ARCHIVE, TERMED

U.S. District Court
District Of Montana (Butte)
CRIMINAL DOCKET FOR CASE #: 2:03-cr-00029-DWM-1


Case title: USA v. Rhodia Inc.

Date Filed: 12/19/2003
Date Terminated: 04/29/2004

Assigned to: Judge Donald W. Molloy

Defendant (1)
Rhodia Inc.
TERMINATED: 04/29/2004
represented byAimee 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
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)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA
TERMINATED: 04/29/2004
represented byKris 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
12/19/2003INFORMATION 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)
01/06/2004MOTION to continue plea hearing to 1/28/04 by Rhodia Inc. Blue file to L/C Tyler (crm) (Entered: 01/06/2004)
01/06/2004MOTION 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)
01/06/2004ORDER 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)
01/06/200411 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)
01/07/2004MOTION reschedule arraignment set for 1/7/04 by Rhodia Inc. Blue file to L/C Tyler (crm) (Entered: 01/07/2004)
01/08/2004MOTION for attorney Kevin D. Evans to appear pro hac vice by Rhodia Inc. (ELL) (Entered: 01/08/2004)
01/08/2004AFFIDAVIT 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)
01/08/2004MOTION 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)
01/13/2004OFFER OF PROOF by plaintiff USA (MCN) (Entered: 01/13/2004)
01/13/200410 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)
01/13/200412 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)
01/13/200413 APPLICATION FOR ADMISSION PRO HAC VICE of KENNETH M. KASTNER re [12-1] (crm) (Entered: 01/14/2004)
01/13/200414 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)
01/14/200415 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)
01/14/200416 CORPORATE RESOLUTION (certified copy) by defendant Rhodia Inc. designating Phillip Curry as corporate representative during these proceedings (KJH) (Entered: 01/14/2004)
01/14/200417 WAIVER OF INDICTMENT by defendant Rhodia Inc. (KJH) (Entered: 01/14/2004)
01/14/200418 PLEA Agreement as to Rhodia Inc. (MCN) (Entered: 01/15/2004)
01/14/200419 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)
01/14/200420 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)
01/23/200421 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)
02/05/200422 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)
02/05/200423 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)
02/13/200424 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)
02/17/200425 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)
02/23/200426 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)
04/15/200427 SENTENCING memorandum as to Rhodia Inc. (crm) (Entered: 04/16/2004)
04/15/200428 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)
04/15/200429 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)
04/15/200430 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)
04/15/200431 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)
04/20/200432 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)
04/22/200442 RESPONSE by plaintiff USA to Dft Rhodia's Request for Evidentiary Hearing and Sentencing Memorandum. (ELL) (Entered: 05/05/2004)
04/23/200433 RESPONSE by defendant Rhodia Inc. to [27-1] (BAW) (Entered: 04/23/2004)
04/23/200434 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)
04/23/200435 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)
04/27/200436 PROOF/NOTICE OF SERVICE by defendant Rhodia Inc. of mem in support of request for evidentiary hearing (BAW) (Entered: 04/27/2004)
04/29/200437 NOTICE of Officer's Certificate authorizing Jerry Kring to represent the Corporation by defendant Rhodia Inc. (BAW) (Entered: 04/29/2004)
04/29/200438 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)
04/29/200439 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)
04/29/200440 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)
05/03/200441 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)
05/06/200443 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)
05/11/200444 SATISFACTION OF JUDGMENT re [41-1] as to defendant Rhodia Inc. (crm) (Entered: 05/13/2004)
07/12/200445 APPEAL Transcript Filed as to defendant Rhodia Inc. for the dates of: 04/29/04 (crm) (Entered: 07/14/2004)
04/27/200946Report 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)