International Union of Operating Engineers Local 542 v. Mallinckrodt ARD, Inc. et al
| International Union of Operating Engineers Local 542 |
| Mallinckrodt ARD, Inc., Accredo Health Group, Inc., CuraScript Inc., Express Scripts Holding Company, United Biosource Corporation, Mallinckrodt plc, Curascript SD, Questcor Pharmaceuticals, Inc. and Express Scripts Inc. |
| 1:2021cv00647 |
| May 5, 2021 |
| U.S. District Court for the District of Delaware |
| Maryellen Noreika |
| Other Statutory Actions |
| 28 U.S.C. § 1334 |
| Plaintiff |
Docket Report
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Filing 36
ORDER - IT IS HEREBY ORDERED that this matter IS HEREBY REFERRED to the United States Bankruptcy Court for the District of Delaware for further proceedings. ***Civil Case Terminated. Signed by Judge Maryellen Noreika on 6/23/2021. (dlw)
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| Pro Hac Vice Attorney Eric C. Lyttle, John K. Shaffer,Meghan A. McCaffrey,Michael J. Lyle for Accredo Health Group, Inc.,for CuraScript Inc.,for Curascript SD, for Express Scripts Holding Company, for Express Scripts Inc., for United Biosource Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
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SO ORDERED re #34 MOTION for Pro Hac Vice Appearance of Attorney Michael J. Lyle, Eric C. Lyttle, Meghan A. McCaffrey, and K. John Shaffer filed by Express Scripts Holding Company, Express Scripts Inc., CuraScript Inc., Curascript SD, Accredo Health Group, Inc., United Biosource Corporation. ORDERED by Judge Maryellen Noreika on 6/22/2021. (dlw)
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| Filing 35 STATEMENT required by Rule 81.2 of the Local Rules by Mallinckrodt ARD, Inc., Mallinckrodt plc. (Moore, Aaron) Modified on 6/22/2021 (dlw). |
| Filing 34 MOTION for Pro Hac Vice Appearance of Attorney Michael J. Lyle, Esq., Eric C. Lyttle, Esq., Meghan A. McCaffrey, Esq. and K. John Shaffer, Esq. - filed by Accredo Health Group, Inc., CuraScript Inc., Curascript SD, Express Scripts Holding Company, Express Scripts Inc., United Biosource Corporation. (Attachments: #1 Certifications)(Cannataro, Christopher) |
| Filing 33 MOTION for Pro Hac Vice Appearance of Attorney D. Eric Shapland - filed by Mallinckrodt ARD, Inc., Mallinckrodt plc. (Attachments: #1 Certification by Counsel, #2 Certificate of Service)(Moore, Aaron) |
| Filing 32 MOTION for Pro Hac Vice Appearance of Attorney Laura S. Shores - filed by Mallinckrodt ARD, Inc., Mallinckrodt plc. (Attachments: #1 Certification by Counsel, #2 Certificate of Service)(Moore, Aaron) |
| Filing 31 MOTION for Pro Hac Vice Appearance of Attorney Sonia K. Pfaffenroth - filed by Mallinckrodt ARD, Inc., Mallinckrodt plc. (Attachments: #1 Certification by Counsel, #2 Certificate of Service)(Moore, Aaron) |
| Filing 30 MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf - filed by Mallinckrodt ARD, Inc., Mallinckrodt plc. (Attachments: #1 Certification by Counsel, #2 Certificate of Service)(Moore, Aaron) |
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SO ORDERED re #31 MOTION for Pro Hac Vice Appearance of Attorney Sonia K. Pfaffenroth, #33 MOTION for Pro Hac Vice Appearance of Attorney D. Eric Shapland, #30 MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf, #32 MOTION for Pro Hac Vice Appearance of Attorney Laura S. Shores filed by Mallinckrodt ARD, Inc., Mallinckrodt plc. ORDERED by Judge Maryellen Noreika on 6/21/2021. (dlw)
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Filing 29
ORAL ORDER - IT IS HEREBY ORDERED that, on or before 6/21/2021, the parties shall file the statement required by Rule 81.2 of the Local Rules of Civil Practice and Procedure of the United States District Court for the District of Delaware. ORDERED by Judge Maryellen Noreika on 6/14/2021. (dlw)
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| Filing 28 NOTICE of Appearance by Aaron E. Moore on behalf of Mallinckrodt ARD, Inc., Mallinckrodt plc (Moore, Aaron) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 27 NOTICE of Appearance by Christopher Fitzpatrick Cannataro on behalf of Accredo Health Group, Inc., CuraScript Inc., Curascript SD, Express Scripts Holding Company, Express Scripts Inc., United Biosource Corporation (Cannataro, Christopher) |
| Filing 26 NOTICE of Appearance by John M. Seaman on behalf of Accredo Health Group, Inc., CuraScript Inc., Curascript SD, Express Scripts Holding Company, Express Scripts Inc., United Biosource Corporation (Seaman, John) |
| Filing 25 Local Counsel Letter sent. Notice of Compliance deadline set for 6/4/2021. (apk) |
| Filing 24 Record of case transferred in from District of Pennsylvania Eastern; Case Number in Other District: 2:21-cv-00114. Copy of Docket Sheet and original file |
| COPIES OF ORDER #23 MAILED TO UNREPS. (fdc) [Transferred from Pennsylvania Eastern on 5/5/2021.] Modified on 5/5/2021 (apk). |
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Filing 23
ORDERED THAT PLAINTIFFS MOTION (DOCUMENT NO. 19) IS DENIED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 4/21/21.4/21/21 ENTERED AND COPIES E-MAILED. *NOT MAILED TO UNREPS. (jaa, ) [Transferred from Pennsylvania Eastern on 5/5/2021.]
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| Filing 22 RESPONSE in Opposition re #19 MOTION for Reconsideration re #18 Notice (Other), #17 Order (Memorandum and/or Opinion), filed by MALLINCKRODT PLC, Mallinckrodt ARD, Inc. f/k/a Questcor Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order)(DURIVAGE, LEE) [Transferred from Pennsylvania Eastern on 5/5/2021.] |
| Filing 21 NOTICE by INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 542 of Second Supplemental Authority in Support of its Motion for Reconsideration (RASSIAS, DION) [Transferred from Pennsylvania Eastern on 5/5/2021.] |
| Filing 20 NOTICE by INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 542 (Attachments: #1 Exhibit A)(HAVILAND, DONALD) [Transferred from Pennsylvania Eastern on 5/5/2021.] |
| Filing 19 MOTION for Reconsideration re #18 Notice (Other), #17 Order (Memorandum and/or Opinion), filed by INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 542.Memorandum, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum, #3 Exhibit A, #4 Exhibit B)(HAVILAND, DONALD) [Transferred from Pennsylvania Eastern on 5/5/2021.] |
| Filing 18 NOTICE by INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 542 Of Motion to Transfer (Attachments: #1 Exhibit A)(HAVILAND, DONALD) [Transferred from Pennsylvania Eastern on 5/5/2021.] |
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Filing 17
ORDERED THAT MALLINCKRODTS MOTION (DOCUMENT NO. 5) IS GRANTED; PLAINTIFFS MOTION (DOCUMENT NO. 7) IS DENIED WITHOUT PREJUDICE AND THIS CASE IS TRANSFERRED TO THE DISTRICT OF DELAWARE WITH THE EXPECTATION THIS IT WILL BE TRANSFERRED TO THE BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE TO DECIDE THE REMAND ISSUE. SIGNED BY HONORABLE BERLE M. SCHILLER ON 3/10/21. 3/10/21 ENTERED AND COPIES E-MAILED. *NOT MAILED TO UNREPS. (jaa, ) [Transferred from Pennsylvania Eastern on 5/5/2021.]
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| Filing 16 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE BERLE M. SCHILLER ON 3/10/21. 3/10/21 ENTERED AND COPIES E-MAILED. *NOT MAILED TO UNREPS. (jaa, ) [Transferred from Pennsylvania Eastern on 5/5/2021.] |
| PLEADING #16, #17 MAILED TO UNREPS (JL ) Modified on 3/11/2021 (lisad, ). [Transferred from Pennsylvania Eastern on 5/5/2021.] Modified on 5/5/2021 (apk). |
| Filing 15 Praecipe to Attach Excerpts from Transcript of February 11, 2021 Bankruptcy Hearing by MALLINCKRODT PLC, Mallinckrodt ARD, Inc. f/k/a Questcor Pharmaceuticals, Inc.. (DURIVAGE, LEE) [Transferred from Pennsylvania Eastern on 5/5/2021.] Modified on 5/5/2021 (apk). |
| DOC. 11 MAILED TO UNREPS. (sg, ) [Transferred from Pennsylvania Eastern on 5/5/2021.] Modified on 5/5/2021 (apk). |
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Filing 13
ORDER THAT PLAINTIFF'S MOTION TO SUBSTITUTE (DOC. NO. #12 ) IS GRANTED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 2/19/21.2/22/21 ENTERED AND COPIES E-MAILED.(amas, ) [Transferred from Pennsylvania Eastern on 5/5/2021.]
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| Filing 12 MOTION to Substitute Docket No. 91 filed by INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 542.Certificate of Service. (Attachments: #1 Exhibit A)(HAVILAND, DONALD) [Transferred from Pennsylvania Eastern on 5/5/2021.] |
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Filing 11
ORDER THAT PLAINITFF'S MOTION TO FILE UNDER SEAL (DOC. NO. #10 ) IS GRANTED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 2/18/21.2/18/21 ENTERED AND COPIES E-MAILED. NOT MAILED TO UNREPS. (amas, ) Modified on 2/19/2021 (lisad, ). [Transferred from Pennsylvania Eastern on 5/5/2021.]
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| Filing 10 MOTION to Seal Document #9 Response in Opposition to Motion,, filed by INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 542.Memorandum, Certificate of Service. (Attachments: #1 Exhibit L, #2 Exhibit U, #3 Exhibit V, #4 Exhibit W)(HAVILAND, DONALD) [Transferred from Pennsylvania Eastern on 5/5/2021.] |
| Filing 14 Original Record together with certified copy of docket entries received from Court of Common Pleas of MONTGOMERY County. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit)(rf, ) (Additional attachment(s) added on 2/24/2021: #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit) (rf, ). (Additional attachment(s) added on 2/24/2021: #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit, #53 Exhibit, #54 Exhibit, #55 Exhibit, #56 Exhibit, #57 Exhibit, #58 Exhibit, #59 Exhibit, #60 Exhibit, #61 Exhibit, #62 Certificate of Service, #63 Exhibit, #64 Exhibit, #65 Exhibit, #66 Exhibit, #67 Exhibit, #68 Exhibit, #69 Exhibit, #70 Exhibit, #71 Exhibit) (rf, ). (Additional attachment(s) added on 2/24/2021: #72 Exhibit, #73 Exhibit, #74 Exhibit, #75 Exhibit, #76 Exhibit, #77 Exhibit, #78 Exhibit, #79 Exhibit, #80 Exhibit, #81 Exhibit, #82 Exhibit, #83 Exhibit, #84 Exhibit, #85 Exhibit, #86 Exhibit, #87 Exhibit, #88 Exhibit, #89 Exhibit, #90 Exhibit, #91 Exhibit, #92 Exhibit, #93 Exhibit, #94 Exhibit, #95 Exhibit, #96 Exhibit, #97 Exhibit, #98 Exhibit, #99 Exhibit, #100 Exhibit, #101 Exhibit) (rf, ). (Additional attachment(s) added on 2/24/2021: #102 Exhibit, #103 Exhibit, #104 Exhibit, #105 Exhibit, #106 Exhibit, #107 Exhibit, #108 Exhibit, #109 Exhibit, #110 Exhibit, #111 Exhibit, #112 Exhibit, #113 Exhibit, #114 Exhibit, #115 Exhibit, #116 Exhibit, #117 Exhibit, #118 Exhibit, #119 Exhibit, #120 Exhibit, #121 Exhibit, #122 Exhibit, #123 Exhibit, #124 Exhibit, #125 Exhibit, #126 Exhibit, #127 Exhibit, #128 Exhibit, #129 Exhibit, #130 Exhibit, #131 Exhibit, #132 Exhibit, #133 Exhibit, #134 Exhibit, #135 Exhibit, #136 Exhibit, #137 Exhibit, #138 Exhibit, #139 Exhibit, #140 Exhibit, #141 Exhibit) (rf, ). (Additional attachment(s) added on 2/24/2021: #142 Exhibit, #143 Exhibit, #144 Exhibit, #145 Errata, #146 Exhibit, #147 Exhibit, #148 Exhibit, #149 Exhibit, #150 Exhibit, #151 Exhibit, #152 Exhibit, #153 Exhibit, #154 Exhibit, #155 Exhibit, #156 Exhibit, #157 Exhibit, #158 Exhibit, #159 Exhibit, #160 Exhibit, #161 Exhibit, #162 Exhibit, #163 Exhibit, #164 Exhibit, #165 Exhibit, #166 Exhibit, #167 Exhibit, #168 Exhibit, #169 Exhibit, #170 Exhibit, #171 Exhibit, #172 Exhibit, #173 Exhibit, #174 Exhibit, #175 Exhibit, #176 Exhibit, #177 Exhibit, #178 Exhibit, #179 Exhibit, #180 Exhibit, #181 Exhibit, #182 Exhibit, #183 Exhibit, #184 Exhibit, #185 Exhibit, #186 Exhibit) (rf, ). (Additional attachment(s) added on 2/24/2021: #187 Exhibit, #188 Exhibit, #189 Exhibit, #190 Exhibit, #191 Exhibit, #192 Exhibit, #193 Exhibit) (rf, ). (Additional attachment(s) added on 2/24/2021: #194 Exhibit, #195 Exhibit, #196 Exhibit, #197 Exhibit, #198 Exhibit, #199 Exhibit, #200 Exhibit) (rf, ). (Additional attachment(s) added on 2/24/2021: #201 Exhibit, #202 Exhibit, #203 Exhibit, #204 Exhibit, #205 Exhibit, #206 Exhibit, #207 Exhibit, #208 Exhibit, #209 Exhibit, #210 Exhibit, #211 Exhibit, #212 Exhibit, #213 Exhibit, #214 Exhibit, #215 Exhibit, #216 Exhibit, #217 Exhibit, #218 Exhibit, #219 Exhibit, #220 Exhibit, #221 Exhibit, #222 Exhibit, #223 Exhibit, #224 Exhibit, #225 Exhibit, #226 Exhibit, #227 Exhibit, #228 Exhibit, #229 Exhibit, #230 Exhibit) (rf, ). (Additional attachment(s) added on 2/24/2021: #231 Exhibit, #232 Exhibit, #233 Exhibit, #234 Exhibit, #235 Exhibit, #236 Exhibit, #237 Exhibit, #238 Exhibit, #239 Exhibit, #240 Exhibit, #241 Exhibit, #242 Exhibit, #243 Exhibit, #244 Exhibit, #245 Exhibit, #246 Exhibit, #247 Exhibit, #248 Exhibit, #249 Exhibit, #250 Exhibit) (rf, ). [Transferred from Pennsylvania Eastern on 5/5/2021.] |
| Filing 9 RESPONSE in Opposition re #5 MOTION to Transfer Venue filed by INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 542. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit)(PLATT, WILLIAM) (Attachment 22 replaced on 2/19/2021 per Order #11 ) (lisad, ). (Attachment 23 replaced on 2/19/2021 per Order #11 ) (lisad, ). (Attachment 25 replaced on 2/19/2021 per Order #11 ) (lisad, ). Modified on 2/19/2021 (lisad, ). (Main Document 9 replaced on 2/22/2021 per Order #13 ) (amas, ). [Transferred from Pennsylvania Eastern on 5/5/2021.] |
| Filing 8 RESPONSE in Opposition re #7 MOTION to Remand to State Court filed by MALLINCKRODT PLC, Mallinckrodt ARD, Inc. f/k/a Questcor Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order)(DURIVAGE, LEE) [Transferred from Pennsylvania Eastern on 5/5/2021.] |
| Filing 7 MOTION to Remand to State Court filed by INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 542.Memorandum, Certificate of Service. (Attachments: #1 Declaration with Exhibits)(RASSIAS, DION) [Transferred from Pennsylvania Eastern on 5/5/2021.] |
| Filing 6 NOTICE of Appearance by DION G. RASSIAS on behalf of INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 542 with Certificate of Service(RASSIAS, DION) [Transferred from Pennsylvania Eastern on 5/5/2021.] |
| Filing 5 MOTION to Transfer Venue filed by MALLINCKRODT PLC, Mallinckrodt ARD, Inc. f/k/a Questcor Pharmaceuticals, Inc..Memorandum, Certificate of Service. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(DURIVAGE, LEE) [Transferred from Pennsylvania Eastern on 5/5/2021.] |
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Filing 4
ORDER THAT THE PROTHONOTARY OF THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA, MAY SUBMIT THE AFORESAID RECORDS TO THE CLERK OF THIS COURT IN ELECTRONIC FORMAT, SO THAT THEY CAN BE FILED IN THE ABOVE-CAPTIONED MATTER; ETC.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 1/25/21. 1/25/21 ENTERED AND E-MAILED.(JL ) [Transferred from Pennsylvania Eastern on 5/5/2021.]
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| Filing 3 AFFIDAVIT re #1 Notice of Removal (Attorney),,,,,, by MALLINCKRODT PLC, Mallinckrodt ARD, Inc. f/k/a Questcor Pharmaceuticals, Inc.. (DURIVAGE, LEE) [Transferred from Pennsylvania Eastern on 5/5/2021.] |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 by MALLINCKRODT PLC, Mallinckrodt ARD, Inc. f/k/a Questcor Pharmaceuticals, Inc..(DURIVAGE, LEE) [Transferred from Pennsylvania Eastern on 5/5/2021.] |
| Filing 1 NOTICE OF REMOVAL by MALLINCKRODT PLC, Mallinckrodt ARD, Inc. f/k/a Questcor Pharmaceuticals, Inc. (Filing fee $ 402 receipt number 0313-14831334), filed by MALLINCKRODT PLC, Mallinckrodt ARD, Inc. f/k/a Questcor Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1a, #2 Exhibit 1b, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9 - Part 1, #11 Exhibit 9 - Part 2, #12 Exhibit 9 - Part 3, #13 Exhibit 9 - Part 4, #14 Exhibit 9- Part 5, #15 Exhibit 9 - Part 6, #16 Exhibit 9 - Part 7, #17 Exhibit 9 - Part 8, #18 Exhibit 9 - Part 9, #19 Exhibit 9 - Part 10, #20 Exhibit 9 - Part 11, #21 Exhibit 9 - Part 12, #22 Exhibit 9 - Part 13, #23 Exhibit 9 - Part 14, #24 Exhibit 9 - Part 15, #25 Exhibit 9 - Part 16, #26 Exhibit 9 - Part 17, #27 Exhibit 9 - Part 18, #28 Exhibit 9 - Part 19, #29 Exhibit 9 - Part 20, #30 Exhibit 9 - Part 21, #31 Exhibit 9 - Part 22, #32 Exhibit 9 - Part 23, #33 Exhibit 9 - Part 24, #34 Exhibit 9 - Part 25, #35 Exhibit 9 - Part 26, #36 Exhibit 9 - Part 27, #37 Exhibit 9 - Part 28, #38 Exhibit 9 - Part 29, #39 Exhibit 9 - Part 30, #40 Exhibit 9 - Part 31, #41 Exhibit 9 - Part 32, #42 Exhibit 9 - Part 33, #43 Exhibit 9 - Part 34, #44 Exhibit 9 - Part 35, #45 Exhibit 9 - Part 36, #46 Exhibit 9 - Part 37, #47 Exhibit 9 - Part 38, #48 Exhibit 9 - Part 39, #49 Exhibit 9 - Part 40, #50 Exhibit 9 - Part 41, #51 Exhibit 9 - Part 42, #52 Exhibit 9 - Part 43, #53 Exhibit 9 - Part 44, #54 Exhibit 9 - Part 45, #55 Exhibit 9 - Part 46, #56 Exhibit 9 - Part 47)(DURIVAGE, LEE) [Transferred from Pennsylvania Eastern on 5/5/2021.] |
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