CLOSED

U.S. District Court
Eastern District of New York (Brooklyn)
CRIMINAL DOCKET FOR CASE #: 1:07-cr-00531-ENV-1


Case title: USA v. Orphan Medical, Inc.
Other court case numbers: 1:06-cr-00229-ENV EDNY
1:07-cr-00180-ENV EDNY

Date Filed: 06/26/2007
Date Terminated: 11/21/2007

Assigned to: Judge Eric N. Vitaliano

Defendant (1)
Orphan Medical, Inc.
TERMINATED: 11/21/2007
represented byJoseph Sedwick Sollers , III
King & Spalding LLP
1700 Pennsylvania Avenue, NY
Washington, DC 20006
202-737-0500
Fax: 202-626-3737
Email: wsollers@kslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Mark A. Jensen
King & Spalding LLP
1700 Pennsylvania Avenue, NW
Washington, DC 20006
(202) 626-5526
Email: mjensen@kslaw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Andrew Chapman Hruska
King & Spalding LLP
1185 Avenue Of The Americas
New York, NY 10036
212-556-2100
Fax: 212-556-2222
Email: ahruska@kslaw.com

Pending Counts

Disposition
ADULTERATION OR MISBRANDING OF ANY FOOD, DRUG
(1)
$400.00 assessment; $5,000,000.00 fine; $12,262,078.00 restitution

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byGeoffrey Richard Kaiser
United States Attorneys Office
Eastern District of New York
Eastern District of New York
271 Cadman Plaza East
Brooklyn, NY 11201-1820
718-254-6128
TERMINATED: 01/13/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert M. Radick
Morvillo Abramowitz Grand Iason Anello & Bohrer, P.C.
565 Fifth Avenue
New York, NY 10017
212-856-9600
Fax: 212-856-9494
Email: rradick@maglaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/26/20071NOTICE of Intent to proceed under FRCrP 7(b) by Orphan Medical, Inc. (Attachments: # 1 Information Sheet) (Barrett, C) (Entered: 06/28/2007)
07/09/20072Letter as to Orphan Medical, Inc. (Kaiser, Geoffrey) (Entered: 07/09/2007)
07/12/20073 MOTION for Leave to Appear Pro Hac Vice for Joseph Sedwick Sollers III, with Affidavit in Support, Certificate of Good Standing, Proposed Order and Certificate of Service attached. Motion by Orphan Medical, Inc.. (Hruska, Andrew) Additional attachment(s) added on 7/19/2007 (Abdallah, Fida). (Entered: 07/12/2007)
07/13/20075WAIVER OF INDICTMENT by Orphan Medical, Inc. (Barrett, C) (Entered: 07/20/2007)
07/13/20076INFORMATION as to Orphan Medical, Inc. (1) count(s) 1. (Barrett, C) (Entered: 11/21/2007)
07/13/20077Minute Entry for proceedings held before Judge Eric N. Vitaliano: Allocution as to Orphan Medical, Inc. held on 7/13/2007. Plea Agreement Hearing as to Orphan Medical, Inc. held on 7/13/2007. Plea entered by Orphan Medical, Inc. (1) Guilty Count 1. Sentencing held on 7/13/2007 for Orphan Medical, Inc. (1), Count(s) 1, $400.00 assessment; $5,000,000.00 fine; $12,262,078.00 restitution. (Barrett, C) (Entered: 11/21/2007)
07/18/20074ADMISSION TO PRACTICE PRO HAC VICE, as to Orphan Medical, Inc., granting the 3 MOTION for Leave to Appear Pro Hac Vice for Joseph Sedwick Sollers III. Ordered by Judge Eric N. Vitaliano, on 7/12/2007. (Barrett, C) (Entered: 07/18/2007)
11/21/20078JUDGMENT as to Orphan Medical, Inc. (1), Count(s) 1, $400.00 assessment; $5,000,000.00 fine; $12,262,078.00 restitution. Ordered by Judge Eric N. Vitaliano, on 11/8/2007. Copies distributed. (Barrett, C) (Entered: 11/21/2007)
01/09/200910 MOTION to Alter Judgment -Request to Adjust Payment Schedule and Defer January 2009 Installment of Criminal Fine by Orphan Medical, Inc.. (Attachments: # 2 Certificate of Service) (Hruska, Andrew) (Entered: 01/09/2009)
01/09/200911MEMORANDUM in Support Orphan Medical, Inc. re 10 MOTION to Alter Judgment -Request to Adjust Payment Schedule and Defer January 2009 Installment of Criminal Fine (Hruska, Andrew) (Entered: 01/09/2009)
01/13/200912ORDER: Having concluded that there has been a "material change in the defendant's economic circumstances that might affect the defendant's ability to pay the fine," and with no objection from the government, the Court grants Orphan and Jazz's motion to delay payment of the $625,000 criminal fine due on January 15, 2009 until October 15, 2009. Ordered by Judge Eric N. Vitaliano on 1/12/2009. (Brucella, Michelle) (Entered: 01/13/2009)
01/13/200913NOTICE OF ATTORNEY APPEARANCE Robert M Radick appearing for USA. (Radick, Robert) (Entered: 01/13/2009)
01/14/200914 MOTION to Alter Judgment - Request to Adjust Payment Schedule and Defer January 2009 Installment of Criminal Restitution by Orphan Medical, Inc.. (Attachments: # 2 Certificate of Service) (Hruska, Andrew) (Entered: 01/14/2009)
01/14/200915MEMORANDUM in Support Orphan Medical, Inc. re 14 MOTION to Alter Judgment - Request to Adjust Payment Schedule and Defer January 2009 Installment of Criminal Restitution (Hruska, Andrew) (Entered: 01/14/2009)
01/15/200916Letter from AUSA Robert M. Radick to the Court Requesting Public Hearing for Orphan Medical, Inc.'s Motion Regarding Restitution as to Orphan Medical, Inc. (Radick, Robert) (Entered: 01/15/2009)
01/15/200917ORDER: On January 14, 2009, Orphan Medical, Inc., ("Orphan") moved this Court for an order delaying payment of $1,532,760 in criminal restitution due on January 15, 2009. Both Orphan and the government have requested a hearing on Orphan's motion. That hearing is hereby scheduled for January 26, 2009 at 2:30 PM. Parties are advised that they must be present at the hearing in order to be heard. In order to preserve the status quo, the criminal restitution payment currently due on January 15, 2009 is stayed until further order from this Court. Ordered by Judge Eric N. Vitaliano on 1/15/2009. (Brucella, Michelle) (Entered: 01/15/2009)
01/22/200918 MOTION for Leave to Appear Pro Hac Vice by Mark A. Jensen by Orphan Medical, Inc.. (Attachments: # 4 Certificate of Service) (Hruska, Andrew) (Entered: 01/22/2009)
01/23/200919ORDER granting 18 Motion for Leave to Appear Pro Hac Vice as to Mark A. Jensen. Ordered by Judge Eric N. Vitaliano on 1/23/2009. (Brucella, Michelle) (Entered: 01/23/2009)
01/23/2009  Attorney update in case as to Orphan Medical, Inc.. Attorney Mark A. Jensen for Orphan Medical, Inc. added. (Brucella, Michelle) (Entered: 01/23/2009)
01/23/200920FILING FEE received as to Orphan Medical, Inc. re 18 MOTION for Leave to Appear Pro Hac Vice by Mark A. Jensen. Fee: $25.00 PAID; Receipt #362364. (Brucella, Michelle) (Entered: 01/26/2009)
01/26/2009  Minute Entry for proceedings held before Judge Eric N. Vitaliano:Motion Hearing as to Orphan Medical, Inc. held on 1/26/2009 re 14 MOTION to Alter Judgment - Request to Adjust Payment Schedule and Defer January 2009 Installment of Criminal Restitution filed by Orphan Medical, Inc. Motion granted for reasons stated on the record. Robert Radick, Bonni Perlin and Paul Kaufman for USA and Mark Jensen for defendant present. (Court Reporter Anthony Frisolone.) (Villanueva, William) (Entered: 01/26/2009)
01/26/200921ORDER granting 14 Motion to Alter Judgment as to Orphan Medical, Inc. (1). Ordered by Judge Eric N. Vitaliano on 1/26/2009. (Villanueva, William) (Brucella, Michelle). (Entered: 01/26/2009)