City of Miami General Employees' & Sanitation Employees' Retirement Trust v. Casey Jr. et al
| City of Miami General Employees & Sanitation Employees Retirement Trust |
| Donald M. Casey Jr., Dentsply Sirona Inc. and Jorge Gomez |
| El Paso Firemen & Policemen's Pension Fund, Wayne County Employees Retirement System and Louisiana Sheriff's Pension & Relief Fund |
| San Antonio Fire and Police Pension Fund and City of Birmingham Retirement and Relief System |
| 1:2023cv02910 |
| April 6, 2023 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Paul A Crotty |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 42
OPINION AND ORDER re: (9 in 1:22-cv-06339-JPC, 9 in 1:22-cv-06339-JPC) MOTION to Appoint Counsel . MOTION to Appoint City of Miami General Employees & Sanitation Employees Retirement Trust and Louisiana Sheriffs Pension & Relief Fund to serve as lead plaintiff(s) . filed by City of Miami General Employees & Sanitation Employees Retirement Trust, Louisiana Sheriffs Pension & Relief Fund, (13 in 1:22-cv-06339-JPC) MOTION to Appoint Counsel and for Appointment as Lead Plaintiff. filed by City of Birmingham Retirement and Relief System, El Paso Firemen & Policemens Pension Fund, Wayne County Employees Retirement System, (5 in 1:22-cv-06339-JPC, 5 in 1:22-cv-06339-JPC) MOTION to Appoint San Antonio Fire and Police Pension Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel Bleichmar Fonti & Auld LLP. filed by San Antonio Fire and Police Pension Fund. The Court therefore appoints Birmingham, El Paso, and Wayne County as Lead Plaintiffs and Robbins Geller as Lead Counsel in this case. Defendants shall confer with Lead Plaintiffs as to whether any party seeks a transfer of venue, and, if not, regarding a proposed schedule for any amendment to the Complaint and for Defendants' responses to the operative complaint. Furthermore, given that all parties consent, see San Antonio, Dkt. 57; City of Miami, Dkt. 41, the Clerk of Court is respectfully directed to consolidate case number 23 Civ. 2910 with case number 22 Civ. 6339. Lastly, the Clerk of Court is respectfully directed to lift the stay and to close the motions pending at Docket Numbers 5, 9, and 13 on the docket of case number 22 Civ. 6339. SO ORDERED. (Signed by Judge John P. Cronan on 6/1/2023) (jca)
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| CONSOLIDATED MEMBER CASE: Create association to 1:22-cv-06339-JPC.. (jca) |
| Filing 41 JOINT LETTER addressed to Judge John P. Cronan from David A. Rosenfeld dated 05/24/2023 re: Response to ECF 39 (Consolidation). Document filed by City of Birmingham Retirement and Relief System, City of Miami General Employees & Sanitation Employees Retirement Trust, El Paso Firemen & Policemen's Pension Fund, Louisiana Sheriff's Pension & Relief Fund, San Antonio Fire and Police Pension Fund, Wayne County Employees Retirement System..(Rosenfeld, David) |
| Filing 40 NOTICE of Filing in Response to Order re: #38 Order,. Document filed by City of Birmingham Retirement and Relief System, El Paso Firemen & Policemen's Pension Fund, Wayne County Employees Retirement System. (Attachments: #1 Exhibit Robbins Geller firm resume).(Rosenfeld, David) |
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Filing 39
ORDER By May 25, 2023, the parties, including all parties moving for appointment as Lead Plaintiff or Lead Plaintiffs, shall submit a joint letter informing the Court of whether any party objects to the consolidation of these two cases. In addition, because the briefing in City of Miami General Employees' & Sanitation Employees' Retirement Trust v. Casey, No. 23 Civ. 2910 (JPC), was submitted prior to the case's transfer from the Southern District of Ohio and therefore relies upon governing law in that District, the movants for appointment as Lead Plaintiff or Lead Plaintiffs in that case may submit supplemental briefing addressing governing law in this District, if they wish, by May 25, 2023. The movants are not required to submit any such briefing, however, and they should not submit papers that merely repeat the arguments made in the briefs already submitted. SO ORDERED. (Signed by Judge John P. Cronan on 5/18/2023) (jca)
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Filing 38
ORDER Movants City of Birmingham Retirement and Relief System, El Paso Firemen & Policemen's Pension Fund, and Wayne County Employees' Retirement System shall submit a firm resume for Robbins Geller Rudman & Dowd LLP by May 25, 2023. SO ORDERED. (Signed by Judge John P. Cronan on 5/18/2023) (jca)
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| NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Paul A. Crotty is no longer assigned to the case. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-06339-JPC. Notice of Assignment to follow. (vba) |
| Magistrate Judge Sarah L. Cave 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. (vba) |
| Filing 37 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:22-cv-06339. Document filed by San Antonio Fire and Police Pension Fund..(Bleichmar, Javier) |
| DOCKET ANNOTATION: Intervenor Plaintiff San Antonio Fire and Police Pension Fund is directed to file a Related Case Statement and provide a pdf copy via email to Judge Cronan's Chambers. Related Case Statement due by April 17, 2023. SO ORDERED.(dgo) |
| Filing 36 CASE TRANSFERRED IN from the United States District Court - District of Ohio Southern; Case Number: 2:22-cv-02371. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul A. Crotty. 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..(vba) |
| Magistrate Judge Stewart D. Aaron 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. (vba) |
| Case Designated ECF. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
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Filing 35
Order issued in that San Antonio's #15 Motion to Intervene and to Transfer Venue is GRANTED and Miami's #13 Motion to Transfer Venue is DENIED. The Clerk of Court is DIRECTED to TRANSFER this case to the Southern District of New York. Signed by Judge Sarah D. Morrison on 3/27/2023. (merc) Modified docket text on 3/27/2023 (sem). [Transferred from Ohio Southern on 4/6/2023.]
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| Case transferred to District of Southern District of New York.Case file and docket sheet sent Electronically. (sem) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 34 AMENDED DOCUMENT by Movants City of Birmingham Retirement and Relief System, El Paso Firemen & Policemen's Pension Fund, Wayne County Employees' Retirement System. . (Attachments: #1 Exhibit Order Staying Related Case) (Murray, Joseph) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 33 Clerk's Notice of Non-Compliance Local Rule 5.1 (c) re #32 Notice (Other) filed by City of Birmingham Retirement and Relief System, Wayne County Employees' Retirement System, El Paso Firemen & Policemen's Pension Fund. Non-Compliance Deadline due by 2/21/2023. (kk2) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 32 NOTICE by Movants City of Birmingham Retirement and Relief System, El Paso Firemen & Policemen's Pension Fund, Wayne County Employees' Retirement System of Order Staying Case in Related Case Pending in S.D.N.Y. (Attachments: #1 Exhibit Order Staying Related Case) (Murray, Joseph) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 31 REPLY to Response to Motion re #15 MOTION to Intervene MOTION to Change Venue and/or Dismiss and Opposition to City of Miami's Motion to Transfer filed by Movant San Antonio Fire and Police Pension Fund. (Attachments: #1 Declaration, #2 Ex. A to Declaration) (Chaney, John) [Transferred from Ohio Southern on 4/6/2023.] |
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Filing 30
NOTATION ORDER granting #19 , #20 , #21 Motions for Leave to Appear Pro Hac Vice of Javier Bleichmar, Nancy Kulesa, and Ross Shikowitz as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Chelsey M. Vascura on 9/12/2022. (kk2) [Transferred from Ohio Southern on 4/6/2023.]
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| Filing 29 NOTICE by Plaintiff City of Miami General Employees' & Sanitation Employees' Retirement Trust, Movant Louisiana Sheriffs' Pension & Relief Fund (Attachments: #1 Exhibit) (Camillus, John) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 28 REPLY to Response to Motion re #12 AMENDED DOCUMENT re #9 MOTION to Appoint Counsel and for Appointment of Lead Plaintiffs filed by Plaintiff City of Miami General Employees' & Sanitation Employees' Retirement Trust, Movant Louisiana Sheriffs' Pension & Relief Fund. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Camillus, John) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 27 REPLY to Response to Motion re #11 AMENDED DOCUMENT re #7 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff , #7 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by Movant San Antonio Fire and Police Pension Fund. (Chaney, John) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 26 REPLY to Response to Motion re #8 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by Movants City of Birmingham Retirement and Relief System, El Paso Firemen & Policemen's Pension Fund, Wayne County Employees' Retirement System. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Murray, Joseph) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 25 RESPONSE to Motion re #13 MOTION to Change Venue filed by Movants City of Birmingham Retirement and Relief System, El Paso Firemen & Policemen's Pension Fund, Wayne County Employees' Retirement System. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Murray, Joseph) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 24 RESPONSE to Motion re #15 MOTION to Intervene MOTION to Change Venue and/or Dismiss and Opposition to City of Miami's Motion to Transfer Defendants' Memorandum of Law in Opposition to Plaintiff City of Miami General Employees' & Sanitation Employees' Retirement Trust's Motion to Transfer Venue, And In Support of Non-Party San Antonio Fire and Police Pension Fund's Motion to Intervene and Dismiss or Transfer Venue filed by Defendant Dentsply Sirona Inc.. (Attachments: #1 Exhibit A-E) (Broz, Alycia) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 23 REPLY to Response to Motion re #15 MOTION to Intervene MOTION to Change Venue and/or Dismiss and Opposition to City of Miami's Motion to Transfer, #13 MOTION to Change Venue filed by Plaintiff City of Miami General Employees' & Sanitation Employees' Retirement Trust, Movant Louisiana Sheriffs' Pension & Relief Fund. (Camillus, John) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 22 NOTICE OF DEFICIENCY re #19 MOTION for Leave to Appear Pro Hac Vice (FILING FEE DUE) of Javier Bleichmar, #20 MOTION for Leave to Appear Pro Hac Vice (FILING FEE DUE) of Nancy Kulesa, #21 MOTION for Leave to Appear Pro Hac Vice (FILING FEE DUE) of Ross Shikowitz: The filing fee was not submitted with the motions. The fee can be paid #online. Please scroll down to the event called, Pay Fees Via Pay.gov to pay the required fees. Deficiency Deadline due by 9/8/2022. (kk2) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice (FILING FEE PAID Receipt No. 200000483) of Ross Shikowitz by Movant San Antonio Fire and Police Pension Fund. (Attachments: #1 Certificate of Good Standing) (Chaney, John) Modified filing fee status on 9/8/2022 (jlk). [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice (FILING FEE PAID Receipt No. 200000483) of Nancy Kulesa by Movant San Antonio Fire and Police Pension Fund. (Attachments: #1 Certificate of Good Standing) (Chaney, John) Modified filing fee status on 9/8/2022 (jlk). [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice (FILING FEE PAID Receipt No. 200000483) of Javier Bleichmar by Movant San Antonio Fire and Police Pension Fund. (Attachments: #1 Certificate of Good Standing) (Chaney, John) Modified fee status on 9/8/2022 (jlk). [Transferred from Ohio Southern on 4/6/2023.] |
| Notice of Correction re #18 Response in Opposition to Motion: Pursuant to a phone call from counsel John Chaney, the Clerk's Office has removed the statistical reply memorandum event from the docket that was filed earlier today in relation to San Antonio's Motion for appointment of lead counsel. This filing a memo contra to the competing motions only, and not a combined response and reply as the title suggests. Counsel states that he will file the actual reply in support within the time allotted by Rule. (kk2) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 18 RESPONSE in Opposition re #9 MOTION to Appoint Counsel and for Appointment of Lead Plaintiffs, #8 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff, #12 AMENDED DOCUMENT re #9 MOTION to Appoint Counsel and for Appointment of Lead Plaintiffs filed by Movant San Antonio Fire and Police Pension Fund. (Attachments: #1 Affidavit Declaration of Javier Bleichmar, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Exhibit D to Declaration, #6 Exhibit E to Declaration, #7 Exhibit F to Declaration) (Chaney, John) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 17 RESPONSE in Opposition re #7 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff ,& #8 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by Plaintiff City of Miami General Employees' & Sanitation Employees' Retirement Trust, Movant Louisiana Sheriffs' Pension & Relief Fund. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Camillus, John) Modified on 8/23/2022 to correct document links (kk2) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 16 RESPONSE in Opposition re #9 MOTION to Appoint Counsel and for Appointment of Lead Plaintiffs & #7 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by Movants City of Birmingham Retirement and Relief System, El Paso Firemen & Policemen's Pension Fund, Wayne County Employees' Retirement System. (Murray, Joseph) Modified on 8/23/2022 to correct document links (kk2) [Transferred from Ohio Southern on 4/6/2023.] |
| RESPONSE in Opposition re #13 MOTION to Change Venue filed by Movant San Antonio Fire and Police Pension Fund.SEE DOCKET #15 FOR DOCUMENT. This entry is being created to add the memorandum contra portion of the filing to the docket. (kk2) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 15 MOTION to Intervene , MOTION to Change Venue and/or Dismiss and Opposition to City of Miami's Motion to Transfer ( Responses due by 9/8/2022) by Movant San Antonio Fire and Police Pension Fund. (Attachments: #1 Text of Proposed Order) (Chaney, John) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 14 NOTICE of Filing re #13 MOTION to Change Venue by Movants City of Birmingham Retirement and Relief System, El Paso Firemen & Policemen's Pension Fund, Wayne County Employees' Retirement System (Attachments: #1 Exhibit Letter from H. Ross 8.16.22, #2 Exhibit Letter from D. Rosenfeld 8.17.22) (Murray, Joseph) Modified on 8/18/2022 to clarify text (kk2) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 13 MOTION to Change Venue by Plaintiff City of Miami General Employees' & Sanitation Employees' Retirement Trust, Movant Louisiana Sheriffs' Pension & Relief Fund. (Attachments: #1 Exhibit, #2 Text of Proposed Order) (Camillus, John) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 12 AMENDED DOCUMENT re #9 MOTION to Appoint Counsel and for Appointment of Lead Plaintiffs by Plaintiff City of Miami General Employees' & Sanitation Employees' Retirement Trust, Movant Louisiana Sheriffs' Pension & Relief Fund. (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit) (Camillus, John) Modified on 8/4/2022 to correct text & ECF filing event (kk2) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 11 AMENDED DOCUMENT re #7 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff by Movant San Antonio Fire and Police Pension Fund. (Attachments: #1 Declaration of Javier Bleichmar, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Exhibit D to Declaration, #6 Exhibit E to Declaration) (Chaney, John) Modified on 8/4/2022 to correct text and ECF filing event (kk2) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 10 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filings, docket #9 MOTION to Appoint Counsel and for Appointment of Lead Plaintiffs filed by City of Miami General Employees' & Sanitation Employees' Retirement Trust, Louisiana Sheriffs' Pension & Relief Fund and #7 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by San Antonio Fire and Police Pension Fund, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile all of dockets #9 MOTION to Appoint Counsel and for Appointment of Lead Plaintiffs and #7 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff as a text searchable document(s), using the "Amended Document" filing event, linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 8/4/2022. (kk2) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 9 **Motion is non-compliant with LR 5.1(c). See ECF No. #12 for corrected documents** - MOTION to Appoint Counsel and for Appointment of Lead Plaintiffs by Plaintiff City of Miami General Employees' & Sanitation Employees' Retirement Trust, Movant Louisiana Sheriffs' Pension & Relief Fund. (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit) (Camillus, John) Modified text on 8/4/2022 (kk2) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 8 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff by Movants City of Birmingham Retirement and Relief System, El Paso Firemen & Policemen's Pension Fund, Wayne County Employees' Retirement System. (Attachments: #1 Memorandum of Law in Support, #2 Declaration of Joseph F. Murray in Support, #3 Exhibit A - PSLRA Notice, #4 Exhibit B - Certifications, #5 Exhibit C - Estimate of losses, #6 Exhibit D - Joint Declaration, #7 Text of Proposed Order) (Murray, Joseph) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 7 **Motion is non-compliant with LR 5.1(c). See ECF No. #11 for corrected documents** - MOTION to Appoint Counsel and for Appointment as Lead Plaintiff by Movant San Antonio Fire and Police Pension Fund. (Attachments: #1 Declaration of Javier Bleichmar, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Exhibit D to Declaration, #6 Exhibit E to Declaration) (Chaney, John) Modified party designation on 8/3/2022 (kk2) [Transferred from Ohio Southern on 4/6/2023.] |
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Filing 6
ORDER granting #5 Motion to Enter Stipulation and Proposed Order Regarding Service and Time to Respond to the Complaint and Subsequent Deadlines. Signed by Magistrate Judge Chelsey M. Vascura on 7/18/2022. (daf) [Transferred from Ohio Southern on 4/6/2023.]
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| Filing 5 Joint MOTION to Enter Stipulation and Proposed Order Regarding Service and Time to Respond to the Complaint and Subsequent Deadlines by Defendant Dentsply Sirona Inc. (Broz, Alycia) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 4 Summons Issued as to Dentsply Sirona Inc. (kk2) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 3 REQUEST for Issuance of Summons. (Camillus, John) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 2 NOTICE OF NON-ISSUANCE OF SUMMONS re #1 Complaint by Clerk of Southern District of Ohio: The attorney listed on the summons as counsel for Plaintiff is not admitted to this Court and has not obtained pro hac vice admission to participate in this action (Attachments: #1 Summons Form Dentsply Sirona Inc.) (kk2) [Transferred from Ohio Southern on 4/6/2023.] |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-8893087), filed by City of Miami General Employees' & Sanitation Employees' Retirement Trust. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Certification, #3 Summons Form) (Camillus, John) [Transferred from Ohio Southern on 4/6/2023.] |
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