ERC Today LLC et al v. McInelly et al
| Arizona District Court | |
| Judge: | Stephen M Mcnamee |
| Case #: | 2:24-cv-03178 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 05:702 Administrative Procedure Act |
| Case Filed: | Nov 13, 2024 |
| Case in other court: | Ninth Circuit, 25-02642 |
| Last checked: Saturday Dec 28, 2024 1:55 AM MST |
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Defendant
John McInelly
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Represented By
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Defendant
United States Internal Revenue Service
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Represented By
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Defendant
United States of America
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Represented By
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Defendant
Daniel Werfel
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Represented By
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Plaintiff
ERC Today LLC
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Represented By
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Plaintiff
Stenson Tamaddon LLC
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Represented By
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| Docket last updated: 05/06/2025 9:09 AM MST |
| Friday, April 25, 2025 | ||
| 33 | 33
1
pgs
appeal
USCA Case Number
Fri 04/25 4:03 PM
USCA Case Number re:32 Notice of Interlocutory Appeal. Case number 25-2642 Ninth Circuit. (EJA) |
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| Wednesday, April 23, 2025 | ||
| 32 | 32
36
pgs
appeal
Notice of Interlocutory Appeal
Wed 04/23 2:33 PM
NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re:27 Order on Motion for Preliminary Injunction by ERC Today LLC, Stenson Tamaddon LLC. Filing fee received: $ 605.00, receipt number AAZDC-24217962. (Arhangelsky, Peter) |
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| Wednesday, April 16, 2025 | ||
| 31 | 31
misc
Transcript
Thu 04/17 9:48 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING proceedings held on 03/28/2025 before Judge STEPHEN M. MCNAMEE. [Court Reporter: Kimberly Portik, RMR, CRR, CRC, Telephone number (602) 322-7249]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/7/2025. Redacted Transcript Deadline set for 5/19/2025. Release of Transcript Restriction set for 7/15/2025. (RAP) |
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| Wednesday, April 09, 2025 | ||
| 30 | 30
2
pgs
misc
Transcript Request
Wed 04/09 4:13 PM
AMENDED TRANSCRIPT REQUEST pursuant to 29 Notice of Deficiency re: A0435 28 Transcript Request filed by ERC Today LLC, Stenson Tamaddon LLC for proceedings held on 03/28/2025, Judge Stephen M McNamee hearing judge(s). (Arhangelsky, Peter) |
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| 29 | 29 NOTICE TO FILER OF DEFICIENCY re: AO43528 Transcript Request filed by ERC Today LLC, Stenson Tamaddon LLC. Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery in section 18. DELIVERY INSTRUCTIONS. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) | |
| 28 | 28
misc
Transcript Request
Wed 04/09 2:02 PM
TRANSCRIPT REQUEST by ERC Today LLC, Stenson Tamaddon LLC for proceedings held on 03/28/2025, Judge Stephen M McNamee hearing judge(s). (Arhangelsky, Peter) |
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misc
Notice of Deficiency re Transcript Request
Wed 04/09 4:06 PM
NOTICE TO FILER OF DEFICIENCY re: AO43528 Transcript Request filed by ERC Today LLC, Stenson Tamaddon LLC. Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery in section 18. DELIVERY INSTRUCTIONS. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) |
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| Monday, April 07, 2025 | ||
| 27 | 27
29
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order
Order on Motion for Preliminary Injunction
Mon 04/07 5:07 PM
ORDER denying18 Plaintiffs' Motion for Preliminary Injunction. See attached Order for complete details. Signed by Senior Judge Stephen M. McNamee on 4/7/2025. (KMB) |
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| Friday, March 28, 2025 | ||
| 26 | 26 MINUTE ENTRY for proceedings held before Senior Judge Stephen M McNamee: Preliminary Injunction Hearing held on 3/28/2025. Argument heard. IT IS ORDERED taking the matter under advisement. APPEARANCES: Peter Arhangelsky for Plaintiffs. Amy Matchison for Defendants. (Court Reporter Kim Portik.) Hearing held 1:23 PM to 2:53 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) | |
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minutes
Preliminary/Permanent Injunction Hearing 1 - Common Prompts (Text Only)
Fri 03/28 4:41 PM
MINUTE ENTRY for proceedings held before Senior Judge Stephen M McNamee: Preliminary Injunction Hearing held on 3/28/2025. Argument heard. IT IS ORDERED taking the matter under advisement. APPEARANCES: Peter Arhangelsky for Plaintiffs. Amy Matchison for Defendants. (Court Reporter Kim Portik.) Hearing held 1:23 PM to 2:53 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) |
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| Wednesday, March 26, 2025 | ||
| 25 | 25 IT IS ORDERED the Preliminary Injunction Hearing set for March 28, 2025 at 1:30 PM, is RESET AS TO LOCATION ONLY! The Preliminary Injunction Hearing will be held in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Stephen M. McNamee. Ordered by Senior Judge Stephen M. McNamee on 3/26/2025. (KMB)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) | |
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order
Time Change Only - Motion Hearing
Wed 03/26 12:20 PM
IT IS ORDERED the Preliminary Injunction Hearing set for March 28, 2025 at 1:30 PM, is RESET AS TO LOCATION ONLY! The Preliminary Injunction Hearing will be held in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Stephen M. McNamee. Ordered by Senior Judge Stephen M. McNamee on 3/26/2025. (KMB)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) |
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| Wednesday, March 19, 2025 | ||
| 24 | 24
2
pgs
notice
Notice (Other)
Wed 03/19 2:37 PM
NOTICE by ERC Today LLC, Stenson Tamaddon LLC re:23 Order Setting Hearing on Motion, . (Arhangelsky, Peter) |
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| Monday, March 10, 2025 | ||
| 23 | 23
1
pgs
order
Order Setting Hearing on Motion
Mon 03/10 2:40 PM
ORDER setting a Preliminary Injunction Hearing for March 28, 2025 at 1:30 PM before the Honorable Stephen M. McNamee in Courtroom #401 of the Sandra Day O'Connor United States Courthouse, 401 W. Washington St., Phoenix, Arizona, 85003. IT IS FURTHER ORDERED that the parties must file a joint notice no later than March 21, 2025 advising the Court whether testimony from live witnesses will be elicited at the hearing. Signed by Senior Judge Stephen M. McNamee on 3/10/2025. (KMB) |
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| Friday, February 28, 2025 | ||
| 22 | 22
26
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respm
Reply to Response to Motion
Fri 02/28 8:59 PM
REPLY to Response to Motion re:18 MOTION for Preliminary Injunction and Memorandum of Law in Support filed by ERC Today LLC, Stenson Tamaddon LLC.(Arhangelsky, Peter) |
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Att: 1
Declaration of E. Stenson,
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Att: 2
Exhibit 40
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| Friday, January 31, 2025 | ||
| 21 | 21
34
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respm
Response in Opposition to Motion
Fri 01/31 2:12 PM
RESPONSE in Opposition re:18 MOTION for Preliminary Injunction and Memorandum of Law in Support filed by United States of America.(Matchison, Amy) |
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Att: 1
19 pgs
Declaration of Douglas O'Donnell
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| Friday, January 24, 2025 | ||
| 20 | 20
2
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order
Order on Stipulation
Fri 01/24 10:08 AM
ORDER approving the Stipulation (Doc.19 ). IT IS FURTHER ORDERED allowing Defendants up to and including 30 days after the Court rules on Plaintiffs' Motion for Preliminary Injunction to file a responsive pleading to Plaintiffs' Complaint. Signed by Senior Judge Stephen M McNamee on 1/24/2025. (KJ) |
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| Thursday, January 23, 2025 | ||
| 19 | 19
3
pgs
misc
Stipulation For Extension of Time To Answer Complaint
Thu 01/23 2:38 PM
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by United States of America.(Matchison, Amy) |
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Att: 1
Proposed Order
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| Tuesday, January 07, 2025 | ||
| 18 | 18
32
pgs
motion
Preliminary Injunction
Tue 01/07 11:22 AM
*MOTION for Preliminary Injunction and Memorandum of Law in Support by ERC Today LLC, Stenson Tamaddon LLC.(Arhangelsky, Peter) *Modified filers on 1/10/2025 (KJ). |
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Att: 1
3 pgs
Proposed Order
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| Monday, January 06, 2025 | ||
| 17 | 17
2
pgs
order
Order on Stipulation
Mon 01/06 11:38 AM
ORDER approving the Joint Stipulation. (Doc.16 ). Plaintiffs have up to and including 1/8/2025 to file a Motion for Preliminary Injunction. Defendants have up to and including 1/31/2025 to file a Response. Plaintiffs have up to and including 2/28/2025 to file a Reply in support. Signed by Senior Judge Stephen M McNamee on 1/6/2025. (KJ) |
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| Monday, December 23, 2024 | ||
| 16 | 16
3
pgs
misc
Stipulation
Mon 12/23 2:08 PM
*STIPULATION to Set Scheduling Order by ERC Today LLC, Stentson Tamaddon LLC.(Arhangelsky, Peter) *Modified filers on 12/26/2024 (KJ). |
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Att: 1
Proposed Order
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| Friday, December 20, 2024 | ||
| 15 | 15
1
pgs
order
Order on Stipulation
Fri 12/20 4:06 PM
ORDER denying without prejudice the Joint Stipulation. (Doc.14 ). The parties may refile a stipulation with a new proposed order attached. Signed by Senior Judge Stephen M McNamee on 12/20/2024. (KJ) |
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| 14 | 14
misc
Stipulation
Fri 12/20 2:19 PM
STIPULATION to Set Scheduling Order by ERC Today LLC.(Arhangelsky, Peter) |
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Att: 1
Proposed Order
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| Wednesday, December 18, 2024 | ||
| 13 | 13
service
Service Executed
Wed 12/18 11:06 AM
SERVICE EXECUTED filed by ERC Today LLC: Certificate of Service re: LETTER; SUMMONS IN A CIVIL ACTION; VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF; CIVIL COVER SHEET; PLAINTIFFS MOTIONFOR LEAVE TO FILE MOTION FOR PRELIMINARY INJUNCTION IN EXCESS OF THE PAGE LIMIT; PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION ANDMEMORANDUM OF LAW IN SUPPORT; FRCP 7.1 CORPORATE DISCLOSURE STATEMENT; EXHIBITS 1-39 ON USB upon United States Attorney General on 12/12/24. (Arhangelsky, Peter) |
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| 12 | 12
service
Service Executed
Wed 12/18 11:04 AM
SERVICE EXECUTED filed by ERC Today LLC: Certificate of Service re: SUMMONS IN A CIVIL ACTION; VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF; CIVIL COVER SHEET; PLAINTIFFS' MOTION FOR LEAVE TO FILE MOTION FOR PRELIMINARY INJUNCTION IN EXCESS OF THE PAGE LIMIT; PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND MEMORANDUM OF LAW IN SUPPORT; FRCP 7.1 CORPORATE DISCLOSURE STATEMENT upon John McInelly c/o Office of Chief Counsel on 12/13/24. (Arhangelsky, Peter) |
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| 11 | 11
service
Service Executed
Wed 12/18 11:02 AM
SERVICE EXECUTED filed by ERC Today LLC: Certificate of Service re: SUMMONS IN A CIVIL ACTION; VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF; CIVIL COVER SHEET; PLAINTIFFS' MOTION FOR LEAVE TO FILE MOTION FOR PRELIMINARY INJUNCTION IN EXCESS OF THE PAGE LIMIT; PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND MEMORANDUM OF LAW IN SUPPORT; FRCP 7.1 CORPORATE DISCLOSURE STATEMENT upon Daniel Werfel, Commissioner on 12/13/24. (Arhangelsky, Peter) |
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| 10 | 10
service
Service Executed
Wed 12/18 11:01 AM
SERVICE EXECUTED filed by ERC Today LLC: Certificate of Service re: SUMMONS IN A CIVIL ACTION; VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF; CIVIL COVER SHEET; PLAINTIFFS' MOTION FOR LEAVE TO FILE MOTION FOR PRELIMINARY INJUNCTION IN EXCESS OF THE PAGE LIMIT; PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND MEMORANDUM OF LAW IN SUPPORT; FRCP 7.1 CORPORATE DISCLOSURE STATEMENT upon United States Internal Revenue Service on 12/13/24. (Arhangelsky, Peter) |
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| 9 | 9
2
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notice
Notice of Appearance/Association of Counsel
Wed 12/18 9:27 AM
NOTICE of Appearance by Moira Goodwin on behalf of John McInelly, Daniel Werfel, United States Internal Revenue Service, United States of America. (Goodwin, Moira) |
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| Friday, December 13, 2024 | ||
| 8 | 8
1
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order
Order on Motion for Leave to File
Fri 12/13 4:07 PM
ORDER denying Plaintiffs' Motion. (Doc.6 ). IT IS FURTHER ORDERED striking the Motion for Preliminary Injunction lodged by Plaintiffs. (Doc.7 ). Signed by Senior Judge Stephen M McNamee on 12/13/2024. (KJ) |
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| Wednesday, December 11, 2024 | ||
| 7 | 7
33
pgs
respoth
Lodged Proposed Document
Wed 12/11 10:36 AM
LODGED Proposed Motion for Preliminary Injunction re:6 MOTION for Leave to File Excess Pages Motion for Leave to File Motion for a Preliminary Injunction in Excess of the Page Limit . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by ERC Today LLC, Stenson Tamaddon, LLC.(Arhangelsky, Peter) *Modified filers on 12/11/2024 (KJ). |
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Att: 1
3 pgs
Proposed Order Proposed Order
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| 6 | 6
motion
Leave to File Document
Wed 12/11 10:31 AM
*MOTION for Leave to File Excess Pages Motion for Leave to File Motion for a Preliminary Injunction in Excess of the Page Limit by ERC Today LLC, Stenson Tamaddon, LLC.(Arhangelsky, Peter) *Modified filers on 12/11/2024 (KJ). |
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Att: 1
Proposed Order Proposed Order
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| Wednesday, November 27, 2024 | ||
| 5 | 5
service
Summons Issued
Wed 11/27 7:34 AM
Summons Issued as to John McInelly, United States Internal Revenue Service, United States of America c/o United States Attorney General, Daniel Werfel.(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
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Att: 1
Summons,
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Att: 2
Summons,
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Att: 3
Summons
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| Tuesday, November 26, 2024 | ||
| 4 | 4
service
Summons Submitted
Tue 11/26 1:32 PM
SUMMONS Submitted by ERC Today LLC.(Arhangelsky, Peter) |
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Att: 1
2 pgs
Summons,
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Att: 2
2 pgs
Summons,
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Att: 3
2 pgs
Summons
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| Wednesday, November 13, 2024 | ||
| 3 | 3
misc
New Case Opened
Thu 11/14 12:07 PM
Filing fee paid, receipt number AAZDC-23667252. This case has been assigned to the Honorable Stephen M McNamee. All future pleadings or documents should bear the correct case number: CV 24-03178 PHX-SMM. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
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| 2 | 2
misc
Disclosure Statement
Thu 11/14 12:06 PM
Disclosure Statement by ERC Today LLC, Stenson Tamaddon LLC. (submitted by Peter Arhangelsky) (REK) |
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| 1 | 1
77
pgs
cmp
Complaint
Thu 11/14 11:56 AM
COMPLAINT. Filing fee received: $405.00, receipt number AAZDC-23667252 filed by ERC Today LLC, Stenson Tamaddon LLC. (submitted by Peter Arhangelsky)(REK) |
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Att: 1
Exhibit 1-10,
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Att: 2
Exhibit 11-15,
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Att: 3
Exhibit 16-17,
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Att: 4
Exhibit 18-26,
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Att: 5
Exhibit 27-39,
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Att: 6
Civil Cover Sheet
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