CHEVRON U.S.A. INC. v. LAETTNER, et al
CHEVRON U.S.A. INC. |
CHRISTIAN LAETTNER, THOMAS NIEMANN and BRIAN K. DAVIS |
1:2009cv00232 |
April 2, 2009 |
US District Court for the Middle District of North Carolina |
Negotiable Instrument Office |
Durham |
JAMES A BEATY |
P TREVOR SHARP |
Negotiable Instrument |
28 U.S.C. § 1332 |
None |
Docket Report
This docket was last retrieved on May 9, 2017. A more recent docket listing may be available from PACER.
Document Text |
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Filing 53 SATISFACTION OF JUDGMENT entered In favor of CHEVRON U.S.A. INC. Against BRIAN K. DAVIS, In favor of CHEVRON U.S.A. INC. Against CHRISTIAN LAETTNER by CHEVRON U.S.A. INC.. (BOUCHARD, MATTHEW) |
Filing 52 CERTIFICATE OF SERVICE as to #51 Order. (BOWERS, JESSICA) |
Filing 51 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR., on 10/31/2012, that the Motion of Chevron U.S.A. Inc. for Charging Order Against Judgment Debtor Christian Laettner [Doc. #42 ] is hereby GRANTED as set forth herein. FURTHER, that any distribution, dividend, or payment to be made to Defendant Christian D. Laettner by reason of his membership interest in an Entity listed above shall instead be paid into the office of the Clerk of Court for the Middle District of North Carolina for payment in satisfaction of the Judgment entered on September 22, 2010, until such Judgment is satisfied, or until further Order of this Court. FURTHER, that Defendant Christian D. Laettner shall produce to Plaintiff Chevron U.S.A. Inc., within 20 days of the date of this Order, a listing indicating the interest held by Defendant Christian D. Laettner in each of the Entities listed above, and showing any distributions made to Defendant Christian D. Laettner by any Entity since the entry of the Judgment in this case on September 22, 2010. FURTHER, that Plaintiff Chevron U.S.A. Inc. shall mail a copy of this Order to the registered agents of each Entity listed above and shall file with this Court a certificate reflecting such mailing. FINALLY, that this Court shall retain jurisdiction of this matter for purposes of such other and further order the Court may find to be appropriate, just, and proper under the circumstances. (Lloyd, Donna) |
Filing 50 STIPULATED PROTECTIVE ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR. on 10/16/2012 as set out herein. (Israel, Lisa) |
Motions Submitted: #49 Joint MOTION for Protective Order to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Filing 49 Joint MOTION for Protective Order by CHEVRON U.S.A. INC., BRIAN K. DAVIS, CHRISTIAN LAETTNER. (Attachments: #1 Exhibit A - Stipulated Protective Order) (BOWERS, JESSICA) |
Motions Referred: RE: #42 Motion of Chevron U.S.A. Inc. For Charging Order Against Judgment Debtor Christian Laettner to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Filing 48 REPLY MEMORANDUM IN SUPPORT OF THE #42 MOTION OF CHEVRON U.S.A. INC. FOR CHARGING ORDER AGAINST JUDGMENT DEBTOR CHRISTIAN LAETTNER filed by CHEVRON U.S.A. INC. (BOWERS, JESSICA) Modified on 9/7/2012 to edit text to accurately reflect document title. (Lloyd, Donna) |
Filing 47 RESPONSE entitled "OPPOSITION OF DEFENDANT CHRISTIAN LAETTNER TO #42 MOTION OF CHEVRON U.S.A. INC. FOR CHARGING ORDER AGAINST JUDGMENT DEBTOR CHRISTIAN LAETTNER" filed by CHRISTIAN LAETTNER. Replies due by 9/10/2012. (Attachments: #1 Exhibits A - P) (ZAVAREEI, HASSAN) Modified on 8/24/2012 to edit text to accurately reflect document title and identify exhibits. (Lloyd, Donna) |
Filing 46 NOTICE of Appearance by attorney HASSAN A. ZAVAREEI on behalf of Defendants BRIAN K. DAVIS, CHRISTIAN LAETTNER. (ZAVAREEI, HASSAN) |
Filing 45 NOTICE of Appearance by attorney ANNA C. HAAC on behalf of Defendants BRIAN K. DAVIS, CHRISTIAN LAETTNER. (HAAC, ANNA) |
Filing 44 NOTICE of Appearance by attorney RICHARD M. HUTSON, II on behalf of Defendants BRIAN K. DAVIS, CHRISTIAN LAETTNER. (HUTSON, RICHARD) |
Set Response Deadline re: #42 MOTION OF CHEVRON U.S.A. INC. FOR CHARGING ORDER AGAINST JUDGMENT DEBTOR CHRISTIAN LAETTNER: Responses due by 8/23/2012. (Lloyd, Donna) |
Filing 43 MEMORANDUM IN SUPPORT OF #42 MOTION OF CHEVRON U.S.A. INC. FOR CHARGING ORDER AGAINST JUDGMENT DEBTOR CHRISTIAN LAETTNER filed by CHEVRON U.S.A. INC. (BOWERS, JESSICA) Modified on 7/31/2012 to edit text to accurately reflect document title. (Lloyd, Donna) |
Filing 42 MOTION OF CHEVRON U.S.A. INC. FOR CHARGING ORDER AGAINST JUDGMENT DEBTOR CHRISTIAN LAETTNER filed by CHEVRON U.S.A. INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B continued) (BOWERS, JESSICA) Modified on 7/31/2012 to edit text to accurately reflect document title and remove duplicate text. (Lloyd, Donna) |
Filing 41 NOTICE OF WITHDRAWAL OF REQUEST FOR EXPENSES by CHEVRON U.S.A. INC., re #39 Memorandum Opinion and Order. (BOWERS, JESSICA) Modified on 7/24/2012 to remove duplicate text. (Lloyd, Donna) Modi |
Filing 40 NOTICE of Appearance by attorney JESSICA E. BOWERS on behalf of Plaintiff CHEVRON U.S.A. INC. (BOWERS, JESSICA) |
Motion No Longer Submitted to CHIEF JUDGE JAMES A. BEATY, JR., re: #37 MOTION to Compel. (Lloyd, Donna) |
Filing 39 MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR., on 7/3/2012, that Plaintiff's Motion to Compel Production of Documents and for Sanctions [Doc. #37 ] is hereby GRANTED IN PART and DENIED IN PART, as set forth herein. Specifically, to the extent that Plaintiff seeks a Court Order to compelling Defendants to respond to Plaintiff's requests for production of documents, Plaintiff's Motion is hereby GRANTED. As such, Defendant Laettner shall respond to Plaintiff's Request for Production of Documents in Aid of Judgment, served on March 25, 2011, and again on April 29, 2011, within fourteen (14) days of the date of this Memorandum Opinion and Order. FURTHER, that Defendant Davis shall respond to Plaintiff's Request for Production of Documents in Aid of Judgment, served on March 25, 2011, and again on May 9, 2011, within fourteen (14) days of the date of this Memorandum Opinion and Order. FURTHER, that to the extent that Plaintiff asks that the Court order Defendants to pay Plaintiff's reasonable expenses, including attorneys fees, Plaintiff's Motion is hereby DENIED WITHOUT PREJUDICE to Plaintiff raising its request for expenses in a separate Motion. In that regard, that on or before July 23, 2012, Plaintiff shall file with the Court a separate Motion for Expenses setting forth an itemized list of its expenses, including attorney's fees, incurred in the preparation and filing of the Motion to Compel Production of Documents and for Sanctions [Doc. #37 ], and setting forth a detailed explanation as to the reasonableness of those expenses. FURTHER, that Defendants shall file a Response to Plaintiff's Motion for Expenses on or before July 30, 2012. To the extent that the Court deems it necessary, the Court will schedule a hearing on the Motion for Expenses for August 9, 2012. FINALLY the Court hereby directs the Clerk's Office to alter the docket to reflect the correct address for Defendant Laettner as follows: Christian Laettner, 1041 Ponte Vedra Blvd., Ponte Vedra, FL 32082. (Lloyd, Donna) |
Set Motion and Response Deadlines: Motion for Expenses due on or before 7/23/2012. Response to Plaintiff's Motion for Expenses due on or before 7/30/2012. See #39 Memorandum Opinion and Order for Court's ruling. (Lloyd, Donna) |
Motions Submitted: #37 MOTION to Compel to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Filing 38 MEMORANDUM re #37 MOTION to Compel Production of Documents and For Sanctions by Plaintiff CHEVRON U.S.A. INC.. (Attachments: #1 Exhibit Exhibit 1 - EEOC v. Dolgencorp)(BOUCHARD, MATTHEW) |
Filing 37 MOTION to Compel by CHEVRON U.S.A. INC.. Responses due by 5/23/2012 (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Exhibit A - Plaintiffs Request for Production of Documents in Aid of Judgment to Christian Laettner served on March 25, 2011, #3 Exhibit Exhibit B - Notice of Taking Deposition of Christian Laettner in Aid of Judgment for May 12, 2011, #4 Exhibit Exhibit C - Plaintiff's Request for the Production of Documents in Aid of Judgment to Brian K. Davis served on March 25, 2011, #5 Exhibit Exhibit D - Notice of Taking Deposition of Brian K. Davis in Aid of Judgment for May 13, 2011, #6 Exhibit Exhibit E - Lewis and Roberts, PLLC's April 29, 2011 correspondence to Laettner, #7 Exhibit Exhibit F - USPS Certified Mail, Domestic Return Receipt, evidencing receipt by Christian Laettner of the April 29, 2011 Lewis and Roberts correspondence, #8 Exhibit Exhibit G - Lewis and Roberts, PLLC April 29, 2011 correspondence to Davis, #9 Exhibit Exhibit H - USPS Certified Mail, Track and Confirm indicating that the Lewis and Roberts PLLC April 29, 2011 correspondence may not have been delivered to Davis, #10 Exhibit Exhibit I - Lewis and Roberts PLLC's May 9, 2011 correspondence to Davis, #11 Exhibit Exhibit J - USPS Certified Mail, Domestic Return Receipt, evidencing receipt by Brian K. Davis of the May 9, 2011 Lewis and Roberts correspondence, #12 Exhibit Exhibit K - Holland and Knight June 6, 2011 Local Rule 37.1 correspondence to Christian Laettner, #13 Exhibit Exhibit L - USPS Certified Mail, Domestic Return Receipt, evidencing receipt by Christian Laettner of the June 6, 2011 Holland and Knight correspondence, #14 Exhibit Exhibit M - Holland and Knight March 28, 2012 Local Rule 37.1 correspondence to Christian Laettner enclosing a copy of Holland and Knight's June 6, 2011 correspondence, #15 Exhibit Exhibit N - USPS Certified Mail, Domestic Return Receipt, evidencing receipt by Christian Laettner of the March 28, 2012 Holland and Knight correspondence, #16 Exhibit Exhibit O - Holland and Knight June 6, 2011 Local Rule 37.1 correspondence to Brian K. Davis, #17 Exhibit Exhibit P - UPS proof of delivery evidencing receipt by Brian Davis of the Holland and Knight June 6, 2011 Local Rule 37.1 correspondence, #18 Exhibit Exhibit Q - Holland and Knight March 28, 2012 Local Rule 37.1 correspondence to Brian Davis, #19 Exhibit Exhibit R - Certificate of Compliance)(BOUCHARD, MATTHEW) |
Filing 36 NOTICE of Change of Address by ROBIN KENTON VINSON. (Law, Trina) |
Filing 35 CERTIFICATE re #34 Order on Motion to Withdraw as Attorney,, by Defendant CHRISTIAN LAETTNER. (CARPENTER, CHARLES) |
Filing 34 ORDER signed by MAG/JUDGE P. TREVOR SHARP on 5/9/11, that the motion to withdraw (Docket No. #33 ) is GRANTED and that, until an appearance by substitute counsel is made on the record, all further notices, pleadings, orders, and correspondence shall be directed to the said Defendants by serving them as follows: Christian Laettner, 1041 Pointe Verde Blvd., Pointe Verde Beach, FL 32082 Brian K. Davis, 2230 Massachusetts Ave., NW, Apt. 103, Washington, DC 20008-2812. FURTHER that Movants shall serve a copy of this Order on the Defendants. (Law, Trina) |
Motions Referred: #33 MOTION to Withdraw as Attorney CHARLES F. CARPENTER MALVERN F. KING, JF to MAG/JUDGE P. TREVOR SHARP. (Kemp, Donita) |
Filing 33 MOTION to Withdraw as Attorney CHARLES F. CARPENTER MALVERN F. KING, JF by on behalf of BRIAN K. DAVIS, CHRISTIAN LAETTNER. (Attachments: #1 Text of Proposed Order)(CARPENTER, CHARLES) |
Filing 32 JUDGMENT signed by CHIEF JUDGE JAMES A. BEATY, JR on 9/22/10, that the plaintiff, Chevron U.S.A. Inc. ("CUSA"), shall recover of the defendants, Christian Laettner ("Laettner") and Brian K. Davis ("Davis"), judgment in the amount of $2,263,974, inclusive of interest and costs. Execution on this judgment may issue forthwith in the full amount of $2,263,974 without prior notice to Laettner and Davis. In light of this Judgment, the previous Motion for Summary Judgment [Doc. #23 ] filed by CUSA is dismissed as moot. (Law, Trina) |
Motions Submitted: 31 Consent MOTION for Judgment to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Motions Submitted: #31 Consent MOTION for Judgment to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Filing 31 Consent MOTION for Judgment by CHEVRON U.S.A. INC. Responses due by 9/27/2010. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(MCGOVERN, BENJAMIN) |
Filing 30 STIPULATION for Compromise Settlement Agreement for Judgment. (MCGOVERN, BENJAMIN) |
Filing 29 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 3/4/10, that the Motion for Entry of Six-Month Dismissal Nisi as to Defendants Laettner and Davis [Doc. #28 ] will be construed as a Motion to Stay this Proceeding for Six Months, and the Motion to Stay will be GRANTED. THEREFORE this case is hereby stayed until September 1, 2010. (Law, Trina) |
Motions Submitted: #28 JOINT MOTION For Entry of Six-Month Dismissal Nisi of Defendants Laettner and Davis to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Motions Submitted: 28 JOINT MOTION For Entry of Six-Month Dismissal Nisi of Defendants Laettner and Davis to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
NOTICE to Attorney Benjamin McGovern via email requesting a Proposed Order as to pleading #28, Joint Motion for Entry of Six-Month Dismissal Nisi of defendants Laettner and Davis. (Kemp, Donita) |
Filing 28 JOINT MOTION For Entry of Six-Month Dismissal Nisi of Defendants Laettner and Davis by CHEVRON U.S.A. INC. (MCGOVERN, BENJAMIN) |
Filing 27 CERTIFICATE re #23 MOTION for Summary Judgment, #24 Memorandum, #25 Affidavit in Support of Motion, #26 Affidavit in Support of Motion by Plaintiff CHEVRON U.S.A. INC. (MCGOVERN, BENJAMIN) |
NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) as to BENJAMIN M. MCGOVERN re #23 MOTION for Summary Judgment, #24 Memorandum. Documents fail to include a Certificate of Service. Please file "Certificate of Service" as to all parties. (Law, Trina) |
NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) as to BENJAMIN M. MCGOVERN re 23 MOTION for Summary Judgment, 24 Memorandum. Documents fail to include a Certificate of Service. Please file "Certificate of Service" as to all parties. (Law, Trina) |
Filing 26 AFFIDAVIT in Support re #23 MOTION for Summary Judgment filed by CHEVRON U.S.A. INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(MCGOVERN, BENJAMIN) |
Filing 25 AFFIDAVIT in Support re #23 MOTION for Summary Judgment filed by CHEVRON U.S.A. INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(MCGOVERN, BENJAMIN) |
Filing 24 MEMORANDUM re #23 MOTION for Summary Judgment filed by CHEVRON U.S.A. INC. (MCGOVERN, BENJAMIN) |
Filing 23 MOTION for Summary Judgment by CHEVRON U.S.A. INC. Responses due by 2/17/2010. (MCGOVERN, BENJAMIN) |
Reset Deadline: Stipulation of Dismissal due by 2/12/2010. (Kemp, Donita) |
Filing 22 STATUS MEMORANDUM re Letter to Court requesting telephonic status conference by Plaintiff CHEVRON U.S.A. INC. (MCGOVERN, BENJAMIN) |
Set/Reset Deadlines : Stipulation of Dismissal due by 1/29/2010. (Gammon, Cheryl) |
Case Reported Settled at Mediation (Gammon, Cheryl) |
Filing 21 NOTICE of Intent to File Dispositive Motions by Plaintiff CHEVRON U.S.A. INC. (BOUCHARD, MATTHEW) |
Filing 20 NOTICE of Appearance by attorney ROBIN KENTON VINSON on behalf of Defendant THOMAS NIEMANN. (VINSON, ROBIN) |
Filing 19 NOTICE of Hearing: Bench Trial set for 7/5/2010 09:30 AM in Unassigned Courtroom; Trial Briefs, etc. deadline set for 6/15/2010.(Kemp, Donita) |
Filing 18 ORDER Appointing RICHARD T. BOYETTE as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl) |
MEDIATION SCHEDULING ORDER ; Mediation due by 12/19/2009. (Gammon, Cheryl) |
Filing 17 ORDER signed by MAG/JUDGE P. TREVOR SHARP on 08/19/09, granting #16 JOINT RULE 26(F) REPORT submitted by the parties. The Report is approved without modification. Discovery due by 12/19/2009. Discovery shall be placed on a case-management track established as: Standard. The parties agree that the mediator shall be Richard T. Boyette. The parties do not anticipate joining any additional parties or amending their respective pleadings. Trial of the action is expected to take approximately two (2) days. A jury trial has not been demanded. (Law, Trina) |
***Motions Referred: #16 Rule 26(f) Report (Joint) filed by all parties to MAG/JUDGE P. TREVOR SHARP- (Garrett, Kim) |
***Motions Referred: 16 Rule 26(f) Report (Joint) filed by all parties to MAG/JUDGE P. TREVOR SHARP- (Garrett, Kim) |
Filing 16 Rule 26(f) Report (Joint) filed by all parties by CHEVRON U.S.A. INC., CHRISTIAN LAETTNER, THOMAS NIEMANN, BRIAN K. DAVIS.(MCGOVERN, BENJAMIN) |
Filing 15 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 8/31/2009 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE P. TREVOR SHARP. (Garrett, Kim) |
Filing 14 AMENDED ANSWER to #1 Complaint by THOMAS NIEMANN. (Attachments: #1 Exhibit Amended and Restated Promissory Note, #2 Exhibit January 23, 2007 letter, #3 Exhibit Agreement Concerning Chesterfield Building, #4 Exhibit April 16, 2008 letter)(FISHER, TERRY) |
Filing 13 Amended ANSWER to #1 Complaint by CHRISTIAN LAETTNER, BRIAN K. DAVIS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(CARPENTER, CHARLES) |
Filing 11 ORDER signed by MAG/JUDGE P. TREVOR SHARP on 06/05/09, that Defendant's motion (Docket No. #9 ) is GRANTED and that Defendant Niemann shall have up to and including June 18, 2009, within which to file the answer or otherwise respond to Plaintiff's complaint in the above-entitled cause. Answer due by 6/18/2009. (Law, Trina) |
Filing 10 ORDER signed by MAG/JUDGE P. TREVOR SHARP on 06/05/09, that Defendants' motion (Docket No. #8 ) is GRANTED and that Defendants Laettner and Davis shall have up to and including June 18, 2009, within which to file the answer or otherwise respond to Plaintiff's complaint in the above-entitled cause. Answer due by 6/18/2009. (Law, Trina) |
***Motions Referred: #9 MOTION for Extension of Time to File Answer to MAG/JUDGE P. TREVOR SHARP. (Kemp, Donita) |
***Motions Referred: 9 MOTION for Extension of Time to File Answer to MAG/JUDGE P. TREVOR SHARP. (Kemp, Donita) |
***Motions Referred: #8 First MOTION for Extension of Time to File Answer to MAG/JUDGE P. TREVOR SHARP. (Kemp, Donita) |
***Motions Referred: 8 First MOTION for Extension of Time to File Answer to MAG/JUDGE P. TREVOR SHARP. (Kemp, Donita) |
Filing 9 MOTION for Extension of Time to File Answer by THOMAS NIEMANN. Responses due by 6/18/2009. (Attachments: #1 Exhibit 1, Order Granting Motion for Extension of Time)(FISHER, TERRY) |
Filing 8 First MOTION for Extension of Time to File Answer by CHRISTIAN LAETTNER, BRIAN K. DAVIS. Responses due by 6/18/2009. (Attachments: #1 Text of Proposed Order)(CARPENTER, CHARLES) |
Filing 7 NOTICE of Appearance by attorney JOSHUA C. KRUMHOLZ on behalf of Plaintiff CHEVRON U.S.A. INC. (KRUMHOLZ, JOSHUA) |
Filing 6 NOTICE of Appearance by attorney BENJAMIN M. MCGOVERN on behalf of Plaintiff CHEVRON U.S.A. INC. (MCGOVERN, BENJAMIN) |
Filing 5 WAIVER OF SERVICE Returned Executed by CHEVRON U.S.A. INC. THOMAS NIEMANN waiver sent on 4/3/2009, answer due 6/2/2009. (BOUCHARD, MATTHEW) |
Filing 4 WAIVER OF SERVICE Returned Executed by CHEVRON U.S.A. INC. BRIAN K. DAVIS waiver sent on 4/3/2009, answer due 6/2/2009. (BOUCHARD, MATTHEW) |
Filing 3 WAIVER OF SERVICE Returned Executed by CHEVRON U.S.A. INC. CHRISTIAN LAETTNER waiver sent on 4/3/2009, answer due 6/2/2009. (BOUCHARD, MATTHEW) |
CASE REFERRED to Standing Order 30 (McClain, Abby) |
CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website form directory for a list of mediators which must be served on all parties. (McClain, Abby) |
Filing 2 Corporate Disclosure Statement by CHEVRON U.S.A. INC. identifying Corporate Parent Chevron Corporation for CHEVRON U.S.A. INC. (BOUCHARD, MATTHEW) |
Filing 1 COMPLAINT against CHRISTIAN LAETTNER, THOMAS NIEMANN, BRIAN K. DAVIS ( Filing fee $ 350 receipt number 04180000000000590063.), filed by CHEVRON U.S.A. INC.. (Attachments: #1 Exhibit A)(BOUCHARD, MATTHEW) |
Filing 1 COMPLAINT against CHRISTIAN LAETTNER, THOMAS NIEMANN, BRIAN K. DAVIS ( Filing fee $ 350 receipt number 04180000000000590063.), filed by CHEVRON U.S.A. INC.. (Attachments: # 1 Exhibit A)(BOUCHARD, MATTHEW) |
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