Bowdry v. BMW North America, LLC et al
| Steven Bowdry |
| BMW North America, LLC |
| 4:2022cv01012 |
| February 18, 2022 |
| US District Court for the Northern District of California |
| Sallie Kim |
| Jon S Tigar |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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This docket was last retrieved on August 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 51 CLERK'S NOTICE CONTINUING MOTION HEARING RE #45 MOTION to Dismiss. Motion Hearing reset to 2/13/2023 at 02:30 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than February 10, 2023 no later than 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.g ov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 1/31/2023) |
| Filing 50 REPLY (re #45 MOTION to Dismiss ) filed byBMW North America, LLC. (Wagner, C. Brian) (Filed on 1/10/2023) |
Filing 49
AMENDED SCHEDULING ORDER. Signed by Judge Jon S. Tigar on 1/6/2023. Summary Judgment Motion due by 4/6/2023. Defendant's Opposition due by 5/4/2023. Plaintiff's Reply due by 5/18/2023. Defendant's Reply due by 6/1/2023. Motion Hearing set for 6/29/2023 at 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. Pretrial Conference Statement due by 9/1/2023. Pretrial Conference set for 9/8/2023 at 02:00 PM in Oakland, - To be determined before Judge Jon S. Tigar. Jury Selection and Jury Trial (4 Days) set for 10/2/2023 08:00 AM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. (bns, COURT STAFF) (Filed on 1/6/2023)
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| Filing 48 STIPULATION WITH PROPOSED ORDER to Extend Dispositive Motion Hearing Deadline, Order Thereon filed by Steven Bowdry and BMW North America, LLC. (Agyeman, Isaac) (Filed on 1/4/2023) Modified on 1/5/2023 (jml, COURT STAFF). |
| Filing 47 OPPOSITION/RESPONSE (re #45 MOTION to Dismiss ) filed bySteven Bowdry. (Attachments: #1 Declaration of Isaac S. Agyeman in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Agyeman, Isaac) (Filed on 1/3/2023) |
| Filing 46 CLERK'S NOTICE CONTINUING MOTION HEARING. (This is a text-only entry generated by the court. There is no document associated with this entry.). The motion hearing set for 1/26/2023 is CONTINUED due to being set on a date that is listed as closed to further setting s on Judge Tigar's calendar. Set/Reset Deadlines as to #45 MOTION to Dismiss DEFENDANT BMW OF NORTH AMERICA, LLCS NOTICE OF MOTION AND MOTION TO DISMISS THE COMPLAINT PURSUANT TO FED. R. CIV. P. 12(B)(6) AND 9(B) AND REQUEST FOR SANCTIONS.,. Motion Hearing set for 2/9/2023 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wi sh to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than February 8, 2023 by 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 2/9/2023 0 2:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. (mll, COURT STAFF) (Filed on 12/20/2022) |
| Filing 45 MOTION to Dismiss THE COMPLAINT PURSUANT TO FED. R. CIV. P. 12(B)(6) AND 9(B) AND REQUEST FOR SANCTIONS filed by BMW North America, LLC. Motion Hearing set for 1/26/2023 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 1/3/2023. Replies due by 1/10/2023. (Attachments: #1 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT BMW OF NORTH AMERICA, LLCS MOTION TO DISMISS THE COMPLAINT PURSUANT TO FED. R. CIV. P. 12(B)(6) AND 9(B) AND REQUEST FOR SANCTIONS, #2 Declaration DECLARATION OF C. BRIAN WAGNER IN SUPPORT OF DEFENDANT BMW OF NORTH AMERICA, LLCS MOTION TO DISMISS THE COMPLAINT PURSUANT TO FED. R. CIV. P. 12(B)(6) AND 9(B) AND REQUEST FOR SANCTIONS, #3 Proposed Order)(Wagner, C. Brian) (Filed on 12/20/2022) Modified on 12/21/2022 (jml, COURT STAFF). |
| Filing 44 SECOND AMENDED COMPLAINT against BMW North America, LLC. Filed by Steven Bowdry. (Agyeman, Isaac) (Filed on 12/12/2022) Modified on 12/13/2022 (jml, COURT STAFF). |
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Filing 43
ORDER APPROVING STIPULATED REQUEST FOR LEAVE TO FILE SECOND AMENDED COMPLAINT by Judge Jon S. Tigar granting #41 Stipulation. Amended Pleadings due by 12/12/2022.(mll, COURT STAFF) (Filed on 12/5/2022)
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Filing 42
ORDER re #40 Stipulation filed by BMW North America, LLC, Steven Bowdry. The Court approves the parties' stipulated request to extend the fact discovery cutoff to January 18, 2023, to complete the depositions of BMW of North America and Henry Sipor. Signed by Judge Jon S. Tigar on December 2, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jstlc3, COURT STAFF) (Filed on 12/2/2022)
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| Filing 41 STIPULATION WITH PROPOSED ORDER Granting Plaintiff Leave to File a Second Amended Complaint filed by Steven Bowdry and BMW North America, LLC. (Attachments: #1 Exhibit A)(Agyeman, Isaac) (Filed on 12/1/2022) Modified on 12/2/2022 (jml, COURT STAFF). |
| Filing 40 STIPULATION to Extend Discovery Deadlines, Order Thereon filed by Steven Bowdry and BMW North America, LLC. (Agyeman, Isaac) (Filed on 11/30/2022) Modified on 12/1/2022 (jml, COURT STAFF). |
| Filing 39 Certification of ADR Session by Mediator Claudia Vetesi: I hereby certify that the parties in this matter held a Mediation session on September 15, 2022. The case did not settle. Further facilitated discussions are not expected. Mediation is complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 10/6/2022) |
| Filing 38 ***PLEASE DISREGARD. POSTED IN ERROR.***ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Certification Of ADR Session (Vetesi, Claudia) (Filed on 10/4/2022) Modified on 10/6/2022 (af, COURT STAFF). |
| Set/Reset Hearing Mediation Hearing set for 9/15/2022 09:30 AM via Zoom. (af, COURT STAFF) (Filed on 8/18/2022) |
| Filing 37 ADR Clerk's Notice Appointing Claudia Vetesi as Mediator. (af, COURT STAFF) (Filed on 7/20/2022) |
| Filing 36 ANSWER to First Amended Complaint by BMW North America, LLC. (Wagner, C. Brian) (Filed on 7/18/2022) Modified on 7/19/2022 (jml, COURT STAFF). |
| Filing 35 AMENDED COMPLAINT against All Defendants. Filed bySteven Bowdry. (Agyeman, Isaac) (Filed on 7/15/2022) |
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Filing 34
ORDER by Judge Jon S. Tigar granting #33 Stipulated request to file amended complaint. Plaintiff shall file the amended complaint by 7/18/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jstlc3, COURT STAFF) (Filed on 7/11/2022)
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| Filing 33 STIPULATION WITH PROPOSED ORDER Granting Plaintiff Leave to File First Amended Complaint filed by Steven Bowdry and BMW North America, LLC. (Attachments: #1 Attachment A - Amended Complaint)(Agyeman, Isaac) (Filed on 7/8/2022) Modified on 7/8/2022 (jml, COURT STAFF). |
| Filing 32 Certificate/Proof of Service of NOTICE of Substitution of Counsel by Brian Ming Hom (Hom, Brian) (Filed on 6/29/2022) Modified on 6/30/2022 (anj, COURT STAFF). |
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Filing 31
Order by Judge Jon S. Tigar granting #30 Motion to Substitute Attorney..(mll, COURT STAFF) (Filed on 6/29/2022)
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| Filing 30 MOTION to Substitute Attorney filed by BMW North America, LLC. (Miner, Olivia) (Filed on 6/29/2022) |
| Filing 29 CASE REFERRED to Mediation. (mll, COURT STAFF) (Filed on 6/29/2022) |
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Filing 28
ORDER REFERRING CASE TO MEDIATION by Judge Jon S. Tigar denying #27 Stipulation selecting Early Settlement Conference with a Magistrate Judge.(mll, COURT STAFF) (Filed on 6/29/2022)
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| Filing 27 STIPULATION and Proposed Order selecting Early Settlement Conference with a Magistrate Judge by Steven Bowdry, BMW North America, LLC filed by Steven Bowdry. (Agyeman, Isaac) (Filed on 6/28/2022) Modified on 6/29/2022 (anj, COURT STAFF). |
| Filing 26 NOTICE of Substitution of Counsel by Olivia Miner (Miner, Olivia) (Filed on 6/28/2022) |
| #Electronic filing error. Incorrect event used. The correct event is Motion. Please re-file using the following event: Civil Events > Motions and Related Filings > Motions > gt; General > Substitute Attorney. [err101] Re: #26 Notice of Substitution of Counsel filed by BMW North America, LLC (anj, COURT STAFF) (Filed on 6/28/2022) |
| Filing 25 NOTICE of Appearance by C. Brian Wagner (Wagner, C. Brian) (Filed on 6/27/2022) |
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Filing 24
SCHEDULING ORDER. Amended Pleadings due by 7/10/2022. Close of Expert Discovery due by 1/6/2023. Close of Fact Discovery due by 11/30/2022. Designation of Experts due by 11/30/2022. Proposed Pretrial Order due by 4/14/2023. Rebuttal Reports due by 12/14/2022. Motion Hearing set for 2/9/2023 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. Pretrial Conference set for 4/21/2023 02:00 PM in Oakland, - To be determined before Judge Jon S. Tigar. Jury Selection set for 5/15/2023 - 5/18/2023 08:00 AM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on June 21, 2022. (mll, COURT STAFF) (Filed on 6/21/2022)
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| Filing 23 Minute Entry for proceedings held before Judge Jon S. Tigar: Initial Case Management Conference held on 6/21/2022. Hearing held via Zoom videoconference. The parties are ordered to meet and confer about, and make a joint proposal regarding, the form of mediation in which parties will participate. If the parties are unable to agree, they must submit competing proposals. In the latter event, the Court will endeavor to choose, in all respects, the single proposal it concludes is most reasonable. Written scheduling order to issue. Joint or competing proposals due by 6/28/2022.Total Time in Court: 30 minutes. Court Reporter: N/A. Plaintiff Attorney: Scott Kaufman for Isaac Agyeman. Defendant Attorney: C. Brian Wagner. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Date Filed: 6/21/2022) |
| Filing 22 Certificate of Interested Entities by Steven Bowdry (Agyeman, Isaac) (Filed on 6/14/2022) |
| Filing 21 JOINT CASE MANAGEMENT STATEMENT & Proposed Order filed by Steven Bowdry and BWM of North America LLC. (Agyeman, Isaac) (Filed on 6/14/2022) Modified on 6/15/2022 (jml, COURT STAFF). |
| Filing 20 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. (This is a text-only entry generated by the court. There is no document associated with this entry.). The case management conference set for 5/31/2022 is CONTINUED. Case Management Statement due by 6/14/2022. Initial Case Management Conference set for 6/21/2022 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identif ied by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than June 20, 2022 by 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 6/14/2022. Initial Case Management Conference set for 6/21/2022 02:00 PM in Oakland, - Videoconference Only. (mll, COURT STAFF) (Filed on 5/19/2022) |
| Filing 19 Joint MOTION to Continue Case Management Conference filed by BMW North America, LLC and Steven bowdry. (Attachments: #1 Proposed Order ORDER GRANTING JOINT MOTION TO CONTINUE JOINT 26(f) REPORT DEADLINE AND CASE MANAGEMENT CONFERENCE)(Miner, Olivia) (Filed on 5/18/2022) Modified on 5/18/2022 (jml, COURT STAFF). |
| Filing 18 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Agyeman, Isaac) (Filed on 5/17/2022) |
| Filing 17 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Miner, Olivia) (Filed on 5/16/2022) |
| Filing 16 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.)(cmf, COURT STAFF) (Filed on 5/11/2022) |
| Filing 15 DEMAND for Trial by Jury by Steven Bowdry. (Agyeman, Isaac) (Filed on 3/4/2022) |
| Filing 14 Certificate of Interested Entities by BMW North America, LLC identifying Other Affiliate BMW (US) Holding Corp. for BMW North America, LLC. (Miner, Olivia) (Filed on 2/28/2022) |
| Filing 13 CERTIFICATE OF SERVICE by BMW North America, LLC re #1 Notice of Removal,, #11 Certificate of Interested Entities, #12 Jury Demand Northern District Standing Order, Judge Tigar Standing Order (Miner, Olivia) (Filed on 2/24/2022) |
| Filing 12 DEMAND for Trial by Jury by BMW North America, LLC. (Miner, Olivia) (Filed on 2/24/2022) |
| Filing 11 Certificate of Interested Entities by BMW North America, LLC (Miner, Olivia) (Filed on 2/24/2022) |
| #Electronic filing error. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, enter all affiliates or corporate parents . Re: #11 Certificate of Interested Entities filed by BMW North America, LLC (jml, COURT STAFF) (Filed on 2/24/2022) |
| Filing 10 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 5/24/2022. Initial Case Management Conference set for 5/31/2022 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advan ced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than May 27, 2022 by Noon.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/ A>. Case Management Statement due by 5/24/2022. Initial Case Management Conference set for 5/31/2022 02:00 PM in Oakland, - Videoconference Only. (mll, COURT STAFF) (Filed on 2/23/2022) |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Sallie Kim 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 02/23/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jlg, COURT STAFF) (Filed on 2/23/2022)
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| Filing 8 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mkl, COURT STAFF) (Filed on 2/22/2022) |
| Filing 7 CERTIFICATE OF SERVICE by Steven Bowdry re #5 Consent/Declination to Proceed Before a US Magistrate Judge (Agyeman, Isaac) (Filed on 2/22/2022) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/16/2022. Initial Case Management Conference set for 5/23/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (jml, COURT STAFF) (Filed on 2/22/2022) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Steven Bowdry.. (Agyeman, Isaac) (Filed on 2/22/2022) |
| #Electronic filing error. Incorrect event used. [err101] The correct event is found under Civil Events > Other Filings > Notices > Certificate of Interested Entities, Corp orate Disclosure Statement, or Rule 7.1 Disclosures. Correct event is found under Civil Events > Other Filings > Notices > Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures. Please re-file in its entirety. Re: #2 Notice (Other) filed by BMW North America, LLC (jml, COURT STAFF) (Filed on 2/22/2022) |
| #Electronic filing error. Incorrect event used. [err101] The correct event is Jury Demand. The correct event can be found at: Civil Events > Other Filings > Other Documents > Jury Demand. Corrected by Clerk's Office. No further action is necessary. Re: #3 Notice (Other) filed by BMW North America, LLC (jml, COURT STAFF) (Filed on 2/22/2022) |
| Filing 4 Case assigned to Magistrate Judge Sallie Kim. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/4/2022. (jml, COURT STAFF) (Filed on 2/18/2022) |
| Filing 3 JURY DEMAND by BMW North America, LLC (Miner, Olivia) (Filed on 2/18/2022) Modified on 2/22/2022 (jml, COURT STAFF). |
| Filing 2 NOTICE by BMW North America, LLC Notice of Interested Parties (Miner, Olivia) (Filed on 2/18/2022) |
| Filing 1 NOTICE OF REMOVAL UNDER 28 U.S.C. 1332, 1441, and 1446 from San Mateo Superior Court with jury demand. Their case number is 22-CIV-00067. (Filing fee $402 receipt number ACANDC-16919101). Filed by BMW North America, LLC. (Attachments: #1 Declaration DECLARATION OF OLIVIA J. MINER IN SUPPORT OF NOTICE OF REMOVAL OF ACTION, #2 Exhibit Ex. A - Complaint, #3 Exhibit Ex. B - Summons and Complaint, #4 Exhibit Ex. C - Answer to Complaint, #5 Exhibit Ex. D - All Pleadings, #6 Civil Cover Sheet Civil Cover Sheet)(Miner, Olivia) (Filed on 2/18/2022) Modified on 2/22/2022 (jml, COURT STAFF). |
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