Adams v. Boston Scientific Corporation et al
| Denise Adams, David Adams, Jennifer Anderson, Jason Anderson, Loretta Arzaga, Kristin Avilla, Frank Avilla, Lori Baerman, Lawrence Baerman, Jeanette Ballato, Victor Ballato, Christie Banford, Linda Barkwell, Julie Beebe, Robert Beebe, Sharon Berndt, Brenda Biggers, Tammy Bradley, Christine Brenner, Robert Justice, Dorothea Bressler, Bill Bressler, Eve Brown, James Brown, Julie Brown, Pamela Cail, Ernie Cail, Kathy Carlson, Thomas Carlson, Melissa Carothers-Brooker, Dick Brooker, Elizabeth Carroll, Carolyn Catoe, Regina Collins, Kalista Cook, Terry Cook, Kimberly Cook, Christopher Cook, Teresa Cooper, James Cooper, Edna Copenhaver, Freddy Copenhaver, Devaney Covington, Teresa Czekalski, Joe Czekalski, Lori Day, Max Day, Rebecca Dean, Donald Dean, Rebecca Delsignore, Chanin Elrick, Steven Elrick, Jessica Foster, Troy Joseph, Vicki Fredrick, Benjamin Vinson, Suzanne Fried, Roy Fried, Marisa Garner, Maurya Gill, Kenny Gill, Kathy Gindler and Sharon Goodwyn |
| American Medical Systems, Inc., C. R. Bard, Inc., Boston Scientific Corporation, Ethicon, Inc., Coloplast Corporation and Does 1-500 |
| 2:2014cv00586 |
| January 7, 2014 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| XX US, Outside State |
| Joseph R Goodwin |
| Personal Injury- Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 45
ORDER granting the Motion by Lana K. Varney for Change of Address filed in MDL 2387; the Clerk is directed to update Lana K. Varney's address in MDL Nos. 2187, 2325, 2326, 2327, 2387, 2440 and 2511 and for each individual member case associated with the MDLs in which Lana K. Varney appears. Signed by Judge Joseph R. Goodwin on 10/24/2019. (cc: counsel of record; any unrepresented party) (kew) (ADI)
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Filing 44
ORDER granting the Motions filed in MDL 2326 by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2326 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2326 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (lca) (ADI)
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Filing 43
STIPULATION OF DISMISSAL/ORDER Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, this action is dismissed with prejudice, parties to bear their own costs and expenses. Signed by Judge Joseph R. Goodwin on 4/10/2018. (cc: attys; any unrepresented party) (kab)
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| Filing 42 STIPULATION OF DISMISSAL by Ethicon, Inc., Denise Adams, David Adams (Thomas, David) (Modified on 4/8/2018 to add party filer)(ts). |
| Filing 41 MOTION by Boston Scientific Corporation to Dismiss With Prejudice (Strongman, Jon) |
| Filing 40 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lana K. Varney on behalf of Coloplast Corporation. (Varney, Lana) |
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Filing 39
PRETRIAL ORDER # 175 (Docket Control Order - Boston Scientific Corp. Wave 4 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING BOSTON SCIENTIFIC CORPORATION CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 4 cases") becomes subject to the deadlines in this Docket Control Order. The following deadlines apply in all Wave 4 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 4 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2326; BSC Wave 4 Cases Listed on Exhibit A) (mek) (ADI)
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| Filing 38 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) |
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Filing 37
ORDER granting #36 JOINT MOTION by American Medical Systems, Inc., Denise Adams, David Adams to Dismiss Defendant American Medical Systems, Inc. Without Prejudice and MOTION by Denise Adams, David Adams to Transfer MDLs; directing the Clerk to disassociate this civil action as a member case in MDL 2325 and re-associate it with MDL 2326. Signed by Judge Joseph R. Goodwin on 7/7/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (brn)
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| Filing 36 JOINT MOTION by American Medical Systems, Inc., Denise Adams, David Adams to Dismiss Defendant American Medical Systems, Inc. Without Prejudice and MOTION by Denise Adams, David Adams to Transfer MDLs (Binis, Barbara). (Modified on 7/6/2017 to add party filers) (skh). |
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Filing 35
ORDER (Dismissing Defendant C. R. Bard, Inc. with Prejudice) granting the Joint Motion to Dismiss Defendant C. R. Bard, Inc. with Prejudice filed in MDL 2325 by plaintiffs, identified on the attached Exhibits A-B, and C. R. Bard, Inc., seeking dismissal of Bard from these actions with prejudice because all claims between them have been compromised and settled; the Clerk is directed to dismiss C. R. Bard, Inc. from the actions listed on the attached Exhibits A-B. Signed by Judge Joseph R. Goodwin on 3/10/2017. (cc: attys; any unrepresented party) (REF: MDL 2325; Cases Listed on Exhibits A-B) (kp)
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| Filing 34 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) |
| Filing 33 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc.. (Sutherland, Kari) |
| Filing 32 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc.. (Gage, William) |
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Filing 31
PRETRIAL ORDER # 180 (Final Order Regarding Severance of Actions) Having received no objections pursuant to PTO # 146 entered 3/14/2014, and having received no additional filings pursuant to the 3/26/2014 order entered in the member case extending plaintiffs' time until 5/28/2014 to comply with PTO # 146, directing that, except for the first named plaintiff (and any derivative plaintiffs claiming under her in the following case, if any), the remaining plaintiffs be dismissed without prejudice in the following case: 2:14-cv-00586 Adams, et al. v. AMS, Inc., et al. Signed by Judge Joseph R. Goodwin on 6/4/2014. (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2325, 2:12-md-02325 and 2:14-cv-00586-Adams, et al.) (ras)
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| Filing 30 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc.. (Thomas, David) |
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Filing 29
ORDER denying as moot #27 REQUEST by Plaintiffs for Additional Time to Comply with #25 Pretrial Order #146. Signed by Judge Joseph R. Goodwin on 3/26/2014. (cc: attys; any unrepresented party) (skh)
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Filing 28
ORDER granting #26 REQUEST by All Plaintiffs for Additional Time to Comply with #23 Pretrial Order #146 until 5/28/2014. Signed by Judge Joseph R. Goodwin on 3/26/2014. (cc: attys; any unrepresented party) (skh)
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| Filing 27 REQUEST by Jason Anderson, Jennifer Anderson, Loretta Arzaga, Frank Avilla, Kristin Avilla, Lawrence Baerman, Lori Baerman, Jeanette Ballato, Victor Ballato, Christie Banford, Linda Barkwell, Julie Beebe, Robert Beebe, Sharon Berndt, Brenda Biggers, Tammy Bradley, Christine Brenner, Bill Bressler, Dorothea Bressler, Dick Brooker, Eve Brown, James Brown, Julie Brown, Ernie Cail, Pamela Cail, Kathy Carlson, Thomas Carlson, Melissa Carothers-Brooker, Elizabeth Carroll, Carolyn Catoe, Regina Collins, Christopher Cook, Kalista Cook, Kimberly Cook, Terry Cook, James Cooper, Teresa Cooper, Edna Copenhaver, Freddy Copenhaver, Devaney Covington, Joe Czekalski, Teresa Czekalski, Lori Day, Max Day, Donald Dean, Rebecca Dean, Rebecca Delsignore, Chanin Elrick, Steven Elrick, Jessica Foster, Vicki Fredrick, Roy Fried, Suzanne Fried, Marisa Garner, Kenny Gill, Maurya Gill, Kathy Gindler, Sharon Goodwyn, Troy Joseph, Robert Justice, Benjamin Vinson for Additional Time to Comply with #25 Pretrial Order #146. (Brady, Steven) |
| Filing 26 REQUEST by All Plaintiffs for Additional Time to Comply with #23 Pretrial Order #146. (Brady, Steven) |
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Filing 25
PRETRIAL ORDER # 146 (Initial Order Regarding Severance of Actions) The Court finds that multiple plaintiff complaints should be severed; the filing of individual severed complaints is directed as set forth more fully herein and on Exhibits A and B; except for the first named and derivative plaintiff(s) and any plaintiff(s) who object, the remaining plaintiffs in the cases listed on Exhibit A will be dismissed without prejudice on or around 3/28/2014; objections to this PTO due on/by 3/24/2014. Signed by Judge Joseph R. Goodwin on 3/14/2014. (Attachments: #1 Exhibit A, #2 Exhibit B) (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2325; 2:14-cv-00586-Adams, et al.) (maw)
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| Filing 24 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc.. (Jones, Christy) |
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Filing 23
ORDER: Based on representation of counsel that J. David Bickham no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where he appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 3/5/2014. (cc: attys; any unrepresented party) (klc)
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| Filing 22 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) |
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Filing 21
ORDER granting #20 MOTION by Michelle A. Childers, Sally Francis White and the law firm Drinker Biddle & Reath LLP to Withdraw as California Counsel on behalf of Ethicon, Inc. Signed by Judge Joseph R. Goodwin on 1/21/2014. (cc: attys; any unrepresented party) (skh)
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| Filing 20 MOTION by Michelle A. Childers, Sally Francis White and the law firm Drinker Biddle & Reath LLP to Withdraw as California Counsel on behalf of Ethicon, Inc. (skh) |
| Filing 19 TRANSMITTED PRETRIAL ORDER # 105 (THIRD AMENDED ORDER REGARDING DELAYED FILING AND APPLICATION TO THE STATUTE OF LIMITATIONS) entered on 01/03/2014 in MDL 2325 to attorneys in member case. (Attachment: #1 Notice of Service Under Delayed Filing Agreement Form) (cbo) |
| Filing 18 CASE TRANSFERRED IN from the California Northern; Case Number 3:13-cv-05795. Original file certified copy of transfer order and docket sheet received. |
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Filing 17
MDL CONDITIONAL TRANSFER ORDER (CTO-144) to the USDC for the Southern District of West Virginia (MDL NO. 2325). Signed by Judge Jeffrey N. Luthi on 1/7/14. (ysS, COURT STAFF) (Filed on 1/7/2014) [Transferred from California Northern on 1/7/2014.]
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Filing 16
ORDER by Judge Susan Illston signed on 12/23/13granting #13 Stipulation to stay case pending MDL decision to transfer. (tfS, COURT STAFF) (Filed on 12/26/2013) [Transferred from California Northern on 1/7/2014.]
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| Filing 15 CERTIFICATE OF SERVICE by American Medical Systems, Inc. re #1 Notice of Removal, (Combs, Lynn) (Filed on 12/23/2013) [Transferred from California Northern on 1/7/2014.] |
| Filing 14 CLERKS NOTICE Continuing Motion Hearing. Motion Hearing set for 1/31/14 is continued to 2/7/2014 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. THIS IS A DOCKET TEXT ENTRY ONLY, THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE., Set/Reset Deadlines as to #12 MOTION to Stay Notice of Motion and Defendant's Stipulated Motion to Stay All Proceedings Pending a Decision to Transfer to MDL No. 2325, In Re American Medical Systems, INc., Pelvic Repair System Products Litigation. (tfS, COURT STAFF) (Filed on 12/23/2013) [Transferred from California Northern on 1/7/2014.] |
| Filing 13 STIPULATION WITH PROPOSED ORDER re #12 MOTION to Stay Notice of Motion and Defendant's Stipulated Motion to Stay All Proceedings Pending a Decision to Transfer to MDL No. 2325, In Re American Medical Systems, INc., Pelvic Repair System Products Litigation filed by Ethicon, Inc.. (Childers, Michelle) (Filed on 12/20/2013) [Transferred from California Northern on 1/7/2014.] |
| Filing 12 MOTION to Stay Notice of Motion and Defendant's Stipulated Motion to Stay All Proceedings Pending a Decision to Transfer to MDL No. 2325, In Re American Medical Systems, INc., Pelvic Repair System Products Litigation filed by Ethicon, Inc.. Motion Hearing set for 1/31/2014 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 1/3/2014. Replies due by 1/10/2014. (Attachments: #1 Declaration Declaration of Michelle A. Childers in Support of Defendant's Stipulated Motion to Stay, #2 Exhibit A to Declaration of Michelle A. Childers in Support of Motion to Stay, #3 Exhibit B to Declaration of Michelle A. Childers in Support of Motion to Stay, #4 Exhibit C to Declaration of Michelle A. Childers in Support of to Stay, #5 Exhibit D to Declaration of Michelle A. Childers in Support of Defendant's Stipulated Motion to Stay, #6 Exhibit E to Declaration of Michelle A. Childers in Support of Motion to Stay, #7 Exhibit F to Declaration of Michelle A. Childers in Support of Motion to Stay, #8 Exhibit G to Declaration of Michelle A. Childers in Support of Motion to Stay, #9 Exhibit H to Declaration of Michelle A. Childers in Support of Motion to Stay)(Childers, Michelle) (Filed on 12/20/2013) [Transferred from California Northern on 1/7/2014.] |
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Filing 11
ORDER, Case reassigned to Hon. Susan Illston. Hon. Edward M. Chen no longer assigned to the case.. Signed by Executive Committee on 12/19/13. (ha, COURT STAFF) (Filed on 12/19/2013) [Transferred from California Northern on 1/7/2014.]
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Filing 10
ORDER OF RECUSAL. Signed by Judge Edward M. Chen on 12/19/13. (bpf, COURT STAFF) (Filed on 12/19/2013) [Transferred from California Northern on 1/7/2014.]
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Filing 9
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Edward M. Chen for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. Signed by the Executive Committee on December 18, 2013. (cjl, COURT STAFF) (Filed on 12/18/2013) [Transferred from California Northern on 1/7/2014.]
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| Filing 8 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (cjl, COURT STAFF) (Filed on 12/18/2013) [Transferred from California Northern on 1/7/2014.] |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Medical Systems, Inc... (Combs, Lynn) (Filed on 12/18/2013) [Transferred from California Northern on 1/7/2014.] |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/4/2014. Case Management Conference set for 3/11/2014 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (Attachments: #1 Standing Order)(cjlS, COURT STAFF) (Filed on 12/13/2013) [Transferred from California Northern on 1/7/2014.] |
| Filing 5 NOTICE of Related Case by American Medical Systems, Inc. (cjlS, COURT STAFF) (Filed on 12/13/2013) [Transferred from California Northern on 1/7/2014.] |
| Filing 4 Corporate Disclosure Statement by American Medical Systems, Inc. (cjlS, COURT STAFF) (Filed on 12/13/2013) [Transferred from California Northern on 1/7/2014.] |
| Filing 3 Certificate of Interested Entities by American Medical Systems, Inc. identifying Corporate Parent Endo Pharmaceuticals Inc., Corporate Parent American Medical Systems Holdings, Inc., Corporate Parent Endo Health Solutions, Inc. for American Medical Systems, Inc. (cjlS, COURT STAFF) (Filed on 12/13/2013) [Transferred from California Northern on 1/7/2014.] |
| Filing 2 Declaration of Lynn A. Combs in Support of #1 Notice of Removal, filed by American Medical Systems, Inc. (Related document(s) #1 ) (cjlS, COURT STAFF) (Filed on 12/13/2013) (Additional attachment(s) added on 12/23/2013: #1 part 2) (ysS, COURT STAFF). (Additional attachment(s) added on 12/23/2013: #2 part 3, #3 part 4) (ysS, COURT STAFF). (Additional attachment(s) added on 12/23/2013: #4 part 5, #5 part 6, #6 part 7) (ysS, COURT STAFF). (Additional attachment(s) added on 12/23/2013: #7 part 8) (ysS, COURT STAFF). (Additional attachment(s) added on 12/23/2013: #8 part 9, #9 part 10, #10 part 11) (ysS, COURT STAFF). (Additional attachment(s) added on 12/23/2013: #11 part 12) (ysS, COURT STAFF). (Additional attachment(s) added on 12/23/2013: #12 part 13) (ysS, COURT STAFF). (Additional attachment(s) added on 12/23/2013: #13 part 14, #14 Part 15, #15 part 16) (ysS, COURT STAFF). (Additional attachment(s) added on 12/23/2013: #16 part 17, #17 part 18) (ysS, COURT STAFF). (Additional attachment(s) added on 12/23/2013: #18 part 19, #19 part 20) (ysS, COURT STAFF). (Additional attachment(s) added on 12/23/2013: #20 part 21, #21 part 22, #22 part 23, #23 part 24) (ysS, COURT STAFF). (Additional attachment(s) added on 12/23/2013: #24 part 25, #25 part 26) (ysS, COURT STAFF). (Additional attachment(s) added on 12/23/2013: #26 part 27) (ysS, COURT STAFF). (Additional attachment(s) added on 12/23/2013: #27 Exhibits B - H) (ysS, COURT STAFF). [Transferred from California Northern on 1/7/2014.] |
| Filing 1 NOTICE OF REMOVAL (no process) (jury demand by both) from Alameda Superior Court. Their case number is RG13687231. ( Filing fee $400, Receipt No. 34611092169). Filed by American Medical Systems, Inc. (Attachments: #1 Civil Cover Sheet)(cjlS, COURT STAFF) (Filed on 12/13/2013) [Transferred from California Northern on 1/7/2014.] |
| Answer to Removal Complaint #2 by American Medical Systems, Inc., Boston Scientific Corporation, C.R. Bard, Inc., Ethicon, Inc. (cjlS, COURT STAFF) (Filed on 12/13/2013) [Transferred from California Northern on 1/7/2014.] |
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