CLOSED

U.S. District Court
Northern District of Alabama (Southern)
CRIMINAL DOCKET FOR CASE #: 2:09-cr-00394-CLS-HGD-1


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)
McWane, Inc.
TERMINATED: 12/23/2009
represented byChristopher 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
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)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byJoyce 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)
09/24/2009INFORMATION 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 MOTION to Seal Case by USA as to McWane, Inc., James Delk, Michael Devine. (DWC, ) (Entered: 09/24/2009)
09/24/2009ORDER 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)
09/24/2009PLEA AGREEMENT as to McWane, Inc. (DWC, ) (Entered: 09/24/2009)
12/02/2009Sealed Document (LCW) (LCW, ). (Entered: 12/02/2009)
12/02/2009NOTICE 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 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)
12/14/200910 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)
12/15/200911 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)
12/16/200915 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)
12/17/200916  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)
12/18/200917 WAIVER OF INDICTMENT by McWane, Inc. filed in court on 12/18/2009 (LCW) (Entered: 12/18/2009)
12/18/200918 GUILTY PLEA ADVICE OF RIGHTS CERTIFICATION by McWane, Inc., filed in court on 12/18/2009 (LCW) (Entered: 12/18/2009)
12/18/200919 WAIVER of Provisions regarding Rule 32 by McWane, Inc. filed in court on 12/18/2009 (LCW) (Entered: 12/18/2009)
12/23/200923 PRESENTENCE INVESTIGATION REPORT (Sealed) as to McWane, Inc. filed w/USP (HBB, ) (Entered: 12/23/2009)
12/23/200924 Sentencing Recommendations (Sealed) as to McWane, Inc. filed w/USP (HBB, ) (Entered: 12/23/2009)
12/23/200925 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)
12/31/200932 NOTICE DEFENDANT'S CERTIFICATION OF DESTRUCTION OF "ROUGH NOTES" by McWane, Inc., James Delk, Michael Devine (Truitt, J) (Entered: 12/31/2009)
01/15/201035 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)
02/09/201037 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)
10/08/201038  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)
10/11/201039 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)