| CLOSED |
Case title: USA v. Hibma, et al |
Date Filed: 09/20/2001 Date Terminated: 04/05/2002 |
| Assigned to: Magistrate Judge Dennis L. Beck | ||
Defendant (1) |
||
|
Jack Allen Hibma
TERMINATED: 04/03/2002 |
represented by | William Bart Barringer
Law Office of Mayol & Barringer P.O. Box 3049 Modesto, CA 95353 209-544-9555 Fax: 209-544-9875 Email: bbarringer@mblaw.com TERMINATED: 04/03/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 33 USC 1311(a), 1319(c)(2)(A), and 1342 - KNOWING VIOLATION OF THE CLEAN WATER ACT (1) |
12 months unsupervised probation as to the Superseding Information; $25 penalty assessment; $17,500 fine with $10,000 stayed pending completion of probation, $7,500 paid today | |
Highest Offense Level (Opening) |
||
| Felony | ||
Terminated Counts |
Disposition |
|
| None | ||
Highest Offense Level (Terminated) |
||
| None | ||
Complaints |
Disposition |
|
| None |
| Assigned to: Magistrate Judge Dennis L. Beck | ||
Defendant (2) |
||
|
Nicholas Alan Hibma
TERMINATED: 04/05/2002 |
represented by | William Bart Barringer
(See above for address) TERMINATED: 04/05/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| None | ||
Highest Offense Level (Opening) |
||
| None | ||
Terminated Counts |
Disposition |
|
| 33 USC 1311(a), 1319(c)(2)(A), and 1342 - KNOWING VIOLATION OF THE CLEAN WATER ACT (1) |
DISMISSED | |
Highest Offense Level (Terminated) |
||
| Felony | ||
Complaints |
Disposition |
|
| None |
| Assigned to: Magistrate Judge Dennis L. Beck | ||
Defendant (3) |
||
|
Hibma Dairy, Inc
TERMINATED: 04/03/2002 |
represented by | William Bart Barringer
(See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 33 USC 1311(a), 1319(c)(2)(A), and 1342 - KNOWING VIOLATION OF THE CLEAN WATER ACT (1) |
12 months unsupervised probation on the Superseding Information, $125 penalty assessment, $17,500 fine with $10,000 stayed pending completion of probation and $7,500 paid today, $847.88 restitution to the Dept. of Fish and Ga me paid today c/o USAO | |
Highest Offense Level (Opening) |
||
| Felony | ||
Terminated Counts |
Disposition |
|
| None | ||
Highest Offense Level (Terminated) |
||
| None | ||
Complaints |
Disposition |
|
| None |
Plaintiff |
||
| USA | represented by | Carl M. Faller
Carl M. Faller, Attorney At Law Post Office Box 912 Fresno, CA 93714 559-226-1534 Email: carl.faller@fallerdefense.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Ernest Robert Wright Friends Of The River 1418 20th St., Suite 100 Sacramento, CA 95811 916-442-3155 Fax: 916-442-3396 Email: bwright@friendsoftheriver.org, LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/20/2001 | 1 | INDICTMENT by US Attorney Carl M Faller Jr Counts filed against Jack Allen Hibma (1) count(s) 1, Nicholas Alan Hibma (2) count(s) 1, Hibma Dairy, Inc (3) count(s) 1 (rcf) (Entered: 09/21/2001) |
| 09/20/2001 | SUMMONS issued arraignment set for 10:30 10/17/01 for Jack Allen Hibma (rcf) (Entered: 09/21/2001) | |
| 09/20/2001 | SUMMONS issued arraignment set for 10:30 10/17/01 for Nicholas Alan Hibma (rcf) (Entered: 09/21/2001) | |
| 09/20/2001 | SUMMONS issued arraignment set for 10:30 10/17/01 for Hibma Dairy, Inc (rcf) (Entered: 09/21/2001) | |
| 10/17/2001 | 2 | MINUTES before Magistrate Beck RE: ARRAIGNMENT AND PLEA first appearance of Jack Allen Hibma Attorney B Baringer present , dft Jack Allen Hibma arraigned; NOT GUILTY plea entered , Status Conference hearing set for 10:00 11/5/01 for Jack Allen Hibma before Judge Coyle, Defendant ordered to be present C/R A Alvarez (tel) (Entered: 10/18/2001) |
| 10/17/2001 | 3 | MINUTES before MagistrateBeck RE: ARRAIGNMENT AND PLEA first appearance of Nicholas Alan Hibma Attorney B Baringer present , dft Nicholas Alan Hibma arraigned; NOT GUILTY plea entered , status hearing set for 10:00 11/5/01 for Alan Hibma before Judge Coyle; defendant ordered to be present C/R A Alvarez (tel) (Entered: 10/18/2001) |
| 10/17/2001 | 4 | MINUTES before Magistrate Beck RE: ARRAIGNMENT AND PLEA first appearance of Hibma Dairy, Inc Attorney B Baringer present , dft Hibma Dairy, Inc arraigned; NOT GUILTY plea entered , status hearing set for 10:00 11/5/01 for Hibma Dairy, Inc before Judge Coyle; defendant ordered to be present C/R A Alvarez (tel) (Entered: 10/18/2001) |
| 11/05/2001 | 5 | MINUTES before Senior Judge Robert E. Coyle RE: STATUS CONFERENCE CONTINUED to 10:00 12/10/01 for defts Jack Allen Hibma, Nicholas Alan Hibma, Hibma Dairy, Inc defts' motions filing ddl set for 11/19/01; govt's response ddl set for 12/3/01 XE started for Jack Allen Hibma, Nicholas Alan Hibma, Hibma Dairy, Inc start date: 11/5/01 end date: 12/10/01 C/R B Molezzo (jh) (Entered: 11/06/2001) |
| 12/10/2001 | 6 | MINUTES before Senior Judge Robert E. Coyle RE: Status Conference/Trial Setting status conference hearing CONTINUED TO 10:00 on 1/14/02 in ctrm 1 before Judge Coyle for Jack Allen Hibma, Nicholas Alan Hibma and Hibma Dairy, Inc , XT started for Jack Allen Hibma, Nicholas Alan Hibma, Hibma Dairy, Inc start date: 12/10/01 end date: 1/14/02 C/R B. Molezzo (old) (Entered: 12/11/2001) |
| 01/14/2002 | 7 | MINUTES before Judge Coyle status hearing set for 10:00 2/4/02 for Jack Allen Hibma, for Nicholas Alan Hibma, for Hibma Dairy, Inc ; status hearing held on 1/14/02 as to defendant's , XT started for dft's start date: 01/14/02 end date: 02/04/02 C/R B Molezzo (wh) (Entered: 01/15/2002) |
| 02/04/2002 | 8 | MINUTES before Judge Coyle motions in limine filing ddl set for 3/4/02 for Jack Allen Hibma, Nicholas Alan Hibma and Hibma Dairy, Inc; in-court hearing set for 10:00 3/11/02 before Judge Coyle for dfts; trial confirmation hearing set for 10:00 3/11/02; jury trial (estimated 3 days) set for 9:00 3/19/02 C/R B Molezzo (jv) (Entered: 02/05/2002) |
| 02/05/2002 | 9 | ORDER TO SHOW CAUSE by Senior Judge Robert E. Coyle in-court hearing set for 10:00 3/11/02 before Judge Coyle for Jack Allen Hibma, Nicholas Alan Hibma and Hibma Dairy, Inc to show cause why there is not a conflict of interest resulting from joint representation of attorney Baringer (cc: all counsel) (jv) (Entered: 02/05/2002) |
| 02/27/2002 | 10 | ATTORNEY APPEARANCE for dfts Jack Allen Hibma, Nicholas Alan Hibma, Hibma Dairy, Inc by attorney Bart Barringer (jv) (Entered: 02/28/2002) |
| 03/01/2002 | 11 | MEMORANDUM OF POINTS AND AUTHORITIES in response to Order to Show Cause by defendant re [9-2] conflict of interest (wh) (Entered: 03/04/2002) |
| 03/01/2002 | 12 | DECLARATION of Nicholas Alan Hibma in support of [11-1] Memorandum (wh) (Entered: 03/04/2002) |
| 03/01/2002 | 13 | DECLARATION of Hibma Dairy Inc. in support of [11-1] Memorandum (wh) (Entered: 03/04/2002) |
| 03/01/2002 | 14 | DECLARATION of Jack Allen Hibma in support of [11-1] Memorandum (wh) (Entered: 03/04/2002) |
| 03/11/2002 | 15 | MINUTES before Senior Judge Coyle RE: 3/11/02 Hearing trial confirmation hearing CONTINUED to 9:00 4/1/02 before Judge Coyle for dfts Jack Allen Hibma, Nicholas Alan Hibma, Hibma Dairy, Inc; trial CONTINUED to 9:00 4/9/02 before Judge Coyle for all above-referenced dfts OSC RE: CONFLICT [9-2] RESOLVED XT negotiation started for Jack Allen Hibma, Nicholas Hibma, Hibma Dairy, Inc start date: 3/11/02 end date: 4/9/02 C/R S Crump (jh) (Entered: 03/12/2002) |
| 04/01/2002 | 16 | MEMORANDUM OF PLEA Agreement as to Jack Allen Hibma, Nicholas Alan Hibma, Hibma Dairy, Inc (old) (Entered: 04/02/2002) |
| 04/01/2002 | 17 | MEMORANDUM OF PLEA Agreement as to Hibma Dairy, Inc (old) (Entered: 04/02/2002) |
| 04/01/2002 | 18 | WAIVER of indictment by defendant Jack Allen Hibma (old) (Entered: 04/02/2002) |
| 04/01/2002 | 19 | MINUTES before Senior Judge Robert E. Coyle RE: trial confirmation and change of plea trial confirmed for 04/09/02; change of plea hearing set for 10:30 4/3/02 before Judge Beck for Jack Allen Hibma, for Nicholas Alan Hibma, for Hibma Dairy, Inc C/R S Crump (old) (Entered: 04/02/2002) |
| 04/02/2002 | 20 | SUPERSEDING Information as to Jack Allen Hibma and Hibma Dair, Inc. (old) (Entered: 04/03/2002) |
| 04/03/2002 | 21 | MINUTES before Magistrate Judge Dennis L. Beck RE: Change of Plea & Sentencing guilty plea entered by Hibma Dairy, Inc (3) count(s) 1 , sentencing Hibma Dairy, Inc (3) count(s) 1. 12 months unsupervised probation on the Superseding Information, $125 penalty assessment, $17,500 fine with $10,000 stayed pending completion of probation and $7,500 paid today, $847.88 restitution to the Dept. of Fish and Game paid today c/o USAO , terminating party Hibma Dairy, Inc C/R ECRO (old) (Entered: 04/04/2002) |
| 04/03/2002 | 22 | MINUTES before Magistrate Judge Dennis L. Beck RE: Change of Plea & Sentencing guilty plea entered by Jack Allen Hibma (1) count(s) 1 , sentencing Jack Allen Hibma (1) count(s) 1. 12 months unsupervised probation as to the Superseding Information; $25 penalty assessment; $17,500 fine with $10,000 stayed pending completion of probation, $7,500 paid today , terminating party Jack Allen Hibma C/R ECRO (old) (Entered: 04/04/2002) |
| 04/04/2002 | LODGED motion and order for dismissal of indictment by plaintiff USA (old) (Entered: 04/04/2002) | |
| 04/05/2002 | 23 | ORDER by Senior Judge Robert E. Coyle indictment/information [1-1] DISMISSED counts as to Nicholas Alan Hibma (2) count(s) 1. DISMISSED , terminating party Nicholas Alan Hibma , terminating defendant Hibma Dairy, Inc defendant Nicholas Alan Hibma defendant Jack Allen Hibma CASE TERMINATED (cc: all counsel) (old) (Entered: 04/05/2002) |
| 04/08/2002 | 24 | ORDER by Senior Judge Robert E. Coyle ORDERING case reassigned to the docket of Magistrate Judge Beck for all future proceedings pursuant to consent to magistrate jurisdiction signed by the dft Jack Alan Hibma on 4/3/02 (cc: all counsel) (mm) (Entered: 04/09/2002) |
| 04/12/2002 | 25 | JUDGMENT and Commitment issued as to Jack Allen Hibma by Magistrate Judge Dennis L. Beck (rab) (Entered: 04/15/2002) |
| 04/15/2002 | 26 | JUDGMENT and Commitment issued as to Hibma Dairy, Inc by Magistrate Judge Dennis L. Beck (old) (Entered: 04/16/2002) |