U.S. District Court
Middle District of Tennessee (Nashville)
CRIMINAL DOCKET FOR CASE #: 3:10-cr-00085 All Defendants


Case title: USA v. Yazdian Construction, Inc. et al

Date Filed: 04/20/2010
Date Terminated: 01/26/2011

Assigned to: Magistrate Judge Joe Brown

Defendant (1)
Yazdian Construction, Inc.
TERMINATED: 01/26/2011
represented byPeter J. Strianse
Tune, Entrekin & White
AmSouth Center
315 Deaderick Street
Suite 1700
Nashville, TN 37238
(615) 244-2770
Email: pstrianse@tewlawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
Misdemeanor Information 4/20/2010: 33:1311(a) and 33:1319(c)(1)(A) Negligent discharge of pollutants
(1)
Plea of guilty to Count 1 of the Misdemeanor Information. $125 special assessment. $20,000 fine. The Clerks Office shall pay any funds received from the fine to the Nashville Zoo and the Tennessee Wildlife Resources Agency (see special instructions C and F on Page 3 for details)

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
Misdemeanor Information 4/20/10: 16:1540(b)(1) Taking of an endangered species
(2)
Dismissed on Motion by Govt.

Highest Offense Level (Terminated)
Misdemeanor

Complaints

Disposition
None

Assigned to: Magistrate Judge Joe Brown

Defendant (2)
Madison Contractors, Inc.
TERMINATED: 01/26/2011
represented byRobert A. Peal
Neal & Harwell
150 Fourth Avenue, N
Suite 2000
Nashville, TN 37219
(615) 244-1713
Fax: (615) 726-0573
Email: rpeal@nealharwell.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
Misdemeanor Information 4/20/2010: 33:1311(a) and 33:1319(c)(1)(A) Negligent discharge of pollutants
(1)
Plea of guilty to Count 1 of the Misdemeanor Information. $125 special assessment. $20,000 fine. The Clerks Office shall pay any funds received from the fine to the Nashville Zoo and the Tennessee Wildlife Resources Agency (see special instructions C and F on Page 3 for details)

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
Misdemeanor Information 4/20/10: 16:1540(b)(1) Taking of an endangered species
(2)
Dismissed on Motion by Govt.

Highest Offense Level (Terminated)
Misdemeanor

Complaints

Disposition
None


Plaintiff
USA represented bySandra G. Moses
Office of the United States Attorney (MDTN)
110 Ninth Avenue, S
Suite A961
Nashville, TN 37203-3870
(615) 736-5151
Email: sandra.moses@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
04/20/2010MISDEMEANOR INFORMATION filed as to Yazdian Construction, Inc. and Madison Contractors, Inc. (Attachments: # 1 Criminal Cover Sheet Deft #1 and # 2 Criminal Cover Sheet Deft #2) (as) (Entered: 04/20/2010)
04/20/2010Summons issued for Yazdian Construction, Inc. to appear on or before 5/4/2010. (as) (Entered: 04/20/2010)
04/20/2010Summons issued for Madison Contractors, Inc. to appear on or before 5/4/2010. (as) (Entered: 04/20/2010)
05/14/2010Minute Entry for proceedings held before Magistrate Judge John S. Bryant:Initial Appearance and arraignment as to Yazdian Construction, Inc. held on 5/14/2010. Deft appeared with retained counsel Peter J. Strianse and entered a plea of not guilty. (as) (Entered: 05/14/2010)
05/14/2010ORDER Setting Conditions of Release as to Yazdian Construction, Inc. Signed by Magistrate Judge John S. Bryant on 5/14/2010. (as) (Entered: 05/14/2010)
05/14/2010Minute Entry for proceedings held before Magistrate Judge John S. Bryant: Initial appearance and arraignment as to Madison Contractors, Inc. held on 5/14/2010. Deft appeared with retained counsel Robert A. Peal and entered a plea of not guilty. (as) (Entered: 05/14/2010)
05/14/2010ORDER Setting Conditions of Release as to Madison Contractors, Inc. Signed by Magistrate Judge John S. Bryant on 5/14/2010. (as) (Entered: 05/14/2010)
05/14/2010Summons Returned Executed on 5/14/10 as to Yazdian Construction, Inc. (jb) (Entered: 05/17/2010)
05/14/2010Summons Returned Executed on 5/14/10 as to Madison Contractors, Inc. (jb) (Entered: 05/17/2010)
05/19/201010 ORDER as to Yazdian Construction, Inc and Madison Contractors, Inc: Trial is set for 7/20/2010 at 09:00 AM. Plea Agreement Hearing is set for 7/9/2010 at 01:30 PM. If an evidentiary hearing is requested, counsel for the parties shall submit a proposed Agreed Order with a hearing date on a Monday at 10:00 a.m. or 1:30 p.m. or Friday at 9:00 a.m. or 1:30 p.m. Signed by District Judge William J. Haynes, Jr on 5/19/10. (jb) (Entered: 05/19/2010)
07/13/201011 CONSENT TO TRIAL BEFORE US MAGISTRATE JUDGE by Yazdian Construction, Inc. (as) (Entered: 07/14/2010)
07/13/201012 CONSENT TO TRIAL BEFORE US MAGISTRATE JUDGE by Madison Contractors, Inc. (as) (Entered: 07/14/2010)
07/15/201013 ORDER as to Yazdian Construction, Inc. and Madison Contractors, Inc.: The defts have both filed a Consent to Trial Before a Magistrate Judge 11 and 12 . The trial will remain set for 7/20/2010 at 10:00 AM. If a plea agreement is submitted, a hearing will take place on 7/20/2010 at 10:00 AM. If the matter is to be tried, the parties are to notify the Court as soon as possible so as to ensure that sufficient jurors will be available. Signed by Magistrate Judge Joe Brown on 7/15/2010. (as) (Entered: 07/15/2010)
07/15/201014 Joint MOTION to Continue Trial Date by Yazdian Construction, Inc., Madison Contractors, Inc.. (Strianse, Peter) (Entered: 07/15/2010)
07/15/201015 WAIVER of Speedy Trial by Yazdian Construction, Inc. (Strianse, Peter) (Entered: 07/15/2010)
07/16/201016 WAIVER of Speedy Trial by Madison Contractors, Inc. (Peal, Robert) (Entered: 07/16/2010)
07/19/201017 ORDER as to Yazdian Construction, Inc. and Madison Contractors, Inc.: Joint motion to continue trial set for 7/20/2010 14 is GRANTED. A telephone conference is set for 8/2/2010 at 11:00 AM to discuss a new trial date. To participate in the conference call, parties shall call 615-695-2851 at 11:00 a.m. Signed by Magistrate Judge Joe Brown on 7/19/2010. (as) (Entered: 07/19/2010)
08/02/201018 ORDER TO CONTINUE - Ends of Justice as to Yazdian Construction, Inc. and Madison Contractors, Inc.: A telephone conference was held on 8/2/2010. The jury trial is reset for 1/12/2011 at 09:00 AM. A further telephone conference is set for 10/4/2010 at 04:00 PM. Signed by Magistrate Judge Joe Brown on 8/2/2010. (as) (Entered: 08/02/2010)
10/12/201019 ORDER as to Yazdian Construction, Inc. and Madison Contractors, Inc.: A telephone conference was held on 10/4/2010. No changes are needed to the trial schedule. If there is a change of plea, the parties should notify the court on or before 1/5/2011. The parties should also submit any anticipated trial issues by 1/5/2011 and responses by 1/10/2011. Signed by Magistrate Judge Joe Brown on 10/12/2010. (as) (Entered: 10/12/2010)
01/11/201120 NOTICE OF HEARING as to Yazdian Construction, Inc and Madison Contractors, Inc: Change of Plea Hearing is set for 1/20/2011 at 01:30 PM before Magistrate Judge Joe Brown. (jb) (Entered: 01/11/2011)
01/20/201121 Minute Entry for proceedings held before Magistrate Judge Joe Brown:Plea and sentencing hearing held on 1/20/2011 as to Yazdian Construction, Inc. Plea accepted. Judgment to enter. (as) (Entered: 01/26/2011)
01/20/201122 ORDER ACCEPTING PLEA AGREEMENT as to Yazdian Construction, Inc. Signed by Magistrate Judge Brown on 1/20/2011. (as) (Entered: 01/26/2011)
01/20/201123 Minute Entry for proceedings held before Magistrate Judge Joe Brown:Plea and sentencing hearing held on 1/20/2011 as to Madison Contractors, Inc.Plea agreement accepted. Judgment to enter. (as) (Entered: 01/26/2011)
01/20/201124 ORDER ACCEPTING PLEA AGREEMENT as to Madison Contractors, Inc. Signed by Magistrate Judge Brown on 1/20/2011. (as) (Entered: 01/26/2011)
01/26/201125 JUDGMENT on sentencing held 1/20/2011 as to Yazdian Construction, Inc.: Plea of guilty to Count 1 of the Misdemeanor Information. $125 special assessment. $20,000 fine. The Clerks Office shall pay any funds received from the fine to the Nashville Zoo and the Tennessee Wildlife Resources Agency (see special instructions C and F on Page 3 for details. Signed by Magistrate Judge Joe Brown on 1/25/2011. (as) (Entered: 01/26/2011)
01/26/201126 SEALED STATEMENT OF REASONS re: Judgment 25 as to Yazdian Construction, Inc. (Copy mailed to counsel as an attachment to copy of Judgment). (as) (Entered: 01/26/2011)
01/26/201127 JUDGMENT on sentencing held 1/20/2011 as to Madison Contractors, Inc.: Plea of guilty to Count 1 of the Misdemeanor Information. $125 special assessment. $20,000 fine. The Clerks Office shall pay any funds received from the fine to the Nashville Zoo and the Tennessee Wildlife Resources Agency (see special instructions C and F on Page 3 for details). Signed by Magistrate Judge Joe Brown on 1/25/2011. (as) (Entered: 01/26/2011)
01/26/201128 SEALED STATEMENT OF REASONS re: Judgment 27 as to Madison Contractors, Inc. (Copy mailed to counsel as an attachment to copy of Judgment). (as) (Entered: 01/26/2011)