APPEAL,CLOSED

U.S. District Court
District of Rhode Island (Providence)
CRIMINAL DOCKET FOR CASE #: 1:07-cr-00134-S-DLM-1


Case title: USA v. Southern Union Company
Date Filed: 10/16/2007
Date Terminated: 10/07/2009
Assigned to: Judge William E Smith
Referred to: Magistrate Judge David L. Martin
Appeals court case number: '09-2403' '1st Circuit'

Defendant (1)
Southern Union Company
TERMINATED: 10/07/2009 		represented byAlexandra K. Callam
Hinckley, Allen & Snyder LLP
50 Kennedy Plaza
Suite 1500
Providence, RI 02903
274-2000
Fax: 277-9600
Email: acallam@haslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Gerald J. Petros
Hinckley, Allen & Snyder
50 Kennedy Plaza
Suite 1500
Providence, RI 02903
274-2000
Fax: 277-9600
Email: gpetros@haslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

John A. Tarantino
Adler Pollock & Sheehan P.C.
One Citizens Plaza
8th Floor
Providence, RI 02903
274-7200
Fax: 351-4607
Email: jtarantino@apslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Patricia K. Rocha
Adler Pollock & Sheehan P.C.
One Citizens Plaza
8th Floor
Providence, RI 02903
274-7200
Fax: 351-4607
Email: procha@apslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Daniel J Fetterman
Kasowitz, Benson, Torres & Friedman, LLP
1633 Broadway
New York, NY 10019
212-506-1700
Fax: 212-506-1800
ATTORNEY TO BE NOTICED

Pending Counts
Disposition
42:6928(d)(2)(A) - STORING A HAZARDOUS WASTE WITHOUT PERMIT - WASTE LIQUID MERCURY
(1)		 Court imposes a term of 2 years probation as to Count 1 with special conditions. Special Assessment $400.00. Fine imposed in the amount of six million dollars ($6,000,000). Community Service obligation in the amount of twelve million dollars ($12,000,000) interest waived on the community service.
42:11045(b)(4) and 18:2 - FAILURE TO NOTIFY EMERGENCY RESPONSE OFFICIAL OF A RELEASE OF HAZARDOUS MATERIALS - TOXIC MERCURY
(2)
42:6928(d)(2)(A) - STORING A HAZARDOUS WASTE WITHOUT PERMIT - MERCURY-CONTAINING GAS REGULATORS
(3)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

Interested Party
Marc Viera
TERMINATED: 10/07/2009 		represented byCharles A. Tamuleviz
DarrowEverett, LLP
1 Turks Head Place
Suite 1200
Providence, RI 02903
453-1200
Fax: 453-1201
Email: ctamuleviz@darroweverett.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
USA represented byDianne Chabot
U.S.E.P.A.
One Congress Street
Suite 1100, SAA
Boston, MA 02114-2023
617-918-1868
Fax: 617-918-0868
Email: chabot.dianne@epa.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kevin Cassidy
Department of Justice
601 D Street, NW
Washington, DC 20530
202-305-0333
Email: kevin.cassidy@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Terrence P. Donnelly
U.S. Attorney's Office
Fleet Center
50 Kennedy Plaza
8th Floor
Providence, RI 02903
709-5000
Fax: 709-5001
Email: terrence.donnelly@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/16/20071 INDICTMENT as to Southern Union Company (1) count(s) 1, 2, 3. (Attachments: # 1 Criminal Cover Sheet) (Noel, Jeannine) (Entered: 10/16/2007)
10/16/2007  CASE CONDITIONALLY ASSIGNED to Senior Judge Ernest C. Torres. Related Case Number CA06-45T based upon the indication on the cover sheet that a related case previously was assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (Noel, Jeannine) (Entered: 10/16/2007)
10/16/20072 NOTICE OF ATTORNEY APPEARANCE: Gerald J. Petros appearing for Southern Union Company (Petros, Gerald) (Entered: 10/16/2007)
10/16/20073 NOTICE OF ATTORNEY APPEARANCE: John A. Tarantino appearing for Southern Union Company (Tarantino, John) (Entered: 10/16/2007)
10/16/20074 NOTICE OF ATTORNEY APPEARANCE: Patricia K. Rocha appearing for Southern Union Company (Rocha, Patricia) (Entered: 10/16/2007)
10/17/2007  NOTICE OF HEARING as to Southern Union Company Arraignment set for 10/26/2007 10:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond.(Noel, Jeannine) (Entered: 10/17/2007)
10/17/2007  NOTICE OF HEARING as to Southern Union Company: In Chambers Conference set for 10/25/2007 at 10:00 AM in Chambers 214 before Judge Ernest C. Torres.(Jackson, Ryan) (Entered: 10/17/2007)
10/22/2007  NOTICE RESCHEDULING HEARING as to Southern Union Company Arraignment RESCHEDULED for 10/29/2007 11:30 AM in Courtroom A before Magistrate Judge Lincoln D. Almond. MOVED FROM 10/26.(Noel, Jeannine) (Entered: 10/22/2007)
10/22/2007  NOTICE OF HEARING DEFENDANT REQUEST as to Southern Union Company Arraignment RESCHEDULED for 10/29/2007 11:30 AM in Courtroom A before Magistrate Judge Lincoln D. Almond. MOVED FROM 10/26.(Noel, Jeannine) (Entered: 10/22/2007)
10/25/2007  Minute Entry for proceedings held before Judge Ernest C. Torres :In Chambers Conference as to Southern Union Company held on 10/25/2007; all counsel of record present. (Jackson, Ryan) (Entered: 10/25/2007)
10/26/20075 Process Receipt and Return Executed by United States Marshal on 10/19/07 (Jackson, Ryan) (Entered: 10/26/2007)
10/26/20076 Summons Returned Executed on 10/19/07 as to Southern Union Company (Jackson, Ryan) (Entered: 10/26/2007)
10/29/2007  Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond :Arraignment as to Southern Union Company (1) Count 1,2,3 held on 10/29/2007 (Donnelly, Tarantino, Petros) PTS Bradley; Secretary's Certificate presented to the Court; Certificate accepted; Attorneys Tarantino and Petros allowed to enter plea on behalf of company; No company representative is present; Court reads charges; Atty Tarantino enters not guilty plea on behalf of company; Company was informed of charges by attorneys; Arraignment order entered; Govt requests that a company representative be present for future hearings; Court grants request; Attys for Deft understands(Courtroom B at 11:33 a.m.) (Noel, Jeannine) (Entered: 10/29/2007)
10/29/20077 SECRETARY'S CERTIFICATE as to Southern Union Company accepted by MJ Almond (Noel, Jeannine) (Entered: 10/29/2007)
10/29/20078 ARRAIGNMENT ORDER as to Southern Union Company Motions due by 12/10/2007. Responses due by 12/20/2007 Jury Trial set for 12/21/2007 10:00 AM in Courtroom 3 before Judge Ernest C. Torres. Pretrial Conference set for 12/10/2007 09:30 AM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond. So Ordered by Magistrate Judge Lincoln D. Almond on 10/29/07. (Noel, Jeannine) (Entered: 10/29/2007)
11/05/2007  Case as to Southern Union Company Permanently Assigned to Judge Ernest C. Torres and Lincoln D. Almond. (Jackson, Ryan) (Entered: 11/05/2007)
11/07/20079 TRANSCRIPT REQUEST for proceedings held on October 25, 2007 before Judge Torres. (Petros, Gerald) (Entered: 11/07/2007)
11/13/200710  MOTION to Extend Time to File Motion Seeking Bill of Particulars WITH SUPPORTING MEMO by Southern Union Company. (Tarantino, John) (Entered: 11/13/2007)
11/16/200711 TRANSCRIPT of Proceedings as to Southern Union Company held on 10/25/07 before Judge Ernest C. Torres. Court Reporter: Debra D. Lajoie. (Smith, Rana) (Entered: 11/21/2007)
11/27/2007  Motions Forwarded to Chambers: 10 MOTION to Extend Time to File Motion Seeking Bill of Particulars (Jackson, Ryan) (Entered: 11/27/2007)
11/29/2007  MOTIONS as to Southern Union Company REFERRED; 10 MOTION to Extend Time to File Motion Seeking Bill of Particulars referred to Magistrate Judge Lincoln D. Almond for determination. (Jackson, Ryan) (Entered: 11/29/2007)
11/29/200712  MOTION to Extend Time for Dates Set in Arraignment and Pretrial Discovery Order WITH SUPPORTING MEMO by Southern Union Company. (Tarantino, John) (Entered: 11/29/2007)
11/29/2007  TEXT ORDER granting absent objection 10 Motion to Extend Time within which to file motion seeking bill of particulars as to Southern Union Company (1). So Ordered by Magistrate Judge Lincoln D. Almond on 11/29/07.(Noel, Jeannine) (Entered: 11/29/2007)
12/03/2007  NOTICE OF CANCELLATION OF PRETRIAL CONFERENCE as to Southern Union Company. Pretrial conference scheduled for 12/10/07 is CANCELLED.(Noel, Jeannine) (Entered: 12/03/2007)
12/04/200713 RESPONSE in Opposition by USA as to Southern Union Company Motion to Extend Time (Donnelly, Terrence) (Entered: 12/04/2007)
12/06/200714 REPLY TO RESPONSE to Motion by Southern Union Company re 12 MOTION to Extend Time for Dates Set in Arraignment and Pretrial Discovery Order (Tarantino, John) (Entered: 12/06/2007)
12/06/2007  Motions Forwarded to Chambers: 12 MOTION to Extend Time for Dates Set in Arraignment and Pretrial Discovery Order (Jackson, Ryan) (Entered: 12/06/2007)
12/10/200715  MOTION for Bill of Particulars WITH SUPPORTING MEMO by Southern Union Company. (Tarantino, John) (Entered: 12/10/2007)
12/20/2007  NOTICE OF HEARING as to Southern Union Company Pretrial Conference set for 1/2/2008 02:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond.(Noel, Jeannine) (Entered: 12/20/2007)
12/20/2007  NOTICE OF HEARING ON MOTION in case as to Southern Union Company 12 MOTION to Extend Time for Dates Set in Arraignment and Pretrial Discovery Order : Motion Hearing set for 1/11/2008 at 9:30 AM in Courtroom 3 before Judge Ernest C. Torres.(Jackson, Ryan) (Entered: 12/20/2007)
12/21/200716 RESPONSE in Opposition by USA as to Southern Union Company 15 Motion for a Bill of Particulars (Donnelly, Terrence) Modified on 12/24/2007-Created document linkage (Smith, Rana). (Entered: 12/21/2007)
12/28/200717 REPLY TO RESPONSE to Motion by Southern Union Company re 15 MOTION for Bill of Particulars (Tarantino, John) (Entered: 12/28/2007)
01/02/2008  Motions Forwarded to Chambers: 15 MOTION for Bill of Particulars (Jackson, Ryan) (Entered: 01/02/2008)
01/02/2008  Reset Hearings as to Southern Union Company re Notice of Hearing on Motion, 12 MOTION to Extend Time for Dates Set in Arraignment and Pretrial Discovery Order filed by Southern Union Company : Motion Hearing re-scheduled for 1/17/2008 at 9:30 AM in Courtroom 3 before Judge Ernest C. Torres. (Jackson, Ryan) (Entered: 01/02/2008)
01/03/2008  MOTIONS as to Southern Union Company REFERRED to Magistrate Judge Lincoln D. Almond for determination: 15 MOTION for Bill of Particulars (Jackson, Ryan) (Entered: 01/03/2008)
01/04/2008  NOTICE OF HEARING ON MOTION in case as to Southern Union Company 15 MOTION for Bill of Particulars : Motion Hearing set for 1/11/2008 10:00 AM in Courtroom B before Magistrate Judge Lincoln D. Almond.(Noel, Jeannine) (Entered: 01/04/2008)
01/11/2008  Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond :Motion Hearing as to Southern Union Company held on 1/11/2008 re 15 MOTION for Bill of Particulars filed by Southern Union Company (Donnelly, Chabot, Petros, Tarantino, Rocha) Argument; defendant's exhibit A marked; Court takes under advisement; Order to follow(Courtroom B at 10:02 a.m..) (Noel, Jeannine) (Entered: 01/11/2008)
01/11/200818 EXHIBIT LIST (Noel, Jeannine) (Entered: 01/11/2008)
01/11/200819 MEMORANDUM AND ORDER denying 15 Motion for Bill of Particulars as to Southern Union Company (1). So Ordered by Magistrate Judge Lincoln D. Almond on 1/11/08.(Noel, Jeannine) (Entered: 01/11/2008)
01/17/200820 TRANSCRIPT REQUEST for proceedings held on 1/17/2008 before Judge Torres. (Tarantino, John) (Entered: 01/17/2008)
01/17/2008  Minute Entry for proceedings held before Judge Ernest C. Torres :Motion Hearing as to Southern Union Company held on 1/17/2008 re 12 MOTION to Extend Time for Dates Set in Arraignment and Pretrial Discovery Order filed by Southern Union Company. Terrence Donnelly and Dianne Chabot for Government. John Tarantino, Gerald Petros and Patricia Rocha for Defendant. Court addresses. Arguments heard on Defendant's Motion. Court GRANTS motion to extend the discovery closure date to 3/17/08; GRANTS extention of time to file motions until 4/8/08 or whatever time the defendants have the information that would be the basis for filing such motion, whichever of these times comes first in order to prevent the Government from being flooded with all of Defendant's Motions on 4/8/08. Government's responses are due one week following the standard ten day pretrial motion response due date. (Court Reporter Debra Lajoie in Courtroom 3 at 9:26 AM.) (Smith, Rana) (Entered: 01/17/2008)
01/22/200821 TRANSCRIPT of Proceedings as to Southern Union Company held on 1/17/08 re: 12 Motion to Enlarge Dates Set in the Arraignment and Pretrial Discovery Order before Judge Ernest C. Torres. Court Reporter: Debra Lajoie. (Smith, Rana) (Entered: 01/24/2008)
01/29/200822 WRITTEN ORDER as to Southern Union Company GRANTING re 12 MOTION to Extend Time for Dates Set in Arraignment and Pretrial Discovery Order. Follows oral order of 1/17/08. So Ordered by Judge Ernest C. Torres on 1/29/08. (Smith, Rana) (Entered: 01/29/2008)
02/26/200823  MOTION to Compel the Government to Produce Unredacted Documents With Supporting Memo by Southern Union Company. (Attachments: # 1 Exhibit Copy of redacted/blacked-out pages)(Tarantino, John) (Entered: 02/26/2008)
02/26/200824  MOTION to Compel the Government to Disclose the Identity of Persons Whom the Government Alleges Are or Were Southern Union Company's Agents With Supporting Memo by Southern Union Company. (Tarantino, John) (Entered: 02/26/2008)
02/26/200825  MOTION for Disclosure and Production of Charts, Summaries, Calculations and Underlying Materials With Supporting Memo by Southern Union Company. (Tarantino, John) (Entered: 02/26/2008)
02/26/200826  MOTION to Compel Disclosure of Other Crimes, Wrongs or Acts Under Fed.R.Evid. 404(b) With Supporting Memo by Southern Union Company. (Tarantino, John) (Entered: 02/26/2008)
03/04/200827  MOTION to Compel Production of Investigative Activity Report (IAR) of Robert Steere by Southern Union Company. (Tarantino, John) (Entered: 03/04/2008)
03/11/200828  MOTION for Daniel J. Fetterman to Appear Pro Hac Vice by Southern Union Company. (Tarantino, John) (Entered: 03/11/2008)
03/12/200829 RESPONSE to Motion by USA as to Southern Union Company re 24 MOTION to Compel the Government to Disclose the Identity of Persons Whom the Government Alleges Are or Were Southern Union Company's Agents (Donnelly, Terrence) (Entered: 03/12/2008)
03/14/2008  NOTICE OF HEARING as to Southern Union Company: Telephone Conference set for 3/20/2008 at 9:30 AM in Chambers 214 before Judge Ernest C. Torres; this office will initiate the conference call; all counsel should provide contact numbers to the clerk if different than the listed phone numbers on the docket.(Jackson, Ryan) (Entered: 03/14/2008)
03/14/2008  Reset Hearings as to Southern Union Company re Notice of Hearing: In Chambers Conference set for 3/20/2008 at 9:30 AM in Chambers 214 before Judge Ernest C. Torres; previously scheduled as a teleconference, this conference will now be held in chambers. (Jackson, Ryan) (Entered: 03/14/2008)
03/14/200830 RESPONSE in Opposition by USA as to Southern Union Company 23 Motion to Compel the Government to Produce Unredacted Documents (Donnelly, Terrence) (Entered: 03/14/2008)
03/17/200831 RESPONSE to Motion by USA as to Southern Union Company re 26 MOTION to Compel Disclosure of Other Crimes, Wrongs or Acts Under Fed.R.Evid. 404(b) (Donnelly, Terrence) (Entered: 03/17/2008)
03/19/200832 RESPONSE to Motion by USA as to Southern Union Company re 25 MOTION for Disclosure and Production of Charts, Summaries, Calculations and Underlying Materials (Donnelly, Terrence) (Entered: 03/19/2008)
03/20/2008  MOTIONS as to Southern Union Company REFERRED to Magistrate Judge Lincoln D. Almond. 23 MOTION to Compel the Government to Produce Unredacted Documents, 26 MOTION to Compel Disclosure of Other Crimes, Wrongs or Acts Under Fed.R.Evid. 404(b), 24 MOTION to Compel the Government to Disclose the Identity of Persons Whom the Government Alleges Are or Were Southern Union Company's Agents referred to Magistrate Judge Almond for determination. (Jackson, Ryan) (Entered: 03/20/2008)
03/20/2008  MOTIONS as to Southern Union Company REFERRED to Judge Magistrate Judge Lincoln D. Almond. 25 MOTION for Disclosure and Production of Charts, Summaries, Calculations and Underlying Materials referred to Magistrate Judge Lincoln D. Almond for determination. (Jackson, Ryan) (Entered: 03/20/2008)
03/20/2008  Minute Entry for proceedings held before Judge Ernest C. Torres :In Chambers Conference as to Southern Union Company held on 3/20/2008; all counsel of record present (Jackson, Ryan) (Entered: 03/20/2008)
03/20/200833  MOTION in Limine to Preclude Reference at Trial to Other Lawsuits WITH SUPPORTING MEMO by Southern Union Company. (Tarantino, John) (Entered: 03/20/2008)
03/20/200834  MOTION in Limine to Exclude Evidence at Trial of the Discovery of Mercury and Remediation and Evacuation at the Lawn Terrace Apartment Complex WITH SUPPORTING MEMO by Southern Union Company. (Tarantino, John) (Entered: 03/20/2008)
03/20/200835  MOTION in Limine to Exclude Evidence at Trial About the Physical Conditions of and Lack of Security at the Tidewater Site WITH SUPPORTING MEMO by Southern Union Company. (Tarantino, John) (Entered: 03/20/2008)
03/20/200836  MOTION to Strike Surplusage From The Indictment WITH SUPPORTING MEMO by Southern Union Company. (Tarantino, John) (Entered: 03/20/2008)
03/20/200837 ORDER OF RECUSAL in case as to Southern Union Company Judge Ernest C. Torres recused. Case reassigned to Judge William E. Smith for all further proceedings. So Ordered by Judge Ernest C. Torres on 3/20/08. (Jackson, Ryan) (Entered: 03/20/2008)
03/20/200838 RESPONSE to Motion by USA as to Southern Union Company re 27 MOTION to Compel Production of Investigative Activity Report (IAR) of Robert Steere (Donnelly, Terrence) (Entered: 03/20/2008)
03/21/2008  MOTIONS as to Southern Union Company REFERRED to Judge Magistrate Judge Almond. 27 MOTION to Compel Production of Investigative Activity Report (IAR) of Robert Steere Motions referred to Lincoln D. Almond for determination. (Baldinelli, Doreen) (Entered: 03/21/2008)
03/21/200839 TRANSCRIPT REQUEST for proceedings held on March 20, 2008 before Judge Torres. (Tarantino, John) (Entered: 03/21/2008)
03/24/2008  NOTICE OF HEARING as to Southern Union Company Status Conference set for 4/25/2008 at 3:30 PM in Judge Smith Chambers before Judge William E Smith.(Baldinelli, Doreen) (Entered: 03/24/2008)
03/24/200840 ORDER granting 28 Motion to Appear Pro Hac Vice of Daniel J Fetterman as to Southern Union Company (1). So Ordered by Judge William E Smith on 3/21/2008.(Baldinelli, Doreen) (Entered: 03/24/2008)
03/24/200841 ORDER OF RECUSAL in case as to Southern Union Company Magistrate Judge Lincoln D. Almond recused. Case reassigned to Magistrate Judge David L. Martin for referrals. So Ordered by Magistrate Judge Lincoln D. Almond on 3/24/08. (Noel, Jeannine) (Entered: 03/24/2008)
03/25/2008  NOTICE OF HEARING ON MOTIONS in case as to Southern Union Company 23 MOTION to Compel the Government to Produce Unredacted Documents, 27 MOTION to Compel Production of Investigative Activity Report (IAR) of Robert Steere, 24 MOTION to Compel the Government to Disclose the Identity of Persons Whom the Government Alleges Are or Were Southern Union Company's Agents, 25 MOTION for Disclosure and Production of Charts, Summaries, Calculations and Underlying Materials, 26 MOTION to Compel Disclosure of Other Crimes, Wrongs or Acts Under Fed.R.Evid. 404(b) : Motion Hearing set for 4/8/2008 10:00 AM in Courtroom B before Magistrate Judge David L. Martin.(Saucier, Martha) (Entered: 03/25/2008)
03/26/2008  Motions No Longer Referred to Magistrate Judge Almond as to Southern Union Company: 27 MOTION to Compel Production of Investigative Activity Report (IAR) of Robert Steere, 25 MOTION for Disclosure and Production of Charts, Summaries, Calculations and Underlying Materials, 23 MOTION to Compel the Government to Produce Unredacted Documents, 26 MOTION to Compel Disclosure of Other Crimes, Wrongs or Acts Under Fed.R.Evid. 404(b), 24 MOTION to Compel the Government to Disclose the Identity of Persons Whom the Government Alleges Are or Were Southern Union Company's Agents (Baldinelli, Doreen) (Entered: 03/26/2008)
03/26/2008  MOTIONS as to Southern Union Company REFERRED to Judge Magistrate Judge Martin. 27 MOTION to Compel Production of Investigative Activity Report (IAR) of Robert Steere, 25 MOTION for Disclosure and Production of Charts, Summaries, Calculations and Underlying Materials, 23 MOTION to Compel the Government to Produce Unredacted Documents, 26 MOTION to Compel Disclosure of Other Crimes, Wrongs or Acts Under Fed.R.Evid. 404(b), 24 MOTION to Compel the Government to Disclose the Identity of Persons Whom the Government Alleges Are or Were Southern Union Company's Agents Motions referred to David L. Martin for determination. (Baldinelli, Doreen) (Entered: 03/26/2008)
03/28/200842  MOTION to Dismiss Count I and Count III of the Indictment and Memo in Support by Southern Union Company. (Attachments: # 1 Exhibit A)(Petros, Gerald) (Entered: 03/28/2008)
04/02/200843 NOTICE OF HEARING as to Southern Union Company Calendar Call set for 4/15/2008 at 9:00 AM in Courtroom 2 before Judge William E Smith.(Baldinelli, Doreen) (Entered: 04/02/2008)
04/02/200844 TRIAL NOTICE (Baldinelli, Doreen) (Entered: 04/02/2008)
04/02/200845 PRETRIAL SCHEDULING ORDER as to Southern Union Company Jury Selection set for 5/6/2008 AT 9:30 AM in Courtroom 2 before Judge William E Smith.. So Ordered by Judge William E Smith on 4/2/2008. (Baldinelli, Doreen) (Entered: 04/02/2008)
04/02/200846 TRANSCRIPT of Proceedings: Chambers Conference as to Southern Union Company held on 3/20/08 before Judge Ernest C. Torres. Court Reporter: Karen Wischnowsky. (Smith, Rana) (Entered: 04/02/2008)
04/04/200847 RESPONSE in Opposition by USA as to Southern Union Company 35 Motion in Limine to Exclude Reference at Trial to the Physical Conditions of and Lack of Security at the Tidewater Site (Donnelly, Terrence) Modified on 4/8/2008 - created document linkage(Zinni, Concetta). (Entered: 04/04/2008)
04/08/2008  Minute Entry for proceedings held before Magistrate Judge David L. Martin:Motion Hearing as to Southern Union Company held on 4/8/2008 re 27 MOTION to Compel Production of Investigative Activity Report (IAR) of Robert Steere filed by Southern Union Company, 25 MOTION for Disclosure and Production of Charts, Summaries, Calculations and Underlying Materials filed by Southern Union Company, 23 MOTION to Compel the Government to Produce Unredacted Documents filed by Southern Union Company, 26 MOTION to Compel Disclosure of Other Crimes, Wrongs or Acts Under Fed.R.Evid. 404(b) filed by Southern Union Company, 24 MOTION to Compel the Government to Disclose the Identity of Persons Whom the Government Alleges Are or Were Southern Union Company's Agents filed by Southern Union Company. Terrence Donnelly for the government; Patricia Rocha and Gerald Petros for the defendant. Attorneys argue motion to compel production of unredacted documents; Court directs the government to submit documents for in camera review within seven days; and the Court grants the motion as to release of certain information regarding witnesses; Defendant states other four motions may pass by agreement of the parties. Court to issue an order.(Courtroom B at 10:14.) (Saucier, Martha) (Entered: 04/08/2008)
04/08/200848 ORDER granting in part 23 Motion to Compel as to Southern Union Company (1). So Ordered by Magistrate Judge David L. Martin on 4/8/08.(Saucier, Martha) (Entered: 04/08/2008)
04/08/2008  TEXT ORDER passed by agreement of the parties, as stated by counsel at the 4/8/08 hearing 24 Motion to Compel as to Southern Union Company (1); passed for compliance 25 Motion for Disclosure as to Southern Union Company (1); passed for compliance 26 Motion to Compel as to Southern Union Company (1); passed for compliance 27 Motion to Compel as to Southern Union Company (1). So Ordered by Magistrate Judge David L. Martin on 4/8/08.(Saucier, Martha) (Entered: 04/08/2008)
04/08/200849 RESPONSE in Opposition by USA as to Southern Union Company Motion in Limine re Lawn Terrace Apartment Complex (Donnelly, Terrence) (Entered: 04/08/2008)
04/09/200850 TRANSCRIPT REQUEST for proceedings held on 4/8/08 before Judge Magistrate Judge Martin. (Rocha, Patricia) (Entered: 04/09/2008)
04/09/200851 RESPONSE to Motion by USA as to Southern Union Company re 33 MOTION in Limine to Preclude Reference at Trial to Other Lawsuits (Donnelly, Terrence) (Entered: 04/09/2008)
04/10/2008  FORWARDED TRANSCRIPT REQUEST 50 , CD OF PROCEEDING, AND COPY OF DOCKET TO JOSEPH FONTES as to Southern Union Company. (Saucier, Martha) (Entered: 04/10/2008)
04/11/200852 RESPONSE to Motion by USA as to Southern Union Company re 36 MOTION to Strike Surplusage From The Indictment (Donnelly, Terrence) (Entered: 04/11/2008)
04/17/200853 NOTICE OF COMPLETION OF IN CAMERA REVIEW AND RULING by Southern Union Company. Entered by Magistrate Judge David Martin(Saucier, Martha) Modified on 4/18/2008 (Zinni, Concetta). (Entered: 04/17/2008)
04/21/200854 TRANSCRIPT of Proceedings as to Southern Union Company held on April 8, 2008 before Magistrate Judge David L. Martin. Court Reporter: Joseph A. Fontes. (Geile, Wendy) (Entered: 04/21/2008)
04/25/2008  REVISED NOTICE OF HEARING as to Southern Union Company Status Conference reset for 4/25/2008 at 1:00 PM in Judge Smith Chambers - before Judge William E Smith.(Geile, Wendy) (Entered: 04/25/2008)
04/25/200855 RESPONSE to Motion by USA as to Southern Union Company re 42 MOTION to Dismiss Count I and Count III of the Indictment and Memo in Support (Donnelly, Terrence) (Entered: 04/25/2008)
04/25/2008  Minute Entry for proceedings held before Judge William E Smith:Status Conference as to Southern Union Company held on 4/25/2008. Terrence Donnelly and Kevin Cassidy for Government. Gerald Petros, Daniel Fetterman (via telephone) and John Tarantino for Defendant. All counsel of record present. Second Status conference scheduled for May 7, 2008 at 3:30pm. (Geile, Wendy) (Entered: 04/25/2008)
04/25/2008  NOTICE OF HEARING as to Southern Union Company. Status Conference set for 5/7/2008 at 3:30 PM in Judge Smith Chambers - before Judge William E Smith.(Geile, Wendy) (Entered: 04/25/2008)
05/08/2008  NOTICE OF HEARING ON MOTION in case as to Southern Union Company 33 MOTION in Limine to Preclude Reference at Trial to Other Lawsuits, 42 MOTION to Dismiss Count I and Count III of the Indictment and Memo in Support, 35 MOTION in Limine to Exclude Evidence at Trial About the Physical Conditions of and Lack of Security at the Tidewater Site, 34 MOTION in Limine to Exclude Evidence at Trial of the Discovery of Mercury and Remediation and Evacuation at the Lawn Terrace Apartment Complex : Motion Hearing set for 6/11/2008 at 9:30 AM in Courtroom 2 before Judge William E Smith.(Geile, Wendy) (Entered: 05/08/2008)
05/09/200856 TRANSCRIPT REQUEST by USA for proceedings held on 01/17/08 before Judge Torres. (Donnelly, Terrence) (Entered: 05/09/2008)
05/19/2008  NOTICE OF HEARING as to Southern Union Company Jury Trial set for 9/22/2008 at 9:00 AM in Courtroom 2 before Judge William E Smith.(Baldinelli, Doreen) (Entered: 05/19/2008)
05/29/200857  MOTION Issuance of a Subpoena Pursuant to 28 U.S.C. 1783(a) by USA as to Southern Union Company. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Subpoena)(Donnelly, Terrence) (Entered: 05/29/2008)
06/02/200858 REPLY TO RESPONSE to Motion by Southern Union Company re 55 Response to Motion (Attachments: # 1 Exhibits A through F)(Petros, Gerald) (Entered: 06/02/2008)
06/04/2008  NOTICE OF HEARING RE: 36 MOTION to Strike Surplusage From The Indictment as to Southern Union Company Motion Hearing set for 6/11/2008 at 9:30 AM in Courtroom 2 before Judge William E Smith.(Vorias, Doreen) (Entered: 06/04/2008)
06/10/2008  NOTICE OF HEARING Motion Hearing RE: 57 Motion for the Issuance of a Subpoena set for 6/11/2008 at 9:30 AM in Courtroom 2 before Judge William E Smith.(Vorias, Doreen) (Entered: 06/10/2008)
06/11/2008  Minute Entry for proceedings held before Judge William E Smith:Motion Hearing as to Southern Union Company held on 6/11/2008 re 33 MOTION in Limine to Preclude Reference at Trial to Other Lawsuits filed by Southern Union Company, 35 MOTION in Limine to Exclude Evidence at Trial About the Physical Conditions of and Lack of Security at the Tidewater Site filed by Southern Union Company, 34 MOTION in Limine to Exclude Evidence at Trial of the Discovery of Mercury and Remediation and Evacuation at the Lawn Terrace Apartment Complex filed by Southern Union Company, 57 MOTION Issuance of a Subpoena Pursuant to 28 U.S.C. 1783(a) filed by USA, 36 MOTION to Strike Surplusage From The Indictment filed by Southern Union Company, 42 MOTION to Dismiss Count I and Count III of the Indictment and Memo in Support filed by Southern Union Company. Terrence Donnelly, Kevin Cassidy and Dianne Chabot for Government. Gerald Petros, John Tarantino and Daniel Fetterman for Defendant. All counsel of record present. Arguments heard in regards to Defendant's Motion to Dismiss Counts I and II of the Indictment; Court takes matter under advisement and will issue a ruling. Arguments heard in regards to Defendant's Motion in Limine to Exclude Evidence at Trial About the Physical Conditions of and Lack of Security at the Tidewater Site; Court DENIES. Arguments heard in regards to Defendant's Motion to Preclude Reference at Trial to Other Lawsuits; Court reserves ruling. Arguments heard in regards to Defendant's Motion in Limine to Exclude Evidence at Trial of the Discovery of Mercury and Remediation and Evacuation at the Lawn Terrace Apartment Complex; Court DENIES. Arguments heard in regards to Defendant's Motion to Strike Surplusage from the Indictment; Court DENIES. Court addresses Government's Motion for the Issuance of Subpoena; Court GRANTS. (Court Reporter Anne Clayton in Courtroom 2 at 10:32 am.) (Geile, Wendy) (Entered: 06/11/2008)
06/11/2008  TEXT ORDER denying 34 Motion in Limine as to Southern Union Company (1); denying 35 Motion in Limine as to Southern Union Company (1); denying 36 Motion to Strike as to Southern Union Company (1); granting 57 Motion as to Southern Union Company (1). So Ordered by Judge William E Smith on 6/11/2008.(Geile, Wendy) (Entered: 06/11/2008)
06/11/200859 ORDER granting re 57 MOTION Issuance of a Subpoena Pursuant to 28 U.S.C. 1783(a) filed by USA. So Ordered by Judge William E Smith on 6/10/2008. (Geile, Wendy) (Entered: 06/11/2008)
06/11/200860 EXHIBIT LIST. (Geile, Wendy) (Entered: 06/11/2008)
06/11/200861 TRANSCRIPT REQUEST for proceedings held on June 11, 2008 before Judge Smith. (Tarantino, John) (Entered: 06/11/2008)
06/18/200862 TRANSCRIPT of Proceedings as to Southern Union Company held on June 11, 2008 before Judge Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 7/9/2008. Redacted Transcript Deadline set for 7/21/2008. Release of Transcript Restriction set for 9/16/2008. (Clayton, Anne) (Entered: 06/18/2008)
08/05/200863 NOTICE OF HEARING as to Southern Union Company Calendar Call set for 8/19/2008 at 9:00 AM in Courtroom 2 before Judge William E Smith.(Vorias, Doreen) (Entered: 08/05/2008)
08/05/200864 TRIAL NOTICE.(Vorias, Doreen) (Entered: 08/05/2008)
08/05/200865 PRETRIAL SCHEDULING ORDER as to Southern Union Company Jury Selection set for 9/2/2008 at 9:30 AM in Courtroom 2 before Judge William E Smith.. So Ordered by Judge William E Smith on 8/5/2008. (Vorias, Doreen) (Entered: 08/05/2008)
08/06/200866 DECISION AND ORDER denying 42 Motion to Dismiss Count one and three of the Indictment by Southern Union Company (1). So Ordered by Judge William E Smith on 8/5/2008.(Geile, Wendy) (Entered: 08/06/2008)
08/13/2008  NOTICE OF HEARING as to Southern Union CompanyFinal Pretrial Conference set for 8/21/2008 at 3:30 PM in Judge Smith Chambers -before Judge William E Smith.(Vorias, Doreen) (Entered: 08/13/2008)
08/18/200867  MOTION for Use of Jury Questionnaire With Supporting Memo by Southern Union Company. (Tarantino, John) (Entered: 08/18/2008)
08/19/2008  REVISED NOTICE OF HEARING as to Southern Union CompanyFinal Pretrial Conference RESET for 8/19/2008 at 11:00 AM in Judge Smith Chambers - before Judge William E Smith.(Geile, Wendy) (Entered: 08/19/2008)
08/19/200868  MOTION in Limine to Exclude Testimony with Supporting Memo by USA as to Southern Union Company. (Donnelly, Terrence) (Entered: 08/19/2008)
08/19/200869 TRANSCRIPT REQUEST for proceedings held on 8-19-2008 before Judge Smith. (Tarantino, John) (Entered: 08/19/2008)
08/19/2008  NOTICE OF HEARING as to Southern Union Company Final Pretrial Conference set for 9/16/2008 at 10:00 AM in Judge Smith Chambers - before Judge William E Smith.(Geile, Wendy) (Entered: 08/19/2008)
08/19/2008  NOTICE OF HEARING as to Southern Union Company In Chambers Conference set for 9/3/2008 at 12:30 PM in Judge Smith Chambers - before Judge William E Smith.(Geile, Wendy) (Entered: 08/19/2008)
08/19/2008  Minute Entry for proceedings held before Judge William E Smith:Final Pretrial Conference as to Southern Union Company held on 8/19/2008. Terrence Donnelly for Plaintiff. Gerald Petros and John Tarantino for Defendant. All counsel of record present. Parties to sumbit proposed jury questionnaire to the court by August 25, 2008. (Geile, Wendy) (Entered: 08/19/2008) (Geile, Wendy) (Entered: 08/19/2008)
08/19/2008  NOTICE OF HEARING as to Southern Union Company Jury Selection set for 9/3/2008 at 2:00 PM in Courtroom 2 before Judge William E Smith.(Geile, Wendy) (Entered: 08/19/2008)
08/20/2008  REVISED NOTICE OF HEARING as to Southern Union CompanyFinal Pretrial Conference (2nd) RESET for 9/18/2008 at 2:00 PM in Judge Smith Chambers - before Judge William E Smith.(Geile, Wendy) (Entered: 08/20/2008)
08/20/2008  TEXT ORDER granting 67 Motion for Use of Jury Questionnaire as to Southern Union Company (1). So Ordered by Judge William E Smith on 8/20/2008.(Geile, Wendy) (Entered: 08/20/2008)
08/20/2008  CORRECTIVE DOCKET ENTRY re: Final Pretrial Conference, held on 8/19/08; ERROR: Incorrect date entered for proposed jury questionnaire due date; CORRECTION: Parties to submit proposed jury questionnaires to the court by Tuesday, August 26, 2008. (Smith, Rana) (Entered: 08/20/2008)
08/22/200870  MOTION to Quash Subpoena WITH SUPPORTING MEMO by Marc Viera as to Southern Union Company. (Geile, Wendy) (Entered: 08/22/2008)
08/22/200871 TRANSCRIPT of Calendar Call Proceedings as to Southern Union Company held on August 19, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 9/12/2008. Redacted Transcript Deadline set for 9/22/2008. Release of Transcript Restriction set for 11/20/2008. (Clayton, Anne) (Entered: 08/22/2008)
08/25/200872 Assented MOTION for an Extension of Time to File Response/Reply as to 68 MOTION in Limine to Exclude Testimony by Southern Union Company. (Petros, Gerald) (Entered: 08/25/2008)
08/25/2008  Motion Forwarded to Chambers: 72 Assented MOTION for an Extension of Time to File Response/Reply as to 68 MOTION in Limine to Exclude Testimony. Motion forwarded to the Chambers of Judge William E. Smith. (Geile, Wendy) (Entered: 08/25/2008)
08/27/200873 TRIAL BRIEF by USA as to Southern Union Company (Donnelly, Terrence) (Entered: 08/27/2008)
08/27/200874 PRETRIAL MEMORANDUM by Southern Union Company (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Petros, Gerald) (Entered: 08/27/2008)
08/27/2008  TEXT ORDER granting 72 Motion for Extension of Time to File Response/Reply as to Southern Union Company (1). Defendant shall have up to and including August 29, 2008 to respond to 68 Motion in Limine. So Ordered by Judge William E Smith on 8/27/2008.(Geile, Wendy) (Entered: 08/27/2008)
08/28/200875 NOTICE OF ATTORNEY APPEARANCE: Alexandra K. Callam appearing for Southern Union Company (Callam, Alexandra) (Entered: 08/28/2008)
08/28/2008  NOTICE OF HEARING as to Southern Union Company In Chambers Conference set for 8/29/2008 at 9:00 AM in Judge Smith Chambers - before Judge William E Smith.(Geile, Wendy) (Entered: 08/28/2008)
08/28/200876 RESPONSE to Motion by Southern Union Company re 70 MOTION to Quash (Tarantino, John) (Entered: 08/28/2008)
08/29/2008  Minute Entry for proceedings held before Judge William E Smith:In Chambers Conference as to Southern Union Company held on 8/29/2008. Terrence Donnelly for Government. Gerald Petros, John Tarantino and Daniel Fetterman (via telephone) for Defendant. All counsel of record present. (Geile, Wendy) (Entered: 08/29/2008)
08/29/200877 RESPONSE in Opposition by Southern Union Company re 68 MOTION in Limine to Exclude Testimony with Supporting Memorandum (Petros, Gerald) (Entered: 08/29/2008)
09/02/2008  Motion Forwarded to Chambers: 70 MOTION to Quash, 68 MOTION in Limine to Exclude Testimony (Geile, Wendy) (Entered: 09/02/2008)
09/02/200878 RESPONSE to Motion by USA as to Southern Union Company re 70 MOTION to Quash Subpoena (Donnelly, Terrence) (Entered: 09/02/2008)
09/03/2008  Minute Entry for proceedings held before Judge William E Smith:In Chambers Conference as to Southern Union Company held on 9/3/2008. Terrence Donnelly for Government. Gerald Petros and John Tarantino for Defendant. All counsel of record present. Parties review Jury Questionnaires. Parties exercise their challenges for cause. Twenty-eight(28)jurors called. (Court Reporter Anne Clayton.) (Geile, Wendy) (Entered: 09/03/2008)
09/03/2008  Minute Entry for proceedings held before Judge William E Smith:Jury Selection as to Southern Union Company held on 9/3/2008. Terrence Donnelly, AUSA; Dianne Chabot, AUSA; and Kevin Cassidy for Government. Gerald Petros, John Tarantino, Patricia Rocha and Daniel Fetterman for Defendant. All counsel of record present. Court addresses. Twenty-eight (28) jurors called; voir dire conducted; counsel exercise challenges; twelve (12) jurors empaneled. Eight (8) alternate jurors called; voir dire conducted; counsel exercise challenges; four (4) alternate jurors selected. (Court Reporter Anne Clayton in Courtroom 2 at 3:01 pm.) (Smith, Rana) (Entered: 09/04/2008)
09/04/2008  REVISED NOTICE OF HEARING as to Southern Union Company Final Pretrial Conference (2nd) RESET for 9/18/2008 at 3:00 PM in Judge Smith Chambers - before Judge William E Smith.(Geile, Wendy) (Entered: 09/04/2008)
09/04/2008  NOTICE OF HEARING as to Southern Union Company Motion Hearing re: 70 MOTION to Quash Subpoena set for 9/18/2008 at 2:00 PM in Courtroom 2 before Judge William E Smith.(Geile, Wendy) (Entered: 09/04/2008)
09/10/2008  TEXT ORDER setting briefing schedule re: Fundamental legal issues. Defendants memorandum due by 9/11/2008; Governments response due 9/17/2008 as to Southern Union Company. So Ordered by Judge William E Smith on 9/10/2008. (Geile, Wendy) (Entered: 09/10/2008)
09/11/200879  MOTION to Exclude Federal Enforcement of Rhode Island State Regulations Concerning Conditionally Exempt Small Quantity Generators with supporting memorandum by Southern Union Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit)(Petros, Gerald) (Entered: 09/11/2008)
09/11/200880  MOTION Motion to Determine Whether Under EPCRA the Release of Mercury at the Lawn Terrace Apartment Complex Constitutes a Separate Release with supporting memorandum by Southern Union Company. (Petros, Gerald) (Entered: 09/11/2008)
09/12/2008  NOTICE OF HEARING as to Southern Union Company In Chambers Conference set for 9/15/2008 at 8:30 AM in Judge Smith Chambers - before Judge William E Smith.(Geile, Wendy) (Entered: 09/12/2008)
09/15/2008  Minute Entry for proceedings held before Judge William E Smith:In Chambers Conference as to Southern Union Company held on 9/15/2008. Terrence Donnelly for Government. Gerald Petros, Patricia Rocha and Daniel Fetterman for Defendant. All counsel of record present. (Geile, Wendy) (Entered: 09/15/2008)
09/16/2008  NOTICE OF HEARING as to Southern Union Company In Chambers Conference set for 9/16/2008 at 2:00 PM in Judge Smith Chambers - before Judge William E Smith.(Geile, Wendy) (Entered: 09/16/2008)
09/16/2008  Motions Forwarded to Chambers: 80 MOTION Motion to Determine Whether Under EPCRA the Release of Mercury at the Lawn Terrace Apartment Complex Constitutes a Separate Release, 79 MOTION to Exclude Federal Enforcement of Rhode Island State Regulations Concerning Conditionally Exempt Small Quantity Generators (Geile, Wendy) (Entered: 09/16/2008)
09/16/2008  Minute Entry for proceedings held before Judge William E Smith:In Chambers Conference as to Southern Union Company held on 9/16/2008. Terrence Donnelly for Government. Gerald Petros and Patricia Rocha for defendant. All counsel of record present. (Geile, Wendy) (Entered: 09/16/2008)
09/16/200881  MOTION in Limine to Exclude Evidence of EPA Letters with Supporting Memo by USA as to Southern Union Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Donnelly, Terrence) (Entered: 09/16/2008)
09/17/200882 RESPONSE to Motion by USA as to Southern Union Company re 79 MOTION to Exclude Federal Enforcement of Rhode Island State Regulations Concerning Conditionally Exempt Small Quantity Generators, 80 MOTION Motion to Determine Whether Under EPCRA the Release of Mercury at the Lawn Terrace Apartment Complex Constitutes a Separate Release -Consolidated Response (Attachments: # 1 Exhibit A)(Donnelly, Terrence) (Entered: 09/17/2008)
09/17/200883 EXHIBIT IN SUPPORT by USA as to Southern Union Company in support of 82 Response to Motion, (Donnelly, Terrence) (Entered: 09/17/2008)
09/17/200884 TRANSCRIPT REQUEST for proceedings held on 9-3-2008 before Judge Smith. (Tarantino, John) (Entered: 09/17/2008)
09/17/200885 TRANSCRIPT REQUEST for proceedings held on 9-3-2008 before Judge Smith. (Tarantino, John) (Entered: 09/17/2008)
09/17/2008  NOTICE OF HEARING as to Southern Union Company Jury Selection set for 9/19/2008 at 9:00 AM in Courtroom 2 before Judge William E Smith.(Geile, Wendy) (Entered: 09/17/2008)
09/17/2008  Motion Forwarded to Chambers: 81 MOTION in Limine to Exclude Evidence of EPA Letters (Geile, Wendy) (Entered: 09/17/2008)
09/17/200886 TRANSCRIPT REQUEST for proceedings held on January 11, 2008 before Judge Almond. (Petros, Gerald) (Entered: 09/17/2008)
09/18/2008  Remark as to Southern Union Company: Transcript Request 86 , tape and docket forwarded to Maryann Young, Court Reporter (Noel, Jeannine) (Entered: 09/18/2008)
09/18/2008  Amended Remark as to Southern Union Company: Transcript Request 86 , tape and docket forwarded to Joseph Fontes, Court Reporter, via FED-EX (Noel, Jeannine) (Entered: 09/18/2008)
09/18/2008  Minute Entry for proceedings held before Judge William E Smith:Motion Hearing as to Southern Union Company held on 9/18/2008. (Donnelly, Chabot, Cassidy, Tarantino, Petros, Tamuleviz) All counsel of record present. Court addresses. Arguments heard on the following pending motions: 70 MOTION to Quash filed by Marc Viera, Court denies; 68 MOTION in Limine to Exclude Testimony filed by USA, Court takes under advisement; 79 MOTION to Exclude Federal Enforcement of Rhode Island State Regulations Concerning Conditionally Exempt Small Quantity Generators filed by Southern Union Company, argument on the Motion to continue 9/19/08 following Jury empanelment. (Court Reporter Anne Clayton in Courtroom 2 at 2:16 pm.) (Smith, Rana) (Entered: 09/19/2008)
09/18/2008  TEXT ORDER taking under advisement 68 Motion in Limine as to Southern Union Company (1); denying 70 Motion to Quash as to Southern Union Company (1). So Ordered by Judge William E Smith on 9/18/2008.(Smith, Rana) (Entered: 09/19/2008)
09/19/200887 TRANSCRIPT of Proceedings as to Southern Union Company held on January 11, 2008 before Judge Almond. Court Reporter/Transcriber Joseph A. Fontes, Telephone number 561-452-7507. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 10/10/2008. Redacted Transcript Deadline set for 10/20/2008. Release of Transcript Restriction set for 12/18/2008. (Fontes, Joseph) (Entered: 09/19/2008)
09/19/2008  Minute Entry for proceedings held before Judge William E Smith:Final Pretrial Conference as to Southern Union Company held on 9/19/2008. Terrence Donnelly, Dianne Chabot and Kevin Cassisy for Government. Gerald Petros, John Tarantino and Daniel Fetterman for Defendant. All counsel of record present. Jury trial in this matter to begin 9/22/08 at 9:00 am. (Geile, Wendy) (Entered: 09/19/2008)
09/19/2008  Minute Entry for proceedings held before Judge William E Smith:Jury Selection (Empanelment of Alternate Jurors) as to Southern Union Company held on 9/19/2008. (Donnelly, Chabot, Cassidy, Tarantino, Petros, Fetterman, Rocha) All counsel of record present. Court addresses. Seven (7) alternate jurors called; voir dire conducted; counsel exercise challenges; three (3) alternated selected. Government satisfied with alternate juror selection. Arguments heard as to Defense Counsels Oral objection to the empanelment of additional alternate jurors; Court denies.(Court Reporter Debra Lajoie in Courtroom 2 at 9:14 am.) (Smith, Rana) (Entered: 09/19/2008)
09/19/2008  Minute Entry for proceedings held before Judge William E Smith:Motion Hearing as to Southern Union Company held on 9/19/2008. (Donnelly, Chabot, Cassidy, Tarantino, Petros, Fetterman, Rocha) All counsel of record present. Continued arguments heard as to 79 MOTION to Exclude Federal Enforcement of Rhode Island State Regulations Concerning Conditionally Exempt Small Quantity Generators filed by Southern Union Company, Court takes under advisement. Arguments heard as to 80 Motion to Determine Whether Under EPCRA the Release of Mercury at the Lawn Terrace Apartment Complex Constitutes a Separate Release filed by Southern Union Company, Court denies. Arguments heard as to 81 MOTION in Limine to Exclude Evidence of EPA Letters filed by USA, Court defers ruling.(Court Reporter Debra Lajoie in Courtroom 2 at 10:11 am.) (Smith, Rana) (Entered: 09/19/2008)
09/19/2008  TEXT ORDER taking under advisement 79 Motion to Exclude as to Southern Union Company (1); denying 80 Motion as to Southern Union Company (1); deferring ruling on 81 Motion in Limine as to Southern Union Company (1). So Ordered by Judge William E Smith on 9/19/2008.(Smith, Rana) (Entered: 09/19/2008)
09/19/200888  MOTION to Take Deposition and for Issuance of Subpoena for David Thatcher Pursuant to Rules 15 and 17(f) by Southern Union Company. (Tarantino, John) (Entered: 09/19/2008)
09/20/200889  MOTION Issuance of Subpoenas by USA as to Southern Union Company. (Attachments: # 1 Exhibit AAG Approval of Motion, # 2 Text of Proposed Order)(Donnelly, Terrence) (Entered: 09/20/2008)
09/22/2008  Minute Entry for proceedings held before Judge William E Smith:Jury Trial (DAY 1) as to Southern Union Company held on 9/22/2008. (Donnelly, Chabot, Cassidy, Tarantino, Petros, Fetterman, Rocha) All counsel of record present. Jury in and sworn. Court instructs jurors. Government delivers opening statement. Defense counsel delivers opening statement. Two witnesses sworn. Twenty exhibits entered FULL; three exhibits for ID only. Jury Trial to continue Tuesday, 9/23/2008 at 9:00 am.(Court Reporter Anne Clayton in Courtroom 2 at 9:15 am.) (Smith, Rana) (Entered: 09/22/2008)
09/23/2008  Motion Forwarded to Chambers: 89 MOTION Issuance of Subpoenas (Geile, Wendy) (Entered: 09/23/2008)
09/23/200890 TRANSCRIPT REQUEST for proceedings held on September 19, 2008 before Judge Smith. (Tarantino, John) (Entered: 09/23/2008)
09/23/2008  Minute Entry for proceedings held before Judge William E Smith:Jury Trial (DAY 2) as to Southern Union Company held on 9/23/2008. (Donnelly, Chabot, Cassidy, Tarantino, Petros, Fetterman, Rocha) All counsel of record present. Jury in; Court addresses. Witness-2, continued. Jury out; discussion out of jury presence. Motion 89 Government's Motion for Issuance of Subpoenas as to Southern Union Company; Court grants. Jury in. Three witnesses sworn. Twelve exhibits entered FULL; four exhibits for ID only. Jury Trial to continue Wednesday, 9/24/2008 at 9:00 am.(Court Reporter Anne Clayton/ Debra Lajoie in Courtroom 2 at 9:13 am.) (Smith, Rana) (Entered: 09/23/2008)
09/23/2008  TEXT ORDER granting 89 Motion Issuance of Subpoenas by USA as to Southern Union Company (1). So Ordered by Judge William E Smith on 9/23/2008.(Smith, Rana) (Entered: 09/23/2008)
09/24/2008  Minute Entry for proceedings held before Judge William E Smith:Jury Trial (DAY 3) as to Southern Union Company held on 9/24/2008. (Donnelly, Chabot, Cassidy, Tarantino, Petros, Fetterman, Rocha) All counsel of record present. Jury in; court addresses. Witness-5, continued. Three witnesses sworn. Twenty exhibits entered FULL; five exhibits for ID only. One exhibit previously marked as ID on 9/22/08, entered FULL. Jury out; discussion out of jury presence. Defense counsel withdraws 88 Motion to Take Deposition and for Issuance of Subpoena for David Thatcher; Court finds as moot. Jury Trial to continue Thursday, 9/25/2008 at 9:00 am.(Court Reporter Anne Clayton in Courtroom 2 at 9:14 am.) (Smith, Rana) (Entered: 09/24/2008)
09/24/2008  TEXT ORDER finding as moot 88 Motion to Take Deposition as to Southern Union Company (1). So Ordered by Judge William E Smith on 9/24/2008.(Smith, Rana) (Entered: 09/24/2008)
09/25/2008  Minute Entry for proceedings held before Judge William E Smith:Jury Trial (DAY 4) as to Southern Union Company held on 9/25/2008. (Donnelly, Chabot, Cassidy, Tarantino, Petros, Fetterman, Rocha) All counsel of record present. Jury in; court addresses. Five witnesses sworn. Four exhibits entered FULL; one exhibit for ID only. Jury out; discussion out of jury presence. Jury Trial to continue Monday, 9/29/2008 at 9:00 am.(Court Reporter Anne Clayton in Courtroom 2 at 9:12 am.) (Smith, Rana) (Entered: 09/25/2008)
09/25/200891 ORDER granting 89 MOTION Issuance of Subpoenas filed by USA. So Ordered by Judge William E Smith on 9/23/2008. (Geile, Wendy) (Entered: 09/25/2008)
09/25/200892 TRANSCRIPT REQUEST by USA (Donnelly, Terrence) (Entered: 09/25/2008)
09/29/2008  Minute Entry for proceedings held before Judge William E Smith:Jury Trial (DAY 5) as to Southern Union Company held on 9/29/2008. (Donnelly, Chabot, Cassidy, Tarantino, Petros, Fetterman, Rocha) All counsel of record present. Jury in; court addresses. W-13 continued from 9/25/2008. Two witnesses sworn. Twelve exhibits entered FULL; five exhibits for ID only. Jury out; discussion out of jury presence. Jury Trial to continue Tuesday, 9/30/2008 at 9:00 am.(Court Reporter Anne Clayton in Courtroom 2 at 9:34 am.) (Smith, Rana) (Entered: 09/29/2008)
09/29/200893 TRANSCRIPT REQUEST for proceedings held on September 18, 2008 before Judge Smith. (Petros, Gerald) (Entered: 09/29/2008)
09/29/200894 RESPONSE to Motion by USA as to Southern Union Company re 79 MOTION to Exclude Federal Enforcement of Rhode Island State Regulations Concerning Conditionally Exempt Small Quantity Generators (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Donnelly, Terrence) (Entered: 09/29/2008)
09/29/200895 REPLY TO RESPONSE to Motion by Southern Union Company re 79 MOTION to Exclude Federal Enforcement of Rhode Island State Regulations Concerning Conditionally Exempt Small Quantity Generators (Attachments: # 1 Exhibit A)(Petros, Gerald) (Entered: 09/29/2008)
09/30/2008  Minute Entry for proceedings held before Judge William E Smith:Jury Trial (DAY 6) as to Southern Union Company held on 9/30/2008. (Donnelly, Chabot, Cassidy, Tarantino, Petros, Fetterman, Rocha) All counsel of record present. Jury in; court addresses. W-15 continued from 9/29/2008. Jury out; discussion out of jury presence. Jury in. Seven exhibits entered FULL. Jury dismissed for the day. Jury Trial to continue Wednesday, 10/1/2008 at 9:00 am.(Court Reporter Anne Clayton in Courtroom 2 at 9:22 am.) (Smith, Rana) (Entered: 09/30/2008)
10/01/2008  Minute Entry for proceedings held before Judge William E Smith:Jury Trial (DAY 7) as to Southern Union Company held on 10/1/2008. (Donnelly, Chabot, Cassidy, Tarantino, Petros, Fetterman, Rocha) All counsel of record present. Jury in; court addresses. W-15 continued from 9/30/2008. Jury out; discussion out of jury presence. Jury in. Two witnesses sworn. Three exhibits entered FULL. Jury dismissed for the day. Jury Trial to continue Thursday, 10/2/2008 at 9:00 am.(Court Reporter Anne Clayton in Courtroom 2 at 9:17 am.) (Smith, Rana) (Entered: 10/01/2008)
10/02/2008  Minute Entry for proceedings held before Judge William E Smith:Jury Trial (DAY 8) as to Southern Union Company held on 10/2/2008. (Donnelly, Chabot, Cassidy, Tarantino, Petros, Fetterman, Rocha) All counsel of record present. Jury in; court addresses. W-17 continued from 10/1/2008. Jury out; discussion out of jury presence. Jury in. Three witnesses sworn. Eighteen exhibits entered FULL; one exhibit for ID only. Jury dismissed for the day; discussion out of jury presence. Jury Trial to continue Friday, 10/3/2008 at 9:00 am.(Court Reporter Anne Clayton in Courtroom 2 at 9:50 am.) (Smith, Rana) (Entered: 10/02/2008)
10/02/200896  MOTION to Strike and For Jury Instruction by USA as to Southern Union Company. (Donnelly, Terrence) (Entered: 10/02/2008)
10/03/2008  Minute Entry for proceedings held before Judge William E Smith: granting 96 Motion to Strike as to Southern Union Company (1); Jury Trial (DAY 9) as to Southern Union Company held on 10/3/2008. Donnelly, Chabot, Cassidy, Tarantino, Petros, Fetterman, Rocha) All counsel of record present. Discussion out of Jury presence. Court addresses. Arguments heard as to 96 MOTION to Strike and For Jury Instruction by USA as to Southern Union Company; Court grants for the reasons stated in open court. Jury in; Court instructs jurors re: the testimony of W-21. W-21 continued from 10/2/2008. Jury out; discussion out of jury presence. Jury in. One witness sworn. Twelve exhibits entered FULL; two exhibits for ID only. Jury dismissed for the day. Discussion out of Jury presence. Government addresses proposed oral stipulation re: paragraphs in the Indictment. Defense agrees to the stipulation. Government to prepare written stipulation to submit to the Court on Monday. Jury Trial to continue Monday, 10/6/2008 at 9:00 am. (Court Reporter Anne Clayton in Courtroom 2 at 9:03 am.) (Smith, Rana) (Entered: 10/06/2008)
10/06/2008  Minute Entry for proceedings held before Judge William E Smith:Jury Trial (DAY 10) as to Southern Union Company held on 10/6/2008. Donnelly, Chabot, Cassidy, Tarantino, Petros, Fetterman, Rocha) All counsel of record present. Jury in. Six witnesses sworn. Jury out; discussion out of jury presence. Jury in. Twenty-three exhibits entered FULL; one exhibit previously marked as ID on 9/24/08, entered FULL. Court addresses Jurors; Jury dismissed for the day. Discussion out of Jury presence. Arguments heard as to the admittance of a Government exhibit; Court defers ruling. Arguments heard as to Defendant's Oral Rule 29 Motion; Court takes Motion under advisement. Defense Counsel makes an Oral Motion for a mistrial; Court denies for reasons stated in open court. Jury Trial to continue Tuesday, 10/7/2008 at 9:00 am.(Court Reporter Anne Clayton in Courtroom 2 at 9:16 am.) (Smith, Rana) (Entered: 10/06/2008)
10/07/2008  NOTICE OF HEARING as to Southern Union Company Daubert Hearing set for 10/7/2008 at 2:00 PM in Courtroom 2 before Judge William E Smith.(Geile, Wendy) (Entered: 10/07/2008)
10/07/2008  Minute Entry for proceedings held before Judge William E Smith:Jury Trial (DAY 11) as to Southern Union Company held on 10/7/2008. Donnelly, Chabot, Cassidy, Tarantino, Petros, Fetterman, Rocha) All counsel of record present. Court addresses out of Jury presence; continued arguments heard as to the admittance of a Government exhibit; Court rules exhibit will not be admitted. Court addresses re: Defendants Oral Rule 29 Motions; Court reserves ruling on all three Rule 29 Motions. Jury in. Court addresses Jurors. Government rests. Two witnesses sworn. One exhibit entered FULL. Court instructs jurors re: hazardous waste issue as to witness testimony. Jury out; discussion out of Jury presence; one exhibit admitted for ID only. Defense counsel objects to the Courts Jury instruction re: hazardous waste issue as to witness testimony; Defense requests a mistrial; Court denies Oral Motion for Mistrial. Jury in; Court addresses Jurors; Jury dismissed for the day. Jury Trial to continue Wednesday, 10/8/2008 at 9:00 am.(Court Reporter Anne Clayton in Courtroom 2 at 9:02 am.) (Smith, Rana) (Entered: 10/07/2008)
10/07/2008  Minute Entry for proceedings held before Judge William E Smith: granting 68 Motion in Limine as to Southern Union Company (1); Daubert Hearing as to Southern Union Company held on 10/7/2008. (Donnelly, Chabot, Cassidy, Tarantino, Petros, Fetterman, Rocha) All counsel of record present. Court addresses. One witness sworn. Defense counsel and Government rest on their papers with respect to argument re: 68 Governments Motion In Limine to Exclude Testimony; Court grants for reasons stated in open court. (Court Reporter Karen Wischnowsky in Courtroom 2 at 2:24 pm.) (Smith, Rana) (Entered: 10/08/2008)
10/07/200897 WITNESS AND EXHIBIT LIST re: Daubert Hearing as to Southern Union Company. (Smith, Rana) (Entered: 10/08/2008)
10/08/2008  Minute Entry for proceedings held before Judge William E Smith:Jury Trial (DAY 12) as to Southern Union Company held on 10/8/2008. (Donnelly, Chabot, Cassidy, Tarantino, Petros, Fetterman, Rocha) All counsel of record present. Jury in. Court addresses Jurors. One exhibit entered FULL. Defense rests. Government does not have a rebuttal case. Jurors dismissed for the day to return on Tuesday, for closing arguments and Jury charge; Court instructs Jurors. Discussion out of Jury presence. Defense counsel renews their Oral Rule 29 Motions; further arguments heard. Defense counsel requests the Court dismiss all three counts. Court takes Oral Motions under advisement. Charge conference scheduled for Thursday, 10/9/2008 at 9:00 am. Jury Trial to continue Tuesday, 10/14/2008 at 9:00 am.(Court Reporter Karen Wischnowsky in Courtroom 2 at 9:13 am.) (Smith, Rana) (Entered: 10/08/2008)
10/10/2008  ORAL ORDER denying 79 Motion to Exclude as to Southern Union Company (1). So Ordered by Judge William E Smith on 10/9/2008.(Smith, Rana) (Entered: 10/10/2008)
10/10/2008  ORAL ORDER granting 36 MOTION to Strike Surplusage From The Indictment WITH SUPPORTING MEMO by Southern Union Company. Government to file redacted Indictment. So Ordered by Judge William E Smith on 10/9/2008. (Smith, Rana) (Entered: 10/10/2008)
10/14/2008  Minute Entry for proceedings held before Judge William E Smith:Jury Trial as to Southern Union Company held on 10/14/2008. (Day 13) Terrence Donnelly, Dianne Chabot and Kevin Cassidy for Government. John Tarantino, Gerald Petros, Pat Rocha and Daniel Fetterman for Defendant. All counsel of record present. Objections to the jury charge placed on the record. Jury in. Government presents closing arguments. Defense counsel presents closing arguments. Government presents rebuttal closing arguments. Court charges jury. Marshal sworn. Jury out to deliberate. Jury In. Jury released for the day. Jury deliberations to continue 10/15/2008 at 9:00 am.(Court Reporter Anne Clayton/ Karen Wischnowsky in Courtroom 2 at 8:37 am.) (Geile, Wendy) (Entered: 10/14/2008)
10/15/2008  Minute Entry for proceedings held before Judge William E Smith:Jury Trial as to Southern Union Company held on 10/15/2008. (Day 14) Terrence Donnelly, Dianne Chabot and Kevin Cassidy for Government. John Tarantino, Gerald Petros, Pat Rocha and Daniel Fetterman for Defendant. All counsel of record present. Jurors continue deliberations. Court addresses jurors questions. Jury returns with a verdict: Jurors find the defendant Guilty as to count I of the Indictment; Jurors find the defendant Not Guilty as to counts II and III of the Indictment. Sentencing in this matter scheduled for 2/20/2009 at 2:00 pm.(Court Reporter Anne Clayton in Courtroom 2 at 9:08 am.) (Geile, Wendy) (Entered: 10/15/2008)
10/15/200898 JURY VERDICT as to Southern Union Company (1) Guilty on Count 1 Southern Union Company (1) Not Guilty on Count 2,3. (Geile, Wendy) (Entered: 10/15/2008)
10/15/2008  NOTICE OF HEARING DEFENDANT REQUEST as to Southern Union Company Sentencing set for 2/20/2009 at 2:00 PM in Courtroom 2 before Judge William E Smith.(Geile, Wendy) (Entered: 10/15/2008)
10/15/200899 EXHIBIT AND WITNESS LIST re: Jury Trial as to Southern Union Company. (Smith, Rana) (Entered: 10/17/2008)
10/20/2008100  MOTION to Extend Time Within Which to File Post-Trial Motions by Southern Union Company. (Tarantino, John) (Entered: 10/20/2008)
10/21/2008  Motion Forwarded to Chambers: 100 MOTION to Extend Time Within Which to File Post-Trial Motions (Geile, Wendy) (Entered: 10/21/2008)
10/22/2008  TEXT ORDER granting 100 Motion to Extend Time as to Southern Union Company (1). Defendant shall have up to and including November 14, 2008 to file post-trial motions. So Ordered by Judge William E Smith on 10/22/2008.(Geile, Wendy) (Entered: 10/22/2008)
10/27/2008101 TRANSCRIPT of Motions as to Southern Union Company held on June 11, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008102 TRANSCRIPT of Chambers Jury Impanelment as to Southern Union Company held on September 3, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008103 TRANSCRIPT of Jury Impanelment as to Southern Union Company held on September 3, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008104 TRANSCRIPT of Motion to Quash as to Southern Union Company held on September 18, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008105 TRANSCRIPT of Jury Trial Volume 1 as to Southern Union Company held on September 22, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008106 TRANSCRIPT of Jury Trial Volume 2 as to Southern Union Company held on September 23, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008107 TRANSCRIPT of Jury Trial Volume 3 as to Southern Union Company held on September 24, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008108 TRANSCRIPT of Jury Trial Volume 4 as to Southern Union Company held on September 25, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008109 TRANSCRIPT of Jury Trial Volume 5 as to Southern Union Company held on September 29, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008110 TRANSCRIPT of Empanelment of Alternate Jurors; Motions in Limine Proceedings as to Southern Union Company held on 9/19/08 before Judge Smith. Court Reporter/Transcriber Debra Lajoie, Telephone number 401-952-2731. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Lajoie, Debra) (Entered: 10/27/2008)
10/27/2008111 TRANSCRIPT of Jury Trial Day 6 as to Southern Union Company held on September 30, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008112 TRANSCRIPT of Jury Trial Day 7 as to Southern Union Company held on October 1, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008113 TRANSCRIPT of Jury Trial Volume 8 as to Southern Union Company held on October 2, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008114 TRANSCRIPT of Jury Trial Volume 9 as to Southern Union Company held on October 3, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008115 TRANSCRIPT of Jury Trial Volume 10 as to Southern Union Company held on October 6, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008116 TRANSCRIPT of Rule 29 Motion as to Southern Union Company held on October 6, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008117 TRANSCRIPT of Jury Trial Volume 11 as to Southern Union Company held on October 7, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008118 TRANSCRIPT of Chambers Charge Conference as to Southern Union Company held on October 9, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008119 TRANSCRIPT of Jury Trial Volume 13 as to Southern Union Company held on October 14, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008120 TRANSCRIPT of Jury Trial Volume 14 as to Southern Union Company held on October 15, 2008 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number (401) 255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Clayton, Anne) (Entered: 10/27/2008)
10/27/2008121 TRANSCRIPT of Daubert Hearing as to Southern Union Company held on October 7, 2008, before Judge William E. Smith. Court Reporter Karen Wischnowsky, Telephone number 401-351-8311. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Wischnowsky, Karen) (Entered: 10/27/2008)
10/27/2008122 TRANSCRIPT of Jury Trial as to Southern Union Company held on October 8, 2008, before Judge William E. Smith. Court Reporter Karen Wischnowsky, Telephone number 401-351-8311. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/17/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/25/2009. (Wischnowsky, Karen) (Entered: 10/27/2008)
11/05/2008123 Assented MOTION to Extend Time Within Which to File Post-Trial Motions by Southern Union Company. (Petros, Gerald) (Entered: 11/05/2008)
11/06/2008  Motion Forwarded to Chambers: 123 Assented MOTION to Extend Time Within Which to File Post-Trial Motions (Geile, Wendy) (Entered: 11/06/2008)
11/12/2008  TEXT ORDER granting 123 Motion to Extend Time as to Southern Union Company (1). The defendant shall have up to and including 12/1/2008 to file post-trial motions. So Ordered by Judge William E Smith on 11/12/2008.(Geile, Wendy) (Entered: 11/12/2008)
12/01/2008124  MOTION for New Trial WITH SUPPORTING MEMO by Southern Union Company. (Attachments: # 1 Exhibit Southern Union's proposed jury instructions on CESQG)(Tarantino, John) (Entered: 12/01/2008)
12/01/2008125  MOTION for Judgment of Acquittal on Count I of the Indicment with supporting memorandum by Southern Union Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Petros, Gerald) (Entered: 12/01/2008)
12/10/2008126 First MOTION to Extend Time to Extend Time to File Responses to the Defendant's Post-trial Motions by USA as to Southern Union Company. (Donnelly, Terrence) (Entered: 12/10/2008)
12/11/2008  Motion Forwarded to Chambers: 126 First MOTION to Extend Time to Extend Time to File Responses to the Defendant's Post-trial Motions (Geile, Wendy) (Entered: 12/11/2008)
12/12/2008  TEXT ORDER granting 126 Motion to Extend Time as to Southern Union Company (1). The Government shall have up to and including 1/16/2009 to file its responses to Defendant's Post-Trial Motions. So Ordered by Judge William E Smith on 12/12/2008.(Geile, Wendy) (Entered: 12/12/2008)
01/15/2009127 RESPONSE to Motion by USA as to Southern Union Company re 125 MOTION for Judgment of Acquittal on Count I of the Indicment (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)(Donnelly, Terrence) (Entered: 01/15/2009)
01/15/2009128 RESPONSE to Motion by USA as to Southern Union Company re 124 MOTION for New Trial (Donnelly, Terrence) (Entered: 01/15/2009)
01/16/2009  Motions Forwarded to Chambers: 125 MOTION for Judgment of Acquittal on Count I of the Indicment, 124 MOTION for New Trial (Geile, Wendy) (Entered: 01/16/2009)
01/21/2009  REVISED NOTICE OF HEARING DEFENDANT REQUEST as to Southern Union Company Sentencing RESET for 5/7/2009 at 10:00 AM in Courtroom 2 before Judge William E Smith.(Geile, Wendy) (Entered: 01/21/2009)
01/21/2009  SECOND REVISED NOTICE OF HEARING DEFENDANT REQUEST as to Southern Union Company Sentencing RESET for 5/7/2009 at 2:00 PM in Courtroom 2 before Judge William E Smith.(Geile, Wendy) (Entered: 01/21/2009)
01/22/2009129 Assented MOTION for Leave to File Reply Memorandum in Support of Defendant's Renewed Motion for Judgment of Acquittal on the Small Quantity Generator Defense and Motion for New Trial by Southern Union Company. (Petros, Gerald) (Entered: 01/22/2009)
01/23/2009  Motion Forwarded to Chambers: 129 Assented MOTION for Leave to File Reply Memorandum in Support of Defendant's Renewed Motion for Judgment of Acquittal on the Small Quantity Generator Defense and Motion for New Trial (Geile, Wendy) (Entered: 01/23/2009)
01/27/2009  NOTICE re 102 Transcript,, 103 Transcript,, 110 Transcript. In accordance with the Judicial Conference Privacy Policy as it relates to juror information, these transcripts will remain restricted. (Farrell Pletcher, Paula) (Entered: 01/27/2009)
01/27/2009  TEXT ORDER granting 129 Motion for Leave to File as to Southern Union Company (1). So Ordered by Judge William E Smith on 1/27/2009.(Geile, Wendy) (Entered: 01/27/2009)
01/28/2009130 TRANSCRIPT REQUEST by USA for proceedings held on 1/17/08 before Judge Ernest C. Torres. (Lockhart, Donald) (Entered: 01/28/2009)
01/28/2009131 TRANSCRIPT REQUEST by USA for proceedings held on 4/8/08 before Judge David L. Martin. (Lockhart, Donald) (Entered: 01/28/2009)
01/29/2009  Remark as to Southern Union Company: Transcript Request 131 , CD and docket forwarded to Maryann Young, Court Reporter via regular mail (Noel, Jeannine) (Entered: 01/29/2009)
02/12/2009132 REPLY TO RESPONSE to Motion by Southern Union Company re 124 MOTION for New Trial (Tarantino, John) (Entered: 02/12/2009)
02/13/2009133 REPLY TO RESPONSE to Motion by Southern Union Company re 125 MOTION for Judgment of Acquittal on Count I of the Indicment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Petros, Gerald) (Entered: 02/13/2009)
03/11/2009  Remark as to Southern Union Company: Transcript request 131 , CD and docket forwarded to Joseph Fontes, Court Reporter, via Fed-ex (Noel, Jeannine) (Entered: 03/11/2009)
04/17/2009  NOTICE OF HEARING as to Southern Union Company. Status Conference set for 4/24/2009 at 11:00 AM in Judge Smith Chambers - before Judge William E Smith.(Geile, Wendy) (Entered: 04/17/2009)
04/21/2009  REVISED NOTICE OF HEARING as to Southern Union Company. Status Conference RESET for 4/24/2009 at 11:30 AM in Judge Smith Chambers - before Judge William E Smith.(Geile, Wendy) (Entered: 04/21/2009)
04/23/2009  SECOND REVISED NOTICE OF HEARING as to Southern Union Company. Status Conference RESET for 4/24/2009 at 11:00 AM in Judge Smith Chambers - before Judge William E Smith.(Geile, Wendy) (Entered: 04/23/2009)
04/24/2009  Minute Entry for proceedings held before Judge William E Smith:Status Conference as to Southern Union Company held on 4/24/2009. Terrence Donnelly for Government. John Tarantino and Daniel Fetterman (via telephone) for Defendant. All counsel of record present. (Geile, Wendy) (Entered: 04/24/2009)
04/24/2009  REVISED NOTICE OF HEARING DEFENDANT REQUEST as to Southern Union Company. Sentencing RESET for 6/25/2009 at 2:30 PM in Courtroom 2 before Judge William E Smith.(Geile, Wendy) (Entered: 04/24/2009)
05/12/2009134 SENTENCING MEMORANDUM by Southern Union Company (Tarantino, John) (Entered: 05/12/2009)
05/22/2009135 First MOTION to Extend Time Time to File Response by USA as to Southern Union Company. (Donnelly, Terrence) (Entered: 05/22/2009)
05/22/2009  Motion Forwarded to Chambers: 135 First MOTION to Extend Time Time to File Response (Geile, Wendy) (Entered: 05/22/2009)
05/26/2009  TEXT ORDER granting 135 Motion to Extend Time as to Southern Union Company (1). So Ordered by Judge William E Smith on 5/26/2009.(Geile, Wendy) (Entered: 05/26/2009)
05/28/2009  NOTICE OF HEARING as to Southern Union Company: Telephone Conference scheduled for 6/1/2009 at 3:30 PM in Judge Smith Chambers before Judge William E. Smith; this office will initiate the call; all counsel attending should provide telephone numbers to the clerk as soon as possible.(Jackson, Ryan) (Entered: 05/28/2009)
06/01/2009136 RESPONSE in Opposition by USA as to Southern Union Company Memorandum of Law with Respect to the Maximum Possible Sentencing Fine (Donnelly, Terrence) (Entered: 06/01/2009)
06/01/2009  Minute Entry for proceedings held before Judge William E Smith:Telephone Conference as to Southern Union Company held on 6/1/2009; Counsel present on teleconference: John Tarantino, Gerald Petros, Dan Fetterman, David Ross, Seth Davis; Terrence Donnelly, Donald Lockhart, Kevin Cassidy, Colin Black (Jackson, Ryan) (Entered: 06/01/2009)
06/16/2009137 SUPPLEMENTAL MEMORANDUM in support of 134 Sentencing Memorandum (Tarantino, John) (Entered: 06/16/2009)
06/19/2009  CANCELLATION NOTICE OF HEARING DEFENDANT REQUEST as to Southern Union Company: Sentencing previously scheduled for 6/25/2009 at 2:30 PM in Courtroom 2 before Judge William E. Smith is hereby CANCELLED; the sentencing will be re-scheduled at a later date.(Jackson, Ryan) (Entered: 06/19/2009)
07/09/2009138 PRELIMINARY SENTENCING MEMORANDUM as to Southern Union Company. So Ordered by Judge William E. Smith on 7/9/09. (Jackson, Ryan) (Entered: 07/09/2009)
07/23/2009139 DECISION AND ORDER denying 124 Motion for New Trial as to Southern Union Company (1); denying 125 Motion for Judgment of Acquittal on Count I of the Indicment as to Southern Union Company (1). So Ordered by Judge William E. Smith on 7/22/09.(Jackson, Ryan) (Entered: 07/23/2009)
07/24/2009  NOTICE OF HEARING as to Southern Union Company Status Conference scheduled for 7/31/2009 at 2:00 PM in Judge Smith Chambers before Judge William E. Smith.(Jackson, Ryan) (Entered: 07/24/2009)
07/31/2009  Minute Entry for proceedings held before Judge William E Smith:In Chambers Conference as to Southern Union Company held on 7/31/2009. Terrence Donnelly and Kevin Cassidy for Government. John Tarantino, Gerald Petros, and Daniel Fetterman (via teleconference) for Defendant. (Smith, Rana) (Entered: 07/31/2009)
07/31/2009  NOTICE OF HEARING DEFENDANT REQUEST as to Southern Union Company Sentencing set for 10/2/2009 at 10:00 AM in Courtroom 2 before Judge William E. Smith.(Smith, Rana) (Entered: 07/31/2009)
09/11/2009140 SENTENCING MEMORANDUM by Southern Union Company (Tarantino, John) (Entered: 09/11/2009)
09/11/2009141 SENTENCING MEMORANDUM by USA as to Southern Union Company (Attachments: # 1 Exhibit 1 - Pawt. Fire Chief Letter to Court, # 2 Exhibit 2 - SEC Filings 2004-2006, # 3 Exhibit 3 - SEC Filings 2007-2009)(Donnelly, Terrence) (Entered: 09/11/2009)
10/01/2009142 SENTENCING MEMORANDUM by USA as to Southern Union Company (Attachments: # 1 Exhibit 1 - Rhodia Judgment, # 2 Exhibit 2 - Exh. 240 Unredacted, # 3 Exhibit 3 - "Mistakes" Memo, # 4 Exhibit 4 - Wells Letter, # 5 Exhibit 5 - Varieur Elementary, # 6 Exhibit 6 - Shea HS, # 7 Exhibit 7 - Prov. Journal Stories)(Donnelly, Terrence) (Entered: 10/01/2009)
10/01/2009143 SENTENCING MEMORANDUM by Southern Union Company (Attachments: # 1 Exhibit Summary chart of expenses for remediation and clean-up, # 2 Exhibit Relevant pages to 2004 10k, # 3 Exhibit Relevant page of 2004 RI FERC Report)(Tarantino, John) (Entered: 10/01/2009)
10/02/2009144 TRANSCRIPT REQUEST for proceedings held on 10/2/2009 before Judge Smith. (Tarantino, John) (Entered: 10/02/2009)
10/02/2009  Minute Entry for proceedings held before Judge William E Smith:Sentencing held on 10/2/2009 for Southern Union Company (1), Count(s) 1. Terrence Donnelly, Kevin Cassidy, Diane Chabot, and Colin L. Black for Government. John Tarantino, Gerald Petros, Patricia Rocha, and Daniel Fetterman, for Defendant. Probation: Heather McLoughlin. All counsel of record present. Executive from Southern Union Company present. Court addresses. Defense counsel address the Court re: defendant's objection to the PSR. Court accepts PSR as drafted. Government addresses the Court as to sentence recommendation. Government requests the Defendant Deposit all Money ordered in the Judgment into the Court Registry. Defense Counsel addresses the court as to sentence recommendation. Defense makes an Oral Motion to Stay the Execution of the Judgment pending Appeal. Court grants Defense's Oral Motion to Stay on all penalties imposed; interest to begin accruing on the fine only. Court denies Government's request for Defendant to Deposit Money into the Court Registry. Company Executive declines allocution. Court imposes a term of 2 years probation as to Count 1 with special conditions. Special Assessment $400.00. Fine imposed in the amount of six million dollars ($6,000,000). Community Service obligation in the amount of twelve million dollars ($12,000,000) interest waived on the community service. Ten exhibits admitted full.(Court Reporter Anne Clayton in Courtroom 2 at 10:10 am.) (Smith, Rana) Modified on 10/5/2009 to add exhibits(Smith, Rana). (Entered: 10/05/2009)
10/02/2009145 EXHIBIT LIST re: Sentencing as to Southern Union Company (Smith, Rana) (Entered: 10/05/2009)
10/02/2009153 ORAL MOTION to Stay Execution of Judgment Pending Determination of Appeal by Southern Union Company. (Smith, Rana) (Entered: 10/16/2009)
10/07/2009146 TRANSCRIPT REQUEST US v. Southern Union Company CR07-134-S by USA for proceedings held on 10/2/2009 before Judge William E. Smith. (Donnelly, Terrence) (Entered: 10/07/2009)
10/07/2009147 JUDGMENT as to Southern Union Company (1), Count(s) 1, Court imposes a term of 2 years probation as to Count 1 with special conditions. Special Assessment $400.00. Fine imposed in the amount of six million dollars ($6,000,000). Community Service obligation in the amount of twelve million dollars ($12,000,000) interest waived on the community service. So Ordered by Judge William E Smith on 10/7/2009. (Smith, Rana) (Entered: 10/07/2009)
10/08/2009148 NOTICE OF APPEAL by Southern Union Company Appeal Record due by 11/9/2009. (Tarantino, John) (Entered: 10/08/2009)
10/08/2009  USCA Appeal Fees received $ 455, receipt number 14670002039 as to Southern Union Company re 148 Notice of Appeal - Final Judgment (Smith, Rana) (Entered: 10/16/2009)
10/09/2009149  APPEAL COVER SHEET Re: 148 Notice of Appeal - Final Judgment filed by Southern Union Company (Smith, Rana) (Entered: 10/09/2009)
10/09/2009150  CLERK'S CERTIFICATE RE: Record on Appeal as to Southern Union Company re 148 Notice of Appeal - Final Judgment (Smith, Rana) (Entered: 10/09/2009)
10/09/2009151 Certified and Transmitted Abbreviated Record on Appeal as to Southern Union Company to US Court of Appeals re 148 Notice of Appeal - Final Judgment (Smith, Rana) (Entered: 10/09/2009)
10/09/2009  USCA Case Number as to Southern Union Company 09-2403 for 148 Notice of Appeal - Final Judgment filed by Southern Union Company. (Smith, Rana) (Entered: 10/09/2009)
10/13/2009152 TRANSCRIPT of Sentencing as to Southern Union Company held on October 2, 2009 before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/3/2009. Redacted Transcript Deadline set for 11/13/2009. Release of Transcript Restriction set for 1/11/2010. (Clayton, Anne) (Entered: 10/13/2009)
10/15/2009154 ORDER granting 153 Oral Motion to Stay as to Southern Union Company (1). So Ordered by Judge William E Smith on 10/15/2009.(Smith, Rana) (Entered: 10/16/2009)
10/19/2009155 Transmitted Supplemental Record on Appeal as to Southern Union Company re 148 Notice of Appeal - Final Judgment (Smith, Rana) (Entered: 10/19/2009)
12/23/2010156 SLIP OPINION of USCA (certified copy) as to Southern Union Company re 148 Notice of Appeal - Final Judgment (Smith, Rana) (Entered: 12/23/2010)
12/23/2010157 JUDGMENT of USCA (certified copy) as to Southern Union Company re 148 Notice of Appeal - Final Judgment - Southern Union Company's conviction and the sentence and financial penalties imposed are affirmed. (Smith, Rana) (Entered: 12/23/2010)
02/28/2011158 MANDATE of USCA (certified copy) as to Southern Union Company re 157 USCA Judgment (Smith, Rana) (Entered: 02/28/2011)
04/13/2011159 STATUS REPORT by USA as to Southern Union Company (Lockhart, Donald) (Entered: 04/13/2011)
12/28/2011160 Appeal transferred to the United States Supreme Court as to Southern Union Company: (Attachments: # 1 Letter to District Court) (Farrell Pletcher, Paula) (Entered: 12/29/2011)
12/28/2011161 NOTICE OF APPEAL TO THE U.S. SUPREME COURT by Southern Union Company re 157 JUDGMENT OF USCA as to 148 Notice of Appeal re 147 JUDGMENT. (Urizandi, Nisshy) (Entered: 01/12/2012)
01/12/2012  Certified and Transmitted Record on Appeal as to Southern Union Company to U.S. Supreme Court re 161 Notice of Appeal of the U.S. Court of Appeals Judgment. (Urizandi, Nisshy) (Entered: 02/08/2012)