| CLOSED, CONSENT |
Case title: USA v. Gatliff Coal Company, et al |
Date Filed: 07/13/2000 Date Terminated: 12/04/2000 |
| Assigned to: District Judge Thomas W Phillips | ||
Defendant (1) |
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Gatliff Coal Company
TERMINATED: 12/04/2000 |
represented by | Gary C Shockley
Baker, Donelson, Bearman & Caldwell - Nashville 511 Union Street Suite 1700 Nashville, TN 37219 615-726-5600 Fax: 615-744-5704 Email: gshockley@bakerdonelson.com TERMINATED: 12/04/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 33:403.M [33:403 and 406] DID ALTER AND MODIFY THE
CONDITION OF THE CHANNEL OF A NAVIGABLE WATER OF THE US BY LOW PH WATER
THROUGH A PUMP IN VIOLATION OF A PERMIT (1) |
Deft, Gatliff Coal, ordered to pay fine in the amt of $17,000.00; special assessment of $125.00; additionally to make voluntarily contributions in a total amt of $179,999.50. | |
Highest Offense Level (Opening) |
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| Misdemeanor | ||
Terminated Counts |
Disposition |
|
| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
|
| None |
Plaintiff |
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| USA | represented by | Guy W Blackwell
Law Office of Guy Blackwell 138 Saylor Road Gray, TN 37615 423-557-3924 Fax: 423-753-5846 Email: GWBlawoffice@comcast.net LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/13/2000 | 1 | INFORMATION by USA filed against Gatliff Coal Company (1) count 1 & Glennis Lawson (2) count 1 (KJR) (Entered: 07/17/2000) |
| 07/13/2000 | ARREST of defendant Gatliff Coal Company with David Meece VP appearing as representative for Gatliff Coal on 7/13/00 (KJR) (Entered: 07/17/2000) | |
| 07/13/2000 | 2 | CTRM MINUTES: before Mag Judge Thomas W. Phillips ; initial appearance/plea to an information hearing held on Defts Gatliff Coal Company & Glennis Lawson; Attorney Gary Shockley present on behalf of Deft Gatliff Coal Company & atty David Eldridge present on behalf of Deft Glennis Lawson ; Company VP of Gatliff, David Bruce Meece, present on behalf of Gatliff Coal Corp - sworn and advised of rights; consent to proceed before US Magistrate Judge in a Misdemeanor case executed by the parties; dft Gatliff Coal Company, Glennis Lawson arraigned with guilty plea entered to count 1 of the information by Deft Glennis Lawson ; $25,000 O/R Bond set for Glennis Lawson ; sentencing hearing set for 1:30 on 10/2/00 for Gatliff Coal Company & for Glennis Lawson; case referred for psi. CD N. Graham; CR Netta Kocuba. (KJR) (Entered: 07/17/2000) |
| 07/13/2000 | 3 | PLEA AGREEMENT filed unsealed by Gatliff Coal Company and Glennis Lawson (KJR) (Entered: 07/17/2000) |
| 07/13/2000 | 4 | FACTUAL BASIS as to defendant Gatliff Coal Company, defendant Glennis Lawson (KJR) (Entered: 07/17/2000) |
| 07/13/2000 | 6 | CONSENT to proceed before Mag Judge Thomas W. Phillips on a misdemeanor by Gatliff Coal Company & Glennis Lawson (KJR) (Entered: 07/17/2000) |
| 08/22/2000 | NOTICE OF HEARING ; setting sentencing hearing set for 1:30 on 10/2/00 for Gatliff Coal Company & Glennis Lawson before the Hon. Thomas W. Phillips (cc: all counsel) (KJR) (Entered: 08/22/2000) | |
| 10/24/2000 | 7 | NOTICE OF NOT OBJECTION TO PRESENTENCE REPORT by plaintiff USA C/S (CRS) (Entered: 10/24/2000) |
| 11/02/2000 | NOTICE OF HEARING; before Mag Judge Thomas W. Phillips ; sentencing hearing reset for 3:00 pn on 11/15/00 for Gatliff Coal Company & Glennis Lawson before the Hon. Thomas W. Phillips (cc: all counsel) (KJR) (Entered: 11/02/2000) | |
| 11/09/2000 | NOTICE OF HEARING; setting sentencing before Mag Judge Thomas W. Phillips ; on 12/4/00 at 1:30 pm for Gatliff Coal Company & Glennis Lawson (cc: all counsel) (KJR) (Entered: 11/09/2000) | |
| 12/04/2000 | RECEIPT #20666 in the amount of $3,025.00 ($25.00 special assessment and $3,000.00 fine) for Glennis Lawson (ANB) (Entered: 12/05/2000) | |
| 12/04/2000 | RECEIPT #20665 in the amount of $17,125.00 ($125 special assessment and $17,000.00 fine) for Gatliff Coal Company (ANB) (Entered: 12/05/2000) | |
| 12/04/2000 | 8 | CTRM MINUTES: before Mag Judge Thomas W. Phillips ; sentencing Gatliff Coal Company (1) on count 1 of the information. Bruce Meese present o/b/o Gatliff Coal Company with Deft representative sworn and plea agreement previously accepted by the Court. Govt's oral motion for a downward departure - granted. Deft, Gatliff Coal, ordered to pay fine in the amt of $17,000.00 to the US District Court Clerk's Office with a special assessment of $125.00; additionally to make voluntarily contributions to the following: $2,179.50 in cost recovery for the Mining Section of the Division of Water Pollution Control at the TN Dept of Environment & Conservation; $50,000.00 to be deposited into the TN Surface Mine Reclamation Fund for environmental projects with a preference for Campbell Co., TN & associated areas where Gatliff Coal Company's violations occurred; $50,000.00 to the Office of Surface Mining for the White Oak Basin Reforestation Project; $10,320.50 to the Commissioner of the TN Dept of Environment & Conversation who may allocate amt to environmental projects in the 8th Judicial Dist or to the TN parks & greenways foundation; $17,500.00 to the Office of the Dist Atty General for the 8th Judicial Dist; and $50,000.00 as costs of enforcement of the Office of the Atty General of TN, to fund continued enforcement of environmental laws. CD K. Jones; Tape 3C-00-58. (KJR) (Entered: 12/07/2000) |
| 12/18/2000 | 10 | JUDGMENT by Mag Judge Thomas W. Phillips issued as to Gatliff Coal Company O.B. 181 Pg 28 (cc: all counsel) (KJR) (Entered: 12/19/2000) |