City and County of San Francisco v. Azar II et al
Plaintiff: City and County of San Francisco
Defendant: Roger Severino, U.S. Department of Health and Human Services, Alex M. Azar II, Does 1-25 and Alex M. Azar, II
Petitioner: State of California, by and through Attorney General Xavier Becerra
Interested Party: County of Santa Clara
Amicus Curiae: Service Employees International Union, Local 1021 and Institute for Policy Integrity
Case Number: 3:2019cv02405
Filed: May 2, 2019
Court: US District Court for the Northern District of California
Office: San Francisco Office
Presiding Judge: William Alsup
Referring Judge: Joseph C Spero
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 46:1156
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 1, 2019 Opinion or Order Filing 67 ORDER DENYING #59 MOTION FOR LEAVE TO FILE AMICUS BRIEF by Judge William Alsup. (whalc1, COURT STAFF) (Filed on 7/1/2019)
July 1, 2019 Set/Reset Hearing re (51 in 3:19-cv-02916-WHA) Order: Preliminary Injunction Hearing and Initial Case Management Conference VACATED (tlhS, COURT STAFF) (Filed on 7/1/2019)
July 1, 2019 Opinion or Order Filing 66 ORDER RE STIPULATED REQUEST AND BRIEFING SCHEDULE. Signed by Judge Alsup on 7/1/2019. (whalc1, COURT STAFF) (Filed on 7/1/2019)
June 29, 2019 Opinion or Order Filing 65 ORDER RE (64) STIPULATED REQUEST by Judge William Alsup in case 3:19-cv-02405-WHA. Associated Cases: 3:19-cv-02769-WHA, 3:19-cv-02916-WHA (whalc1, COURT STAFF) (Filed on 6/29/2019)
June 28, 2019 Filing 64 STIPULATION WITH PROPOSED ORDER to Postpone Final Rule's Effective Date; Hold Plaintiffs' Preliminary Injunction Motions in Abeyance; and Set Summary Judgment Briefing Schedule filed by Alex M. Azar, II, Roger Severino, U.S. Department of Health and Human Services, City and County of San Francisco and State of California, by and through Attorney General Xavier Becerra. (Attachments: #1 Declaration Takemoto)(Takemoto, Benjamin) (Filed on 6/28/2019) Modified on 7/1/2019 (amgS, COURT STAFF).
June 28, 2019 Opinion or Order Filing 63 ORDER GRANTING (57) ADMINISTRATIVE MOTION TO ENLARGE PAGE LIMIT by Judge William Alsup in case 3:19-cv-02405-WHA. Associated Cases: 3:19-cv-02769-WHA, 3:19-cv-02916-WHA (whalc1, COURT STAFF) (Filed on 6/28/2019)
June 28, 2019 Filing 62 Proposed Order re #59 MOTION for Leave to File Amicus Brief in support of Plaintiff's Motion for Preliminary Injunction by Service Employees International Union, Local 1021. (Lopez, Xochitl) (Filed on 6/28/2019)
June 28, 2019 Filing 61 Declaration of Rachel Perry in Support of #59 MOTION for Leave to File Amicus Brief in support of Plaintiff's Motion for Preliminary Injunction filed byService Employees International Union, Local 1021. (Related document(s) #59 ) (Lopez, Xochitl) (Filed on 6/28/2019)
June 28, 2019 Filing 60 Declaration of Sasha Cuttler in Support of #59 MOTION for Leave to File Amicus Brief in support of Plaintiff's Motion for Preliminary Injunction filed byService Employees International Union, Local 1021. (Related document(s) #59 ) (Lopez, Xochitl) (Filed on 6/28/2019)
June 28, 2019 Filing 59 MOTION for Leave to File Amicus Brief in support of Plaintiff's Motion for Preliminary Injunction filed by Service Employees International Union, Local 1021. (Lopez, Xochitl) (Filed on 6/28/2019)
June 28, 2019 Filing 58 ERRATA re #57 ADMINISTRATIVE MOTION to Enlarge the Page Limit for Defendants' Preliminary Injunction Opposition by Alex M. Azar, II, Roger Severino, U.S. Department of Health and Human Services. (Takemoto, Benjamin) (Filed on 6/28/2019)
June 27, 2019 Filing 57 ADMINISTRATIVE MOTION to Enlarge the Page Limit for Defendants' Preliminary Injunction Opposition filed by Alex M. Azar, II, Roger Severino, U.S. Department of Health and Human Services. Responses due by 7/1/2019. (Attachments: #1 Declaration Takemoto, #2 Proposed Order)(Takemoto, Benjamin) (Filed on 6/27/2019)
June 27, 2019 Filing 56 STIPULATION Joint Administrative Motion for Relief from Automatic Referral to the ADR Multi-Option Program filed by City and County of San Francisco, County of Santa Clara, State of California, by and through Attorney General Xavier Becerra . (Attachments: #1 Proposed Order)(Eisenberg, Sara) (Filed on 6/27/2019) Modified on 6/27/2019 (amgS, COURT STAFF).
June 27, 2019 Filing 55 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmfS, COURT STAFF) (Filed on 6/27/2019)
June 27, 2019 Opinion or Order Filing 54 ORDER RE ADMINISTRATIVE MOTION TO ADJUST SCHEDULE (denying (50) in case 3:19-cv-02405-WHA; denying (34) in case 3:19-cv-02769-WHA; denying (45) in case 3:19-cv-02916-WHA) by Judge Alsup. (whalc1, COURT STAFF) (Filed on 6/27/2019)
June 26, 2019 Filing 53 Proposed Order re #51 Opposition/Response to Motion, [Proposed] Order In Support of Plaintiff City and County of San Francisco's Opposition to Defendants' Administrative Motion by City and County of San Francisco. (Huling Delaye, Jaime) (Filed on 6/26/2019)
June 26, 2019 Filing 52 Declaration of Sara J. Eisenberg in Support of #51 Opposition/Response to Motion, Declaration of Sara J. Eisenberg in Support of Plaintiff City and County of San Francisco's Opposition to Defendants' Administrative Motion filed byCity and County of San Francisco. (Related document(s) #51 ) (Huling Delaye, Jaime) (Filed on 6/26/2019)
June 26, 2019 Filing 51 OPPOSITION/RESPONSE (re #50 ADMINISTRATIVE MOTION to Establish a Summary Judgment Briefing Schedule or, in the Alternative, to Enlarge Time to File Preliminary Injunction Opposition ) filed byCity and County of San Francisco. (Huling Delaye, Jaime) (Filed on 6/26/2019)
June 25, 2019 Filing 50 ADMINISTRATIVE MOTION to Establish a Summary Judgment Briefing Schedule or, in the Alternative, to Enlarge Time to File Preliminary Injunction Opposition filed by Alex M. Azar, II, Roger Severino, U.S. Department of Health and Human Services. Responses due by 7/1/2019. (Attachments: #1 Declaration Takemoto, #2 Proposed Order)(Takemoto, Benjamin) (Filed on 6/25/2019)
June 25, 2019 Opinion or Order Filing 49 ORDER by Judge William Alsup granting #48 Motion for Pro Hac Vice as to attorney Jack Lienke. (tlhS, COURT STAFF) (Filed on 6/25/2019)
June 25, 2019 Filing 48 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13464831.) filed by Institute for Policy Integrity. (Attachments: #1 Exhibit Certificate of Good Standing)(Lienke, Jack) (Filed on 6/25/2019)
June 24, 2019 Opinion or Order Filing 47 ORDER by Judge William Alsup granting #46 Motion for Pro Hac Vice as to attorney Justin Gundlach. (tlhS, COURT STAFF) (Filed on 6/24/2019)
June 24, 2019 Filing 46 Second MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13460210.) Filing fee previously paid on 6/22/2019 filed by Institute for Policy Integrity. (Attachments: #1 Certificate of good standing)(Gundlach, Justin) (Filed on 6/24/2019)
June 24, 2019 Opinion or Order Filing 45 ORDER by Judge William Alsup denying #43 Motion for Pro Hac Vice as to attorney Justin Gundlach. (tlhS, COURT STAFF) (Filed on 6/24/2019)
June 24, 2019 Opinion or Order Filing 44 ORDER GRANTING MOTION TO FILE AMICUS CURIAE by Judge William Alsup (granting (41) in case 3:19-cv-02405-WHA, granting (31) in case 3:19-cv-02769-WHA, and granting (42) in case 3:19-cv-02405-WHA). (whalc1, COURT STAFF) (Filed on 6/24/2019)
June 22, 2019 Filing 43 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13460210.) filed by Institute for Policy Integrity. (Attachments: #1 Certificate of good standing)(Gundlach, Justin) (Filed on 6/22/2019)
June 21, 2019 Filing 42 NOTICE of Appearance by Denise Antonia Grab (Grab, Denise) (Filed on 6/21/2019)
June 21, 2019 Filing 41 Consent MOTION to File Amicus Curiae Brief filed by Institute for Policy Integrity. Responses due by 7/5/2019. Replies due by 7/12/2019. (Attachments: #1 Exhibit Proposed Amicus Brief, #2 Proposed Order)(Grab, Denise) (Filed on 6/21/2019)
June 14, 2019 Filing 40 CLERK'S NOTICE SCHEDULING CMC ON REASSIGNMENT: Case Management Statement due by 7/10/2019. Initial Case Management Conference set for 7/17/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor. Standing orders can be downloaded from the Court's web page at www.cand.uscourts.gov/whaorders. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 6/14/2019)
June 14, 2019 Opinion or Order Filing 39 ORDER SETTING BRIEFING SCHEDULE ON MOTIONS FOR PROVISIONAL RELIEF AND SETTING HEARING FOR 7/17/2019 08:00 AM. Signed by Judge Alsup on 6/14/2019. (whalc1, COURT STAFF) (Filed on 6/14/2019)
June 13, 2019 Opinion or Order Filing 38 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 6/13/19. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 6/13/2019)
June 13, 2019 Opinion or Order Filing 37 ORDER by Judge Joseph C. Spero granting #13 Motion to Relate Case, relating this case to State of California v. Azar, et al., Case No. 3:19-cv-02769 HSG and County of Santa Clara et al. v. U.S Dept of Health and Human Svcs., et al., Case No. 5:19-cv-2916 NC. The Clerk is instructed to reassign all three of the related case to a randomly assigned district judge. (jcslc1S, COURT STAFF) (Filed on 6/13/2019)
June 12, 2019 Filing 36 ADMINISTRATIVE MOTION Extend Time for Defendants to Respond to Plaintiff's Motion for a Preliminary Injunction filed by Alex M. Azar, II, Roger Severino, U.S. Department of Health and Human Services. Responses due by 6/17/2019. (Attachments: #1 Declaration, #2 Proposed Order)(Kopplin, Rebecca) (Filed on 6/12/2019)
June 11, 2019 Filing 35 NOTICE of Appearance by Benjamin Thomas Takemoto (Takemoto, Benjamin) (Filed on 6/11/2019)
June 10, 2019 Filing 34 CERTIFICATE OF SERVICE by City and County of San Francisco SUPPLEMENTAL PROOF OF SERVICE (Eisenberg, Sara) (Filed on 6/10/2019)
June 7, 2019 Filing 33 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alex M. Azar, II, Roger Severino, U.S. Department of Health and Human Services.. (Kopplin, Rebecca) (Filed on 6/7/2019)
June 7, 2019 Filing 32 OPPOSITION/RESPONSE (re #13 MOTION to Relate Case TO CONSIDER WHETHER CASES SHOULD BE RELATED ) filed byAlex M. Azar, II, Roger Severino, U.S. Department of Health and Human Services. (Kopplin, Rebecca) (Filed on 6/7/2019)
June 7, 2019 Filing 31 NOTICE of Appearance by Rebecca M. Kopplin (Kopplin, Rebecca) (Filed on 6/7/2019)
June 4, 2019 Filing 30 NOTICE by County of Santa Clara re #13 MOTION to Relate Case Notice of Agreement of the Plaintiffs in the County of Santa Clara Case to California's Administrative Motion to Consider Whether Cases Should be Related (Rubin, Lee) (Filed on 6/4/2019) Modified on 6/8/2019 (gbaS, COURT STAFF).
June 4, 2019 Filing 29 CLERK'S NOTICE Re: Consent or Declination: All Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 6/11/2019. (klhS, COURT STAFF) (Filed on 6/4/2019)
June 4, 2019 Filing 28 CERTIFICATE OF SERVICE by City and County of San Francisco re #25 Declaration in Support, #24 Declaration in Support, #20 Declaration in Support, #26 Request for Judicial Notice, #16 Declaration in Support, #18 Declaration in Support, #15 Declaration in Support, #19 Declaration in Support, #27 Proposed Order, #22 Declaration in Support, #14 MOTION for Preliminary Injunction , #21 Declaration in Support, #23 Declaration in Support, #17 Declaration in Support (Eisenberg, Sara) (Filed on 6/4/2019)
June 3, 2019 Filing 27 Proposed Order re #14 MOTION for Preliminary Injunction by City and County of San Francisco. (Eisenberg, Sara) (Filed on 6/3/2019)
June 3, 2019 Filing 26 Request for Judicial Notice re #14 MOTION for Preliminary Injunction filed byCity and County of San Francisco. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Related document(s) #14 ) (Eisenberg, Sara) (Filed on 6/3/2019)
June 3, 2019 Filing 25 Declaration of Dr. Barry Zevin in Support of #14 MOTION for Preliminary Injunction filed byCity and County of San Francisco. (Related document(s) #14 ) (Eisenberg, Sara) (Filed on 6/3/2019)
June 3, 2019 Filing 24 Declaration of Seth Pardo in Support of #14 MOTION for Preliminary Injunction filed byCity and County of San Francisco. (Related document(s) #14 ) (Eisenberg, Sara) (Filed on 6/3/2019)
June 3, 2019 Filing 23 Declaration of Ron Weigelt in Support of #14 MOTION for Preliminary Injunction filed byCity and County of San Francisco. (Related document(s) #14 ) (Eisenberg, Sara) (Filed on 6/3/2019)
June 3, 2019 Filing 22 Declaration of Greg Wagner in Support of #14 MOTION for Preliminary Injunction filed byCity and County of San Francisco. (Related document(s) #14 ) (Eisenberg, Sara) (Filed on 6/3/2019)
June 3, 2019 Filing 21 Declaration of Christine Siador in Support of #14 MOTION for Preliminary Injunction filed byCity and County of San Francisco. (Related document(s) #14 ) (Eisenberg, Sara) (Filed on 6/3/2019)
June 3, 2019 Filing 20 Declaration of Shivaun Nestor in Support of #14 MOTION for Preliminary Injunction filed byCity and County of San Francisco. (Related document(s) #14 ) (Eisenberg, Sara) (Filed on 6/3/2019)
June 3, 2019 Filing 19 Declaration of Dr. Eleanor Drey in Support of #14 MOTION for Preliminary Injunction filed byCity and County of San Francisco. (Related document(s) #14 ) (Eisenberg, Sara) (Filed on 6/3/2019)
June 3, 2019 Filing 18 Declaration of Dr. Alice Chen in Support of #14 MOTION for Preliminary Injunction filed byCity and County of San Francisco. (Related document(s) #14 ) (Eisenberg, Sara) (Filed on 6/3/2019)
June 3, 2019 Filing 17 Declaration of Dr. Christopher Colwell in Support of #14 MOTION for Preliminary Injunction filed byCity and County of San Francisco. (Related document(s) #14 ) (Eisenberg, Sara) (Filed on 6/3/2019)
June 3, 2019 Filing 16 Declaration of Ben Rosenfield in Support of #14 MOTION for Preliminary Injunction filed byCity and County of San Francisco. (Related document(s) #14 ) (Eisenberg, Sara) (Filed on 6/3/2019)
June 3, 2019 Filing 15 Declaration of Dr. Grant Colfax in Support of #14 MOTION for Preliminary Injunction filed byCity and County of San Francisco. (Related document(s) #14 ) (Eisenberg, Sara) (Filed on 6/3/2019)
June 3, 2019 Filing 14 MOTION for Preliminary Injunction filed by City and County of San Francisco. Motion Hearing set for 7/12/2019 10:30 AM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 6/17/2019. Replies due by 6/24/2019. (Eisenberg, Sara) (Filed on 6/3/2019)
June 3, 2019 Filing 13 MOTION to Relate Case filed by State of California, by and through Attorney General Xavier Becerra. (Attachments: #1 Proposed Order, #2 Declaration, #3 Certificate/Proof of Service)(Boergers, Kathleen) (Filed on 6/3/2019) Modified on 6/8/2019 (gbaS, COURT STAFF).
May 14, 2019 Filing 12 CERTIFICATE OF SERVICE by City and County of San Francisco re #11 Consent/Declination to Proceed Before a US Magistrate Judge Proof of Service (Eisenberg, Sara) (Filed on 5/14/2019)
May 14, 2019 Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City and County of San Francisco.. (Eisenberg, Sara) (Filed on 5/14/2019)
May 9, 2019 Filing 10 CERTIFICATE OF SERVICE by City and County of San Francisco Proof of Service (Eisenberg, Sara) (Filed on 5/9/2019)
May 8, 2019 Filing 9 Summons Issued as to Alex M. Azar, II, Roger Severino, U.S. Department of Health and Human Services. (gbaS, COURT STAFF) (Filed on 5/8/2019)
May 8, 2019 Filing 8 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/26/2019. Initial Case Management Conference set for 8/2/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 5/8/2019)
May 3, 2019 Filing 7 NOTICE of Appearance of Counsel by Yvonne Rosil Mere (Mere, Yvonne) (Filed on 5/3/2019) Modified on 5/8/2019 (gbaS, COURT STAFF).
May 3, 2019 Filing 6 NOTICE of Appearance of Counsel by Jaime Marie Huling Delaye (Huling Delaye, Jaime) (Filed on 5/3/2019) Modified on 5/8/2019 (gbaS, COURT STAFF).
May 3, 2019 Filing 5 NOTICE of Appearance of Counsel by Sara Jennifer Eisenberg (Eisenberg, Sara) (Filed on 5/3/2019) Modified on 5/8/2019 (gbaS, COURT STAFF).
May 3, 2019 Filing 4 NOTICE of Appearance of Counsel by Ronald P. Flynn (Flynn, Ronald) (Filed on 5/3/2019) Modified on 5/8/2019 (gbaS, COURT STAFF).
May 2, 2019 Filing 3 Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/16/2019. (srnS, COURT STAFF) (Filed on 5/2/2019)
May 2, 2019 Filing 2 Proposed Summons. (Herrera, Dennis) (Filed on 5/2/2019)
May 2, 2019 Filing 1 COMPLAINT for Declaratory and Injunctive Relief against Alex M. Azar II, Roger Severino, U.S. Department of Health and Human Services (Filing fee $ 400.00, receipt number 0971-13312627.). Filed by City and County of San Francisco. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (Herrera, Dennis) (Filed on 5/2/2019) Modified on 5/8/2019 (gbaS, COURT STAFF).
May 2, 2019 Filing 1 COMPLAINT for Declaratory and Injunctive Relief against Alex M. Azar II, Does 1-25, Roger Severino, U.S. Department of Health and Human Services ( Filing fee $ 400, receipt number 0971-13312627.). Filed byCity and County of San Francisco. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Herrera, Dennis) (Filed on 5/2/2019)

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Search for this case: City and County of San Francisco v. Azar II et al
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Plaintiff: City and County of San Francisco
Represented By: Dennis J. Herrera
Represented By: Ronald P. Flynn
Represented By: Jaime Marie Huling Delaye
Represented By: Sara Jennifer Eisenberg
Represented By: Yvonne Rosil Mere
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Defendant: Roger Severino
Represented By: Rebecca M. Kopplin
Represented By: Benjamin Thomas Takemoto
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Defendant: U.S. Department of Health and Human Services
Represented By: Rebecca M. Kopplin
Represented By: Benjamin Thomas Takemoto
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Defendant: Alex M. Azar II
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Defendant: Does 1-25
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Defendant: Alex M. Azar, II
Represented By: Rebecca M. Kopplin
Represented By: Benjamin Thomas Takemoto
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Petitioner: State of California, by and through Attorney General Xavier Becerra
Represented By: Kathleen Boergers
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Interested party: County of Santa Clara
Represented By: Lee H. Rubin
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Amicus curiae: Service Employees International Union, Local 1021
Represented By: Xochitl A. Lopez
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Amicus curiae: Institute for Policy Integrity
Represented By: Denise Antonia Grab
Represented By: Justin Gundlach
Represented By: Jack Lienke
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