THE RULE OF LAW…
JUDGEGATE (Minnesota) versus CLERKGATE (Texas/LA)
AUG 16, 2023
United States District Judge Traynor is a member of the North Dakota State Board of Higher Education and former Chair of the Disciplinary Board of the North Dakota Supreme Court.
Nominated by Donald Trump Leonard Leo, he has been a member of the Federalist Society since 2016.
Docket Text:
ORDER OF RECUSAL.
Magistrate Judge Dulce J. Foster recused.
Case reassigned to Magistrate Judge David T. Schultz for all further proceedings.
NOTE: the new case number is 23-cv-1119 WMW/DTS.
Please use this case number for all subsequent pleadings.
Signed by Magistrate Judge Dulce J. Foster on 8/16/2023.(MMG)
OBSTRUCTION OF JUSTICE
However, it is the fraud which has been perpetrated at the hands of the legal profession, including the judicial machinery itself, which has kept the flames of injustice and fraudulence burning for over a decade and a half.https://t.co/7Bi8d4BUfN pic.twitter.com/A4pSNyeUtN
— lawsinusa (@lawsinusa) August 15, 2023
A Circuit Split Shakes the Judiciary and Legal System: All Minnesota Judges Disqualify After Lawyer-Magistrate’s ‘Anticipated’ Testimony
Contrary to Texas, this District Court disqualified all judges from participating in the Dornsbach proceeding before this court due to the anticipated witness testimony by Magistrate Judge Dolce Foster (“MJF”).
CA8 assigned North Dakota Judge Daniel Traynor to preside over the case. His role involves deciding on pleadings involving MJF as well as presiding over the trial, including Magistrate Judge Dolce Foster’s witness-testimony.
The plaintiff does not dispute that Judge Traynor has been correctly assigned to preside by order of the Chief Judge of CA8. See 28 U.S.C. § 292(b).
Consequently, Judge Traynor, although deemed a visitor (as this court retains jurisdiction over the proceedings) possesses the full panoply of judicial powers needed for adjudication of the litigation.
However, Plaintiff asserts it is the reason[s] for the disqualification of all judges which is important to recognize, and the CA8 Order clearly states why:
“in my judgment the public interest so requires”.
Lawyer or Judge as a Witness: Judges Should Not Be Witnesses Claims Dolce Foster
As Dornsbach illuminates, prior to her current role as a Magistrate Judge, Dolce Foster practiced as a trial lawyer, which forms the crux of the issue at hand.
The subpoena pertains to her previous capacity as counsel for the defendant in question. Perturbingly, her motion to quash the subpoena is replete with striking contentions, notably including the assertion that
“precedent discourages requiring federal judges from testifying…”.
Alas, her endeavor to quash the subpoena proved unsuccessful, as her legal arguments were ultimately dismissed by the out-of-state District Judge assigned to the case.
This outcome led to her transition from being a presiding judge to a “lawyer as a witness,” precipitating the subsequent disqualification of all District judges, considering her active sitting status.
All Minnesota Judges Disqualified
“Defendants also seek testimony about the summaries prepared by the United States related to Foster’s belief that “Olson’s memory is poor and his recollection of certain topics is incomplete, not the most reliable, and/or that Olson may have difficulty remembering specifics” and that “Olson was part of a special education program growing up.”
The summary produced is related to communications between Foster and the United States – not between Foster and Olson.
Further, Counsel shared these observations with the United States and thus surrendered any privileges that may have attached to them.
United States v. Workman, 138 F.3d 1261, 1263 (8th Cir. 1998) (“Voluntary disclosure of attorney client communications expressly waives the privilege.”) (citations omitted).
United States v. Dornsbach
(0:22-cr-00048)
District Court, D. Minnesota
APR 7, 2022 | REPUBLISHED BY LIT: AUG 16, 2023
(a)The chief judge of a circuit may designate and assign one or more district judges within the circuit to sit upon the court of appeals or a division thereof whenever the business of that court so requires. Such designations or assignments shall be in conformity with the rules or orders of the court of appeals of the circuit.
(b)The chief judge of a circuit may, in the public interest, designate and assign temporarily any district judge of the circuit to hold a district court in any district within the circuit.
(c)The chief judge of the United States Court of Appeals for the District of Columbia Circuit may, upon presentation of a certificate of necessity by the chief judge of the Superior Court of the District of Columbia pursuant to section 11–908(c) of the District of Columbia Code, designate and assign temporarily any district judge of the circuit to serve as a judge of such Superior Court, if such assignment (1) is approved by the Attorney General of the United States following a determination by him to the effect that such assignment is necessary to meet the ends of justice, and (2) is approved by the chief judge of the United States District Court for the District of Columbia.
(d)The Chief Justice of the United States may designate and assign temporarily a district judge of one circuit for service in another circuit, either in a district court or court of appeals, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises.
(e)The Chief Justice of the United States may designate and assign temporarily any district judge to serve as a judge of the Court of International Trade upon presentation to him of a certificate of necessity by the chief judge of the court.
U.S. District Court
U.S. District of Minnesota (DMN)
CRIMINAL DOCKET FOR CASE #: 0:22-cr-00048-DMT-CRH-1
Case title: USA v. Dornsbach et al | Date Filed: 03/09/2022Date Terminated: 05/12/2023 |
Date Filed | # | Docket Text |
---|---|---|
05/18/2022 | 44 | MOTION for Discovery by USA as to Steven Dornsbach, Kamida, Inc.. (McCarthy, Mary) (Entered: 05/18/2022) |
05/18/2022 | 45 | MOTION for Compliance with Fed. R. Crim. P. 16 by Steven Dornsbach, Kamida, Inc.. (Madel, Christopher) (Entered: 05/18/2022) |
05/18/2022 | 46 | NOTICE of Hearing on Motion to Order Government to Comply with Fed. R. Crim. P. 16 by Steven Dornsbach, Kamida, Inc. re 45 MOTION for Compliance with Fed. R. Crim. P. 16: Hearing set for 6/27/22 at 10:00 a.m., via Zoom, before Magistrate Judge Elizabeth Cowan Wright. (Madel, Christopher) Modified text on 5/20/2022 (ABR). (Entered: 05/18/2022) |
05/18/2022 | 47 | MEET and CONFER STATEMENT re 45 Motion for Compliance by Steven Dornsbach, Kamida, Inc. (Madel, Christopher) (Entered: 05/18/2022) |
05/18/2022 | 50 | DECLARATION in Support by Steven Dornsbach, Kamida, Inc. re 45 MOTION for Compliance with Fed. R. Crim. P. 16 (Attachments: # 1 Exhibit(s) 1-2)(Madel, Christopher) Modified text on 5/19/2022 (kt). (Entered: 05/18/2022) |
05/18/2022 | 51 | PROPOSED ORDER TO JUDGE re 45 MOTION for Compliance with Fed. R. Crim. P. 16 by Steven Dornsbach, Kamida, Inc. (Madel, Christopher) (Entered: 05/18/2022) |
05/18/2022 | 52 | MOTION to Seal Document by Steven Dornsbach, Kamida, Inc.. (Madel, Christopher) (Entered: 05/18/2022) |
05/18/2022 | 53 | MEMORANDUM in Support by Steven Dornsbach, Kamida, Inc. re 52 MOTION to Seal Document 48, 49, 49-1, 49-2, and 49-3 (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Madel, Christopher) (Entered: 05/18/2022) |
PACER Service Center | |||
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Transaction Receipt | |||
08/14/2023 22:22:32 |
U.S. District Court
U.S. District of Minnesota (DMN)
CRIMINAL DOCKET FOR CASE #: 0:22-cr-00048-DMT-CRH-1
Case title: USA v. Dornsbach et al | Date Filed: 03/09/2022Date Terminated: 05/12/2023 |
Date Filed | # | Docket Text |
---|---|---|
04/26/2023 | 306 | REAL-TIME FEED & EXPEDITED HOURLY TRANSCRIPT SERVICES REQUEST to Court Reporters Lynne Krenz and Erin Drost. (Gold, Matthew) (Entered: 04/26/2023) |
04/27/2023 | 307 | OBJECTION to proposed jury instructions by USA as to Steven Dornsbach, Kamida, Inc. (Gold, Matthew) (Entered: 04/27/2023) |
04/28/2023 | 308 | MOTION to Strike Its Trial Attorneys from Defendants’ Witness List by USA as to Steven Dornsbach, Kamida, Inc.. (Gold, Matthew) (Entered: 04/28/2023) |
04/28/2023 | 309 | (Text-Only) ORDER Setting Expedited Briefing Schedule as to Steven Dornsbach, Kamida, Inc.: Defendants’ Response Brief re 308 MOTION to Strike Its Trial Attorneys from Defendants’ Witness List filed by USA due by 2:00 p.m. on 4/28/2023. The Court will address this issue at the pretrial conference on 5/1/2023. Ordered by District Judge Daniel M. Traynor on 4/28/2023. (JCK) (Entered: 04/28/2023) |
04/28/2023 | 310 | RESPONSE in Opposition by Steven Dornsbach, Kamida, Inc. re 308 MOTION to Strike Its Trial Attorneys from Defendants’ Witness List (Madel, Christopher) (Entered: 04/28/2023) |
04/28/2023 | 311 | ORDER granting in part and denying in part 223 Motion to Exclude Expert Testimony as to Steven Dornsbach (1), Kamida, Inc. (2). (Restricted Document) (Written Opinion) Signed by District Judge Daniel M. Traynor on 4/28/2023. (JCK) (Entered: 04/28/2023) |
04/28/2023 | 312 | ORDER denying 229 Motion in Limine Regarding Interstate Commerce as to Steven Dornsbach (1), Kamida, Inc. (2). (Restricted Document) (Written Opinion) Signed by District Judge Daniel M. Traynor on 4/28/2023. (JCK) (Entered: 04/28/2023) |
04/28/2023 | 313 | ORDER granting in part and denying in part 225 Motion in Limine 1-10 as to Steven Dornsbach (1), Kamida, Inc. (2). (Restricted Document) (Written Opinion) Signed by District Judge Daniel M. Traynor on 4/28/2023. (JCK) (Entered: 04/28/2023) |
04/28/2023 | 314 | ORDER denying 283 Motion in Limine to Exclude Late-Produced Documents and “Additional Interstate Commerce Evidence” and finding as moot 283 Motion to Order the Government to Produce their Trial Exhibits to the Defendants as to Steven Dornsbach (1), Kamida, Inc. (2). (Restricted Document) (Written Opinion) Signed by District Judge Daniel M. Traynor on 4/28/2023. (JCK) (Entered: 04/28/2023) |
04/28/2023 | 315 | ORDER granting 274 Motion to Quash as to Steven Dornsbach (1), Kamida, Inc. (2); denying 277 Motion to Quash as to Steven Dornsbach (1), Kamida, Inc. (2). (Restricted Document) (Written Opinion) Signed by District Judge Daniel M. Traynor on 4/28/2023. (JCK) (Entered: 04/28/2023) |
04/28/2023 | 316 | PROPOSED EXHIBIT LIST 2 by USA as to Steven Dornsbach, Kamida, Inc. (Talbott, Sandra) (Entered: 04/28/2023) |
04/28/2023 | 317 | PROPOSED WITNESS LIST 2 by USA as to Steven Dornsbach, Kamida, Inc. (Restricted Document). (Talbott, Sandra) (Entered: 04/28/2023) |
04/28/2023 | 318 | ORDER denying 227 Motion in Limine to Exclude Evidence Regarding the Reasonableness of Defendants’ Pricing as to Steven Dornsbach (1), Kamida, Inc. (2); denying 231 Motion in Limine to Exclude Evidence of Defendants’ Pricing as Prejudicial as to Steven Dornsbach (1), Kamida, Inc. (2); granting in part and denying in part 235 Motion in Limine to Exclude Specific Acts of Lawful Conduct as to Steven Dornsbach (1), Kamida, Inc. (2); granting 237 Motion in Limine to Exclude Evidence of Defendants’ Specific Intent as to Steven Dornsbach (1), Kamida, Inc. (2); denying 239 Motion in Limine to Exclude Commentary Regarding Discovery as to Steven Dornsbach (1), Kamida, Inc. (2); granting 242 Motion in Limine to Exclude Evidence of Defendants’ Ignorance of Law as to Steven Dornsbach (1), Kamida, Inc. (2); denying as moot 245 Motion in Limine to Prohibit Certain Uses of Federal Agent Interview Reports as to Steven Dornsbach (1), Kamida, Inc. (2); denying without prejudice 247 Motion in Limine to Exclude Evidence or Argument about the Disposition of Unindicted Co-Conspirators as to Steven Dornsbach (1), Kamida, Inc. (2); anddenying as premature 249 251 254 256 Motions in Limine to Admit Certain Evidence as to Steven Dornsbach (1), Kamida, Inc. (2). (Restricted Document) (Written Opinion) Signed by District Judge Daniel M. Traynor on 4/28/2023. (JCK) (Entered: 04/28/2023) |
04/29/2023 | 319 | REDACTION by Steven Dornsbach, Kamida, Inc. to 298 Sealed Memorandum in Opposition to Motion filed by Steven Dornsbach, Kamida, Inc. (Madel, Christopher) (Entered: 04/29/2023) |
04/29/2023 | 320 | PROPOSED WITNESS LIST (Amended) by Steven Dornsbach, Kamida, Inc. (Restricted Document). (Madel, Christopher) (Entered: 04/29/2023) |
04/30/2023 | 321 | PROPOSED EXHIBIT LIST (Amended) by Steven Dornsbach, Kamida, Inc. (Madel, Christopher) (Entered: 04/30/2023) |
04/30/2023 | 322 | MOTION to Request Entry of Agreed Upon Proposed Redactions by USA as to Steven Dornsbach, Kamida, Inc.. (Attachments: # 1 Proposed Redactions to Dkt 314, # 2 Proposed Redactions to Dkt 315) (Gold, Matthew) (Entered: 04/30/2023) |
05/01/2023 | 323 | Minute Entry for proceedings held before District Judge Daniel M. Traynor: Jury Trial as to Steven Dornsbach (1) and Kamida, Inc. (2) held on 5/1/2023, Voir Dire begun. Opening Statements for Plaintiff and Defendants. Government witness. (Court Reporter Lynne Krenz) (rm) (Entered: 05/01/2023) |
05/02/2023 | 324 | Minute Entry for proceedings held before Judge Daniel M. Traynor: Second Day of Jury Trial as to Steven Dornsbach and Kamida, Inc. held on 5/2/2023. Government’s witnesses: L. Fischer, J. Anderson, C. Olson. (Court Reporter Lynne Krenz) (rm) (Entered: 05/03/2023) |
05/02/2023 | 337 | AMENDED Minute Entry for proceedings held before District Judge Daniel M. Traynor: Jury Trial as to Steven Dornsbach, Kamida, Inc. held on 5/2/2023. Government’s witnesses: L. Fischer, J. Anderson, C. Olson. (Court Reporter Lynne Krenz) (CLK) (Entered: 05/09/2023) |
05/03/2023 | 325 | EXPEDITED DAILY TRANSCRIPT SERVICES REQUEST to Court Reporter Lynne Krenz. (Madel, Christopher) (Entered: 05/03/2023) |
05/03/2023 | 326 | Minute Entry for proceedings held before District Judge Daniel M. Traynor: Third Day of Jury Trial as to Steven Dornsbach and Kamida, Inc. held on 5/3/2023. Government’s witnesses: C. Olson, B. Berghuis, J. Pomeroy, M. Solano, J. Mutzenberger. Defendants’ witness: U.S. Magistrate Judge Dulce Foster. (Court Reporter Lynne Krenz) (rm) (Entered: 05/03/2023) |
05/03/2023 | 327 | EXPEDITED DAILY TRANSCRIPT SERVICES REQUEST to Court Reporter Lynne Krenz. (Madel, Christopher) (Entered: 05/03/2023) |
05/04/2023 | 328 | Minute Entry for proceedings held before District Judge Daniel M. Traynor: Fourth Day of Jury Trial as to Steven Dornsbach and Kamida, Inc. held on 5/4/2023. Government’s witnesses: J. Earle, D. Kahring, C. Mieska, M. Bourne, K. Hill, C. Germann. (Court Reporter Lynne Krenz) (rm) (Entered: 05/04/2023) |
05/08/2023 | 329 | Defendants’ Proposed Changes to Court’s Proposed Verdict Form by Steven Dornsbach, Kamida, Inc. (Madel, Christopher) Modified text on 5/10/2023 (kt). (Entered: 05/08/2023) |
05/08/2023 | 330 | Defendants’ Proposed Changes to Court’s Proposed Final Jury Instructions by Steven Dornsbach, Kamida, Inc. (Madel, Christopher) Modified text on 5/10/2023 (kt). (Entered: 05/08/2023) |
05/08/2023 | 331 | United States’ Track Changes to the Court’s Proposed Final Jury Instructions by USA as to Steven Dornsbach, Kamida, Inc. (Gold, Matthew) Modified text on 5/10/2023 (kt). (Entered: 05/08/2023) |
05/08/2023 | 332 | MOTION for Acquittal by Steven Dornsbach, Kamida, Inc.. (Madel, Christopher) (Entered: 05/08/2023) |
05/08/2023 | 333 | MEMORANDUM in Support by Steven Dornsbach, Kamida, Inc. re 332 MOTION for Acquittal (Madel, Christopher) (Entered: 05/08/2023) |
05/08/2023 | 334 | PROPOSED ORDER TO JUDGE re 332 MOTION for Acquittal by Steven Dornsbach, Kamida, Inc. (Madel, Christopher) (Entered: 05/08/2023) |
05/08/2023 | 335 | Minute Entry for proceedings held before District Judge Daniel M. Traynor: Fifth Day of Jury Trial as to Steven Dornsbach and Kamida, Inc. held on 5/8/2023. Government’s witnesses: C. Martin, C. Gerda, K. Harler, T. Stallings, R. Scatena, J. Quinones, T. Vetsch, K. Becken, Agent Burnham. Defendants’ witness: T. Gorowsky. (Court Reporter Lynne Krenz) (rm) (Entered: 05/08/2023) |
05/09/2023 | 336 | MOTION to Renew Motion for Judgment of Acquittal [Dkt. 333] by Steven Dornsbach, Kamida, Inc.. (Madel, Christopher) (Entered: 05/09/2023) |
05/09/2023 | 338 | Minute Entry for proceedings held before District Judge Daniel M. Traynor: Sixth Day of Jury Trial as to Steven Dornsbach and Kamida, Inc. held on 5/9/2023. Defendants’ witnesses: T. Gorowsky, K. Lund. Closing Arguments. Case to Jury. (Court Reporter Lynne Krenz) (rm) (Entered: 05/09/2023) |
05/10/2023 | 339 | (Text-Only) ORDER as to Steven Dornsbach, Kamida, Inc., denying 332 MOTION for Acquittal and denying 336 MOTION to Renew Motion for Judgment of Acquittal [Dkt. 333]. The motions are denied for the reasons stated on the record. Follows oral orders of 5/9/2023. Signed by District Judge Daniel M. Traynor on 5/10/2023. (JCK) (Entered: 05/10/2023) |
05/10/2023 | 340 | Preliminary Jury Instructions as to Steven Dornsbach, Kamida, Inc. (JCK) (Entered: 05/10/2023) |
05/10/2023 | 341 | Final Jury Instructions as to Steven Dornsbach, Kamida, Inc. (JCK) (Entered: 05/10/2023) |
05/10/2023 | 342 | Order Vacating Conditions of Pretrial Release as to Steven Dornsbach and Kamida, Inc. Signed by District Judge Daniel M. Traynor on 5/10/2023. (JCK) (Entered: 05/10/2023) |
05/10/2023 | 343 | REDACTED JURY VERDICT as to Steven Dornsbach (1) Not Guilty on Count 1 and Kamida, Inc. (2) Not Guilty on Count 1. Pursuant to Fed. R. Crim. P. 49.1, an unredacted version of this document is filed under seal. (Attachments: # 1 SEALED Original Jury Verdict)(rm) (Entered: 05/10/2023) |
05/10/2023 | 344 | Minute Entry for proceedings held before District Judge Daniel M. Traynor: Seventh Day of Jury Trial as to Steven Dornsbach and Kamida, Inc. held on 5/10/2023. Jury deliberation, questions and answers. Jury Verdict. (7 Days) (Court Reporter Lynne Krenz) (Attachments: # 1 Instruction Regarding Verdict Form) (rm) (Entered: 05/11/2023) |
05/10/2023 | 345 | REDACTED JURY QUESTION No. 1 as to Steven Dornsbach and Kamida, Inc. Pursuant to Fed. R. Crim. P. 49.1, an unredacted version of this document is filed under seal. (Attachments: # 1 SEALED Original Jury Question(s), # 2 Answer to First Jury Question)(rm) (Entered: 05/11/2023) |
05/10/2023 | 346 | REDACTED JURY QUESTION No. 2 as to Steven Dornsbach and Kamida, Inc. Pursuant to Fed. R. Crim. P. 49.1, an unredacted version of this document is filed under seal. (Attachments: # 1 SEALED Original Jury Question), # 2 Answer to Second Jury Question)(rm) (Entered: 05/11/2023) |
05/10/2023 | 347 | REDACTED JURY QUESTION No. 3 as to Steven Dornsbach and Kamida, Inc. Pursuant to Fed. R. Crim. P. 49.1, an unredacted version of this document is filed under seal. (Attachments: # 1 SEALED Original Jury Question, # 2 Answer to Third Jury Question)(rm) (Entered: 05/11/2023) |
05/11/2023 | 348 | JOINT STIPULATION re 338 Minute Entry (Sixth Day of Jury Trial) as to Steven Dornsbach and Kamida, Inc. (rm) (Entered: 05/11/2023) |
05/11/2023 | 349 | FINAL GOVERNMENT’S WITNESS LIST as to Steven Dornsbach and Kamida, Inc. for Jury Trial held 5/1/23 to 5/10/23. (Attachments: # 1 Final Defendants’ Witness List). (rm) (Entered: 05/11/2023) |
05/11/2023 | 350 | FINAL GOVERNMENT’S EXHIBIT LIST as to Steven Dornsbach and Kamida, Inc. for Jury Trial held 5/1/23 to 5/10/23. (Attachments: # 1 Final Defendants’ Exhibit List, # 2 Court’s Exhibit List)(rm) (Entered: 05/11/2023) |
05/12/2023 | 351 | JUDGMENT OF ACQUITTAL by Judge Daniel M. Traynor as to Steven Dornsbach (1). Count 1: Not Guilty by jury. (rm) (Entered: 05/12/2023) |
05/12/2023 | 353 | TRANSCRIPT of Jury Voir Dire Proceedings held on 5/1/23 before District Judge Daniel M. Traynor as to Steven Dornsbach, Kamida, Inc. (97 pages). Court Reporter:Lynne Krenz. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents. (LMK) (Entered: 05/12/2023) |
05/12/2023 | 354 | TRANSCRIPT of Pretrial Conference held on 5/1/2023 before District Judge Daniel M. Traynor as to Steven Dornsbach, Kamida, Inc.. (18 pages). Court Reporter: Lynne Krenz. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings.
Notice Intent/No Intent to Request Redactions due 5/19/2023. |
05/12/2023 | 355 | TRANSCRIPT of Trial Vol I held on 5/1/2023 before District Judge Daniel M. Traynor as to Steven Dornsbach, Kamida, Inc.. (137 pages). Court Reporter: Lynne Krenz. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings.
Notice Intent/No Intent to Request Redactions due 5/19/2023. |
05/12/2023 | 356 | TRANSCRIPT of Trial Vol II held on 5/2/2023 before District Judge Daniel M. Traynor as to Steven Dornsbach, Kamida, Inc.. (277 pages). Court Reporter: Lynne Krenz. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings.
Notice Intent/No Intent to Request Redactions due 5/19/2023. |
05/12/2023 | 357 | TRANSCRIPT of Trial Vol III held on 5/3/2023 before District Judge Daniel M. Traynor as to Steven Dornsbach, Kamida, Inc.. (269 pages). Court Reporter: Lynne Krenz. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings.
Notice Intent/No Intent to Request Redactions due 5/19/2023. |
05/12/2023 | 358 | TRANSCRIPT of Trial Vol IV held on 5/4/2023 before District Judge Daniel M. Traynor as to Steven Dornsbach, Kamida, Inc.. (201 pages). Court Reporter: Lynne Krenz. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings.
Notice Intent/No Intent to Request Redactions due 5/19/2023. |
05/12/2023 | 359 | TRANSCRIPT of Trial Vol V held on 5/8/2023 before District Judge Daniel M. Traynor as to Steven Dornsbach, Kamida, Inc.. (294 pages). Court Reporter: Lynne Krenz. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings.
Notice Intent/No Intent to Request Redactions due 5/19/2023. |
05/12/2023 | 360 | TRANSCRIPT of Trial VI held on 5/9/2023 before District Judge Daniel M. Traynor as to Steven Dornsbach, Kamida, Inc.. (250 pages). Court Reporter: Lynne Krenz. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings.
Notice Intent/No Intent to Request Redactions due 5/19/2023. |
05/12/2023 | 361 | TRANSCRIPT of Trial VII held on 5/10/2023 before District Judge Daniel M. Traynor as to Steven Dornsbach, Kamida, Inc.. (25 pages). Court Reporter: Lynne Krenz. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings.
Notice Intent/No Intent to Request Redactions due 5/19/2023. |
05/12/2023 | 362 | ORDER permitting contact with jurors as to the United States. Signed by District Judge Daniel M. Traynor on 5/12/2023. (JCK) (Entered: 05/12/2023) |
05/17/2023 | 363 | TEXT-ONLY ORDER granting 322 Motion to Request Entry of Agreed Upon Proposed Redactions as to Steven Dornsbach (1), Kamida, Inc. (2). Redacted orders to be filed separately. Signed by District Judge Daniel M. Traynor on 5/17/2023. (JCK) Modified text on 5/19/2023 (kt). (Entered: 05/17/2023) |
05/17/2023 | 364 | REDACTED ORDER re 315 order granting 274 Motion to Quash as to Steven Dornsbach (1), Kamida, Inc. (2); denying 277 Motion to Quash as to Steven Dornsbach (1), Kamida, Inc. (2). (Written Opinion) Signed by District Judge Daniel M. Traynor on 5/17/2023. (JCK) (Entered: 05/17/2023) |
05/17/2023 | 365 | REDACTED ORDER re 314 Order denying 283 Motion in Limine to Exclude Late-Produced Documents and “Additional Interstate Commerce Evidence” and finding as moot 283 Motion to Order the Government to Produce their Trial Exhibits to the Defendants as to Steven Dornsbach (1), Kamida, Inc. (2). (Written Opinion) Signed by District Judge Daniel M. Traynor on 5/17/2023. (JCK) (Entered: 05/17/2023) |
05/17/2023 | 366 | (Text-Only) ORDER Directing Clerk to set document restrictions as follows:Document Number(s) to be UNSEALED: 311 , 312 , 313 , 318 .
The Parties have not requested redactions of these documents and they may be filed publicly without restriction. Ordered by District Judge Daniel M. Traynor on 5/17/2023. (JCK) (Entered: 05/17/2023) |
07/10/2023 | 367 | MOTION for Order for Permanent Injunction by Steven Dornsbach, Kamida, Inc.. (Madel, Christopher) (Entered: 07/10/2023) |
07/10/2023 | 368 | MEET and CONFER STATEMENT re 367 Motion for Order for by Steven Dornsbach, Kamida, Inc. (Madel, Christopher) (Entered: 07/10/2023) |
07/10/2023 | 369 | MEMORANDUM in Support by Steven Dornsbach, Kamida, Inc. re 367 MOTION for Order for Permanent Injunction (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Madel, Christopher) (Entered: 07/10/2023) |
07/10/2023 | 370 | AFFIDAVIT in Support by Steven Dornsbach, Kamida, Inc. re 367 MOTION for Order for Permanent Injunction (Madel, Christopher) (Entered: 07/10/2023) |
07/10/2023 | 371 | AFFIDAVIT in Support by Steven Dornsbach, Kamida, Inc. re 367 MOTION for Order for Permanent Injunction (Attachments: # 1 Exhibit(s) 1-6)(Madel, Christopher) (Entered: 07/10/2023) |
07/10/2023 | 372 | PROPOSED ORDER TO JUDGE re 367 Motion for Order for by Steven Dornsbach, Kamida, Inc. (Madel, Christopher) (Entered: 07/10/2023) |
07/19/2023 | 373 | LETTER TO DISTRICT JUDGE by Steven Dornsbach, Kamida, Inc.. (Madel, Christopher) (Entered: 07/19/2023) |
07/20/2023 | 374 | (Text-Only) ORDER SETTING BRIEFING SCHEDULE re 367 MOTION for Order for Permanent Injunction as to Steven Dornsbach, Kamida, Inc. Government Response due 8/3/2023. Defendant Reply due 8/10/2023. Ordered by District Judge Daniel M. Traynor on 7/20/2023. (JCK) (Entered: 07/20/2023) |
08/03/2023 | 375 | RESPONSE in Opposition by USA as to Steven Dornsbach, Kamida, Inc. re 367 MOTION for Order for Permanent Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kim, Eun-Ha) (Entered: 08/03/2023) |
08/10/2023 | 376 | REPLY TO RESPONSE to Motion by Steven Dornsbach, Kamida, Inc. re 367 MOTION for Order for Permanent Injunction (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Madel, Christopher) (Entered: 08/10/2023) |
08/10/2023 | 377 | DECLARATION in Support by Steven Dornsbach, Kamida, Inc. re 367 MOTION for Order for Permanent Injunction (Madel, Christopher) Modified text on 8/11/2023 (kt). (Entered: 08/10/2023) |
08/10/2023 | 378 | DECLARATION in Support by Steven Dornsbach, Kamida, Inc. re 367 MOTION for Order for Permanent Injunction (Madel, Christopher) Modified text on 8/11/2023 (kt). (Entered: 08/10/2023) |
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08/14/2023 14:36:43 |
U.S. District Court
U.S. District of Minnesota (DMN)
CRIMINAL DOCKET FOR CASE #: 0:22-cr-00048-DMT-CRH-1
Case title: USA v. Dornsbach et al | Date Filed: 03/09/2022Date Terminated: 05/12/2023 |
Assigned to: District Judge Daniel M. Traynor Referred to: Magistrate Judge Clare R Hochhalter |
||
Defendant (1) | ||
Steven Dornsbach TERMINATED: 05/12/2023 |
represented by | Christopher W. Madel Madel PA 800 Hennepin Ave Ste 800 Minneapolis, MN 55403 612-605-0630 Email: cmadel@madellaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: RetainedJennifer M Robbins Madel PA 800 Hennepin Ave. Ste 800 Minneapolis, MN 55403 612-605-0630 Fax: 612-326-9990 Email: jrobbins@madellaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts | Disposition | |
None | ||
Highest Offense Level (Opening) | ||
None | ||
Terminated Counts | Disposition | |
15:1 CONSPIRACY TO RESTRAIN TRADE (1) |
Not Guilty by jury. | |
Highest Offense Level (Terminated) | ||
Felony | ||
Complaints | Disposition | |
None |
Plaintiff | ||
USA | represented by | Allison Mileo Gorsuch DOJ-Atr Antitrust Division 209 S. LaSalle St Ste 600 Chicago, IL 60604 312-705-1145 Email: allison.gorsuch@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICEDEun-Ha Kim DOJ-Atr Antitrust Division 450 Fifth Street NW, Suite 11300 Washington, DC 10002 202-805-8465 Email: eun-ha.kim@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: RetainedMatthew Gold DOJ-Atr 209 S. LaSalle Street Suite 600 Chicago, IL 60604 312-316-0681 Email: matthew.gold@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICEDSandra Talbott DOJ-Atr Antitrust Division 209 S. Lasalle Ste 600 Chicago, IL 60604 312-754-3934 Email: sandra.talbott@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICEDKaitlyn Barry DOJ-Atr Antitrust Division 209 S. LaSalle Street Ste 600 Chicago, IL 60604 312-692-1058 Email: kaitlyn.barry@usdoj.gov TERMINATED: 04/27/2022 Designation: RetainedMary T. McCarthy DOJ-Atr 209 S. LaSalle St. Suite 600 Chicago, IL 60604 312-984-7200 Email: mary.mccarthy2@usdoj.gov TERMINATED: 06/27/2022 Designation: Retained |
Date Filed | # | Docket Text |
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04/19/2023 | 267 | ORDER denying 212 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 207 Order on Motion to Compel as to Steven Dornsbach (1), Kamida, Inc. (2).(Restricted Document) Signed by District Judge Daniel M. Traynor on 4/19/2023. (JCK) (Entered: 04/19/2023) |
04/19/2023 | 268 | (Text-Only) ORDER Directing Clerk to set document restrictions as follows:Document Number(s) to be UNSEALED: 211 ORDER denying APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION.
The Parties have advised the Court no redactions are necessary. The document may be publicly filed. Ordered by District Judge Daniel M. Traynor on 4/19/2023. (JCK) (Entered: 04/19/2023) |
04/19/2023 | 269 | Proposed Jury Instructions by Steven Dornsbach, Kamida, Inc. (Madel, Christopher) (Entered: 04/19/2023) |
04/20/2023 | 270 | REDACTION by Steven Dornsbach, Kamida, Inc. to 232 Sealed Memorandum in Support of Motion filed by Steven Dornsbach, Kamida, Inc. (Madel, Christopher) (Entered: 04/20/2023) |
04/20/2023 | 271 | REDACTION by Steven Dornsbach, Kamida, Inc. to 226 Sealed Memorandum in Support of Motion filed by Steven Dornsbach, Kamida, Inc. (Madel, Christopher) (Entered: 04/20/2023) |
04/20/2023 | 272 | TRANSCRIPT REQUEST for an Expedited Hourly Transcript (within 2 hours) of 10 Initial Appearance,, Bond Set/Reset, 18 Sealed Minutes,,, 11 Arraignment,,, 9 Arraignment,, 8 Initial Appearance to Court Reporter Contract Court Reporter. (Gold, Matthew) (Entered: 04/20/2023) |
04/21/2023 | 273 | REAL-TIME FEED & EXPEDITED DAILY TRANSCRIPT SERVICES REQUEST to Court Reporter Lynne Krenz. (Gold, Matthew) (Entered: 04/21/2023) |
04/21/2023 | 274 | NOTICE OF MOTION AND MOTION to Quash Subpoena filed by Jon M. Hopeman as to Steven Dornsbach, Kamida, Inc. (Attachments: # 1 Attachment Subpoena, # 2 Cover Letter) (MKB) (Entered: 04/21/2023) |
04/21/2023 | 275 | DECLARATION filed by Jon M. Hopeman as to Steven Dornsbach, Kamida, Inc. re 274 MOTION to Quash (Attachments: # 1 Attachment Subpoena, # 2 Cover Letter) (MKB) (Entered: 04/21/2023) |
04/21/2023 | 276 | MEMORANDUM in Support of Motion filed by Jon M. Hopeman as to Steven Dornsbach, Kamida, Inc. re 274 MOTION to Quash. (MKB) (Entered: 04/21/2023) |
04/21/2023 | 277 | NOTICE OF MOTION AND MOTION to Quash Subpoena filed by Jon M. Hopeman as to Steven Dornsbach, Kamida, Inc. (Attachments: # 1 Attachment Subpoena, # 2 Affidavit Regarding Subpoena, # 3 Exhibit(s) 1, # 4 Cover Letter) (MKB) (Entered: 04/21/2023) |
04/21/2023 | 278 | MEMORANDUM in Support filed by Jon M. Hopeman as to Steven Dornsbach, Kamida, Inc. re 277 MOTION to Quash. (MKB) (Entered: 04/21/2023) |
04/21/2023 | 279 | (Text-Only) ORDER for expedited briefing schedule re 274 Motion to Quash and 277 Motion to Quash as to Steven Dornsbach, Kamida, Inc.:. Response due by noon on 4/25/2023. There will be no Replies filed. Ordered by District Judge Daniel M. Traynor on 4/21/2023. (JCK) cc:Hopeman on 4/24/2023 (ABR). (Entered: 04/21/2023) |
04/21/2023 | 280 | MOTION to Request Unopposed Redactions to April 19, 2023 Order 267 by USA as to Steven Dornsbach, Kamida, Inc.. (Attachments: # 1 Exhibit(s) Proposed Redactions) (Gold, Matthew) (Entered: 04/21/2023) |
04/24/2023 | 281 | (Text-Only) ORDER granting 280 Motion to Request Unopposed Redactions to April 19, 2023 Order 267 as to Steven Dornsbach (1), Kamida, Inc. (2). Redacted Order to be filed separately. Signed by District Judge Daniel M. Traynor on 4/24/2023. (JCK) Modified text on 4/24/2023 (ABR). (Entered: 04/24/2023) |
04/24/2023 | 282 | REDACTED ORDER re 267 Order Re: Appeal/Objection of Magistrate Judge Decision to District Judge. Signed by District Judge Daniel M. Traynor on 4/24/2023. (JCK) (Entered: 04/24/2023) |
04/24/2023 | 283 | MOTION in Limine to Exclude Late-Produced Documents and “Additional Interstate Commerce Evidence” and (2) to Order the Government to Produce their Trial Exhibits to the Defendants by Steven Dornsbach, Kamida, Inc.. (Madel, Christopher) (Entered: 04/24/2023) |
04/24/2023 | 287 | PROPOSED ORDER TO JUDGE re 283 MOTION in Limine to Exclude Late-Produced Documents and “Additional Interstate Commerce Evidence” and (2) to Order the Government to Produce their Trial Exhibits to the Defendants by Steven Dornsbach, Kamida, Inc. (Madel, Christopher) (Entered: 04/24/2023) |
04/24/2023 | 288 | MOTION to Seal Document by Steven Dornsbach, Kamida, Inc.. (Madel, Christopher) (Entered: 04/24/2023) |
04/24/2023 | 290 | PROPOSED ORDER TO JUDGE re 288 MOTION to Seal Document by Steven Dornsbach, Kamida, Inc. (Madel, Christopher) (Entered: 04/24/2023) |
04/24/2023 | 291 | (Text-Only) ORDER Setting Expedited Briefing Schedule re 283 Motion in Limine as to Steven Dornsbach, Kamida, Inc.:. USA Response due 4/25/2023. There will be no Replies filed. Ordered by District Judge Daniel M. Traynor on 4/24/2023. (JCK) (Entered: 04/24/2023) |
04/24/2023 | 292 | MEMORANDUM in Opposition by Steven Dornsbach, Kamida, Inc. re 235 First MOTION in Limine to Exclude Evidence of Lawful Conduct, 231 First MOTION in Limine to Exclude Prejudicial Evidence, 223 First MOTION to Exclude Expert Testimony, 249 First MOTION in Limine to Admit Defendant Statements, 242 First MOTION in Limine To Exclude Ignorance of Law, 245 First MOTION in Limine Regarding Witness Interview Reports, 256 First MOTION in Limine Regarding 404b Evidence, 254 First MOTION in Limine To Admit Summary Exhibits, 227 First MOTION in Limine to Exclude Evidence of Reasonableness, 239 First MOTION in Limine To Prohibit Discovery Commentary, 237 First MOTION in Limine To Exclude Specific Intent, 251 First MOTION in Limine Regarding Verbal Acts, 247 First MOTION in Limine Regarding Unindicted Co-Conspirator Dispositions (Madel, Christopher) (Entered: 04/24/2023) |
04/24/2023 | 293 | PARTIAL TRANSCRIPT (Excerpt) of Initial Appearance and Arraignment (not sealed portion) held on 4/7/2022 before Magistrate Judge Becky R. Thorson as to Steven Dornsbach, Kamida, Inc.. (27 pages). Transcriber: Renee Rogge. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings.
Notice Intent/No Intent to Request Redactions due 5/1/2023. |
04/24/2023 | 294 | LETTER TO DISTRICT JUDGE objecting to Court’s draft preliminary instructions by Steven Dornsbach, Kamida, Inc.. (Madel, Christopher) (Entered: 04/24/2023) |
04/24/2023 | 295 | RESTRICTED PARTIAL TRANSCRIPT (Excerpt) of Initial Appearance and Arraignment (sealed portion) held on 4/7/2022 before Magistrate Judge Becky R. Thorson as to Steven Dornsbach, Kamida, Inc. (11 pages). Transcriber: Renee Rogge. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.(RAR) (Entered: 04/24/2023) |
04/24/2023 | 296 | RESPONSE in Opposition by USA as to Steven Dornsbach, Kamida, Inc. re 229 MOTION in Limine Regarding Interstate Commerce (Gorsuch, Allison) (Entered: 04/24/2023) |
04/24/2023 | 297 | RESPONSE in Opposition by USA as to Steven Dornsbach, Kamida, Inc. re 225 MOTION in Limine 1-10 (Gorsuch, Allison) (Entered: 04/24/2023) |
04/25/2023 | 300 | MOTION to Seal Document by Steven Dornsbach, Kamida, Inc.. (Madel, Christopher) (Entered: 04/25/2023) |
04/25/2023 | 302 | PROPOSED ORDER TO JUDGE re 300 MOTION to Seal Document by Steven Dornsbach, Kamida, Inc. (Madel, Christopher) (Entered: 04/25/2023) |
04/25/2023 | 303 | RESPONSE to Motion by USA as to Steven Dornsbach, Kamida, Inc. re 283 MOTION in Limine to Exclude Late-Produced Documents and “Additional Interstate Commerce Evidence” and (2) to Order the Government to Produce their Trial Exhibits to the Defendants (Gold, Matthew) (Entered: 04/25/2023) |
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08/13/2023 11:29:09 |
LIT reminds the citizens who don’t know: this is what sitting Chief Judges, Judges and Magistrates in Federal Courts across the nation are not only thinking, but proudly including in their written court orders. What hope do you have, when this is the current state of democracy? pic.twitter.com/1f7Mpkg7VZ
— lawsinusa (@lawsinusa) August 16, 2023
Minnesota Concrete Company and its CEO Indicted for Rigging Bids for Public Contracts
MAR 10, 2022 | REPUBLISHED BY LIT: AUG 13, 2023
Second Charge Filed for Long-Running Conspiracy that Targeted Local Governments and Public Schools in Minnesota
Note: The defendants in this case, Steven Dornsbach and Kamida Inc., were acquitted by a jury of the charges alleged in the indictment described in the press release below.
A federal grand jury returned an indictment charging Kamida Inc., a Minnesota-based concrete repair and construction corporation, and its CEO, Steven Dornsbach, with participating in a conspiracy to rig bids for public concrete repair and construction contracts in the state of Minnesota.
According to court documents filed in the U.S. District Court in Minneapolis, Dornsbach and Kamida conspired to rig bids on concrete repair and construction contracts submitted to at least four municipalities in the state of Minnesota, including local governments and school districts in the Minneapolis-St. Paul area, from at least as early as September 2012 and continuing through at least July 2017. Last year, Minnesota concrete contractor Clarence Olson pleaded guilty for his involvement in the conspiracy.
“Bid-rigging schemes that target local government contracts cheat taxpayers out of the benefits of competition,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “This indictment affirms the division’s commitment to safeguarding the integrity of the government procurement process at all levels of government.”
“For years, the defendants allegedly cheated their own communities by conspiring to rig bids on concrete repair and construction contracts for local governments and school districts,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “Bid rigging is not a victimless crime; it reduces competition and charges taxpayers the difference. This indictment shows that the FBI and our partners are committed to investigating those who try to cheat the system for their own gain.”
The defendants are each charged with a violation of the Sherman Act, which carries a maximum penalty of 10 years in prison and a $1 million fine for individuals, and a $100 million fine for corporations. The maximum fine for a Sherman Act charge may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime if either amount is greater than the statutory maximum fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Antitrust Division’s Chicago Office is prosecuting the case, which was investigated with the assistance of the FBI’s Minneapolis Field Office.
In November 2019, the Department of Justice created the Procurement Collusion Strike Force (PCSF), a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant and program funding at all levels of government – federal, state and local. For more information, visit https://www.justice.gov/procurement-collusion-strike-force.
Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258 or visit http://www.justice.gov/atr/report-violations.
Updated May 16, 2023
AttachmentDornsbach Kamida Indictment.pdf [PDF, 262 KB]
Topic
ANTITRUST
Component
Antitrust Division
Press Release Number: 22-214