USA v. Southbay Utilities

CLOSED, TBM

U.S. District Court
Middle District of Florida (Tampa)
CRIMINAL DOCKET FOR CASE #: 8:00-cr-00147-SDM-1

Case title: USA v. Southbay Utilities

Date Filed: 05/15/2000
Date Terminated: 11/21/2000

Assigned to: Judge Steven D. Merryday
Defendant (1)
Southbay Utilities, Inc. TERMINATED: 11/21/2000	represented by	A. Brian Albritton Phelps Dunbar, LLP Suite 1900 100 S Ashley Dr Tampa, FL 33602-5311 813-472-7557 Fax: 813/472-7570 Email: brian.albritton@phelps.com TERMINATED: 11/21/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained
Pending Counts		Disposition
33:1311A.F POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE (1)		$315,500 fine, $979,500 restitution, $400 assessment, Must publish written apology in the Sarasota Herald Tribune. Full page add and send a memorandum to all employees explaining how this matter has been resolved.
Highest Offense Level (Opening)
Felony
Terminated Counts		Disposition
None
Highest Offense Level (Terminated)
None
Complaints		Disposition
None

Plaintiff
United States of America	represented by	Eduardo E. Toro-Font U.S. Attorney's Office Middle District of Florida 400 N. Tampa Street, Suite 3200 Tampa, FL 33602 813/274-6311 Fax: 813/274-6178 Email: eduardo.toro-font@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed	#	Docket Text
05/15/2000	1	INFORMATION as to Southbay Utilities (1) count(s) 1. (sak) (Entered: 05/17/2000)
05/15/2000		MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Thomas B. McCoun, III. (sak) (Entered: 05/17/2000)
05/15/2000	2	WAIVER OF INDICTMENT by Southbay Utilities. (sak) (Entered: 05/17/2000)
05/15/2000	3	PLEA AGREEMENT as to Southbay Utilities. (sak) (Entered: 05/17/2000)
05/16/2000	4	MOTION by USA to consolidate with case 8:00-cr-148-T-26F for judicial economy as to Southbay Utilities. (sak) (Entered: 05/17/2000)
05/18/2000	5	NOTICE of attorney appearance for Southbay Utilities by A. Brian Albritton. (sak) (Entered: 05/19/2000)
05/23/2000	6	ORDER granting [4-1] motion to consolidate with case 8:00-cr-148-T-26F for judicial economy as to Southbay Utilities (1); case number 8:00-cr-148-T-23F shall be reassigned from Magistrate Judge Scriven to Magistrate Judge McCoun. ( Signed by Judge Steven D. Merryday ) ctc (eec) (Entered: 05/25/2000)
05/26/2000	7	NOTICE OF HEARING: setting initial appearance for 10:00 6/7/00 for Southbay Utilities scheduled for Mag.Judge Thomas B. McCoun III and setting change of plea hearing for 10:00 6/7/00 for Southbay Utilities scheduled for Mag.Judge Thomas B. McCoun III ( Signed by Mag.Judge Thomas B. McCoun III ) ctc (sak) (Entered: 05/30/2000)
06/07/2000	8	INITIAL APPEARANCE held on 6/07/00 before Mag.Judge Thomas B. McCoun III as to Southbay Utilities with Diana Paver present as Agent for company. Court Reporter: Bernadette Williams, Montana Reporting. Tape: 96:548 to 3606 Defendant(s) informed of rights. (sak) (Entered: 06/08/2000)
06/07/2000	8	BOND HEARING held on 6/07/00 before Mag.Judge Thomas B. McCoun III as to Southbay Utilities. Court orders bond set at released on own recognizance. Court Reporter: Bernadette Williams, Montana Reporting. Tape: 96:548 to 3606 (sak) (Entered: 06/08/2000)
06/07/2000		ENDORSED ORDER approving [2-1] waiver of indictment as to Southbay Utilities (1). ( Signed by Mag.Judge Thomas B. McCoun III ) ctc (sak) (Entered: 06/08/2000)
06/07/2000	9	CHANGE OF PLEA HEARING held on 6/07/00 before Mag.Judge Thomas B. McCoun III, guilty plea proffered as to Southbay Utilities (1) count(s) 1 and court orders PSI report . Corporate resolution filed in open Court by counsel. Diana Paver acting as authorized agent for Southbay Utilities. Court Reporter: Bernadette Williams, Montana Reporting. Tape 96:548 to 3606. (sak) (Entered: 06/08/2000)
06/07/2000	10	NOTICE regarding plea of guilty furnished to Counsel as to Southbay Utilities. Signed by Diana Paver as authorized Agent for Southbay Utilities. (sak) (Entered: 06/08/2000)
06/07/2000	11	REPORT AND RECOMMENDATION concerning plea of guilty as to Southbay Utilities. Objections due by 6/26/00 for Southbay Utilities. ( Signed by Mag.Judge Thomas B. McCoun III ) ctc (sak) (Entered: 06/08/2000)
06/30/2000	12	ACCEPTANCE OF PLEA of guilty and adjudication of guilt as to Southbay Utilities re: Southbay Utilities (1) count(s) 1 Sentencing set for 8:30 11/20/00 for Southbay Utilities Scheduled for Judge Steven D. Merryday ( Signed by Judge Steven D. Merryday ) ctc (sak) (Entered: 07/03/2000)
11/21/2000	13	SENTENCING held on 11/20/00 before Judge Steven D. Merryday, as to Southbay Utilities (1) count(s) 1. $315,500 fine, $979,500 restitution, $400 assessment, Must publish written apology in the Sarasota Herald Tribune. Full page add and send a memorandum to all employees explaining how this matter has been resolved. Court Reporter: Carol Jacobs (rjc) (Entered: 11/24/2000)
11/21/2000	14	JUDGMENT as to Southbay Utilities ( Signed by Judge Steven D. Merryday ) ctc (rjc) (Entered: 11/24/2000)
11/30/2000	15	AMENDED JUDGMENT: as to Southbay Utilities Southbay Utilities (1) count 1. $315,500 fine, $979,500 restitution, $400 assessment, Must publish written apology in the Sarasota Herald Tribune. Full page add and send a memorandum to all employees explaining how this matter has been resolved. Amended to change nature of offense to knowingly discharging pollutants into water of the United States. ( Signed by Judge Steven D. Merryday ) ctc (jnb) (Entered: 12/01/2000)