In Re: Aldrich Pump LLC et al
| Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust, The Babcock & Wilcox Company Asbestos PI Trust, Celotex Asbestos Settlement Trust, DII Industries, LLC Asbestos PI Trust, Federal-Mogul Asbestos Personal Injury Trust, Flintkote Asbestos Trust, Owens Corning / Fibreboard Asbestos Personal Injury Trust, Pittsburgh Corning Corporation Asbestos Personal Injury Settlement Trust, United States Gypsum Asbestos Personal Injury Settlement Trust and WRG Asbestos PI Trust |
| Aldrich Pump LLC and Murray Boiler LLC |
| Delaware Claims Processing Facility, LLC, Certain Matching Claimants and Kazan McClain Matching Claimants |
| 3:2022mc00166 |
| September 27, 2022 |
| US District Court for the Western District of North Carolina |
| Charlotte Office |
| David S Cayer |
| Robert J Conrad |
| Other Statutory Actions |
| Motion to Quash |
| None |
Docket Report
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Filing 44
Order that this matter is REFERRED to the United States Bankruptcy Court for the Western District of North Carolina. The Clerk of Court is directed to close this case. Signed by District Judge Robert J. Conrad, Jr on 9/30/2022. (brl)
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Filing 43
ORDER granting #42 Motion for Leave to Appear Pro Hac Vice added Daniel K. Hogan for Certain Matching Claimants (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 9/30/2022. (mek)
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| Notice to Daniel K. Hogan: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 10/11/2022. (mek) |
| Filing 42 MOTION for Leave to Appear Pro Hac Vice as to Daniel K. Hogan Filing fee $ 288, receipt number ANCWDC-5767793. by Certain Matching Claimants. (Waldrep, Thomas). Motions referred to David S. Cayer. |
| Notice to Beth Moskow-Schnoll, Tyler B. Burns, Kelly E. Farnan, Kevin A. Guerke, Daniel K. Hogan, William D. Sullivan: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. (Attorney served via NEF) Deadline by 10/5/2022. (rth) |
| Filing 41 Case transferred in from District of Delaware; Case Number 1:22-mc-00308. Original electronic file and docket sheet received. |
| Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David S. Cayer. Motions referred to David S. Cayer: #1 MOTION to Quash, #14 MOTION to Proceed Anonymously re #13 MOTION to Quash Non-Party Certain Matching Claimants' (I) Motion to Quash or Modify Subpoenas and (II) Joinders , #13 MOTION to Quash Non-Party Certain Matching Claimants' (I) Motion to Quash or Modify Subpoenas and (II) Joinders, #3 MOTION to Quash , #15 MOTION to Quash and Joinders in Third Party Asbestos Trusts and Delaware Claims Processing Facility, LLCs Motions to Quash or Modify Subpoenas This is your only notice - you will not receive a separate document.(rth) |
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ORAL ORDER re (51 in 1:22-mc-00139-CFC, 40 in 1:22-mc-00308-CFC, 76 in 1:21-mc-00141-CFC) Memorandum Order. IT IS ORDERED that miscellaneous case numbers 1:22-mc-00139-CFC, 1:22-mc-00308-CFC and 1:21-mc-00141-CFC are transferred to the United States District Court for the Western District of North Carolina for transfer to the United States Bankruptcy Court for the Western District of North Carolina. Ordered by Judge Colm F. Connolly on 9/27/2022. Associated Cases: 1:21-mc-00141-CFC, 1:22-mc-00139-CFC, 1:22-mc-00308-CFC(nmf) [Transferred from Delaware on 9/27/2022.]
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Filing 40
MEMORANDUM ORDER. (i) All remaining subpoena-related motions in Misc. No. 21-141-CFC, are TRANSFERRED to the Issuing Court; (ii) The Aldrich Motion to Transfer (Misc. No. 22-139-CFC, D.I. 16) is GRANTED; and (iii) The DBMP Motion to Transfer (Misc. No. 22-308-CFC, D.I. 17) is GRANTED. Signed by Judge Colm F. Connolly on 9/26/2022. Associated Cases: 1:21-mc-00141-CFC, 1:22-mc-00139-CFC, 1:22-mc-00308-CFC(kmd) [Transferred from Delaware on 9/27/2022.]
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| Filing 39 REPLY BRIEF re #17 MOTION to Transfer Subpoena-Related Motions to the Issuing Court, The United States Bankruptcy Court for the Western District of North Carolina re #14 MOTION to Proceed Anonymously re #13 MOTION to Quash Non-Party Certain Matching Claim filed by Aldrich Pump LLC, Murray Boiler LLC. (Farnan, Kelly) [Transferred from Delaware on 9/27/2022.] |
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Filing 38
SO ORDERED, re #37 Stipulation Regarding Word Count of Reply Brief, filed by Aldrich Pump LLC, Murray Boiler LLC. Signed by Judge Colm F. Connolly on 9/21/2022. (kmd) [Transferred from Delaware on 9/27/2022.]
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| Filing 37 STIPULATION Regarding Word Count of Reply Brief by Aldrich Pump LLC, Murray Boiler LLC. (Farnan, Kelly) [Transferred from Delaware on 9/27/2022.] |
| Filing 36 DECLARATION re #35 Answering Brief in Opposition,, Declaration of Daniel K. Hogan Regarding Exhibit A to Certain Matching Claimants' Brief in Opposition to Motion to Transfer by Certain Matching Claimants. (Hogan, Daniel) [Transferred from Delaware on 9/27/2022.] |
| CORRECTING ENTRY: D.I. #35 main document and attachment replaced per counsels request. (apk) [Transferred from Delaware on 9/27/2022.] |
| Filing 35 ANSWERING BRIEF in Opposition re #17 MOTION to Transfer Subpoena-Related Motions to the Issuing Court, The United States Bankruptcy Court for the Western District of North Carolina re #14 MOTION to Proceed Anonymously re #13 MOTION to Quash Non-Party Certain Matching Claim filed by Certain Matching Claimants. Reply Brief due date per Local Rules is 9/21/2022. (Attachments: #1 Exhibit)(Hogan, Daniel) (Main Document 35 replaced on 9/15/2022) (apk). (Attachment 1 replaced on 9/15/2022) (apk). Modified on 9/15/2022 (kmd). [Transferred from Delaware on 9/27/2022.] |
| Filing 34 RESPONSE to Motion re #17 MOTION to Transfer Subpoena-Related Motions to the Issuing Court, The United States Bankruptcy Court for the Western District of North Carolina re #14 MOTION to Proceed Anonymously re #13 MOTION to Quash Non-Party Certain Matching Claim filed by Delaware Claims Processing Facility, LLC. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Guerke, Kevin) [Transferred from Delaware on 9/27/2022.] |
| Filing 33 DECLARATION re #32 Answering Brief in Opposition, by Kazan McClain Matching Claimants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Sullivan, William) [Transferred from Delaware on 9/27/2022.] |
| Filing 32 ANSWERING BRIEF in Opposition re #17 MOTION to Transfer Subpoena-Related Motions to the Issuing Court, The United States Bankruptcy Court for the Western District of North Carolina re #14 MOTION to Proceed Anonymously re #13 MOTION to Quash Non-Party Certain Matching Claim filed by Kazan McClain Matching Claimants.Reply Brief due date per Local Rules is 9/21/2022. (Sullivan, William) [Transferred from Delaware on 9/27/2022.] |
| Filing 31 ANSWERING BRIEF in Opposition re #17 MOTION to Transfer Subpoena-Related Motions to the Issuing Court, The United States Bankruptcy Court for the Western District of North Carolina re #14 MOTION to Proceed Anonymously re #13 MOTION to Quash Non-Party Certain Matching Claim filed by Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust, Celotex Asbestos Settlement Trust, DII Industries, LLC Asbestos PI Trust, Federal-Mogul Asbestos Personal Injury Trust, Flintkote Asbestos Trust, Owens Corning/ Fibreboard Asbestos Personal Injury Trust, Pittsburgh Corning Corporation Asbestos Personal Injury Settlement Trust, The Babcock & Wilcox Company Asbestos PI Trust, United States Gypsum Asbestos Personal Injury Settlement Trust, WRG Asbestos PI Trust.Reply Brief due date per Local Rules is 9/21/2022. (Attachments: #1 Text of Proposed Order)(Burns, Tyler) [Transferred from Delaware on 9/27/2022.] |
| Filing 30 JOINDER by Kazan McClain Matching Claimants, joining in #26 Reply to Response to Motion, in Support of (I) Motion to Quash or Modify Subpoenas and (II) Joinders. (Sullivan, William) [Transferred from Delaware on 9/27/2022.] |
| Filing 29 JOINDER by Kazan McClain Matching Claimants, joining in #14 Motion for Miscellaneous Relief, #27 Reply to Response to Motion, to Proceed Anonymously. (Sullivan, William) [Transferred from Delaware on 9/27/2022.] |
| Filing 28 REQUEST for Oral Argument by Aldrich Pump LLC, Murray Boiler LLC re #17 MOTION to Transfer Subpoena-Related Motions to the Issuing Court, The United States Bankruptcy Court for the Western District of North Carolina re #14 MOTION to Proceed Anonymously re #13 MOTION to Quash Non-Party Certain Matching Claim, #14 MOTION to Proceed Anonymously re #13 MOTION to Quash Non-Party Certain Matching Claimants' (I) Motion to Quash or Modify Subpoenas and (II) Joinders , #1 MOTION to Quash, #3 MOTION to Quash , #13 MOTION to Quash Non-Party Certain Matching Claimants' (I) Motion to Quash or Modify Subpoenas and (II) Joinders, #15 MOTION to Quash and Joinders in Third Party Asbestos Trusts and Delaware Claims Processing Facility, LLCs Motions to Quash or Modify Subpoenas. (Farnan, Kelly) [Transferred from Delaware on 9/27/2022.] |
| Filing 27 REPLY to Response to Motion re #14 MOTION to Proceed Anonymously re #13 MOTION to Quash Non-Party Certain Matching Claimants' (I) Motion to Quash or Modify Subpoenas and (II) Joinders , #1 MOTION to Quash, #3 MOTION to Quash , #13 MOTION to Quash Non-Party Certain Matching Claimants' (I) Motion to Quash or Modify Subpoenas and (II) Joinders filed by Certain Matching Claimants. (Attachments: #1 Exhibit)(Hogan, Daniel)[Transferred from Delaware on 9/27/2022.] |
| Filing 26 REPLY to Response to Motion re #1 MOTION to Quash, #3 MOTION to Quash , #13 MOTION to Quash Non-Party Certain Matching Claimants' (I) Motion to Quash or Modify Subpoenas and (II) Joinders filed by Certain Matching Claimants. (Hogan, Daniel) [Transferred from Delaware on 9/27/2022.] |
| Filing 25 DECLARATION re #24 Answering Brief in Opposition, by Aldrich Pump LLC, Murray Boiler LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Kelly) [Transferred from Delaware on 9/27/2022.] |
| Filing 24 ANSWERING BRIEF in Opposition re #14 MOTION to Proceed Anonymously re #13 MOTION to Quash Non-Party Certain Matching Claimants' (I) Motion to Quash or Modify Subpoenas and (II) Joinders filed by Aldrich Pump LLC, Murray Boiler LLC.Reply Brief due date per Local Rules is 9/13/2022. (Attachments: #1 Certificate of Compliance)(Farnan, Kelly) [Transferred from Delaware on 9/27/2022.] |
| Filing 23 REPLY to Response to Motion re #3 MOTION to Quash filed by Delaware Claims Processing Facility, LLC. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Guerke, Kevin) [Transferred from Delaware on 9/27/2022.] |
| Filing 22 DECLARATION re #21 Answering Brief in Opposition, of Kelly E. Farnan by Aldrich Pump LLC, Murray Boiler LLC. (Attachments: #1 Exhibit A)(Farnan, Kelly) [Transferred from Delaware on 9/27/2022.] |
| Filing 21 ANSWERING BRIEF in Opposition re #13 MOTION to Quash Non-Party Certain Matching Claimants' (I) Motion to Quash or Modify Subpoenas and (II) Joinders, #15 MOTION to Quash and Joinders in Third Party Asbestos Trusts and Delaware Claims Processing Facility, LLCs Motions to Quash or Modify Subpoenas filed by Aldrich Pump LLC, Murray Boiler LLC.Reply Brief due date per Local Rules is 9/13/2022. (Farnan, Kelly) [Transferred from Delaware on 9/27/2022.] |
| Filing 20 REPLY BRIEF re #1 MOTION to Quash filed by Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust, Celotex Asbestos Settlement Trust, DII Industries, LLC Asbestos PI Trust, Federal-Mogul Asbestos Personal Injury Trust, Flintkote Asbestos Trust, Owens Corning/ Fibreboard Asbestos Personal Injury Trust, Pittsburgh Corning Corporation Asbestos Personal Injury Settlement Trust, The Babcock & Wilcox Company Asbestos PI Trust, United States Gypsum Asbestos Personal Injury Settlement Trust, WRG Asbestos PI Trust. (Burns, Tyler) [Transferred from Delaware on 9/27/2022.] |
| Filing 19 DECLARATION re #18 Opening Brief in Support, Kelly E. Farnan by Aldrich Pump LLC, Murray Boiler LLC. (Attachments: #1 Exhibit A-C)(Farnan, Kelly) [Transferred from Delaware on 9/27/2022.] |
| Filing 18 OPENING BRIEF in Support re #17 MOTION to Transfer Subpoena-Related Motions to the Issuing Court, The United States Bankruptcy Court for the Western District of North Carolina re #14 MOTION to Proceed Anonymously re #13 MOTION to Quash Non-Party Certain Matching Claim filed by Aldrich Pump LLC, Murray Boiler LLC.Answering Brief/Response due date per Local Rules is 9/14/2022. (Farnan, Kelly) [Transferred from Delaware on 9/27/2022.] |
| Filing 17 MOTION to Transfer Subpoena-Related Motions to the Issuing Court, The United States Bankruptcy Court for the Western District of North Carolina re #14 MOTION to Proceed Anonymously re #13 MOTION to Quash Non-Party Certain Matching Claimants' (I) Motion to Quash or Modify Subpoenas and (II) Joinders , #1 MOTION to Quash, #3 MOTION to Quash , #13 MOTION to Quash Non-Party Certain Matching Claimants' (I) Motion to Quash or Modify Subpoenas and (II) Joinders, #15 MOTION to Quash and Joinders in Third Party Asbestos Trusts and Delaware Claims Processing Facility, LLCs Motions to Quash or Modify Subpoenas - filed by Aldrich Pump LLC, Murray Boiler LLC. (Attachments: #1 7.1.1 Certification, #2 Text of Proposed Order Proposed Order)(Farnan, Kelly) [Transferred from Delaware on 9/27/2022.] |
| Filing 16 NOTICE of Withdrawal of Motion to Stay by Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust, Celotex Asbestos Settlement Trust, DII Industries, LLC Asbestos PI Trust, Federal-Mogul Asbestos Personal Injury Trust, Flintkote Asbestos Trust, Owens Corning/ Fibreboard Asbestos Personal Injury Trust, Pittsburgh Corning Corporation Asbestos Personal Injury Settlement Trust, The Babcock & Wilcox Company Asbestos PI Trust, United States Gypsum Asbestos Personal Injury Settlement Trust, WRG Asbestos PI Trust re #9 MOTION to Stay Third-Party Asbestos Trusts' Motion To Stay (Burns, Tyler) [Transferred from Delaware on 9/27/2022.] |
| CORRECTING ENTRY: D.I. #13 and #14 Main Documents and Exhibit A have been replaced per counsels request. (apk) [Transferred from Delaware on 9/27/2022.] |
| Filing 15 MOTION to Quash and Joinders in Third Party Asbestos Trusts and Delaware Claims Processing Facility, LLCs Motions to Quash or Modify Subpoenas - filed by Kazan McClain Matching Claimants. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(Sullivan, William) [Transferred from Delaware on 9/27/2022.] |
| Filing 14 MOTION to Proceed Anonymously re #13 MOTION to Quash Non-Party Certain Matching Claimants' (I) Motion to Quash or Modify Subpoenas and (II) Joinders - filed by Certain Matching Claimants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order, #4 Certificate of Service)(Hogan, Daniel) (Main Document 14 replaced on 8/24/2022) (apk). (Attachment 1 replaced on 8/24/2022) (apk). [Transferred from Delaware on 9/27/2022.] |
| Filing 13 MOTION to Quash Non-Party Certain Matching Claimants' (I) Motion to Quash or Modify Subpoenas and (II) Joinders - filed by Certain Matching Claimants. (Attachments: #1 Exhibit A, #2 Proposed Order, #3 Certificate of Service)(Hogan, Daniel) (Main Document 13 replaced on 8/24/2022) (apk). (Attachment 1 replaced on 8/24/2022) (apk). [Transferred from Delaware on 9/27/2022.] |
| Filing 12 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Trane U.S. Inc., Other Affiliate Trane Technologies plc, Other Affiliate Trane Technologies Company LLC, Other Affiliate Trane Technologies Global Holding Company Limited, Other Affiliate Trane Technologies HoldCo Inc., Other Affiliate Trane Technologies Irish Holdings Unlimited Company, Other Affiliate Trane Technologies Lux International Holding Company S. r.l, Other Affiliate Murray Boiler Holdings LLC, Other Affiliate Trane Inc., Other Affiliate TUI Holdings Inc. for Murray Boiler LLC; Other Affiliate Trane Technologies plc, Other Affiliate Trane Technologies Global Holding Company Limited, Other Affiliate Trane Technologies HoldCo Inc., Other Affiliate Trane Technologies Irish Holdings Unlimited Company, Other Affiliate Trane Technologies Lux International Holding Company S. r.l for Aldrich Pump LLC filed by Aldrich Pump LLC, Murray Boiler LLC. (Farnan, Kelly) [Transferred from Delaware on 9/27/2022.] |
| Filing 11 DECLARATION re #10 Memorandum in Opposition, Kelly E. Farnan by Aldrich Pump LLC, Murray Boiler LLC. (Attachments: #1 Exhibit A-R)(Farnan, Kelly) [Transferred from Delaware on 9/27/2022.] |
| Filing 10 MEMORANDUM in Opposition re #3 MOTION to Quash , #9 MOTION to Stay Third-Party Asbestos Trusts' Motion To Stay filed by Aldrich Pump LLC, Murray Boiler LLC.Reply Brief due date per Local Rules is 8/29/2022. (Farnan, Kelly) [Transferred from Delaware on 9/27/2022.] |
| Filing 9 MOTION to Stay Third-Party Asbestos Trusts' Motion To Stay - filed by Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust, Celotex Asbestos Settlement Trust, DII Industries, LLC Asbestos PI Trust, Federal-Mogul Asbestos Personal Injury Trust, Flintkote Asbestos Trust, Owens Corning/ Fibreboard Asbestos Personal Injury Trust, Pittsburgh Corning Corporation Asbestos Personal Injury Settlement Trust, The Babcock & Wilcox Company Asbestos PI Trust, United States Gypsum Asbestos Personal Injury Settlement Trust, WRG Asbestos PI Trust. (Attachments: #1 Text of Proposed Order)(Moskow-Schnoll, Beth) [Transferred from Delaware on 9/27/2022.] |
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Filing 8
SO ORDERED, re #7 STIPULATION TO EXTEND TIME to Respond to Motion to Quash or Modify Subpoenas to through and including August 22, 2022, and File a Reply Brief to through and including September 6, 2022 filed by Aldrich Pump LLC, Murray Boiler LLC. Reset Briefing Schedule: re #3 MOTION to Quash . Answering Brief due 8/22/2022. Reply Brief due 9/6/2022. Signed by Judge Colm F. Connolly on 8/9/2022. (kmd) [Transferred from Delaware on 9/27/2022.]
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| Filing 7 STIPULATION TO EXTEND TIME to Respond to Motion to Quash or Modify Subpoenas to through and including August 22, 2022 and File a Reply Brief to through and including September 6, 2022 - filed by Aldrich Pump LLC, Murray Boiler LLC. (Farnan, Kelly) [Transferred from Delaware on 9/27/2022.] |
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Filing 6
SO ORDERED, re #5 STIPULATION TO EXTEND TIME to Respond to Motion to Quash or Modify Subpoenas to through and including August 22, 2022 and File a Reply Brief to through and including September 6, 2022, filed by Aldrich Pump LLC, Murray Boiler LLC. Reset Briefing Schedule: re #1 MOTION to Quash. Answering Brief due 8/22/2022., Reply Brief due 9/6/2022 Signed by Judge Colm F. Connolly on 8/8/2022. (kmd) [Transferred from Delaware on 9/27/2022.]
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| Filing 5 STIPULATION TO EXTEND TIME to Respond to Motion to Quash or Modify Subpoenas to through and including August 22, 2022 and File a Reply Brief to through and including September 6, 2022 - filed by Aldrich Pump LLC, Murray Boiler LLC. (Farnan, Kelly) [Transferred from Delaware on 9/27/2022.] |
| Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) [Transferred from Delaware on 9/27/2022.] |
| Filing 4 DECLARATION re #3 MOTION to Quash by Delaware Claims Processing Facility, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service)(Guerke, Kevin) [Transferred from Delaware on 9/27/2022.] |
| Filing 3 MOTION to Quash - filed by Delaware Claims Processing Facility, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Certificate of Service)(Guerke, Kevin) [Transferred from Delaware on 9/27/2022.] |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) [Transferred from Delaware on 9/27/2022.] |
| Filing 1 MOTION to Quash - filed by Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust, Celotex Asbestos Settlement Trust, DII Industries, LLC Asbestos PI Trust, Federal-Mogul Asbestos Personal Injury Trust, Flintkote Asbestos Trust, Owens Corning/ Fibreboard Asbestos Personal Injury Trust, Pittsburgh Corning Corporation Asbestos Personal Injury Settlement Trust, The Babcock & Wilcox Company Asbestos PI Trust, United States Gypsum Asbestos Personal Injury Settlement Trust, WRG Asbestos PI Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Text of Proposed Order, #11 Certificate of Service, #12 Civil Cover Sheet)(apk) [Transferred from Delaware on 9/27/2022.] |
| Remark: Case Submitted for Routine Judicial Assignment. (apk) [Transferred from Delaware on 9/27/2022.] |
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