Horizon Medicines LLC et al v. Apotex Inc. et al
| Horizon Medicines LLC, Horizon Therapeutics Ireland DAC, HZNP Medicines LLC and HZNP Finance LTD. |
| Apotex Inc. and Apotex Corp. |
| 1:2022cv00640 |
| May 13, 2022 |
| US District Court for the District of Delaware |
| Christopher J Burke |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 7, 2022. A more recent docket listing may be available from PACER.
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Filing 47
MOTION re Joint Motion for a Teleconference to Resolve Discovery Dispute re 44 Order Setting Teleconference,,,,,,, - filed by Apotex Corp., Apotex Inc.. (Hitch, Cortlan)
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Filing 46
REDACTED VERSION of #33 Declaration of Joseph M. Janusz in support of Apotex's Motion for Summary Judgment by Apotex Corp., Apotex Inc.. (Hitch, Cortlan)
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Filing 45
REDACTED VERSION of #32 Opening Brief in Support of Motion for Summary Judgment by Apotex Corp., Apotex Inc.. (Hitch, Cortlan)
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Filing 44
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' July 5, 2022 letter requesting a discovery dispute teleconference regarding one discovery dispute. (D.I. 43) It hereby ORDERS as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for 7/25/2022 at 03:30 PM before Judge Christopher J. Burke.; (3) By July 12, 2022, any party seeking relief shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By July 19, 2022, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (4) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (5) By no later than July 19, 2022, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the teleconference (however, if any party advises the Court in advance that a newer attorney will argue the dispute, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 7/5/22. (mlc)
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Filing 43
Letter to The Honorable Christopher J. Burke from Cortlan S. Hitch regarding request for the scheduling of a discovery teleconference. (Hitch, Cortlan)
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SO ORDERED D.I. #42 STIPULATION TO EXTEND TIME for Apotex to file redacted version of Opening Brief and related Declaration in support of their Motion for Summary Judgment to July 6, 2022 filed by Apotex Inc., Apotex Corp. Ordered by Judge Christopher J. Burke on 7/5/2022. (mlc)
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Filing 42
STIPULATION TO EXTEND TIME for Apotex to file redacted version of Opening Brief and related Declaration in support of their Motion for Summary Judgment to July 6, 2022 - filed by Apotex Corp., Apotex Inc.. (Hitch, Cortlan)
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Filing 41
NOTICE OF SERVICE of Apotex's response to Plaintiffs' First Set of Interrogatories (No. 1) filed by Apotex Corp., Apotex Inc..(Hitch, Cortlan)
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Filing 40
PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 7/1/2022. (dlb)
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Filing 39
PROPOSED ORDER [Proposed] Protective Order by HZNP Finance LTD., HZNP Medicines LLC, Horizon Medicines LLC, Horizon Therapeutics Ireland DAC. (Hoeschen, Nathan)
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Filing 38
STIPULATION TO EXTEND TIME for Horizon to file a response to Apotexs Counterclaims to July 26, 2022 - filed by HZNP Finance LTD., HZNP Medicines LLC, Horizon Medicines LLC, Horizon Therapeutics Ireland DAC. (Hoeschen, Nathan)
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SO ORDERED D.I. #38 STIPULATION TO EXTEND TIME for Horizon to file a response to Apotexs Counterclaims to July 26, 2022 filed by HZNP Finance LTD., Horizon Medicines LLC, HZNP Medicines LLC, Horizon Therapeutics Ireland DAC. Ordered by Judge Christopher J. Burke on 6/30/2022. (dlb)
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Filing 37
ORAL ORDER Setting Hearing on Motion: The Court HEREBY ORDERS that oral argument on the pending motion for summary judgment, (D.I. 31), will be held on August 23, 2022 at 11:00 AM before Judge Christopher J. Burke. The hearing will be held in a Courtroom to be determined, unless there is joint agreement to conduct the hearing via videoconference using the Microsoft Teams platform. By July 12, 2022, the parties shall submit a joint letter indicating whether there is joint agreement to conduct the hearing via videoconference or whether the hearing will proceed in person. If any party participant has a COVID-19 related concern about participating in an in-person hearing, they may note that in the joint letter. Two and a half hours will be allocated for argument, to be split equally between the parties. Ordered by Judge Christopher J. Burke on 6/28/2022. (dlb)
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Filing 36
Letter to Honorable Christopher J. Burke from Nathan R. Hoeschen regarding the case schedule. (Hoeschen, Nathan)
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Filing 35
REDACTED VERSION of #28 Answer to Complaint, Counterclaim by Apotex Corp., Apotex Inc.. (Dorsney, Kenneth)
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Filing 34
NOTICE OF SERVICE of 1. Plaintiffs' First Set of Requests for Production (Nos. 1-2) 2. Plaintiffs' Second Set of Interrogatories (No. 2) filed by HZNP Medicines LLC.(Hoeschen, Nathan)
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Set Briefing Schedule: re #31 MOTION for Summary Judgment and proposed order. Answering Brief due 7/15/2022 per Stipulation filed. (dlb)
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Filing 33
[SEALED] DECLARATION re #32 Opening Brief in Support Declaration of JOSEPH M. JANUSZ by Apotex Corp., Apotex Inc.. (Hitch, Cortlan)
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Filing 32
[SEALED] OPENING BRIEF in Support re #31 MOTION for Summary Judgment and proposed order filed by Apotex Corp., Apotex Inc..Answering Brief/Response due date per Local Rules is 7/8/2022. (Hitch, Cortlan)
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Filing 31
MOTION for Summary Judgment and proposed order - filed by Apotex Corp., Apotex Inc.. (Hitch, Cortlan)
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Filing 30
ORAL ORDER: By no later than June 30, 2022, the parties shall file a joint letter to the Court, of no more than two-single-spaced pages, indicating whether either side wishes the Court to issue a Scheduling Order in the case at this time (or whether the parties believe that the Court should address the forthcoming early motion for summary judgment first, before any schedule is set). Ordered by Judge Christopher J. Burke on 6/23/2022. (dlb)
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SO ORDERED D.I. #27 Stipulation to file Confidential Document Under Seal filed by Apotex Inc., Apotex Corp. Ordered by Judge Christopher J. Burke on 6/22/2022. (dlb)
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Filing 29
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Aposherm Delaware Holdings Corporation for Apotex Corp.; Corporate Parent Apotex Pharmaceutical Holdings, Inc. for Apotex Inc. filed by Apotex Corp., Apotex Inc.. (Dorsney, Kenneth)
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Filing 28
[SEALED] ANSWER to #1 Complaint, , COUNTERCLAIM against HZNP Finance LTD., HZNP Medicines LLC, Horizon Medicines LLC, Horizon Therapeutics Ireland DAC by Apotex Corp., Apotex Inc..(Dorsney, Kenneth)
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Filing 27
STIPULATION to File Confidential Documents Under Seal by Apotex Corp., Apotex Inc.. (Dorsney, Kenneth)
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Filing 26
STIPULATION TO EXTEND TIME for Apotex to respond to the Complaint to June 21, 2022 - filed by Apotex Corp., Apotex Inc.. (Hitch, Cortlan)
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SO ORDERED D.I. #26 STIPULATION TO EXTEND TIME for Apotex to respond to the Complaint to June 21, 2022 filed by Apotex Inc., Apotex Corp. Ordered by Judge Christopher J. Burke on 6/2/2022. (dlb)
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Remark: The parties should follow the Court's Standing Order Regarding Courtesy Copies, a copy of which is found on Judge Burke's portion of the District Court's webpage: #CJB Standing Order re Copies (dlb)
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REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:#http://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrder2017.pdf (dlb)
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Filing 25
STIPULATION Stay briefing on Horizon's Motion for Preliminary Injunction by Apotex Corp.. (Hitch, Cortlan)
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Filing 24
ORDER Approving Magistrate Consent submitted by parties. Case reassigned to Magistrate Judge Christopher J. Burke. Signed by Judge Colm F. Connolly on 5/31/2022. (etg)
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SO ORDERED D.I. #21 Stipulation regarding summary judgment briefing schedule filed by Apotex Inc., Apotex Corp. Ordered by Judge Christopher J. Burke on 5/31/2022. (mlc)
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Filing 23
VAC Magistrate Consent completed by the parties filed by All Defendants (Hitch, Cortlan)
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Filing 22
NOTICE OF SERVICE of Plaintiffs' First Set of Interrogatories (No. 1) filed by Horizon Medicines LLC.(Hoeschen, Nathan)
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Filing 21
STIPULATION Summary Judgment Briefing Schedule by Apotex Corp., Apotex Inc.. (Dorsney, Kenneth)
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Filing 20
REDACTED VERSION of #10 MOTION to Expedite Proceedings and Certification Pursuant to Local Rule 7.1.1 by HZNP Finance LTD., HZNP Medicines LLC, Horizon Medicines LLC, Horizon Therapeutics Ireland DAC. (Hoeschen, Nathan)
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Filing 19
REDACTED VERSION of #9 Declaration by HZNP Finance LTD., HZNP Medicines LLC, Horizon Medicines LLC, Horizon Therapeutics Ireland DAC. (Hoeschen, Nathan)
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Filing 18
REDACTED VERSION of #8 Opening Brief in Support,, by HZNP Finance LTD., HZNP Medicines LLC, Horizon Medicines LLC, Horizon Therapeutics Ireland DAC. (Hoeschen, Nathan)
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Filing 17
MOTION for Pro Hac Vice Appearance of Attorney Sanya Sukduang, Douglas W. Cheek, Jonathan Davies, Mazda Antia and Erin Trenda - filed by HZNP Finance LTD., HZNP Medicines LLC, Horizon Medicines LLC, Horizon Therapeutics Ireland DAC. (Hoeschen, Nathan)
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SO ORDERED, re #17 MOTION for Pro Hac Vice Appearance of Attorney Sanya Sukduang, Douglas W. Cheek, Jonathan Davies, Mazda Antia and Erin Trenda filed by HZNP Finance LTD., Horizon Medicines LLC, HZNP Medicines LLC, Horizon Therapeutics Ireland DAC. ORDERED by Judge Colm F. Connolly on 5/23/22. (ntl)
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Pro Hac Vice Attorney Mazda Antia, Douglas W. Cheek, Jonathan R. Davies, Sanya Sukduang, and Erin C. Trenda for Horizon Medicines LLC 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. (mpb)
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Filing 16
ORAL ORDER re #14 VAC Notice, Consent, Non-Consent, Magistrate Referral - IT IS HEREBY ORDERED that the deadline for the parties to submit the Notice of Consent of Absence of Consent to Proceed Before a United States Magistrate Judge is RESET for 6/7/2022. ORDERED by Judge Maryellen Noreika on 5/20/2022. (dlw)
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Filing 15
Joint PROPOSED ORDER on Expedited Briefing Schedule by HZNP Finance LTD., HZNP Medicines LLC, Horizon Medicines LLC, Horizon Therapeutics Ireland DAC. (Hoeschen, Nathan)
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Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 5/20/2022. The [SEALED] Motion to Expedite Proceedings and Certification Pursuant to Local Rule 7.1.1 #10 is DENIED AS MOOT. (Court Reporter Dale Hawkins.) (asw)
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SO ORDERED re #15 Joint Proposed Order on Expedited Briefing Schedule (Set Briefing Schedule: re #7 MOTION for Preliminary Injunction - Answering Brief due 5/31/2022. Reply Brief due 6/7/2022). ORDERED by Judge Maryellen Noreika on 5/20/2022. (dlw)
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Pro Hac Vice Attorney Joseph M. Janusz, Deepro R. Mukerjee, and Lance A. Soderstrom for Apotex Corp. and Apotex Inc. 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. (mpb)
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Filing 14
VAC Notice, Consent, Non-Consent, Magistrate Referral (ntl)
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Filing 13
ORAL ORDER: This case has been assigned to the District of Delaware's Vacant Judgeship ("VAC"). Detailed information relating to VAC cases may be found in the Court's Announcement of March 3, 2022 and Standing Order No. 2022-VAC-1 (March 9, 2022), which are found on the Court's website. Consistent with the foregoing Announcement and Standing Order, IT IS HEREBY ORDERED that the parties shall file the "Notice of Consent or Absence of Consent to Proceed Before a United States Magistrate Judge," being docketed along with the instant order, no later than sixty (60) days after service of the Complaint on the first defendant that is served. IT IS FURTHER ORDERED that the Notice, Consent, and Referral forms re: U.S. Magistrate Judge jurisdiction, previously docketed in this case, are VACATED. Issued by the Clerk of Court on 5/18/2022. (ntl)
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Filing 12
ORAL ORDER Setting Teleconference: IT IS HEREBY ORDERED that a Telephone Conference is set for 5/20/2022 at 04:00 PM before Judge Maryellen Noreika. Apotex may, if they choose to do so, file a response to the Motion to Expedite prior to the teleconference. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 5/18/2022. (dlw)
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Case Assigned to Vacant Judgeship (2022). Please include the initials of the Judge (VAC) after the case number on all documents filed. (nms)
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SO ORDERED re #11 MOTION for Pro Hac Vice Appearance of Attorney Joseph M. Janusz, Attorney Deepro R. Mukerjee, and Attorney Lance A. Soderstrom filed by Apotex Inc., Apotex Corp. ORDERED by Judge Maryellen Noreika on 5/18/2022. (dlw)
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Filing 11
MOTION for Pro Hac Vice Appearance of Attorney Joseph M. Janusz, Attorney Deepro R. Mukerjee, and Attorney Lance A. Soderstrom - filed by Apotex Corp., Apotex Inc.. (Dorsney, Kenneth)
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Filing 10
[SEALED] MOTION to Expedite Proceedings and Certification Pursuant to Local Rule 7.1.1 - filed by HZNP Finance LTD., HZNP Medicines LLC, Horizon Medicines LLC, Horizon Therapeutics Ireland DAC. (Hoeschen, Nathan)
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Filing 9
[SEALED] DECLARATION re #8 Opening Brief in Support,, [Declaration of Elizabeth Gutierrez] by HZNP Finance LTD., HZNP Medicines LLC, Horizon Medicines LLC, Horizon Therapeutics Ireland DAC. (Hoeschen, Nathan)
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Filing 8
[SEALED] OPENING BRIEF in Support re #7 MOTION for Preliminary Injunction and Certification Pursuant to Local Rule 7.1.1 filed by HZNP Finance LTD., HZNP Medicines LLC, Horizon Medicines LLC, Horizon Therapeutics Ireland DAC.Answering Brief/Response due date per Local Rules is 5/31/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Hoeschen, Nathan)
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Filing 7
MOTION for Preliminary Injunction and Certification Pursuant to Local Rule 7.1.1 - filed by HZNP Finance LTD., HZNP Medicines LLC, Horizon Medicines LLC, Horizon Therapeutics Ireland DAC. (Hoeschen, Nathan)
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Filing 6
SUMMONS Returned Executed by Horizon Therapeutics Ireland DAC, Horizon Medicines LLC, HZNP Medicines LLC, HZNP Finance LTD.. Apotex Corp. served on 5/16/2022, answer due 6/6/2022; Apotex Inc. served on 5/16/2022, answer due 6/6/2022. (Keller, Karen)
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Filing 5
Summons Issued as to Apotex Corp. on 5/16/2022; Apotex Inc. on 5/16/2022. (Attachments: #1 Summons Issued)(smg)
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Filing 4
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Horizon Therapeutics Plc for HZNP Finance LTD., HZNP Medicines LLC, Horizon Medicines LLC, Horizon Therapeutics Ireland DAC filed by HZNP Finance LTD., HZNP Medicines LLC, Horizon Medicines LLC, Horizon Therapeutics Ireland DAC. (smg)
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Filing 3
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number US 9,066,913 B2. (smg)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (smg)
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Filing 1
COMPLAINT filed with Jury Demand against Apotex Corp., Apotex Inc. ( Filing fee $ 402, receipt number ADEDC-3873621.) - filed by Horizon Therapeutics Ireland DAC, Horizon Medicines LLC, HZNP Medicines LLC, HZNP Finance LTD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(smg)
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