CLOSED

U.S. District Court
Eastern District of California - Live System (Fresno)
CRIMINAL DOCKET FOR CASE #: 1:01-cr-05328-DLB All Defendants


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 byWilliam 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 byWilliam 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 byWilliam 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 byCarl 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
09/20/2001INDICTMENT 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)
10/17/2001MINUTES 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)
10/17/2001MINUTES 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)
10/17/2001MINUTES 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)
11/05/2001MINUTES 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)
12/10/2001MINUTES 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)
01/14/2002MINUTES 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)
02/04/2002MINUTES 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)
02/05/2002ORDER 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)
02/27/200210 ATTORNEY APPEARANCE for dfts Jack Allen Hibma, Nicholas Alan Hibma, Hibma Dairy, Inc by attorney Bart Barringer (jv) (Entered: 02/28/2002)
03/01/200211 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)
03/01/200212 DECLARATION of Nicholas Alan Hibma in support of [11-1] Memorandum (wh) (Entered: 03/04/2002)
03/01/200213 DECLARATION of Hibma Dairy Inc. in support of [11-1] Memorandum (wh) (Entered: 03/04/2002)
03/01/200214 DECLARATION of Jack Allen Hibma in support of [11-1] Memorandum (wh) (Entered: 03/04/2002)
03/11/200215 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)
04/01/200216 MEMORANDUM OF PLEA Agreement as to Jack Allen Hibma, Nicholas Alan Hibma, Hibma Dairy, Inc (old) (Entered: 04/02/2002)
04/01/200217 MEMORANDUM OF PLEA Agreement as to Hibma Dairy, Inc (old) (Entered: 04/02/2002)
04/01/200218 WAIVER of indictment by defendant Jack Allen Hibma (old) (Entered: 04/02/2002)
04/01/200219 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)
04/02/200220 SUPERSEDING Information as to Jack Allen Hibma and Hibma Dair, Inc. (old) (Entered: 04/03/2002)
04/03/200221 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)
04/03/200222 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)
04/05/200223 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)
04/08/200224 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)
04/12/200225 JUDGMENT and Commitment issued as to Jack Allen Hibma by Magistrate Judge Dennis L. Beck (rab) (Entered: 04/15/2002)
04/15/200226 JUDGMENT and Commitment issued as to Hibma Dairy, Inc by Magistrate Judge Dennis L. Beck (old) (Entered: 04/16/2002)