TERMED

U.S. District Court
Eastern District of Kentucky (Covington)
CRIMINAL DOCKET FOR CASE #: 2:00-cr-00049-JMH-1


Case title: USA v. Heringer Meats, Inc., et al

Date Filed: 06/14/2000
Date Terminated: 02/28/2001

Assigned to: Judge Joseph M. Hood

Defendant (1)
Heringer Meats, Inc.
TERMINATED: 02/28/2001
represented byPatrick J. Hanley
214 E. Fourth Street
Covington, KY 41011
859-431-7077
Fax: 859-431-2194
Email: p.hanley@worldnet.att.net
TERMINATED: 02/28/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
SLAUGHTER AND PREPARE ANIMALS FOR HUMAN CONSUMPTION
(1)
TWO (2) YEARS PROBATION, UNSUPERVISED

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
SLAUGHTER AND PREPARE ANIMALS FOR HUMAN CONSUMPTION
(2-25)
COUNTS 2-52 DISMISSED ON MOTION OF UNITED STATES
CAUSE ADULTERATION/MISBRANDING IN TRANSPORTATION
(26-50)
COUNTS 2-52 DISMISSED ON MOTION OF UNITED STATES
SLAUGHTER POULTRY IN COMPLIANCE WITH EXISTING LAWS
(51)
COUNTS 2-52 DISMISSED ON MOTION OF UNITED STATES
SLAUGHTER POULTRY IN COMPLIANCE WITH EXISTING LAWS
(52)
COUNTS 2-52 DISMISSED ON MOTION OF UNITED STATES

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA
TERMINATED: 02/28/2001
represented byLaura Klein Voorhees
U.S. Attorney's Office - Ft. Mitchell
207 Grandview Drive
Suite 400
Ft. Mitchell, KY 41017-2762
859-652-7031
Fax: 859-655-3212
Email: Laura.Voorhees@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert Michael Murphy
Law Office of R. Michael Murphy, PLLC
709 Millpond Rd.
Lexington, KY 40514
859-333-8422
Fax: 859-422-5955
Email: murphylawoffice@gmail.com
TERMINATED: 02/28/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/14/2000INDICTMENT by USA Counts filed against Heringer Meats, Inc. (1) count(s) 1-25, 26-50, 51, 52, Raymond Niemeyer (2) count(s) 1-25, 26-50, 51, 52 (TED) (Entered: 06/15/2000)
06/14/2000ORDER by Judge Wm. O. Bertelsman granting motion for summons to issue [2-1] (cc: all counsel) (TED) (Entered: 06/15/2000)
06/14/2000MOTION for summons to issue by USA as to Heringer Meats, Inc. (TED) (Entered: 06/15/2000)
06/14/2000ORDER by Judge Wm. O. Bertelsman granting motion for summons to issue as to Heringer Meats [4-1] (cc: all counsel) (TED) (Entered: 06/15/2000)
06/15/2000  SUMMONS issued as to Heringer Meats, Inc. ;arraignment set for 9:30 6/23/00 for Heringer Meats, Inc. (TED) (Entered: 06/15/2000)
06/21/200013 SUMMONS executed on 6/19/00 as to Heringer Meats, Inc. (TED) (Entered: 06/26/2000)
06/23/2000ARRAIGNMENT MINUTES: before Mag Judge J. G. Wehrman; arr held on 6/23/00; Ehde reported; dft Heringer Meats, Inc. arraigned; not guilty plea entered; Harry Hellings represented deft for arr. only; PTC set for 9:00 7/28/00 for Heringer Meats, Inc.; jury trial set for 10:00 8/14/00 for Heringer Meats, Inc. (cc: all counsel) (DC) (Entered: 06/23/2000)
06/23/200010 GENERAL ORDER OF DISCOVERY by Mag Judge J. G. Wehrman (cc: all counsel) (DC) (Entered: 06/23/2000)
06/23/200011 ORDER by Mag Judge J. G. Wehrman; all motions for rearr. must be filed by PTC (cc: all counsel) (DC) (Entered: 06/23/2000)
07/19/200014 GENERAL ORDER by Chief Judge Henry R. Wilhoit Jr: case reassigned by random draw to Judge Joseph M. Hood ; Clerk mail list w/ Order to COR (cc: all counsel) (SKV) (Entered: 07/19/2000)
07/20/2000  REMARK - file to JMH in Frankfort this date. (LMB) (Entered: 07/20/2000)
07/24/200015 ORDER by Judge Joseph M. Hood case referred to Mag Judge J. G. Wehrman with directions to conduct all PT proceedings including PT conf. on 7/28/00 pursuant to 28:636(b)(cc: all counsel) (LMB) (Entered: 07/24/2000)
07/31/200016 NOTICE OF APPEARANCE for defendant Heringer Meats, Inc. by Attorney Patrick J. Hanley (LMB) (Entered: 08/01/2000)
07/31/200017 ORDER by Mag Judge J. G. Wehrman pretrial conference held on 7/28/00 , , ; jury trial set for 10:00 10/30/00 for Heringer Meats, Inc., for Raymond Niemeyer in Covington before Judge Hood ; pretrial conference set for 10:30 9/25/00 for Heringer Meats, Inc., for Raymond Niemeyer before Mag. Wehrman. Waiver of speedy trial due in 10 days.(cc: all counsel) (LMB) (Entered: 08/01/2000)
08/01/200018 WAIVER OF SPEEDY TRIAL by defendant Heringer Meats, Inc. (TED) (Entered: 08/01/2000)
08/07/2000  CLERK'S REMARK - T/C to Dean Pisacano for Harry Hellings & Pat Hanley - PT on 9/25/00 moved from 10:30 A.M. to 1:30 P.M.; T/C to USA (spoke to Terri) - 8/7/00 (by Kim S.) (TED) (Entered: 08/08/2000)
09/26/200020 ORDER by Mag Judge J. G. Wehrman pretrial conference held on 9/25/00 that joint motion by defts through counsel for a continuance of trial is taken under submission pending ruling by Judge Joseph M. Hood. (cc: all counsel) (LMB) (Entered: 09/27/2000)
10/18/200021 ORDER by Judge Joseph M. Hood ; motion to continue is granted; jury trial reset for 10:00 11/29/00 at Covington for Heringer Meats, Inc., for Raymond Niemeyer , the time period between 10/30/00 and 11/29/00 is to be considered excludable delay pursuant to 18 3161 - ends of justice, etc. (cc: all counsel) (TED) (Entered: 10/19/2000)
11/15/200022 MOTION for rearraignment by Heringer Meats, Inc., Raymond Niemeyer (TED) (Entered: 11/15/2000)
11/16/200023 ORDER by Judge Joseph M. Hood ; rearraignment set for 10:00 11/27/00 for Heringer Meats, Inc., for Raymond Niemeyer subject to interveing order of the court (cc: all counsel) (LMB) (Entered: 11/16/2000)
11/22/200024 ORDER by Judge Joseph M. Hood ; rearraignment reset for 9:30 11/27/00 for Heringer Meats, Inc., for Raymond Niemeyer at Cov. (cc: all counsel, USP, USM) (AKR) (Entered: 11/22/2000)
11/27/200025 REARRAIGNMENT MINUTES: before Judge Joseph M. Hood rearraignment held on 11/27/00 , guilty plea entered by Heringer Meats, Inc. to Ct. 1 , mot. to dismiss cts 2-52 as to corporate dft taken under advisement; jury trial vacated on 11/27/00 , sentencing hearing set for 4:00 2/26/01 at Covington for Heringer Meats, Inc. ind. dft to remain on bond (cc: all counsel) (TED) (Entered: 11/27/2000)
11/27/200026 PLEA Agreement as to Heringer Meats, Inc. (TED) (Entered: 11/28/2000)
11/27/200027 FACTUAL BASIS FOR GUILTY PLEA as to Heringer Meats, Inc. (TED) (Entered: 11/28/2000)
02/05/200128 ORDER by Judge Joseph M. Hood ; sentencing hearing reset for 10:30 2/27/01 for Heringer Meats, Inc., for Raymond Niemeyer (cc: all counsel) (TED) (Entered: 02/08/2001)
02/27/2001  Receipt No. 089644 For Amount: $400 Type of Payment. special assessment As to Dft. Heringer Meats (TED) (Entered: 02/27/2001)
02/27/200129 MEMORANDUM ON AMENDED RESTITUTION by plaintiff USA (TED) (Entered: 02/27/2001)
02/27/200130 COURTS ADVICE OF RIGHT TO APPEAL SENTENCE as to Heringer Meats, Inc. (TED) (Entered: 02/27/2001)
02/27/200131 RULE 32(C) INFORMATION - SEALED as to Heringer Meats, Inc. (TED) (Entered: 02/27/2001)
02/27/200132 PRESENTENCE Report on Heringer Meats, Inc. original sealed. (TED) (Entered: 02/27/2001)
02/28/200134 JUDGMENT IN A CRIMINAL CASE by Judge Joseph M. Hood issued to U.S. Marshal as to Heringer Meats, Inc. , sentencing hearing held on 2/27/01 , Kathryn Marshall reported; sentencing Heringer Meats, Inc. (1) count(s) 1. TWO (2) YEARS PROBATION, UNSUPERVISED , dismissing counts as to Heringer Meats, Inc. (1) count(s) 2-25, 26 -50 , 51 , 52 . COUNTS 2-52 DISMISSED ON MOTION UNITED STATES , $400 special assessment; $30,000 fine; $10,965.95 restitution jointly and severally with Raymond Niemeyer Cov. Cr. 00-86; payment to be made U.S. District Clerk, P.O. Box 1073, Covington, KY 41012-1073; terminating party USA, party Heringer Meats, Inc., party Raymond Niemeyer , case terminated (cc: all counsel, USP, w/NOE) (TED) Modified on 03/01/2001 (Entered: 03/01/2001)
04/12/200135 AMENDED JUDGMENT IN A CRIMINAL CASE by Judge Joseph M. Hood issued to U.S. Marshal as to Heringer Meats, Inc.; restitution p.3 modified; all other aspects of Judgment 2/27/01 remain unchanged (cc: all counsel, USP, w/NOE) (TED) (Entered: 04/13/2001)
10/25/2001  Receipt No. 094809 For Amount: $1,366.49 Type of Payment. restitution As to Dft. Niemeyer (TED) (Entered: 11/02/2001)
02/19/200236 ORDER by Judge Joseph M. Hood; interest with respect to restitution, fine and cost of prosecution imposed on dft is waived (cc: all counsel) (TED) (Entered: 02/20/2002)
11/12/200237 MOTION for order regarding distribution of restitution funds by USA as to Heringer Meats, Inc. (LMB) (Entered: 11/12/2002)
11/14/200238 ORDER by Judge Joseph M. Hood granting motion for order regarding distribution of restitution funds to Cincinnati Job Corp Center [37-1] (cc: all counsel) (TED) (Entered: 11/18/2002)
01/30/200339 ORDER by Judge Joseph M. Hood dft organization Heringer Meats, Inc. discharged from probation and proceedings in case be terminated (cc: all counsel) (TED) (Entered: 01/30/2003)
11/21/200840PETITION For Remission by USA as to Heringer Meats, Inc. (Attachments: # 1 Proposed Order)(LMB) (Entered: 11/21/2008)
11/21/200841 ORDER granting 40 Petition of United States for remitting remaining portion of fine in case as to Heringer Meats, Inc. (1). It is ordered that the $16,016.96 which continues to be due and owing as a portion of the fine in this case shall be remitted. Signed by Judge Joseph M. Hood on 11/21/08. (TED)cc: COR,USM,USP,Lex Finance (Entered: 11/21/2008)