MACK TRUCKS, INC. v. TRIPLE CITIES ACQUISITION LLC
| MACK TRUCKS, INC. |
| TRIPLE CITIES ACQUISITION LLC and TRIPLE CITIES ACQUISITION LLC A NEW YORK LIMITED LIABILITY CORPORATION doing business as TRIPLE CITIES MACK |
| 5:2020cv00245 |
| January 14, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| JOHN M GALLAGHER |
| JEFFREY L SCHMEHL |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on May 3, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Document 51 Mailed to Counsel. (er, ) |
Filing 51
ORDER THAT THE ABOVE ACTION IS DISMISSED WITH PREJUDICE, PURSUANT TO THE AGREEMENT OF COUNSEL WITHOUT COSTS. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 4/30/21. 4/30/21 ENTERED AND COPIES NOT MAILED TO ATTORNEYS AND E-MAILED.(mas, )
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| Filing 50 STIPULATION of Dismissal (Jointly Filed) by MACK TRUCKS, INC.. (PERLMAN, JULIAN) |
| COPY OF ORDER #49 MAILED TO PRO SE (jpd, ) |
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Filing 49
ORDER THAT THE JOINT MOTION TO STAY (ECF NO. 48), IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED. THIS MATTER IS HEREBY STAYED FOR 75 DAYS. THE PARTIES SHALL PROVIDE THE COURT A WRITTEN STATUS UPDATE EVERY THIRTY (30) DAYS CONCERNING THE PROPOSED TRANSFER OF OWNERSHIP AND, IF ANY, PROSPECTS FOR SETTLEMENT OR DISMISSAL OF THIS MATTER. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 3/2/21.3/3/21 ENTERED AND COPIES (NOT MAILED TO ATTORNEYS) AND E-MAILED.(er, )
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| Filing 48 Joint MOTION to Stay Action filed by TRIPLE CITIES ACQUISITION LLC.Agreed Motion for Stay.(MILLUS, ALBERT) |
| COPY OF ORDER #47 MAILED TO COUNSEL (jpd, ) |
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Filing 47
ORDER THAT THE SECOND AMENDED SCHEDULING ORDER (ECF NO. #44 ) IS AMENDED AS FOLLOWS: 1. NO LATER THAN MARCH 8, 2021, COUNSEL FOR EACH PARTY SHALL SERVE UPON COUNSEL FOR EVERY OTHER PARTY A COPY OF EACH EXHIBIT THE PARTY EXPECTS TO OFFER AT TRIAL. 2. NO LATER THAN MARCH 8, 2021, EACH PARTY SHALL FILE WITH THE CLERK OF COURT A PRETRIAL MEMORANDUM. 3. ALL MOTIONS IN LIMINE SHALL BE FILED NO LATER THAN MARCH 15, 2021. RESPONSES, IF ANY, SHALL BE FILED NO LATER THAN MARCH 22, 2021. 4. NO LATER THAN MARCH 15, 2021, ANY OBJECTIONS TO DESIGNATIONS OF DEPOSITION TESTIMONY SHALL SET FORTH THE PAGE AND LINE NUMBERS OF THE CHALLENGED TESTIMONY AND A CLEAR STATEMENT FOR THE BASIS OF THAT OBJECTION. THE OBJECTING PARTY MUST PROVIDE THE COURT WITH A COPY OF THE DEPOSITION TRANSCRIPT WITH THE CHALLENGED TESTIMONY HIGHLIGHTED. ANY OBJECTION NOT MADE IN CONFORMITY WITH THIS ORDER WILL BE DEEMED WAIVED. 5. NO LATER THAN MARCH 15, 2021, THE PARTIES SHALL FILE WITH THE CLERK OF COURT JOINT PROPOSED JURY INSTRUCTIONS ON SUBSTANTIVE ISSUES AND PROPOSED VERDICT FORMS OR SPECIAL INTERROGATORIES TO THE JURY. EACH PARTY SHALL ALSO FILE PROPOSED JURY INSTRUCTIONS, VERDICT FORMS OR SPECIAL INTERROGATORIES ON THOSE ISSUES NOT AGREED UPON BY THE PARTIES IN THEIR JOINT SUBMISSION. 6. ALL REMAINING DEADLINES REMAIN UNCHANGED.. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 2/24/21. 2/24/21 ENTERED AND COPIES NOT MAILED TO ATTORNEYS AND E-MAILED.(mas, )
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| Filing 46 Letter dated 02/24/2021 by MACK TRUCKS, INC.. (PERLMAN, JULIAN) |
| Filing 45 Letter dated 02/24/2021 by TRIPLE CITIES ACQUISITION LLC. (MILLUS, ALBERT) |
| COPY OF ORDER #44 MAILED TO COUNSEL. (fdc, ) |
| Filing 44 SECOND AMENDED ORDER THAT FINAL PRETRIAL CONFERENCE SET FOR 3/24/2021 10:30 AM BEFORE HONORABLE JOHN M. GALLAGHER; MOTION IN LIMINE DUE BY 3/8/2021; MOTION FOR SUMMARY JUDGMENT DUE BY 1/25/2021; PLAINTIFF PRETRIAL MEMO DUE BY 3/1/2021; DEFENDANT PRETRIAL MEMO DUE BY 3/1/2021; TRIAL DATE SET FOR 3/26/2021 09:00 AM BEFORE HONORABLE JOHN M. GALLAGHER; ETC. AS HEREIN. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 12/16/20. 12/16/20 ENTERED AND COPIES NOT MAILED TO ATTORNEY'S AND E-MAILED.(mas, ) |
| Filing 43 MOTION for Extension of Time to Complete Discovery - Agreed Motion to Extend Scheduling Order Deadlines filed by MACK TRUCKS, INC..Certificate of Service. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28)(PERLMAN, JULIAN) |
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Filing 42
ORDER THAT BY THE PARTIES TO THIS ACTION, BY AND THROUGH THEIR RESPECTIVE ATTORNEYS, THAT PARAGRAPH 2 OF THE COURTS SCHEDULING ORDER BE AMENDED BY AGREEMENT OF THE PARTIES AS SET FORTH BELOW: 1. ALL DEPOSITION SHALL BE COMPLETED BY JANUARY 11, 2021. 2. ALL OTHER DEADLINES SHALL REMAIN THE SAME. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 11/30/20. 12/1/20 ENTERED AND COPIES MAILED TO ATTORNEY'S AND E-MAILED.(mas, )
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| DOC. 40 MAILED TO ATTORNEYS WITHOUT EMAIL ADDRESS. (sg, ) |
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Filing 40
ORDER THAT DEFENDANTS #30 MOTION FOR PROTECTIVE ORDER AND STAY OF ACTION IS WITHDRAWN. PLAINTIFFS REQUEST FOR ATTORNEYS FEES IS DENIED. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 8/28/20.8/28/20 ENTERED AND COPIES NOT MAILED TO ATTORNEY'S AND E-MAILED.(mas, )
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| Filing 39 RESPONSE in Opposition re #30 First MOTION for Protective Order and Stay of Action (only with respect to application for Attorneys' Fees) filed by TRIPLE CITIES ACQUISITION LLC. (Attachments: #1 Text of Proposed Order Proposed Order Allowing Filing of Reply, #2 Memorandum Reply in Opposition to Attorneys' Fees Application)(MILLUS, ALBERT) |
| Filing 38 Minute Entry for proceedings held before HONORABLE JOHN M. GALLAGHER: Telephone Conference held on 8/13/20. Court Reporter: None. (er, ) |
| Filing 37 NOTICE THAT Lead counsel shall call via telephone for a Status Conference in the above-captioned matter in Chambers before Judge John M. Gallagher on Thursday, August 13, 2020 at 11:30 AM, at the United States District Court located at 504 West Hamilton Street, Suite 4701, Allentown, Pennsylvania 18101. (mas, ) |
| Filing 36 RESPONSE to Motion re #34 First MOTION for Leave to File Reply Memorandum filed by MACK TRUCKS, INC.. (PERLMAN, JULIAN) |
| Filing 35 STIPULATION re #21 Order,,, Set Scheduling Order Deadlines,, Joint Stipulation to Extend Expert and Discovery Deadlines by MACK TRUCKS, INC.**(COPY FORWARDED TO JUDGE FOR APPROVAL)**. (PERLMAN, JULIAN) Modified on 8/6/2020 (tjd). |
| Filing 34 Letter to Judge Gallagher dated August 3, 2020 for Leave to File Reply Memorandum filed by TRIPLE CITIES ACQUISITION LLC..(MILLUS, ALBERT) Modified on 8/4/2020 (tjd). |
| Filing 33 RESPONSE to Motion re #31 First Plaintiff's Brief and Statement of Issues in Support of Request for Review , #30 First MOTION for Protective Order and Stay of Action and Plaintiff's Motion to Compel Discovery Responses filed by MACK TRUCKS, INC.. (PERLMAN, JULIAN) |
| Copy of Orders 20, 21, 28 and 32 mailed to Attys. Donley, Russell, Smith. (fdc) |
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Filing 32
STIPULATION AND ORDER. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 7/20/20. 7/20/20 ENTERED AND COPIES (NOT MAILED TO ATTORNEY) AND E-MAILED.(er, )
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| Filing 31 Plaintiff's Brief in Support of #30 Motion filed by TRIPLE CITIES ACQUISITION LLC. (MILLUS, ALBERT) Modified on 7/20/2020 (tjd). Modified on 7/20/2020 (tjd). |
| Filing 30 First MOTION for Protective Order and Stay of Action filed by TRIPLE CITIES ACQUISITION LLC.Brief, Declaration, Certificate of Service. (Attachments: #1 Declaration Declaration of Albert J. Millus, Jr., Esq., #2 Declaration Declaration of Michael D. Venuti, #3 Declaration Declaration of Robert J. Seyerlein, #4 Exhibit Exhibit A - Scranton Distributor Agreement, #5 Exhibit Exhibit B - Binghamton Distributor Agreement, #6 Exhibit Exhibit C - Defendant's Response to First Set of Interrogatories, #7 Exhibit Exhibit D - Defendants Response to Requests for Admission, #8 Exhibit Exhibit E - Defendants Response to First Request for Production of Documents, #9 Exhibit Exhibit F - Mack Letter to Robert Seyerlein June 1, 2017 with Proposed New Agreement (Scranton), #10 Exhibit Exhibit G - Mack Letter to Robert Seyerlein June 1, 2017 with Proposed New Agreement (Binghamton), #11 Exhibit Exhibit H - Mack Dealer Network Policies 2017, #12 Exhibit Exhibit I - Letter Wesley Bookout to Robert Seyerlein February 26, 2018 (Binghamton), #13 Exhibit Exhibit J - Letter Wesley Bookout to Robert Seyerlein February 26, 2018 (Scranton), #14 Exhibit Exhibit K - Letter Billy Donley to Henry Cook, Robert Seyerlein, and Michael Venuti March 2, 2018, #15 Exhibit Exhibit L - E-Mail Exchange, Michael Bullins and Robert Seyerlein, June 22, 2020 and June 26, 2020, #16 Exhibit Exhibit M - MarketWatch Article January 8, 2020, #17 Exhibit Exhibit N - Wolf Street Article April 3, 2020, #18 Exhibit Exhibit O - Defendants First Demand for Production of Documents, #19 Exhibit Exhibit P - Defendants First Set of Interrogatories)(MILLUS, ALBERT) |
| Filing 29 Letter to Judge Gallagher dated 7/17/2020 for Approval of Stipulated Confidentiality filed by TRIPLE CITIES ACQUISITION LLC. (Attachments: #1 Text of Proposed Order Stipulated Confidentiality Order)(MILLUS, ALBERT) Modified on 7/20/2020 (tjd). |
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Filing 28
ORDER THAT DEFENDANT TRIPLE CITIES SHALL FULLY RESPOND TO PLAINTIFFS DISCOVERY REQUESTS, OR FILE AN APPROPRIATE MOTION, ON OR BEFORE JULY 17, 2020, OR ELSE PLAINTIFF MAY FILE A MOTION TO COMPEL. THE PARTIES SHALL JOINTLY CONTACT JUDGE GALLAGHERS CIVIL DEPUTY NO LATER THAN AUGUST 16, 2020 TO SCHEDULE A STATUS CONFERENCE REGARDING DISCOVERY PROGRESS FOR A DATE CONVENIENT TO THE COURT. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 6/16/20. 6/17/20 ENTERED AND COPIES NOT MAILED TO ATTORNEYS AND E-MAILED.(mas, )
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| Filing 27 Minute Entry for proceedings held before HONORABLE JOHN M. GALLAGHER. Telephone Conference held on 6/16/20. Telephone Conference was held before Judge John M. Gallagher. (mas, ) |
| Filing 26 Letter to Judge Gallagher dated 6/15/2020 by TRIPLE CITIES ACQUISITION LLC re #23 Notice (Other), #24 Notice of Hearing,, #25 Notice (Other) (MILLUS, ALBERT) Modified on 6/16/2020 (tjd, ). |
| Filing 25 Letter to Judge Gallagher dated 6/15/2020 by MACK TRUCKS, INC. re #23 Notice (Other) Follow Up Letter to Judge Gallagher regarding Status of Discovery Dispute (PERLMAN, JULIAN) Modified on 6/16/2020 (tjd). |
| Filing 24 NOTICE THAT Lead counsel shall call via telephone for a Status Conference in the above-captioned matter in Chambers before Judge John M. Gallagher on Tuesday, June 16, 2020 at 11:00 a.m., at the United States District Court located at 504 West Hamilton Street, Suite 4701, Allentown, Pennsylvania 18101. Lead trial counsel must attend the telephone conference. Counsel should come prepared to discuss the aforementioned correspondence. The Parties are advised that the United States Magistrate Judge assigned to this Court is the Honorable Timothy R. Rice. (mas, ) |
| Filing 23 NOTICE by MACK TRUCKS, INC. Letter to Judge Gallagher regarding Discovery Dispute (PERLMAN, JULIAN) |
| Filing 22 Minute Entry for proceedings held before HONORABLE JOHN M. GALLAGHER. Telephone Conference held on 4/21/20. Telephone Conference was held before Judge John M. Gallagher. (mas, ) (Main Document 22 replaced on 4/21/2020) (mas, ). Modified on 4/21/2020 (mas, ). |
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Filing 21
ORDER THAT FINAL PRETRIAL CONFERENCE SET FOR 12/1/2020 10:30 AM BEFORE HONORABLE JOHN M. GALLAGHER; DISCOVERY DUE BY 9/21/2020; MOTION IN LIMINE DUE BY 11/16/2020; MOTION FOR SUMMARY JUDGMENT DUE BY 9/28/2020; PLAINTIFF PRETRIAL MEMO DUE BY 11/9/2020; DEFENDANT PRETRIAL MEMO DUE BY 11/9/2020; TRIAL DATE SET FOR 12/11/2020 09:00 AM BEFORE HONORABLE JOHN M. GALLAGHER; ETC. AS HEREIN. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 4/21/20. 4/21/20 ENTERED AND COPIES NOT MAILED TO ATTORNEY'S AND E-MAILED.(mas, )
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Filing 20
ORDER THAT THE APPLICATION OF, ALBERT J. MILLUS, JR., ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 4/21/20. 4/21/20 ENTERED AND COPIES NOT MAILED TO ATTORNEY'S AND E-MAILED.(mas, )
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| Filing 19 STIPULATION of Undisputed Facts by MACK TRUCKS, INC.. (PERLMAN, JULIAN) |
| Filing 18 Joint Discovery/Case Management Plan under Rule 26(f) by MACK TRUCKS, INC. (PERLMAN, JULIAN) Modified on 4/15/2020 (tjd). |
| Filing 17 NOTICE OF INITIAL TELEPHONIC PRETRIAL CONFERENCE that PRETRIAL CONFERENCE Via telephone is SET FOR 4/21/2020 11:30 AM BEFORE HONORABLE JOHN M. GALLAGHER. (mas, ) |
| Filing 16 Disclosure Statement Form pursuant to FRCP 7.1 by TRIPLE CITIES ACQUISITION LLC.**(SEE DOCUMENT #15 FOR ORIGINAL FILING)**(tjd) |
| Filing 15 ANSWER to #1 Complaint together with Affirmative Defenses and Jury Demand by TRIPLE CITIES ACQUISITION LLC. Certificate of Service. (Attachments: #1 Corporate Disclosure, #2 Certificate of Service)(SIMONE, JEANETTE) Modified on 4/7/2020 (tjd). |
| Filing 14 APPLICATION for Admission Pro Hac Vice of Albert J. Millus, Jr. by TRIPLE CITIES ACQUISITION LLC. ( Filing fee $ 40 receipt number 0313-14219400.). (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(SIMONE, JEANETTE) |
| Filing 13 CERTIFICATE OF SERVICE by TRIPLE CITIES ACQUISITION LLC re #12 Notice of Appearance (SIMONE, JEANETTE) |
| Filing 12 NOTICE of Appearance by JEANETTE N. SIMONE on behalf of TRIPLE CITIES ACQUISITION LLC (SIMONE, JEANETTE) |
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Filing 11
ORDER THAT ON OR BEFORE APRIL 6, 2020, DEFENDANT SHALL FILE AN ANSWER TO PLAINTIFFS COMPLAINT. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 3/5/20. 3/6/20 ENTERED AND COPIES MAILED TO UNREP AND ATTORNEYS AND E-MAILED.(mas, )
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Filing 10
ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE JEFFREY L. SCHMEHL TO HONORABLE JOHN M. GALLAGHER FOR ALL FURTHER PROCEEDINGS,. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 02/28/2020. 02/28/2020 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(nd, )
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| Filing 9 WAIVER OF SERVICE Returned Executed by MACK TRUCKS, INC.. TRIPLE CITIES ACQUISITION LLC waiver sent on 1/21/2020, answer due 3/23/2020; TRIPLE CITIES ACQUISITION LLC waiver sent on 1/21/2020, answer due 3/23/2020. (PERLMAN, JULIAN) |
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Filing 8
ORDER THAT THE #7 APPLICATION OF ATTORNEY JAMES KEITH RUSSELL TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 1/23/20. 1/23/20 ENTERED AND COPIES MAILED TO ATTORNEY ALONG WITH ECF REGISTRATION FORM AND UNREP AND E-MAILED.(mas, )
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| Filing 7 MOTION for Pro Hac Vice of James Keith Russell ( Filing fee $ 40 receipt number 0313-14059918.) filed by MACK TRUCKS, INC..Certificate of Service.(PERLMAN, JULIAN) |
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Filing 6
ORDER THAT THE #4 APPLICATION OF ATTORNEY BILLY M. DONLEY, TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 1/21/20. 1/21/20 ENTERED AND COPIES MAILED TO UNREP AND TO ATTORNEY ALONG WITH ECF REGISTRATION FORM AND E-MAILED.(mas, )
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Filing 5
ORDER THAT THE #3 APPLICATION OF ATTORNEY MARK E. SMITH, TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 1/21/20. 1/21/20 ENTERED AND COPIES MAILED TO UNREP AND TO ATTORNEY ALONG WITH ECF REGISTRATION FORM AND E-MAILED.(mas, )
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| Filing 4 MOTION for Pro Hac Vice of Billy M. Donley ( Filing fee $ 40 receipt number 0313-14051291.) filed by MACK TRUCKS, INC..Certificate of Service.(PERLMAN, JULIAN) |
| Filing 3 MOTION for Pro Hac Vice of Mark E. Smith ( Filing fee $ 40 receipt number 0313-14051225.) filed by MACK TRUCKS, INC..Certificate of Service.(PERLMAN, JULIAN) |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 Identifying Corporate Parent AKTIEBOLAGET VOLVO for MACK TRUCKS, INC.. by MACK TRUCKS, INC..(bw, ) |
| Filing 1 COMPLAINT (AND EXHIBITS 1-18) against TRIPLE CITIES ACQUISITION LLC ( Filing fee $ 400 receipt number PPE209754.), filed by MACK TRUCKS, INC.. (Attachments: #1 Exhibit 19-END)(bw, ) |
| 1 Summons Issued as to TRIPLE CITIES ACQUISITION LLC. Forwarded To: COUNSEL on 1/15/2020 (bw, ) |
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