CLOSED

U. S. District Court
Western District of Arkansas (Texarkana)
CRIMINAL DOCKET FOR CASE #: 4:09-mj-04001-BAB All Defendants


Case title: USA v. Tyson Foods, Inc. et al

Date Filed: 01/06/2009
Date Terminated: 06/18/2009

Assigned to: Honorable Barry A. Bryant

Defendant (1)
Tyson Foods, Inc.
TERMINATED: 06/18/2009
represented byP. K. Holmes , III
Warner, Smith & Harris PLC
P.O. Box 1626
Fort Smith, AR 72902-1626
(479) 782-6041
Email: pkholmes@warnersmith.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
29 USC 666(e) - WILLFUL VIOLATION OF OSHA STANDARDS CAUSING DEATH TO EMPLOYEE
(1)
One (1) Year Unsupervised Probation; $500,000.00 Fine, $50.00 Special Assessment

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Honorable Barry A. Bryant

Defendant (2)
Tyson Poultry, Inc.
TERMINATED: 06/18/2009
doing business as
River Valley Animal Foods
TERMINATED: 06/18/2009
represented byP. K. Holmes , III
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
29 USC 666(e) - WILLFUL VIOLATION OF OSHA STANDARDS CAUSING DEATH TO EMPLOYEE
(1)
One (1) Year Unsupervised Probation; $500,000.00 Fine, $50.00 Special Assessment

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byDavid R. Ferguson
U.S. Attorney's Office
P.O. Box 1524
Fort Smith, AR 72902
(479) 783-5125
Fax: (479) 441-0569
Email: david.ferguson@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Katrina E. Spencer
United States Attorney's Office
P.O. Box 1524
Fort Smith, AR 72902
(479) 783-5125
Fax: (479) 785-2442
Email: Karen.S.Gentry@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
01/06/20091INFORMATION as to Tyson Foods, Inc. (1) count(s) 1, Tyson Poultry, Inc. (2) count(s) 1. (dkg) (Entered: 01/06/2009)
01/06/2009  Attorney update in case as to Tyson Foods, Inc., Tyson Poultry, Inc.. Attorney P. K. Holmes, III for Tyson Foods, Inc. and Tyson Poultry, Inc. added. (dkg) (Entered: 01/06/2009)
01/06/20092Minute Entry for proceedings held before Honorable Barry A. Bryant:Arraignment as to Tyson Foods, Inc. (1) Count 1 and Tyson Poultry, Inc. (2) Count 1 held on 1/6/2009; Attorney Katrina E. Spencer for USA, P. K. Holmes, III for Tyson Foods, Inc. and Tyson Poultry, Inc. present. Information filed. Plea Agreement Hearing as to Tyson Foods, Inc., Tyson Poultry, Inc. held on 1/6/2009, Plea entered by Tyson Foods, Inc. (1) Guilty Count 1 and Tyson Poultry, Inc. (2) Guilty Count 1. Sentencing deferred pending preparation of presentence report. (Court Reporter Danita Gallagher, ECRO)(Tape No. 09-01) (dkg) (Entered: 01/06/2009)
01/06/20093CONSENT TO TRIAL BEFORE US MAGISTRATE JUDGE by Tyson Foods, Inc., Tyson Poultry, Inc. (dkg) (Entered: 01/06/2009)
01/06/20094PLEA AGREEMENT as to Tyson Foods, Inc., Tyson Poultry, Inc. (dkg) (Entered: 01/06/2009)
05/13/20095ORDER Setting/Resetting Hearings as to Tyson Foods, Inc., Tyson Poultry, Inc.: Sentencing set for 6/12/2009 01:30 PM in Texarkana -- 3rd flr (AR side) before Honorable Barry A. Bryant.. Signed by Honorable Barry A. Bryant on May 13, 2009. (dkg) (Entered: 05/13/2009)
06/12/20096Minute Entry for proceedings held before Honorable Barry A. Bryant:Sentencing as to Tyson Foods, Inc., Tyson Poultry, Inc. held on 6/12/2009. (Court Reporter Danita Gallagher, ECRO)(Tape No. 09-38) (dkg) (Entered: 06/18/2009)
06/12/2009  PRESENTENCE INVESTIGATION REPORT (Sealed) as to Tyson Foods, Inc., Tyson Poultry, Inc.

This is a text only entry - no document is attached. THE ORIGINAL IS FILED UNDER SEAL WITH THE COURT.

(dkg) (Entered: 06/18/2009)
06/17/2009  FINANCIAL ENTRY: Received payment, via wire transfer to First National Bank of Fort Smith, of fine and special assessment pursuant to judgment signed on June 16, 2009, by the Honorable Barry A Bryant, U S Magistrate Judge. Receipt 46102004201, dated 6/17/09, in the amount of $500,050.00 (gh) (Entered: 06/17/2009)
06/18/20097JUDGMENT as to Tyson Foods, Inc. (1), Count(s) 1, One (1) Year Unsupervised Probation; $500,000.00 Fine, $50.00 Special Assessment; Tyson Poultry, Inc. (2), Count(s) 1, One (1) Year Unsupervised Probation; $500,000.00 Fine, $50.00 Special Assessment. Signed by Honorable Barry A. Bryant on June 16, 2009. (cap) (Entered: 06/18/2009)
10/05/20098SATISFACTION OF JUDGMENT by USA (Ferguson, David) Noted in Law Record, Volume Z, page 481. Modified on 10/6/2009 to add volume and page (cap). (Entered: 10/05/2009)