Young Conaway Fee App - Imerys
Young Conaway Fee App - Imerys
Young Conaway Fee App - Imerys
In re: Chapter 11
Authorized to Provide Professional Services as: The FCR and Counsel to the FCR
This Application includes 4.30 hours and $2,104.00 in fees incurred in connection with the preparation of
fee applications.
1
The Debtors in these cases, together with the last four digits of each Debtor’s federal taxpayer identification
number, are: Imerys Talc America, Inc. (6358), Imerys Talc Vermont, Inc. (9050) and Imerys Talc Canada Inc.
(6748). The Debtors’ address is 100 Mansell Court East, Suite 300, Roswell, Georgia 30076.
2
In light of the fact that James L. Patton, Jr., the legal representative for future talc personal injury claimants (the
“Future Claimants’ Representative” or “FCR”), is a member of the law firm of Young Conaway Stargatt & Taylor,
LLP (“YCST”), which serves as counsel to the FCR, the FCR and YCST will be submitting combined fee
applications in an effort to conserve costs. The FCR’s time and expense entries are distinguished from all other
members of YCST.
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3
Amount reflects a reduction of $8,828.00 pursuant to the First Omnibus Order Awarding Interim Allowance of
Compensation for Services Rendered and for Reimbursement of Expenses (the “First Omnibus Order”) [Docket No.
1173] and a reduction of $232,471.50 pursuant to the Order, Denying, in Part, the Combined First Interim Fee
Application Request of James L. Patton, Jr. as the Legal Representative for Future Talc Personal Injury Claimants
and Young Conaway Stargatt & Taylor, LLP as Counsel to the Legal Representative for Future Talc Personal
Injury Claimants for Allowance of Compensation and Reimbursement of Expenses for the Period from February 13,
2019 through May 31, 2019 (the “Supplemental Order”) [Docket No. 2551].
4
Amount reflects a reduction of $13,500.00 in fees and $18.60 in expenses pursuant to the Second Omnibus Order
Awarding Interim Allowance of Compensation for Services Rendered and for Reimbursement of Expenses (the
“Second Omnibus Order”) [Docket No. 1338].
5
Amount reflects a reduction of $10,500.00 pursuant to the Third Omnibus Order Awarding Interim Allowance of
Compensation for Services Rendered and for Reimbursement of Expenses (the “Third Omnibus Order”) [Docket No.
1841].
6
Amount reflects a reduction of $9,850.00 in fees and also excludes $119,658.50 in fees (the “Remaining YCST
Fees”) incurred with respect to (i) briefing on the issue of whether fees incurred in connection with the retention of
the FCR are compensable and (ii) the appeal relating to the appointment of the FCR. The Court indicated that it has
taken the approval of the Remaining YCST Fees under advisement pursuant to the Fourth Omnibus Order Awarding
Interim Allowance of Compensation for Services Rendered and for Reimbursement of Expenses (the “Fourth
Omnibus Order”) [Docket No. 2353].
7
Amount reflects a reduction of $10,500.00 in fees pursuant to the Fifth Omnibus Order Awarding Interim
Allowance of Compensation for Services Rendered and for Reimbursement of Expenses (the “Fifth Omnibus Order”)
[Docket No. 2957].
8
Amount reflects a reduction of $7,500.00 in fees pursuant to the Sixth Omnibus Order Awarding Interim
Allowance of Compensation for Services Rendered and for Reimbursement of Expenses (the “Sixth Omnibus
Order”) [Docket No. 3072].
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COMPENSATION BY INDIVIDUAL
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The FCR did not incur any expenses during the Fee Period.
Category Amount
Computerized Legal Research $38.18
Deposition / Transcript $14,489.18
Outside Litigation Support $3,582.28
Postage $65.66
Reproduction Charges $29.30
Teleconference / Video Conference $13.95
TOTAL DISBURSEMENTS: $18,218.55
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In re: Chapter 11
Pursuant to sections 330 and 331 of title 11 of the United States Code (as
amended, the “Bankruptcy Code”), Rule 2016 of the Federal Rules of Bankruptcy Procedure
(the “Bankruptcy Rules”), Rule 2016-2 of the Local Rules of Bankruptcy Practice and
Procedure of the United States Bankruptcy Court for the District of Delaware (the “Local
Rules”) and this Court’s March 25, 2019 Order Under 11 U.S.C. §§ 105(a) and 331, Fed. R.
Bankr. P. 2016(a), and Del. Bankr. L.R. 2016-2 Establishing Procedures for Interim
Compensation and Reimbursement of Professionals [Docket No. 301] (the “Administrative Fee
Order”), James L. Patton, Jr., the legal representative for future talc personal injury claimants
1
The Debtors in these cases, together with the last four digits of each Debtor’s federal taxpayer identification
number, are: Imerys Talc America, Inc. (6358), Imerys Talc Vermont, Inc. (9050) and Imerys Talc Canada Inc.
(6748). The Debtors’ address is 100 Mansell Court East, Suite 300, Roswell, Georgia 30076.
2
In light of the fact that James L. Patton, Jr., the legal representative for future talc personal injury claimants (the
“Future Claimants’ Representative” or “FCR”), is a member of the law firm of Young Conaway Stargatt & Taylor,
LLP (“YCST”), which serves as counsel to the FCR, the FCR and YCST will be submitting combined fee
applications in an effort to conserve costs. The FCR’s time and expense entries are distinguished from all other
members of YCST.
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monthly application for allowance of compensation for services rendered during the period from
July 1, 2021 through and including July 31, 2021 (the “Fee Period”) in the amount of $17,552.50
together with reimbursement for actual and necessary expenses incurred in the amount of $0.00,
and the law firm of Young Conaway Stargatt & Taylor, LLP (“YCST”, together with the Future
hereby submits its twenty-seventh monthly application for allowance of compensation for
legal services rendered during the Fee Period in the amount of $135,573.50 together with
reimbursement for actual and necessary expenses incurred in the amount of $18,218.55. In
Representative nunc pro tunc to February 13, 2019 pursuant to an order entered by this Court on
June 3, 2019 [Docket No. 647]. YCST was employed nunc pro tunc to February 13, 2019 to
represent the Future Claimants’ Representative pursuant to an order entered by this Court on
June 6, 2019 [Docket No. 669]. The orders authorized the Applicants to be compensated on an
Representative were performed for or on behalf of future claimants. All services for which
compensation is requested by YCST were performed for or on behalf of the Future Claimants’
Representative.
the Fee Period, showing the amount of $153,126.00 due for fees. Attached hereto as Exhibit B is
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a detailed statement of expenses incurred during the Fee Period, showing the amount of
4. The services rendered by the Applicants during the Fee Period are grouped
into the categories set forth in Exhibit A attached hereto. The professionals who rendered
services relating to each category are identified, along with the number of hours for each
individual and the total compensation sought for each category, in Exhibit A attached hereto.
DISBURSEMENTS
during the Fee Period in the amount of $0.00. YCST incurred out-of-pocket disbursements
during the Fee Period in the amount of $18,218.55. This disbursement sum is broken down into
categories of charges, including, among other things, telephone and facsimile and other charges,
mail and express mail charges, special or hand delivery charges, document processing,
photocopying charges, charges for mailing supplies (including, without limitation, envelopes and
labels) provided by the Firm to outside copying services for use in mass mailings, travel
expenses, expenses for “working meals,” computerized research, transcription costs, as well as
non-ordinary overhead expenses such as secretarial and other overtime. A complete review by
category of the expenses incurred during the Fee Period may be found in Exhibit B attached
hereto.
6. Costs incurred for overtime and computer assisted research are not included
in the Applicants’ normal hourly billing rates and, therefore, are itemized and included in the
Applicants’ disbursements. Pursuant to Del. Bankr. LR 2016-2, Applicants represent that their
rate for duplication is $0.10 per page for black and white copies and $0.80 per page for color
copies, their rate for outgoing telecopier transmissions is $0.25 per page (excluding related long
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distance transmission charges), there is no charge for incoming telecopier transmissions, and
VALUATION OF SERVICES
connection with this matter during the Fee Period. YCST expended a total of 188.20 hours in
8. The amount of time spent by the Applicants during the Fee Period is fully
set forth in Exhibit A attached hereto. The hourly rates set forth therein are the Applicants’
normal hourly rates of compensation for work of this character. The reasonable value of the
services rendered by the Future Claimants’ Representative during the Fee Period is $17,552.50.
The reasonable value of the services rendered by YCST during the Fee Period is $135,573.50.
9. Applicants believe that the time and expense entries included in Exhibits A
and B attached hereto are in compliance with the requirements of Del. Bankr. LR 2016-2.
10. In accordance with the factors enumerated in 11 U.S.C. § 330, the amount
requested is fair and reasonable given (a) the complexity of these cases, (b) the time expended,
(c) the nature and extent of the services rendered, (d) the value of such services, and (e) the costs
11. This Application covers the period from July 1, 2021 through and including
allowance be made in the sum of $17,552.50 as compensation for necessary professional services
rendered during the Fee Period and the sum of $0.00 for reimbursement of actual and necessary
costs and expenses incurred during the Fee Period, and YCST respectfully requests that
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allowance be made in the sum of $135,573.50 as compensation for necessary professional legal
services rendered during the Fee Period and the sum of $18,218.55 for reimbursement of actual
and necessary costs and expenses incurred during the Fee Period, and the Applicants further
request such other and further relief as this Court may deem just and proper.
Dated: August 31, 2021 YOUNG CONAWAY STARGATT & TAYLOR, LLP
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I, James L. Patton, Jr., declare under penalty of perjury and pursuant to 28 U.S.C. § 1746:
Claimants.
2. I have personally performed all of the services identified with my name in the
foregoing Application. All of the services were necessary to faithfully meet my responsibilities
as the Future Claimants’ Representative. My hourly rate, as set forth in the Application, is the
customary rate I charge for services of this nature. In my experience, this rate is consistent with
3. The facts set forth in the foregoing Application are true and correct to the best of
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In re: Chapter 11
1. I am a partner in the applicant firm, Young Conaway Stargatt & Taylor, LLP, and
have been admitted to the bar of the Supreme Court of Delaware since 1995.
Conaway Stargatt & Taylor, LLP as counsel to the Future Claimants’ Representative and am
thoroughly familiar with all other work performed on behalf of the Future Claimants’
3. The facts set forth in the foregoing Application are true and correct to the best of
1
The Debtors in these cases, together with the last four digits of each Debtor’s federal taxpayer identification
number, are: Imerys Talc America, Inc. (6358), Imerys Talc Vermont, Inc. (9050) and Imerys Talc Canada Inc.
(6748). The Debtors’ address is 100 Mansell Court East, Suite 300, Roswell, Georgia 30076.
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In re: Chapter 11
PLEASE TAKE NOTICE that on August 31, 2021, the Combined2 Twenty-
Seventh Monthly Application of James L. Patton, Jr. as the Legal Representative for
Future Talc Personal Injury Claimants and Young Conaway Stargatt & Taylor, LLP as
Counsel to the Legal Representative for Future Talc Personal Injury Claimants for
Allowance of Compensation and Reimbursement of Expenses for the Period From July 1,
2021 Through July 31, 2021 (the “Application”) was filed with the United States Bankruptcy
Court for the District of Delaware. In the Application, the FCR seeks interim allowance of fees
in the amount of $17,552.50 and expenses in the amount of $0.00 and YCST seeks interim
allowance of fees in the amount of $135,573.50 and expenses in the amount of $18,218.55.
PLEASE TAKE FURTHER NOTICE that you must also serve a copy of the
objection so as to be received by the following parties on or before the Objection Deadline: (i) the
Debtors, Imerys Talc America, Inc., 100 Mansell Court East, Suite 300, Roswell, Georgia 30076
(Attn: Ryan J. Van Meter, Esq. ([email protected]); (ii) counsel to the Debtors, (a)
Latham & Watkins LLP, 355 South Grand Avenue, Suite 100, Los Angeles, California 90071-
1560 (Attn: Jeffrey E. Bjork, Esq. and Helena G. Tseregounis, Esq. ([email protected] and
[email protected])) and (b) Richards, Layton & Finger, P.A., One Rodney Square, 920
North King Street, Wilmington, Delaware 19801 (Attn: Mark D. Collins, Esq. ([email protected]));
(iii) counsel to the FCR, Young Conaway Stargatt & Taylor, LLP, Rodney Square, 1000 North
King Street, Wilmington, Delaware 19801 (Attn: Edwin J. Harron, Esq. and Robert S. Brady, Esq.
1
The Debtors in these cases, together with the last four digits of each Debtor’s federal taxpayer identification
number, are: Imerys Talc America, Inc. (6358), Imerys Talc Vermont, Inc. (9050) and Imerys Talc Canada Inc.
(6748). The Debtors’ address is 100 Mansell Court East, Suite 300, Roswell, Georgia 30076.
2
In light of the fact that James L. Patton, Jr., the legal representative for future talc personal injury claimants (the
“Future Claimants’ Representative” or “FCR”), is a member of the law firm of Young Conaway Stargatt & Taylor,
LLP (“YCST”), which serves as counsel to the FCR, the FCR and YCST will be submitting combined fee
applications in an effort to conserve costs. The FCR’s time and expense entries are distinguished from all other
members of YCST.
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([email protected] and [email protected])); (iv) the Office of the U.S. Trustee, 844 King Street,
Suite 2207, Lockbox 35, Wilmington, Delaware 19801 (Attn: Juliet M. Sarkessian, Esq., Linda
Richenderfer, Esq. and Christine Green, Esq. ([email protected],
[email protected], and [email protected])); (v) the Fee Examiner:
M.J. Renick & Associates LLC, 51 Seacord Road, New Rochelle, NY 10804 (Attn: M. Jacob
Renick, CPA, CIRA, CFE (jrenick@mjrenick)); and (vi) counsel to the Official Committee of Tort
Claimants, Robinson & Cole LLP, 1000 N. West Street, Suite 1200, Wilmington, Delaware 19801
(Attn: Natalie D. Ramsey, Esq. and Mark A. Fink, Esq. ([email protected] and [email protected])).
Dated: August 31, 2021 YOUNG CONAWAY STARGATT & TAYLOR, LLP
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EXHIBIT A
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YOUNG CONAWAY STARGATT & TAYLOR, LLP
RODNEY SQUARE
1000 NORTH KING STREET
WILMINGTON, DELAWARE 19801
James L. Patton, Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
CURRENT INVOICE
Disbursements $ 18,218.55
Time Detail
Page Number 2
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Page Number 3
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Page Number 4
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Page Number 5
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Page Number 6
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Page Number 7
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Page Number 8
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Page Number 10
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Page Number 11
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Page Number 12
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Page Number 14
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Page Number 15
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Page Number 18
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Page Number 19
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Page Number 20
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Timekeeper Summary
Page Number 21
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Task Summary
Page Number 22
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Page Number 23
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EXHIBIT B
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Cost Detail
Total $18,218.55
Page Number 24
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Patton, James L., Jr., Future Claimants Representative Invoice Date: August 23, 2021
Invoice Number: 50026615
Matter Number: 077187.1001
Cost Summary
Description Amount
Computerized Legal Research 38.18
Deposition/Transcript 14,489.18
Outside Litigation Support 3,582.28
Postage 65.66
Reproduction Charges 29.30
Teleconference / Video Conference 13.95
Total $18,218.55
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In re: Chapter 11
CERTIFICATE OF SERVICE
I, hereby certify on August 31, 2021, the Combined Twenty-Seventh Monthly Fee
Application of James L. Patton, Jr. as the Legal Representative for Future Talc Personal Injury
Claimants and Young Conaway Stargatt & Taylor, LLP as Counsel to the Legal Representative
for Future Talc Personal Injury Claimants for Allowance of Compensation and Reimbursement of
Expenses for the Period From July 1, 2021 through July 31, 2021 (the “Application”) was caused
to be served as indicated upon the parties identified in Exhibit A and the Notice of Fee Application
(the “Notice”) was caused to be served as indicated upon the parties identified in Exhibit B.
Dated: August 31, 2021 YOUNG CONAWAY STARGATT & TAYLOR, LLP
1
The Debtors in these cases, together with the last four digits of each Debtor’s federal taxpayer identification number,
are: Imerys Talc America, Inc. (6358), Imerys Talc Vermont, Inc. (9050) and Imerys Talc Canada Inc. (6748). The
Debtors’ address is 100 Mansell Court East, Suite 300, Roswell, Georgia 30076.
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EXHIBIT A
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Richards, Layton & Finger, P.A. Office of the United States Trustee
Attn: Mark D. Collins Attn: Juliet M. Sarkessian, Linda Richenderfer, and
One Rodney Square Christine Green
920 North King Street 844 King Street, Suite 2207
Wilmington, DE 19801 Lockbox 35
Email: [email protected] Wilmington, DE 19801
Email: [email protected]
[email protected]
[email protected]
EXHIBIT B
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Service List re: Imerys Talc America, Inc., et al. (Case No. 19-10289 (LSS))
(All Parties Served Via Email Unless Otherwise Noted)
Service List re: Imerys Talc America, Inc., et al. (Case No. 19-10289 (LSS))
(All Parties Served Via Email Unless Otherwise Noted)
Service List re: Imerys Talc America, Inc., et al. (Case No. 19-10289 (LSS))
(All Parties Served Via Email Unless Otherwise Noted)
Service List re: Imerys Talc America, Inc., et al. (Case No. 19-10289 (LSS))
(All Parties Served Via Email Unless Otherwise Noted)
Service List re: Imerys Talc America, Inc., et al. (Case No. 19-10289 (LSS))
(All Parties Served Via Email Unless Otherwise Noted)
Service List re: Imerys Talc America, Inc., et al. (Case No. 19-10289 (LSS))
(All Parties Served Via Email Unless Otherwise Noted)
Service List re: Imerys Talc America, Inc., et al. (Case No. 19-10289 (LSS))
(All Parties Served Via Email Unless Otherwise Noted)
Service List re: Imerys Talc America, Inc., et al. (Case No. 19-10289 (LSS))
(All Parties Served Via Email Unless Otherwise Noted)
Service List re: Imerys Talc America, Inc., et al. (Case No. 19-10289 (LSS))
(All Parties Served Via Email Unless Otherwise Noted)
Service List re: Imerys Talc America, Inc., et al. (Case No. 19-10289 (LSS))
(All Parties Served Via Email Unless Otherwise Noted)
Service List re: Imerys Talc America, Inc., et al. (Case No. 19-10289 (LSS))
(All Parties Served Via Email Unless Otherwise Noted)
Service List re: Imerys Talc America, Inc., et al. (Case No. 19-10289 (LSS))
(All Parties Served Via Email Unless Otherwise Noted)
Service List re: Imerys Talc America, Inc., et al. (Case No. 19-10289 (LSS))
(All Parties Served Via Email Unless Otherwise Noted)
Service List re: Imerys Talc America, Inc., et al. (Case No. 19-10289 (LSS))
(All Parties Served Via Email Unless Otherwise Noted)
Service List re: Imerys Talc America, Inc., et al. (Case No. 19-10289 (LSS))
(All Parties Served Via Email Unless Otherwise Noted)