Gowens v. Capella University Inc et al
Plaintiff: Phillip Gowens
Defendant: Capella University Inc, Equifax Information Services LLC and Higher Education Loan Authority of the State of Missouri d/b/a Mohela
Case Number: 4:2019cv00362
Filed: February 28, 2019
Court: US District Court for the Northern District of Alabama
Presiding Judge: Annemarie Carney Axon
Referring Judge: Karon O Bowdre
2 Judge: Corey L Maze
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1681
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 13, 2021 Opinion or Order Filing 89 ORDER re #88 Joint Stipulation of Dismissal with Prejudice. Defendant Equifax Information Services, LLC is DISMISSED with prejudice. The Clerk is DIRECTED to close this case. Signed by Judge Corey L. Maze on 4/13/2021. (SRD)
April 12, 2021 Filing 88 STIPULATION of Dismissal As to Defendant Equifax Information Services, LLC by Phillip Gowens. filed by Phillip Gowens (Attachments: #1 Text of Proposed Order)(Adkins, Micah)
April 6, 2021 Opinion or Order Filing 87 ORDER re #86 Joint Stipulation of Dismissal with Prejudice. Defendant Capella University, Inc. is DISMISSED with prejudice under Rule 41(a)(1)(A)(ii). Signed by Judge Corey L. Maze on 4/6/2021. (SRD)
April 6, 2021 Filing 86 STIPULATION of Dismissal by Phillip Gowens. filed by Phillip Gowens (Attachments: #1 Text of Proposed Order)(Adkins, Micah)
April 6, 2021 Minute Entry for proceedings held before Judge Corey L. Maze: Telephone Conference held on 4/6/2021. (SRD)
February 19, 2021 Filing 85 NOTICE by Phillip Gowens of Settlement with Defendants Capella University, Inc. and Equifax Information Services, LLC (Adkins, Micah)
February 18, 2021 Opinion or Order Filing 84 QUALIFIED HIPAA PROTECTIVE ORDER certain health information shall remain confidential as set out within. Signed by Judge Corey L. Maze on 2/18/2021. (SRD)
February 18, 2021 Opinion or Order Filing 83 ORDER GRANTING-IN-PART and DENYING-IN-PART #77 Joint MOTION to Continue pending deadlines (Opposed) filed by Capella University Inc. Telephone Conference set for 4/6/2021 03:00 PM before Judge Corey L. Maze.. Signed by Judge Corey L Maze on 2/18/2021. (SRD)
February 16, 2021 Filing 82 Joint MOTION for Hipaa Order by Phillip Gowens. (Attachments: #1 Text of Proposed Order)(Adkins, Micah)
February 10, 2021 Opinion or Order Filing 81 TEXT ORDER: Because parties have resolved their discovery dispute, Defendant's motion for leave to file a motion to compel plaintiff to provide complete discovery responses #73 is now MOOT. As such, the February 12, 2021 hearing is CANCELLED. The court will discuss the motion to continue pending deadlines (opposed) #77 at next weeks telephone conference. Signed by Judge Corey L. Maze on 2/10/2021. (SRD)
February 8, 2021 Filing 80 RESPONSE in Opposition re #77 Joint MOTION to Continue pending deadlines (Opposed) filed by Phillip Gowens. (Adkins, Micah)
February 8, 2021 Filing 79 STATUS REPORT Certification Statement of Michael S. Poncin by Capella University Inc. filed by Capella University Inc (Poncin, Michael)
February 5, 2021 Opinion or Order Filing 78 TEXT ORDER: the Court ORDERS Plaintiff to file a response to the Joint Motion to Continue Pending Deadlines (Opposed) #77 by close of business Monday, February 8, 2021. Signed by Judge Corey L. Maze on 2/5/2021. (SRD)
February 5, 2021 Filing 77 Joint MOTION to Continue pending deadlines (Opposed) by Capella University Inc. (Attachments: #1 Proposed Order)(Poncin, Michael)
January 25, 2021 Opinion or Order Filing 76 ORDER It is ORDERED that counsel for the parties shall confer and shall attempt to resolve their differences regarding the discovery at issue. Signed by Judge Corey L. Maze on 1/25/2021. (SRD)
January 19, 2021 Filing 75 AFFIDAVIT in Support re #73 MOTION for Leave to File a Motion to Compel Plaintiff to Provide Complete Discovery Responses filed by Capella University Inc. (Poncin, Michael)
January 19, 2021 Filing 74 Brief re #73 MOTION for Leave to File a Motion to Compel Plaintiff to Provide Complete Discovery Responses filed by Capella University Inc. (Poncin, Michael)
January 19, 2021 Filing 73 MOTION for Leave to File a Motion to Compel Plaintiff to Provide Complete Discovery Responses by Capella University Inc. (Poncin, Michael)
December 29, 2020 Opinion or Order Filing 72 TEXT ORDER granting #71 Motion for Admission Pro Hac Vice . Signed by Judge Corey L. Maze on 12/29/2020. (SRD)
December 23, 2020 Filing 71 MOTION Pro Hac Vice by Equifax Information Services LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Steadman, Joseph)
December 23, 2020 Filing 70 MOTION for Limited Admission (Pro Hac Vice) by Equifax Information Services LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Steadman, Joseph)
December 23, 2020 PHV Fee paid: $ 75, receipt number 1126-3741105 (B4601110444). (Steadman, Joseph) Modified on 12/28/2020 (MEB2).
August 10, 2020 Opinion or Order Filing 69 SCHEDULING ORDER: Discovery due by 2/16/2021. Telephone Conference set for 2/16/2021 03:00 PM. Dispositive Motions due by 3/16/2021. Final Pretrial Conference set for 7/2/2021 03:00 PM in US Courthouse, Anniston, AL. Signed by Judge Corey L. Maze on 8/10/2020. (SRD)
August 10, 2020 Minute Entry for proceedings held before Judge Corey L. Maze: Telephone Conference held on 8/10/2020. (SRD)
July 31, 2020 Opinion or Order Filing 68 TEXT ORDER Telephone Scheduling Conference is SET for Monday, August 10, 2020 at 3:30 PM before Judge Corey L. Maze. Call-in information will be emailed to counsel of record. Signed by Judge Corey L. Maze on 7/31/2020. (SRD)
July 30, 2020 Filing 67 REPORT of Rule 26(f) Planning Meeting. (Adkins, Micah)
June 30, 2020 Opinion or Order Filing 66 INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Corey L. Maze on 6/30/2020. (SRD)
June 30, 2020 Filing 65 Minute Entry for proceedings held before Judge Corey L. Maze: Telephone Conference held on 6/30/2020. (SRD)
June 24, 2020 Opinion or Order Filing 64 TEXT ORDER: The Court hereby SETS a telephone status conference in this matter on Tuesday, June 30, 2020 at 3:00 PM. Call-in information will be emailed to all counsel of record. Signed by Judge Corey L Maze on 6/24/2020. (SRD)
June 23, 2020 Filing 63 ANSWER to #29 Amended Complaint by Capella University Inc.(Lasserre, Michael)
June 9, 2020 Opinion or Order Filing 62 ORDER For reasons stated within, the Court GRANTS Capella's Motion to Dismiss Count Six of the Amended Complaint and DENIES Capella's Motion as to Counts Five and Seven of the Amended Complaint.The Court hereby DISMISSES WITH PREJUDICE Count Six of the Amendment Complaint. Signed by Judge Corey L. Maze on 6/9/2020. (SRD)
June 1, 2020 Opinion or Order Filing 61 ORDER For the reasons stated within, the Court hereby GRANTS MOHELA's Motion for Judgment on the Pleadings. (Doc. #39 ). Gowens' claims against MOHELA are due to be, and are hereby, DISMISSED WITH PREJUDICE. Signed by Judge Corey L. Maze on 6/1/2020. (SRD)
May 1, 2020 Opinion or Order Filing 60 TEXT ORDER granting #59 Motion to Withdraw as Attorney. Attorney Kirkland E Reid terminated. Signed by Judge Corey L. Maze on 5/1/2020. (SRD)
March 13, 2020 Filing 59 MOTION to Withdraw as Attorney by Equifax Information Services LLC. (Reid, Kirkland)
March 13, 2020 Filing 58 NOTICE of Appearance by Joseph D Steadman, Jr on behalf of Equifax Information Services LLC (Steadman, Joseph)
November 22, 2019 Opinion or Order Filing 57 ORDER that the #52 MOTION for Protective Order filed by Higher Education Loan Authority of the State of Missouri d/b/a Mohela, and the #53 MOTION to Stay its Deadline to Respond to Discovery filed by Capella University Inc. are hereby terminated as Moot. The Court hereby ORDERS that Defendants shall respond to Plaintiff Gowens' discovery requests within twenty (20) days of the Court's rulings on Capella University's #34 Motion to Dismiss and MOHELA's #39 Motion for Judgment on the Pleadings. Signed by Judge Corey L Maze on 11/22/2019. (JLC)
November 8, 2019 Filing 56 STIPULATION re #52 MOTION for Protective Order , #53 MOTION to Stay its Deadline to Respond to Discovery by Phillip Gowens. filed by Phillip Gowens (Attachments: #1 Text of Proposed Order)(Adkins, Micah)
November 5, 2019 Opinion or Order Filing 55 TEXT ORDER: The Court ORDERS Plaintiff Gowens to show cause in writing by 5:00 PM on Friday, November 8, 2019 why the Court should not grant Motions #52 and #53 . Should Plaintiff Gowens fail to respond, the Court WILL grant said Motions. Plaintiff Gowens response shall not exceed ten (10) pages, double-spaced. Signed by Judge Corey L. Maze on 11/5/2019. (JPW)
October 30, 2019 Filing 54 MOTION Errata to Motion for Protective Order re #52 MOTION for Protective Order by Higher Education Loan Authority of the State of Missouri d/b/a Mohela. (Attachments: #1 Exhibit A)(Premo, Grant)
October 28, 2019 Filing 53 MOTION to Stay its Deadline to Respond to Discovery by Capella University Inc. (Attachments: #1 Exhibit A- Plaintiff's Discovery Requests)(Poncin, Michael)
October 25, 2019 Filing 52 MOTION for Protective Order by Higher Education Loan Authority of the State of Missouri d/b/a Mohela. (Premo, Grant)
October 25, 2019 Opinion or Order Filing 51 TEXT ORDER: The Court GRANTS Capella's motion #50 for good cause shown. The Court hereby GRANTS Capella leave to file a motion to stay the current November 5, 2019 discovery deadline until after the Court rules on Capella's pending motion to dismiss. Signed by Judge Corey L. Maze on 10/25/2019. (JPW)
October 25, 2019 Filing 50 MOTION for Leave to File a Motion to Stay Deadline to Respond to Discovery by Capella University Inc. (Kostolnik, Matthew)
October 25, 2019 Opinion or Order Filing 49 TEXT ORDER: The Court GRANTS MOHELA's motion #48 for good cause shown. The Court hereby GRANTS MOHELA leave to file a motion to stay the current November 11, 2019 discovery deadline until twenty days after the Court rules on MOHELA's pending motion for judgment on the pleadings. Signed by Judge Corey L. Maze on 10/25/2019. (JPW)
October 24, 2019 Filing 48 MOTION for Leave to File A Motion to Stay Its Deadline to Respond to Discovery by Higher Education Loan Authority of the State of Missouri d/b/a Mohela. (Premo, Grant)
August 12, 2019 Opinion or Order Filing 47 PROTECTIVE ORDER with Declaration of Compliance attached. Signed by Judge Corey L Maze on 8/12/2019. (SRD)
August 9, 2019 Filing 46 Joint MOTION for Protective Order by Phillip Gowens. (Attachments: #1 Text of Proposed Order)(Adkins, Micah)
July 26, 2019 Filing 45 REPLY Brief filed by Defendant Capella University Inc re: #34 MOTION to Dismiss Plaintiff's Amended Complaint filed by Capella University Inc. (Attachments: #1 Exhibit A- Public property records from Island County, Washington)(Poncin, Michael)
July 23, 2019 Filing 44 REPLY to Response to Motion re #39 MOTION for Judgment on the Pleadings , In Support of Its Sovereign Immunity Arguments, and Reply to This Court's Show Cause Order, filed by Higher Education Loan Authority of the State of Missouri d/b/a Mohela. (Premo, Grant)
July 16, 2019 Filing 43 RESPONSE in Opposition re #39 MOTION for Judgment on the Pleadings filed by Phillip Gowens. (Adkins, Micah)
July 12, 2019 Filing 42 RESPONSE in Opposition re #34 MOTION to Dismiss Plaintiff's Amended Complaint filed by Phillip Gowens. (Adkins, Micah)
July 2, 2019 Opinion or Order Filing 41 ORDER TO SHOW CAUSE: The court ORDERS Plaintiff Gowens to show cause in writing by 5:00 p.m. on Tuesday, July 16, 2019 why the court should not grant Defendant MOHELA's Motion for Judgment on the Pleadings #39 on the basis of sovereign immunity. Plaintiff Gowens' response shall not exceed fifteen (15) pages, double-spaced. Defendant MOHELA may reply by 5:00 p.m. on Tuesday, July 23, 2019. Defendant MOHELA's reply shall not exceed fifteen (15) pages, double-spaced. Signed by Judge Corey L Maze on 7/2/2019. (SRD, )
June 27, 2019 Filing 40 Brief re #39 MOTION for Judgment on the Pleadings . (Attachments: #1 Exhibit A)(Premo, Grant)
June 27, 2019 Filing 39 MOTION for Judgment on the Pleadings by Higher Education Loan Authority of the State of Missouri d/b/a Mohela. (Premo, Grant)
June 21, 2019 Filing 38 Case Reassigned to Judge Corey L Maze. Chief Judge Karon O Bowdre no longer assigned to the case. Please use case number 4:19-CV-0362-CLM on all subsequent pleadings. (JLC)
June 21, 2019 Opinion or Order Filing 37 ORDER SETTING BRIEFING SCHEDULE re #34 MOTION to Dismiss Plaintiff's Amended Complaint filed by Capella University, Inc. Plaintiff's Response to the Motion due on or before July 12, 2019. Any Reply Brief due on or before July 26, 2019. Signed by Chief Judge Karon O Bowdre on 6/21/2019. (JLC)
June 21, 2019 Opinion or Order Filing 36 TEXT ORDER: Plaintiff's amended complaint (doc. 29) is now the operative pleading. So Defendant Capella University's motion to dismiss Plaintiff's original complaint (doc. 19) is MOOT. The court will enter a briefing schedule on Capella's motion to dismiss the amended complaint. Signed by Chief Judge Karon O Bowdre on 06/21/2019.(MCP)
June 21, 2019 Set Deadlines as to #34 MOTION to Dismiss Plaintiff's Amended Complaint. Responses due on or before July 12, 2019. Replies due on or before July 26, 2019. (JLC)
June 19, 2019 Filing 35 MEMORANDUM in Support re #34 MOTION to Dismiss Plaintiff's Amended Complaint filed by Capella University Inc. (Poncin, Michael) Modified on 6/20/2019 (JLC).
June 19, 2019 Filing 34 MOTION to Dismiss Plaintiff's Amended Complaint by Capella University Inc. (Poncin, Michael)
June 5, 2019 Filing 33 ANSWER to #29 Amended Complaint by Equifax Information Services LLC.(Reid, Kirkland)
June 5, 2019 Filing 32 ANSWER to #29 Amended Complaint by Higher Education Loan Authority of the State of Missouri d/b/a Mohela.(Premo, Grant)
June 3, 2019 Opinion or Order Filing 31 TEXT ORDER: The court GRANTS Defendant's "Unopposed Motion for Extension of Time to Respond to Amended Complaint." (Doc. 30). Defendant's answer is now due on or before June 19, 2019. Signed by Chief Judge Karon O Bowdre on 06/03/2019. (LMG)
June 3, 2019 Filing 30 Unopposed MOTION for Extension of Time to Respond to Amended Complaint by Capella University Inc. (Ezelle, Jay)
May 22, 2019 Filing 29 AMENDED COMPLAINT against All Defendants, filed by Phillip Gowens.(Adkins, Micah)
May 22, 2019 Opinion or Order Filing 28 TEXT ORDER: The court GRANTS the joint #27 Motion for Extension of Time to Answer. Defendant Higher Education Loan Authority of the State of Missouri d/b/a Mohela shall respond to the complaint on or before June 5, 2019. Signed by Chief Judge Karon O Bowdre on 05/22/2019.(MCP)
May 21, 2019 Filing 27 Joint MOTION for Extension of Time to File Answer by Higher Education Loan Authority of the State of Missouri d/b/a Mohela. (Premo, Grant)
May 9, 2019 Filing 26 REPORT of Rule 26(f) Planning Meeting. (Adkins, Micah)
May 6, 2019 Opinion or Order Filing 25 INITIAL ORDER Governing All Further Proceedings - with appendices attached. **The report also should contain a synopsis of the case advising the court of the general claims and defenses of the parties. Signed by Chief Judge Karon O Bowdre on 5/6/2019. (FNC)
May 2, 2019 Filing 24 Corporate Disclosure Statement by Capella University Inc. filed by Capella University Inc (Poncin, Michael)
May 2, 2019 Opinion or Order Filing 23 ORDER SETTING BRIEFING SCHEDULE re #19 MOTION to Dismiss filed by Capella University Inc. Plaintiff's Response due on or before May 23, 2019. Any Reply Brief due on or before June 6, 2019. Signed by Chief Judge Karon O Bowdre on 5/2/2019. (JLC)
May 2, 2019 Set Deadlines as to #19 MOTION to Dismiss. Responses due on or before May 23, 2019. Replies due on or before June 6, 2019. (JLC)
May 1, 2019 Filing 22 Corporate Disclosure Statement by Equifax Information Services LLC. filed by Equifax Information Services LLC (Reid, Kirkland)
May 1, 2019 Filing 21 ANSWER to #1 Complaint with Jury Demand by Equifax Information Services LLC.(Reid, Kirkland)
May 1, 2019 Filing 20 Brief re #19 MOTION to Dismiss . (Ezelle, Jay)
May 1, 2019 Filing 19 MOTION to Dismiss by Capella University Inc. (Ezelle, Jay)
April 26, 2019 Opinion or Order Filing 18 TEXT ORDER: The court GRANTS the unopposed #17 Motion for Extension of Time to Answer. Defendant Higher Education Loan Authority of the State of Missouri d/b/a Mohela shall respond to the complaint on or before May 22, 2019. Signed by Chief Judge Karon O Bowdre on 04/26/2019.(MCP)
April 26, 2019 Filing 17 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Higher Education Loan Authority of the State of Missouri d/b/a Mohela. (Premo, Grant)
April 19, 2019 Opinion or Order Filing 16 TEXT ORDER: The court GRANTS the motions to admit Matthew P. Kostolnik (doc. 13), Michael S. Poncin (Doc. 14) and Bradley R. Armstrong (doc. 15) pro hac vice. The court advises counsel that it may require at least one attorney for each party to be physically present at every hearing and status conference. Signed by Chief Judge Karon O Bowdre on 4/19/19. (MMW)
April 19, 2019 PHV Fee paid for Matthew P. Kostolnik in the amount of $50.00, receipt number B4601096932. (JLC)
April 19, 2019 PHV Fee paid for Michael S. Poncin in the amount of $50.00, receipt number B4601096933. (JLC)
April 19, 2019 PHV Fee paid for Bradley R. Armstrong in the amount of $50.00, receipt number B4601096934. (JLC)
April 18, 2019 Filing 15 MOTION for Limited Admission Pro Hac Vice of Bradley R. Armstrong by Capella University Inc. (Ezelle, Jay)
April 18, 2019 Filing 14 MOTION for Limited Admission Pro Hac Vice of Michael S. Poncin by Capella University Inc. (Ezelle, Jay)
April 18, 2019 Filing 13 MOTION for Limited Admission Pro Hac Vice of Matthew P. Kostolnik by Capella University Inc. (Ezelle, Jay)
April 2, 2019 Opinion or Order Filing 12 TEXT ORDER: The court GRANTS the #11 Motion for Extension of Time to Answer. Like the other defendants in this case (see docs. 7 and 10), Defendant Higher Education Loan Authority of the State of Missouri d/b/a Mohela shall respond to the complaint on or before May 1, 2019. Signed by Chief Judge Karon O Bowdre on 05/01/2019.(MCP)
April 1, 2019 Filing 11 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Higher Education Loan Authority of the State of Missouri d/b/a Mohela. (Premo, Grant)
March 28, 2019 Opinion or Order Filing 10 TEXT ORDER: Consistent with Doc. 7 entered prior to reassignment to the undersigned, the court GRANTS the unopposed #8 Motion for Extension of Time to Answer. Capella University Inc shall respond to the complaint on or before May 1, 2019. Signed by Chief Judge Karon O Bowdre on 03/28/2019.(MCP)
March 27, 2019 Opinion or Order Filing 9 ORDER The undersigned recuses herself from further participation in this case. The court DIRECTS the Clerk to reassign this case to another judge in accordance with the Clerks normal procedure. Case reassigned to Judge Chief Judge Karon O Bowdre Judge Judge Annemarie Carney Axon no longer assigned to case. Signed by Judge Annemarie Carney Axon on 3/27/2019. (TLM, )
March 26, 2019 Filing 8 Unopposed MOTION for Extension of Time to File Answer by Capella University Inc. (Ezelle, Jay)
March 22, 2019 Opinion or Order Filing 7 TEXT ORDER granting #6 unopposed motion for an extension of time to file answer. Defendant Equifax Information Services LLC must file its responsive pleading on or before May 1, 2019.. Signed by Judge Annemarie Carney Axon on 3/22/2019. (TLM, )
March 22, 2019 Filing 6 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Equifax Information Services LLC. (Reid, Kirkland)
March 15, 2019 Filing 5 SUMMONS Returned Executed (certified mail). Capella University Inc served on 3/11/2019, answer due 4/1/2019; Higher Education Loan Authority of the State of Missouri d/b/a Mohela served on "NO DATE ON GREEN CARD", answer due 4/5/2019. (KWC)
March 14, 2019 Filing 4 SUMMONS Returned Executed (certified mail). Equifax Information Services LLC served on 3/11/2019, answer due 4/1/2019. (KWC)
March 8, 2019 Filing 3 Summons Issued (by certified mail) as to Capella University Inc, Equifax Information Services LLC, Higher Education Loan Authority of the State of Missouri d/b/a Mohela. (KWC)
March 7, 2019 Filing 2 Request for service by certified mail filed by Phillip Gowens. (Adkins, Micah)
March 2, 2019 Filing Fee: Filing fee $ 400, receipt_number B4601095782. related document #1 COMPLAINT against Capella University Inc, Equifax Information Services LLC, Higher Education Loan Authority of the State of Missouri d/b/a Mohela, filed by Phillip Gowens.(TLM, ). (Adkins, Micah) Modified on 3/4/2019 (TLM, ).
February 28, 2019 Filing 1 COMPLAINT against Capella University Inc, Equifax Information Services LLC, Higher Education Loan Authority of the State of Missouri d/b/a Mohela, filed by Phillip Gowens.(TLM, )

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Search for this case: Gowens v. Capella University Inc et al
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Plaintiff: Phillip Gowens
Represented By: Micah S Adkins
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Defendant: Capella University Inc
Represented By: Jay M Ezelle
Represented By: Matthew P Kostolnik
Represented By: Michael S Poncin
Represented By: Bradley R Armstrong
Represented By: Michael R Lasserre
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Defendant: Equifax Information Services LLC
Represented By: Kirkland E Reid
Represented By: Brandon Stein
Represented By: Joseph D Steadman, Jr
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Defendant: Higher Education Loan Authority of the State of Missouri d/b/a Mohela
Represented By: Grant A Premo
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