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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