In re: Babcock & Wilcox Enterprises, Inc. Shareholder Derivative Litigation
Plaintiff: Bud and Sue Frashier Family Trust, Mike Deangelis and Dan Hegeman
Defendant: Babcock & Wilcox Enterprises, Inc. Shareholder Derivative Litigation, E. James Ferland, Thomas A. Christopher, Jenny L. Apker, Leslie Kass, Stephen G. Hanks, Anne R. Pramaggiore, Daniel W. Hoehn, Cynthia S. Dubin, Brian K. Ferraioli and Larry L. Weyers
Petitioner: Babcock & Wilcox Enterprises, Inc.
Case Number: 3:2018cv00347
Filed: July 2, 2018
Court: US District Court for the Western District of North Carolina
Office: Charlotte Office
County: XX, Outside District
Presiding Judge: Max O Cogburn
Referring Judge: David Keesler
Nature of Suit: Securities/Commodities
Cause of Action: 15:78
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 20, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 2, 2018 Notice to Brian Farnan, Michael Farnan, Shane Sanders, Timothy Brown, Blake Bennett, Craig Smith, Steven Wedeking, Steven Fineman, Christine Haynes: Pursuant to Local Rule 83.1 you are required to 1) Associate Local Counsel and 2) File a motion pro hac vice. Deadline by 7/9/2018. (tmg)
July 2, 2018 Case assigned to District Judge Max O. Cogburn, Jr and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (tmg)
July 2, 2018 Filing 31 Case transferred in from District of Delaware; Case Number 1:18-cv-00281. Original electronic file and docket sheet received.
June 28, 2018 Opinion or Order Filing 30 ORDER approving #29 STIPULATION and [Proposed] Order for Transfer of Venue. The Clerk of Court shall forthwith transfer this consolidated case to the United States District Court for the Western District of North Carolina as three related cases assigned to Judge Max 0. Cogburn, Jr., Ollila v. Babcock & Wilcox Enterprises, Inc. et al., No. 3: 17-cv-00109-MOC-DCK (W.D.N.C.). ORDER denying as moot D.I. #13 Joint MOTION to Stay Litigation and Related Matters. We vacate our May 23, 2018 Order (ECF Doc. No. #10 ) setting deadlines for responses to the consolidated complaint to now be promptly addressed by the parties with the transferee Court. Signed by Judge Mark A. Kearney on 6/28/2018. (nmf) [Transferred from Delaware on 7/2/2018.]
June 28, 2018 Filing 29 STIPULATION and [Proposed] Order for Transfer of Venue by Jenny L. Apker, Babcock & Wilcox Enterprises, Inc., Thomas A. Christopher, Cynthia S. Dubin, E. James Ferland, Brian K. Ferraioli, Stephen G. Hanks, Daniel W. Hoehn, Leslie Kass, Anne R. Pramaggiore, Larry L. Weyers. (Haynes, Christine) [Transferred from Delaware on 7/2/2018.]
June 25, 2018 Opinion or Order Filing 28 ORDER, 1. The parties shall advise this Court by either stipulation to transfer or letter declining transfer no later than June 28, 2018; and, 2. We amend our May 23, 2018 Order (ECF Doc. No. 10) to allow Defendants to file a response to the pending consolidated complaint (ECF Doc. No. 11) no later than July 3, 2018. (Response due by 7/3/2018, Stipulation or Letter due by 6/28/2018). Signed by Judge Mark A. Kearney on 6/25/2018. (ceg) [Transferred from Delaware on 7/2/2018.]
June 22, 2018 Filing 27 Letter to The Honorable Mark A. Kearney from Christine D. Haynes regarding transfer. (Haynes, Christine) [Transferred from Delaware on 7/2/2018.]
June 20, 2018 Pro Hac Vice Attorney Shane P. Sanders for Bud and Sue Frashier Family Trust, Mike Deangelis, and Dan Hegeman added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) [Transferred from Delaware on 7/2/2018.]
June 20, 2018 Minute Entry for proceedings held before Judge Mark A. Kearney - Telephone Conference held on 6/20/2018. (ceg) [Transferred from Delaware on 7/2/2018.]
June 19, 2018 Pro Hac Vice Attorney Timothy W. Brown for Mike Deangelis added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) [Transferred from Delaware on 7/2/2018.]
June 19, 2018 Opinion or Order Filing 26 ORDER granting #24 MOTION for Pro Hac Vice Appearance of Attorney Timothy W. Brown ; granting #25 MOTION for Pro Hac Vice Appearance of Attorney Phillip Kim. Signed by Judge Mark A. Kearney on 6/19/2018. (nmf) [Transferred from Delaware on 7/2/2018.]
June 18, 2018 Filing 25 MOTION for Pro Hac Vice Appearance of Attorney Phillip Kim - filed by Bud and Sue Frashier Family Trust, Mike Deangelis, Dan Hegeman. (Attachments: #1 Exhibit A)(Farnan, Brian) [Transferred from Delaware on 7/2/2018.]
June 18, 2018 Filing 24 MOTION for Pro Hac Vice Appearance of Attorney Timothy W. Brown - filed by Bud and Sue Frashier Family Trust, Mike Deangelis, Dan Hegeman. (Attachments: #1 Exhibit A)(Farnan, Brian) [Transferred from Delaware on 7/2/2018.]
June 18, 2018 Opinion or Order Filing 23 ORDER granting #22 MOTION for Pro Hac Vice Appearance of Attorney Shane P. Sanders filed by Dan Hegeman, Mike Deangelis, Bud and Sue Frashier Family Trust. Signed by Judge Mark A. Kearney on 6/18/2018. (fms) [Transferred from Delaware on 7/2/2018.]
June 18, 2018 Filing 22 MOTION for Pro Hac Vice Appearance of Attorney Shane P. Sanders - filed by Bud and Sue Frashier Family Trust, Mike Deangelis, Dan Hegeman. (Attachments: #1 Exhibit)(Bennett, Blake) [Transferred from Delaware on 7/2/2018.]
June 15, 2018 Opinion or Order Filing 21 ORDER granting #14 MOTION for Pro Hac Vice Appearance of Attorney John L. Latham, #15 MOTION for Pro Hac Vice Appearance of Attorney Susan E. Hurd, #16 MOTION for Pro Hac Vice Appearance of Attorney Jason R. Outlaw. Signed by Judge Mark A. Kearney on 6/15/2018. (crb) [Transferred from Delaware on 7/2/2018.]
June 15, 2018 Opinion or Order Filing 20 ORDER granting #19 MOTION for Pro Hac Vice Appearance of Attorney David N. Kelley, #18 MOTION for Pro Hac Vice Appearance of Attorney Kathryn Barrett. Signed by Judge Mark A. Kearney on 6/15/2018. (crb) [Transferred from Delaware on 7/2/2018.]
June 15, 2018 Filing 19 MOTION for Pro Hac Vice Appearance of Attorney David N. Kelley - filed by Babcock & Wilcox Enterprises, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A)(Haynes, Christine) [Transferred from Delaware on 7/2/2018.]
June 15, 2018 Filing 18 MOTION for Pro Hac Vice Appearance of Attorney Kathryn Barrett - filed by Babcock & Wilcox Enterprises, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A)(Haynes, Christine) [Transferred from Delaware on 7/2/2018.]
June 15, 2018 Opinion or Order Filing 17 ORDER Setting Teleconference: A Telephone Conference is set for 6/20/2018 at 10:00 AM before Judge Mark A. Kearney. Counsel for Plaintiff shall initiate the call and call Chambers at 267-299-7680 when all parties are on the line. Signed by Judge Mark A. Kearney on 6/15/2018. (crb) [Transferred from Delaware on 7/2/2018.]
June 15, 2018 Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Jason R. Outlaw - filed by Jenny L. Apker, Cynthia S. Dubin, E. James Ferland, Brian K. Ferraioli, Stephen G. Hanks, Daniel W. Hoehn, Leslie Kass, Anne R. Pramaggiore, Larry L. Weyers. (Attachments: #1 Text of Proposed Order, #2 Exhibit A)(Haynes, Christine) [Transferred from Delaware on 7/2/2018.]
June 15, 2018 Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Susan E. Hurd - filed by Jenny L. Apker, Thomas A. Christopher, Cynthia S. Dubin, E. James Ferland, Brian K. Ferraioli, Stephen G. Hanks, Daniel W. Hoehn, Leslie Kass, Anne R. Pramaggiore, Larry L. Weyers. (Attachments: #1 Text of Proposed Order, #2 Exhibit A)(Haynes, Christine) [Transferred from Delaware on 7/2/2018.]
June 15, 2018 Filing 14 MOTION for Pro Hac Vice Appearance of Attorney John L. Latham - filed by Jenny L. Apker, Thomas A. Christopher, Cynthia S. Dubin, E. James Ferland, Brian K. Ferraioli, Stephen G. Hanks, Daniel W. Hoehn, Leslie Kass, Anne R. Pramaggiore, Larry L. Weyers. (Attachments: #1 Text of Proposed Order, #2 Exhibit A)(Haynes, Christine) [Transferred from Delaware on 7/2/2018.]
June 14, 2018 Filing 13 Joint MOTION to Stay Litigation and Related Matters and [Proposed] Order - filed by Jenny L. Apker, Thomas A. Christopher, Cynthia S. Dubin, E. James Ferland, Brian K. Ferraioli, Stephen G. Hanks, Daniel W. Hoehn, Leslie Kass, Anne R. Pramaggiore, Larry L. Weyers. (Haynes, Christine) [Transferred from Delaware on 7/2/2018.]
June 5, 2018 Filing 12 STATEMENT re #11 Amended Complaint, Verification of Dan Hegeman to Verified Consolidated Stockholder Derivative Complaint for Violation of Securities Law, Breach of Fiduciary Duty, Waste of Corporate Assets, and Unjust Enrichment by Dan Hegeman. (Farnan, Brian) [Transferred from Delaware on 7/2/2018.]
June 1, 2018 Filing 11 AMENDED COMPLAINT Verified Consolidated Stockholder Derivative Complaint for Violation of Securities Law, Breach of Fiduciary Duty, Waste of Corporate Assets, and Unjust Enrichment against All Defendants - filed by Bud and Sue Frashier Family Trust, Mike Deangelis. (Attachments: #1 Verification to Complaint, #2 Verification to Complaint)(Bennett, Blake) [Transferred from Delaware on 7/2/2018.]
May 23, 2018 Opinion or Order Filing 10 ORDER approving in part #9 Stipulation to amend paragraph six of April 23, 2018 Order. Plaintiffs may file a consolidated complaint no later than June 1, 2018 with a response filed no later than June 25, 2018. No other obligations in the April 23, 2018 Order #6 is affected. Signed by Judge Mark A. Kearney on 5/23/2018. (ceg) [Transferred from Delaware on 7/2/2018.]
May 23, 2018 Filing 9 STIPULATION Modify Schedule re #6 Order,,,, #5 Stipulation Stipulation and Proposed Order to Modify Schedule by Bud and Sue Frashier Family Trust, Mike Deangelis, Dan Hegeman. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.]
May 11, 2018 Filing 8 NOTICE of Appearance by Christine Dealy Haynes on behalf of Jenny L. Apker, Babcock & Wilcox Enterprises, Inc., Thomas A. Christopher, Cynthia S. Dubin, E. James Ferland, Brian K. Ferraioli, Stephen G. Hanks, Daniel W. Hoehn, Leslie Kass, Anne R. Pramaggiore, Larry L. Weyers (Haynes, Christine) [Transferred from Delaware on 7/2/2018.]
May 11, 2018 Filing 7 NOTICE of Appearance by Steven J. Fineman on behalf of Jenny L. Apker, Babcock & Wilcox Enterprises, Inc., Thomas A. Christopher, Cynthia S. Dubin, E. James Ferland, Brian K. Ferraioli, Stephen G. Hanks, Daniel W. Hoehn, Leslie Kass, Anne R. Pramaggiore, Larry L. Weyers (Fineman, Steven) [Transferred from Delaware on 7/2/2018.]
April 23, 2018 Opinion or Order Filing 6 ORDER approving in part (5 in 1:18-cv-00282-MAK, 23 in 1:18-cv-00305-MAK, 5 in 1:18-cv-00281-MAK) STIPULATION and ORDER Consolidating Related Derivative Actions and Appointing Co-Lead and Co-Liaison Counsel for Plaintiffs. We designate Plaintiff's Co-Lead counsel as Brian J. Robbins, Esq., Craig W. Smith, Esq. and Steven R. Wedeking, Esq. of Robbins Arroyo LLP and Timothy W. Brown, Esq. of The Brown Law Firm, P.C. We designate Plaintiff's Co- Liaison Delaware counsel as Brian E. Farnan, Esq. and Michael J. Farnan, Esq. of Farnan LLP and Blake A. Bennett, Esq. of Cooch and Taylor, P.A. These cases are CONSOLIDATED for all purposes, including all further filings, into one consolidated action under the lead case No. 18-281. Plaintiffs shall file a Consolidated Complaint no later than May 25, 2018 with a response to the Consolidated Complaint due no later than June 18,2018. Signed by Judge Mark A. Kearney on 4/23/2018. Associated Cases: 1:18-cv-00281-MAK, 1:18-cv-00282-MAK, 1:18-cv-00305-MAK(nmfn) [Transferred from Delaware on 7/2/2018.]
April 20, 2018 Case Reassigned to Judge Mark A. Kearney of the Eastern District of Pennsylvania (in lieu of Vacant Judgeship). Please include the initials of the Judge (MAK) after the case number on all documents filed. Associated Cases: 1:18-cv-00281-MAK, 1:18-cv-00282-MAK, 1:18-cv-00305-MAK (rjb) [Transferred from Delaware on 7/2/2018.]
April 10, 2018 Filing 5 STIPULATION and [Proposed] Order Consolidating Related Derivative Actions and Appointing Co-Lead and Co-Liaison Counsel for Plaintiffs by Dan Hegeman, Mike Deangelis. (Attachments: #1 Exhibit A)(Farnan, Michael) [Transferred from Delaware on 7/2/2018.]
April 10, 2018 CORRECTING ENTRY: Pursuant to the request of counsel, the stipulation previously filed on 4/9/2018 has been deleted and a revised version of the document shall be filed at a later time. Associated Cases: 1:18-cv-00282-VAC-SRF, 1:18-cv-00281-VAC-SRF, 1:18-cv-00305-VAC-SRF(lih) [Transferred from Delaware on 7/2/2018.]
March 6, 2018 Opinion or Order SO ORDERED- re #4 STIPULATION TO EXTEND TIME to Answer Complaint. Set/Reset Answer Deadlines: Jenny L. Apker answer due 5/22/2018; Babcock & Wilcox Enterprises, Inc. answer due 5/22/2018; Thomas A. Christopher answer due 5/22/2018; Cynthia S. Dubin answer due 5/22/2018; E. James Ferland answer due 5/22/2018; Brian K. Ferraioli answer due 5/22/2018; Stephen G. Hanks answer due 5/22/2018; Daniel W. Hoehn answer due 5/22/2018; Leslie Kass answer due 5/22/2018; Anne R. Pramaggiore answer due 5/22/2018; Larry L. Weyers answer due 5/22/2018. Signed by Judge Sherry R. Fallon on 3/6/2018. (lih) [Transferred from Delaware on 7/2/2018.]
March 2, 2018 Filing 4 STIPULATION TO EXTEND TIME to Answer Complaint to May 22, 2018 - filed by Mike Deangelis. (Farnan, Michael) [Transferred from Delaware on 7/2/2018.]
March 1, 2018 **NOTE: If the parties jointly consent to Magistrate Judge Fallons jurisdiction to conduct all proceedings in this case, then the Pretrial Conference and Trial will be presided over by Judge Fallon consistent with 28 U.S.C. 636. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued May 26, 2017 and available on the District Court's website), upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be reassigned to a visiting District Judge, and any further dates in the Scheduling Order, including the Pretrial Conference and Trial dates, may be adjusted dependent on the availability of the visiting District Judge.** (lih) [Transferred from Delaware on 7/2/2018.]
February 21, 2018 Filing 3 SUMMONS Returned Executed by Mike Deangelis. Babcock & Wilcox Enterprises, Inc. served on 2/20/2018, answer due 3/13/2018. (Farnan, Michael) [Transferred from Delaware on 7/2/2018.]
February 21, 2018 CASE REFERRED to Magistrate Judge Sherry R. Fallon. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) (nms) [Transferred from Delaware on 7/2/2018.]
February 21, 2018 Case Assigned to Vacant Judgeship (2017). Please include the initials of the Judge (VAC) after the case number on all documents filed. (nms) [Transferred from Delaware on 7/2/2018.]
February 20, 2018 Summons Issued with Magistrate Consent Notice attached as to Babcock & Wilcox Enterprises, Inc. on 2/20/2018. (nmfn) [Transferred from Delaware on 7/2/2018.]
February 20, 2018 No Summons Issued. (ceg) [Transferred from Delaware on 7/2/2018.]
February 16, 2018 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (ceg) [Transferred from Delaware on 7/2/2018.]
February 16, 2018 Filing 1 VERIFIED SHAREHOLDER DERIVATIVE COMPLAINT filed with Jury Demand against Jenny L. Apker, Thomas A. Christopher, Cynthia S. Dubin, E. James Ferland, Brian K. Ferraioli, Stephen G. Hanks, Daniel W. Hoehn, Leslie Kass, Anne R. Pramaggiore, Larry L. Weyers - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2325207.) - filed by Mike Deangelis. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Verification) (ceg) [Transferred from Delaware on 7/2/2018.]

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Search for this case: In re: Babcock & Wilcox Enterprises, Inc. Shareholder Derivative Litigation
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Defendant: Babcock & Wilcox Enterprises, Inc. Shareholder Derivative Litigation
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Defendant: E. James Ferland
Represented By: Steven J. Fineman
Represented By: Christine Dealy Haynes
Represented By: Jason R. Outlaw
Represented By: John Ludlow Latham
Represented By: Thomas G. Walker
Represented By: Susan E. Hurd
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Defendant: Thomas A. Christopher
Represented By: Steven J. Fineman
Represented By: Christine Dealy Haynes
Represented By: Jason R. Outlaw
Represented By: John Ludlow Latham
Represented By: Thomas G. Walker
Represented By: Susan E. Hurd
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Defendant: Jenny L. Apker
Represented By: Steven J. Fineman
Represented By: Christine Dealy Haynes
Represented By: Jason R. Outlaw
Represented By: John Ludlow Latham
Represented By: Thomas G. Walker
Represented By: Susan E. Hurd
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Defendant: Leslie Kass
Represented By: Steven J. Fineman
Represented By: Christine Dealy Haynes
Represented By: Jason R. Outlaw
Represented By: John Ludlow Latham
Represented By: Thomas G. Walker
Represented By: Susan E. Hurd
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Defendant: Stephen G. Hanks
Represented By: Steven J. Fineman
Represented By: Christine Dealy Haynes
Represented By: Jason R. Outlaw
Represented By: John Ludlow Latham
Represented By: Thomas G. Walker
Represented By: Susan E. Hurd
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Defendant: Anne R. Pramaggiore
Represented By: Steven J. Fineman
Represented By: Christine Dealy Haynes
Represented By: Jason R. Outlaw
Represented By: John Ludlow Latham
Represented By: Thomas G. Walker
Represented By: Susan E. Hurd
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Defendant: Daniel W. Hoehn
Represented By: Steven J. Fineman
Represented By: Christine Dealy Haynes
Represented By: Jason R. Outlaw
Represented By: John Ludlow Latham
Represented By: Thomas G. Walker
Represented By: Susan E. Hurd
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Defendant: Cynthia S. Dubin
Represented By: Steven J. Fineman
Represented By: Christine Dealy Haynes
Represented By: Jason R. Outlaw
Represented By: John Ludlow Latham
Represented By: Thomas G. Walker
Represented By: Susan E. Hurd
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Defendant: Brian K. Ferraioli
Represented By: Steven J. Fineman
Represented By: Christine Dealy Haynes
Represented By: Jason R. Outlaw
Represented By: John Ludlow Latham
Represented By: Thomas G. Walker
Represented By: Susan E. Hurd
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Defendant: Larry L. Weyers
Represented By: Steven J. Fineman
Represented By: Christine Dealy Haynes
Represented By: Jason R. Outlaw
Represented By: John Ludlow Latham
Represented By: Thomas G. Walker
Represented By: Susan E. Hurd
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Plaintiff: Bud and Sue Frashier Family Trust
Represented By: Steven R. Wedeking
Represented By: Brian E. Farnan
Represented By: Blake A. Bennett
Represented By: Craig W. Smith
Represented By: Shane P. Sanders
Represented By: Kurt F. Hausler
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Plaintiff: Mike Deangelis
Represented By: Steven R. Wedeking
Represented By: Timothy W. Brown
Represented By: Michael J. Farnan
Represented By: Craig W. Smith
Represented By: Shane P. Sanders
Represented By: Blake A. Bennett
Represented By: Brian E. Farnan
Represented By: Kurt F. Hausler
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Plaintiff: Dan Hegeman
Represented By: Steven R. Wedeking
Represented By: Blake A. Bennett
Represented By: Michael J. Farnan
Represented By: Craig W. Smith
Represented By: Shane P. Sanders
Represented By: Brian E. Farnan
Represented By: Kurt F. Hausler
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Petitioner: Babcock & Wilcox Enterprises, Inc.
Represented By: Steven J. Fineman
Represented By: Christine Dealy Haynes
Represented By: Kathryn E. Barrett
Represented By: Ella-Marie Smith
Represented By: Lindsay E. Ray
Represented By: David N. Kelley
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