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37
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MANDATE of USCA (Certified Copy) as to28 Notice of Appeal filed by Scanscot Shipping Services (Deutschland) GmbH USCA Case Number 09-5280 cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. All outstanding motion are hereby DENIED.Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/29/2010. (nd)
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Transmission of USCA Mandate/Order to the District Judge re:37 USCA Mandate,. (nd)
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36
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ORDER: In light of the Second Circuit's August 12, 2010 decision, Scanscot's motion to stay the release of funds is DENIED as moot. The Clerk of the Court is directed to close this case. So Ordered. (Signed by Judge Paul G. Gardephe on 8/23/2010) (js)
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35
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ORDER FOR RELEASE OF FUNDS: It is hereby ordered that Wachovia Bank, National Association shall release the attached funds held by it pursuant to the Writ of Attachment issued in this case in accordance with instructions to be provided by counsel for Defendant. (Signed by Judge Laura Taylor Swain, Part I, on 8/13/2010) (jpo) Modified on 8/16/2010 (jpo).
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34
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AFFIRMATION of Michael Unger in Support re:32 MOTION to Stay re:31 USCA Order - Other,,, Stay of the Release of Attached Funds Pending Plaintiff's Motion for Reconsideration of Second Circuit Order dated July 20, 2010 . MOTION to Expedite Stay Motion . MOTION to Stay re:31 USCA Order - Other,,, Stay of the Release of Attached Funds Pending Plaintiff's Motion for Reconsideration of Second Circuit Order dated July 20, 2010 .. Document filed by Scanscot Shipping Services (Deutschland) GmbH. (Unger, Michael)
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9
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MEMORANDUM OF LAW in Support re:32 MOTION to Stay re:31 USCA Order - Other,,, Stay of the Release of Attached Funds Pending Plaintiff's Motion for Reconsideration of Second Circuit Order dated July 20, 2010 . MOTION to Expedite Stay Motion . MOTION to Stay re:31 USCA Order - Other,,, Stay of the Release of Attached Funds Pending Plaintiff's Motion for Reconsideration of Second Circuit Order dated July 20, 2010 .. Document filed by Scanscot Shipping Services (Deutschland) GmbH. (Unger, Michael)
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32
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MOTION to Stay re:31 USCA Order - Other,,, Stay of the Release of Attached Funds Pending Plaintiff's Motion for Reconsideration of Second Circuit Order dated July 20, 2010 ., MOTION to Expedite Stay Motion . Document filed by Scanscot Shipping Services (Deutschland) GmbH.(Unger, Michael)
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ORDER of USCA (Certified Copy) as to28 Notice of Appeal filed by Scanscot Shipping Services (Deutschland) GmbH USCA Case Number 09-5280 cv. Upon due consideration, it is hereby ORDERED that the May 6, 2010 order of this Court is VACATED insofar as it denied Appellee's motion to vacate the district court's December 23, 2009 order staying, pending appeal, its December 9, 2009 order vacating its previous order of attachment of funds pursuant to Rule B of the Supplemental Admiralty Rules for Certain Admiralty Maritime Claims of the Federal Rules of Civil Procedure. We now GRANT Appellee's motion to vacate the district court's December 23, 2009 order staying the release of the attached funds. An opinion resolving the appeal on the merits will follow in due course. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 7/22/10. (tp)
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ORDER of USCA (Certified Copy) as to28 Notice of Appeal filed by Scanscot Shipping Services (Deutschland) GmbH USCA Case Number 09-5280 cv. IT IS HEREBY ORDERED that the motion by Appellant Scanscot Shipping Services (Deutschland) GMBH for a stay of execution pending appeal December 9, 2009 order of the District Court directing vacatur of attachment over certain funds is referred to the next available motions panel. In the interim, the Court grants a temporary stay of execution of the order. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 12/23/2009. (nd)
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ORDER: that the motion for a stay pending appeal is GRANTED. (Signed by Judge Paul G. Gardephe on 12/23/09) (ae)
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28
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NOTICE OF APPEAL from21 Order of Dismissal,. Document filed by Scanscot Shipping Services (Deutschland) GmbH. Filing fee $ 455.00, receipt number E 890021. (nd)
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REPLY MEMORANDUM OF LAW in Response to Plaintiff's Motion for Continuation of the Automatic Stay . Document filed by Metales Tracomex LTDA.(Carlsen, Christopher)
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Att: 1
Exhibit,
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Exhibit
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26
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DECLARATION of Michael E. Unger in Support. Document filed by Scanscot Shipping Services (Deutschland) GmbH.(Unger, Michael)
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Att: 1
Exhibit
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Transmission of Notice of Appeal to the District Judge re:28 Notice of Appeal. (nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:28 Notice of Appeal. (nd)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for20 Affidavit of Service Other filed by Metales Tracomex LTDA,5 Order Issuing Maritime Attachment and Garnishment,18 Rule 7.1 Corporate Disclosure Statement filed by Metales Tracomex LTDA,14 Declaration, filed by Scanscot Shipping Services (Deutschland) GmbH,8 Order,13 Declaration, filed by Scanscot Shipping Services (Deutschland) GmbH,9 Endorsed Letter, Set Scheduling Order Deadlines,,,,,,,,15 Declaration filed by Scanscot Shipping Services (Deutschland) GmbH,21 Order of Dismissal,28 Notice of Appeal filed by Scanscot Shipping Services (Deutschland) GmbH,16 Notice of Appearance filed by Metales Tracomex LTDA,1 Complaint filed by Scanscot Shipping Services (Deutschland) GmbH,27 Reply Memorandum of Law filed by Metales Tracomex LTDA,12 Memorandum of Law filed by Scanscot Shipping Services (Deutschland) GmbH,3 Endorsed Letter,19 Reply Memorandum of Law filed by Metales Tracomex LTDA,17 Endorsed Letter, Set Deadlines/Hearings,,25 Affidavit of Service Other filed by Metales Tracomex LTDA,7 Order, Set Deadlines/Hearings,,,,11 Endorsed Letter, Set Deadlines,,,,6 Order, Set Scheduling Order Deadlines,,2 Rule 7.1 Corporate Disclosure Statement filed by Scanscot Shipping Services (Deutschland) GmbH,26 Declaration in Support filed by Scanscot Shipping Services (Deutschland) GmbH,10 Order,4 Affidavit filed by Scanscot Shipping Services (Deutschland) GmbH were transmitted to the U.S. Court of Appeals. (nd)
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25
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AFFIDAVIT OF SERVICE of Reply Memorandum of Law served on Scanscot Shipping Services (Deutschland) Gmbh on 12-22-09. Service was made by Electronic Mail. Document filed by Metales Tracomex LTDA. (Carlsen, Christopher)
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FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW re:22 MOTION to Stay re:21 Order of Dismissal,.. Document filed by Metales Tracomex LTDA.(Carlsen, Christopher) Modified on 12/22/2009 (jar).
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Att: 1
Exhibit,
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Exhibit
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Christopher Carlsen to RE-FILE Document24 Reply Memorandum of Law. ERROR(S): A document cannot be linked to a Filing Error. Use the event type Reply Memorandum of Law (non-motion) found under event list Other Answers. (jar)
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23
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FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael Unger in Support re:22 MOTION to Stay re:21 Order of Dismissal,.. Document filed by Scanscot Shipping Services (Deutschland) GmbH.(Unger, Michael) Modified on 12/22/2009 (jar).
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Att: 1
Exhibit G-I
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22
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Memorandum in Support) - MOTION to Stay re:21 Order of Dismissal,. Document filed by Scanscot Shipping Services (Deutschland) GmbH.(Unger, Michael) Modified on 12/22/2009 (jar).
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Michael Unger to RE-FILE Document22 MOTION to Stay re:21 Order of Dismissal. Use the event type Memorandum of Law in Support (non-motion) found under the event list Other Answers. NOTE: A Memorandum of Law cannot be filed using the event type Motion. (jar)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael Unger to RE-FILE Document23 Declaration in Support of Motion. ERROR(S): A document cannot be linked to a Filing Error. Use the event type Declaration in Support (non-motion) found under event list Other Answers. (jar)
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21
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ORDER: Plaintiff Scanscot Shipping Services has failed to show cause why the funds attached in this action should remain attached. For the reasons stated above, all attachment orders issued in this action are vacated, and the case is dismissed without prejudice. The Clerk of the Court is directed to close this case. Any pending motions are moot. (Signed by Judge Paul G. Gardephe on 12/9/09) (js)
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20
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AFFIDAVIT OF SERVICE of Reply Memorandum of Law served on Scanscot Shipping Services (Deutschland) Gmbh on 12/7/09. Service was made by Electronic Mail. Document filed by Metales Tracomex LTDA. (Carlsen, Christopher)
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19
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REPLY MEMORANDUM OF LAW re:12 Memorandum of Law. Document filed by Metales Tracomex LTDA.(Carlsen, Christopher)
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit,
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Att: 5
Exhibit,
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Att: 6
Exhibit
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18
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Metales Tracomex LTDA.(Carlsen, Christopher)
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17
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ENDORSED LETTER: addressed to Judge Paul G. Gardephe from Christopher Carisen dated 12/2/09 re: Counsel for defendant requests that they be given one week to submit a response to the arguments raised by plaintiff in opposition to the Order to Show Cause. ENDORSEMENT: The Application is granted. So Ordered. (Signed by Judge Paul G. Gardephe on 12/4/09) (js)
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NOTICE OF APPEARANCE by Christopher Carlsen on behalf of Metales Tracomex LTDA (Carlsen, Christopher)
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15
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DECLARATION of Professor Carl Felsenfeld re:14 Declaration,13 Declaration,12 Memorandum of Law,11 Endorsed Letter, Set Deadlines,,,,10 Order,. Document filed by Scanscot Shipping Services (Deutschland) GmbH. (Unger, Michael)
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14
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DECLARATION of Russell Gardner re:13 Declaration,12 Memorandum of Law,11 Endorsed Letter, Set Deadlines,,,,10 Order, in Response to Court's Sua Sponte Order to Show Cause . Document filed by Scanscot Shipping Services (Deutschland) GmbH. (Unger, Michael)
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13
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DECLARATION of Michael E. Unger re:12 Memorandum of Law,11 Endorsed Letter, Set Deadlines,,,,10 Order, In Response to the Cout's Sua Sponte Order to Show Cause (Exhibits A-H are attached) . Document filed by Scanscot Shipping Services (Deutschland) GmbH. (Unger, Michael)
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12
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MEMORANDUM OF LAW re:11 Endorsed Letter, Set Deadlines,,,,10 Order, in Response to the Court's Sua Sponte Order to Show Cause . Document filed by Scanscot Shipping Services (Deutschland) GmbH. (Unger, Michael)
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11
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ENDORSED LETTER addressed to Judge Paul G. Gardephe from Michael E. Unger dated 10/28/2009 re: Counsel writes to clarify their request for a stay of the Court's Order dated 10/21/2009 directing Plaintiff to show good cause in writing by 10/29/2009 why the attachment should be maintained in light of the Second Circuit's decision. ENDORSEMENT: The Application is granted. The deadline for responding to this Court's order to show cause is extended to 11/25/2009. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/28/2009) (tve) Modified on 10/29/2009 (tve).
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10
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ORDER...it is hereby ORDERED that the 9/4/08 order of attachment will be vacated and the verified complaint dismissed without prejudice if Plaintiff does not show good cause in writing by 10/29/09 why the attachment should be maintained. (Signed by Judge Paul G. Gardephe on 10/21/09) (cd)
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9
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ENDORSED LETTER addressed to Judge Paul G. Gardephe from Michael E. Unger dated 8/28/09 re: counsel for plaintiff writes in response to the Court's August 26, 2009 Order directing Plaintiff to show cause why the attachment should be maintained. We fully recognize the October 24, 2008 Order requires Plaintiff to send a letter to the Court describing the status of the above captioned action every ninety (90) days, I sincerely apologize to the Court for having failed to report as to the status of this matter on July 22, 2009 as required. The undersigned is not in the habit of ignoring court orders. The fact is I simply failed to diary the next ninety (90) day report when sending our April 22, 2009 update. It is respectfully requested that the Court accept the foregoing as good cause and permit the attachment to remain in place pending conclusion of the arbitration. ENDORSEMENT: Counsel is directed to submit the next 90-day letter by October 22, 2009. (Signed by Judge Paul G. Gardephe on 8/31/09) (pl)
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ORDER; that the Court's 9/4/08 order of attachment will be vacated and the complaint dismissed w/out prejudice if Plaintiff does not show good cause by 9/9/09 why the attachment should be maintained. (Signed by Judge Paul G. Gardephe on 8/26/09) (ae)
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ORDER: It is hereby ORDERED that plaintiff Scanscot Shipping Services(Deutschland) GMBH shall submit regular status reports to the Court setting forth developments in this litigation, including in connection with the related arbitration proceeding in London. Such status reports shall be submitted every ninety days, with the first report due on January 22, 2009. Plaintiff is directed to immediately notify this Court of any settlement reached with Defendant, or other termination of the litigation between the parties. ( Status Report due by 1/22/2009.) (Signed by Judge Paul G. Gardephe on 10/24/08) (js)
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Minute Entry for proceedings held before Judge Paul G. Gardephe: Initial Pretrial Conference held on 10/24/2008. (jpo)
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6
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NOTICE OF STATUS CONFERENCE; Counsel for the Plaintiff is directed to appear before the Court for a status conference on October 24, 2008, at 10:00 A.M., in Courtroom 14C at the United States Courthouse, 500 Pearl Street, New York, New York. Principal counsel must appear at this and all subsequent conferences. Additional relief as set forth in this Order. (Signed by Judge Paul G. Gardephe on 10/16/08) (pl)
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AFFIDAVIT of Pamela L. Schultz pursuant to FRCP Rule B(1) and 4(c) . Document filed by Scanscot Shipping Services (Deutschland) GmbH. (Unger, Michael)
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5
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ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT & GARNISHMENT & APPOINTING PERSON TO SERVE PROCESS PURSUANT TO RULE 4(c) & SCOPE OF SERVICE against all tangible or intangible property...of the defendant in the amount of $381,188.82 pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure.... (Signed by Judge Paul A. Crotty on 9/4/2008 Part I) (jmi)
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3
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ENDORSED LETTER addressed to Judge Paul A. Crotty from Michael E. Unger dated 9/3/08 re: Counsel for Plaintiff requests that the Court authorize Plaintiff to submit to the case openings clerk a copy of the Verified Complaint with the typographical error corrected. ENDORSEMENT: Application granted. (Signed by Judge Paul A. Crotty on 9/4/08) - Part I (tro)
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MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Metales Tracomex LTDA on 9/4/2008 in the amount of $381,188.82. (jmi)
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2
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Scanscot Shipping Services (Deutschland) GmbH.(jfe) (mbe).
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1
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COMPLAINT against Metales Tracomex LTDA. (Filing Fee $ 350.00, Receipt Number 661450)Document filed by Scanscot Shipping Services (Deutschland) GmbH.(jfe) (mbe).
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SUMMONS ISSUED as to Metales Tracomex LTDA. (jfe)
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Magistrate Judge Andrew J. Peck is so designated. (jfe)
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Case Designated ECF. (jfe)
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