| CLOSED |
Case title: USA v. WAGNER et al |
Date Filed: 10/04/2005 Date Terminated: 04/18/2006 |
| Assigned to: Terrence F. McVerry | ||
Defendant (2) |
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WAGNER EXCAVATION SERVICES, INC
TERMINATED: 04/18/2006 |
represented by | John J. Zagari
428 Forbes Avenue suite 1609 Pittsburgh, PA 15219 (412) 765-2993 Fax: 412-765-2996 Email: JOHN@ZAGARILAW.COM LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
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| 29 U.S.C. 666(e) and 18 U.S.C. 2 WILLFUL VIOLATION OF OSHA REGULATIONS CAUSING THE DEATH OF AN EMPLOYEE (1) |
3 YEARS PROBATION. A FINE OF $25,000.00 TO BE PAID IN MONTHLY INSTALLMENTS WITHIN THE PROBATION PERIOD. SPECIAL ASSESSMENT $50.00. | |
Highest Offense Level (Opening) |
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| Misdemeanor | ||
Terminated Counts |
Disposition |
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| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
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| None |
Plaintiff |
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| USA | represented by | Brendan T. Conway
United States Attorney's Office 700 Grant Street Suite 4000 Pittsburgh, PA 15219 (412) 644-3500 Email: brendan.conway@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/04/2005 | 1 | INFORMATION as to GLEN WAGNER (1) count(s) 1, WAGNER EXCAVATION SERVICES, INC (2) count(s) 1. (Attachments: # 1 Arraignment Pleas # 2 Criminal Case Information Sheet as to Glen Wagner # 3 Criminal Case Information Sheet as to Wagner Excavation Services, Inc) (ksa) (Entered: 10/05/2005) |
| 10/04/2005 | 2 | INFORMATION Memorandum as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC (ksa) (Entered: 10/05/2005) |
| 10/04/2005 | 4 | REQUEST FOR SUMMONS as to WAGNER EXCAVATION SERVICES, INC to appear for arraignment. Summons issued. Arraignment set for 10/25/2005 09:30 AM in Room 5335 before Robert C. Mitchell. (ksa) (Entered: 10/05/2005) |
| 10/06/2005 | TEXT NOTICE OF HEARING as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC. Waiver and Plea Hearing set for 10/12/2005 02:00 PM in Courtroom 6C before Terrence F. McVerry. Text only entry; no PDF document will issue.(kll) (Entered: 10/06/2005) | |
| 10/11/2005 | 5 | NOTICE OF ATTORNEY APPEARANCE: John J. Zagari appearing for GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC (Zagari, John) (Entered: 10/11/2005) |
| 10/12/2005 | Text Minute Entry for proceedings held before Judge Terrence F. McVerry: Plea Agreement Hearing as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC held on 10/12/2005, Guilty Plea entered by GLEN WAGNER (1) Guilty Count 1 and WAGNER EXCAVATION SERVICES, INC (2) Guilty Count 1. Defendant sworn, OR Bond, PSI Ordered, Plea Agreement Admitted as Exhibit 1, Sentence 1/13/2006 at 9:00 AM. Text only entry; no PDF document will issue. (Court Reporter Patricia Sherman.) (kll) Modified on 11/9/2005 to correct typos (ksa). (Entered: 10/12/2005) | |
| 10/12/2005 | 6 | PLEA AGREEMENT as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC. (kll) (Entered: 10/12/2005) |
| 10/12/2005 | 7 | Guilty PLEA ENTERED as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC. (kll) (Entered: 10/12/2005) |
| 10/12/2005 | 8 | OR Appearance Bond Entered as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC. (kll) (Entered: 10/12/2005) |
| 10/12/2005 | TEXT NOTICE OF HEARING as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC Sentencing set for 1/13/2006 09:00 AM in Courtroom 6C before Terrence F. McVerry. Text only entry; no PDF document will issue.(kll) (Entered: 10/12/2005) | |
| 12/14/2005 | 12 | POSITION WITH RESPECT TO SENTENCING FACTORS by USA as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC (Conway, Brendan) (Entered: 12/14/2005) |
| 12/21/2005 | 13 | MOTION for Extension of Time to File Defendants' Position with Respect to Sentencing Factors by GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC. (Attachments: # 1 Proposed Order)(Zagari, John) (Entered: 12/21/2005) |
| 12/21/2005 | 14 | MOTION to Continue Sentencing by GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC. (Attachments: # 1 Proposed Order)(Zagari, John) (Entered: 12/21/2005) |
| 12/22/2005 | TEXT ORDER granting 13 Motion for Extension of Time as to GLEN WAGNER (1), WAGNER EXCAVATION SERVICES, INC (2). Defendant's Position Regarding Sentencing Factors is due 3/23/2006. Text only entry; no PDF document will issue. This text only entry constitutes the Court's order on the matter. Signed by Judge Terrence F. McVerry on 12/22/2005. (kll) (Entered: 12/22/2005) | |
| 12/22/2005 | TEXT ORDER granting 14 Motion to Continue as to GLEN WAGNER (1), WAGNER EXCAVATION SERVICES, INC (2). Sentencing reset from 1/13/2006 at 9:00 AM to 4/13/2006 09:00 AM in Courtroom 6C before Terrence F. McVerry. Text only entry; no PDF document will issue. This text only entry constitutes the Court's order on the matter. Signed by Judge Terrence F. McVerry on 12/22/2005. (kll) Modified on 1/10/2006 to correct typo (ksa). (Entered: 12/22/2005) | |
| 02/28/2006 | 16 | POSITION WITH RESPECT TO SENTENCING FACTORS by WAGNER EXCAVATION SERVICES, INC (Zagari, John) (Entered: 02/28/2006) |
| 04/10/2006 | 17 | ORDER OF COURT as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC. re: 15 Position with respect to sentencing factors, 16 Position with respect to sentencing factors. The Court has determined that the factual matters disputed by Defendant Glen Wagner in Paragraphs 3-6 of his Presentence Investigation Report are immaterial and no finding is necessary because the controverted matters will not be taken into account in determining Defendant's sentence. Signed by Judge Terrence F. McVerry on 4/10/06. (jcm) (Entered: 04/10/2006) |
| 04/13/2006 | Text Minute Entry for proceedings held before Judge Terrence F. McVerry: Sentencing held on 4/13/2006 for GLEN WAGNER (1), Count 1, 3 YEARS PROBATION WITH 6 MONTHS OF HOME DETENTION WITH ELECTRONIC MONITORING. A FINE OF $25,000.00 TO BE PAID WITHIN 6 MONTHS. INTEREST IS WAIVED ON THE FINE. SPECIAL ASSESSMENT $10.00.; WAGNER EXCAVATION SERVICES, INC (2), Count 1, 3 YEARS PROBATION. A FINE OF $25,000.00 TO BE PAID IN MONTHLY INSTALLMENTS WITHIN THE PROBATION PERIOD. SPECIAL ASSESSMENT $50.00. Defendant sworn. Witness Frank DeAugustine, Jr. Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter. (Court Reporter Patricia Sherman.) (kll) Modified on 4/27/2006 to correct typo (ksa). (Entered: 04/13/2006) | |
| 04/18/2006 | 19 | JUDGMENT as to WAGNER EXCAVATION SERVICES, INC (2), Count 1, 3 YEARS PROBATION. A FINE OF $25,000.00 TO BE PAID IN MONTHLY INSTALLMENTS WITHIN THE PROBATION PERIOD. SPECIAL ASSESSMENT $50.00. Signed by Judge Terrence F. McVerry on 4/18/2006. (kll) (Entered: 04/18/2006) |
| 04/18/2006 | ***Terminated Case (kll) (Entered: 04/18/2006) | |
| 07/01/2009 | 23 | PETITION FOR PROBATION/SUPERVISED RELEASE ACTION - as to WAGNER EXCAVATION SERVICES, INC. (ksa) (Entered: 07/01/2009) |
| 07/02/2009 | 24 | ORDER granting 23 Petition for Probation as to WAGNER EXCAVATION SERVICES, INC. The term of probation imposed is allowed to expire nunc pro tunc effective April 12, 2009, with the fine due and owing and the case be closed. Signed by Judge Terrence F. McVerry on 07/02/09. (bsc) Modified on 7/6/2009. (jsp) Modified on 7/7/2009. (tt) (Entered: 07/02/2009) |