| CLOSED |
Case title: USA v. Guidant LLC |
Date Filed: 02/25/2010 Date Terminated: 01/13/2011 |
| Assigned to: Judge Donovan W. Frank | ||
Defendant (1) |
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Guidant LLC
TERMINATED: 01/13/2011 formerly doing business as Guidant Corporation TERMINATED: 01/13/2011 |
represented by | Daniel M Scott
Kelley, Wolter & Scott, P.A. 431 S Seventh Street; Suite 2530 Mpls, MN 55415 (612) 371-9090 Fax: (612) 371-0574 Email: dscott@kelleywolter.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
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| 21:331(q)(2), 360i, and 333(a)(1) SUBMISSION OF FALSE AND MISLEADING REPORT TO FDA (1) |
Probation for 3 years; Total of $250 Special Assessment; Total Fine of $253,962,251; Total Forfeiture of $42,079,675 | |
| 21:331(q)(1)(B), 360i(g), and 331(a)(1) FAILURE AND REFUSAL TO REPORT MEDICAL DEVICE CORRECTION (2) |
Probation for 3 years; Total of $250 Special Assessment; Total Fine of $253,962,251; Total Forfeiture of $42,079,675 | |
Highest Offense Level (Opening) |
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| Misdemeanor | ||
Terminated Counts |
Disposition |
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| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
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| None |
Respondent |
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| Victim | represented by | Charles S Zimmerman
Zimmerman Reed, PLLP 1100 IDS Center 80 South Eighth Street Minneapolis, MN 55402 612-341-0400 Fax: 612-341-0844 Email: charles.zimmerman@zimmreed.com ATTORNEY TO BE NOTICED Designation: Retained Elizabeth A Peterson Zimmerman Reed, PLLP 1100 IDS Center 80 South Eighth Street Minneapolis, MN 55402 612-341-0400 Fax: 612-341-0844 Email: elizabeth.peterson@zimmreed.com ATTORNEY TO BE NOTICED Designation: Retained |
Plaintiff |
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| USA | represented by | Robert M Lewis
United States Attorney's Office 300 S 4th St Ste 600 Mpls, MN 55415 (612) 664-5600 Email: robert.lewis@usdoj.gov ATTORNEY TO BE NOTICED Ross S Goldstein U.S. Department of Justice Office of Consumer Litigation P.O. Box 386 Washington, DC 20044 202-353-4218 Fax: 202-514-8742 Email: ross.goldstein@usdoj.gov ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 02/24/2010 | 2 | ORDER as to Guidant LLC. IT IS ORDERED that the Clerk directly assign the Information from the U.S. Attorney's Office for the above defendant to Judge Donovan W. Frank. Signed by Chief Judge Michael J. Davis on 2/24/10. (LEG) (Entered: 02/25/2010) |
| 02/25/2010 | 1 | MISDEMEANOR INFORMATION by USA Robert M. Lewis and Ross S. Goldstein as to Guidant LLC (1) counts 1 and 2 assigned to Judge Donovan W. Frank. Notice of Forfeiture as to this Information. (LEG) (Entered: 02/25/2010) |
| 02/26/2010 | 3 | TEXT ONLY ENTRY. NOTICE OF HEARING as to Guidant LLC. Arraignment and Plea Agreement Hearing set for 3/16/2010 10:30 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. (BJS) (Entered: 02/26/2010) |
| 03/01/2010 | Summons Issued in case as to Guidant LLC. Hearing to be held on 3/16/2010 10:30 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. (LEG) (Entered: 03/01/2010) | |
| 03/01/2010 | 4 | MOTION for Order for Alternative Victim Notification Procedures by USA as to Guidant LLC. (Attachments: # 2 Exhibit(s) Exhibit B) (Goldstein, Ross) (Entered: 03/01/2010) |
| 03/02/2010 | 5 | Certificate of Service by USA as to Guidant LLC re 4 MOTION for Order for Alternative Victim Notification Procedures.(Lewis, Robert) (Entered: 03/02/2010) |
| 03/09/2010 | 6 | TEXT ONLY ENTRY. AMENDED NOTICE OF CHANGE OF PLEA as to Guidant LLC. Change of Plea Hearing now set for 4/5/2010 02:00 PM in Courtroom 7C, St. Paul, before Judge Donovan W. Frank. (BJS) (Entered: 03/09/2010) |
| 03/10/2010 | 7 | EXHIBIT B (Amended) to Government's Motion to Authorize Alternative Notification Procedures by USA as to Guidant LLC. (Attachments: # 1 Certificate of Service) (Lewis, Robert) (Entered: 03/10/2010) |
| 03/11/2010 | 8 | ORDER granting 4 Motion to Authorize Alternative Procedures for Notice to Potential Victims as to Guidant LLC (1). See Order for details. Signed by Judge Donovan W. Frank on 3/11/2010. (BJS) (Entered: 03/11/2010) |
| 03/11/2010 | 9 | PLEA AGREEMENT FILED WITH THE CLERK as to Guidant LLC. (MKG) Attachment(s) added on 4/1/2010: # 1 Exhibits A and B) Modified text on 4/1/2010 (mkg). (Entered: 03/11/2010) |
| 03/19/2010 | 10 | Letter from District Judge dated 3/19/10 as to Guidant LLC. (rlb) Modified text on 3/25/2010 (mkg). (Entered: 03/24/2010) |
| 03/24/2010 | 11 | Letter from District Judge dated 3/24/10 as to Guidant LLC. (rlb) Modified text on 3/25/2010 (mkg). (Entered: 03/24/2010) |
| 03/24/2010 | 17 | Summons Returned Executed on 3/5/2010 as to Guidant LLC.(las) Modified return date on 4/13/2010 (knk). (Entered: 04/12/2010) |
| 03/25/2010 | 12 | LETTER TO DISTRICT JUDGE by USA (Lewis, Robert) (Entered: 03/25/2010) |
| 03/30/2010 | 13 | VICTIM'S MEMORANDUM in Opposition to the Proposed Guidant Plea Agreement by Victim as to Guidant LLC re 2 Attachment B) (MKG) (Entered: 03/31/2010) |
| 04/01/2010 | 14 | MEMORANDUM by Guidant LLC re 1 Certificate of Service) (Scott, Daniel) (Entered: 04/01/2010) |
| 04/01/2010 | 15 | RESPONSE by USA as to Guidant LLC re 1 Certificate of Service) (Lewis, Robert) (Entered: 04/01/2010) |
| 04/05/2010 | 16 | Minute Entry for proceedings held before Judge Donovan W. Frank:Arraignment and Plea Agreement Hearing as to Guidant LLC held on 4/6/2010. Plea entered by Guidant LLC (1) Guilty Count 1,2. The Court reserves the right to set a sentencing date with or without a Presentence Investigation and Report. The matter of accepting or rejecting the plea agreement is deemed submitted. Written order forthcoming.(Court Reporter Jeanne Anderson) (BJS) Modified file date on 4/7/2010 (mkg). (Entered: 04/06/2010) |
| 04/15/2010 | 18 | MEMORANDUM by Victim as to Guidant LLC Proposed Plea Agreement (Supplemental) (Peterson, Elizabeth) (Entered: 04/15/2010) |
| 04/15/2010 | 19 | Certificate of Service by Victim as to Guidant LLC re 18 Memorandum.(Peterson, Elizabeth) (Entered: 04/15/2010) |
| 04/16/2010 | 20 | RESPONSE by Guidant LLC re 1 Certificate of Service) (Scott, Daniel) (Entered: 04/16/2010) |
| 04/19/2010 | 21 | LETTER TO DISTRICT JUDGE from Drs. Robert G. Hauser and Barry J. Maron as to Guidant LLC. (BJS) (Entered: 04/19/2010) |
| 04/20/2010 | 22 | LETTER TO DISTRICT JUDGE DONOVAN W. FRANK from Heather S. Sorensen as to Guidant LLC. (BJS) (Entered: 04/20/2010) |
| 04/22/2010 | 23 | NOTICE of Filing of Official Transcript, as to Guidant LLC. (jma) (Entered: 04/22/2010) |
| 04/22/2010 | 24 | TRANSCRIPT of Plea Hearing held on 04/05/2010 before Judge Donovan W. Frank as to Guidant LLC. (129 pages) Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov. Telephone: (651) 848-1221). Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. For information on redaction procedures, please review Local Rule 5.5. (jma) (Entered: 04/22/2010) |
| 04/23/2010 | 25 | LETTER TO DISTRICT JUDGE from Lisa Salberg as to Guidant LLC. (BJS) (Entered: 04/23/2010) |
| 04/23/2010 | 26 | LETTER TO DISTRICT JUDGE from Robert O. Harker as to Guidant LLC. (BJS) (Entered: 04/23/2010) |
| 04/27/2010 | 27 | MEMORANDUM OPINION AND ORDER as to Guidant LLC re 9 ). See Order for details. (Written Opinion). Signed by Judge Donovan W. Frank on 4/27/2010. (BJS) Regen NEF: PR Modified text on 4/28/2010 (las). (Entered: 04/27/2010) |
| 05/10/2010 | 28 | LETTER TO DISTRICT JUDGE from John Birmingham as to Guidant LLC. **Pursuant to Fed.R.Crim.P. 49.1, an unredacted version of this document has been filed under seal with the Clerk. Receipt of sealed document(s) on 5/10/10. (MKG) (Entered: 05/11/2010) |
| 05/18/2010 | 29 | ORDER as to Guidant LLC. The Court hereby orders the United States Probation Office to prepare a Presentence Investigation Report that specifically addresses the issues discussed in the Court's April 27 Order. Upon completion of the Presentence Investigation Report, the Court shall set a sentencing date. Signed by Judge Donovan W. Frank on 5/18/2010. (Attachments: # 1 Exhibit(s) A) (BJS) Regen NEF: PR. Modified text on 5/19/2010 (las). (Entered: 05/18/2010) |
| 07/13/2010 | 30 | LETTER TO DISTRICT JUDGE from Lou H. McKenna as to Guidant LLC. ***Pursuant to Fed.R.Crim.P. 49.1, an unredacted version of this document has been filed under seal with the Clerk. Receipt of sealed document(s) on 7/13/10. (LEG) (Entered: 07/13/2010) |
| 12/07/2010 | 31 | *TEXT ONLY ENTRY* NOTICE of Setting Sentencing as to Guidant LLC: Sentencing set for 1/12/2011 09:00 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. (BJS) (Entered: 12/07/2010) |
| 12/10/2010 | 33 | Minute Entry for proceedings held before Judge Donovan W. Frank:Status Conference as to Guidant LLC held on 12/10/2010 (Court Reporter NA) (BJS) (Entered: 12/13/2010) |
| 12/13/2010 | 32 | MOTION for Extension of Time to File Position Pleadings by USA as to Guidant LLC. (Attachments: # 1 Certificate of Service) (Lewis, Robert) (Entered: 12/13/2010) |
| 12/13/2010 | 34 | TEXT ONLY ORDER granting 32 Motion for Extension of Time to File Position Pleadings as to Guidant LLC (1). Sentencing position pleadings shall be filed no later than January 4, 2011. Signed by Judge Donovan W. Frank on 12/13/2010. (BJS) (Entered: 12/13/2010) |
| 12/17/2010 | 35 | ORDER as to Guidant LLC. The Court respectfully orders that the Defendant submit the following information to the Court on or before January 4, 2011:1. A summary of the Defendant's compliance activities, including information about changes it has made to its compliance program since the events that gave rise to the offenses alleged in this action. 2. A summary of the Defendant's charitable and community service activities of the type described by the Court in its April 27, 2010 Memorandum Opinion and Order. Signed by Judge Donovan W. Frank on 12/16/2010. (BJS) (Entered: 12/17/2010) |
| 01/04/2011 | 36 | RESPONSE by Guidant LLC re 2 Certificate of Service) (Scott, Daniel) (Entered: 01/04/2011) |
| 01/04/2011 | 37 | POSITION ON SENTENCING/SENTENCING MEMORANDUM by USA as to Guidant LLC (Attachments: # 1 Certificate of Service) (Goldstein, Ross) (Entered: 01/04/2011) |
| 01/06/2011 | 38 | MOTION FOR PRELIMINARY ORDER OF FORFEITURE by USA as to Guidant LLC. (Attachments: # 1 Certificate of Service) (Lewis, Robert) (Entered: 01/06/2011) |
| 01/11/2011 | 39 | *TEXT ONLY ENTRY* NOTICE of Rescheduling of Hearing as to Guidant LLC. The Sentencing hearing scheduled for Wednesday, January 12, 2011, will commence at 10:30 a.m. (not 9 a.m. as previously scheduled). (BJS) (Entered: 01/11/2011) |
| 01/12/2011 | 40 | Minute Entry for proceedings held before Judge Donovan W. Frank:Sentencing held on 1/12/2011 for Guidant LLC. (Court Reporter Jeanne Anderson) (BJS) (Entered: 01/13/2011) |
| 01/12/2011 | 41 | Amended Minute Entry for proceedings held before Judge Donovan W. Frank: Sentencing held on 1/12/2011 for Guidant LLC (Court Reporter Jeanne Anderson) (BJS) (Entered: 01/13/2011) |
| 01/13/2011 | 42 | SENTENCING JUDGMENT as to Guidant LLC (1), SENTENCED on Counts 1 and 2, Probation for 3 years; Total of $250 Special Assessment; Total Fine of $253,962,251; Total Forfeiture of $42,079,675. Signed by Judge Donovan W. Frank on 1/13/11. (Attachments: # 1 Attachment A) (MKG) (Entered: 01/13/2011) |
| 01/20/2011 | 43 | NOTICE of Filing of Official Transcript, as to Guidant LLC. (jma) (Entered: 01/20/2011) |
| 01/20/2011 | 44 | TRANSCRIPT of Sentencing Hearing held on 01/12/2011 before Judge Donovan W. Frank as to Guidant LLC. (70 pages) Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov. Telephone: (651) 848-1221). Redaction Request due 2/7/2011. Redacted Transcript Deadline set for 2/17/2011. Release of Transcript Restriction set for 4/18/2011. For information on redaction procedures, please review Local Rule 5.5. (jma) (Entered: 01/20/2011) |
| 01/28/2011 | 45 | PRELIMINARY ORDER OF FORFEITURE granting 38 Motion for Preliminary Order of Forfeiture as to Guidant LLC (1). Signed by Judge Donovan W. Frank on 1/28/2011. (BJS) (Entered: 01/28/2011) |