Maxcrest Limited v. United States of America
| Maxcrest Limited |
| United States of America |
| 4:2015mc80270 |
| November 13, 2015 |
| US District Court for the Northern District of California |
| Jon S Tigar |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on May 18, 2018. A more recent docket listing may be available from PACER.
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| Filing 72 United States Supreme Court's Notice of Entry of Order Denying Petition for a Writ of Certiorari re #54 Notice of Appeal filed by Maxcrest Limited. (tnS, COURT STAFF) (Filed on 5/18/2018) |
| Filing 71 United States Supreme Court's Notice of filing of Petition for a Writ of Certiorari re #54 Notice of Appeal filed by Maxcrest Limited. (tnS) (Filed on 4/10/2018) |
| Filing 70 MANDATE of USCA as to #54 Notice of Appeal filed by Maxcrest Limited. (tnS) (Filed on 2/6/2018) |
Filing 69
ORDER of USCA as to #54 Notice of Appeal filed by Maxcrest Limited. (tnS) (Filed on 1/31/2018)
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| Filing 68 USCA Memorandum as to #54 Notice of Appeal filed by Maxcrest Limited. (tnS) (Filed on 11/30/2017) |
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Filing 67
ORDER of USCA as to #54 Notice of Appeal filed by Maxcrest Limited. (tnS) (Filed on 10/26/2017)
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Filing 66
ORDER GRANTING PETITIONER MAXCREST LIMITED'S MOTION FOR STAY PENDING APPEAL by Judge Jon S. Tigar granting #52 Motion to Stay. (wsn, COURT STAFF) (Filed on 11/7/2016)
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| Filing 65 Minute Entry for proceedings held before Hon. Jon S. Tigar: Motion Hearing held on 11/3/2016 re #52 MOTION to Stay Pending Appeal filed by Maxcrest Limited. Total Time in Court: 16 minutes. Court Reporter: Kathy Wyatt. (wsn, COURT STAFF) (Date Filed: 11/3/2016) |
| Filing 64 Letter from Brendan Ruddy that Maxcrest Limited does not intend to file a motion under FRCP 62.1. (Ruddy, Brendan) (Filed on 10/10/2016) |
| Filing 63 Transcript Designation Form for proceedings held on 03/22/2016 before Judge Hon. Elizabeth D. Laporte, (Ruddy, Brendan) (Filed on 10/6/2016) |
| Filing 62 Declaration of Brendan Ruddy in Support of #52 Motion for Stay Pending Appeal filed byMaxcrest Limited. (Related document(s) #61 ) (Ruddy, Brendan) (Filed on 9/27/2016) Modified on 9/28/2016 (ysS, COURT STAFF). |
| Filing 61 REPLY (re #52 MOTION to Stay Pending Appeal ) filed byMaxcrest Limited. (Ruddy, Brendan) (Filed on 9/27/2016) |
| Filing 60 RESPONSE (re #52 MOTION to Stay Pending Appeal ) filed byUnited States of America. (Attachments: #1 Villarreal v. United States)(Matchison, Amy) (Filed on 9/15/2016) |
| Filing 59 USCA Appeal Fees received $ 505 receipt number 34611118345 re #54 Notice of Appeal filed by Maxcrest Limited. (ysS, COURT STAFF) (Filed on 9/12/2016) |
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Filing 58
STIPULATION AND ORDER re #57 STIPULATION WITH PROPOSED ORDER re #52 MOTION to Stay Pending Appeal CONTINUING THE HEARING DATE FOR PETITIONER'S MOTION FOR STAY PENDING APPEAL filed by Maxcrest Limited. Signed by Judge Jon S. Tigar on September 12, 2016. (wsn, COURT STAFF) (Filed on 9/12/2016)
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| Set/Reset Deadlines as to #52 MOTION to Stay Pending Appeal. Motion Hearing set for 11/3/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. (wsn, COURT STAFF) (Filed on 9/12/2016) |
| Filing 57 STIPULATION WITH PROPOSED ORDER re #52 MOTION to Stay Pending Appeal CONTINUING THE HEARING DATE FOR PETITIONER'S MOTION FOR STAY PENDING APPEAL filed by Maxcrest Limited. (Ruddy, Brendan) (Filed on 9/9/2016) |
| Filing 56 USCA Case Number 16-16587 USCA for #54 Notice of Appeal filed by Maxcrest Limited. (ysS, COURT STAFF) (Filed on 9/9/2016) |
| Filing 55 Mailed request for payment of docket fee to appellant (cc to USCA) (ysS, COURT STAFF) (Filed on 9/7/2016) |
| Filing 53 CLERK'S NOTICE Continuing Motion Hearing as to #52 MOTION to Stay Pending Appeal. This motion has been noticed for hearing on a date when Judge Tigar does not conduct civil law and motion. The hearing previously noticed for 10/12/2016 is continued to 10/18/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. All briefing deadlines are unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 9/7/2016) |
| Filing 54 NOTICE OF APPEAL to the 9th Circuit Court of Appeals 16-16587 filed by Maxcrest Limited. Appeal of Order on Motion to Dismiss #50 (Filing Fee: Billed). (ysS, COURT STAFF) (Filed on 9/6/2016) Modified on 9/12/2016 (ysS, COURT STAFF). |
| Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #51 Notice of Appeal to the Federal Circuit, filed by Maxcrest Limited (ysS, COURT STAFF) (Filed on 9/6/2016) |
| Filing 52 MOTION to Stay Pending Appeal filed by Maxcrest Limited. Motion Hearing set for 10/12/2016 02:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Responses due by 9/20/2016. Replies due by 9/27/2016. (Attachments: #1 Proposed Order)(Ruddy, Brendan) (Filed on 9/6/2016) |
| Filing 51 ***PLEASE REFER TO DOCUMENT NO. #54 *** NOTICE OF APPEAL to the Federal Circuit as to #50 Order on Motion to Dismiss by Maxcrest Limited. Appeal Record due by 10/6/2016. (Ruddy, Brendan) (Filed on 9/6/2016) Modified on 9/7/2016 (ysS, COURT STAFF). |
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Filing 50
ORDER GRANTING MOTION TO DISMISS AMENDED PETITION by Judge Jon S. Tigar granting #43 Motion to Dismiss. (wsn, COURT STAFF) (Filed on 9/1/2016)
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Filing 49
ORDER REGARDING MOTION FOR DE NOVO DETERMINATION OF DISPOSITIVE MATTER re #38 MOTION for De Novo Determination of Dispositive Matter Referred to Magistrate Judge filed by Maxcrest Limited, #29 REPORT AND RECOMMENDATIONS, #22 Second MOTION to Dismiss filed by United States of America. Signed by Judge Jon S. Tigar on June 9, 2016. (wsn, COURT STAFF) (Filed on 6/9/2016)
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Filing 48
ORDER VACATING HEARING re #38 MOTION for De Novo Determination of Dispositive Matter Referred to Magistrate Judge filed by Maxcrest Limited, #43 MOTION to Dismiss Amended Petition filed by United States of America. Signed by Judge Jon S. Tigar on June 7, 2016. (wsn, COURT STAFF) (Filed on 6/7/2016)
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| Filing 47 REPLY (re #43 MOTION to Dismiss Amended Petition ) filed byUnited States of America. (Matchison, Amy) (Filed on 5/11/2016) |
| Filing 46 Declaration of Brendan Ruddy in Support of #45 Opposition/Response to Motion to Dismiss Amended Petition #43 filed byMaxcrest Limited. (Related document(s) #45 ) (Ruddy, Brendan) (Filed on 5/4/2016) |
| Filing 45 RESPONSE to (re #43 MOTION to Dismiss Amended Petition) filed by Maxcrest Limited. (Ruddy, Brendan) (Filed on 5/4/2016) |
| Filing 44 REPLY (re #38 MOTION for De Novo Determination of Dispositive Matter Referred to Magistrate Judge) filed by Maxcrest Limited. (Ruddy, Brendan) (Filed on 4/29/2016) |
| Filing 43 MOTION to Dismiss Amended Petition filed by United States of America. Motion Hearing set for 6/16/2016 02:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Responses due by 5/4/2016. Replies due by 5/11/2016. (Attachments: #1 Affidavit of Douglas O'Donnell, #2 Affidavit of Laurentina Atherley, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order)(Matchison, Amy) (Filed on 4/20/2016) |
| Filing 42 RESPONSE (re #38 MOTION for De Novo Determination of Dispositive Matter Referred to Magistrate Judge ) filed byUnited States of America. (Attachments: #1 Affidavit of Amy Matchison, #2 Exhibit A)(Matchison, Amy) (Filed on 4/19/2016) |
| Filing 41 CLERK'S NOTICE Continuing Motion Hearing as to #38 MOTION for De Novo Determination of Dispositive Matter Referred to Magistrate Judge. This motion has been noticed for hearing on a date when the Court is not available. The hearing previously set for 6/2/2016 is continued to 6/16/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. All other deadlines remain unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 4/11/2016) |
| Filing 40 [Proposed] Order Granting re #38 MOTION for De Novo Determination of Dispositive Matter Referred to Magistrate Judge filed by Maxcrest Limited. (Ruddy, Brendan) (Filed on 4/8/2016) |
| Filing 39 Declaration in Support of #38 MOTION for De Novo Determination of Dispositive Matter Referred to Magistrate Judge filed byMaxcrest Limited. (Related document(s) #38 ) (Ruddy, Brendan) (Filed on 4/8/2016) |
| Filing 38 MOTION for De Novo Determination of Dispositive Matter Referred to Magistrate Judge filed by Maxcrest Limited. Motion Hearing set for 6/2/2016 02:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Responses due by 4/22/2016. Replies due by 4/29/2016. (Ruddy, Brendan) (Filed on 4/8/2016) |
| Filing 37 [docketed in error..pls. refer to docket no. 40]...[Proposed] Order re #35 Notice of Motion for De Novo Determination of Dispositive Matter Referred to Magistrate Judge filed by Maxcrest Limited. (Ruddy, Brendan) (Filed on 4/8/2016)..Modified on 4/8/2016 (tnS). |
| Filing 36 [docketed in error..pls. refer to docket no. 39]...Declaration of Brendan Ruddy in Support of #35 Notice of Motion for De Novo Determination of Dispositive Matter Referred to Magistrate Judge filed byMaxcrest Limited. (Related document(s) #35 ) (Ruddy, Brendan) (Filed on 4/8/2016)..Modified on 4/8/2016 (tnS). |
| Filing 35 [docketed in error..pls. refer to docket no. 38]...NOTICE by Maxcrest Limited of Motion for De Novo Determination of Dispositive Matter Referred to Magistrate Judge (Ruddy, Brendan) (Filed on 4/8/2016)..Modified on 4/8/2016 (tnS). |
| Filing 34 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF re #33 AMENDED PETITION TO QUASH INTERNAL REVENUE SERVICE SUMMONS against United States of America. Filed by Maxcrest Limited. (Ruddy, Brendan) (Filed on 4/7/2016) |
| Filing 33 NOTICE OF AMENDED PETITION TO QUASH INTERNAL REVENUE SERVICE SUMMONS against United States of America. Filed by Maxcrest Limited. (Ruddy, Brendan) (Filed on 4/7/2016) |
| Filing 32 STIPULATION REGARDING THE FILING OF AND RESPONDING TO AMENDED PETITION TO QUASH INTERNAL REVENUE SERVICE SUMMONS PURSUANT TO F.R.C.P. 15(A)(2) filed by Maxcrest Limited. (Ruddy, Brendan) (Filed on 4/7/2016) |
| Filing 31 TRANSCRIPT ORDER for proceedings held on March 22, 2016 before Magistrate Judge Elizabeth D. Laporte by United States of America, for Court Reporter FTR - San Francisco. (Matchison, Amy) (Filed on 4/5/2016) |
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Filing 30
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Jon S. Tigar for all further proceedings. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case. Signed by Executive Committee on 3/25/16. (sv, COURT STAFF) (Filed on 3/25/2016)
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Filing 29
REPORT AND RECOMMENDATION re: Respondent's Motion to Dismiss Petition to Quash; Order Reassigning Case by Magistrate Judge Elizabeth D. Laporte. Objections due by 4/8/2016. (shyS, COURT STAFF) (Filed on 3/25/2016)
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| Filing 28 Transcript of Proceedings of the official sound recording held on 03/22/16, before Magistrate Judge Elizabeth D. Laporte. FTR/Transcriber Echo Reporting, Inc., telephone number 8584537590. Tape Number: FTR 9:29 - 9:41. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #27 Transcript Order ) Redaction Request due 4/13/2016. Redacted Transcript Deadline set for 4/25/2016. Release of Transcript Restriction set for 6/21/2016. (Related documents(s) #27 ) (tgb, COURT STAFF) (Filed on 3/23/2016) |
| Filing 27 TRANSCRIPT ORDER for proceedings held on 3/22/2016 before Magistrate Judge Elizabeth D. Laporte by Maxcrest Limited, for Court Reporter FTR - San Francisco. (Ruddy, Brendan) (Filed on 3/22/2016) |
| Filing 26 Minute Entry for proceedings held on 3/22/2016 before Magistrate Judge Elizabeth D. Laporte regarding Defendant's motion to dismiss #22 . The Court to issue a Report and Recommendation regarding the motion and reassign this case to a district judge.FTR Time: 9:29 - 9:41 Plaintiff Attorneys: Thomas Ostrander and Brendan Ruddy Defendant Attorney: Amy Matchison This is a text only Minute Entry (shyS, COURT STAFF) (Date Filed: 3/22/2016) |
| Filing 25 REPLY (re #22 Second MOTION to Dismiss ) filed byUnited States of America. (Matchison, Amy) (Filed on 3/8/2016) |
| Filing 24 DECLARATION of Brendan Ruddy In Opposition to #22 the United States' Second Motion to Dismiss filed byMaxcrest Limited. (Ruddy, Brendan) (Filed on 3/1/2016) Modified on 3/3/2016 (ysS, COURT STAFF). |
| Filing 23 RESPONSE (re #22 Second MOTION to Dismiss ) filed byMaxcrest Limited. (Ruddy, Brendan) (Filed on 3/1/2016) |
| Filing 22 Second MOTION to Dismiss filed by United States of America. Motion Hearing set for 3/22/2016 09:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Responses due by 3/1/2016. Replies due by 3/8/2016. (Attachments: #1 Declaration Amy Matchison, #2 Exhibit A, #3 Proposed Order)(Matchison, Amy) (Filed on 2/16/2016) |
| Filing 21 Notice of Withdrawal of Motion to Dismiss (Matchison, Amy) (Filed on 2/16/2016) |
| Filing 20 RESPONSE (re #12 MOTION to Dismiss for Lack of Jurisdiction ) filed byMaxcrest Limited. (Attachments: #1 Declaration, #2 Declaration)(Ruddy, Brendan) (Filed on 2/1/2016) |
| Set/Reset Hearing Motion Hearing set for 3/22/2016 09:00 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 1/25/2016) |
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Filing 19
STIPULATION AND ORDER Continuing the Hearing Date and Extending the Briefing Schedule to Respondent United States' Motion to Dismiss signed by Magistrate Judge Elizabeth D. Laporte: granting #18 Stipulation. (shyS, COURT STAFF) (Filed on 1/22/2016)
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| Filing 18 STIPULATION WITH PROPOSED ORDER CONTINUING THE HEARING DATE AND EXTENDING THE BRIEFING SCHEDULE TO RESPONDENT UNITED STATES MOTION TO DISMISS filed by Maxcrest Limited. (Ruddy, Brendan) (Filed on 1/21/2016) |
| Filing 17 CLERK'S NOTICE: A hearing on Defendant's motion to dismiss #12 is set for 2/16/2016 at 9:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. The briefing schedule as set by Local Rule 7-3 shall remain unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Filed on 1/14/2016) |
| Filing 16 CLERK'S NOTICE: Please disregard docket entry 11 . Magistrate Judge Laporte will prepare a report and recommendation on the petition and Respondent's motion and reassign the matter to the district judge who was the general duty judge on the date the petition was filed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Filed on 1/13/2016) |
| Filing 15 Declaration of Emily Davis Mangrum in Support of #12 MOTION to Dismiss for Lack of Jurisdiction filed byUnited States of America. (Attachments: #1 Exhibit A)(Related document(s) #12 ) (Matchison, Amy) (Filed on 1/11/2016) |
| Filing 14 Declaration of Theodore D. Setzer in Support of #12 MOTION to Dismiss for Lack of Jurisdiction filed byUnited States of America. (Related document(s) #12 ) (Matchison, Amy) (Filed on 1/11/2016) |
| Filing 13 Declaration of Amy Matchison in Support of #12 MOTION to Dismiss for Lack of Jurisdiction filed byUnited States of America. (Attachments: #1 Exhibit A)(Related document(s) #12 ) (Matchison, Amy) (Filed on 1/11/2016) |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction filed by United States of America. Responses due by 1/25/2016. Replies due by 2/1/2016. (Matchison, Amy) (Filed on 1/11/2016) |
| Filing 11 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (shyS, COURT STAFF) (Filed on 1/5/2016) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States of America.. (Matchison, Amy) (Filed on 1/4/2016) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Maxcrest Limited.. (Attachments: #1 Certificate/Proof of Service)(Ruddy, Brendan) (Filed on 12/16/2015) |
| Filing 8 CLERK'S NOTICE TO PETITIONER Re: Consent or Declination. Petitioner Maxcrest Limited shall file a consent or declination to proceed before a magistrate judge by 12/28/2015. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The consent/declination forms are attached to this Notice and are also located on the Court's home page, www.cand.uscourts.gov/civilforms.(shyS, COURT STAFF) (Filed on 12/11/2015) |
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Filing 7
ORDER Granting Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Elizabeth D. Laporte: granting #6 Application. (shyS, COURT STAFF) (Filed on 11/19/2015)
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| Filing 6 MOTION for leave to appear in Pro Hac Vice of Thomas W. Ostrander ( Filing fee $ 305, receipt number 0971-10005876.) filed by Maxcrest Limited. (Attachments: #1 Certificate/Proof of Service)(Ruddy, Brendan) (Filed on 11/19/2015) |
| Filing 4 CERTIFICATE OF SERVICE by Maxcrest Limited re #2 Summons Issued (Ruddy, Brendan) (Filed on 11/16/2015) |
| Filing 3 CERTIFICATE OF SERVICE by Maxcrest Limited re #1 Petition to Quash Internal Revenue Service of Summons (Ruddy, Brendan) (Filed on 11/16/2015) Modified on 11/16/2015 (ysS, COURT STAFF). |
| Filing 2 Summons Issued as to United States of America. (ysS, COURT STAFF) (Filed on 11/16/2015) |
| Filing 5 Certificate of Interested Entities or Persons and Corporate Disclosure Statement by Maxcrest Limited. (ysS, COURT STAFF) (Filed on 11/13/2015) |
| Filing 1 Notice of Petition and Petition to Quash Internal Service Summons filed by Maxcrest Limited. (Filing Fee: $46.00, receipt #34611110565)(ysS, COURT STAFF) (Filed on 11/13/2015) (Additional attachment(s) added on 11/16/2015: #1 Memorandum of Points and Authorities) (ysS, COURT STAFF). (Additional attachment(s) added on 11/16/2015: #2 Declaration of Antonia Koshia) (ysS, COURT STAFF). (Additional attachment(s) added on 11/16/2015: #3 Certification of Interested Entites or Persons) (ysS, COURT STAFF). (Additional attachment(s) added on 11/16/2015: #4 receipt) (ysS, COURT STAFF). (Additional attachment(s) added on 11/16/2015: #5 proposed order) (ysS, COURT STAFF). |
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| Respondent: United States of America | |
| Represented By: | Amy Talburt Matchison |
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| Petitioner: Maxcrest Limited | |
| Represented By: | George Dominic Niespolo |
| Represented By: | Thomas W. Ostrander |
| Represented By: | Brendan Paul Ruddy |
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