San Luis & Delta-Mendota Water Authority et al v. Salazar et al
Plaintiff: San Luis & Delta-Mendota Water Authority and Westlands Water District
Defendant: Kenneth Lee Salazar, United States Department of the Interior, United States Fish and Wildlife Service, Rowan Gould, Ren Lohoefenor, United States Bureau of Reclamation, J. William McDonald and Donald Glaser
Case Number: 1:2009cv00407
Filed: March 3, 2009
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Merced
Presiding Judge: Dennis L. Beck
Presiding Judge: Oliver W. Wanger
Nature of Suit: Environmental Matters
Cause of Action: 42 U.S.C. ยง 4321 Review of Agency Action-Environment
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
December 16, 2015 Opinion or Order Filing 1164 Fourth Stipulation and ORDER Regarding Motion for Attorneys' Fees and Other Expenses, signed by District Judge Lawrence J. O'Neill on 12/15/15. (Marrujo, C)
October 30, 2015 Opinion or Order Filing 1161 ORDER Directing Clerk of Court to Return Deposited Funds, signed by District Judge Lawrence J. O'Neill on 10/29/15. (Verduzco, M)
October 9, 2015 Opinion or Order Filing 1160 ORDER GRANTING RE MOTION TO EXTEND REMAND SCHEDULE (Doc. 1153) signed by District Judge Lawrence J. O'Neill on October 8, 2015. (Munoz, I)
October 6, 2015 Opinion or Order Filing 1154 ORDER EXPEDITING CONSIDERATION OF MOTION TO EXTEND REMAND SCHEDULE AND SETTING OPPOSITION DEADLINE signed by District Judge Lawrence J. O'Neill on October 5, 2015. (Munoz, I)
September 15, 2015 Opinion or Order Filing 1152 THIRD STIPULATION and ORDER Regarding Motion for Attorney's Fees and Other Expenses signed by District Judge Lawrence J. O'Neill on 9/14/2015. (Sant Agata, S)
June 5, 2015 Opinion or Order Filing 1149 SECOND STIPULATION and ORDER Regarding Motion for Attorney's Fees and Other Expenses, signed by District Judge Lawrence J. O'Neill on 6/5/2015. (Kusamura, W)
February 11, 2015 Opinion or Order Filing 1144 ORDER on Stipulation and Order Regarding Motion for Attorneys' Fees and Other Expenses, signed by District Judge Lawrence J. O'Neill on 2/11/15: The Parties' stipulation as set forth is approved. (Hellings, J)
October 1, 2014 Opinion or Order Filing 1135 AMENDED JUDGMENT signed by District Judge Lawrence J. O'Neill on 9/30/14. (Hellings, J)
March 25, 2014 Opinion or Order Filing 1121 ORDER RE NINTH CIRCUIT DECISION signed by District Judge Lawrence J. O'Neill on March 25, 2014. (Munoz, I)
March 5, 2014 Opinion or Order Filing 1116 ORDER RE REQUEST EXTEND REMAND SCHEDULE signed by District Judge Lawrence J. O'Neill on March 4, 2014. (Doc. 1109) (Munoz, I)
February 19, 2014 Opinion or Order Filing 1114 ORDER PERMITTING RESPONSE RE REQUEST TO EXTEND REMAND SCHEDULE (Doc. 1109) signed by District Judge Lawrence J. O'Neill on February 19, 2014. (Munoz, I)
April 9, 2013 Opinion or Order Filing 1106 MEMORANDUM DECISION AND ORDER Re 1080 Motion to Extend Remand Schedule, signed by District Judge Lawrence J. O'Neill on 4/9/2013. (On or before 2/15/2014, the parties shall submit a joint status report to the Court.)(Gaumnitz, R)
January 30, 2013 Opinion or Order Filing 1098 ORDER RE MOTION TO EXTEND REMAND SCHEDULE (Doc. 1080) signed by District Judge Lawrence J. O'Neill on January 30, 2013. (Munoz, I)
November 2, 2011 Opinion or Order Filing 1065 SECOND JOINT STIPULATION and ORDER Amending Schedule for Transmittal of Draft Smelt Biological Opinion, signed by District Judge Lawrence J. O'Neill on 11/1/11. (Gonzalez, R)
September 30, 2011 Opinion or Order Filing 1061 JOINT STIPULATION and ORDER Amending Schedule for Transmittal of Drafy Smelt Biological Opinion, signed by Judge Oliver W. Wanger on 9/30/201. (Kusamura, W)
September 13, 2011 Opinion or Order Filing 1046 AMENDED ORDER RE: Preliminary Injunction against Full Implementation of RPA Componet 3 (ACTION 4), signed by Judge Oliver W. Wanger on 9/13/2011. (Kusamura, W)
August 31, 2011 Opinion or Order Filing 1013 ORDER RE 900 Motion for Preliminary Injunction, signed by Senior Judge Oliver W. Wanger on 08/31/2011. (Coffman, Lisa)
July 22, 2011 Opinion or Order Filing 996 STIPULATION AND ORDER re: EXHIBITS, WITNESSESS AND ORAL ARGUMENT FOR MOTION FOR INJUNCTION RELIEF, signed by Judge Oliver W. Wanger on 7/21/2011. (Kusamura, W)
July 11, 2011 Opinion or Order Filing 957 ORDER on Juridiction to consider plaintiffs' Injunctive Relief Petition re: Fall X2 Action, signed by Judge Oliver W. Wanger on 7/8/2011. (Kusamura, W)
June 24, 2011 Opinion or Order Filing 930 MEMORANDUM DECISION Re Jurisdiction to Consider Plaintiffs' Injunctive Relief Petition Re Fall X2 Action, signed by Judge Oliver W. Wanger on 6/24/2011. (Plaintiffs shall submit a proposed form of order consistent with this memorandum decision within 5 days following electronic service.) (Gaumnitz, R)
June 17, 2011 Opinion or Order Filing 925 ORDER on Substitution of Attorneys as to San Luis & Delta-Mendota Water Authority, signed by Judge Oliver W. Wanger on 6/16/11. Attorney Jon David Rubin terminated. (Verduzco, M)
June 10, 2011 Opinion or Order Filing 907 JOINT STIPULATION and ORDER Re Motion For Fees and/or Costs, signed by Judge Oliver W. Wanger on 6/10/2011. (Gaumnitz, R)
June 8, 2011 Opinion or Order Filing 903 MEMORANDUM DECISION AND ORDER Re Appellants' Certification Re Transcripts Necessary for Appeal 891 , signed by Judge Oliver W. Wanger on 06/08/2011. (Coffman, Lisa)
June 6, 2011 Opinion or Order Filing 895 SCEDULING ORDER Regarding Plaintiffs' Motion for Injunctive Relief signed by Judge Oliver W. Wanger on 6/3/2011. (Plaintiffs' Motion to Enjoin RPA Action 4 Deadline: 6/8/2011; Plaintiffs' Opening Merits Brief in Support of Motion to En join RPA Action 4 Deadline: 6/16/2011; Jurisdictional Issues Hearing set for 6/20/2011 at 02:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Evidentiary Hearing set for 7/26/2011, 7/27/2011, 7/28/2011, and 7/29/2011 at 08:30 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger) (Figueroa, O)
May 18, 2011 Opinion or Order Filing 884 AMENDED JUDGMENT signed by Judge Oliver W. Wanger on 5/17/11. (Verduzco, M)
May 4, 2011 Opinion or Order Filing 875 MEMORANDUM DECISION RE FEDERAL DEFENDANTS MOTION TO AMEND THE JUDGMENT OR IN THE ALTERNATIVE FOR A STAY PENDING APPEAL 856 , signed by Judge Oliver W. Wanger on 05/04/2011. (Coffman, Lisa)
April 11, 2011 Opinion or Order Filing 860 Federal Defendant's Application for an Order Shortening Time to Hear Motion To Alter or Amend the Judgment or in the Alternative For a Stay, Declaration of Ethan Carson Eddy, and ORDER SHORTENING TIME, signed by Judge Oliver W. Wanger on 4/11/2011. ( 856 Motion to Amend Judgment previously set for 4/25/2011 is ADVANCED to 4/22/2011 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) (Gaumnitz, R)
March 29, 2011 Opinion or Order Filing 851 FINAL JUDGMENT signed by Judge Oliver W. Wanger on 3/28/2011. (Marrujo, C)
February 25, 2011 Opinion or Order Filing 843 ORDER on Motion in Limine to exclude witnessess or, in the alternative, to continue Evidentiary Hearing, signed by Judge Oliver W. Wanger on 2/25/2011. (Kusamura, W)
February 24, 2011 Opinion or Order Filing 835 SECOND STIPULATION and ORDER for Extension to File Judgment on Remaining Claims, signed by Judge Oliver W. Wanger on 2/24/2011. (Kusamura, W)
February 22, 2011 Opinion or Order Filing 821 ORDER on 819 Federal Defendants' Application for an Order Shortening Time to Hear 818 Motion to Exclude Witnesses or, In the Alternative, to Continue Evidentiary Hearing, signed by Judge Oliver W. Wanger on 2/22/2011. ( 818 Motion to Exc lude set for 2/23/2011 at 12:30 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Any response to that motion shall be filed by 4:00PM on February 22, 2011. Federal Defendants shall not file a reply brief. The parties may appear at the hearing by telephone.)(Gaumnitz, R)
February 16, 2011 Opinion or Order Filing 810 STIPULATION and ORDER Re Reply Brief in Support of Motion For Injunctive Relief, signed by Judge Oliver W. Wanger on 2/15/2011. (Plaintiffs will be allowed to file a single reply brief not to exceed twenty (20) pages, in lieu of separate reply briefs to the separate oppositions filed by Federal Defendants and Defendant Intervenors to the Motion for Injunctive Relief.)(Gaumnitz, R)
February 14, 2011 Opinion or Order Filing 807 STIPULATION and ORDER for Extension to File Proposed Judgment on Remaining Claims, signed by Judge Oliver W. Wanger on 2/11/2011. (Kusamura, W)
February 10, 2011 Opinion or Order Filing 791 ORDER RE SCHEDULE FOR HEARING ON PRELIMINARY INJUNCTION. The hearing will commence as scheduled on February 25, 2011 and will proceed to March 1, 2011 to befollowed by further hearing on March 2, 2011, if necessary. Plaintiffs shall first present any evidence bearing on entitlement to injunctive relief. Signed by Judge Oliver W. Wanger on 2/10/11. (Coffman, Lisa)
February 3, 2011 Opinion or Order Filing 781 STIPULATION and ORDER to Extend Time For DWR to File Joinder to Plaintiffs' Motion For Injunctive Relief, signed by Judge Oliver W. Wanger on 2/2/2011. (DWR may have until Friday February 11, 2011, to file any joinder to Plaintiffs Motion for Injunctive Relief (Doc. 767), filed January 28, 2011. Any such joinder to Plaintiffs motion would not present any new argument or evidence.) (Gaumnitz, R)
December 27, 2010 Opinion or Order Filing 763 AMENDED ORDER on Cross Motions For Summary Judgment, signed by Judge Oliver W. Wanger on 12/27/2010. ( Status Conference set for 1/4/2011 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger) (Gaumnitz, R)
December 23, 2010 Opinion or Order Filing 761 ORDER on Cross-Motions for Summary Judgment signed by Judge Oliver W. Wanger on 12/23/2010. ( Status Conference set for 1/4/2011 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger) (Figueroa, O) .
December 17, 2010 Opinion or Order Filing 758 ORDER Granting in Part and Denying in Part Defendant-Intervenors' and Federal Defendants' 733 Motion to Strike New Material In Plaintiffs' Summary Judgment Reply/Opposition Brief, signed by Judge Oliver W. Wanger on 12/17/2010. (Gaumnitz, R)
December 14, 2010 Opinion or Order Filing 757 MEMORANDUM DECISION granting in part and denying in part multiple motions for summary judgment 548 549 550 658 661 , signed by Judge Oliver W. Wanger on 12/14/2010. A status conference is set for January 4, 2011, at 12:00noon, in Courtroom 3 (OWW), to address any need for further proceedings. The parties may appear by telephone. (Coffman, Lisa)
August 23, 2010 Opinion or Order Filing 754 ORDER Approving WITHDRAWAL of Thomas W. Birmingham as counsel for Plaintiff Westlands Water District signed by Judge Oliver W. Wanger on 8/20/2010. (Figueroa, O)
August 2, 2010 Opinion or Order Filing 750 ORDER Granting in Part and Denying in Part Defendant-Intervenors' and Federal Defendants' Motions to Strike Plaintiffs' Extra-Record Declarations and Exhibits, signed by Judge Oliver W. Wanger on 8/2/2010. (Gaumnitz, R)
June 7, 2010 Opinion or Order Filing 714 STIPULATION and ORDER Redesignating California Department of Water Resources as a Plaintiff-Intervenor, signed by Judge Oliver W. Wanger on 6/3/2010. (Verduzco, M)
May 27, 2010 Opinion or Order Filing 704 FINDINGS OF FACT AND CONCLUSIONS OF LAW Re: Plaintiffs' Motion for Preliminary Injunction, signed by Judge Oliver W. Wanger on 05/27/10. Telephonic conference to discuss whether Plaintiffs have evidence that imminence of harm to Deltasmelt does not exist shall be held May 28, 2010 in Courtroom 3 (OWW) at 10:00 a.m. (Coffman, Lisa)
May 10, 2010 Opinion or Order Filing 689 ORDER denying 678 Motion to Strike signed by Judge Oliver W. Wanger on 5/10/2010. (Kusamura, W)
May 3, 2010 Opinion or Order Filing 683 ORDER Denying Without Prejudice Plaintiff Family Farm Alliance's 614 Motion for Temporary Restraining Order signed by Judge Oliver W. Wanger on 4/30/2010. (Gaumnitz, R)
April 15, 2010 Opinion or Order Filing 657 STIPULATION and ORDER Amending Summary Judgment Schedule, signed by Judge Oliver W. Wanger on 4/14/10: Motions for Summary Judgment Hearing CONTINUED to June 8-9, 2010 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Hellings, J)
March 1, 2010 Opinion or Order Filing 595 ORDER Followinf February 12,2010 Status Conference signed by Judge Oliver W. Wanger on 2/26/2010. (Designation of Expert Witnesses due by 3/1/2010; Response to Expert Declarations due by 3/1/2010; Motions for Summary Judgment Hearing set for 5/25/2010 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger) (Figueroa, O)
February 19, 2010 Opinion or Order Filing 588 ORDER DIRECTING QUESTIONS TO 706 EXPERTS, signed by Judge Oliver W. Wanger on 2/19/10. (Coffman, Lisa)
February 12, 2010 Opinion or Order Filing 583 MEMORANDUM DECISION DENYING Without Prejudice Renewed Application For Temorary Restraining Order 562 , signed by Judge Oliver W. Wanger on 2/12/2010. (Gaumnitz, R)
February 5, 2010 Opinion or Order Filing 555 ORDER denying 511 Motion for TRO, signed by Judge Oliver W. Wanger on 2/5/10.
February 2, 2010 Opinion or Order Filing 546 ORDER Following January 11, 2010 Scheduling Conference, signed by Judge Oliver W. Wanger on 1/29/2010. (Gaumnitz, R)
January 29, 2010 Opinion or Order Filing 531 PROPOSED QUESTIONS TO 706 EXPERTS: The court is considering addressing the attached questions to the 706 experts. The parties are invited to comment upon these draft questions in writing on or before the close of business 2/8/10. If warranted, the court will schedule a hearing to discuss the questions and comments. Signed by Judge Oliver W. Wanger on 1/29/10. (Coffman, Lisa)
January 28, 2010 Opinion or Order Filing 529 ORDER Regarding Consolidation, signed by Judge Oliver W. Wanger on 1/22/2010. The Court hereby ORDERS that the above-captioned matter be partially consolidated with The Delta Smelt Consolidated Cases, Case No. 09-407 OWW-DLB.Plaintiff Family Farm Alliances first cause of action will be consolidated with The Delta Smelt Consolidated Cases.(Scrivner, E)
December 30, 2009 Opinion or Order Filing 477 PARTIAL FINAL JUDGMENT signed by Judge Oliver W. Wanger on 12/29/2009. IT IS HEREBY ORDERED that (1) final judgment is entered in favor of Federal Defendants and Defendant Intervenors on Plaintiffs Commerce Clause claim, and (2) Plaintiffs Commerce Clause claim is CERTIFIED to the Court of Appeals for the Ninth Circuit, as there is no just reason for delay. (Bradley, A)
December 18, 2009 Opinion or Order Filing 465 ORDER Following November 25, 2009 Status Conference Regarding Fed. R. Evid. 706 Experts, signed by Judge Oliver W. Wanger on 12/17/2009. (Gaumnitz, R)
December 16, 2009 Opinion or Order Filing 462 MEMORANDUM, OPINION and ORDER re motion to supplement the administrative record 170 , signed by Judge Oliver W. Wanger on 12/16/09. Motion DEFERRED as to Documents 221 & 254 and DENIED WITHOUT PREJUDICE as to all other documents. Supplemental expert declarations permitted by this decision due 12/28/09; rebuttal declarations due 1/6/10. (Coffman, Lisa)
December 10, 2009 Opinion or Order Filing 460 MEMORANDUM, DECISION and ORDER Granting Stewart & Jasper Plaintiffs' Motion for Entry of Final Judgment on Commerce Clause Claim signed by Judge Oliver W. Wanger on 12/09/2009. (Flores, E)
December 9, 2009 Opinion or Order Filing 457 ORDER Granting and Denying Cross Motions for Summary Judgment on NEPA Issues, signed by Judge Oliver W. Wanger on 12/2/2009. (Gaumnitz, R)
December 3, 2009 Opinion or Order Filing 436 ORDER to SHOW CAUSE Re Consolidation, signed by Judge Oliver W. Wanger on 12/3/2009. Show Cause Response due by 12/29/2009. Telephonic Hearing set for 1/11/2010 at 11:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Sondheim, M)
November 25, 2009 Opinion or Order Filing 423 ORDER Following November 19, 2009 Scheduling Conference, signed by Judge Oliver W. Wanger on 11/24/2009. (Kusamura, W)
November 24, 2009 Opinion or Order Filing 419 Supplemental ORDER Regarding Appointment Of F.R. Evid. 706 Experts, signed by Judge Oliver W. Wanger on 11/23/2009. (Scrivner, E)
November 18, 2009 Opinion or Order Filing 407 ORDER granting DWR's Motion to Allow Extra record evidence to explain technical terms and complex subject matter signed by Judge Oliver W. Wanger on 11/17/2009. (Kusamura, W)
November 13, 2009 Opinion or Order Filing 399 MEMORANDUM DECISION RE CROSS MOTIONS FOR SUMMARY JUDGMENT ON NEPA ISSUES 244 245 ; parties to appear for telephonic scheduling conference on 11/24/09 at 10:00 a.m., signed by Judge Oliver W. Wanger on 11/13/09. (Coffman, Lisa)
November 12, 2009 Opinion or Order Filing 388 ORDER RE: Extra-Record Declarations by Dr. Bryan Manly and Dr. Ray Hilborn, signed by Judge Oliver W. Wanger on 11/10/2009. (Kusamura, W)
November 9, 2009 Opinion or Order Filing 387 ORDER RE: State Water Contractor's Request to submit extra-record testimony of Charles H. Hanson, PhD. signed by Judge Oliver W. Wanger on 11/9/2009. (Kusamura, W)
November 2, 2009 Opinion or Order Filing 380 ORDER re 230 & 236 Cross Motions for Summary Judgment re Reasonable and Prudent Alternative Claims, signed by Judge Oliver W. Wanger on 10/30/2009. (Jessen, A)
October 29, 2009 Opinion or Order Filing 375 ORDER Re: Schedule For Expert Submissions and Motions For Summary Judgment and Re Page Limits signed by Judge Oliver W. Wanger on 10/19/2009. (Esteves, C)
October 23, 2009 Opinion or Order Filing 363 ORDER Re: Federal Defendants' Privilege Log Submission Concerning Attorney-Client Privilege and Sealing Order, signed by Judge Oliver W. Wanger on 10/22/2009. (Sondheim, M)
October 15, 2009 Opinion or Order Filing 354 MEMORANDUM DECISION Re Cross Motions for Summary Judgment Re Reasonable and Prudent Alternative Claims and Related Procedural Motions 230 236 284 299 , signed by Judge Oliver W. Wanger on 10/15/09. (Coffman, Lisa)
October 9, 2009 Opinion or Order Filing 342 ORDER Re 706 Expert(s), signed by Judge Oliver W. Wanger on 10/8/2009. (Filing Deadline: 10/14/2009)(Scrivner, E)
October 8, 2009 Opinion or Order Filing 339 MEMORANDUM DECISION Re Cross Motions For Summary Judgment Re Commerce Clause (Docs. 233 & 288 ), signed by Judge Oliver W. Wanger on 10/7/2009. (Scrivner, E)
October 7, 2009 Opinion or Order Filing 336 ORDER re further NEPA briefing on the parties' cross-motions for summary judgment; the parties have until 10/16/2009 to supplement their legal memoranda of points and authorities re summary adjudication of the NEPA issues; case management deadline set for 10/16/2009 for receipt of same; order signed by Judge Oliver W. Wanger on 10/7/2009. (Rooney, M)
August 7, 2009 Opinion or Order Filing 256 ORDER conditionally granting 239 Motion for leave to file amici curiae brief, signed by Judge Oliver W. Wanger on 08/07/2009. (Coffman, Lisa)
July 20, 2009 Opinion or Order Filing 150 ORDER Re: Page Limits signed by Judge Oliver W. Wanger on 7/17/2009. The Page Limits and Coordination of Briefing set forth herein Applies Solely to the Early Dispositive Motions of the NEPA, RPA, and Commerce Clause Claims to be Filed on August 3, 2009 and shall have no Effect on the Briefing of any other Claims. (Sant Agata, S)
July 16, 2009 Opinion or Order Filing 144 SECOND AMENDMENT to June 24, 2009 120 SCHEDULING CONFERENCE ORDER signed by Judge Oliver W. Wanger on 7/15/2009. (Sant Agata, S)
July 7, 2009 Opinion or Order Filing 133 AMENDMENT to June 24, 2009 Scheduling Conference ORDER re 120 signed by Judge Oliver W. Wanger on 7/6/2009. (Figueroa, O)
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Search for this case: San Luis & Delta-Mendota Water Authority et al v. Salazar et al
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Plaintiff: San Luis & Delta-Mendota Water Authority
Represented By: Hanspeter Walter
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Plaintiff: Westlands Water District
Represented By: Hanspeter Walter
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Defendant: Kenneth Lee Salazar
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Defendant: United States Department of the Interior
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Defendant: United States Fish and Wildlife Service
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Defendant: Rowan Gould
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Defendant: Ren Lohoefenor
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Defendant: United States Bureau of Reclamation
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Defendant: J. William McDonald
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Defendant: Donald Glaser
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