Peter Williams v. C R Bard Inc et al
| Peter Williams, - |
| Does 1 through 100 Inclusive, McKesson Corporation, C R Bard Inc and Bard Peripheral Vascular Inc |
| 2:2020cv07650 |
| August 21, 2020 |
| US District Court for the Central District of California |
| Stanley Bastian |
| Jacqueline Chooljian |
| Stephen V Wilson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 22, 2020. A more recent docket listing may be available from PACER.
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Filing 49
ORDER GRANTING JOINT MOTION TO STAY DISCOVERY AND ALL PRETRIAL DEADLINES, #46 , #47 by Judge Stanley Bastian: IT IS HEREBY ORDERED: 1.The parties Joint Motion to Stay Discovery and All Pretrial Deadlines, ECF No. 47, is GRANTED. 2. The above-captioned case is STAYED until January 19, 2021 to allow the parties to conduct ongoing settlement negotiations. 3.On or before January 19, 2021, the parties shall file a stipulation of dismissal or submit a joint statement reporting the status of settlement. 4.The parties Stipulation of Voluntary Dismissal of McKesson Corporation Without Prejudice Pursuant to FRCP 41(a)(1) (A)(ii), ECF No. 46, is GRANTED. Defendant McKesson is hereby dismissed from this action without prejudice. 5.The September 28, 2020 initial status conference is STRICKEN. 6.Defendants Motion to Dismiss for Lack of Jurisdiction, ECF No. 2, is DENIED, as moot. 7.Defendants Motion to Dismiss Without Prejudice Plaintiffs Claims for Lack of Subject Matter Jurisdiction, ECF No. 7, is DENIED, as moot. 8.Defendants Motion to Sever Claims of Non-Texas Plaintiffs and Motion to Transfer Case out of District/Division, ECF No. 19, is DENIED, as moot. IT IS SO ORDERED. (shb)
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| Filing 47 NOTICE OF MOTION AND Joint MOTION for Discovery regarding JOINT MOTION TO STAY DISCOVERY AND ALL PRETRIAL DEADLINES filed by Defendants Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING JOINT MOTION TO STAY DISCOVERY AND ALL PRETRIAL DEADLINES)(Newman, Daniell) |
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Filing 48
ORDER OF THE CHIEF JUDGE (#20-096) approved by Judge Philip S. Gutierrez. IT IS ORDERED, with the concurrence of the Case Management and Assignment Committee, that the following cases be transferred to the calendar of Judge Stanley A. Bastian for coordinated or consolidated pretrial proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-07650 SAB(JCx). (rn)
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| Filing 46 STIPULATION to Dismiss Defendant McKesson Corporation filed by Defendants C R Bard Inc, Bard Peripheral Vascular Inc, McKesson Corporation. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING STIPULATION OF VOLUNTARY DISMISSAL OF MCKESSON CORPORATION WITHOUT PREJUDICE PURSUANT TO FRCP 41(a)(1)(A)(ii))(Newman, Daniell) |
| Filing 45 SCHEDULING NOTICE by Judge Stephen V. Wilson - The initial status conference previously scheduled for 11/16/2020 at 3:00 p.m. has been rescheduled to 9/28/2020 at 1:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
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Filing 44
ORDER by Judge Stephen V. Wilson: granting #42 Request to Substitute Attorney. DANIELL K. NEWMAN is substituted in place of attorney MELISSA DORMAN MATTHEWS AND JORDAN E. JARREAU for DEFENDANTS Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. Attorney Jordan E. Jarreau and Melissa Dorman Matthews terminated. (mrgo)
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Filing 43
ORDER by Judge Stephen V. Wilson: granting #40 Request to Substitute Attorney. Arati C. Furness is substituted in place of attorney Steven S. Schulte, Eric M Przybysz, and Darren McDowell for Plaintiff Peter Williams. Attorney Steven Scott Schulte; Darren McDowell and Eric M Przybysz terminated. (mrgo)
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| Filing 42 REQUEST TO SUBSTITUTE ATTORNEY DANIELL K. NEWMAN in place of attorney MELISSA DORMAN MATTHEWS AND JORDAN E. JARREAU filed by DEFENDANTS Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. (Attachments: #1 Proposed Order (PROPOSED) ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY) (Newman, Daniell) |
| Filing 41 Notice of Appearance or Withdrawal of Counsel: for attorney Daniell K. Newman counsel for Defendants Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation. Adding Daniell K. Newman as counsel of record for C.R. Bard, Inc., Bard Peripheral Vascular Inc, and McKesson Corporation for the reason indicated in the G-123 Notice. Filed by Defendants C.R. Bard, Inc., Bard Peripheral Vascular Inc., and McKesson Corporation. (Attorney Daniell K. Newman added to party Bard Peripheral Vascular Inc(pty:dft), Attorney Daniell K. Newman added to party C R Bard Inc(pty:dft), Attorney Daniell K. Newman added to party McKesson Corporation(pty:dft))(Newman, Daniell) |
| Filing 40 REQUEST TO SUBSTITUTE ATTORNEY Arati C. Furness in place of attorney Steven S. Schulte, Eric M Przybysz, and Darren McDowell filed by Plaintiff Peter Williams. (Attachments: #1 Proposed Order Proposed Order) (Attorney Arati Chauhan Furness added to party Peter Williams(pty:pla)) (Furness, Arati) |
| Filing 39 SCHEDULING NOTICE by Judge Stephen V. Wilson re: #2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc.; #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation; and #19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams - A hearing on the motions is set for 09/28/2020 at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
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Filing 38
ORDER SETTING INITIAL STATUS CONFERENCE for 11/16/2020 at 3:00 PM before Judge Stephen V. Wilson. (pc)
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Filing 37
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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| Filing 36 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jordan E. Jarreau. 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. (lh) |
| Filing 35 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Melissa Dorman Matthews. 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. (lh) |
| Filing 34 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Steven Scott Schulte. 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. (lh) |
| Filing 33 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Darren McDowell. 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. (lh) |
| Filing 32 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Eric Martin Przybysz. 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. (lh) |
| Filing 28 ORIGINAL file, certified copy of transfer order and docket sheet received from Texas Northern |
| Filing 31 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 30 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Jacqueline Chooljian. (lh) |
| Filing 29 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:20-cv-02438-S, from U.S. District Court Northern District of Texas (Dallas). The above-referenced case has been transferred to this district and assigned the above civil case number 2:20-cv-07650-SVW (JCx). (lh) |
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Filing 27
MEMORANDUM OPINION AND ORDER grants #22 Motion to Sever and Transfer Venue of Out-of-State Plaintiffs' Cases Out of State Plaintiffs' Cases. The Court directs the Clerk of the Court to sever and transfer this action as follows: a. Plaintiff Peter Hertzberg's case be severed and transferred to the Milwaukee Division of the Eastern District of Wisconsin (Civil case 3:20-cv-2431 opened); b. Plaintiff Almary Johnson's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2432 opened); c. Plaintiff Olive Jones's case be severed and transferred to the Orlando Division of the Middle District of Florida (Civil case 3:20-cv-2433 opened); d. Plaintiff Tiffany Shelton's case be severed and transferred to the Huntington Division of the Southern District of West Virginia (Civil case 3:20-cv-2434 opened); e. Plaintiff Phillip Smith's case be severed and transferred to the Chicago Division of the Northern District of Illinois (Civil case 3:20-cv-2435 opened); f. Plaintiff Ruby Tafoya's case be severed and transferred to the Denver Division of the District of Colorado (Civil case 3:20-cv-2436 opened); g. Plaintiff James Wayt's case be severed and transferred to the Wheeling Division of the Northern District of West Virginia (Civil case 3:20-cv-2437 opened); and h. Plaintiff Peter Williams's case be severed and transferred to the Los Angeles Division of the Central District of California (Civil case 3:20-cv-2438 opened). Plaintiff Paulette Levin is the sole plaintiff with any connection to this forum. Accordingly, she shall remain in the Dallas Division of the Northern District of Texas. (Ordered by Judge Karen Gren Scholer on 8/20/2020) (jmg) [Transferred from Texas Northern on 8/25/2020.]
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Filing 26
ORDER: Pursuant to the parties' agreement, the Court DISMISSES WITHOUT PREJUDICE Plaintiff Cynthia Hulse's claims against Defendants. The parties shall bear their own costs. Party Cynthia Hulse terminated. (Ordered by Judge Karen Gren Scholer on 8/19/2020) (axm) [Transferred from Texas Northern on 8/25/2020.]
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| Filing 25 RESPONSE filed by Bard Peripheral Vascular Inc, C R Bard Inc re: #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases, #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Matthews, Melissa) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 24 Appendix in Support filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 23 Brief/Memorandum in Support filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams re #22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 22 Amended MOTION to Sever and Transfer Venue of Out of State Plaintiffs' Cases filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 21 Appendix in Support filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 20 Brief/Memorandum in Support filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams re #19 MOTION to Sever Claims of Non-Texas Plaintiffs MOTION to Transfer Case out of District/Division (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 19 MOTION to Sever Claims of Non-Texas Plaintiffs, MOTION to Transfer Case out of District/Division () filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams (Attachments: #1 Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 18 RESPONSE AND OBJECTION filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams re: #2 MOTION to Dismiss for Lack of Jurisdiction (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 17 NOTICE of Filing Completed Forms for Each Plaintiff re: #15 Order, filed by Bard Peripheral Vascular Inc, C R Bard Inc, McKesson Corporation (Attachments: #1 Exhibit(s)) (Matthews, Melissa) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 16 NOTICE of Filling Completed Forms For Each Plaintiff filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams (Attachments: #1 Exhibit(s)) (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
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Filing 15
ORDER: To assist the Court, counsel for all parties shall complete the form attached hereto as Exhibit A for each Plaintiff in this action. The parties shall file their completed forms on or before 7/22/2020. (Ordered by Judge Karen Gren Scholer on 7/16/2020) (oyh) [Transferred from Texas Northern on 8/25/2020.]
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Filing 14
ELECTRONIC ORDER: The Court grants the parties' Agreed Motion for Extension of Time. (Ordered by Judge Karen Gren Scholer on 7/1/2020) (ctf) [Transferred from Texas Northern on 8/25/2020.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply to #2 MOTION to Dismiss for Lack of Jurisdiction , #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by Peter Hertzberg, Cynthia Hulse, Almary Johnson, Olive Jones, Paulette Levin, Tiffany Shelton, Phillip Smith, Ruby Tafoya, James Wayt, Peter Williams (Attachments: #1 Proposed Order Proposed Order) (Schulte, Steven) [Transferred from Texas Northern on 8/25/2020.] |
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Filing 12
ORDER REASSIGNING CASE. The above-numbered case is hereby transferred to the docket of the Honorable Judge Karen Gren Scholer and shall henceforth carry the suffix letter S. Judge Ada Brown no longer assigned to case. (Ordered by Judge Ada Brown on 6/24/2020) (ykp) [Transferred from Texas Northern on 8/25/2020.]
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| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McKesson Corporation. (Matthews, Melissa) (Main Document 11 replaced to flatten image on 6/18/2020) (dsr). [Transferred from Texas Northern on 8/25/2020.] |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 9 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Bard Peripheral Vascular Inc, C R Bard Inc (Matthews, Melissa) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 8 Brief/Memorandum in Support filed by McKesson Corporation re #7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 7 MOTION to Dismiss Without Prejudice Plaintiffs' Claims for Lack of Subject Matter Jurisdiction filed by McKesson Corporation (Matthews, Melissa) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 6 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bard Peripheral Vascular, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. R. Bard, Inc.. (Matthews, Melissa) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 3 Brief/Memorandum in Support filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. re #2 MOTION to Dismiss for Lack of Jurisdiction (Matthews, Melissa) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc. (Matthews, Melissa) [Transferred from Texas Northern on 8/25/2020.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Filing fee $400; receipt number 0539-10906873) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement, #3 Exhibit(s) A - Portion of REACH Agreement, #4 Exhibit(s) B - McKesson Corporation, #5 Exhibit(s) C - 8-30-16 Romney, Kim Deposition, #6 Exhibit(s) D - Index of State Court Documents, #7 Exhibit(s) D-1 - State Court Docket Sheet, #8 Exhibit(s) D-2 - Plaintiffs' Original Petition, #9 Exhibit(s) D-3 - Civil Case Info Sheet, #10 Exhibit(s) D-4 - Jury Demand, #11 Exhibit(s) D-5 - Citation Issued to Bard Peripheral Vascular, Inc., #12 Exhibit(s) D-6 - Citation Issued to C.R. Bard, Inc., #13 Exhibit(s) D-7 - Citation Issued to McKesson Corp., #14 Exhibit(s) D-8 - Affidavit of Service - McKesson, #15 Exhibit(s) D-9 - Return of Service - C.R. Bard, Inc., #16 Exhibit(s) D-10 - Return of Service - Bard Peripheral Vascular, Inc.) (Matthews, Melissa) [Transferred from Texas Northern on 8/25/2020.] |
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