Midwest Operating Engineers Welfare Fund v. Midwest Underground, Inc., a Dissolved Illinois Corporation

Federal Civil Lawsuit Illinois Northern District Court, Case No. 1:16-cv-11314
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Last Updated January 15, 2019 at 6:52 AM EST (6.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Construction Industry Research and Service Trust Fund, Plaintiff

Represented by International Union of Operating Engineers

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Charles R Kiser +1 708 579 6663 +1 708 588 1647 ckiser@local150.org
No Logo International Union of Operating Engineers, Local 150, AFL-CIO, Plaintiff

Represented by International Union of Operating Engineers

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Charles R Kiser +1 708 579 6663 +1 708 588 1647 ckiser@local150.org
ATTORNEY TO BE NOTICED Elizabeth Ann LaRose +1 708 579 6663 +1 708 588 1647 elarose@local150.org
ATTORNEY TO BE NOTICED Dale D. Pierson +1 708 579 6663 +1 708 588 1647 dpierson@local150.org
No Logo Local 150 I.U.O.E. Vacation Savings Plan, Plaintiff

Represented by International Union of Operating Engineers

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Charles R Kiser +1 708 579 6663 +1 708 588 1647 ckiser@local150.org
No Logo Midwest Operating Engineers Welfare Fund, Plaintiff

Represented by International Union of Operating Engineers

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Charles R Kiser +1 708 579 6663 +1 708 588 1647 ckiser@local150.org
No Logo Operating Engineers Local 150 Apprenticeship Fund, Plaintiff

Represented by International Union of Operating Engineers

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Charles R Kiser +1 708 579 6663 +1 708 588 1647 ckiser@local150.org
v.
No Logo Larry Ernst, Defendant

Represented by broida-law.com Law Firm Placeholder

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Ronald J. Broida +1 630 245 1515 lawyers@broida-law.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Ronald J. Broida +1 630 245 1515 lawyers@broida-law.com
No Logo Midwest Underground, Inc., a Dissolved Illinois Corporation, Defendant

Represented by broida-law.com Law Firm Placeholder

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Ronald J. Broida +1 630 245 1515 lawyers@broida-law.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Ronald J. Broida +1 630 245 1515 lawyers@broida-law.com
Other Parties
No Logo Midwest Operating Engineers Pension Trust Fund, Intervenor Plaintiff

Represented by International Union of Operating Engineers

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Charles R Kiser +1 708 579 6663 +1 708 588 1647 ckiser@local150.org
Attributes
Citation Section 29 U.S.C. § 185
Nature of Suit 720 - Labor: Labor/Management Relations
Timeline
  Entries (35) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 35 Filed: 4/4/2018, Entered: None Unknown Document Type
AFFIDAVIT of Service filed by Plaintiffs Construction Industry Research and Service Trust Fund, International Union of Operating Engineers, Local 150, AFL-CIO, Local 150 I.U.O.E. Vacation Savings Plan, Midwest Operating Engineers Pension Trust Fund, Midwest Operating Engineers Welfare Fund, Operating Engineers Local 150 Apprenticeship Fund regarding Citation to Discover Assets; Citation Notice; Income and Asset Form served on Rick Moskowitz, Authorized Agent, on March 19, 2018 (Kiser, Charles) (Entered: 04/04/2018)
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Legal Document (Payment Possibly Required) 34 Filed: 3/8/2018, Entered: None Unknown Document Type
CITATION to Discover Assets issued as to Midwest Underground (No notice). (ks, ) (Entered: 03/09/2018)
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Legal Document (Payment Possibly Required) 33 Filed: 3/5/2018, Entered: 3/5/2018 Unknown Document Type
MINUTE entry before the Honorable Edmond E. Chang: MOTION by Attorneys Ronald J. Broida, Joseph K. Nichele and Emmet C. Fairfield, to withdraw on behalf of Defendants 31 is granted. Emailed notice (slb, )
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Legal Document (Payment Possibly Required) 32 Filed: 2/20/2018, Entered: None Unknown Document Type
NOTICE of Motion by Joseph K. Nichele for presentment of motion to withdraw as attorney, 31 before Honorable Edmond E. Chang on 3/7/2018 at 09:45 AM. (Nichele, Joseph) (Entered: 02/20/2018)
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Legal Document (Payment Possibly Required) 31 Filed: 2/20/2018, Entered: 2/20/2018 Unknown Document Type
MOTION by Attorney Ronald J. Broida, Joseph K. Nichele and Emmet C. Fairfield, from the law firm of Broida and Nichele, Ltd. to withdraw as attorney for Larry Ernst, Midwest Underground, Inc., a Dissolved Illinois Corporation. New address information: Midwest Underground, Inc. and Larry Ernst, 3150 5th Ave, East Moline, Illinois, 61244 (Attachments: # 1 Exhibit)(Nichele, Joseph)
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Legal Document (Payment Possibly Required) 30 Filed: 1/8/2018, Entered: None Unknown Document Type
AFFIDAVIT of Service filed by Plaintiffs Construction Industry Research and Service Trust Fund, International Union of Operating Engineers, Local 150, AFL-CIO, Local 150 I.U.O.E. Vacation Savings Plan, Midwest Operating Engineers Pension Trust Fund, Midwest Operating Engineers Welfare Fund, Operating Engineers Local 150 Apprenticeship Fund regarding Citation to Discover Assets; Citation Notice; Income and Asset Form served on Midwest Underground, Inc., c/o Joseph K. Nichele on January 2, 2018 (Kiser, Charles) (Entered: 01/08/2018)
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Legal Document (Payment Possibly Required) 29 Filed: 12/29/2017, Entered: None Unknown Document Type
CITATION to Discover Assets issued as to Midwest Underground, Inc (no notice filed). (ks, ) (Entered: 12/29/2017)
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Legal Document (Payment Possibly Required) 28 Filed: 11/14/2017, Entered: 11/14/2017 Unknown Document Type
CONSENT Judgment Order Signed by the Honorable Edmond E. Chang on 11/14/2017:Emailed notice(slb, )
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Legal Document (Payment Possibly Required) 27 Filed: 11/14/2017, Entered: 11/14/2017 Unknown Document Type
MINUTE entry before the Honorable Edmond E. Chang: The joint motion 25 for consent judgment is granted. The order will be entered separately. The status hearing of 11/15/2017 is vacated. Civil case terminated. Emailed notice (slb, )
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Legal Document (Payment Possibly Required) 26 Filed: 11/13/2017, Entered: None Unknown Document Type
NOTICE of Motion by Charles R Kiser for presentment of motion for judgment, 25 before Honorable Edmond E. Chang on 11/15/2017 at 10:30 AM. (Kiser, Charles) (Entered: 11/13/2017)
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Legal Document (Payment Possibly Required) 25 Filed: 11/13/2017, Entered: 11/13/2017 Unknown Document Type
MOTION by Plaintiffs Construction Industry Research and Service Trust Fund, International Union of Operating Engineers, Local 150, AFL-CIO, Local 150 I.U.O.E. Vacation Savings Plan, Midwest Operating Engineers Pension Trust Fund, Midwest Operating Engineers Welfare Fund, Operating Engineers Local 150 Apprenticeship Fund for judgment [JOINT MOTION FOR CONSENT JUDGMENT] (Kiser, Charles)
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Legal Document (Payment Possibly Required) 24 Filed: 10/19/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Counsel reported that will be moving for entry of an agreed consent judgment in the next few weeks. Status hearing set 11/15/2017 at 10:30 a.m., with the expectation that the parties will file the motion before that date.Emailed notice (slb, ) (Entered: 10/19/2017)
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Legal Document (Payment Possibly Required) 23 Filed: 10/18/2017, Entered: None Unknown Document Type
STATUS Report [JOINT REASSIGNMENT] by Construction Industry Research and Service Trust Fund, International Union of Operating Engineers, Local 150, AFL-CIO, Local 150 I.U.O.E. Vacation Savings Plan, Midwest Operating Engineers Pension Trust Fund, Midwest Operating Engineers Welfare Fund, Operating Engineers Local 150 Apprenticeship Fund (Kiser, Charles) (Entered: 10/18/2017)
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Legal Document (Payment Possibly Required) 22 Filed: 10/11/2017, Entered: 10/11/2017 Unknown Document Type
MINUTE entry before the Honorable Edmond E. Chang. The Court sets an initial reassignment status hearing for 10/19/2017 at 10:45 a.m. The parties shall file a joint reassignment status report per the attached format. (Exhibit(#1) Status report format). Mailed notice(ags, )
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Legal Document (Payment Possibly Required) 21 Filed: 10/11/2017, Entered: None Unknown Document Type
EXECUTIVE COMMITTEE ORDER: It appearing that the Honorable Milton I. Shadur has elected to retire as of September 1, 2017; and It further appearing that 16 C 11314, Midwest Operating Engineers Welfare Fund et al., v. Midwest Underground, Inc., a Dissolved Illinois Corporation et al., is currently assigned to the Hon. Milton I. Shadur; therefore It is hereby ordered that 16 C 11314, Midwest Operating Engineers Welfare Fund et al., v. Midwest Underground, Inc., a Dissolved Illinois Corporation et al., is to be reassigned to another judge of this Court as indicated, pursuant to Local Rule 40.1(f). Case reassigned to the Honorable Edmond E. Chang for all further proceedings. Honorable Milton I. Shadur no longer assigned to the case. Signed by Executive Committee on 10/11/2017. (pk, ) (Entered: 10/11/2017)
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Legal Document (Payment Possibly Required) 20 Filed: 10/11/2017, Entered: 10/11/2017 Unknown Document Type
MEMORANDUM Order: For the reasons stated in this memorandum order, this case will be reassigned. Signed by the Honorable Milton I. Shadur on 10/11/2017:Mailed notice(clw, )
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Legal Document (Payment Possibly Required) 19 Filed: 6/2/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable Milton I. Shadur:Status hearing set for 6/6/2017 is vacated, to be rescheduled at a later date.Mailed notice (clw, ) (Entered: 06/02/2017)
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Legal Document (Payment Possibly Required) 18 Filed: 5/4/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable Milton I. Shadur:Status hearing held on 5/4/2017. Status hearing set for 6/6/2017 at 09:00 AM.Mailed notice (clw, ) (Entered: 05/04/2017)
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Legal Document (Payment Possibly Required) 17 Filed: 2/17/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable Milton I. Shadur:Status hearing held on 2/17/2017. Status hearing set for 5/4/2017 at 09:00 AM.Mailed notice (clw, ) (Entered: 02/17/2017)
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Legal Document (Payment Possibly Required) 16 Filed: 2/16/2017, Entered: None Unknown Document Type
ANSWER to Complaint by Larry Ernst, Midwest Underground, Inc., a Dissolved Illinois Corporation(Nichele, Joseph) (Entered: 02/16/2017)
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Legal Document (Payment Possibly Required) 15 Filed: 1/24/2017, Entered: 1/24/2017 Unknown Document Type
MINUTE entry before the Honorable Milton I. Shadur:Motion hearing set for 1/26/2017 is stricken. Defendants' motion for extension of time to 2/16/2017 to answer or otherwise plead 13 is granted.Mailed notice (clw, )
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Legal Document (Payment Possibly Required) 14 Filed: 1/20/2017, Entered: None Unknown Document Type
NOTICE of Motion by Ronald J. Broida for presentment of motion for extension of time to file answer, motion for relief 13 before Honorable Milton I. Shadur on 1/26/2017 at 09:00 AM. (Broida, Ronald) (Entered: 01/20/2017)
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Legal Document (Payment Possibly Required) 13 Filed: 1/20/2017, Entered: 1/20/2017 Unknown Document Type
MOTION by Defendants Larry Ernst, Midwest Underground, Inc., a Dissolved Illinois Corporation for extension of time to file answer regarding complaint,, 1 (Broida, Ronald)
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Legal Document (Payment Possibly Required) 12 Filed: 1/20/2017, Entered: None Unknown Document Type
ATTORNEY Appearance for Defendants Larry Ernst, Midwest Underground, Inc., a Dissolved Illinois Corporation by Ronald J. Broida (Broida, Ronald) (Entered: 01/20/2017)
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Legal Document (Payment Possibly Required) 11 Filed: 1/20/2017, Entered: None Unknown Document Type
ATTORNEY Appearance for Defendants Larry Ernst, Midwest Underground, Inc., a Dissolved Illinois Corporation by Emmet Charles Fairfield (Fairfield, Emmet) (Entered: 01/20/2017)
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Legal Document (Payment Possibly Required) 10 Filed: 1/20/2017, Entered: None Unknown Document Type
ATTORNEY Appearance for Defendants Larry Ernst, Midwest Underground, Inc., a Dissolved Illinois Corporation by Joseph K. Nichele (Nichele, Joseph) (Entered: 01/20/2017)
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Legal Document (Payment Possibly Required) 9 Filed: 1/13/2017, Entered: None Unknown Document Type
MINUTE entry before the Honorable Milton I. Shadur: Status hearing set for 2/14/2017 is reset to 2/17/2017 at 09:00 AM.Mailed notice (clw, ) (Entered: 01/13/2017)
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Legal Document (Payment Possibly Required) 8 Filed: 1/5/2017, Entered: None Unknown Document Type
SUMMONS Returned Executed by Construction Industry Research and Service Trust Fund, Midwest Operating Engineers Welfare Fund, Local 150 I.U.O.E. Vacation Savings Plan, Operating Engineers Local 150 Apprenticeship Fund, Midwest Operating Engineers Pension Trust Fund, International Union of Operating Engineers, Local 150, AFL-CIO as to Larry Ernst on 12/29/2016, answer due 1/19/2017. (Kiser, Charles) (Entered: 01/05/2017)
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Legal Document (Payment Possibly Required) 7 Filed: 1/5/2017, Entered: None Unknown Document Type
SUMMONS Returned Executed by Construction Industry Research and Service Trust Fund, Midwest Operating Engineers Welfare Fund, Local 150 I.U.O.E. Vacation Savings Plan, Operating Engineers Local 150 Apprenticeship Fund, Midwest Operating Engineers Pension Trust Fund, International Union of Operating Engineers, Local 150, AFL-CIO as to Midwest Underground, Inc., a Dissolved Illinois Corporation on 12/29/2016, answer due 1/19/2017. (Kiser, Charles) (Entered: 01/05/2017)
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Legal Document (Payment Possibly Required) 6 Filed: 12/28/2016, Entered: None Unknown Document Type
MINUTE entry before the Honorable Milton I. Shadur:This is the initial scheduling order entered by this Court after the filing of the Complaint. Counsel for plaintiffs are ordered to cause a copy of this order to be delivered forthwith to each defendant in the same manner that process has been or is being served on such defendant. There will be a status hearing--a "scheduling conference", as that term is used in attached Fed. R. Civ. P. ("Rule") 16(b), at 9:00 a.m. on February 14, 2017. Counsel for plaintiffs and for each defendant that has been served with process or has appeared at least 28 days before that Status Hearing Date are ordered to meet not later than 14 days before the Status Hearing Date to comply with the provisions of Rules 26(f) and 26(a) (c) and this District Courts LR 26.1 Counsel for the parties are urged to undertake serious settlement efforts before the scheduled Status Hearing when no major investment in counsel's time (and clients' money) has yet taken place. If such efforts are unsuccessful, counsel should be prepared to attend the scheduled Status Hearing to discuss briefly their proposed discovery plan and other subjects appropriate for inclusion in the scheduling order as referred to in Rule 16(b). No written status report is to be filed. Although this Court will not set a close-of-discovery scheduling order until both sides have a good sense of the time needed for that purpose, the parties are urged to join in setting their own target dates in that respect at their initial Rule 26(f) conference and to review those target dates regularly during the discovery process. If any party is unrepresented by counsel, that party must comply with this order personally. Mailed notice (clw, ) (Entered: 12/28/2016)
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Legal Document (Payment Possibly Required) 5 Filed: 12/13/2016, Entered: None Unknown Document Type
ATTORNEY Appearance for Plaintiff International Union of Operating Engineers, Local 150, AFL-CIO by Elizabeth Ann LaRose (LaRose, Elizabeth) (Entered: 12/13/2016)
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Legal Document (Payment Possibly Required) 4 Filed: 12/13/2016, Entered: None Unknown Document Type
ATTORNEY Appearance for Plaintiff International Union of Operating Engineers, Local 150, AFL-CIO by Dale D. Pierson (Pierson, Dale) (Entered: 12/13/2016)
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Legal Document (Payment Possibly Required) 3 Filed: 12/13/2016, Entered: None Unknown Document Type
ATTORNEY Appearance for Plaintiffs Construction Industry Research and Service Trust Fund, International Union of Operating Engineers, Local 150, AFL-CIO, Local 150 I.U.O.E. Vacation Savings Plan, Midwest Operating Engineers Pension Trust Fund, Midwest Operating Engineers Welfare Fund, Operating Engineers Local 150 Apprenticeship Fund by Charles R Kiser (Kiser, Charles) (Entered: 12/13/2016)
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Legal Document (Payment Possibly Required) 2 Filed: 12/13/2016, Entered: None Unknown Document Type
CIVIL Cover Sheet (Kiser, Charles) (Entered: 12/13/2016)
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Legal Document (Payment Possibly Required) 1 Filed: 12/13/2016, Entered: 12/13/2016 Unknown Document Type
COMPLAINT filed by Construction Industry Research and Service Trust Fund, Midwest Operating Engineers Welfare Fund, Local 150 I.U.O.E. Vacation Savings Plan, Operating Engineers Local 150 Apprenticeship Fund, Midwest Operating Engineers Pension Trust Fund, International Union of Operating Engineers, Local 150, AFL-CIO; Filing fee $ 400, receipt number 0752-12658320. (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)(Kiser, Charles)
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