Case AJC Doc 581 Filed 02/04/15 Page 1 of 5 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

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1 Case AJC Doc 581 Filed 02/04/15 Page 1 of 5 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: Case No BKC-AJC MERENDON MINING (Nevada), INC. Chapter 7 a/k/a Milowe Brost, Debtor. / TRUSTEE'S BANKRUPTCY RULE 9019 MOTION TO APPROVE SETTLEMENT WITH THE U.S. ENVIRONMENTAL PROTECTION AGENCY WITH RESPECT TO THE EPA S PROOF OF CLAIM NO. 635, AND THE TRUSTEE S OBJECTION TO THE SAME (D.E. 543) Any interested party who fails to file and serve a written response to this motion within 21 days after the date of service stated in this motion shall, pursuant to Local Rule (D), be deemed to have consented to the entry of an order in the form attached to this motion. Any scheduled hearing may then be canceled. Marcia Dunn, as the Chapter 7 Trustee ( Trustee ) for the Estate of Merendon Mining (Nevada), Inc., pursuant to Bankruptcy Rule 9019 and Local Rule (D), files this Motion to Approve Settlement with the U.S. Environmental Protection Agency (the EPA ), resolving the Trustee s Objection (the Objection ) (D.E. 543) to the EPA s Proof of Claim No. 635 (the EPA Claim ) in the original claimed amount of $583, (the EPA Claimed Amount ) by allowing EPA on the EPA Claim an allowed claim as a general unsecured creditor in the amount of $65, (the EPA Allowed Amount ), as set forth in the Settlement Agreement attached as Exhibit A hereto, and states: PROCEDURAL BACKGROUND 1. On February 2, 2009, Petitioning Creditors Eileen McCabe and Jane L. Otto filed a Chapter 7 Involuntary Petition in the Southern District of Florida against the Debtor, Merendon Mining (Nevada), Inc., a Nevada corporation, whose principal place of business was in Miami- Dade County, and on June 6, 2009, this court entered an Order for Relief (D.E. #29). On June 10, 1

2 Case AJC Doc 581 Filed 02/04/15 Page 2 of , Marcia Dunn was appointed as the Chapter 7 Trustee ( Trustee ) (D.E. #30). 2. On December 18, 2009, the Trustee filed a Motion for Substantive Consolidation of Non-Debtor Entities (the Subcon Motion ) (D.E. #70, D.E. #8 Adversary Proceeding No AJC (the Adversary Case ). On January 27, 2010, this Court entered an Order (the Subcon Order ) substantively consolidating, the non-debtor entities, nunc pro tunc, to the Petition Date (D.E. #84, D.E. #20 Adversary Case). 3. On February 10, 2010, the Trustee filed a Motion for Partial Summary Judgment (D.E. #27) (D.E. #27 Adversary Case). On February 19, 2010, this court entered an Order setting a hearing on the Trustee s Motion for Partial Summary Judgment for March 11, 2010, and setting the deadline for filing objections by affidavit or memorandum for March 9, 2010 (D.E. #47 Adversary Case), and on February 22, 2010, the Trustee filed and served a Notice Regarding Opposing Motions for Summary Judgment to the non-debtor defendant entities. (D.E. #48 Adversary Case). No opposition to the Motion for Summary Judgment was filed with this Court or served upon the Trustee. On March 11, 2010, the Court entered an Order granting Partial Summary Judgment in favor of the Trustee (D.E. #62 Adversary Case) (the Judgment ) in part piercing the corporate veil of the non-debtor entities, determining that certain mining entities and properties were property of the Debtor s estate, substantively consolidating those entities into the Debtor s estate, and extending the automatic stay over the those entities. 4. The EPA asserted a claim against the Debtor, Merendon Mining (Nevada), Inc., for $583,116.00, plus interest, for recovery of response costs under the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA ), 42 U.S.C , for work performed on the mining property located in Gilpin County, Colorado commonly referred to as the Glory Hole Mine. The EPA seeked to impose liability against Debtor as the owner of Glory Hole Mine as a result of the substantive consolidation of the Debtor with the non-debtor entity Sentinel Mining Corporation. As provided in the Settlement Agreement, the 2

3 Case AJC Doc 581 Filed 02/04/15 Page 3 of 5 Trustee and EPA have agreed that the allowed claim amount of $65, (the EPA Allowed Claim ) shall be paid to the EPA as a General Unsecured Claim, or at an amount that is 11% of the amount sought in the EPA s claim. 5. [A]pproval of a settlement in a bankruptcy proceeding is within the sound discretion of the court. In re Arrow Air, Inc., 85 B.R. 886, 891 (Bankr. S.D. Fla. 1988), citing Rivercity v. Herpel (In re Jackson Brewing Co.), 624 F. 2d 599, (5th Cir. 1980), Anaconda-Ericsson, Inc. v Hessen (In re Teltronics Services Inc.), 762 F.2d 185, 189 (2d Cir. 1985), and In re Prudence Co., 98 F.2d 559 (2d Cir. 1938), cert. denied sub nom. Stein v. McGrath, 306 U.S. 636 (1939). 6. In assessing whether a proposed settlement should be approved pursuant to Bankruptcy Rule 9019, the court should consider (a) the probability of success in litigation; (b) the difficulties, if any, to be encountered in the matter of collection; (c) the complexity of the litigation involved and the expense, inconvenience and delay necessarily attending it; and (d) the paramount interest of the creditors and a proper deference to their reasonable views in the premises. In re Justice Oaks II, Ltd., 898 F. 2d 1544, 1549 (11th Cir. 1990), cert. denied, 498 U.S. 959 (1990). 7. In analyzing the proposed settlement agreement, the applicable test is whether the proposed settlement "falls below the lowest point in the range of reasonableness." Anaconda Ericsson, Inc. v. Hessen (In re Teltronics Services Inc.), 762 F.2d 185, 189 (2d Cir. 1985); Newman v. Stein, 464 F. 2d 689, 693 (2d Cir.), cert. denied, 409 U.S (1972); Cosoff v. Rodman (In re W.T. Grant Co.), 699 F.2d 599, 608 (2nd Cir.), cert. denied, 464 U.S. 822 (1983). 8. The trustee presents the following in support of this motion, for the court's consideration in its evaluating the proposed settlement. The issue in this matter is whether the EPA can assert liability against the estate for environmental cleanup costs of the Glory Hole Mine in which the Trustee had disavowed any interest. The Court is well aware of the history of 3

4 Case AJC Doc 581 Filed 02/04/15 Page 4 of 5 the Glory Hole mine and the various disputed claims over the ownership of such a mine. It was as a result of those disputed claims that the Trustee relinquished and disavowed any ownership claims she may have had to that property. The issue comes down to whether the EPA can assert those claims during the period prior to the Trustee s disavowal of its interest in the property. The Trustee believes and submits that due to the limited resources available to the estate, the legal fees and costs necessary to litigate this matter, and the uncertainty of the result, that based upon the test set forth above, the proposed settlement is reasonable and in the best interests of the estate. WHEREFORE, the trustee seeks the entry of an order, in the form attached as Exhibit B, approving the Settlement Agreement. Dated: February 4, 2015 GRAYROBINSON, P.A. Attorney for Marcia Dunn, Chapter 7 Trustee 401 East Las Olas Blvd., Suite 1000 Fort Lauderdale, FL Ph.: 954/ Fax: 954/ /s/ Ivan J. Reich Ivan J. Reich Fla. Bar No ivan.reich@gray-robinson.com 4

5 Case AJC Doc 581 Filed 02/04/15 Page 5 of 5 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a copy of the foregoing was served on the 4th day of February, 2015 to (i) all parties registered to receive service via the Court s CM/ECF system, including the U.S. Trustee, (ii) all parties via mail on the attached service list, and (iii) in accordance with the Court s Order of December 30, 2009 [D.E. #74 in the Main case], shall be posted to set up for the purposes of providing information on this case. SERVICE LIST Grisel Alonso Assistant United States Attorney Office of the United States Attorney 99 N.E. 4th Street, Suite 300 Miami, FL E. Alan Hampson Counsel to Estate of William B Kemper & Marjorie Robbins Daggett 1420 Vance Street #200 Lakewood, CO Andrea Madigan Enforcement Attorney Legal Enforcement Program, U.S. EPA Region Wynkoop Street Denver, CO U.S. Environmental Protection Agency Elliot M. Rockler, Trial Attorney Environmental Enforcement Section Environment and Natural Resources Div. P.O. Box 7611 Ben Franklin Station Washington, DC U.S. Securities and Exchange Commission Office of Reorganization 950 East Paces Ferry Road, Suite 900 Atlanta, GA Ileana Cruz Bongini, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. The Estate of Robert F. Barnes Museum Tower, Suite West Flagler Street Miami, Florida Internal Revenue Service P.O. Box 7346 Philadelphia, PA \351016\4 - # v1 5

6 Case AJC Doc Filed 02/04/15 Page 1 of 12 IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: MERENDON MINING (Nevada), INC. a/k/a Milowe Brost, Chapter 7 Case No BKC-AJC Debtor. SETTLEMENT AGREEMENT ALLOWING GENERAL UNSECURED CLAIM NO. 635 OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY (D.E. 543) WHEREAS, creditors of Merendon Mining (Nevada), Inc. (Debtor) filed an involuntary Chapter 7 bankruptcy petition against the Debtor on February 4, 2009 (the Petition Date ), with the United States Bankruptcy Court for the Southern District of Florida (the Bankruptcy Court ), which has been administered as In re: Merendon Mining (Nevada), Inc., Case No AJC (the Bankruptcy Case ); WHEREAS, Marcia T. Dunn, the Chapter 7 Trustee of the consolidated estates in this matter (the Trustee ) brought an adversary proceeding against the United States Environmental Protection Agency (the EPA ) (hereinafter the Parties ) and other parties, to determine the validity, priority, and extent of any liens, claims, encumbrances, and interests in certain Colorado mining properties owned by the Debtor on October 19, 2010; WHEREAS, the United States, on behalf of the EPA, filed a proof of claim (Claim No. 635) (the EPA Proof of Claim ), contending that Debtor is liable under the Comprehensive Environmental Response, Compensation, and Liability Act

7 Case AJC Doc Filed 02/04/15 Page 2 of 12 ( CERCLA ), 42 U.S.C , for $583,116.00, plus interest, in costs incurred by the United States in response to releases and threats of releases of hazardous substances at or in connection with the Central City/Clear Creek Superfund Site, located in Clear Creek County and Gilpin County, Colorado (the Site ); WHEREAS, the EPA Proof of Claim asserts the aforementioned response cost liability as a general unsecured claim; WHEREAS, the EPA Proof of Claim sets forth the United States position that the Debtor s obligation to comply with work obligations, including but not limited to cleanup obligations, under court orders, administrative orders, environmental statutes, regulations, licenses, and permits is not dischargeable pursuant to Section 1141 of the Bankruptcy Code; WHEREAS, the Trustee disagrees with the United States contentions and, but for this settlement agreement, would dispute, in whole or in part, the EPA Proof of Claim; WHEREAS, the Trustee and EPA wish to resolve their differences with respect to the EPA Proof of Claim as provided herein; WHEREAS, this settlement agreement represents a compromise of the contested positions of the Parties that is entered into solely for purposes of this settlement, and the Parties reserve their legal arguments as to any issues involved in other matters; WHEREAS, this settlement agreement is in the public interest and is an appropriate means of resolving these matters; 2

8 Case AJC Doc Filed 02/04/15 Page 3 of 12 NOW, THEREFORE, without the admission of liability or the adjudication of any issue of fact or law, and upon the consent and agreement of the Parties to this settlement agreement by their attorneys and authorized officials, it is hereby agreed as follows: 1. The Bankruptcy Court has jurisdiction over the subject matter hereof pursuant to 28 U.S.C. 157, 1331, and 1334, and 42 U.S.C and 9613(b). 2. This settlement agreement applies to, is binding upon, and shall inure to the benefit of the United States, the Trustee, and the Debtor s estate. 3. With respect to the Site, the United States on behalf of EPA shall have an allowed claim of $65, (the EPA Allowed Claim ), to be paid as a General Unsecured Claim. 4. EPA may, in its sole discretion, deposit any portion of any cash distributions it receives pursuant to this settlement agreement into an EPA special account established for the Site within the Hazardous Substance Superfund, to be retained and used to conduct or finance response actions at or in connection with the Site, or to be transferred to the Hazardous Substance Superfund. 5. Only the amount of cash received by EPA pursuant to this settlement agreement for the EPA Allowed Claim, and not the total amount of the EPA Allowed Claim, shall be credited by EPA to its account for the Site, which credit shall reduce the liability of non-settling potentially responsible parties for that site by the amount of the credit. 6. Cash distributions to the United States pursuant to this settlement agreement shall be made at or by FedWire Electronic Funds Transfer in 3

9 Case AJC Doc Filed 02/04/15 Page 4 of 12 accordance with instructions, including a Consolidated Debt Collection System ( CDCS ) number, to be provided to the Trustee by the Financial Litigation Unit of the United States Attorney s Office for the Southern District of Florida. Non-cash distributions to the United States shall be made to: U.S. EPA Cincinnati Finance Center Attn: Accounts Receivable Branch EPA/OCFO/OFS/CFC/ARB 4411 Montgomery Road Suite 310 Cincinnati, OH At the time of any cash or non-cash distribution pursuant to this settlement agreement, the Trustee shall transmit written confirmation of such distribution to the United States at the addresses specified below, with a reference to Bankruptcy Case Number BKC-AJC, the CDCS number, and Site/Spill ID Number 08-13: Chief, Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box 7611 Washington, DC Ref. DOJ File No Joe Poetter 8TMS-FMP U.S. EPA Region Wynkoop St. Denver, CO Notwithstanding any other provision of this settlement agreement, and except as provided under applicable non-bankruptcy law, there shall be no restrictions on the ability and right of EPA to transfer or sell all or a portion of any distributions pursuant to 4

10 Case AJC Doc Filed 02/04/15 Page 5 of 12 this settlement agreement to one or more third parties, or to transfer or sell to one or more third parties all or a portion of the EPA Allowed Claim. 8. In consideration of the distributions that will be made under the terms of this settlement agreement, and except as specifically provided in Paragraphs 9-11, EPA covenants not to file a civil action or take administrative action against the Trustee or the Debtor s estate pursuant to Sections 106 or 107 of CERCLA, 42 U.S.C or 9607, with respect to the Site. 9. The covenant set forth in Paragraph 8 extends only to the Trustee and the Debtor s estate do not extend to any other person. Nothing in this settlement agreement is intended as a covenant for any person or entity other than the Trustee and the United States. EPA and the Trustee expressly reserve all claims, demands, and causes of action, either judicial or administrative, past, present, or future, in law or equity, which they may have against all other persons, firms, corporations, entities, or predecessors for any matter arising at or relating in any manner to the Site. Further, nothing in this settlement agreement diminishes the right of the United States, pursuant to Section 113(f)(2) and (3) of CERCLA, 42 U.S.C. 9613(f)(2)-(3), to enter into any settlement that gives rise to contribution protection for any person not a party to this settlement agreement. 10. The covenant set forth in Paragraph 8 does not pertain to any matters other than those expressly specified therein. The United States expressly reserves, and this settlement agreement is without prejudice to, all rights against the Trustee with respect to all matters other than those set forth in Paragraph 8. The United States also specifically reserves, and this settlement agreement is without prejudice to, any action based on a 5

11 Case AJC Doc Filed 02/04/15 Page 6 of 12 failure to meet a requirement of this settlement agreement. In addition, the United States reserves, and this settlement agreement is without prejudice to, all rights against the Trustee or Debtor with respect to the Site for liability under federal or state law for acts by the Trustee or Debtor, their successors, or assigns that occur after the date of lodging of this settlement agreement. 11. Nothing in this settlement agreement shall be deemed to limit the authority of the United States to take any response action under Section 104 of CERCLA, 42 U.S.C. 9604, or any other applicable statute or regulation, or to alter the applicable legal principles governing judicial review of any action taken by the United States pursuant to such authority, provided, however, that nothing in this sentence affects the covenant set forth in Paragraph 8. Nothing in this settlement agreement shall be deemed to limit the information-gathering authority of the United States under Sections 104 and 122 of CERCLA, 42 U.S.C and 9622, or any other applicable statute or regulation, or to excuse the Trustee or Debtor from any disclosure or notification requirements imposed by CERCLA or any other applicable statute or regulation. 12. The Trustee covenants not to sue and agrees not to assert or pursue any claims or causes of action against the United States, including any department, agency, or instrumentality of the United States, with respect to the Site, including, but not limited to: (i) any direct or indirect claim for reimbursement from the Hazardous Substance Superfund established pursuant to 26 U.S.C. 9507; (ii) any claim under Sections 107 or 113 of CERCLA, 42 U.S.C or 9613, or Section 7002(a) of RCRA, 42 U.S.C. 6972(a); or (iii) any claims arising out of response activities at the Site. Nothing in this 6

12 Case AJC Doc Filed 02/04/15 Page 7 of 12 settlement agreement shall be deemed to constitute preauthorization of a claim within the meaning of Section 111 of CERCLA, 42 U.S.C. 9611, or 40 C.F.R (d). 13. Notwithstanding any other provision of this settlement agreement, the Trustee reserves, and this settlement agreement is without prejudice to, claims against the United States in the event any claim is asserted by the United States against the Trustee pursuant to any of the reservations set forth in Paragraph 10, other than for failure to meet a requirement of this settlement agreement, but only to the extent that the Trustee s claim arises from the same response action or response costs that the United States is seeking pursuant to the applicable reservation. 14. The Parties hereto agree, and by entering this settlement agreement the Bankruptcy Court finds, that this settlement agreement constitutes a judicially-approved settlement for purposes of Section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2), and that the Trustee is entitled to protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2), or as may be otherwise provided by law, for matters addressed in this settlement agreement. The matters addressed in this settlement agreement are all response actions taken or to be taken, and all response costs incurred or to be incurred, at or in connection with the Site by the United States or any potentially responsible parties, provided, however, that, if EPA exercises rights under the reservations in Paragraph 10, other than for failure to meet a requirement of this settlement agreement, the matters addressed in this settlement agreement shall no longer include those response costs or response actions that are within the scope of the exercised reservation. 7

13 Case AJC Doc Filed 02/04/15 Page 8 of This settlement agreement shall be subject to approval of the Bankruptcy Court. The Trustee shall promptly seek approval of this settlement agreement under Bankruptcy Rule 9019 or applicable provisions of the Bankruptcy Code. 16. This settlement agreement shall be lodged with the Bankruptcy Court and shall thereafter be subject to a period of public comment following publication of notice of the settlement agreement in the Federal Register. After the conclusion of the public comment period, the United States will file with the Bankruptcy Court any comments received, as well as the United States responses to the comments, and at that time, if appropriate, the United States will request approval of the settlement agreement. The United States reserves the right to withdraw or withhold its consent if the comments regarding the Settlement agreement disclose facts or considerations which indicate that the Settlement agreement is not in the public interest. 17. If for any reason (a) the settlement agreement is withdrawn by the United States as provided in Paragraph 16, or (b) the settlement agreement is not approved by the Bankruptcy Court: (i) this settlement agreement shall be null and void, and the Parties hereto shall not be bound under the Settlement agreement or under any documents executed in connection herewith; (ii) the Parties shall have no liability to one another arising out of or in connection with this settlement agreement or under any documents executed in connection herewith; and (iii) this settlement agreement and any documents prepared in connection herewith shall have no residual or probative effect or value. 18. This settlement agreement constitutes the sole and complete agreement of the parties hereto with respect to the matters addressed herein. 8

14 Case AJC Doc Filed 02/04/15 Page 9 of This settlement agreement may not be amended except by a writing signed by the Parties and approved by the Bankruptcy Court. 20. This settlement agreement may be executed in counterparts, each of which shall constitute an original, and all of which shall constitute one and the same agreement. 21. The Bankruptcy Court (or, upon withdrawal of the Bankruptcy Court s reference, the United States District Court for the Southern District of Florida) shall retain jurisdiction over the subject matter of this settlement agreement and the Parties hereto for the duration of the performance of the terms and provisions of this settlement agreement for the purpose of enabling any of the Parties to apply at any time for such further order, direction, and relief as may be necessary or appropriate for the construction or interpretation of this settlement agreement or to effectuate or enforce compliance with its terms. 9

15 Case AJC Doc Filed 02/04/15 Page 10 of 12 The undersigned party hereby enters into this settlement agreement in In re Merendon Mining (Nevada), Inc. a/k/a Milowe Brost, Case No BKC-AJC (Bankr. S.D.Fla.). FOR THE UNITED STATES OF AMERICA: Date: By: NATHANIEL DOUGLAS Deputy Section Chief Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice Date: By: ELLIOT ROCKLER Trial Attorney Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box 7611 Washington, DC WILFREDO A. FERRER United States Attorney Southern District of Florida Date: By: Assistant United States Attorney United States Attorney s Office Southern District of Florida 99 NE 4 th Street Miami, FL

16 Case AJC Doc Filed 02/04/15 Page 11 of 12 The undersigned party hereby enters into this settlement agreement in In re Merendon Mining (Nevada), Inc. a/k/a Milowe Brost, Case No BKC-AJC (Bankr. S.D.Fla.). FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY: Date: By: Andrea Madigan Acting Director, Legal Enforcement Program U.S. EPA Region 8 Date: By: Kelcey Land, Director RCRA/CERCLA Technical Enforcement Program U.S. EPA Region 8 11

17 Case AJC Doc Filed 02/04/15 Page 12 of 12 The undersigned party hereby enters into this settlement agreement in In re Merendon Mining (Nevada), Inc. a/k/a Milowe Brost, Case No BKC-AJC (Bankr. S.D.Fla.). FOR THE TRUSTEE: Date: By: 12

18 Case AJC Doc Filed 02/04/15 Page 1 of 2 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: Case No BKC-AJC MERENDON MINING (Nevada), INC. Chapter 7 a/k/a Milowe Brost, Debtor. / ORDER GRANTING TRUSTEE'S MOTION TO APPROVE SETTLEMENT WITH GENERAL UNSECURED CLAIM NO. 635 OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY THIS CAUSE having come before this Court without a hearing on the Trustee's Motion to Approve Settlement with the U.S. Environmental Protection Agency (the EPA ), resolving the Trustee s Objection (the Objection ) (D.E. 543) to the EPA s Proof of Claim No. 635 as a General Unsecured Claim. The court having reviewed the motion and proposed settlement, and 1

19 Case AJC Doc Filed 02/04/15 Page 2 of 2 finding that no objection has been filed under Local Rule (D), and that the settlement is in the best interests of the estate, it is ordered: 1. The motion is granted and the Settlement Agreement attached as Exhibit A to the motion is approved. 2. The parties are directed to comply with the terms of the Settlement Agreement. 3. The 14-day stay provided under Fed. R. Bankr. P. 6004(h) is waived. 4. The Trustee s Objection to the EPA s Claim No. 635, is GRANTED in part, and DENIED in part, so that Claim No. 635 shall be reduced and ALLOWED as a GENERAL UNSECURED CLAIM in the amount of $65, The Clerk of the Court is directed to update the Claims Register to reflect this allowed general unsecured claim in this amount. Submitted by: Ivan Reich, Esq. GrayRobinson, PA Counsel for the Trustee 401 E. Las Olas Blvd., Suite 1000 Ft. Lauderdale, FL Telephone: Facsimile: ivan.reich@gray-robinson.com # # # (Mr. Reich shall upon receipt serve a copy of this Order upon Elliot Rockler, counsel for the EPA, via Elliot.Rockler@usdoj.gov, and shall serve the limited service list approved in DE 74 in the manner approved by this Court, and shall file a certificate of service indicating that such service has occurred). \351016\4 - # v1 2