This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. For an official signed copy, please contact the Antitrust Documents Group.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION



UNITED STATES OF AMERICA,    

                  v.

DARRELL HAWKINS,

                  Defendant.


|
|
|
|
|
|
|
|
|
|         
Criminal No. 494CR-137A

Filed: [1/6/95]

Violation:

15 U.S.C. 1



GOVERNMENT'S MOTION FOR TRANSFER

The United States of America respectfully requests that an Order be entered transferring the above-entitled criminal action to the Honorable Terry Means, a Judge of this Court, for the purposes of re-arraignment, plea, and sentencing, and shows the following in support thereof:

1. On December 9, 1994, the United States filed four criminal Informations with the Clerk of this Court charging Amarillo Winnelson Company, Inc., Gerald Brandt, Morrison Supply Company and Darrell Hawkins each with a violation of the Sherman Act (15 U.S.C. 1). The Informations, copies of which are annexed hereto, were filed and randomly assigned as follows:

    494CR-134Y -- U.S. v. Amarillo Winnelson Company, Inc.

    494CR-135A -- U.S. v. Gerald Brandt

    494CR-136Y -- U.S. v. Morrison Supply Company

    494CR-137A -- U.S. v. Darrell Hawkins

2. The defendants named above are co-conspirators and charged with the same criminal conduct arising from the same criminal transaction. Also, Darrell Hawkins is an officer/employee of Morrison Supply Company and Gerald Brandt is an officer/employee of Amarillo Winnelson Company, Inc.

3. It is submitted that due to the legal and factual similarities of the cases against the defendants, and the relationship between corporate defendants and its officers, it serves the interest of judicial economy and efficiency for the same judge to preside over the re-arraigment, plea, and sentencing of all defendants.

4. Pursuant to local rule, U.S. v. Amarillo Winnelson Company, Inc., the first case filed with the Court, was randomly assigned to the Honorable Terry Means. When filed with the Clerk of this Court, U.S. v. Darrell Hawkins was randomly assigned to the Honorable John McBryde. The United States requests that the instant case be transferred to the Honorable Terry Means, a judge of this Court, who currently presides over the first case filed U.S. v. Amarillo Winnels on Company, Inc. and U.S. v. Morrison Supply Company, where Darrell Hawkins is currently an officer/employee of the company.

5. The undersigned counsel has spoken with counsel for the defendant, Darrell Hawkins, who consents to the filing of this Motion to Transfer.

WHEREFORE, it is respectfully requested that an Order be entered transferring the above-entitled case to the Honorable Terry Means, a Judge of this Court, for the purposes of re- arraignment, plea, and sentencing.

  Respectfully submitted,



"/s/"_____________________________
William C. McMurrey

Trail Attorney
U.S. Department of Justice
Antitrust Division
Thanksgiving Tower
1601 Elm Street, Suite 4950
Dallas, Texas 75201-4717
(214) 655-2700


CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Government's Motion for Transfer and Proposed Order was sent via U.S. Mail on the 6th day of January, 1995, to the following:

  David L. Botsford, Esq.
Alvis, Curssow, Cummins,
Hoeffner & Botsford
100 Congress Avenue, Suite 1700
Austin, TX 78701



_______"/s/"____________________
                    William C. McMurrey

                    Trial Attorney
                    U.S. Department of Justice
                    Antitrust Division


UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION



UNITED STATES OF AMERICA,    

                  v.

DARRELL HAWKINS,

                  Defendant.


|
|
|
|
|
|
|
|
|
|         
Criminal No. 494CR-137A

Filed:

Violation:

15 U.S.C. 1



ORDER FOR TRANSFER

UPON APPLICATION by the United States for an Order transferring the above-entitled criminal action to the Honorable Terry Means, a Judge of this Court, for the purposes of re- arraignment, plea, and sentencing; and it being represented by the United States that this criminal action is legally and factually related to a criminal action over which said Judge has been assigned to preside; and it being represented that counsel for the defendant has been notified of and consents to the filing of this motion by the United States;

THEREFORE, IT IS HEREBY ORDERED THAT: The above- entitled criminal action be transferred to Judge Terry Means for the purposes of re-arraignment, plea, and sentencing.

DONE AND ENTERED at Fort Worth, Texas, this ___ day of January, 1995.

  _______________________________________
HONORABLE JOHN McBRYDE
UNITED STATES DISTRICT JUDGE