| CLOSED |
Case title: USA v. Orphan Medical, Inc.
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Date Filed: 06/26/2007 Date Terminated: 11/21/2007 |
| Assigned to: Judge Eric N. Vitaliano | ||
Defendant (1) |
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Orphan Medical, Inc.
TERMINATED: 11/21/2007 |
represented by | Joseph 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 |
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| 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) |
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| Felony | ||
Terminated Counts |
Disposition |
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| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
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| None |
Plaintiff |
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| USA | represented by | Geoffrey 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 |
|---|---|---|
| 06/26/2007 | 1 | NOTICE of Intent to proceed under FRCrP 7(b) by Orphan Medical, Inc. (Attachments: # 1 Information Sheet) (Barrett, C) (Entered: 06/28/2007) |
| 07/09/2007 | 2 | Letter as to Orphan Medical, Inc. (Kaiser, Geoffrey) (Entered: 07/09/2007) |
| 07/12/2007 | 3 | 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) |
| 07/13/2007 | 5 | WAIVER OF INDICTMENT by Orphan Medical, Inc. (Barrett, C) (Entered: 07/20/2007) |
| 07/13/2007 | 6 | INFORMATION as to Orphan Medical, Inc. (1) count(s) 1. (Barrett, C) (Entered: 11/21/2007) |
| 07/13/2007 | 7 | Minute 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) |
| 07/18/2007 | 4 | ADMISSION 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) |
| 11/21/2007 | 8 | JUDGMENT 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) |
| 01/09/2009 | 10 | 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) |
| 01/09/2009 | 11 | MEMORANDUM 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) |
| 01/13/2009 | 12 | ORDER: 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) |
| 01/13/2009 | 13 | NOTICE OF ATTORNEY APPEARANCE Robert M Radick appearing for USA. (Radick, Robert) (Entered: 01/13/2009) |
| 01/14/2009 | 14 | 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) |
| 01/14/2009 | 15 | MEMORANDUM 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) |
| 01/15/2009 | 16 | Letter 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) |
| 01/15/2009 | 17 | ORDER: 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) |
| 01/22/2009 | 18 | 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) |
| 01/23/2009 | 19 | ORDER 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) | |
| 01/23/2009 | 20 | FILING 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) | |
| 01/26/2009 | 21 | ORDER 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) |