Southern California Lumber Industry Retirement Fund et al v. Tsuyoshi Tanooka et al
| Southern California Lumber Industry Retirement Fund and Board of Trustees of the Southern California Lumber Industry Retirement Fund |
| Tsuyoshi Tanooka and Reiko Tanooka |
| Ronald G Dean |
| 2:2015cv02334 |
| March 30, 2015 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Frederick F Mumm |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1381 |
| None |
Docket Report
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| Filing 58 SATISFACTION OF JUDGMENT re Judgment, #44 entered In favor of Board of Trustees of the Southern California Lumber Industry Retirement Fund Against Reiko Tanooka, In favor of Southern California Lumber Industry Retirement Fund Against Reiko Tanooka, In favor of Southern California Lumber Industry Retirement Fund Against Tsuyoshi Tanooka, In favor of Board of Trustees of the Southern California Lumber Industry Retirement Fund Against Tsuyoshi Tanooka filed by Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. (Mindirgasova, Valentina) |
Filing 57
ORDER VACATING JUDGMENT DEBTOR EXAMINATIONS OF TSUYOSHI TANOOKA AND REIKO TANOOKA by Magistrate Judge Frederick F. Mumm: granting #56 REQUEST to Vacate (jm)
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| Filing 56 REQUEST to Vacate Order on Motion for Judgment Debtor Exam, #51 , Order on Motion for Judgment Debtor Exam, #50 to Vacate Judgment Debtor Examinations of Tsuyoshi Tanooka and Reiko Tanooka filed by Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. (Attachments: #1 Proposed Order Vacating Judgment Debtor Examinations) (Mindirgasova, Valentina) |
| Filing 55 DECLARATION OF SERVICE filed by plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund, re Order on Motion for Judgment Debtor Exam, #51 served on 06-14-2016. (Mindirgasova, Valentina) |
| Filing 54 DECLARATION OF SERVICE filed by plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund, re Order on Motion for Judgment Debtor Exam, #50 served on 06-14-2016. (Mindirgasova, Valentina) |
| Filing 53 Writ of Execution issued against Reiko Tanooka re: Affidavit and Request for Issuance of Writ of Execution #49 . (gk) |
| Filing 52 Writ of Execution issued against Tsuyoshi Tanooka re: Affidavit and Request for Issuance of Writ of Execution #48 . (gk) |
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Filing 51
ORDER TO APPEAR FOR EXAMINATION RE: ENFORCEMENT OF JUDGMENT, JUDGMENT DEBTOR REIKO TANOOKA by Magistrate Judge Frederick F. Mumm: granting #46 APPLICATION for Judgment Debtor Exam. Judgment Debtor Exam set for 7/12/2016 10:00 AM before Magistrate Judge Frederick F. Mumm. (mz)
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Filing 50
ORDER TO APPEAR FOR EXAMINATION RE: ENFORCEMENT OF JUDGMENT, JUDGMENT DEBTOR TSUYOSHI TANOOKA by Magistrate Judge Frederick F. Mumm: granting #45 APPLICATION for Judgment Debtor Exam. Judgment Debtor Exam set for 7/12/2016 10:00 AM before Magistrate Judge Frederick F. Mumm. (mz)
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| Filing 49 Affidavit and Request for Issuance of Writ of Execution filed by Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. (Attachments: #1 Proposed Writ of Execution as to Reiko Tanooka)(Mindirgasova, Valentina) |
| Filing 48 Affidavit and Request for Issuance of Writ of Execution filed by Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. (Attachments: #1 Proposed Writ of Execution as to Tsuyoshi Tanooka)(Mindirgasova, Valentina) |
| Filing 47 ABSTRACT of Judgment issued in favor of Plaintiff Southern California Lumber Industry Retirement Fund, Board of Trustees of the Southern California Lumber Industry Retirement Fund and against Reiko Tanooka in the principal amount of $ 200,000.00, interest in the amount of $ 2712.33, attorneys fees of $ 0.00, costs of $ 0.00. RE: Judgment #44 . (lom) |
| Filing 46 APPLICATION for Judgment Debtor Exam as to Reiko Tanooka filed by Plaintiffs Southern California Lumber Industry Retirement Fund, Board of Trustees of the Southern California Lumber Industry Retirement Fund. (Attachments: #1 Proposed Order to Appear for Examination) (Mindirgasova, Valentina) |
| Filing 45 APPLICATION for Judgment Debtor Exam as to Tsuyoshi Tanooka filed by Plaintiffs Southern California Lumber Industry Retirement Fund, Board of Trustees of the Southern California Lumber Industry Retirement Fund. (Attachments: #1 Proposed Order to Appear for Examination) (Mindirgasova, Valentina) |
| Filing 44 JUDGMENT by Judge Dolly M. Gee: Judgment is hereby entered in favor of Plaintiffs Southern California Lumber Industry Retirement Fund and Board of Trustees of the Southern California Lumber Industry Retirement Fund and against Defendants Tsuyoshi Tanooka and Reiko Tanooka in the principal amount of $200,000, plus 5% per annum in prejudgment interest thereon, commencing as of 2/18/2016. (MD JS-6, Case Terminated). (gk) |
| Filing 43 REQUEST for Judgment ON BREACH OF THE SETTLEMENT AGREEMENT AND FAILURE TO COMPLY WITH COURT ORDER DIRECTING PAYMENT filed by plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. (Attachments: #1 Declaration OF VALENTINA S. MINDIRGASOVA IN SUPPORT OF PLAINTIFFS REQUEST FOR ENTRY OF JUDGMENT ON BREACH OF THE SETTLEMENT AGREEMENT AND FAILURE TO COMPLY WITH COURT ORDER DIRECTING PAYMENT, #2 Proposed Order For JUDGMENT) (Mindirgasova, Valentina) |
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Filing 42
MINUTES OF IN CHAMBERS - ORDER GRANTING PLAINTIFFS' MOTION TO ENFORCE SETTLEMENT AGREEMENT by Judge Dolly M. Gee: The Court GRANTS Plaintiffs Southern California Lumber Industry Retirement Fund and Board of Trustees of the Southern California Lumber Industry Retirement Fund filed a motion to enforce the Settlement Agreement entered into between Plaintiffs and Defendants Tsuyoshi Tanooka and Reiko Tanooka #40 due to Defendants' failure to file an opposition. The Court orders as follows: (1) This action is settled, and Defendants shall perform under the terms of the Settlement Agreement fully executed as of 1/4/2016. (2) Plaintiffs' Request for Attorneys' Fees and Costs associated with the bringing of the Motion is hereby DENIED as the record is inadequate to justify a finding of bad faith;. (3) All payments referenced in this Order and in the Parties' Settlement Agreement shall be made within 14 days of this Order. (4) Upon Plaintiffs' certification under oath that all such payments have been made, this case will be dismissed with prejudice. (5) The 5/6/2016 hearing is VACATED. Court Reporter: Not Reported. (gk)
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Filing 41
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court, having received Plaintiffs' motion to enforce settlement agreement #40 , hereby DISCHARGES the Order to Show Cause filed on March 31, 2016 #39 . IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 40 NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement filed by Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. Motion set for hearing on 5/6/2016 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Valentina S. Mindirgasova in Support of Motion to Enforce Settlement Agreement, #2 Proposed Order Enforcing Settlement Agreement) (Mindirgasova, Valentina) |
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Filing 39
MINUTE ORDER IN CHAMBERS ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge Dolly M. Gee: On March 2, 2016, the Court GRANTED Plaintiff's motion to reopen case and ordered Plaintiffs to file a motion to enforce settlement agreement forthwith. [Doc. no. 38.] To date, a motion has not been filed. IT IS HEREBY ORDERED that Plaintiffs show cause in writing no later than April 7, 2016 why this action should not be dismissed for lack of prosecution. The filing of a motion to enforce settlement agreement by the deadline will be deemed a satisfactory response. (bm)
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Filing 38
ORDER REOPENING CASE by Judge Dolly M. Gee: In consideration of the Motion to Reopen Case #37 , it is hereby ORDERED that the Motion is GRANTED. Plaintiffs shall file a motion to enforce settlement agreement forthwith. (MD-JS5 Case Reopened) (gk)
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| Filing 37 NOTICE OF MOTION AND MOTION to Reopen Case filed by Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. Motion set for hearing on 4/1/2016 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Valentina S. Mindirgasova in Support of Motion to Reopen Case, #2 Proposed Order Reopening Case) (Mindirgasova, Valentina) |
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Filing 36
MINUTES (IN CHAMBERS) ORDER AND NOTICE TO ALL PARTIES by Judge Dolly M. Gee: In light of the notice of settlement, filed 1/4/2016, indicating that the case has settled in its entirety #33 , this action is placed in inactive status. By 2/25/2016 the parties shall file either (1) a proper stipulation and order for dismissal or judgment or (2) motion to reopen if settlement has not been consummated. Upon the failure to timely comply with this Order, this action shall be deemed dismissed as of 2/26/2016. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. All scheduled dates and deadlines are VACATED. (Made JS-6. Case Terminated.) Court Reporter: Not Reported. (gk)
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| Filing 35 NOTICE of Change of Attorney Business or Contact Information: for attorney Kerry Kessler Fennelly counsel for Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. Changing firm name to Cornwell & Baldwin. Filed by Plaintiffs Southern California Lumber Industry Retirement Fund; Board of Trustees of the Southern California Lumber Industry Retirement Fund. (Fennelly, Kerry) |
| Filing 34 MEDIATION REPORT filed by Mediator (ADR Panel) Ronald G Dean: A mediation did not take place because the case settled before the session occurred.(Dean, Ronald) |
| Filing 33 NOTICE of Settlement - JOINT filed by Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. (Mindirgasova, Valentina) |
| Filing 32 NOTICE of Change of Attorney Business or Contact Information: for attorney Valentina S Mindirgasova counsel for Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. Changing firm name to Cornwell & Baldwin. Filed by Plaintiffs Southern California Lumber Industry Retirement Fund, and Board of Trustees of the Southern California Lumber Industry Retirement Fund. (Mindirgasova, Valentina) |
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Filing 31
ORDER RE: JOINT STIPULATION TO EXTEND SCHEDULE OF PRETRIAL AND TRIAL DATES #30 by Judge Dolly M. Gee: The deadlines and hearings originally scheduled have been rescheduled: Discovery cut-off 1/19/2016., Exhibit List due by 4/15/2016., Witness List due by 4/15/2016., Motions due by 1/29/2016., Motions in Limine to be filed by 4/12/2016., Proposed Pretrial Order due by 4/15/2016., Status Report due by 4/5/2016., Last date to conduct settlement conference is 3/29/2016., Court Trial set for 5/24/2016 09:30 AM., Final Pretrial Conference set for 4/26/2016 02:00 PM. (SEE DOCUMENT FOR OTHER DEADLINES) (lc) Modified on 10/26/2015 (lc).
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| Filing 30 First STIPULATION for Joinder in Pretrial-Trial Scheduling Order - form only,, #23 filed by Defendants Reiko Tanooka, Tsuyoshi Tanooka. (Attachments: #1 Declaration Declaration of Nate Loakes, #2 Proposed Order Proposed Order re Joint Stipulation to Extend Schedule of Pre-Trial & Trial Dates)(Ryan, Kelly) |
| Filing 29 Notice of Appearance or Withdrawal of Counsel: for attorney Kerry Kessler Fennelly counsel for Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. Thomas J. Brady is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Southern California Lumber Industry Retirement Fund, et al.. (Fennelly, Kerry) |
| Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Kerry Kessler Fennelly counsel for Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. Adding Kerry K. Fennelly as counsel of record for Southern California Lumber Industry Retirement Fund, et al. for the reason indicated in the G-123 Notice. Filed by Plaintiff Southern California Lumber Industry Retirement Fund, et al.. (Attorney Kerry Kessler Fennelly added to party Board of Trustees of the Southern California Lumber Industry Retirement Fund(pty:pla), Attorney Kerry Kessler Fennelly added to party Southern California Lumber Industry Retirement Fund(pty:pla))(Fennelly, Kerry) |
| Filing 27 NOTICE OF MEDIATION DATE filed. Mediation set for 01/14/2016.(Dean, Ronald) |
| Filing 26 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Ronald G Dean has been assigned to serve as Panel Mediator. (mb) |
| Filing 25 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Ronald G. Dean may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund(Mindirgasova, Valentina) |
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Filing 24
ORDER/REFERRAL to ADR Procedure No 2 by Judge Dolly M. Gee. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 1/26/2016.Joint status report re settlement due by 2-2-16; no appearance necessary. (shb)
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Filing 23
SCHEDULING AND CASE MANAGEMENT ORDER FOR COURT TRIAL by Judge Dolly M. Gee. The Court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Amended Pleadings due by 10/16/2015. Discovery cut-off 11/17/2015. Exhibit List due by 2/12/2016. Motions in Limine to be filed by 2/2/2016. Motions due by 11/27/2015. Proposed Pretrial Order due by 2/12/2016. Last date to conduct settlement conference is 1/26/2016. Status Report due by 2/2/2016. Witness List due by 2/12/2016. Final Pretrial Conference set for 2/23/2016 at 02:00 PM before Judge Dolly M. Gee. Bench Trial set for 3/22/2016 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Schedule of Pretrial & Trial Datesf) (shb) Modified on 7/15/2015 (shb).
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| Filing 22 NOTICE OF ERRATA filed by Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. correcting Joint Report Rule 26(f) Discovery Plan, #21 (Attachments: #1 Exhibit A)(Mindirgasova, Valentina) |
| Filing 21 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund.. (Mindirgasova, Valentina) |
| Filing 20 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Scheduling Conference set for 7/17/2015 at 11:00 AM. (SEE DOCUMENT FOR FURTHER DETAILS) (vv) |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Tanooka defendants Answer to Complaint #18 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) |
| Filing 18 ANSWER to Plaintiffs Complaint filed by Defendants Reiko Tanooka, Tsuyoshi Tanooka.(Ryan, Kelly) |
| Filing 17 First STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by Defendants Reiko Tanooka, Tsuyoshi Tanooka.(Attorney Kelly Francis Ryan added to party Reiko Tanooka(pty:dft), Attorney Kelly Francis Ryan added to party Tsuyoshi Tanooka(pty:dft))(Ryan, Kelly) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Southern California Lumber Industry Retirement Fund, Board of Trustees of the Southern California Lumber Industry Retirement Fund, upon Defendant Reiko Tanooka served on 4/3/2015, answer due 4/24/2015. Service of the Summons and Complaint were executed upon Reiko Tanooka C/O The Ryan Law Firm in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Brady, Thomas) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Southern California Lumber Industry Retirement Fund, Board of Trustees of the Southern California Lumber Industry Retirement Fund, upon Defendant Tsuyoshi Tanooka served on 4/3/2015, answer due 4/24/2015. Service of the Summons and Complaint were executed upon Tsuyoshi Tanooka C/O The Ryan Law Firm in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Brady, Thomas) |
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Filing 14
MINUTE ORDER IN CHAMBERS: PILOT PROJECT RE SEALED DOCUMENTS by Judge Dolly M. Gee. (SEE DOCUMENT FOR FURTHER DETAILS) (vv)
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Filing 13
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee.(SEE DOCUMENT FOR FURTHER DETAILS) (vv)
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Filing 12
MINUTE ORDER IN CHAMBERS by Judge Dolly M. Gee: Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United StatesDistrict Judge, pursuant to the Order re Transfer Pursuant to General Order 14-03 filed on April 1, 2015. Please take notice that the new Magistrate Judge is Judge Frederick F. Mumm. Please substitute the initials DMG in place of the current initials, so that the case number will now read CV 15-2334-DMG (FFMx).(SEE DOCUMENT FOR FURTHER DETAILS) (vv)
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Filing 11
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 -Related Case- filed. Related Case No: CV14-05602 DMG (FFMx). Case transferred from Judge John A. Kronstadt and Magistrate Judge John E. McDermott to Judge Dolly M. Gee and Magistrate Judge Frederick F. Mumm for all further proceedings. The case number will now reflect the initials of the transferee Judge CV15-02334 DMG (FFMx). Signed by Judge Dolly M. Gee. (mg)
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| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Reiko Tanooka. (car) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Tsuyoshi Tanooka. (car) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge John E. McDermott. (car) |
| Filing 6 NOTICE of Related Case(s) filed by Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. Related Case(s): 2:14-cv-05602-DMG-FFM (Brady, Thomas) |
| Filing 5 NOTICE of Interested Parties filed by Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund, (Brady, Thomas) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. (Brady, Thomas) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. (Brady, Thomas) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Board of Trustees of the Southern California Lumber Industry Retirement Fund, Southern California Lumber Industry Retirement Fund. (Brady, Thomas) |
| Filing 1 COMPLAINT Receipt No: 0973-15457465 - Fee: $400, filed by Plaintiffs Southern California Lumber Industry Retirement Fund, Board of Trustees of the Southern California Lumber Industry Retirement Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Attorney Thomas J Brady added to party Board of Trustees of the Southern California Lumber Industry Retirement Fund(pty:pla), Attorney Thomas J Brady added to party Southern California Lumber Industry Retirement Fund(pty:pla))(Brady, Thomas) |
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