Henry et al v. Rizzolo et al
| Kirk Henry and Amy Henry |
| Fredrick Rizzolo, Lisa Rizzolo and The Rick and Lisa Rizzolo Family Trust |
| 2:2008cv00635 |
| May 16, 2008 |
| US District Court for the District of Nevada |
| Fraud or Truth-In-Lending Office |
| Clark |
| George W Foley |
| Philip M. Pro |
| Plaintiff |
| Diversity |
| 28:1332 Diversity-Fraud |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
765
ORDER that a hearing to Show Cause why this action should not either be dismissed or set immediately for trial is set for 7/25/2013 01:30 PM in LV Courtroom 7C before Judge Philip M. Pro. Signed by Judge Philip M. Pro on 7/12/2013. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
757
JUDGMENT regarding Plaintiffs' 755 Application for Judgment against Garnishee Defendant Metlife Investors USA Insurance Company is Granted. Judgment is hereby entered on 5/16/2013 in the amount of $109,736.88 in favor of Defendant Kimtran Rizzolo for the use of Plaintiffs Kirk and Amy Henry against Garnishee Defendant Metlife Investors USA Insurance Company. Signed by Judge Philip M. Pro on 5/16/2013. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
747
ORDER Granting 744 Motion for Order Directing the United States Marshal's Service to Serve the Writ of Garnishment on Metropolitan Life Insurance Company. Signed by Magistrate Judge George Foley, Jr on 4/4/2013. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
746
ORDER that Garnishee Defendant Transamerica Life Insurance Companys 743 Objections to Magistrate Judges February 20, 2013 Order Granting Plaintiffs Motion for Attorneys Fees are overruled and the 742 Order of the Magistrate Judge entered February 20, 2013 is hereby AFFIRMED. Signed by Judge Philip M. Pro on 3/25/2013. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
742
ORDER Granting 703 Plaintiffs' Motion for Attorneys' Fees against Garnishee-Defendant Transamerica Life Insurance Company (Transamerica) in the amount of $25,675.50. Signed by Magistrate Judge George Foley, Jr on 2/20/2013. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
730
ORDER that 722 Plaintiff's Request for Exception to the Settlement Conference Attendance Requirements is GRANTED. FURTHER ORDERED that Plaintiff Kirk Henry be available telephonically for the Settlement Conference. Signed by Magistrate Judge George Foley, Jr on 1/18/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
721
ORDER Denying 717 Defendant's Renewed Motion to Disqualify Donald J. Campbell and C. Stanley Hunterton as Counsel for Plaintiffs. Signed by Magistrate Judge George Foley, Jr on 01/11/2013. (Copies have been distributed pursuant to the NEF - AC)
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Filing
705
ORDER that Plaintiff's request that the settlement conference be reassigned to a different Magistrate Judge is DENIED. The settlement conference shall proceed on 1/25/2013 at 9:00 a.m. before Magistrate Judge Foley as previously ordered by the Court 667 . Signed by Judge Philip M. Pro on 12/21/2012. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
702
ORDER Granting 693 Motion to Withdraw as Attorney. Attorney Kenneth G. Frizzell, III withdrawn from the case as to Frederick Rizzolo. Signed by Magistrate Judge George Foley, Jr on 12/19/2012. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
695
ORDER Granting 681 Plaintiffs' Motion for Judgment against Defendant Transamerica Life Insurance Company. IT IS FURTHER ORDERED that the Clerk of Court shall enter Judgment in the amount of $190,644.19 in favor of Defendant Kimtran Rizzolo for the use of Plaintiffs Kirk Henry and Amy Henry against Garnishee Defendant Transamerica Life Insurance Company. Signed by Judge Philip M. Pro on 12/4/2012. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
683
ORDER Approving in Part and Denying in Part 677 Motion for Release of Funds. Defendant Lisa Rizzolo shall provide an affidavit attesting to the accuracy of the requested expenses within 10 days of the date of this Order. Signed by Judge Philip M. Pro on 10/29/2012. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
672
JUDGMENT is hereby entered on October 18, 2012 in the amount of $224,643.52 in favor of Defendant Kimtran Rizzolo for the use of Plaintiffs Kirk and Amy Henry against Garnishee Defendant Prudential Life Insurance Company pursuant to NRS Section 31.300(2). Signed by Judge Philip M. Pro on 10/18/2012. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
666
ORDER Referring Case to Magistrate Judge George Foley, Jr. for Settlement Conference. Signed by Judge Philip M. Pro on 10/15/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
664
ORDER Denying 648 Motion for Magistrate Judge to Reconsider 647 Magistrate Judge Order. Signed by Magistrate Judge George Foley, Jr on 10/12/12. (Copies have been distributed pursuant to the NEF - EDS)
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Filing
655
ORDER that 635 Motion for Injunctive Relief Against the Dissipation or Transfer of Assets is GRANTED. FURTHER ORDERED that Defendants Lisa Rizzolo, the LMR Trust, and the Lisa M. Rizzolo Separate Property Trust are hereby enjoined from taking any action, either directly or indirectly, from withdrawing, assigning, dissipating, encumbering, or otherwise disposing of any of the funds in the identified Cook Islands account. FURTHER ORDERED that Defendants may petition the Court for the release of funds from the Cook Islands Account for Lisa Rizzolo's living expenses and attorney's fees. Signed by Judge Philip M. Pro on 10/10/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
647
ORDER that 645 Garnishee Defendant Transamerica's Motion to Stay Writ of Execution Pending Clarification is GRANTED and the enforcement of 634 Order and 594 Writ of Execution are STAYED pending further clarification of 634 Order and a determination whether said order is valid and enforceable. Signed by Magistrate Judge George Foley, Jr on 9/28/2012. (Copies have been distributed pursuant to the NEF - EDS)
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Filing
637
ORDER that a Hearing on Plaintiffs' Renewed Motion for Injunctive Relief Against the dissipation or Transfer of Assets 635 is set for 10/10/2012 at 10:30 AM in LV Courtroom 7C before Judge Philip M. Pro. Signed by Judge Philip M. Pro on 9/19/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
634
ORDER Granting 612 Plaintiffs' Motion for Order Permitting Seizure of Defendant Kimtran Rizzolo's Annuity Accounts. Signed by Magistrate Judge George Foley, Jr on 9/17/2012. (Copies have been distributed pursuant to the NEF - EDS)
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Filing
621
ORDER granting 618 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Eliott R Good for Transamerica Life Insurance Company and approving Designation of Attorney Leonard H Stone as Local Counsel. Signed by Judge Philip M. Pro on 7/23/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
607
ORDER that Kimtran Rizzolos Motion for a New Trial or in the Alternative, to Alter or Amend Judgment 587 is hereby DENIED. A hearing on Plaintiffs Motion for Order to Hold Defendant Kimtran Rizzolo in Civil Contempt 603 is set for Monday, Septem ber 10, 2012, at 3:00 p.m. in Courtroom 7C, in the United States District Court, District of Nevada, located at 333 S. Las Vegas Blvd., Las Vegas, Nevada, 89101. Signed by Judge Philip M. Pro on 6/21/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
602
ORDER that Defendants Lisa Rizzolo, the Lisa Rizzolo Separate Property Trust, and the LMR Trust to obtain and provide to Plaintiffs a current statement regarding the assets in the Cook Islands. Defendants shall provide statements showing any and all deposits into or withdrawals from any account in the Cook Islands since December 1, 2011. Defendants shall further continue to obtain and provide Plaintiffs with monthly account statements showing any future deposits into or withdrawals from the Cook Islands trust account until further order of the Court. Signed by Magistrate Judge George Foley, Jr on 6/4/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
586
JUDGMENT on Attorney Fees in favor of Amy Henry, Kirk Henry against Kimtran Rizzolo. Signed by Clerk of Court, Lance S. Wilson on 4/27/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
583
ORDER Granting 554 Plaintiffs' Motion for Summary Judgment as to Defendants Rick and Kimtran Rizzolo. IT IS FURTHER ORDERED that 561 Defendant Kimtran Rizzolo's Countermotion for Summary Judgment is DENIED. IT IS FURTHER ORDERED that judgment is entered in favor of Plaintiffs Kirk Henry and Amy Henry and against Defendants Rick Rizzolo and Kimtran Rizzolo. IT IS FURTHER ORDERED that Defendants Rick Rizzolo and Kimtran Rizzolo shall make the necessary arrangements to transfer fun ds in the amount of $1,052,996.03 to Plaintiffs Kirk Henry and Amy Henry within thirty (30) days. Any such funds transferred to Plaintiffs Kirk Henry and Amy Henry shall be credited toward the Judgment entered against Rick Rizzolo and The Power Company in Kirk and Amy Henry v. The Power Company, Inc., et al., Case No. A440740 in Nevada state court. Signed by Judge Philip M. Pro on 4/19/12. (Copies have been distributed pursuant to the NEF - EDS)
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Filing
573
ORDER granting 569 Motion for Sanctions re Discovery. Defendant is ordered to further supplement her responses to Interrogatory Nos. 16 and 22 within 14 days of the filing of this order. Failure to do so may result in the imposition of further sa nctions against Defendant and/or her counsel. Plaintiffs are awarded their reasonable attorneys fees and costs incurred in pursuing their previous motion to compel 555 and their instant motion for contempt 569 in an amount to be hereafter determi ned by the Court. Counsel for Plaintiffs shall, no later than 14 days from entry of this order, serve and file a memorandum, supported by the affidavit of counsel, establishing the amount of attorneys fees and costs incurred in the motion addressed in this order. The memorandum shall provide a reasonable itemization and description of the work performed, identify the attorney(s) or other staff member(s) performing the work, the customary fee of the attorney(s) or staff member(s) for such work, and the experience, reputation and ability of the attorney performing the work. The attorneys affidavit shall authenticate the information contained in the memorandum, provide a statement that the bill has been reviewed and edited, and a statement th at the fees and costs charged are reasonable. Counsel for Defendant shall have 14 days from service of the memorandum of costs and attorneys fees in which to file a responsive memorandum addressing the reasonableness of the costs and fees sought, an d any equitable considerations deemed appropriate for the court to consider in determining the amount of costs and fees which should be awarded. Counsel for Plaintiffs shall have 7 days from service of the responsive memorandum in which to file a reply. Signed by Magistrate Judge George Foley, Jr on 3/20/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
567
ORDER that Plaintiffs Motion to Compel Discovery as to Defendant Kimtran Rizzolo and Request for Sanctions 555 is granted in accordance with the foregoing provisions of this order. Defendant Kimtran Rizzolo shall serve fully responsive supplementa l responses to the Interrogatories and Requests for Production discussed in this order on or before January 13, 2012. To the extent that Defendant, after exercising due diligence, cannot produce all required information and documents by this deadline , she shall state in her responses the efforts she has made to comply and shall promptly further supplement her responses as soon as additional information or documents are obtained. Signed by Magistrate Judge George Foley, Jr on 1/3/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
538
ORDER Denying 519 Plaintiffs' Motion for Preliminary Injunction. IT IS FURTHER ORDERED that Defendants Lisa Rizzolo, the Lisa Rizzolo Separate Property Trust, and the LMR Trust must provide Plaintiffs all bank and other statements regarding a ssets in the Cook Islands trust account within 20 days. IT IS FURTHER ORDERED that Defedants must supplement all of their discovery responses on the first of every month, starting 9/1/11. Signed by Judge Philip M. Pro on 7/28/11. (Copies have been distributed pursuant to the NEF - EDS)
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Filing
535
ORDER that Defendant Lisa Rizzolo, the Lisa Rizzolo Separate Property Trust, and the LMR Trusts (Lisa Rizzolo) Renewed Motion to Dismiss for Failure to Join a Necessary and Indispensable Party 474 is hereby DENIED. Signed by Judge Philip M. Pro on 7/21/11. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
533
ORDER Granting 455 Motion for Voluntary Dismissal. Counts 1 and 2 of Plaintiffs' Second Amended Complaint are hereby dismisses as to all defendants. 483 Defendant Lisa Rizzolo's Objections to 480 are hereby OVERRULED. Signed by Judge Philip M. Pro on 7/19/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
524
ORDER Denying 521 Ex Parte Motion for Extension of Time to File Opposition to Plaintiffs' Motion for Leave to File Third Amended Complaint and Reopen Discovery and Motion for Injunctive Relief Against Disposition or Transfer of Assets; and De nying 523 Defendant Fredrick Rizzolo's Joinder. The responses to Plaintiffs' motions shall be due on the originally scheduled date of 6/23/11. Signed by Judge Philip M. Pro on 6/14/11. (Copies have been distributed pursuant to the NEF - EDS)
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Filing
513
ORDER Denying 510 Defendant James Kimsey's Motion to Stay Sentence of Probation Pending Appeal. Signed by Judge Philip M. Pro on 4/12/11. (Copies have been distributed pursuant to the NEF - EDS)
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Filing
509
ORDER granting 508 Motion for Modification to Conditions of Supervision With Consent of Offender as to James Kimsey. Signed by Judge Philip M. Pro on 12/13/10. (Copies have been distributed pursuant to the NEF - ECS, cc: USP)
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Filing
507
ORDER Granting 506 Motion for Withdrawal of Modification Report to Condition of Supervision with Consent of Offender as to James Kimsey. 504 shall be removed from the record. Signed by Judge Philip M. Pro on 12/3/10. (Copies have been distributed pursuant to the NEF - ASB)
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Filing
493
ORDER that Plaintiffs Motion to Extend Pre-Trial Order Deadline 491 is granted. The deadline to file a pre-trial order will be stayed and reset at the hearing on November 10, 2010. Signed by Magistrate Judge George Foley, Jr on 10/29/10. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
480
ORDER that Plaintiffs Motion for Reconsideration 456 is granted subject to the entry of an order dismissing Plaintiffs First and Second Causes of Action. Plaintiffs shall not be required to comply with Order 449 which required them to respond to Defendant Lisa Rizzolos discovery requests relating to the negotiations of the underlying settlement agreement or whether Plaintiffs relied upon any statement or conduct of Defendants. Signed by Magistrate Judge George Foley, Jr on 10/6/10. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
477
ORDER Granting 469 and 470 Defendants' Motions to Extend Time to file dispositive motions. Parties shall have up to and including 10/15/10 to file any dispositive motions. Signed by Magistrate Judge George Foley, Jr on 10/1/10. (Copies have been distributed pursuant to the NEF - EDS)
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Filing
462
ORDER that Plaintiffs Motion for Reconsideration of Order 437 on Motion for Rule 37(b)Sanctions 371 448 is denied. Signed by Magistrate Judge George Foley, Jr on 9/10/10. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
459
ORDER granting 453 Notice of Disassociation of Counsel and Request for Removalfrom CM/ECF Service List. The Clerk of the Court shall remove Dayvid J. Figler, Esq. from the electronic service list in this action. Signed by Magistrate Judge George Foley, Jr on 9/9/2010. (Copies have been distributed pursuant to the NEF - SD)
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Filing
449
ORDER that Defendant Lisa Rizzolos Amended Motion to Compel Answers and Responses to Defendants First Set of Interrogatories and Requests for Production to Plaintiffs and for Appropriate Sanctions 401 is granted, in part, and denied, in part. Plai ntiffs are ordered to provide answers to Defendant Lisa Rizzolo First Set of Interrogatories that are signed under oath by Plaintiffs. Plaintiffs are ordered to answer or supplement their answers to Interrogatory Nos. 1, 19, 20-24 in accordance with the provisions of this order. Plaintiffs are ordered to respond to or supplement their responses to Requests for Production Nos. 2-20 in accordance with the provisions of this order. Signed by Magistrate Judge George Foley, Jr on 8/24/10. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
437
ORDER granting in part and denying in part 371 Motion for Rule 37(b) Sanctions for Defendant Rick Rizzolos Failure to Comply With Order, as follows: Plaintiffs request that a default judgment be entered against Defendant Rick Rizzolo pursuant to Fed.R.Civ.Pro. 37 (b) is denied, without prejudice. Defendant Rick Rizzolo shall produce to Plaintiffs complete bank statements for the RLR Trust Account at the Capital Security Bank in the Cook Islands, or any other financial institution acco unt for that trust, from the date of the inception of such account(s) up to the present or through the date that the bank account(s) was closed. Defendant is further directed to takeimmediate action to request and/or direct the trustees of the the RL R Trust to produce the account statements. Unless extended by stipulation of the parties or court order, such statements shall be produced to Plaintiffs on or before August 25, 2010. Defendant Rick Rizzolo is ordered to pay $1,000.00 to Pla intiffs, as and for reasonable attorneys fees on the motion for sanctions, based on his failure to comply with the Courts order requiring him to produce a complete copy of the RLR Trusts bank account statements. Continued failure to comply with this portion of the Courts order will result in imposition of more severe sanctions, which could include granting Plaintiffs request for entry of adefault judgment. IT IS FURTHER ORDERED that the discovery deadline in this case is extended untilOctober 8, 2010 for purposes of permitting Plaintiffs to take Mr. Rizzolos deposition. Signed by Magistrate Judge George Foley, Jr on 8/10/2010. (Copies have been distributed pursuant to the NEF - SD)
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Filing
414
ORDER granting Defendant Frederick Rizzolo's Second Emergency 413 Motion to Extend Time to Respond to the Court's Order to Supplement the Record. Defendant Rizzolo shall file his supplement to the record by 6/30/2010. Signed by Magistrate Judge George Foley, Jr on 6/26/10. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
373
ORDER that Defendant Fredrick Rizzolos Motion to ReconsiderOrder 352 Denying Defendants Motion 334 for Stay on Enforcement and Execution Pending Appeal from Judgment 286 , 287 re: Posting of Bond Pending Appeal 359 is granted as follows: 1. The enforcement of the Courts order awarding attorneys fees to Plaintiffs in the amount of $5,000.00 286 , 287 shall be stayed pending appeal upon Defendant Fredrick Rizzolos posting of a supersedeas bond in the amount of $5,000.00 with the Court; 2. Defendant Fredrick Rizzolo will post the supersedeas bond on or before May 26, 2010 and file proof of the posting with the Court; 3. The stay pending appeal shall dissolve upon Defendant Fredrick Rizzolos appeal being dismi ssed or denied or upon the Courts order awarding sanctions being overruled. IT IS FURTHER ORDERED that the Courts April 12, 2010 order 352 isvacated. Signed by Magistrate Judge George Foley, Jr on 5/12/2010. (Copies have been distributed pursuant to the NEF - SD)
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Filing
136
ORDER Granting 129 Motion to Compel Dean R. Patti to Produce Documents. Signed by Magistrate Judge George Foley, Jr. (Copies have been distributed pursuant to the NEF - AXM)
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Filing
135
ORDER Granting 128 Motion to Compel. Hearing on 7/13/09 as it relates to Motion 128 only, is vacated. Signed by Magistrate Judge George Foley, Jr on 6/29/09. (Copies have been distributed pursuant to the NEF - AXM)
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