Maverick Fund LDC et al v. First Solar Incorporated et al
| Maverick Fund II Limited, Maverick Long Fund Limited, Maverick Fund LDC, Maverick Neutral Levered Fund Limited, Maverick Fund USA Limited, Maverick Neutral Fund Limited and Maverick Long Enhanced Fund Limited |
| Mark R Widmar, Bruce Sohn, British Coal Staff Superannuation Scheme, Jens Meyerhoff, James Zhu, First Solar Incorporated, Robert J Gillette, Michael J Ahearn, Mineworkers' Pension Scheme and David Eaglesham |
| 2:2015cv01156 |
| June 23, 2015 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| XX US, Outside State |
| David G Campbell |
| Other Statutes: Securities/Commodities |
| 15 U.S.C. § 78 |
| Both |
Docket Report
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| Remark: Pro hac vice motion(s) granted for David H Korn and Lauren M Rosenberg on behalf of Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, and James Zhu. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 52 NOTICE of Service of Discovery filed by Maverick Fund II Limited, Maverick Fund LDC, Maverick Fund USA Limited, Maverick Long Enhanced Fund Limited, Maverick Long Fund Limited, Maverick Neutral Fund Limited, Maverick Neutral Levered Fund Limited. (Thorpe, David) |
| Filing 53 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY DISPUTE HEARING proceedings held on 02/19/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/16/2020. Redacted Transcript Deadline set for 3/25/2020. Release of Transcript Restriction set for 5/26/2020. (RAP) |
| Filing 51 TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on 2/19/2020, Judge David G Campbell hearing judge(s). (Roth, Joseph) |
| Filing 50 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Discovery Hearing held on 2/19/2020. See attachment for details and deadlines. (Court Reporter Patricia Lyons.) Hearing held 2:00 p.m. to 3:18 p.m. (CLB) |
Filing 49
ORDER. The Court held a discovery conference call with the parties today. The Court will enter a separate minute entry addressing its ruling on issues raised by Plaintiffs. The Court enters the following rulings on issues raised by Defendants: (1) The Court will permit Defendants to obtain discovery regarding Plaintiffs' purchases of First Solar stock dating back to the IPO. The Court concludes that such information is relevant to reliance and other issues. Plaintiffs shall respond to the discovery on this issue as propounded or as narrowed in subsequent correspondence. (2) Plaintiffs shall conduct a search of any modeling system it maintains for any documents related to Plaintiffs' investment in First Solar stock. (3) The Court will not require further production of documents on employee reviews and investment evaluations. Plaintiffs avow that they have searched such files for documents related to First Solar and solar products, and the Court finds this sufficient. (4) Plaintiffs shall produce any documents setting forth Plaintiffs' investment strategies and policies. This requirement does not include any and all communications related to investments, which would be unduly burdensome, but does include documents stating Plaintiffs' investment strategies and policies. (5) The Court will not require further production of documents related to the stock committee. Plaintiffs avow that they have searched for and produced any stock-committee related documents that mention First Solar. (6) Plaintiffs shall identify the three SMAs with which they traded First Solar stock. (7) Plaintiffs shall identify any lawsuits or arbitrations in which they have been a party, that concerned allegations of securities fraud, for the time period identified by Defendants. Plaintiffs shall produce documents and provide information required by this order by March 6, 2020. Signed by Senior Judge David G Campbell on 2-19-20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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Filing 48
ORDER re Telephonic Discovery Conference set for 2/19/2020 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Counsel for Plaintiffs shall initiate a conference call to include counsel for all parties and the Court. Counsel for Plaintiffs shall provide the dial-in number and information to counsel for all parties and the Court no later than 12:00 noon on 2/19/2020. Signed by Senior Judge David G Campbell on 2/18/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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Filing 47
ORDER granting #42 Motion to Compel. Considering the degree of overlap in facts, parties, and issues between this case and the Smilovits class action, the expert reports of the plaintiffs in Smilovits clearly are relevant to this case. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1132 (9th Cir. 2003). Production of the expert reports and depositions will save a significant amount of time and effort on the part of Plaintiffs in this case. While it is not clear that it will save a significant amount of actual discovery in this case, the Court cannot conclude that discovery savings are the only basis for ordering production in light of Foltz. This is particularly true when the Smilovits plaintiffs have not identified strong countervailing interests. Id. at 1133. They have not identified any privacy interest in the reports, and they rely solely on a blanket discovery protective order in the Smilovits case. Reliance on a blanket protective order in granting discovery, without more, will not justify a refusal to modify the protective order. Id. The Smilovits plaintiffs claim that they relied on the protective order, but do not identify how they relied. And they cannot dispute that their expert opinions will become public in the trial scheduled to start in several weeks. Defendants in this case (who take no position on this dispute) shall produce to Plaintiffs the expert reports, exhibits, and depositions of the Smilovits plaintiffs. Signed by Senior Judge David G Campbell on 11/26/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| Filing 46 REPLY to Response to Motion re: #42 MOTION to Compel Expert Materials filed by Maverick Fund II Limited, Maverick Fund LDC, Maverick Fund USA Limited, Maverick Long Enhanced Fund Limited, Maverick Long Fund Limited, Maverick Neutral Fund Limited, Maverick Neutral Levered Fund Limited. (Thorpe, David) |
| Filing 45 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Discovery Dispute Hearing held on 11/5/2019. See attachment for details. (Court Reporter Patricia Lyons.) Hearing held 11:51 AM to 12:24 PM.(CLB) |
| Filing 44 RESPONSE in Opposition re: #42 MOTION to Compel Expert Materials filed by Mineworkers' Pension Scheme, British Coal Staff Superannuation Scheme. (Stakem, Hillary) |
| Remark: Pro hac vice motion(s) granted for Shawn M Hays on behalf of Plaintiffs Maverick Fund II Limited, Maverick Fund LDC, Maverick Fund USA Limited, Maverick Long Enhanced Fund Limited, Maverick Long Fund Limited, Maverick Neutral Fund Limited, and Maverick Neutral Levered Fund Limited. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 42 MOTION to Compel Expert Materials by Maverick Fund II Limited, Maverick Fund LDC, Maverick Fund USA Limited, Maverick Long Enhanced Fund Limited, Maverick Long Fund Limited, Maverick Neutral Fund Limited, Maverick Neutral Levered Fund Limited. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Thorpe, David) |
| Filing 43 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of SCHEDULING CONFERENCE proceedings held on 10/02/2019, before Judge DAVID G. CAMPBELL. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/6/2019. Redacted Transcript Deadline set for 11/18/2019. Release of Transcript Restriction set for 1/14/2020. (RAP) |
| Filing 41 *NOTICE of Service of Discovery filed by Maverick Fund II Limited, Maverick Fund LDC, Maverick Fund USA Limited, Maverick Long Enhanced Fund Limited, Maverick Long Fund Limited, Maverick Neutral Fund Limited, Maverick Neutral Levered Fund Limited. (Thorpe, David) *Modified to add filers on 10/17/2019 (RMV). |
| Filing 40 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Roth, Joseph) |
| Filing 39 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Roth, Joseph) |
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Filing 38
CASE MANAGEMENT ORDER: Fact Discovery due by 6/5/2020. Dispositive motions due by 11/20/2020. See attachment for details. Signed by Senior Judge David G Campbell on 10/4/19. (CLB)
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| Filing 37 *NOTICE of Service of Discovery filed by Maverick Fund II Limited, Maverick Fund LDC, Maverick Fund USA Limited, Maverick Long Enhanced Fund Limited, Maverick Long Fund Limited, Maverick Neutral Fund Limited, Maverick Neutral Levered Fund Limited. (Thorpe, David) *Modified to add filers on 10/17/2019 (RMV). |
| Filing 36 TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on 10/2/19, Judge David G Campbell hearing judge(s). (Roth, Joseph) |
| Filing 35 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Scheduling Conference held on 10/2/2019. Case Management Order to follow. See attachment for details. (Court Reporter Christine Coaly.) Hearing held 3:01 p.m. to 3:22 p.m. (CLB) |
| Filing 34 *REPORT of Rule 26(f) Planning Meeting by Maverick Fund II Limited, Maverick Fund LDC, Maverick Fund USA Limited, Maverick Long Enhanced Fund Limited, Maverick Long Fund Limited, Maverick Neutral Fund Limited, Maverick Neutral Levered Fund Limited. (Attachments: #1 Exhibit A)(Thorpe, David) *Modified to add filers on 10/17/2019 (RMV). |
| Filing 33 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Roth, Joseph) |
| Filing 32 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC STATUS CONFERENCE proceedings held on 08/14/2019, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/30/2019. Redacted Transcript Deadline set for 10/10/2019. Release of Transcript Restriction set for 12/9/2019. (RAP) |
| Filing 31 *NOTICE of Service of Discovery filed by Maverick Fund II Limited, Maverick Fund LDC, Maverick Fund USA Limited, Maverick Long Enhanced Fund Limited, Maverick Long Fund Limited, Maverick Neutral Fund Limited, Maverick Neutral Levered Fund Limited. (Thorpe, David) *Modified to add filers on 10/17/2019 (RMV). |
| Filing 30 TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on 8/14/2019, Judge David G Campbell hearing judge(s). (Roth, Joseph) |
| Filing 29 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Status Conference held on 8/14/2019. Rule 26(f) report due 9/20/2019. Telephonic Rule 16 Scheduling Conference set for 10/2/2019 at 03:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. See attachment for details. (Court Reporter Patricia Lyons.) Hearing held 4:31 PM to 5:03 PM.(CLB) |
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Filing 28
ORDER. Telephonic Status Conference set for 8/14/2019 at 04:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Counsel for Plaintiff shall initiate a conference call to include counsel for all parties and the Court. If a dial-in number is to be used, counsel for Plaintiff shall provide the dial-in information to counsel for all parties and the Court no later than 12:00 noon on 8/13/2019. Signed by Senior Judge David G Campbell on 8/6/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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Filing 27
ORDER granting #26 Motion for Protective Order. Signed by Senior Judge David G Campbell on 8/1/2019.(DGC, nvo)
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| Filing 26 Joint MOTION for Protective Order Governing Confidentiality by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Text of Proposed Order)(Roth, Joseph) |
| Filing 25 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette. (Roth, Joseph) |
| Filing 24 ANSWER to #1 Complaint with Jury Demand by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.(Roth, Joseph) |
| Filing 23 NOTICE re: of Intent Not to File an Amended Complaint by Maverick Fund II Limited, Maverick Fund LDC, Maverick Fund USA Limited, Maverick Long Enhanced Fund Limited, Maverick Long Fund Limited, Maverick Neutral Fund Limited, Maverick Neutral Levered Fund Limited re: #22 Order on Motion to Dismiss for Failure to State a Claim . (Himelrick, Richard) |
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Filing 22
ORDER granting in part and denying in part #17 Motion to Dismiss for Failure to State a Claim. Plaintiffs shall file an amended complaint on or before 12/11/2018. Signed by Senior Judge David G Campbell on 11/27/2018. (DGC, nvo)
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| Filing 21 REPLY to Response to Motion re: #17 MOTION to Dismiss for Failure to State a Claim filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Roth, Joseph) |
| Filing 20 RESPONSE in Opposition re: #17 MOTION to Dismiss for Failure to State a Claim filed by Maverick Fund II Limited, Maverick Fund LDC, Maverick Fund USA Limited, Maverick Long Enhanced Fund Limited, Maverick Long Fund Limited, Maverick Neutral Fund Limited, Maverick Neutral Levered Fund Limited. (Attachments: #1 Exhibit 1)(Himelrick, Richard) |
| Remark: Pro hac vice motions granted for Daniel Slifkin, Michael T Reynolds and Karin A DeMasi on behalf of defendants. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 19 NOTICE of Appearance by Joseph Nathaniel Roth on behalf of Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Roth, Joseph) |
| Filing 18 NOTICE re: Certification of Conferral by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu re: #17 MOTION to Dismiss Case . (Roth, Joseph) |
| Filing 17 *MOTION to Dismiss Case for Failure to State a Claim by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit Exhibits 1 - 19, #2 Affidavit Declaration)(Roth, Joseph) *Modified to correct event type on 7/17/2018 (EJA). |
| Filing 16 NOTICE of Attorney Withdrawal MAUREEN BEYERS filed by Joseph Nathaniel Roth. (Roth, Joseph) |
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Filing 15
ORDER pursuant to #12 Stipulation For Extension of Time To Answer Complaint after ruling by Ninth Circuit in CV12-555 PHX DGC. Signed by Judge David G Campbell on 11/9/2015. (DGC, nvo)
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Filing 14
ORDER granting 405 Motion to Transfer Related Case in case 2:12-cv-00555-DGC; granting #13 Motion to Transfer Related Case in case 2:15-cv-01156-ROS. Case No. CV15-1156 PHX ROS, Maverick Fund, LDC v. First Solar, Inc., is transferred to this Court for further proceedings. All further pleadings/papers should now list the following complete case number: CV-15-1156 PHX DGC. Signed by Judge David G Campbell on 11/3/15. (Associated Cases: 2:12-cv-00555-DGC, 2:15-cv-01156-ROS) (KGM)
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| Filing 13 MOTION to Transfer Related Case by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Text of Proposed Order) (Associated Cases: CV-12-00555-PHX-DGC, CV-15-01156-ROS) (Besirof, Philip) |
| Filing 12 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint . (Attachments: #1 Text of Proposed Order First Request)(Roth, Joseph) |
| Filing 11 Corporate Disclosure Statement by First Solar Incorporated identifying Corporate Parent First Solar Incorporated for First Solar Incorporated. (Roth, Joseph) |
| Filing 10 *NOTICE of Appearance by Joseph Nathaniel Roth on behalf of Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Roth, Joseph) *Modified to add attorney Maureen Beyers for defendants on 10/22/2015 (KGM). |
| Filing 9 NOTICE of Attorney Withdrawal of J. James Christian filed by Richard Glenn Himelrick. (Himelrick, Richard) |
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Filing 8
ORDER pursuant to General Order 09-08 granting #6 Motion for Admission Pro Hac Vice; granting #7 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| PRO HAC VICE FEE PAID. $ 35, receipt number PHX160781 as to David A Thorpe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| PRO HAC VICE FEE PAID. $ 35, receipt number PHX160782 as to Matthew P Siben. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 7 MOTION for Admission Pro Hac Vice as to attorney Matthew P Siben on behalf of plaintiffs Maverick Fund II Limited, Maverick Fund LDC, Maverick Fund USA Limited, Maverick Long Enhanced Fund Limited, Maverick Long Fund Limited, Maverick Neutral Fund Limited, and Maverick Neutral Levered Fund Limited. (BAS) |
| Filing 6 MOTION for Admission Pro Hac Vice as to attorney David A Thorpe on behalf of plaintiffs Maverick Fund LDC, Maverick Fund USA Limited, Maverick Long Enhanced Fund Limited, Maverick Long Fund Limited, Maverick Neutral Fund Limited, and Maverick Neutral Levered Fund Limited. (BAS) |
| Filing 5 Corporate Disclosure Statement by Maverick Fund II Limited, Maverick Fund LDC, Maverick Fund USA Limited, Maverick Long Enhanced Fund Limited, Maverick Long Fund Limited, Maverick Neutral Fund Limited, Maverick Neutral Levered Fund Limited. (ACL) |
| Filing 4 Summons Issued as to All Defendants. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons) (ACL) *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 Filing fee paid, receipt number 0970-11820212. This case has been assigned to the Honorable Roslyn O. Silver. All future pleadings or documents should bear the correct case number: CV-15-1156-PHX-ROS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ACL) |
| Filing 2 SUMMONS Submitted by Plaintiffs. (submitted by Richard Himelrick) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons) (ACL) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-11820212 filed by Maverick Long Fund Limited, Maverick Fund II Limited, Maverick Long Enhanced Fund Limited, Maverick Fund USA Limited, Maverick Fund LDC, Maverick Neutral Fund Limited, Maverick Neutral Levered Fund Limited. (submitted by Richard Himelrick) (Attachments: #1 Civil Cover Sheet, #2 Exhibit) (ACL) |
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