| ARCHIVE, TERMED |
Case title: USA v. Rhodia Inc. |
Date Filed: 12/19/2003 Date Terminated: 04/29/2004 |
| Assigned to: Judge Donald W. Molloy | ||
Defendant (1) |
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Rhodia Inc.
TERMINATED: 04/29/2004 |
represented by | Aimee M. Grmoljez
BROWNING KALECZYC BERRY & HOVEN 801 West Main Suite 2A Bozeman, MT 59715 406-449-4165 Fax: 406-449-5149 Email: srolan@crowleyfleck.com TERMINATED: 04/29/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Catherine A. Laughner BROWNING KALECZYC BERRY & HOVEN 801 West Main Suite 2A Bozeman, MT 59715 406-585-0888 Fax: 406-551-1059 Email: cathyl@bkbh.com TERMINATED: 04/29/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Gregory C. Black CORETTE POHLMAN & KEBE PO Box 509 Butte, MT 59703 406-782-5800 Fax: 723-8919 Email: gcblack@cpklawmt.com TERMINATED: 04/29/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Kenneth M. Kastner HOGAN & HARTSON 555 Thirteenth Street Washington, DC 20004 TERMINATED: 04/29/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Kevin D. Evans STEESE & EVANS 6400 South Fiddlers Green Circle Suite 1820 Denver, CO 80111 TERMINATED: 04/29/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Ty Cobb HOGAN & HARTSON 1 Tabor Center 1200 17th Street Suite 1500 Denver, CO 80202-5840 303-899-7300 TERMINATED: 04/29/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
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| 42:6928.F STORES/TREATS/TRANSPORTS ETC. to wit;
from December, 1998 until August, 2000 knowingly stored hazardous waste,
specifically ingnitable crude phosphorus in viol of 42:6928(d)(2)(A) (1) |
Defendant placed on probation for 5 years, no crimes, no EPA violations, comply with standards, special conditions: restitution in the amount of $1.8 due immediately paid to Clerk in Butte, notify USPO within 30 days of any address change, autho rized person to deal with EPA, quarterly report to USPO as to company's progress with remedies, public disclosure re: remedies approval by USPO-2 times a year, require 1000 hours community service as determined by USPO, fine of $16.2-pay to Clerk in Butte, special assessment of $400 on each count for a total of $800;money will be wired | |
| 42:6928.F STORES/TREATS/TRANSPORTS ETC. from
December 1998 until November 2000 stored ignitable hazardous waste,
specifically ignitable precipitator dust w/elemental phosphorous &
ignitable carbon brick w/elemental phosphorous in viol of
42:6928(d)(2)(A) (2) |
Defendant placed on probation for 5 years, no crimes, no EPA violations, comply with standards, special conditions: restitution in the amount of $1.8 due immediately paid to Clerk in Butte, notify USPO within 30 days of any address change, autho rized person to deal with EPA, quarterly report to USPO as to company's progress with remedies, public disclosure re: remedies approval by USPO-2 times a year, require 1000 hours community service as determined by USPO, fine of $16.2-pay to Clerk in Butte, special assessment of $400 on each count for a total of $800;money will be wired | |
Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
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| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
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| None |
Plaintiff |
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USA
TERMINATED: 04/29/2004 |
represented by | Kris A. McLean
OFFICE OF THE U.S. ATTORNEY PO Box 8329 Missoula, MT 59807 406-542-8851 Fax: 542-1476 Email: kris.mclean@usdoj.gov TERMINATED: 04/29/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Thomas L. Sansonetti U.S. DEPARTMENT OF JUSTICE - E.N.R.D. GENERAL LITIGATION PO Box 663 Washington, DC 20044-0663 202-305-0247 Fax: 305-0506 TERMINATED: 04/29/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/19/2003 | 1 | INFORMATION by USA Rhodia Inc. (1) count(s) 1, 2 (crm) (Entered: 12/23/2003) |
| 12/19/2003 | SUMMONS issued as to Rhodia Inc. ; arraignment set for 1:30 1/7/04 for Rhodia Inc. dlv orig and 1 w/cert copy of indct to USM in Missoula for service (cc:USA, USM, PROB) (crm) (Entered: 12/23/2003) | |
| 12/23/2003 | FILE DELIVERED to c/c in Missoula by cert mail 7002 2030 0000 8022 1755 (crm) (Entered: 12/23/2003) | |
| 12/24/2003 | RECEIVED 1 orig. file from Clerk Butte (CAD) (Entered: 12/24/2003) | |
| 12/24/2003 | FILE DELIVERED to shelf for hring 01/07/04 (CAD) (Entered: 12/24/2003) | |
| 12/29/2003 | PROPOSED PLEA AGREEMENT submitted by plaintiff USA - Left side of file (crm) (Entered: 12/30/2003) | |
| 01/06/2004 | FILE DELIVERED to chambers for COP (BAW) (Entered: 01/06/2004) | |
| 01/06/2004 | 2 | MOTION to continue plea hearing to 1/28/04 by Rhodia Inc. Blue file to L/C Tyler (crm) (Entered: 01/06/2004) |
| 01/06/2004 | 3 | MOTION to continue response dates re court's 12/08/03 & 12/09/03 orders by Rhodia Inc. (crm) (Entered: 01/06/2004) |
| 01/06/2004 | PROPOSED ORDER re[3-1] submitted by defendant Rhodia Inc. (crm) (Entered: 01/06/2004) | |
| 01/06/2004 | 4 | ORDER by Judge Donald W. Molloy granting motion to continue response dates re court's 12/08/03 & 12/09/03 orders [3-1], granting motion to continue plea hearing [2-1] ; change of plea hearing set for 2:30 1/14/04 for Rhodia Inc. in Missoula (cc: all counsel) (BAW) (Entered: 01/06/2004) |
| 01/06/2004 | 11 | ORDER by Mag Judge Leif B. Erickson granting motion reschedule arraignment set for 1/7/04 [5-1] ; arraignment set for 1:30 1/14/04 for Rhodia Inc. (cc: all counsel) (KJH) (Entered: 01/14/2004) |
| 01/07/2004 | 5 | MOTION reschedule arraignment set for 1/7/04 by Rhodia Inc. Blue file to L/C Tyler (crm) (Entered: 01/07/2004) |
| 01/08/2004 | 6 | MOTION for attorney Kevin D. Evans to appear pro hac vice by Rhodia Inc. (ELL) (Entered: 01/08/2004) |
| 01/08/2004 | 7 | AFFIDAVIT of Kevin D. Evans by defendant Rhodia Inc. regarding [6-1] (ELL) (Entered: 01/08/2004) |
| 01/08/2004 | RECEIVED - Check for $100.00 for phv fee and placed in safe in Butte until Order from Court. (ELL) (Entered: 01/08/2004) | |
| 01/08/2004 | 8 | MOTION to continue arraignment from set for 1/14/04 to 1/16/04 or 1/28/04 by Rhodia Inc. (ELL) (Entered: 01/08/2004) |
| 01/08/2004 | Lodged PROPOSED Order submitted by defendant Rhodia Inc. RE Motion #8. (ELL) (Entered: 01/08/2004) | |
| 01/08/2004 | REMARK - Mailed document #6, 7, and 8 to Clerk's Office in Missoula with copies and proposed Order w/envl. (ELL) (Entered: 01/08/2004) | |
| 01/13/2004 | 9 | OFFER OF PROOF by plaintiff USA (MCN) (Entered: 01/13/2004) |
| 01/13/2004 | 10 | ORDER by Judge Donald W. Molloy denying motion to continue arraignment from set for 1/14/04 to 1/16/04 or 1/28/04 [8-1], granting motion for attorney Kevin D. Evans to appear pro hac vice [6-1]; and Kenneth Kastner to appear pro hac vice (cc: all counsel) (MCN) Modified on 01/14/2004 (Entered: 01/14/2004) |
| 01/13/2004 | 12 | MOTION by defendant Rhodia Inc. for attorney KENNETH M. KASTNER to appear pro hac vice (crm) Modified on 01/14/2004 (Entered: 01/14/2004) |
| 01/13/2004 | 13 | APPLICATION FOR ADMISSION PRO HAC VICE of KENNETH M. KASTNER re [12-1] (crm) (Entered: 01/14/2004) |
| 01/13/2004 | 14 | AFFIDAVIT of KENNETH M. KASTNER for Pro Hac Vice Admission re [12-1] (crm) Modified on 01/14/2004 (Entered: 01/14/2004) |
| 01/13/2004 | ATTORNEY APPEARANCE as Local Counsel for defendant Rhodia Inc. by Gregory C. Black (crm) (Entered: 01/14/2004) | |
| 01/14/2004 | 15 | MINUTES: before Mag Judge Leif B. Erickson; AUSA Kris McLean, dft cnsl Kastner, Grmoljez, Laughner and Evans, and Phillip Curry, corporate representative for Rhodia Inc., present; corporate resolution designating Mr. Curry submitted; initial appearance of Rhodia Inc.; defendant waives Indictment; dft Rhodia Inc. arraigned on Information; Not Guilty plea entered; govt moves to amend Information by interlineation on face page description of Count II to change "unlawful treatment" to "unlawful storage"; dft concurs; amendment granted; parties to appear at 2:30 today before Judge Molloy for further proceedings C/R: Daina Hodges (KJH) (Entered: 01/14/2004) |
| 01/14/2004 | 16 | CORPORATE RESOLUTION (certified copy) by defendant Rhodia Inc. designating Phillip Curry as corporate representative during these proceedings (KJH) (Entered: 01/14/2004) |
| 01/14/2004 | 17 | WAIVER OF INDICTMENT by defendant Rhodia Inc. (KJH) (Entered: 01/14/2004) |
| 01/14/2004 | 18 | PLEA Agreement as to Rhodia Inc. (MCN) (Entered: 01/15/2004) |
| 01/14/2004 | 19 | MINUTES: CHANGE OF PLEA FOR RHODIA before Judge Donald W. Molloy change of plea hearing held on 1/14/04 , and to change plea as to Rhodia Inc. , and guilty plea entered by Rhodia Inc. C/R: Daina Hodges (MCN) (Entered: 01/15/2004) |
| 01/14/2004 | 20 | ORDER by Judge Donald W. Molloy ; sentencing hearing set for 10:00 4/29/04 in Missoula; psr in final form due no later than 3/29/04 for Rhodia Inc. (cc: all counsel) (MCN) (Entered: 01/15/2004) |
| 01/23/2004 | 21 | RETURN OF SERVICE of Summons UNEXECUTED by USMS. (ELL) (Entered: 01/23/2004) |
| 01/23/2004 | REMARK - Mailed document #21 to Clerk's Office in Missoula for placement in file. (ELL) (Entered: 01/23/2004) | |
| 02/05/2004 | 22 | TRANSCRIPT filed. Initial Appearance before Judge Erickson in Msla 1/14/04 at 1:30 pm. Original held separately in brown expando. (ELL) (Entered: 02/06/2004) |
| 02/05/2004 | 23 | TRANSCRIPT filed. Change of Plea Hearing held before Judge Molloy 1/14/04 at 2:33pm. Original held separately. (ELL) (Entered: 02/06/2004) |
| 02/06/2004 | REMARK - Mailed document #22 and 23 to Clerk's Office in Missoula with copy of front page for file. (ELL) (Entered: 02/06/2004) | |
| 02/13/2004 | 24 | ORDER by Judge Donald W. Molloy. The Ex Parte Petition of the United States for Disclosure of Document Submitted to the Grand Jury Pursuant to Subpoena is DENIED. (cc: all counsel) (ELL) (Entered: 02/17/2004) |
| 02/17/2004 | 25 | MOTION to continue response dates re Court's 12/8/ and 9/03 Orders by Rhodia Inc. (ELL) (Entered: 02/17/2004) |
| 02/17/2004 | Lodged PROPOSED Order submitted by defendant Rhodia Inc. RE Motion #24. (ELL) (Entered: 02/17/2004) | |
| 02/17/2004 | REMARK - Mailed document #24 and 25 with proposed Order & COPY to Clerk's Office in Missoula. (ELL) (Entered: 02/17/2004) | |
| 02/23/2004 | 26 | ORDER by Judge Donald W. Molloy granting motion to continue response dates re Court's 12/8/03 and 9/03/03 Orders [25-1]. IT IS HEREBY ORDERED that Rhodia's motion to continue the date by which it must file more complete privilege logs until april 30,2004, is GRANTED (cc: all counsel) (crm) (Entered: 02/24/2004) |
| 03/25/2004 | RECEIVED Transcript Designation and Ordering Form from USA for Change of Plea dated 1/14/04 and placed on left of file (Copy to Daina Hodges). (ELL) (Entered: 04/13/2004) | |
| 04/15/2004 | 27 | SENTENCING memorandum as to Rhodia Inc. (crm) (Entered: 04/16/2004) |
| 04/15/2004 | 28 | MOTION for evidentiary sentencing hearing , and to continue hearing date by Rhodia Inc., Red file to L/C Tyler(crm) Modified on 04/16/2004 (Entered: 04/16/2004) |
| 04/15/2004 | 29 | MOTION for leave to file under seal memsup re request for evidentiary sentencing hearing and to reschedule by Rhodia Inc. Red file to L/C Tyler (crm) (Entered: 04/16/2004) |
| 04/15/2004 | PROPOSED ORDER re[28-1], re[28-2], re[29-1] submitted by defendant Rhodia Inc., (crm) (Entered: 04/16/2004) | |
| 04/15/2004 | PROPOSED MEMORANDUM IN SUPPORT OR REQUEST OF RHODIA FOR EVIDENTIARY SENTENCING HEARING AND TO RESCHEDULE submitted by defendant Rhodia Inc. (crm) (Entered: 04/16/2004) | |
| 04/15/2004 | 30 | MOTION by defendant Rhodia Inc. for attorney TY COBB to appear pro hac vice Blue file to L/C Tyler (crm) (Entered: 04/16/2004) |
| 04/15/2004 | 31 | AFFIDAVIT/APPLICATION FOR ADMISSION PHV of TY COBB re [30-1] (crm) (Entered: 04/16/2004) |
| 04/15/2004 | PROPOSED ORDER re[30-1] submitted by defendant Rhodia Inc. (crm) (Entered: 04/16/2004) | |
| 04/15/2004 | REMARK ck for PHV mtn [30-1] retained in Butte Clerk's office (crm) (Entered: 04/16/2004) | |
| 04/20/2004 | 32 | MOTION to file under seal Rhodia Inc.'s obj to presentence report and sentencing memo per court's 1/14/04 order , and to file under seal Rhodia Inc.'s identification of witnesses it intends to call at sentencing and purpose and scope of testimony by Rhodia Inc. Blue file to L/C Tyler (crm) (Entered: 04/21/2004) |
| 04/20/2004 | PROPOSED ORDER re[32-1], re[32-2] submitted by defendant Rhodia Inc., (crm) (Entered: 04/21/2004) | |
| 04/20/2004 | PROPOSED RHODIA INC.'S OBJECTIONS TO PRESENTENCE REPORT, AND SENTENCING MEMORANDUM PER COURT'S JANUARY 14, 2004 ORDER (Orig, Duplicate Orig and Judge's cpy) submitted by defendant Rhodia Inc., (crm) Modified on 04/21/2004 (Entered: 04/21/2004) | |
| 04/20/2004 | PROPOSED RHODIA INC.'S IDENTIFICATION OF WITNESSES IT INTENDS TO CALL AT SENTENCING HEARING, AND PURPOSE AND SCOPE OF TESTIMONY (Orig & Judge's cpy) submitted by plaintiff USA, (crm) (Entered: 04/21/2004) | |
| 04/21/2004 | FILE DELIVERED to chambers for 4/29/04 sentencing (MCN) (Entered: 04/21/2004) | |
| 04/21/2004 | REMARK Motion #32 to Msla with all prop sealed documents (crm) (Entered: 04/21/2004) | |
| 04/22/2004 | 42 | RESPONSE by plaintiff USA to Dft Rhodia's Request for Evidentiary Hearing and Sentencing Memorandum. (ELL) (Entered: 05/05/2004) |
| 04/23/2004 | 33 | RESPONSE by defendant Rhodia Inc. to [27-1] (BAW) (Entered: 04/23/2004) |
| 04/23/2004 | 34 | ORDER by Judge Donald W. Molloy denying motion to file under seal Rhodia Inc.'s obj to presentence report and sentencing memo per court's 1/14/04 order [32-1], denying motion to file under seal Rhodia Inc.'s identification of witnesses it intends to call at sentencing and purpose and scope of testimony [32-2], denying motion for leave to file under seal memsup re request for evidentiary sentencing hearing and to reschedule [29-1], granting in part motion for evidentiary sentencing hearing [28-1], denying motion to continue hearing date [28-2] (cc: all counsel) (BAW) (Entered: 04/23/2004) |
| 04/23/2004 | 35 | ORDER by Judge Donald W. Molloy granting motion for attorney TY COBB to appear pro hac vice [30-1] (cc: all counsel) (crm) (Entered: 04/26/2004) |
| 04/26/2004 | FILING FEE PAID: on 4/26/04 in the amount of $ 100.00, receipt # 03022. PHV for atty TY COBB (crm) (Entered: 04/26/2004) | |
| 04/27/2004 | 36 | PROOF/NOTICE OF SERVICE by defendant Rhodia Inc. of mem in support of request for evidentiary hearing (BAW) (Entered: 04/27/2004) |
| 04/29/2004 | 37 | NOTICE of Officer's Certificate authorizing Jerry Kring to represent the Corporation by defendant Rhodia Inc. (BAW) (Entered: 04/29/2004) |
| 04/29/2004 | 38 | OBJECTIONS by defendant to PSR and sentencing memorandum per court's 1/14/04 order with attached exhibit 1 (sealed), exhibit 2 and exhibit 3 (BAW) (Entered: 04/29/2004) |
| 04/29/2004 | 39 | MINUTES: before Judge Donald W. Molloy sentencing hearing held on 4/29/04 , Kris Mclean for USA; Kevin Evans for defendant; Jerry Kring-corporate rep; corporate authorization handed to the Court and filed; plea bargain accepted; demonstrative exhibits 500-506 inclusive to be part of the record; counsel address the court; sentencing Rhodia Inc. (1) count(s) 1, 2 . Defendant placed on probation for 5 years, no crimes, no EPA violations, comply with standards, spec. conditions: restitution in the amount of $1.8 due immediately paid to Clerk in Butte, notify USPO within 30 days of any address change, authorized person to deal with EPA, quarterly report to USPO as to company's progress with remedies, public disclosure re: remedies approval by USPO-2 times a year, require 1000 hours community service as determined by USPO, fine of $16.2-pay to Clerk in Butte, special assessment of $400 on each count for a total of $800; money will be wired , right to appeal advised; terminating party Rhodia Inc., party USA , case terminated C/R: Daina Hodges (BAW) (Entered: 04/29/2004) |
| 04/29/2004 | 40 | MOTION to vacate 2/23/04 Order by Rhodia Inc. (ELL) (Entered: 05/03/2004) |
| 04/29/2004 | Lodged PROPOSED Order submitted by defendant Rhodia Inc. RE Motion #40. (ELL) (Entered: 05/03/2004) | |
| 05/03/2004 | REMARK - Mailed document #40 with copy and proposed Orders w/envl to Clerk's Office in Missoula for Review by Judge Molloy. (ELL) (Entered: 05/03/2004) | |
| 05/03/2004 | 41 | JUDGMENT AND COMMITMENT filed and entered in Judg Book VOL #3, PG #16; cert cpys to AUSA/McLEAN, EVANS, USM & USPO as to Rhodia Inc. regarding [39-1], regarding [39-2], regarding [39-3], regarding [39-4], regarding [39-5] by Judge Donald W. Molloy (cc: all counsel) (crm) (Entered: 05/04/2004) |
| 05/05/2004 | RECEIVED - Transcript Designation and Ordering Form from Aty Grmoljez re sentencing hearing 4/29/04 in Missoula. Court Reporter Daina Hodges (Copy sent to Daina Hodges and copy placed on left of file. (ELL) (Entered: 05/05/2004) | |
| 05/06/2004 | 43 | ORDER by Judge Donald W. Molloy granting motion to vacate 2/23/04 Order [40-1] (cc: all counsel) (crm) (Entered: 05/07/2004) |
| 05/06/2004 | RECEIVED - Transcript Designation and Ordering Form and placed on left of file. Copy to Daina Hodges. (ELL) (Entered: 05/10/2004) | |
| 05/11/2004 | 44 | SATISFACTION OF JUDGMENT re [41-1] as to defendant Rhodia Inc. (crm) (Entered: 05/13/2004) |
| 07/12/2004 | 45 | APPEAL Transcript Filed as to defendant Rhodia Inc. for the dates of: 04/29/04 (crm) (Entered: 07/14/2004) |
| 04/27/2009 | 46 | Report of Offender Under Supervision as to Rhodia Inc.. Signed by Judge Donald W. Molloy on 4/27/2009. (ELL, ) (Entered: 04/27/2009) |
| 10/20/2009 | ARCHIVE CASE INFORMATION FROM FRC DENVER, CO, 1 of 1 volume and 3 Transcripts, 8 of 12 Box Number, 021 09 4521 FRC Accession Number as to Rhodia Inc. (CRM, ) (Entered: 10/20/2009) |