CLOSED


UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CRIMINAL DOCKET FOR CASE #: 2:09-cr-01287-GW All Defendants


Case title: USA v. HOTELSAB DOWNTOWN EMPLOYEES LLC
Magistrate judge case number: 2:09-mj-00180-DUTY

Date Filed: 12/11/2009
Date Terminated: 04/12/2010

Assigned to: Judge George H Wu

Defendant (1)
Hotelsab Downtown Employees LLC
TERMINATED: 04/12/2010
also known as
Standard Hotels
TERMINATED: 04/12/2010
represented byJack P DiCanio
Skadden Arps Slate Meagher and Flom LLP
300 South Grand Avenue Suite 3400
Los Angeles, CA 90071-3144
213-687-5000
Fax: 213-687-5600
Email: jdicanio@skadden.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1311(a), 1319(c)(1)(A): NEGLIGENT DISCHARGE OF POLLUTANTS INTO WATERS OF THE UNITED STATES
(1)
Defendant shall pay a fine of $200,000. Defendant shall pay $150,000 for use in community service to be paid within twelve months. Defendant shall pay restitution in the total amount of $20,283.56.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
Defendant in violation of: 42:6928(d)(2)(A)


Plaintiff
USA represented byJoseph O Johns
AUSA - Office of US Attorney
312 North Spring Street 12th Floor
Los Angeles, CA 90012-4700
213-894-2434
Fax: 213-894-4300
Email: USACAC.Criminal@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mark A Williams
AUSA - Office of US Attorney
312 North Spring Street 12th Floor
Los Angeles, CA 90012
213-894-3359
Fax: 213-894-0141
Email: mark.a.williams@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
01/29/2009COMPLAINT filed as to Defendant HOTELSAB LLC in violation of 42:6928(d)(2)(A). Approved by Magistrate Judge Suzanne H. Segal as to HOTELSAB LLC (1). (sj, ) [2:09-mj-00180-DUTY] (Entered: 02/02/2009)
02/05/2009 STIPULATION to Continue Initial Appearance from February 9, 2009 to March 16, 2009 filed by Defendant HOTELSAB LLC (Attachments: # 1 Proposed Order)(Umhofer, Matthew) [2:09-mj-00180-DUTY] (Entered: 02/05/2009)
02/06/2009ORDER by Magistrate Judge Jennifer T. Lum as to Defendant HOTELSAB LLC, GRANTING Stipulation to Continue Initial Appearance 2 . (ja) [2:09-mj-00180-DUTY] (Entered: 02/09/2009)
03/04/2009 STIPULATION to Continue Initial Appearance from March 16, 2009 to April 6, 2009 filed by Defendant HOTELSAB LLC (Attachments: # 1 Proposed Order)(Umhofer, Matthew) [2:09-mj-00180-DUTY] (Entered: 03/04/2009)
03/04/2009ORDER by Magistrate Judge Carla Woehrle as to Defendant HOTELSAB LLC, GRANTING Stipulation to Continue 4 ., ( Initial Appearance set for 4/6/2009 ) (ja) [2:09-mj-00180-DUTY] (Entered: 03/05/2009)
04/03/2009NOTICE of Notice of Change of Attorney Information filed by Defendant HOTELSAB LLC (Umhofer, Matthew) [2:09-mj-00180-DUTY] (Entered: 04/03/2009)
04/06/2009MINUTES OF INITIAL APPEARANCE ON LOCAL COMPLAINT held before Magistrate Judge Frederick F. Mumm as to Defendant Hotels AB LLC. Defendant arraigned and advised of the charges. Defendant states true name Hotels AB, LLC.Attorney: Jack P DiCanio for Hotels AB LLC, Retained, present. Preliminary Hearing set for 4/27/2009 04:30 PM before Duty Magistrate Judge. Post-Indictment Arraignment set for 5/4/2009 08:30 AM before Duty Magistrate Judge. Court Smart: cs 4/6/2009. (sj, ) [2:09-mj-00180-DUTY] (Entered: 04/08/2009)
04/06/2009NOTICE DIRECTING DEFENDANT TO APPEAR for Preliminary Hearing and Arraignment on Indictment/Information. Defendant Hotels AB LLC is directed to appear for Preliminary Hearing on 4/27/2009 at 4:30PM and for Post Indictment Arraignment on 5/4/2009 at 8:30AM before the Duty Magistrate Judge. (sj, ) [2:09-mj-00180-DUTY] (Entered: 04/08/2009)
04/21/2009WAIVER of Preliminary Examination or Hearing by Defendant Hotels AB LLC (Williams, Mark) [2:09-mj-00180-DUTY] (Entered: 04/21/2009)
04/24/200910  STIPULATION to Continue Post Indictment Arraignment from May 4, 2009, to June 15, 2009, and Findings of Excludable Time Periods Pursuant to Speedy Trial Act filed by Plaintiff USA as to Defendant Hotels AB LLC (Attachments: # 1 Proposed Order)(Williams, Mark) [2:09-mj-00180-DUTY] (Entered: 04/24/2009)
04/24/200911 ORDER by Magistrate Judge Suzanne H. Segal as to Defendant Hotels AB LLC, re Stipulation to Continue Post Indictment Hearing to June 15,2009 at 8:30AM, 10 . (sj) [2:09-mj-00180-DUTY] (Entered: 04/29/2009)
06/05/200912  STIPULATION to Continue Post Indictment Arraignment from June 15, 2009 to July 20, 2009 and Findings of Excludable Time Periods Under Speedy Trial Act filed by Plaintiff USA as to Defendant Hotels AB LLC (Attachments: # 1 Proposed Order)(Williams, Mark) [2:09-mj-00180-DUTY] (Entered: 06/05/2009)
06/05/200913 ORDER CONTINUING POST INDICTMENT ARRAIGNMENT AND FINDINGS OF EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRAIL ACT; by Magistrate Judge Patrick J. Walsh as to Defendant Hotels AB LLC, (sj) [2:09-mj-00180-DUTY] (Entered: 06/08/2009)
07/10/200914  STIPULATION to Continue Post Indictment Arraignment from July 20, 2009 to September 21, 2009 and Findings of Excludable Time Periods Pursuant to Speedy Trial Act filed by Plaintiff USA as to Defendant Hotels AB LLC (Attachments: # 1 Proposed Order)(Williams, Mark) [2:09-mj-00180-DUTY] (Entered: 07/10/2009)
07/10/200915 ORDER by Magistrate Judge Suzanne H. Segal as to Defendant Hotels AB LLC, re Stipulation to Continue, 14 . (mhe) [2:09-mj-00180-DUTY] (Entered: 07/13/2009)
09/11/200916  STIPULATION to Continue Post-Indictment Arraignment from September 21, 2009 to October 19, 2009 Stipulation Regarding Request for (1) Continuance of Post Indictment Arraignment and (2) Findings of Excludable Time Periods Pursuant to Speedy Trial Act filed by Defendant Hotels AB LLC (Attachments: # 1 Proposed Order [Proposed] Order Continuing Post Indictment Arraignment and Findings of Excludable Time Periods Pursuant to Speedy Trial Act)(Umhofer, Matthew) [2:09-mj-00180-DUTY] (Entered: 09/11/2009)
09/11/200917 ORDER by Magistrate Judge Charles F. Eick as to Defendant Hotels AB LLC, GRANTING Stipulation to Continue PIA, 16 ., ( Post-Indictment Arraignment set for 10/19/2009 08:30 AM before Duty Magistrate Judge.) (mhe) [2:09-mj-00180-DUTY] (Entered: 09/16/2009)
10/13/200918  STIPULATION to Continue Post Indictment Arraignment And (2) Findings Of Excludable Time Periods Pursuant To Speedy Trial Act from October 19, 2009 to November 9, 2009 filed by Defendant Hotels AB LLC (Attachments: # 1 Proposed Order Continuing Post Indictment Arraignment And Findings Of Excludable Time Periods Pursuant To Speedy Trial Act)(DiCanio, Jack) [2:09-mj-00180-DUTY] (Entered: 10/13/2009)
10/14/200919 ORDER by Magistrate Judge Carla Woehrle as to Defendant Hotels AB LLC, re Stipulation to Continue, 18 . The post indictment arraignment in this matter is continued from October 19, 2009 to November 9, 2009 at 8:30 a.m. The time period of October 19, 2009 to November 9, 2009, inclusive, is excluded in computing the time within which the indictment or information must be filed pursuant to 18 USC 3161(h)(7)(A), (h)(7)(B)(i), (h)(7)(B)(ii), and (h)(7)(B)(iv) (cbr) [2:09-mj-00180-DUTY] (Entered: 10/14/2009)
11/05/200920  STIPULATION to Continue 1) Post Indictment Arraignment and 2) Findings of Excludable Time Periods Pursuant to Speedy Trial Act from November 9, 2009 to November 23, 2009 Re: Order on Stipulation, Util - Set Hearings,, 19 filed by Defendant Hotels AB LLC (Attachments: # 1 Proposed Order Continuing Post Indictment Arraignment and Findings of Excludable Time Periods Pursuant to Speedy Trial Act)(DiCanio, Jack) [2:09-mj-00180-DUTY] (Entered: 11/05/2009)
11/05/200921 ORDER by Magistrate Judge John E. McDermott as to Defendant Hotels AB LLC, GRANTING Stipulation to Continue, 20 ( Post-Indictment Arraignment set for 11/23/2009 08:30 AM before Duty Magistrate Judge.) (mhe) [2:09-mj-00180-DUTY] (Entered: 11/09/2009)
11/19/200922  STIPULATION to Continue 1) Post Indictment Arraignment and 2) Findings of Excludable Time Periods Pursuant to Speedy Trial Act from November 23, 2009 to December 14, 2009 filed by Defendant Hotels AB LLC (Attachments: # 1 Proposed Order Continuing Post Indictment Arraignment and Findings of Excludable Time Periods Pursuant to Speedy Trial Act)(DiCanio, Jack) [2:09-mj-00180-DUTY] (Entered: 11/19/2009)
11/19/200923 ORDER by Magistrate Judge Victor B. Kenton as to Defendant Hotels AB LLC, re Stipulation to Continue Post Indictment Arraignment and Findings of excludable Time Periods Pursuant to Speedy Trial Act, 22 ., ( Post-Indictment Arraignment set for 12/14/2009 08:30 AM before Duty Magistrate Judge.) (ja) [2:09-mj-00180-DUTY] (Entered: 11/24/2009)
12/09/200924  STIPULATION to Continue (1) Continuance of Post Indictment Arraignment and (2) Findings of Excludable Time Periods Pursuant to Speedy Trial Act from 12-14-2009 to 01-18-2010 Re: Order on Stipulation, Util - Set Hearings,, 23 filed by Defendant Hotels AB LLC (Attachments: # 1 Proposed Order Continuing Post Indictment Arraignment and Findings of Excludable Time Periods Pursuant to Speedy Trial Act)(DiCanio, Jack) [2:09-mj-00180-DUTY] (Entered: 12/09/2009)
12/09/200925 ORDER by Magistrate Judge Victor B. Kenton as to Defendant Hotels AB LLC, DENYING Stipulation to Continue Post Indictment Arraignment and Findings of Excludable Time Periods Pursuant to Speedy Trial Act 24 . (ja) [2:09-mj-00180-DUTY] (Entered: 12/10/2009)
12/11/200926  INFORMATION filed as to Hotels AB LLC (1) count(s) 1. (sj) (Entered: 12/11/2009)
12/11/200927 CASE SUMMARY filed by AUSA Joseph Johns as to Defendant Hotels AB LLC (sj) (Entered: 12/11/2009)
12/11/200928 MEMORANDUM filed by Plaintiff USA as to Defendant Hotels AB LLC. Re: Magistrate Judge Jacqueline Chooljian and Patrick J. Walsh (sj) (Entered: 12/11/2009)
12/14/200929 STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Hotels AB LLC (tba) (Entered: 12/15/2009)
12/14/200931 MINUTES OF POST-INDICTMENT ARRAIGNMENT: held before Magistrate Judge Alicia G. Rosenberg as to Hotels AB LLC (1) Count 1. Defendant arraigned, states true name: as charged. Defendant entered not guilty plea to all counts as charged. Attorney: Jack P. Di Canio, special appearance by Matthew D. Umhofer, retained present. Case assigned to Judge George H. King. Jury Trial set for 1/19/2010 08:00 AM before Judge George H Wu. Status Conference set for 12/21/2009 08:00 AM before Judge George H Wu. Court Smart: CS12/14/2009. (tba) (Entered: 12/17/2009)
12/16/200930 IN CHAMBERS ORDER by Judge George H Wu as to Defendant Hotels AB LLC: Counsel are hereby notified, that on the Courts own motion, the time to appear at the Status Conference, presently set for December 21, 2009 has changed from 8:00 to 11:00 a.m. (ake) (Entered: 12/16/2009)
12/21/200932 MINUTES OF Status Conference held before Judge George H. Wu as to Defendant Hotels AB LLC. The Jury Trial set for 1/19/2010 is CONTINUED to 3/2/2010 at 08:30 AM before Judge George H. Wu. A Pretrial Conference is set for 2/18/2010 at 08:00 AM before Judge George H. Wu. A stipulation and proposed order as to excludable time and dates will be filed forthwith. Court Reporter: Wil Wilcox. (rj) (Entered: 12/22/2009)
12/23/200933 NOTICE OF LODGING filed by Plaintiff USA as to Defendant Hotels AB LLC (Attachments: # 1 Proposed Order Continuing Trial Date)(Williams, Mark) (Entered: 12/23/2009)
12/23/200934 NOTICE OF APPEARANCE OR REASSIGNMENT of AUSA Mark A Williams on behalf of Plaintiff USA. Filed by Plaintiff USA. (Williams, Mark) (Entered: 12/23/2009)
12/24/200935 ORDER TO CONTINUE Trial by Judge George H. Wu as to Defendant Hotels AB LLC. The Jury Trial is set for 3/2/2010 at 08:30 AM before Judge George H. Wu. A Status Conference is set for 2/18/2010 at 08:00 AM before Judge George H. Wu. The time period of 1/19/2010 to 3/2/2010, inclusive, is excluded in computing the time within which the trial must commence, pursuant to 18 U.S.C. 3161(h)(7)(A), (h)(7)(B)(i), and (h)(7)(B)(iv). Nothing in this order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excluded from the period within which trial must commence. Moreover, the same provisions and/or other provisions of the Speedy Trial Act may in the future authorize the exclusion of additional time periods from the period within which trial must commence. (rj) (Entered: 12/29/2009)
02/22/201036  STIPULATION to Continue Trial And Findings of Excludable Time Periods from March 2 2010 to April 6 2010 filed by Defendant Hotelsab Downtown Employees LLC (Attachments: # 1 Proposed Order CONTINUING TRIAL AND FINDINGS OF EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT)(DiCanio, Jack) (Entered: 02/22/2010)
02/22/201037 NOTICE of Errata filed by Defendant Hotelsab Downtown Employees LLC RE: Stipulation to Continue, 36 . (Attachments: # 1 Docket item 36)(DiCanio, Jack) (Entered: 02/22/2010)
02/22/201038 Corrected STIPULATION to Continue (1) TRIAL AND (2) FINDINGS OF EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT from March 2, 2010 to April 6 2010 filed by Defendant Hotelsab Downtown Employees LLC (Attachments: # 1 Proposed Order REGARDING REQUEST FOR (1) CONTINUANCE OF TRIAL AND (2) FINDINGS OF EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT)(DiCanio, Jack) (Entered: 02/22/2010)
02/23/201039 ORDER CONTINUING TRIALAND FINDINGS OF EXCLUDABLETIME PERIODS PURSUANT TOSPEEDY TRIAL ACT by Judge George H Wu as to Defendant Hotelsab Downtown Employees LLC. 1. The trial in this matter is continued from March 2, 2010 to April 6, 2010at 8:30 a.m. The pretrial conference is continued from February 18, 2010 to March 29, 2010 at 8:00 a.m. 2. The time period of time from March 2, 2010 to April 6, 2010, inclusive,is excluded in computing the time within which the indictment or information mustbe filed pursuant to 18 U.S.C. ยงยง 3161(h)(7)(A), (h)(7)(B)(i), (h)(7)(B)(ii), and(h)(7)(B)(iv). (pj) (Entered: 02/25/2010)
03/23/201040 PLEA AGREEMENT filed by Plaintiff USA as to Defendant Hotelsab Downtown Employees LLC (Williams, Mark) (Entered: 03/23/2010)
03/24/201041 MINUTES OF IN CHAMBERS ORDER by Judge George H Wu: Counsel are hereby notified, that on the Courts own motion, the time to appear at the Change of Plea hearing, presently set for March 29, 2010, has changed from 8:00 to 10:30 a.m. as to Defendant Hotelsab Downtown Employees LLC, (jag) (Entered: 03/24/2010)
03/24/201042 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plea Agreement 40 . The following error(s) was found: Case number is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (jp) (Entered: 03/25/2010)
03/24/201043 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Courtroom Deputy Clerk for Judge George H Wu: In accordance with the Notice to Filer Of Deficiencies In Electronically Filed Documents REGARDING: Plea Agreement 40 . The docuemnt is ACCEPTED as filed. (jp) (Entered: 03/25/2010)
03/29/201044 MINUTES OF Status Conference held before Judge George H Wu as to Defendant Hotelsab Downtown Employees LLC. For reasons stated on the record, the Change of Plea hearing is continued to April 5, 2010 at 8:00 a.m. Court Reporter: Gary George. (cbr) (Entered: 03/31/2010)
04/05/201045 MINUTES OF Change of Plea Hearing held before Judge George H Wu as to Defendant Hotelsab Downtown Employees LLC. Defendant sworn. Court questions defendant regarding the plea. The Defendant Hotelsab Downtown Employees LLC (1) pleads GUILTY to Count 1. The plea is accepted. Court Reporter: Margaret Babykin. (cbr) (Entered: 04/14/2010)
04/05/201046 MINUTES OF SENTENCING Hearing held before Judge George H Wu as to Defendant Hotelsab Downtown Employees LLC. Defendant Hotelsab Downtown Employees LLC (1), Count(s) 1, Defendant shall pay a fine of $200,000. Defendant shall pay $150,000 for use in community service to be paid within twelve months. Defendant shall pay restitution in the total amount of $20,283.56. Court Reporter: Margaret Babykin. (cbr) (Entered: 04/14/2010)
04/12/201047 JUDGMENT AND COMMITMENT by Judge George H Wu as to Defendant Hotelsab Downtown Employees LLC (1), Count(s) 1, Defendant shall pay a fine of $200,000. Defendant shall pay $150,000 for use in community service to be paid within twelve months. Defendant shall pay restitution in the total amount of $20,283.56. (cbr) (Entered: 04/14/2010)