ISM Industries, Inc. v. Stearns, Conrad and Schmidt, Consulting Engineers, Inc.
| ISM Industries, Inc. |
| Stearns, Conrad and Schmidt, Consulting Engineers, Inc, Mitchell Energy Services, LLC, Kilgore Industrial Civil, LLC and Stearns, Conrad and Schmidt, Consulting Engineers, Inc doing business as SCS Energy |
| 2:2019cv01134 |
| February 14, 2019 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| John A Kronstadt |
| Ronald SW Lew |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on June 12, 2020. A more recent docket listing may be available from PACER.
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| Filing 50 ANSWER to Counterclaim #44 of Defendant and Counterclaimant Stearns, Conrad and Schmidt, Consulting Engineers, Inc., d/b/a/ SCS Energy filed by Plaintiff and Counter-Defendant ISM Industries, Inc..(Gebelin, Steven) |
| Filing 49 APPLICATION of Non-Resident Attorney James E. Wimberley to Appear Pro Hac Vice on behalf of Counter Defendant ISM Industries, Inc., Plaintiff ISM Industries, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23510743) filed by Plaintiff and Counter-Defendant ISM Industries, Inc.. (Attachments: #1 Proposed Order) (Attorney Steven Thomas Gebelin added to party ISM Industries, Inc.(pty:cd), Attorney Steven Thomas Gebelin added to party ISM Industries, Inc.(pty:pla)) (Gebelin, Steven) |
Filing 48
(IN CHAMBERS) ORDER RE NOTICE OF AMENDED STANDING ORDER by Judge John A. Kronstadt: Counsel are advised that on March 25, 2019, the Court amended its Consolidated Standing Order. Counsel shall refer to this Court's Procedures and Schedules found on the website for the United States District Court (http://www.cacd.uscourts.gov/honorable-john-kronstadt) to obtain a copy of the Order. The March 25, 2019 version of the Consolidated Standing Order is effective in this action immediately. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY
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Filing 47
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John A. Kronstadt: granting #37 , #42 Non-Resident Attorney Steven M Burton APPLICATION to Appear Pro Hac Vice on behalf of Defendant Mitchell Energy Services, LLC, designating E. Scott Holbrook, Jr., as local counsel. (jp)
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Filing 46
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John A. Kronstadt: granting #36 , #40 Non-Resident Attorney Brian K Carroll APPLICATION to Appear Pro Hac Vice on behalf of Defendant Mitchell Energy Services, LLC, designating E. Scott Holbrook, Jr., as local counsel. (jp)
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Filing 45
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VIC by Judge John A. Kronstadt: granting #33 Non-Resident Attorney Stuart C Yoes APPLICATION to Appear Pro Hac Vice on behalf of Defendant Kilgore Industrial Civil, LLC, designating James A Morris, Jr., as local counsel. (jp)
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| Filing 44 COUNTERCLAIM against Counter Defendant ISM Industries, Inc., filed by Defendant Stearns, Conrad and Schmidt, Consulting Engineers, Inc.(de Recat, Craig) |
| Filing 43 ANSWER to Notice of Removal, #1 -- Answer to Complaint filed by Defendant Stearns, Conrad and Schmidt, Consulting Engineers, Inc.(de Recat, Craig) |
| Filing 42 APPLICATION of Non-Resident Attorney Steve M. Burton to Appear Pro Hac Vice on behalf of Defendant Mitchell Energy Services, LLC (Pro Hac Vice Fee - $400.00 Previously Paid on 3/5/2019, Receipt No. 23319119) filed by Defendant Mitchell Energy Services, LLC. (Attachments: #1 Proposed Order [Proposed] Order re Steve M. Burton) (Holbrook, E) |
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Filing 41
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT by Judge John A. Kronstadt: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Answer to Complaint #35 , for the following reasons: The answer and counterclaim shall be filed as a separate document pursuant to the Court's Standing Order. Dkt. 20 at 31. Counsel shall refile the Answer and Counterclaim as two separate documents no later than March 8, 2019. The parties to the Counterclaim shall be added to the docket when it is efiled.; (bp)
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| Filing 40 APPLICATION of Non-Resident Attorney Brian K. Carroll to Appear Pro Hac Vice on behalf of Defendant Mitchell Energy Services, LLC (Pro Hac Vice Fee - $400.00 Previously Paid on 3/5/2019, Receipt No. 23318935) filed by Defendant Mitchell Energy Services, LLC. (Attachments: #1 Proposed Order [Proposed] Order re Brian K. Carroll) (Holbrook, E) |
| Filing 39 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Brian K. Carroll to Appear Pro Hac Vice on behalf of Defendant Mitchell Energy Services, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23318935) #36 , APPLICATION of Non-Resident Attorney Steve M. Burton to Appear Pro Hac Vice on behalf of Defendant Mitchell Energy Services, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23319119) #37 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. (lt) |
| Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint #35 . The following error(s) was/were found: Counterclaim caption not included on document. All initiating pleadings shall be filed as separate document.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bp) |
| Filing 37 APPLICATION of Non-Resident Attorney Steve M. Burton to Appear Pro Hac Vice on behalf of Defendant Mitchell Energy Services, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23319119) filed by Defendant Mitchell Energy Services, LLC. (Holbrook, E) |
| Filing 36 APPLICATION of Non-Resident Attorney Brian K. Carroll to Appear Pro Hac Vice on behalf of Defendant Mitchell Energy Services, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23318935) filed by Defendant Mitchell Energy Services, LLC. (Attorney E Scott Holbrook, Jr added to party Mitchell Energy Services, LLC(pty:dft)) (Holbrook, E) |
| Filing 35 [STRICKEN PURSUANT TO DOCKET ENTRY #41] ANSWER to Notice of Removal, #1 Answer, Affirmative Defenses, and Counterclaim to Plaintiff ISM Industries, Inc.'s Complaint filed by Defendant Stearns, Conrad and Schmidt, Consulting Engineers, Inc.(de Recat, Craig) Modified on 3/7/2019 (bp). |
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Filing 34
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John A. Kronstadt: granting #27 Non-Resident Attorney Christopher D Cazenave APPLICATION to Appear Pro Hac Vice on behalf of Defendant Stearns, Conrad and Schmidt, Consulting Engineers, Inc., designating Craig J de Recat as local counsel. (jp)
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| Filing 33 APPLICATION of Non-Resident Attorney Stuart C. Yoes to Appear Pro Hac Vice on behalf of Defendant Kilgore Industrial Civil, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23295388) filed by Defendant Kilgore Industrial Civil, LLC. (Attachments: #1 Proposed Order) (Attorney James A Morris, Jr added to party Kilgore Industrial Civil, LLC(pty:dft)) (Morris, James) |
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Filing 32
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE UNDER SUBMISSION: NO HEARING by Judge John A. Kronstadt. Joint Report due by 4/19/2019. (SEE ORDER FOR SPECIFICS) (bp)
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| Filing 31 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT. This Order incorporates the Courts: 1. Initial Standing Order for Civil Cases Assigned to Judge John A. Kronstadt (Exhibit A); 2. Initial Standing Order for Patent Cases Assigned to Judge John A. Kronstadt (Exhibit B); 3. Order Setting Rule 16(b)/26(f) Scheduling Conference (Exhibit C); See order for details. (shb) |
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Filing 30
(IN CHAMBERS) ORDER REGARDING TRANSFER OF CASE TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt: This action has been reassigned to the Honorable John A. Kronstadt, United States District Judge. The case number will now read: LA CV19-01134 JAK (JCx). Because all pleadings are routed using the judge's initials, please be sure to use the initials JAK in place of the initials RSWL on all future filings. Judge Kronstadt's Courtroom Deputy Clerk, Andrea Keifer, can be reached at 213.894.2156. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 29
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 16-05. Case randomly reassigned from Judge Ronald S.W. Lew to Judge John A. Kronstadt for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-01134 JAK (JCx). (esa)
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| Filing 28 RESPONSE filed by Pro Hac Vice attorney Amy Kathleen Anderson on behalf of Defendant Stearns, Conrad and Schmidt, Consulting Engineers, Inc. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
| Filing 27 APPLICATION of Non-Resident Attorney Christopher D. Cazenave to Appear Pro Hac Vice on behalf of Defendant Stearns, Conrad and Schmidt, Consulting Engineers, Inc (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23244454) filed by defendants Stearns, Conrad and Schmidt, Consulting Engineers, Inc. (Attachments: #1 Louisiana Certificate of Good Standing, #2 Texas Certificate of Good Standing, #3 Proposed Order) (Attorney Craig J DeRecat added to party Stearns, Conrad and Schmidt, Consulting Engineers, Inc(pty:dft)) (DeRecat, Craig) |
| Filing 26 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Stuart Cooper Yoes. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap) |
| Filing 25 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Steven M Burton. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap) |
| Filing 24 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Brian Keith Carroll. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap) |
| Filing 23 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Amy Kathleen Anderson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap) |
| Filing 22 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Christopher Daniel Cazenave. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap) |
| Filing 21 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney James E Wimberley. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap) |
| Filing 20 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 19 NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge Jacqueline Chooljian. (ghap) |
| Filing 18 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:18-cv-584-MAC, from Eastern District of Texas (Beaumont). The above-referenced case has been transferred to this district and assigned the above civil case number 2:19-cv-1134-RSWL(JCx). (ghap) |
| Filing 17 ORIGINAL file, certified copy of transfer order and docket sheet received from Texas Eastern |
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Filing 16
ORDER TRANSFERRING CASE to the Western Division of the US District Court for the Central District of California. Signed by District Judge Marcia A. Crone on 1/24/19. (tkd, ) [Transferred from Texas Eastern on 2/14/2019.]
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Filing 15
MEMORANDUM ORDER denying #4 Motion to Dismiss and granting #4 Motion to Transfer Venue. The Clerk is ordered to transfer this case to the US District Court for the Central District of California, Western Division. Signed by District Judge Marcia A. Crone on 1/24/19. (tkd, ) [Transferred from Texas Eastern on 2/14/2019.]
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| Filing 14 JOINT RULE 26(f) REPORT by Stearns, Conrad and Schmidt, Consulting Engineers, Inc. (Cazenave, Christopher) Modified on 1/18/2019 (tkd, ). [Transferred from Texas Eastern on 2/14/2019.] |
| NOTICE of Hearing: Scheduling Conference RESET for 2/25/2019 11:30 AM before District Judge Marcia A. Crone. The previous setting is vacated.(jc, ) [Transferred from Texas Eastern on 2/14/2019.] |
| NOTICE of Hearing: Scheduling Conference RESET for 1/23/2019 03:30 PM before District Judge Marcia A. Crone. Setting on 1/17/19 is vacated.(jc, ) [Transferred from Texas Eastern on 2/14/2019.] |
| NOTICE of Hearing: Scheduling Conference RESET for 1/17/2019 10:30 AM before District Judge Marcia A. Crone. The previous setting on 1/23/19 is vacated.(jc, ) [Transferred from Texas Eastern on 2/14/2019.] |
| Filing 13 CORPORATE DISCLOSURE STATEMENT filed by Stearns, Conrad and Schmidt, Consulting Engineers, Inc (Cazenave, Christopher) [Transferred from Texas Eastern on 2/14/2019.] |
| Filing 12 CORPORATE DISCLOSURE STATEMENT filed by Mitchell Energy Services, LLC (Carroll, Brian) [Transferred from Texas Eastern on 2/14/2019.] |
| Filing 11 NOTICE of Discovery Disclosure by Mitchell Energy Services, LLC (Carroll, Brian) [Transferred from Texas Eastern on 2/14/2019.] |
| Filing 10 ANSWER to Complaint by Mitchell Energy Services, LLC.(Carroll, Brian) [Transferred from Texas Eastern on 2/14/2019.] |
| Filing 9 NOTICE of Disclosure by Kilgore Industrial Civil, LLC (Yoes, Stuart) Modified on 1/9/2019 (tkd, ). [Transferred from Texas Eastern on 2/14/2019.] |
| Filing 8 CORPORATE DISCLOSURE STATEMENT filed by Kilgore Industrial Civil, LLC (Yoes, Stuart) [Transferred from Texas Eastern on 2/14/2019.] |
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Filing 7
ORDER granting #6 Unopposed Motion to extend deadline to file joint conference report; deadline is extended to 1/17/2019. Signed by District Judge Marcia A. Crone on 12/27/18. (tkd, ) [Transferred from Texas Eastern on 2/14/2019.]
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| Filing 6 MOTION for Extension of Time to File Joint Conference Report by Stearns, Conrad and Schmidt, Consulting Engineers, Inc. (Attachments: #1 Text of Proposed Order)(Cazenave, Christopher) [Transferred from Texas Eastern on 2/14/2019.] |
| Filing 5 NOTICE of Discovery Disclosure by Stearns, Conrad and Schmidt, Consulting Engineers, Inc (Cazenave, Christopher) [Transferred from Texas Eastern on 2/14/2019.] |
| NOTICE of Hearing: Status Conference RESET for 1/23/2019 03:15 PM before District Judge Marcia A. Crone. Previous setting for 1/25/19 is cancelled.(jc, ) [Transferred from Texas Eastern on 2/14/2019.] |
| NOTICE of Hearing: Status Conference RESET for 1/25/2019 at 2:45 PM before District Judge Marcia A. Crone. Previous setting for 1/24/19 is cancelled.(jc, ) [Transferred from Texas Eastern on 2/14/2019.] |
| Filing 4 MOTION to Dismiss, or alternatively, MOTION to Transfer Venue by Stearns, Conrad and Schmidt, Consulting Engineers, Inc. (Attachments: #1 Declaration of Donna Crowe, #2 Exhibit 1, #3 Text of Proposed Order, #4 Text of Proposed Order)(Cazenave, Christopher) Modified on 11/20/2018 (tkd, ). (Additional attachment(s) added on 11/20/2018: #5 Revised Order - Dismiss, #6 Revised Order - Transfer) (tkd, ). [Transferred from Texas Eastern on 2/14/2019.] |
| NOTICE of Hearing: Status Conference set for 1/24/2019 at 11:15 AM before District Judge Marcia A. Crone. (jc, ) [Transferred from Texas Eastern on 2/14/2019.] |
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Filing 3
ORDER to Conduct Rule 26(f) Conference by 12/10/2018 and file a joint written report by 12/28/2018. Signed by District Judge Marcia A. Crone on 11/16/18. (tkd, ) [Transferred from Texas Eastern on 2/14/2019.]
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| ***FILED IN ERROR. Please ignore document #2, Motion to Dismiss or Transfer Venue by SCS Energy. This two-part motion must be re-filed to receive credit for both motions. Additionally, it was missing the required proposed order. (tkd, ) [Transferred from Texas Eastern on 2/14/2019.] |
| Filing 2 FILED IN ERROR. Please ignore. MOTION to Dismiss or Alternatively, to Transfer Venue by Stearns, Conrad and Schmidt, Consulting Engineers, Inc. (Attachments: #1 Declaration of Donna Crowe, #2 Exhibit 1)(Cazenave, Christopher) Modified on 11/19/2018 (tkd, ). [Transferred from Texas Eastern on 2/14/2019.] |
| Filing 1 NOTICE OF REMOVAL by Stearns, Conrad and Schmidt, Consulting Engineers, Inc. d/b/a SCS Energy from 128th Judicial District Court for Orange County, Texas, case number A180382-C. (Filing fee $ 400 receipt number 0540-7019997), filed by Stearns, Conrad and Schmidt, Consulting Engineers, Inc. d/b/a SCS Energy. (Attachments: #1 Exhibit 1, #2 Exhibits 2 and 2a, #3 Exhibit 3, #4 Civil Cover Sheet)(Cazenave, Christopher) [Transferred from Texas Eastern on 2/14/2019.] |
| Case Assigned to District Judge Marcia A. Crone. (aam, ) [Transferred from Texas Eastern on 2/14/2019.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (aam, ) [Transferred from Texas Eastern on 2/14/2019.] |
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