In Re: Bernard L. Madoff Featured Case
In Re: Bernard L. Madoff
Appellant: Adele Fox and Susanne Stone Marshall
Appellee: Irving H. Picard
Case Number: 1:2010cv04652
Filed: June 15, 2010
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: John G Koeltl
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. § 0158
Jury Demanded By: None
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Docket Report

This docket was last retrieved on February 5, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 5, 2014 Filing 49 MANDATE of USCA (Certified Copy) as to #46 Notice of Appeal, filed by Adele Fox, #47 Notice of Appeal, filed by Susanne Stone Marshall USCA Case Number 12-1651 (con); 12-1703(con). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/05/2014. (Attachments: #1 Opinion)(nd)
April 25, 2012 Filing 48 AFFIDAVIT OF SERVICE of Notice of Appeal served on Becker & Poliakoff, P.A.; Baker & Hostetler LLP; Securities Investor Protection Corporation on April 24, 2012. Service was made by Mail. Document filed by Adele Fox. (May, Laurence)
April 24, 2012 Filing 47 NOTICE OF APPEAL from #45 Clerk's Judgment, #44 Memorandum & Opinion,,. Document filed by Susanne Stone Marshall. Filing fee $ 455.00, receipt number 0208-7409145. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Chaitman, Helen)
April 24, 2012 Filing 46 NOTICE OF APPEAL from #45 Clerk's Judgment, #44 Memorandum & Opinion,,. Document filed by Adele Fox. Filing fee $ 455.00, receipt number 0208-7406090. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (May, Laurence)
April 24, 2012 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #46 Notice of Appeal,. (nd)
April 24, 2012 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #41 Notice of Filing Transcript,, #18 Certificate of Service Other filed by Susanne Stone Marshall, #8 Appellant's Brief filed by Adele Fox, #45 Clerk's Judgment, #14 Stipulation and Order, #23 Endorsed Letter, #5 Designation of Record on Appeal filed by Irving H. Picard, #25 Endorsed Letter,, #39 Endorsed Letter, Set Deadlines,,,, #27 Notice of Appearance filed by Irving H. Picard, #12 Notice of Appearance filed by Irving H. Picard, #28 Stipulation and Order,,, #37 Transcript,, #46 Notice of Appeal, filed by Adele Fox, #32 Appellant's Reply Brief filed by Susanne Stone Marshall, #13 Notice of Appearance filed by Irving H. Picard, #2 Designation of Record on Appeal filed by Susanne Stone Marshall, #34 Notice (Other) filed by Irving H. Picard, #35 Notice of Hearing, #33 Certificate of Service Other filed by Susanne Stone Marshall, #3 Designation of Record on Appeal filed by Adele Fox, #22 Endorsed Letter, Set Deadlines/Hearings,, #16 Stipulation and Order, Set Deadlines/Hearings,,,,,,,, #11 Notice of Appearance filed by Irving H. Picard, #30 Endorsed Letter, Set Deadlines/Hearings,, #20 Certificate of Service Other filed by Adele Fox, #10 Notice of Appearance filed by Irving H. Picard, #7 Notice of Appearance filed by Susanne Stone Marshall, #36 Order, Set Hearings,, #43 Notice of Filing Transcript,, #26 Appellee's Brief filed by Irving H. Picard, #17 Appellant's Brief filed by Susanne Stone Marshall, #38 Notice of Filing Transcript,, #42 Transcript,, #1 Bankruptcy Appeal, filed by Susanne Stone Marshall, Adele Fox, #21 MOTION for Jennifer A. Vessells to Appear Pro Hac Vice. filed by Bernard L. Madoff, Irving H. Picard, #40 Transcript,, #4 Designation of Record on Appeal filed by Irving H. Picard, #6 Notice of Appearance filed by Adele Fox, #29 Designation of Record on Appeal filed by Irving H. Picard, #9 Appellant's Brief filed by Susanne Stone Marshall, #31 Appellant's Reply Brief filed by Adele Fox, #19 Appellant's Brief filed by Adele Fox, #24 Order on Motion to Appear Pro Hac Vice, #44 Memorandum & Opinion,, were transmitted to the U.S. Court of Appeals. (nd)
April 24, 2012 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #47 Notice of Appeal,. (nd)
April 24, 2012 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #47 Notice of Appeal, filed by Susanne Stone Marshall, #41 Notice of Filing Transcript,, #18 Certificate of Service Other filed by Susanne Stone Marshall, #8 Appellant's Brief filed by Adele Fox, #45 Clerk's Judgment, #14 Stipulation and Order, #23 Endorsed Letter, #5 Designation of Record on Appeal filed by Irving H. Picard, #25 Endorsed Letter,, #39 Endorsed Letter, Set Deadlines,,,, #27 Notice of Appearance filed by Irving H. Picard, #12 Notice of Appearance filed by Irving H. Picard, #28 Stipulation and Order,,, #37 Transcript,, #46 Notice of Appeal, filed by Adele Fox, #32 Appellant's Reply Brief filed by Susanne Stone Marshall, #13 Notice of Appearance filed by Irving H. Picard, #2 Designation of Record on Appeal filed by Susanne Stone Marshall, #34 Notice (Other) filed by Irving H. Picard, #35 Notice of Hearing, #33 Certificate of Service Other filed by Susanne Stone Marshall, #3 Designation of Record on Appeal filed by Adele Fox, #22 Endorsed Letter, Set Deadlines/Hearings,, #16 Stipulation and Order, Set Deadlines/Hearings,,,,,,,, #11 Notice of Appearance filed by Irving H. Picard, #30 Endorsed Letter, Set Deadlines/Hearings,, #20 Certificate of Service Other filed by Adele Fox, #10 Notice of Appearance filed by Irving H. Picard, #7 Notice of Appearance filed by Susanne Stone Marshall, #36 Order, Set Hearings,, #43 Notice of Filing Transcript,, #26 Appellee's Brief filed by Irving H. Picard, #17 Appellant's Brief filed by Susanne Stone Marshall, #38 Notice of Filing Transcript,, #42 Transcript,, #1 Bankruptcy Appeal, filed by Susanne Stone Marshall, Adele Fox, #21 MOTION for Jennifer A. Vessells to Appear Pro Hac Vice. filed by Bernard L. Madoff, Irving H. Picard, #40 Transcript,, #4 Designation of Record on Appeal filed by Irving H. Picard, #6 Notice of Appearance filed by Adele Fox, #29 Designation of Record on Appeal filed by Irving H. Picard, #9 Appellant's Brief filed by Susanne Stone Marshall, #31 Appellant's Reply Brief filed by Adele Fox, #19 Appellant's Brief filed by Adele Fox, #24 Order on Motion to Appear Pro Hac Vice, #44 Memorandum & Opinion were transmitted to the U.S. Court of Appeals. (nd)
March 28, 2012 Filing 45 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated March 26, 2012, the Bankruptcy Court's Automatic Stay Order, and its Order approving the settlement between the Trustee and the Picower defendants and permanently enjoining certain duplicative or derivative actions against the Picower Defendants is affirmed; accordingly, these case are closed. (Signed by Clerk of Court Ruby Krajick on 3/28/12) (Attachments: #1 notice of right to appeal)(ml)
March 26, 2012 Opinion or Order Filing 44 OPINION AND ORDER: #101619 The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. The Bankruptcy Court's Automatic Stay Order, and its Order approving the settlement between the Trustee and the Picower defendants and permanently enjoining certain duplicative or derivative actions against the Picower Defendants is AFFIRMED. This Opinion and Order finally disposes of the above captioned appeals. The Clerk is directed to close these cases and to close any open motions. (Signed by Judge John G. Koeltl on 3/26/2012) (jfe) Modified on 3/28/2012 (jab).
March 26, 2012 Transmission to Judgments and Orders Clerk. Transmitted re: #44 Memorandum & Opinion to the Judgments and Orders Clerk. (jfe)
February 16, 2012 Filing 43 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 12/19/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
February 16, 2012 Filing 42 TRANSCRIPT of Proceedings re: Argument held on 12/19/2011 before Judge John G. Koeltl. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/12/2012. Redacted Transcript Deadline set for 3/22/2012. Release of Transcript Restriction set for 5/21/2012.(McGuirk, Kelly)
February 8, 2012 Filing 41 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 12/19/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
February 8, 2012 Filing 40 TRANSCRIPT of Proceedings re: argument held on 12/19/2011 before Judge John G. Koeltl. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/11/2012.(McGuirk, Kelly)
January 6, 2012 Filing 39 ENDORSED LETTER addressed to Judge John G. Koeltl from Keith R. Murphy dated 1/6/2012 re: counsel for trustee writes in connection with the letter submitted to the Court on January 4. 2012 by Susanne Marshall, an appellant in the above-referenced appeals. We respectfully request guidance whether the Court will reject the submission, and if not, we respectfully request permission to reply. ENDORSEMENT: The Trustee can reply briefly by 1/12/12., ( Appellant Reply Brief due by 1/12/2012.) (Signed by Judge John G. Koeltl on 1/6/2012) (pl)
December 30, 2011 Filing 38 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 12/19/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 30, 2011 Filing 37 TRANSCRIPT of Proceedings re: Argument held on 12/19/2011 before Judge John G. Koeltl. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/23/2012. Redacted Transcript Deadline set for 2/2/2012. Release of Transcript Restriction set for 4/2/2012.(McGuirk, Kelly)
December 19, 2011 Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 12/19/2011. Bankruptcy appeal. (lmb)
November 16, 2011 Opinion or Order Filing 36 ORDER: that Oral argument in these actions, scheduled for November 28, 2011, is hereby adjourned to Monday, December 19, 2011 at 11:00am. There will be no further adjournments of this matter. ( Oral Argument set for 12/19/2011 at 11:00 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 11/16/11) (pl)
November 10, 2011 Filing 35 NOTICE of Oral Argument: Oral Argument set for 11/28/2011 at 02:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (cd)
March 3, 2011 Filing 34 NOTICE of Appellee Irving H. Picard, Trustees Notice of Supplemental Authority. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A)(Murphy, Keith)
January 7, 2011 Filing 33 CERTIFICATE OF SERVICE. Document filed by Susanne Stone Marshall. (Chaitman, Helen)
January 7, 2011 Filing 32 Appellant's REPLY BRIEF. Document filed by Susanne Stone Marshall. (Chaitman, Helen)
January 7, 2011 Filing 31 Appellant's REPLY BRIEF. Document filed by Adele Fox. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C1, #4 Exhibit C2, #5 Exhibit C3)(Shanahan, Nolan)
December 20, 2010 Opinion or Order Filing 30 ENDORSED LETTER addressed to Judge John G. Koeltl from Nolan E. Shanahan dated 12/17/2010 re: Requesting that the time to file and serve reply briefs in this matter be extended until January 7, 2011. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge John G. Koeltl on 12/17/2010) (jpo)
December 9, 2010 Filing 29 AMENDED APPENDIX COUNTER- DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellee Irving H. Picard. (Renner, Deborah)
December 8, 2010 Filing 28 STIPULATION ADDRESSING ADMINISTRATIVE MATTERS, BY AND BETWEEN COUNSEL FOR THE TRUSTEE AND COUNSEL FOR THE FLORIDA APPELLANTS: 1. The Trustee is authorized to amend the appendices to the Counter-Designations to be consecutively paginated with citations to the record, and include hard copies of certain items not previously reproduced in the appendices. 2. Nothing contained herein can or shall be construed as an adjudication on the merits of any claims that the Trustee and/or the Florida Appellants may have against each other or any other party, or as an admission or acknowledegment of any claim or defense as against the other by either the Trustee or the Florida Appellants, with all such claims and defenses preserved. (Signed by Judge John G. Koeltl on 12/7/2010) (lnl)
December 8, 2010 CASHIERS OFFICE REMARK on #21 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 10/27/2010, Receipt Number 918998. (jd)
December 7, 2010 Filing 27 NOTICE OF APPEARANCE by Tracy Lynn Cole on behalf of Irving H. Picard (Cole, Tracy)
November 23, 2010 Filing 26 Appellee's BRIEF. Document filed by Irving H. Picard. Appellant Reply Brief due by 12/27/2010. (Renner, Deborah)
November 18, 2010 Opinion or Order Filing 25 ENDORSED LETTER addressed to Judge John G. Koeltl from Keith R. Murphy dated 11/17/10 re: Counsel for Appellants Fox and Marshall have both graciously agreed to an extension of the Trustee's deadline from November 19, 2010 to November 23, 2010 due to illness of counsel for Appellee. Accordingly, we agreed to similarly extend the deadline by which Appellants must submit their reply briefs from December 21, 2010 to December 27, 2010. We respectfully request that Your Honor approve the extensions outlined above. ENDORSEMENT: Application granted. So ordered. (Signed by Judge John G. Koeltl on 11/17/10) (rjm)
November 18, 2010 Set Deadlines/Hearings: Appellant Reply Brief due by 12/27/2010. Responses due by 11/23/2010 (rjm)
November 1, 2010 Opinion or Order Filing 24 ORDER granting #21 Motion for Jennifer A. Vessells to Appear Pro Hac Vice for Bernard L. Madoff, Irving H. Picard. (Signed by Judge John G. Koeltl on 11/1/2010) (jmi)
October 29, 2010 Opinion or Order Filing 23 ENDORSED LETTER addressed to Judge John G. Koeltl from Keith R. Murphy dated 10/28/2010 re: Requesting clarification of the applicable appeallate briefing schedule of the two pending appeals, civil action numbers 10-cv-4652 and 10-cv-7101. ENDORSEMENT: The October 8 Order is vacated. The Stipulated October 1 Scheduling Order prevails. (Signed by Judge John G. Koeltl on 10/28/2010) (jpo)
October 29, 2010 Opinion or Order Filing 22 ENDORSED LETTER addressed to Judge John G. Koeltl from Keith R. Murphy dated 10/28/2010 re: Requesting clarification of the applicable appeallate briefing schedule of the two pending appeals, civil action numbers 10-cv-4652 and 10-cv-7101. ENDORSEMENT: The October 8 Order is vacated. The Stipulated October 1 Scheduling Order prevails. (Signed by Judge John G. Koeltl on 10/28/2010) (jpo)
October 27, 2010 Filing 21 MOTION for Jennifer A. Vessells to Appear Pro Hac Vice. Document filed by Bernard L. Madoff, Irving H. Picard.(mro)
October 7, 2010 Filing 20 CERTIFICATE OF SERVICE. Document filed by Adele Fox. (Shanahan, Nolan)
October 5, 2010 Filing 19 Appellant's BRIEF. Document filed by Adele Fox. Appellee Brief due by 10/25/2010. (Shanahan, Nolan)
October 5, 2010 Filing 18 CERTIFICATE OF SERVICE. Document filed by Susanne Stone Marshall. (Chaitman, Helen)
October 5, 2010 Filing 17 Appellant's BRIEF. Document filed by Susanne Stone Marshall. Appellee Brief due by 10/25/2010. (Chaitman, Helen)
October 1, 2010 Opinion or Order Filing 16 STIPULATION MODIFYING SCHEDULING NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE TRUSTEE AND APPELLANTS: Appellants shall submit their initial briefs on or before October 5, 2010. Appellants' initial briefs shall be no more than 60 pages in length. The Trustee shall submit his opposing brief on or before November 19, 2010. The Trustee's opposition brief shall be no more than 60 pages in length, Appellants shall submit their reply briefs on Of before December 21, 2010. Appellants' reply briefs shall be no more than 25 pages in length. Nothing contained herein can or shall be construed as an adjudication on the merits of any claims that the Trustee and/or Appellants may have against each other or any other party, or as an admission or acknowledgment of any claim or defense as against the other by either the Trustee or Appellants, with all such claims and defenses preserved. SO ORDERED ( Appellant Reply Brief due by 12/21/2010, Brief due by 10/5/2010, Responses due by 11/19/2010) (Signed by Judge John G. Koeltl on 9/30/2010) (jmi)
September 21, 2010 Filing 15 TRANSCRIPT of proceedings held on 9/7/10 before Judge John G. Koeltl. (pl)
July 20, 2010 Opinion or Order Filing 14 STIPULATION AND ORDER MODIFYING SCHEDULING: The Trustee shall submit his appellate brief and related documents within two weeks following the later of the entry of (i) an Order, or (ii) a written decision issued by the Bankruptcy Court, determining the Motion to Strike. In such instance, Appellants' reply briefs shall be submitted within three weeks after service of the Trustee's brief and as further set forth in this Order. (Signed by Judge John G. Koeltl on 7/20/2010) (tro)
July 13, 2010 Filing 13 NOTICE OF APPEARANCE by Deborah Hilarie Renner on behalf of Irving H. Picard (Renner, Deborah)
July 13, 2010 Filing 12 NOTICE OF APPEARANCE by Keith R. Murphy on behalf of Irving H. Picard (Murphy, Keith)
July 13, 2010 Filing 11 NOTICE OF APPEARANCE by David J. Sheehan on behalf of Irving H. Picard (Sheehan, David)
July 13, 2010 Filing 10 NOTICE OF APPEARANCE by Keith R. Murphy on behalf of Irving H. Picard (Murphy, Keith)
July 6, 2010 Filing 9 Appellant's BRIEF. Document filed by Susanne Stone Marshall. Appellee Brief due by 7/26/2010. (Chaitman, Helen)
July 6, 2010 Filing 8 Appellant's BRIEF. Document filed by Adele Fox. Appellee Brief due by 7/26/2010. (Shanahan, Nolan)
June 23, 2010 Filing 7 NOTICE OF APPEARANCE by Peter William Smith on behalf of Susanne Stone Marshall (Smith, Peter)
June 22, 2010 Filing 6 NOTICE OF APPEARANCE by Nolan Edward Shanahan on behalf of Adele Fox (Shanahan, Nolan)
June 16, 2010 Mailed notice with REVISED links to Civil Rules and ECF Registration to the attorney(s) of record. www.uscourts.gov/rules, www.nysd.uscourts.gov/ecf_filing.php (rdz)
June 16, 2010 Mailed letter to the United States Bankruptcy Court - Southern District of New York as notification of filing of Bankruptcy Notice of Appeal (Case Number: 08-01789 (BRL).) with the U.S.D.C. - S.D.N.Y. and the assignment of S.D.N.Y. Case Number: 10-cv-4652 (JGK) on 6/16/10. (rdz)
June 15, 2010 Filing 5 AMENDED COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellee Irving H. Picard. (bkar)
June 15, 2010 Filing 4 COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellee Irving H. Picard. (bkar)
June 15, 2010 Filing 3 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellant Adele Fox. (bkar)
June 15, 2010 Filing 2 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellant Susanne Stone Marshall. (bkar)
June 15, 2010 Filing 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Burton R. Lifland dated May 3, 2010. Bankruptcy Court Case Numbers: 10-3114A, 08-1789 (BRL). Certified copies of file received.Document filed by Adele Fox, Susanne Stone Marshall. Appellant Brief due by 7/6/2010. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(bkar)
June 15, 2010 Filing 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Burton R. Lifland dated May 3, 2010. Bankruptcy Court Case Numbers: 10-3114A, 08-1789 (BRL). Certified copies of file received.Document filed by Adele Fox, Susanne Stone Marshall. Appellant Brief due by 7/6/2010. (Attachments: #1 Exhibit A, #2 Exhibit B)(bkar)
June 15, 2010 Case Designated ECF. (bkar)
June 15, 2010 Magistrate Judge James C. Francis is so designated. (bkar)

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In re: Bernard L. Madoff
Represented By: Jennifer Ann Vessells
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Appellant: Adele Fox
Represented By: John H. Drucker
Represented By: Nolan Edward Shanahan
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Appellant: Susanne Stone Marshall
Represented By: Helen Davis Chaitman
Represented By: Peter William Smith
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Appellee: Irving H. Picard
Represented By: Deborah Hilarie Renner
Represented By: Jennifer Ann Vessells
Represented By: Tracy Lynn Cole
Represented By: David J. Sheehan
Represented By: Keith R. Murphy
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