Integon Preferred Insurance Company v. David W. Rogers et al
| Integon Preferred Insurance Company |
| David W. Rogers, Patricia Rogers, Greg Cabral, Daniella Cabral, MC, AC, CC, California Automobile Insurance Company, Kaiser Foundation Health Plan, Inc., M. C., A. C. and C. C. |
| 8:2021cv01173 |
| July 7, 2021 |
| US District Court for the Central District of California |
| David O Carter |
| John D Early |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| Both |
Docket Report
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This docket was last retrieved on August 11, 2022. A more recent docket listing may be available from PACER.
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| Filing 81 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-55756 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #79 as to plaintiff Integon Preferred Insurance Company. (twdb) |
| Filing 80 TRANSCRIPT ORDER as to plaintiff Integon Preferred Insurance Company for Court Reporter. Court will contact Patrick Howe at pat@patrickhowelaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Howe, Patrick) |
| Filing 79 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by plaintiff Integon Preferred Insurance Company. Appeal of Order on Motion for Summary Judgment,,, #78 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-33775187.) (Howe, Patrick) |
Filing 78
ORDER DENYING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT #66 AND GRANTING DEFENDANTS MOTIONS FOR SUMMARY JUDGMENT #69 #70 by Judge David O. Carter. Accordingly, the Endorsement is invalid as a matter of law. SEE DOCUMENT FOR FURTHER INFORMATION. MD JS-6. Case Terminated. (twdb)
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| Filing 77 MINUTES OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT #66 ; DEFENDANTS MOTION FOR SUMMARY JUDGMENT #69 held before Judge David O. Carter. Defendant's motion for summary judgment #69 and plaintiff's motion for summary judgment #66 are taken under submission. The Court's written order to issue. Court Reporter: Debbie Gale. (lom) |
| Filing 76 Notice of Appearance or Withdrawal of Counsel: for attorney Michael J Fairchild counsel for Defendants A. C., C. C., M. C., Daniella Cabral, Greg Cabral. Adding Benjamin C. Bertch as counsel of record for GREG CABRAL; DANIELLA CABRAL; MC through her guardian ad litem, RICHARD CABRAL; AC, through her guardian ad litem, RICHARD CABRAL; CC, through her guardian ad litem, RICHARD CABRAL for the reason indicated in the G-123 Notice. Filed by Defendants GREG CABRAL; DANIELLA CABRAL; MC through her guardian ad litem, RICHARD CABRAL; AC, through her guardian ad litem, RICHARD CABRAL; CC, through her guardian ad litem, RICHARD CABRAL. (Fairchild, Michael) |
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Filing 75
MINUTE ORDER (IN CHAMBERS): ORDER CONTINUING HEARINGS ON MOTIONS FOR SUMMARY JUDGMENT [66, 69, 70], FINAL PRETRIAL CONFERENCE, AND TRIAL by Judge David O. Carter: The CONTINUES the hearing on Motions for Summary Judgment (Dkt. 66, 69, 70) to July 11, 2022 at 8:30 a.m.; the Final Pre-trial Conference to September 12, 2022; and the trial to September 27, 2022. The Clerk shall serve this minute order on the parties. (bm)
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| Filing 74 REPLY Support NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's complaint #66 filed by Plaintiff Integon Preferred Insurance Company. (Attachments: #1 Separate Statement of Genuine Disputes of Material Fact in Reply to Defendants David Rogers and Patricia Rogers Opposition, #2 Separate Statement of Genuine Disputes of Material Fact in Reply to Cabral Defendants Opposition)(Howe, Patrick) |
| Filing 73 OPPOSITION re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's complaint #66 JOINDER IN OPPOSITION filed by Defendants A. C., C. C., M. C., Daniella Cabral, Greg Cabral. (Attachments: #1 Separate Statement of Undisputed Material Facts in Opposition to Motion for Summary Judgment)(Fairchild, Michael) |
| Filing 72 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's complaint #66 filed by Defendants David W. Rogers, Patricia Rogers. (Attachments: #1 Statement of Genuine Disputes of Material Fact)(Harris, Darren) |
| Filing 71 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #69 filed by Plaintiff Integon Preferred Insurance Company. (Attachments: #1 Statement of Genuine Disputes, #2 Satement of Genuine Disputes)(Howe, Patrick) |
| Filing 70 JOINDER in NOTICE OF MOTION AND MOTION for Summary Judgment #69 filed by Defendants A. C., C. C., M. C., Daniella Cabral, Greg Cabral. (Attachments: #1 Separate Statement of Undisputed Material Facts)(Fairchild, Michael) |
| Filing 69 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendants David W. Rogers, Patricia Rogers. Motion set for hearing on 6/6/2022 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration of Darren M. Harris in Support of Motion for Summary Judgment, #2 Separate Statement of Undisputed Material Facts, #3 [Proposed] Statement of Uncontroverted Facts and Law, #4 [Proposed] Judgment) (Harris, Darren) |
| Filing 68 **CORRECTED** SCHEDULING NOTICE re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's complaint #66 scheduled for May 20, 2022 at 8:30 a.m. has been rescheduled to June 6, 2022 at 8:30 a.m. before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dca) TEXT ONLY ENTRY |
| Filing 67 SCHEDULING NOTICE re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's complaint #66 previously scheduled for May 6, 2022 at 8:30 a.m., has been rescheduled to May 20, 2022 at 8:30 a.m. before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dca) TEXT ONLY ENTRY |
| Filing 66 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's complaint filed by plaintiff Integon Preferred Insurance Company. Motion set for hearing on 6/6/2022 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Separate Statement of Uncontroverted Material Facts, #2 Memorandum of Points and Authorities, #3 Declaration of Patrick Howe, #4 Proposed Statement of Uncontroverted Facts and Conclusions of Law, #5 Proposed Judgment) (Howe, Patrick) |
| Filing 65 PRETRIAL STIPULATION regarding Exhibits and Facts for Cross-Motions for Summary Judgment filed by plaintiff Integon Preferred Insurance Company.(Howe, Patrick) |
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Filing 64
AMENDED SCHEDULING ORDER AND ORDER RE: PRETRIAL AND TRIAL PROCEDURES by Judge David O. Carter. The Court adopts all other deadlines as proposed in Joint Report #60 filed 11/29/2021. ( Pretrial Conference set for 7/11/2022 AT 01:30 PM before Judge David O. Carter.) (twdb)
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Filing 63
SCHEDULING ORDER by Judge David O. Carter. Discovery cut-off 5/20/2022. Motions due by 6/27/2022. Pretrial Conference set for 7/11/2022 01:30 PM before Judge David O. Carter. Bench Trial set for 7/26/2022 08:30 AM before Judge David O. Carter. The Scheduling Conference set for 1/10/2022 is vacated. (kdu)
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| Filing 62 TEXT ONLY ENTRY by Judge David O. Carter. Due to possible exposure to Covid-19 by counsel, the Court continues the Scheduling Conference to 1/10/2022 at 08:30 AM before Judge David O. Carter. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 61 Default Judgment Against Defendant California Automobile Insurance Company by Judge David O. Carter granting #58 MOTION for Default Judgment: Plaintiff has no obligation under Integon Preferred Insurance Company policy no. 2003528861 to pay more than $30,000 for all bodily injury and $5,000 for all property damage as a result of the June 1, 2019 accident alleged in paragraph 21 of the complaint. Accordingly, the Court vacates the hearing on the Motion scheduled for December 20, 2021. (see document for further details) (bm) |
| Filing 60 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2, filed by Plaintiff Integon Preferred Insurance Company.. (Howe, Patrick) |
| Filing 59 PROOF OF SERVICE filed by plaintiff Integon Preferred Insurance Company, re NOTICE OF MOTION AND MOTION for Default Judgment against defendant California Automobile Insurance Company #58 served on 11/17/2021. (Howe, Patrick) |
| Filing 58 NOTICE OF MOTION AND MOTION for Default Judgment against defendant California Automobile Insurance Company filed by plaintiff Integon Preferred Insurance Company. Motion set for hearing on 12/20/2021 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Application for Default Judgment, #2 Proposed Judgment) (Howe, Patrick) |
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Filing 57
MINUTE ORDER: (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge David O. Carter. SEE DOCUMENT FOR FURTHER INFORMATION. Response to Order to Show Cause due by 10/26/2021. (twdb) Modified on 10/20/2021 (twdb).
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Filing 56
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 12/20/2021 at 08:30 AM before Judge David O. Carter. (dgo)
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| Filing 55 NOTICE of Appearance filed by attorney Michael J Fairchild on behalf of Defendants C. C., M. C., Daniella Cabral, Greg Cabral (Fairchild, Michael) |
| Filing 54 CERTIFICATE of Interested Parties filed by Defendants C. C., M. C., Daniella Cabral, Greg Cabral, identifying GREG CABRAL; DANIELLA CABRAL; MC through her guardian at litem; RICHARD CABRAL; CC through her guardian ad litem. (Fairchild, Michael) |
| Filing 53 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendants C. C., M. C., Daniella Cabral, Greg Cabral.(Attorney Michael J Fairchild added to party C. C.(pty:dft), Attorney Michael J Fairchild added to party M. C.(pty:dft), Attorney Michael J Fairchild added to party Daniella Cabral(pty:dft), Attorney Michael J Fairchild added to party Greg Cabral(pty:dft))(Fairchild, Michael) |
| Filing 52 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #51 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (twdb) |
| Filing 51 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendants David W. Rogers, Patricia Rogers.(Attorney Darren Michael Harris added to party David W. Rogers(pty:dft), Attorney Darren Michael Harris added to party Patricia Rogers(pty:dft))(Harris, Darren) |
| Filing 50 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Integon Preferred Insurance Company, upon Defendant Daniella Cabral acknowledgment sent by Plaintiff on 9/8/2021, answer due 9/29/2021. Acknowledgment of Service signed by Douglas Vanderpool, Attorney. (Howe, Patrick) |
| Filing 49 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Integon Preferred Insurance Company, upon Defendant Greg Cabral acknowledgment sent by Plaintiff on 9/8/2021, answer due 9/29/2021. Acknowledgment of Service signed by Douglas Vanderpool, Attorney. (Howe, Patrick) |
| Filing 48 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Integon Preferred Insurance Company, upon Defendant M. C. acknowledgment sent by Plaintiff on 9/8/2021, answer due 9/29/2021. Acknowledgment of Service signed by Douglas Vanderpool, Attorney. (Howe, Patrick) |
| Filing 47 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Integon Preferred Insurance Company, upon Defendant A. C. acknowledgment sent by Plaintiff on 9/8/2021, answer due 9/29/2021. Acknowledgment of Service signed by Douglas Vanderpool, Attorney. (Howe, Patrick) |
| Filing 46 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Integon Preferred Insurance Company, upon Defendant C. C. acknowledgment sent by Plaintiff on 9/8/2021, answer due 9/29/2021. Acknowledgment of Service signed by Douglas Vanderpool, Attorney. (Howe, Patrick) |
| Filing 45 STIPULATION Extending Time to Answer the complaint as to re Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company.(Howe, Patrick) |
| Filing 44 DEFAULT BY CLERK F.R.Civ.P.55(a) as to California Automobile Insurance Company (twdb) |
| Filing 43 REQUEST for Clerk to Enter Default against defendant California Automobile Insurance Company filed by plaintiff Integon Preferred Insurance Company. (Attachments: #1 Declaration of Patrick Howe) (Howe, Patrick) |
| Filing 42 NOTICE OF DISMISSAL filed by plaintiff Integon Preferred Insurance Company pursuant to FRCP 41a(1) without prejudice as to Kaiser Foundation Health Plan, Inc.. (Howe, Patrick) |
| Filing 41 PROOF OF SERVICE Executed by Plaintiff Integon Preferred Insurance Company, upon Defendant California Automobile Insurance Company served on 7/16/2021, answer due 8/6/2021. Service of the Summons and Complaint were executed upon Randall Petro, agent in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Howe, Patrick) |
| Filing 40 PROOF OF SERVICE Executed by Plaintiff Integon Preferred Insurance Company, upon Defendant David W. Rogers served on 7/28/2021, answer due 8/18/2021. Service of the Summons and Complaint were executed upon Patricia Rogers, spouse in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Howe, Patrick) |
| Filing 39 PROOF OF SERVICE Executed by Plaintiff Integon Preferred Insurance Company, upon Defendant Patricia Rogers served on 7/28/2021, answer due 8/18/2021. Service of the Summons and Complaint were executed upon Patricia Rogers in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Howe, Patrick) |
| Filing 38 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant A. C. (twdb) |
| Filing 37 PROOF OF SERVICE Executed by Plaintiff Integon Preferred Insurance Company, upon Defendant Kaiser Foundation Health Plan, Inc. served on 7/15/2021, answer due 8/5/2021. Service of the Summons and Complaint were executed upon Kaitlyn Mannix, agent for service of process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Howe, Patrick) |
| Filing 36 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Summons Request #23 . The following error(s) was/were found: Summons request is missing pages 2 and 3. 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. (twdb) |
| Filing 34 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant California Automobile Insurance Company. (twdb) |
| Filing 33 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant M. C. (twdb) |
| Filing 32 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant C. C. (twdb) |
| Filing 31 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Greg Cabral. (twdb) |
| Filing 30 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Patricia Rogers. (twdb) |
| Filing 29 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant David W. Rogers. (twdb) |
| Filing 28 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Daniella Cabral. (twdb) |
| Filing 27 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Kaiser Foundation Health Plan, Inc. (twdb) |
| Filing 26 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 25 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 24 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 23 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 22 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 21 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 20 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 19 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 18 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 17 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kd) |
| Filing 16 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 , Summons Request #5 , Summons Request #8 , Summons Request #3 , Summons Request #7 , Summons Request #10 , Summons Request #6 , Summons Request #9 , Summons Request #11 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et) |
| Filing 15 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) |
| Filing 14 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 13 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge John D. Early. (et) |
| Filing 12 CERTIFICATE of Interested Parties filed by plaintiff Integon Preferred Insurance Company, identifying National General Management Corp., National General Holdings Corp.. (Howe, Patrick) |
| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Integon Preferred Insurance Company. (Howe, Patrick) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31591725 - Fee: $402, filed by plaintiff Integon Preferred Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Attorney Patrick M Howe added to party Integon Preferred Insurance Company(pty:pla))(Howe, Patrick) |
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