CLOSED

U.S. District Court
Eastern District of California - Live System (Fresno)
CRIMINAL DOCKET FOR CASE #: 1:01-cr-05136-AWI-3


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 byPatience 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 byBobbie 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
03/29/2001INDICTMENT 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)
04/05/2001SUMMONS executed upon New Age Metal on 4/3/01 (mm) (Entered: 04/06/2001)
04/11/2001MINUTES 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)
04/11/2001MINUTES 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)
04/11/2001MINUTES 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)
04/11/2001ATTORNEY APPEARANCE for Michael Joseph Zalenski, James David Roby, New Age Metal by attorney Patience Milrod (retained) (jv) (Entered: 04/12/2001)
07/30/200118 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)
09/24/200119 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)
09/27/200120 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)
01/04/200221 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)
02/25/200222 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)
03/13/200223 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)
05/23/200224 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)
08/20/200225 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)
09/20/200226  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)
11/01/200227 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)
12/17/200228 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)
12/19/200230 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)
12/19/200231 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)
12/19/200232 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)
01/06/200333 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)
01/06/200334 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)
03/03/200337 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)
03/04/200338 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)
03/24/200340 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)
03/28/200343 JUDGMENT and Commitment issued as to New Age Metal by Judge Anthony W. Ishii (tel) (Entered: 03/31/2003)
04/01/200345 NOTICE regarding Passport of James David Roby by Pretrial Services Office (tel) (Entered: 04/02/2003)
04/08/200346 ORDER by Judge Anthony W. Ishii to return passport [13-1] to James David Roby forthwith (cc: all counsel) (hl) (Entered: 04/08/2003)
03/10/200448 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)
12/08/200450 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)
03/28/200752 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)