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 byJ 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 byAnnette 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 byLawrence 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 byNeil 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 byGeorge 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 byJoyce 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
05/25/2004INDICTMENT (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)
06/01/2004NOTICE OF ARRAIGNMENT ; set for 9:30 6/10/04 for McWane, Inc issued cm (YMB) (Entered: 06/01/2004)
06/01/2004NOTICE OF ARRAIGNMENT ; set for 9:30 6/10/04 for James Delk issued cm (YMB) (Entered: 06/01/2004)
06/01/2004NOTICE OF ARRAIGNMENT ; set for 9:30 6/10/04 for Michael Devine issued cm (YMB) (Entered: 06/01/2004)
06/01/2004NOTICE OF ARRAIGNMENT ; set for 9:30 6/10/04 for Charles "Barry" Robison issued cm (YMB) (Entered: 06/01/2004)
06/01/2004NOTICE OF ARRAIGNMENT ; set for 9:30 6/10/04 for Donald Bills issued cm (YMB) (Entered: 06/01/2004)
06/01/2004Recusal ORDER ( by Chief Judge U W. Clemon ) filed cm deemed filed 5/28/04 (YMB) (Entered: 06/01/2004)
06/14/2004NOTICE 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)
06/16/2004APPEARANCE for dft McWane, Inc by Attorney Jack W Selden filed (DWC) (Entered: 06/17/2004)
06/16/200410 APPEARANCE for dft McWane, Inc by Attorney G Douglas Jones filed (DWC) (Entered: 06/17/2004)
06/16/200411 APPEARANCE for dft McWane, Inc by Attorney Fournier J Gale III filed (DWC) (Entered: 06/17/2004)
06/16/200412 MOTION for attorney Henry J DePippo to appear pro hac vice by dft James Delk filed cs del RRA (DWC) (Entered: 06/17/2004)
06/16/200413 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)
06/16/200414 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)
06/16/200415 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)
06/16/200416 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)
06/17/200417 APPEARANCE for defendant Donald Bills by Attorneys George W Andrews, III and J Mark White filed (KWC) (Entered: 06/17/2004)
06/17/200418 BOND w/ackw of receipt of general orders attached Filed ( $500.00 unsecured) by James Delk (SLF) (Entered: 06/17/2004)
06/17/200419 BOND w/ackw of receipt of general orders attachedFiled ( $500.00 unsecured) by Michael Devine (SLF) (Entered: 06/17/2004)
06/17/200420 BOND w/ackw of receipt of general orders attached Filed ( $500.00 unsecured) by Charles "Barry" Robison (SLF) (Entered: 06/17/2004)
06/17/200421 BOND w/ackw of receipt of general orders attached Filed ( $500.00 unsecured) by Donald Bills (SLF) (Entered: 06/17/2004)
06/17/200422 REQUEST for disclosure by defendant McWane, Inc filed cm USA (KWC) (Entered: 06/17/2004)
06/22/200423  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)
06/22/200424  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)
06/22/200425  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)
06/22/200426  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)
06/22/200427  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)
06/24/200428 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)
06/24/200429 REQUEST for disclosure by dft Michael Devine filed cm AUSA (DWC) (Entered: 06/25/2004)
06/24/200430 REQUEST for disclosure by dft Charles "Barry" Robison filed cm AUSA (DWC) (Entered: 06/25/2004)
06/24/200431 Second REQUEST by dft McWane, Inc for discovery filed cs cm AUSA (DWC) (Entered: 06/25/2004)
06/24/200432 REQUEST for disclosure by dft James Delk filed cm AUSA (DWC) (Entered: 06/25/2004)
06/24/200433 First MOTION to produce by dft Donald Bills filed cs (DWC) (Entered: 06/25/2004)
06/28/200434 MOTION for preservation & inspection of rough notes by defendant Donald Bills filed cs (HBB) (Entered: 06/28/2004)
06/28/200435 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)
06/28/200436 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)
06/28/200437 MOTION for continuance of trial by defendant Donald Bills filed cs (del RBP) (HBB) Modified on 06/28/2004 (Entered: 06/28/2004)
06/28/200438 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)
06/29/200439 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)
07/01/200440 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)
07/07/200441 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)
07/12/200442 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)
07/15/200443 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)
07/19/200444 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)
07/20/200445 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)
07/23/200446 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)
07/29/200447 MOTION for withdrawal of Laura K McAfee, attorney for defendant Charles "Barry" Robison filed cs dl RBP (KWC) (Entered: 07/29/2004)
07/29/200448 MOTION for withdrawal of Amy M Lincoln, attorney for defendant Charles "Barry" Robison filed cs (KWC) (Entered: 07/29/2004)
08/02/200454 MOTION for attorney Ilana Z Sultan to appear pro hac vice by defendant Charles "Barry" Robison filed cs (KWC) (Entered: 08/04/2004)
08/02/200455 MOTION for attorney James T Parkinson to appear pro hac vice by defendant Charles "Barry" Robison filed cs (KWC) (Entered: 08/04/2004)
08/03/200449 NOTICE OF ARRAIGNMENT ; set for 9:30 8/12/04 for McWane, Inc issued cm (HBB) (Entered: 08/03/2004)
08/03/200450 NOTICE OF ARRAIGNMENT ; set for 9:30 8/12/04 for James Delk issued cm (HBB) (Entered: 08/03/2004)
08/03/200451 NOTICE OF ARRAIGNMENT ; set for 9:30 8/12/04 for Michael Devine issued cm (HBB) (Entered: 08/03/2004)
08/03/200452 NOTICE OF ARRAIGNMENT ; set for 9:30 8/12/04 for Charles "Barry" Robison issued cm (HBB) (Entered: 08/03/2004)
08/03/200453 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)
08/03/200456  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)
08/03/200457  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)
08/04/200458  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)
08/04/200459  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)
08/06/200460 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)
08/09/200461 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)
08/09/200462 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)
08/09/200463 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)
08/09/200464 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)
08/09/200465 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)
08/09/200466 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)
08/09/200467 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)
08/11/200468 WAIVER of appearance at arraignment by defendant Michael Devine filed cs (KWC) (Entered: 08/12/2004)
08/11/200469 WAIVER of appearance at arraignment by defendant James Delk filed cs (KWC) (Entered: 08/12/2004)
08/11/200470 WAIVER of appearance at arraignment by defendant Charles "Barry" Robison filed cs (KWC) (Entered: 08/12/2004)
08/11/200471 WAIVER of appearance at arraignment by defendant McWane, Inc filed cs (KWC) (Entered: 08/12/2004)
08/11/200472 WAIVER of appearance at arraignment by defendant Michael Devine filed cs (KWC) (Entered: 08/12/2004)
08/12/200473 MOTION for attorney Annette Gifford to appear pro hac vice by defendant James Delk filed cs (KWC) (Entered: 08/13/2004)
08/12/200474 MOTION for attorney Melissa Bayer Tearney to appear pro hac vice by defendant James Delk filed cs (KWC) (Entered: 08/13/2004)
08/12/200475 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)
08/16/200476 WAIVER of appearance at arraignment for the superseding indictment by defendant Donald Bills filed no cs (cy RRA) (HBB) (Entered: 08/17/2004)
08/23/200477 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)
08/23/200478 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)
08/24/200479 REQUEST by plaintiff USA for addt'l time to respond to defense motions filed cs (KWC) (Entered: 08/25/2004)
08/26/200480  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)
08/31/200481 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)
09/02/200482 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)
09/02/200483 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)
09/02/200484  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)
09/20/200485 CONSOLIDATED RESPONSE by plaintiff USA regarding [80-1] (del to RRA) filed cs (KSS) (Entered: 09/21/2004)
09/23/200486 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)
09/23/200487 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)
09/23/200488 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)
09/23/200489 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)
09/23/200490 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)
09/23/200491 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)
09/23/200492 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)
09/24/200493  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)
09/27/200494 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)
09/27/200495 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)
09/28/200496 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)
09/30/200497 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)
10/01/200498 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)
10/01/200499 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)
10/01/2004100 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)
10/01/2004101 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)
10/04/2004102 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)
10/04/2004103 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)
10/04/2004104 REQUEST by plaintiff USA for additional time to respond to defense motions filed cs (del RRA) (HBB) (Entered: 10/05/2004)
10/06/2004105 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)
10/08/2004106 APPEARANCE for defendant Donald Bills by Attorney Augusta S Dowd filed (HBB) (Entered: 10/08/2004)
10/12/2004107 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)
10/12/2004108 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)
10/12/2004109 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)
10/14/2004110 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)
10/14/2004111 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)
10/14/2004112 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)
10/14/2004113 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)
10/18/2004114 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)
10/18/2004115 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)
10/18/2004116 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)
10/21/2004117 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)
10/21/2004118 RESPONSE by plaintiff USA to dfts' 404(b) request filed cs (HBB) (Entered: 10/22/2004)
10/22/2004119 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)
10/22/2004120 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)
10/25/2004121 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)
10/25/2004122 MOTION to compel production of exculpatory and impeachment material by defendants filed cs dl RRA (KWC) (Entered: 10/26/2004)
10/25/2004123 MOTION to compel govt to fully comply with compulsion order doc #96 by defendants filed cs dl RRA (KWC) (Entered: 10/26/2004)
10/26/2004124 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)
10/27/2004125 REPLY by defendants to govt's response to dfts' 404(b) request filed cs (KWC) (Entered: 10/28/2004)
10/27/2004126 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)
10/27/2004127 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)
10/28/2004128 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)
10/29/2004129 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)
11/02/2004130 MOTION by miscellaneous AL Dept Environment to quash , and/or for protective order filed cs dl RBP (KWC) (Entered: 11/02/2004)
11/03/2004131 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)
11/03/2004132 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)
11/03/2004133 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)
11/04/2004134 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)
11/04/2004135 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)
11/04/2004136 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)
11/04/2004137 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)
11/04/2004138 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)
11/08/2004139 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)
11/09/2004140 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)
11/09/2004141 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)
11/10/2004142 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)
11/10/2004143 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)
11/17/2004144 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)
11/22/2004145  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)
11/23/2004146 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)
11/23/2004147  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)
11/24/2004148 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)
11/24/2004149 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)
11/29/2004150 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)
11/29/2004151  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)
12/06/2004152 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)
12/06/2004153 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)
12/10/2004154 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)
12/15/2004155 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)
12/20/2004156  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)
12/23/2004157 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)
12/23/2004158 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)
12/23/2004159 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)
12/23/2004160 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)
12/23/2004161 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)
12/23/2004162 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)
12/23/2004163 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)
01/03/2005164 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)
01/04/2005165  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)
01/10/2005166 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)
01/10/2005167 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)
01/12/2005168 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)
01/12/2005169  JOINT RESPONSE by parties to re 164 1/3/05 Order and MOTION to establish jury selection procedures (DWC, ) (Entered: 01/12/2005)
01/13/2005170 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)
01/14/2005171  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)
01/14/2005172  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)
01/14/2005173  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)
01/14/2005174  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)
01/14/2005175  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)
01/19/2005176 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)
01/21/2005177  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)
01/27/2005178 NOTICE OF ATTORNEY APPEARANCE: David E Roth appearing for McWane, Inc (Roth, David) (Entered: 01/27/2005)
01/31/2005179 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)
02/03/2005180 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)
02/03/2005181 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)
02/03/2005182 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)
02/09/2005183 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)
02/09/2005184  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)
02/09/2005185  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)
02/09/2005186 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)
02/10/2005190 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)
02/11/2005187 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)
02/11/2005188 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)
02/11/2005189 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)
02/14/2005191 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)
02/15/2005192 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)
02/15/2005193 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)
02/15/2005194 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)
02/16/2005195 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)
02/18/2005196 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)
02/22/2005197 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)
02/23/2005198 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)
02/24/2005199 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)
03/01/2005200 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)
03/02/2005201 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)
03/03/2005202 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)
03/03/2005203 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)
03/03/2005204 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)
03/03/2005205 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)
03/03/2005206 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)
03/03/2005207 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)
03/04/2005208 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)
03/04/2005209 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)
03/04/2005210 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)
03/04/2005211 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)
03/04/2005212 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)
03/07/2005213 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)
03/08/2005214 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)
03/09/2005215 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)
03/09/2005217  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)
03/09/2005218 Sealed Document (submission of rough notes) (BST, ) (Entered: 03/10/2005)
03/10/2005216 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)
03/10/2005219 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)
03/10/2005220 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)
03/10/2005221  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)
03/10/2005222 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)
03/10/2005223 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)
03/10/2005224  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)
03/11/2005225  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)
03/11/2005226  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)
03/11/2005227 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)
03/11/2005228  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)
03/14/2005229 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)
03/14/2005230 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)
03/14/2005231 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)
03/15/2005232 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)
03/16/2005233 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)
03/16/2005234 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)
03/17/2005235 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)
03/17/2005237  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)
03/17/2005238 Sealed Document Response by USA (Attachments: # 1 1# 2 2)(DWC, ) (Entered: 03/18/2005)
03/18/2005236 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)
03/18/2005239 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)
03/18/2005240 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)
03/21/2005241 NOTICE (Joint) of Defendants and United States of America of Submission of Proposed Juror Questionnaire (Selden, Jack) (Entered: 03/21/2005)
03/22/2005242 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)
03/23/2005243 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)
03/24/2005244 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)
03/24/2005245 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)
03/24/2005246 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)
03/24/2005247 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)
03/25/2005248 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)
03/25/2005249 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)
03/28/2005250 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)
03/28/2005251 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)
03/28/2005252 NOTICE Defendants' Proposed Substantive Jury Instructions (Selden, Jack) (Entered: 03/28/2005)
04/01/2005253 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)
04/01/2005254 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)
04/01/2005255 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)
04/04/2005256 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)
04/05/2005257  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)
04/05/2005258  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)
04/06/2005259 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)
04/07/2005260 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)
04/07/2005261 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)
04/08/2005262 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)
04/08/2005263 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)
04/08/2005264 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)
04/11/2005265 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)
04/11/2005266 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)
04/11/2005267 Sealed Document filed at the direction of the court (DWC, ) (Entered: 04/11/2005)
04/11/2005268 Sealed Document as to all dfts filed at the direction of the court (DWC, ) (Entered: 04/11/2005)
04/11/2005269 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)
04/11/2005270 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)
04/12/2005271 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)
04/13/2005272 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)
04/14/2005273 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)
04/14/2005274  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)
04/15/2005275 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)
04/15/2005276 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)
04/20/2005277 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)
04/20/2005278 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)
04/20/2005279 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)
04/20/2005280 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)
04/20/2005281 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)
04/20/2005282 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)
04/20/2005283 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)
04/20/2005284 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)
04/21/2005285 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)
04/22/2005286 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)
04/22/2005287 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)
04/25/2005288  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)
04/25/2005289 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)
04/28/2005290  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)
04/29/2005291  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)
04/29/2005292 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)
04/29/2005293 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)
04/29/2005294 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)
04/29/2005295 NOTICE Regarding Joint Stipulations (Cassidy, Kevin) (Entered: 04/29/2005)
04/29/2005296  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)
04/29/2005297 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)
04/29/2005298 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)
05/02/2005299  MOTION to Compel Production of FRCP 16(a)(1) Materials by McWane, Inc.. (Selden, Jack) (Entered: 05/02/2005)
05/02/2005300 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)
05/03/2005301 Jury Strikes of United States of America filed in open court (SCL, ) (Entered: 05/03/2005)
05/03/2005302 Jury Strikes of McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills filed in open court. (SCL, ) (Entered: 05/03/2005)
05/03/2005303 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)
05/05/2005304 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)
05/07/2005305  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)
05/08/2005306 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)
05/08/2005307 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)
05/08/2005308 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)
05/08/2005309 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)
05/08/2005310 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)
05/08/2005311 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)
05/08/2005312 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)
05/08/2005313 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)
05/09/2005314 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)
05/09/2005315 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)
05/09/2005316 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)
05/09/2005317  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)
05/09/2005318 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)
05/10/2005319 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)
05/10/2005320 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)
05/13/2005321 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)
05/18/2005322 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)
05/23/2005323 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)
05/23/2005324 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)
05/23/2005325 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)
05/23/2005326  MOTION for Acquittal of Count 1 by Charles Barry Robison. (Sultan, Ilana) (Entered: 05/23/2005)
05/23/2005327  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)
05/23/2005328 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)
05/23/2005329 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)
05/23/2005330 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)
05/23/2005331 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)
05/23/2005332  MOTION for Acquittal by Donald Bills. (Dowd, Augusta) (Entered: 05/23/2005)
05/23/2005333 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)
05/24/2005334 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)
05/25/2005335  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)
05/25/2005336 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)
05/26/2005337 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)
05/26/2005341 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)
05/27/2005338 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)
05/30/2005339  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)
05/31/2005340 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)
05/31/2005342 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)
05/31/2005343 Third MOTION in Limine Regarding RCRA Issues by McWane, Inc.. (Selden, Jack) (Entered: 05/31/2005)
05/31/2005344 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)
06/01/2005345 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)
06/01/2005346 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)
06/01/2005347 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)
06/01/2005348 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)
06/01/2005349 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)
06/02/2005350 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)
06/06/2005351 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)
06/10/2005352 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)
06/10/2005353 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)
06/13/2005354 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)
06/14/2005355 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)
06/17/2005356 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)
07/05/2005357 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)
07/07/2005358 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)
07/08/2005359 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)
07/08/2005360 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)
07/08/2005361 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)
07/08/2005362 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)
07/08/2005363 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)
07/08/2005364 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)
07/08/2005365 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)
07/08/2005366 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)
07/08/2005367 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)
07/08/2005368 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)
07/08/2005369 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)
07/08/2005370 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)
07/08/2005371 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)
07/08/2005372 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)
07/08/2005373 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)
07/08/2005374 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)
07/08/2005375 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)
07/08/2005376 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)
07/08/2005377 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)
07/10/2005378 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)
07/10/2005379 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)
07/10/2005380 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)
07/10/2005381 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)
07/10/2005382 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)
07/10/2005383 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)
07/15/2005384  MOTION for New Trial by Charles Barry Robison. (Sultan, Ilana) (Entered: 07/15/2005)
07/15/2005385 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)
07/15/2005386 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)
07/15/2005387 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)
07/15/2005388  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)
07/15/2005389  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)
07/15/2005390 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)
07/15/2005391 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)
07/19/2005392 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)
07/19/2005393 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)
07/19/2005394 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)
07/21/2005395 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)
07/21/2005396 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)
07/22/2005397 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)
07/25/2005398 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)
07/27/2005399 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)
07/27/2005400 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)
07/29/2005401 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)
08/02/2005402 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)
08/09/2005403 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)
08/09/2005404 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)
08/15/2005405 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)
08/29/2005406 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)
08/29/2005407 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)
08/29/2005408 REPLY TO RESPONSE to Motion by Charles Barry Robison re 384 MOTION for New Trial (Sultan, Ilana) (Entered: 08/29/2005)
08/29/2005409 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)
08/29/2005410 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)
08/29/2005411 Certificate of Service by James Delk re 410 Reply to Response (DePippo, Henry) (Entered: 08/29/2005)
08/29/2005412 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)
09/01/2005413 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)
09/06/2005414 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)
09/07/2005415 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)
09/13/2005416 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)
09/13/2005417 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)
11/02/2005418 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)
11/04/2005419 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)
11/21/2005420  MOTION to Seal McWane's Financial Information by McWane, Inc.. (Truitt, J) (Entered: 11/21/2005)
11/21/2005421 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)
11/30/2005422 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)
11/30/2005423 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)
11/30/2005424 SENTENCING MEMORANDUM by James Delk (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(DePippo, Henry) (Entered: 11/30/2005)
11/30/2005425 SENTENCING MEMORANDUM by Charles Barry Robison (Attachments: # 1 Exhibit Tabs 1-13# 2 Exhibit Tabs 14-28)(Sultan, Ilana) (Entered: 11/30/2005)
12/01/2005426 SENTENCING MEMORANDUM by Michael Devine (Helmsing, Frederick) (Entered: 12/01/2005)
12/02/2005427 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)
12/02/2005428  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)
12/06/2005429 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)
12/13/2005430 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)
12/13/2005431 PRESENTENCE INVESTIGATION REPORT (Sealed) as to McWane, Inc. filed w/USP DEEMED FILED 12/08/2005 (SDA, ) (Entered: 12/13/2005)
12/13/2005432 Sentencing Recommendations (Sealed) as to McWane, Inc. filed w/USP DEEMED FILED 12/08/2005 (SDA, ) (Entered: 12/13/2005)
12/13/2005433 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)
12/13/2005434 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Michael Devine filed w/USP DEEMED FILED 12/08/2005 (SDA, ) (Entered: 12/13/2005)
12/13/2005435 Sentencing Recommendations (Sealed) as to Michael Devine filed w/USP DEEMED FILED 12/08/2005 (SDA, ) (Entered: 12/13/2005)
12/13/2005436 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)
12/13/2005437 PRESENTENCE INVESTIGATION REPORT (Sealed) as to James Delk filed w/USP (SDA, ) (Entered: 12/13/2005)
12/13/2005438 Sentencing Recommendations (Sealed) as to James Delk filed w/USP DEEMED FILED 12/08/2005 (SDA, ) (Entered: 12/13/2005)
12/13/2005439 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)
12/13/2005440 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Charles Barry Robison filed w/USP DEEMED FILED 12/08/2005 (SDA, ) (Entered: 12/13/2005)
12/13/2005441 Sentencing Recommendations (Sealed) as to Charles Barry Robison filed w/USP DEEMED FILED 12/08/2005 (SDA, ) (Entered: 12/13/2005)
12/13/2005442 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)
12/13/2005443 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)
12/16/2005444 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)
12/19/2005445 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)
12/19/2005446 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)
12/19/2005447 Transmittal letter as to James Delk re 445 Notice of Appeal - Final Judgment (HBB, ) (Entered: 12/19/2005)
12/19/2005448 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)
12/19/2005449 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)
12/20/2005450 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)
12/20/2005451  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)
12/27/2005452 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)
12/28/2005453 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)
12/29/2005454 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)
01/03/2006455 TRANSCRIPT REQUEST by Michael Devine before Judge Judge Propst, re 449 Notice of Appeal - Final Judgment, (Lustberg, Lawrence) (Entered: 01/03/2006)
01/03/2006456 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)
01/04/2006457 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)
01/04/2006458 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)
01/04/2006459 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)
01/04/2006460 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)
01/04/2006461 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)
01/05/2006462 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)
01/06/2006463 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)
01/09/2006464 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)
01/09/2006465 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)
01/09/2006466 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)
01/10/2006467 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)
01/10/2006468 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)
01/10/2006469 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)
01/10/2006470 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)
01/10/2006471 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)
01/10/2006472 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)
01/10/2006473 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)
01/10/2006474 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)
01/10/2006475 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)
01/10/2006476 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)
01/13/2006477 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)
01/23/2006478 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)
01/23/2006479 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)
01/23/2006480 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)
01/23/2006481 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)
01/23/2006482 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)
02/03/2006483 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)
02/03/2006484 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)
02/06/2006485 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)
02/07/2006486 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)
02/07/2006487 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)
02/07/2006488 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)
02/07/2006489 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)
02/07/2006490 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)
02/07/2006491 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)
02/13/2006492 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)
02/15/2006493  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)
02/16/2006494 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)
02/16/2006495  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)
02/17/2006496 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)
02/27/2006497 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)
02/27/2006498 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)
02/27/2006499 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)
02/28/2006500 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)
03/01/2006501 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)
03/09/2006502 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)
03/10/2006503 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)
03/13/2006504 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)
04/20/2006505 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)
06/06/2006506 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)
09/06/2006507 NOTICE of McWane Storm Water and Recreation Project Second Status Report by McWane, Inc. (Jones, G) (Entered: 09/06/2006)
09/07/2006508 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)
09/15/2006509 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)
10/23/2006510  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)
10/24/2006511 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)
11/14/2006512 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)
12/06/2006513 NOTICE of McWane Storm Water Treatment and Recreation Project Third Status Report by McWane, Inc. (Attachments: # 1)(Jones, G) (Entered: 12/06/2006)
02/07/2007514 NOTICE of Change of Address by McWane, Inc., James Delk, Michael Devine, Charles Barry Robison, Donald Bills (Jones, G) (Entered: 02/07/2007)
03/06/2007515 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)
06/06/2007516 NOTICE of Defendant McWane's Fifth Status Report by McWane, Inc. (Jones, G) (Entered: 06/06/2007)
06/11/2007517 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)
09/05/2007518 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)
11/07/2007519 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)
11/07/2007520 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)
11/07/2007521 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)
12/04/2007524  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)
12/05/2007522  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)
12/05/2007523  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)
12/06/2007525 NOTICE Defendant Mcwane's Storm Water Treatment and Recreation Project Seventh Status Report by McWane, Inc. (Attachments: # 1)(Jones, G) (Entered: 12/06/2007)
04/10/2008526 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)
04/10/2008527 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)
04/10/2008528 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)
04/30/2008529  MOTION to Continue by United States of America as to McWane, Inc., James Delk, Michael Devine. (Posey, Robert) (Entered: 04/30/2008)
04/30/2008530 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)
05/20/2008531 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)
06/20/2008532 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)
06/26/2008533 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)
07/22/2008534  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)
07/23/2008535 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)
08/22/2008536 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)
08/22/2008537 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)
12/02/2008538 NOTICE of Action by Supreme Court by McWane, Inc., James Delk, Michael Devine (Posey, Robert) (Entered: 12/02/2008)
12/03/2008539 NOTICE of Change of Firm Affiliation by McWane, Inc. (Jones, G) (Entered: 12/03/2008)
12/04/2008540 Fifth MOTION to Continue by United States of America as to McWane, Inc., James Delk, Michael Devine. (Posey, Robert) (Entered: 12/04/2008)
12/05/2008541 RESPONSE to by McWane, Inc., James Delk, Michael Devine as to McWane, Inc. to 5th Motion for Continuance (Jones, G) (Entered: 12/05/2008)
12/09/2008542 NOTICE OF ATTORNEY APPEARANCE Michael W Whisonant appearing for USA. (Whisonant, Michael) (Entered: 12/09/2008)
12/17/2008543  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)
12/23/2008544 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)
12/31/2008545 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)
01/07/2009546 NOTICE OF ATTORNEY APPEARANCE: Christopher J Williams appearing for McWane, Inc. (Williams, Christopher) (Entered: 01/07/2009)
01/12/2009547 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)
01/12/2009548  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)
02/04/2009549 NOTICE of Change of Firm Affiliation by James Delk (DePippo, Henry) (Entered: 02/04/2009)
02/10/2009550 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)
09/21/2009551  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)
02/12/2010552 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)