Toby Sidlo v. Kaiser Permanente Ins. Co., et al
Defendant / Appellee: KAISER FOUNDATION HEALTH PLAN INC., AIR MEDICAL RESOURCE GROUP, INC, a Utah corporation, HAWAII LIFE FLIGHT CORPORATION, a Hawaii corporation and KAISER PERMANENTE INSURANCE COMPANY
Plaintiff / Appellant: TOBY SIDLO, on behalf of himself and all others similarly situtated
Case Number: 16-17208
Filed: November 30, 2016
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other Contract Actions
Docket Report

This docket was last retrieved on May 4, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 4, 2018 Filing 58 Filed order (Deputy Clerk: AF): Pursuant to the parties Stipulated Motion to Voluntarily Dismiss Appeal, Dkt. [ # 57 ], this appeal is hereby dismissed, and each party is to bear its own costs and fees. Fed. R. App. P. 42(b). This order served on the district court shall constitute the mandate of this court. [10861598] (AF) [Entered: 05/04/2018 09:13 AM]
April 3, 2018 Filing 57 Filed (ECF) Appellee Kaiser Foundation Health Plan Inc. Stipulated Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 04/03/2018. [10823212] [16-17208] (Feathers, Andrea) [Entered: 04/03/2018 03:44 PM]
April 2, 2018 Filing 56 Notice of Oral Argument on Tuesday, June 12, 2018 - 09:00 A.M. - Hawaii Bkcy Courtroom 250L - Honolulu HI. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office. [10821216] (AKM) [Entered: 04/02/2018 02:25 PM]
March 8, 2018 Filing 55 Filed (ECF) Appellee Kaiser Foundation Health Plan Inc. Correspondence: Notice of pending settlement. Date of service: 03/08/2018 [10790870] [16-17208]--[COURT UPDATE: Updated docket text to reflect content of filing. 03/08/2018 by SLM] (Feathers, Andrea) [Entered: 03/08/2018 10:47 AM]
February 23, 2018 Filing 54 This case is being considered for an upcoming oral argument calendar in Honolulu Please review the Honolulu sitting dates for June 2018 and the two subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please inform the court within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[10774624] (AW) [Entered: 02/23/2018 09:03 AM]
October 25, 2017 Filing 53 Filed (ECF) Errata to Opening Brief ([ # 11 ] Brief Submitted for Review (ECF Filing)). Filed by Appellant Toby Sidlo. Date of service: 10/25/2017. [10631226] [16-17208] (Conway, John) [Entered: 10/25/2017 01:37 PM]
October 18, 2017 Filing 52 Received 7 paper copies of Reply Brief UNDER SEAL [48] filed by Toby Sidlo. [10622201] (DB) [Entered: 10/18/2017 12:14 PM]
October 18, 2017 Filing 51 Received 7 paper copies of redacted reply brief [ # 45 ] filed by Toby Sidlo. [10621994] (DB) [Entered: 10/18/2017 11:23 AM]
October 16, 2017 Filing 50 Filed clerk order: The redacted reply brief [ # 45 ] submitted by Toby Sidlo is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10619297] (LA) [Entered: 10/16/2017 03:06 PM]
October 16, 2017 Filing 49 Filed clerk order: The reply brief [48] submitted by Toby Sidlo is filed UNDER SEAL. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10619286] (LA) [Entered: 10/16/2017 03:04 PM]
October 16, 2017 Filing 48 Submitted (ECF) UNDER SEAL unredacated Reply Brief for review. Submitted by Appellant Toby Sidlo. Date of service: 09/25/2017. (Court-entered filing, brief originally submitted in [44].) [10618318] (AF) [Entered: 10/16/2017 09:47 AM]
October 16, 2017 Filing 47 Filed order (Appellate Commissioner): Appellants motion to seal the unredacted reply brief (Docket Entry No. [44]) is granted. The Clerk shall file the unredacted reply brief (included as an attachment to the motion to seal) under seal, and shall file the redacted reply brief (Docket Entry No. [ # 45 ]) publicly. Briefing is complete. (Sealed Documents) [10618316] (AF) [Entered: 10/16/2017 09:46 AM]
October 16, 2017 Filing 46 Filed Appellant Toby Sidlo's motion to file the unredacted reply brief UNDER SEAL. Deficiencies: None. Served on 09/25/2017. (Court-entered filing of motion submitted under seal at [44]) [10618311] (AF) [Entered: 10/16/2017 09:43 AM]
September 25, 2017 Filing 45 Submitted (ECF) Reply Brief for review. Submitted by Appellant Toby Sidlo. Date of service: 09/25/2017. [10593730] [16-17208]--[COURT UPDATE: Attached properly redacted PDF. 09/29/2017 by LA] (Conway, John) [Entered: 09/25/2017 05:36 PM]
September 25, 2017 Filing 44 Filed (ECF) UNDER SEAL Appellant Toby Sidlo motion to file document under seal and submit sealed document. Type of document: brief. Date of service: 09/25/2017. [10593723] [16-17208]--[COURT UPDATE: Attached corrected motion (with corrected cert of svc). 09/29/2017 by LA] (Conway, John) [Entered: 09/25/2017 05:33 PM]
August 16, 2017 Filing 43 Filed 4 paper copies of supplemental excerpts of record [ # 30 ], [38] in 3 volume(s) (Volume 3 UNDER SEAL) filed by Appellees Kaiser Foundation Health Plan Inc. and Kaiser Permanente Insurance Company. [10549484] (LA) [Entered: 08/17/2017 04:49 PM]
August 16, 2017 Filing 42 Received 7 paper copies of Answering Brief [ # 29 ] filed by Kaiser Foundation Health Plan Inc. and Kaiser Permanente Insurance Company. [10547677] (SD) [Entered: 08/16/2017 03:47 PM]
August 15, 2017 Filing 41 Streamlined request [40] by Appellant Toby Sidlo to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 09/25/2017. [10544519] (SB) [Entered: 08/15/2017 08:03 AM]
August 15, 2017 Filing 40 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Toby Sidlo. New requested due date is 09/15/2017. [10544467] [16-17208] (Conway, John) [Entered: 08/15/2017 07:18 AM]
August 14, 2017 Filing 39 Filed clerk order: The answering brief [ # 29 ] submitted by Kaiser Foundation Health Plan Inc. and Kaiser Permanente Insurance Company is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. The Court has reviewed the excerpts of record [ # 30 ], [38] submitted by Kaiser Foundation Health Plan Inc. and Kaiser Permanente Insurance Company. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [10544004] (LA) [Entered: 08/14/2017 03:40 PM]
August 14, 2017 Filing 38 Submitted (ECF) UNDER SEAL supplemental excerpts of record Vol 3. Submitted by Appellees Kaiser Foundation Health Plan Inc. and Kaiser Permanente Insurance Company. Date of service: 08/04/2017. (Court-entered filing, excerpts of record originally submitted in [31].) [10542973] (AF) [Entered: 08/14/2017 10:56 AM]
August 14, 2017 Filing 37 Filed order (Appellate Commissioner): Appellees motion to file volume 3 of the supplemental excerpts of record under seal (Docket Entry No. [31]) is granted. The Clerk shall file volume 3 of the supplemental excerpts of record under seal, and shall file the answering brief and volumes 1 and 2 of the supplemental excerpts of record publicly. The existing briefing schedule shall continue in effect. (Sealed Documents) [10542970] (AF) [Entered: 08/14/2017 10:55 AM]
August 14, 2017 Filing 36 Filed Appellees Kaiser Foundation Health Plan Inc. and Kaiser Permanente Insurance Company motion to file volume 3 of the supplemental excerpts of record UNDER SEAL. Deficiencies: None. Served on 08/04/2017. (Court-entered filing of motion submitted under seal at [31]) [10542953] (AF) [Entered: 08/14/2017 10:50 AM]
August 9, 2017 Filing 35 Filed 4 paper copies of excerpts of record [ # 9 ], [25] in 8 volume(s) (Volume VIII UNDER SEAL) filed by Appellant Toby Sidlo. [10538442] (SML) [Entered: 08/09/2017 10:58 AM]
August 9, 2017 Filing 34 Received corrected deficiency of paper copies of the sealed Volume VIII of the excerpts of record from Appellant Toby Sidlo. [10538436] (SML) [Entered: 08/09/2017 10:57 AM]
August 4, 2017 Filing 31 Filed (ECF) UNDER SEAL Appellees Kaiser Foundation Health Plan Inc. and Kaiser Permanente Insurance Company motion to file document under seal and submit sealed document. Type of document: other (Motion and Supplemental Excerpts of Record). Date of service: 08/04/2017. [10534195] [16-17208] (Keshavarzi, Moe) [Entered: 08/04/2017 04:10 PM]
August 4, 2017 Filing 30 Submitted (ECF) excerpts of record. Submitted by Appellees Kaiser Foundation Health Plan Inc. and Kaiser Permanente Insurance Company. Date of service: 08/04/2017. [10534184] [16-17208] (Keshavarzi, Moe) [Entered: 08/04/2017 04:06 PM]
August 4, 2017 Filing 29 Submitted (ECF) Answering Brief for review. Submitted by Appellees Kaiser Foundation Health Plan Inc. and Kaiser Permanente Insurance Company. Date of service: 08/04/2017. [10534175] [16-17208] (Keshavarzi, Moe) [Entered: 08/04/2017 04:02 PM]
August 3, 2017 Filing 33 Filed 4 paper copies of the redacted version of Volume VIII of the excerpts of record [ # 26 ] filed by Appellant Toby Sidlo. [10537542] (SML) [Entered: 08/08/2017 03:01 PM]
August 3, 2017 Filing 32 Received Appellant Toby Sidlo excerpts of record [ # 9 ] in 7 volumes. Deficiencies: insufficient copies (missing the sealed Volume VIII). Notified counsel (See attached notice). [10537516]--[Edited 08/14/2017 by LA to correct link to excerpts] (SML) [Entered: 08/08/2017 02:55 PM]
August 3, 2017 Filing 28 Received 7 paper copies of Opening Brief [ # 11 ] filed by Toby Sidlo. [10532357] (SD) [Entered: 08/03/2017 02:24 PM]
July 31, 2017 Filing 27 Filed clerk order: The opening brief [ # 11 ] submitted by Toby Sidlo is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. The Court has reviewed the excerpts of record [ # 9 ], [25], [ # 26 ] submitted by Toby Sidlo. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [10528070]--[Edited 08/14/2017 by LA to correct links to excerpts.] (GV) [Entered: 07/31/2017 07:45 PM]
July 31, 2017 Filing 26 Submitted (ECF) excerpts of record. Submitted by Appellant Toby Sidlo. Date of service: 07/31/2017. [10527900] [16-17208] (Conway, John) [Entered: 07/31/2017 04:39 PM]
July 17, 2017 Filing 25 Submitted (ECF) UNDER SEAL excerpts of record Vol VIII. Submitted by Appellant Toby Sidlo. Date of service: 06/05/2017. (Court-entered filing, excerpts of record originally submitted in [10].) [10510298] (AF) [Entered: 07/17/2017 10:07 AM]
July 17, 2017 Filing 24 Filed order (Appellate Commissioner): On June 12, 2017, this Court denied appellants motion to seal volume VIII of the excerpts of record without prejudice to appellees filing a motion to seal. On July 3, 2017, appellees filed a motion to seal portions of volume VIII of the excerpts of record (Docket Entry No. [21]). Appellees motion to seal portions of volume VIII of the excerpts of record (Docket Entry No. [21]) is granted. Within 14 days after the date of this order, appellant shall submit a redacted volume VIII of the excerpts of record for public filing that is redacted as set forth in appellees motion to seal. Upon the submission of the redacted volume VIII of the excerpts of record, the Clerk shall file publicly the opening brief, volumes I through VII of the excerpts of record, and the redacted volume VIII of the excerpts of record; and shall file under seal the unredacted volume VIII of the excerpts of record. The existing briefing schedule shall continue in effect. (Sealed Documents) [10510194] (AF) [Entered: 07/17/2017 09:32 AM]
July 17, 2017 Filing 23 Deleted Incorrect Entry (Entered in Error). Notice about deletion sent to case participants registered for electronic filing. Original Text: Filed Appellees Kaiser Foundation Health Plan Inc. and Kaiser Permanente Insurance Company motion to file volume VIII of the excerpts of record UNDER SEAL. Deficiencies: None. Served on 07/03/2017. (Court-entered filing of motion submitted under seal at [21]) [10510174] --[Edited 07/17/2017 by HH] (AF) [Entered: 07/17/2017 09:26 AM]
July 11, 2017 Filing 22 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [10504779] (VS) [Entered: 07/11/2017 02:54 PM]
July 3, 2017 Filing 21 Filed (ECF) UNDER SEAL Appellee Kaiser Foundation Health Plan Inc. motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 07/03/2017. [10496476] [16-17208]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 07/05/2017 by SLM] (Feathers, Andrea) [Entered: 07/03/2017 03:34 PM]
July 3, 2017 Filing 20 Added attorney Andrea Feathers for Kaiser Foundation Health Plan Inc., in case 16-17208. [10495884] (CW) [Entered: 07/03/2017 12:01 PM]
July 3, 2017 Filing 19 Filed (ECF) notice of appearance of Andrea Feathers for Appellee Kaiser Foundation Health Plan Inc.. Date of service: 07/03/2017. [10495868] [16-17208] (Feathers, Andrea) [Entered: 07/03/2017 11:55 AM]
June 27, 2017 Filing 18 Added attorney Karin Dougan Vogel for Kaiser Permanente Insurance Company Kaiser Foundation Health Plan Inc., in case 16-17208. [10490147] (RR) [Entered: 06/27/2017 04:39 PM]
June 27, 2017 Filing 17 Filed (ECF) notice of appearance of Karin Dougan Vogel for Appellees Kaiser Foundation Health Plan Inc. and Kaiser Permanente Insurance Company. Date of service: 06/27/2017. [10490130] [16-17208] (Vogel, Karin) [Entered: 06/27/2017 04:28 PM]
June 14, 2017 Filing 16 Streamlined request [15] by Appellees Air Medical Resource Group, Inc, Hawaii Life Flight Corporation, Kaiser Foundation Health Plan Inc. and Kaiser Permanente Insurance Company to extend time to file the brief is approved. Amended briefing schedule: Appellees answering brief due 08/04/2017. The optional reply brief is due 21 days from the date of service of the answering brief. [10473289] (SB) [Entered: 06/14/2017 01:24 PM]
June 14, 2017 Filing 15 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Kaiser Foundation Health Plan Inc.. New requested due date is 08/04/2017. [10472823] [16-17208] (Brooks, John) [Entered: 06/14/2017 10:52 AM]
June 14, 2017 Filing 14 Added attorney John T. Brooks for Kaiser Foundation Health Plan Inc., in case 16-17208. [10472762] (CW) [Entered: 06/14/2017 10:36 AM]
June 14, 2017 Filing 13 Filed (ECF) notice of appearance of John T. Brooks for Appellee Kaiser Foundation Health Plan Inc.. Date of service: 06/14/2017. [10472358] [16-17208] (Brooks, John) [Entered: 06/14/2017 09:14 AM]
June 12, 2017 Filing 12 Filed order (Appellate Commissioner): On June 5, 2017, appellant filed a motion to seal volume VIII of the excerpts of record (Docket Entry No. [10]). Appellant states that he filed the motion to seal in an effort to comply with the district courts protective order, and that the motion to seal should not be construed as acquiescence that the materials constitute confidential information. Appellants motion to seal is denied without prejudice to appellees filing a motion to seal these materials within 21 days after the date of this order. See Interim Ninth Circuit Rule 27-13. Volume VIII of the excerpts of record shall remain provisionally sealed for 21 days after the date of this order, to allow (Sealed Documents) [10468857] (AF) [Entered: 06/12/2017 11:46 AM]
June 5, 2017 Filing 11 Submitted (ECF) Opening Brief for review. Submitted by Appellant Toby Sidlo. Date of service: 06/05/2017. [10460525] [16-17208] (Conway, John) [Entered: 06/05/2017 04:18 PM]
June 5, 2017 Filing 10 Filed (ECF) UNDER SEAL Appellant Toby Sidlo motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 06/05/2017. [10460514] [16-17208] (Conway, John) [Entered: 06/05/2017 04:16 PM]
June 5, 2017 Filing 9 Submitted (ECF) excerpts of record. Submitted by Appellant Toby Sidlo. Date of service: 06/05/2017. [10460438] [16-17208] (Conway, John) [Entered: 06/05/2017 03:59 PM]
April 19, 2017 Filing 8 Streamlined request [7] by Appellant Toby Sidlo to extend time to file the brief is approved. Amended briefing schedule: Appellant Toby Sidlo opening brief due 06/05/2017. Appellees Air Medical Resource Group, Inc, Hawaii Life Flight Corporation, Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Company answering brief due 07/05/2017. The optional reply brief is due 14 days from the date of service of the answering brief. [10403417] (KM) [Entered: 04/19/2017 04:34 PM]
April 19, 2017 Filing 7 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Toby Sidlo. New requested due date is 06/05/2017. [10402252] [16-17208] (Conway, John) [Entered: 04/19/2017 11:33 AM]
April 18, 2017 Filing 6 MEDIATION CONFERENCE SCHEDULED - Further Conference, 07/11/2017, 2:00 p.m. Pacific Time. See order for details. [10401233] (VS) [Entered: 04/18/2017 03:23 PM]
February 14, 2017 Filing 5 Filed order MEDIATION (RGA): The court will initiate a further conference by telephone on April 18, 2017, at 2:00 p.m. Pacific Time. The briefing schedule previously set by the court is amended as follows: appellant shall file an opening brief on or before May 5, 2017; appellees shall file an answering brief on or before June 5, 2017; appellant may file an optional reply brief within fourteen (14) days from the service date of the answering brief. [10319709] (AF) [Entered: 02/14/2017 04:03 PM]
February 2, 2017 Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 02/14/2017, 2:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [10300150] (VS) [Entered: 02/02/2017 01:42 PM]
December 8, 2016 Filing 3 Terminated Alison H. Hong for Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc. in 16-17208 (due to incorrect ECF contact information) [10225685] (RY) [Entered: 12/08/2016 01:44 PM]
December 7, 2016 Filing 2 Filed (ECF) Appellant Toby Sidlo Mediation Questionnaire. Date of service: 12/07/2016. [10223741] [16-17208] (Conway, John) [Entered: 12/07/2016 12:45 PM]
November 30, 2016 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 12/07/2016. Transcript ordered by 12/29/2016. Transcript due 01/30/2017. Appellant Toby Sidlo opening brief due 03/09/2017. Appellees Air Medical Resource Group, Inc, Hawaii Life Flight Corporation, Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Company answering brief due 04/10/2017. Appellant's optional reply brief is due 14 days after service of the answering brief. [10216126] (RT) [Entered: 11/30/2016 03:30 PM]

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Defendant / appellee: KAISER FOUNDATION HEALTH PLAN INC.
Represented By: Kathleen Cahill Slaught
Represented By: Lisa Woods Munger Esquire
Represented By: Karin Dougan Vogel Esquire
Represented By: Andrea Feathers
Represented By: Moe Keshavarzi Esquire
Represented By: Christine A. Terada
Represented By: John T. Brooks Esquire
Represented By: Michelle M. Scannell
Represented By: Gail Y. Cosgrove Esquire
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Defendant / appellee: AIR MEDICAL RESOURCE GROUP, INC, a Utah corporation
Represented By: Andrew James Lautenbach Esquire
Represented By: Mark J. BENNETT
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Defendant / appellee: HAWAII LIFE FLIGHT CORPORATION, a Hawaii corporation
Represented By: Andrew James Lautenbach Esquire
Represented By: Mark J. BENNETT
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Defendant / appellee: KAISER PERMANENTE INSURANCE COMPANY
Represented By: Kathleen Cahill Slaught
Represented By: Lisa Woods Munger Esquire
Represented By: Karin Dougan Vogel Esquire
Represented By: Moe Keshavarzi Esquire
Represented By: Christine A. Terada
Represented By: Michelle M. Scannell
Represented By: Gail Y. Cosgrove Esquire
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Plaintiff / appellant: TOBY SIDLO, on behalf of himself and all others similarly situtated
Represented By: John J. Conway Esquire III
Represented By: Michael A. Lilly Esquire
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