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1
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FINAL ORDER
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EXTRACTED KEY WORDS
MOTION MACCAFERRI COURT KLAYMAN WASHINGTON ENFORCE ORDER HOLDING MACCAFERRI CONTEMPT CONSENT PARTIES HERETO HEREBY MACCAFERRI GABIONS PAY CLERK SUM ENTRY MOTIONS PENDING PREJUDICE LARRY KLAYMAN SCHOOL STREET SUITE MARY JEAN MOLTENBREY DOUGLAS HILLEBOE JEFFREY STEGER UNITED STATES DEPARTMENT JUSTICE ANTITRUST DIVISION CIVIL TASK FORCE |
UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
DATE
)
In Re: PETITION OF ) Civil No.
MACCAFERRI GABIONS, INC. )
)
FINAL
ORDER
Upon review of the entire record in this case, the United States' Motion to Enforce this
Court's Order Holding Maccaferri in Contempt, and the consent of the parties hereto, it is hereby
ORDERED that Maccaferri Gabions, Inc. shall pay to the Clerk of the Court the sum of
Five Thousand Dollars ($5,000) within 30 days of the entry of this Order; and it is
FURTHER ORDERED that all other motions pending before this Court in this action are
dismissed with prejudice.
Dated:_________9/9/96_____________ ___/S/_______________________
United States District Court Judge
Copies to:
Larry Klayman
Klayman & Associates, P.C.
501 School Street, S.W., Suite 700
Washington, D.C. 20024
Mary Jean Moltenbrey
Douglas L. Hilleboe
Jeffrey I. Steger
United States Department of Justice
Antitrust Division
Civil Task Force
325 7th Street, N.W.
Washington, D.C. 20530
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2
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STIPULATION
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EXTRACTED KEY WORDS
PARTY PARTIES ATTORNEYS APPEALS COURT CIRCUIT BEAR ATTORNEYS FEES COSTS PARTIES CONSENT ENTERED PURSUANT EFFECT WHATEVER PREJUDICE EXECUTION ENTRY SETTLES DISCHARGES CIVIL INVESTIGATIVE DEMAND FREEDOM INFORMATION ACT LITIGATION EVIDENCE ADMISSION LAW LARRY KLAYMAN COUNSEL ANTITRUST WASHINGTON |
UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
DATE FILED 9/9/96
)
In Re: PETITION OF ) Civ. No.
MACCAFERRI GABIONS, INC. )
)
STIPULATION
It is stipulated by and between the undersigned parties, by their respective attorneys,
(1) Maccaferri will file motions for voluntary dismissal of its Appeal Nos. 96-1294 and
96-1513, currently pending in the United States Court of Appeals for the Fourth Circuit,
each party to bear its own attorneys fees and costs;
(2) the parties consent that the Court may file and enter a Final Order in the form
attached to this Stipulation, without further notice to any party or other proceedings;
(3) in the event the proposed Final Order is not entered pursuant to this Stipulation,
Stipulation shall be of no effect whatever, and the making of this Stipulation shall be
without prejudice to either party in this or any other proceeding;
(4) the parties' execution of this Stipulation and the entry of the proposed Final Order
settles, discharges, and releases any and all claims by either party arising from the
Investigative Demand and Freedom of Information Act litigation; and
1
(5) this Final Order shall not be evidence against or an admission by any party with
respect to any issue of fact or law herein.
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3
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MOTION TO FILE SUPPLEMENTAL RESPONSE
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EXTRACTED KEY WORDS
GABIONS AGREEMENT RESPONSE MEETING DOCUMENT REQUEST MEMORANDUM UNITED STATES COURT SCOPE INTERROGATORY MOTION CIVIL INVESTIGATIVE DEMAND STATING SPENAX SC-50 SUPPLEMENTAL RESPONSE ATTORNEYS UNDERSTANDING BID CID GABION MANUFACTURERS DOCUMENTS RELATING FASTENING TOOLS EXCLUSIVE DEALING AGREEMENT COMPETITION ANTITRUST HOG RINGS EMPLOYEES OBJECTION RESPONSIVE DOCUMENTS RELATING |
UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
[FILED
9/14/95]
)
In Re: PETITION OF ) Civil No. MJG95-1270
MACCAFERRI GABIONS, INC. )
)
MOTION TO FILE SUPPLEMENTAL RESPONSE
The United States Department of Justice ("the Department"), by its undersigned attorneys,
moves this Court to allow the Department to file a Supplemental Response to this Court's
Memorandum and Order dated August 25, 1995. This Motion is based upon the following
grounds:
1. On September 6, 1995, the Department meet with Maccaferri Gabions, Inc.
("Maccaferri") to discuss possible modifications to the scope of Civil Investigative Demand
12316. At the meeting, the Department agreed to provide Maccaferri with a letter stating the
Department's understanding of the agreements reached. Maccaferri represented to the
Department that it would respond to this letter by Friday, September 8 at 10:00 am.
2. On September 7, the Department sent a letter by facsimile to Maccaferri stating
Department's understanding of the agreements reached at the September 6 meeting. The
Department did not receive any substantive response to this letter, even after it made several
attempts to discuss the letter with counsel for Maccaferri.
3. Given Maccaferri's decision not to respond substantively to the Department, the
Department had to file its Response to this Court's Order on September 8 without knowing the
extent to which it had reached agreement with Maccaferri and whether additional differences
remained.
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4
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MEMO OF US POSITION REGARDING UNRESOLVED ISSUES RELATING TO SCOPE OF CID
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EXTRACTED KEY WORDS
REQUEST GABION COMPETITION AGREEMENT SPENAX INTERROGATORY CID KLAYMAN RELATING MANUFACTURERS SC-50 MARKET UNITED STATES MEMORANDUM RESPONSE MEETING EXCLUSIVE DEALING BID FASTENING TOOLS EVIDENCE CIVIL INVESTIGATIVE DEMAND NEGOTIATE MOLTENBREY OBJECTION EMPLOYEES COUNSEL EXHIBIT COURT HOG RINGS |
UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
[FILED
9/8/95]
)
In Re: PETITION OF ) Civil No. MJG95-1270
MACCAFERRI GABIONS, INC. )
)
UNITED STATES' MEMORANDUM STATING THE UNITED STATES'
POSITION REGARDING UNRESOLVED ISSUES RELATING
TO THE SCOPE OF CIVIL INVESTIGATIVE DEMAND 12316
The United States Department of Justice ("the Department") respectfully submits this
Memorandum in response to this Court's Memorandum and Order dated August 25, 1995.
INTRODUCTION
Since issuing the CID on March 9, 1995, the Department has repeatedly expressed to
Maccaferri its willingness to negotiate the scope of the CID. The Department has also repeatedly
asked Maccaferri to provide it with certain basic information about its files and employees so that
the Department could identify ways that the CID could be modified consistent with the
Department's need for evidence and information. Maccaferri has repeatedly refused to provide
the Department with that information, and has refused to engage in negotiations with the
Department.
In response to the Court's Memorandum and Order, on August 31, the Department
contacted Maccaferri's counsel to arrange a meeting to attempt to negotiate the CID. See Exhibit
A. The Department again asked Maccaferri to provide it with certain information concerning
Maccaferri's files. After first declining to meet with the staff conducting the investigation.
Maccaferri agreed to meet with the Department on September 6. See Exhibits B, C, D, E and F.
At the September 6 meeting, Maccaferri again declined to provide the Department with
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5
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MOTION FOR ENTRY OF FINAL ORDER
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EXTRACTED KEY WORDS
COURT UNITED STATES CID CIVIL ANTITRUST GABION CIVIL CONTEMPT MOTION STIPULATION ENTRY REQUIRING HOLDING EVIDENCE REVIEW GABION FASTENING INDUSTRIES MARKET DEVELOPMENTS INTEND COMPLAINT RESOLVE OUTSTANDING CIVIL ACTION ANNE BINGAMAN CHIEF JOEL KLEIN REBECCA DICK WASHINGTON |
UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
DATE FILE 9/9/96
)
In Re: PETITION OF ) Civ. No. MJG95-1270
MACCAFERRI GABIONS, INC. )
)
MOTION FOR ENTRY OF FINAL ORDER
The United States Department of Justice ("Department"), having filed this date a
Stipulation, hereby moves this Court for entry of the attached proposed Final Order that has been
agreed to by the Department and Maccaferri Gabions, Inc. ("Maccaferri"). By agreement of the
parties the Proposed Order provides that Maccaferri pay to the Clerk of the Court $5,000.
On March 9, 1995, the Department issued to Maccaferri Civil Investigative Demand
12316 ("the CID") pursuant to the Antitrust Civil Process Act, 15 U.S.C. § 1312. On April 28,
1995, Maccaferri filed a Petition to Modify or Set Aside the CID. On February 23, 1996, this
Court entered a Final Order requiring, inter alia, Maccaferri to comply with the CID as modified
by this Court ("Final Order").
On April 16, 1996, this Court issued an Order ("Contempt Order") holding Maccaferri in
civil contempt for failure to produce information and documents responsive to the CID as
required by this Court's Final Order. Beginning on April 16 and continuing through May 31,
1996, Maccaferri produced to the United States information and documents responsive to the
CID.
On June 20, 1996, the United States filed a Motion to Enforce this Court's Order Holding
Maccaferri in Civil Contempt. On July 3, 1996, Maccaferri filed its Reply to the United States'
Motion and on July 5, 1996, Maccaferri filed a Motion for Attorneys Fees and Costs.
On August 7, 1996, the Department informed Maccaferri that it had completed its review
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