Securities and Exchange Commission v. BIC Real Estate Development Corporation et al
Securities and Exchange Commission |
BIC Real Estate Development Corporation, Daniel R. Nase, BIC Solo 401k Trust and Margarita Nase |
David P. Stapleton |
1:2016cv00344 |
March 11, 2016 |
US District Court for the Eastern District of California |
Fresno Office |
Kern |
Lawrence J. O'Neill |
Jennifer L. Thurston |
Securities/Commodities/Exchanges |
15 U.S.C. ยง 78 |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 450 ORDER GRANTING 446 Motion of Receiver, David P. Stapleton, to: (1) Approve Final Report and Accounting; (2) Authorize Payment of Final Fee Application of Receiver and Professionals; (3) Authorize Final Distribution on Allowed Claims; (4) Authorize Submission of Appropriate Tax Returns; (5) Authorize Abandonment or Destruction of Records; and (6) Close Receivership Case and Discharge Receiver signed by District Judge Dale A. Drozd on 7/6/2020. (Jessen, A) |
Filing 444 ORDER GRANTING MOTION OF RECEIVER, DAVID P. STAPLETON, FOR ORDER AUTHORIZING FIRST INTERIM DISTRIBUTION ON ALLOWED, NON-SUBORDINATED CLAIMS 440 signed by Chief Judge Lawrence J. O'Neill on 12/01/2019. (Gonzales, V) |
Filing 441 ORDER GRANTING Fourth Interim 437 Application for Payment of Fees and Reimbursement of Expenses of Receiver and his Professionals signed by Chief Judge Lawrence J. O'Neill on 11/7/2019. (Sant Agata, S) |
Filing 436 MEMORANDUM DECISION and ORDER re Supplemental Report of Receiver, David P. Stapleton, re Completion of Sale of Oil Company Assets signed by Chief Judge Lawrence J. O'Neill on 10/1/2019. (Jessen, A) |
Filing 434 STIPULATION and ORDER Directing the Turnover of Frozen Capital One Line of Credit Funds signed by Chief Judge Lawrence J. O'Neill on 8/6/2019. (Jessen, A) |
Filing 432 ORDER Unfreezing Margarita Nase's Capital One Funds signed by Chief Judge Lawrence J. O'Neill on 07/30/2019. (Flores, E) |
Filing 430 INTERIM ORDER ON SEC'S MOTION FOR TURNOVER OF DEFENDANT DANIEL NASE'S FROZEN CAPITAL ONE FUNDS (ECF No. 429) signed by Chief Judge Lawrence J. O'Neill on July 23, 2019. (Munoz, I) |
Filing 428 MEMORANDUM, DECISION and ORDER re statement of Capital One Bank(USA), N.A. regarding status of frozen funds in response to court order granting Plaintiff's Motion for Monetary Relief 327 signed by Chief Judge Lawrence J. O'Neill on 7/9/2019. (Lundstrom, T) |
Filing 427 Stipulation re: (1) Release of Valley Mortgage Investments, Inc.'s Claim for Attorneys' Fees and Costs; and (2) Withdrawal of Receiver's Surcharge Demand; ORDER Thereon, signed by Chief Judge Lawrence J. O'Neill on 6/12/19. (Marrujo, C) |
Filing 423 MEMORANDUM DECISION and ORDER RE: (1) Omnibus Motion of Receiver for Order: (1) Approving Receiver's Recommended Treatment of Claims; and (2) Authorizing Recommended Distribution on Allowed Claims 393 ; (2) Motion of Receiver for Order Instruct ing VMI to Make Payment to the Receiver 394 ; (3) VMI's Counter-Motion for Allowance and Payment of Attorney's Fees 398 ; (4) Statement of Capital One Bank (USA), N.A. Regarding Status of Frozen Funds in Response to Court Order Granting Plaintiff's Motion for Monetary Relief 418 ; and (5) Sixth Interim Report and Petition for Instructions 420 signed by Chief Judge Lawrence J. O'Neill on 5/16/2019. (Sant Agata, S) |
Filing 417 ORDER Regarding Settlement Conference set for March 28, 2019 at 9:30 AM before Magistrate Judge Barbara A. McAuliffe, signed by Magistrate Judge Barbara A. McAuliffe on 2/11/2019. PERSONAL Appearance by Plaintiff and Defense Counsel Required. (Valdez, E) |
Filing 414 ORDER GRANTING 412 Motion to Stay Case During Partial Government Shutdown, signed by Magistrate Judge Jennifer L. Thurston on 1/18/2019. The Settlement Conference set for 1/31/2019 is VACATED. The parties shall meet and confer on a new date for a settlement conference within seven days after the shut-down ends. (Hall, S) |
Filing 411 ORDER Regarding Settlement Conference set for January 31, 2019 at 10:00 AM before Magistrate Judge Barbara A. McAuliffe, signed by Magistrate Judge Barbara A. McAuliffe on 12/27/2018. PERSONAL Appearance by Plaintiff and Defense Counsel Required. (Valdez, E) |
Filing 401 ORDER RE PENDING MOTIONS REGARDING TREATMENT OF CLAIMS, PAYMENT TO RECEIVER, AND ATTORNEY'S FEES signed by Chief Judge Lawrence J. O'Neill on December 3, 2018. (Munoz, I) |
Filing 392 ORDER GRANTING THIRD INTERIM APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND HIS PROFESSIONALS; VACATING AUGUST 6, 2018 HEARING signed by Chief Judge Lawrence J. O'Neill on August 1, 2018. (ECF Nos. 377, 379) (Munoz, I) |
Filing 390 SUPPLEMENTAL ORDER on Motion of Receiver, David P. Stapleton, for Order Authorizing and Approving Sale of the Assets of WM Petroleum and Target Oil & Gas Drilling, Inc., signed by Chief Judge Lawrence J. O'Neill on 07/18/2018. (Flores, E) |
Filing 387 ORDER Granting Motion of Receiver, David P. Stapleton, for Order Authorizing and Approving Sale of the Assets of WM Petroleum and Target Oil & Gas Drilling, Inc.; Appointing Receiver to Conduct Auction for Qualified Bidders signed by Chief Judge Lawrence J. O'Neill on 07/16/2018. (Flores, E) |
Filing 381 ORDER GRANTING MOTION OF RECEIVER, DAVID P. STAPLETON, FOR ORDER AUTHORIZING AND APPROVING SALE OF THE ASSETS OF WM PETROLEUM AND TARGET OIL & GAS DRILLING, INC.; APPOINTING RECEIVER TO CONDUCT AUCTION FOR QUALIFIED BIDDERS signed by Chief Judge Lawrence J. O'Neill on July 10, 2018. (Munoz, I) |
Filing 375 ORDER AUTHORIZING Receiver's Sale of Real Property Located at 2101 Fairfax Rd., Bakersfield, CA 93306 signed by Chief Judge Lawrence J. O'Neill on 6/5/2018. (Sant Agata, S) |
Filing 372 ORDER Authorizing Receiver's Sale of Real Property located at 2101 Fairfax Road, Bakersfield, CA 93306, signed by Chief Judge Lawrence J. O'Neill on 05/02/2018. (Martin-Gill, S) |
Filing 368 ORDER Authorizing Receiver's Sale of Real Property Located at 1108 Wilson Avenue, Bakersfield, CA 93308, signed by Chief Judge Lawrence J. O'Neill on 04/23/2018. (Martin-Gill, S) |
Filing 364 ORDER re Stipulation Amending Oil Company Sales Procedures and Extending Associated Deadlines signed by Chief Judge Lawrence J. O'Neill on 4/10/2018. (Jessen, A) |
Filing 362 ORDER Authorizing Receiver's Sale of Real Property Located at 1413 Penny St., Bakersfield, CA 93306 signed by Chief Judge Lawrence J. O'Neill on 3/26/2018. (Jessen, A) |
Filing 360 ORDER authorizing receiver's sale of real property located at 1108 Wilson Avenue, Bakersfield, CA 93308 signed by Chief Judge Lawrence J. O'Neill on 3/8/2018. (Lundstrom, T) |
Filing 358 STIPULATION and ORDER re: Limited release of injunction to permit foreclosure of real property by secured creditor, Valley Mortgage Investments, Inc. signed by Chief Judge Lawrence J. O'Neill on 3/5/2018. (Lundstrom, T) |
Filing 356 ORDER AUTHORIZING Receiver's Sale of Real Property Located at 137 N. Stine Road, Bakersfield, CA 93309 signed by Chief Judge Lawrence J. O'Neill on 2/21/2018. (Jessen, A) |
Filing 353 ORDER AUTHORIZING Receiver's Sale of Real Property Located at 5612 Via Venezia, Bakersfield, CA 93306, signed by Chief Judge Lawrence J. O'Neill on 2/1/18. (Marrujo, C) |
Filing 352 ORDER AUTHORIZING Receiver's Sale of Real Property Located at 2101 Fairfax Rd., Bakersfield, CA 93306, signed by Chief Judge Lawrence J. O'Neill on 2/1/18. (Marrujo, C) |
Filing 349 ORDER GRANTING 330 Second Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals, signed by Chief Judge Lawrence J. O'Neill on 1/19/18. (Marrujo, C) |
Filing 348 ORDER AUTHORIZING RECEIVER'S SALE OF REAL PROPERTY LOCATED AT 2004 QUINCY ST., BAKERSFIELD, CA 93305 signed by Chief Judge Lawrence J. O'Neill on January 19, 2018. (Munoz, I) |
Filing 339 ORDER Authorizing Receiver's Sale of Real Property Located at 3418 Gardenia Ave., Bakersfield, CA 93306, signed by Chief Judge Lawrence J. O'Neill on 12/18/2017. (Hellings, J) |
Filing 335 MEMORANDUM DECISION and ORDER GRANTING Motion of Receiver, David P. Stapleton, for Order: (1) Establishing Summary Claims Procedures; (2) Setting Claims Bar Date; and (3) Approving Proposed Claim Form with Modification signed by Chief Judge Lawrence J. O'Neill on 12/13/2017. (Sant Agata, S) |
Filing 334 ORDER AUTHORIZING Receiver's Sale of Real Property Located at 2006 South I Street, Bakersfield, CA 93304 signed by Chief Judge Lawrence J. O'Neill on 12/12/2017. (Sant Agata, S) |
Filing 329 ORDER Authorizing Receiver's Sale of Real Property Located at 2309 Elton Avenue, Bakersfield, CA 93306 signed by Chief Judge Lawrence J. O'Neill on 12/08/2017. (Flores, E) |
Filing 326 ORDER AUTHORIZING Receiver's Sale of Real Property Located at 1420 Canyon Court, Bakersfield, CA 93307 signed by Chief Judge Lawrence J. O'Neill on 11/29/2017. (Sant Agata, S) |
Filing 320 ORDER GRANTING 306 Motion of Receiver, David P. Stapleton, for Order Extending Oil Company Asset Sale Deadlines signed by Chief Judge Lawrence J. O'Neill on 11/14/2017. (Sant Agata, S) |
Filing 318 ORDER AUTHORIZING Receiver's Sale of Real Property Located at 3009 River Blvd., Bakersfield, CA 93305 signed by Chief Judge Lawrence J. O'Neill on 11/14/2017. (Sant Agata, S) |
Filing 314 ORDER Authorizing Receiver's Sale of Real Property Located at 1413 Penny St., Bakersfield, CA 93306 signed by Chief Judge Lawrence J. O'Neill on 11/01/2017. (Flores, E) |
Filing 305 ORDER authorizing Receiver's sale of real property located at 15025 Colonia De Las Rosas Bakersfield, CA 93306 signed by Chief Judge Lawrence J. O'Neill on 10/13/2017. (Lundstrom, T) |
Filing 302 MEMORANDUM DECISION and ORDER GRANTING Receiver's 282 Motion for Appointment as Elisor for Purposes of Restoring Oil Company Property Interests to the Receivership Entities signed by Chief Judge Lawrence J. O'Neill on 10/12/2017. (Sant Agata, S) |
Filing 298 ORDER on Fourth Report and Petition for Further Instructions of Receiver, David P. Stapleton 295 , signed by Chief Judge Lawrence J. O'Neill on 10/5/17. (Hellings, J) |
Filing 294 ORDER Authorizing Receiver's Sale of Real Property Located at 1108 Wilson Avenue, Bakersfield, CA 93308, signed by Chief Judge Lawrence J. O'Neill on 9/25/17. (Hellings, J) |
Filing 289 ORDER AUTHORIZING RECEIVER'S SALE OF REAL PROPERTY LOCATED AT 8100 LEXINGTON AVE., BAKERSFIELD, CA 93306, signed by Chief Judge Lawrence J. O'Neill on 9/6/2017. (Kusamura, W) |
Filing 273 ORDER AUTHORIZING Receiver's Sale of Real Property Located at 4701 Cypress Glen Ct., Bakersfield, CA 93309 signed by Chief Judge Lawrence J. O'Neill on 08/02/2017. (Flores, E) |
Filing 269 ORDER GRANTING First Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals 245 , signed by Chief Judge Lawrence J. O'Neill on 7/27/17. (Hellings, J) |
Filing 264 ORDER AUTHORIZING Receiver's Sale of Real Property Located at 8321 Pioneer Drive, Bakersfield, CA 93306 signed by Chief Judge Lawrence J. O'Neill on 7/11/2017. (Sant Agata, S) |
Filing 252 ORDER Authorizing and Approving Receiver's Sales Procedures for Oil Company and Authorizing Receiver's Engagement of Oil Company Broker, signed by Chief Judge Lawrence J. O'Neill on 6/29/17. (Gonzalez, R) |
Filing 244 MEMORANDUM DECISION AND ORDER GRANTING Receiver's 220 Motion for Appointment as Elisor, signed by Chief Judge Lawrence J. O'Neill on 06/15/2017. (Martin-Gill, S) |
Filing 243 ORDER Authorizing Receiver's Sale of Real Property Located at 2013 Pictoria Drive, Bakersfield, CA 93306, signed by Chief Judge Lawrence J. O'Neill on 6/8/17. (Gonzalez, R) |
Filing 235 MEMORANDUM, DECISION, and ORDER Denying Without Prejudice Valley Mortgage Investments, Inc.'s 183 184 Motions for: (1) Relief From Stay on Noticing Loan Defaults for Properties Having Unmarketable Title (2) Providing Instructions to the Receiver (3) Attorneys Fees, signed by Chief Judge Lawrence J. O'Neill on 6/7/2017. (Gaumnitz, R) |
Filing 234 ORDER Authorizing Receiver's Sale of Real Property Located at 8913 Lanora Avenue, Bakersfield, CA 93306 signed by Chief Judge Lawrence J. O'Neill on 06/03/2017. (Flores, E) |
Filing 227 ORDER Authorizing Receiver's Sale of Real Property Located at 3101 Idaho Street, Bakersfield, CA 93305 signed by Chief Judge Lawrence J. O'Neill on 05/17/2017. (Flores, E) |
Filing 225 FINAL JUDGMENT as to Defendant Daniel R. Nase signed by Chief Judge Lawrence J. O'Neill on 5/4/2017. (Sant Agata, S) |
Filing 219 JUDGMENT as to Bic Real Estate Development Corporation, signed by Chief Judge Lawrence J. O'Neill on 5/1/17. (Marrujo, C) |
Filing 202 ORDER Authorizing Receiver's Sale of Real Property Located at 409 Villa Street, Bakersfiled, CA 93307 signed by Chief Judge Lawrence J. O'Neill on 04/10/2017. (Flores, E) |
Filing 188 ORDER GRANTING Stipulation Regarding Schedule for Briefing and Hearing on Plaintiff's Motion for Monetary Remedies,signed by Chief Judge Lawrence J. O'Neill on 03/31/17. (Case Management Deadline: 4/13/2017, Replies due by 4/20/2017, Motion Hearing set for 4/27/2017 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill) (Martin-Gill, S) |
Filing 181 ORDER Granting this Stipulation Regading Sale of the Residential Property Located at 1117 Adelaide signed by Chief Judge Lawrence J. O'Neill on 03/23/2017. (Flores, E) |
Filing 180 ORDER Authorizing Receiver's Sale of Real Property Located at 2813 Blade Avenue, Bakersfield, CA 93306-1928 signed by Chief Judge Lawrence J. O'Neill on 03/22/2017. (Flores, E) |
Filing 179 ORDER and STIPULATION to Dismiss Claims Against Relief Defendant Margarita Nase signed by Chief Judge Lawrence J. O'Neill on 03/22/2017. (Flores, E) |
Filing 169 MEMORANDUM DECISION and ORDER RE 164 Motion for Order Approving Settlement signed by Chief Judge Lawrence J. O'Neill on 3/4/2017. (Sant Agata, S) |
Filing 161 ORDER on Third Report and Petition for Further Instructions of Receiver, David P. Stapleton signed by Chief Judge Lawrence J. O'Neill on 1/26/2017. (Jessen, A) |
Filing 154 STIPULATION RE: VALLEY MORTGAGE INVESTMENTS, INC.'S CLAIM FOR ATTORNEYS' FEES AND COSTS; ORDER THEREON signed by Chief Judge Lawrence J. O'Neill on January 23, 2017. (Munoz, I) |
Filing 145 MEMORANDUM DECISION and ORDER DENYING 123 Sagar LLC's Motion to Intervene signed by Chief Judge Lawrence J. O'Neill on 1/9/2017. (Jessen, A) |
Filing 142 MEMORANDUM DECISION AND ORDER RE MOTION TO INTERVENE (Doc. 91) signed by Chief Judge Lawrence J. O'Neill on December 21, 2016. (Munoz, I) |
Filing 138 ORDER AUTHORIZING RECEIVER'S SALE OF REAL PROPERTY LOCATED AT 212 EAST ROBERTS LANE, BAKERSFIELD, CALIFORNIA 93308 signed by Chief Judge Lawrence J. O'Neill on December 13, 2016. (Munoz, I) |
Filing 132 ORDER Authorizing Receiver's Sale of Real Property Located at 5101 Dunsmuir Road, #10, Bakersfield, California 93309 signed by Chief Judge Lawrence J. O'Neill on 12/9/2016. (Valdez, E) |
Filing 131 ORDER Denying Motion to Vacate Trial and Pre-Trial Conference (Doc. 128) signed by Chief Judge Lawrence J. O'Neill on 12/8/2016; The motion is DENIED. The Court will not vacate any pretrial or trial dates unless and until the parties have resolved the case and filed a Notice of Settlement. (Valdez, E) |
Filing 122 ORDER MODIFYING Preliminary Injunction to Release Real Properties signed by Chief Judge Lawrence J. O'Neill on 11/30/2016. (Sant Agata, S) |
Filing 120 ORDER AUTHORIZING Receiver's Sale of Real Property Located at 3205 Mesa Dr., Bakersfield, CA 93306, signed by Chief Judge Lawrence J. O'Neill on 11/22/16. (Marrujo, C) |
Filing 111 ORDER authorizing receiver's sale of real property located at 410 Minner Avenue Bakersfield, CA 93308 signed by Chief Judge Lawrence J. O'Neill on 10/28/2016. (Lundstrom, T) |
Filing 110 ORDER FOR SUPPLEMENTAL BRIEFING signed by Chief Judge Lawrence J. O'Neill on October 27, 2016. (Munoz, I) |
Filing 108 ORDER Authorizing Receiver's Sale of Real Property Located at 137 Dunlap Street, Bakersfield, CA 93309, signed by Chief Judge Lawrence J. O'Neill on 10/19/16. (Hellings, J) |
Filing 106 ORDER Authorizing Receiver's Sale of Real Property Located at 5201 Dunsmuir Rd., Apt. 35, Bakersfield, CA 93309-8552 signed by Chief Judge Lawrence J. O'Neill on 10/12/2016. (Jessen, A) |
Filing 93 ORDER GRANTING Stipulation to Waive Requirements of 28:2001(a) and (b) in Connection with and to Establish Sales Procedures for Receiver's Sales of Residential Real Property, signed by Chief Judge Lawrence J. O'Neill on 9/19/2016. (Martin-Gill, S) |
Filing 86 ORDER re Receiver's Supplemental Status Report, signed by Chief Judge Lawrence J. O'Neill on 8/16/16. (Marrujo, C) |
Filing 83 JUDGMENT as to Defendant, Daniel R. Nase signed by Chief Judge Lawrence J. O'Neill on 7/26/2016. (Lundstrom, T) |
Filing 76 ORDER on First Interim Report and Petition for Further Instructions of Receiver, David P. Stapleton, signed by Chief Judge Lawrence J. O'Neill on 6/14/16. (Marrujo, C) |
Filing 66 ORDER AFTER INFORMAL CONFERENCE re: Imaging the Personal Computers of Daniel Nase and Margaria Nase, signed by Magistrate Judge Jennifer L. Thurston on 5/16/2016. (Hall, S) |
Filing 64 SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 5/12/2016. Consent/Decline Deadline 5/23/2016. Pleading Amendment Deadline 8/15/2016. Discovery Deadlines: Non-Expert 11/4/2016; Expert 12/30/2016. Mid-Discovery Status Conferen ce set for 9/12/2016 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 1/11/2017; Hearing by 2/8/2017. Dispositive Motion Deadlines: Filed by 1/11/2017; Hearing by 2/22/2017. Settlement Conference set for 7/18/2016 at 01:30 PM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 4/25/2017 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. Jury Trial set for 6/20/2017 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Hall, S) |
Filing 63 ORDER RE: DISCOVERY ISSUES, signed by Magistrate Judge Jennifer L. Thurston on 5/11/2016. (Hall, S) |
Filing 58 SUPPLEMENTAL ORDER IN AID OF RECEIVERSHIP signed by Chief Judge Lawrence J. O'Neill on May 6, 2016. (Munoz, I) |
Filing 48 STIPULATION AND ORDER REGARDING (1) DEPOSIT OF CAPITAL ONE CHECKS; (2) UNEMPLOYMENT CHECKS; AND (3) STUDENT LOANS signed by District Judge Lawrence J. O'Neill on April 22, 2016. (Munoz, I) |
Filing 46 ORDER RE RECEIVERS STATEMENT OF ANALYSIS OF SOURCE OF FUNDS IN DEFENDANTS PERSONAL ACCOUNT (Doc. 44) signed by District Judge Lawrence J. O'Neill on April 18, 2016. (Munoz, I) |
Filing 43 ORDER RE EX PARTE APPLICATION (Doc. 38) signed by District Judge Lawrence J. O'Neill on April 12, 2016. (Munoz, I) |
Filing 42 STIPULATED PRELIMINARY INJUNCTION AND ORDERS (1) FREEZING ASSETS, AND (2) APPOINTING A PERMANENT RECEIVER, signed by District Judge Lawrence J. O'Neill on 4/8/2016. (Kusamura, W) |
Filing 34 ORDER ON STIPULATION TO ALLOW TRANSFER OF REAL PROPERTIES TO DEFENDANT BIC REAL ESTATE DEVELOPMENT CORPORATION BY DANIEL E. NASE AND OSCAR ARGUETA signed by District Judge Lawrence J. O'Neill on April 1, 2016. (Munoz, I) |
Filing 20 ORDER ON STIPULATION TO ALLOW ISSUANCE OF DOCUMENT SUBPOENAS TO THIRD PARTIES signed by District Judge Lawrence J. O'Neill on March 22, 2016. (Munoz, I) |
Filing 13 ORDER ON HEARING REGARDING TEMPORARY RESTRAINING ORDER signed by District Judge Lawrence J. O'Neill on March 15, 2016. Preliminary Injunction Hearing set for 4/1/2016 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Munoz, I) |
Filing 10 TEMPORARY RESTRAINING ORDER signed by District Judge Lawrence J. O'Neill on March 11, 2016. (Munoz, I) |
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