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Full title: Adversary case 21-01465. Complaint by Aluminum Shapes, L.L.C. against Talen Energy Marketing, LLC. Fee Amount $ 350.. (21 (Validity, priority or extent of lien or other interest in property)) (Attachments: # 1 Exhibit A # 2 Exhibit B) (George, Edmond) (Entered: 11/09/2021)

Document posted on Nov 8, 2021 in the bankruptcy, 19 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

CIVIL DOCKET FOR CASE #: 5:19-cv-04303-H SP LEN ENERGY MARKETING, LLC v. ALUMINUM SHAPES, LLC Date Filed: 09/18/2019signed to:/18/2019 2 Disclosure Statement Form pursuant to FRCP 7.1 Identifying Corporate Parent TALEN ENERGY CORPORATION for TALEN ENERGMARKETING, LLC. by TALEN ENERGY MARKETING, LLC.(DT) (Entered: 09/19/2019)/18/2019 1 Original Summons Issued as to ALUMINUM SHAPES, LLC.(Entered: 09/09/2020) /23/2020 40 RESPONSE to Motion re 39 MOTION to Alter Judgment Mold Judgment to Include Attorney's Fees, Expenses and Interest with Exhibit and Certificate of Service filed by ALUMINUM SHAPES, LLC.CIVIL DOCKET FOR CASE #: 1:21-mc-00003 -RBK LEN ENERGY MARKETING, LLC v. ALUMINUM SHAPES, LLC Date Filed: 04/09/2021signed to: Judge Robert B. Kugler se in other court: USDC- EASTER N DISTRICT OF PENNSYLVANIA, 5:19-cv-04303-HSPintiff LEN ENERGY MARKETING, LLC fendant UMINUM SHAPES, LLC ate1 REGISTRATION of Foreign Judgment entered on 02/12/2021 in the District of EASTERN DISTRICT OF PENNSYLVANIA in favor ofTALEN ENERGY MARKETING, LLC against ALUMINUM SHAPES, LLC in the amount of $1,557,747.51, filed by TALEN ENERGYMARKETING, LLC.

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UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-1(b) OBERMAYER REBMANN MAXWELL & HIPPEL LLP Edmond M. George, Esquire Michael D. Vagnoni, Esquire (pro hac vice) Turner N. Falk, Esquire 1120 Route 73, Suite 420 Mount Laurel, NJ 08054-5108 Telephone: (856) 795-3300 Facsimile: (856) 482-0504 E-mail: edmond.george@obermayer.com michael.vagnoni@obermayer.com turner.falk@obermayer.com Counsel to the Debtor and Debtor in Possession In re: Chapter 11 ALUMINUM SHAPES, L.L.C., Case No. 21-16520-JNP Debtor. ALUMINUM SHAPES, L.L.C., ADVERSARY NO. Plaintiff, v. COMPLAINT TALEN ENERGY MARKETING, LLC, Defendant. Aluminum Shapes, L.L.C. (the “Debtor” or the “Plaintiff”), by and through its counsel, Obermayer Rebmann Maxwell & Hippel LLP, brings this adversary proceeding complaint against the Defendant and Creditor, Talen Energy Marketing, LLC (“Talen” or the “Defendant” or the “Creditor”), and states as follows:

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PRELIMINARY STATEMENT 1. This adversary proceeding is commenced by the Debtor, pursuant to §§ 502, 506, 544, and 547 of title 11 of the United States Code, 11 U.S.C. §§ 101, et seq. (as amended, the “Bankruptcy Code”), and Rules 7001(2) and (8) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”). 2. This adversary proceeding arises from Talen’s failure to properly levy upon a judgment it obtained in the United States District Court for the Eastern District of Pennsylvania (the “EDPA”); which was then transferred to, and domesticated in the United States District Court for the District of New Jersey (the “DNJ”). 3. Talen’s failure to properly levy renders the Lien created by that judgment avoidable pursuant to sections 502, 506, 544, and 547 of the Bankruptcy Code. 4. Accordingly, the Debtor requests avoidance of the Lien, a determination that Talen’s claim is unsecured, and related relief. I. PARTIES 5. The Debtor, Aluminum Shapes, L.L.C., is a limited liability company doing business in New Jersey, with an address at 9000 River Road, Delair, New Jersey 08110. 6. Upon information and belief, Talen is a Pennsylvania limited liability company with an address at 600 Hamilton Street, Suite 600, Allentown Pennsylvania 18101. II. JURISDICTION AND VENUE 7. This Court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. §§ 157(b)(1) and 1334(b) and (e). This adversary proceeding is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F), (H), (O), and (K). 8. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334,

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and Sections 502, 506, 544 and 547 of the Bankruptcy Code. 9. Venue is proper in this district pursuant to 28 U.S.C. §§ 1408 and 1409. 10. This adversary proceeding is initiated under Bankruptcy Rule 7001(2) and (8) for avoidance and recovery, determination of secured status, bifurcation, and related relief pursuant to sections 502, 506, 544 and 547 of the Bankruptcy Code. 11. The Debtor consents to the entry of a final order by this Court in the event that, absent such consent, this Court does not possess the authority to enter a final order pursuant to Article III of the Constitution. III. BACKGROUND The Debtor’s Business and Bankruptcy 12. The Debtor is an industry leader in the fabrication, processing, and extruding of aluminum metals for use in, inter alia, the swimming pool, trucking, trailer, and outdoor storage industries (the “Business”). See First Day Declaration of Jordan Meyers in Support of First Day Motions. (Bkr. DI #17). 13. The Debtor owns and operates a single location at 9000 River Road, Delair, New Jersey, consisting of approximately 500,000 square feet of industrial space, including a cast house, foundry, and processing area (the “Real Property”). Id. 14. The Debtor also owns machinery, fixtures, and equipment, including a valuable cast house and foundry furnace, several presses, and processing equipment. Id. 15. On June 18, 2021, the Debtor engaged Cowen and Company, LLC (“Cowen”) as investment banker to explore a sale of the Debtor’s Business or Assets. 16. Based on market feedback, the Debtor, in consultation with its advisors, determined that continued operation of Debtor’s business was not viable or achievable under the current

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financial circumstances, and the Debtor decided to sell the Debtor’s business or assets (the “Assets”). 17. On August 15, 2021 (the “Petition Date”), the Debtor filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code in the District of New Jersey, Camden Vicinage (the “Bankruptcy Court”). 18. The Debtor continues to operate its business as debtor in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. The Debtor is the Plaintiff in the instant adversary proceeding. 19. No request has been made for the appointment of a trustee or examiner. 20. An Official Committee of Unsecured Creditors has been appointed in this case. 21. The Debtor has employed professionals to market and sell the Assets pursuant to a motion to sell, which sale will establish the fair market value of the Assets and the allocation of that value between specific Assets. 22. The Claim must be bifurcated into a secured claim in the amount of the value of that Debtor’s Assets subject to the Lien and an unsecured claim for the remainder. 23. The Debtor’s Assets will be sold pursuant to the outcome of an auction conducted on or about November 10, 2021. 24. As of the Petition Date, the Debtor had outstanding secured debt obligations in the aggregate principal amount of no less than $9,270,525.89 (the “Prepetition Secured Debt”) to its pre-petition secured lender, Tiger Finance, LLC (“Tiger”), pursuant to that Certain Credit Agreement between Tiger and the Debtor dated June 5, 2019 (as subsequently amended1), and term notes issued thereunder. The Prepetition Secured Debt was secured by a first priority lien on 1 The Credit Agreement was most recently amended by a Seventh Forbearance Agreement and Seventh Amendment to Credit Agreement, dated July 27, 2021.

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all of the Debtor’s Assets. 25. On September 29, 2021, the Court entered a Final Order Pursuant to 11 U.S.C. §§ 105, 361, 362, 363, 364, 503, and 507 and Fed. R. Bankr. P. 2002, 4001, 6003, 6004 and 9014 (I) Authorizing Debtor to Obtain Post-Petition Financing, (II) Granting Liens and Superpriority Claims, (III) Authorizing Use of Cash Collateral, and (IV) Modifying the Automatic Stay (the “Final DIP Order”). (Bkr. DI #116). Pursuant to the Final DIP Order, the Debtor was authorized to borrow up to $15,500,000 in debtor-in-possession financing (the “DIP Facility”) from Tiger, including a roll-up of the Prepetition Secured Debt, pursuant to the term of a Senior Secured Super-Priority Debtor-in-Possession Credit Agreement between Tiger and the Debtor, dated August 15, 2021. As security for the DIP Facility, the Final DIP Order provided Tiger with superpriority claims secured by priming, first priority liens on all of the Debtor’s Assets that are “senior and superior in priority to all other secured and unsecured creditors of the Debtor’s estate.” Final DIP Order at ¶ 6. 26. The instant proceeding is intended to inter alia recover transfers to Talen, determine secured status of Talen’s claims, bifurcate claims, and determine the allowance of Talen’s claims, if any.2 The Creditor’s Claims 27. Upon information and belief, Talen is an electrical provider. 28. Prior to the Petition Date, Talen provided electrical service to the Debtor pursuant to a Retail Electricity Agreement. 29. On September 18, 2019, Talen initiated a collections action in the EDPA, Docket Number 5:19-cv-04303-HSP, for all sums alleged to be due owing on the underlying debt (the 2 The Debtor has filed other adversary proceeding complaints contemporaneously herewith seeking to avoid certain other liens on similar grounds as set forth herein.

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“Pre-Petition Action”). 30. On August 28, 2020, a judgment was entered in the Pre-Petition Action in favor of Talen and against the Debtor in the amount of $1,066,719.02, together with interest pursuant to the Retail Electricity Agreement, collection costs, and attorneys’ fees. A true and correct copy of the docket for the Pre-Petition Action is attached as Exhibit “A” hereto. 31. On February 12, 2021, the judgment was amended to include attorneys’ fees in the amount of $31,799.50, expenses in the amount of $1,740.40, pre-judgment interest in the amount of $457,488.59 and post-judgment interest at rate of 0.06% on $1,524,207.61, to be computed daily and compounded annually (the “PA Judgment”). 32. On April 9, 2021, Talen registered and domesticated the Judgment in the DNJ (the “Judgment”). 33. Pursuant to New Jersey law, the Judgment automatically became a lien against all real property in the State of New Jersey currently owned or thereafter acquired by the Debtor (the “Lien” and together with the Judgment, the “Claim”). 34. On April 28, 2021, Talen requested the issuance of, and the DNJ issued a writ of execution based upon the Judgment; which, was recorded in Book C21, Page 9 of Executions (the “Writ”). A true and correct copy of the docket domesticating the PA Judgment in the DNJ is attached as Exhibit “B” hereto. 35. Talen failed to levy or otherwise execute on the Debtor’s Assets. 36. In order to pay down the Judgment, on May 14, 2021, the Debtor made a payment to Talen in the amount of $100,000.00 (the “Post-Judgment Payment”). 37. The Post-Judgment Payment did not clear the Debtor’s account until May 17, 2021.

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38. On September 7, 2021, Talen filed a proof of claim against the Debtor’s Bankruptcy estate alleging a $1,458,190.90 secured claim and a $1,049.00 unsecured claim (the “POC”). (POC #20). 39. The POC alleges that the Claim is secured by way of the Judgment and levy upon the Lien, however, the POC includes no proof of the aforementioned levy. FIRST COUNT AVOIDANCE OF THE LIEN UNDER 11 U.S.C. §544 40. The Debtor incorporates by reference the foregoing paragraphs as if set forth fully herein and at length. 41. Pursuant to 11 U.S.C. §544(a) the Debtor, as debtor in possession, stands in the shoes of a hypothetical ideal creditor who obtains an execution against the Debtor that is returned unsatisfied on the Petition Date. 42. Under New Jersey law, a creditor holding an unexecuted levy occupies a lower priority on real property than a creditor who has already executed upon its lien, even if such execution remains unsatisfied. 43. Although real property is subject to execution and levy, neither execution nor levy are automatic upon the entry of a judgment, and require additional affirmative acts for any lien to become perfected. N.J.S.A. § 2A:17-17. 44. A writ of execution is not binding until it is delivered to the sheriff of the appropriate county. See N.J.S.A. § 2A:17-10. 45. In execution of the Judgment, Talen has domesticated the Judgment in the DNJ and had the Writ issued. See Exhibits “A” & “B” attached hereto.

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46. Despite these efforts to execute on the Judgment, Talen has failed to has failed to both execute upon the Judgment and the Lien, and levy upon the Debtor’s Assets. 47. As a result of Talen’s failure to both execute upon the Judgment and the Lien, and levy upon the Debtor’s Assets, the Lien is lesser in priority to creditors with superior priority interest in the Debtor’s Assets, including creditors that have executed against the Real Property as of the Petition Date, even if unsatisfied. 48. Pursuant to sections 544(a)(1), (2), and (3) of the Bankruptcy Code, the Debtor is vested with the power of an unsatisfied judgment holder that has executed upon the Judgment and the Lien and levied upon the Assets, including the Real Property; and therefore, may avoid the Lien. 49. The Lien against the Debtor’s Assets is an unperfected secured claim, and therefore, is avoidable. WHEREFORE, the Debtor respectfully requests this Court enter judgment in its favor and against Talen avoiding the Lien pursuant to section 544(a) of the Bankruptcy Code and providing such other, and further relief as the Court deems just and equitable. SECOND COUNT AVOIDANCE OF THE POST-JUDGMENT PAYMENT UNDER 11 U.S.C. §547 50. The Debtor incorporates by reference the foregoing paragraphs as if set forth fully herein and at length. 51. The Post-Judgment Payment occurred within ninety (90) days of the Petition Date, as the transfer of funds out of the Debtor’s account occurred on May 17, 2021, ninety (90) days prior to the Petition Date. 52. The Post-Judgment Payment was made on account of an antecedent debt.

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53. The Debtor was insolvent at the time of this transfer, as it was not paying its debts as they came due and is presumed to have been insolvent on and during the ninety (90) days immediately preceding the Petition Date pursuant to section 547(f) of the Bankruptcy Code. 54. The Post-Judgment Payment enabled Talen to obtain more than it would have: (i) in a hypothetical chapter 7 liquidation on the Petition Date; (ii) had the Levy not been made; and (iii) if it received payment as otherwise provided under the Bankruptcy Code. 55. Based on the Debtor’s reasonable due diligence, taking into account Talen’s known or reasonably knowable affirmative defenses under section 547(c) of the Bankruptcy Code, the Post-Judgment Payment is avoidable as a preference under Section 547(b) of the Bankruptcy Code. WHEREFORE, the Debtor respectfully requests this Court enter judgment in its favor and against Talen, avoiding the Post-Judgment Payment pursuant to section 547(b) of the Bankruptcy Code and providing such other and further relief as the court deems just and equitable. THIRD COUNT DISALLOWANCE OF PROOF OF CLAIM UNDER 11 U.S.C. §502(d) 56. The Debtor incorporates by reference the foregoing paragraphs as if set forth fully herein and at length. 57. The Court “shall disallow any claim of any entity… that is a transferee of a transfer avoidable under [section 544 of Bankruptcy Code]…” 11 U.S.C §502(d). 58. As Talen filed the POC in the Debtor’s chapter 11 case based upon the Claim. 59. Talen is the recipient of an avoidable transfer, the Judgment and the Lien are avoidable pursuant to sections 544(a) and/or section 547(b) of the Bankruptcy Code.

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60. The POC must be disallowed under section 502(d), as Talen has not returned the avoidable transfer. WHEREFORE, the Debtor respectfully requests that the Court enter a judgment in its favor and against Talen, disallowing the POC pursuant to section 502(d) of the Bankruptcy Code and providing such further relief as is just and equitable. FOURTH COUNT DISALLOWANCE OF PROOF OF CLAIM UNDER 11 U.S.C. §502(b)(1) 61. The Debtor incorporates by reference the foregoing paragraphs as if set forth fully herein and at length. 62. Talen filed the POC in the Debtor’s chapter 11 case based upon the Claim. 63. The POC alleges the Claim is secured. 64. The POC alleges the claim is secured by way of perfection of the Judgment and levy upon the Lien, however, the POC includes no proof of the aforementioned levy. 65. The POC is not self-supporting and must be disallowed. WHEREFORE, the Debtor respectfully requests that the Court enter a judgment in its favor and against Talen, disallowing the POC pursuant to section 502(b)(1) of the Bankruptcy Code and providing such further relief as is just and equitable. FIFTH COUNT DETERMINATION OF SECURED CLAIM AND BIFURCATION OF CLAIM UNDER 11 U.S.C. §506(a)(1) 66. The Debtor incorporates by reference the foregoing paragraphs as if set forth fully herein and at length. 67. Pursuant to section 506(a) of the Bankruptcy Code, “[a]n allowed claim of a creditor secured by a lien on property in which the estate has an interest, or that is subject to setoff

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under section 553 of this title, is a secured claim to the extent of the value of such creditor’s interest in the estate’s interest in such property, or to the extent of the amount subject to setoff, as the case may be, and is an unsecured claim to the extent that the value of such creditor’s interest or the amount so subject to setoff is less than the amount of such allowed claim. Such value shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on such disposition or use or on a plan affecting such creditor’s interest.” 11 U.S.C §506(a)(1). 68. The Claim and Lien are subordinate to the superpriority claims and first priority liens in the Debtor’s Assets held by Tiger. 69. Talen has provided no proof of the levy that would place a lien upon personal property; no lien exists as to that personal property. 70. The Claim must be bifurcated into a secured claim in the amount of the value of that Debtor’s Assets subject to the Lien after accounting for the value of Tiger’s first priority liens and any other superior liens in the Debtor’s Assets, and an unsecured claim for the remainder. WHEREFORE, the Debtor respectfully requests that the Court enter a judgment bifurcating the Claim into secured and unsecured portions pursuant to section 506(a) of the Bankruptcy Code, and providing such further relief as is just and equitable. SIXTH COUNT LIEN STRIP OF UNSECURED CLAIM UNDER 11 U.S.C. §506(d) 71. The Debtor incorporates by reference the foregoing paragraphs as if set forth fully herein and at length.

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72. Pursuant to section 506(d)(1) of the Bankruptcy Code, “to the extent that a lien secures a claim against the debtor that is not an allowed secured claim, such lien is void.” 11 U.S.C § 506(d)(1). 73. To the extent the Claim is determined to be unsecured, this Court must enter a judgment voiding the Lien. WHEREFORE, the Debtor respectfully requests that the Court enter a judgment voiding the Lien to the extent the Lien exceeds the value of the allowed secured claim and providing such other relief as is just and equitable. Dated: November 9, 2021 By: /s/ Edmond M. George Edmond M. George, Esquire Michael D. Vagnoni, Esquire (pro hac vice) Turner N. Falk, Esquire OBERMAYER REBMANN MAXWELL & HIPPEL, LLP 1120 Route 73, Suite 420 Mount Laurel, NJ 08054-5108 Telephone: (856) 795-3300 Facsimile: (856) 482-0504 E-mail:edmond.george@obermayer.com michael.vagnoni@obermayer.com turner.falk@obermayer.com Counsel to Chapter 11 Debtor Aluminum Shapes, L.L.C.

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Exhibit A

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United States District Court Eastern District of Pennsylvania (All entown) CIVIL DOCKET FOR CASE #: 5:19-cv-04303-H SP LEN ENERGY MARKETING, LLC v. ALUMINUM SHAPES, LLC Date Filed: 09/18/2019signed to: MAGISTRATE JUDGE HENRY S PERKIN Date Terminated: 02/12 /2021use: 28:1332 Diversity-Negotiable Instrument Jury Demand: None Nature of Suit: 140 C ontract: Negotiable Instrument Jurisdiction: Federal Question intiff LEN ENERGY MARKETING, LLC represented by JOSEPH S. D'AMICO , JR. FITZPATRICK LENTZ & BUBBA, PC 4001 SCHOOLHOUSE LANE PO BOX 219 CENTER VALLEY, PA 18034-0219 610-797-9000 Fax: 610-797-6663 Email: jsdamico@flblaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED JUAN P. CAMACHO FITZPATRICK LENTZ & BUBBA 4001 SCHOOLHOUSE LANE P.O. BOX 219 CENTER VALLEY, PA 18034 610-797-9000 Email: jcamacho@flblaw.com ATTORNEY TO BE NOTICED fendant UMINUM SHAPES, LLC represented by CHRISTIE CALLAHAN COMERFORD DILWORTH PAXSON, LLP. 1500 MARKET STREET, Suite 3500E PHILADELPHIA, PA 19103 215-575-7187 Fax: 215-575-7200 Email: ccomerford@dilworthlaw.com TERMINATED: 08/22/2021 LEAD ATTORNEY THOMAS S. BIEMER DILWORTH PAXSON 1500 MARKET STREET SUITE 3500 PHILADELPHIA, PA 19102 215-575-7025 Fax: 215-575-7200 Email: tbiemer@dilworthlaw.com TERMINATED: 08/22/2021 LEAD ATTORNEY KATHARINE VIRGINIA HARTMAN Dilworth Paxson LLP 1500 Market Street, Suite 3500E PHILADELPHIA, PA 19102 215-575-7133 Fax: 215-575-7200 Email: khartman@dilworthlaw.com TERMINATED: 04/15/2021 MATHIEU J. SHAPIRO OBERMAYER, REBMANN, MAXWELL & HIPPEL, LLP CENTRE SQUARE WEST 1500 MARKET STREET, SUITE 3400 PHILADELPHIA, PA 19102 215-665-3014

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ate Filed # Docket Text /18/2019 1 COMPLAINT against ALUMINUM SHAPES, LLC ( Filing fee $ 400 receipt number APE005297.), filed by TALEN ENERGYMARKETING, LLC.(DT) (Entered: 09/19/2019) /18/2019 2 Disclosure Statement Form pursuant to FRCP 7.1 Identifying Corporate Parent TALEN ENERGY CORPORATION for TALEN ENERGMARKETING, LLC. by TALEN ENERGY MARKETING, LLC.(DT) (Entered: 09/19/2019)/18/2019 1 Original Summons Issued as to ALUMINUM SHAPES, LLC. Forwarded To: Counsel on 09/18/2019. (DT) (Entered: 09/19/2019)/02/2019 3 AFFIDAVIT of Service by Joseph Russo re: served Summons and Complaint upon Aluminum Shapes, LLC by Person in Charge, JeanetteRivera on 09/24/2019, answer due 10/15/19. (D'AMICO, JOSEPH) Modified on 10/3/2019 (tjd). (Entered: 10/02/2019)/02/2019 4 NOTICE of Appearance by KATHARINE VIRGINIA HARTMAN on behalf of ALUMINUM SHAPES, LLC with Certificate ofService(HARTMAN, KATHARINE) (Entered: 10/02/2019) /02/2019 5 NOTICE of Appearance by THOMAS S. BIEMER on behalf of ALUMINUM SHAPES, LLC with Certificate of Service(BIEMER,THOMAS) (Entered: 10/02/2019) /03/2019 6 ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE JOSHUA D. WOLSON TO HONORABLE JOSEPH F. LEESON,JR FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 10/03/201910/03/2019 ENTERED AND COPIES E-MAILED.(nd, ) (Entered: 10/03/2019)/04/2019 7 ORDER THAT COUNSEL FOR PLAINTIFF[S] MUST SERVE THIS ORDER ON EVERY PARTY TO THIS CASE IMMEDIATELYAFTER THE PARTYS FIRST APPEARANCE, UNLESS THIS CASE WAS REMOVED FROM STATE COURT, IN WHICH CASETHIS RESPONSIBILITY FALLS ON COUNSEL FOR THE PARTY WHO REMOVED THE CASE; ETC. AS HEREIN. SIGNED BYHONORABLE JOSEPH F. LEESON, JR ON 10/4/19. 10/4/19 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 10/04/2019)/04/2019 8 ORDER THAT THE REQUEST IS APPROVED AND GRANTED IN PART AND DISAPPROVED AND DENIED IN PART; ANDDEFENDANT'S DEADLINE TO FILE AN ANSWER TO PLAINTIFFS COMPLAINT, ONLY, AND FOR NO OTHER PURPOSE, ISEXTENDED THROUGH AND INCLUDING NOVEMBER 14, 2019. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON10/4/19. 10/7/19 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 10/07/2019)/14/2019 9 ANSWER to 1 Complaint together with Affirmative Defenses by ALUMINUM SHAPES, LLC.(HARTMAN, KATHARINE) (Entered: 11/14/2019) /14/2019 10 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by ALUMINUM SHAPES, LLC.(HARTMAN,KATHARINE) (Entered: 11/14/2019) /21/2019 11 NOTICE OF SCHEDULING OF INITIAL FED.R.CIV.P. 16 PRETRIAL CONFERENCE: AN INITIAL FEDERAL RULE OF CIVILPROCEDURE 16 PRETRIAL CONFERENCE HAS BEEN SCHEDULED FOR MONDAY, DECEMBER 16, 2019, AT 3:30 P.M. BEFORE THE HONORABLE JOSEPH F. LEESON, JR. AT THE EDWARD N. CAHN U.S. COURTHOUSE AND FEDERALBUILDING, COURTROOM C, THIRD FLOOR, 504 WEST HAMILTON STREET, ALLENTOWN, PENNNSYLVANIA.(dja, ) (Entere11/21/2019) /13/2019 12 NOTICE OF CANCELLATION OF INITIAL FED.R.CIV.P. 16 PRETRIAL CONFERENCE: The initial Federal Rule of Civil Procedure16 pretrial conference scheduled for Monday, December 16, 2019, at 3:30 p.m. has been CANCELLED. (er, ) (Entered: 12/13/2019)/13/2019 13 CONSENT AND ORDER TO JURISDICTION BY US MAGISTRATE JUDGE HENRY S. PERKIN. SIGNED BY HONORABLEJOSEPH F. LEESON, JR ON 12/13/19. 12/13/19 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 12/13/2019)/16/2019 14 ORDER THAT A TELEPHONIC RULE 16 SCHEDULING CONFERENCE SET FOR 1/14/2020 02:30 PM BEFORE MAGISTRATEJUDGE HENRY S. PERKIN; ETC. AS HEREIN. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 12/16/19. 12/17/19ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 12/17/2019) /18/2019 15 AMENDED RULE 16 CONFERENCE SCHEDULING ORDER OF 12/18/2019 THAT A TELEPHONIC RULE 16 SCHEDULINGCONFERENCE IN THE ABOVE-CAPTIONED CASE WILL BE HELD ON THURSDAY, JANUARY 16, 2020 (INSTEAD OFTUESDAY, JANUARY 14, 2020) AT 2:30PM BEFORE THE UNDERSIGNED. ETC. SIGNED BY MAGISTRATE JUDGE: HENRY S. PERKIN ON 12/18/2019. 12/19/2019 ENTERED AND COPIES E-MAILED. (DT) (Entered: 12/19/2019)/16/2020 16 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN. Rule 16 Scheduling Conference held on 1/16/20. A telephonic Rule 16 Scheduling conference was conducted in this case. (mas, ) (Entered: 01/17/2020)/17/2020 17 SCHEDULING ORDER ON OR BEFORE THURSDAY, FEBRUARY 13TH, 2020, COUNSEL FOR PARTIES SHALL CONTACTCHAMBERS AS TO WHETHER THEY HAVE RESOLVED THE MATTER AND, IF NOT, WHETHER THEY PLAN TO USE APRIVATE MEDIATOR. ALL DISCOVERY IN THIS CASE IS TO BE COMPLETED BY WEDNESDAY, APRIL 15, 2020. ANYDISPOSITIVE MOTIONS, INCLUDING MOTIONS FOR SUMMARY JUDGMENT PURSUANT TO RULE 56 OF THE FEDERALRULES OF CIVIL PROCEDURE, SHALL BE FILED AND SERVED ON OR BEFORE FRIDAY, MAY 29, 2020. ANY PRETRIALMOTIONS SHALL BE FILED AND SERVED ON OR BEFORE FRIDAY, JUNE 5, 2020. ON OR BEFORE TUESDAY, JUNE 23, 202TRIAL COUNSEL FOR THE PARTIES SHALL FILE WITH THE CLERK AND SERVE A COPY ON THIS OFFICE AND OPPOSINCOUNSEL: (A) PRETRIAL MEMORANDA ON ALL LEGAL AND EVIDENTIARY ISSUES EXPECTED TO ARISE AT TRIAL,ETC. A FINAL PRETRIAL CONFERENCE WILL BE HELD ON WEDNESDAY, JULY 1, 2020, AT 9:30 A.M. BEFORE THEUNDERSIGNED IN COURTROOM A, EDWARD N. CAHN UNITED STATES COURTHOUSE, 504 WEST HAMILTON STREET,ALLENTOWN, PENNSYLVANIA. TRIAL OF THE WITHIN CASE SHALL COMMENCE ON TUESDAY, JULY 21, 2020, AT 9:30A.M. IN COURTROOM A, EDWARD N. CAHN UNITED STATES COURTHOUSE, 504 WEST HAMILTON STREET, ALLENTOWPENNSYLVANIA. THIS ORDER SHALL SERVE AS A FORMAL ATTACHMENT FOR TRIAL. ON FRIDAY, AUGUST 21, 2020, A9:30 A.M., THE COURT SHALL HOLD CLOSING/FINAL ORAL ARGUMENT ON THE SUBMITTED PROPOSED FINDINGS OFFACT AND CONCLUSIONS OF LAW AND ANY ADDITIONAL LEGAL MEMORANDA. SIGNED BY MAGISTRATE JUDGE

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CHAMBERS AND OPPOSING COUNSEL ON OR BEFORE 12:00 P.M. ON FEBRUARY 14, 2020. SIGNED BY MAGISTRATEJUDGE HENRY S. PERKIN ON 2/12/20. 2/12/20 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 02/12/2020)/14/2020 20 MOTION for Leave to File Amended Complaint filed by TALEN ENERGY MARKETING, LLC.Brief, Certificate of Service. (Attachments: # 1 Brief Brief in Support of Motion to Amend Complaint, # 2 Exhibit Exhibits A & B, # 3 Text of Proposed Order ProposeOrder)(D'AMICO, JOSEPH) (Entered: 02/14/2020) /20/2020 21 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN. Status Conference held on 2/20/20. Plaintiff'sMotion to Compel Sent to Chambers as Correspondence Dated February 7, 2020. Both sides present argument. Motion taken underadvisement. Court Reporter: ESR. (mas, ) (Entered: 02/20/2020)/20/2020 22 ORDER THAT DEFENDANT SHALL FILE A RESPONSE, IF ANY, TO PLAINTIFF'S MOTION FOR LEAVE TO FILE ANAMENDED COMPLAINT ON OR BEFORE 12:00 P.M. ON MONDAY, FEBRUARY 24, 2020. DEFENDANT SHALL PROVIDE ALETTER TO CHAMBERS ON OR BEFORE TUESDAY, FEBRUARY 25, 2020 EXPLAINING THE REASON FOR CLAIMINGATTORNEY-CLIENT PRIVILEGE FOR THE EMAILS DATED AUGUST 27, 2019, OCTOBER 16, 2019, AND OCTOBER 20, 2019THAT ARE IN DISPUTE. DEFENDANT SHALL FILE AN AFFIDAVIT FROM GENERAL COUNSEL DOUG BATHAUER ON ORBEFORE FEBRUARY 25, 2020 EXPLAINING THE SEARCH METHODS EMPLOYED AND CERTIFYING THAT PRODUCTION ICOMPLETE AND ACCURATE REGARDING PLAINTIFF'S NOVEMBER 22, 2019 REQUEST FOR PRODUCTION OFDOCUMENTS NO. 4. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 2/20/20. 2/21/20 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 02/21/2020) /21/2020 23 Letter from Katharine Hartman, Esquire, to Judge Henry S. Perkin by ALUMINUM SHAPES, LLC. (HARTMAN, KATHARINE)Modified on 2/24/2020 (tjd). (Entered: 02/21/2020) /21/2020 24 Letter from Katharine Hartman, Esquire, to Judge Henry S. Perkin by ALUMINUM SHAPES, LLC. (HARTMAN, KATHARINE)Modified on 2/24/2020 (tjd). (Entered: 02/21/2020) /25/2020 25 Letter to Judge Perkin re 22 Order,,,, Set Motion and R&R Deadlines/Hearings,,, by ALUMINUM SHAPES, LLC. (HARTMAN,KATHARINE) Modified on 2/27/2020 (tjd). (Entered: 02/25/2020)/25/2020 26 Declaration re 22 Order,,,, Set Motion and R&R Deadlines/Hearings,,, by ALUMINUM SHAPES, LLC. (HARTMAN, KATHARINE)(Entered: 02/25/2020) /03/2020 27 ORDER THAT DEFENDANTS 20 MOTION IS GRANTED. IT IS FURTHER ORDRED THAT THE CLERK OF COURT SHALL FILTHE AMENDED COMPLAINT, WHICH IS ATTACHED AS EXHIBIT B TO PLAINTIFFS MOTION. SIGNED BY MAGISTRATEJUDGE HENRY S. PERKIN ON 3/3/20.3/4/20 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 03/04/2020)/04/2020 28 AMENDED COMPLAINT against ALUMINUM SHAPES, LLC, filed by TALEN ENERGY MARKETING, LLC.(mas, ) (Entered: 03/04/2020) /04/2020 29 ORDER THAT DEFENDANT HAS PROVIDED A SUFFICIENT EXPLANATION AS TO THE BASIS FOR CLAIMING PRIVILEGEWITH RESPECT TO THESE EMAILS. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 3/4/20. 3/5/20 ENTERED ANDCOPIES E-MAILED.(mas, ) (Entered: 03/05/2020) /18/2020 30 ANSWER to 28 Amended Complaint by ALUMINUM SHAPES, LLC.(HARTMAN, KATHARINE) (Entered: 03/18/2020)/19/2020 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ALUMINUM SHAPES, LLC.Memorandum, Certificate ofService.**(FILED IN ERROR BY ATTY, ENTERED ON INCORRECT CASE, REFILED ON CORRECT CASE)** (Attachments: # 1Memorandum, # 2 Text of Proposed Order, # 3 Certificate of Service)(HARTMAN, KATHARINE) Modified on 3/23/2020 (tjd, ). (Entere03/19/2020) /15/2020 32 MOTION for Extension of Time to Complete Discovery (Unopposed) and to Extend Case Management Deadlines by 60 days filed byALUMINUM SHAPES, LLC.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(HARTMAN, KATHARINE) (Entered: 04/15/2020) /07/2020 33 AMENDED ORDER THAT FINAL PRETRIAL CONFERENCE SET FOR 9/8/2020 09:30 AM BEFORE MAGISTRATE JUDGEHENRY S. PERKIN; DISCOVERY DUE BY 6/15/2020; MOTIONS DUE BY 8/5/2020; MOTION FOR SUMMARY JUDGMENT DUBY 7/29/2020; PLAINTIFF PRETRIAL MEMO DUE BY 8/24/2020; DEFENDANT PRETRIAL MEMO DUE BY 8/24/2020; TRIALDATE SET FOR 9/21/2020 09:30 AM BEFORE MAGISTRATE JUDGE HENRY S. PERKIN; MOTION HEARING SET FOR10/22/2020 09:30 AM BEFORE MAGISTRATE JUDGE HENRY S. PERKIN; ETC. AS HEREIN. SIGNED BY MAGISTRATE JUDGEHENRY S. PERKIN ON 5/7/20. 5/8/20 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 05/08/2020)/22/2020 34 MOTION for Summary Judgment filed by TALEN ENERGY MARKETING, LLC.Brief, Certificate of Service. (Attachments: # 1 Brief, 2 Text of Proposed Order, # 3 Certificate of Service, # 4 Appendix, # 5 Exhibit, # 6 Statement of Material Facts in Support of Motion)(D'AMICO, JOSEPH) (Entered: 07/22/2020) /17/2020 35 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN. Interim Pretrial Conference held on 8/17/20. (ma) (Entered: 08/17/2020) /18/2020 36 SECOND AMENDED RULE 16 ORDER THAT ON OR BEFORE SEPTEMBER 4, 2020, TRIAL COUNSEL FOR THE PARTIESSHALL FILE WITH THE CLERK AND SERVE A COPY ON THIS OFFICE AND OPPOSING COUNSEL: (A) PRETRIALMEMORANDA ON ALL LEGAL AND EVIDENTIARY ISSUES EXPECTED TO ARISE AT TRIAL, ETC. SIGNED BYMAGISTRATE JUDGE HENRY S. PERKIN ON 8/18/20. 8/18/20 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 08/18/2020)/28/2020 37 MEMORANDUM. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 8/28/20. 8/28/20 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 08/28/2020) /28/2020 38 ORDER THAT PLAINTIFFS 34 MOTION FOR SUMMARY JUDGMENT AS TO COUNT I BREACH OF CONTRACT IS GRANTETHE JUDGMENT SHALL ENCOMPASS THE PRINCIPAL OF $1,066,719.02 AS WELL AS INTEREST IN ACCORDANCE WITHTHE TERMS OF THE SUBJECT CONTRACT, COLLECTION COSTS, AND ATTORNEYS FEES. PLAINTIFF SHALL SUBMIT A

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/09/2020 39 MOTION to Mold Judgment to Include Attorney's Fees, Expenses and Interest filed by TALEN ENERGY MARKETING, LLC. Brief,Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Brief)(D'AMICO, JOSEPH) Modified on 9/11/2020 (tjd). (Entered: 09/09/2020) /23/2020 40 RESPONSE to Motion re 39 MOTION to Alter Judgment Mold Judgment to Include Attorney's Fees, Expenses and Interest with Exhibit and Certificate of Service filed by ALUMINUM SHAPES, LLC. (HARTMAN, KATHARINE) (Entered: 09/23/2020)/12/2021 41 MEMORANDUM. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 2/12/21. 2/12/21 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 02/12/2021) /12/2021 42 ORDER THAT THE MOTION TO MOLD JUDGMENT TO INCLUDE ATTORNEYS FEES AND EXPENSES, PRE-JUDGMENTINTEREST, AND POST-JUDGMENT INTEREST (ECF NO. 39), IS GRANTED, IN PART, AND DENIED, IN PART, AS DESCRIBEDIN THE ACCOMPANYING MEMORANDUM. IT IS FURTHER ORDERED THAT JUDGMENT IS ENTERED IN FAVOR OFPLAINTIFF TALEN ENERGY MARKETING, LLC AND AGAINST DEFENDANT, ALUMINUM SHAPES, LLC IN ACCORDANCWITH FEDERAL RULE OF CIVIL PROCEDURE 58(A). SPECIFICALLY, DEFENDANT IS ORDERED'TO PAY PLAINTIFF: THEPRINCIPAL AMOUNT OF $1,066,719.02, ATTORNEY'S FEES IN THE AMOUNT OF$31,799.50; EXPENSES IN THE AMOUNT O$1,740.40; PRE-JUDGMENT INTEREST IN THE AMOUNT OF $457,488.59; AND POST-JUDGMENT INTEREST AT THE RATE O0.06% ON 1,524,207.61, TO BE COMPUTED DAILY AND COMPOUNDED ANNUALLY, UNTIL THE JUDGMENT IS PAID INFULL PURSUANT TO 28 U.S.C. § 1961. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 2/12/21. 2/12/21 ENTEREDAND COPIES E-MAILED.(er, ) (Main Document 42 replaced on 2/16/2021) (er, ). (Entered: 02/12/2021)/16/2021 43 Praecipe for Writ of Execution by TALEN ENERGY MARKETING, LLC. (Attachments: # 1 Writ & Notice)(D'AMICO, JOSEPH)(Entered: 03/16/2021) /18/2021 WRIT OF EXECUTION ISSUED (jaa, ) (Entered: 03/18/2021)/29/2021 44 US Marshal Return Re: Service of Writ of Attachment on 3/29/21. (jaa, ) (Entered: 03/29/2021)/15/2021 45 NOTICE of Appearance by CHRISTIE CALLAHAN COMERFORD on behalf of ALUMINUM SHAPES, LLC with Certificate ofService(COMERFORD, CHRISTIE) (Entered: 04/15/2021) /15/2021 46 NOTICE of Withdrawal of Appearance by KATHARINE VIRGINIA HARTMAN on behalf of ALUMINUM SHAPES, LLC(HARTMAKATHARINE) (Entered: 04/15/2021) /27/2021 47 MOTION to Compel Defendant's Attendance at Deposition in Aid of Execution & Request for Sanctions filed by TALEN ENERGYMARKETING, LLC.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit 1 - 6, # 2 Text of Proposed Order, # 3 Memorandum(D'AMICO, JOSEPH) (Entered: 04/27/2021) /17/2021 48 Praecipe to Dissolve Attachment by TALEN ENERGY MARKETING, LLC. (D'AMICO, JOSEPH) (Entered: 05/17/2021)/25/2021 49 ORDER THAT THE MOTION TO COMPEL DEFENDANT'S ATTENDANCE AT A DEPOSITION IN AID OF EXECUTION ANDREQUEST FOR SANCTIONS (ECF NO. 47), IS GRANTED AS UNOPPOSED, ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 5/25/21.5/26/21 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 05/26/2021)/03/2021 50 ORDER OF 6/3/21 THAT AFTER REVIEW OF PLAINTIFF'S SUBMISSION OF ITS BILLING RECORDS RELATED TO THEATTORNEY'S FEES AND EXPENSES INCURRED AS A RESULT OF DEFENDANT'S FAILURE TO ATTEND THE DEPOSITION,IT IS ORDERED AS FOLLOWS: ON OR BEFORE TUESDAY JUNE 8, 2021, DEFENDANT SHALL SUBMIT A RESPONSE TO THCOURT IF IT OPPOSES THE REQUESTED FEES AND EXPENSES AS UNREASONABLE. IF NO RESPONSE IS SUBMITTED,THE COURT WILL GRANT PLAINTIFF'S REQUEST FOR SANCTIONS, IN THE AMOUNT DOCUMENT IN THE INVOICE, ASUNOPPOSED. SIGNED BY MAGISTRATE JUDGE: HENRY S. PERKIN ON 6/3/21. 6/3/21 ENTERED AND COPIES E-MAILED. (DT) (Main Document 50 replaced on 6/3/2021) (dt, ). (Entered: 06/03/2021)/03/2021 51 ORDER THAT PLAINTIFF'S MOTION FOR SANCTIONS IN THE AMOUNT OF $1,049.00 IS GRANTED AS UNCONTESTEDPURSUANT TO RULE 7.1(C) OF THE RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURT FOR THEEASTERN DISTRICT OF PENNSYLVANIA, ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 8/3/21. 8/4/21ENTERED AND COPIES E-MAILED. (er, ) Modified on 8/4/2021 (er, ). (Entered: 08/04/2021)/20/2021 52 SUGGESTION OF BANKRUPTCY by ALUMINUM SHAPES, LLC under Chapter Number 11 of the Bankruptcy Code in theBankruptcy Court for the District of New Jersey filed under case number 21-16520-JNP . (SHAPIRO, MATHIEU) (Entered: 08/20/2021)/20/2021 53 NOTICE of Appearance by MATHIEU J. SHAPIRO on behalf of ALUMINUM SHAPES, LLC (SHAPIRO, MATHIEU) (Entered: 08/20/2021) /22/2021 54 NOTICE of Withdrawal of Appearance by CHRISTIE CALLAHAN COMERFORD on behalf of ALUMINUM SHAPES,LLC(COMERFORD, CHRISTIE) (Entered: 08/22/2021) /22/2021 55 NOTICE of Withdrawal of Appearance by THOMAS S. BIEMER on behalf of ALUMINUM SHAPES, LLC(BIEMER, THOMAS)(Entered: 08/22/2021) PACER Service Center Transaction Receipt 10/15/2021 11:54:29 PACER Login: melissablanco Client Code: Description: Docket Report Search Criteria: 5:19-cv-04303-HSPBillable Pages: 6 Cost: 0.60

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Exhibit B

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U.S. District Court District of New Jersey [LIVE] (Camden) CIVIL DOCKET FOR CASE #: 1:21-mc-00003 -RBK LEN ENERGY MARKETING, LLC v. ALUMINUM SHAPES, LLC Date Filed: 04/09/2021signed to: Judge Robert B. Kugler se in other court: USDC- EASTER N DISTRICT OF PENNSYLVANIA, 5:19-cv-04303-HSPintiff LEN ENERGY MARKETING, LLC fendant UMINUM SHAPES, LLC ate Filed # Docket Text /09/2021 1 REGISTRATION of Foreign Judgment entered on 02/12/2021 in the District of EASTERN DISTRICT OF PENNSYLVANIA in favor ofTALEN ENERGY MARKETING, LLC against ALUMINUM SHAPES, LLC in the amount of $1,557,747.51, filed by TALEN ENERGYMARKETING, LLC. (Filing Fee: $47.00 receipt #CAM012583) (Attachments: # 1 COVER LETTER, # 2 ORDER, # 3 RECEIPT, # 4ENVELOPE)(pr, ) Modified on 4/16/2021 (dd). (Entered: 04/15/2021)/28/2021 2 Letter request to issue Writ of Execution from Heather M. Rivera. (rss, ) (Entered: 04/28/2021)/28/2021 Writ of Execution Issued recorded in Book C21 Page 9 of Executions (Sent to USM). (rss, ) (Entered: 04/28/2021)PACER Service Center Transaction Receipt 10/15/2021 11:49:40 PACER Client melissablanco Login: Code: Docket Search 1:21-mc-00003-RBK Start date: Description: Report Criteria: 1/1/1980 End date: 10/15/2021 Billable 1 Cost: 0.10 Pages:

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