| CLOSED |
Case title: USA v. McWane, Inc. et al |
Date Filed: 09/24/2009 Date Terminated: 12/23/2009 |
| Assigned to: Judge C Lynwood Smith, Jr Referred to: Magistrate-Judge Harwell G Davis, III | ||
Defendant (1) |
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McWane, Inc.
TERMINATED: 12/23/2009 |
represented by | Christopher J Williams
MAYNARD COOPER & GALE PC 1901 6th Avenue North Suite 2400 Birmingham, AL 35203-2618 254-1100 Fax: 254-1999 Email: cwilliams@maynardcooper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained David E Roth BRADLEY ARANT BOULT CUMMINGS LLP 1819 5th Avenue North Birmingham, AL 35203 521-8000 Fax: 488-6428 Email: droth@babc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Fournier J Gale , III MAYNARD COOPER & GALE PC AmSouth Harbert Plaza, Suite 2400 1901 6th Avenue North Birmingham, AL 35203-2618 254-1000 Fax: 254-1999 Email: bgale@maynardcooper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained G Douglas Jones HASKELL SLAUGHTER YOUNG & REDIKER LLC 2001 Park Place North, Suite 1400 Birmingham, AL 35203 205-251-1000 Fax: 205-324-1133 Email: gdj@hsy.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained J Alan Truitt MAYNARD COOPER & GALE PC 2400 AmSouth/Harbert Plaza 1901 6th Avenue North Birmingham, AL 35203 205-254-1000 Fax: 205-254-1999 Email: atruitt@maynardcooper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Jack W Selden BRADLEY ARANT BOULT CUMMINGS LLP One Federal Place 1819 Fifth Avenue North, Seventh Floor PO Box 830709 Birmingham, AL 35283-0709 205-521-8000 Fax: 205-521-8800 Email: jselden@babc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
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| 33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (1-9) |
Probation 60 mos as to cnts 1-9 sep/concur; $4,000,000 Fine; AF $3600.00 | |
Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
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| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
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| None |
Plaintiff |
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| USA | represented by | Joyce White Vance, US Attorney
US ATTORNEY'S OFFICE 1801 4th Avenue North Birmingham, AL 35203-2101 244-2001 Email: usa-aln-ecf-usa@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED US Probation UNITED STATES PROBATION OFFICE 1800 5th Avenue North Birmingham, AL 35203 716-2900 Email: alnpdb_cmecf@alnp.uscourts.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED USM UNITED STATES MARSHAL Hugo Black Courthouse, Room 240 1729 5th Avenue North Birmingham, AL 35203 205-731-1712 Email: usms-aln-courts@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher J Costantini DEPARTMENT OF JUSTICE, ENVIRONMENTAL CRIMES SECTION PO Box 23985 Washington, DC 20026-3985 1-202-305-0375 Email: christopher.costantini@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel W Dooher U S DEPARTMENT OF JUSTICE 601 D Street NW Washington, DC 20003 202-305-0351 Fax: 202-305-0396 Email: daniel.dooher@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeremy F Korzenik US DEPT OF JUSTICE 601 D Street NW Washington, DC 20044 1-202-305-0325 Fax: 202-305-0396 Email: jeremy.korzenik@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael W Whisonant US ATTORNEY'S OFFICE 1801 4th Avenue North Birmingham, AL 35203-2101 244-2001 Email: Mike.Whisonant@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/24/2009 | Case sealed as to McWane, Inc., James Delk, Michael Devine (DWC, ) (Entered: 09/24/2009) | |
| 09/24/2009 | 1 | INFORMATION as to McWane, Inc. (1) count(s) 1-9, James Delk (2) count(s) 10-17, Michael Devine (3) count(s) 18-22. (DWC, ) (Entered: 09/24/2009) |
| 09/24/2009 | 2 | MOTION to Seal Case by USA as to McWane, Inc., James Delk, Michael Devine. (DWC, ) (Entered: 09/24/2009) |
| 09/24/2009 | 3 | ORDER granting 2 Motion to Seal Case as to McWane, Inc. (1), James Delk (2), Michael Devine (3). Signed by Judge C Lynwood Smith, Jr on 9/24/2009. (DWC, ) (Entered: 09/24/2009) |
| 09/24/2009 | 4 | PLEA AGREEMENT as to McWane, Inc. (DWC, ) (Entered: 09/24/2009) |
| 12/02/2009 | 7 | Sealed Document (LCW) (LCW, ). (Entered: 12/02/2009) |
| 12/02/2009 | 8 | NOTICE OF HEARING as to McWane, Inc., James Delk, Michael Devine Arraignment set for 12/18/2009 08:45 AM in Hugo L Black US Courthouse, Birmingham, AL before Magistrate-Judge John E Ott. (SHB, ) (Entered: 12/02/2009) |
| 12/11/2009 | 9 | MOTION for Leave to File Document Under Seal by USA as to McWane, Inc., James Delk, Michael Devine. (SMH2, ) (Entered: 12/14/2009) |
| 12/14/2009 | ORDER granting 9 Motion for Leave to File document under seal as to McWane, Inc. (1), James Delk (2), Michael Devine (3). Signed by Judge C Lynwood Smith, Jr on 12/14/2009. (LCW) (Entered: 12/14/2009) | |
| 12/14/2009 | 10 | Memorandum of the United States in Aid of Sentencing as to McWane, Inc., James Delk, Michael Devine (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11-part 1, # 12 Exhibit 11-part 2, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17)(SMH2, ) (Entered: 12/14/2009) |
| 12/15/2009 | 11 | AMENDED NOTICE OF HEARING as to McWane, Inc., James Delk, Michael Devine: Arraignment, Change of Plea and Sentencing set for December 18, 2009, at 10:00 a.m., before Judge C Lynwood Smith Jr., at the United States Courthouse, 101 Holmes Avenue, HUNTSVILLE, ALABAMA. (LCW) (Entered: 12/15/2009) |
| 12/16/2009 | 15 | STATUS of EHS Program and Results by dft McWane, Inc in support of dft's Plea Agreement 4 . (Attachments: # 1 Main Document Part 1, # 2 Main Document Part 2, # 3 Main Document Part 3, # 4 Main Document Part 4, # 5 Main Document Part 5)(DWC, ) (Entered: 12/16/2009) |
| 12/17/2009 | 16 | MOTION to Unseal All Documents and Exhibits by USA as to McWane, Inc., James Delk, Michael Devine. (DWC, ) (Entered: 12/17/2009) |
| 12/18/2009 | Case unsealed as to McWane, Inc., James Delk, Michael Devine (DWC, ) (Entered: 12/18/2009) | |
| 12/18/2009 | ORDER granting 16 Motion to Unseal Case as to McWane, Inc. (1), James Delk (2), Michael Devine (3). Signed by Judge C Lynwood Smith, Jr on 12/1/8/2009. (LCW, ) (Entered: 12/18/2009) | |
| 12/18/2009 | Minute Entry for proceedings held before Judge C Lynwood Smith, Jr on December 18, 2009 as to McWane, Inc.; Initial Appearance and Arraignment; Change of Plea Hearing - Plea entered by McWane, Inc. Guilty as to Counts 1 through 9; Sentencing held for McWane, Inc. - SENTENCE -- 5 years Probation as to Counts 1 through 9, separately/concurrently, with special conditions; - Defendant shall receive credit for time served in CR 04-S-199-S; Fine $4,000,000, due immediately; Special Assessment $3,600.00; ORAL MOTION of government to dismiss indictment in CR 04-S-199-S as to defendant McWane - GRANTED; written order to be entered in CR 04-S-199-2 (Court Reporter Anita McCorvey.) (LCW) Modified on 1/15/2010 (LCW, ). (Entered: 12/18/2009) | |
| 12/18/2009 | 17 | WAIVER OF INDICTMENT by McWane, Inc. filed in court on 12/18/2009 (LCW) (Entered: 12/18/2009) |
| 12/18/2009 | 18 | GUILTY PLEA ADVICE OF RIGHTS CERTIFICATION by McWane, Inc., filed in court on 12/18/2009 (LCW) (Entered: 12/18/2009) |
| 12/18/2009 | 19 | WAIVER of Provisions regarding Rule 32 by McWane, Inc. filed in court on 12/18/2009 (LCW) (Entered: 12/18/2009) |
| 12/23/2009 | 23 | PRESENTENCE INVESTIGATION REPORT (Sealed) as to McWane, Inc. filed w/USP (HBB, ) (Entered: 12/23/2009) |
| 12/23/2009 | 24 | Sentencing Recommendations (Sealed) as to McWane, Inc. filed w/USP (HBB, ) (Entered: 12/23/2009) |
| 12/23/2009 | 25 | JUDGMENT as to McWane, Inc. (1), Probation 60 mos as to cnts 1-9 sep/concur; $4,000,000 Fine; AF $3600.00. Signed by Judge C Lynwood Smith, Jr on 12/22/2009. (HBB, ) (Entered: 12/23/2009) |
| 12/31/2009 | 32 | NOTICE DEFENDANT'S CERTIFICATION OF DESTRUCTION OF "ROUGH NOTES" by McWane, Inc., James Delk, Michael Devine (Truitt, J) (Entered: 12/31/2009) |
| 01/15/2010 | 35 | AMENDED JUDGMENT to amend clerical error at page 2 as to McWane, Inc. (1), Count(s) 1-9, Probation 60 mos as to cnts 1-9 sep/concur; $4,000,000 Fine; AF $3600.00. Signed by Judge C Lynwood Smith, Jr on 1/15/10. (SMH2, ) (Entered: 01/15/2010) |
| 02/09/2010 | 37 | Transcript of Proceedings as to McWane, Inc., James Delk, Michael Devine held on 12/18/2009 Consent Hearing, before Judge Smith. Court Reporter/Transcriber Anita McCorvey. 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 through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (See Transcript Redaction Policy) Redaction Request due 3/2/2010. Redacted Transcript Deadline set for 3/12/2010. Release of Transcript Restriction set for 5/10/2010. (73 pages)(HBB, ) (Entered: 02/09/2010) |
| 10/08/2010 | 38 | MOTION for Return of Property/PostTrial and for Entry of Satisfaction of Judgment by Michael Devine as to McWane, Inc., James Delk, Michael Devine. (Lustberg, Lawrence) (Entered: 10/08/2010) |
| 10/11/2010 | 39 | RESPONSE in Support by Michael Devine as to McWane, Inc., James Delk, Michael Devine re 38 MOTION for Return of Property/PostTrial and for Entry of Satisfaction of Judgment - Letter Indicating Government Does Not Object to Motion (Lustberg, Lawrence) (Entered: 10/11/2010) |