United States District Court
District of Puerto Rico (San Juan)
CRIMINAL DOCKET FOR CASE #: 3:11-cr-00071-DRD-1


Case title: USA v. Horizon Lines, LLC

Date Filed: 02/24/2011
Date Terminated: 03/24/2011

Assigned to: Judge Daniel R. Dominguez

Defendant (1)
Horizon Lines, LLC
TERMINATED: 03/24/2011
represented byAmy B. Manning
McGuireWoods, LLP
77 West Wacker Drive
Suite 4100
Chicago, IL 60601
312 750-8904
Fax: 312 558-4386
Email: amanning@mcguirewoods.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

John M. Nannes
Skadden, Arps, Slate, Meagher & Flom LLP
1440 New York Avenue, N.W.
Washington, DC 20005
202 371-7500
Fax: 202 661-9191
Email: john.nannes@skadden.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Nereida Melendez-Rivera
Melendez Torres Law, PSC
255 Ponce de Leon Ave.
MCS Plaza, Suite 715
San Juan, PR 00917
787-281-8100
Fax: 787-281-8310
Email: nmelendez@melendeztorreslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Richard J. Rappaport
McGuire Woods LLP
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
312-750-8618
Fax: 312-920-3696
Email: rrappaport@mcguirewoods.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Tiffany Rider-Rohrbaugh
Skadden, Arps, Slate, Meagher & Flom, LLP
1440 New York Ave. NW
Washington, DC 20005
202-371-7329
Fax: 202-661-9139
Email: tiffany.rider@skadden.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
15:1 ANTITRUST VIOLATIONS
(1)
TERM OF PROBATION IMPOSED of Five (5) years, and fined in the amount of $45,000,000. The defendant shall pay the imposed fine during the probationary period. Fine payments shall be no less than: one million dollars ($1,000,000) during the first thirty (30) days of probation; one additional million dollars ($1,000,000) on or before the completion of the first year of probation; three million dollars ($3,000,000) during the second year of probation; five million dollars ($5,000,000) during the third year of probation; fifteen million dollars ($15,000,000) during the fourth year of probation; and a final payment of twenty million dollars ($20,000,000) prior to the expiration of the probationary term. Special Monetary Assessment of $400.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Interested Party
US Probation Office


Interested Party
US Pretrial Services


Plaintiff
USA represented byBrent Snyder
U.S. Department of Justice
Antitrust Division
National Criminal Enforcement Section
450 Fifth St., NW
Suite 11300
Washington, DC 20530
202-616-3186
Fax: 202-514-6525
Email: brent.snyder@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jessica Lefort
U.S. Department of Justice
Antitrust Division
National Criminal Enforcement Section
450 Fifth St., NW
Suite 11300
Washington, DC 20530
202-353-2259
Fax: 202-514-6525
Email: jessica.lefort@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael L. Whitlock
United States Department of Justice
Antitrust Division
National Criminal Enforcement Section
450 5th St. NW Suite 11300
Washington, DC 20530
202-307-0575
Fax: 202-514-6525
Email: michael.whitlock@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
02/24/20111WAIVER OF INDICTMENT by Horizon Lines, LLC (np) (Entered: 02/25/2011)
02/24/20112ASSISTANCE SECRETARY'S Certificate and Resolution by Horizon Lines, LLC. (np) (Additional attachment(s) added on 3/24/2011: # 1 Secretary's Certificate (filed in open court on 3/22/11) (np). (Entered: 02/25/2011)
02/24/20113INFORMATION as to Horizon Lines, LLC (1) count(s) 1. (np) (Entered: 02/25/2011)
02/24/20114Minute Entry for proceedings held before US Magistrate Judge Camille L. Velez-Rive:WAIVER OF INDICTMENT, filing of information as to Horizon Lines, LLC held on 2/24/2011. Waiver was approved and information was filed. (Court Reporter FTR.)(Court Interpreter n.)Hearing set for 11:25.Hearing held at 11:26.Hearing ended at 11:29. (np) (Entered: 02/25/2011)
02/28/20115NOTICE OF ATTORNEY APPEARANCE: Michael L. Whitlock appearing for USA. (Whitlock, Michael) (Entered: 02/28/2011)
02/28/20116Motion for Victim Rights in case as to Horizon Lines, LLC by USA as to Horizon Lines, LLC. (Whitlock, Michael) (Entered: 02/28/2011)
03/01/2011ORDER as to Horizon Lines, LLC: BY ORDER OF THE COURT, Arraignment and Plea hearing is set for March 15, 2011 at 2:00 p.m. Proceedings will be held in Old San Juan Courtroom before Judge Daniel R. Dominguez. Signed by the Clerk on 3/1/2011.(om) (Entered: 03/01/2011)
03/03/20118Motion to allow Tiffany Rider-Rohrbaugh to appear pro hac vice (Pro Hac fee $150 receipt number 100004395) (np) (Entered: 03/03/2011)
03/03/20119Motion to allow John M. Nannes to appear pro hac vice (Pro Hac fee $150 receipt number 10004394) (np) (Entered: 03/03/2011)
03/04/201110 Motion to allow Richard J. Rappaport to appear pro hac vice (Pro Hac fee $150 receipt number 0). (Attachments: # 1 Exhibit)(Melendez-Rivera, Nereida) (Entered: 03/04/2011)
03/04/201111 Motion to allow Amy B. Manning to appear pro hac vice (Pro Hac fee $150 receipt number 00). (Attachments: # 1 Exhibit)(Melendez-Rivera, Nereida) (Entered: 03/04/2011)
03/04/2011  Filing Fee Received $ 300.00, receipt number PRX100004442. (RE:PHV/Amy B. Manning and Richard J Rappaport). (jla) (Entered: 03/04/2011)
03/08/201112***FILED IN ERROR*** WRONG LOGIN/PASSWORD. SENTENCING MEMORANDUM by USA as to Horizon Lines, LLC (Whitlock, Michael) Modified on 3/9/2011 (np). (Entered: 03/08/2011)
03/08/201113***FILED IN ERROR*** WRONG LOGIN/PASSWORD MOTION to Expedite Sentencing by USA as to Horizon Lines, LLC. (Whitlock, Michael) Modified on 3/9/2011 (np). (Entered: 03/08/2011)
03/08/201114Corporate Disclosure Statement by Horizon Lines, LLC identifying Corporate Parent Horizon Lines, Inc. for Horizon Lines, LLC (Melendez-Rivera, Nereida) (Entered: 03/08/2011)
03/08/201115MEMORANDUM IN SUPPORT OF PLEA AGREEMENT by Horizon Lines, LLC (Melendez-Rivera, Nereida) (Entered: 03/08/2011)
03/09/201116SENTENCING MEMORANDUM by USA as to Horizon Lines, LLC (Whitlock, Michael) (Entered: 03/09/2011)
03/09/201117 MOTION to Expedite Sentencing by USA as to Horizon Lines, LLC. (Whitlock, Michael) (Entered: 03/09/2011)
03/09/201118 NOTICE of Disclosure Concerning Corporate Victims by USA (Whitlock, Michael) (Entered: 03/09/2011)
03/14/201119 ORDER granting 11 Motion to Appear PHV as to Horizon Lines, LLC (1). IT IS SO ORDERED. Signed by Judge Daniel R. Dominguez on 3/14/2011. (om) (Entered: 03/14/2011)
03/15/201120NOTICE OF ATTORNEY APPEARANCE: Brent Snyder appearing for USA. (np) (Entered: 03/15/2011)
03/15/201121NOTICE OF ATTORNEY APPEARANCE: Jessica Lefort appearing for USA. (np) (Entered: 03/15/2011)
03/15/201122PLEA AGREEMENT as to Horizon Lines, LLC (om) (Entered: 03/15/2011)
03/15/201123***SELECTED PARTIES***PLEA SUPPLEMENT as to Horizon Lines, LLC (om) (Entered: 03/15/2011)
03/15/201127Minute Entry for proceedings held before Judge Daniel R. Dominguez:Arraignment and Plea as to Horizon Lines, LLC (1) Count 1 held on 3/15/2011, Plea entered by Horizon Lines, LLC (1) Guilty Count 1. Sentence to be set. (Court Reporter Yvette Richardson.)Hearing set for 02:00.Hearing held at 02:15.Hearing ended at 04:37. (om) (Entered: 03/21/2011)
03/18/201124 MOTION for Hearing on Sentencing by Horizon Lines, LLC. (Attachments: # 1 Text of Proposed Order)(Melendez-Rivera, Nereida) (Entered: 03/18/2011)
03/18/201125 NOTICE of Supplemental Sentencing Memorandum by USA (Whitlock, Michael) (Entered: 03/18/2011)
03/18/201126 ORDER. Motion for scheduling of sentencing hearing, 24 is granted. Sentencing hearing is set for March 22, 2011 at 4:30 p.m. Parties are advised that proceedings will be held at the Old San Juan Courthouse, Courtroom located at the third floor. IT IS SO ORDERED. Signed by Judge Daniel R. Dominguez on 3/18/2011. (om) (Entered: 03/18/2011)
03/22/201128Minute Entry for proceedings held before Judge Daniel R. Dominguez:Sentencing held on 3/22/2011 for Horizon Lines, LLC (1), Count 1, TERM OF PROBATION IMPOSED of Five (5) years, and fined in the amount of $45,000,000. The defendant shall pay the imposed fine during the probationary period. Fine payments shall be no less than: one million dollars ($1,000,000) during the first thirty (30) days of probation; one additional million dollars ($1,000,000) on or before the completion of the first year of probation; three million dollars ($3,000,000) during the second year of probation; five million dollars ($5,000,000) during the third year of probation; fifteen million dollars ($15,000,000) during the fourth year of probation; and a final payment of twenty million dollars ($20,000,000) prior to the expiration of the probationary term. Special Monetary Assessment of $400.00. (Court Reporter Yvette Richardson.) USPO Victor Carlo. Hearing set for 04:30.Hearing held at 06:15.Hearing ended at 06:49. (om) (Entered: 03/24/2011)
03/22/201129JUDGMENT as to Horizon Lines, LLC (1), Count 1, TERM OF PROBATION IMPOSED of Five (5) years, and fined in the amount of $45,000,000. The defendant shall pay the imposed fine during the probationary period. Fine payments shall be no less than: one million dollars ($1,000,000) during the first thirty (30) days of probation; one additional million dollars ($1,000,000) on or before the completion of the first year of probation; three million dollars ($3,000,000) during the second year of probation; five million dollars ($5,000,000) during the third year of probation; fifteen million dollars ($15,000,000) during the fourth year of probation; and a final payment of twenty million dollars ($20,000,000) prior to the expiration of the probationary term. Special Monetary Assessment of $400.00. Signed by Judge Daniel R. Dominguez on 3/24/2011.(om) (Entered: 03/24/2011)
03/24/201130ORDER granting 6 Motion for Victim Rights as to Horizon Lines, LLC (1). Signed by Judge Daniel R. Dominguez on 3/24/2011. (om) (Entered: 03/24/2011)
03/28/201131 ORDER as to Horizon Lines, LLC. Parties in this case have agreed that the Judgment issued at Docket Entry no. 29 be amended in order to eliminate Standard Condition of Supervision No. 7. Hence, amended judgment will be issued eliminating Standard Condition No. 7. IT IS SO ORDERED. Signed by Judge Daniel R. Dominguez on 3/28/2011.(om) (Entered: 03/28/2011)
03/28/201132AMENDED JUDGMENT as to Horizon Lines, LLC (1), Count 1, TERM OF PROBATION IMPOSED of Five (5) years, and fined in the amount of $45,000,000. The defendant shall pay the imposed fine during the probationary period. Fine payments shall be no less than: one million dollars ($1,000,000) during the first thirty (30) days of probation; one additional million dollars ($1,000,000) on or before the completion of the first year of probation; three million dollars ($3,000,000) during the second year of probation; five million dollars ($5,000,000) during the third year of probation; fifteen million dollars ($15,000,000) during the fourth year of probation; and a final payment of twenty million dollars ($20,000,000) prior to the expiration of the probationary term. Special Monetary Assessment of $400.00. Standard Condition of Supervision No. 7 eliminated. Signed by Judge Daniel R. Dominguez on 3/28/2011.(om) (Entered: 03/28/2011)