CLOSED

United States District Court
Southern District of West Virginia (Charleston)
CRIMINAL DOCKET FOR CASE #: 2:06-cr-00114-1


Case title: United States of America v. White Buck Coal Company

Date Filed: 05/16/2006
Date Terminated: 12/06/2007

Assigned to: Judge John T. Copenhaver, Jr.

Defendant (1)
White Buck Coal Company
TERMINATED: 12/06/2007
represented byPatrick J. Slevin
PATTON BOGGS
2550 M Street, NW
Washington, DC 20037-1350
202/457-6000
Fax: 202/457-6315
Email: pslevin@pattonboggs.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jill Cranston Bentz
SPILMAN THOMAS & BATTLE
P. O. Box 273
Charleston, WV 25321-0273
304/357-0900
Fax: 357-0919
Email: jill.bentz@dinslaw.com
TERMINATED: 02/22/2007
Designation: Retained

Neva G. Lusk
SPILMAN THOMAS & BATTLE
P. O. Box 615
Morgantown, WV 26504-0615
304/340-3800
Fax: 304/340-3801
Email: nlusk@spilmanlaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Robert D. Luskin
Patton Boggs, LLP
2550 M. Street, NW
Washington, DC 20037
202/457-6000
Fax: 202/457-6315
Email: rluskin@pattonboggs.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
FALSE STATEMENTS AND REPRESENTATIONS
(1ss)
Dismissed on government's motion.
PENALTIES (IF PRIOR) - 2ND OFFENSE
(2ss)
1 year probation; $125.00 special assessment; $50,000 fine.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
FALSE STATEMENTS AND REPRESENTATIONS
(1)
Dismissed.
FALSE STATEMENTS AND REPRESENTATIONS
(1s)
Dismissed.
Failure to make adequate preshift examinations.
(2)
Dismissed.
Willfully violated the mandatory safety standard by failing to make an adequate preshift exam
(2s)
Dismissed. Dismissed.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
United States of America represented byHunter P. Smith , Jr.
U. S. ATTORNEY'S OFFICE
P. O. Box 1713
Charleston, WV 25326-1713
304/345-2200
Fax: 347-5104
Email: hunter.smith@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/16/20061INDICTMENT as to White Buck Coal Company counts 1, 2. (tmr)
05/16/20063ORDER as to White Buck Coal Company Arraignment and Initial Appearance set for 5/25/2006 10:00 AM before Magistrate Judge Mary E. Stanley. Signed by Magistrate Judge Mary E. Stanley on 5/16/2006. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
05/16/2006  CASE as to White Buck Coal Company assigned to Judge John T. Copenhaver, Jr. (ras) (Entered: 05/17/2006)
06/06/20065RESPONSE by United States of America TO STANDARD DISCOVERY REQUESTS by White Buck Coal Company and REQUEST by USA for Reciprocal Discovery. (Smith, Hunter)
06/06/20066SEALED DOCUMENT. (taq)
06/06/20067ORDER as to White Buck Coal Company granting the government's motion for authorization to disclose specified grand jury testimony; said information is provided subject to the provisions of Rule 6(e), FRCrP; directing that the motion in this matter be SEALED . Signed by Judge John T. Copenhaver, Jr. on 6/6/2006. (cc: Judge, USA, counsel) (taq) Modified on 6/7/2006 (Kirkpatrick, Judy).
06/09/20068SUPPLEMENTAL RESPONSE by United States of America TO STANDARD DISCOVERY REQUESTS by White Buck Coal Company and REQUEST of the United States for Reciprocal Discovery. (Smith, Hunter) Modified on 6/12/2006 to add docket text. (Kirkpatrick, Judy).
06/09/20069MOTION to Continue as to White Buck Coal Company. (Lusk, Neva)
06/14/200610MOTION for Bill of Particulars as to White Buck Coal Company. (Bentz, Jill)
06/14/200611MOTION for Disclosure as to White Buck Coal Company. (Bentz, Jill)
06/14/200612MOTION for Disclosure as to White Buck Coal Company. (Bentz, Jill)
06/14/200613MOTION to Extend Time to File as to White Buck Coal Company. (Bentz, Jill)
06/16/200614RESPONSE by United States of America as to White Buck Coal Company to 9 MOTION to Continue as to White Buck Coal Company. (Smith, Hunter)
06/23/200615RESPONSE by United States of America as to White Buck Coal Company to 10 MOTION for Bill of Particulars as to White Buck Coal Company. Response of the United States to Defendant's Motion for Bill of Particulars (Smith, Hunter)
06/23/200616RESPONSE by United States of America as to White Buck Coal Company to 11 MOTION for Disclosure as to White Buck Coal Company. Response of the United States to Defendant's Motion for Early Production of Witness Statements (Smith, Hunter)
06/23/200617RESPONSE by United States of America as to White Buck Coal Company to 12 MOTION for Disclosure as to White Buck Coal Company. Response of the United States to Defendant's Motion to Require the Disclosure of All Exculpatory Evidence (Smith, Hunter)
06/23/200618RESPONSE by United States of America as to White Buck Coal Company to 13 MOTION to Extend Time to File as to White Buck Coal Company. Response of the United States to Defendant's Motion to Reserve Its Right to File Further Motions Out of Time (Smith, Hunter)
06/23/200619CERTIFICATE OF SERVICE by United States of America as to White Buck Coal Company re 16 Response to Motion, (Smith, Hunter)
06/29/200620STATUS CONFERENCE as to White Buck Coal Company held by Judge John T. Copenhaver, Jr. on 6/26/2006; Court Reporter: Barbara Steinke. (rap)
07/07/200622ORDER as to White Buck Coal Company; upon motion of the USA for authorization to disclose specified grand jury materials; finding that the disclosure of the same to counsel for defts is necessary as an aid in preparation for trial; authorizing US Atty to disclose the specified grand jury materials to counsel for defts; court places certain restrictions on the use of grand jury materials; directing that the motion be sealed. Signed by Judge John T. Copenhaver, Jr. on 7/7/2006. (cc: Judge, USA, counsel) (mkw) Modified on 7/10/2006 (Kirkpatrick, Judy).
07/11/200623MOTION HEARING held by Judge John T. Copenhaver, Jr. on 7/10/2006; Court Reporter: Barbara Steinke. (rap)
07/11/200624ORDER granting 9 MOTION to Continue trial by White Buck Coal Company; trial reset to 10/30/06 @ 9:30 a.m.; time is excludable from 7/31/06 to 10/30/06, pursuant to 18 USC 3161(h)(8)(A) and (B)(iv). Signed by Judge John T. Copenhaver, Jr. on 7/11/2006. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
07/12/200625NOTICE OF CHANGE OF ATTORNEY INFORMATION by Neva G. Lusk as to White Buck Coal Company. (tmr)
07/18/200626ORDER as to White Buck Coal Company; upon telephonic hearing held 7/10/06; the court addressed defendant's pending pre-trial motions; the court made such rulings as are reflected on the record . Signed by Judge John T. Copenhaver, Jr. on 7/18/2006. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
08/10/200627MOTION to Dismiss as to White Buck Coal Company. (Lusk, Neva)
08/14/200628SUPPLEMENTAL RESPONSE TO STANDARD DISCOVERY REQUESTS by United States of America AND REQUEST FOR RECIPROCAL DISCOVERY as to White Buck Coal Company (Smith, Hunter)
08/15/200629RESPONSE by United States of America as to White Buck Coal Company to 27 MOTION to Dismiss as to White Buck Coal Company. (Smith, Hunter)
08/18/200630SUPPLEMENTAL RESPONSE TO STANDARD DISCOVERY REQUESTS by United States of America AND REQUEST FOR RECIPROCAL DISCOVERY as to White Buck Coal Company (Smith, Hunter)
08/22/200631SUPERSEDING INDICTMENT as to White Buck Coal Company count 1s, 2s. (tmr) (Entered: 08/23/2006)
08/23/200633ORDER as to White Buck Coal Company; Arraignment set for 9/7/2006 02:00 PM before Magistrate Judge Mary E. Stanley. Signed by Magistrate Judge Mary E. Stanley on 8/23/2006. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
08/23/200634ARRAIGNMENT as to White Buck Coal Company (1) Count 1,2 of original Indictment held by Magistrate Judge Mary E. Stanley on 05/25/2006; Court Reporter: CourtFlow. (rap)
08/23/200635ARRAIGNMENT ORDER AND STANDARD DISCOVERY REQUESTS as to White Buck Coal Company Arraignment Held on 5/25/2006; Jury Trial set for 7/31/2006 at 09:30 AM in Charleston before Judge John T. Copenhaver, Jr. Pretrial motions hearing set on 7/11/2006 at 02:30 in Charleston; Pretrial motions due by 7/5/2006; Proposed voir dire questions and jury instructions due by 7/21/2006. Signed by Magistrate Judge Mary E. Stanley on 5/25/2006. (Note: This order incorrectly filed on entry date in Cr. No. 2:06-cr-99.) (cc: Judge, USA, USP, USM, counsel, deft) (rap)
09/07/200637ARRAIGNMENT held by Magistrate Judge Mary E. Stanley on 9/7/2006; Court Reporter: Courtflow. (taj)
09/07/200638ARRAIGNMENT ORDER AND STANDARD DISCOVERY REQUESTS as to White Buck Coal Company; Arraignment Held on 9/7/2006; Jury Trial set for 10/30/2006 at 09:30 AM before Judge John T. Copenhaver, Jr.; Pretrial motions hearing set on 10/12/2006 at 02:00 in Charleston; Pretrial motions due by 10/5/2006; Expert Witness List due by 10/27/2006; Proposed voir dire questions and jury instructions due by 10/20/2006. Signed by Magistrate Judge Mary E. Stanley on 9/7/2006. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
09/20/200639WAIVER OF RIGHT TO TRIAL BY JURY by White Buck Coal Company (Lusk, Neva)
09/28/200640RESPONSE by United States of America as to White Buck Coal Company to 39 Waiver of Trial by Jury (Smith, Hunter)
10/04/200641MOTION TO SEAL Motion to File Under Seal as to White Buck Coal Company. (Lusk, Neva)
10/04/200642MOTION TO SEAL Motion in Limine as to White Buck Coal Company. (Lusk, Neva)
10/04/200643MOTION TO SEAL Memorandum in Support of Motion in Limine as to White Buck Coal Company. (Lusk, Neva)
10/04/200644MOTION TO SEAL Motion to Dismiss as to White Buck Coal Company. (Attachments: # 1 Exhibit(s) A through T) (Lusk, Neva)
10/04/200645MOTION TO SEAL Memorandum in Support of Motion to Dismiss as to White Buck Coal Company. (Lusk, Neva)
10/04/200646MOTION in Limine as to White Buck Coal Company to Preclude Reference to Uncharged Affiliates of White Buck and Discussion of the Aracoma and Sago Mine Accidents. (Lusk, Neva) Modified on 10/5/2006 to describe motion. (Kirkpatrick, Judy).
10/11/200647MOTION TO SEAL Supplement to White Buck Coal Company's Motion to Dismiss the Indictment for Prejudicial Pre-Indictment Delay as to White Buck Coal Company. (Attachments: # 1 Exhibit U) (Lusk, Neva) Modified on 10/12/2006 to clarify description of attachment. (Kirkpatrick, Judy).
10/11/200648NOTICE Notice of Intent to Present Evidence At Pretrial Hearing on Motions as to White Buck Coal Company (Smith, Hunter)
10/11/200649RESPONSE by United States of America as to White Buck Coal Company to 46 MOTION in Limine as to White Buck Coal Company. (Smith, Hunter) Modified on 10/12/2006 to delete duplicate party name. (Kirkpatrick, Judy).
10/11/200650MOTION by United States of America TO SEAL Response of the United States to Defendant's Motion to Dismiss the Indictment for Prejudicial Pre-Indictment Delay as to White Buck Coal Company. (Smith, Hunter)
10/11/200651MOTION by United States of America TO SEAL Response of the United States to Defendant's Motion in Limine to Exclude Evidence as to White Buck Coal Company. (Smith, Hunter)
10/11/200652MOTION by United States of America TO SEAL Motion of United States to Determine Conflict of Interest as to White Buck Coal Company. (Attachments: # 2 Exhibit B) (Smith, Hunter) Modified on 10/12/2006 to identify attachments. (Kirkpatrick, Judy).
10/12/200653MOTION by United States of America TO SEAL its 51 Response to Defendant's Motion in Limine to Exclude Evidence. (skh)
10/12/200654MOTION by United States of America TO SEAL its 52 Motion to Determine Conflict of Interest. (skh)
10/13/200655MOTION TO SEAL White Buck Coal Company's Motion to File Under Seal as to White Buck Coal Company. (Attachments: # 1 Exhibit(s) Exhibit 1 Reply to Government's Responses to White Buck's Motion to Dismiss Indictment for Prejudicial Pre-Indictment Delay and Motion In Limine to Exclude Evidence# 2 Exhibit(s) Exhibit A Letter from AUSA Hunter P. Smith Jr. to Neva G. Lusk, Esq.) (Lusk, Neva)
10/19/200656MOTION by United States of America For Early Production Pursuant to Rule 17(c)(1) as to White Buck Coal Company. (Attachments: # 1 Exhibit A; # 2 Proposed Order) (Smith, Hunter) Modified on 10/20/2006 to add description of Attachment #1 and to replace incomplete image of motion. (Kirkpatrick, Judy). Additional attachment(s) added on 10/20/2006 (Kirkpatrick, Judy).
10/19/200657SUPPLEMENTAL RESPONSE TO STANDARD DISCOVERY REQUESTS by United States of America AND REQUEST FOR RECIPROCAL DISCOVERY as to White Buck Coal Company (Smith, Hunter)
10/20/200658SUPPLEMENTAL RESPONSE TO STANDARD DISCOVERY REQUESTS by United States of America AND REQUEST FOR RECIPROCAL DISCOVERY as to White Buck Coal Company (Smith, Hunter)
10/20/200659LETTER to Clerk, from Neva G. Lusk dated 10/20/2006, re: technology services for trial. (tmr)
10/20/200660PROPOSED JURY INSTRUCTIONS by White Buck Coal Company (Lusk, Neva)
10/20/200661PROPOSED VOIR DIRE by White Buck Coal Company (Lusk, Neva)
10/20/200662MOTION TO SEAL as to White Buck Coal Company. (Attachments: # 3 Exhibit 2 Transcript of Conversation Between Wine and McClung, Updates, at pages 4 and 10) (Lusk, Neva) Modified on 10/23/2006 for clarification of description of attachments. (Kirkpatrick, Judy).
10/20/200663MOTION TO SEAL as to White Buck Coal Company. (Attachments: # 1 Exhibit 1, White Buck Coal Company's Motion in Limine to Exclude Evidence) (Lusk, Neva) Modified on 10/23/2006 to correct description of attachment. (Kirkpatrick, Judy).
10/20/200664MOTION TO SEAL as to White Buck Coal Company. (Attachments: # 1 Exhibit 1 Memorandum of Points and Authorities in Support of White Buck Coal Company's Motion in Limine to Exclude Evidence) (Lusk, Neva) Modified on 10/23/2006 to correct description of attachment. (Kirkpatrick, Judy).
10/20/200665DISCLOSURES Pursuant to Rule 26.2 as to White Buck Coal Company. (Attachments: # 2 Exhibit B, Reprimand Letter from Dave Hughart) (Lusk, Neva) Modified on 10/23/2006 to correct description of attachments. (Kirkpatrick, Judy). Modified on 12/21/2006 to correct title of document. (Kirkpatrick, Judy).
10/23/200666PROPOSED JURY INSTRUCTIONS by United States of America as to White Buck Coal Company (Smith, Hunter)
10/23/200667PROPOSED VOIR DIRE by United States of America as to White Buck Coal Company (Smith, Hunter)
10/24/200668MOTION to Continue Trial Date as to White Buck Coal Company. (Lusk, Neva)
10/24/200669RESPONSE by United States of America as to White Buck Coal Company to 68 MOTION to Continue Trial Date as to White Buck Coal Company. (Smith, Hunter)
10/26/200670ORDER granting 68 MOTION to Continue trial by White Buck Coal Company; trial reset for 12/4/06 @ 9:30 a.m.; time is excludable from 10/24/06 To 12/4/06, pursuant to 18 USC 3161(h)(8)(A) and (B)(iv); directing that the trial subpoenas are continued to 12/4/06 . Signed by Judge John T. Copenhaver, Jr. on 10/26/2006. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
10/27/200671MOTION TO SEAL as to White Buck Coal Company. (Attachments: # 2 Exhibit 1 - Jones Testimony) (Lusk, Neva) Modified on 10/30/2006 to correct description of attachments. (Kirkpatrick, Judy).
10/27/200672MOTION TO SEAL as to White Buck Coal Company. (Attachments: # 1 - White Buck Coal Company's Second Supplement in Support of Its Motion to Dismiss the Indictment for Prejudicial Pre-Indictment Delay; # 2 Exhibit U-1) (Lusk, Neva) Modified on 10/30/2006 to correct description of attachments. (Kirkpatrick, Judy).
10/31/200673STATEMENT OF VISITING ATTORNEY AND DESIGNATION OF LOCAL COUNSEL: Robert D. Luskin APPEARING FOR White Buck Coal Company. (tmr)
11/02/200674ORDER denying as moot United State's 56 MOTION For Early Production Pursuant to Rule 17(c)(1) as to White Buck Coal Company. Signed by Judge John T. Copenhaver, Jr. on 11/2/2006. (cc: Judge, USA, USP, USM, counsel, deft) (mkw) Modified on 11/2/2006 (Kirkpatrick, Judy).
11/06/200675MOTION by United States of America TO SEAL Reply of the United States to White Buck's Response to Motion of United States to Determine Conflict of Interest as to White Buck Coal Company. (Attachments: # 1 Reply) (Smith, Hunter) Modified on 11/7/2006 to describe attachment. (Kirkpatrick, Judy).
11/06/200676MOTION by United States of America Motion Regarding Pleadings Filed Under Seal as to White Buck Coal Company. (Attachments: # 1 Exhibit A) (Smith, Hunter) Modified on 11/7/2006 to describe attachment. (Kirkpatrick, Judy).
11/08/200677SECOND SUPERSEDING INDICTMENT as to White Buck Coal Company counts 1ss, 2ss. (mkw)
11/09/200679ORDER as to White Buck Coal Company; Arraignment set for 11/20/2006 at 10:00 AM in Charleston before Magistrate Judge Mary E. Stanley. Signed by Magistrate Judge Mary E. Stanley on 11/9/2006. (cc: Judge, USA, USP, USM, counsel, deft) (taq)
11/09/200681ORDER as to White Buck Coal Company; directing that the defendant is to respond by 11/14/06 to the govt's 76 motion regarding pleadings filed under seal in this action . Setting evidentiary hearing for 11/21/06 at 9:30 a.m. in Charleston. Signed by Judge John T. Copenhaver, Jr. on 11/9/2006. (cc: Judge, USA, counsel) (mkw) Modified on 11/13/2006 to add date and time of evidentiary hearing (Proctor, Rebecca).
11/09/2006  SET/RESET HEARINGS as to White Buck Coal Company: Evidentiary Hearing set for 11/21/2006 09:30 AM in Charleston before Judge John T. Copenhaver, Jr. (rap) (Entered: 11/13/2006)
11/13/200682RETURN OF SERVICE ON SUBPOENA for William E. Wine. (Lusk, Neva)
11/13/200683MOTION to Produce as to White Buck Coal Company. (Attachments: # 2 Exhibit(s) Exhibit B - Subpoena for William E. ("Eddie") Wine) (Lusk, Neva)
11/14/200684RESPONSE by United States of America as to White Buck Coal Company to 83 MOTION to Produce as to White Buck Coal Company. (Smith, Hunter)
11/14/200685RESPONSE by White Buck Coal Company to 76 MOTION by United States of America Motion Regarding Pleadings Filed Under Seal as to White Buck Coal Company. (Lusk, Neva)
11/15/200686ORDER granting as moulded deft's 83 MOTION for early production as to White Buck Coal Company; directing that William E. Wine is required to produce by 11/20/06 those documents commanded for production in the 11/8/06 subpoena attached as exhibit B to said motion; the place of production shall be the address listed in exhibit B; upon receipt of the subpoenaed items, the Clerk is directed to notify counsel for the parties and permit them to inspect the materials if they so desire. Signed by Judge John T. Copenhaver, Jr. on 11/15/2006. (cc: counsel; Mr. Wine) (taq)
11/16/200687REPLY by United States of America as to White Buck Coal Company re 1 Amended List of Pleadings Filed Under Seal) (Smith, Hunter) Modified on 11/17/2006 to describe attachment. (Kirkpatrick, Judy).
11/17/200688MOTION TO SEAL Memorandum of Law on White Buck's Proposal Regarding the Examination of Government Witness as to White Buck Coal Company. (Attachments: # 1 Exhibit A) (Lusk, Neva) Modified on 11/20/2006 to describe document to be sealed and to correct description of attachment. (Kirkpatrick, Judy).
11/20/200689ORDER as to White Buck Coal Company; upon hearing held 11/20/06; a voluntary Not Guilty plea to the indictment was entered for the defendant by counsel; Jury Trial set for 12/4/2006 at 09:30 AM before Judge John T. Copenhaver, Jr. pretrial motions hearing and any other deadlines will be set by Judge Copenhaver's staff at a later time. Signed by Magistrate Judge Mary E. Stanley on 11/20/2006. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
11/20/200690ARRAIGNMENT as to White Buck Coal Company; Count 1ss, 2ss held by Judge Mary E. Stanley on 11/20/2006; Court Reporter: Courtflow. (tmr)
11/22/200691REPLY by White Buck Coal Company (Lusk, Neva)
11/27/200692MOTION by United States of America TO SEAL Response of the United States to Defendant's Motion in Limine to Exclude Evidence as to White Buck Coal Company. (Attachments: # 1 Response of the United States to Motion in Limine to Exclude Evidence) (Smith, Hunter) Modified on 11/28/2006 to describe attachment. (Kirkpatrick, Judy).
11/27/200693STIPULATION as to White Buck Coal Company by White Buck Coal Company, United States of America (Smith, Hunter)
11/27/200694JOINT MOTION by White Buck Coal Company, United States of America to Continue as to White Buck Coal Company. (Lusk, Neva)
11/29/200695ORDER granting parties' 94 MOTION to Continue trial as to White Buck Coal Company;trial reset for 1/22/07 @ 9:30 a.m.; evidentiary hearing set for 12/7/06 @ 9:30 a.m.; time is excludable from 12/4/07 to 1/22/07, pursuant to 18 USC 3161(h)(8)(A) and (B)(iv); trial subpoenas continued to 1/22/07. Signed by Judge John T. Copenhaver, Jr. on 11/29/2006. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
11/29/200696MEMORANDUM OPINION AND ORDER as to White Buck Coal Company; directing government to ascertain the identities of those individuals whose grand jury testimony would be made public as a result of an unsealing order; further directing government to contact the identified individuals, their lawyers if they are or were represented by counsel, no later than 12/6/06; further directing that any identified individuals who desire to be heard be further advised by the government that they must respond in writing to the court with their concerns, seeking a sealing order if they so desire, no later than 12/13/06. Signed by Judge John T. Copenhaver, Jr. on 11/29/2006. (cc: Judge, USA, counsel, deft) (tmr)
12/07/200697STATEMENT OF VISITING ATTORNEY from Patrick J. Slevin as to White Buck Coal Company and Designation of Local Counsel: Neva G. Lusk. (taq)
12/07/200698PRO HAC VICE FEE in the sum of $50.00 received from Patrick J. Slevin as to White Buck Coal Company. Receipt Number 19682. (cc: Administrative Services) (taq)
12/07/200699MOTION HEARING as to White Buck Coal Company held by Judge John T. Copenhaver, Jr. on 12/7/2006; Court Reporter: Barbara Steinke. (rap)
12/08/2006100Order as to White Buck Coal Company; upon hearing held 12/7/06; directing that the following document numbers be unsealed as more fully set forth herein, #'s 62 ; directing that each of the motions to seal associated with the aforementioned documents are denied. Signed by Judge John T. Copenhaver, Jr. on 12/8/2006. (cc: Judge, USA, USP, USM, counsel) (tmr) Modified on 12/11/2006 (Kirkpatrick, Judy).
12/08/2006101TRANSCRIPT OF PROCEEDINGS as to White Buck Coal Company held on 12/7/06 before Judge Copenhaver. Court Reporter: Steinke. (Attachments: # 2 Continuation) (tmr)
12/12/2006102RESPONSE IN OPPOSITION by White Buck Coal Company re 52 MOTION by United States of America to Determine Conflict of Interest as to White Buck Coal Company. Defendant's Post-Hearing Memorandum on Motion of United States to Determine Conflict of Interest (Lusk, Neva) Modified on 12/13/2006 for clarification. (Kirkpatrick, Judy).
12/13/2006103MOTION by United States of America TO SEAL Response of the United States to Memorandum Opinion and Order Entered November 29, 2006, Regarding Unsealing Grand Jury Testimony with Attachments as to White Buck Coal Company. (Attachments: # 2 Letters from grand jurors) (Smith, Hunter) Modified on 12/14/2006 to identify attachments. (Kirkpatrick, Judy).
12/15/2006104MEMORANDUM IN SUPPORT by United States of America as to 52 MOTION by United States of America to Determine Conflict of Interest as to White Buck Coal Company. (Smith, Hunter) Modified on 12/18/2006 to delete White Buck Coal Company as filer and for clarification. (Kirkpatrick, Judy).
12/20/2006105REPLY by White Buck Coal Company re: 104 Memorandum In Support, (Lusk, Neva)
12/21/2006106STIPULATION by White Buck Coal Company, United States of America (Lusk, Neva)
12/21/2006  NOTICE OF DOCKET CORRECTION re: Document No. 65 . (Error: Filed in error as a motion. Correction: Docket text modified and motion terminated.) (jkk)
12/29/2006107EXHIBIT AND WITNESS LIST by United States of America and White Buck Coal Company for Motion Hearing held on 12/07/06. (mkw)
01/08/2007108ORDER as to White Buck Coal Company; directing that the parties, by counsel, appear at 9:30 a.m. on 1/10/07 for the purpose of adducing further testimony from witness Eddie Wine concerning the government's pending motion to determine conflict of interest; and directing that the parties, by counsel, appear for a pretrial motions hearing at 9:30 a.m. on 1/19/07. Signed by Judge John T. Copenhaver, Jr. on 1/8/2007. (cc: Judge, USA, USP, USM, counsel, deft) (taq)
01/08/2007109MOTION in Limine as to White Buck Coal Company to Exclude Audio Tapes of Surreptitious Recordings by William E. Wine (Attachments: # 24 Exhibit(s) Attachment A - Part 9)(Lusk, Neva) Modified on 1/9/2007 to add description of attachments 4 and 20. (Kirkpatrick, Judy).
01/08/2007110MOTION to Continue Trial as to White Buck Coal Company (Lusk, Neva)
01/10/2007111RESPONSE by United States of America as to White Buck Coal Company to 110 MOTION to Continue Trial as to White Buck Coal Company (Smith, Hunter)
01/10/2007112PRE-TRIAL MOTION HEARING re: 62 MOTION TO SEAL as to White Buck Coal held by Judge John T. Copenhaver, Jr. on 1/10/2007; Court Reporter: Barbara Steinke. (rap) (Entered: 01/11/2007)
01/12/2007114TRANSCRIPT OF PROCEEDINGS as to White Buck Coal Company for Pretrial Motion Hearing held on 01/10/07 before Judge John T. Copenhaver, Jr. Court Reporter: Barbara Steinke. (mkw)
01/16/2007115RESPONSE by United States of America as to White Buck Coal Company to 109 MOTION in Limine as to White Buck Coal Company to Exclude Audio Tapes of Surreptitious Recordings by William E. Wine (Smith, Hunter)
01/16/2007116MEMORANDUM OPINION AND ORDER as to White Buck Coal Company; directing that government's motion to determine conflict of interest is denied. Signed by Judge John T. Copenhaver, Jr. on 1/16/2007. (cc: Judge, USA, counsel) (tmr)
01/17/2007117ORDER granting 110 MOTION for a Continuance by White Buck Coal Company; trial reset for 2/21/07 @ 9:30 a.m.; pretrial motions hearing reset for 1/26/07 @ 9:30 a.m.; time is excludable from 1/22/07 to 2/21/07, pursuant to 18 USC 3161(h)(8)(A) and (B)(iv); directing that the trial subpoenas are continued to 2/21/07. Signed by Judge John T. Copenhaver, Jr. on 1/17/2007. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
01/19/2007118MEMORANDUM OPINION AND ORDER (REDACTED VERSION) as to White Buck Coal Company; directing that the identities of the identified witnesses are to remain under seal; further directing as follows: that the parties are to review the non-ex parte filings they have submitted respectively to date for sealing and redact any and all identifying information therein relating to the identified witnesses by 02/01/07; directing the parties to assemble the redacted materials into a jointly prepared volume of materials to be filed with the Clerk and available for public inspection by 02/05/07. Signed by Judge John T. Copenhaver, Jr. on 1/19/2007. (cc: Judge, USA, counsel, deft) (mkw)
01/24/2007120ORDER as to White Buck Coal Company; directing that the pretrial motions hearing is continued generally. Signed by Judge John T. Copenhaver, Jr. on 1/24/2007. (cc: Judge, USA, USP, USM, counsel, deft) (mkw)
01/26/2007121STIPULATION by White Buck Coal Company, United States of America (Attachments: # 8 Exhibit(s) Exhibit A - Part 8)(Lusk, Neva)
01/31/2007122MOTION by United States of America to Schedule Guilty Plea Hearing as to White Buck Coal Company (Smith, Hunter)
02/13/2007123NOTICE Joint Statement on Elements of Proof by United States of America, White Buck Coal Company (Smith, Hunter) Modified on 2/14/2007 to add United States as a filer. (Kirkpatrick, Judy).
02/15/2007124ORDER granting government's 122 MOTION to Schedule Guilty Plea Hearing as to White Buck Coal Company; Guilty Plea Agreement Hearing set for 2/21/2007 at 11:00 AM in Charleston before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 2/15/2007. (cc: Judge, USA, USP, USM, counsel, deft) (mkw)
02/16/2007125MOTION to Reschedule Plea Hearing to Begin at 10:00 a.m. Instead of 11:00 a.m. on February 21, 2007 as to White Buck Coal Company. (Lusk, Neva) Modified on 2/20/2007 to correct typo (Proctor, Rebecca).
02/20/2007126ORDER partially granting 125 MOTION to reschedule time of plea hearing by White Buck Coal Company; plea hearing reset for 2/21/2007 @ 10:30 a.m. Signed by Judge John T. Copenhaver, Jr. on 2/20/2007. (cc: Judge, USA, USP, USM, counsel, deft) (tmr) Modified on 2/21/2007 (Kirkpatrick, Judy).
02/21/2007127SPECIAL ASSESSMENT PAYMENT as to White Buck Coal Company. Receipt No: 20064; Amount: $125. (cc: USA, Administrative Services, WVSP) (tmr)
02/21/2007128PLEA HEARING as to White Buck Coal Company held by Judge John T. Copenhaver, Jr. on 2/21/2007; Court Reporter: Barbara Steinke. (rap)
02/21/2007129WRITTEN PLEA OF GUILTY by Defendant White Buck Coal Company. (tmr)
02/21/2007130PLEA AGREEMENT as to White Buck Coal Company. (cc: U.S. Probation Office) (tmr)
02/21/2007131CONSENT OF DIRECTORS IN LIEU OF SPECIAL MEETING by White Buck Coal Company. (tmr)
02/22/2007  PROBATION OFFICER ASSIGNMENT FOR PRESENTENCE REPORT as to White Buck Coal Company: Lee Cueva (sbk)
02/22/2007132NOTICE OF CHANGE OF ATTORNEY INFORMATION: Letter from Neva G. Lusk advising that Jill Bentz is no longer associated with Spilman Thomas & Battle and requesting that Ms. Bentz be removed from the service list for this case. (Lusk, Neva) Modified text on 2/23/2007 (Kirkpatrick, Judy).
02/26/2007133ORDER as to White Buck Coal Company. Upon hearing held 2/21/07. Letter-form plea agreement and written plea of guilty executed. Presentence Investigation Report Deadline 5/1/2007. Sentencing set for 5/15/2007 03:30 PM before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 2/26/2007. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
03/13/2007135TRANSCRIPT OF PROCEEDINGS as to White Buck Coal Company for PLEA HEARING held on 2/21/2007 before Judge John T. Copenhaver, Jr. Court Reporter: Barbara Steinke. (taq)
03/14/2007136ORDER as to White Buck Coal Company; upon motion of the USA for authorization to disclose specified grand jury testimony; finding that the disclosure of the same to this Court's probation department is necessary as an aid in the conduct of the presentence investigation; authorizing US Atty to disclose the specified grand jury testimony to this Court's probation department; directing that the motion be sealed. Signed by Judge John T. Copenhaver, Jr. on 3/14/2007. (cc: Judge, USA, counsel) (mkw)
05/10/2007137UNOPPOSED MOTION to Continue Hearing as to White Buck Coal Company (Lusk, Neva) Modified on 5/11/2007 for clarification. (Kirkpatrick, Judy).
05/15/2007138ORDER rescheduling the sentencing hearing for 1:30 p.m. on 07/11/07 as to White Buck Coal Company. Signed by Judge John T. Copenhaver, Jr. on 5/15/2007. (cc: Judge, USA, USP, USM, counsel, deft) (mkw)
06/22/2007139SENTENCING MEMORANDUM as to White Buck Coal Company (Attachments: # 4 Exhibit(s) Part IV)(Lusk, Neva)
07/11/2007140SENTENCING MEMORANDUM by United States of America as to White Buck Coal Company (Smith, Hunter)
07/11/2007141SENTENCING commenced and continued as to White Buck Coal Company by Judge John T. Copenhaver, Jr. on 7/11/2007; Court Reporter: Barbara Steinke. (rap)
07/18/2007142SENTENCING as to White Buck Coal Company concluded by Judge John T. Copenhaver, Jr. on 7/18/2007; Court Reporter: Barbara Steinke. (rap) (Entered: 07/19/2007)
08/02/2007144TRANSCRIPT OF PROCEEDINGS as to White Buck Coal Company, re: Sentencing held on 7/11/2007 before Judge John T. Copenhaver, Jr. Court Reporter: Barbara Steinke. (taq)
08/02/2007145TRANSCRIPT OF PROCEEDINGS as to White Buck Coal Company, re: Sentencing Hearing held on 7/18/2007 before Judge John T. Copenhaver, Jr. Court Reporter: Barbara Steinke. (taq) Additional attachment added on 8/2/2007: # 1 Continuation of Transcript (Howie, Susan). (Modified on 8/2/2007 to add continuation of transcript) (Howie, Susan).
08/02/2007  NOTICE OF DOCKET CORRECTION re: 145 TRANSCRIPT OF PROCEEDINGS as to White Buck Coal Company, re: Sentencing Hearing. Error: Incomplete transcript attached. Correction: Attached continuation of transcript. (skh)
08/07/2007146CRIMINAL FINE PAYMENT as to White Buck Coal Company. Receipt No: 20829; Amount: $50,000.00. (cc: USA, Administrative Services, WVSP) (taq)
08/29/2007147ORDER as to White Buck Coal Company; directing that government's exhibit nos. 1-3, entered into evidence at the hearing held 7/11/07, be filed under seal. Signed by Judge John T. Copenhaver, Jr. on 8/29/2007. (cc: Judge, USA, counsel) (tmr)
08/29/2007148SEALED MATERIALS filed by United States of America as to White Buck Coal Company pursuant to Court Order. hearing exhibits by USA. (Attachments: # 2 Exhibit 3) (tmr)
08/29/2007149EXHIBIT LIST by United States of America as to White Buck Coal Company, re: hearing held 7/11/07. (Attachments: Main document: exhibit 4 # 9 Continuation exhibit 5) (tmr) (Entered: 08/30/2007)
08/29/2007150CONTINUATION OF EXHIBIT LIST by United States of America as to White Buck Coal Company, re: hearing held 7/11/07. (Attachments: Main document: Continuation exhibit 5 # 5 Continuation exhibit 5) (tmr) (Entered: 08/30/2007)
12/06/2007151JUDGMENT as to White Buck Coal Company Count 1ss, Dismissed on government's motion; Count 2ss, 1 year probation; $125.00 special assessment; $50,000 fine. Signed by Judge John T. Copenhaver, Jr. on 12/6/2007. (cc: Judge, USA, USP, USM, counsel, deft) (mkw)
12/06/2007152SEALED/SOR as to White Buck Coal Company. (mkw) Modified on 12/7/2007 to remove text that indicated the SOR was signed by Judge Copenhaver. (jkk)
12/21/2007153LETTER by USA as to White Buck Coal Company indicating that the defendant has paid in full all criminal monetary impositions in this criminal action. cc: Court Services. (Call, Gary)