TERMED

U.S. District Court
District of Colorado (Denver)
CRIMINAL DOCKET FOR CASE #: 1:09-cr-00389-WYD All Defendants


Case title: USA v. Xcel Energy Inc. et al

Date Filed: 08/27/2009
Date Terminated: 01/10/2012

Assigned to: Chief Judge Wiley Y. Daniel

Defendant (1)
Xcel Energy Inc.
TERMINATED: 07/01/2011
represented byClifford Benjamin Stricklin
Bryan Cave HRO-Denver
1700 Lincoln Street
#4100
Denver, CO 80203-4541
303-866-0372
Fax: 303-866-0200
Email: cliff.stricklin@hro.com
Designation: Retained

Linnea Brown
Temkin Wielga & Hardt, L.L.P
1900 Wazee Street
#303
Denver, CO 80202
303-292-4922
Email: brown@twhlaw.com
Designation: Retained

Michael James Hofmann
Bryan Cave HRO-Denver
1700 Lincoln Street
#4100
Denver, CO 80203-4541
303-861-7000
Fax: 303-866-0200
Email: michael.hofmann@bryancave.com
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
Violating OSHA Regulation and Causing Death
(1-5)
Judgment of Acquittal. Counts 1 - 5 of the Indictment is dismissed. Defendant acquitted of all charges and Indictment is dismissed.

Highest Offense Level (Terminated)
Misdemeanor

Complaints

Disposition
None

Assigned to: Chief Judge Wiley Y. Daniel

Defendant (2)
Public Service Company of Colorado
TERMINATED: 06/30/2011
represented byClifford Benjamin Stricklin
(See above for address)
ATTORNEY TO BE NOTICED

Linnea Brown
(See above for address)
ATTORNEY TO BE NOTICED

Michael James Hofmann
(See above for address)
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
Violating OSHA Regulation and Causing Death
(1-5)
Judgment of Acquittal. Counts 1 - 5 of the Indictment are dismissed. Defendant acquitted of all charges and Indictment is dismissed.

Highest Offense Level (Terminated)
Misdemeanor

Complaints

Disposition
None

Assigned to: Chief Judge Wiley Y. Daniel

Defendant (3)
RPI Coating, Inc.
TERMINATED: 01/10/2012
represented byDavid Scott Kaplan
Haddon, Morgan & Foreman, P.C.
150 East 10th Avenue
Denver, CO 80203
303-831-7364
Fax: 303-832-2628
Email: dkaplan@hmflaw.com
ATTORNEY TO BE NOTICED

Dru Ruth Nielsen
Reilly Pozner, L.L.P.
1900 16th Street
Suite 1700
Denver, CO 80202
303-893-6100
Fax: 303-893-6110
Email: dnielsen@rplaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Larry S. Pozner
Reilly Pozner, L.L.P.
1900 16th Street
Suite 1700
Denver, CO 80202
303-893-6100
Fax: 303-893-6110
Email: lpozner@rplaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Molly Hart Ferrer
Reilly Pozner, L.L.P.
1900 16th Street
Suite 1700
Denver, CO 80202
303-893-6100
Fax: 303-893-6110
Email: mferrer@rplaw.com
TERMINATED: 07/09/2010
Designation: Retained

Pending Counts

Disposition
Violating OSHA Regulation and Causing Death
(1-5)
Defendant Organization is sentenced to 5 years probation. Assessment of $50 per count for a total of $250. Fine/Penalty of $100,000.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
OBSTRUCTION
(6)
Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Chief Judge Wiley Y. Daniel

Defendant (4)
Philippe Goutagny
TERMINATED: 12/19/2011
represented byDavid Scott Kaplan
(See above for address)
ATTORNEY TO BE NOTICED

Dru Ruth Nielsen
(See above for address)
ATTORNEY TO BE NOTICED

Larry S. Pozner
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained

Molly Hart Ferrer
(See above for address)
TERMINATED: 07/09/2010

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
Violating OSHA Regulation and Causing Death
(1-5)
Dismissed

Highest Offense Level (Terminated)
Misdemeanor

Complaints

Disposition
None

Assigned to: Chief Judge Wiley Y. Daniel

Defendant (5)
James Thompson
TERMINATED: 12/19/2011
represented byDavid Scott Kaplan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
Violating OSHA Regulation and Causing Death
(1-5)
Dismissed

Highest Offense Level (Terminated)
Misdemeanor

Complaints

Disposition
None


Plaintiff
USA represented byJaime A. Pena
U.S. Attorney's Office-Denver
1225 17th Street East
Seventeenth Street Plaza
#700
Denver, CO 80202
303-454-0100
Fax: 454-0409
Email: Jaime.Pena2@usdoj.gov
ATTORNEY TO BE NOTICED

John M. Haried
U.S. Attorney's Office-Denver
1225 17th Street East
Seventeenth Street Plaza
#700
Denver, CO 80202
303-454-0100
Fax: 454-0402
Email: john.haried@usdoj.gov
TERMINATED: 06/08/2010

Marc Andrew Bonora
Vail Resorts Management Company
Legal Department
390 Interlocken Crescent
Broomfield, CO 80021
303-404-1895
Fax: 303-362-7719
Email: mbonora@vailresorts.com
TERMINATED: 09/28/2010

Date Filed #Docket Text
08/27/2009INDICTMENT as to Xcel Energy Inc. (1) count(s) 1-5, Public Service Company of Colorado (2) count(s) 1-5, RPI Coating, Inc. (3) count(s) 1-5, 6, Philippe Goutagny (4) count(s) 1-5, James Thompson (5) count(s) 1-5. (Attachments: # 1 Criminal Information Sheet Xcel, # 2 Criminal Information Sheet Public service, # 3 Criminal Information Sheet RPI, # 4 Criminal Information Sheet Goutagny, # 5 Criminal Information Sheet Thompson) (tllsl, ) (Entered: 08/28/2009)
08/27/2009Summons Issued as to Xcel Energy Inc.: Initial Appearance set for 9/22/2009 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. (tllsl, ) Modified on 9/1/2009 to correctly reflect magistrate judge (tllsl, ). (Entered: 08/28/2009)
08/27/2009Summons Issued as to Public Service Company of Colorado: Initial Appearance set for 9/22/2009 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer . (tllsl, ) Modified on 9/1/2009 to correct magistrate judge (tllsl, ). (Entered: 08/28/2009)
08/27/2009Summons Issued as to RPI Coating, Inc.: Initial Appearance set for 9/22/2009 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. (tllsl, ) Modified on 9/1/2009 to correct magistrate judge (tllsl, ). (Entered: 08/28/2009)
08/27/2009Summons Issued as to Philippe Goutagny: Initial Appearance set for 9/22/2009 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. (tllsl, ) Modified on 9/1/2009 to correct magistrate judge (tllsl, ). (Entered: 08/28/2009)
08/27/2009Summons Issued as to James Thompson: Initial Appearance set for 9/22/2009 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer . (tllsl, ) Modified on 9/1/2009 to correct magistrate judge (tllsl, ). (Entered: 08/28/2009)
09/01/2009MINUTE ORDER as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 1 Indictment: Initial Appearance as to each defendant is set for 9/22/2009 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (tllsl, ) (Entered: 09/01/2009)
09/18/2009NOTICE OF ATTORNEY APPEARANCE: Larry S. Pozner appearing for RPI Coating, Inc. (Pozner, Larry) (Entered: 09/18/2009)
09/18/2009NOTICE OF ATTORNEY APPEARANCE: Larry S. Pozner appearing for Philippe Goutagny (Pozner, Larry) (Entered: 09/18/2009)
09/18/200910 NOTICE OF ATTORNEY APPEARANCE: Dru Ruth Nielsen appearing for RPI Coating, Inc. (Nielsen, Dru) (Entered: 09/18/2009)
09/18/200911 NOTICE OF ATTORNEY APPEARANCE: Dru Ruth Nielsen appearing for Philippe Goutagny (Nielsen, Dru) (Entered: 09/18/2009)
09/18/200912 NOTICE OF ATTORNEY APPEARANCE: Molly Hart Ferrer appearing for RPI Coating, Inc. (Ferrer, Molly) (Entered: 09/18/2009)
09/18/200913 NOTICE OF ATTORNEY APPEARANCE: Molly Hart Ferrer appearing for Philippe Goutagny (Ferrer, Molly) (Entered: 09/18/2009)
09/19/200914 NOTICE OF ATTORNEY APPEARANCE: Linnea Brown appearing for Xcel Energy Inc., Public Service Company of Colorado (Brown, Linnea) (Entered: 09/19/2009)
09/19/200915 NOTICE OF ATTORNEY APPEARANCE: Michael James Hofmann appearing for Xcel Energy Inc., Public Service Company of Colorado (Hofmann, Michael) (Entered: 09/19/2009)
09/21/200916 NOTICE OF ATTORNEY APPEARANCE: Clifford Benjamin Stricklin appearing for Xcel Energy Inc., Public Service Company of Colorado (Stricklin, Clifford) (Entered: 09/21/2009)
09/22/200917 CORPORATE DISCLOSURE STATEMENT by Xcel Energy Inc., Public Service Company of Colorado. (Stricklin, Clifford) (Entered: 09/22/2009)
09/22/200918 ORDER Setting Hearing as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson: All motions for complexity shall be filed not later than Wednesday, 9/30/09; Responses to the motions shall be filed by Monday, 10/12/09, and any replies shall be filed by Friday, 10/16/09; Motion Hearing and Status Conference are set for 10/22/2009 10:00 AM in Courtroom A1002, by Chief Judge Wiley Y. Daniel on 9/22/09. (mjg, ) (Entered: 09/22/2009)
09/22/200919 Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Initial Appearance,Arraignment, Discovery and Detention Hearing as to Philippe Goutagny and James Thompson held on 9/22/2009. Defendants advised; defendants are not requesting court appointed counsel. Plea Not Guilty on all counts entered by Philippe Goutagny (4) and James Thompson (5). Discovery memorandum executed; Government is not seeking detention. Bond set as to Philippe Goutagny (4) Personal Recognizance and James Thompson (5) Personal Recognizance with the conditions as set forth in the Order Setting Conditions Of Release; counsel to chambers; defendants continued on bond. (Tape #FTR CBS PM.) (labsl, ) (Entered: 09/23/2009)
09/22/200920 ORDER Setting Conditions of Release as to Philippe Goutagny (4) Personal Recognizance by Magistrate Judge Craig B. Shaffer on 9/22/09. (labsl, ) (labsl, ). (Entered: 09/23/2009)
09/22/200921 ORDER Setting Conditions of Release as to James Thompson (5) Personal Recognizance by Magistrate Judge Craig B. Shaffer on 9/22/09. (labsl, ) (Entered: 09/23/2009)
09/22/200922 NOTICE OF ATTORNEY APPEARANCE: David Scott Kaplan appearing for James Thompson (mjg, ) (Entered: 09/23/2009)
09/22/200923 Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Initial Appearance, arraignment and discovery hearing as to Xcel Energy Inc., Public Service Company of Colorado and RPI Coating, Inc. held on 9/22/2009. Plea of NOT GUILTY entered by Xcel Energy Inc. (1), Public Service Company of Colorado (2) and RPI Coating, Inc. (3). Counsel to chambers. (Court Reporter FTR CBS PM.) (tllsl, ) (Entered: 09/23/2009)
09/22/200924 Discovery Conference Memorandum and ORDER: Estimated Trial Time - 15 days as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson by Magistrate Judge Craig B. Shaffer on 9/22/09. (tllsl, ) (Entered: 09/23/2009)
09/22/200926 Utility Setting Deadlines as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson: All motions for complexity are due by 9/30/2009; Responses due by 10/12/2009; Any replies are due by 10/16/09. Please refer to docket # 18 . TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (mjg2, ) (Entered: 09/25/2009)
09/25/200925 CORPORATE DISCLOSURE STATEMENT by RPI Coating, Inc.. (Nielsen, Dru) (Entered: 09/25/2009)
09/30/200927 Unopposed MOTION to Declare Case Complex Under the Speedy Trial Act, 18 U.S.C. Sec. 3161(h)(8) by RPI Coating, Inc., Philippe Goutagny, and James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Nielsen, Dru) Modified on 9/30/2009 to add "James Thompson" as a filer, pursuant to request from counsel on 9/30/09(mjg, ). (Entered: 09/30/2009)
09/30/200928 NOTICE of Waiver of Appearance for Hearing on Motions for Complexity by Philippe Goutagny (Nielsen, Dru) (Entered: 09/30/2009)
10/01/200929 NOTICE OF ATTORNEY APPEARANCE Jaime A. Pena appearing for USA. (Pena, Jaime) (Entered: 10/01/2009)
10/01/200930 MINUTE ORDER as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson: A hearing is set in this case for Thursday, 10/22/09 at 10:00 a.m. on the motion for complexity; Additionally, the parties are ordered to be prepared to discuss elements of a Case Management Plan at the hearing, by Chief Judge Wiley Y. Daniel on 10/1/09. (mjg, ) (Entered: 10/01/2009)
10/02/200931  MOTION for Order for Leave to Waive Defendant's Appearance by James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Kaplan, David) (Entered: 10/02/2009)
10/08/200932 RESPONSE to Motion by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 27 MOTION to Declare Case Complex Xcel Energy, Inc.'s and Public Service Company of Colorado's Response to Co-Defendants RPI Coating, Inc., Philippe Goutagny and James Thompson's Joint Unopposed Motion for a Complex Case Designation Under the Speedy Trial Act (Brown, Linnea) (Entered: 10/08/2009)
10/09/200933 MINUTE ORDER granting 31 Motion for Order as to James Thompson (5) by Chief Judge Wiley Y. Daniel on 10/9/09. Accordingly, the court grants a waiver of Defendant Thompsons appearance at the October 22, 2009 hearing (tllsl, ) Modified on 10/13/2009 to correct a typo (tllsl, ). (Entered: 10/09/2009)
10/12/200934 RESPONSE to Motion by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 27 MOTION to Declare Case Complex (Haried, John) (Entered: 10/12/2009)
10/12/200935  MOTION for Order for Leave to Waive Defendant Phiippe Goutagny's Appearance by Philippe Goutagny. (Attachments: # 1 Proposed Order (PDF Only))(Ferrer, Molly) (Entered: 10/12/2009)
10/13/200936 MINUTE ORDER granting 35 Motion for Leave to Waive Defendant Philippe Goutagny's Appearance: Waiver of Defendant Goutagny's appearance at the 10/22/09 hearing, by Chief Judge Wiley Y. Daniel on 10/13/09. (mjg, ) (Entered: 10/13/2009)
10/14/200937  MOTION to Disclose Grand Jury Material to Defendant by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only))(Haried, John) (Entered: 10/14/2009)
10/14/200938  MOTION for Protective Order by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only))(Haried, John) (Entered: 10/14/2009)
10/14/200939 ORDER granting 38 Motion for Protective Order as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5), by Chief Judge Wiley Y. Daniel on 10/14/09. (mjg, ) (Entered: 10/14/2009)
10/14/200940 ORDER granting 37 Motion to Disclose Grand Jury Material as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5), by Chief Judge Wiley Y. Daniel on 10/14/09. (mjg, ) (Entered: 10/14/2009)
10/21/200941 NOTICE OF PARTIES' JOINT PRELIMINARY ISSUES FOR CASE MANAGEMENT PLAN by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Haried, John) (Entered: 10/21/2009)
10/21/200942  MOTION to Amend/Correct Protective Order by Xcel Energy Inc. as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) [PROPOSED] ORDER AMENDING PROTECTIVE ORDER)(Hofmann, Michael) (Entered: 10/21/2009)
10/21/200943  MOTION to Amend/Correct ORDER ON DISCLOSURE OF GRAND JURY MATERIAL by Xcel Energy Inc. as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) [PROPOSED] ORDER ON MOTION TO AMEND ORDER ON DISCLOSURE OF GRAND JURY MATERIAL)(Hofmann, Michael) (Entered: 10/21/2009)
10/22/200945 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Motion Hearing /Status Conference as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson held on 10/22/2009. Court deferring ruling on 42 Motion to Amend/Correct as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5) AND deferring ruling on 43 Motion to Amend/Correct as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5). See docket entry 44 for further deadlines. (Court Reporter Therese Lindblom.) (tllsl, ) (Entered: 10/29/2009)
10/23/200944 ORDER granting 27 Motion to Declare Case Complex as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5): Government shall respond to the Motion to Amend Protective Order 42 and the Motion to Amend Order on Disclosure of Grand Jury Material 43 not later than 11/12/09; The following case management plan is entered; Government shall file its expert witness disclosures not later than 11/30/09; The Defendants shall file their expert disclosures not later than 1/29/10; All non-evidentiary motions shall be filed not later than 1/8/10; Responses shall be filed not later than 1/29/10; Replies shall be filed not later than 2/5/10; All evidentiary motions shall be filed not later than 2/26/10; Responses shall be filed not later than 3/19/10; Replies shall be filed not later than Friday, 4/2/10; The parties shall meet and confer with proposed suggestions for a hearing date and the estimated length of such hearing; Additional information as set forth in the attached document/order, by Chief Judge Wiley Y. Daniel on 10/23/09. (mjg, ) (Entered: 10/23/2009)
11/04/200946  MOTION for Stay Of Parallel Administrative Proceedings by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6)(Haried, John) (Entered: 11/04/2009)
11/04/200947 NOTICE of Intent to Respond to Motion For Stay re 46 MOTION for Stay by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Hofmann, Michael) (Entered: 11/04/2009)
11/09/200948 RESPONSE in Opposition by Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 46 MOTION for Stay of Parallel Administrative Proceedings (Attachments: # 1 Exhibit Exhibit A)(Hofmann, Michael) (Entered: 11/09/2009)
11/12/200949 RESPONSE to Motion by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 43 MOTION to Amend/Correct, 42 MOTION to Amend/Correct (Haried, John) (Entered: 11/12/2009)
11/12/200950 MINUTE ORDER denying without prejudice 46 Motion for Stay of Parallel Administrative Proceedings as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5), by Chief Judge Wiley Y. Daniel on 11/12/09. (mjg, ) (Entered: 11/12/2009)
11/13/200951 NOTICE of Intent to Reply re 49 Response to Motion by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Stricklin, Clifford) (Entered: 11/13/2009)
11/17/200952 REPLY TO RESPONSE to Motion by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 43 MOTION to Amend/Correct ORDER ON DISCLOSURE OF GRAND JURY MATERIAL (Stricklin, Clifford) (Entered: 11/17/2009)
11/17/200953 REPLY by Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson to 42 MOTION to Amend/Correct Protective Order (Xcel Energy, Inc. and Public Service Company of Colorado's Reply in Further Support of Their Motion to Amend Protective Order) (Stricklin, Clifford) (Entered: 11/17/2009)
11/23/200954 Unopposed MOTION for Extension of Time to File One of Four Expert Witness Reports by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Haried, John) (Entered: 11/23/2009)
11/24/200955 MINUTE ORDER granting 54 Motion for Extension of Time to File as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5) by Chief Judge Wiley Y. Daniel on 11/24/09. The Government shall provide its expert witness disclosure for Mr. Roop not later than Wednesday, December 2, 2009. (tllsl, ) (Entered: 11/24/2009)
12/09/200956 NOTICE of Firm Name Change by James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Kaplan, David) (Entered: 12/09/2009)
12/14/200957  MOTION to Dismiss Based Upon Inapplicability of Cited Standards, MOTION to Dismiss by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Exhibit Exh A, # 2 Exhibit Exh B, # 3 Exhibit Exh C, # 4 Exhibit Exh D, # 5 Exhibit Exh E)(Hofmann, Michael) (Entered: 12/14/2009)
12/18/200958 Second MOTION to Dismiss the Indictment Pursuant to Fed.R.Crim.P. 12(b)(2) by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Exhibit Exh A, # 2 Exhibit Exh B, # 3 Exhibit Exh C)(Hofmann, Michael) (Entered: 12/18/2009)
12/23/200959 ORDER granting in part and denying in part 42 Motion to Amend/Correct and granting in part and denying in part 43 Motion to Amend/Correct as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5), by Chief Judge Wiley Y. Daniel on 12/23/09. Please See order for specific findings. (tllsl, ) (Entered: 12/23/2009)
01/04/201060  MOTION to Dismiss Counts 1-5 of the Indictment Pursuant to F.R.C.P. 12(b) by RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Ferrer, Molly) (Entered: 01/04/2010)
01/07/201061  MOTION to Dismiss Counts One Through Five Against James Thompson by James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Kaplan, David) (Entered: 01/07/2010)
01/08/201062  MOTION to Dismiss Counts Six - Obstruction by RPI Coating, Inc. as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Ferrer, Molly) (Entered: 01/08/2010)
01/08/201063  MOTION to Dismiss Counts One Through Five by Philippe Goutagny. (Ferrer, Molly) (Entered: 01/08/2010)
01/11/201064  MOTION to Dismiss Counts Six by RPI Coating, Inc. as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Nielsen, Dru) (Entered: 01/11/2010)
01/11/201065  MOTION to Dismiss Counts One Through Five by Philippe Goutagny as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Nielsen, Dru) (Entered: 01/11/2010)
01/12/201066  MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Dismiss, 62 MOTION to Dismiss Counts, 58 MOTION to Dismiss, 60 MOTION to Dismiss Counts 1-5 of the Indictment Pursuant to F.R.C.P. 12(b) MOTION to Dismiss Counts 1-5 of the Indictment Pursuant to F.R.C.P. 12(b), 64 MOTION to Dismiss Counts, 61 MOTION to Dismiss Counts, 65 MOTION to Dismiss Counts, 63 MOTION to Dismiss Counts One Through Five by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Haried, John) (Entered: 01/12/2010)
01/12/201067 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 1/12/2010, granting 66 Motion for Extension of Time to File Response/Reply as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5). Government responses due by 2/5/2010. (tllsl, ) (Entered: 01/12/2010)
01/15/201068 MINUTE ORDER Setting Hearing by Chief Judge Wiley Y. Daniel on 1/15/2010 on Motions to dismiss 57 , 58 , 60 , 61 , 64 , and 65 as to XCEL ENERGY, INC., PUBLIC SERVICE COMPANY OF COLORADO, RPI COATING, INC., PHILLIPPE GOUTAGNY and JAMES THOMPSON. Motion Hearing set for 3/3/2010 02:00 PM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. (tllsl, ) (Entered: 01/15/2010)
01/19/201069  MOTION to Continue March 3, 2010 Hearing by RPI Coating, Inc., Philippe Goutagny as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only))(Ferrer, Molly) (Entered: 01/19/2010)
01/20/201070 MINUTE ORDER granting 69 Motion to Continue motion hearing as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5) by Chief Judge Wiley Y. Daniel on 1/20/2010. Motion Hearing is now set for 3/18/2010 09:30 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. (tllsl, ) (Entered: 01/20/2010)
01/20/201071  MOTION for Extension of Time to File Designate Expert Witnesses by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Ferrer, Molly) (Entered: 01/20/2010)
01/21/201072 MINUTE ORDER as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 71 MOTION for Extension of Time to File Designate Expert Witnesses filed by Philippe Goutagny, RPI Coating, Inc., James Thompson by Chief Judge Wiley Y. Daniel on 1/21/2010. The Government is ordered to respond not later than Friday, January 29, 2010. (tllsl, ) (Entered: 01/21/2010)
01/21/201073 RESPONSE to Motion by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 71 MOTION for Extension of Time to File Designate Expert Witnesses (Attachments: # 1 Exhibit 1)(Haried, John) (Entered: 01/21/2010)
01/22/201074 MINUTE ORDER denying 71 Motion for Extension of Time to File as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5) by Chief Judge Wiley Y. Daniel on 1/22/2010. Defendants shall designate their expert witnesses not later than Friday, January 29, 2010. (tllsl, ) (Entered: 01/22/2010)
01/22/201075  MOTION for Extension of Time to File for a Forty-Five Day Extension of Time to Designate Expert Witnesses by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Re: Motion for Extension of Time to Designate Expert Witnesses)(Nielsen, Dru) (Entered: 01/22/2010)
01/25/201076 MINUTE ORDER granting 75 Motion for Extension of Time to File as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5) by Chief Judge Wiley Y. Daniel on 1/25/2010. Defendants shall designate their expert witnesses not later than Monday, March 15, 2010. (tllsl, ) (Entered: 01/25/2010)
01/25/201077  MOTION for Extension of Time to File and Designate Expert Witnesses by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Hofmann, Michael) (Entered: 01/25/2010)
01/26/201078 MINUTE ORDER granting 77 Motion for Extension of Time to File as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5) by Chief Judge Wiley Y. Daniel on 1/26/2010. Defendants shall designate their expert witnesses not later than Monday, March 15, 2010. (tllsl, ) (Entered: 01/26/2010)
01/28/201079  MOTION to Compel the Government to Produce Exculpatory Evidence by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order, # 2 Exhibit Exh A, # 3 Exhibit Exh B, # 4 Exhibit Exh C)(Hofmann, Michael) (Entered: 01/28/2010)
02/04/201080  MOTION for Extension of Time to File Response/Reply as to 44 Order on Motion to Declare Case Complex,,,, by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Hofmann, Michael) (Entered: 02/04/2010)
02/05/201081  MOTION for Hearing /Status Conference to Address Multiple Discovery Issues by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Hofmann, Michael) (Entered: 02/05/2010)
02/05/201082 MINUTE ORDER granting 80 Motion for Extension of Time to File Response/Reply as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5) by Chief Judge Wiley Y. Daniel on 2/5/2010. The Defendants shall file their replies not later than Friday, February 19, 2010. This order applies to all Defendants. Defendants RPI Coating, Inc., Mr. Goutagny, and Mr. Thompson need not file a separate motion for an extension to time to file their replies. (tllsl, ) (Entered: 02/05/2010)
02/05/201083 MINUTE ORDER Setting Hearing by Chief Judge Wiley Y. Daniel on 2/5/2010, as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 81 MOTION for Hearing /Status Conference to Address Multiple Discovery Issues. A Status Conference to address discovery issues is set for 2/17/2010 10:00 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. (tllsl, ) (Entered: 02/05/2010)
02/05/201084 BRIEF in Opposition by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson to 62 MOTION to Dismiss Counts, 58 MOTION to Dismiss, 64 MOTION to Dismiss Counts Six, 60 MOTION to Dismiss Counts 1-5 of the Indictment Pursuant to F.R.C.P. 12(b) MOTION to Dismiss Counts 1-5 of the Indictment Pursuant to F.R.C.P. 12(b), 57 MOTION to Dismiss, 61 MOTION to Dismiss Counts, 65 MOTION to Dismiss Counts (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24)(Haried, John) Modified on 2/8/2010 to correct text (tllsl, ). (Entered: 02/05/2010)
02/08/201085 RESPONSE to Motion by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 58 MOTION to Dismiss, 64 MOTION to Dismiss Counts Six, 60 MOTION to Dismiss Counts 1-5 of the Indictment Pursuant to F.R.C.P. 12(b) MOTION to Dismiss Counts 1-5 of the Indictment Pursuant to F.R.C.P. 12(b), 57 MOTION to Dismiss, 61 MOTION to Dismiss Counts, 65 MOTION to Dismiss Counts (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24)(Haried, John) (Entered: 02/08/2010)
02/08/201086  MOTION to Amend/Correct 84 Brief in Opposition to Motion filed by USA by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Haried, John) (Entered: 02/08/2010)
02/09/201087 MINUTE ORDER granting 86 Motion to Amend/Correct as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5)by Chief Judge Wiley Y. Daniel on 2/9/2010. The Defendants shall file their replies, if any, not later than 2/22/2010. (tllsl, ) (Entered: 02/09/2010)
02/10/201088 STATEMENT Concerning the Prosecution's Amended, Consolidated Response by Defendants Xcel Energy Inc., Public Service Company of Colorado (Hofmann, Michael) (Entered: 02/10/2010)
02/12/201089 RESPONSE to Motion by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 81 MOTION for Hearing (Haried, John) (Entered: 02/12/2010)
02/16/201090 RESPONSE to Motion by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 79 MOTION to Compel (Haried, John) (Entered: 02/16/2010)
02/16/201091 REPLY TO 90 RESPONSE to Motion by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 79 MOTION to Compel the Government to Produce Exculpatory Evidence (Attachments: # 1 Exhibit Exh C)(Hofmann, Michael) Modified on 2/17/2010 to add linkage (tllsl, ). (Entered: 02/16/2010)
02/17/201092 Sealed Document (Attachments: # 1 Exhibit 2d Falkowski Memo - 3-6-2008)(Haried, John) (Entered: 02/17/2010)
02/17/201093  MOTION to Seal Document Docket 92 by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Haried, John) (Entered: 02/17/2010)
02/17/201094 Sealed Document (Haried, John) (Entered: 02/17/2010)
02/17/201096 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Status Conference as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson held on 2/17/2010. Court taking under advisement 79 Motion to Compel. Motion Hearing set for 3/18/2010 09:30 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. (Court Reporter Therese Lindblom.) (tllsl, ) (Entered: 02/19/2010)
02/19/201095 REPLY TO RESPONSE to Motion by Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 65 MOTION to Dismiss Counts One Through Five, 61 MOTION to Dismiss Counts (Kaplan, David) (Entered: 02/19/2010)
02/19/201097 REPLY TO RESPONSE to Motion by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 60 MOTION to Dismiss Counts 1 - 5 of the Indictment (Ferrer, Molly) (Entered: 02/19/2010)
02/22/201098 Unopposed MOTION for Extension of Time to File Evidentiary Motions by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Nielsen, Dru) (Entered: 02/22/2010)
02/22/201099  MOTION for Leave to File Overlength Reply Brief by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Hofmann, Michael) (Entered: 02/22/2010)
02/22/2010100 REPLY TO RESPONSE to Motion by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 57 MOTION to Dismiss Based Upon Inapplicability of Cited Standards (Attachments: # 1 Exhibit Exh A, # 2 Exhibit Exh B)(Hofmann, Michael) (Entered: 02/22/2010)
02/23/2010101 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 2/23/2010 as to Xcel Energy Inc. et al.; 98 Motion for Extension of Time to File Evidentiary Motions is GRANTED. Defendants RPI Coating Inc., Philippe Goutagny and James Thompson shall file evidentiary motions not later than 3/26/2010. (lmwsl, ) (Entered: 02/23/2010)
02/23/2010102 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 2/23/2010 as to Xcel Energy Inc. et. al; 99 Motion for Leave to File Overlength Reply Brief is GRANTED. The reply is accepted for filing. (lmwsl, ) (Entered: 02/23/2010)
02/25/2010103  MOTION to Amend/Correct 96 Order on Motion to Compel,/ Status Conference by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Haried, John) Modified on 2/26/2010 to clean up text (tllsl, ). (Entered: 02/25/2010)
02/25/2010104 MINUTE ORDER denying 103 Motion to Amend/Correct as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5) by Chief Judge Wiley Y. Daniel on 2/25/2010. (tllsl, ) (Entered: 02/25/2010)
02/26/2010105 MINUTE ORDER granting 93 Motion to Seal Document as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5) by Chief Judge Wiley Y. Daniel on 2/26/2010. (tllsl, ) (Entered: 02/26/2010)
03/04/2010106 ORDER denying 79 Motion to Compel the Government to Produce Exculpatory Evidence as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5) by Chief Judge Wiley Y. Daniel on 3/4/2010. (tllsl, ) (Entered: 03/04/2010)
03/11/2010107  MOTION to Supplement 85 Response to Motion,,, With Addition of Exhibit 25 by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Exhibit 25)(Haried, John) (Entered: 03/11/2010)
03/11/2010108 Sealed Document (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Haried, John) (Entered: 03/11/2010)
03/11/2010109  MOTION to Seal Document 108 by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Haried, John) (Entered: 03/11/2010)
03/11/2010110  MOTION for Order Resolving Discovery Issue by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Haried, John) (Entered: 03/11/2010)
03/12/2010111 MINUTE ORDER granting 107 Motion to Supplement as to Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5) by Chief Judge Wiley Y. Daniel on 3/12/2010. Should Defendants wish to respond to the submitted exhibit, they may file a brief statement with the Court not later than Monday, March 15, 2010. (tllsl, ) (Entered: 03/12/2010)
03/12/2010112 MINUTE ORDER granting 109 Motion to Seal Document as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5) by Chief Judge Wiley Y. Daniel on 3/12/2010. (tllsl, ) (Entered: 03/12/2010)
03/12/2010113 MINUTE ORDER as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 110 MOTION for Order filed by USA, by Chief Judge Wiley Y. Daniel on 3/12/2010. The Court will hear argument on this motion at the March 18, 2010 hearing. Accordingly, the Defendants are ordered to file a brief response to the motion not later than Tuesday, March 16, 2010. (tllsl, ) (Entered: 03/12/2010)
03/15/2010114 RESPONSE to Motion by Xcel Energy Inc., Public Service Company of Colorado re 107 MOTION to Supplement 85 Response to Motion,,, MOTION to Supplement 85 Response to Motion,,, [DEFENDANTS XCEL ENERGY INC.'S AND PUBLIC SERVICE COMPANY OF COLORADO'S RESPONSE TO GOVERNMENT'S MOTION TO SUPPLEMENT GOVERNMENT'S RESPONSE TO DEFENDANTS' MOTION TO DISMISS THE INDICTMENT] (Hofmann, Michael) (Entered: 03/15/2010)
03/16/2010115 RESPONSE to Motion by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 110 MOTION for Order Re: Government's Motion for Court Resolution of a Discovery Issue Pursuant to Rule 16 (Ferrer, Molly) (Entered: 03/16/2010)
03/16/2010116 STATEMENT re 110 MOTION for Order Court Resolution of a Discovery Issue Pursuant to Rule 16(d)(1) and Intent to File Response by Defendants Xcel Energy Inc., Public Service Company of Colorado (Hofmann, Michael) (Entered: 03/16/2010)
03/17/2010117 REPLY TO RESPONSE to Motion by Xcel Energy Inc., Public Service Company of Colorado re 110 MOTION for Order Resolving Discovery Issue [PURSUANT TO RULE 16(d)(1) [Doc. #110] AND CO-DEFENDANTS' RESPONSE TO THAT MOTION [Doc. #115]] (Hofmann, Michael) (Entered: 03/17/2010)
03/18/2010119 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Motion Hearing as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson held on 3/18/2010. Court taking under advisement 57 MOTION to Dismiss Inc., and 58 MOTION to Dismiss. Denying 64 Motion to Dismiss Counts. Taking under advisement 65 Motion to Dismiss Counts. Denying 110 Motion for Order. Taking under advisement 60 and 61 Motion to Dismiss Counts. (Court Reporter Therese Lindblom) (tllsl, ) (Entered: 03/23/2010)
03/18/2010198 AMENDED DOCUMENT as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson; Amendment to 119 motion hearing. (tllsl, ) (Entered: 07/28/2010)
03/22/2010118 BRIEF by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Hofmann, Michael) (Entered: 03/22/2010)
03/26/2010120  MOTION to Compel Production of Exculpatory Evidence by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) [Proposed] Order Granting Defendants Xcel Energy Inc.'s and Public Service Company of Colorado's Motion to Compel Production of Exculpatory Evidence)(Hofmann, Michael) (Entered: 03/26/2010)
03/29/2010121 ORDER; 57 Motion to Dismiss as to Xcel Energy Inc. (1) and Public Service Company of Colorado (2); 60 Motion to Dismiss Counts 1-5 as to RPI Coating, Inc., Philippe Goutagny (4) and James Thompson (5); 61 Motion to Dismiss Counts 1-5 against James Thompson (5); 65 Motion to Dismiss Counts 1-5 as to Philippe Goutagny (4); and 64 Motion to Dismiss Count 6 as to RPI Coating, Inc., are all DENIED, by Chief Judge Wiley Y. Daniel on 3/29/2010. (lmwsl, ) (Entered: 03/29/2010)
04/01/2010122 NOTICE by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Nielsen, Dru) (Entered: 04/01/2010)
04/13/2010123 Unopposed MOTION for Extension of Time to File Daubert Challenges, If Any, by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Haried, John) (Entered: 04/13/2010)
04/13/2010124 MINUTE ORDER granting 123 Motion for Extension of Time to File as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5), by Chief Judge Wiley Y. Daniel on 4/13/2010. All Daubert challenges shall be filed not later than Thursday, April 22, 2010. (tllsl, ) (Entered: 04/13/2010)
04/22/2010125 STRICKEN: MOTION to Exclude Testimony of Michael R. Roop by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Kaplan, David) Modified on 4/23/2010 to add text "stricken" (tllsl, ). (Entered: 04/22/2010)
04/22/2010126  MOTION to Exclude Putative Expert Testimony of Michael Roop Pursuant to Federal Rule of Evidence 702 and 402 by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Hofmann, Michael) (Entered: 04/22/2010)
04/22/2010127  MOTION in Limine Regarding Xcel/PSCO Proffered Expert Witnesses by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Appendix 1 - Stanley Disclosure, # 2 Appendix 2 - Tinklenberg Disclosure, # 3 Appendix 3 - Trujillo Disclosure, # 4 Appendix 4 - Corwin Disclosure, # 5 Appendix 5 - Corwin CV, # 6 Appendix 6 - Hazlett Disclosure, # 7 Appendix 7 - Dobersen Disclosure)(Haried, John) (Entered: 04/22/2010)
04/23/2010128 MINUTE ORDER striking 125 Motion to Exclude as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5) by Chief Judge Wiley Y. Daniel on 4/23/2010. (tllsl, ) (Entered: 04/23/2010)
04/23/2010129  MOTION to Exclude Testimony of Michael R. Roop by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Kaplan, David) (Entered: 04/23/2010)
04/27/2010130  MOTION for Disclosure MOTION FOR AN ORDER (1) REQUIRING DISCLOSURE TO THE DEFENDANTS OF A COMPLETE VERSION, WITH NO PAGES TAKEN OUT, OF THE CHEMICAL SAFETY BOARDS DRAFT REPORT CONCERNING THE CABIN CREEK ACCIDENT, (2) STAYING THE GOVERNMENTS DEMAND THAT THE DEFENDANTS RESPOND TO THE FACTS IN THAT DRAFT REPORT, AND (3) PROHIBITING THE PUBLIC RELEASE OF THAT REPORT UNTIL AFTER TRIAL IN THIS MATTER by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Exhibit Exh 1, # 2 Exhibit Exh 2, # 3 Exhibit Exh 3, # 4 Exhibit Exh 4, # 5 Exhibit Exh 5, # 6 Exhibit Exh 6, # 7 Proposed Order (PDF Only) Proposed ORder)(Hofmann, Michael) (Entered: 04/27/2010)
04/27/2010131 Sealed Document (Hofmann, Michael) (Entered: 04/27/2010)
04/27/2010132  MOTION to Seal Document by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Hofmann, Michael) (Entered: 04/27/2010)
04/27/2010133 Sealed Document (Hofmann, Michael) (Entered: 04/27/2010)
04/28/2010134  MOTION for Order (1) Requring Disclosure to the Defendants of a Complete Version, with No Pages Taken Out, of the Chemical Safety Board's Draft Report Concerning the Cabin Creek Accident, (2) Staying the Government's Demand that the Defendants Respond to the "Facts" in that Draft Report, and (3) Prohibiting the Public Release of that Report Until After Trial in this Matter by RPI Coating, Inc., Philippe Goutagny as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Nielsen, Dru) (Entered: 04/28/2010)
04/28/2010135 MINUTE ORDER Setting Hearing on Motions by Chief Judge Wiley Y. Daniel on 4/28/2010. Motion to Compel 120 ; Daubert motions 126 , 127 , and 129 . Motion for Disclosure 130 . This minute order applies to all defendants in this case. Motion Hearing set for 6/24/2010 09:30 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. (tllsl, ) (Entered: 04/28/2010)
04/28/2010136 Unopposed MOTION for Extension of Time to File Motion to Exclude Expert Testimony by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Ferrer, Molly) (Entered: 04/28/2010)
04/28/2010137  MOTION for Daubert Hearing to Exclude the Testimony of John Palmer and Laurence Britton by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Ferrer, Molly) (Entered: 04/28/2010)
04/29/2010138 MINUTE ORDER granting 136 Motion for Extension of Time to File as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5) by Chief Judge Wiley Y. Daniel on 4/29/2010. The motion is accepted for filing and will be heard at the hearing set for Thursday, June 24, 2010 at 9:30 a.m. (tllsl, ) (Entered: 04/29/2010)
04/30/2010139 ORDER granting 132 Motion to Seal Document as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5) by Chief Judge Wiley Y. Daniel on 4/30/2010. (tllsl, ) (Entered: 04/30/2010)
05/07/2010140 RESPONSE to Motion by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 120 MOTION to Compel Production of Exculpatory Evidence (Haried, John) (Entered: 05/07/2010)
05/10/2010141  MOTION for Extension of Time to File Response to Xcel/PSCO's Motion to Stay Publication of the CSB Report and for Other Relief by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Haried, John) (Entered: 05/10/2010)
05/12/2010142 MINUTE ORDER granting 141 Motion for Extension of Time to File as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5), by Chief Judge Wiley Y. Daniel on 5/12/2010. The response shall be filed not later than 5/21/2010. (tllsl, ) (Entered: 05/12/2010)
05/17/2010143 RESPONSE in Opposition by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 127 MOTION in Limine Regarding Xcel/PSCO Proffered Expert Witnesses (Attachments: # 1 Exhibit Exh A, # 2 Exhibit Exh B, # 3 Exhibit Exh C, # 4 Exhibit Exh D, # 5 Exhibit Exh E, # 6 Exhibit Exh F)(Hofmann, Michael) (Entered: 05/17/2010)
05/21/2010144 RESPONSE to Motion by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 130 MOTION for Disclosure MOTION FOR AN ORDER (1) REQUIRING DISCLOSURE TO THE DEFENDANTS OF A COMPLETE VERSION, WITH NO PAGES TAKEN OUT, OF THE CHEMICAL SAFETY BOARDS DRAFT REPORT CONCERNING THE CABIN CREEK ACCIDENT, (2) STAYING THE GOVERNMENTS DEMAND MOTION for Disclosure MOTION FOR AN ORDER (1) REQUIRING DISCLOSURE TO THE DEFENDANTS OF A COMPLETE VERSION, WITH NO PAGES TAKEN OUT, OF THE CHEMICAL SAFETY BOARDS DRAFT REPORT CONCERNING THE CABIN CREEK ACCIDENT, (2) STAYING THE GOVERNMENTS DEMAND MOTION for Disclosure MOTION FOR AN ORDER (1) REQUIRING DISCLOSURE TO THE DEFENDANTS OF A COMPLETE VERSION, WITH NO PAGES TAKEN OUT, OF THE CHEMICAL SAFETY BOARDS DRAFT REPORT CONCERNING THE CABIN CREEK ACCIDENT, (2) STAYING THE GOVERNMENTS DEMAND MOTION for Disclosure MOTION FOR AN ORDER (1) REQUIRING DISCLOSURE TO THE DEFENDANTS OF A COMPLETE VERSION, WITH NO PAGES TAKEN OUT, OF THE CHEMICAL SAFETY BOARDS DRAFT REPORT CONCERNING THE CABIN CREEK ACCIDENT, (2) STAYING THE GOVERNMENTS DEMAND (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bonora, Marc) (Entered: 05/21/2010)
05/24/2010145 NOTICE OF ATTORNEY APPEARANCE Marc Andrew Bonora appearing for USA. (Bonora, Marc) (Entered: 05/24/2010)
05/24/2010146 BRIEF in Support by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson to 120 MOTION to Compel Production of Exculpatory Evidence (Attachments: # 1 Exhibit Exh A)(Hofmann, Michael) (Entered: 05/24/2010)
06/01/2010147  MOTION for Clarification re 40 Order on Motion to Disclose Grand Jury Material, 39 Order on Motion for Protective Order by RPI Coating, Inc. as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Nielsen, Dru) (Entered: 06/01/2010)
06/01/2010148 Sealed Document (Attachments: # 1 Exhibit Exh A, # 2 Exhibit Exh B, # 3 Exhibit Exh C, # 4 Exhibit Exh D, # 5 Exhibit Exh E, # 6 Exhibit Exh F)(Hofmann, Michael) (Entered: 06/01/2010)
06/02/2010149 BRIEF in Support by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson to 130 MOTION for Disclosure MOTION FOR AN ORDER (1) REQUIRING DISCLOSURE TO THE DEFENDANTS OF A COMPLETE VERSION, WITH NO PAGES TAKEN OUT, OF THE CHEMICAL SAFETY BOARDS DRAFT REPORT CONCERNING THE CABIN CREEK ACCIDENT, (2) STAYING THE GOVERNMENTS DEMAND MOTION for Disclosure MOTION FOR AN ORDER (1) REQUIRING DISCLOSURE TO THE DEFENDANTS OF A COMPLETE VERSION, WITH NO PAGES TAKEN OUT, OF THE CHEMICAL SAFETY BOARDS DRAFT REPORT CONCERNING THE CABIN CREEK ACCIDENT, (2) STAYING THE GOVERNMENTS DEMAND MOTION for Disclosure MOTION FOR AN ORDER (1) REQUIRING DISCLOSURE TO THE DEFENDANTS OF A COMPLETE VERSION, WITH NO PAGES TAKEN OUT, OF THE CHEMICAL SAFETY BOARDS DRAFT REPORT CONCERNING THE CABIN CREEK ACCIDENT, (2) STAYING THE GOVERNMENTS DEMAND MOTION for Disclosure MOTION FOR AN ORDER (1) REQUIRING DISCLOSURE TO THE DEFENDANTS OF A COMPLETE VERSION, WITH NO PAGES TAKEN OUT, OF THE CHEMICAL SAFETY BOARDS DRAFT REPORT CONCERNING THE CABIN CREEK ACCIDENT, (2) STAYING THE GOVERNMENTS DEMAND (Attachments: # 1 Exhibit Exh A, # 2 Exhibit Exh C, # 3 Exhibit Exh D, # 4 Exhibit Exh E, # 5 Exhibit Exh F)(Hofmann, Michael) (Entered: 06/02/2010)
06/07/2010150  MOTION to Withdraw as Attorney by John M. Haried by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only))(Haried, John) (Entered: 06/07/2010)
06/08/2010151 SUPPLEMENT to 150 MOTION to Withdraw as Attorney by John M. Haried by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Haried, John) (Entered: 06/08/2010)
06/08/2010152 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 6/8/2010, granting 150 Motion to Withdraw as Attorney. John M. Haried withdrawn from case as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5). (tllsl, ) (Entered: 06/08/2010)
06/10/2010153 Certificate of Service by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson Proof of Service on Subpoena served on Donald S. Holmstrom (Attachments: # 1 Exhibit Exh A)(Hofmann, Michael) (Entered: 06/10/2010)
06/10/2010154 NOTICE of Unopposed Motion for Leave to Waive Defendant Thompson's Appearance by James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Kaplan, David) (Entered: 06/10/2010)
06/11/2010155  MOTION to Quash Subpoena Served On Fact Witness Donald Holmstrom For Improper Purpose by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bonora, Marc) (Entered: 06/11/2010)
06/14/2010156 Unopposed MOTION for Order for Leave to Waive Defendant Thompson's Appearance by James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Kaplan, David) (Entered: 06/14/2010)
06/14/2010157 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 6/14/2010, granting 156 Motion for Order to waive defendant Thompson's appearance at the 6/14/2010 hearing. Defendant James Thompson (5) need not appear. (tllsl, ) (Entered: 06/14/2010)
06/14/2010158 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 6/14/2010 as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 155 MOTION to Quash Subpoena Served On Fact Witness Donald Holmstrom For Improper Purpose filed by USA. This motion will be heard at the 6/24/2010 hearing. Accordingly, the witness shall appear at the hearing and may or may not testify pending my ruling on the motion to quash. (tllsl, ) (Entered: 06/14/2010)
06/14/2010159  MOTION for Clarification of Court's Scheduling Order (Dkt. #135) by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Pena, Jaime) (Entered: 06/14/2010)
06/14/2010160 NOTICE of Intent to Reply to Government's Motion for Clarification of Court's Scheduling Order (Dkt. #135) by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Brown, Linnea) (Entered: 06/14/2010)
06/15/2010161 SUPPLEMENT to Motion to Quash and Objection by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Bonora, Marc) (Entered: 06/15/2010)
06/15/2010162 RESPONSE to Motion by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 159 MOTION for Clarification of Court's Scheduling Order (Dkt. #135) (Brown, Linnea) (Entered: 06/15/2010)
06/15/2010163 NOTICE of Intent to Respond to Motion to Quash Subpoena [Dkt. #155] and Supplement to Motion to Quash [Dkt. #161] by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Brown, Linnea) (Entered: 06/15/2010)
06/15/2010164 ORDER by Chief Judge Wiley Y. Daniel on 6/15/2010, granting 159 Motion for Clarification as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5). See attached order for additional information. (tllsl, ) (Entered: 06/15/2010)
06/16/2010165 ORDER by Chief Judge Wiley Y. Daniel on 6/16/2010 as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 164 Order on Motion for Clarification, correction of response date. (tllsl, ) (Entered: 06/16/2010)
06/16/2010166 Unopposed MOTION for Order for Leave to Waive Defendant Phillippe Goutagny's Appearance by Philippe Goutagny as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Nielsen, Dru) (Entered: 06/16/2010)
06/16/2010167 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 6/16/2010, granting 166 Motion for Order to waive appearance at the 6/24/2010 hearing, as to Philippe Goutagny (4). (tllsl, ) (Entered: 06/16/2010)
06/18/2010168 RESPONSE in Opposition by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 155 MOTION to Quash Subpoena Served On Fact Witness Donald Holmstrom For Improper Purpose and the "Supplement" [Doc. No. 161] (Attachments: # 1 Exhibit Exh A, # 2 Exhibit Exh B)(Hofmann, Michael) (Entered: 06/18/2010)
06/21/2010169 NOTICE of Authority for Defendants Public Service Company of Colorado and Xcel Energy Inc.'s Response in Opposition re 161 Supplement, 155 MOTION to Quash Subpoena Served On Fact Witness Donald Holmstrom For Improper Purpose by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Hofmann, Michael) (Entered: 06/21/2010)
06/22/2010170 REPLY TO RESPONSE 168 to Motion by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 155 MOTION to Quash Subpoena Served On Fact Witness Donald Holmstrom For Improper Purpose (Attachments: # 1 Exhibit A)(Bonora, Marc) Modified on 6/23/2010 to add linkage (tllsl, ). (Entered: 06/22/2010)
06/23/2010171 Sealed Document (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Nielsen, Dru) (Entered: 06/23/2010)
06/23/2010172  MOTION to Seal Document by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Nielsen, Dru) (Entered: 06/23/2010)
06/23/2010173 Sealed Document (Nielsen, Dru) (Entered: 06/23/2010)
06/23/2010174 Proposed MOTION for Order for Leave to File Under Seal by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Ferrer, Molly) (Entered: 06/23/2010)
06/24/2010177 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Motion Hearing/Status Conference as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson held on 6/24/2010. Court granting in part and denying in part 120 Motion to Compel; deferring ruling on 130 Motion for Disclosure ; deferring ruling on 147 Motion for Clarification ; denying 155 Motion to Quash. Daubert Hearing set for 7/27/2010 09:00 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. (Court Reporter Therese Lindblom) (tllsl, ) (Entered: 06/28/2010)
06/25/2010175 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 6/25/2010, granting 172 Motion to Seal Document as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5).TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (tllsl, ) (Entered: 06/25/2010)
06/25/2010176 Sealed Document-order as to 172. (tllsl, ) (Entered: 06/25/2010)
06/30/2010178 ORDER by Chief Judge Wiley Y. Daniel on 6/30/2010, denying 130 Motion for Disclosure as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4) and James Thompson (5). Deferring ruling on 147 Motion for Clarification. Daubert Hearing set for 7/27/2010 09:00 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. (tllsl, ) (Entered: 06/30/2010)
07/02/2010179  MOTION to Sever Defendant RPI, Goutagny and Thompson by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Nielsen, Dru) (Entered: 07/02/2010)
07/02/2010180  MOTION for Order to Review Privileged Documents In Camera by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Bonora, Marc) (Entered: 07/02/2010)
07/06/2010181 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 7/6/2010 as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. Government shall file responses to 171 and 179 not later than 7/21/2010. A reply may be filed not later than 7/30/2010. (tllsl, ) Modified on 7/7/2010 to add text (tllsl, ). (Entered: 07/06/2010)
07/08/2010182 Unopposed MOTION for Extension of Time to File Supplement to Motion for Clarification of Protective Orders by RPI Coating, Inc. as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Ferrer, Molly) (Entered: 07/08/2010)
07/08/2010183 Proposed MOTION for Order Re: Defendant RPI Coating, Inc.'s Unopposed Motion for a One Week Extension of Time to File Supplement to Motion for Clarification of Protective Orders by RPI Coating, Inc. as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Ferrer, Molly) (Entered: 07/08/2010)
07/09/2010184 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 7/9/2010, granting 182 Motion for Extension of Time to File as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5). Defendant RPI Coating, Inc. (3) has up to and including 7/15/2010 to file supplement. (tllsl, ) (Entered: 07/09/2010)
07/09/2010185 NOTICE - Government's Notice Regarding the Need for a Pre-Trial Daubert Hearing on the Previously Disclosed Expert Witnesses Proffered by Defendant Xcel re 177 Order on Motion to Compel,,, Order on Motion for Disclosure,,, Order on Motion for Clarification,,, Order on Motion to Quash,,, Motion Hearing,,, Status Conference,,, Set Hearings,,, Terminate Deadlines and Hearings,, by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Pena, Jaime) (Entered: 07/09/2010)
07/09/2010186  MOTION to Withdraw as Attorney of Record by Molly H. Ferrer by RPI Coating, Inc., Philippe Goutagny as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Re: Motion to Withdrawal as Attorney of Record)(Ferrer, Molly) (Entered: 07/09/2010)
07/09/2010187 MEMORANDUM regarding 186 MOTION to Withdraw as Attorney of Record by Molly H. Ferrer filed by Philippe Goutagny, RPI Coating, Inc. ; Motion(s) referred to Magistrate Judge Michael J. Watanabe.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (tllsl, ) (Entered: 07/09/2010)
07/09/2010188 MINUTE ORDER granting 186 Motion to Withdraw as Attorney. Molly Hart Ferrer withdrawn from case as to RPI Coating, Inc. (3) and Philippe Goutagny (4). by Magistrate Judge Michael J. Watanabe on 7/9/2010.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (tllsl, ) (Entered: 07/09/2010)
07/13/2010189 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 7/13/2010, denying as moot 127 Motion in Limine as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5). (tllsl, ) (Entered: 07/13/2010)
07/15/2010190  MOTION to Supplement 147 MOTION for Clarification re 40 Order on Motion to Disclose Grand Jury Material, 39 Order on Motion for Protective Order MOTION for Clarification re 40 Order on Motion to Disclose Grand Jury Material, 39 Order on Motion for Protective Order by RPI Coating, Inc. as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Nielsen, Dru) (Entered: 07/15/2010)
07/16/2010191 RESPONSE in Opposition by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 179 MOTION to Sever Defendant RPI, Goutagny and Thompson (Pena, Jaime) (Entered: 07/16/2010)
07/16/2010192 RESPONSE in Opposition by USA as to RPI Coating, Inc. re 190 MOTION to Supplement 147 MOTION for Clarification re 40 Order on Motion to Disclose Grand Jury Material, 39 Order on Motion for Protective Order MOTION for Clarification re 40 Order on Motion to Disclose Grand Jury Material, 39 Order on Moti MOTION to Supplement 147 MOTION for Clarification re 40 Order on Motion to Disclose Grand Jury Material, 39 Order on Motion for Protective Order MOTION for Clarification re 40 Order on Motion to Disclose Grand Jury Material, 39 Order on Moti, 147 MOTION for Clarification re 40 Order on Motion to Disclose Grand Jury Material, 39 Order on Motion for Protective Order MOTION for Clarification re 40 Order on Motion to Disclose Grand Jury Material, 39 Order on Motion for Protective Order - Government's Consolidated Response in Opposition to Defendant's (RPI) Motion for Clarification of Protective Order (Dkt. #147) and Its Supplement (Dkt. #190) (Pena, Jaime) (Entered: 07/16/2010)
07/16/2010193 STATEMENT re 190 MOTION to Supplement 147 MOTION for Clarification re 40 Order on Motion to Disclose Grand Jury Material, 39 Order on Motion for Protective Order MOTION for Clarification re 40 Order on Motion to Disclose Grand Jury Material, 39 Order on Moti MOTION to Supplement 147 MOTION for Clarification re 40 Order on Motion to Disclose Grand Jury Material, 39 Order on Motion for Protective Order MOTION for Clarification re 40 Order on Motion to Disclose Grand Jury Material, 39 Order on Moti by Defendants Xcel Energy Inc., Public Service Company of Colorado (Hofmann, Michael) (Entered: 07/16/2010)
07/21/2010194 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 7/21/2010, granting 180 Motion for Order to Submit to the Court Privileged Documents forin Camera Review as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5). The Government is ordered to produce these documents to the Court not later than the close of business on Thursday, July 22, 2010. (tllsl, ) (Entered: 07/21/2010)
07/22/2010195 BRIEF in Opposition by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson to 180 MOTION for Order to Review Privileged Documents In Camera as to Withheld Documents (Attachments: # 1 Exhibit Exhibit A)(Hofmann, Michael) (Entered: 07/22/2010)
07/26/2010196 BRIEF in Support by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson to 180 MOTION for Order to Review Privileged Documents In Camera Responding to Xcel's Brief 195 (Bonora, Marc) (Entered: 07/26/2010)
07/27/2010197 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 7/27/2010 Re-Setting Hearing as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. The Daubert Hearing is continued to 7/30/2010 02:00 PM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. Parties are to submit case authority by 7/29/2010 at 9:00am. (tllsl, ) (Entered: 07/28/2010)
07/27/2010202 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Daubert Hearing as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson held on 7/27/2010. Court deferring ruling on 126 Motion to Exclude and deferring ruling on 129 Motion to Exclude. Granting 147 Motion for Clarification. Continued Daubert Hearing set for 7/30/2010 02:00 PM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. (Court Reporter Therese Lindblom) (tllsl, ) (Entered: 07/29/2010)
07/29/2010199 NOTICE OF LEGAL AUTHORITY PURSUANT TO THE COURTS INSTRUCTION by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Attachments: # 1 Exhibit Exh A, # 2 Exhibit Exh B, # 3 Exhibit Exh C, # 4 Exhibit Exh D, # 5 Exhibit Exh E)(Hofmann, Michael) (Entered: 07/29/2010)
07/29/2010200 BRIEF by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Nielsen, Dru) (Entered: 07/29/2010)
07/29/2010201 BRIEF by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re: 197 Order Setting Hearing, (Pena, Jaime) (Entered: 07/29/2010)
07/30/2010203 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Daubert Hearing as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson held on 7/30/2010. Court deferring ruling on 126 Motion to Exclude and deferring ruling on 129 Motion to Exclude. ORDERED: Counsel shall file an advisement with the Court regarding which parts of the other Daubert Motions no longer are at issue not later than 8/6/2010. (Court Reporter Therese Lindblom) (tllsl, ) (Entered: 08/03/2010)
08/06/2010204 STIPULATION Regarding Proposed Expert Testimony of Michael Roop by USA, RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Nielsen, Dru) (Entered: 08/06/2010)
08/09/2010205 ORDER by Chief Judge Wiley Y. Daniel on 8/9/2010, denying 126 Motion to Exclude and denying 129 Motion to Exclude as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5). (tllsl, ) (Entered: 08/09/2010)
08/12/2010206  MOTION for Reconsideration re 205 Order on Motion to Exclude,,, by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Exhibit Exh A, # 2 Exhibit Exh B, # 3 Exhibit Exh C, # 4 Exhibit Exh D, # 5 Exhibit Exh E, # 6 Exhibit Exh F, # 7 Exhibit Exh G)(Hofmann, Michael) (Entered: 08/12/2010)
08/13/2010207 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 8/13/2010 as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 206 MOTION for Reconsideration re 205 Order on Motion to Exclude; MOTION for Reconsideration re 205 Order on Motion to Exclude filed by Public Service Company of Colorado, Xcel Energy Inc. Government is ordered to respond no later than 8/26/2010. (romsl, ) (Entered: 08/13/2010)
08/16/2010208 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 8/16/2010 Setting Hearing as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny and James Thompson. Daubert Hearing set for 9/9/2010 09:00 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. (romsl, ) (Entered: 08/16/2010)
08/20/2010209 STATEMENT re 179 MOTION to Sever Defendant RPI, Goutagny and Thompson by Defendants Xcel Energy Inc., Public Service Company of Colorado (Hofmann, Michael) (Entered: 08/20/2010)
08/24/2010210 WAIVER of Appearance at September 9, 2010 Hearing by Philippe Goutagny (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Nielsen, Dru) Modified on 8/24/2010 to correct event used per chambers (tllsl, ). (Entered: 08/24/2010)
08/24/2010211 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 8/24/2010, granting 210 Motion for Order as to Philippe Goutagny (4). Mr. Goutagny need not be present at the September 9, 2010 Daubert hearing. (tllsl, ) (Entered: 08/24/2010)
08/25/2010212 Unopposed MOTION to Excuse Defendant Thompson's Appearance at Hearing on 9/9/10 by James Thompson as to Philippe Goutagny. (Kaplan, David) (Entered: 08/25/2010)
08/26/2010213 RESPONSE in Opposition by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 206 MOTION for Reconsideration re 205 Order on Motion to Exclude,,, MOTION for Reconsideration re 205 Order on Motion to Exclude,,, (Attachments: # 1 Exhibit)(Pena, Jaime) (Entered: 08/26/2010)
08/26/2010214 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 8/26/2010, granting 212 Motion to Excuse ; Defendant James Thompson need not be present at the Daubert hearing set for 9/9/2010. (tllsl, ) (Entered: 08/26/2010)
08/27/2010215 BRIEF in Support by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson to 206 MOTION for Reconsideration re 205 Order on Motion to Exclude,,, MOTION for Reconsideration re 205 Order on Motion to Exclude,,, (Hofmann, Michael) (Entered: 08/27/2010)
08/30/2010216 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 8/30/2010 as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 209 Statement filed by Public Service Company of Colorado, Xcel Energy Inc. The motion to sever will be ruled on when the Court, in its sole discretion, deems it appropriate. See attached document for further information. (tllsl, ) (Entered: 08/30/2010)
09/02/2010217  MOTION to Continue Daubert Hearing by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Nielsen, Dru) (Entered: 09/02/2010)
09/02/2010218 ORDER by Chief Judge Wiley Y. Daniel on 9/2/2010, granting 217 Motion to Continue Daubert Hearing as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5). Parties are directed to contact chambers to reset the hearing, not later than 9/13/2010. (tllsl, ) (Entered: 09/02/2010)
09/14/2010219 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 9/14/2010 Setting Hearing as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. Status Conference set for 11/4/2010 02:30 PM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. Status Report due by 10/28/2010. (tllsl, ) (Entered: 09/14/2010)
09/23/2010220 ORDER by Chief Judge Wiley Y. Daniel on 9/23/2010, denying 206 Motion for Reconsideration as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5). (tllsl, ) (Entered: 09/23/2010)
09/27/2010221  MOTION to Withdraw as Attorney by Marc Bonora by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only))(Bonora, Marc) (Entered: 09/27/2010)
09/28/2010222 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 9/28/2010, granting 221 Motion to Withdraw as Attorney. Marc Andrew Bonora withdrawn from case as counsel for the government- in case Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5). (tllsl, ) Modified on 9/29/2010 to correct a typo (tllsl, ). (Entered: 09/28/2010)
10/28/2010223 STATUS REPORT - Parties' Joint Status Report to the Court Pursuant to Court's Order (Dkt. #219) by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Pena, Jaime) (Entered: 10/28/2010)
11/02/2010224 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 11/2/2010 Setting Hearing as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. Status conference set for 11/4/2010 is VACATED. Status Report due by 12/10/2010. Status Conference set for 12/17/2010 11:00 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. (tllsl, ) (Entered: 11/02/2010)
12/10/2010225 STATUS REPORT in Advance of the December 17, 2010 Status Conference by All Parties as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Nielsen, Dru) (Entered: 12/10/2010)
12/17/2010226 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Status Conference as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson held on 12/17/2010. Motions due by 12/23/2010. Responses due by 1/18/2011. Motion Hearing set for 1/24/2011 03:30 PM in Courtroom A1002, Trial Preparation Conference set for 5/9/2011 at 10:00 AM in Courtroom A1002 and Jury Trial set for 5/31/2011 09:00 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel (Court Reporter: Therese Lindblom) (tllsl, ) Modified on 12/21/2010 to correct filing date (tllsl, ). (Entered: 12/21/2010)
12/23/2010227 Renewed MOTION for Disclosure of the Terms and Amount of the Settlement by RPI Coating, Inc., Philippe Goutagny as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Nielsen, Dru) (Entered: 12/23/2010)
01/05/2011228 Unopposed MOTION for Order for Leave to Waive Defendant Philippe Goutagny's Appearance by Philippe Goutagny as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Nielsen, Dru) (Entered: 01/05/2011)
01/06/2011229 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 1/6/2011, granting 228 Motion for Order for waiver of appearance as to Philippe Goutagny (4). (tllsl, ) Modified on 1/11/2011 to add "minute" to entry (tllsl). (Entered: 01/06/2011)
01/18/2011230 RESPONSE to Motion by USA as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 227 Renewed MOTION for Disclosure of the Terms and Amount of the Settlement (Pena, Jaime) (Entered: 01/18/2011)
01/18/2011231 Joint MOTION for Order of Deadline of Notice of Disposition by USA, RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Nielsen, Dru) (Entered: 01/18/2011)
01/18/2011232 Unopposed MOTION for Order for Leave to Waive Defendant's Appearance by James Thompson. (Kaplan, David) (Entered: 01/18/2011)
01/18/2011233 RESPONSE to Motion by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 227 Renewed MOTION for Disclosure of the Terms and Amount of the Settlement (Hofmann, Michael) (Entered: 01/18/2011)
01/19/2011234 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 1/19/2011, granting 232 Motion for Order to waive appearance at the 1/24/2011 hearing as to James Thompson (5). (tllsl, ) (Entered: 01/19/2011)
01/21/2011235 REPLY TO RESPONSE to Motion by RPI Coating, Inc. as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 227 Renewed MOTION for Disclosure of the Terms and Amount of the Settlement (Nielsen, Dru) (Entered: 01/21/2011)
01/24/2011236 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Motion Hearing as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson held on 1/24/2011. Court deferring ruling on 179 Motion to Sever Defendant, deferring ruling on 227 Motion for Disclosure, deferring ruling on 231 Motion for Order and deferring ruling on 171 . ORDERED: Parties shall submit the documents for in-camera review and a proposed protective order not later than 2/4/2011. (Court Reporter: Therese Lindblom) (tllsl, ) (Entered: 01/26/2011)
02/04/2011237 Joint MOTION for Extension of Time to File Proposed Protective Order by USA, Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Nielsen, Dru) (Entered: 02/04/2011)
02/07/2011238 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 2/7/2011, granting 237 Motion for Extension of Time to File as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5). Proposed protective order shall be filed not later than 2/14/2011. (tllsl, ) (Entered: 02/07/2011)
02/14/2011239 STATEMENT of DEFENDANTS XCEL ENERGY INC. AND PUBLIC SERVICE COMPANY OF COLORADOS SUBMISSION IN SUPPORT OF PROPOSED PROTECTIVE ORDER by Defendants Xcel Energy Inc., Public Service Company of Colorado (Attachments: # 1 Proposed Order (PDF Only) Exh A Proposed Protective Order, # 2 Exhibit Exh B)(Hofmann, Michael) (Entered: 02/14/2011)
02/16/2011240 ORDER by Chief Judge Wiley Y. Daniel on 2/16/2011, granting 179 Motion to Sever Defendant as to Xcel Energy Inc. (1), Public Service Company of Colorado (2), RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5). 171 is denied. (tllsl, ) (Entered: 02/16/2011)
02/16/2011241 SUPPLEMENT TO ITS SUBMISSION IN SUPPORT OF PROPOSED PROTECTIVE ORDER to 239 Statement, by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Hofmann, Michael) (Entered: 02/16/2011)
02/24/2011242 ORDER DISCLOSING DISCOVERY and PROTECTIVE ORDER as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. See attached document for further information. by Chief Judge Wiley Y. Daniel on 2/24/2011. (tllsl, ) (Entered: 02/24/2011)
02/24/2011243 NOTICE of Change of Address (Nielsen, Dru) (Entered: 02/24/2011)
03/29/2011244 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 3/29/2011 as to Xcel Energy Inc., Public Service Company of Colorado. Parties are ordered to submit a joint proposed jury questionnaire to the Court. These materials shall be filed not later than 4/18/2011. See attached document for additional information. (tllsl, ) (Entered: 03/29/2011)
04/13/2011245 NOTICE of Change of Address (Brown, Linnea) (Entered: 04/13/2011)
04/18/2011246 STRICKEN: Proposed Jury Instructions by USA as to Xcel Energy Inc., Public Service Company of Colorado (Pena, Jaime) Modified on 4/27/2011 to strike per 253(tllsl, ). (Entered: 04/18/2011)
04/18/2011247 WITNESS LIST by USA as to Xcel Energy Inc., Public Service Company of Colorado (Attachments: # 1 Exhibit Attachment 1 - Proposed Witness List)(Pena, Jaime) (Entered: 04/18/2011)
04/18/2011248 EXHIBIT LIST by USA as to Xcel Energy Inc., Public Service Company of Colorado (Attachments: # 1 Exhibit Attachment 1 - Proposed Exhibit List)(Pena, Jaime) (Entered: 04/18/2011)
04/18/2011249 STRICKEN: Proposed Jury Instructions by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Hofmann, Michael) Modified on 4/27/2011 to strike per 253 (tllsl, ). (Entered: 04/18/2011)
04/18/2011250 STRICKEN: SUPPLEMENT -- Joint Proposed Supplemental Jury Questionnaire by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Attachments: # 1 Proposed Document Joint Proposed Supplemental Jury Questionnaire)(Hofmann, Michael) Modified on 4/27/2011 to strike per 253 (tllsl, ). (Entered: 04/18/2011)
04/18/2011251 STRICKEN: NOTICE of Non-Objection to Certain Proposed Jury Instructions by Xcel Energy Inc., Public Service Company of Colorado (Hofmann, Michael) Modified on 4/27/2011 to strike per 253 (tllsl, ). (Entered: 04/18/2011)
04/18/2011252 STRICKEN: Objection to the Government's Proposed Jury Instructions by Xcel Energy Inc., Public Service Company of Colorado re 246 Proposed Jury Instructions (Hofmann, Michael) Modified on 4/27/2011 to strike per 253 (tllsl, ). (Entered: 04/18/2011)
04/27/2011253 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 4/27/2011 as to Xcel Energy Inc., Public Service Company of Colorado: STRIKING 252 Objection, 250 Supplement, 251 Notice, 249 Proposed Jury Instructions and 246 Proposed Jury Instructions. SEE ATTACHED ORDER for further information. (tllsl, ) (Entered: 04/27/2011)
05/05/2011254 Joint MOTION for Extension of Time to File STIPULATIONS OF TRIAL EXHIBITS by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only))(Hofmann, Michael) (Entered: 05/05/2011)
05/05/2011255 WITNESS LIST - Amended Witness List by USA as to Xcel Energy Inc., Public Service Company of Colorado (Attachments: # 1 Exhibit Attachment A - Amended Witness List)(Pena, Jaime) (Entered: 05/05/2011)
05/05/2011256 WITNESS LIST by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Attachments: # 1 Exhibit Witness List)(Hofmann, Michael) (Entered: 05/05/2011)
05/05/2011257 Proposed Voir Dire by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Hofmann, Michael) (Entered: 05/05/2011)
05/05/2011258 EXHIBIT LIST - Government's Amended Exhibit List by USA as to Xcel Energy Inc., Public Service Company of Colorado (Attachments: # 1 Exhibit Attachment 1 - Amended Exhibit List)(Pena, Jaime) (Entered: 05/05/2011)
05/05/2011259 EXHIBIT LIST by Xcel Energy Inc., Public Service Company of Colorado (Attachments: # 1 Exhibit Attachment 1)(Stricklin, Clifford) (Entered: 05/05/2011)
05/06/2011260 MINUTE ORDER granting 254 Motion for Extension of Time to File as to Xcel Energy Inc. (1), Public Service Company of Colorado (2). Parties have until 5/16/2011 to submit stipulations. by Chief Judge Wiley Y. Daniel on 5/6/2011. (tllsl, ) (Entered: 05/06/2011)
05/06/2011261 Proposed Jury Instructions by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Hofmann, Michael) (Entered: 05/06/2011)
05/09/2011262 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Trial Preparation Conference as to Xcel Energy Inc., Public Service Company of Colorado held on 5/9/2011. See attached document for trial deadlines. A further Trial Preparation Conference is set for 5/25/2011 at 08:15 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. (Court Reporter: Therese Lindblom) (tllsl, ) (Entered: 05/11/2011)
05/16/2011263 EXHIBIT LIST -- Joint Stipulation on the Admissibility of Exhibits by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Attachments: # 1 Exhibit, # 2 Exhibit)(Hofmann, Michael) (Entered: 05/16/2011)
05/17/2011264 MINUTE ORDER Setting Hearing as to Xcel Energy Inc., Public Service Company of Colorado. Trial Preparation Conference set for 5/24/2011 at 08:15 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. by Judge Robert E. Blackburn on 5/17/2011. (tllsl, ) (Entered: 05/17/2011)
05/17/2011265 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Status Conference as to Xcel Energy Inc., Public Service Company of Colorado held on 5/17/2011. Jury Questionnaire Completion. (Court Reporter: Therese Lindblom) (tllsl, ) (Entered: 05/19/2011)
05/20/2011266 Objection - Government's Objections to Defendants' Disputed Proposed Jury Instructions by USA as to Xcel Energy Inc., Public Service Company of Colorado re 261 Proposed Jury Instructions, (Attachments: # 1 Exhibit Exhibit 1 - OSHA Policy Issuances, # 2 Exhibit Exhibit 2 - OSHA Directives System, # 3 Exhibit Exhibit 3 - Non-Policy Issuances)(Pena, Jaime) (Entered: 05/20/2011)
05/20/2011267 Proposed Jury Instructions -- DEFENDANTS XCEL ENERGY INC.S AND PUBLIC SERVICE COMPANY OF COLORADOS OBJECTIONS TO THE GOVERNMENTS PROPOSED JURY INSTRUCTIONS by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Attachments: # 1 Exhibit)(Hofmann, Michael) (Entered: 05/20/2011)
05/20/2011268 Joint MOTION to Excuse Certain Jurors by Xcel Energy Inc. as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Stricklin, Clifford) (Entered: 05/20/2011)
05/23/2011269 WITNESS LIST - Government's Second Amended Witness List by USA as to Xcel Energy Inc., Public Service Company of Colorado (Attachments: # 1 Exhibit Attachment 1 - Plaintiff's Second Amended Witness List)(Pena, Jaime) (Entered: 05/23/2011)
05/23/2011270 STATEMENT -- List of Issues to be Discussed at the Final Trial Preparation Conference by Defendants Xcel Energy Inc., Public Service Company of Colorado (Hofmann, Michael) (Entered: 05/23/2011)
05/23/2011271 NOTICE Defendants' Observations Related to Completed Jury Questionnaires by Xcel Energy Inc., Public Service Company of Colorado (Stricklin, Clifford) (Entered: 05/23/2011)
05/24/2011274 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Trial Preparation Conference as to Xcel Energy Inc., Public Service Company of Colorado held on 5/24/2011. Government shall respond to the request by Defendants for the Court to take Judicial Notice of Defendants' exhibits D37 and D67 not later than Thursday, 5/26/11, at 12:00 noon. Order granting in part and deferring in part 268 Joint Stipulation to Excuse Certain Jurors. Defendants Observations Related to Completed Jury Questionnaires 271 , filed 5/23/11, is sustained in part and overruled in part. (Court Reporter: Therese Lindblom) (mjgsl, ) (Entered: 05/27/2011)
05/26/2011272 RESPONSE by USA as to Xcel Energy Inc., Public Service Company of Colorado re: 270 Statement filed by Public Service Company of Colorado, Xcel Energy Inc. - Government's Response in Opposition to Defendants' Request that Exhibits D37 and D67 be Judicially Noticed (Pena, Jaime) (Entered: 05/26/2011)
05/26/2011273 TRIAL BRIEF by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Hofmann, Michael) (Entered: 05/26/2011)
05/27/2011275 EXHIBIT LIST - Government's Second Amended Exhibit List by USA as to Xcel Energy Inc., Public Service Company of Colorado (Attachments: # 1 Exhibit Attachment 1 - Government's Second Amended Exhibit List)(Pena, Jaime) (Entered: 05/27/2011)
05/27/2011276 EXHIBIT LIST -- Further Joint Stipulation on the Admissibility of Exhibits by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Hofmann, Michael) (Entered: 05/27/2011)
05/27/2011277 NOTICE - Government's Notice of Its Intent to Use Leading Questions Under Fed.R.Evid. 611(c) During the Direct Examination of Officers, Managers, and Employees of the Defendants by USA as to Xcel Energy Inc., Public Service Company of Colorado (Pena, Jaime) (Entered: 05/27/2011)
05/27/2011278 WITNESS LIST - Government's Third Amended Witness List by USA as to Xcel Energy Inc., Public Service Company of Colorado (Attachments: # 1 Exhibit Attachment 1 - Government's Third Amended Witness List)(Pena, Jaime) (Entered: 05/27/2011)
05/27/2011279 EXHIBIT LIST -- 2nd Amended Trial Exhibit List by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Hofmann, Michael) (Entered: 05/27/2011)
05/27/2011280 NOTICE -- Defendants' Response to the Government's "Notice" Concerning Its Intent to Ask Leading Questions by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Hofmann, Michael) (Entered: 05/27/2011)
05/27/2011281 WITNESS LIST -- Defendants' First Amended Witness List by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Attachments: # 1 Exhibit Attach #1 - 1st Amended Witness List)(Hofmann, Michael) (Entered: 05/27/2011)
05/31/2011282 Objection (Supplemental) to Government's Proposed Jury Instruction No. 7 by Xcel Energy Inc., Public Service Company of Colorado (Attachments: # 1 Exhibit)(Hofmann, Michael) (Entered: 05/31/2011)
05/31/2011283 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial Day 1 - Voir Dire as to Xcel Energy Inc. and Public Service Company of Colorado held on 5/31/2011. Trial Continued. (Court Reporter: Therese Lindblom) (romsl, ) (Entered: 06/02/2011)
05/31/2011284 ENTRY FOR STATICIAL PURPOSES ONLY re 283 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial Day 1 - Voir Dire as to Xcel Energy Inc. and Public Service Company of Colorado held on 5/31/2011. Trial Continued. (Court Reporter: Therese Lindblom) TEXT ENTRY ONLY - NO DOCUMENT ATTACHED. (romsl, ) (Entered: 06/03/2011)
06/01/2011285 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial Day 2 as to Xcel Energy Inc. and Public Service Company of Colorado held on 6/1/2011. Trial Continued. (Court Reporter: Therese Lindblom) (romsl, ) (Entered: 06/03/2011)
06/02/2011287 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial Day 3 as to Xcel Energy Inc., Public Service Company of Colorado held on 6/2/2011. Trial continued. (Court Reporter: Therese Lindblom) (romsl, ) (Entered: 06/06/2011)
06/03/2011288 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial Day 4 as to Xcel Energy Inc., Public Service Company of Colorado held on 6/3/2011. Trial Continued. (Court Reporter: Therese Lindblom) (romsl, ) (Entered: 06/06/2011)
06/06/2011286 WITNESS LIST by USA as to Xcel Energy Inc., Public Service Company of Colorado (Attachments: # 1 Exhibit Attachment 1 - Plaintiff's Fourth Amended Witness List)(Pena, Jaime) (Entered: 06/06/2011)
06/06/2011289 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial Day 5 as to Xcel Energy Inc., Public Service Company of Colorado held on 6/6/2011. Trial continued. (Court Reporter: Therese Lindblom) (romsl, ) (Entered: 06/08/2011)
06/07/2011290 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial - Day 6 as to Xcel Energy Inc., Public Service Company of Colorado held on 6/7/2011. Examination. Trial continued. (Court Reporter: Therese Lindblom) (mjgsl, ) (Entered: 06/08/2011)
06/08/2011291 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial Day 7 as to Xcel Energy Inc., Public Service Company of Colorado held on 6/8/2011. Trial continued. (Court Reporter: Therese Lindblom) (romsl, ) (Entered: 06/10/2011)
06/09/2011292 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial Day 8 as to Xcel Energy Inc., Public Service Company of Colorado held on 6/9/2011. Trial continued. (Court Reporter: Therese Lindblom) (romsl, ) (Entered: 06/13/2011)
06/13/2011294 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial as to Xcel Energy Inc., Public Service Company of Colorado held on 6/13/2011. Trial continued. (Court Reporter: Therese Lindblom) (romsl, ) (Entered: 06/14/2011)
06/14/2011293 Proposed Jury Instructions - Government's Proposed Supplemental Jury Instructions by USA as to Xcel Energy Inc., Public Service Company of Colorado (Pena, Jaime) (Entered: 06/14/2011)
06/14/2011295  MOTION to Preclude [MOTION TO LIMIT SCOPE OF TESTIMONY OF MICHAEL LYNHAM] by Xcel Energy Inc., Public Service Company of Colorado. (Hofmann, Michael) (Entered: 06/14/2011)
06/14/2011296 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial Day 10 as to Xcel Energy Inc., Public Service Company of Colorado held on 6/14/2011. Trial continued. (Court Reporter: Therese Lindblom) (romsl, ) Modified on 6/20/2011 to correct text (romsl, ). (Entered: 06/16/2011)
06/15/2011297 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial - Day 11 as to Xcel Energy Inc., Public Service Company of Colorado held on 6/15/2011. Order deferring 295 Motion to Limit Scope of Testimony as to Xcel Energy Inc. (1),and Public Service Company of Colorado (2). Examination. Jury excused until Thursday, 6/16/11, at 9:30 a.m. Trial continued. (Court Reporter: Therese Lindblom) (mjgsl, ) (Entered: 06/17/2011)
06/16/2011300 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial - Day 12 as to Xcel Energy Inc., Public Service Company of Colorado held on 6/16/2011. Examination. Defendants' oral motion for judgment of acquittal is DENIED. Jury excused until Monday, 6/20/11, at 9:00 a.m. (Court Reporter: Therese Lindblom) (Attachments: # 1 Juror Letter) (mjgsl, ) (Entered: 06/20/2011)
06/16/2011301 Duplicate Entry--Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial Day 12 as to Xcel Energy Inc., Public Service Company of Colorado held on 6/16/2011. Defendants make an oral motion for judgment of acquittal pursuant to F.R.Cr.P. 29; Court DENIED oral motion. One juror submitted a written request to be excused; Court DENIED written request. Trial Continued. (Court Reporter: Therese Lindblom) (Attachments: # 1 Juror Letter) (romsl, ) Modified on 6/20/2011 to add text (romsl, ). (Entered: 06/20/2011)
06/20/2011298 Objection - Government's Objections to Court's Proposed Jury Instruction No. 32 by USA as to Xcel Energy Inc., Public Service Company of Colorado (Pena, Jaime) (Entered: 06/20/2011)
06/20/2011299 Proposed Jury Instructions -- Submission of Additional Proposed Jury Instructions -- by Xcel Energy Inc., Public Service Company of Colorado as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Hofmann, Michael) (Entered: 06/20/2011)
06/20/2011303 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial Day 13 as to Xcel Energy Inc., Public Service Company of Colorado held on 6/20/2011. Trial continued. (Court Reporter: Therese Lindblom) (romsl, ) (Entered: 06/22/2011)
06/21/2011302 Proposed Jury Instructions - Government's Proposed Second Supplemental Jury Instructions by USA as to Xcel Energy Inc., Public Service Company of Colorado (Pena, Jaime) (Entered: 06/21/2011)
06/21/2011304 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial Day 14 as to Xcel Energy Inc., Public Service Company of Colorado held on 6/21/2011. Trial continued. (Court Reporter: Therese Lindblom) (Attachments: # 1 Governments Refused Jury Instructions, # 2 Defendants Refused Jury Instructions, # 3 Defendants Refused Jury Instructions, # 4 Defendants Refused Jury Instructions, # 5 Defendants Refused Jury Instructions, # 6 Defendants Refused Jury Instructions, # 7 Defendants Refused Jury Instructions, # 8 Defendants Refused Jury Instructions, # 9 Defendants Refused Jury Instructions, # 10 Defendants Refused Jury Instructions, # 11 Defendants Refused Jury Instructions, # 12 Defendants Refused Jury Instructions, # 13 Defendants Refused Jury Instructions, # 14 Defendants Refused Jury Instructions, # 15 Defendants Refused Jury Instructions) (romsl, ) (Entered: 06/22/2011)
06/23/2011305 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial - Day 15 as to Xcel Energy Inc., Public Service Company of Colorado held on 6/23/2011. Closing Arguments. Jury excused until Friday, 6/24/11, at 9:00 a.m. Trial continued. (Court Reporter: Therese Lindblom) (Attachments: # 1 Final Jury Instructions) (mjgsl, ) (Entered: 06/27/2011)
06/24/2011306 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial - Day 16 as to Xcel Energy Inc., Public Service Company of Colorado held on 6/24/2011. Deliberations resume. Jury excused to deliberate until today at 5:00 p.m. and report back on Tuesday,6/28/11, at 12:00 p.m. Trial continued. (Court Reporter: Therese Lindblom) (Attachments: # 1 Jury Note 1, # 2 Jury Note 2, # 3 Jury Note 3) (mjgsl, ) (Entered: 06/28/2011)
06/28/2011309 Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Jury Trial - Day 17 as to Xcel Energy Inc., Public Service Company of Colorado held on 6/28/2011. JURY VERDICT as to Xcel Energy Inc., (1) Not Guilty on Counts 1-5 and Public Service Company of Colorado (2) Not Guilty on Counts 1-5. Trial concluded. (Court Reporter: Therese Lindblom) (Attachments: # 1 Exhibit List - Defendants, # 2 Amended Exhibit List Government, # 3 Defendants' Witness List, # 4 Government's Witness List, # 5 Juror Note, # 6 Jury Verdict) (mjgsl, ) (Entered: 06/30/2011)
06/29/2011307 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 6/29/2011. Setting Hearing as to RPI Coating, Inc., Philippe Goutagny, James Thompson Joint Status Report due by 7/15/2011. Status Conference set for 8/11/2011 04:00 PM in Courtroom A1002 (skssl, ) (Entered: 06/29/2011)
06/29/2011310 ORDER REGARDING CUSTODY by Chief Judge Wiley Y. Daniel on 6/28/11 OF EXHIBITS AND DEPOSITIONS as to Xcel Energy Inc., Public Service Company of Colorado. (mjgsl, ) (Entered: 06/30/2011)
06/30/2011308  MOTION to Continue Status Hearing by RPI Coating, Inc., Philippe Goutagny as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Nielsen, Dru) (Entered: 06/30/2011)
06/30/2011313 JUDGMENT by Chief Judge Wiley Y. Daniel on 6/30/11 as to defendant Public Service Company of Colorado (2), Count(s) 1-5: Judgment of Acquittal. Counts 1 - 5 of the Indictment are dismissed. Defendant acquitted of all charges and Indictment is dismissed. (mjgsl, ) (Entered: 07/05/2011)
07/01/2011311 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 7/01/2011 granting 308 Motion to Continue as to RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5) Status Hearing set for 8/11/11 is VACATED and RESET for 8/17/2011 09:30 AM in Courtroom A1002 (skssl, ) (Entered: 07/01/2011)
07/01/2011312 JUDGMENT of Acquittal by Chief Judge Wiley Y. Daniel on 7/1/11 as to defendant Xcel Energy Inc. (1), Count(s) 1-5: Judgment of Acquittal. Counts 1 - 5 of the Indictment are dismissed. Defendant acquitted of all charges and Indictment is dismissed. (mjgsl, ) (Entered: 07/05/2011)
07/15/2011314 Unopposed MOTION for Order to Waive Appearance of Philippe Goutagny by Philippe Goutagny as to RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Nielsen, Dru) (Entered: 07/15/2011)
07/15/2011315 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 7/15/2011 granting 314 Motion for Order as to RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5). (skssl, ) (Entered: 07/15/2011)
07/15/2011316 STATUS REPORT by USA, RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Nielsen, Dru) (Entered: 07/15/2011)
08/17/2011317 ORDER by Chief Judge Wiley Y. Daniel on 8/17/2011 Setting Hearing as to RPI Coating, Inc., Philippe Goutagny, James Thompson. Joint Status Report due by 9/12/2011. Status Conference continued for 9/19/2011 02:00 PM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. (skssl, ) (Entered: 08/17/2011)
08/17/2011318 MINUTE ENTRY for proceedings held before Chief Judge Wiley Y. Daniel: Defendants present on bond. Status Conference as to RPI Coating, Inc., Philippe Goutagny, James Thompson held on 8/17/2011. A continued status conference is set for 9/19/2011 at 2:00 PM in courtroom A-1002. Counsel shall file a status report not later than 9/12/2011. Bond continued. Hearing concluded. (Court Reporter: Therese Lindblom) (skssl, ) (Entered: 08/17/2011)
09/12/2011319 STATUS REPORT by USA, RPI Coating, Inc., Philippe Goutagny, James Thompson as to RPI Coating, Inc., Philippe Goutagny, James Thompson (Nielsen, Dru) (Entered: 09/12/2011)
09/12/2011320 Unopposed MOTION for Order to Waive Defendant Philippe Goutagny's Appearance by Philippe Goutagny as to RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Nielsen, Dru) (Entered: 09/12/2011)
09/13/2011321 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 09/13/11 granting 320 Motion for Leave to Waive Defendant Philippe Goutagny's Appearance, as to Philippe Goutagny (4). Defendant need not be present at the status conference on 9/19/11 at 2:00 PM, in courtroom A1002. (nmmsl, ) (Entered: 09/13/2011)
09/13/2011322 Unopposed MOTION to Excuse Defendant's Appearance by James Thompson. (Kaplan, David) (Entered: 09/13/2011)
09/13/2011323 MINUTE ORDER granting 322 Motion to Excuse as to James Thompson (5). James Thompson is excused from the status conference set for Monday, September 19, 2011, at 2:00 p.m., in courtroom A-1002. Entered by Chief Judge Wiley Y. Daniel on 9/13/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 09/13/2011)
09/16/2011324 MINUTE ORDER granting 320 Motion for Order as to RPI Coating, Inc. (3). Defendant Phillippe Goutagny shall not be required to attend the status conference on Monday, September 19, 2011, at 2:00 p.m. Entered by Chief Judge Wiley Y. Daniel on 9/16/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 09/16/2011)
09/16/2011325 STATUS REPORT and Request to Re-Set the Status Conference by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Nielsen, Dru) (Entered: 09/16/2011)
09/16/2011326 ORDER by Chief Judge Wiley Y. Daniel on 09/16/11granting 320 Motion for Order as to (4) Philippe Goutagny. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (nmmsl, ) (Entered: 09/16/2011)
09/16/2011327 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 09/16/11 as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson re 325 Status Report, filed by Philippe Goutagny, RPI Coating, Inc., James Thompson. Court grants 325 Request to Re-Set the Status Conference. Status Conference set for 9/19/11 at 2:00 pm is VACATED and RESET to 10/26/2011 02:00 PM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. (nmmsl, ) (Entered: 09/16/2011)
10/25/2011328 Unopposed MOTION to Continue Status Conference by RPI Coating, Inc., Philippe Goutagny, James Thompson as to Xcel Energy Inc., Public Service Company of Colorado, RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Nielsen, Dru) (Entered: 10/25/2011)
10/25/2011329 MINUTE ORDER granting 328 Motion to Continue Status Conference as to RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5): The parties shall contact chambers at 303-335-2170 not later thanFriday, 11/4/11 in order to reset the conference, by Chief Judge Wiley Y. Daniel on 10/25/11. (mjgsl, ) (Entered: 10/25/2011)
11/07/2011330 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 11/7/11 as to RPI Coating, Inc., Philippe Goutagny, James Thompson. A Status Conference is set for 11/30/2011 11:00 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. Should an earlier date become available, counsel will be notified. (nmmsl, ) (Entered: 11/07/2011)
11/30/2011334 MINUTE ENTRY for proceedings held before Chief Judge Wiley Y. Daniel: Status Conference as to RPI Coating, Inc. held on 11/30/2011. Defendants not present. A Change of Plea Hearing and immediate Sentencing hearing are set for 12/19/2011 01:15 PM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. Counsel to file a Notice of Disposition. Hearing concluded. (Court Reporter: Therese Lindblom) (nmmsl, ) Modified on 12/6/2011 to correct the date (skssl, ). (Entered: 12/02/2011)
12/01/2011331 NOTICE of Disposition by RPI Coating, Inc., Philippe Goutagny, James Thompson (Nielsen, Dru) (Entered: 12/01/2011)
12/01/2011332  MOTION to Waive Presentence Investigation and Report by RPI Coating, Inc., Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Nielsen, Dru) (Entered: 12/01/2011)
12/01/2011333 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 12/1/11 as to RPI Coating, Inc., Philippe Goutagny, James Thompson re 331 Notice of Disposition. A Change of Plea Hearing and immediate Sentencing set for 12/19/2011 01:15 PM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. See order for further details. (nmmsl, ) (Entered: 12/01/2011)
12/05/2011335 ORDER Re: Agreed Motion to Waive Presentence Investigation and Report by Chief Judge Wiley Y. Daniel on 12/5/11. Court enters an order GRANTING 332 Motion to Waive Presentence Investigation as to RPI Coating, Inc. (3), Philippe Goutagny (4), James Thompson (5). (nmmsl, ) (Entered: 12/05/2011)
12/15/2011336  MOTION to Dismiss Remaining Count 6 of the Indictment as to Defendant RPI Coating, Inc. at Sentencing by USA as to RPI Coating, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Pena, Jaime) (Entered: 12/15/2011)
12/15/2011337  MOTION to Dismiss the Indictment as to Defendants Philippe Goutagny and James Thompson at the Time of Co-Defendant's Sentencing by USA as to Philippe Goutagny, James Thompson. (Attachments: # 1 Proposed Order (PDF Only))(Pena, Jaime) (Entered: 12/15/2011)
12/15/2011338 Unopposed MOTION to Excuse Defendant's Appearance by James Thompson. (Kaplan, David) (Entered: 12/15/2011)
12/16/2011339 MINUTE ORDER by Chief Judge Wiley Y. Daniel on 12/16/11 granting 338 Motion to Excuse as to James Thompson (5). James Thompson need not be present at 12/19/11 hearing in this matter. (nmmsl, ) (Entered: 12/16/2011)
12/19/2011340 MINUTE ENTRY for Change of Plea Hearing and Immedicate Sentencing as to RPI Coating, Inc. proceedings held on 12/19/2011 before Chief Judge Wiley Y. Daniel. Granting 336 Motion to Dismiss as to RPI Coating, Inc. (3). Defendant RPI Coating, Inc. sentenced as reflected on the record. Bond is continued. (Court Reporter: Therese Lindblom) (wydcd, rrk) (Entered: 12/23/2011)
12/19/2011341 PLEA AGREEMENT as to RPI Coating, Inc. (wydcd, rrk) (Entered: 12/23/2011)
12/19/2011342 STATEMENT IN ADVANCE OF PLEA OF GUILTY by Defendant RPI Coating, Inc. (wydcd, rrk) (Entered: 12/23/2011)
12/19/2011343 ORDER as to RPI Coating, Inc. granting 336 MOTION to Dismiss Remaining Count 6 of the Indictment as to Defendant RPI Coating, Inc. at Sentencing filed by USA, by Chief Judge Wiley Y. Daniel on 12/19/11. (mjgsl, ) (Entered: 12/23/2011)
12/19/2011344 ORDER granting 337 Motion to Dismiss Indictment as to Philippe Goutagny (4), James Thompson (5), by Chief Judge Wiley Y. Daniel on 12/19/11. (mjgsl, ) (Entered: 12/23/2011)
01/11/2012345 JUDGMENT by Chief Judge Wiley Y. Daniel on 01/10/12 as to defendant RPI Coating, Inc. (3); Count(s) 1-5, Defendant Organization is sentenced to 5 years probation. Assessment of $50 per count for a total of $250. Fine/Penalty of $100,000. Count(s) 6, Dismissed. Criminal Case Terminated. (nmmsl, ) (Entered: 01/11/2012)