First State Insurance Company v. XTRA Corporation et al
| First State Insurance Company |
| XTRA Corporation, Xtra Intermodal, Inc., X-L-Co., Inc., Xtra LLC, Associated Indemnity Company, Fireman's Fund Insurance Company, American Insurance Company, Arrowood Indemnity Company and Providence Washington Insurance Company |
| 3:2022cv00216 |
| February 4, 2022 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Nancy J Rosenstengel |
| Staci M Yandle |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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Filing 54
NOTICE of Appearance by Edward Parks, II on behalf of First State Insurance Company (Parks, Edward)
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Filing 53
NOTICE of Appearance by Olivia Griffin Bushman on behalf of First State Insurance Company (Bushman, Olivia)
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Filing 52
NOTICE of Appearance by Steven J. Poplawski on behalf of X-L-Co., Inc., XTRA Corporation, Xtra Intermodal, Inc., Xtra LLC (Poplawski, Steven)
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Filing 51
ORDER SETTING SCHEDULING CONFERENCE: A Telephonic Scheduling Conference is SET for 5/5/2022 at 3:00 PM before Chief Judge Nancy J. Rosenstengel. Instructions for joining the conference call are as follows: (1) call toll-free, 877-336-1831; (2) when prompted, enter the seven-digit Access Code: 9139610. The parties shall submit by email (NJRpd@ilsd.uscourts.gov) a Joint Report of Parties and Proposed Scheduling and Discovery Order seven (7) days prior to the scheduling conference. Signed by Chief Judge Nancy J. Rosenstengel on 3/24/2022. (drb)
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Filing 50
CJRA TRACK C assigned: Final Pretrial Conference set for 5/25/2023 at 1:30 PM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Presumptive Bench Trial Month set for June 2023.(drb)
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Filing 49
MANDATORY MEDIATION REFERRAL ORDER. Signed by Chief Judge Nancy J. Rosenstengel on 3/24/2022. (drb)
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Filing 48
ORDER GRANTING MOTION for Joinder. (Doc. #47 ). Associated Indemnity Company, Fireman's Fund Insurance Company, American Insurance Company, Arrowood Indemnity Company, and Providence Washington Insurance Company shall be joined as defendants in this action pursuant to Fed. R. Civ. P. 19(a) and 21. Joined Defendants are reminded to file their Federal Rule of Civil Procedure 7.1 disclosure statements. Any and all deadlines are stayed pending entry of a scheduling order in this action. Signed by Chief Judge Nancy J. Rosenstengel on 3/23/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 47
MOTION for Joinder as defendants of Associated Indemnity Company, Fireman's Fund Insurance Company, American Insurance Company, Arrowood Indemnity Company, and Providence Washington Insurance Company by X-L-Co., Inc., XTRA Corporation, Xtra Intermodal, Inc., Xtra LLC. (Vincent, Brenton)
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Filing 46
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #42 Notice Requesting Consent. Document entered in error. (jlrr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 45
NOTICE of Appearance by Dena Economou on behalf of First State Insurance Company (Economou, Dena)
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Filing 44
ORDER REASSIGNING CASE: This case is one of a series of similar cases filed in this Court. Under the logic of Smith v. Check-n-Go of Illinois, 200 F.3d 511, 513 n.1 (7th Cir. 1999), this case should be reassigned to Chief Judge Nancy J. Rosenstengel. Accordingly, the undersigned hereby TRANSFERS this case (for reassignment by the Clerk's Office) to Chief District Judge Rosenstengel. The parties should use the suffix "-NJR" in the case number of all future pleadings herein. Signed by Judge Staci M. Yandle on 2/7/2022. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 43
Letter to Attorneys of Record regarding transfer and registration in our District. (kls3)
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Filing 42
STRICKEN-NOTICE FROM CLERK Instructing All Parties to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to All Parties on 2/4/2022. Consent due by 2/25/2022. (kls3) Modified on 2/28/2022 (jlrr).
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Filing 41
Notice of Judge Assignment. Judge Staci M. Yandle assigned. All future documents must bear case number 3:22-cv-216-SMY. (kls3)
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Filing 40
Case transferred in from District of Massachusetts; Case Number 1:21-cv-11855. Original file certified copy of transfer order and docket sheet received.
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Filing 39
Case transferred to to District of Southern District of Illinois;. Original file with documents numbered 1-38, certified copy of transfer order and docket sheet sent to Clerk in that district. (Warnock, Douglas) [Transferred from Massachusetts on 2/4/2022.]
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Filing 38
Judge Nathaniel M. Gorton: ORDER entered. ORDER OF TRANSFER.(Warnock, Douglas) [Transferred from Massachusetts on 2/4/2022.]
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Filing 37
Judge Nathaniel M. Gorton: MEMORANDUM AND ORDER entered. For the foregoing reasons, 1. plaintiff's motion to remand (Docket No. #14 ) is DENIED; and2. defendant's motion to transfer venue (Docket No. #13 ) is ALLOWED. So ordered. (Warnock, Douglas) . [Transferred from Massachusetts on 2/4/2022.]
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Filing 36
ELECTRONIC NOTICE of ADR Conference Alternative Dispute Resolution Hearing set for 9/6/2022 10:00AM in Remote Proceeding : Boston before Senior Judge Edward F. Harrington.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. You may forward the invitation to your clients for participation in the Mediation. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Counsel and principals are ORDERED to be present and to have full settlement authority. A brief mediation memorandum addressing both the merits of the case and the filing party's settlement position should be submitted to the court via email as an attachment to tracy_mclaughlin@mad.uscourts.gov by 8/29/2022 at 12:00PM. The mediation memo should be marked "Confidential - Not for docketing" and is not to be served upon opposing parties. Counsel are asked to accommodate this date.In the event that you believe the case is not ripe for mediation at this time or the date poses a serious conflict, please file an assented to motion for consideration.(McLaughlin, Tracy)[Transferred from Massachusetts on 2/4/2022.]
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Filing 35
Judge Nathaniel M. Gorton: ORDER entered. ORDER REFERRING CASE to Alternative Dispute Resolution for Mediation: September, 2022.(Lima, Christine) [Transferred from Massachusetts on 2/4/2022.]
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Filing 34
Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Scheduling Conference held by telephone on 1/7/2022. Court hears brief oral arguments on #13 Motion to Change Venue and #14 Motion to Remand. Court will issue decision on the pending motions by 1/31/22. If the case survive, the following scheduling order will apply: Automatic Discovery to be completed by 2/28/22; Amendments and/or Supplements to the Pleadings due by 3/31/2022; written discovery to be served by 4/30/22, answered by 5/31/22; all fact depositions and fact Discovery to be completed by 8/31/2022; experts designated and Rule 26 Reports exchanged by 9/15/22, rebuttals by 10/14/22; expert depositions to be completed by 11/30/22; dispositive Motions due by 12/16/2022, oppositions by 1/15/23. Final Pretrial Conference set for 3/30/2023 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. Jury Trial set for 4/10/2023 09:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton. Case to be referred to Mediation program: September, 2022. (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Schneider, Parks, Vincent, Zamaloff) (Lima, Christine) [Transferred from Massachusetts on 2/4/2022.]
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Filing 33
CERTIFICATION pursuant to Local Rule 16.1 . (Schneider, William) [Transferred from Massachusetts on 2/4/2022.]
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Filing 32
REPLY to Response to #13 MOTION to Change Venue [Leave to File Granted 01-04-2022] filed by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC. (Vincent, Brenton) [Transferred from Massachusetts on 2/4/2022.]
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Filing 31
Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #27 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; granting #28 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lima, Christine) [Transferred from Massachusetts on 2/4/2022.]
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Filing 30
CERTIFICATION pursuant to Local Rule 16.1 (d)(3) by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC.(Vincent, Brenton) [Transferred from Massachusetts on 2/4/2022.]
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Filing 29
JOINT STATEMENT re scheduling conference . (Schneider, William) [Transferred from Massachusetts on 2/4/2022.]
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Filing 28
MOTION for Leave to File Reply in Support of Motion to Transfer Venue by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC. (Attachments: #1 Exhibit 1 - Proposed Reply Brief)(Vincent, Brenton) [Transferred from Massachusetts on 2/4/2022.]
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Filing 27
MOTION for Leave to File Reply in Support of Motion to Remand by First State Insurance Company.(Schneider, William) [Transferred from Massachusetts on 2/4/2022.]
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Filing 26
NOTICE of Appearance by Olivia Griffin Bushman on behalf of First State Insurance Company (Bushman, Olivia) [Transferred from Massachusetts on 2/4/2022.]
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Filing 25
NOTICE of Appearance by Edward Parks, II on behalf of First State Insurance Company (Parks, Edward) [Transferred from Massachusetts on 2/4/2022.]
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Filing 24
MEMORANDUM in Opposition re #14 MOTION to Remand to State Court filed by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC. (Attachments: #1 Exhibit 1 - Declaration of Michael Dreller)(Vincent, Brenton) [Transferred from Massachusetts on 2/4/2022.]
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Filing 23
Opposition re #13 MOTION to Change Venue Under 28 USC sect. 1404(a) filed by First State Insurance Company. (Schneider, William) [Transferred from Massachusetts on 2/4/2022.]
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Filing 22
Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #20 Motion for Leave to Appear Pro Hac Vice Added Edward B. Parks, II. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) [Transferred from Massachusetts on 2/4/2022.]
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Filing 21
Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #19 Motion for Leave to Appear Pro Hac Vice Added Olivia G. Bushman. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) [Transferred from Massachusetts on 2/4/2022.]
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Filing 20
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Edward B. Parks, II Filing fee: $ 100, receipt number AMADC-9081744 by First State Insurance Company. (Attachments: #1 Exhibit A)(Schneider, William) [Transferred from Massachusetts on 2/4/2022.]
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Filing 19
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Olivia G. Bushman Filing fee: $ 100, receipt number AMADC-9081705 by First State Insurance Company. (Attachments: #1 Exhibit A)(Schneider, William) [Transferred from Massachusetts on 2/4/2022.]
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Filing 18
NOTICE of Appearance by Brenton Vincent on behalf of X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC (Vincent, Brenton) [Transferred from Massachusetts on 2/4/2022.]
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Filing 17
STATE COURT Record X-L-Co, Inc summons served on 10/27/2021, answer due 11/17/2021; XTRA Corporation summons served on 10/27/2021, answer due 11/17/2021; XTRA Intermodal, Inc summons served on 10/27/2021, answer due 11/17/2021; XTRA LLC summons served on 10/27/2021, answer due 11/17/2021.. (Zamaloff, Matthew) [Transferred from Massachusetts on 2/4/2022.]
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Filing 16
Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #15 Motion for Leave to Appear Pro Hac Vice Added Brent W. Vincent. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Warnock, Douglas) [Transferred from Massachusetts on 2/4/2022.]
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Filing 15
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Brent W. Vincent Filing fee: $ 100, receipt number AMADC-9078581 by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC. (Attachments: #1 Exhibit Exhibit A)(Zamaloff, Matthew) [Transferred from Massachusetts on 2/4/2022.]
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Filing 14
MOTION to Remand to State Court by First State Insurance Company. (Attachments: #1 Exhibit 1)(Schneider, William) [Transferred from Massachusetts on 2/4/2022.]
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Filing 13
MOTION to Change Venue by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC. (Attachments: #1 Defendants' Memorandum in Support of Motion to Transfer Venue Under 28 U.S.C. 1404(a) to the Southern District of Illinois, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3)(Zamaloff, Matthew) [Transferred from Massachusetts on 2/4/2022.]
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Filing 12
NOTICE of Scheduling Conference Scheduling Conference, to be held by telephone, set for 1/7/2022 11:00 AM in Remote Proceeding : Boston before Judge Nathaniel M. Gorton. (Lima, Christine) [Transferred from Massachusetts on 2/4/2022.]
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Filing 11
ANSWER to Complaint with Affirmative Defenses by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC.(Zamaloff, Matthew) [Transferred from Massachusetts on 2/4/2022.]
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Filing 10
Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Perez, Isabella) [Transferred from Massachusetts on 2/4/2022.]
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Filing 9
ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Case randomly assigned due to 14-14010-ADB has bee closed for over two years) (Finn, Mary) [Transferred from Massachusetts on 2/4/2022.]
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Filing 8
EXHIBIT re #7 Notice of Removal, Corrected Exhibit No. 4 by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC. (Sommerville, Michael) [Transferred from Massachusetts on 2/4/2022.]
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Filing 7
NOTICE OF REMOVAL by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC ( Filing fee: $ 402, receipt number AMADC-9056343 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet Civil Cover Sheet, #7 Civil Cover Sheet Category Sheet)(Sommerville, Michael) [Transferred from Massachusetts on 2/4/2022.]
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Filing 6
CORPORATE DISCLOSURE STATEMENT by XTRA LLC identifying Corporate Parent Xtra Corporation, Corporate Parent XTRA Companies, Inc. for XTRA LLC.. (Sommerville, Michael) [Transferred from Massachusetts on 2/4/2022.]
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Filing 5
CORPORATE DISCLOSURE STATEMENT by X-L-Co, Inc identifying Corporate Parent XTRA LLC for X-L-Co, Inc.. (Sommerville, Michael) [Transferred from Massachusetts on 2/4/2022.]
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Filing 4
CORPORATE DISCLOSURE STATEMENT by XTRA Intermodal, Inc identifying Corporate Parent XTRA LLC for XTRA Intermodal, Inc.. (Sommerville, Michael) [Transferred from Massachusetts on 2/4/2022.]
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Filing 3
CORPORATE DISCLOSURE STATEMENT by XTRA Corporation identifying Corporate Parent Berkshire Hathaway, Inc. for XTRA Corporation.. (Sommerville, Michael) [Transferred from Massachusetts on 2/4/2022.]
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Filing 2
NOTICE of Appearance by Michael Sommerville on behalf of X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC (Cetrulo, Lawrence). Modified docket text on 11/16/2021 to correct attorney making appearance. (Perez, Isabella). [Transferred from Massachusetts on 2/4/2022.]
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Filing 1
NOTICE of Appearance by Matthew J. Zamaloff on behalf of X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC (Cetrulo, Lawrence) Modified docket text on 11/16/2021 to correct attorney making appearance. (Perez, Isabella). [Transferred from Massachusetts on 2/4/2022.]
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