CAI Rail, Inc. v. Badger Mining Corporation
| CAI Rail, Inc. and Infinity Transportation 2020-1 LLC |
| Badger Mining Corporation |
| 1:2020cv04644 |
| June 17, 2020 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Lorna G Schofield |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 52 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Badger Mining Corporation and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Infinity Transportation 2020-1 LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Simms, J.) |
| Filing 51 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Badger Mining Corporation and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Infinity Transportation 2020-1 LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Simms, J.) Modified on 3/3/2021 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney J Simms. RE-FILE Document No. #51 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) |
Filing 50
OPINION AND ORDER re: #23 MOTION for Partial Summary Judgment . filed by CAI Rail, Inc., #40 MOTION for Partial Summary Judgment on Counts I, II, III, IV. filed by CAI Rail, Inc.. For the reasons stated above, CAI Rail's First Motion for Partial Summary Judgment is granted and its Second Motion for Partial Summary Judgment is denied. By March 3, 2021, CAI Rail is ordered to show cause why its claims for conversion (Count II), specific performance (Count III), and trespass (Count IV) should not be dismissed. The Clerk of the Court is respectfully directed to terminate the motions pending at Docket Numbers 23 and 40. SO ORDERED. (Signed by Judge John P. Cronan on 2/22/2021) (ks)
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Filing 49
MEMO ENDORSEMENT on ORDER GRANTING UNOPPOSED MOTION TO SUBSTITUTE INFINITY TRANSPORTATION 2020-1, LLC AS PLAINTIFF IN SUBSTITUTION OF CAI RAIL: granting #47 Motion to Substitute Party. ENDORSEMENT: SO ORDERED. Infinity Transportation 2020-1 LLC added. CAI Rail, Inc. terminated. (Signed by Judge John P. Cronan on 2/01/2021) (ama)
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| Filing 48 PROPOSED ORDER. Document filed by CAI Rail, Inc.. Related Document Number: #47 ..(Simms, J.) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 47 MOTION to Substitute Party. Old Party: CAI Rail, Inc., New Party: Infinity Transportation 2020-1, LLC Unopposed Motion to Substitute Party. Document filed by CAI Rail, Inc.. (Attachments: #1 Text of Proposed Order).(Simms, J.) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #48 Proposed Order was reviewed and approved as to form. (km) |
| Filing 46 REPLY MEMORANDUM OF LAW in Support re: #40 MOTION for Partial Summary Judgment on Counts I, II, III, IV. . Document filed by CAI Rail, Inc.. (Attachments: #1 Exhibit A - Badger Admissions).(Simms, J.) |
| Filing 45 COUNTER STATEMENT TO #42 Rule 56.1 Statement. Document filed by Badger Mining Corporation..(Konkel, David) |
| Filing 44 MEMORANDUM OF LAW in Opposition re: #40 MOTION for Partial Summary Judgment on Counts I, II, III, IV. . Document filed by Badger Mining Corporation..(Konkel, David) |
| Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on November 17, 2020. Leave to file third motion for summary judgment is denied. Parties are to advise the Court if they request a referral to the assigned Magistrate Judge for a settlement conference or to the Court-annexed mediation program. (No Court Reporter Present) (mhe) |
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Filing 43
MEMO ENDORSEMENT re: #39 Letter filed by Badger Mining Corporation. ENDORSEMENT: It is hereby ORDERED that the parties shall appear for a teleconference on November 17, 2020 at 12:00 p.m. to discuss Plaintiff's anticipated third partial motion for summary judgment. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. (Telephone Conference set for 11/17/2020 at 12:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 11/10/2020) (nb)
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| Filing 42 RULE 56.1 STATEMENT. Document filed by CAI Rail, Inc.. (Attachments: #1 Exhibit 1 - Badger RRFAs, #2 Exhibit 2 - Hearing transcript).(Simms, J.) |
| Filing 41 MEMORANDUM OF LAW in Support re: #40 MOTION for Partial Summary Judgment on Counts I, II, III, IV. . Document filed by CAI Rail, Inc.. (Attachments: #1 Affidavit in Support, #2 Exhibit A to Affidavit).(Simms, J.) |
| Filing 40 MOTION for Partial Summary Judgment on Counts I, II, III, IV. Document filed by CAI Rail, Inc...(Simms, J.) |
| Filing 39 LETTER addressed to Judge John P. Cronan from David R. Konkel dated 11/06/2020 re: response to CAI Rail's 11-3-2020 request for a pre-motion conference [Dkt. 38]. Document filed by Badger Mining Corporation..(Konkel, David) |
| Filing 38 LETTER addressed to Judge John P. Cronan from J. Stephen Simms dated 11/03/2020 re: Pre-motion Conference. Document filed by CAI Rail, Inc...(Simms, J.) |
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Filing 37
ORDER terminating #26 Letter Motion for Conference. The Court hereby finds that a pre-motion conference is not necessary, and Plaintiff may proceed in filing the Motion for Partial Summary Judgment. Plaintiff's motion papers are due by November 10, 2020. Defendant's opposition papers are due by November 24, 2020. Plaintiff's reply papers are due December 4, 2020. The Clerk of the Court is respectfully directed to terminate the motion pending at document number 26. SO ORDERED. (Signed by Judge John P. Cronan on 10/28/20) (yv) Modified on 11/10/2020 (yv).
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| Set/Reset Deadlines: Motions due by 11/10/2020. Responses due by 11/24/2020. Replies due by 12/4/2020. (yv) |
| Filing 36 STATUS REPORT. Joint Status Letter Document filed by CAI Rail, Inc...(Simms, J.) |
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Filing 35
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any currently scheduled conference or oral argument before this Court is adjourned pending further order of this Court, but any conference or oral argument before the Magistrate Judge will proceed as ordered. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter, described below, updating the Court on the status of the case. The joint letter shall not exceed five (5) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs as further set forth in this Order. SO ORDERED. (Signed by Judge John P. Cronan on 10/9/2020) (ks)
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| Filing 34 REPLY MEMORANDUM OF LAW in Support re: #23 MOTION for Partial Summary Judgment . . Document filed by CAI Rail, Inc...(Simms, J.) |
| Filing 33 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from David R. Konkel dated September 30, 2020 re: #26 LETTER MOTION for Conference Request for a Pre-motion Conference for CAI Rail's Partial Summary Judgment Motion addressed to Judge Lorna G. Schofield from J. Stephen Simms dated September 24, 2020. . Document filed by Badger Mining Corporation..(Konkel, David) |
| NOTICE OF CASE REASSIGNMENT to Judge John Peter Cronan. Judge Lorna G. Schofield is no longer assigned to the case. (laq) |
| Filing 32 DECLARATION of Angelo LaMantia in Opposition re: #23 MOTION for Partial Summary Judgment .. Document filed by Badger Mining Corporation. (Attachments: #1 Exhibit A - May 15, 2020 letter, #2 Exhibit B - June 13, 2020 email, #3 Exhibit C - Email, #4 Exhibit D - Trace Report, #5 Exhibit E - Invoice dated 2020-05-31, #6 Exhibit F - Invoice dated 2020-06-30).(Konkel, David) |
| Filing 31 DECLARATION of David Konkel in Opposition re: #23 MOTION for Partial Summary Judgment .. Document filed by Badger Mining Corporation. (Attachments: #1 Exhibit A - CAI Rail's Rule 26 Initial Disclosures, #2 Exhibit B - CAI Rail's Responses to Badger's First Set of Inerrogatories, #3 Exhibit C - CAI Rail's Responses to Badger's First set of Requests, #4 Exhibit D - September 5, 2020 email).(Konkel, David) |
| Filing 30 COUNTER STATEMENT TO Document filed by Badger Mining Corporation..(Konkel, David) |
| Filing 29 MEMORANDUM OF LAW in Opposition re: #23 MOTION for Partial Summary Judgment . . Document filed by Badger Mining Corporation..(Konkel, David) |
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Filing 28
ORDER with respect to #26 Letter Motion for Conference. By September 30, 2020, Defendant shall file a letter response, not to exceed two pages. SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/25/2020) (kv)
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| Filing 27 STATUS REPORT. Document filed by CAI Rail, Inc...(Simms, J.) |
| Set/Reset Deadlines: Responses due by 9/30/2020 (kv) |
| Filing 26 LETTER MOTION for Conference Request for a Pre-motion Conference for CAI Rail's Partial Summary Judgment Motion addressed to Judge Lorna G. Schofield from J. Stephen Simms dated September 24, 2020. Document filed by CAI Rail, Inc...(Simms, J.) |
| Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/27/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 24 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/27/2020 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Lisa Smith, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/13/2020. Redacted Transcript Deadline set for 10/23/2020. Release of Transcript Restriction set for 12/21/2020..(McGuirk, Kelly) |
| Filing 23 MOTION for Partial Summary Judgment . Document filed by CAI Rail, Inc.. Responses due by 9/25/2020 (Attachments: #1 Supporting Memorandum, #2 Affidavit of James McGee Supporting Summary Judgment, #3 Exhibit A to McGee Aff.: Master Lease, #4 Exhibit A to McGee Aff.: Master Lease Schedule, #5 Exhibit B to McGee Aff.:Default Notice, #6 Exhibit C to McGee Aff.: Consultant Letter, #7 Exhibit D to McGee Aff.: Badger Restructure Proposal, #8 Exhibit E to McGee Aff.: Transponder Report of Rail Car Use, #9 LR 56.1 Material Facts Statement).(Simms, J.) |
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Filing 22
MEMO ENDORSEMENT on re: #21 Letter, filed by CAI Rail, Inc.. ENDORSEMENT: Application GRANTED. Plaintiff shall file any partial motion for summary judgment regarding the issue of liability for the alleged default of the subject lease, by September 4, 2020. Defendant shall file any opposition within twenty-one (21) days of Plaintiff's filing of a motion for summary judgment, and no later than September 25, 2020. Plaintiff shall file any reply within seven (7) days of Defendant's filing of an opposition, and no later than October 2, 2020. The motion and supporting papers shall comply with this Court's Individual Rules. SO ORDERED. ( Motions due by 9/4/2020., Responses due by 9/25/2020, Replies due by 10/2/2020.) (Signed by Judge Lorna G. Schofield on 8/31/2020) (kv)
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| Filing 21 LETTER addressed to Judge Lorna G. Schofield from J. Stephen Simms dated 8/28/2020 re: Response to the Court's Order Issued August 27, 2020 [ECF 20]. Document filed by CAI Rail, Inc.. (Attachments: #1 Attachment 1 - Trace report, #2 Attachment 2 - June 10, 2020 report).(Simms, J.) |
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Filing 20
ORDER: It is hereby ORDERED that by Tuesday, September 1, 2020, Plaintiff shall file a letter stating whether it intends to proceed with a motion for summary judgment and, if so, (1) stating the scope of the motion, (2) confirming Plaintiff's understanding that multiple summary judgment motions on the same subject matter (e.g., liability) will not be accepted and (3) proposing a briefing schedule agreed upon by the parties. The case management plan ("CMP") will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances, and that the use of any alternative dispute resolution mechanism does not stay or modify any date in the CMP. (Signed by Judge Lorna G. Schofield on 8/27/2020) (jca)
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Filing 19
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). Amended Pleadings due by 9/11/2020. Deposition due by 11/6/2020. All Fact Discovery due by 11/6/2020. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 1-2 days. By September 25, 2020 the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2. By November 20, 2020 the parties shall submit a joint status letter. A Pre-Motion Conference set for 11/20/2020 at 11:00 AM before Judge Lorna G. Schofield. And as set forth herein. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/27/2020) (ama)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 8/27/2020. (Court Reporter Present) (jcs) |
| Filing 18 JOINT PRE-CONFERENCE STATEMENT responding to the Courts July 14, 2020 Order [ECF 13] and in advance of the Courts August 27, 2020 10:40 a.m. conference. Document filed by CAI Rail, Inc.. (Attachments: #1 Draft Case Management Plan).(Simms, J.) |
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Filing 17
ORDER granting #14 Motion for David R. Konkel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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| Filing 16 MEMO ENDORSEMENT on re: #11 LETTER MOTION for Conference re: #10 Answer to Complaint, #1 Complaint - Request for Pre-Motion Conference Pursuant to Judge Schofield's Individual Civil Rules addressed to Judge Lorna G. Schofield from J. Stephen Simms dated July filed by CAI Rail, Inc. ENDORSEMENT: The parties are advised that Plaintiff's pre-motion letter will be addressed at the initial pretrial conference, on August 27, 2020. (Signed by Judge Lorna G. Schofield on 7/20/2020) (cf) |
| Filing 15 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Katherine Stadler and David Konkel dated July 17, 2020 re: #11 LETTER MOTION for Conference re: #10 Answer to Complaint, #1 Complaint - Request for Pre-Motion Conference Pursuant to Judge Schofield's Individual Civil Rules addressed to Judge Lorna G. Schofield from J. Stephen Simms dated July . Document filed by Badger Mining Corporation..(Stadler, Katherine) |
| Filing 14 MOTION for David R. Konkel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20699166. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Badger Mining Corporation. (Attachments: #1 Affidavit of David R. Konkel in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A to Affidavit - Certificate of Good Standing, #3 Text of Proposed Order).(Konkel, David) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for David R. Konkel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20699166. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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Filing 13
ORDER granting #11 Letter Motion for Conference Initial Conference set for 8/27/2020 at 10:40 AM before Judge Lorna G. Schofield. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/14/2020) (cf) Modified on 7/29/2020 (cf).
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Filing 12
ORDER with respect to #11 Letter Motion for Conference: Defendant shall file a letter response to Plaintiff's letter motion by July 17, 2020, pursuant to this Court's Individual Rule III.A.1. The parties are reminded to comply with this Court's Individual Rules when filing letter motions, including the page limit. (Signed by Judge Lorna G. Schofield on 7/13/2020) (jwh)
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| Set/Reset Deadlines as to #11 LETTER MOTION for Conference: Responses due by 7/17/2020 (jwh) |
| Filing 11 LETTER MOTION for Conference re: #10 Answer to Complaint, #1 Complaint - Request for Pre-Motion Conference Pursuant to Judge Schofield's Individual Civil Rules addressed to Judge Lorna G. Schofield from J. Stephen Simms dated July 10, 2020. Document filed by CAI Rail, Inc.. (Attachments: #1 Draft Summary Judgment Motion, #2 Draft Memorandum Supporting Summary Judgment, #3 Affidavit of Jams McGee, #4 Draft material facts statement).(Simms, J.) |
| Filing 10 ANSWER to #1 Complaint. Document filed by Badger Mining Corporation..(Stadler, Katherine) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent North Cliff Corporation for Badger Mining Corporation. Document filed by Badger Mining Corporation..(Stadler, Katherine) |
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Filing 8
ORDER granting #5 Motion for J. Stephen Simms to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. Badger Mining Corporation served on 6/19/2020, answer due 7/10/2020. Service was accepted by Lynn Sweep, Person in Charge of Benefits. Document filed by CAI Rail, Inc...(Simms, J.) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for J. Stephen Simms to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Badger Mining Corporation..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Pro Hac Vice Fee Payment: for #5 MOTION for J. Stephen Simms to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-20319178..(Simms, J.) |
| Case Designated ECF. (pc) |
| Filing 5 MOTION for J. Stephen Simms to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CAI Rail, Inc.. (Attachments: #1 Affidavit of J. Stephen Simms in Support of PHV Motion, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Simms, J.) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Badger Mining Corporation, re: #1 Complaint. Document filed by CAI Rail, Inc...(Simms, J.) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CAI International, Inc. for CAI Rail, Inc.. Document filed by CAI Rail, Inc...(Simms, J.) |
| Filing 2 CIVIL COVER SHEET filed..(Simms, J.) |
| Filing 1 COMPLAINT against Badger Mining Corporation. (Filing Fee $ 400.00, Receipt Number ANYSDC-20299058)Document filed by CAI Rail, Inc...(Simms, J.) |
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