USA v. McWane, Inc, et al

CLOSED, REOPEN

U.S. District Court
Northern District of Alabama (Southern)
CRIMINAL DOCKET FOR CASE #: 2:04-cr-00199-RBP -RRA All Defendants

Case title: USA v. McWane, Inc, et al

Date Filed: 05/25/2004
Date Terminated: 02/12/2010

Assigned to: Judge C Lynwood Smith, Jr Referred to: Magistrate-Judge Robert R Armstrong
Defendant (1)
McWane, Inc. TERMINATED: 02/12/2010	represented by	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 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 ATTORNEY TO BE NOTICED Designation: Retained David E Roth BRADLEY ARANT BOULT CUMMINGS LLP 1819 5th Avenue North Birmingham, AL 35203 205-521-8000 Fax: 205-488-6428 Email: droth@babc.com 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 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 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 ATTORNEY TO BE NOTICED Designation: Retained
Pending Counts		Disposition
None
Highest Offense Level (Opening)
None
Terminated Counts		Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES (1)		Statistically dismissed ss indict filed
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES (1s)		Prob 60 mos; Fine $5,000,000.00; AF $8,000.00
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE - Aid/Abet (2-11)		Statistically dismissed ss indict filed
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (2s-3s)		Prob 60 mos; Fine $5,000,000.00; AF $8,000.00
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (4s)		Dft found not guilty
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (5s)		Prob 60 mos; Fine $5,000,000.00; AF $8,000.00
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (6s)		Dft found not guilty
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (7s-11s)		Prob 60 mos; Fine $5,000,000.00; AF $8,000.00
33:1311(a) and 1319(c)(2)(A)i; 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE - Aid/Abet (12-22)		Statistically dismissed ss indict filed
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (12s-16s)		Prob 60 mos; Fine $5,000,000.00; AF $8,000.00
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (17s)		Prob 60 mos; Fine $5,000,000.00; AF $8,000.00
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (18s-19s)		Prob 60 mos; Fine $5,000,000.00; AF $8,000.00
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (20s)		Dft found not guilty
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (21s-22s)		Prob 60 mos; Fine $5,000,000.00; AF $8,000.00
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE - Aid/Abet (23)		Statistically dismissed ss indict filed
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (23s)		Dismissed pursuant to Order doc # 430
18:1001 and 2 STATEMENTS OR ENTRIES GENERALLY - Aid/Abet (24)		Statistically dismissed ss indict filed
18:1001 and 2 STATEMENTS OR ENTRIES GENERALLY (24s)		Pursuant to USCA order doc [528]: The case is remanded for entry of a Judgment of acquittal in favor of the dft McWane as to cnt 24s
18:1505 and 2 OBSTRUCTION OF PROCEEDING BEFORE DEPARTMENTS/AGENCIES - Aid/Abet (25)		Statistically dismissed ss indict filed
18:1505 and 2 OBSTRUCTION OF PROCEEDING BEFORE DEPARTMENTS/AGENCIES (25s)		Dismissed pursuant to Order doc # 430
Highest Offense Level (Terminated)
Felony
Complaints		Disposition
None

Assigned to: Judge C Lynwood Smith, Jr Referred to: Magistrate-Judge Robert R Armstrong
Defendant (2)
James Delk TERMINATED: 02/12/2010	represented by	Annette Gifford NIXON PEABODY LLP Clinton Square PO Box 31051 Rochester, NY 14603 1-585-263-1219 Fax: 1-866-690-2315 Email: agifford@nixonpeabody.com Designation: Retained Henry J DePippo KIRKLAND & ELLIS LLP 153 East 53rd Street New York, NY 10022-4611 212-446-4780 Email: hdepippo@kirkland.com ATTORNEY TO BE NOTICED Designation: Retained Melissa Bayer Tearney NIXON PEABODY LLP 100 Summer Street Boston, MA 02110-2131 1-617-345-1323 Fax: 1-866-947-1808 Email: mtearney@nixonpeabody.com ATTORNEY TO BE NOTICED Designation: Retained
Pending Counts		Disposition
None
Highest Offense Level (Opening)
None
Terminated Counts		Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES (1)		Statistically dismissed ss indict filed
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES (1s)		Prob 36 mos; Fine $90,000.00; AF $1,900.00
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE - Aid/Abet (2-11)		Statistically dismissed ss indict filed
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (2s-3s)		Prob 36 mos; Fine $90,000.00; AF $1,900.00
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (4s)		Dft found not guilty
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (5s)		Prob 36 mos; Fine $90,000.00; AF $1,900.00
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (6s)		Dft found not guilty
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (7s-11s)		Prob 36 mos; Fine $90,000.00; AF $1,900.00
33:1311(a) and 1319(c)(2)(A)i; 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE - Aid/Abet (12-22)		Statistically dismissed ss indict filed
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (12s-19s)		Prob 36 mos; Fine $90,000.00; AF $1,900.00
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (20s)		Dft found not guilty
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (21s-22s)		Prob 36 mos; Fine $90,000.00; AF $1,900.00
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE - Aid/Abet (23)		Statistically dismissed ss indict filed
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (23s)		Dismissed pursuant to Order doc # 430
Highest Offense Level (Terminated)
Felony
Complaints		Disposition
None

Assigned to: Judge C Lynwood Smith, Jr Referred to: Magistrate-Judge Robert R Armstrong
Appeals court case number: '05-17019-E'
Defendant (3)
Michael Devine TERMINATED: 02/12/2010	represented by	Lawrence S Lustberg GIBBONS DEL DEO DOLAN GRIFFINGER & VECCHIONE PC One Riverfront Plaza Newark, NJ 07102-5496 973-596-4731 Fax: 973-639-6285 Email: llustberg@gibbonslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Joshua C Gillette KROVATIN & ASSOCIATES LLC 744 Broad Street, Suite 1903 Newark, NJ 07102 973-424-9777 Fax: 973-424-9779 Email: jgillette@krovatin.com TERMINATED: 09/07/2006 ATTORNEY TO BE NOTICED Designation: Retained Frederick G Helmsing HELMSING LEACH HERLONG MEWMAN & ROUSE PC PO Box 2767 Mobile, AL 36652 1-251-432-5521 Fax: 251-432-0633 Email: fgh@helmsinglaw.com ATTORNEY TO BE NOTICED Designation: Retained Patrick C Finnegan HELMSING LEACH HERLONG MEWMAN & ROUSE PC PO Box 2767 Mobile, AL 36652 1-251-432-5521 Fax: 1-251-432-0633 Email: pcf@helmsinglaw.com ATTORNEY TO BE NOTICED Designation: Retained
Pending Counts		Disposition
None
Highest Offense Level (Opening)
None
Terminated Counts		Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES (1)		Statistically dismissed ss indict filed
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES (1s)		Prob 24 mos; Fine $35,000.00; AF $800.00
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE - Aid/Abet (2-11)		Statistically dismissed ss indict filed
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (2s-3s)		Prob 24 mos; Fine $35,000.00; AF $800.00
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (4s)		Dft found not guilty
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (5s)		Prob 24 mos; Fine $35,000.00; AF $800.00
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (6s)		Dft found not guilty
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (7s-10s)		Prob 24 mos; Fine $35,000.00; AF $800.00
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (11s)		Dissmissed pursuant to Order doc #430
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE - Aid/Abet (23)		Statistically dismissed ss indict filed
33:1311(a) and 1319(c)(2)(A); 18:2 POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (23s)		Dissmissed pursuant to Order doc #430
Highest Offense Level (Terminated)
Felony
Complaints		Disposition
None

Assigned to: Judge C Lynwood Smith, Jr Referred to: Magistrate-Judge Robert R Armstrong
Defendant (4)
Charles Barry Robison TERMINATED: 12/13/2005	represented by	Neil A Kaplan CLYDE SNOW SESSIONS & SWENSON 201 S Main Street, Suite 1300 Salt Lake City, UT 84111 801-322-2516 Fax: 801-521-6280 Email: nak@clydesnow.com TERMINATED: 12/06/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Rodney G Snow CLYDE SNOW SESSIONS & SWENSON 201 S Main Street, Suite 1300 Salt Lake City, UT 84111 801-322-2516 Fax: 801-521-6280 Email: rgs@clydesnow.com TERMINATED: 12/06/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Amy Lincoln BEVERIDGE & DIAMOND PC 1350 I Street, NW, Suite 700 Washington, DC 20005-3311 1-202-789-6000 TERMINATED: 08/03/2004 ATTORNEY TO BE NOTICED Designation: Retained David S Krakoff BUCKLEYSANDLER LLP 1250 24th Street NW Washington, DC 20037 202-349-7950 Fax: 202-349-8080 Email: dkrakoff@buckleysandler.com ATTORNEY TO BE NOTICED Designation: Retained Ilana Z Sultan MAYER BROWN ROWE & MAW LLP 1909 K Street, NW Washington, DC 20006-1101 1-202-263-3000 Email: isultan@mayerbrownrowe.com TERMINATED: 02/12/2009 ATTORNEY TO BE NOTICED Designation: Retained James T Parkinson MAYER BROWN ROWE & MAW LLP 1909 K Street, NW Washington, DC 20006-1101 1-202-263-3000 Fax: 1-202-263-5385 Email: jparkinson@mayerbrownrowe.com ATTORNEY TO BE NOTICED Designation: Retained Laura K McAfee BEVERIDGE & DIAMOND PC 1350 I Street, NW, Suite 700 Washington, DC 20005-3311 1-202-789-6000 TERMINATED: 08/03/2004 ATTORNEY TO BE NOTICED Designation: Retained
Pending Counts		Disposition
18:1001 and 2 STATEMENTS OR ENTRIES GENERALLY (24s)		Prob 24 mos; Fine $2,500.00; AF $100.00; ct 24 re-numbered to 23 pursuant to Order doc # 430
Highest Offense Level (Opening)
Felony
Terminated Counts		Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES (1)		Statistically dismissed ss indict filed
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES (1s)		Dismissed pursuant to Order doc # 430
18:1001 and 2 STATEMENTS OR ENTRIES GENERALLY - Aid/Abet (24)		Statistically dismissed ss indict filed
Highest Offense Level (Terminated)
Felony
Complaints		Disposition
None

Assigned to: Judge C Lynwood Smith, Jr Referred to: Magistrate-Judge Robert R Armstrong
Defendant (5)
Donald Bills TERMINATED: 05/14/2008	represented by	George W Andrews , III WHITE ARNOLD ANDREWS & DOWD PC 2025 3rd Avenue, North, Suite 600 Birmingham, AL 35203 323-1888 Fax: 323-8907 fax Email: gandrews@waadlaw.com Designation: Retained J Mark White WHITE ARNOLD & DOWD PC 2025 3rd Avenue North, Suite 600 Birmingham, AL 35203 205-323-1888 Fax: 205-323-8907 Email: mwhite@waadlaw.com ATTORNEY TO BE NOTICED Designation: Retained Augusta S Dowd WHITE ARNOLD & DOWD PC 2025 3rd Avenue, North, Suite 600 Birmingham, AL 35203 205-323-1888 Fax: 205-323-8907 Email: adowd@waadlaw.com ATTORNEY TO BE NOTICED Designation: Retained
Pending Counts		Disposition
None
Highest Offense Level (Opening)
None
Terminated Counts		Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES (1)		Statistically dismissed; Superseding Indictment filed
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES (1s)		Dismissed on oral order dtd 5/23/2005
Highest Offense Level (Terminated)
Felony
Complaints		Disposition
None

Plaintiff
United States of America	represented by	Joyce White Vance US ATTORNEY'S OFFICE 1801 4th Avenue North Birmingham, AL 35203-2101 244-2001 Email: joyce.vance@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 ATTORNEY TO BE NOTICED Thomas L Sansonetti US DEPT OF JUSTICE, ENVIRONMENTAL ENFORCEMENT SECTION Environment & Natural Resources Division PO Box 7611 Washington, DC 20044-7611 1-202-514-2000 Fax: 1-202-514-0557 fax TERMINATED: 02/09/2005 ATTORNEY TO BE NOTICED Alice H Martin, US Attorney US ATTORNEY'S OFFICE 1801 4th Avenue North Birmingham, AL 35203-2101 244-2001 Email: usa-aln-ecf-usa@usdoj.gov ATTORNEY TO BE NOTICED 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 ATTORNEY TO BE NOTICED US Marshal UNITED STATES MARSHAL'S OFFICE Hugo Black Federal Courthouse, Room 240 1729 5th Avenue North Birmingham, AL 35203 205-731-1712 Email: usms-aln-courts@usdoj.gov ATTORNEY TO BE NOTICED US Probation UNITED STATES PROBATION OFFICE Robert Vance Bldg. 1800 5th Avenue North Birmingham, AL 35203 716-2900 Email: alnpdb_cmecf@alnp.uscourts.gov 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 ATTORNEY TO BE NOTICED Kevin M Cassidy DEPARTMENT OF JUSTICE, ENVIRONMENTAL CRIMES SECTION PO Box 23985 Washington, DC 20026-3985 1-202-305-0375 Email: kevin.cassidy@usdoj.gov ATTORNEY TO BE NOTICED Robert O Posey US ATTORNEY'S OFFICE 1801 4th Avenue North Birmingham, AL 35203-2101 244-2001 Email: robert.posey@usdoj.gov TERMINATED: 02/12/2009 ATTORNEY TO BE NOTICED

Date Filed	#	Docket Text
05/25/2004	1	INDICTMENT (referred to Magistrate-Judge Robert R. Armstrong Jr ) filed by USA Counts filed against McWane, Inc (1) count(s) 1, 2-11, 12-22, 23, 24, 25, James Delk (2) count(s) 1, 2-11, 12-22, 23, Michael Devine (3) count(s) 1, 2-11, 23, Charles "Barry" Robison (4) count(s) 1, 24, Donald Bills (5) count(s) 1 (YMB) (Entered: 06/01/2004)
05/25/2004		McWane, Inc: 2900 Highway 280, Suite 300, Bham, AL 35223; JAMES DELK: 212 Oak Hill Road, Horsehead, NY 14845; MICHAEL DEVINE: 159 Washington Street, Phillipsburg, PA 08865- 6/14/04 arr ntc returned; 6/24/04 supp arr ntc returned; 6/17/04 bond addr: 4002 Evergreen Dr, Bethlehem, PA 18020; CHARLES "BARRY" ROBISON: 3221 Pinehurst Drive, Hoover, AL 35266; DONALD BILLS: 3520 Crestbrook Road, Bham, AL 35223. (YMB) Modified on 08/06/2004 (Entered: 06/01/2004)
05/25/2004		Docket Modification (Utility) LU as to all dfts (YMB) (Entered: 06/01/2004)
05/28/2004		Docket Modification (Utility) case reassigned from Judge Clemon to Judge Robert B. Propst (YMB) (Entered: 06/01/2004)
06/01/2004	2	NOTICE OF ARRAIGNMENT ; set for 9:30 6/10/04 for McWane, Inc issued cm (YMB) (Entered: 06/01/2004)
06/01/2004	3	NOTICE OF ARRAIGNMENT ; set for 9:30 6/10/04 for James Delk issued cm (YMB) (Entered: 06/01/2004)
06/01/2004	4	NOTICE OF ARRAIGNMENT ; set for 9:30 6/10/04 for Michael Devine issued cm (YMB) (Entered: 06/01/2004)
06/01/2004	5	NOTICE OF ARRAIGNMENT ; set for 9:30 6/10/04 for Charles "Barry" Robison issued cm (YMB) (Entered: 06/01/2004)
06/01/2004	6	NOTICE OF ARRAIGNMENT ; set for 9:30 6/10/04 for Donald Bills issued cm (YMB) (Entered: 06/01/2004)
06/01/2004	7	Recusal ORDER ( by Chief Judge U W. Clemon ) filed cm deemed filed 5/28/04 (YMB) (Entered: 06/01/2004)
06/14/2004	8	NOTICE OF ARRAIGNMENT ; set for 9:30 6/17/04 for McWane, Inc, for James Delk, for Michael Devine, for Charles "Barry" Robison, for Donald Bills issued cm (DWC) (Entered: 06/14/2004)
06/16/2004	9	APPEARANCE for dft McWane, Inc by Attorney Jack W Selden filed (DWC) (Entered: 06/17/2004)
06/16/2004	10	APPEARANCE for dft McWane, Inc by Attorney G Douglas Jones filed (DWC) (Entered: 06/17/2004)
06/16/2004	11	APPEARANCE for dft McWane, Inc by Attorney Fournier J Gale III filed (DWC) (Entered: 06/17/2004)
06/16/2004	12	MOTION for attorney Henry J DePippo to appear pro hac vice by dft James Delk filed cs del RRA (DWC) (Entered: 06/17/2004)
06/16/2004	13	MOTION for attorney Joshua C Gillette to appear pro hac vice by defendant Michael Devine filed cs del RRA (DWC) (Entered: 06/17/2004)
06/16/2004		PRO HAC VICE admission fee paid on 6/16/04 receipt # 200 204554 for atty Joshua C Gillette (DWC) (Entered: 06/17/2004)
06/16/2004	14	MOTION for attorney Laura K McAfee to appear pro hac vice by defendant Charles "Barry" Robison filed cs del RRA (DWC) (Entered: 06/17/2004)
06/16/2004		PRO HAC VICE admission fee paid on 6/16/04 receipt # 200 204552 for atty Laura K McAfee (DWC) (Entered: 06/17/2004)
06/16/2004	15	MOTION for attorney David S Krakoff to appear pro hac vice by dft Charles "Barry" Robison filed cs del RRA (DWC) (Entered: 06/17/2004)
06/16/2004		PRO HAC VICE admission fee paid on 6/16/04 receipt # 200 204553 for atty David S Krakoff (DWC) (Entered: 06/17/2004)
06/16/2004	16	MOTION for attorney Amy Lincoln to appear pro hac vice by dft Charles "Barry" Robison filed cs del RRA (DWC) (Entered: 06/17/2004)
06/16/2004		PRO HAC VICE admission fee paid on 6/16/04 receipt # 200 204555 for atty Amy Lincoln (DWC) (Entered: 06/17/2004)
06/17/2004		COURTROOM NOTES ( before Magistrate-Judge Robert R. Armstrong Jr ): ARRAIGNMENT of dft McWane, Inc ; ng plea entered; deft wv reading of indictment; Attorney Doug Jones; Jack Seldon present; CrtRptr Pat Gass CrtRptr tape nbr (SLF) (Entered: 06/17/2004)
06/17/2004		COURTROOM NOTES ( before Magistrate-Judge Robert R. Armstrong Jr ): ARRAIGNMENT of dft James Delk ; ng plea entered; deft wv reading of indictment; Attorney Henry Del Pippo present; deft placed on $500.00 unsecured bond with special conditions; CrtRptr Pat Gass CrtRptr tape nbr (SLF) (Entered: 06/17/2004)
06/17/2004		COURTROOM NOTES ( before Magistrate-Judge Robert R. Armstrong Jr ): ARRAIGNMENT of dft Michael Devine ; ng plea entered; deft wv reading of indictment; Attorney present; deft placed on $500.00 unsecured bond; CrtRptr Pat Gass CrtRptr tape nbr (SLF) (Entered: 06/17/2004)
06/17/2004		COURTROOM NOTES ( before Magistrate-Judge Robert R. Armstrong Jr ): ARRAIGNMENT of dft Charles "Barry" Robison ; ng plea entered; deft wv reading of indictment; Attorney present; deft placed on $500.00 unsecured bond with special conditions; CrtRptr Pat Gass CrtRptr tape nbr (SLF) (Entered: 06/17/2004)
06/17/2004		COURTROOM NOTES ( before Magistrate-Judge Robert R. Armstrong Jr ): ARRAIGNMENT of dft Donald Bills ; ng plea entered; deft wv reading of indictment; Attorney George W Andrews III present; deft placed on $500.00 unsecured bond with conditions; CrtRptr Pat Gass CrtRptr tape nbr (SLF) (Entered: 06/17/2004)
06/17/2004		PRO HAC VICE admission fee paid on 6/16/04 receipt # 200 204556 for atty Henry J DePippo (DWC) (Entered: 06/17/2004)
06/17/2004	17	APPEARANCE for defendant Donald Bills by Attorneys George W Andrews, III and J Mark White filed (KWC) (Entered: 06/17/2004)
06/17/2004	18	BOND w/ackw of receipt of general orders attached Filed ( $500.00 unsecured) by James Delk (SLF) (Entered: 06/17/2004)
06/17/2004	19	BOND w/ackw of receipt of general orders attachedFiled ( $500.00 unsecured) by Michael Devine (SLF) (Entered: 06/17/2004)
06/17/2004	20	BOND w/ackw of receipt of general orders attached Filed ( $500.00 unsecured) by Charles "Barry" Robison (SLF) (Entered: 06/17/2004)
06/17/2004	21	BOND w/ackw of receipt of general orders attached Filed ( $500.00 unsecured) by Donald Bills (SLF) (Entered: 06/17/2004)
06/17/2004	22	REQUEST for disclosure by defendant McWane, Inc filed cm USA (KWC) (Entered: 06/17/2004)
06/22/2004	23	12 - ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) granting motion for atty Henry J DePippo to appear pro hac vice by dft James Delk [12-1] cm (YMB) (Entered: 06/24/2004)
06/22/2004	24	13 - ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) granting motion for atty Joshua C Gillette to appear pro hac vice by dft Michael Devine [13-1] cm (YMB) (Entered: 06/24/2004)
06/22/2004	25	14 - ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) granting motion for atty Laura K McAfee to appear pro hac vice by dft Charles "Barry" Robison [14-1] cm (YMB) (Entered: 06/24/2004)
06/22/2004	26	15 - ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) granting motion for atty David S Krakoff to appear pro hac vice by dft Charles "Barry" Robison [15-1] cm (YMB) (Entered: 06/24/2004)
06/22/2004	27	16 - ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) granting motion for attey Amy Lincoln to appear pro hac vice by dft Charles "Barry" Robison [16-1] cm (YMB) (Entered: 06/24/2004)
06/24/2004	28	ORDER the Gov shall file a response to every motion filed by any dft in this case, w/i 5 days after the motion has been received ( by Magistrate-Judge Robert R. Armstrong Jr ) filed cm (DWC) (Entered: 06/24/2004)
06/24/2004	29	REQUEST for disclosure by dft Michael Devine filed cm AUSA (DWC) (Entered: 06/25/2004)
06/24/2004	30	REQUEST for disclosure by dft Charles "Barry" Robison filed cm AUSA (DWC) (Entered: 06/25/2004)
06/24/2004	31	Second REQUEST by dft McWane, Inc for discovery filed cs cm AUSA (DWC) (Entered: 06/25/2004)
06/24/2004	32	REQUEST for disclosure by dft James Delk filed cm AUSA (DWC) (Entered: 06/25/2004)
06/24/2004	33	First MOTION to produce by dft Donald Bills filed cs (DWC) (Entered: 06/25/2004)
06/28/2004	34	MOTION for preservation & inspection of rough notes by defendant Donald Bills filed cs (HBB) (Entered: 06/28/2004)
06/28/2004	35	MOTION (Request) to compel disclosure of existence & substance of promises of immunity, leniency or preferential treatment & for other impeaching information by defendant Donald Bills filed cs (HBB) (Entered: 06/28/2004)
06/28/2004	36	MOTION for leave to file additional motions by defendant Donald Bills filed cs (del RRA) (HBB) Modified on 06/28/2004 (Entered: 06/28/2004)
06/28/2004	37	MOTION for continuance of trial by defendant Donald Bills filed cs (del RBP) (HBB) Modified on 06/28/2004 (Entered: 06/28/2004)
06/28/2004	38	MOTION to continue trial date by dfts McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, Donald Bills , and to extend time to file motions by dfts McWane Inc, James Delk, Michael Devine, Charles "Barry" Robison, Donald Bills filed cs del RRA (DWC) (Entered: 06/28/2004)
06/29/2004	39	First RESPONSE by pla USA regarding dfts' requests for disclosure of evidence [22-1], regarding [31-1], regarding [29-1], regarding [30-1], regarding [32-1], regarding [33-1] filed cs (DWC) (Entered: 06/30/2004)
07/01/2004	40	ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) that order allowing govt 5 days to respond to motions filed by dfts is hereby CHANGED to ten (10) calendar days; filed cm (KWC) (Entered: 07/02/2004)
07/07/2004	41	ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) granting motion to continue trial date by all dfts [38-1], [37-1]; a trial date will be determined at a later date filed cm (DWC) (Entered: 07/08/2004)
07/12/2004	42	ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) ; pretrial conference set for 1:30 7/21/04 for McWane, Inc, for James Delk, for Michael Devine, for Charles "Barry" Robison, for Donald Bills filed cm (DWC) (Entered: 07/12/2004)
07/15/2004		Docket Modification (Utility) Donald Edward Bills' passport received from Leigh Shepherd, USPO as a bond conditions placed in cr sect vault (CJV) (Entered: 07/15/2004)
07/15/2004	43	ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ), the pre-trial conf set for 7/21/04 is CANCELLED filed cm (DWC) (Entered: 07/15/2004)
07/19/2004	44	Second RESPONSE by plaintiff USA regarding request for disclosure of evidence regarding [22-1], [31-1], regarding [29-1], regarding [32-1], regarding [33-1], regarding [30-1] filed cs (HBB) (Entered: 07/20/2004)
07/20/2004		Docket Modification (Utility) telephone conference set for 9:00 7/20/04 for McWane, Inc, for James Delk, for Michael Devine, for Charles "Barry" Robison, for Donald Bills (SCL) (Entered: 07/20/2004)
07/20/2004		Docket Modification (Utility) telephone conference held on 7/20/04 ; order (oral) setting case for trial 2/7/05; by 10/1/04 govt to provide list of doc(s) to be introduced at trial to dfts - Karla Johnson, CtRptr (SCL) (Entered: 07/20/2004)
07/20/2004	45	ORDER ( by Judge Robert B. Propst ) setting jury trial for 9:00 2/7/05 for McWane, Inc, for James Delk, for Michael Devine, for Charles "Barry" Robison, for Donald Bills ; by 10/04/04 Gov to designate documents and tangible objects intended for use; hearing is scheduled 1/10/2005 at 9:00 am ; objections to be filed w/i 10 days filed cm (SNH) (Entered: 07/20/2004)
07/23/2004	46	APPEARANCE for defendant Michael Devine by Attys Frederick G Helmsing & Patrick C Finnegan filed (HBB) (Entered: 07/26/2004)
07/28/2004		Docket Modification (Utility) LR (DWC) (Entered: 08/06/2004)
07/29/2004	47	MOTION for withdrawal of Laura K McAfee, attorney for defendant Charles "Barry" Robison filed cs dl RBP (KWC) (Entered: 07/29/2004)
07/29/2004	48	MOTION for withdrawal of Amy M Lincoln, attorney for defendant Charles "Barry" Robison filed cs (KWC) (Entered: 07/29/2004)
08/02/2004	54	MOTION for attorney Ilana Z Sultan to appear pro hac vice by defendant Charles "Barry" Robison filed cs (KWC) (Entered: 08/04/2004)
08/02/2004	55	MOTION for attorney James T Parkinson to appear pro hac vice by defendant Charles "Barry" Robison filed cs (KWC) (Entered: 08/04/2004)
08/03/2004	49	NOTICE OF ARRAIGNMENT ; set for 9:30 8/12/04 for McWane, Inc issued cm (HBB) (Entered: 08/03/2004)
08/03/2004	50	NOTICE OF ARRAIGNMENT ; set for 9:30 8/12/04 for James Delk issued cm (HBB) (Entered: 08/03/2004)
08/03/2004	51	NOTICE OF ARRAIGNMENT ; set for 9:30 8/12/04 for Michael Devine issued cm (HBB) (Entered: 08/03/2004)
08/03/2004	52	NOTICE OF ARRAIGNMENT ; set for 9:30 8/12/04 for Charles "Barry" Robison issued cm (HBB) (Entered: 08/03/2004)
08/03/2004	53	NOTICE OF ARRAIGNMENT ; set for 9:30 8/12/04 for Donald Bills issued cm (HBB) (Entered: 08/03/2004)
08/03/2004		PRO HAC VICE admission fee $100 for attys Ilana Sultan and James Parkinson paid on 08/03/04 receipt # 200 206047, (KWC) (Entered: 08/04/2004)
08/03/2004	56	48 - ORDER ( by Judge Robert B. Propst ) granting motion for withdrawal of Amy M Lincoln, attorney for defendant Charles "Barry" Robison [48-1] withdrawing cm (KWC) (Entered: 08/04/2004)
08/03/2004	57	47 - ORDER ( by Judge Robert B. Propst ) granting motion for withdrawal of Laura K McAfee, attorney for defendant Charles "Barry" Robison [47-1] withdrawing cm (KWC) (Entered: 08/04/2004)
08/04/2004	58	55 - ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) granting motion for attorney James T Parkinson to appear pro hac vice by defendant Charles "Barry" Robison [55-1] cm (KWC) (Entered: 08/05/2004)
08/04/2004	59	54 - ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) granting motion for attorney Ilana Z Sultan to appear pro hac vice by defendant Charles "Barry" Robison [54-1] cm (KWC) (Entered: 08/05/2004)
08/06/2004	60	SUPERSEDING indictment by USA; counts filed against McWane, Inc (1) count(s) 1s, 2s-11s, 12s-22s, 23s, 24s, 25s, James Delk (2) count(s) 1s, 2s-11s, 12s-22s, 23s, Michael Devine (3) count(s) 1s, 2s-11s, 23s, Charles "Barry" Robison (4) count(s) 1s, 24s, Donald Bills (5) count(s) 1s [deemed filed 7/28/04] (DWC) (Entered: 08/06/2004)
08/09/2004	61	MOTION to compel prod under Rule 16 of all atty-client and/or atty work product materials disclosed to govt by defendant McWane, Inc filed cs (KWC) (Entered: 08/10/2004)
08/09/2004	62	Third REQUEST by defendant McWane, Inc, defendant James Delk, defendant Michael Devine, defendant Charles "Barry" Robison, defendant Donald Bills for discovery filed cs (KWC) (Entered: 08/10/2004)
08/09/2004	63	Joint MOTION for protective order regarding Rule 404(b) evid by defendant McWane, Inc, defendant James Delk, defendant Michael Devine, defendant Charles "Barry" Robison, defendant Donald Bills filed cs (KWC) Modified on 08/10/2004 (Entered: 08/10/2004)
08/09/2004	64	Joint MOTION for order for preservation of rough notes and other materials by defendant McWane, Inc, defendant James Delk, defendant Michael Devine, defendant Charles "Barry" Robison, defendant Donald Bills filed cs (KWC) (Entered: 08/10/2004)
08/09/2004	65	Joint MOTION for timely production of exculpatory material and disclosure of impeaching information by defendant McWane, Inc, defendant James Delk, defendant Michael Devine, defendant Charles "Barry" Robison, defendant Donald Bills filed cs (KWC) (Entered: 08/10/2004)
08/09/2004	66	Joint MOTION for order by defendant McWane, Inc, defendant James Delk, defendant Michael Devine, defendant Charles "Barry" defendant Donald Bills filed under SEAL cs (KWC) Modified on 08/10/2004 (Entered: 08/10/2004)
08/09/2004	67	Joint MOTION for a bill of particulars by defendant McWane, Inc, defendant James Delk, defendant Michael Devine, defendant Charles "Barry" Robison, defendant Donald Bills filed cs (KWC) (Entered: 08/10/2004)
08/11/2004	68	WAIVER of appearance at arraignment by defendant Michael Devine filed cs (KWC) (Entered: 08/12/2004)
08/11/2004	69	WAIVER of appearance at arraignment by defendant James Delk filed cs (KWC) (Entered: 08/12/2004)
08/11/2004	70	WAIVER of appearance at arraignment by defendant Charles "Barry" Robison filed cs (KWC) (Entered: 08/12/2004)
08/11/2004	71	WAIVER of appearance at arraignment by defendant McWane, Inc filed cs (KWC) (Entered: 08/12/2004)
08/11/2004	72	WAIVER of appearance at arraignment by defendant Michael Devine filed cs (KWC) (Entered: 08/12/2004)
08/12/2004	73	MOTION for attorney Annette Gifford to appear pro hac vice by defendant James Delk filed cs (KWC) (Entered: 08/13/2004)
08/12/2004	74	MOTION for attorney Melissa Bayer Tearney to appear pro hac vice by defendant James Delk filed cs (KWC) (Entered: 08/13/2004)
08/12/2004	75	MOTION to compel production under Rule 16 of all statements that bind McWane, Inc by defendant McWane, Inc filed cs (KWC) (Entered: 08/13/2004)
08/13/2004		PRO HAC VICE admission fees for attys Gifford and Tearney paid on 08/13/04 receipt # 200 206544, (KWC) (Entered: 08/13/2004)
08/16/2004	76	WAIVER of appearance at arraignment for the superseding indictment by defendant Donald Bills filed no cs (cy RRA) (HBB) (Entered: 08/17/2004)
08/23/2004	77	Government's memorandum in opposition to dft McWane, Inc's motion to "compel production under rule 16 of all atty-client and/or atty work product materials disclosed to gov" regarding [61-1] filed cs (del RBP) (HBB) (Entered: 08/24/2004)
08/23/2004	78	Government's memorandum in opposition to dft McWane, Inc's "motion to compel production under Rule 16 of all statements that bind McWane, Inc" regarding [75-1] filed cs (del RBP) (HBB) (Entered: 08/24/2004)
08/24/2004	79	REQUEST by plaintiff USA for addt'l time to respond to defense motions filed cs (KWC) (Entered: 08/25/2004)
08/26/2004	80	79 - ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) granting request for additional time to respond to dft's motions [79-1] cm (HBB) (Entered: 08/26/2004)
08/31/2004	81	REPLY by defendant McWane, Inc to govt's memo in opposition to dft McWane's "motion to compel prod under Rule 16 of all statements that bind McWane" filed cs (KWC) (Entered: 09/01/2004)
09/02/2004	82	ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) ; Oral argument on all pending motions hearing set for 10:00 9/24/04 for McWane, Inc, for James Delk, for Michael Devine, for Charles "Barry" for Donald Bills filed cm (HBB) (Entered: 09/02/2004)
09/02/2004	83	73 - ORDER (by Magistrate-Judge Robert R. Armstrong Jr) granting motion for attorney Annette Gifford to appear pro hac vice by defendant James Delk [73-1] cm (KWC) (Entered: 09/03/2004)
09/02/2004	84	74 - ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) granting motion for attorney Melissa Bayer Tearney to appear pro hac vice by defendant James Delk [74-1] cm (KWC) (Entered: 09/03/2004)
09/20/2004	85	CONSOLIDATED RESPONSE by plaintiff USA regarding [80-1] (del to RRA) filed cs (KSS) (Entered: 09/21/2004)
09/23/2004	86	JOINT MOTION to dismiss counts 2-23 for failure to state an offense under The Clean Water Act - No Allegation of Criminal Intent (Dfts' Pretrial motion #1) by dfts McWane, Inc, James Delk & Michael Devine filed cs (del RBP) (HBB) (Entered: 09/24/2004)
09/23/2004	87	JOINT MOTION to dismiss counts 1-23 for failure to state an offense under the clean water act because Avondale Creek is not a navigable water (Dfts' pretrial motion #2) by dfts McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, & Donald Bills filed cs (del RBP) (HBB) (Entered: 09/24/2004)
09/23/2004	88	JOINT MOTION to dismiss counts 1-22 for failure to state an offense and for fatal duplicity (Pretrial motion #3) by dfts McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison & Donald Bills filed cs (del RBP) (HBB) (Entered: 09/24/2004)
09/23/2004	89	JOINT MOTION w/attachment to dismiss counts one through 22 for failing adequately to allege essential elements of the offenses (dfts pretrial motion #4) by dfts McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison & Donald Bills filed cs (del RBP) (HBB) (Entered: 09/24/2004)
09/23/2004	90	JOINT MOTION with attachments to dismiss counts 1 and 25 of the superseding indictment for failing to plead essential elements of the obstruction charge (Pretrial motion #5) by dfts McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, & Donald Bills filed cs (del RBP) (HBB) (Entered: 09/24/2004)
09/23/2004	91	JOINT MOTION with attachments to dismiss the indictment for violation of grand jury secrecy (defts' pretrial motion #6) by dfts McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison & Donald Bills filed cs (del RBP) (HBB) (Entered: 09/24/2004)
09/23/2004	92	MOTION for pre-trial "James" hearing (dfts' pretrial motion #7) by dfts McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, & Donald Bills filed cs (del RRA) (HBB) (Entered: 09/24/2004)
09/24/2004		COURTROOM NOTES ( before Magistrate-Judge Robert R. Armstrong Jr ): Motion hrg held; C. Costantini, R Posey; K Cassidey, present for usa; D Jones; J Selden; present for McWane; M White; G Andrews; present for deft Bills; H DePippo, present for deft Delk; F Helmsing, present for DeVine; D Kradoff, present for Robison; arguments; hrg adj. CrtRptr Shanetta Sinkfield (SLF) Modified on 10/22/2004 (Entered: 09/24/2004)
09/24/2004	93	63 - ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) granting motion for protective order regarding Rule 404(b) evid by defendant McWane, Inc, defendant James Delk, defendant Michael Devine, defendant Charles "Barry" Robison, defendant Donald Bills [63-1] The government shall not file 404(b) material with the court. The dft shall file with the court acknowledgement of such material within 7 days of such receipt cm (HBB) (Entered: 09/24/2004)
09/27/2004	94	TRANSCRIPT of hearing on motions 9/24/04 as to McWane, Inc, ET AL before Judge Armstrong CrtRptr Chanetta L. Sinkfield filed [1 vol=85p] (HBB) (Entered: 09/27/2004)
09/27/2004	95	ORDER as ordered in open court, the Gov shall furnish the list of alleged co-conspirators to Mr DePippo, counsel for James Delk, no later than 10/1/04 ( by Magistrate-Judge Robert R. Armstrong Jr ) filed cm (DWC) (Entered: 09/27/2004)
09/28/2004	96	ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) granting motion to compel production under Rule 16 of all statements that bind McWane, Inc by defendant McWane, Inc [75-1]; the Gov to disclose the discovery material stated in the order no later than 10/5/04; the Gov has until 10/ 15/04 to produce an index of discovery material not produced w/grounds for non-production filed cm (DWC) (Entered: 09/28/2004)
09/30/2004	97	ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) motion for timely production of exculpatory material and disclosure of impeaching information by defendant McWane, Inc, defendant James Delk, defendant Michael Devine, defendant Charles "Barry" Robison, defendant Donald Bills is granted in part & denied in part as set out [65-1]; certain deadlines apply as set out in this order filed cm (ASL) Modified on 10/01/2004 (Entered: 10/01/2004)
10/01/2004	98	ORDER ( by Magistrate Judge Robert R. Armstrong, Jr ),, terming request [62-1]; the same ruling is entered on this motion as entered in the similar motion [doc 65], including same dates filed cm (DWC) Modified on 10/01/2004 (Entered: 10/01/2004)
10/01/2004	99	ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) motion for preservation of rough notes and other materials by defendant McWane, Inc, defendant James Delk, defendant Michael Devine, defendant Charles "Barry" Robison, defendant Donald Bills is GRANTED [64-1]; the Gov is to assure that all notes, etc, are not destroyed filed cm (DWC) (Entered: 10/01/2004)
10/01/2004	100	ORDER the Gov is reminded of the general order filed 7/1/04 giving the Gov 10 days to file responses to every motion filed by dfts ( by Magistrate-Judge Robert R. Armstrong Jr ) filed cm (DWC) (Entered: 10/01/2004)
10/01/2004	101	ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) denying motion to compel prod under Rule 16 of all atty-client and/or atty work product materials disclosed to govt by defendant McWane, Inc [61-1] filed cm (DWC) (Entered: 10/01/2004)
10/04/2004	102	ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) terminating motion for a bill of particulars by defendant McWane, Inc, defendant James Delk, defendant Michael Devine, defendant Charles "Barry" Robison, defendant Donald Bills [67-1] The dfts' motion is GRANTED as to disclose the names of unindicted co-conspirators who might testify at trial & the government is ordered to disclose such names no later that 11/1/2004. The rest of the motion is DENIED filed cm (HBB) (Entered: 10/05/2004)
10/04/2004	103	United States designation of documents & Tangible objects intended to be used as evidence in Chief at Trial w/attachments filed cs (HBB) (Entered: 10/05/2004)
10/04/2004	104	REQUEST by plaintiff USA for additional time to respond to defense motions filed cs (del RRA) (HBB) (Entered: 10/05/2004)
10/06/2004	105	ORDER (by Magistrate-Judge Robert R. Armstrong Jr) granting request [104-1] of govt; govt has until Monday, Nov 8, 2004 to file its reponses; filed cm (KWC) (Entered: 10/07/2004)
10/08/2004	106	APPEARANCE for defendant Donald Bills by Attorney Augusta S Dowd filed (HBB) (Entered: 10/08/2004)
10/12/2004	107	REQUEST for disclosure by defendant McWane, Inc, defendant James Delk, defendant Michael Devine, defendant Charles "Barry" Robison, defendant Donald Bills filed cm USA (KWC) (Entered: 10/12/2004)
10/12/2004	108	Application (MOTION) for order for FRCrP Rule 17(c) Subpoena Duces Tecum to be issued as attached, by defendant McWane, Inc, defendant James Delk, defendant Michael Devine, defendant Charles "Barry" Robison, defendant Donald Bills filed cs dl RRA (KWC) (Entered: 10/12/2004)
10/12/2004	109	RESPONSE by plaintiff USA in compliance with Court's order regarding dfts' motion for exculpatory & impeachment material regarding [97-1] filed cs (del RRA) (HBB) (Entered: 10/13/2004)
10/14/2004	110	Notice of contest and MOTION for partial reconsideration of court order (Ct. Doc 97) by dft filed (DEEMED filed 10/12/04) cs (dl RRA) (HBB) (Entered: 10/14/2004)
10/14/2004	111	MOTION w/exhibits attched to dismiss and/or for sanctions against the United States of America by dft Donald Bills filed (DEEMED filed 10/13/04) cs (dl RRA) (HBB) (Entered: 10/14/2004)
10/14/2004	112	ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) as set out, the subpoenas designate the date of November 5, 2004, as the date for the return documents. It is further ORDERED that service of the subpoena may be executed by counsel for McWane, Inc. filed cm (HBB) (Entered: 10/15/2004)
10/14/2004	113	MOTION to preclude use of evid by defendant McWane, Inc, defendant James Delk, defendant Michael Devine, defendant Charles "Barry" Robison, defendant Donald Bills filed cs dl RRA (KWC) (Entered: 10/18/2004)
10/18/2004	114	ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) re: Dfts' notice of contest & motion for partial reconsideration of Court Order (ct doc 110) as set out. If the dfts desire an evidentiary hearing, they should promptly notify the court & a hearing will be set filed cm (HBB) (Entered: 10/18/2004)
10/18/2004	115	RESPONSE by pla USA in compliance w/ court's Order [96-1], regarding statements that bind McWane [75-1] w/ appendix atta filed cs [deemed filed 10/15/04] dl RRA (DWC) Modified on 10/18/2004 (Entered: 10/18/2004)
10/18/2004	116	ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) the Gov to file a written response to dft Bill's motion [doc 111] no later than Thur, 10/21/04 filed cm (DWC) (Entered: 10/18/2004)
10/21/2004	117	RESPONSE w/exhibits attached by plaintiff USA to dfts' joint motion to preclude use of evidence & to dft Donald Bills' motion to dismiss and/or for sanctions regarding [113-1] filed cs (dl RRA) (HBB) (Entered: 10/22/2004)
10/21/2004	118	RESPONSE by plaintiff USA to dfts' 404(b) request filed cs (HBB) (Entered: 10/22/2004)
10/22/2004	119	RESPONSE by dfts McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, Donald Bills to order of court regarding dfts notice of contest & motion for partial reconsideration of court order [114-1], [110-1] filed cs (dl RRA) (HBB) (Entered: 10/25/2004)
10/22/2004	120	Joint MOTION for juror questionnaire & to allow participation in voir dire by dfts McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, Donald Bills filed cs (dl RRA) (HBB) (Entered: 10/25/2004)
10/25/2004	121	ORDER ( by Judge Robert B. Propst )Certain scheduling ddls apply as set out. At the hearing scheduled for 1/10/05, the court will attempt to resolve all pretrial issues. filed cm (HBB) (Entered: 10/25/2004)
10/25/2004	122	MOTION to compel production of exculpatory and impeachment material by defendants filed cs dl RRA (KWC) (Entered: 10/26/2004)
10/25/2004	123	MOTION to compel govt to fully comply with compulsion order doc #96 by defendants filed cs dl RRA (KWC) (Entered: 10/26/2004)
10/26/2004	124	MOTION for reconsideration of court order doc #112 by USA as to McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, Donald Bills filed cs dl RRA (KWC) (Entered: 10/27/2004)
10/27/2004		Docket Modification (Utility) telephone set for 8:30 10/29/04 (SCL) (Entered: 10/27/2004)
10/27/2004	125	REPLY by defendants to govt's response to dfts' 404(b) request filed cs (KWC) (Entered: 10/28/2004)
10/27/2004	126	REPLY by defendants to US' responses to dfts' joint motion to preclude use of evid and to dft Donald Bills' motion to dismis and/or for sanctions filed cs (KWC) (Entered: 10/28/2004)
10/27/2004	127	MOTION for discovery of evid under Rule 16(a)(1)(G) by defendants , and to compel disc of evid under Rule 16(a)(1)(F) by defendants filed cs dl RRA (KWC) (Entered: 10/28/2004)
10/28/2004	128	RESPONSE by plaintiff USA to dfts' notice of contest and motion for partial reconsideration of court order doc #97 filed cs (KWC) (Entered: 10/29/2004)
10/29/2004		DOCKET modification (utility event) telephone conference held 10/29/04 ; Karla Johnson, CtRptr (SCL) (Entered: 10/29/2004)
10/29/2004		Docket Modification (Utility) telephone conference held on 10/29/04 (SCL) (Entered: 10/29/2004)
10/29/2004	129	ORDER ( by Judge Robert B. Propst ) denying motion to preclude use of evid by defendant McWane, Inc, defendant James Delk, defendant Michael Devine, defendant Charles "Barry" Robison, defendant Donald Bills [113-1] denying motion to dismiss and/or for sanctions against the United States of America by dft Donald Bills [111-1]; oral motions to continue trial are denied; see other ddls as set out; parties may suggest changes or additions to this order on/before 11/4/04; parties may submit a proposed consent substitute order by 11/2/04; filed cm (KWC) (Entered: 10/29/2004)
11/02/2004	130	MOTION by miscellaneous AL Dept Environment to quash , and/or for protective order filed cs dl RBP (KWC) (Entered: 11/02/2004)
11/03/2004	131	ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) denying as set out Gov's motion motion for reconsideration of court order doc #112 as to McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, Donald Bills [124-1]; dft's obj that the subpoenaed documents to be produced to the court should be filed no later than 11/5/04 filed cm (DWC) (Entered: 11/03/2004)
11/03/2004	132	ORDER (CONSENT ORDER) ( by Judge Robert B. Propst ) dfts McWane Inc, James Delk, Michael Devine, Charles "Barry" Robison, Donald Bills motion to preclude use of evid is DENIED as set out [113-1], dft Donald Bills' motion to dismiss and/or for sanctions against the United States is DENIED as to dismissal or sanctions as such [111-1]; dfts oral motions for continuance of the 2/7/05 trial are GRANTED ; jury trial set for 9:00 5/2/05 for McWane, Inc, for James Delk, for Michael Devine, for Charles "Barry" Robison, for Donald Bills , XT ; other ddls apply as set out filed cm (DWC) (Entered: 11/03/2004)
11/03/2004	133	ORDER (by Magistrate-Judge Robert R. Armstrong Jr) that November 11, 2004 is fixed as ddl for filing motions; for exceptions, see body of order; filed cm (KWC) (Entered: 11/04/2004)
11/04/2004	134	MOTION by misc AL Attorney General for reconsideration of court's order authorizing Rule 17(c) subpoenas & quash the dfts' subpoena filed cs dl RRA [deemed filed 11/2/04] (DWC) (Entered: 11/04/2004)
11/04/2004	135	MOTION to extend time to respond to dfts' motions by USA as to McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, Donald Bills filed cs dl RRA [deemed filed 11/3/04] (DWC) (Entered: 11/04/2004)
11/04/2004	136	AMENDED ORDER ( by Judge Robert B. Propst ) certain scheduling ddls apply as set out ; in-court hearing set for 4/11/05 for McWane, Inc, for James Delk, for Michael Devine, for Charles "Barry" Robison, for Donald Bills to resolve all pretrial issues filed cm (DWC) (Entered: 11/04/2004)
11/04/2004	137	135 - ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ) In light of the new trial setting GRANTING motion to extend time to respond to dfts' motions by USA as to McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, Donald Bills [135-1] cm (HBB) (Entered: 11/04/2004)
11/04/2004	138	MOTION by misc Storm Water Mgmt to quash and/or modify subpoena issued to the Storm Water Management Authority , and for protective order filed cs (dl RRA) (HBB) (Entered: 11/05/2004)
11/08/2004	139	ORDER ( by Judge Robert B. Propst ), ; in-court hearing reset for 9:00 4/11/05 for McWane, Inc, for James Delk, for Michael Devine, for Charles "Barry" Robison, for Donald Bills DEEMED filed 11/4/04 cm (HBB) (Entered: 11/08/2004)
11/09/2004	140	RESPONSE to court order regarding rule 17(c) subpoenas (Ct. Doc 113) by dfts McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, Donald Bills regarding [131-1] DEEMED filed 11/5/04 cs (dl RRA) (HBB) (Entered: 11/09/2004)
11/09/2004	141	ORDER ( by Magistrate-Judge Robert R. Armstrong Jr ), the dfts having no ojb to the court's order that the responses to the subpoenas be delivered to the court rather than the atty's office designated in the subpoenas, it is so ORDERED filed cm (DWC) (Entered: 11/09/2004)
11/10/2004	142	ORDER (by Magistrate-Judge Robert R. Armstrong Jr) that atty should give court advance notice to review boxes of subpoenaed materials that were delivered to clerk's office; call Krysti Miller at 205-278-1724. filed cm (KWC) (Entered: 11/10/2004)
11/10/2004	143	JOINT MOTION of Dfts & USA to extend November 11 motions deadline (Ct. Doc.133) filed (del RRA) (HBB) (Entered: 11/10/2004)
11/10/2004		GRANTED & SO ORDER as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills & the United States Gov.. Signed by Judge Robert R Armstrong on 11/10/04. (HBB, ) (Entered: 11/18/2004)
11/17/2004	144	ORDER terminating 130 Motion to Quash as to McWane, Inc (1), James Delk (2), Michael Devine (3), Charles "Barry&quo Robison (4), Donald Bills (5); terminating 130 Motion for Protective Order as to McWane, Inc (1), James Delk (2), Michael Devine (3), Charles "Barry&quo Robison (4), Donald Bills (5); terminating 134 Motion for Reconsideration as to McWane, Inc (1), James Delk (2), Michael Devine (3), Charles "Barry&quo Robison (4), Donald Bills (5); terminating 138 Motion to Quash as to McWane, Inc (1), James Delk (2), Michael Devine (3), Charles "Barry&quo Robison (4), Donald Bills (5); terminating 138 Motion for Protective Order as to McWane, Inc (1), James Delk (2), Michael Devine (3), Charles "Barry&quo Robison (4), Donald Bills (5) The Dfts' counsel are ORDERED to communicate with counsel for the non parties & engage in good-faith efforts to resolve the question of what materials the dfts are & are not tntitled to. The dft are ORDERED to report to the court no later that November 29, 2004 as to whether these issues have been settled; if all issues cannot be resolved, the court expects those which can be resolved to be resolved.. Signed by Judge Robert R Armstrong on 11/12/04. (HBB, ) (Entered: 11/17/2004)
11/22/2004	145	MOTION (Application) for FRCRP Rule 17(c) subpoena duces tecum by McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. dl RRA (DWC, ) [deemed filed 11/16/04] Modified on 11/22/2004 (DWC, ). (Entered: 11/22/2004)
11/23/2004	146	ORDER as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 144 Order on Motion to Quash,,,,, Order on Motion for Protective Order,,,,, Order on Motion for Reconsideration,,,,,,,,,,,,,, the 11/29/04 ddl is extended to 12/15/04. Signed by Judge Robert R Armstrong on 11/23/04. (DWC, ) (Entered: 11/24/2004)
11/23/2004	147	RESPONSE by United States of America to dfts McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills 123 Motion to Compel Gov to fully comply w/ 96 compulsion order (Attachments: # 1 consolidate response)(DWC, ) (Entered: 11/24/2004)
11/24/2004		NOTICE 12 boxes & 1 env of subpoenaed material received in the Clerk's office pursuant to order 141 (DWC, ) (Entered: 11/24/2004)
11/24/2004	148	RESPONSE by United States of America to dfts McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills 122 Motion to Compel production of exculpatory & impeachment material [deemed filed 11/22/04] (Attachments: # 1 USA's consolidated response to dfts' motions)(DWC, ) Modified docket text on 1/10/2005 (DWC, ). (Entered: 11/24/2004)
11/24/2004	149	RESPONSE in Opposition by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 145 MOTION (Application) for FRCrimP Rule 17(c) subpoena duces tecum (DWC, ) (Entered: 11/24/2004)
11/29/2004	150	Unopposed MOTION to set deadline for filing reply to govt responses by McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, Donald Bills. (KWC, ) (Entered: 11/30/2004)
11/29/2004	151	MOTION to Quash by US Environmental Protection Agency, Region 4 as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (KWC, ) Corrected pty:misc name on 1/10/2005 (DWC, ). (Entered: 12/04/2004)
12/06/2004		ORDER granting 150 Motion as to set deadline McWane, Inc (1), James Delk (2), Michael Devine (3), Charles "Barry&quo Robison (4), Donald Bills (5), defendants have until 12/23/04 to reply to government's response.. Signed by Judge Robert R Armstrong on 12/06/04. (JSR, ) (Entered: 12/06/2004)
12/06/2004	152	ORDER as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills Discovery Motions Hearing set for 12/17/2004 09:00 AM before Magistrate-Judge Robert R Armstrong.. Signed by Judge Robert R Armstrong on 12/6/04. (HBB, ) (Entered: 12/06/2004)
12/06/2004	153	ORDER the attached subpoena is approved for issuance & deadlines as set out is said orderterminating 145 Motion to Produce as to McWane, Inc (1), James Delk (2), Michael Devine (3), Charles "Barry&quo Robison (4), Donald Bills (5). Signed by Judge Robert R Armstrong on 12/6/04. (HBB, ) (Entered: 12/06/2004)
12/10/2004	154	ORDER as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. Having been advised by the dfts & govt that each party desires a copy of certain documents returned to the court instructions are set out in said order.. Signed by Judge Robert R Armstrong on 12/10/04. (HBB, ) (Entered: 12/10/2004)
12/15/2004	155	REPORT of Dfts regarding rule 17(c) subpoenas by McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 138 Motion to QuashMotion for Protective Order, 142 Order, 130 Motion to QuashMotion for Protective Order, 144 Order on Motion to Quash, Order on Motion for Protective Order, Order on Motion for Reconsideration, 112 Order, 134 Motion for Reconsideration, 151 MOTION to Quash (HBB, ) (Entered: 12/16/2004)
12/20/2004	156	MOTION to Quash by United States Army Corps of Engineers, Mobile District, or in the alternative to modify subpoena as set out. (JLM, ) (Entered: 12/21/2004)
12/23/2004	157	REPLY TO RESPONSE to Motion by McWane, Inc as to McWane, Inc, James Delk, Michael Devine re 86 Motion to Dismiss (Selden, Jack) (Entered: 12/23/2004)
12/23/2004	158	REPLY TO RESPONSE to Motion by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 87 Motion to Dismiss (Selden, Jack) (Entered: 12/23/2004)
12/23/2004	159	REPLY TO RESPONSE to Motion by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 88 Motion to Dismiss Counts 1-22 for failure to state an offense and for fatal duplicity (Defendants' Pretrial Motion Number 3) (Selden, Jack) (Entered: 12/23/2004)
12/23/2004	160	REPLY TO RESPONSE to Motion by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 88 Motion to Dismiss, 89 Motion to Dismiss Counts 1 through 22 for failing adequately to allege essential elements of the offenses and for failing to state an offense (Pretrial Motions Number 3 and Number 4) (Selden, Jack) (Entered: 12/23/2004)
12/23/2004	161	REPLY TO RESPONSE to Motion by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 90 Motion to Dismiss Counts 1 and 25 of the Superseding Indictment for Failing to Plead Essential Elements of the Obstruction Charge (Pretrial Motion Number 5) (Selden, Jack) (Entered: 12/23/2004)
12/23/2004	162	REPLY TO RESPONSE to Motion by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 91 Motion to Dismiss Counts 2-23 for Violation of Grand Jury Secrecy (Defendants' Pretrial Motion Number 6) (Selden, Jack) (Entered: 12/23/2004)
12/23/2004	163	REPLY TO RESPONSE to Motion by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 92 Motion for Hearing (Selden, Jack) (Entered: 12/23/2004)
01/03/2005	164	ORDER that all parties will file and serve proposed jury voir dire questions before 3/7/05; opposing parties to file objs before 3/21/05; court proposes to impanel 80 jurors; any contrary suggestions to be filed by 1/12/05. Signed by Judge Robert B Propst on 1/3/05. (JLM, ) (Entered: 01/03/2005)
01/04/2005	165	MOTION for Reconsideration of Court Order Ct. Doc. 102 by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Selden, Jack) Modified hyperlink on 1/5/2005 (DWC, ). (Entered: 01/04/2005)
01/10/2005		Minute Entry for proceedings held before Judge Robert R Armstrong :Motion Hearing held; R.Posey, C. Constantini and K. Cassidey, ausa present; D. Jones and J. Selden, attys for deft McWane present; G. Andrews, atty for deft D. Bills present; H. DePippo, atty for deft Delk present; D. Kradoff, atty for deft Robison present; F. Helmsing, atty for deft DeVine present; Arguments; D. Jones offered and admitted 4 exhibits; oral motion to seal exhibits, motion granted; Written Order to be entered by the court; hrg adj. (Court Reporter Pat Gass.) (SLF, ) (Entered: 01/10/2005)
01/10/2005	166	ORDER as set out.. setting deadlines on issues regarding Brady/Giglio, Rule 404(b) evidence, & Enviromental samples as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills . Signed by Judge Robert R Armstrong on 1/10/05. (HBB, ) (Entered: 01/10/2005)
01/10/2005	167	REPLY TO RESPONSE to Motion by McWane, Inc re 123 Motion to Compel the Government to Fully Comply with the Compulsion Order (Ct. Doc. 96) (Selden, Jack) (Entered: 01/10/2005)
01/12/2005	168	AMENDMENT to ORDER entered January 10, 2005 166 as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills; ORDER as set out that the government disclose all Rule 404(b) evidence by February 15. . Signed by Judge Robert R Armstrong on 1/12/05. (HBB, ) (Entered: 01/12/2005)
01/12/2005	169	JOINT RESPONSE by parties to re 164 1/3/05 Order and MOTION to establish jury selection procedures (DWC, ) (Entered: 01/12/2005)
01/13/2005	170	ORDER as to all defendants re 169 Joint Response to Court Order and Motion to Establish Jury Selection Procedures; parties will submit proposed agreed upon juror questionnaire by 3/10/05; additional proposed questions and objs to be submitted before 3/17/05; parties to file and deliver copy to jury section a list of names of jurors that they agree should be excused by 4/28/05; court will summon 90 prospective jurors. Signed by Judge Robert B Propst on 1/13/05. (JLM, ) (Entered: 01/13/2005)
01/14/2005	171	MOTION to Dismiss Counts 1 and 23 Due to Ex Post Facto Violation and Lack of Fair Notice (Defendants' Pretrial Motion Number 8) by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Selden, Jack) (Entered: 01/14/2005)
01/14/2005	172	MOTION to Suppress (Defendants' Pretrial Motion Number 9) by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (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# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14)(Selden, Jack) (Entered: 01/14/2005)
01/14/2005	173	MOTION to Dismiss Count 24 for Failure to State an Offense (Defendants' Pretrial Motion Number 10) by McWane, Inc as to McWane, Inc, Charles "Barry&quo Robison. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Selden, Jack) (Entered: 01/14/2005)
01/14/2005	174	MOTION to Strike Surplusage from Government's Superseding Indictment (Defendants' Pretrial Motion Number 11) by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Selden, Jack) (Entered: 01/14/2005)
01/14/2005	175	MOTION to Produce Jencks Act Material (Early Production) and for Production of Witness List (Defendants' Pretrial Motion Number 12) by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Selden, Jack) (Entered: 01/14/2005)
01/19/2005	176	ORDER Amending Order of 1/13/05; that Order re Joint Response to Court Order and Motion to Establish Jury Selection Procedures is AMENDED to reflect that Clerk's office will prepare 7 copies of questionnaire, one for each dft, the government and the court; questionnaires will not be further distributed nor disclosed except as re selection of a jury; they will not be disclosed to the public or press . Signed by Judge Robert B Propst on 1/19/05. (JLM, ) (Entered: 01/19/2005)
01/21/2005	177	MOTION for Extension of Time to File Response/Reply as to 174 MOTION to Strike Surplusage from Government's Superseding Indictment (Defendants' Pretrial Motion Number 11), 175 MOTION to Produce Jencks Act Material (Early Production) and for Production of Witness List (Defendants' Pretrial Motion Number 12), 172 MOTION to Suppress, 173 MOTION to Dismiss, 171 MOTION to Dismiss by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Posey, Robert) (Entered: 01/21/2005)
01/21/2005		ORDER granting 177 Motion for Extension of Time to File Response, because defense attorney Doug Jones stated he had no objections to the motion. Signed by Judge Robert R Armstrong on 1/21/2005. (JSR, ) (Entered: 01/21/2005)
01/27/2005	178	NOTICE OF ATTORNEY APPEARANCE: David E Roth appearing for McWane, Inc (Roth, David) (Entered: 01/27/2005)
01/31/2005	179	RESPONSE to Motion by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 175 MOTION to Produce, 173 MOTION to Dismiss Count 24 for Failure to State an Offense (Defendants' Pretrial Motion Number 10), 171 MOTION to Dismiss, 174 MOTION to Strike, 172 MOTION to Suppress (Attachments: # 1 letter)(Posey, Robert) (Entered: 01/31/2005)
02/03/2005	180	ORDER (Re 1/10/05 oral argument re bill of particulars) that defendants asked court to reconsider previous ruling on their motion for bill of particulars 67 102 165 ; bill of particulars will not be ordered for reasons set out; defendants request to be informed as to specific days within various months they are charged with violating tht Clean Water Act is denied as well. Signed by Judge Robert R Armstrong on 2/3/05. (Entered: 02/03/2005)
02/03/2005	181	ORDER re 1/10/05 oral argument re Government's requests for reciprocal discovery 39 ; that date for defendants to comply with Government's disclosure requests is that provided by Judge Propst for defendants to give Government an exhibit list of documents they intend to use at trial. Signed by Judge Robert R Armstrong on 2/3/05. (JLM, ) (Entered: 02/03/2005)
02/03/2005	182	ORDER (Additional orders following 1/10/05 oral argument) re Order 96 ; that the Government is to state positively whether it has furnished to defendants all such statements as set out; if Government has withheld any such statements, Government is to identify them and state their nature; the September 28th index order 96 applies to the redacted portions of documents which the Government decided to and did disclose to the defendant, and the Government is Ordered to supply those indexes as well; Government has until 2/14/05 to comply with this order. Signed by Judge Robert R Armstrong on 2/3/05. (JLM, ) (Entered: 02/03/2005)
02/09/2005	183	ORDER as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills Motion hearing set for Thursday, 2/17/2005 09:00 AM at the U.S. COURTHOUSE ANNISTON, ALABAMA before Judge Robert B Propst. Instructions on deadlines as set out. Signed by Judge Robert B Propst on 2/9/05. (HBB, ) (Entered: 02/09/2005)
02/09/2005	184	MOTION Appeal of Magistrate Judge's Order re 182 Order,, Regarding Defendant's Motion to Compel the Government to Fully Comply with the Court's Compulsion Order (Ct. Doc. 96) by McWane, Inc. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Selden, Jack) (Entered: 02/09/2005)
02/09/2005	185	MOTION Appeal of Magistrate Judge's Order re 180 Order,, Terminate Motions, Regarding Defendant's Joint Motion for Partial Reconsideration of Court Order (Ct. Doc. 102) by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Selden, Jack) (Entered: 02/09/2005)
02/09/2005	186	REPLY TO RESPONSE to Motion by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 174 MOTION to Strike Surplusage from Government's Superseding Indictment (Defendants' Pretrial Motion Number 11), 175 MOTION to Produce Jencks Act Material (Early Production) and for Production of Witness List (Defendants' Pretrial Motion Number 12), 172 MOTION to Suppress (Selden, Jack) (Entered: 02/09/2005)
02/10/2005	190	TRANSCRIPT of Proceedings (motions hearing) as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills held on 1/10/2005 before Judge Robert R. Armstrong., 82 pages Court Reporter: Patricia L Gass. [Contact Court Reporter for copy of transcript] (BST, ) (Entered: 02/14/2005)
02/11/2005	187	Joint MOTION To Reschedule February 17, 2005, Hearing and Related Deadlines re 183 Order,, Set Hearings, by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Attachments: # 1 Exhibit List of Pending Motions)(Selden, Jack) (Entered: 02/11/2005)
02/11/2005	188	REPLY TO RESPONSE to Motion by McWane, Inc as to McWane, Inc, Charles "Barry&quo Robison re 173 MOTION to Dismiss Count 24 for Failure to State an Offense (Defendants' Pretrial Motion Number 10) (Selden, Jack) (Entered: 02/11/2005)
02/11/2005	189	REPLY TO RESPONSE to Motion by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 171 MOTION to Dismiss Counts 1 and 23 Due to Ex Post Facto Violation and Lack of Fair Notice (Selden, Jack) (Entered: 02/11/2005)
02/14/2005	191	RESPONSE to by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 182 Govt Response to Court Order (Attachments: # 1 Exhibit index of redactions)(Posey, Robert) (Entered: 02/14/2005)
02/15/2005	192	ORDER as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 183 Order,, Set Hearings, UNRESOLVED MOTION HEARING REset for 2/28/2005 09:00 AM AT THE U.S. COURTHOUSE ANNISTON, ALABAMA before Judge Robert B Propst. See order for deadlines set out. Signed by Judge Robert B Propst on 2/15/05. (HBB, ) (Entered: 02/15/2005)
02/15/2005	193	ORDER regarding jury instructions and deadlines as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills . Signed by Judge Robert B Propst on 2/15/05. (HBB, ) (Entered: 02/15/2005)
02/15/2005	194	NOTICE Government's Notice of Intent to Offer 404(b) Evidence by McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 166 Order, (Posey, Robert) (Entered: 02/15/2005)
02/16/2005	195	RESPONSE to by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 184 , 180 , 182 , 185 Government Response to Defendant's Appeal of Magistrate Judge's Orders (Posey, Robert) (Entered: 02/16/2005)
02/18/2005	196	RESPONSE to by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 183 , 192 Court Order (Selden, Jack) (Entered: 02/18/2005)
02/22/2005	197	ORDER as to McWane, Inc, James Delk, Michael Devine, Charles Barry Robison, Donald Bills that the gov't is to bring redacted copies of the indictment to the 2/28/05 hearing. Signed by Judge Robert B Propst on 2/22/05. (BST, ) (Entered: 02/22/2005)
02/23/2005	198	Proposed Jury Instructions by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills (Posey, Robert) (Entered: 02/23/2005)
02/24/2005	199	Joint MOTION Modify Consent Order re 132 Order,,,,,,,, by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Selden, Jack) (Entered: 02/24/2005)
03/01/2005	200	ORDER as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills that the court rules on certain motions 92 , 199 , 86 , 91 , 175 , 184 , 123 ; certain ddl apply as set out for motions 87 , 88 , 89 , 90 , 102 , 173 , 172 , 171 ; Re Proposed jury instructions, dfts response to the Gov's proposed jury instructions and submit their proposed instructions by 3/14/05; Parties will advise the court of any pending issues on or before 3/8/05 . Signed by Judge Robert B Propst on 3/1/05. (DWC, ) (Entered: 03/01/2005)
03/02/2005	201	ORDER as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 172 MOTION to Suppress set for Evidentiary Hearing set for 3/17/2005 09:30 AM in Courtroom 2 B before Magistrate-Judge Robert R Armstrong.. Signed by Judge Robert R Armstrong on 3/2/05. (DWC, ) (Entered: 03/02/2005)
03/03/2005	202	ORDER denying 88 Motion to Dismiss counts 1-22 for failure to state an offense and for fatal duplicity(pretrial motion #3) as to McWane, Inc (1), James Delk (2), Michael Devine (3), Charles "Barry" Robison (4), Donald Bills (5). Signed by Judge Robert B Propst on 3/2/2005. (BST, ) (Entered: 03/03/2005)
03/03/2005	203	ORDER denying 87 dfts' Motion to Dismiss counts 1-23 for failure to state an offense under the Clean Water Act because Avondale Creek is not a navigable water as to McWane, Inc (1), James Delk (2), Michael Devine (3), Charles "Barry&quo Robison (4), Donald Bills (5). Signed by Judge Robert B Propst on 3/2/2005. (BST, ) (Entered: 03/03/2005)
03/03/2005	204	ORDER deferring ruling on 90 Motion to Dismiss counts 1 and 25 of the superceding indictment for failing to plead essential elements of the obstruction charge as to McWane, Inc (1), James Delk (2), Michael Devine (3), Charles "Barry" Robison (4), Donald Bills (5); the gov't is to file a bill of poarticulars with reference to said counts by 3/10/05. Signed by Judge Robert B Propst on 3/2/2005. (BST, ) (Entered: 03/03/2005)
03/03/2005	205	AMENDMENT TO ORDER relating to dfts' motion to dismiss counts 1-23 for failure to state and offense under the Clean Water Act (pretrial motion #2) as to McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, Donald Bills re 203 Order on Motion to Dismiss, . Signed by Judge Robert B Propst on 3/2/2005. (BST, ) (Entered: 03/03/2005)
03/03/2005	206	ORDER denying 89 Motion to Dismiss counts 1-22 for failing to adequately to allege essential elements of the offenses (pretrial motion #4)as to McWane, Inc (1), James Delk (2), Michael Devine (3), Charles "Barry" Robison (4), Donald Bills (5). Signed by Judge Robert B Propst on 3/2/2005. (BST, ) (Entered: 03/03/2005)
03/03/2005	207	ORDER deferring ruling on 173 Motion to Dismiss count 24 for failure to state an offense as to McWane, Inc (1), Charles "Barry" Robison (4); the gov't is to file a bill of particulars with reference to count 24 by 3/10/05. Signed by Judge Robert B Propst on 3/2/2005. (BST, ) (Entered: 03/03/2005)
03/04/2005	208	ORDER AMENDS its order entered 3/1/2005 200 as follows: The hearing date referenced as being on 4/8/2005 should be 4/11/2005. Order sets out instructions re camera submissions as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills . Signed by Judge Robert B Propst on 3/4/05. (HBB, ) (Entered: 03/04/2005)
03/04/2005	209	ORDER stating the Government may suggest to the court which portions of notes, etc submitted for in-camera inspection which the Government maintains do not represent the substance of relevant statements as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills . Signed by Judge Robert B Propst on 3/4/05. (HBB, ) (Entered: 03/04/2005)
03/04/2005	210	ORDER denying 171 Motion to Dismiss counts 1 and 23 to Ex Post Facto Violation & lack of fair notice as to James Delk (2), Michael Devine (3), Charles "Barry&quo Robison (4), Donald Bills (5). Signed by Judge Robert B Propst on 3/4/05. (HBB, ) (Entered: 03/04/2005)
03/04/2005	211	RESPONSE to by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 200 Response to Court Order (Attachments: # 1 Government's Brief Regarding Count 24 Duplicity Issue)(Posey, Robert) (Entered: 03/04/2005)
03/04/2005	212	RESPONSE in Support by McWane, Inc as to McWane, Inc, Charles "Barry&quo Robison re 173 MOTION to Dismiss Count 24 for Failure to State an Offense (Defendants' Pretrial Motion Number 10) Memorandum Regarding the Remedy For Duplicity of Count 24 (Attachments: # 1 Exhibit U.S. v. Panzavecchia# 2 Exhibit Russell v. U.S.# 3 Exhibit U.S. v. Twitty# 4 Exhibit U.S. v. Schlei)(Selden, Jack) (Entered: 03/04/2005)
03/07/2005	213	Joint MOTION to Amend/Correct 136 Order,,, by United States and by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Selden, Jack) (Entered: 03/07/2005)
03/08/2005		ORDER granting 213 Motion to modify order of 11/4/04. Signed by Judge Robert B Propst on 3/7/05. (SCL, ) (Entered: 03/08/2005)
03/08/2005	214	ORDER as to McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, Donald Bills 204 ; the court amends doc#204 by adding that by 3/14/05 gov't will specify whether the alleged false statements were contained in docs submitted on 8/17/00 and 9/15/00 or both . Signed by Judge Robert B Propst on 3/8/2005. (BST, ) (Entered: 03/08/2005)
03/09/2005	215	Joint MOTION to Modify Order re 170 Order,, Set Deadlines,, Terminate Motions, by United States and by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Selden, Jack) (Entered: 03/09/2005)
03/09/2005		ORDER granting 215 Motion to Modify Order of 1/13/05. Signed by Judge Robert B Propst on 3/9/05. (SCL, ) (Entered: 03/09/2005)
03/09/2005	217	MOTION to Seal Submission of agent and atty rough notes by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, Donald Bills. (BST, ) (Entered: 03/10/2005)
03/09/2005	218	Sealed Document (submission of rough notes) (BST, ) (Entered: 03/10/2005)
03/10/2005	216	ORDER as to McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, Donald Bills that by 3/17/05 the gov't is to submit to the court in camera a list of any portions of the rough notes of agents or attys to which it objects. Signed by Judge Robert B Propst on 3/9/2005. (BST, ) (Entered: 03/10/2005)
03/10/2005		ORDER granting 217 Motion to Seal Document as to McWane, Inc (1), James Delk (2), Michael Devine (3), Charles "Barry" Robison (4), Donald Bills (5). Signed by Judge Robert R Armstrong on 3/9/2005. (BST, ) (Entered: 03/10/2005)
03/10/2005	219	MEMORANDUM AND ORDER as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re cases this court will be considering with regard to rough notes of agents & attys; certain ddl apply as set out. Signed by Judge Robert B Propst on 3/10/05. (DWC, ) (Entered: 03/10/2005)
03/10/2005	220	RESPONSE to by McWane, Inc as to McWane, Inc, James Delk, Michael Devine re 206 March 3, 2005 Order (Selden, Jack) (Entered: 03/10/2005)
03/10/2005	221	MOTION to Amend/Correct 200 Order,, by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Selden, Jack) (Entered: 03/10/2005)
03/10/2005	222	BILL OF PARTICULARS for false statement count 24 by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 200 (Posey, Robert) Modified on 3/11/2005 (BST, ). (Entered: 03/10/2005)
03/10/2005	223	BILL OF PARTICULARS for obstruction count 25 by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry" Robison, Donald Bills re 204 (Posey, Robert) Modified on 3/11/2005 (BST, ). (Entered: 03/10/2005)
03/10/2005	224	MOTION for Reconsideration re 200 Order,, Motion to Reconsider Order Granting Evidentiary Hearing on Defendants Motion to Suppress by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Posey, Robert) (Entered: 03/10/2005)
03/11/2005		ORDER granting 221 Motion to Modify Order of 3/1/05 (Doc #200). Signed by Judge Robert B Propst on 3/11/05. (SCL, ) (Entered: 03/11/2005)
03/11/2005		MOTIONS as to dfts REFERRED to Magistrate Judge: Armstrong 224 MOTION for Reconsideration; Magistrate Judge is to rule on this motion and allow time for objections before conducting the evidentiary hearing (by RBP) (SCL, ) (Entered: 03/11/2005)
03/11/2005	225	MOTION for Limited Relief re 136 Order,,, and Notice to Court of Pending Unresolved Motions and Other Anticipated Issues by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3)(Selden, Jack) (Entered: 03/11/2005)
03/11/2005	226	MOTION in Limine by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Posey, Robert) (Entered: 03/11/2005)
03/11/2005	227	RESPONSE to by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 224 United States' Motion to Reconsider Order Granting Evidentiary Hearing on Motion to Suppress (Attachments: # 1 Exhibit 1)(Selden, Jack) (Entered: 03/11/2005)
03/11/2005	228	MOTION in Limine (Consolidated) by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Selden, Jack) (Entered: 03/11/2005)
03/14/2005	229	ORDER to expand on the court's ruling as to dfts' pretrial motion #1 filed on 9/23/2004 as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 90 Motion to Dismiss filed by McWane, Inc, . Signed by Judge Robert B Propst on 3/14/05. (HBB, ) (Entered: 03/14/2005)
03/14/2005	230	ORDER DENIED dft's pretrial motion #4 as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 88 Motion to Dismiss filed by Michael Devine, . Signed by Judge Robert B Propst on 3/14/05. (HBB, ) (Entered: 03/14/2005)
03/14/2005	231	MEMORANDUM re:to vaious motions for bills of particular which may have been denied as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills . Signed by Judge Robert B Propst on 3/14/05. (HBB, ) (Entered: 03/14/2005)
03/15/2005	232	RESPONSE to Motion by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 225 MOTION Government's Response to Defendants' Motion for Limited Relief (Posey, Robert) (Entered: 03/15/2005)
03/16/2005	233	ORDER re 224 MOTION for Reconsideration filed by United States of America, as to McWane, Inc (1), James Delk (2), Michael Devine (3), Charles "Barry&quo Robison (4), Donald Bills (5) is DENIED . Signed by Judge Robert R Armstrong on 3/16/05. (DWC, ) cm; faxed to Krakoff, Gillette (Entered: 03/16/2005)
03/16/2005	234	RESPONSE to by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 172 Suppression Hearing Brief of United States (Posey, Robert) (Entered: 03/16/2005)
03/17/2005	235	REPLY TO RESPONSE to Motion by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 225 MOTION for Limited Relief (Selden, Jack) (Entered: 03/17/2005)
03/17/2005		Minute Entry for proceedings held before Judge Robert R Armstrong :Suppress Hearing as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills held on 3/17/2005; C. Costantini; K. Cassidy, usdoj present; R. Posey, ausa present; D. Jones, J. Selden and F. Gale, present for deft McWane; gov't offered testimony; exhibits 1 thru 7 offered and admitted; gov't rest; deft offered testimony; deft offered and admitted exhibits 1 thru 25; deft rest; hrg adj. (Court Reporter Pat Gass & Shanetta Sinkfield.) (SLF, ) Modified on 3/21/2005 (SLF, ). (Entered: 03/18/2005)
03/17/2005	237	MOTION to Seal document by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (DWC, ) (Entered: 03/18/2005)
03/17/2005		ORDER granting 237 Motion to Seal as to McWane, Inc (1), James Delk (2), Michael Devine (3), Charles "Barry&quo Robison (4), Donald Bills (5). Signed by Judge Robert R Armstrong on 3/17/05. (DWC, ) (Entered: 03/18/2005)
03/17/2005	238	Sealed Document Response by USA (Attachments: # 1 1# 2 2)(DWC, ) (Entered: 03/18/2005)
03/18/2005	236	Joint MOTION Joint Reply to United States' Bill of Particulars Regarding Count 24 re 222 Response by McWane, Inc as to McWane, Inc, Charles "Barry&quo Robison. (Selden, Jack) (Entered: 03/18/2005)
03/18/2005	239	RESPONSE in Opposition by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 226 MOTION in Limine of United States (Attachments: # 1 Exhibit 1)(Selden, Jack) (Entered: 03/18/2005)
03/18/2005	240	RESPONSE to by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills Response to Motion in Limine (Attachments: # 1)(Cassidy, Kevin) (Entered: 03/18/2005)
03/21/2005	241	NOTICE (Joint) of Defendants and United States of America of Submission of Proposed Juror Questionnaire (Selden, Jack) (Entered: 03/21/2005)
03/22/2005	242	RESPONSE to by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills Suppression Post-Hearing Brief (Cassidy, Kevin) (Entered: 03/22/2005)
03/23/2005	243	TRANSCRIPT of Proceedings as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills held on March 17, 2005 before Judge Armstrong. Court Reporter: C. Sinkfield. [Contact Court Reporter for copy of transcript] (103 pages) (Attachments: # 1 Signature Page) (HBB, ) (Entered: 03/23/2005)
03/24/2005	244	NOTICE Defendants' Joint Supplemental Brief in Support of Defendants' Motion to Suppress (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Selden, Jack) (Entered: 03/24/2005)
03/24/2005	245	MEMORANDUM OPINION as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills . Signed by Judge Robert B Propst on 3/24/05. (HBB, ) (Entered: 03/25/2005)
03/24/2005	246	ORDER in accordance with a contemporaneously filed Memorandum Opinion 245 denies 90 Motion to Dismiss as to McWane, Inc (1), James Delk (2), Michael Devine (3), Charles "Barry&quo Robison (4), Donald Bills (5). Signed by Judge Robert B Propst on 3/24/05. (HBB, ) (Entered: 03/25/2005)
03/24/2005	247	TRANSCRIPT of Motion Hearing as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills held on February 28, 2005 before Judge Propst. Court Reporter: Karla Johnson. [Contact Court Reporter for copy of transcript] (151 pages) (HBB, ) (Entered: 03/25/2005)
03/25/2005	248	MEMORANDUM re "Jury Questionaire" as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills . Signed by Judge Robert B Propst on 3/25/05. (HBB, ) (Entered: 03/25/2005)
03/25/2005	249	ORDER with summary of requirements and DEADLINES set out as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills . Signed by Judge Robert B Propst on 3/25/05. (HBB, ) (Entered: 03/25/2005)
03/28/2005	250	TRANSCRIPT of Suppression Hearing as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills held on 3/17/05 before Judge Armstrong. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (108 pages) (HBB, ) (Entered: 03/28/2005)
03/28/2005	251	RESPONSE to by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills re 198 United States' Submission of Proposed Substantive Jury Instructions Stating the Essential Elements (Selden, Jack) (Entered: 03/28/2005)
03/28/2005	252	NOTICE Defendants' Proposed Substantive Jury Instructions (Selden, Jack) (Entered: 03/28/2005)
04/01/2005	253	RESPONSE to by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills Submission Regarding Co-Conspirator Statements (Cassidy, Kevin) (Entered: 04/01/2005)
04/01/2005	254	TRANSCRIPT of Proceedings as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills held on 10/29/04 Telephone Conf before Judge Propst. Court Reporter: Karla Johnson. [43pgs] [Contact Court Reporter for copy of transcript] (DWC, ) (Entered: 04/01/2005)
04/01/2005	255	Joint MOTION Limited Protective Order and to Seal Rough Notes by McWane, Inc as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Selden, Jack) (Entered: 04/01/2005)
04/04/2005		ORDER granting and so ordering 255 Motion (joint) for protective order/to seal rough notes. Signed by Judge Robert B Propst on 4/4/05. (SCL, ) (Entered: 04/04/2005)
04/04/2005	256	ORDER that notwithstanding provisions of joint response to order and motion re jury selection 169 and the court's order 170 , court advises parties that number of additional peremptory jury strikes provided for therein may be reduced depending on number of available jurors after qualification and excuses . Signed by Judge Robert B Propst on 4/4/05. (JLM, ) (Entered: 04/04/2005)
04/05/2005	257	MOTION in Limine Regarding Rough Notes by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Posey, Robert) (Entered: 04/05/2005)
04/05/2005	258	MOTION to Seal Document Supplemental Submission of Agent and Attorney Rough Notes by United States of America as to McWane, Inc, James Delk, Michael Devine, Charles "Barry&quo Robison, Donald Bills. (Posey, Robert) (Entered: 04/05/2005)
04/06/2005	259	ORDER that at the 4/11/05 conference, the parties should bring highlighted copies of any cases which throw light on Counts 2-22 as set. Signed by Judge Robert B Propst on 4/6/05. (JLM, ) (Entered: 04/06/2005)
04/07/2005	260	REPORT AND RECOMMENDATION that motion of defendants to suppress warrantless administrative inspection of the McWane facility conducted April 25-27, 2000, be denied 172 . Signed by Judge Robert R Armstrong on 4/7/05. (JLM, ) (Entered: 04/07/2005)
04/07/2005	261	ORDER with attached draft of proposed jury instructions as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills; The parties will bring to the conference on April 11 written objections, proposed additions and proposed changes. Signed by Judge Robert B Propst on 4/7/05. (Attachments: # 1 Court's Instructions) (HBB, ) (Entered: 04/07/2005)
04/08/2005	262	RESPONSE to by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 253 Co-conspirator Statements (Selden, Jack) (Entered: 04/08/2005)
04/08/2005	263	RESPONSE to by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 257 Motion in Limine Regarding Rough Notes (Selden, Jack) (Entered: 04/08/2005)
04/08/2005	264	REPLY TO RESPONSE to Motion by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 228 MOTION in Limine of Defendants (Attachments: # 1 Exhibit 1# 2)(Selden, Jack) (Entered: 04/08/2005)
04/11/2005	265	SEALED ORDER as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills filed at the direction of the court. Signed by Judge Robert B Propst on 4/11/05. (DWC, ) (Entered: 04/11/2005)
04/11/2005	266	SEALED ORDER as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills filed at the direction of the court. Signed by Judge Robert B Propst on 4/11/05. (DWC, ) (Entered: 04/11/2005)
04/11/2005	267	Sealed Document filed at the direction of the court (DWC, ) (Entered: 04/11/2005)
04/11/2005	268	Sealed Document as to all dfts filed at the direction of the court (DWC, ) (Entered: 04/11/2005)
04/11/2005	269	RESPONSE to by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 261 United States' Response to Court's Proposed Jury Instructions (Attachments: # 1 Proposed Jury Instructions)(Posey, Robert) (Entered: 04/11/2005)
04/11/2005	270	RESPONSE to by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 261 Court's Proposed Jury Instructions (Selden, Jack) (Entered: 04/11/2005)
04/11/2005		Minute Entry for proceedings held before Judge Robert B Propst : In-court hearing held on pending issues (Court Reporter Karla Johnson.) (SCL, ) (Entered: 04/12/2005)
04/12/2005	271	ORDER that by 4/15/05, parties will file responses to the other side's response to the court's draft instructions; court makes additional suggestions as set out to which parties may respond. Signed by Judge Robert B Propst on 4/12/05. (JLM) (Entered: 04/12/2005)
04/13/2005	272	RESPONSE in Opposition by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 171 MOTION to Dismiss Submission of Authorities and Argument in Opposition to Defs Motion In Limine Regarding EPA Test Method 1664 (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13)(Cassidy, Kevin) (Entered: 04/13/2005)
04/14/2005	273	Second MOTION in Limine to Exclude Irrelevant Expert Testimony by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Attachments: # 1 # 2 # 3)(Cassidy, Kevin) (Entered: 04/14/2005)
04/14/2005	274	MOTION Defendants' Joint Submission of Authorities by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (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# 12 Exhibit 12)(Selden, Jack) (Entered: 04/14/2005)
04/15/2005	275	ORDER that parties be available to discuss further legal issues following jury qualification on morning of 4/25/05; parties should particularly be prepared to discuss USA v. Wilson . Signed by Judge Robert B Propst on 4/15/05. (JLM, ) (Entered: 04/15/2005)
04/15/2005	276	RESPONSE to by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 271 United States' Submission and Response to Court Order (Ct. Doc. 271) (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Selden, Jack) (Entered: 04/15/2005)
04/20/2005	277	MEMORANDUM OPINION AND ORDER as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills: court will instruct jury as set out; to extent that dfts have moved to dismiss on this basis, motion is denied; Signed by Judge Robert B Propst on 4/20/2005. (KWC) (Entered: 04/20/2005)
04/20/2005	278	MEMORANDUM OPINION and ORDER re issue of what constitues a "pending proceeding" under 18:1505 with reference to Count 25 of indictment; Motion to Dismiss Count 25 is denied without prejudice to further motions at trial. Signed by Judge Robert B Propst on 4/20/05. (JLM, ) (Entered: 04/20/2005)
04/20/2005	279	MEMORANDUM OPINION and ORDER that to extent motion(s) to dismiss Counts 2-23 are based on the mens rea issue, they are DENIED without prejudice; court will further address the issue at trial with regard to instructions, etc. Signed by Judge Robert B Propst on 4/20/05. (JLM, ) (Entered: 04/20/2005)
04/20/2005	280	RESPONSE to by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 273 United States' Submission in Support of Motion in Limine Regarding Irrelevant Expert Witness Testimony (Selden, Jack) (Entered: 04/20/2005)
04/20/2005	281	ORDER re "testing" issue applicable to Count 23 as set out; parties should bring highlighted copy of the permit language to the 4/25/05 hearing . Signed by Judge Robert B Propst on 4/20/05. (JLM, ) (Entered: 04/20/2005)
04/20/2005	282	MEMORANDUM OPINION and ORDER re Counts 24 and 25; oral responses to inquiries by EPA and/or ADEM officials would be deemed "testimonial" under Crawford v. Washington as set out; business records are not so governed (see United States v. Garnett) . Signed by Judge Robert B Propst on 4/20/05. (JLM, ) (Entered: 04/20/2005)
04/20/2005	283	MEMORANDUM OPINION and ORDER re jury instructions; the court makes the present rulings as set out, subject to change only on citation of clearly controlling law to the contrary. Signed by Judge Robert B Propst on 4/20/05. (JLM, ) (Entered: 04/20/2005)
04/20/2005	284	MEMORANDUM OPINION setting out procedures if the dfts take the position that a witness' testimony is contrary to a written note of a Government attorney as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills; The parties may wish to prepare agreed upon typed transcripts of truly pertinent notes taken by agents or attorneys. . Signed by Judge Robert B Propst on 4/20/05. (HBB, ) (Entered: 04/20/2005)
04/21/2005	285	MEMORANDUM OPINION that court will not dismiss Count 24, but will hold government to such proof and will so instruct the jury; re the two dates, the government will be required to prove false certifications as to both dates or as to one selected date (9/15/00) but will not be allowed to prove in the disjunctive on an either/or basis; two separate offenses are charged 173 . Signed by Judge Robert B Propst on 4/21/05. (JLM, ) (Entered: 04/21/2005)
04/22/2005	286	MEMORANDUM OPINION for further reference with regard to the Count 25 "pending proceeding" issue, as set out. Signed by Judge Robert B Propst on 4/20/05. (JLM, ) (Entered: 04/22/2005)
04/22/2005	287	MEMORANDUM OPINION and ORDER that parties should be aware that a number of opinions expressed by the court are merely preliminary and not rulings as such; when court begins jury qualification process on 4/25/05, it may excuse some jurors; if attorneys wish to object, they should be present; attorneys should advise court by 4/27/05 if questionnaire answers reveal jurors who should be excused; by 4:00 pm on 4/22/05 parties are to fax to court a list of matters which court has not ruled on and which should be ruled on prior to trial. Signed by Judge Robert B Propst on 4/22/05. (JLM) (Entered: 04/22/2005)
04/25/2005	288	MOTION for Reconsideration re 278 Memorandum Opinion,, Order,, 246 Order on Motion to Dismiss, by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Selden, Jack) (Entered: 04/25/2005)
04/25/2005	289	RESPONSE to by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills United States' Consolidated Response to Preliminary Court Rulings (Attachments: # 1 Appendix NPDES Permit for McWane Cast Iron Pipe Co.# 2 Appendix 40 CFR 36.1# 3 Appendix Letter dtd 7-1-99 from Olivia Jenkins to Alan Truitt re attached sample results)(Cassidy, Kevin) (Entered: 04/25/2005)
04/25/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Questionnaire as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 4/25/2005 (Court Reporter Karla Johnson.) (SCL, ) (Entered: 04/25/2005)
04/25/2005		Minute Entry for proceedings held before Judge Robert B Propst on all pending issues before the court as to dfts : (Court Reporter Karla Johnson.) (SCL, ) (Entered: 04/25/2005)
04/28/2005		Minute Entry for proceedings held before Judge Robert B Propst :Voir Dire continued from 4/25/05 w/juror questionnaires on 4/28/2005 (Court Reporter Karla Johnson.) (SCL, ) (Entered: 04/28/2005)
04/28/2005	290	MOTION in Limine to Preclude the Government from Using his Notebooks Against him at Trial by Charles Barry Robison. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Sultan, Ilana) (Entered: 04/28/2005)
04/29/2005	291	MOTION to Quash Subpoena and for Protective Order by Storm Water Management Authority, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Bonds, Emily) (Entered: 04/29/2005)
04/29/2005	292	Second MOTION to Quash Subpoena Issued to the Alabama Department of Environmental Management, and Motion for Protective Order by Alabama Department of Environmental Management as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Patty, Rebecca) (Entered: 04/29/2005)
04/29/2005	293	Joint MOTION to Compel Production of FRCP 17(c) Materials (SWMA) by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Attachments: # 1 Exhibit 1)(Selden, Jack) (Entered: 04/29/2005)
04/29/2005	294	Joint MOTION to Compel Production of FRCP 17(c) Materials (ADEM) by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Attachments: # 1 Exhibit 1)(Selden, Jack) (Entered: 04/29/2005)
04/29/2005	295	NOTICE Regarding Joint Stipulations (Cassidy, Kevin) (Entered: 04/29/2005)
04/29/2005	296	MOTION in Limine Regarding Defendants' Use of Computer Animation in Opening Statements by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Cassidy, Kevin) (Entered: 04/29/2005)
04/29/2005	297	TRIAL BRIEF by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills (Cassidy, Kevin) (Entered: 04/29/2005)
04/29/2005	298	PRETRIAL MEMORANDUM In Support of United States RCO Jury Instruction by McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills (Attachments: # 1 Exhibit A - Hansen# 2 Exhibit B - Iverson)(Cassidy, Kevin) (Entered: 04/29/2005)
05/02/2005	299	MOTION to Compel Production of FRCP 16(a)(1) Materials by McWane, Inc.. (Selden, Jack) (Entered: 05/02/2005)
05/02/2005	300	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 4/11/05 before Judge Propst. Court Reporter: Karla S Johnson. [Contact Court Reporter for copy of transcript] [175 pgs] (DWC, ) (Entered: 05/02/2005)
05/02/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury voir dire continuing as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/2/2005 (Court Reporter Karla Johnson.) (SCL, ) (Entered: 05/03/2005)
05/03/2005		MOTIONS as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills REFERRED to Magistrate Judge Armstrong: 293 MOTION to Compel, 291 MOTION to Quash, 292 MOTION to Quash (SCL, ) (Entered: 05/03/2005)
05/03/2005	301	Jury Strikes of United States of America filed in open court (SCL, ) (Entered: 05/03/2005)
05/03/2005	302	Jury Strikes of McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills filed in open court. (SCL, ) (Entered: 05/03/2005)
05/03/2005	303	MEMORANDUM OPINION and ORDER re motion in limine of Charles "Barry" Robinson filed 4/28/05 to preclude Government from using his notebooks against him at trial 290 ; Robinson was never compelled by Government to produce notes; there being no violation resulting from introduction of notes into evidence, notes will be redacted to eliminate personal information; for reasons set out, motion is otherwise denied. Signed by Judge Robert B Propst on 5/3/05. (JLM, ) (Entered: 05/03/2005)
05/03/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/3/2005; Jury selection - jury strikes of gov't & dfts filed in open court - jury announced - opening stmts - govt's testimony - daily adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/04/2005)
05/04/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/govt's testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/4/2005; daily adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/05/2005)
05/05/2005	304	ORDER as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 294 MOTION to Compel, 292 MOTION to Quash filed by Alabama Department of Environmental Management, Hearing on said motions set for Monday, 5/9/2005 09:30 AM in Courtroom 2B before Magistrate-Judge Robert R Armstrong.. Signed by Judge Robert R Armstrong on 5/5/05. (HBB, ) (Entered: 05/05/2005)
05/05/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/govt's testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/5/2005; daily adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/06/2005)
05/06/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/govt's testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/6/2005; daily adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/09/2005)
05/07/2005	305	MOTION to Quash Defendants' Subpoena for Personnel Records by United States Environmental Protection Agency, Region 4 as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Posey, Robert) (Entered: 05/07/2005)
05/08/2005	306	RESPONSE to by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 297 United States Trial Brief (Selden, Jack) (Entered: 05/08/2005)
05/08/2005	307	Joint MOTION in Limine Regarding Michael Mitchell Litigation by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Selden, Jack) (Entered: 05/08/2005)
05/08/2005	308	Joint MOTION in Limine Regarding RCRA Issues by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Selden, Jack) (Entered: 05/08/2005)
05/08/2005	309	Joint MOTION to Compel Production of FRCP 17(c) Materials (EPA) by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Attachments: # 1 Exhibit 1)(Selden, Jack) (Entered: 05/08/2005)
05/08/2005	310	Joint MOTION to Compel Production of FRCP 17(c) Materials (JCES) by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Attachments: # 1 Exhibit 1)(Selden, Jack) (Entered: 05/08/2005)
05/08/2005	311	Joint MOTION in Limine Regarding Lay Opinion Testimony by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Selden, Jack) (Entered: 05/08/2005)
05/08/2005	312	Joint MOTION to Compel Production of FRCP 17(c) Materials (FBI) by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Attachments: # 1 Exhibit 1)(Selden, Jack) (Entered: 05/08/2005)
05/08/2005	313	Joint MOTION in Limine Regarding Termination of Guardian Systems, Inc. Inspection by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Selden, Jack) (Entered: 05/08/2005)
05/09/2005	314	Joint MOTION in Limine to Exclude Testimony by Kevin Cavender by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Selden, Jack) (Entered: 05/09/2005)
05/09/2005	315	ORDER re defendants' motion to compel production 294 , SWMA's motion to quash 291 and ADEM's motion to quash 292 ; AL Dept of Environmental Mgmt is to produce personnel files under SEAL as set out in subpoea of 4/29/05 except file of Rowell to chambers of undersigned no later than 10:00 Thurs 5/12/05; Storm Water Mgmt Auth is to produce personnel files of the 3 persons named in subpoena, Burwinkle, McKinney, and Tew, which have now been delivered under SEAL to chambers of undersigned; court will conduct in camera inspection and if files should be revealed to defendants, a protective order will be entered; government agreed if court finds no such materials, the personnel files should be returned to submitting agencies. Signed by Judge Robert R Armstrong on 5/9/05. (JLM) (Entered: 05/09/2005)
05/09/2005		Minute Entry for proceedings held before Judge Robert R Armstrong :Motion Hearing as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/9/2005 re 293 MOTION to Compel, 291 MOTION to Quash filed by Storm Water Management Authority, Inc., 294 MOTION to Compel, 292 MOTION to Quash filed by Alabama Department of Environmental Management, Emily Bonds present for SWMA; Rebecca Patty present for ADEM; Jack Selden and J. Alan Truitt present for defts;Written order to be entered by the cour; hrg adj. (Court Reporter Christina Decker.) (SLF, ) (Entered: 05/09/2005)
05/09/2005	316	Objections by United States of America to the court's Proposed Jury Insturctions as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills (Attachments: # 1 Exhibit A-Sinskey Instructions# 2 Exhibit B-Court's Revised Instructions)(Cassidy, Kevin) Modified text on 5/10/2005 (DWC, ). (Entered: 05/09/2005)
05/09/2005	317	MOTION for Hearing re Defendants' Proposed Expert Witnesses by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Cassidy, Kevin) (Entered: 05/09/2005)
05/09/2005	318	RESPONSE to by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 298 Defendants' Objections to Revised Proposed Jury Instructions and Response to United States' Memorandum of Law in Support of the Responsible Corporate Officer Jury Instruction (Selden, Jack) (Entered: 05/09/2005)
05/09/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/govt's testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/9/2005; daily adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/10/2005)
05/10/2005		ORDER denying 311 Motion in Limine as to dfts, but see discussion on record of 5/20/05. Signed by Judge Robert B Propst on 5/10/05. (SCL, ) (Entered: 05/10/2005)
05/10/2005		ORDER granting 313 Motion in Limine as to dfts. Signed by Judge Robert B Propst on 5/10/05. (SCL, ) (Entered: 05/10/2005)
05/10/2005		ORDER regarding 308 Motion in Limine as to dfts; see ruling on record discussion of 5/10/05. Signed by Judge Robert B Propst on 5/10/05. (SCL, ) (Entered: 05/10/2005)
05/10/2005		ORDER regarding 314 Motion in Limine as to to dfts; this matter will be resolved by Daubert hearing if necessary; see discussion on record of 5/10/05. Signed by Judge Robert B Propst on 5/10/05. (SCL, ) (Entered: 05/10/2005)
05/10/2005	319	ORDER as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills the court has decided not to conduct in camera inspection of any other personnel files; the dfts may search for exculpatory or credibility evidence in the ADEM files yet to be submitted to the court under certain conditions as set out; re 315 Order re personnel files submitted by SWMA. Signed by Judge Robert R Armstrong on 5/10/05. (DWC, ) (Entered: 05/10/2005)
05/10/2005	320	ORDER as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills The US Enviromental Protection Agency's Motion to Quash 305 is set for a hearing on 5/12/2005 09:30 AM before Magistrate-Judge Robert R Armstrong.. Signed by Judge Robert R Armstrong on 5/10/05. (HBB, ) (Entered: 05/10/2005)
05/10/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/10/2005; due to illness of dfts' counsel, case in recess until 5/11/05 (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/11/2005)
05/11/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/govt's testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/11/2005; daily adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/12/2005)
05/12/2005		Minute Entry for proceedings held before Judge Robert R Armstrong :Motion Hearing as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/12/2005 re 305 MOTION to Quash Defendants' Subpoena for Personnel Records filed by United States Environmental Protection Agency, Region 4, Richard Glaze, present on behalf of EPA; Jack Selden and J. Alan Truitt, present for the defts; arguments by EPA; EPA's exhibits A thru F offered and admitted; defts arguments; Written Order to be entered; hrg adj. (Court Reporter Kim Hoff.) (SLF, ) (Entered: 05/12/2005)
05/12/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing as to govt's testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/12/2005; daily adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/13/2005)
05/13/2005	321	ORDER as set out re: arguments heard in open court on 5/12/2005GRANTING 305 Motion of United States Enviromental Protection Agency Region 4, to Quash and DENYING 307 Joint motion to compel production of FRCP (17(c)Materials (EPA) as to McWane, Inc. (1), James Delk (2), Michael Devine (3), Charles Barry Robison (4), Donald Bills (5). Signed by Judge Robert R Armstrong on 5/13/05. (HBB, ) (Entered: 05/13/2005)
05/13/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing as to govt's testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/13/2005; daily adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/16/2005)
05/16/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing as to govt's testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/16/05; hrg adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/17/2005)
05/17/2005		ORDER granting 314 Motion in Limine as to dfts. Signed by Judge Robert B Propst on 5/17/05. (SCL, ) (Entered: 05/17/2005)
05/17/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/govt's testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/17/2005; daily adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/18/2005)
05/18/2005	322	MEMORANDUM (ORDER) as to McWane Inc, James Delk, Michael Devine, Charles "Barry" Robison and Donald Bills that parties are advised that this court expects to follow cases of US v Feola, US v. Hopkins, US v. Kelly Technical Coatings, and US v. Weitzenhoff re 'mens rea' issues unless parties provide court with controlling contrary authority before 5/25/05 (also see US v. Sinskey). Signed by Judge Robert B Propst on 5/18/05. (JLM, ) (Entered: 05/18/2005)
05/18/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/govt's testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/18/2005; daily adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/19/2005)
05/19/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/govt's testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/19/2005; daily adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/20/2005)
05/20/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/govt's testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/20/2005; hrg adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/23/2005)
05/23/2005	323	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on the afternoon of April 25, 2005 before Judge Robert B. Propst. Court Reporter: Karla Johnson. [Contact Court Reporter for copy of transcript] (KWC) (Entered: 05/23/2005)
05/23/2005	324	Joint MOTION in Limine in Limine to Exclude the Government's "Summary Chart" by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Selden, Jack) (Entered: 05/23/2005)
05/23/2005	325	Joint MOTION to Exclude all Laboratory Test Results from the ADEM Birmingham Laboratory by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Selden, Jack) (Entered: 05/23/2005)
05/23/2005	326	MOTION for Acquittal of Count 1 by Charles Barry Robison. (Sultan, Ilana) (Entered: 05/23/2005)
05/23/2005	327	MOTION Judgment of Acquittal as to Count 25 (Obstruction of Justice) and to Partially Strike Count 1 (Conspiracy) by McWane, Inc.. (Selden, Jack) (Entered: 05/23/2005)
05/23/2005	328	Joint MOTION for Judgment of Acquittal as to Count 24 (False Statement) and to Partially Strike Count 1 (Conspiracy) by McWane, Inc. as to McWane, Inc., Charles Barry Robison. (Selden, Jack) (Entered: 05/23/2005)
05/23/2005	329	Joint MOTION Judgment of Acquittal as to Count 23 (Clean Water Act) by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine. (Selden, Jack) (Entered: 05/23/2005)
05/23/2005	330	Joint MOTION Judgment of Acquittal as to Count 1 (Conspiracy) by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison. (Selden, Jack) (Entered: 05/23/2005)
05/23/2005	331	Joint MOTION Judgment of Acquittal as to Counts 2-22 (Clean Water Act) by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine. (Selden, Jack) (Entered: 05/23/2005)
05/23/2005	332	MOTION for Acquittal by Donald Bills. (Dowd, Augusta) (Entered: 05/23/2005)
05/23/2005	333	Supplemental MOTION for Acquittal on Count 24 by Charles Barry Robison as to McWane, Inc., Charles Barry Robison. (Sultan, Ilana) (Entered: 05/23/2005)
05/23/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/govt's testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/23/2005; order (oral) dismissing charges against dft Donald Bills in count 1 (only dft charged in ct 1) - order (oral) dismissing count 23 against all dfts - order (oral) dismissing count 25 (dft McWane, Inc. only dft) - order (oral) denying dft McWane, Inc.'s motion to dismiss as to cts 1-22; order (oral) reserving ruling on count 24 as to dft McWane, Inc. & Robison - order (oral) reserving ruling as to all other motions by individual dfts at to cts 1-22; daily adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/24/2005)
05/24/2005	334	MEMORANDUM as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re Count 25 . Signed by Judge Robert B Propst on 5/24/05. (DWC, ) (Entered: 05/24/2005)
05/24/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/dfts' testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, held on 5/24/2005 (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/26/2005)
05/25/2005	335	MOTION in Limine to Prohibit Defendants from Presenting Expert Witness Testimony by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Cassidy, Kevin) (Entered: 05/25/2005)
05/25/2005	336	RESPONSE to by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison re 322 Court's Memorandum Opinion Regarding Clean Water Act Mens Rea Jury Instruction (Selden, Jack) (Entered: 05/25/2005)
05/26/2005	337	RESPONSE to by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills to Defendants' Rule 29 Motions (Cassidy, Kevin) (Entered: 05/26/2005)
05/26/2005	341	Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/dfts' testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison held on 5/26/2004; Daubert hrg held outside presence of jury - hrg cont'd to 5/27/05; daily adj (Court Reporter Pat Gass.) (SCL, ) Modified on 1/10/2007 (SCL, ). (Entered: 05/31/2005)
05/27/2005	338	RESPONSE to by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills United States' Amended Summary of Evidence (Cassidy, Kevin) (Entered: 05/27/2005)
05/27/2005		Minute Entry for proceedings held before Judge Robert B Propst :Daubert Hearing as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison held on 5/27/2005 - taken u/submission - hrg adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 05/31/2005)
05/30/2005	339	MOTION in Limine Regarding Defense Expert Testimony by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Cassidy, Kevin) (Entered: 05/30/2005)
05/31/2005	340	Supplemental MOTION for Acquittal of Count 1 by Charles Barry Robison. (Sultan, Ilana) (Entered: 05/31/2005)
05/31/2005		ORDER denying as to McWane, Inc., James Delk, Michael Devine re 86 Motion to Dismiss filed by James Delk, . Signed by Judge Robert B Propst on 5/31/2005. (SCL, ) (Entered: 05/31/2005)
05/31/2005		ORDER denying 87 Joint Motion to dismiss counts 1-23 as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison . Signed by Judge Robert B Propst on 5/31/2005. (SCL, ) Modified text on 5/31/2005 (DWC, ). (Entered: 05/31/2005)
05/31/2005		ORDER denying 88 Joint Motion to dismiss counts 1-22 as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison . Signed by Judge Robert B Propst on 5/31/2005. (SCL, ) Modified text on 5/31/2005 (DWC, ). (Entered: 05/31/2005)
05/31/2005	342	Second MOTION for Acquittal as to Count 24 (False Statement) and to Partially Strike Count 1 (Conspisracy) by McWane, Inc. as to McWane, Inc., Charles Barry Robison. (Selden, Jack) (Entered: 05/31/2005)
05/31/2005	343	Third MOTION in Limine Regarding RCRA Issues by McWane, Inc.. (Selden, Jack) (Entered: 05/31/2005)
05/31/2005	344	TRIAL BRIEF by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills (Cassidy, Kevin) (Entered: 05/31/2005)
05/31/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/dfts' testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison held on 5/31/05; hrg adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 06/01/2005)
06/01/2005		ORDER granting in part 343 Motion in Limine as to McWane, Inc. (1); see discussion on record. Signed by Judge Robert B Propst on 5/31/05. (SCL, ) (Entered: 06/01/2005)
06/01/2005	345	Supplemental MOTION for Acquittal as to Counts 2-11 (Clean Water Act) by Michael Devine. (Helmsing, Frederick) (Entered: 06/01/2005)
06/01/2005		ORDER terminating 339 Motion in Limine; see ruling on record. Signed by Judge Robert B Propst on 6/1/05. (SCL, ) (Entered: 06/01/2005)
06/01/2005	346	MEMORANDUM as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, re: draft of proposed jury instructions; objs to the proposed instructions due on or before 6/1/05 . Signed by Judge Robert B Propst on 5/26/05. (DWC, ) (Entered: 06/01/2005)
06/01/2005	347	Second MOTION in Limine to Exclude the Government "Summary Chart" by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison. (Selden, Jack) (Entered: 06/01/2005)
06/01/2005	348	Third MOTION for Acquittal as to Count 24 (False Statement) and to Strike Portions of Count 1 (Conspiracy) by McWane, Inc. as to McWane, Inc., Charles Barry Robison. (Selden, Jack) (Entered: 06/01/2005)
06/01/2005	349	NOTICE United States' Rule 16 Discovery Report (Attachments: # 1 Appendix Appendix with Multiple Attachments to Discovery Report)(Cassidy, Kevin) (Entered: 06/01/2005)
06/01/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/dfts' testimony as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison held on 6/1/2005; dfts rest; govt's rebuttal - govt rests - hrg adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 06/02/2005)
06/02/2005	350	RESPONSE to by Charles Barry Robison re 344 United States' Memorandum of Fact and Law (Sultan, Ilana) (Entered: 06/02/2005)
06/02/2005		ORDER as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 89 Motion to Dismiss filed by Michael Devine, is DENIED-see separate order . Signed by Judge Robert B Propst on 6/2/05. (DWC, ) (Entered: 06/02/2005)
06/02/2005		ORDER as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 91 Motion to Dismiss filed by Donald Bills, is DENIED- no evidentiary hearing requestd . Signed by Judge Robert B Propst on 6/2/05. (DWC, ) (Entered: 06/02/2005)
06/02/2005		Minute Entry for proceedings held before Judge Robert B Propst :Hearing Out of Jury Presence on pending motion(s) & proposed jury charges as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison held on 6/2/2005; dft Robison's Rule 29 motion to dismiss ct 1 as to dft Robison - order (oral) granting motion; (Court Reporter Pat Gass/Karla Johnson.) (SCL, ) Modified on 6/8/2005 (SCL, ). Modified on 6/8/2005 (SCL, ). (Entered: 06/03/2005)
06/03/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/closing arguments as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison held on 6/3/2005; daily adj (Court Reporter Pat Gass.) (SCL, ) (Entered: 06/06/2005)
06/06/2005	351	MEMORANDUM as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison; re Arthur Andersen v. U.S., 2005 WL 1262-915 (U.S. Supreme Court 5-31-05) . Signed by Judge Robert B Propst on 6/6/2005. (DWC, ) (Entered: 06/06/2005)
06/06/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing as to McWane, Inc., James Delk, Charles Barry Robison held on 6/6/2005; Agreed upon redacted superseding indictment filed as court's exhibit #14; ct's jury charges - jury deliberations; daily adj (Court Reporter Pat Gass.) (SCL, ) Modified on 12/13/2005 (SCL, ). (Entered: 06/07/2005)
06/08/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/jury deliberations as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison held on 6/7/05; daily adj (Court Reporter Karla Johnson.) (SCL, ) (Entered: 06/08/2005)
06/08/2005		DISMISSAL OF COUNT 1 on dft Robison's (oral and written) Rule 29 Motion and granted by the court as to Charles Barry Robison on 6/2/05 (SCL, ) Modified on 6/8/2005 (SCL, ). Modified on 8/22/2005 (SCL, ). (Entered: 06/08/2005)
06/09/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/jury deliberations as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison held on 6/8/05; daily adj (Court Reporter Karla Johnson.) (SCL, ) (Entered: 06/09/2005)
06/10/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/jury deliberations as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison held on 6/9/05 (Court Reporter Karla Johnson.) (SCL, ) (Entered: 06/10/2005)
06/10/2005	352	Joint MOTION for Acquittal as to Count 23 (False Statement) by McWane, Inc. as to McWane, Inc., Charles Barry Robison. (Selden, Jack) (Entered: 06/10/2005)
06/10/2005		Minute Entry for proceedings held before Judge Robert B Propst :Jury Trial continuing w/jury deliberations as to McWane, Inc., James Delk, Charles Barry Robison held on 6/10/05; jury verdict(s) finding dft Devine guilty as to cts 1-3, 5, 7-10 and not guilty as to cts 4, 6; finding dft Robison guilty as to ct 23; finding dft Delk guilty as to cts 1-3, 5, 7-19, and 21-22 and not guilty as to cts 4, 6 and 20; finding dft McWane, Inc. guilty as to cts 1-3, 5, 7-19, 21-23 and not guilty as to cts 4, 6 and 20; Jury discharged - sentencing hrg set on all dfts 10/25/05 at 8:30; dfts cont'd on bond pending sentencing; hrg adj (Court Reporter Karla Johnson.) (SCL, ) (Entered: 06/13/2005)
06/10/2005	353	JURY VERDICT as to McWane, Inc. (1) Guilty on Counts 1s-3s; 5s; 7s-19s; 21s-23s; (1) Not Guilty on Count 4s,6s,20s. (SCL, ) Additional attachment(s) added on 12/12/2005 (DWC, ). (Entered: 06/13/2005)
06/10/2005		JURY VERDICT as to Michael Devine (3) Guilty on Count 1s,2s,3s,5s,7s-10s; Not Guilty on Count 4s,6s. (SCL, ) (Entered: 06/13/2005)
06/10/2005		JURY VERDICT as to Charles Barry Robison (4) Guilty on Count 23s. (SCL, ) (Entered: 06/13/2005)
06/10/2005		JURY VERDICT as to James Delk (2) Guilty on Count 1s,2s-3s,5s,7s-11s,12s-19s,21s-22s; Not Guilty on Count 4s,6s,20s. (SCL, ) (Entered: 06/13/2005)
06/13/2005	354	ORDER as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison Sentencing set for Tuesday, 10/25/2005 08:30 AM before Judge Robert B Propst.. Signed by Judge Robert B Propst on 6/13/05. (HBB, ) (Entered: 06/13/2005)
06/14/2005	355	SUBMISSION ORDER as set out as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 352 MOTION for Acquittal filed by McWane, Inc., . Signed by Judge Robert B Propst on 6/14/05. (HBB, ) (Entered: 06/14/2005)
06/17/2005	356	ORDER that any post trial motions with deadlines as set out as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison are to be filed by 7/15/05. Signed by Judge Robert B Propst on 6/17/05. (HBB, ) (Entered: 06/17/2005)
07/05/2005	357	RESPONSE to Motion by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 352 MOTION for Acquittal (Posey, Robert) (Entered: 07/05/2005)
07/07/2005	358	Joint MOTION to Compel Production of Demonstrative Exhibits by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison. (Selden, Jack) (Entered: 07/07/2005)
07/08/2005		MOTIONS as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison REFERRED to Magistrate Judge: Robert Armstrong 358 MOTION to Compel (SCL, ) (Entered: 07/08/2005)
07/08/2005	359	TRANSCRIPT of Jury Trial (vol 1) as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 3, 2005 before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (208 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	360	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 4, 2005 (vol II) Jury Trial before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (Pgs 209-477=269 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	361	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 5, 2005 Jury Trial (vol III) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 478-704=227 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	362	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 6, 2005 Jury Trial (Vol IV) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 705-961=257 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	363	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 9, 2005 Jury Trial (vol 5) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 962-1249=288 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	364	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 10, 2005 Jury Trial (vol 6) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 1250-1292=43 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	365	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 11, 2005 Jury Trial (vol 7) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 1293-1522=230 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	366	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 12,2005 Jury Trial (vol 8) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 1523-1727=205 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	367	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 13, 2005 Jury Trial (vol 9) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 1728-1979=252 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	368	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 16, 2005 Jury Trial before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 1980-2214=235 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	369	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 17, 2005 Jury Trial (vol 11) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 2215-2506=292 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	370	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 18, 2005 Jury Trial (vol 12) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 2507-2776=270 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	371	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 19, 2005 Jury Trial (vol 13) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 2777-3033=257 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	372	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 20, 2005 Jury Trial (vol 14) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 3034-3286=253 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	373	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 23, 2005 Jury Trial (vol 15) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 3287-3480=194 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	374	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 24, 2005 Jury Trial (vol 16) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 3481-3731=251 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	375	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 26, 2005 Jury Trial before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 3732-3963=232 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	376	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on May 27, 2005 Daubert Hearing (vol 18) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 3964-4212=249 pages) (HBB, ) (Entered: 07/08/2005)
07/08/2005	377	ORDER as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills; re motion 358 , The Government shall file a response by July 22, 2005. Signed by Judge Robert R Armstrong on 7/8/05. (HBB, ) (Entered: 07/08/2005)
07/10/2005	378	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 5/31/05 Jury Trial (vol 19) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 4213-4460=248 pages) (HBB, ) (Entered: 07/11/2005)
07/10/2005	379	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on June 1, 2005 Jury Trial (vol 20) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 4461-4630=170 pages) (HBB, ) (Entered: 07/11/2005)
07/10/2005	380	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on 6/2/05 Jury Trial (vol 21) before Judge Propst. Court Reporter: Pat Gass/Karla Johnson. [Contact Court Reporter for copy of transcript] (pgs 4631-4713=83 pages) (HBB, ) (Entered: 07/11/2005)
07/10/2005	381	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on June 3, 2005 Jury Trial (vol 22) before Judge Propst. Court Reporter: Pat Gass. [Contact Court Reporter for copy of transcript] (pgs 4714-4937=224 pages) (HBB, ) (Entered: 07/11/2005)
07/10/2005	382	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on June 6, 2005 Jury Trial (vol 23) before Judge Propst. Court Reporter: Pat Gass/Karla Johnson. [Contact Court Reporter for copy of transcript] (pgs 4938-5009=72 pages) (HBB, ) (Entered: 07/11/2005)
07/10/2005	383	TRANSCRIPT of Proceedings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills held on June 7-10, 2005 Jury Trial (vol 24) before Judge Propst. Court Reporter: Karla Johnson. [Contact Court Reporter for copy of transcript] (pgs 5010-5045=36 pages) (HBB, ) (Entered: 07/11/2005)
07/15/2005	384	MOTION for New Trial by Charles Barry Robison. (Sultan, Ilana) (Entered: 07/15/2005)
07/15/2005	385	Joint MOTION for Acquittal as to Count 1 (Conspiracy) by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine. (Selden, Jack) (Entered: 07/15/2005)
07/15/2005	386	Joint MOTION Arrest of Judgment as to Count 23 by McWane, Inc. as to McWane, Inc., Charles Barry Robison. (Attachments: # 1 Exhibit 1)(Selden, Jack) (Entered: 07/15/2005)
07/15/2005	387	Joint MOTION for Acquittal as to Counts Two Through 22 (Clean Water Act) by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine. (Selden, Jack) (Entered: 07/15/2005)
07/15/2005	388	MOTION for Acquittal (Renewed) as to Count 1 (Conspiracy) and Counts 2, 3, 5 & 7-10 (Clean Water Act) by Michael Devine. (Helmsing, Frederick) (Entered: 07/15/2005)
07/15/2005	389	MOTION for Acquittal (Renewed) as to Counts 1-3, 5, 7, 9-19 and 21-22 (Conspiracy and Clean Water) by James Delk. (DePippo, Henry) (Entered: 07/15/2005)
07/15/2005	390	Certificate of Service by James Delk re 389 MOTION for Acquittal (Renewed) as to Counts 1-3, 5, 7, 9-19 and 21-22 (Conspiracy and Clean Water) (DePippo, Henry) (Entered: 07/15/2005)
07/15/2005	391	Joint MOTION for New Trial on Due Process Grounds by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison. (Selden, Jack) (Entered: 07/15/2005)
07/19/2005	392	SUBMISSION ORDER with deadlines & instructions as set out as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills, re 391 , 389 , 388 , 387 , 386 385 , 384 . Signed by Judge Robert B Propst on 7/19/05. (HBB, ) (Entered: 07/19/2005)
07/19/2005	393	REPLY TO RESPONSE to Motion by McWane, Inc. as to McWane, Inc., Charles Barry Robison re 352 Joint MOTION for Acquittal as to Count 23 (False Statement) (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Selden, Jack) (Entered: 07/19/2005)
07/19/2005	394	AFFIDAVIT in Support by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison re 391 MOTION for New Trial Defendants Joint Evidentiary Appendix in Support of Defendants' Joint Motion (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L)(Selden, Jack) (Entered: 07/19/2005)
07/21/2005	395	MEMORANDUM OPINION as to dfts McWane, Inc., Charles Barry Robison re 352 Joint R3newed Motion for Judgment of Acquittal as to count 23. Signed by Judge Robert B Propst on 7/21/2005. (DWC, ) (Entered: 07/22/2005)
07/21/2005	396	ORDER in accordance with 395 Memorandum Opinion the 352 Joint Renewed Motion for Acquittal as to McWane, Inc. (1), Charles Barry Robison (4) is DENIED . Signed by Judge Robert B Propst on 7/21/2005. (DWC, ) (Entered: 07/22/2005)
07/22/2005	397	RESPONSE to Motion by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 358 MOTION to Compel Production of Demonstrative Exhibits (Cassidy, Kevin) (Entered: 07/22/2005)
07/25/2005	398	ORDER denying 358 Motion to Compel as to McWane, Inc. (1), James Delk (2), Michael Devine (3), Charles Barry Robison (4). Signed by Judge Robert R Armstrong on 7/25/05. (HBB, ) (Entered: 07/25/2005)
07/27/2005	399	First MOTION for Extension of Time to File Response/Reply to Post-Trial Motions by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Cassidy, Kevin) (Entered: 07/27/2005)
07/27/2005	400	ORDER as set out as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills; The court requests that the Government in its scheduled responses, specifically respond to each listed argument for each motion in said order . Signed by Judge Robert B Propst on 7/26/05. (HBB, ) (Entered: 07/27/2005)
07/29/2005	401	Joint MOTION Appeal of Magistrate Judge's Order Regarding Defendants Motion to Compel Production of Demonstrative Exhibits (Ct. Doc. 358) re 398 Order on Motion to Compel by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison. (Selden, Jack) (Entered: 07/29/2005)
08/01/2005		ORDER granting 399 Motion for Extension of Time to 8/15/05 to File Response/Reply as to dfts. Signed by Judge Robert B Propst on 8/1/05. (SCL, ) (Entered: 08/01/2005)
08/02/2005		Set/Reset Hearings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison: Telephone Conference set for 8/5/2005 08:30 AM before Judge Robert B Propst. Call # 205-731-0414 (SCL, ) (Entered: 08/02/2005)
08/02/2005	402	ORDER setting motion hearing re: 401 dfts' Motion to compel prod of demonstrative exhs (filed 7/29/05); telephone conf scheduled for Friday, Aug 5, 2005, at 8:30am; telephone number to call is 205-731-0414. Signed by Judge Robert B Propst on 8/2/2005. (KWC) (Entered: 08/02/2005)
08/02/2005		Set Hearings as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills: Telephone Conference set for 8/5/2005 08:30 AM before Judge Robert B Propst. (KWC) (Entered: 08/02/2005)
08/05/2005		Minute Entry for proceedings held before Judge Robert B Propst :Telephone Conference as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison held on 8/5/2005 regarding dfts' objections to magistrate's order re: motion to compel production; gov't to furnish in camera requested demonstrative exhibits to court. (Court Reporter Virginia Flowers.) (SCL, ) (Entered: 08/05/2005)
08/09/2005	403	MEMORANDUM OPINION regarding motion [doc #358] and magistrate's order [doc #398] as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills . Signed by Judge Robert B Propst on 8/9/2005. (KWC) (Entered: 08/09/2005)
08/09/2005	404	ORDER as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 358 Joint MOTION to Compel Production of Demonstrative Exhibits, and 398 Order on Motion to Compel; displays emailed to court secretary will be forwarded to dfts . Signed by Judge Robert B Propst on 8/9/2005. (KWC) (Entered: 08/09/2005)
08/15/2005	405	RESPONSE in Opposition by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison re 391 MOTION for New Trial, 388 MOTION for Acquittal (Renewed) as to Count 1 (Conspiracy) and Counts 2, 3, 5 & 7-10 (Clean Water Act), 387 Joint MOTION for Acquittal as to Counts Two Through 22 (Clean Water Act), 385 Joint MOTION for Acquittal as to Count 1 (Conspiracy), 384 MOTION for New Trial, 386 MOTION, 389 MOTION for Acquittal (Renewed) as to Counts 1-3, 5, 7, 9-19 and 21-22 (Conspiracy and Clean Water) U.S. Consolidated Response in Opposition to Post-Trial Motions (Cassidy, Kevin) (Entered: 08/15/2005)
08/25/2005		NOTICE of a true and correct copy of the Power Point Presentation used by the Government in its closing argument at the McWane trial. (HBB, ) (Entered: 08/25/2005)
08/29/2005	406	Joint MOTION for Extension of Time to File Response/Reply as to 405 Response in Opposition,, by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison. (Selden, Jack) (Entered: 08/29/2005)
08/29/2005	407	REPLY TO RESPONSE to Motion by McWane, Inc. as to McWane, Inc., Charles Barry Robison re 386 Joint MOTION Arrest of Judgment as to Count 23 (Selden, Jack) (Entered: 08/29/2005)
08/29/2005	408	REPLY TO RESPONSE to Motion by Charles Barry Robison re 384 MOTION for New Trial (Sultan, Ilana) (Entered: 08/29/2005)
08/29/2005	409	REPLY TO RESPONSE to Motion by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine re 387 MOTION for Acquittal, 385 MOTION for Acquittal as to (1) Counts Two Through 22 (Clean Water Act), and (2) Count One (Conspiracy) (Attachments: # 1 Exhibit 1)(Selden, Jack) (Entered: 08/29/2005)
08/29/2005	410	REPLY TO RESPONSE to Motion by James Delk re 389 MOTION for Acquittal (Renewed) as to Counts 1-3, 5, 7, 9-19 and 21-22 (Conspiracy and Clean Water) (DePippo, Henry) (Entered: 08/29/2005)
08/29/2005	411	Certificate of Service by James Delk re 410 Reply to Response (DePippo, Henry) (Entered: 08/29/2005)
08/29/2005	412	REPLY TO RESPONSE to Motion by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison re 391 MOTION for New Trial (Attachments: # 1 Exhibit 1)(Selden, Jack) (Entered: 08/29/2005)
08/30/2005		ORDER granting 406 Motion for Extension of Time to File Response/Reply as to dfts; dft Devine's reply due 9/6/05. Signed by Judge Robert B Propst on 8/30/05. (SCL, ) (Entered: 08/30/2005)
09/01/2005	413	ORDER RESCHEDULING SENTENCING HEARINGS as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison Sentencing RESET for Monday, 12/5/2005 08:30 AM before Judge Robert B Propst.. Signed by Judge Robert B Propst on 9/1/05. (HBB, ) (Entered: 09/02/2005)
09/06/2005	414	REPLY TO RESPONSE to Motion by Michael Devine re 388 MOTION for Acquittal (Renewed) as to Count 1 (Conspiracy) and Counts 2, 3, 5 & 7-10 (Clean Water Act) (Helmsing, Frederick) (Entered: 09/06/2005)
09/07/2005	415	RESPONSE TO ORDER TO SHOW CAUSE by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison (Cassidy, Kevin) (Entered: 09/07/2005)
09/13/2005		ORDER granting 406 Motion for Extension of Time to File Response/Reply as to James Delk (2), Michael Devine (3). Signed by Judge Robert B Propst on 9/13/2005. (SCL, ) (Entered: 09/13/2005)
09/13/2005	416	MEMORANDUM OPINION as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison . Signed by Judge Robert B Propst on 9/13/05. (SDA, ) (Entered: 09/13/2005)
09/13/2005	417	ORDER as set out denying Motions 385 , 386 , 391 , 387 , 389 , 388 , 384 . Signed by Judge Robert B Propst on 9/13/05. (SDA, ) (Entered: 09/13/2005)
09/19/2005		ORDER granting 406 Motion for Extension of Time to File Response/Reply as to McWane, Inc., James Delk, Charles Robison & Michael Devine. Signed by Judge Robert B Propst on 9/19/05. (motion filed 8/29/05) (SCL, ) (Entered: 09/19/2005)
11/02/2005	418	ORDER REGARDING SENTENCING HEARINGS as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison Sentencing hearings set for 12/5/2005 08:30 AM will be in this order: McWane, Inc., James Delk, Michael Devine and Charles "Barry" Robison before Judge Robert B Propst. Signed by Judge Robert B Propst on 11/02/05. (SDA, ) (Entered: 11/02/2005)
11/04/2005	419	ORDER with Instructions and Deadlines as set out as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison . Signed by Judge Robert B Propst on 11/4/05. (SDA, ) (Entered: 11/04/2005)
11/21/2005	420	MOTION to Seal McWane's Financial Information by McWane, Inc.. (Truitt, J) (Entered: 11/21/2005)
11/21/2005	421	RESPONSE to by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison re 419 Response to Court Order (Cassidy, Kevin) (Entered: 11/21/2005)
11/22/2005		ORDER granting 420 Motion to Seal as to McWane, Inc. (1). Signed by Judge Robert B Propst on 11/22/2005. (SCL, ) (Entered: 11/22/2005)
11/30/2005	422	SENTENCING MEMORANDUM by McWane, Inc. (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# 12 Exhibit 12# 13 # 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16a# 17 Exhibit 16b# 18 Exhibit 17# 19 Exhibit 18# 20 Exhibit 19a# 21 Exhibit 19b# 22 Exhibit 20)(Truitt, J) (Entered: 11/30/2005)
11/30/2005	423	OBJECTION TO PRESENTENCE INVESTIGATION REPORT by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison United States' Memorandum of Law Regarding the Applicability of United States v. Kirkland (Cassidy, Kevin) (Entered: 11/30/2005)
11/30/2005	424	SENTENCING MEMORANDUM by James Delk (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(DePippo, Henry) (Entered: 11/30/2005)
11/30/2005	425	SENTENCING MEMORANDUM by Charles Barry Robison (Attachments: # 1 Exhibit Tabs 1-13# 2 Exhibit Tabs 14-28)(Sultan, Ilana) (Entered: 11/30/2005)
12/01/2005	426	SENTENCING MEMORANDUM by Michael Devine (Helmsing, Frederick) (Entered: 12/01/2005)
12/02/2005	427	SENTENCING MEMORANDUM by United States of America as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison (Attachments: # 1 Appendix Attachment re Filing of Hard Copy of Appendices to Sentencing Memo# 2 Appendix Index of Appendices to Sentencing Memo)(Cassidy, Kevin) (Entered: 12/02/2005)
12/02/2005	428	MOTION for Leave to Appear Pro Hac Vice Attorney: Lawrence S. Lustberg. by Michael Devine. (Helmsing, Frederick) Additional attachment(s) added on 12/5/2005 (HBB, ). Additional attachment(s) added on 12/5/2005 (HBB, ). (Entered: 12/02/2005)
12/05/2005		NOTICE of $50.00 PHV paid, receipt #200-221183 as to dft Michael Devine re 428 MOTION for Leave to Appear Pro Hac Vice Attorney: Lawrence S. Lustberg. (HBB, ) (Entered: 12/05/2005)
12/05/2005		ORDER granting 428 Motion for Leave to Appear PHV by Lawrence Lustberg as to Michael Devine (3). Signed by Judge Robert B Propst on 12/5/2005. (SCL, ) Modified on 12/5/2005 to CM atty Lustberg (HBB, ). (Entered: 12/05/2005)
12/05/2005		Minute Entry for proceedings held before Judge Robert B Propst :Sentencing held on 12/5/05 for McWane, Inc. (1); ct's opening rmks - dfts' testimony as to all dfts - arguments of counsels as to all dfts & govt; motion(s) (oral) for downward departures - order (oral) granting in part as dictated on record - SENTENCE: probation 5 yrs subj to std conditions & special condition as dictated on record; Fine $5,000,000.00; A/Fee $8,000; hrg adj (Court Reporter Karla Johnson.) (SCL, ) (Entered: 12/06/2005)
12/05/2005		Minute Entry for proceedings held before Judge Robert B Propst :Sentencing held on 12/5/05 for Charles Barry Robison (4), Count(s)23; SENTENCE: Probation 2 yrs subj to std conditions & special conditions as dictated on record; Fine $2,500; A/Fee $100; hrg adj (Court Reporter Karla Johnson.) (SCL, ) (Entered: 12/06/2005)
12/05/2005		Minute Entry for proceedings held before Judge Robert B Propst :Sentencing held on 12/5/05 for Michael Devine as to cts 1s-3s, 5s, 7s-10s; SENTENCE: Probation 2 yrs subj to std conditions & special conditions as dictated on record - Fine $35,000; A/Fee $800; hrg adj (Court Reporter Karla Johnson.) (SCL, ) (Entered: 12/06/2005)
12/05/2005		Minute Entry for proceedings held before Judge Robert B Propst : Sentencing held on 12/5/05 for dft James Delk as to cts 1s, 2s, 3s, 5s, 7s-19s, 21s, 22s; SENTENCE: Probation 3 yrs subj to std conditions & special conditions as dictated on record; Fine $90,000; A/fee $1,900. (Court Reporter Karla Johnson.) (SCL, ) (Entered: 12/06/2005)
12/06/2005	429	NOTICE OF APPEAL (filed before Judgment entry) by Charles Barry Robison; No filing fee paid. (Sultan, Ilana) Modified on 12/6/2005 to edit filing fee entry (HBB, ). (Entered: 12/06/2005)
12/07/2005		USCA Appeal Fees received $ 255, receipt number 200-221316 as to Charles Barry Robison re 429 Notice of Appeal - Final Judgment: (HBB, ) (Entered: 12/08/2005)
12/13/2005	430	ORDER that the parties consented to have the jury consider a redacted superseding indictment which reflected only those charges remaining after rulings by the court during the course of the trial; count 23 of the original superseding indictment had been dismissed; count 24 was re-numbered to 23 in the redacted superseding indictment presented to the jury; the clerk is therefore directed to make changes and modifications to the counts and to enter the judgments of the jury in accordance with the charges as represented in the redacted superseding indictment, which was admitted into evidence as Court's Exhibit No 14. as set out as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills, re Jury Trial Minutes dated 06/06/2005 . Signed by Judge Robert B Propst on 12/13/05. (SDA, ) (Entered: 12/13/2005)
12/13/2005	431	PRESENTENCE INVESTIGATION REPORT (Sealed) as to McWane, Inc. filed w/USP DEEMED FILED 12/08/2005 (SDA, ) (Entered: 12/13/2005)
12/13/2005	432	Sentencing Recommendations (Sealed) as to McWane, Inc. filed w/USP DEEMED FILED 12/08/2005 (SDA, ) (Entered: 12/13/2005)
12/13/2005	433	JUDGMENT as to McWane, Inc. (1), Count(s) 1, 12-22, 2-11, 23, 24, 25, Statistically dismissed ss indict filed; Count(s) 12s-16s, 17s, 18s-19s, 1s, 21s-22s, 24s, 2s-3s, 5s, 7s-11s, Prob 60 mos; Fine $5,000,000.00; AF $8,000.00; Count(s) 20s, 4s, 6s, Dft found not guilty; Count(s) 23s, 25s, Dismissed pursuant to Order doc # 430 ; SEALED SOR filed w/USP. Signed by Judge Robert B Propst on 12/06/05. DEEMED FILED 12/08/2005 (SDA, ) (Entered: 12/13/2005)
12/13/2005	434	PRESENTENCE INVESTIGATION REPORT (Sealed) as to Michael Devine filed w/USP DEEMED FILED 12/08/2005 (SDA, ) (Entered: 12/13/2005)
12/13/2005	435	Sentencing Recommendations (Sealed) as to Michael Devine filed w/USP DEEMED FILED 12/08/2005 (SDA, ) (Entered: 12/13/2005)
12/13/2005	436	JUDGMENT as to Michael Devine (3), Count(s) 1, 2-11, 23, Statistically dismissed ss indict filed; Count(s) 11s, 23s, Dissmissed pursuant to Order doc #430; Count(s) 1s, 2s-3s, 5s, 7s-10s, Prob 24 mos; Fine $35,000.00; AF $800.00; Count(s) 4s, 6s, Dft found not guilty ; SEALED SOR filed w/USP . Signed by Judge Robert B Propst on 12/05/05 DEEMED FILED 12/08/2005. (SDA, ) (Entered: 12/13/2005)
12/13/2005	437	PRESENTENCE INVESTIGATION REPORT (Sealed) as to James Delk filed w/USP (SDA, ) (Entered: 12/13/2005)
12/13/2005	438	Sentencing Recommendations (Sealed) as to James Delk filed w/USP DEEMED FILED 12/08/2005 (SDA, ) (Entered: 12/13/2005)
12/13/2005	439	JUDGMENT as to James Delk (2), Count(s) 1, 12-22, 2-11, 23, Statistically dismissed ss indict filed; Count(s) 12s-19s, 1s, 21s-22s, 2s-3s, 5s, 7s-11s, Prob 36 mos; Fine $90,000.00; AF $1,900.00; Count(s) 20s, 4s, 6s, Dft found not guilty; Count(s) 23s, Dismissed pursuant to Order doc # 430 ; SEALED SOR filed w/USP . Signed by Judge Robert B Propst on 12/05/05 DEEMED FILED 12/08/2005. (SDA, ) (Entered: 12/13/2005)
12/13/2005	440	PRESENTENCE INVESTIGATION REPORT (Sealed) as to Charles Barry Robison filed w/USP DEEMED FILED 12/08/2005 (SDA, ) (Entered: 12/13/2005)
12/13/2005	441	Sentencing Recommendations (Sealed) as to Charles Barry Robison filed w/USP DEEMED FILED 12/08/2005 (SDA, ) (Entered: 12/13/2005)
12/13/2005	442	JUDGMENT as to Charles Barry Robison (4), Count(s) 1, 24, Statistically dismissed ss indict filed; Count(s) 1s, Dismissed pursuant to Order doc # 430; Count(s) 24s, Prob 24 mos; Fine $2,500.00; AF $100.00; ct 24 re-numbered to 23 pursuant to Order doc # 430 ; SEALED SOR filed w/USP. Signed by Judge Robert B Propst on 12/05/2005 DEEMED FILED 12/08/2005. (SDA, ) (Entered: 12/13/2005)
12/13/2005	443	NOTICE of transmittal letter to USCA as to dft Charles Barry Robison re 429 Notice of Appeal - Final Judgment (HBB, ) (Entered: 12/13/2005)
12/13/2005		Transmission of Notice of Appeal and Docket Sheet as to Charles Barry Robison to US Court of Appeals re 429 Notice of Appeal - Final Judgment (HBB, ) (Entered: 12/13/2005)
12/16/2005	444	TRANSCRIPT of Sentencings filed as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison for dates of 12/05/2005 before Judge Robert B. Propst, re 429 Notice of Appeal - Final Judgment Court Reporter: Karla Johnson. [Contact court reporter for copy of transcript] (267 Pgs) (SDA, ) (Entered: 12/16/2005)
12/19/2005	445	NOTICE OF APPEAL by James Delk re 439 Judgment, No Filing fee Paid. (DePippo, Henry) Modified on 12/19/2005 to edit filing fee entry(HBB, ). (Entered: 12/19/2005)
12/19/2005	446	NOTICE OF APPEAL by McWane, Inc. re 433 Judgment, Filing fee $ 255, receipt number 200 221620. (Selden, Jack) (Entered: 12/19/2005)
12/19/2005		USCA Appeal Fees received $ 255, receipt number 200221621 as to James Delk re 445 Notice of Appeal - Final Judgment: (HBB, ) (Entered: 12/19/2005)
12/19/2005	447	Transmittal letter as to James Delk re 445 Notice of Appeal - Final Judgment (HBB, ) (Entered: 12/19/2005)
12/19/2005	448	Transmittal letter as to McWane, Inc. re 446 Notice of Appeal - Final Judgment (HBB, ) (Entered: 12/19/2005)
12/19/2005		Transmission of Notice of Appeal and Docket Sheet as to McWane, Inc., James Delk to US Court of Appeals re 445 Notice of Appeal - Final Judgment, 446 Notice of Appeal - Final Judgment (HBB, ) (Entered: 12/19/2005)
12/19/2005	449	NOTICE OF APPEAL by Michael Devine re 436 Judgment, No Filing fee paid. (Lustberg, Lawrence) Modified on 12/20/2005 to edit filing fee entry (HBB, ). Additional attachment(s) added on 12/21/2005 (HBB, ). Modified on 12/21/2005 to attach doc that was rescanned(HBB, ). (Entered: 12/19/2005)
12/20/2005	450	Transmittal Letter as to Michael Devine re 449 Notice of Appeal - Final Judgment (HBB, ) (Entered: 12/20/2005)
12/20/2005		Transmission of Notice of Appeal and Docket Sheet as to Michael Devine to US Court of Appeals re 449 Notice of Appeal - Final Judgment (HBB, ) (Entered: 12/20/2005)
12/20/2005	451	MOTION to Deposit Funds with the Clerk's Office Pending Appeal by McWane, Inc.. (Jones, G) (Entered: 12/20/2005)
12/21/2005		ORDER granting 451 Motion to Deposit Funds by dft McWane, Inc. (1). Signed by Judge Robert B Propst on 12/21/05. (SCL, ) (Entered: 12/21/2005)
12/27/2005	452	USCA Case Number as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison 05-17019-E for 445 Notice of Appeal - Final Judgment filed by James Delk,, 429 Notice of Appeal - Final Judgment filed by Charles Barry Robison,, 449 Notice of Appeal - Final Judgment, filed by Michael Devine,, 446 Notice of Appeal - Final Judgment filed by McWane, Inc.,. (HBB, ) (Entered: 12/27/2005)
12/28/2005	453	TRANSCRIPT REQUEST (Yellow Copy) (DEEMED FILED 12/21/05) by Attorney Sultan as to Charles Barry Robison for proceedings held on 6/17/04, 7/20/04, 2/28/05, 4/25/05, 4/28/05, 5/2/05, 5/9/05, 5/12/05, 5/26/05, 6/7/05, 8/5/05 before Judge Propst and Judge Armstrong, re 429 Notice of Appeal - Final Judgment (SDA, ) (Entered: 12/28/2005)
12/28/2005		NOTICE of payment of $255.00 Appeal Fee by Attorney Lustberg Receipt # 200 221686 as to Michael Devine re 449 Notice of Appeal - Final Judgment, (SDA, ) (Entered: 12/28/2005)
12/29/2005	454	TRANSCRIPT REQUEST (yellow copy) by McWane, Inc. for proceedings held on 6/17/04, 7/20/04, 4/25/05, 5/2/05, 2/28/05, 4/28/05, 5/26/05, 6/7/05, 5/9/05, 5/12/05, 8/5/05 before Judge Armstrong and Judge Propst, re 446 Notice of Appeal - Final Judgment (HBB, ) (Entered: 12/29/2005)
01/03/2006	455	TRANSCRIPT REQUEST by Michael Devine before Judge Judge Propst, re 449 Notice of Appeal - Final Judgment, (Lustberg, Lawrence) (Entered: 01/03/2006)
01/03/2006	456	NOTICE of corrected information on the transmittal letters 443 , 447 , 448 , 450 to USCA regarding court reporters USCA #05-17019-E as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison (HBB, ) (Entered: 01/03/2006)
01/04/2006	457	TRANSCRIPT REQUEST (yellow copy) by atty Henry DePippo for crtrptr K. Johnson. for proceedings held on 7/20/04, 2/28/05, 4/25/05, 4/28/05, 6/7/05 before Judge Propst, re 446 Notice of Appeal - Final Judgment (HBB, ) (Entered: 01/04/2006)
01/04/2006	458	TRANSCRIPT REQUEST (yellow copy) by atty Henry DePippo for crtrptr P. Gass. for proceedings held on 6/17/04, 5/26/05, 6/2/05 before Judge Armstrong and Judge Propst, re 446 Notice of Appeal - Final Judgment (HBB, ) (Entered: 01/04/2006)
01/04/2006	459	TRANSCRIPT REQUEST (yellow copy) by atty Henry J. DePippo for crtrptr C. Decker. for proceedings held on 5/9/05 before Judge Propst, re 446 Notice of Appeal - Final Judgment (HBB, ) (Entered: 01/04/2006)
01/04/2006	460	TRANSCRIPT REQUEST (yellow copy) by atty Henry DePippo for crtrptr V. Flowers. for telephone hearing held on 8/5/05 before Judge Propst, re 446 Notice of Appeal - Final Judgment (HBB, ) (Entered: 01/04/2006)
01/04/2006	461	TRANSCRIPT REQUEST (yellow copy) by atty Henry DePippo for crtrptr K. Hoff. for proceedings held on 5/12/05 before Judge Propst, re 446 Notice of Appeal - Final Judgment (HBB, ) (Entered: 01/04/2006)
01/05/2006	462	NOTICE of registry funds ($5,008,000.00) deposited at interest in accordance with the general order of this Court as to dft McWane, Inc. re 433 Judgment, (HBB, ) (Entered: 01/05/2006)
01/06/2006	463	AMENDED JUDGMENT as to Conditions of Probation as set out on Page 4 as to Michael Devine re 436 Judgment, . Signed by Judge Robert B Propst on 1/6/06. (HBB, ) (Entered: 01/06/2006)
01/09/2006	464	NOTICE OF APPEAL by United States of America as to McWane, Inc. re 433 Judgment, No Filing fee Paid (Vance, Joyce) Modified on 1/9/2006 to correct filing fee entry(HBB, ). (Entered: 01/09/2006)
01/09/2006	465	NOTICE OF APPEAL by United States of America as to James Delk re 439 Judgment, No Filing fee Paid . (Vance, Joyce) Modified on 1/9/2006 to correct filing fee entry (HBB, ). (Entered: 01/09/2006)
01/09/2006	466	NOTICE OF APPEAL by United States of America as to Michael Devine re 436 Judgment, No Filing fee Paid . (Vance, Joyce) Modified on 1/9/2006 to correct filing fee entry(HBB, ). (Entered: 01/09/2006)
01/10/2006	467	TRANSMITTAL LETTER to USCA as to McWane, Inc. re 464 Notice of Appeal - Final Judgment (HBB, ) (Entered: 01/10/2006)
01/10/2006		Transmission of Notice of Appeal and Docket Sheet as to McWane, Inc. to US Court of Appeals re 464 Notice of Appeal - Final Judgment (HBB, ) (Entered: 01/10/2006)
01/10/2006	468	Transmittal Letter to USCA as to James Delk re 465 Notice of Appeal - Final Judgment (HBB, ) (Entered: 01/10/2006)
01/10/2006		Transmission of Notice of Appeal and Docket Sheet as to James Delk to US Court of Appeals re 465 Notice of Appeal - Final Judgment (HBB, ) (Entered: 01/10/2006)
01/10/2006	469	TRANSMITTAL LETTER to USCA as to Michael Devine re 466 Notice of Appeal - Final Judgment (HBB, ) (Entered: 01/10/2006)
01/10/2006		Transmission of Notice of Appeal and Docket Sheet as to Michael Devine to US Court of Appeals re 466 Notice of Appeal - Final Judgment (HBB, ) (Entered: 01/10/2006)
01/10/2006	470	TRANSCRIPT REQUEST (pink copy) Part II signed by crtrptr Karla Johnson as to Michael Devine re 455 Transcript Request - Appeal; Estimated filing date is 2-5-06 (HBB, ) (Entered: 01/10/2006)
01/10/2006	471	TRANSCRIPT REQUEST (pink copy) filed by crtrptr Karla Johnson w/part II signed as to Charles Barry Robison re 453 Transcript Request - Appeal, Estimated filing date 2/5/2006 (HBB, ) (Entered: 01/10/2006)
01/10/2006	472	TRANSCRIPT REQUEST (pink copy) filed by crtrptr Karla Johnson with Part II signed as to McWane, Inc. re 457 Transcript Request - Appeal; Estimated filing time 2/5/2006 (HBB, ) (Entered: 01/10/2006)
01/10/2006	473	TRANSCRIPT REQUEST (pink copy) filed by crtrptr Karla Johnson with part II signed as to McWane, Inc. re 454 Transcript Request - Appeal, Estimated filing date 2/5/06 (HBB, ) (Entered: 01/10/2006)
01/10/2006	474	TRANSCRIPT REQUEST (copy) with Part II signed by crtrptr Christina Decker as to Charles Barry Robison re 453 Transcript Request - Appeal,Estimated filing date 2/6/06 (HBB, ) (Entered: 01/12/2006)
01/10/2006	475	TRANSCRIPT REQUEST (copy) with Part II signed by crtrptr Christina Decker as to McWane, Inc. re 454 Transcript Request - Appeal, Estimated filing date 2/6/06 (HBB, ) (Entered: 01/12/2006)
01/10/2006	476	TRANSCRIPT REQUEST (copy) with part II signed by crtrptr Christina Decker as to McWane, Inc. re 459 Transcript Request - Appeal; Estimated filing date 2/6/06 (HBB, ) (Entered: 01/12/2006)
01/13/2006	477	USCA Case Number on USA's Cross-Appeals as to McWane, Inc., James Delk, Michael Devine 05-17019-E for 464 Notice of Appeal - Final Judgment filed by United States of America,, 466 Notice of Appeal - Final Judgment filed by United States of America,, 465 Notice of Appeal - Final Judgment filed by United States of America,. (HBB, ) (Entered: 01/13/2006)
01/23/2006	478	TRANSCRIPT REQUEST return copy with Part II & III signed by crtrptr Kimberly Hoff as to Michael Devine re 455 Transcript Request - Appeal; Estimated filing date is 1/23/2006. (HBB, ) (Entered: 01/23/2006)
01/23/2006	479	TRANSCRIPT REQUEST (pink & green copies) signed by crtrptr Kimberly Hoff as to McWane re 461 Transcript Request - Appeal; Estimated filing date is 1/23/2006 (HBB, ) (Entered: 01/23/2006)
01/23/2006	480	TRANSCRIPT REQUEST return copy filed by crtrptr Kim Hoff with parts II & III signed as to DFT CHARLES BARRY ROBISON. 453 ; Estimated filing date is 1/23/2006 (HBB, ) Modified on 1/26/2006 to correct docket entry as to the correct dft. (HBB, ). (Entered: 01/23/2006)
01/23/2006	481	TRANSCRIPT REQUEST return by crtrptr Kimberly Hoff with parts II & III signed as to McWane, Inc. re 454 Transcript Request - Appeal, Estimated filing date 1/23/2006 (HBB, ) (Entered: 01/23/2006)
01/23/2006	482	TRANSCRIPT filed as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills for proceedings held on 5/12/2005 before Judge Armstrong, re Notices of Appeal - Final Judgment, 429 , 445 , 446 , 449 , 464 , 465 , 466 Court Reporter: Kim Hoff. [Contact court reporter for copy of transcript] (29 pages) (Attachments: # 1 Signature Page)(HBB, ) (Entered: 01/23/2006)
02/03/2006	483	TRANSCRIPT filed as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills for dates of May 8, 2005 Hearing before Judge Armstrong, re 445 Notice of Appeal - Final Judgment, 429 Notice of Appeal - Final Judgment, 449 Notice of Appeal - Final Judgment,, 446 Notice of Appeal - Final Judgment, 464 Notice of Appeal - Final Judgment, 466 Notice of Appeal - Final Judgment, 465 Notice of Appeal - Final Judgment Christina Decker, Court Reporter [Contact court reporter for copy of transcript] (11 pages) (HBB, ) (Entered: 02/03/2006)
02/03/2006	484	TRANSCRIPT filed as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills for dates of May 9, 2005 hearing before Judge Armstrong, re 445 Notice of Appeal - Final Judgment, 429 Notice of Appeal - Final Judgment, 449 Notice of Appeal - Final Judgment,, 446 Notice of Appeal - Final Judgment, 464 Notice of Appeal - Final Judgment, 466 Notice of Appeal - Final Judgment, 465 Notice of Appeal - Final Judgment Court Reporter: Christina Decker. [Contact court reporter for copy of transcript] (11 pages) (HBB, ) (Entered: 02/03/2006)
02/06/2006	485	TRANSCRIPT REQUEST (yellow copy) (DEEMED FILED 2/2/2006) for all necessary transcripts on file by United States of America (AUSA, Joyce Vance) as to McWane, Inc., Charles Barry Robison, et al re 464 Notice of Appeal - Final Judgment (HBB, ) (Entered: 02/06/2006)
02/07/2006	486	TRANSCRIPT REQUEST (green copy)(DEEMED filed 2/3/2006) filed by Crt Rptr Christina Decker with Part III signed re 459 Transcript Request - Appeal (HBB, ) (Entered: 02/07/2006)
02/07/2006	487	TRANSCRIPT REQUEST (copy with Part III signed by Court Reporter Christina Decker)(DEEMED filed 2/3/2006) re 459 Transcript Request - Appeal (HBB, ) (Entered: 02/07/2006)
02/07/2006	488	TRANSCRIPT REQUEST (copy filed by court reporter Christina Decker w/part III signed) (DEEMED filed 2/3/2006) re 459 Transcript Request - Appeal (HBB, ) (Entered: 02/07/2006)
02/07/2006	489	TRANSCRIPT REQUEST (DEEMED filed 2/3/2006) (copy filed by Court Reporter Christina Decker w/Part III signed) as to McWane, Inc. re 454 Transcript Request - Appeal, (HBB, ) (Entered: 02/07/2006)
02/07/2006	490	TRANSCRIPT REQUEST (copy)DEEMED (FILED 2/3/2006) filed by court reporter Christina Decker w/Part III signed as to Charles Barry Robison re 453 Transcript Request - Appeal, (HBB, ) (Entered: 02/07/2006)
02/07/2006	491	TRANSCRIPT filed as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills for dates of 8/5/2005 Teleconference before Judge Propst, re 445 , 449 , 446 , 429 , 464 , 466 Notice of Appeal - Final Judgment, Court Reporter: Virginia Flowers. [Contact court reporter for copy of transcript] (22 pages) (HBB, ) (Entered: 02/08/2006)
02/13/2006	492	USCA Entry of Dismissal (certified copy) as to Charles Barry Robison that pursuant to appellant's motion for voluntary dismissal this appeal was dismissed on 2/9/2006; issued as the mandate of this court re 429 Notice of Appeal - Final Judgment [by direction of the court] (DWC, ) (Entered: 02/13/2006)
02/15/2006	493	MOTION to Modify Conditions of Release Letter Motion Requesting Clarification of Defendant's Conditions of House Arrest by Michael Devine. (Lustberg, Lawrence) Modified on 2/16/2006 (HBB, ). (Entered: 02/15/2006)
02/16/2006	494	ORDER as set out on 493 Motion for clarification of dft's conditions of house arrest as to Michael Devine (3) . Signed by Judge Robert B Propst on 2/16/06. (HBB, ) (Entered: 02/16/2006)
02/16/2006	495	MOTION (letter) requesting permission to travel to China for business purposes re 439 Judgment, by atty Henry DePippo as to dft James Delk. (HBB, ) (Entered: 02/16/2006)
02/16/2006		ORDER granting 495 Motion (letter) request re: travel to China as to James Delk (2). Signed by Judge Robert B Propst on 2/16/2006. (HBB, ) (Entered: 02/16/2006)
02/17/2006	496	Amended ORDER the court clarifies dft Michael Devine's conditions of house arrest as set out re 494 Order, re 493 Request Clarification of Defendant's Conditions of House Arrest, . Signed by Judge Robert B Propst on 2/17/2006. (DWC, ) (Entered: 02/17/2006)
02/27/2006	497	TRANSCRIPT filed as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills for dates of 2/28/2005 Motion Hearing before Judge Propst, re 445 , 449 , 446 , 429 , 464 , 465 , 466 Notices of Appeal - Final Judgment, Court Reporter: Karla Johnson. [Contact court reporter for copy of transcript] (151 pages) (HBB, ) Modified on 4/17/2006 to show this transcripts was already filed see doc 247 (HBB, ). (Entered: 02/27/2006)
02/27/2006	498	TRANSCRIPT filed as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills for dates of 4/25/2005 Jury Organization before Judge Propst, re 445 , 429 , 449 , 446 , 464 , 465 , 446 Notices of Appeal - Final Judgment, Court Reporter: Karla Johnson. [Contact court reporter for copy of transcript] (120 pages) (HBB, ) (Entered: 02/27/2006)
02/27/2006	499	TRANSCRIPT filed as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills for dates of 4/28/2005 2nd Jury Organization before Judge Propst, re 445 , 449 , 429 , 446 , 464 , 465 , 466 Notices of Appeal - Final Judgment, Court Reporter: Karla Johnson. [Contact court reporter for copy of transcript] (72 pages) (HBB, ) (Entered: 02/27/2006)
02/28/2006	500	TRANSCRIPT filed as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills for dates of 5/2/2005 Jury Selection before Judge Propst, re 445 , 429 , 449 , 446 , 464 , 465 , 466 Notices of Appeal - Final Judgment, Court Reporter: Karla Johnson. [Contact court reporter for copy of transcript] (218 pages) (HBB, ) (Entered: 02/28/2006)
03/01/2006	501	First MOTION for Extension of Time to File Report to Court on Environmental Project by McWane, Inc.. (Truitt, J) (Entered: 03/01/2006)
03/03/2006		ORDER granting 501 Motion for Extension of Time to submit report as McWane, Inc. (1). Signed by Judge Robert B Propst on 3/3/2006. (SCL, ) (Entered: 03/03/2006)
03/09/2006	502	TRANSCRIPT of Arraignment filed as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills for dates of 06/17/2004 before Judge Armstrong, re 445 , 449 , 429 , 446 , 464 , 466 , 465 Notice of Appeal - Final Judgment, Court Reporter: Patricia Gass. [Contact court reporter for copy of transcript] (8 Pgs.) (SDA, ) (Entered: 03/10/2006)
03/10/2006	503	ORDER of USCA as set out (certified copy)dtd 3/9/2006 as to Charles Barry Robison USCA# 05-17019-E re 429 Notice of Appeal - Final Judgment; The 2/9/2006 order is hereby amended to provide that the Appellant Robinson's appeal is DISMISSED WITH PREJUDICE. (BLACK AND BARKETT) (HBB, ) (Entered: 03/10/2006)
03/13/2006	504	TRANSCRIPT filed as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills for dates of 7/20/2004 Phone Conference before Judge Propst, re 445 , 429 , 449 , 446 , 464 , 465 , 466 Notices of Appeal - Court Reporter: Karla Johnson. [Contact court reporter for copy of transcript] (28 pages) (HBB, ) (Entered: 03/14/2006)
04/20/2006	505	CERTIFICATE OF READINESS of Record on Appeal and Cross Appeal as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison USCA# 05-17019-EE re 445 , 429 , 449 , 446 , 466 , 464 Notices of appeals and cross appeals Record consists of 5 vols pleadings, 4 vols SEALED docs, 42 vols of Certified copies of efiled transcripts, 1 expandable folder of exhibits; 1 SEALED exhibit and 4 SEALED PSI/RECS (HBB, ) (Entered: 04/20/2006)
06/06/2006	506	Notice of McWane Storm Water Treatment and Recreation Project Status Report by McWane, Inc. re 433 Judgment, (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C) (del RBP)(HBB, ) (Entered: 06/07/2006)
09/06/2006	507	NOTICE of McWane Storm Water and Recreation Project Second Status Report by McWane, Inc. (Jones, G) (Entered: 09/06/2006)
09/07/2006	508	ORDER - as to McWane, Inc., et al re 506 , 507 ; Within 10 days the dft McWane, Inc will file a document as set out in order.. Signed by Judge Robert B Propst on 9/7/2006. (HBB, ) (Entered: 09/07/2006)
09/15/2006	509	RESPONSE to by McWane, Inc. to Court's Order of September 7, 2006 Regarding the McWane Storm Water Treatment and Recreation Project (Attachments: # 1 Exhibit)(Jones, G) (Entered: 09/15/2006)
10/23/2006	510	MOTION an order supplementing the record Stipulated Motion and Brief in Support, to Supplement Record Pursuant to Rule 10(e) of the Federal Rules of Appellate Procedure by James Delk. (Attachments: # 1 Exhibit A (Part I)# 2 Exhibit A (Part II)# 3 Exhibit A (Part III)# 4 Exhibit A (Part IV))(DePippo, Henry) (Entered: 10/23/2006)
10/24/2006		ORDER granting 510 Motion to supplement record on appeal as to James Delk (2). Signed by Judge Robert B Propst on 10/24/2006. (SCL, ) (Entered: 10/24/2006)
10/24/2006	511	SUPPLEMENTAL Certificate of Readiness of Record on Appeal as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 505 Certificate of Readiness; Order on Motion for supplementing the record; 510 MOTION an order supplementing the record Stipulated Motion and Brief in Support, to Supplement Record Pursuant to Rule 10(e) of the Federal Rules of Appellate Procedure (HBB, ) (Entered: 10/24/2006)
11/14/2006	512	Certified and Transmitted Record on Appeal as to McWane, Inc., James Delk, Michael Devine USCA# 05-17019-EE to US Court of Appeals re 445 Notice of Appeal - Final Judgment, 449 Notice of Appeal - Final Judgment,, 446 Notice of Appeal - Final Judgment, 464 Notice of Appeal - Final Judgment, 466 Notice of Appeal - Final Judgment, 465 Notice of Appeal - Final Judgment; Record consists of 5 vols pleadings, 4 volumes SEALED docs; 42 vols Certified copies of efiled transcripts; 1 SEALED exhibit, 1 expandable folder of exhibits and 3 SEALED envelopes of PSI/REC (HBB, ) (Entered: 11/14/2006)
12/06/2006	513	NOTICE of McWane Storm Water Treatment and Recreation Project Third Status Report by McWane, Inc. (Attachments: # 1)(Jones, G) (Entered: 12/06/2006)
02/07/2007	514	NOTICE of Change of Address by McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills (Jones, G) (Entered: 02/07/2007)
03/06/2007	515	NOTICE McWane Storm Water Treatment and Recreation Project Fourth Status Report by McWane, Inc. (Attachments: # 1 Exhibit # 2 Exhibit)(Jones, G) (Entered: 03/06/2007)
06/06/2007	516	NOTICE of Defendant McWane's Fifth Status Report by McWane, Inc. (Jones, G) (Entered: 06/06/2007)
06/11/2007	517	NOTICE McWane Storm Water Treatment and Recreation Project Amended Fifth Status Report by McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills (Attachments: # 1 Exhibit # 2 Exhibit)(Jones, G) (Entered: 06/11/2007)
09/05/2007	518	NOTICE McWane Storm Water Treatment and Recreation Project Sixth Status Report by McWane, Inc. (Attachments: # 1 Exhibit # 2 Exhibit)(Jones, G) (Entered: 09/05/2007)
11/07/2007	519	MEMORANDUM OPINION as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. Signed by Judge Robert B Propst on 11/7/2007. (HBB, ) (Entered: 11/07/2007)
11/07/2007	520	ORDER to reassign this case as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 519 Memorandum Opinion. Signed by Judge Robert B Propst on 11/7/2007. (HBB, ) (Entered: 11/07/2007)
11/07/2007		Case as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills Reassigned to Judge C Lynwood Smith, Jr. Judge Robert B Propst no longer assigned to the case. (HBB, ) (Entered: 11/07/2007)
11/07/2007	521	NOTICE OF REASSIGNMENT as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills re 520 Order (cm) (HBB, ) (Entered: 11/07/2007)
12/04/2007	524	MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 2:07-CV-8039-CLS-RRA) by Charles Barry Robison. (AHI) (Entered: 12/05/2007)
12/05/2007	522	MOTION for Leave to Appear Pro Hac Vice Attorney: Rodney G. Snow. by Charles Barry Robison. (Dowd, Augusta) Modified on 12/6/2007 to term motion. Motion to be filed in 2:07-CV-8039-CLS-RRA (HBB, ). (Entered: 12/05/2007)
12/05/2007	523	MOTION for Leave to Appear Pro Hac Vice Attorney: Neil A. Kaplan. by Charles Barry Robison. (Dowd, Augusta) Modified on 12/6/2007 to term motion, Motion to be filed in case 2:07-CV-8039-CLS-RRA (HBB, ). (Entered: 12/05/2007)
12/06/2007	525	NOTICE Defendant Mcwane's Storm Water Treatment and Recreation Project Seventh Status Report by McWane, Inc. (Attachments: # 1)(Jones, G) (Entered: 12/06/2007)
04/10/2008	526	Appeal Record Returned as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, 445 Notice of Appeal - Final Judgment, 449 Notice of Appeal - Final Judgment, 465 Notice of Appeal - Final Judgment, 429 Notice of Appeal - Final Judgment, 464 Notice of Appeal - Final Judgment, 446 Notice of Appeal - Final Judgment, 466 Notice of Appeal - Final Judgment; Record returned on 4/10/2008 Consists of 1 env SEALED exhibits, 1 folder of exhibits, 3 SEALED PSI/REC and 4 vols SEALED docs. (HBB, ) cm attys G Andrews, A Gifford on 4/14/2008 (DWC, ). Modified on 5/14/2008 (HBB, ). (Entered: 04/10/2008)
04/10/2008	527	CORRECTED Appeal Record Returned as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, USCA# 05-17019-EE: 445 Notice of Appeal - Final Judgment, 449 Notice of Appeal - Final Judgment, 465 Notice of Appeal - Final Judgment, 429 Notice of Appeal - Final Judgment, 464 Notice of Appeal - Final Judgment, 446 Notice of Appeal - Final Judgment, 466 Notice of Appeal - Final Judgment; Corrected Record returned consists of 5 vols pleadings, 4 vols SEALED docs, 42 vols e-filed transcripts, 1 folder of exhibits, 1 SEALED exhibit, 3 SEALED PSI/REC (HBB, ) Modified on 5/14/2008 (HBB, ). (Entered: 04/11/2008)
04/10/2008	528	JUDGMENT of USCA (certified copy) dtd 10/24/2007 issued as mandate 4/9/2008 w/Published opinion attached as to McWane, Inc., James Delk, Michael Devine, USCA # 05-17019-EE re 445 Notice of Appeal - Final Judgment, 449 Notice of Appeal - Final Judgment, 465 Notice of Appeal - Final Judgment, 464 Notice of Appeal - Final Judgment, 446 Notice of Appeal - Final Judgment, 466 Notice of Appeal - Final Judgment; The case is remanded for entry of a judgment of acquittal in favor of dft McWane as to cnt 24s; The case is remanded for a new trial as to all dfts on the CWA conspiracy cnt 1s and for a new trial as to all dfts charged in the remaining substantive CWA cnts 2s,3s,5s, 7s-19s, 21s and 22s; REVERSED, VACATED and REMANDED. (EDMONDSON, Chief Judge, HULL and FORRESTER, District Judge) (HBB, ) Modified on 5/14/2008 (HBB, ). (Entered: 04/11/2008)
04/30/2008	529	MOTION to Continue by United States of America as to McWane, Inc., James Delk, Michael Devine. (Posey, Robert) (Entered: 04/30/2008)
04/30/2008	530	ORDER as set out as to McWane, Inc., James Delk, Michael Devine GRANTING re 529 MOTION to Continue filed by United States of America; It is ORDERED that the period of time between 4/30/2008 and 6/27/2008 shall be excluded from the computation of the time within which the retrial must commence. Signed by Judge C Lynwood Smith Jr on 4/30/2008. (HBB, ) (Entered: 04/30/2008)
05/20/2008	531	First MOTION to Withdraw as Attorney by Ilana Z. Sultan. by Charles Barry Robison. (Krakoff, David) cm attys Krafoff, Sultan on 5/21/2008 (DWC, ). (Entered: 05/20/2008)
06/20/2008	532	Second MOTION to Continue by United States of America as to McWane, Inc., James Delk, Michael Devine. (Attachments: # 1 letter from Clerk of Supreme Court)(Posey, Robert) (Entered: 06/20/2008)
06/26/2008	533	ORDER granting 532 Motion to Continue as to McWane, Inc. (1), James Delk (2), Michael Devine (3); the retrial is delayed, and the period of delay from 6/27/2008 to and including 7/25/2008 shall be excluded from the computation of time within which the retrial must commence. Signed by Judge C Lynwood Smith, Jr on 6/26/2008. (DWC, ) (Entered: 06/26/2008)
07/22/2008	534	MOTION to Continue by United States of America as to McWane, Inc., James Delk, Michael Devine. (Attachments: # 1 Supreme Court letter)(Posey, Robert) (Entered: 07/22/2008)
07/23/2008	535	ORDER as set out granting 534 Motion to Continue as to McWane, Inc. (1), James Delk (2), Michael Devine (3); It is ORDERED that the retrial in the case is continued and the period of delay from 7/25/2008 to and including 8/22/2008 shall be excluded from the computation of time within which the retrial must commence.. Signed by Judge C Lynwood Smith, Jr on 7/23/2008. (HBB, ) (Entered: 07/23/2008)
08/22/2008	536	Fourth MOTION to Continue by United States of America as to McWane, Inc., James Delk, Michael Devine. (Attachments: # 1 Petition for Writ of Certiorari)(Posey, Robert) (Entered: 08/22/2008)
08/22/2008	537	ORDER w/deadlines and instructions set out as to McWane, Inc., James Delk, Michael Devine Granting 536 MOTION to Continue filed by United States of America; It is ORDERED that retrial in the case is continued and the period of delay from 8/22/2008 until a date which is 7 days after the Supreme Court rules on the govt's or dft's petition for certiorari, whichever event occurs later in time, shall be excluded from the computation of time within which the retrial must commence. The parties are ORDERED to immediately notify this court in writing when the Supreme Court rules on these petitions and to apprise the court of the outcome.. Signed by Judge C Lynwood Smith, Jr on 8/22/2008. (HBB, ) (Entered: 08/22/2008)
12/02/2008	538	NOTICE of Action by Supreme Court by McWane, Inc., James Delk, Michael Devine (Posey, Robert) (Entered: 12/02/2008)
12/03/2008	539	NOTICE of Change of Firm Affiliation by McWane, Inc. (Jones, G) (Entered: 12/03/2008)
12/04/2008	540	Fifth MOTION to Continue by United States of America as to McWane, Inc., James Delk, Michael Devine. (Posey, Robert) (Entered: 12/04/2008)
12/05/2008	541	RESPONSE to by McWane, Inc., James Delk, Michael Devine as to McWane, Inc. to 5th Motion for Continuance (Jones, G) (Entered: 12/05/2008)
12/09/2008	542	NOTICE OF ATTORNEY APPEARANCE Michael W Whisonant appearing for USA. (Whisonant, Michael) (Entered: 12/09/2008)
12/17/2008	543	MOTION for Release of Funds by McWane, Inc. as to McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills. (Jones, G) cm atty I Sultan on 12/17/2008 (DWC, ). (Entered: 12/17/2008)
12/23/2008	544	ORDER granting 543 Motion for Release of Funds as to McWane, Inc. (1), James Delk (2), Michael Devine (3), Charles Barry Robison (4), Donald Bills (5) as set out. Signed by Judge C Lynwood Smith, Jr on 12/23/08. (SDA ) (Entered: 12/23/2008)
12/31/2008	545	ORDER as to McWane, Inc., James Delk, Michael Devine, the Court DEFERS ruling on USA's Fifth MOTION to Continue 540 ; Pretrial Conference set for 1/15/2009 01:30 PM in chambers adjacent to courtroom 3, Vance Fed Bldg before Judge C. Lynwood Smith, Jr.; Retrial in this case is continued pending the pretrial status conf and the period of delay from 12/8/2008 through (and including) 1/15/2009 shall be excluded from the computation of time. Signed by Judge C. Lynwood Smith, Jr., on 12/22/2008. (DWC, ) Modified on 12/31/2008 (LCW, ). (Entered: 12/31/2008)
01/07/2009	546	NOTICE OF ATTORNEY APPEARANCE: Christopher J Williams appearing for McWane, Inc. (Williams, Christopher) (Entered: 01/07/2009)
01/12/2009	547	ORDER as set out as to McWane, Inc., James Delk, Michael Devine Pretrial Status Conference RESET for Tuesday, 2/10/2009 01:30 PM held in Courtroom 3 of the Robert S. Vance Federal Building in B'HAM before Judge C Lynwood Smith Jr.. Signed by Judge C Lynwood Smith, Jr on 1/12/2009. (HBB, ) (Entered: 01/12/2009)
01/12/2009		Terminate Deadlines and Hearings as to McWane, Inc., James Delk, Michael Devine: (reset 2/10/2009) 547 (HBB, ) (Entered: 01/12/2009)
01/12/2009	548	MOTION to Withdraw as Attorney by Robert O. Posey. by United States of America as to McWane, Inc., James Delk, Michael Devine. (Posey, Robert) (Entered: 01/12/2009)
02/04/2009	549	NOTICE of Change of Firm Affiliation by James Delk (DePippo, Henry) (Entered: 02/04/2009)
02/10/2009	550	Sixth MOTION to Continue by United States of America as to McWane, Inc., James Delk, Michael Devine. (Whisonant, Michael) (Entered: 02/10/2009)
02/12/2009		ORDER granting 531 and 548 Motion to Withdraw as Attorneys. Robert O Posey and Ilana Z Sultan withdrawn from case. Signed by Magistrate-Judge Robert R Armstrong on 2/12/2009. (MEF) (Entered: 02/12/2009)
09/21/2009	551	MOTION to Seal Document, MOTION to Seal by United States of America as to McWane, Inc., James Delk, Michael Devine. (Whisonant, Michael) (Entered: 09/21/2009)
12/14/2009		ORDER granting 551 Motion to Seal Document 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)
02/12/2010	552	ORDER as to McWane, Inc., James Delk, Michael Devine GRANTING governments oral motion to dismiss the indictment. All charges herein are DISMISSED as to defendants McWane, Inc., James Delk, and Michael Devine. Signed by Judge C Lynwood Smith, Jr on 2/12/10. (SMH2, ) (Entered: 02/16/2010)
02/12/2010		DISMISSAL OF COUNTS on Government Motion as to McWane, Inc., James Delk, Michael Devine. (SMH2, ) (Entered: 02/16/2010)

U.S. District Court Northern District of Alabama (Southern) CRIMINAL DOCKET FOR CASE #: 2:04-cr-00199-RBP -RRA All Defendants

U.S. District Court
Northern District of Alabama (Southern)
CRIMINAL DOCKET FOR CASE #: 2:04-cr-00199-RBP -RRA All Defendants