SUSQUEHANNA COMMERCIAL FINANCE, INC. v. WESTSIDE TMS CENTER, LLC et al
Susquehanna Commercial Finance Inc, WILLIAM STUBBEMAN and BRAIN INNOVATIONS TMS CENTERS, INC. |
WESTSIDE TMS CENTER, LLC, PETER LINNETT, KW MANAGEMENT ENTERPRISES, LLC and BRAIN STIMULATION CENTER, LLC |
2:2013cv01422 |
February 27, 2013 |
US District Court for the Central District of California |
Jacqueline Chooljian |
Stephen V Wilson |
Contract: Other |
28 U.S.C. § 1332 Diversity-Other Contract |
None |
Docket Report
This docket was last retrieved on November 14, 2013. A more recent docket listing may be available from PACER.
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Filing 61 SATISFACTION OF JUDGMENT re Judgment,, #55 entered In favor of BRAIN INNOVATIONS TMS CENTERS, INC. Against BRAIN STIMULATION CENTER, LLC, In favor of WILLIAM STUBBEMAN Against BRAIN STIMULATION CENTER, LLC, In favor of WILLIAM STUBBEMAN Against WESTSIDE TMS CENTER, LLC, In favor of BRAIN INNOVATIONS TMS CENTERS, INC. Against WESTSIDE TMS CENTER, LLC filed by Plaintiffs BRAIN INNOVATIONS TMS CENTERS, INC., WILLIAM STUBBEMAN. (Sanai, Cyrus) |
Filing 60 FINAL JUDGMENT by Judge Stephen V. Wilson, #59 The Court, pursuant to the stipulation of the parties dated October 1, 2013, hereby dismisses withprejudice all claims by Plaintiffs William Stubbeman and Brain Innovcations TMS Centers, Inc., against Defendants Peter Linnett and KW Management Enterprises, LLC. None of such Plaintiffs and Defendants shall receive costs or attorneys fees.The Judgment entered by this Court on August 14, 2013 is not affected by the aforementioned stipulation. With all claims among all parties having been resolved, this constitutes final judgment in this action. (MD JS-6, Case Terminated). (pj) |
Filing 59 REQUEST to Dismiss Case filed by plaintiffs BRAIN INNOVATIONS TMS CENTERS, INC., WILLIAM STUBBEMAN. (Attachments: #1 Proposed Order Proposed Judgment)(Sanai, Cyrus) |
Filing 58 MINUTES OF STATUS CONFERENCE re JURY TRIAL held before Judge Stephen V. Wilson. Status conference held. The Court is advised that the matter is settled. The Court is further advised that the parties need up to and including October 1, 2013 to finalize the settlement. The Courtgrants a continuance of the trial to October 22, 2013 at 9:00 a.m. The parties waiver of jury is placed on the record. Court Reporter: Anne Kielwasser. (See order or details.) (kti) |
Filing 57 MINUTES OF Pretrial Conference held before Judge Stephen V. Wilson. Status conference held. The matter to proceed to trial as set on August 20, 2013. Court Reporter: Anne Kielwasser. (kti) |
Filing 56 SCHEDULING NOTICE by Judge Stephen V. Wilson: The Pretrial Conference previously scheduled for 08/19/2013 at 3:00 PM has been rescheduled to 8/19/2013 at 1:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
Filing 55 ORDER AND JUDGMENT by Judge Stephen V. Wilson: The Court, determining that there is no just reason for delay, hereby enters a separate judgment pursuant to Federal Rule of Civil Procedure 54(b) in favor of Plaintiffs, William Stubbeman and Brain Innovations TMS Centers, Inc., and against Defendant, Brain Stimulation Center LLC a/k/a Westside TMS Center, LLC, in the amount of $22,500.00, inclusive of costs, plus attorney's fees in the amount of $6,938.70, for a total of $29,438,70. (gk) |
Filing 54 NOTICE OF NON-OPPOSITION Status Conference, Set/Reset Hearing,, #52 , Notice of Lodging #47 filed by Plaintiffs BRAIN INNOVATIONS TMS CENTERS, INC., WILLIAM STUBBEMAN. (Sanai, Cyrus) |
Filing 53 CIVIL TRIAL PREPARATION ORDER by Judge Stephen V. Wilson. The above-mentioned cause of action is set for trial before the Honorable Stephen V. Wilson. Counsel preparing for trial before this Court shall comply with this Order. Non-compliance will be subject to sanctions. (See order for details.) (kti) |
Filing 52 MINUTES OF NEW CASE STATUS CONFERENCE held before Judge Stephen V. Wilson. Status conference held. The Court sets the following dates: Pretrial Conference on August 19, 2013 at 3:00 p.m. Jury Trial on August 20, 2013 at 9:00 a.m. The Court grants leave for defendant to file his opposition to the entry of judgment, no later than April 29, 2013. Reply shall be filed no later than May 6, 2013. Court Reporter: N/A. (kti) |
Filing 51 ORDER by Judge Stephen V. Wilson: granting #50 Request to Substitute Attorney. Joel Farkas instead of Attorney Gary Schafkopf terminated (pj) |
Filing 50 REQUEST to Substitute attorney Joel Farkas in place of attorney Gary Schafkopf filed by Defendant KW MANAGEMENT ENTERPRISES, LLC, PETER LINNETT. (pj) |
Filing 49 SCHEDULING NOTICE by Judge Stephen V. Wilson: The Status Conference previously scheduled for 04/15/2013 at 3:00 PM has been rescheduled to 4/15/2013 at 1:45 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(pc) TEXT ONLY ENTRY |
Filing 48 TEXT ONLY ENTRY - IN CHAMBERS by Judge Stephen V. Wilson. On the Court's own motion, a Status Conference is set for April 15, 2013 at 3:00 P.M. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY |
Filing 47 NOTICE OF LODGING filed as an Amendment to Docket No. 46 and Request for Entry of Separate Judgment re Order on Motion for Judgment,,, #39 , Notice of Lodging #46 (Attachments: #1 Proposed Order Proposed JUDGMENT)(Sanai, Cyrus) |
Filing 46 NOTICE OF LODGING filed Request to Enter Separate Judgment re Order on Motion for Judgment,,, #39 (Attachments: #1 Proposed Order Proposed JUDGMENT)(Sanai, Cyrus) |
Filing 45 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Stephen V. Wilson: granting #43 William Stubbeman and Brain Innovations TMS Centers,Inc., Plaintiffs Request to Substitute Attorney Cyrus Sanai instead of Attorney Barbara Lanza Farley terminated (pj) |
Filing 44 NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc) |
Filing 43 REQUEST to Substitute attorney Cyrus Sanai in place of attorney Barbara Farley filed by Plaintiffs BRAIN INNOVATIONS TMS CENTERS, INC., BRAIN STIMULATION CENTER, LLC, BRAIN STIMULATION CENTER, LLC, WILLIAM STUBBEMAN. Request set for hearing on 3/4/2013 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Proposed Order)(Sanai, Cyrus) |
Filing 42 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Gary Schafkopf for Defendants KW MANAGEMENT ENTERPRISES, LLC, PETER LINNETT. Your Pro Hac Vice application has not been received by the court. Please return you completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (ghap) |
Filing 41 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 2:12-CV-05343-JP from USDC, Eastern District of Pennsylvania at Philadelphia. The above-referenced case has been transferred to this district and assigned the Civil Case Number: CV 13-1422 SVW (JCx). (ghap) |
Filing 40 ORIGINAL file, certified copy of transfer order and docket sheet received from Pennsylvania Eastern |
Filing 39 ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF, WILLIAM SUBBEMAN AND BRAIN INNOVATIONS TMS CENTERS, INC., AND AGAINST DEFT, BRAIN STIMULATION CENTER LLC A/K/A WESTSIDE TMS CENTER, LLC IN THE TOTAL AMOUNT OF $29,438.70. PLAINTIFF'S APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFT WESTSIDE TMS CENTER, LLC (DOC. #22) IS DISMISSED AS MOOT. THE COUNTERCLAIM ASSERTED BY DEFTS PETER LINNETT AND KW MANAGEMENT ENTERPRISES, LCC IS DISMISSED WITHOUT PREJUDICE. THIS ACTION IS TRANSFERRED TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED ON THE DOCKET. SIGNED BY HONORABLE JOHN R. PADOVA ON 2/21/2013. 2/22/2013 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(tomg, ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 38 Minute Entry for proceedings held before HONORABLE JOHN R. PADOVA: Telephone Conference held on 2/14/13 (jl, ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 37 NOTICE of Withdrawal of Appearance by MATTHEW B. WEISBERG on behalf of KW MANAGEMENT ENTERPRISES, LLC, PETER LINNETT with Certificate of Service.(WEISBERG, MATTHEW) Modified on 2/12/2013 (ahf, ). [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 36 Minute Entry for proceedings held before HONORABLE JOHN R. PADOVA: REQUEST FOR DEFAULT HEARING held on 1/23/2013. Court Reporter: MICHAEL BECK. (tomg, ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 35 Minute Entry for proceedings held before HONORABLE JOHN R. PADOVA: Preliminary Pretrial Conference held on 1/23/2013. (tomg, ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 34 Disclosure by KW MANAGEMENT ENTERPRISES, LLC, PETER LINNETT.(SCHAFKOPF, GARY) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 33 ANSWER AND AFFIRMATIVE DEFENSES to #1 Complaint, and COUNTERCLAIM against WILLIAM STUBBEMAN AND BRAIN INNOVATIONS TMS CENTERS, INC. by KW MANAGEMENT ENTERPRISES, LLC, AND PETER LINNETT.(kp, ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 32 ORDER THAT THE MOTION TO SET ASIDE DEFAULT IS HEREBY GRANTED. THE CLERK SHALL ENTER DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES ATTACHED TO THE MOTION AS EXHIBIT B. SIGNED BY HONORABLE JOHN R. PADOVA ON 1/16/2013. 1/17/2013 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(kp, ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 31 NOTICE of Appearance by MATTHEW B. WEISBERG on behalf of KW MANAGEMENT ENTERPRISES, LLC, PETER LINNETT with Jury Demand and Certificate of Service(WEISBERG, MATTHEW) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 30 NOTICE of Hearing: HEARING ON REQUEST FOR DEFAULT JUDGMENT SET FOR 1/23/2013 10:00 AM IN COURTROOM 17B BEFORE HONORABLE JOHN R. PADOVA.(gk, ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 29 ORDER THAT THE ORDER DATED 1/15/2013 DISMISSING THIS ACTION IS VACATED. SIGNED BY HONORABLE JOHN R. PADOVA ON 1/16/2013. 1/16/2013 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(tomg, ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 28 ORDER THAT THIS ACTION IS DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION. SIGNED BY HONORABLE JOHN R. PADOVA ON 1/15/2013. 1/15/2013 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(tomg, ) Modified on 1/17/2013 (afm, ). (VACATED PER ORDER #29 ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 27 Disclosure by WILLIAM STUBBEMAN.(FARLEY, BARBARA) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 26 ORDER THAT PLAINTIFFS' MOTION FOR LEAVE OF COURT TO FILE REPLY BRIEF (DOC. #24) IS DISMISSED. SIGNED BY HONORABLE JOHN R. PADOVA ON 1/10/2013.1/10/2013 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(tomg, ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 25 RESPONSE to Motion re #18 First MOTION to Set Aside Default Judgment Reply Brief, Exhibits, Order filed by WILLIAM STUBBEMAN. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(FARLEY, BARBARA) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 24 MOTION for Leave to File Brief filed by WILLIAM STUBBEMAN.Brief. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit D)(FARLEY, BARBARA) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 23 REPLY to Response to Motion re #18 First MOTION to Set Aside Default Judgment filed by WILLIAM STUBBEMAN. (FARLEY, BARBARA) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 22 Request for Default Judgment WILLIAM STUBBEMAN against BRAIN STIMULATION CENTER, LLC. (FARLEY, BARBARA) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 21 ORDER THAT THE MOTION TO AMEND CASE CAPTION (DOC. NO. 20) IS GRANTED; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 12/21/2012. 12/21/2012 ENTERED AND COPIES E-MAILED; AND MAILED TO UNREP. (ems) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 20 MOTION to Substitute Party filed by BRAIN INNOVATIONS TMS CENTERS, INC..Certificate of Service, Order.(FARLEY, BARBARA) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 19 CERTIFICATE OF SERVICE by PETER LINNETT (SCHAFKOPF, GARY) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 18 First MOTION to Set Aside Default Judgment filed by PETER LINNETT.Memorandum. (Attachments: #1 Memorandum, #2 Exhibit)(SCHAFKOPF, GARY) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Disclosure Statement Form pursuant to FRCP 7.1 by BRAIN INNOVATIONS TMS CENTERS, INC. (SEE PAPER #17 FOR ATTACHMENT)(eibo, ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 17 Statement Disclosure Statement Form by BRAIN INNOVATIONS TMS CENTERS, INC.. (FARLEY, BARBARA) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 16 Disclosure Statement Form pursuant to FRCP 7.1 by KW MANAGEMENT ENTERPRISES, LLC.(eibo, ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 15 NOTICE of Hearing:PRELIMINARY PRETRIAL CONFERENCE SET FOR 1/23/2013 10:00 AM IN JUDGE CHAMBERS BEFORE HONORABLE JOHN R. PADOVA. (Attachments: #1 Scheduling Information Report, #2 Letter to Counsel)(gk, ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 14 NOTICE of Appearance by GARY SCHAFKOPF on behalf of KW MANAGEMENT ENTERPRISES, LLC, KW MANAGEMENT ENTERPRISES, LLC, PETER LINNETT (SCHAFKOPF, GARY) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Copy of Notice dated 11/29/2012 and envelope returned from the U.S. Postal Service addressed to BARBARA LANZA FARLEY for the following reason: Returned to Sender. Attempted - Not Known. Unable to Forward. (ems) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 13 ORDER THAT THE MOTION (DOC. #11) IS GRANTED. WILLIAM STUBBEMAN AND BRAIN INNOVATIONS TMS CENTERS, INC. ARE SUBSTITUTED AS PLAINTIFFS IN THIS ACTION FOR SUSQUEHANNA COMMERCIAL FINANCE, INC. AND THE CAPTION OF THIS CASE IS HEREBY AMENDED TO ADD WILLIAM STUBBEMAN AND BRAIN INNOVATIONS TMS CENTERS, INC. AS PLAINTIFFS AND TO DELETE SUSQUEHANNA COMMERCIAL FINANCE, INC. AS PLAINTIFF. SIGNED BY HONORABLE JOHN R. PADOVA ON 12/3/2012. 12/4/2012 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(tomg, ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 12 MOTION to Amend/Correct Caption filed by WILLIAM STUBBEMAN.Certificate of Service.(FARLEY, BARBARA). (FILED IN ERROR BY ATTORNEY; DUPLICATE ENTRY TO DOC. NO. 11). Modified on 11/29/2012 (ahf, ). [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 11 MOTION to Amend/Correct #1 Complaint, Caption filed by BRAIN INNOVATIONS TMS CENTERS, INC. & WILLIAM STUBBEMAN, Certificate of Service.(FARLEY, BARBARA) Modified on 11/29/2012 (ahf, ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 10 NOTICE of Appearance by BARBARA LANZA FARLEY on behalf of SUSQUEHANNA COMMERCIAL FINANCE, INC. (FARLEY, BARBARA). (FILED IN ERROR BY ATTORNEY; DUPLICATE ENTRY TO DOC. NO. 9). Modified on 11/29/2012 (ahf, ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 9 NOTICE of Appearance by BARBARA LANZA FARLEY on behalf of SUSQUEHANNA COMMERICAL FINANCE, INC. (FARLEY, BARBARA) Modified on 11/29/2012 (ahf, ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 8 NOTICE of Withdrawal of Appearance by BRIAN C. ENGELHARDT on behalf of SUSQUEHANNA COMMERCIAL FINANCE, INC. (Attachments: #1 Certificate of Service Certificate of Service of Notice of Withdrawal)(ENGELHARDT, BRIAN) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
DEFAULT BY PETER LINNETT, WESTSIDE TMS CENTER, LLC FOR FAILURE TO APPEAR, PLEAD OR OTHERWISE DEFEND. (tomg, ) Modified on 1/18/2013 (afm, ). (DEFAULT SET ASIDE PER ORDER #32 ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Default Entered (tomg, ) Modified on 1/18/2013 (afm, ). (DEFAULT SET ASIDE PER ORDER #32 ) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 7 Request for Default in favor of Plaintiff SUSQUEHANNA COMMERCIAL FINANCE, INC. against PETER LINNETT, WESTSIDE TMS CENTER, LLC. (Attachments: #1 Declaration Declaration of Brian C. Engelhardt, Esq. for Entry of Default, #2 Certificate of Service Certificate of Service)(ENGELHARDT, BRIAN) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 6 AFFIDAVIT of Service by R. Lustig re: served Summons and Complaint upon Westside TMS Center, LLC by Service upon Michael Hackman, Authorized Agent, by service upon Andy Michelson, person in charge of place of business on 09-28-2012 (ENGELHARDT, BRIAN) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 5 AFFIDAVIT of Service by R. Lustig re: served Complaint and Summons upon Peter Linnett by Service made upon Andy Michelson, Person in Charge of Peter Linnett's Place of Business and Employment on 09-28-2012 (ENGELHARDT, BRIAN) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 4 CERTIFICATE OF SERVICE by SUSQUEHANNA COMMERCIAL FINANCE, INC. re #3 Notice of Voluntary Dismissal, As to Dismissal of Defendants William Stubbeman and Brain Innovations TMS Centers, Inc., only (and not as to Defendants Westside TMS Center, LLC, Peter Linnett, or KMS Management Enterprises, LLC) (ENGELHARDT, BRIAN) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 3 NOTICE of Voluntary Dismissal by SUSQUEHANNA COMMERCIAL FINANCE, INC. As To Defendants William Stubbeman and Brain Innovations TMS Centers, Inc. Only (And Not as to Defendants Westside TMS Center, LLC, Peter Linnett, or KW Management Enterprises, LLC.)(ENGELHARDT, BRIAN) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 including Susquehanna Bancshares, Inc. by SUSQUEHANNA COMMERCIAL FINANCE, INC..(rt) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Filing 1 COMPLAINT against BRAIN INNOVATIONS TMS CENTERS, INC., KW MANAGEMENT ENTERPRISES, LLC, PETER LINNETT, WILLIAM STUBBEMAN, WESTSIDE TMS CENTER, LLC ( Filing fee $ 350 receipt number 069650.), filed by SUSQUEHANNA COMMERCIAL FINANCE, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Civil Cover Sheet, #8 Case Management Track Form, #9 Designation Form)(rt) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
Summons Issued as to BRAIN INNOVATIONS TMS CENTERS, INC., KW MANAGEMENT ENTERPRISES, LLC, PETER LINNETT, WILLIAM STUBBEMAN, WESTSIDE TMS CENTER, LLC. Five Forwarded To: Counsel on September 18, 2012 (rt) [Transferred from Pennsylvania Eastern on 2/27/2013.] |
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