Salvemini et al v. Air & Liquid Systems Corporation et al
| Michele Salvemini, Francesco Salvemini, Marco Salvemini and Mariangela Salvemini |
| ConocoPhillips Company, Goulds Pumps LLC, Paramount Global, Redco Corporation, Air & Liquid Systems Corporation, A.W. Chesterton Company, Phillips Petroleum Company, Elliott Company, Flowserve Corporation, Flowserve US, Inc., FMC Corporation, General Electric Company, Goulds Pumps Incorporated, Amerada Hess Corporation, ITT LLC, McNally Industries, LLC, Metropolitan Life Insurance Company, ViacomCBS Inc., Viacom, Inc. and Crane Co. |
| Hess Corporation |
| 1:2022cv00977 |
| July 26, 2022 |
| U.S. District Court for the District of Delaware |
| Sherry R Fallon |
| Maryellen Noreika |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 Diversity-Asbestos Litigation |
| Plaintiff |
Docket Report
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| Filing 82 NOTICE OF SERVICE of Death Certificate and Identity Cards filed by Francesco Salvemini, Marco Salvemini, Mariangela Salvemini, Michele Salvemini.(Bifferato, Ian) |
| Filing 81 MOTION for Pro Hac Vice Appearance of Attorney Jake Reber, Esquire - filed by FMC Corporation. (Attachments: #1 Text of Proposed Order, #2 Exhibit Certification)Motions referred to Sherry R. Fallon.(Glenn, Neal) |
SO ORDERED- re #81 MOTION for Pro Hac Vice Appearance of Attorney Jake Reber, Esquire. Signed by Judge Sherry R. Fallon on 2/24/2023. (lih)
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| CORRECTING ENTRY: The pro hac motions previously filed as D.I. numbers 81 and 82 have been deleted. Counsel is advised to contact the clerk's office for instructions on how to file one pro hac motion on behalf of more than one defendant rather than filing two separate motions. (lih) |
| Filing 80 NOTICE OF SERVICE of Plaintiffs' Answers to Defendants' Interrogatories and Requests for Production filed by Francesco Salvemini, Marco Salvemini, Mariangela Salvemini, Michele Salvemini.(Bifferato, Ian) |
| Filing 79 MOTION for Pro Hac Vice Appearance of Attorney Joseph P. Fiteni - filed by ConocoPhillips Company. (Attachments: #1 Text of Proposed Order, #2 Certification)Motions referred to Sherry R. Fallon.(Sunshine, Paul) Modified on 2/23/2023 (lih). |
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SO ORDERED- re #79 MOTION for Pro Hac Vice Appearance of Attorney Joseph P. Fiteni. Signed by Judge Sherry R. Fallon on 2/23/2023. (lih)
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| Filing 78 NOTICE OF SERVICE of Translated Medical Records filed by Francesco Salvemini, Marco Salvemini, Mariangela Salvemini, Michele Salvemini.(Bifferato, Ian) |
| Filing 77 NOTICE to Take Deposition of Michele Salvemini on February 27, 2023 filed by Francesco Salvemini, Marco Salvemini, Mariangela Salvemini, Michele Salvemini.(Bifferato, Ian) |
| Filing 76 Cross NOTICE of of Deposition by Francesco Salvemini, Marco Salvemini, Mariangela Salvemini, Michele Salvemini re #75 Notice to Take Deposition, (Bifferato, Ian) |
| Filing 75 NOTICE to Take Deposition of Michele Salvemini on February 27, 2023, at 10:00 a.m. ET, 7:00 a.m. PT, and 4:00 p.m. Central European Time, filed by Air & Liquid Systems Corporation(sued individually and as successor-by-merger to Buffalo Pumps, Inc., a Pennsylvania Corporation with its principal place of business in the State of Pennsylvania). (Attachments: #1 Stipulation and Agreement Regarding Virtual Deposition of Plaintiff Michele Salvemini)(Sullivan, Timothy) |
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SO ORDERED- re #73 MOTION for Pro Hac Vice Appearance of Attorney Carolyn OConnor. Signed by Judge Sherry R. Fallon on 2/21/2023. (lih)
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| Filing 74 NOTICE of Appearance by Julie M. O'Dell on behalf of Hess Corporation (O'Dell, Julie) |
| Filing 73 MOTION for Pro Hac Vice Appearance of Attorney Carolyn OConnor - filed by Hess Corporation. Motions referred to Sherry R. Fallon.(Beste, Robert) |
| Filing 72 NOTICE to Take Deposition of Michele Salvemini on February 27, 2023, at 4:00 p.m. Italy time, 10:00 a.m. ET, 7:00 a.m. PT at Plaintiff's residence, Traversa Tommaso De Amicis No. 52, Napoli, Italy filed by Air & Liquid Systems Corporation(sued individually and as successor-by-merger to Buffalo Pumps, Inc., a Pennsylvania Corporation with its principal place of business in the State of Pennsylvania). (Attachments: #1 Stipulation and Agreement Regarding Virtual Deposition of Plaintiff Michele Salvemini)(Sullivan, Timothy) |
| Filing 71 NOTICE OF SERVICE of Medical Records re #70 Notice of Service filed by Francesco Salvemini, Marco Salvemini, Mariangela Salvemini, Michele Salvemini.(Bifferato, Ian) |
| Filing 70 NOTICE OF SERVICE of Medical Records filed by Francesco Salvemini, Marco Salvemini, Mariangela Salvemini, Michele Salvemini.(Bifferato, Ian) |
| Filing 69 MOTION for Pro Hac Vice Appearance of Attorney Michael Armitage - filed by Francesco Salvemini, Marco Salvemini, Mariangela Salvemini, Michele Salvemini. Motions referred to Sherry R. Fallon.(Bifferato, Ian) |
| Pro Hac Vice Attorney Michael Armitage for Francesco Salvemini, Marco Salvemini, Mariangela Salvemini, and Michele Salvemini 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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SO ORDERED- re #69 MOTION for Pro Hac Vice Appearance of Attorney Michael Armitage. Signed by Judge Sherry R. Fallon on 1/31/2023. (lih)
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| Filing 68 NOTICE of Service of Rule 26(a) Initial Disclosures by ITT LLC (Costello, Kelly) |
| Filing 67 NOTICE of Service of Rule 26(a) Initial Disclosures by Goulds Pumps LLC (Costello, Kelly) |
| Filing 66 NOTICE of Service of Rule 26(a) Initial Disclosures by Elliott Company (Costello, Kelly) |
| CORRECTING ENTRY: The Initial Disclosures previously filed at D.I. 66 have been deleted from the docket for failure to comply with D. Del. LR 5.4(b). (lih) |
| Filing 65 NOTICE OF SERVICE of Medical Records and Diagnostic Materials filed by Francesco Salvemini, Marco Salvemini, Mariangela Salvemini, Michele Salvemini.(Bifferato, Ian) |
| Filing 64 NOTICE OF SERVICE of INITIAL DISCLOSURE - RULE 26(a)(1) filed by Flowserve US, Inc..(Preston, Willard) |
| Filing 63 NOTICE OF SERVICE of Plaintiffs' Initial Disclosure Statement Pursuant to Rule 26(a)(1) filed by Francesco Salvemini, Marco Salvemini, Mariangela Salvemini, Michele Salvemini.(Farnan, Michael) |
| Filing 62 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures filed by Hess Corporation.(Beste, Robert) |
| CORRECTING ENTRY: : The Initial Disclosures previously filed at D.I. 62 have been deleted from the docket for failure to comply with D. Del. LR 5.4(b). (lih) |
| Filing 61 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures filed by General Electric Company.(Texter, Allison) |
| Filing 60 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures filed by Paramount Global.(Texter, Allison) |
| Filing 59 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Ebara Corporation, Other Affiliate Elliott Group Holdings, Inc. for Elliott Company filed by Elliott Company. (Costello, Kelly) |
| Filing 58 ANSWER to #1 Complaint,, with Jury Demand by Elliott Company.(Costello, Kelly) |
| Filing 57 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Sapphire Topco Inc. for Goulds Pumps LLC filed by Goulds Pumps LLC. (Costello, Kelly) |
| Filing 56 ANSWER to #1 Complaint,, with Jury Demand by Goulds Pumps LLC.(Costello, Kelly) |
| Filing 55 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Sapphire Topco Inc. for ITT LLC filed by ITT LLC. (Costello, Kelly) |
| Filing 54 ANSWER to #1 Complaint,, with Jury Demand by ITT LLC.(Costello, Kelly) |
| Filing 53 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate General Electric Capital Corporation, Other Affiliate GE Capital, Other Affiliate NBC Universal Inc., Other Affiliate GE Capital Equity, Other Affiliate General Electric Capital Services, Inc., Other Affiliate Universal City Development Partners, Ltd., Other Affiliate NBC Universal Media, LLC (a/k/a NBC Universal), Other Affiliate Value Vision Media, Inc. for General Electric Company filed by General Electric Company. (Texter, Allison) Modified on 10/31/2022 (lih). |
| Filing 52 ANSWER to #1 Complaint, with Jury Demand by General Electric Company.(Texter, Allison) Modified on 10/31/2022 (lih). |
| CORRECTING ENTRY: The pdf's of D.I. numbers #52 and #53 have been replaced with revised versions of the documents to correct the case caption. (lih) |
| Filing 51 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures filed by Redco Corporation.(Texter, Allison) |
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Filing 50
SCHEDULING ORDER: Joinder of Parties due by 3/27/2023. Amended Pleadings due by 3/27/2023. Discovery due by 3/15/2024. Status Report due by 3/25/2024. A Status Conference is set for 4/2/2024 at 10:00 AM before Judge Sherry R. Fallon. Dispositive Motions due by 4/25/2024. IT IS FURTHER ORDERED that the Rule 16 scheduling teleconference set for October 25, 2022 at 10:00 a.m. is CANCELLED. (PLEASE REFER TO SCHEDULING ORDER FOR FURTHER DETAILS.) Signed by Judge Sherry R. Fallon on 10/24/2022. (lih)
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ORAL ORDER - Whereas a summons was returned executed as to each of the following Defendants: Elliott Co. on 7/27/22 and its answer was due on 8/17/22 (D.I. #5 ); General Electric Co. on 8/2/22 and its answer was due on 8/23/22 (D.I. #18 ); Goulds Pumps LLC on 7/27/22 and its answer was due on 8/17/22 (D.I. #8 ); and ITT LLC on 8/1/22 and its answer was due on 8/22/22 (D.I. #10 ); Whereas, according to the docket, none of the aforementioned Defendants have answered, objected or otherwise pleaded to the complaint; IT IS HEREBY ORDERED that on or before October 31, 2022, each of the aforementioned Defendants shall file its responsive pleading and Fed. R. Civ. P. 7.1 Disclosure Statement or, alternatively, if such Defendant is no longer active in the case, a notice of Dismissal shall be filed. Ordered by Judge Sherry R. Fallon on 10/24/2022. (lih)
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| Filing 49 Joint PROPOSED Scheduling Order by Francesco Salvemini, Marco Salvemini, Mariangela Salvemini, Michele Salvemini. (Attachments: #1 Exhibit A. Chart of Deadlines)(Bifferato, Ian) Modified on 10/21/2022 (lih). |
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ORAL ORDER re D.I. #48 Having reviewed the parties' Joint Proposed Scheduling Order and finding it does not comply with this court's previous oral order on 9/29/2022, IT IS HEREBY ORDERED that parties shall submit a revised proposed Scheduling Order to the Court no later than 10/21/2022 by 4pm. Ordered by Judge Sherry R. Fallon on 10/21/2022. (lih)
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| Filing 48 Joint PROPOSED Scheduling Order by Francesco Salvemini, Marco Salvemini, Mariangela Salvemini, Michele Salvemini. (Bifferato, Ian) Modified on 10/21/2022 (lih). |
| Filing 47 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Spruce Lake Liability Management Holdco LLC for Redco Corporation filed by Redco Corporation. (Texter, Allison) |
| Filing 46 ANSWER to #1 Complaint, with Jury Demand , CROSSCLAIM against All Defendants by Redco Corporation.(Skiles, Nicholas) Modified on 9/29/2022 (lih). |
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ORAL ORDER SETTING RULE 16(b) CONFERENCE: IT IS HEREBY ORDERED that: (1) A scheduling teleconference pursuant to Fed. R. Civ. P. 16(b) will be held on 10/25/2022 at 10:00 a.m. (2) The parties are required to prepare for the teleconference by conferring on all matters under Rule 16 and D. Del. LR 16 and shall submit a proposed Scheduling Order to the Court no later than 10/20/2022. (3) Counsel are instructed to use Judge Fallon's form asbestos scheduling order posted at https://www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon for all events up to and including Status Conference and Judge Noreika's form non-patent scheduling order posted at https://www.ded.uscourts.gov/judge/judge-maryellen-noreika for all events including and following Case Dispositive Motions and shall include a chart of the deadlines as an exhibit to the proposed Scheduling Order. Regardless of the number of Daubert motions and case dispositive issues raised by a moving party, the moving party shall file only one opening brief with briefing subject to the page limitations set forth in Local Rule 7.1.3(4), 20 pages for the opening and answering briefs and 10 pages for the reply. These requirements shall be included in the proposed Scheduling Order. (4) If any disputed issue exists regarding the proposed Scheduling Order, it shall be noted therein, along with the parties proposed language on the issue for consideration by the Court. Ordered by Judge Sherry R. Fallon on 9/29/2022. (lih)
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| Filing 45 ANSWER to #1 Complaint, CROSSCLAIM against All Parties by ConocoPhillips Company.(Sunshine, Paul) Modified on 9/19/2022 (lih). |
| Filing 44 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent ConocoPhillips for ConocoPhillips Company filed by ConocoPhillips Company. (Sunshine, Paul) |
| Filing 43 NOTICE of Appearance by Paul D. Sunshine on behalf of ConocoPhillips Company (Sunshine, Paul) |
| Filing 42 NOTICE OF SERVICE of Rule 26 Initial Disclosures filed by FMC Corporation.(Glenn, Neal) |
| Filing 41 NOTICE OF SERVICE of Rule 26 Initial Disclosures filed by McNally Industries, LLC.(Glenn, Neal) |
| Filing 40 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by FMC Corporation. (Glenn, Neal) |
| Filing 39 ANSWER to #1 Complaint, CROSSCLAIM against All Defendants by FMC Corporation.(Glenn, Neal) Modified on 9/13/2022 (lih). |
| Filing 38 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by McNally Industries, LLC. (Glenn, Neal) |
| Filing 37 ANSWER to #1 Complaint, CROSSCLAIM against All Defendants by McNally Industries, LLC.(Glenn, Neal) Modified on 9/13/2022 (lih). |
| Filing 36 NOTICE of Voluntary Dismissal by Francesco Salvemini, Marco Salvemini, Mariangela Salvemini, Michele Salvemini as to Metropolitan Life Insurance Company (Bifferato, Ian) |
| Filing 35 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Flowserve Corporation for Flowserve US, Inc. filed by Flowserve US, Inc.. (Preston, Willard) |
| Filing 34 ANSWER to #1 Complaint,, , CROSSCLAIM against All Defendants by Flowserve US, Inc..(Preston, Willard) |
| Filing 33 NOTICE of Appearance by Willard F. Preston, III on behalf of Flowserve US, Inc. (Preston, Willard) |
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Filing 32
SO ORDERED re #30 Stipulation of Dismissal. Party A.W. Chesterton Company (a Massachusetts Corporation with its principal place of business in the State of Massachusetts) terminated. Signed by Judge Maryellen Noreika on 8/19/2022. (dlw)
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| Filing 31 ANSWER to #1 Complaint,, with with Jury demand , CROSSCLAIM against All Defendants by Air & Liquid Systems Corporation.(Sullivan, Timothy) |
| Filing 30 STIPULATION of Dismissal of Defendant A.W. Chesterton Company by Francesco Salvemini, Marco Salvemini, Mariangela Salvemini, Michele Salvemini. (Bifferato, Ian) Modified on 8/19/2022 (dlw). |
| Filing 29 NOTICE of Appearance by Kelly A. Costello on behalf of ITT LLC (Costello, Kelly) |
| Filing 28 NOTICE of Appearance by Kelly A. Costello on behalf of Goulds Pumps LLC (Costello, Kelly) |
| Filing 27 NOTICE of Appearance by Kelly A. Costello on behalf of Elliott Company (Costello, Kelly) |
| Filing 26 NOTICE of Appearance by Neal C. Glenn on behalf of McNally Industries, LLC (Glenn, Neal) |
| Filing 25 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Hess Corporation. (Beste, Robert) |
| Filing 24 ANSWER to #1 Complaint,, with Jury Demand , CROSSCLAIM against All Defendants by Hess Corporation.(Beste, Robert) |
| Filing 23 NOTICE of Appearance by Robert Karl Beste, III on behalf of Hess Corporation (Beste, Robert) |
| Filing 22 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate National Amusements, Inc. for Paramount Global filed by Paramount Global. (Texter, Allison) |
| Filing 21 ANSWER to #1 Complaint,, with Jury Demand by Paramount Global.(Texter, Allison) |
| Filing 20 SUMMONS Returned Executed by Michele Salvemini, Mariangela Salvemini, Marco Salvemini, Francesco Salvemini. Metropolitan Life Insurance Company served on 8/2/2022, answer due 8/23/2022. (Bifferato, Ian) |
| Filing 19 SUMMONS Returned Executed by Michele Salvemini, Mariangela Salvemini, Marco Salvemini, Francesco Salvemini. McNally Industries, LLC served on 8/4/2022, answer due 8/25/2022. (Bifferato, Ian) |
| Filing 18 SUMMONS Returned Executed by Michele Salvemini, Mariangela Salvemini, Marco Salvemini, Francesco Salvemini. General Electric Company served on 8/2/2022, answer due 8/23/2022. (Bifferato, Ian) |
| Filing 17 SUMMONS Returned Executed by Michele Salvemini, Mariangela Salvemini, Marco Salvemini, Francesco Salvemini. Flowserve Corporation served on 8/2/2022, answer due 8/23/2022. (Bifferato, Ian) |
| Filing 16 SUMMONS Returned Executed by Michele Salvemini, Mariangela Salvemini, Marco Salvemini, Francesco Salvemini. Air & Liquid Systems Corporation served on 8/2/2022, answer due 8/23/2022. (Bifferato, Ian) |
| Filing 15 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Ampco-Pittsburgh Corporation for Air & Liquid Systems Corporation filed by Air & Liquid Systems Corporation. (Sullivan, Timothy) |
| Filing 14 NOTICE of Appearance by Timothy A. Sullivan, III on behalf of Air & Liquid Systems Corporation (Sullivan, Timothy) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| CASE REFERRED to Magistrate Judge Sherry R. Fallon. (rjb) |
| Filing 13 NOTICE of Appearance by Neal C. Glenn on behalf of FMC Corporation (Glenn, Neal) |
| Filing 12 SUMMONS Returned Executed by Michele Salvemini, Mariangela Salvemini, Marco Salvemini, Francesco Salvemini. Redco Corporation served on 7/27/2022, answer due 8/17/2022. (Bifferato, Ian) |
| Filing 11 SUMMONS Returned Executed by Michele Salvemini, Mariangela Salvemini, Marco Salvemini, Francesco Salvemini. Paramount Global served on 7/27/2022, answer due 8/17/2022. (Bifferato, Ian) |
| Filing 10 SUMMONS Returned Executed by Michele Salvemini, Mariangela Salvemini, Marco Salvemini, Francesco Salvemini. ITT LLC served on 8/1/2022, answer due 8/22/2022. (Bifferato, Ian) |
| Filing 9 SUMMONS Returned Executed by Michele Salvemini, Mariangela Salvemini, Marco Salvemini, Francesco Salvemini. Hess Corporation served on 7/27/2022, answer due 8/17/2022. (Bifferato, Ian) |
| Filing 8 SUMMONS Returned Executed by Michele Salvemini, Mariangela Salvemini, Marco Salvemini, Francesco Salvemini. Goulds Pumps LLC served on 7/27/2022, answer due 8/17/2022. (Bifferato, Ian) |
| Filing 7 SUMMONS Returned Executed by Michele Salvemini, Mariangela Salvemini, Marco Salvemini, Francesco Salvemini. FMC Corporation served on 7/27/2022, answer due 8/17/2022. (Bifferato, Ian) |
| Filing 6 SUMMONS Returned Executed by Michele Salvemini, Mariangela Salvemini, Marco Salvemini, Francesco Salvemini. Flowserve US, Inc. served on 7/27/2022, answer due 8/17/2022. (Bifferato, Ian) |
| Filing 5 SUMMONS Returned Executed by Michele Salvemini, Mariangela Salvemini, Marco Salvemini, Francesco Salvemini. Elliott Company served on 7/27/2022, answer due 8/17/2022. (Bifferato, Ian) |
| Filing 4 SUMMONS Returned Executed by Michele Salvemini, Mariangela Salvemini, Marco Salvemini, Francesco Salvemini. ConocoPhillips Company served on 7/27/2022, answer due 8/17/2022. (Bifferato, Ian) |
| Filing 3 Summonses Issued (please complete the top portion of the form and print out for use/service). (smg) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (smg) |
| Filing 1 COMPLAINT filed with Jury Demand against A.W. Chesterton Company, Air & Liquid Systems Corporation, ConocoPhillips Company, Elliott Company, FMC Corporation, Flowserve Corporation, Flowserve US, Inc., General Electric Company, Goulds Pumps LLC, Hess Corporation, ITT LLC, McNally Industries, LLC, Metropolitan Life Insurance Company, Paramount Global, Redco Corporation ( Filing fee $ 402, receipt number BDEDC-3922697.) - filed by Michele Salvemini, Mariangela Salvemini, Marco Salvemini, Francesco Salvemini. (Attachments: #1 Civil Cover Sheet)(smg) |
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