CLOSED

U.S. District Court
Northern District of Iowa (Western Division)
CRIMINAL DOCKET FOR CASE #: 5:11-cr-04073-MWB All Defendants


Case title: USA v. Tri-State Ready Mix Inc
Date Filed: 06/10/2011
Date Terminated: 02/08/2012

Interested Party
US Probation represented byuspNotify
Email: pocrecm@ianp.uscourts.gov
ATTORNEY TO BE NOTICED
Assigned to: Judge Mark W Bennett
Referred to: Chief Magistrate Paul A Zoss

Defendant (1)
Tri-State Ready Mix Inc
TERMINATED: 02/08/2012 		represented byEmily M Taylor
Spencer, Fane, Britt & Browne, LLP
1000 Walnut Street
Suite 1400
ECF
Kansas City, MO 64106
816 292 8397
Fax: 474 3216
Email: etaylor@spencerfane.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Mark A Thornhill
Spencer Fane Britt & Browne LLP
1000 Walnut Street
Suite 1400
ECF
Kansas City, MO
816 292 8119
Fax: 474 3216
Email: mthornhill@spencerfane.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
15:1 ANTITRUST VIOLATIONS
(1)		 Defendant sentenced to Probation for up to 5 years on Count 1 of the Information. Special Assessment of $400.00. Fine of $500,000.00.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

Plaintiff
USA represented byAndre M Geverola
US Department of Justice
Antitrust Division
209 S. LaSalle Street
Suite 600
**ECF
Chicago, IL 60604
312 353 6242
Fax: 353 1046
Email: andre.geverola@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Laura Heidi Manschreck
United States Department of Justice
Antitrust Division
209 S. LaSalle
**ECF
Chicago, IL 60604
312 353 6893
Fax: 353 1046
Email: heidi.manschreck@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert Michael Jacobs
US Deptartment of Justice
Antitrust Division
209 S. LaSalle Street
Suite 600
**ECF
Chicago, IL 60604
312 353 8304
Fax: 353 1046
Email: robert.jacobs@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/10/20112 INFORMATION as to Defendant Tri-State Ready Mix Inc (1) on Count 1 (USA, USM, USP, Defense Attorneys) (kfs) (Entered: 06/10/2011)
06/10/20113 WAIVER OF INDICTMENT by Defendant Tri-State Ready Mix Inc (USA, USM, USP, Defense Attorneys) (kfs) (Entered: 06/10/2011)
06/10/20114 NOTICE of Consent to Entry of a Plea of Guilty by Defendant Tri-State Ready Mix Inc (Manschreck, Laura) (Entered: 06/10/2011)
06/13/20115 ORDER to Continue - Ends of Justice as to Defendant Tri-State Ready Mix Inc. Time excluded from 6/13/2011 until 6/20/2011. Initial Appearance, Arraignment, and Change of Plea Hearing set for 6/20/2011 04:00 PM in SC 1st Fl Ct before Chief Magistrate Judge Paul A Zoss. Signed by Chief Magistrate Judge Paul A Zoss on 6/13/2011. (des) (Entered: 06/13/2011)
06/15/20116 SEALED Rule 11 Letter By Plaintiff as to Tri-State Ready Mix Inc (Manschreck, Laura) Modified on 6/16/2011 (ksy). (Entered: 06/15/2011)
06/20/20117 MINUTE Entry for proceedings held before Chief Magistrate Judge Paul A Zoss: Initial Appearance, Arraignment, and Change of Plea Hearing as to Defendant Tri-State Ready Mix Inc (1) Count 1 held on 6/20/2011 - Attorneys Emily Taylor and Mark Thornhill for defendant. The defendant corporation pled guilty to Count One of the Information. Hearing Exhibit due by 6/23/2011. (Digital Recording) (des) (Entered: 06/21/2011)
06/20/20118 REPORT AND RECOMMENDATION to Accept Guilty Plea to Count One of the Information as to Tri-State Ready Mix Inc. Objections to R&R due by 7/5/2011. Signed by Chief Magistrate Judge Paul A Zoss on 6/20/2011. (des) (Entered: 06/21/2011)
06/20/20119 WAIVER of Objections to 8 Report and Recommendations by Defendant Tri-State Ready Mix Inc (des) (Entered: 06/21/2011)
06/20/201110 WAIVER of Objections to 8 Report and Recommendations by USA as to Defendant Tri-State Ready Mix Inc (des) (Entered: 06/21/2011)
06/21/201111 ORDER Accepting Report and Recommendation RE: Plea as to the Information regarding Defendant Tri-State Ready Mix Inc for 8 Report and Recommendation to Accept Guilty Plea to Count 1. Signed by Judge Mark W Bennett on 06/21/11. (kfs) (Entered: 06/21/2011)
06/23/201112 NOTICE of Filing of Exhibits from Hearing by USA as to Defendant Tri-State Ready Mix Inc re 7 Initial Appearance, Arraignment, Change of Plea Hearing - Board Resolution Authorizing Plea (Manschreck, Laura) Modified text on 6/24/2011 (ksy). (Entered: 06/23/2011)
07/14/201113 NOTICE of Filing of Official Transcript of Plea Taking Proceedings as to Defendant Tri-State Ready Mix Inc held on 06/20/2011, before Chief Magistrate Judge Paul A Zoss. Court Reporter Shelly Semmler, Telephone number 712-233-3846. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/4/2011. Redacted Transcript Deadline set for 8/15/2011. Release of Transcript Restriction set for 10/12/2011. (src) (Entered: 07/14/2011)
07/14/201114 NOTICE of Filing of Electronic Transcript: Administrative Order attached: Please read for instructions for actions parties/counsel may be required to take re 13 Transcript of Plea Taking Proceedings. (src) (Entered: 07/14/2011)
09/06/201115 SEALED Draft Presentence Investigation Report First Draft by USA, US Probation, Tri-State Ready Mix Inc as to Defendant Tri-State Ready Mix Inc (Attachments: # 1 Instructions for Objecting) (Kuehl, Kelly) (Entered: 09/06/2011)
09/20/201116 SEALED Objection to Presentence Investigation Report Defendant Tri State Ready Mix, Inc. as to Tri-State Ready Mix Inc 15 (Thornhill, Mark) (Entered: 09/20/2011)
11/09/201117 ORDER Setting Hearing as to Defendant Tri-State Ready Mix Inc: Sentencing set for 02/02/2012 at 1:30 PM in SC 3rd Fl Ct before Judge Mark W Bennett. Signed by Judge Mark W Bennett on 11/09/11. (kfs) (Entered: 11/09/2011)
11/14/201118  MOTION Set Briefing Schedule by USA as to Tri-State Ready Mix Inc. (Geverola, Andre) (Entered: 11/14/2011)
11/16/201119 RESPONSE to Motion by Defendant Tri-State Ready Mix Inc re 18 MOTION Set Briefing Schedule (Thornhill, Mark) (Entered: 11/16/2011)
11/17/201120 ORDER - Granting 18 MOTION To Set Briefing Schedule filed by USA as to Defendant Tri-State Ready Mix Inc. Any filings under Local Criminal Rule 32(a)(2) shall be filed no later than January 19, 2012, and any filings under Local Criminal Rule 32(a)(3) shall be filed no later than January 26, 2012. Signed by Judge Mark W Bennett on 11/17/2011. (src) (Entered: 11/17/2011)
01/12/201221 SEALED Presentence Investigation Report Final and Amended by USA, US Probation, Tri-State Ready Mix Inc as to Defendant Tri-State Ready Mix Inc (Attachments: # 1 Sentencing Worksheet) (Kuehl, Kelly) (Entered: 01/12/2012)
01/19/201222 NOTICE of Filing Under Seal by Defendant Tri-State Ready Mix Inc (Thornhill, Mark) (Entered: 01/19/2012)
01/19/201224 SEALED Sentencing Memorandum By Plaintiff as to Defendant Tri-State Ready Mix Inc (Attachments: # 1 Appendix) (Manschreck, Laura) Modified on 1/20/2012 (ksy). (Entered: 01/19/2012)
01/19/201225 NOTICE of Filing Under Seal by USA as to Defendant Tri-State Ready Mix Inc (Manschreck, Laura) (Entered: 01/19/2012)
01/20/201226 Certificate of Service by Defendant Tri-State Ready Mix Inc of 22 Sealed Motion (Thornhill, Mark) Modified text and link on 1/23/2012 (ksy). (Entered: 01/20/2012)
01/26/201227 SEALED Sentencing Memorandum By Plaintiff in Response to Defendant's 23 Sealed Motion for Downward Variance and Brief Regarding Sentencing Factors as to Defendant Tri-State Ready Mix Inc (Attachments: # 1 Exhibit and Witness List) (Manschreck, Laura) Modified text to add link on 1/27/2012 (skm). (Entered: 01/26/2012)
01/27/201229 SEALED Motion to Correct Clerical Error and File Amended Pleading as to Defendant Tri-State Ready Mix Inc (Attachments: # 1 Appendix Amended Sentencing Memorandum) (Manschreck, Laura) Modified event and text on 1/30/2012 (ksy). (Entered: 01/27/2012)
01/30/201230 EXHIBIT LIST by Defendant Tri-State Ready Mix Inc (Thornhill, Mark) (Entered: 01/30/2012)
01/30/201231 TEXT ORDER ONLY as to Defendant Tri-State Ready Mix Inc, ***Motions terminated as to Defendant Tri-State Ready Mix Inc: 29 SEALED Motion. The Clerk of Court is directed to detach the Amended Sentencing Memorandum and file it under seal as a separate docket entry in this matter. Signed by Judge Mark W Bennett on 1/30/2012. (Gill, Jennifer) (Entered: 01/30/2012)
02/01/201233 SECOND Amended Exhibit and Witness List For Sentencing by Defendant Tri-State Ready Mix Inc (Thornhill, Mark) Modified text on 2/2/2012 (des). (Entered: 02/01/2012)
02/02/201234 MINUTE Entry w/Witness and Exhibit List for proceedings held before Judge Mark W Bennett: Sentencing held on 2/2/2012 as to defendant Tri-State Ready Mix Inc. Defendant's Exhibits 1-9 previously docketed at 23 , 10-22 previously filed at 28 . Government's Exhibits 1-9 and Defendant's Exhibits 23-25 to be filed. Hearing Exhibits due by 2/5/2012. (Court Reporter Shelly Semmler.) (djs) (Entered: 02/02/2012)
02/03/201235 NOTICE of Filing of Sealed Exhibits from Hearing By Defendant as to Tri-State Ready Mix Inc (Attachments: # 1 Exhibit 24, # 2 Exhibit 25) re 34 (Thornhill, Mark) Modified on 2/6/2012 (ksy). (Entered: 02/03/2012)
02/06/201236  MOTION for Leave to File Under Seal Government Exhibits 3, 4, 5, 6, 7, and 9 by USA as to Tri-State Ready Mix Inc. (Manschreck, Laura) (Entered: 02/06/2012)
02/06/201237 NOTICE of Filing of Exhibits from Hearing by USA as to Defendant Tri-State Ready Mix Inc (Attachments: # 1Gov't Exh. 1, # 2 Gov't Exh. 2, # 3 Gov't Exh. 8) re 34 (Manschreck, Laura) Modified on 2/7/2012 (ksy) (Entered: 02/06/2012)
02/07/201238 TEXT ORDER ONLY granting 36 Motion for Leave to File as to Tri-State Ready Mix Inc. The Government has permission to file its exhibits under seal. Signed by Judge Mark W Bennett on 2/7/2012. (Carrington, Melissa) (Entered: 02/07/2012)
02/07/201239 NOTICE of Filing of Sealed Exhibits from Hearing By Plaintiff as to Tri-State Ready Mix Inc (Attachments: # 1 Gov't Exh. 3, # 2 Gov't Exh. 4, # 3 Gov't Exh. 5, # 4 Gov't Exh. 6, # 5 Gov't Exh. 7, # 6 Gov't Exh. 9) re 34 (Manschreck, Laura) Modified text on 2/8/2012 (ksy). (Entered: 02/07/2012)
02/08/201240 JUDGMENT as to Defendant Tri-State Ready Mix Inc, Count 1, Defendant committed to Probation for up to 5 years on Count 1 of the Information. Special Assessment of $400.00. Fine of $500,000.00. Signed by Judge Mark W Bennett on 02/08/2012. (src) (Entered: 02/08/2012)
02/09/201241 SEALED Statement of Reasons by USA, US Probation, Tri-State Ready Mix Inc as to Defendant Tri-State Ready Mix Inc (Guthrie, Loretta) (Entered: 02/09/2012)