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 byA. 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 byEduardo 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
05/15/20001INFORMATION 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)
05/15/20002WAIVER OF INDICTMENT by Southbay Utilities. (sak) (Entered: 05/17/2000)
05/15/20003PLEA AGREEMENT as to Southbay Utilities. (sak) (Entered: 05/17/2000)
05/16/2000MOTION by USA to consolidate with case 8:00-cr-148-T-26F for judicial economy as to Southbay Utilities. (sak) (Entered: 05/17/2000)
05/18/20005NOTICE of attorney appearance for Southbay Utilities by A. Brian Albritton. (sak) (Entered: 05/19/2000)
05/23/20006ORDER 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)
05/26/20007NOTICE 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)
06/07/20008INITIAL 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)
06/07/2000BOND 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)
06/07/20009CHANGE 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)
06/07/200010NOTICE 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)
06/07/200011REPORT 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)
06/30/200012ACCEPTANCE 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)
11/21/200013SENTENCING 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)
11/21/200014JUDGMENT as to Southbay Utilities ( Signed by Judge Steven D. Merryday ) ctc (rjc) (Entered: 11/24/2000)
11/30/200015AMENDED 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)