| CLOSED |
Case title: USA v. Zalenski, et al |
Date Filed: 03/29/2001 Date Terminated: 03/24/2003 |
| Assigned to: Judge Anthony W. Ishii | ||
Defendant (3) |
||
|
New Age Metal Finishing LLC
TERMINATED: 03/24/2003 |
represented by | Patience Milrod
Law Office of Patience Milrod 844 N. Van Ness Avenue Fresno, CA 93728 (559) 442-3111 Fax: (559) 442-3164 Email: pm@patiencemilrod.com TERMINATED: 03/24/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 33:1317, 1319(C)(2)(a) AND 1342 KNOWING VIOLATION OF THE CLEAN WATER ACT; 18 USC 2 AIDING AND ABETTING (1) |
36 months unsupervised probation; $400 penalty assessment; $350,000 fine/$255,000 stayed; appeal rights waived | |
Highest Offense Level (Opening) |
||
| Felony | ||
Terminated Counts |
Disposition |
|
| 33:1317, 1319(C)(2)(a) AND 1342 KNOWING VIOLATION OF THE CLEAN WATER ACT; 18 USC 2 AIDING AND ABETTING (2-10) |
DISMISSED | |
Highest Offense Level (Terminated) |
||
| Felony | ||
Complaints |
Disposition |
|
| None |
Plaintiff |
||
| USA | represented by | Bobbie J. Montoya , flu
United States Attorney's Office 501 I Street Suite 10-100 Sacramento, CA 95814 916-554-2775 Fax: 916-554-2900 Email: bobbie.montoya@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard J Cutler U S Attorneys office 1130 O Street Room 3654 Fresno, CA 93721 498-7272 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/29/2001 | 1 | INDICTMENT by US Attorney Richard J Cutler Counts filed against Michael Joseph Zalenski (1) count(s) 1-10, James David Roby (2) count(s) 1-10, New Age Metal (3) count(s) 1-10 (hl) (Entered: 03/30/2001) |
| 03/29/2001 | SUMMONS issued arraignment set for 11:00 4/11/01 for New Age Metal before duty Magistrate (hl) (Entered: 03/30/2001) | |
| 04/05/2001 | 3 | SUMMONS executed upon New Age Metal on 4/3/01 (mm) (Entered: 04/06/2001) |
| 04/11/2001 | 5 | MINUTES before Judge Snyder dft James David Roby arraigned; not guilty plea entered; Attorney Patience Milrod present; , dft ordered released; pretrial motions filing ddl set for 6/25/01; replies due 7/13/01; hearing on motions/trial setting set for 9:00 7/30/01 before Judge Ishii for James David Roby , excludable time started for all dfts C/R A Alvarez (jv) (Entered: 04/12/2001) |
| 04/11/2001 | 6 | MINUTES before Judge Snyder dft New Age Metal arraigned; not guilty plea entered; Attorney Patience Milrod present; , pretrial motions filing ddl set for 6/25/01; replies due 7/13/01; hearing on motions/trial setting set for 9:00 7/30/01 before Judge Ishii for New Age Metal C/R A Alvarez (jv) (Entered: 04/12/2001) |
| 04/11/2001 | 7 | MINUTES before Judge Snyder dft Michael Joseph Zalenski arraigned; not guilty plea entered; Attorney Patience Milrod present; , dft ordered released; pretrial motions filing ddl set for 6/25/01; replies due 7/13/01; hearing on motions/trial setting set for 9:00 7/30/01 before Judge Ishii , excludable time started for Michael Joseph Zalenski, James David Roby, New Age Metal C/R A Alvarez (jv) (Entered: 04/12/2001) |
| 04/11/2001 | 8 | ATTORNEY APPEARANCE for Michael Joseph Zalenski, James David Roby, New Age Metal by attorney Patience Milrod (retained) (jv) (Entered: 04/12/2001) |
| 07/30/2001 | 18 | MINUTES before Judge Anthony W. Ishii RE: status conference held; motion to reserve motions by defendant Michael Joseph Zalenski, defendant James David Roby [16-1] GRANTED, motion for discovery by defendant Michael Joseph Zalenski, defendant James David Roby [14-1] GRANTED pretrial motions filing ddl set for 10/1/01 for Michael Joseph Zalenski, for James David Roby, for New Age Metal; opposition ddl 10/15/01; reply ddl 10/29/01; motions hearing set for 9:00 11/5/01 for Michael Joseph Zalenski, for James David Roby, for New Age Metal before Judge Ishii ctrm 3 , excludable time started for Michael Joseph Zalenski, James David Roby, New Age Metal start date: 07/30/01 end date: 11/05/01 C/R G Thomas (rab) (Entered: 07/31/2001) |
| 09/21/2001 | LODGED stipulation and order for pre-plea preparation of presentence report by dfts Michael Joseph Zalenski, James David Roby, New Age Metal (not signed by pltf USA) (jv) (Entered: 09/24/2001) | |
| 09/24/2001 | 19 | STIPULATION AND ORDER by Judge Anthony W. Ishii lodged stipulation for pre-plea preparation of presentence report as to Michael Zalenski [0-0] GRANTED (cc: all counsel) - (jv) (Entered: 09/25/2001) |
| 09/26/2001 | LODGED stipulation and order to reset motions schedule by defendants, plaintiff (jv) (Entered: 09/27/2001) | |
| 09/27/2001 | 20 | STIPULATION AND ORDER by Judge Ishii lodged stipulation to reset motions schedule [0-0] GRANTED pretrial motions filing ddl set for 1/14/02 for dfts Michael Joseph Zalenski, James David Roby and New Age Metal; opposition due 1/28/02; replies due 2/11/02; in-court hearing re defense motions set for 9:00 2/19/02 before Judge Ishii; if motions are not filed, court will conduct a status hearing/trial setting set for 9:00 2/19/02 , excludable time started for all dfts start date: 9/26/01 end date: 2/19/02 (cc: all counsel) - (jv) (Entered: 09/28/2001) |
| 01/04/2002 | 21 | STIPULATION AND ORDER by Judge Anthony W. Ishii ORDERING pretrial motions filing ddl set for 2/25/02 for Michael Joseph Zalenski, James David Roby and New Age Metal; opposition filing ddl set for 3/11/02 for plaintiffs; reply filing ddl set for 3/25/02 for defendants; in-court motion hearing CONTINUED TO 9:00 on 4/8/02 in ctrm 3 before Judge Ishii for Michael Joseph Zalenski, James David Roby and New Age Metal; status conference/trial setting hearing set for 9:00 on 4/8/02 in ctrm 3 before Judge Ishii for Michael Joseph Zalenski, James David Roby and New Age Metal; case mgmt ddl set for 1/21/02 for US Probation to prepare and provide to the parties' counsel a presentence report and recommendation (cc: all counsel) - (old) (Entered: 01/04/2002) |
| 02/22/2002 | LODGED stipulation to reset motions schedule by defendants , plaintiff (jv) (Entered: 02/25/2002) | |
| 02/25/2002 | 22 | STIPULATION AND ORDER by Judge Anthony W. Ishii pretrial motions filing ddl set for 3/11/02 for defendants Michael Joseph Zalenski, James David Roby, New Age Metal; status hearing and trial setting set for 9:00 4/22/02 for defendants , opposition to defense motions shall be filed by 3/25/02; defendants shall file and serve their reply to plaintiffs opposition no later than 4/8/02; defense motions will be heard 4/22/02 at 9:00; previous motion schedule and hearing set for 4/8/02 are VACATED (cc: all counsel - (old) (Entered: 02/26/2002) |
| 03/12/2002 | LODGED Stipulation and order to reset motions schedule by dft's Michael Joseph Zalenski, James David Roby, New Age Metal (rcf) (Entered: 03/13/2002) | |
| 03/13/2002 | 23 | STIPULATION AND ORDER by Judge Anthony W. Ishii Stipulation and Order to Reset Motions Schedule [0-0] GRANTED deft's motions filing ddl set for 5/27/02 for dft's Michael Joseph Zalenski, for James David Roby, for New Age Metal; pltf's opposition ddl 6/10/02; dft's reply ddl 6/24/02; status conf/trial setting set for 9:00 7/1/02 for dft's Michael Joseph Zalenski, James David Roby, for New Age Metal ; time will be excluded to and through the date of ruling on any motions; FURTHER ORDERING the previous motions schedule and hrg set for 4/22/02 are VACATED (cc: all counsel) - (rcf) (Entered: 03/14/2002) |
| 05/23/2002 | 24 | STIPULATION AND ORDER by Judge Ishii motions filing ddl EXTENDED to 8/26/02 for ALL defts; pltf's opposition ddl 9/9/02; dfts' reply to opposition ddl 9/23/02; defense motions and status conference SET for 9:00 10/7/02 , XE started for dfts Michael Joseph Zalenski, James David Roby, New Age Metal start date: 5/23/02 end date: 10/7/02 hrg set for 7/1/02 at 9:00 are VACATED (cc: counsel) - (jh) (Entered: 05/24/2002) |
| 05/23/2002 | LODGED Stipulation and order to reset motions schedule by dft's Michael Joseph Zalenski, James David Roby, New Age Metal (rcf) (Entered: 05/24/2002) | |
| 08/19/2002 | LODGED stipulation to reset motions schedule by defendants, plaintiff (jv) (Entered: 08/20/2002) | |
| 08/20/2002 | 25 | STIPULATION AND ORDER by Judge Ishii lodged stipulation [0-0] GRANTED pretrial motions filing ddl set for 9/23/02 for Michael Joseph Zalenski, James David Roby and New Age Metal; pltf's opposition due 10/7/02; dfts' reply due 10/21/02; in-court hearing re defense motions set for 9:00 11/4/02 before Judge Ishii; if motions are not filed, court will set status conference/trial setting for 9:00 11/4/02 , excludable time started for all dfts start date: 8/20/02 end date: 11/4/02 (cc: all counsel) - (jv) (Entered: 08/21/2002) |
| 09/18/2002 | LODGED stipulation and order to reset motions schedule by defendants (cs) (Entered: 09/19/2002) | |
| 09/20/2002 | 26 | STIPULATION AND ORDER by Judge Anthony W. Ishii dfts shall file and serve mtns no later than 10/28/02; pltf shall file and serve opposition to defense mtns no later than 11/25/02, dfts shall file and serve their reply to pltf's opposition no later than 12/16/02; defense mtns will be heard 01/06/03 at 9:00; in the event motions are not file, the court will conduct a status conf/trial setting on 01/06/03 at 9:00; it is further ORDERED that the previous motions schedule and the hearing in this matter present set for 11/4/02 are VACATED 2 (cc: all counsel) - (old) (Entered: 09/23/2002) |
| 10/31/2002 | LODGED stipulation to reset motions schedule by defendants, plaintiff (jv) (Entered: 11/01/2002) | |
| 11/01/2002 | 27 | STIPULATION AND ORDER by Judge Anthony W. Ishii motions filing ddl set for 11/12/02 for dfts Michael Joseph Zalenski, James David Roby, New Age Metal; pltf opposition ddl 12/2/02; reply to opposition ddl 12/16/02; defense motions hearing set for 9:00 1/6/03 , excludable time started for dfts start date: 11/1/02 end date: 1/6/03 (cc: all counsel) - (cs) (Entered: 11/04/2002) |
| 12/17/2002 | 28 | PLEA Agreement as to New Age Metal (jv) (Entered: 12/18/2002) |
| 12/17/2002 | LODGED stipulation and order to bifurcate entry of plea and imposition of judgment by defendants, plaintiff (jv) (Entered: 12/18/2002) | |
| 12/19/2002 | 30 | NOTICE RE PASSPORT by M Olsen, US Pretrial addressed to Office of Citzenship informing them that dft Zalenski is not to obtain a new passport during pendency of action and notice of his surrendered passport [12-1] (jv) Modified on 12/20/2002 (Entered: 12/20/2002) |
| 12/19/2002 | 31 | NOTICE RE PASSPORT addressed to Office of Citzenship informing them that dft Roby is not to apply for another passport during pendency of action and notice of his surrendered passport [13-1] (jv) (Entered: 12/20/2002) |
| 12/19/2002 | 32 | STIPULATION AND ORDER to bifurcate entry of plea and imposition of judgment by Judge Anthony W. Ishii dfts will enter pleas of guilty pursuant to plea agreements on 1/6/03; sentencing set for 9:00 3/3/03 for dfts; in the event the court elects to reject agreements, dfts will be allowed to withdraw their pleas and a status hearing and trial setting will be held on 9:00 3/3/03 for Michael Joseph Zalenski, James David Roby and New Age Metal , excludable time started for dfts start date: 12/19/02 end date: 3/3/03 (cc: all counsel) - (jv) (Entered: 12/20/2002) |
| 01/06/2003 | 33 | MINUTES before Judge Anthony W. Ishii status hearing set for 9:00 3/10/03 before Judge Ishii for James David Roby , excludble time started for all dfts start date: 1/6/03 end date: 3/10/03 interpreter: none; C/R G Thomas (jv) (Entered: 01/07/2003) |
| 01/06/2003 | 34 | MINUTES before Judge Anthony W. Ishii guilty plea entered by New Age Metal (3) to count 1 , sentencing hearing continued to 9:00 3/10/03 before Judge Ishii for New Age Metal interpreter: none; C/R G Thomas (jv) (Entered: 01/07/2003) |
| 03/03/2003 | 37 | STIPULATION to continue sentencing hearing (cc: all counsel) (sr) (Entered: 03/04/2003) |
| 03/03/2003 | LODGED order to continue sentencing hearing by plaintiff USA (sr) (Entered: 03/04/2003) | |
| 03/04/2003 | 38 | ORDER by Judge Anthony W. Ishii sentencing hearing continued to 9:00 3/24/03 for Michael Joseph Zalenski, for New Age (cc: all counsel) (sr) (Entered: 03/05/2003) |
| 03/24/2003 | 40 | MINUTES before Judge Anthony W. Ishii sentencing hearing held on 3/24/03 as to defendant New Age Metal , sentencing dft (3) count(s) 1. 36 months unsupervised probation; $400 penalty assessment; $350,000 fine/$255,000 stayed; appeal rights waived , counts as to dft (3) count(s) 2-10. DISMISSED by Govt , terminating dft New Age Metal C/R G Thomas (sr) (Entered: 03/25/2003) |
| 03/24/2003 | LODGED request for dismissal of indictment by plaintiff USA (sr) (Entered: 03/25/2003) | |
| 03/28/2003 | 43 | JUDGMENT and Commitment issued as to New Age Metal by Judge Anthony W. Ishii (tel) (Entered: 03/31/2003) |
| 04/01/2003 | 45 | NOTICE regarding Passport of James David Roby by Pretrial Services Office (tel) (Entered: 04/02/2003) |
| 04/08/2003 | 46 | ORDER by Judge Anthony W. Ishii to return passport [13-1] to James David Roby forthwith (cc: all counsel) (hl) (Entered: 04/08/2003) |
| 03/10/2004 | 48 | ORDER by Judge Anthony W. Ishii EXONERATING BOND for dft Michael Zalinski; as dft has surrendered as ordered by the court, the dft's passport is ordered returned (cc: all counsel) (jv) (Entered: 03/11/2004) |
| 12/08/2004 | 50 | ORDER by Judge Anthony W. Ishii ORDERING that dft Michael Zalenski be discharged from the term of probation and that the proceedings in the case be terminated (cc: all counsel) (jv) (Entered: 12/09/2004) |
| 03/28/2007 | 52 | NOTICE of United States Release of Lien For Fine/Restitution by USA as to New Age Metal Finishing LLC. (Montoya, Bobbie) (Entered: 03/28/2007) |