Butler et al v. A.W. Chesterton Company et al
David Butler and Kathy Butler |
BWDAC, Inc., CBS Corporation, Industrial Holdings Corporation, Morse Tec LLC, A.W. Chesterton Company, Allied Paint & Wallpaper Company, Inc., Brand Insulations, Inc, BWD Automotive Corporation, Carlisle Industrial Brake & Friction, Inc., Case New Holland Industrial, Inc., Caterpillar Inc., Viacom Inc. sucessor-by-merger to CBS Corporation, a Pennsylvania corporation, Westinghouse Electric Corporation, Cleaver-Brooks, Inc., CNH Industrial America LLC, Crane Co., Crown Cork & Seal Company, Inc., Cummins, Inc., Daimler Trucks North America LLC, Deere & Company, Eaton Corporation, Ford Motor Company, Foster Wheeler Energy Corporation, General Electric Company, General Gasket Corporation, Hercules, LLC, The Carborundum Company, J.P. Bushnell Packaging, John Crane, Inc., Kelly Moore Paint Company Inc., Mack Trucks Inc., McKesson Corporation, Missouri Drywall Supply Inc., Borgwarner Morse Tec LLC and Successor-by-Merger to Borg-Warner Corporation, Navistar Inc., Oshkosh Corporation, PACCAR Inc., Pneumo Abex LLC, Riley Stoker Corporation, Union Carbide Corporation, Volvo Group North America Inc. and Western Auto Supply Company |
4:2022cv00963 |
September 14, 2022 |
US District Court for the Eastern District of Missouri |
Henry Edward Autrey |
Tort Product Liability |
28 U.S.C. § 1331 Fed. Question |
Defendant |
Docket Report
This docket was last retrieved on April 10, 2023. A more recent docket listing may be available from PACER.
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Filing 119 Petitioners' NOTICE OF Dismissal by All Plaintiffs (Murrie, Andrew) Modified on 4/7/2023 (HMA). |
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Filing 117 *FILED IN ERROR, DOCUMENT REMOVED* ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation. The ADR conference(s) shall be concluded by November 18, 2022, unless extended by order of the Court. Designation of Lead Counsel: Ryan Mahoney. Not later than October 24, 2022, lead counsel shall notify the clerk of the agreed choice of neutral selected by the parties and the date, time and location of the initial ADR Conference (see Designation of Neutral/ADR Conference Report form, |
Filing 116 NOTICE of Voluntary Dismissal by All Plaintiffs (Murrie, Andrew) |
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Filing 104 NOTICE of Voluntary Dismissal by All Plaintiffs (Murrie, Andrew) |
Filing 103 NOTICE of Voluntary Dismissal by All Plaintiffs (Murrie, Andrew) |
Filing 102 NOTICE of Voluntary Dismissal by All Plaintiffs (Murrie, Andrew) |
Filing 101 NOTICE of Voluntary Dismissal by All Plaintiffs (Murrie, Andrew) |
Filing 100 NOTICE of Voluntary Dismissal by All Plaintiffs (Murrie, Andrew) |
Filing 99 NOTICE of Voluntary Dismissal by All Plaintiffs (Murrie, Andrew) |
Filing 98 NOTICE of Voluntary Dismissal by David Butler, Kathy Butler (Murrie, Andrew) |
Filing 97 NOTICE of Voluntary Dismissal by All Plaintiffs (Murrie, Andrew) |
Filing 96 NOTICE of Voluntary Dismissal by All Plaintiffs (Murrie, Andrew) |
Filing 95 NOTICE of Voluntary Dismissal by David Butler, Kathy Butler (Murrie, Andrew) |
Filing 94 Petitioners' NOTICE of Voluntary Dismissal by All Plaintiffs (Murrie, Andrew) |
Filing 93 ENTRY of Appearance by Andrew S. Murrie for Plaintiffs David Butler, Kathy Butler. (Murrie, Andrew) |
Filing 92 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Morse Tec LLC, Enstar Holdings (US) LLC, a wholly owned indirect subsidiary of Enstar Group Limited, Enstar USA, Inc.(Ballou, Dyanna) Modified on 9/27/2022 (CBL). |
Filing 91 ENTRY of Appearance by Dyanna Ballou for Defendant Morse Tec LLC. (Ballou, Dyanna) |
Filing 90 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant PACCAR Inc.. No corporate parents or affiliates identified. (Crapo, Mark) |
Filing 89 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Cummins, Inc.. No corporate parents or affiliates identified. (Lindsey, Nathan) |
Filing 88 ENTRY of Appearance by Nathan Asher Lindsey for Defendant Cummins, Inc.. (Lindsey, Nathan) |
Filing 87 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Eaton Corporation, Eaton Corporation, plc (Ireland).. (Ballou, Dyanna) |
Filing 86 ENTRY of Appearance by Dyanna Ballou for Defendant Eaton Corporation. (Ballou, Dyanna) |
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Filing 83 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Carlisle Industrial Brake & Friction, Inc., Carlisle, LLC, Carlisle Companies, Inc... (Anderson, Charles) |
Filing 82 MOTION to Withdraw Appearance of Attorney James Grabowski by Defendant Daimler Trucks North America LLC. (Stephens, Robert) |
Filing 81 MOTION to Withdraw Appearance of Attorney April Vesely by Defendant Western Auto Supply Company. (Stephens, Robert) |
Filing 80 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Western Auto Supply Company, Advance Auto Parts, Inc... (Stephens, Robert) |
Filing 79 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Daimler Trucks North America LLC, Daimler Truck & Buses US Holdings, LLC, Daimler Truck AG.. (Stephens, Robert) |
Filing 78 ENTRY of Appearance by Robert W. Stephens for Defendant Daimler Trucks North America LLC. (Stephens, Robert) |
Filing 77 ENTRY of Appearance by Robert W. Stephens for Defendant Western Auto Supply Company. (Stephens, Robert) |
Filing 76 MEMORANDUM in Support of Motion re #75 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs First Amended Petition for Lack of Personal Jurisdiction and/or for Failure to State a Claim Pursuant to Fed.R.CIV.P.12(b) filed by Defendant General Electric Company. (Attachments: #1 Exhibit A to it's Memorandum in Support)(Meyer, Julie) |
Filing 75 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs First Amended Petition for Lack of Personal Jurisdiction and/or for Failure to State a Claim Pursuant to Fed.R.CIV.P.12(b) by Defendant General Electric Company. (Meyer, Julie) |
Filing 74 ENTRY of Appearance by Julie Fix Meyer for Defendant General Electric Company. (Meyer, Julie) |
Filing 73 MEMORANDUM in Support of Motion re #72 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs First Amended Petition for Lack of Personal Jurisdiction and/or for Failure to State a Claim Pursuant to Fed.R.CIV.P.12(b) filed by Defendant Crane Co.. (Attachments: #1 Exhibit A to it's Memorandum in Support)(Meyer, Julie) |
Filing 72 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs First Amended Petition for Lack of Personal Jurisdiction and/or for Failure to State a Claim Pursuant to Fed.R.CIV.P.12(b) by Defendant Crane Co.. (Meyer, Julie) |
Filing 71 ENTRY of Appearance by Julie Fix Meyer for Defendant Crane Co.. (Meyer, Julie) |
Filing 70 MEMORANDUM in Support of Motion re #69 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs First Amended Petition for Lack of Personal Jurisdiction and/or for Failure to State a Claim Pursuant to Fed.R.CIV.P.12(b) filed by Defendant Hercules, LLC. (Attachments: #1 Exhibit to Memorandum in Support)(Meyer, Julie) |
Filing 69 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs First Amended Petition for Lack of Personal Jurisdiction and/or for Failure to State a Claim Pursuant to Fed.R.CIV.P.12(b) by Defendant Hercules, LLC. (Meyer, Julie) |
Filing 68 ENTRY of Appearance by Julie Fix Meyer for Defendant Hercules, LLC. (Meyer, Julie) |
Filing 67 NOTICE Filing: by Defendant Oshkosh Corporation Notice of Removal filed with St. Louis City Circuit Court of Missouri on the 14th day of September, 2022 (Mangelsdorf, Sarah) |
Filing 66 Electronic Notice - Application for Admission needed as to April A. Vesely. Review of case shows that Attorney April A. Vesely is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (JWD) |
Filing 65 Electronic Notice - Application for Admission needed as to Leo C. Chmielewski. Review of case shows that Attorney Leo C. Chmielewski is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (JWD) |
Filing 64 Electronic Notice - Application for Admission needed as to Kent L. Plotner. Review of case shows that Attorney Kent L. Plotner is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (JWD) |
Filing 63 Electronic Notice - Application for Admission needed as to Mary G. Sullivan. Review of case shows that Attorney Mary G. Sullivan is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (JWD) |
Filing 62 Electronic Notice - Application for Admission needed as to Curtis R. Picou. Review of case shows that Attorney Curtis R. Picou is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (JWD) |
Filing 61 Electronic Notice - Application for Admission needed as to Cary Allen Press. Review of case shows that Attorney Cary Allen Press is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (JWD) |
Filing 60 Electronic Notice - Application for Admission needed as to Bryan D. Nicholson. Review of case shows that Attorney Bryan D. Nicholson is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (JWD) |
Filing 59 Electronic Notice - Application for Admission needed as to Alex C. Riley. Review of case shows that Attorney Alex C. Riley is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (JWD) |
Filing 58 Electronic Notice - Application for Admission needed as to Sarah E. Schwartz. Review of case shows that Attorney Sarah E. Schwartz is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (JWD) |
Filing 57 Electronic Notice - Application for Admission needed as to Matthew J. Fischer. Review of case shows that Attorney Matthew J. Fischer is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (JWD) |
Filing 56 Electronic Notice - Application for Admission needed as to James R. Grabowski. Review of case shows that Attorney James R. Grabowski is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (JWD) |
Filing 55 Electronic Notice - Application for Admission needed as to Dillon B. Williams. Review of case shows that Attorney Dillon B. Williams is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (JWD) |
Filing 54 Electronic Notice - Application for Admission needed as to Julie A. Simaytis. Review of case shows that Attorney Julie A. Simaytis is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (JWD) |
Filing 53 Electronic Notice - Application for Admission needed as to John E. Richardson, Jr. Review of case shows that Attorney John E. Richardson, Jr is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (JWD) |
Case Opening Notification. Judge Assigned: Honorable Henry Edward Autrey. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate within 10 days of the filing of the first pleading or entry of appearance # (moed-0001.pdf). (JWD) |
Filing 52 MOTION to Dismiss First Amended Petition for Lack of Personal Jurisdiction, and for Failure to State a Claim, or in the Alternative, MOTION for More Definite Statement by Defendant Oshkosh Corporation. (JWD) |
Filing 51 OBJECTION to Personal Jurisdiction and MOTION to Dismiss Petitioners' First Amended Petition by Defendant BWDAC, Inc. (JWD) |
Filing 50 MOTION to Dismiss Plaintiff's First Amended Petition by Defendant Hercules, LLC. (JWD) |
Filing 49 MOTION to Dismiss Plaintiffs' First Amended Petition, or in the Alternative, MOTION for More Definite Statement by Defendant Missouri Drywall Supply Inc. (JWD) |
Filing 48 MOTION to Dismiss Plaintiffs' First Amended Petition, or in the Alternative, MOTION for More Definite Statement by Defendant John Crane, Inc.. (JWD) |
Filing 47 MOTION to Dismiss Petitioners' First Amended Petition, or Alternatively, MOTION for More Definite Statement by Defendant J.P. Bushnell Packaging. (JWD) |
Filing 46 MOTION to Dismiss for Lack of Jurisdiction by Defendant PACCAR Inc.. (JWD) |
Filing 45 MOTION to Dismiss Plaintiffs' First Amended Petition, or in the Alternative, MOTION for More Definite Statement by Defendant Brand Insulations, Inc. (JWD) |
Filing 44 MOTION to Dismiss Plaintiff's First Amended Petition, or in the Alternative, MOTION for More Definite Statement by Defendant Pneumo Abex LLC. (JWD) |
Filing 43 MOTION to Dismiss First Amended Petition for Lack of Jurisdiction and Suggestions in Support by Defendant Mack Trucks Inc. (JWD) |
Filing 42 MOTION to Dismiss First Amended Petition for Lack of Jurisdiction and Suggestions in Support by Defendant Volvo Group North America Inc.. (JWD) |
Filing 41 OBJECTION to Personal Jurisdiction and MOTION to Dismiss Plaintiff's First Amended Petition by Defendant Western Auto Supply Company. (JWD) |
Filing 40 MOTION Pursuant to Supreme Court Rule 55.27(d), Motion for More Definite Statement, Motion for Judgment on the Pleadings, MOTION to Strike, MOTION Motion to Dismiss, Motion Pursuant to Supreme Court Rule 55.27(f) "Consolidation of Defenses Motion" Directed to Plaintiff's First Amended Petition by Defendant Industrial Holdings Corporation. (Attachments: #1 Exhibit A Order)(JWD) |
Filing 39 MEMORANDUM in Support of Motion re #38 MOTION to Dismiss, or in the Alternative, MOTION for More Definite Statement Directed to Plaintiff's First Amended Petition by Defendant Ford Motor Company. (JWD) |
Filing 38 MOTION to Dismiss, or in the Alternative, MOTION for More Definite Statement Directed to Plaintiff's First Amended Petition by Defendant Ford Motor Company. (Attachments: #1 Exhibit A Form 10-K)(JWD) |
Filing 37 MOTION to Dismiss for Lack of Jurisdiction by Defendant Hercules, LLC. (JWD) |
Filing 36 MOTION to Dismiss Plaintiff's Petition by Defendant Crane Co. (JWD) |
Filing 35 MOTION to Dismiss for Lack of Jurisdiction by Defendant General Electric Company. (JWD) |
Filing 34 MOTION to Dismiss Plaintiff's Petition by Defendant General Electric Company. (JWD) |
Filing 33 MOTION to Dismiss, or in the Alternative, MOTION for More Definite Statement by Defendant Riley Stoker Corporation. (JWD) |
Filing 32 MOTION to Dismiss, or in the Alternative, MOTION for More Definite Statement by Defendant McKesson Corporation. (JWD) |
Filing 31 MOTION to Dismiss PLaintiff's Petition, or in the Alternative, MOTION for More Definite Statement by Defendant Daimler Trucks North America LLC. (JWD) |
Filing 30 MOTION to Dismiss for Lack of Jurisdiction by Defendant Cummins, Inc.. (Attachments: #1 Exhibit A Petition, #2 Exhibit B Affidavit, #3 Exhibit C Order)(JWD) |
Filing 29 MOTION to Transfer Venue, or in the Alternative, MOTION to Make More Definite and Certain by Defendant Western Auto Supply Company. (JWD) |
Filing 28 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, or, in the Alternative, to Transfer Venue, or in the Alternative, for More Definite Statement and to Extend Time to File or Amend Motion to Transfer Venue by Defendant Carlisle Industrial Brake & Friction, Inc.. (JWD) |
Filing 27 MEMORANDUM in Support of Motion re #26 MOTION to Dismiss Plaintiff's First Amended Petition, or Alternatively, Motion for More Definite Statement, or to Strike, or Transfer Venue filed by Defendant CNH Industrial America LLC. (JWD) |
Filing 26 MOTION to Dismiss Plaintiff's First Amended Petition, or Alternatively, Motion for More Definite Statement, or to Strike, or Transfer Venue by Defendant CNH Industrial America LLC. (JWD) |
Filing 25 MEMORANDUM in Support of Motion re #24 MOTION to Dismiss Plaintiff's First Amended Petition, or Alternatively, Motion for More Definite Statement, or to Strike, or Transfer Venue filed by Defendant Case New Holland Industrial, Inc.. (JWD) |
Filing 24 MOTION to Dismiss Plaintiff's First Amended Petition, or Alternatively, Motion for More Definite Statement, or to Strike, or Transfer Venue by Defendant Case New Holland Industrial, Inc. (JWD) |
Filing 23 MOTION to Dismiss First Amended Petition by Defendant Caterpillar Inc.. (JWD) |
Filing 22 ANSWER to Complaint (Notice of Removal) #13 Amended Petition (Removal/Transfer) filed by Defendant Oshkosh Corporation. (JWD) |
Filing 21 ANSWER to Complaint (Notice of Removal) #13 Amended Petition (Removal/Transfer) filed by Defendant Deere & Company. (JWD) |
Filing 20 ANSWER to Complaint (Notice of Removal) #13 Amended Petition (Removal/Transfer), #15 Answer to Complaint (Notice of Removal Case ONLY) filed by Defendant BWDAC, Inc.. (JWD) |
Filing 19 ANSWER to Complaint (Notice of Removal) #13 Amended Petition (Removal/Transfer) filed by Defendant General Gasket Corporation. (JWD) |
Filing 18 ANSWER to Complaint (Notice of Removal) #13 Amended Petition (Removal/Transfer) filed by Defendant Cummins, Inc.. (JWD) |
Filing 17 ANSWER to Complaint (Notice of Removal) #13 Amended Petition (Removal/Transfer) filed by Defendant J.P. Bushnell Packaging. (JWD) |
Filing 16 ANSWER to Complaint (Notice of Removal) #13 Amended Petition (Removal/Transfer) filed by Defendant Morse Tec LLC. (JWD) |
Filing 15 ANSWER to Complaint (Notice of Removal) #13 Amended Petition (Removal/Transfer) filed by Defendant Eaton Corporation. (JWD) |
Filing 14 ANSWER to Complaint (Notice of Removal) #13 Amended Petition (Removal/Transfer) filed by Defendant Western Auto Supply Company. (JWD) |
Filing 13 First Amended Petition (Removal/Transfer) Received From: Circuit Court of the City of St. Louis, filed by Kathy Butler, David Butler.(JWD) |
Filing 12 ANSWER to Complaint (Notice of Removal) #5 Petition (Removal/Transfer) filed by Defendant BWDAC, Inc.. (JWD) |
Filing 11 ANSWER to Complaint (Notice of Removal) #5 Petition (Removal/Transfer) filed by Defendant J.P. Bushnell Packaging. (JWD) |
Filing 10 ANSWER to Complaint (Notice of Removal) #5 Petition (Removal/Transfer) filed by Defendant Eaton Corporation. (JWD) |
Filing 9 ANSWER to Complaint (Notice of Removal) #5 Petition (Removal/Transfer) filed by Defendant Morse Tec LLC. (JWD) |
Filing 8 ANSWER to Complaint (Notice of Removal) #5 Petition (Removal/Transfer) filed by Defendant Western Auto Supply Company. (JWD) |
Filing 7 ANSWER to Complaint (Notice of Removal) #5 Petition (Removal/Transfer) filed by Defendant CBS Corporation. (JWD) |
Filing 6 ANSWER to Complaint (Notice of Removal) #5 Petition (Removal/Transfer) filed by Defendant General Gasket Corporation. (JWD) |
Filing 5 Petition (Removal/Transfer) Received From: Circuit Court of the City of St. Louis, filed by Kathy Butler, David Butler.(JWD) |
Filing 4 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Oshkosh Corporation. BlackRock, Inc., Vanguard Group Inc, Aristotle Capital Managment, LLC. (Mangelsdorf, Sarah) |
Filing 3 NOTICE by Defendant Oshkosh Corporation of Removal to Plaintiff (Mangelsdorf, Sarah) |
Filing 2 ENTRY of Appearance by Sarah Beth Mangelsdorf for Defendant Oshkosh Corporation. (Mangelsdorf, Sarah) |
Filing 1 NOTICE OF REMOVAL from St. Louis City Circuit Court, case number 2222-CC00226, with receipt number AMOEDC-9504907, in the amount of $402 Jury Demand,, filed by Oshkosh Corporation. (Attachments: #1 Exhibit Exhibit 1 - Petition, #2 Exhibit Exhibit 2 - First Amended Petition, #3 Exhibit Exhibit 3 - Pltf Interrogatory Responses, #4 Exhibit Exhibit 4 - David Butler Depo Vol. 1, #5 Exhibit Exhibit 5 - David Butler Depo Vol. 2, #6 Exhibit Exhibit 6 - Oshkosh Corp Affidavit, #7 Exhibit Exhibit 7 - State Court File, #8 Exhibit Exhibit 8 - Original Filing Form, #9 Exhibit Exhibit 9 - Civil Cover sheet, #10 Exhibit Exhibit 10 - Pending Motions)(Mangelsdorf, Sarah) |
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