USA v. The Home City Ice Company

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 by	Michael 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 by	David 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 by	Daniel 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 by	Kevin 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
07/16/2007	3	MOTION to Seal Case by USA as to SEARCH WARRANT. (jl1, ) [1:07-mj-00181 SEALED] (Entered: 07/16/2007)
07/16/2007	4	ORDER 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)
07/18/2007	5	Search 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)
11/05/2007	7	INFORMATION as to The Home City Ice Company (1) count(s) 1. (art, ) (Entered: 11/05/2007)
11/05/2007	8	MOTION to Seal Case by USA as to The Home City Ice Company. (art, ) (Entered: 11/05/2007)
11/05/2007	9	ORDER 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)
06/17/2008	11	MOTION to Unseal Case by USA as to The Home City Ice Company. (do, ) (Entered: 06/17/2008)
06/17/2008	12	ORDER 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)
06/17/2008	13	Minute 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)
06/17/2008	14	WAIVER OF INDICTMENT by The Home City Ice Company (do, ) (Entered: 06/17/2008)
06/17/2008	15	ELEMENTS OF THE OFFENSE as to The Home City Ice Company (do, ) (Entered: 06/17/2008)
06/17/2008	16	PLEA AGREEMENT as to The Home City Ice Company (do, ) (Entered: 06/17/2008)
06/17/2008	18	ORDER : 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)
06/25/2008	19	TRANSCRIPT 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)
07/21/2008	20	ORDER: 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)
08/22/2008	21	ORDER 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)
10/17/2008	22	Notice of PSI Transmittal to Judicial Officer as to The Home City Ice Company. USPO Laura S. Jensen. (scot1, ) (Entered: 10/17/2008)
11/18/2008	23	MOTION Motion to Continue Sentencing by USA as to The Home City Ice Company. (Culum, Kevin) (Entered: 11/18/2008)
11/19/2008	24	ORDER 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)
02/03/2009	25	MOTION for Victim Rights by USA as to The Home City Ice Company. (Culum, Kevin) (Entered: 02/03/2009)
03/19/2009	26	ORDER 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)
04/07/2009	27	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)
04/10/2009	28	ORDER 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)
09/11/2009	29	ORDER: 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)
10/09/2009	30	ORDER: 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)
11/16/2009	31	ORDER: 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)
01/14/2010	32	NOTICE 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)
02/17/2010	33	* 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)
02/17/2010	34	MOTION for Downward Departure by USA as to The Home City Ice Company. (Culum, Kevin) (Entered: 02/17/2010)
02/25/2010	35	NOTICE of APPEARANCE of Daniel L. Low as Counsel for Victims/Movants Martin McNulty and Gary Mowery. (mtw1) (Entered: 02/25/2010)
02/25/2010	36	MOTION 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)
02/26/2010	37	SENTENCING MEMORANDUM by The Home City Ice Company (Kohnen, Ralph) (Entered: 02/26/2010)
02/26/2010	39	NOTICE Yunker Letter, Exhibit A to Sentencing Memorandum re 37 Sentencing Memorandum by The Home City Ice Company (Kohnen, Ralph) (Entered: 02/26/2010)
03/01/2010	40	RESPONSE in Opposition by The Home City Ice Company re 1 Exhibit) (Kohnen, Ralph) (Entered: 03/01/2010)
03/02/2010	41	Minute 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)
03/03/2010	42	JUDGMENT 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)
03/15/2010	44	ORDER / 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)