Frank Reginald Brown IV v. Snapchat Inc et al
| Frank Reginald Brown, IV |
| Snapchat Inc, Toyopa Group LLC, Evan Thomas Spiegel, Robert Cornelius Murphy, Lightspeed Venture Partners IX LP, Benchmark Capital Partners VII LP, Institutional Venture Partners XIV LP, General Catalyst Groupp VI LP, GC&H Investments LLC, SV Angel IV LP, SF Growth Fund, THL A17 Limited and Does 1 through 25 inclusive |
| 2:2013cv08569 |
| November 20, 2013 |
| US District Court for the Central District of California |
| R Gary Klausner |
| Alicia G Rosenberg |
| Copyright |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 50 TRANSCRIPT ORDER Court Smart (CS). Hearing Date: 1/21/14. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (ha) |
| Filing 49 Receipt of Acknowledgment of documents received at LA Superior Court, Central District, at Stanley Mosk Courthouse on 3/3/14. (lom) |
| Filing 48 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (Attachments: #1 Order & Transmittal Letter) (shb) |
| Filing 47 Receipt of case remanded to Los Angeles Superior Court received on February 6 By A Hendrickson (shb) |
| Filing 46 TRANSCRIPT ORDER as to Defendant Snapchat Inc Court Smart (CS). Court will contact Joseph Sarles at josephsarles@quinnemanuel.com with any questions regarding this order. Transcript portion requested: Other: 1/21/2014. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Sarles, Joseph) |
| Filing 45 NOTICE OF FILING TRANSCRIPT filed for proceedings 1/21/14 2:56 p.m. re Transcript #44 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY |
| Filing 44 TRANSCRIPT for proceedings held on 1/21/14 2:56 p.m.. Court Reporter/Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/7/2014. Redacted Transcript Deadline set for 3/17/2014. Release of Transcript Restriction set for 5/15/2014. (ha) |
| Filing 43 TRANSCRIPT ORDER as to Plaintiff Frank Reginald Brown, IV Court Smart (CS). Court will contact Lynette Suksnguan at lynette.suksnguan@ltlattorneys.com with any questions regarding this order. Transcript portion requested: Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Tran, Kinh-Luan) |
Filing 42
MINUTES (IN CHAMBERS): Order re: Plaintiff's Motion to Remand #23 ; Defendants' Motion to Dismiss #18 , #20 by Judge R. Gary Klausner. For the foregoing reasons, the Court GRANTS Plaintiff's Motion for Remand and DENIES Plaintiff's Request for Award of Attorneys Fees and Costs. The Court DENIES as moot Venture Capitalist Defendants' Motion to Dismiss and Individual Defendants' Motion to Dismiss. Case Remanded to State Court Case, BC501483. MD JS-6. Case Terminated. (mailed 2/3/14) (Attachments: #1 CV 103) (lom)
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| Filing 41 MINUTES OF Motion Hearing held before Magistrate Judge Alicia G. Rosenberg. FURTHER TELEPHONIC HEARING RE: DEFENDANTS' APPLICATION FOR: (1) TEMPORARY RESTRAINING ORDER; (2) ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION; (3) ORDER TO SHOW CAUSE RE DISCOVERY, CONTEMPT, AND SANCTIONS. The Court and counsel confer as stated on the record. The matter is taken under submission.Court Recorder: CS 1/21/2014. (mp) |
| Filing 40 SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. The Telephone Conference previously scheduled for 1/21/14 1:30 p.m. has been rescheduled to 1/21/2014 03:00 PM. Counsel will call into the conference by calling (213) 894-0800 and using the access codes listed below. Telephonic Conference Access Codes (Please follow the prompts and enter the codes below): Meeting ID: 1112# User Password: 3236#.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jy) TEXT ONLY ENTRY |
| Filing 39 MINUTES OF Telephone Conference held before Magistrate Judge Alicia G. Rosenberg: Court and counsel present, telephonic conference held. The Court sets a further Telephonic Conference for Tuesday, January 21, 2014, at 1:30 p.m. to hear argument on Defendants' Application for: (1) Temporary Restraining Order; (2) Order to Show Cause Re Preliminary Injunction; (3) Order to Show Cause Re Discovery, Contempt, and Sanctions (dkt. 13). Counsel will call into the conference by calling (213) 894-0800 and using the access codes listed below. Telephonic Conference Access Codes (Please follow the prompts and enter the codes below): Meeting ID: 1112# User Password: 3236#. Court Recorder: CS 1/16/14. (jy) |
| Filing 38 SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. The Telephone Conference previously set for 1/16/2014 at 1:30 PM is rescheduled to begin at 2:00 PM on 1/16/2014 before Magistrate Judge Alicia G. Rosenberg. Counsel will call into the conference by calling (213) 894-0800 and using the access codes listed below. Telephonic Conference Access Codes (Please follow the prompts and enter the codes below): Meeting ID: 1112# User Password: 0572#.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jy) TEXT ONLY ENTRY |
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Filing 37
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendants Benchmark Capital Partners VII LP, GC&H Investments LLC, General Catalyst Groupp VI LP, Institutional Venture Partners XIV LP, Lightspeed Venture Partners IX LP, SF Growth Fund, SV Angel IV LP, and THL A17 Limited's Motion to Dismiss Case #18 ; Defendants Robert Cornelius Murphy and Evan Thomas Spiegel's Motion to Dismiss Case #20 ; and Plaintiff's Motion to Remand Case to Los Angeles Superior Court #23 , noticed for hearing on January 21, 2014, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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Filing 36
ORDER by Judge R. Gary Klausner: denying #33 Ex Parte Application for Leave to File Surreply to Motion to Remand (shb)
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| Filing 35 OPPOSITION re: EX PARTE APPLICATION for Leave to File Surreply in Opposition to Plaintiff's Motion for Remand #33 filed by Plaintiff Frank Reginald Brown, IV. (Tran, Kinh-Luan) |
| Filing 34 DISCLOSURE Statement filed by Defendants Robert Cornelius Murphy, Snapchat Inc, Evan Thomas Spiegel, Toyopa Group LLC (Stoddard, Jessica) |
| Filing 33 EX PARTE APPLICATION for Leave to File Surreply in Opposition to Plaintiff's Motion for Remand filed by Defendants Robert Cornelius Murphy, Evan Thomas Spiegel. (Attachments: #1 Proposed Order)(Stoddard, Jessica) |
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Filing 32
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alicia G. Rosenberg: The Court sets this matter for a Telephonic Conference on Thursday, January 16, 2014, at 1:30 p.m. Counsel will call into the conference by calling (213) 894-0800 and using the access codes listed below. Telephonic Conference Access Codes (Please follow the prompts and enter the codes below): Meeting ID: 1112# User Password: 0572#. (jy)
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| Filing 31 REPLY in Support of MOTION to Remand Case to Los Angeles Superior Court - Stanley Mosk Courthouse #23 filed by Plaintiff Frank Reginald Brown, IV. (Attachments: #1 Request for Judicial Notice ISO Reply, #2 Declaration ISO Request for Judicial Notice)(Tran, Kinh-Luan) |
| Filing 30 REPLY in support of MOTION to Dismiss Case #20 filed by Defendants Robert Cornelius Murphy, Evan Thomas Spiegel. (Stoddard, Jessica) |
| Filing 29 REPLY in Support of MOTION to Dismiss Case #18 filed by Defendants Benchmark Capital Partners VII LP, GC&H Investments LLC, General Catalyst Groupp VI LP, Institutional Venture Partners XIV LP, Lightspeed Venture Partners IX LP, SF Growth Fund, SV Angel IV LP, THL A17 Limited. (Tangri, Ragesh) |
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Filing 28
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. A scheduling conference has been placed on calendar for March 10, 2014 at 9:00 a.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). Trial counsel must be present and there are no telephonic appearances. Counsel are ordered to file a joint statement providing a brief factual summary of the case, including the claims being asserted. The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P. 26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. Plaintiffs counsel is directed to give notice of the scheduling conference to all parties that have appeared in this action, and is further directed to give notice of the scheduling conference immediately to each party that makes an initial appearance in the action after this date. Not later than 5 court days prior to the Scheduling Conference, counsel are ordered to confer and electronically file (joint) Form ADR-1 (and proposed order, Form ADR 12), selecting one of the three settlement options available. (sw)
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| Filing 27 MEMORANDUM in Opposition to MOTION to Remand Case to Los Angeles Superior Court - Stanley Mosk Courthouse #23 filed by Defendants Robert Cornelius Murphy, Evan Thomas Spiegel. (Attachments: #1 Declaration of Jessica L. Stoddard, #2 Exhibit A to Stoddard Decl., #3 Request for Judicial Notice, #4 Proposed Order Denying Remand)(Stoddard, Jessica) |
| Filing 26 OPPOSITION re: MOTION to Dismiss Case #20 ; Proposed Order filed by Plaintiff Frank Reginald Brown, IV. (Attachments: #1 Proposed Order)(Tran, Kinh-Luan) |
| Filing 25 MEMORANDUM in Opposition to MOTION to Remand Case to Los Angeles Superior Court - Stanley Mosk Courthouse #23 Investor Defendants' Opposition to Plaintiff's Motion for Remand; Request for Award of Attorney's Fees and Costs filed by Defendants Benchmark Capital Partners VII LP, GC&H Investments LLC, General Catalyst Groupp VI LP, Institutional Venture Partners XIV LP, Lightspeed Venture Partners IX LP, SF Growth Fund, SV Angel IV LP, THL A17 Limited. (Attachments: #1 Proposed Order)(Tangri, Ragesh) |
| Filing 24 OPPOSITION re: MOTION to Dismiss Case #18 ; Proposed Order filed by Plaintiff Frank Reginald Brown, IV. (Attachments: #1 Proposed Order)(Tran, Kinh-Luan) |
| Filing 23 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court - Stanley Mosk Courthouse filed by Plaintiff Frank Reginald Brown, IV. Motion set for hearing on 1/21/2014 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of K. Luan Tran, #2 Proposed Order)(Tran, Kinh-Luan) |
| Filing 22 CERTIFICATE and NOTICE of Interested Parties filed by Plaintiff Frank Reginald Brown, IV, identifying Frank Reginald Brown. (Tran, Kinh-Luan) |
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Filing 21
ORDER by Judge R. Gary Klausner: the following document be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Notice of Motion #19 , for the following reasons: Local Rule 7.1-1 No Certificate of Interested Parties and/or no copies. (ir)
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| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Robert Cornelius Murphy, Evan Thomas Spiegel. Motion set for hearing on 1/21/2014 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of Jessica L. Stoddard, #2 Exhibit 1 to Stoddard Declaration, #3 Proposed Order)(Attorney Jessica L Stoddard added to party Robert Cornelius Murphy(pty:dft), Attorney Jessica L Stoddard added to party Evan Thomas Spiegel(pty:dft))(Stoddard, Jessica) |
| Filing 19 **STRICKEN PURSUANT TO ORDER 12/17/13**NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court - Stanley Mosk Courthouse filed by Plaintiff Frank Reginald Brown, IV. Motion set for hearing on 1/21/2014 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration Declaration of K. Luan Tran in support of Motion to Remand, #2 Proposed Order)(Tran, Kinh-Luan) Modified on 12/17/2013 (ir). |
| Filing 18 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Benchmark Capital Partners VII LP, GC&H Investments LLC, General Catalyst Groupp VI LP, Institutional Venture Partners XIV LP, Lightspeed Venture Partners IX LP, SF Growth Fund, SV Angel IV LP, THL A17 Limited. Motion set for hearing on 1/21/2014 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum in Support of Defendants' Motion to Dismiss Plaintiff's First Amended Complaint, #2 Declaration of Ragesh K. Tangri in Support of Defendants' Motion to Dismiss Plaintiff's First Amended Complaint, #3 Exhibit 1 to Tangri Declaration, #4 Exhibit 2 to Tangri Declaration, #5 Exhibit 3 to Tangri Declaration, #6 Proposed Order Granting Defendants' Motion to Dismiss Plaintiff's First Amended Complaint)(Tangri, Ragesh) |
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Filing 17
MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: re: APPLICATION for Temporary Restraining Order as to Violations of the Protective Order and Order to Show Cause Re Discovery and Sanctions Application #13 . The matter is referred to Magistrate Judge Alicia G. Rosenberg. (rne)
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| Filing 16 REPLY in Support of APPLICATION for Temporary Restraining Order as to Violations of the Protective Order and Order to Show Cause Re Discovery and Sanctions Application #13 filed by Defendants Robert Cornelius Murphy, Snapchat Inc, Evan Thomas Spiegel. (Attachments: #1 Declaration of Bruce E. Van Dalsem, #2 Declaration of Joseph C. Sarles)(Sarles, Joseph) |
| Filing 15 OPPOSITION re: APPLICATION for Temporary Restraining Order as to Violations of the Protective Order and Order to Show Cause Re Discovery and Sanctions Application #13 filed by Plaintiff Frank Reginald Brown, IV. (Attachments: #1 Declaration of K. Luan Tran, #2 Request for Judicial Notice, #3 Proposed Order)(Tran, Kinh-Luan) |
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Filing 14
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Suzanne H. Segal. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07 and General Order 08-05. Case randomly reassigned from Magistrate Judge Suzanne H. Segal to Magistrate Judge Alicia G. Rosenberg for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 13-08569 RGK(AGRx). (rn)
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| Filing 13 APPLICATION for Temporary Restraining Order as to Violations of the Protective Order and Order to Show Cause Re Discovery and Sanctions Application filed by Defendants Robert Cornelius Murphy, Snapchat Inc, Evan Thomas Spiegel. (Attachments: #1 Declaration of Bruce Van Dalsem, #2 Exhibit Exhibits A-M to the Declaration of Bruce Van Dalsem, #3 Proposed Order, #4 Proposed Order)(Sarles, Joseph) |
| Filing 12 NOTICE of Appearance filed by attorney Alex Feerst on behalf of Defendants Benchmark Capital Partners VII LP, GC&H Investments LLC, General Catalyst Groupp VI LP, Institutional Venture Partners XIV LP, Lightspeed Venture Partners IX LP, SF Growth Fund, SV Angel IV LP, THL A17 Limited (Attorney Alex Feerst added to party Benchmark Capital Partners VII LP(pty:dft), Attorney Alex Feerst added to party GC&H Investments LLC(pty:dft), Attorney Alex Feerst added to party General Catalyst Groupp VI LP(pty:dft), Attorney Alex Feerst added to party Institutional Venture Partners XIV LP(pty:dft), Attorney Alex Feerst added to party Lightspeed Venture Partners IX LP(pty:dft), Attorney Alex Feerst added to party SF Growth Fund(pty:dft), Attorney Alex Feerst added to party SV Angel IV LP(pty:dft), Attorney Alex Feerst added to party THL A17 Limited(pty:dft))(Feerst, Alex) |
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Filing 11
ORDER RE: BRIEFING SCHEDULING by Judge R. Gary Klausner. IT IS HEREBY ORDERED that the stipulation is GRANTED #9 . Plaintiff's Motion to Remand; Defendants' Motion to Dismiss - Moving Paper Due Date December 16, 2013; Opposition Due Date December 30, 2013; Reply Due Date January 7, 2014; Hearing Date January 21, 2014. (lom)
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| Filing 10 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Robert Cornelius Murphy, Snapchat Inc, Evan Thomas Spiegel, Toyopa Group LLC. (Stoddard, Jessica) |
| Filing 9 STIPULATION for Order re: Briefing Scheduling filed by Plaintiff Frank Reginald Brown, IV. (Attachments: #1 Proposed Order re: Briefing Schedule)(Tran, Kinh-Luan) |
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Filing 7
NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Judge R. Gary Klausner is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents must be submitted via e-mail to the Judge's Chambers email at RGK_chambers@cacd.uscourts.gov. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 4 NOTICE of Standing Order filed by Defendants Robert Cornelius Murphy, Evan Thomas Spiegel. Notice and Service of Standing Order (Attachments: #1 Exhibit 1: Standing Order)(Stoddard, Jessica) |
| Filing 3 CERTIFICATE OF SERVICE filed by Defendant Benchmark Capital Partners VII LP, GC&H Investments LLC, General Catalyst Groupp VI LP, Institutional Venture Partners XIV LP, Lightspeed Venture Partners IX LP, Robert Cornelius Murphy, SF Growth Fund, SV Angel IV LP, Evan Thomas Spiegel, THL A17 Limited, Certificate of Service of Notice of Removal to Federal Court served on November 20, 2013. (Attachments: #1 Exhibit A: Notice to Clerk of State Court, #2 Exhibit B: Notice to Adverse Party)(Stoddard, Jessica) |
| Filing 8 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (et) |
| Filing 6 CERTIFICATE OF SERVICE filed by Defendants Benchmark Capital Partners VII LP, GC&H Investments LLC, General Catalyst Groupp VI LP, Institutional Venture Partners XIV LP, Lightspeed Venture Partners IX LP, Robert Cornelius Murphy, SF Growth Fund, SV Angel IV LP, Snapchat Inc, Evan Thomas Spiegel, THL A17 Limited, Toyopa Group LLC, re Notice of Removal Part 2 of 2 #2 , Notice of Removal Part 1 of 2, #1 , Certificate/Notice of Interested Parties, #5 and civil cover sheet served on 11/20/2013. (et) (mg). |
| Filing 5 NOTICE of Interested Parties filed by Defendants Benchmark Capital Partners VII LP, GC&H Investments LLC, General Catalyst Groupp VI LP, Institutional Venture Partners XIV LP, Lightspeed Venture Partners IX LP, Robert Cornelius Murphy, SF Growth Fund, SV Angel IV LP, Snapchat Inc, Evan Thomas Spiegel, THL A17 Limited, Toyopa Group LLC, identifying Corporate Parent Tencent Holdings Limited for THL A17 Limited; Corporate Parent St. Francis High School for SF Growth Fund. (et) (mg). |
| Filing 2 NOTICE OF REMOVAL TO FEDERAL COURT [PART 2 of 2] as to Notice of Removal #1 filed by Defendants Benchmark Capital Partners VII LP, GC&H Investments LLC, General Catalyst Groupp VI LP, Institutional Venture Partners XIV LP, Lightspeed Venture Partners IX LP, Robert Cornelius Murphy, SF Growth Fund, SV Angel IV LP, Snapchat Inc, Evan Thomas Spiegel, THL A17 Limited, Toyopa Group LLC. (et) (Additional attachment(s) added on 11/22/2013: #1 Part 2, #2 Part 3) (mg). |
| Filing 1 NOTICE OF REMOVAL from Superior Court of CA for the County of Los Angeles, case number BC501483 with CONFORMED FILED COPY OF copy of summons and complaint.Case assigned to Judge R. Gary Klausner, Discovery to Magistrate Judge Suzanne H Segal. (Filing fee $ 400 PAID. ), filed by Defendants Snapchat Inc, Toyopa Group LLC, General Catalyst Groupp VI LP, Robert Cornelius Murphy, Benchmark Capital Partners VII LP, SF Growth Fund, GC&H Investments LLC, Lightspeed Venture Partners IX LP, THL A17 Limited, SV Angel IV LP, Institutional Venture Partners XIV LP, Evan Thomas Spiegel.(et) [PART 1 of 2] (Additional attachment(s) added on 11/22/2013: #1 Part 2, #2 Part 3) (mg). |
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