Bates et al v. Offit Kurman Attorneys at Law LLP et al
Plaintiff: Adam Radly, ACL COMPUTERS AND SOFTWARE INC, Robert Bates and ACL Computers and Software Inc.
Defendant: OFFIT KURMAN ATTORNEYS AT LAW LLP, THEODORE P STEIN, Legal Malpractice Insurance Company John Doe and Theodore P. Stein
Case Number: 1:2019cv02814
Filed: March 29, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: Plaintiff
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This docket was last retrieved on December 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 23, 2019 Opinion or Order Filing 39 CLERK'S JUDGMENT re: #38 Memorandum & Opinion in favor of Legal Malpractice Insurance Company John Doe, Offit Kurman Attorneys at Law LLP, Theodore P. Stein against ACL Computers and Software Inc., Adam Radly, Robert Bates. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated December 23, 2019, Defendants' motion to dismiss is GRANTED. Plaintiffs' Complaint is dismissed without prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/23/2019) (Attachments: #1 Right to Appeal)(km)
December 23, 2019 Opinion or Order Filing 38 OPINION AND ORDER: For the reasons set forth above, Defendants' motion to dismiss is GRANTED. Plaintiffs' Complaint is dismissed without prejudice. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/20/2019) (jca) Transmission to Orders and Judgments Clerk for processing.
December 23, 2019 Opinion or Order Terminate Transcript Deadlines (km)
September 6, 2019 Opinion or Order Filing 37 MEMO ENDORSEMENT on re: #36 Letter, filed by ACL Computers and Software Inc., Adam Radly, Robert Bates. ENDORSEMENT: The Court shall schedule oral argument in this matter when, and if, the Court believes oral argument would be of use. (Signed by Judge Katherine Polk Failla on 9/6/2019) (mro)
August 30, 2019 Opinion or Order Filing 36 FIRST LETTER addressed to Judge Katherine Polk Failla from Kissinger N. Sibanda Esq dated August 30th, 2019 re: Plaintiff's Request for Oral Argument. Document filed by ACL Computers and Software Inc., Robert Bates, Adam Radly. (Attachments: #1 Exhibit Strawbridge v. Curtiss)(Sibanda, Kissinger)
August 30, 2019 Opinion or Order Filing 35 REPLY MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Plaintiffs' Complaint With Prejudice [Notice of Motion]. . Document filed by Offit Kurman Attorneys at Law LLP, Theodore P. Stein. (Adam, Sarah)
August 30, 2019 Opinion or Order Filing 34 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Offit Kurman Attorneys at Law LLP.(Adam, Sarah)
August 9, 2019 Opinion or Order Filing 33 DECLARATION of Kissinger N. Sibanda Esq in Opposition re: #28 MOTION to Dismiss Plaintiffs' Complaint With Prejudice [Notice of Motion].. Document filed by ACL Computers and Software Inc., Robert Bates, Adam Radly. (Attachments: #1 Appendix Exhibit list, #2 Exhibit Complaint, #3 Exhibit Civil cover sheet, #4 Exhibit Proof of NY-Stein matter, #5 Exhibit Reviews of Offit, #6 Exhibit Email from Def. Counsel - Eccleston, #7 Exhibit Demand letter, #8 Exhibit Corporate ACL structure, #9 Exhibit Adhesive terms, #10 Exhibit ACL Corporate structure, #11 Exhibit ACL address check, #12 Exhibit Quid pro quo offer, #13 Exhibit ACL stock breakdown, #14 Exhibit Offit NY State registrataion, #15 Exhibit Retainer agreement, #16 Exhibit Offit website, #17 Exhibit Transcript of Maryland oral argument, #18 Affidavit Adam Radly affidavit, #19 Affidavit Robert Bates affidavit)(Sibanda, Kissinger)
August 9, 2019 Opinion or Order Filing 32 FIRST MEMORANDUM OF LAW in Opposition re: #28 MOTION to Dismiss Plaintiffs' Complaint With Prejudice [Notice of Motion]. . Document filed by ACL Computers and Software Inc., Robert Bates, Adam Radly. (Sibanda, Kissinger)
July 12, 2019 Opinion or Order Filing 31 DECLARATION of Theodore P. Stein, Esq. in Support re: #28 MOTION to Dismiss Plaintiffs' Complaint With Prejudice [Notice of Motion].. Document filed by Offit Kurman Attorneys at Law LLP, Theodore P. Stein. (Attachments: #1 Exhibit A [Retainer Agreement w/ ACL dated 2.19.16], #2 Exhibit B [Retainer Agreement w/ ACL dated 9.7.16], #3 Exhibit C [Terms and Conditions of Representation available on the Internet])(Anesh, Mark)
July 12, 2019 Opinion or Order Filing 30 DECLARATION of Mark K. Anesh, Esq. in Support re: #28 MOTION to Dismiss Plaintiffs' Complaint With Prejudice [Notice of Motion].. Document filed by Offit Kurman Attorneys at Law LLP, Theodore P. Stein. (Attachments: #1 Exhibit A [Plaintiffs' Complaint], #2 Exhibit B [Plaintiffs' Proofs of Service], #3 Exhibit C [CA Entity Search for ACL], #4 Exhibit D [MD Entity Search for ACL], #5 Exhibit E [NY Entity Search for Offit Kurman], #6 Exhibit F [MD Entity Search for Offit Kurman], #7 Exhibit G [MD Atty. Search for T.Stein, Esq.], #8 Exhibit H [Offit Kurman Profile for T.Stein, Esq.])(Anesh, Mark)
July 12, 2019 Opinion or Order Filing 29 MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Plaintiffs' Complaint With Prejudice [Notice of Motion]. . Document filed by Offit Kurman Attorneys at Law LLP, Theodore P. Stein. (Anesh, Mark)
July 12, 2019 Opinion or Order Filing 28 MOTION to Dismiss Plaintiffs' Complaint With Prejudice [Notice of Motion]. Document filed by Offit Kurman Attorneys at Law LLP, Theodore P. Stein.(Anesh, Mark)
June 11, 2019 Opinion or Order Filing 27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/21/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 11, 2019 Opinion or Order Filing 26 TRANSCRIPT of Proceedings re: conference held on 5/21/2019 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/2/2019. Redacted Transcript Deadline set for 7/12/2019. Release of Transcript Restriction set for 9/9/2019.(McGuirk, Kelly)
May 31, 2019 Opinion or Order Filing 25 MEMO ENDORSEMENT on re: #24 Letter, filed by Theodore P. Stein, Offit Kurman Attorneys at Law LLP. ENDORSEMENT: The Court is in receipt of Plaintiff's application for discovery pending Defendants' anticipated motion to dismiss (Dkt. #23), and Defendants' letter in opposition (Dkt. #24). The Court agrees with Defendants that Plaintiff has failed to show good cause for early discovery. Accordingly, the application is DENIED. The Court further clarifies that no case management plan has yet been entered in this matter, and therefore Court-ordered discovery has not yet begun. (Signed by Judge Katherine Polk Failla on 5/31/2019) (rro)
May 29, 2019 Opinion or Order Filing 24 LETTER addressed to Judge Katherine Polk Failla from Mark K. Anesh dated 5/29/2019 re: Opposition to Plaintiffs' Letter Motion for Discovery (ECF Doc. No. 23) - Filed Pursuant to Rules 3-4 of the Court's Individual Practice Rules. Document filed by Offit Kurman Attorneys at Law LLP, Theodore P. Stein.(Anesh, Mark)
May 24, 2019 Opinion or Order Filing 23 FIRST LETTER addressed to Judge Katherine Polk Failla from Kissinger Sibanda dated 5/24/2019 re: Plaintiffs Request for Pertinent Documents for Motion research and rebuttal.. Document filed by ACL Computers and Software Inc., Robert Bates, Adam Radly.(Sibanda, Kissinger)
May 21, 2019 Opinion or Order Set/Reset Deadlines: Motions due by 7/12/2019. Responses due by 8/16/2019. Replies due by 8/30/2019. (tn)
May 21, 2019 Opinion or Order Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 5/21/2019. Attorney Kissinger Nkosinathi Sibanda representing Plaintiff present. Attorney Sarah A. Adam representing Defendant present. The July 9, 2019 Initial Pretrial Conference is cancelled. Defendant's motion to dismiss is due by 7/12/2019; Plaintiff's response is due by 8/16/2019; and Defendant's reply, if any, is due by 8/30/2019. (Court Reporter Eve Giniger) (tn)
May 16, 2019 Opinion or Order NOTICE REGARDING INITIAL PRETRIAL CONFERENCE: An Initial Pretrial Conference is currently scheduled for July 9, 2019. Please note that since the conference was scheduled, the Court has changed its individual rules, and would like to bring the following paragraph to the parties' attention: The Court schedules initial pretrial conferences with the expectation that one or more of the parties would like an in-person opportunity to bring matters to the Court's attention, and it welcomes that opportunity. However, the Court recognizes that in certain circumstances as, for example, where the parties are in agreement about the proposed discovery schedule and have no issues to raise with the Court such conferences may represent less-efficient uses of the parties' time and resources. If the parties agree on a schedule that calls for the close of all discovery within six months, and have no other issues to raise with the Court, the parties can, if they wish, submit a Proposed Civil Case Management Plan and Scheduling Order and request in their joint letter that the initial pretrial conference be cancelled. The Court will ordinarily grant such requests. ***No PDF is attached to this entry. (tn)
May 13, 2019 Opinion or Order Filing 22 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/9/2019 at 11:30 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 5/13/2019) (rro)
May 13, 2019 Opinion or Order Filing 21 FIRST LETTER addressed to Judge Katherine Polk Failla from Robert Bates et al dated 5/13/2019 re: Notice of Intent to introduce Relevant Exhibits at May 21st, 2019 Status Conference. Document filed by ACL Computers and Software Inc., Robert Bates, Adam Radly.(Sibanda, Kissinger)
April 30, 2019 Opinion or Order Filing 20 MEMO ENDORSEMENT on re: #19 LETTER addressed to Judge Katherine Polk Failla from Mark K. Anesh dated 4/29/2019 re: Request to Reschedule Pre-motion Conference. Document filed by Offit Kurman Attorneys at Law LLP, Theodore P. Stein. ENDORSEMENT: Application GRANTED. The Initial Pretrial Conference and Pre-Motion Conference is hereby ADJOURNED to Tuesday, May 21, 2019, at 10:00 a.m. So ordered. (Initial Conference set for 5/21/2019 at 10:00 AM before Judge Katherine Polk Failla. Pre-Motion Conference set for 5/21/2019 at 10:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 4/30/2019) (rjm)
April 29, 2019 Opinion or Order Filing 19 LETTER addressed to Judge Katherine Polk Failla from Mark K. Anesh dated 4/29/2019 re: Request to Reschedule Pre-motion Conference. Document filed by Offit Kurman Attorneys at Law LLP, Theodore P. Stein.(Anesh, Mark)
April 29, 2019 Opinion or Order Filing 18 MEMO ENDORSEMENT on re: #16 Letter, filed by ACL Computers and Software Inc., Adam Radly, Robert Bates. ENDORSEMENT: The Court is in receipt of Defendants' pre-motion letter seeking a conference on their proposed pre-answer motion to dismiss (Dkt. #15), Plaintiff's opposition (Dkt. #16), and the addendum to Plaintiff's opposition (Dkt. #17). The parties are ORDERED to appear for a premotion conference on Tuesday, May 7, 2019, at 3:30 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Pre-Motion Conference set for 5/7/2019 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 4/29/2019) (jca)
April 27, 2019 Opinion or Order Filing 17 FIRST LETTER addressed to Judge Katherine Polk Failla from Robert Bates et al dated 4/27/2019 re: Plaintiff's Addendum to letter - Opposition to Def. motion to Dismiss. Document filed by ACL Computers and Software Inc., Robert Bates, Adam Radly.(Sibanda, Kissinger)
April 27, 2019 Opinion or Order Filing 16 FIRST LETTER addressed to Judge Katherine Polk Failla from Robert Bates et al dated 4/27/2019 re: Plaintiff's Opposition to Defendant's motion to dismiss. Document filed by ACL Computers and Software Inc., Robert Bates, Adam Radly.(Sibanda, Kissinger)
April 25, 2019 Opinion or Order Filing 15 LETTER addressed to Judge Katherine Polk Failla from Mark K. Anesh dated 4/25/2019 re: Request for Pre-motion Conference - Pre-answer Motion to Dismiss. Document filed by Offit Kurman Attorneys at Law LLP, Theodore P. Stein.(Anesh, Mark)
April 25, 2019 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Sarah A Adam on behalf of Offit Kurman Attorneys at Law LLP, Theodore P. Stein. (Adam, Sarah)
April 25, 2019 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Mark Kenneth Anesh on behalf of Offit Kurman Attorneys at Law LLP, Theodore P. Stein. (Anesh, Mark)
April 13, 2019 Opinion or Order Filing 12 SUMMONS RETURNED EXECUTED. Legal Malpractice Insurance Company John Doe served on 4/4/2019, answer due 4/25/2019; Offit Kurman Attorneys at Law LLP served on 4/4/2019, answer due 4/25/2019; Theodore P. Stein served on 4/4/2019, answer due 4/25/2019. Service was accepted by Ms. Lauren Borchers. Document filed by ACL Computers and Software Inc.; Robert Bates; Adam Radly. (Sibanda, Kissinger)
April 12, 2019 Opinion or Order Filing 11 ORDER FOR ADMISSIONPRO HAC VICE granting #10 Motion for Kissinger N Sibanda to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 4/12/2019) (rro)
April 11, 2019 Opinion or Order Filing 10 FIRST MOTION for Kissinger Nkosinathi Sibanda to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16668507. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ACL Computers and Software Inc., Robert Bates, Adam Radly. (Attachments: #1 Exhibit Certificate of good standing, #2 Text of Proposed Order Order, #3 Affidavit Declaration)(Sibanda, Kissinger)
April 11, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 FIRST MOTION for Kissinger Nkosinathi Sibanda to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16668507. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 5, 2019 Opinion or Order Filing 9 AFFIDAVIT OF SERVICE of Summons, Complaint, Civil Cover Sheet served on Lauren Marini Esq on April 2nd, 2019. Service was accepted by Lauren Marini Attorney for Defendant. Document filed by ACL Computers and Software Inc., Robert Bates, Adam Radly. (Attachments: #1 Affidavit)(Sibanda, Kissinger)
April 2, 2019 Opinion or Order Filing 8 ELECTRONIC SUMMONS ISSUED as to Legal Malpractice Insurance Company John Doe, Offit Kurman Attorneys at Law LLP, Theodore P. Stein. (sj)
April 1, 2019 Opinion or Order Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to OFFIT KURMAN ATTORNEYS AT LAW LLP, THEODORE P. STEIN, LEGAL MALPRACTICE INSURANCE COMPANY JOHN DOE, re: #6 Complaint. Document filed by ACL Computers and Software Inc., Robert Bates, Adam Radly. (Sibanda, Kissinger)
April 1, 2019 Opinion or Order Filing 6 COMPLAINT against Legal Malpractice Insurance Company John Doe, Offit Kurman Attorneys at Law LLP, Theodore P. Stein. Document filed by ACL Computers and Software Inc., Robert Bates, Adam Radly.(Sibanda, Kissinger)
April 1, 2019 Opinion or Order Filing 5 CIVIL COVER SHEET filed. (Sibanda, Kissinger)
April 1, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kissinger Nkosinathi Sibanda. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:1396; Citizenship Defendant code 1 (Citizen of This State); County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the County code has been modified to XX Out of State;. (jgo)
April 1, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Kissinger Nkosinathi Sibanda to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017; Citizenship Plaintiff code - multiple selections;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
April 1, 2019 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo)
April 1, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kissinger Nkosinathi Sibanda to RE-FILE Document No. #2 Complaint, #1 Complaint. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading; the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
April 1, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kissinger Nkosinathi Sibanda. The party information for the following party/parties has been modified: ACL Computers and Software Inc.; Offit Kurman Attorneys at Law LLP; Theodore P. Stein. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo)
April 1, 2019 Opinion or Order Case Designated ECF. (jgo)
April 1, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kissinger Nkosinathi Sibanda to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on 'as to' docket entry text whom summons is for does not exactly match initial pleading caption; all of the filers were not selected;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
April 1, 2019 Opinion or Order Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo)
March 29, 2019 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to OFFIT KURMAN ATTORNEYS AT LAW LLP, THEODORE P. STEIN, LEGAL MALPRACTICE COMPANY JOHN DOE, re: #2 Complaint. Document filed by Robert Bates. (Sibanda, Kissinger)
March 29, 2019 Filing 3 CIVIL COVER SHEET filed. (Sibanda, Kissinger)
March 29, 2019 Filing 2 COMPLAINT against OFFIT KURMAN ATTORNEYS AT LAW LLP. Document filed by Robert Bates.(Sibanda, Kissinger)
March 29, 2019 Filing 1 COMPLAINT against Robert Bates. (Filing Fee $ 400.00, Receipt Number ANYSDC-16584853)Document filed by Robert Bates.(Sibanda, Kissinger)

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Search for this case: Bates et al v. Offit Kurman Attorneys at Law LLP et al
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Plaintiff: Adam Radly
Represented By: Kissinger Nkosinathi Sibanda
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Plaintiff: ACL COMPUTERS AND SOFTWARE INC
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Plaintiff: Robert Bates
Represented By: Kissinger Nkosinathi Sibanda
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Plaintiff: ACL Computers and Software Inc.
Represented By: Kissinger Nkosinathi Sibanda
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Defendant: OFFIT KURMAN ATTORNEYS AT LAW LLP
Represented By: Sarah A Adam
Represented By: Mark Kenneth Anesh
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Defendant: THEODORE P STEIN
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Defendant: Legal Malpractice Insurance Company John Doe
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Defendant: Theodore P. Stein
Represented By: Sarah A Adam
Represented By: Mark Kenneth Anesh
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