CLOSED


UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CRIMINAL DOCKET FOR CASE #: 2:06-cr-00607-DSF-1


Case title: USA v. Union Pacific Railroad Company

Date Filed: 07/31/2006
Date Terminated: 06/12/2008

Assigned to: Judge Dale S. Fischer

Defendant (1)
Union Pacific Railroad Company
TERMINATED: 06/12/2008
represented byCraig C Allison
Stevens and OConnell
400 Capitol Mall, Suite 1400
Sacramento, CA 95814
916-329-9111
Email: cca@stevensandoconnell.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

George L O'Connell
Stevens and O'Connell
400 Capitol Mall, Suite 1400
Sacramento, CA 95814
916-329-9111
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1311(a), 1319(c)(1)(A) WATER POLLUTION
(1)
Defendant placed on Probation for a term of 3 years. Special Assessment of $250. Total Criminal penalty of $400,000. Pay Criminal Fine of $200,000.
33:1311(a), 1319(c)(1)(A) WATER POLLUTION
(4)
Defendant placed on Probation for a term of 3 years. Special Assessment of $250. Total Criminal penalty of $400,000. Pay Criminal Fine of $200,000.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
33:1311(a), 1319(c)(1)(A) WATER POLLUTION
(2-3)
The Court grants the government's motion to dismiss the remaining counts.
33:1311(a), 1319(c)(1)(A) WATER POLLUTION
(5)
The Court grants the government's motion to dismiss the remaining counts.

Highest Offense Level (Terminated)
Misdemeanor

Complaints

Disposition
None


Plaintiff
USA represented byWilliam Wesley Carter
Musick Peeler & Garrett LLP
624 South Grand Avenue
Suite 2100
Los Angeles, CA 90017
213-629-7863
Email: w.carter@mpglaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Dorothy Kim
AUSA - Office of US Attorney
Criminal Div - US Courthouse
312 North Spring Street 12th Floor
Los Angeles, CA 90012-4700
213-894-2434
Fax: 213-894-6269
Email: USACAC.Criminal@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
07/31/2006 INFORMATION filed as to Union Pacific Railroad Company (1) count(s) 1-5. (mb, ) (Entered: 08/02/2006)
07/31/2006CASE SUMMARY filed by AUSA William W. Carter as to Defendant Union Pacific Railroad Company. (mb, ) (Entered: 08/02/2006)
07/31/2006MEMORANDUM filed by Plaintiff USA as to Defendant Union Pacific Railroad Company is seeking authority for an investigative action, being filed on 7/31/2006, not related a matter pending in the Criminal Division of the U. S. Attorneys Office between October 2002 and October 2003, the dates during which Jacqueline Chooljian was Chief of the Criminal Division in the USAO; a matter pending in the Major Frauds Section of the USAO between October 5, 2003 and January 6, 2006, the date on which Jacqueline Chooljian resigned her appointment in the USAO; or a matter in which Jacqueline Chooljian was personally involved or on which she was personally consulted while employed in the USAO. (mb, ) (Entered: 08/02/2006)
07/31/2006MEMORANDUM filed by Plaintiff USA as to Defendant Union Pacific Railroad Company. is seeking authority for an investigative action, being filed on 7/31/2006, not related a matter in which Patrick Walsh was personally involved or on which he was personally consulted while employed in the USAO.(mb, ) (Entered: 08/02/2006)
07/31/2006MEMORANDUM filed by Plaintiff USA as to Defendant Union Pacific Railroad Company. This criminal action, being filed on 7/31/2006, was not related to a matter pending in the Major Frauds Section of the USAO before June 30,2001, the date on which Jennifer T. Lum resigned her appointment in the office; or a matter in which Jennifer T. Lum was personally involved or on which she was personally consulted while employed in the USAO.(mb, ) (Entered: 08/02/2006)
07/31/2006MEMORANDUM filed by Plaintiff USA as to Defendant Union Pacific Railroad Company is seeking authority for an investigative action, being filed on 7/31/2006, not related a matter pending in the Narcotic Section of the USAO before April 20, 1999, the date on which Jeffrey W. Johnson resigned his appointment in that office; or a matter in which Jeffrey W. Johnson was personally involved or on which he was personally consulted while employed in the USAO. (mb, ) (Entered: 08/02/2006)
07/31/2006MEMORANDUM filed by Plaintiff USA as to Defendant Union Pacific Railroad Company. This criminal action, being filed on 7/31/2006, was not pending in the Organized Crime Section of the USAO before September 29, 2000, the date on which Stephen G. Larson resigned his appointment in that office; or in which Stephen G. Larson was personally involved or on which he was personally consulted while employed in the USAO. (mb, ) (Entered: 08/02/2006)
08/21/2006MINUTES OF POST-INDICTMENT ARRAIGNMENT: held before Magistrate Judge Paul L. Abrams as to Union Pacific Railroad Company (1) Count 1-5. Defendant arraigned, states true name: Attorney george O'Connell is arraigned as the Representative On Behalf of the Corporation. Defendant entered not guilty plea to all counts as charged. Attorney: George L O'Connell for Union Pacific Railroad Company, Retained, present. Court orders this case assigned to the calendar of U.S. District Judge Dale S. Fischer. Jury Trial set for 10/17/2006 at 8:00 AM before Judge Dale S. Fischer. Pretrial-Trial Conference, Status Conference set for 8/28/2006 at 8:30 AM before Judge Dale S. Fischer. Court orders notice to counsel and discovery and inspection order issued.Tape #: CS 8/21/06. (ca ) (Entered: 08/23/2006)
08/21/2006STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Union Pacific Railroad Company. (ca ) (Entered: 08/23/2006)
08/21/200610 DESIGNATION AND APPEARANCE OF COUNSEL; filed by George L O'Connell appearing for Union Pacific Railroad Company. (ca) (Entered: 08/23/2006)
08/24/200611 CORPORATE DISCLOSURE STATEMENT filed by Defendant Union Pacific Railroad Company (es ) (Entered: 08/25/2006)
08/28/200612 MINUTES OF Status Conference held before Judge Dale S. Fischer as to Defendant Union Pacific Railroad Company. The case is called and counsel state their appearances. Defense counsel advises the Court that this matter will proceed to trial and requests a continuance of the trial date. The Court directs counsel to lodge an appropriate stipulation and proposed order re excludable time pursuant to the Speedy Trial Act. Court Reporter: Pamela Seijas. (es ) (Entered: 08/30/2006)
08/31/200613 Summons Returned Executed on 8/7/2006 as to Union Pacific Railroad Company. (mb, ) (Entered: 09/05/2006)
09/22/200614 STIPULATION AND ORDER by Judge Dale S. Fischer as to Defendant Union Pacific Railroad Company. Time excluded from 10/17/2006 until 6/11/2007 pursuant to 18:3161(h)(8)(B)(ii) and (iv). Jury Trial set for 6/12/2007 08:00 AM before Judge Dale S. Fischer and that on or before 1/2/2007 defendant shall file any motion for bill of particulars (pj, ) (Entered: 09/25/2006)
12/04/200615 NOTICE of Change of Attorney Information: changing Stevens and O'Connell LLP to 400 Capitol Mall, Suite 1400, Sacramento, CA 95814, changing e-mail and fax number to 916-329-9111; 916-329-9110. for attorney George L. O'Connell. Filed by Defendant Union Pacific Railroad Company. (roz, ) (Entered: 12/11/2006)
12/12/200616 DESIGNATION AND APPEARANCE OF COUNSEL; filed by Craig C Allison appearing for Union Pacific Railroad Company (pj, ) (Entered: 12/19/2006)
01/04/200717 NOTICE OF MOTION AND MOTION for Bill of Particulars Filed by Defendant Union Pacific Railroad Company Motion set for hearing on 1/29/2007 at 08:30 AM before Judge Dale S. Fischer. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion for Bill of Particulars# 2 Declaration of Craig C. Allison in Support of Motion for Bill of Particulars# 3 Exhibit A to Declaration of Craig C. Allison# 4 Proof of Service)(Allison, Craig) (Entered: 01/04/2007)
01/11/200718 Second STIPULATION to Continue Hearing on Motion for Bill of Particulars; Excludable Time under the Speedy Trial Act; and New Trial Date from June 12, 2007 to September 11, 2007 filed by Plaintiff USA as to Defendant Union Pacific Railroad Company (Attachments: # 1 Proposed Order Continuing Hearing on Motion for Bill of particulars; Excludable Time under the Speedy Trial Act; and New Trial Date) (Kim, Dorothy) (Entered: 01/11/2007)
01/12/200719 ORDER CONTINUING HEARING ON MOTION FOR BILL PARTICULARS; EXCLUDABLE TIME UNDER THE SPEEDY TRIAL ACT; AND NEW TRIAL DATE by Judge Dale S. Fischer as to Defendant Union Pacific Railroad Company,, **EXCLUDABLE DELAY** as to Union Pacific Railroad Company. Time excluded from 6/12/07 until 9/11/07 Jury Trial set for 9/11/2007 08:30 AM before Judge Dale S. Fischer. (ab, ) (Entered: 01/13/2007)
01/16/200720 ORDER CONTINUING HEARING ON MOTION FOR BILL OF PARTICULARS; EXCLUDABLE TIME UNDER THE SPEEDY TRIAL ACT AND NEW TRIAL by Judge Dale S. Fischer as to Defendant Union Pacific Railroad Company, re Stipulation to Continue, 18 . Jury Trial continued to 9/11/2007 08:30 AM before Judge Dale S. Fischer. Motion for bill of particular continued on 4/16/2007 at 08:30 AM before Judge Dale S. Fischer. (sm, ) (Entered: 01/16/2007)
03/30/200721 OPPOSITION to MOTION for Bill of Particulars 17 filed by Plaintiff USA as to Defendant Union Pacific Railroad Company. (Kim, Dorothy) (Entered: 03/30/2007)
04/09/200722 REPLY MOTION for Bill of Particulars 17 filed by Defendant Union Pacific Railroad Company. (Allison, Craig) (Entered: 04/09/2007)
04/16/2007  MINUTES OF IN CHAMBERS ORDER: by Judge Dale S. Fischer RE: MOTION for Bill of Particulars 17 . Having considered the parties filings and heard oral argument on April 16, 2007, the Court DENIES Defendants Motion. Court Reporter: Not Present. (cbr, ) (Entered: 04/17/2007)
04/16/200723 MINUTES OF IN CHAMBERS ORDER by Judge Dale S. Fischer : RE: MOTION for Bill of Particulars 17 . Having considered the parties filing and heard oral argument on April 16, 2007 the Court Denies Defendants Motion Court Reporter: Not Present. (cbr, ) (Entered: 04/17/2007)
04/16/200725 MINUTES OF Hearing held before Judge Dale S. Fischer as to Defendant Union Pacific Railroad Company, re MOTION for Bill of Particulars 17 . The Court advises counsel of its tentative ruling and invites oral argument. The Court denies the above-referenced motion and directs counsel to submit the appropriate paperwork to continue the trial date as requested. Court Reporter: Pamela Seijas. (cbr, ) (Entered: 04/18/2007)
04/17/200724 NOTICE OF CLERICAL ERROR, as to Defendant Union Pacific Railroad Company: Due to clerical error no item control number and document was attached to the Minutes Order filed 04/16/07. The Minute Order was re-docketed and was assigned item control number 23. (cbr, ) (Entered: 04/17/2007)
04/20/200726  STIPULATION to Continue TRIAL DATE from SEPTEMBER 11, 2007 to JANUARY 29, 2008 filed by Plaintiff USA as to Defendant Union Pacific Railroad Company (Attachments: # 1 Proposed Order CONTINUING TRIAL DATE) (Kim, Dorothy) (Entered: 04/20/2007)
04/23/200727 ORDER TO CONTINUE Trial; Excludable Time Under the Speedy Trial Act by Judge Dale S. Fischer as to Defendant Union Pacific Railroad Company. The trial date is continued from September 11, 2007, to January 29, 2008, at 8:00 a.m. The Court orders counsel to appear on Monday, January 7th, 2008 at 8:30 a.m. for a Pretrial Status Conference. (cbr, ) (Entered: 04/24/2007)
04/23/2007  Set/Reset Hearings as to Union Pacific Railroad Company: Status Conference set for 1/7/2008 08:30 AM before Judge Dale S. Fischer. (cbr, ) (Entered: 04/24/2007)
12/04/200728  STIPULATION to Continue Trial date from January 29, 2008 to July 8, 2008 filed by Plaintiff Union Pacific Railroad Company, USA as to Defendant Union Pacific Railroad Company (Attachments: # 1 Proposed Order)(Kim, Dorothy) (Entered: 12/04/2007)
12/05/200729 ORDER TO CONTINUE Trial by Judge Dale S. Fischer as to Defendant Union Pacific Railroad Company. The time period from 1/29/2008 to 7/8/2008 should be deemed excludable pursuant to 18 U.S.C. 3161(h)(8)(A) and (B)(iv). Jury Trial is set for 7/8/2008 at 08:00 AM before Judge Dale S. Fischer. A Status Conference is set for 6/23/2008 at 08:30 AM before Judge Dale S. Fischer. (rj) (Entered: 12/07/2007)
04/16/200830 PLEA AGREEMENT filed by Plaintiff USA as to Defendant Union Pacific Railroad Company (Kim, Dorothy) (Entered: 04/16/2008)
05/27/200831 SENTENCING LETTER filed by Defendant Union Pacific Railroad Company (Allison, Craig) (Entered: 05/27/2008)
06/05/200832 RESPONSE to Letter re Sentencing 31 ,filed by Plaintiff USA as to Defendant Union Pacific Railroad Company Non-Opposition to Immediate Sentencing (Kim, Dorothy) (Entered: 06/05/2008)
06/09/200833 MINUTES OF PLEA AND SENTENCING Hearing held before Judge Dale S. Fischer as to Defendant Union Pacific Railroad Company. Defendant sworn. Court questions defendant regarding the plea. The Defendant Union Pacific Railroad Company (1) enters plea of GUILTY and will be sentenced as to Count 1,4 as to defendant Union Pacific Railroad Company (1). The plea is accepted. Defendant waives Presentence Report and is sentenced as follows: Defendant Union Pacific Railroad Company (1), Count(s) 1, 4, Defendant placed on Probation for a term of 3 years. Special Assessment of $250. Total Criminal penalty of $400,000. Pay Criminal Fine of $200,000.; Count(s) 2-3, 5, the Court grants the government's motion to dismiss the remaining counts. Bond Exonerated. Defendant advised of right of appeal. Court Reporter: Mary Rickey. (Attachments: # 1 Minute Order) (sch) (Entered: 06/19/2008)
06/12/200834 JUDGMENT AND COMMITMENT by Judge Dale S. Fischer as to Defendant Union Pacific Railroad Company (1), Count(s) 1, 4, Defendant placed on Probation for a term of 3 years. Special Assessment of $250. Total Criminal penalty of $400,000. Pay Criminal Fine of $200,000.; Count(s) 2-3, 5, The Court grants the government's motion to dismiss the remaining counts. (Case Terminated.) Signed by Judge Judge Dale S. Fischer. (sch) (Entered: 06/19/2008)


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