CLOSED

U.S. District Court
District of Minnesota (DMN)
CRIMINAL DOCKET FOR CASE #: 0:10-mj-00067-DWF-1


Case title: USA v. Guidant LLC

Date Filed: 02/25/2010
Date Terminated: 01/13/2011

Assigned to: Judge Donovan W. Frank

Defendant (1)
Guidant LLC
TERMINATED: 01/13/2011
formerly doing business as
Guidant Corporation
TERMINATED: 01/13/2011
represented byDaniel 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
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)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Respondent
Victim represented byCharles 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
USA represented byRobert 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
02/24/20102ORDER 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)
02/25/20101MISDEMEANOR 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)
02/26/2010TEXT 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)
03/01/20104 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)
03/02/20105Certificate of Service by USA as to Guidant LLC re 4 MOTION for Order for Alternative Victim Notification Procedures.(Lewis, Robert) (Entered: 03/02/2010)
03/09/2010TEXT 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)
03/10/20107EXHIBIT 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)
03/11/20108ORDER 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)
03/11/20109PLEA 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)
03/19/201010Letter from District Judge dated 3/19/10 as to Guidant LLC. (rlb) Modified text on 3/25/2010 (mkg). (Entered: 03/24/2010)
03/24/201011Letter from District Judge dated 3/24/10 as to Guidant LLC. (rlb) Modified text on 3/25/2010 (mkg). (Entered: 03/24/2010)
03/24/201017Summons Returned Executed on 3/5/2010 as to Guidant LLC.(las) Modified return date on 4/13/2010 (knk). (Entered: 04/12/2010)
03/25/201012LETTER TO DISTRICT JUDGE by USA (Lewis, Robert) (Entered: 03/25/2010)
03/30/201013VICTIM'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)
04/01/201014MEMORANDUM by Guidant LLC re 1 Certificate of Service) (Scott, Daniel) (Entered: 04/01/2010)
04/01/201015RESPONSE by USA as to Guidant LLC re 1 Certificate of Service) (Lewis, Robert) (Entered: 04/01/2010)
04/05/201016Minute 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)
04/15/201018MEMORANDUM by Victim as to Guidant LLC Proposed Plea Agreement (Supplemental) (Peterson, Elizabeth) (Entered: 04/15/2010)
04/15/201019Certificate of Service by Victim as to Guidant LLC re 18 Memorandum.(Peterson, Elizabeth) (Entered: 04/15/2010)
04/16/201020RESPONSE by Guidant LLC re 1 Certificate of Service) (Scott, Daniel) (Entered: 04/16/2010)
04/19/201021LETTER TO DISTRICT JUDGE from Drs. Robert G. Hauser and Barry J. Maron as to Guidant LLC. (BJS) (Entered: 04/19/2010)
04/20/201022LETTER TO DISTRICT JUDGE DONOVAN W. FRANK from Heather S. Sorensen as to Guidant LLC. (BJS) (Entered: 04/20/2010)
04/22/201023NOTICE of Filing of Official Transcript, as to Guidant LLC. (jma) (Entered: 04/22/2010)
04/22/201024TRANSCRIPT 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)
04/23/201025LETTER TO DISTRICT JUDGE from Lisa Salberg as to Guidant LLC. (BJS) (Entered: 04/23/2010)
04/23/201026LETTER TO DISTRICT JUDGE from Robert O. Harker as to Guidant LLC. (BJS) (Entered: 04/23/2010)
04/27/201027MEMORANDUM 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)
05/10/201028LETTER 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)
05/18/201029ORDER 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)
07/13/201030LETTER 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)
12/07/201031 *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)
12/10/201033Minute 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)
12/13/201032 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)
12/13/201034 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)
12/17/201035ORDER 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)
01/04/201136RESPONSE by Guidant LLC re 2 Certificate of Service) (Scott, Daniel) (Entered: 01/04/2011)
01/04/201137POSITION ON SENTENCING/SENTENCING MEMORANDUM by USA as to Guidant LLC (Attachments: # 1 Certificate of Service) (Goldstein, Ross) (Entered: 01/04/2011)
01/06/201138 MOTION FOR PRELIMINARY ORDER OF FORFEITURE by USA as to Guidant LLC. (Attachments: # 1 Certificate of Service) (Lewis, Robert) (Entered: 01/06/2011)
01/11/201139 *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)
01/12/201140Minute 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)
01/12/201141Amended 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)
01/13/201142SENTENCING 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)
01/20/201143NOTICE of Filing of Official Transcript, as to Guidant LLC. (jma) (Entered: 01/20/2011)
01/20/201144TRANSCRIPT 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)
01/28/201145PRELIMINARY 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)