Case title: USA v. Modern Continental Corp. |
Date Filed: 06/20/2008 |
| Assigned to: Judge Douglas P. Woodlock | ||
Defendant (1) |
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| Modern Continental Corp. | represented by | Dennis Ryan
Hinckley, Allen and Snyder, LLP 28 State Street Boston, MA 02109 617/345-9000 Email: dryan@haslaw.com ATTORNEY TO BE NOTICED Designation: Retained Laura B. Angelini Hinckley Allen & Snyder, LLP 28 State Street 30th Floor Boston, MA 02109 617-345-9000 Fax: 617-345-9020 Email: langelini@haslaw.com ATTORNEY TO BE NOTICED Designation: Retained Michael J. Connolly Hinckley, Allen and Snyder, LLP 28 State Street Boston, MA 02109 617-345-9000 ext.4598 Fax: 617-345-9020 Email: mconnolly@haslaw.com ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
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| 18:1020 - MAKING FALSE STATEMENTS IN CONNECTION WITH HIGHWAY PROJECTS (1) |
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| 18:1020 - MAKING FALSE STATEMENTS IN CONNECTION WITH HIGHWAY PROJECTS (7-44) |
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Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
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| 18:1020 - MAKING FALSE STATEMENTS IN CONNECTION WITH HIGHWAY PROJECTS (2-6) |
Dismissed Upon Government's Motion | |
| 18:1343 - WIRE FRAUD (45-49) |
Dismissed Upon Government's Motion | |
Highest Offense Level (Terminated) |
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| Felony | ||
Complaints |
Disposition |
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| None |
Plaintiff |
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| USA | represented by | Jeffrey Mark Cohen
United States Attorney's Office 1 Courthouse Way Boston, MA 02210 617-748-3626 Fax: 617-748-3969 Email: jeffrey.cohen@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Anthony E. Fuller United States Attorney's Office 1 Courthouse Way Boston, MA 02210 617-748-3100 Email: anthony.fuller@usdoj.gov ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/20/2008 | 1 | INFORMATION (Felony) as to Modern Continental Corp. (1) count(s) 1-44, 45-49. (Attachments: # 1 js45)(Catino2, Theresa) (Entered: 06/23/2008) |
| 06/23/2008 | 2 | NOTICE OF ATTORNEY APPEARANCE Jeffrey Mark Cohen appearing for USA. (Cohen, Jeffrey) (Entered: 06/23/2008) |
| 06/23/2008 | 3 | NOTICE OF ATTORNEY APPEARANCE Anthony E. Fuller appearing for USA. (Fuller, Anthony) (Entered: 06/23/2008) |
| 08/11/2008 | 4 | NOTICE OF ATTORNEY APPEARANCE: Laura B. Angelini appearing for Modern Continental Corp. (Angelini, Laura) (Entered: 08/11/2008) |
| 08/14/2008 | 5 | NOTICE OF ATTORNEY APPEARANCE: Michael J. Connolly appearing for Modern Continental Corp. (Connolly, Michael) (Entered: 08/14/2008) |
| 09/11/2008 | ELECTRONIC NOTICE OF HEARING as to Modern Continental Corp.: Initial Appearance set for 10/2/2008 10:00 AM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 09/11/2008) | |
| 10/02/2008 | 6 | WAIVER OF INDICTMENT by Modern Continental Corp. (Lovett, Jarrett) (Entered: 10/02/2008) |
| 10/02/2008 | Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Initial Appearance and Arraignment as to Modern Continental Corp. (1) Count 1-44,45-49 held on 10/2/2008, the defendant was sworn in, the Court conducted a colloquy of John Pastore on behalf of Modern Continental Corp. and a plea was entered by John Pastore on behalf of Modern Continental Corp. - Not Guilty on counts 1-49. The parties are to submit briefs re: bankruptcy jurisdiction, by 10/16/08. The parties are to file a joint motion for excludable delay. (Court Reporter Diane Molas.)(Attorneys present: AUSA Cohen for the Gvt. and Atty. Angelini for the defendant.) (LaRoche, Donald) (Entered: 10/03/2008) | |
| 10/03/2008 | 7 | Judge Douglas P. Woodlock: ORDER SETTING CRIMINAL JURY TRIAL entered as to Modern Continental Corp.: Pretrial Conference set for 4/28/2009 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. Jury Trial set for 5/4/2009 09:00 AM in Courtroom 1 before Judge Douglas P. Woodlock. Time excluded from 10/2/08 until 5/4/09. (Lovett, Jarrett) (Entered: 10/03/2008) |
| 10/16/2008 | 8 | Joint MOTION for Extension of Time to October 30, 2008 to File Briefing on Bankruptcy Jurisdiction as to Modern Continental Corp.. (Angelini, Laura) (Entered: 10/16/2008) |
| 10/17/2008 | Judge Douglas P. Woodlock: Electronic ORDER entered granting 8 Joint MOTION for Extension of Time to October 30, 2008 to File Briefing on Bankruptcy Jurisdiction as to Modern Continental Corp. (Lovett, Jarrett) (Entered: 10/17/2008) | |
| 10/17/2008 | 9 | Certificate of Service as to Modern Continental Corp.. (Cohen, Jeffrey) (Entered: 10/17/2008) |
| 10/30/2008 | 10 | Joint MOTION for Extension of Time to November 13, 2008 to File Joint Briefing as to Modern Continental Corp.. (Angelini, Laura) (Entered: 10/30/2008) |
| 10/30/2008 | Judge Douglas P. Woodlock: Electronic ORDER entered granting 10 Joint MOTION for Extension of Time to November 13, 2008 to File Joint Briefing re Bankruptcy Jurisdiction as to Modern Continental Corp. (Lovett, Jarrett) (Entered: 10/30/2008) | |
| 11/13/2008 | 11 | Memorandum regarding Joint Submission Regarding Bankruptcy Jurisdiction as to Modern Continental Corp. (Attachments: # 1 Exhibit A)(Angelini, Laura) (Entered: 11/13/2008) |
| 02/17/2009 | ELECTRONIC NOTICE OF HEARING as to Modern Continental Corp.: Status Conference set for 3/12/2009 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 02/17/2009) | |
| 03/12/2009 | 12 | NOTICE OF ATTORNEY APPEARANCE: Dennis Ryan appearing for Modern Continental Corp. (Seelye, Terri) (Entered: 03/12/2009) |
| 03/12/2009 | Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Status Conference as to Modern Continental Corp. held on 3/12/2009: Early resolution discussions ongoing; Court DENIES the parties joint oral request to reschedule Jury Trial. (Court Reporter: Diane Molas)(Attorneys present: AUSA's Fuller & Cohen for the Gov't; Angellini, Connolly & Ryan for the deft) (Lovett, Jarrett) (Entered: 03/12/2009) | |
| 04/08/2009 | 13 | Joint MOTION for Protective Order as to Modern Continental Corp.by USA. (Attachments: # 1 Text of Proposed Order)(Fuller, Anthony) (Entered: 04/08/2009) |
| 04/08/2009 | Judge Douglas P. Woodlock: Electronic ORDER entered granting 13 Motion for Protective Order as to Modern Continental Corp. (1) (Woodlock, Douglas) (Entered: 04/08/2009) | |
| 04/13/2009 | 14 | Proposed Voir Dire by USA as to Modern Continental Corp. (Cohen, Jeffrey) (Entered: 04/13/2009) |
| 04/13/2009 | 15 | Proposed Jury Instructions by USA as to Modern Continental Corp. (Cohen, Jeffrey) (Entered: 04/13/2009) |
| 04/13/2009 | 16 | STIPULATION re Fact by USA as to Modern Continental Corp. (Cohen, Jeffrey) (Entered: 04/13/2009) |
| 04/13/2009 | 17 | MOTION in Limine as to Modern Continental Corp.by USA. (Cohen, Jeffrey) (Entered: 04/13/2009) |
| 04/13/2009 | 18 | TRIAL BRIEF by USA as to Modern Continental Corp. (Cohen, Jeffrey) (Entered: 04/13/2009) |
| 04/13/2009 | 19 | MOTION in Limine as to Modern Continental Corp.. (Angelini, Laura) (Entered: 04/13/2009) |
| 04/13/2009 | 20 | TRIAL BRIEF by Modern Continental Corp. (Angelini, Laura) (Entered: 04/13/2009) |
| 04/13/2009 | 21 | Proposed Voir Dire by Modern Continental Corp. (Angelini, Laura) (Entered: 04/13/2009) |
| 04/13/2009 | 22 | Proposed Jury Questions by Modern Continental Corp. (Angelini, Laura) (Entered: 04/13/2009) |
| 04/22/2009 | 23 | MOTION to Dismiss Counts Forty-Five through Forty-Nine as to Modern Continental Corp.by USA. (Fuller, Anthony) (Entered: 04/22/2009) |
| 04/27/2009 | 24 | Opposition by USA as to Modern Continental Corp. re 19 MOTION in Limine (Fuller, Anthony) (Entered: 04/27/2009) |
| 04/27/2009 | 25 | Opposition by Modern Continental Corp. re 3 Exhibit Section 5.01 of C09B2 contract)(Angelini, Laura) (Entered: 04/27/2009) |
| 04/28/2009 | Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Final Pretrial Conference as to Modern Continental Corp. held on 4/28/2009: Jury Trial is rescheduled for 5/18/2009 09:00 AM in Courtroom 1 before Judge Douglas P. Woodlock, and expected to last 3-4 weeks. Court is focusing on contractual issue. Oral arguments heard as to Motions In Limine; 27 SEALED MOTION to File Document Under Seal or Have a Hearing as to Modern Continental Corporation is TAKEN UNDER ADVISEMENT pending the Government's Response. (Court Reporter: Diane Molas)(Attorneys present: AUSA's Cohen & Fuller for the Gov't; Connolly & Ryan for the deft) (Lovett, Jarrett) (Entered: 04/29/2009) | |
| 04/29/2009 | 26 | Assented to MOTION to Seal Document: Motion to file under seal as to Modern Continental Corp. (Attachments: # 1 Motion)(Seelye, Terri) (Entered: 04/29/2009) |
| 04/29/2009 | Judge Douglas P. Woodlock: Electronic ORDER entered granting 26 Motion to Seal Document as to Modern Continental Corp. (1) (Seelye, Terri) (Entered: 04/29/2009) | |
| 04/29/2009 | 27 | SEALED MOTION to file document under seal or have a hearing as to Modern Continental Corp. (Seelye, Terri) (Entered: 04/29/2009) |
| 05/01/2009 | 28 | Judge Douglas P. Woodlock: ORDER entered granting Motion to dismiss counts Forty-Five through Forty-Nine as to Modern Continental Corp. re 23 (Seelye, Terri) (Entered: 05/01/2009) |
| 05/04/2009 | ELECTRONIC NOTICE OF HEARING as to Modern Continental Corp. Change of Plea Hearing set for 5/6/2009 10:30 AM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 05/04/2009) | |
| 05/04/2009 | ELECTRONIC NOTICE OF RESCHEDULING as to Modern Continental Corp.: Change of Plea Hearing reset for 5/8/2009 09:00 AM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 05/04/2009) | |
| 05/08/2009 | Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Change of Plea Hearing as to Modern Continental Corp. held on 5/8/2009: No Plea Agreement presented; Corp. Resolution submitted to the Court; Corp. representative, John Pastore sworn; Counts 2-6 are Dismissed upon Gov't Motion; Maximum Penalties stated; Court conducts Colloquy; Gov't summarizes the facts; Plea entered by Modern Continental Corp. (1) Guilty Count(s) 1,7-44; Court finds sufficient facts and accepts the deft's plea; Sentencing is set for 8/11/09 @ 2:00 PM. (Court Reporter: Diane Molas)(Attorneys present: AUSA's Fuller & Cohen for the Gov't; Angellini, Connolly & Ryan for the deft) (Lovett, Jarrett) (Entered: 05/08/2009) | |
| 05/08/2009 | 29 | Judge Douglas P. Woodlock: ORDER entered. DISMISSAL OF COUNTS 2 through 6 on Government Motion as to Modern Continental Corp. (Lovett, Jarrett) (Entered: 05/08/2009) |
| 05/08/2009 | 30 | Judge Douglas P. Woodlock: ORDER entered. PROCEDURAL ORDER re sentencing hearing as to Modern Continental Corp.: Sentencing set for 8/11/2009 02:00 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 05/08/2009) |
| 05/08/2009 | 31 | Sealed Document: Corporate Resolution. (Seelye, Terri) (Entered: 05/08/2009) |
| 05/08/2009 | Judge Douglas P. Woodlock: Electronic ORDER entered finding as moot 27 SEALED MOTION to file document under seal or have a hearing as to Modern Continental Corp. in light of the Change of Plea hearing held on 5/8/09. (Lovett, Jarrett) (Entered: 05/08/2009) | |
| 07/16/2009 | 33 | SENTENCING MEMORANDUM by Modern Continental Corp. (Attachments: # 44 Exhibit)(Ryan, Dennis) (Entered: 07/16/2009) |
| 07/16/2009 | 34 | APPENDIX/EXHIBIT by Modern Continental Corp. 3 Exhibit #48)(Ryan, Dennis) (Entered: 07/16/2009) |
| 07/16/2009 | 35 | MOTION for Leave to File Excess Pages as to Modern Continental Corp.. (Ryan, Dennis) (Entered: 07/16/2009) |
| 07/17/2009 | Judge Douglas P. Woodlock: Electronic ORDER entered granting 35 Motion for Leave to File Excess Pages as to Modern Continental Corp. (1) (Lovett, Jarrett) (Entered: 07/17/2009) | |
| 07/17/2009 | 36 | SENTENCING MEMORANDUM by Modern Continental Corp., FILED. (Bound Memorandum with Exhibits 1-48 - not scanned) (Boyce, Kathy) (Entered: 07/17/2009) |
| 07/28/2009 | 37 | Transcript of Change of Plea as to Modern Continental Corp. held on May 8, 2009, before Judge Woodlock. Court Reporter Diane M.Molas at 267-977-2909. The Transcript may be purchased through the Court Reporter, viewed at the Request due 8/17/2009. Redacted Transcript Deadline set for 8/25/2009. Release of Transcript Restriction set for 10/23/2009. (Scalfani, Deborah) (Entered: 07/28/2009) |
| 07/28/2009 | 38 | NOTICE is hereby given that an official transcript of a proceeding as to Modern Continental Corp. has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Scalfani, Deborah) (Entered: 07/28/2009) |
| 08/11/2009 | Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Sentencing held on 8/11/2009 for Modern Continental Corp.: Oral arguments re: objection to the PSR heard by the Court; Court Orders the Gov't to file expert affidavits pertaining to it's case-in-chief by 10/12/09, the deft's response pertaining to its case-in-chief is due by 11/12/09; the parties are to decide whether or not to examine any expert witnesses at the next scheduled sentencing hearing of which the date is TBD. (Court Reporter: Debra Joyce)(Attorneys present: AUSA's Cohen & Fuller for the Gov't; Connolly, Ryan for the deft; Murphy (Corp. counsel in bankruptcy matter)) (USPO: T. Marcy) (Lovett, Jarrett) (Entered: 08/11/2009) | |
| 10/09/2009 | 39 | SENTENCING MEMORANDUM by USA as to Modern Continental Corp. (Attachments: # 3 Exhibit)(Cohen, Jeffrey) (Entered: 10/09/2009) |
| 11/12/2009 | 40 | Memorandum regarding Memorandum of Law of Modern Continental Corp. in Opposition to United States' Initial Sentencing Memorandum as to Modern Continental Corp. (Ryan, Dennis) (Entered: 11/12/2009) |
| 11/12/2009 | 41 | AFFIDAVIT by Modern Continental Corp. 4 Exhibit D)(Ryan, Dennis) (Entered: 11/12/2009) |
| 01/22/2010 | ELECTRONIC NOTICE OF HEARING as to Modern Continental Corp.: Further Sentencing set for 3/3/2010 02:00 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 01/22/2010) | |
| 03/03/2010 | Electronic Clerk Notes for proceedings held before Judge Douglas P. Woodlock: Further Sentencing held on 3/3/2010 as to Modern Continental Corp. (1); Court is apprised of an agreement made between the parties regarding damages; Government and defendants argument heard as to criminal culpability and Panel EO-45; Govt is to filed brief on said issues within 3/24/10; defendant is not challenging the Affidavit of Gregory Splagounias regarding damages; Government and defendant does not object to judgment entering without a further hearing under the proposed provisions stated on the record; written recommendations permitted to be filed; the Court will set a further Sentencing Hearing if necessary. Defendants response to the Governments brief is due by 3/31/10. Revisions to the PSR shall be submitted. (Court Reporter: Brenda Hancock)(USPO: T. Marcy)(Attorneys present: AUSA Cohen for the Gov't; Connolly & Ryan for the deft) (Lovett, Jarrett) (Entered: 03/03/2010) | |
| 03/23/2010 | 46 | Transcript of Further Sentencing Hearing as to Modern Continental Corp. held on March 3, 2010, before Judge Douglas P. Woodlock. Court Reporter Name and Contact Information: Brenda Hancock at 617-439-3214 The Transcript may be purchased through the Court Reporter, viewed at the public terminal, 4/13/2010. Redacted Transcript Deadline set for 4/23/2010. Release of Transcript Restriction set for 6/21/2010. (Scalfani, Deborah) (Entered: 03/23/2010) |
| 03/23/2010 | 47 | NOTICE is hereby given that an official transcript of a proceeding as to Modern Continental Corp. has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Scalfani, Deborah) (Entered: 03/23/2010) |
| 03/24/2010 | 48 | Assented to MOTION for Leave to File Excess Pages as to Modern Continental Corp.by USA. (Cohen, Jeffrey) (Entered: 03/24/2010) |
| 03/24/2010 | 49 | SENTENCING MEMORANDUM by USA as to Modern Continental Corp. (Attachments: # 1 Exhibit)(Cohen, Jeffrey) (Entered: 03/24/2010) |
| 04/07/2010 | Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting 48 Assented to MOTION for Leave to File Excess Pages as to Modern Continental Corp. (1) by USA. (Lovett, Jarrett) (Entered: 04/07/2010) |