Southern District of Ohio (Cincinnati)
CRIMINAL DOCKET FOR CASE #: 1:07-cr-00140-HJW All Defendants

Case title: USA v. The Home City Ice Company

Date Filed: 11/05/2007
Date Terminated: 03/04/2010

Assigned to: Judge Herman J. Weber

Defendant (1)
The Home City Ice Company
TERMINATED: 03/04/2010
represented byMichael A Roberts
Graydon Head & Ritchey
1900 Fifth Third Center
511 Walnut St
P O Box 6464
Cincinnati, OH 45201
513-629-2799
Fax: 614-651-3836
Email: mroberts@graydon.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Ralph William Kohnen
Taft, Stettinius and Hollister
425 Walnut Street
Suite 1800
Cincinnati, OH 45202
513/381-2838
Fax: 513/381-0205
Email: kohnen@taftlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
15 USC 1 ANTITRUST VIOLATIONS
(1)
The defendant is hereby SENTENCED to 5 years Probation as to Count 1 of the Information. Ordered that the defendant shall pay to the United States a SPECIAL ASSESSMENT of $400.00 (has been paid). Fine in the amount of nine (9) million imposed. Payment schedule to be submitted by USPO and will be entered by the Court. Defendant advised of Right to Appeal. Judgment Order to issue.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Movant
David F Axelrod represented byDavid Freeman Axelrod
Axelrod LLC
137 East State Street
Columbus, OH 43215
614-545-6306
Fax: 614-222-2033
Email: david@axelrodohio.com
ATTORNEY TO BE NOTICED


Movant
Daniel L. Low represented byDaniel Low
Kotchen & Low LLP
2300 M. Street NW, Suite 800
Washington, DC 20037
(202) 841-7164
Fax: (202) 280-1128
Email: dlow@kotchen.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Plaintiff
USA represented byKevin C. Culum
U.S. Department of Justice
801 E. Superior Avenue
14th Floor
Carl B. Stokes U.S. Courthouse
Cleveland, OH 44113-1857
216-687-8415
Email: kevin.culum@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
07/16/20073 MOTION to Seal Case by USA as to SEARCH WARRANT. (jl1, ) [1:07-mj-00181 *SEALED*] (Entered: 07/16/2007)
07/16/20074ORDER granting 3 Motion to Seal Case as to SEARCH WARRANT (1). Signed by Judge Timothy S. Black on 7/16/07. (jl1, ) [1:07-mj-00181 *SEALED*] (Entered: 07/16/2007)
07/18/20075Search Warrant Returned Executed on 7/17/2007 in case as to SEARCH WARRANT. (art, ) [1:07-mj-00181 *SEALED*] (Entered: 07/18/2007)
11/05/2007  Judge update in case as to The Home City Ice Company. Judge Herman J. Weber added. (art, ) (Entered: 11/05/2007)
11/05/20077INFORMATION as to The Home City Ice Company (1) count(s) 1. (art, ) (Entered: 11/05/2007)
11/05/20078 MOTION to Seal Case by USA as to The Home City Ice Company. (art, ) (Entered: 11/05/2007)
11/05/20079ORDER granting USA's 8 Motion to Seal Case as to The Home City Ice Company (1). Signed by Magistrate Judge Timothy S Hogan on 11/5/2007. (art, ) (Entered: 11/05/2007)
06/17/200811 MOTION to Unseal Case by USA as to The Home City Ice Company. (do, ) (Entered: 06/17/2008)
06/17/200812ORDER granting 11 Motion to Unseal Case as to The Home City Ice Company (1). Signed by Judge Herman J. Weber on 6/17/08. (do, ) (Entered: 06/17/2008)
06/17/200813Minute Entry for proceedings held before Judge Herman J. Weber:Arraignment as to The Home City Ice Company (1) Count 1 held on 6/17/2008.Case called before J. Weber for Arraignment & Formal Plea on Count One of the Information. Corporate Representative for the Defendant present with counsel. Motion to Unseal the Information is Granted. Criminal Information is Ordered unsealed and filed of record. WAIVER OF INDICTMENT executed in open Court by Representative for the Corporation. Representative sworn. One-Count Information read in its entirety. Statement of Facts and Written Plea Agreement read into the record. PLEA: GUILTY TO COUNT ONE OF THE INFORMATION.PLEA OF GUILTY ACCEPTED BY THE COURT.Case referred to probation for p.s.i.Sentencing set for TUESDAY, SEPTEMBER16, 2008 at 10:00 AM (Court Reporter L. Lavin (Official).) (do, ) (Entered: 06/17/2008)
06/17/200814WAIVER OF INDICTMENT by The Home City Ice Company (do, ) (Entered: 06/17/2008)
06/17/200815ELEMENTS OF THE OFFENSE as to The Home City Ice Company (do, ) (Entered: 06/17/2008)
06/17/200816PLEA AGREEMENT as to The Home City Ice Company (do, ) (Entered: 06/17/2008)
06/17/200818ORDER : Parties are advised that the above styled case is SCHEDULED for a Sentencing Hearing on Tuesday, September 16, 2008 at 10:00 a.m.as to The Home City Ice Company. Signed by Judge Herman J. Weber on 6/17/08. (do, ) (Entered: 06/17/2008)
06/25/200819TRANSCRIPT of Arraignment and Plea Proceedings as to The Home City Ice Company held on 6/17/08 before Judge Herman J. Weber. Court Reporter/Transcriber: L. Lavin (Official), Telephone number 513/564-7675. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 7/16/2008. Redacted Transcript Deadline set for 7/28/2008. Release of Transcript Restriction set for 9/23/2008. (do, ) (Entered: 06/25/2008)

07/21/200820ORDER: Initial PSI Report and Final PSI Report extended to 8/22/08 and 9/29/08 respectively as to The Home City Ice Company. Signed by Judge Herman J. Weber on 7/21/08. (do1, ) (Entered: 07/21/2008)
08/22/200821ORDER extending PSI deadlines and rescheduling the Sentencing Hearing to 1/6/09 at 10AM as to The Home City Ice Company. Signed by Judge Herman J. Weber on 8/21/08. (do, ) (Entered: 08/22/2008)
10/17/200822Notice of PSI Transmittal to Judicial Officer as to The Home City Ice Company. USPO Laura S. Jensen. (scot1, ) (Entered: 10/17/2008)
11/18/200823 MOTION Motion to Continue Sentencing by USA as to The Home City Ice Company. (Culum, Kevin) (Entered: 11/18/2008)
11/19/200824ORDER granting 23 Motion as to The Home City Ice Company (1). Sentencing reset to 6/1/09 at 10:00 a.m. Signed by Judge Herman J. Weber on 11/19/08. (do, ) (Entered: 11/19/2008)
02/03/200925 MOTION for Victim Rights by USA as to The Home City Ice Company. (Culum, Kevin) (Entered: 02/03/2009)
03/19/200926ORDER granting 25 Motion to Extablish Procedure for Victim Notification as to The Home City Ice Company (1). Signed by Judge Herman J. Weber on 3/19/09. (do, ) (Entered: 03/19/2009)
04/07/200927 MOTION to Continue Sentencing by USA as to The Home City Ice Company. (Attachments: # 1 Text of Proposed Order) (Culum, Kevin) (Entered: 04/07/2009)
04/10/200928ORDER granting 27 Motion to Continue Sentencing as to The Home City Ice Company (1). Sentencing reset to Thursday, October 1, 2009 at 10AM. Signed by Judge Herman J. Weber on 4/10/09. (do, ) (Entered: 04/10/2009)
09/11/200929ORDER: Pursuant to the joint telephonic request of counsel, the Hearing currently scheduled for October 1, 2009 is RESCHEDULED to Thursday, November 5, 2009 at 10:00 a.m. as to The Home City Ice Company. Signed by Judge Herman J. Weber on 9/11/09. (do1, ) (Entered: 09/11/2009)
10/09/200930ORDER: Pursuant to the joint telephonic request of counsel, the Sentencing Hearing currently scheduled for November 6, 2009 is RESCHEDULED to Thursday, December 17 2009 at 2:00 p.m. Signed by Judge Herman J. Weber on 10/9/09. (do1) (Entered: 10/09/2009)
11/16/200931ORDER: Sentencing Hearing rescheduled to 3/2/2010 at 10:00 a.m. as to The Home City Ice Company. Signed by Judge Herman J. Weber on 11/16/09. (do) (Entered: 11/16/2009)
01/14/201032NOTICE Of Appearance by David F. Axelrod by Crime Victims(Axelrod, David) Modified to clarify docket text on 1/15/2010 (sct1). (Entered: 01/14/2010)
02/17/201033 *** Former DN 33 *** MOTION for Downward Departure by USA as to The Home City Ice Company. (Culum, Kevin) Modified to remove PDF on 2/17/2010 (mr1). (Entered: 02/17/2010)
02/17/2010  Notice of Correction as to The Home City Ice Company re: former dn 33 MOTION for Downward Departure. PDF removed. Counsel called Clerk's office to request that the document be removed. Counsel to re-file. (mr1) (Entered: 02/17/2010)
02/17/201034 MOTION for Downward Departure by USA as to The Home City Ice Company. (Culum, Kevin) (Entered: 02/17/2010)
02/25/201035NOTICE of APPEARANCE of Daniel L. Low as Counsel for Victims/Movants Martin McNulty and Gary Mowery. (mtw1) (Entered: 02/25/2010)
02/25/201036MOTION to be Recognized as "Victims" and MOTION for Restitution of Movants McNulty and Mowery Pursuant to the CVRA, 18 U.S.C. Section 3771(D)(3) by Daniel L. Low. (mtw1) (Entered: 02/25/2010)
02/26/201037SENTENCING MEMORANDUM by The Home City Ice Company (Kohnen, Ralph) (Entered: 02/26/2010)
02/26/201039NOTICE Yunker Letter, Exhibit A to Sentencing Memorandum re 37 Sentencing Memorandum by The Home City Ice Company (Kohnen, Ralph) (Entered: 02/26/2010)
03/01/201040RESPONSE in Opposition by The Home City Ice Company re 1 Exhibit) (Kohnen, Ralph) (Entered: 03/01/2010)
03/02/201041Minute Entry for Sentencing Hearing proceedings held before Judge Herman J. Weber:Sentencing held on 3/2/2010 for The Home City Ice Company (1), Count(s) 1, The defendant is hereby SENTENCED to 5 years Probation as to Count 1 of the Information. Ordered that the defendant shall pay to the United States a SPECIAL ASSESSMENT of $400.00 (has been paid). Fine in the amount of nine (9) million imposed. Payment schedule to be submitted by USPO and will be entered by the Court. Defendant advised of Right to Appeal. Judgment Order to issue.. (Court Reporter J. Perkins (Official).) (Attachments: # 1 appr.sheet) (do1) (Entered: 03/03/2010)
03/03/201042JUDGMENT ORDER as to The Home City Ice Company (1). Signed by Judge Herman J. Weber on 3/3/10. (do1) Modified to correct filing date on 3/5/2010 (sct1). (Entered: 03/04/2010)
03/15/201044ORDER / PAYMENT SCHEDULE for Court-Ordered Monetary Penalties as to The Home City Ice Company. Signed by Judge Herman J. Weber on 3/15/10. (Copy emailed to J. McCown - COL. this date) (do1) (Entered: 03/15/2010)