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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
UNITED STATES OF AMERICA ) Criminal No: CR-H-94-58
)
v. )
)
GLAZIER FOODS CO., ) [filed 4/26/94]
)
Defendant. )
GOVERNMENT'S RESPONSE TO DEFENDANT GLAZIER
FOODS COMPANY'S MOTION FOR DISCOVERY AND INSPECTION
The United States of America, through its attorneys,
hereby responds to Defendant Glazier Foods Company's Motion for
Discovery and Inspection (hereinafter "Motion"). The govern-
ment has already discharged its responsibilities under Fed. R.
Crim. P. 16 to this defendant, and will supplement its produc-
tion as required.
The evidence subject to disclosure under Rule 16 in this
case and United States v. John J. Johnson, CR-H-92-152 (S.D.
Tex.), is virtually identical. Because Johnson and Glazier
Foods have the same counsel, defense counsel has had access to
the vast majority of this evidence since October 1992. On April
5, 1994, the government produced the additional Rule 16 materials
to which Glazier Foods alone was entitled, the grand jury
testimony of five (5) Glazier Foods employees under Fed. R. Crim.
P. 16(a)(1)(A)) (see Exhibit A, attached).
As defense counsel was also notified on April 5, 1994,
under Rule 16(a)(1)(C), he will have continued access to the
documents in our Houston document depository under the same terms
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and conditions as agreed to during his representation of Johnson.
Under Rule 16(a)(1)(D), to date, there are no reports of
examinations or tests beyond those already disclosed to defense
counsel during the previous case.
The government has fully complied with the require-
ments of Rule 16, and will fulfill its continuing obligation to
supplement its production as such materials are received.
Respectfully submitted,
"/s/"
JANE E. PHILLIPS
JOAN E. MARSHALL
MARK R. ROSMAN
Attorneys
U.S. Department of Justice
Antitrust Division
1100 Commerce Street, Room 8C6
Dallas, Texas 75242-0898
(214) 767-8051
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CERTIFICATE OF SERVICE
This is to certify that true and correct copy of the
foregoing Government's Response to Defendant Glazier Foods
Company's Motion for Discovery and Inspection was sent via
Certified Mail-Return Receipt Requested this 25th day of April,
1994, to:
Joel M. Androphy, Esq.
Berg & Androphy
3704 Travis Street
Houston, Texas 77002
"/s/"
JANE E. PHILLIPS
Attorney
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
UNITED STATES OF AMERICA ) Criminal No: CR-H-94-58
)
v. )
)
GLAZIER FOODS CO., )
)
Defendant. )
O R D E R
Upon consideration of the Defendant Glazier Foods
Company's Motion for Discovery and Inspection and the
Government's Response,
The Defendant's Motion is hereby DENIED.
DONE AND ENTERED THIS day of , 1994.
____________________________
UNITED STATES DISTRICT JUDGE
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