The Boards of Trustees of The Heat and Frost Insulators and Asbestos Workers Health and Welfare Trust Fund v. Ral Investment Corporation
| THE BOARDS OF TRUSTEES OF THE HEAT AND FROST INSULATORS AND ASBESTOS WORKERS HEALTH AND WELFARE TRUST FUND also known as HEAT AND FROST INSULATORS AND ALLIED WORKERS HEALTH AND WELFARE FUND; WESTERN S, HEAT AND FROST INSULATORS AND ALLIED WORKERS HEALTH AND WELFARE FUND, The Boards of Trustees of The Heat and Frost Insulators and Asbestos Workers Health and Welfare Trust Fund, Western States Insulators and Allied Workers Health Plan, Western States Insulators and Allied Workers Pension Plan, Western States Insulators and Allied Workers Individual Account Plan, Heat and Frost Insulators and Allied Workers Vacation Savings Plan, Heat and Frost Insulators and Allied Workers Apprenticeship and Training Fund, Heat and Frost Insulators and Allied Workers Labor Management Cooperative Trust and Heat and Frost Insulators and Asbestos Workers Local 5 |
| RAL INVESTMENT CORPORATION, a California corporation doing business as SILVERSTRAND CONSTRUCTION, A DIVISION OF RAL INVESTMENT CORPORATION, also doing business as SILVERSTRAND SPECIALTIES, and Ral Investment Corporation a California corporation doing business as Silverstrand Construction, a division of Ral Investment Corporation doing business as Silverstrand Specialties |
| Margaret A Levy |
| 2:2018cv02183 |
| June 15, 2018 |
| US District Court for the Central District of California |
| Percy Anderson |
| Charles F Eick |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1145 E.R.I.S.A. |
| Defendant |
Docket Report
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Filing 38
ORDER DISMISSING ACTION WITH PREJUDICE by Judge Percy Anderson, re Stipulation to Dismiss Case, #37 . Case Terminated. Made JS-6. (mrgo)
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| Filing 37 STIPULATION to Dismiss Case filed by PLAINTIFF The Boards of Trustees of The Heat and Frost Insulators and Asbestos Workers Health and Welfare Trust Fund, Western States Insulators and Allied Workers Health Plan. (Attachments: #1 Proposed Order)(Rosenfeld, Elizabeth) |
| Filing 36 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Margaret A Levy has been assigned to serve as Panel Mediator. (mb) |
| Filing 35 Notice of Appearance or Withdrawal of Counsel: for attorney Jared Allen Roark counsel for Defendant Ral Investment Corporation. Adding Jared A. Roark as counsel of record for RAL Investment Corporation, a California corporation dba Silverstrand Contstruction, A division of RAL Investment Corporation, also dba Silverstrand Specialties for the reason indicated in the G-123 Notice. Filed by Defendant RAL Investment Corporation, a California corporation dba Silverstrand Construction, a division of RAL Investment Corporation, also dba Silverstrand Specialties. (Attachments: #1 Certificate of Service)(Roark, Jared) |
| Filing 34 Notice of Appearance or Withdrawal of Counsel: for attorney Micah L Bailey counsel for Defendant Ral Investment Corporation. Adding Micah L. Bailey as counsel of record for RAL Investment Corporation, a California corporation dba Silverstrand Contstruction, A division of RAL Investment Corporation, also dba Silverstrand Specialties for the reason indicated in the G-123 Notice. Filed by Defendant RAL Investment Corporation, a California corporation dba Silverstrand Construction, a division of RAL Investment Corporation, also dba Silverstrand Specialties. (Attachments: #1 Certificate of Service)(Attorney Micah L Bailey added to party Ral Investment Corporation(pty:dft))(Bailey, Micah) |
| Filing 33 IN CHAMBERS by Judge Percy Anderson. The Court has received the parties joint 26(f) report and finds that a scheduling conference is not necessary. Dates set by the Court in this action are listed in the Schedule of Trial and Pretrial Dates attached to this Order.1 The dates set by the Court are firm dates. Absent extraordinary circumstances, which must satisfy the requirements of Federal Rule of Civil Procedure 16(b) and be brought to the Courts attention in a timely manner, the Court will not modify these dates. The scheduling conference currently on calendar for August 20, 2018, at 10:30 a.m., is hereby vacated, and the matter taken off calendar. IT IS SO ORDERED. Final Pretrial Conference set for 4/19/2019 at 01:30 PM before Judge Percy Anderson. Jury Trial set for 5/14/2019 at 09:00 AM before Judge Percy Anderson.) (rfi) |
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Filing 32
CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. (Discovery cut-off 3/4/2019. Motions due by 3/11/2019. Final Pretrial Conference set for 4/19/2019 at 01:30 PM before Judge Percy Anderson. Jury Trial set for 5/14/2019 at 09:00 AM before Judge Percy Anderson.) (mrgo)
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Filing 31
ORDER/REFERRAL to ADR Procedure No 2 by Judge Percy Anderson. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than March 18, 2019. (mrgo)
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| Filing 30 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiffs Heat and Frost Insulators and Allied Workers Apprenticeship and Training Fund, Heat and Frost Insulators and Allied Workers Labor Management Cooperative Trust, Heat and Frost Insulators and Allied Workers Vacation Savings Plan, Heat and Frost Insulators and Asbestos Workers Local 5, The Boards of Trustees of The Heat and Frost Insulators and Asbestos Workers Health and Welfare Trust Fund, Western States Insulators and Allied Workers Health Plan, Western States Insulators and Allied Workers Individual Account Plan, Western States Insulators and Allied Workers Pension Plan.. (Rosenfeld, Elizabeth) |
| Filing 29 NOTICE of Interested Parties filed by Defendant Ral Investment Corporation, identifying Ricardo Lopez, Alec Lopez. (Attachments: #1 Certificate of Service)(Purdy, Charles) |
| Filing 28 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Complaint (Attorney Civil Case Opening) #24 by Clerk of Court. The document is accepted as filed. Counsel are ordered to file their Notice of Interested Parties forthwith. See Local Rule 7.1-1. (mrgo) |
| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #24 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (mrgo) |
| Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney Mark Joseph Serino counsel for Defendant Ral Investment Corporation. Adding Mark J. Serino as counsel of record for RAL Investment Corporation, a California corporation dba Silverstrand Contstruction, A division of RAL Investment Corporation, also dba Silverstrand Specialties for the reason indicated in the G-123 Notice. Filed by Defendant RAL Investment Corporation, a California corporation dba Silverstrand Construction, a division of RAL Investment Corporation, also dba Silverstrand Specialties. (Attachments: #1 Certificate of Service)(Attorney Mark Joseph Serino added to party Ral Investment Corporation(pty:dft))(Serino, Mark) |
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Filing 25
ORDER SETTING SCHEDULING CONFERENCE by Judge Percy Anderson. Scheduling Conference set for 8/20/2018 at 10:30 AM before Judge Percy Anderson. (rfi)
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| Filing 24 ANSWER to Complaint (Attorney Civil Case Opening),, #1 with JURY DEMAND filed by Defendant Ral Investment Corporation. (Attachments: #1 Certificate of Service)(Purdy, Charles) |
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Filing 23
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Accordingly, Defendant's Motion is granted in part. The Court sets aside the default entered against Defendant. To the extent Defendant requests thirty days to file a responsive pleading, its Motion is denied. Defendant must file a responsive pleading to Plaintiffs' Complaint on or before July 17, 2018. Failure to timely file such a pleading may result in the imposition of sanctions, including the entry of Defendant's default. The Order to Show Cause #11 is discharged, and the June 11, 2018 Order that a dispositive motion be filed #17 is vacated. (lom)
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| Filing 22 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37) - optional html form #15 . #21 filed by Plaintiffs Heat and Frost Insulators and Allied Workers Apprenticeship and Training Fund, Heat and Frost Insulators and Allied Workers Labor Management Cooperative Trust, Heat and Frost Insulators and Allied Workers Vacation Savings Plan, Heat and Frost Insulators and Asbestos Workers Local 5, The Boards of Trustees of The Heat and Frost Insulators and Asbestos Workers Health and Welfare Trust Fund, Western States Insulators and Allied Workers Health Plan, Western States Insulators and Allied Workers Individual Account Plan. (Rosenfeld, Elizabeth) |
| Filing 21 NOTICE OF MOTION AND MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37) - optional html form #15 . filed by Defendant Ral Investment Corporation. Motion set for hearing on 7/23/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Charles E. Purdy IV in Support of Motion to Set Aside Default, #3 Proposed Order, #4 Notice to Interested Parties, #5 Certificate of Service) (Purdy, Charles) |
| Filing 20 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Motion to Vacate, Set Aside, or Correct Sentence (28:2255) (Attorney Civil Case Opening), #18 by Clerk of Court. The document is stricken. Hearing information is missing. Incorrect event selected. Correct event to be used is: Motions and Related Filings > Motion > Set Aside Default. Local Rule 7.11 No Notice of Interested Parties and/or no copies. (mrgo) |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Vacate, Set Aside, or Correct Sentence (28:2255) (Attorney Civil Case Opening), #18 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Motions and Related Filings > Motion > Set Aside Default. Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (mrgo) |
| Filing 18 [DOCUMENT ORDERED STRICKEN PER DOC. NO. 20] MOTION to Vacate, Set Aside, or Correct Sentence, Pursuant to 28 USC 2255 in Criminal Case No., filed by Defendant Ral Investment Corporation. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Charles E. Purdy IV, #3 Proposed Order, #4 Certificate of Service)(Purdy, Charles) Modified on 6/18/2018 (mrgo). |
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Filing 17
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: On June 8, 2018, the plaintiff filed a request for entry of default by clerk against the interests of all other potential claimants. Default by clerk was entered on June 11,2018. Plaintiff is hereby directed to file a motion for default judgment or, other appropriate dispositive motion on or before July 11, 2018. Failure to file said dispositive motion by July 11, 2018, will result in dismissal without further notice by the Court. (rfi)
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| Filing 16 DECLARATION of Elizabeth Rosenfeld re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #11 filed by Plaintiffs The Boards of Trustees of The Heat and Frost Insulators and Asbestos Workers Health and Welfare Trust Fund, Western States Insulators and Allied Workers Health Plan, Western States Insulators and Allied Workers Individual Account Plan. (Rosenfeld, Elizabeth) |
| Filing 15 DEFAULT IS SET ASIDE, see docket entry no. 23 - DEFAULT BY CLERK F.R.Civ.P.55(a) as to Ral Investment Corporation a California corporation doing business as Silverstrand Construction, a division of Ral Investment Corporation doing business as Silverstrand Specialties. (mrgo) Modified on 7/5/2018 (lom). |
| Filing 14 REQUEST for Clerk to Enter Default against Defendant Ral Investment Corporation filed by Plaintiff Heat and Frost Insulators and Allied Workers Labor Management Cooperative Trust, Heat and Frost Insulators and Allied Workers Apprenticeship and Training Fund, Heat and Frost Insulators and Asbestos Workers Local 5, Heat and Frost Insulators and Allied Workers Vacation Savings Plan. (Attachments: #1 Declaration) (Rosenfeld, Elizabeth) |
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Filing 13
ORDER DENIED STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT (L.R. 8-3) #12 by Judge Percy Anderson. (lom)
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| Filing 12 STIPULATION for Extension of Time to File Answer to June 30, 2018 re Stipulation Extending Time to Answer (30 days or less),,, #10 filed by Defendant Ral Investment Corporation. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Attorney Charles E Purdy, IV added to party Ral Investment Corporation(pty:dft))(Purdy, Charles) |
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Filing 11
MINUTE ORDER Order to Show Cause Re: Dismissal For Lack Of Prosecution by Judge Percy Anderson. In the present case, it appears that this time period has not been met. Accordingly, the court, on its own motion, orders plaintiff to show cause in writing on or before June 11, 2018 why this action should not be dismissed for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of plaintiff's response. Failure to respond to this Order may result in the imposition of sanctions, including but not limited to dismissal of the complaint. (lom)
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| Filing 10 STIPULATION Extending Time to Answer the complaint as to Ral Investment Corporation answer now due 5/31/2018, re Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Heat and Frost Insulators and Allied Workers Labor Management Cooperative Trust; Western States Insulators and Allied Workers Pension Plan; Heat and Frost Insulators and Allied Workers Apprenticeship and Training Fund; Heat and Frost Insulators and Asbestos Workers Local 5; The Boards of Trustees of The Heat and Frost Insulators and Asbestos Workers Health and Welfare Trust Fund; Western States Insulators and Allied Workers Individual Account Plan; Heat and Frost Insulators and Allied Workers Vacation Savings Plan; Western States Insulators and Allied Workers Health Plan.(Rosenfeld, Elizabeth) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Heat and Frost Insulators and Allied Workers Labor Management Cooperative Trust, Heat and Frost Insulators and Allied Workers Apprenticeship and Training Fund, Heat and Frost Insulators and Asbestos Workers Local 5, The Boards of Trustees of The Heat and Frost Insulators and Asbestos Workers Health and Welfare Trust Fund, Western States Insulators and Allied Workers Individual Account Plan, Heat and Frost Insulators and Allied Workers Vacation Savings Plan, Western States Insulators and Allied Workers Health Plan, upon Defendant Ral Investment Corporation served on 4/10/2018, answer due 5/1/2018. Service of the Summons and Complaint were executed upon Alec Lopez, Agent for Service of Process in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Rosenfeld, Elizabeth) |
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Filing 8
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for details) (mrgo)
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, #1 as to Defendant Ral Investment Corporation. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Charles F. Eick. (ghap) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff THE BOARDS OF TRUSTEES OF THE HEAT AND FROST INSULATORS AND ASBESTOS WORKERS HEALTH AND WELFARE TRUST FUND also known as HEAT AND FROST INSULATORS AND ALLIED WORKERS HEALTH AND WELFARE FUND; WESTERN S, (Rosenfeld, Elizabeth) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff THE BOARDS OF TRUSTEES OF THE HEAT AND FROST INSULATORS AND ASBESTOS WORKERS HEALTH AND WELFARE TRUST FUND also known as HEAT AND FROST INSULATORS AND ALLIED WORKERS HEALTH AND WELFARE FUND; WESTERN S. (Rosenfeld, Elizabeth) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiff THE BOARDS OF TRUSTEES OF THE HEAT AND FROST INSULATORS AND ASBESTOS WORKERS HEALTH AND WELFARE TRUST FUND also known as HEAT AND FROST INSULATORS AND ALLIED WORKERS HEALTH AND WELFARE FUND; WESTERN S. (Rosenfeld, Elizabeth) |
| Filing 1 COMPLAINT Receipt No: 0973-21420029 - Fee: $400, filed by Plaintiff THE BOARDS OF TRUSTEES OF THE HEAT AND FROST INSULATORS AND ASBESTOS WORKERS HEALTH AND WELFARE TRUST FUND also known as HEAT AND FROST INSULATORS AND ALLIED WORKERS HEALTH AND WELFARE FUND; WESTERN S. (Attachments: #1 Exhibit 1) (Attorney Elizabeth Rosenfeld added to party THE BOARDS OF TRUSTEES OF THE HEAT AND FROST INSULATORS AND ASBESTOS WORKERS HEALTH AND WELFARE TRUST FUND also known as HEAT AND FROST INSULATORS AND ALLIED WORKERS HEALTH AND WELFARE FUND; WESTERN S(pty:pla))(Rosenfeld, Elizabeth) |
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| Search for this case: The Boards of Trustees of The Heat and Frost Insulators and Asbestos Workers Health and Welfare Trust Fund v. Ral Investment Corporation | |
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| Plaintiff: THE BOARDS OF TRUSTEES OF THE HEAT AND FROST INSULATORS AND ASBESTOS WORKERS HEALTH AND WELFARE TRUST FUND also known as HEAT AND FROST INSULATORS AND ALLIED WORKERS HEALTH AND WELFARE FUND; WESTERN S | |
| Represented By: | Elizabeth Rosenfeld |
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| Plaintiff: HEAT AND FROST INSULATORS AND ALLIED WORKERS HEALTH AND WELFARE FUND | |
| Represented By: | Elizabeth Rosenfeld |
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| Plaintiff: The Boards of Trustees of The Heat and Frost Insulators and Asbestos Workers Health and Welfare Trust Fund | |
| Represented By: | Elizabeth Rosenfeld |
| Represented By: | Jeffrey L Cutler |
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| Plaintiff: Western States Insulators and Allied Workers Health Plan | |
| Represented By: | Elizabeth Rosenfeld |
| Represented By: | Jeffrey L Cutler |
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| Plaintiff: Western States Insulators and Allied Workers Pension Plan | |
| Represented By: | Elizabeth Rosenfeld |
| Represented By: | Jeffrey L Cutler |
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| Plaintiff: Western States Insulators and Allied Workers Individual Account Plan | |
| Represented By: | Elizabeth Rosenfeld |
| Represented By: | Jeffrey L Cutler |
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| Plaintiff: Heat and Frost Insulators and Allied Workers Vacation Savings Plan | |
| Represented By: | Elizabeth Rosenfeld |
| Represented By: | Jeffrey L Cutler |
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| Plaintiff: Heat and Frost Insulators and Allied Workers Apprenticeship and Training Fund | |
| Represented By: | Elizabeth Rosenfeld |
| Represented By: | Jeffrey L Cutler |
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| Plaintiff: Heat and Frost Insulators and Allied Workers Labor Management Cooperative Trust | |
| Represented By: | Elizabeth Rosenfeld |
| Represented By: | Jeffrey L Cutler |
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| Plaintiff: Heat and Frost Insulators and Asbestos Workers Local 5 | |
| Represented By: | Elizabeth Rosenfeld |
| Represented By: | Jeffrey L Cutler |
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| Defendant: RAL INVESTMENT CORPORATION, a California corporation doing business as SILVERSTRAND CONSTRUCTION, A DIVISION OF RAL INVESTMENT CORPORATION, also doing business as SILVERSTRAND SPECIALTIES, | |
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| Defendant: Ral Investment Corporation a California corporation doing business as Silverstrand Construction, a division of Ral Investment Corporation doing business as Silverstrand Specialties | |
| Represented By: | Charles E Purdy, IV |
| Represented By: | Jared Allen Roark |
| Represented By: | Mark Joseph Serino |
| Represented By: | Micah L Bailey |
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| Alternative dispute resolution (adr) provider: Margaret A Levy | |
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