Federal Trade Commission v. Swish Marketing, Inc et al
Federal Trade Commission |
Swish Marketing, Inc, Mark Benning, Matthew Patterson and Jason Strober |
5:2009cv03814 |
August 19, 2009 |
US District Court for the Northern District of California |
San Jose Office |
Santa Clara |
Howard R Lloyd |
Richard Seeborg |
Other Statutory Actions |
15 U.S.C. § 0053 Federal Trade Commission Act |
None |
Docket Report
This docket was last retrieved on August 23, 2011. A more recent docket listing may be available from PACER.
Document Text |
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Filing 156 NOTICE by Federal Trade Commission re #122 Stipulation and Order Notice of Satisfaction of Judgment (Rosenthal, Lisa) (Filed on 8/23/2011) |
Filing 155 FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF AS TO DEFENDANT SWISH MARKETING, INC. ***Civil Case Terminated.. Signed by Judge Richard Seeborg on 6/14/11. (cl, COURT STAFF) (Filed on 6/14/2011) |
Filing 154 ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 6/14/2011) |
Filing 153 Minute Entry: Motion Hearing held on 6/10/2011 before Judge Richard Seeborg (Date Filed: 6/10/2011).(Court Reporter Debra Pas.) (cl, COURT STAFF) (Date Filed: 6/10/2011) |
Filing 152 CLERKS NOTICE CONTINUING MOTION AND TO APPEAR BY TELEPHONE. Motion Hearing set for 6/10/2011 02:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. (cl, COURT STAFF) (Filed on 6/7/2011) |
Filing 151 STIPULATION for Authorization to Appear by Telephone by Swish Marketing, Inc. (Grossman, Brian) (Filed on 6/3/2011) |
Filing 150 CLERKS NOTICE RESCHEDULING MOTION HEARING. Motion Hearing set for 6/9/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. (cl, COURT STAFF) (Filed on 4/15/2011) |
Filing 149 REPLY (re #143 First MOTION for Summary Judgment ) filed byFederal Trade Commission. (Rosenthal, Lisa) (Filed on 4/13/2011) |
Filing 148 RESPONSE (re #143 First MOTION for Summary Judgment ) filed bySwish Marketing, Inc. (Grossman, Brian) (Filed on 4/7/2011) |
Filing 147 Declaration of Terence Shimp in Support of #143 First MOTION for Summary Judgment filed byFederal Trade Commission. (Related document(s) #143 ) (O'Brien, Kerry) (Filed on 3/25/2011) |
Filing 146 Declaration of Kenneth Kelly in Support of #143 First MOTION for Summary Judgment filed byFederal Trade Commission. (Related document(s) #143 ) (O'Brien, Kerry) (Filed on 3/25/2011) |
Filing 145 Declaration of KELLY C. ORTIZ in Support of #143 First MOTION for Summary Judgment filed byFederal Trade Commission. (Related document(s) #143 ) (Rosenthal, Lisa) (Filed on 3/25/2011) |
Filing 144 EXHIBITS re #143 First MOTION for Summary Judgment EXHIBIT 176 filed byFederal Trade Commission. (Attachments: #1 Exhibit 177, #2 Exhibit 178, #3 Exhibit 179, #4 Exhibit 180, #5 Exhibit 182, #6 Exhibit 185, #7 Exhibit 193, #8 Exhibit 196, #9 Exhibit 197, #10 Exhibit 198, #11 Exhibit 208, #12 Exhibit 226, #13 Exhibit 228, #14 Exhibit 229, #15 Exhibit 230, #16 Exhibit 231, #17 Exhibit 232, #18 Exhibit 233, #19 Exhibit 234, #20 Exhibit 235, #21 Exhibit 236 PART 1, #22 Exhibit 236 PART 2, #23 Exhibit 236 PART 3, #24 Exhibit 237, #25 Exhibit 238, #26 Exhibit 239, #27 Exhibit 240, #28 Exhibit 241, #29 Exhibit 242, #30 Exhibit 243, #31 Exhibit 244, #32 Exhibit 245, #33 Exhibit 247, #34 Exhibit 249, #35 Exhibit 250, #36 Exhibit 251, #37 Exhibit 254, #38 Exhibit 255, #39 Exhibit 256, #40 Exhibit 257, #41 Exhibit 258, #42 Exhibit 259)(Related document(s) #143 ) (Rosenthal, Lisa) (Filed on 3/25/2011) |
Filing 143 First MOTION for Summary Judgment filed by Federal Trade Commission. Motion Hearing set for 5/26/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. (Attachments: #1 Proposed Order Proposed Final Order and Judgment as to Swish Marketing, #2 Exhibit 4, #3 Exhibit 6, #4 Exhibit 49, #5 Exhibit 50, #6 Exhibit 84, #7 Exhibit 85, #8 Exhibit 90, #9 Exhibit 96, #10 Exhibit 97, #11 Exhibit 100, #12 Exhibit 103, #13 Exhibit 104, #14 Exhibit 105, #15 Exhibit 111, #16 Exhibit 112, #17 Exhibit 113, #18 Exhibit 116, #19 Exhibit 118, #20 Exhibit 120, #21 Exhibit 141, #22 Exhibit 142, #23 Exhibit 147, #24 Exhibit 151, #25 Exhibit 161, #26 Exhibit 163, #27 Exhibit 164, #28 Exhibit 165, #29 Exhibit 166, #30 Exhibit 167, #31 Exhibit 168, #32 Exhibit 169, #33 Exhibit 170, #34 Exhibit 171, #35 Exhibit 172, #36 Exhibit 173, #37 Exhibit 174, #38 Exhibit 175)(Rosenthal, Lisa) (Filed on 3/25/2011) |
Filing 142 STIPULATED FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF AS TO DEFENDANT MATTHEW PATTERSON. Signed by Judge Richard Seeborg on 3/8/11. (cl, COURT STAFF) (Filed on 3/8/2011) |
Filing 141 STIPULATED FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF AS TO DEFENDANT MARK BENNING. Signed by Judge Richard Seeborg on 3/8/11. (cl, COURT STAFF) (Filed on 3/8/2011) |
Filing 140 CERTIFICATE OF SERVICE by Federal Trade Commission re #139 Stipulation, as to Certain Documents Produced by Defendants Manually Filed Exhibits (Rosenthal, Lisa) (Filed on 3/4/2011) |
Filing 139 STIPULATION as to Certain Documents Produced by Defendants by Federal Trade Commission. (Attachments: #1 Civil Cover Sheet Notice of Manual Filing Exhibits to Stipulation as to Certain Documents Produced by Defendants)(Rosenthal, Lisa) (Filed on 3/4/2011) |
Filing 138 Proposed Order STIPULATED FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF AS TO DEFENDANT BENNING by Federal Trade Commission. (Rosenthal, Lisa) (Filed on 3/2/2011) |
Filing 137 Proposed Order STIPULATED FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF AS TO DEFENDANT PATTERSON by Federal Trade Commission. (Rosenthal, Lisa) (Filed on 3/2/2011) |
Filing 136 STIPULATION AND ORDER RE: #135 TO CONTINUE CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 7/21/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Case Management Statement due by 7/14/2011. Signed by Judge Richard Seeborg on 3/1/11. (cl, COURT STAFF) (Filed on 3/1/2011) |
Filing 135 STIPULATION to Continue Case Management Conference by Federal Trade Commission. (Rosenthal, Lisa) (Filed on 3/1/2011) |
Filing 134 EXHIBIT (CD of.html and.pdf versions of Exhibits) re #130 Stipulation filed by Federal Trade Commission. (Related document(s) #130 ) (slh, COURT STAFF) (Filed on 1/12/2011) |
Filing 133 SECOND STIPULATION AND ORDER RE #129 TO SUSPEND AND REVISE DISCOVERY SCHEDULE. Signed by Judge Richard Seeborg on 1/12/11. (cl, COURT STAFF) (Filed on 1/12/2011) |
Filing 132 CERTIFICATE OF SERVICE by Federal Trade Commission re #130 Stipulation,, as to Consumer Experience on Swish Marketing, Inc's Websites Manually Filed Exhibits (O'Brien, Kerry) (Filed on 1/12/2011) |
Filing 131 STIPULATION AS TO LEAD DATA by Federal Trade Commission. (Rose, Evan) (Filed on 1/12/2011) |
Filing 130 STIPULATION AS TO CONSUMER EXPERIENCE ON SWISH MARKETING, INC.S WEBSITES by Federal Trade Commission. (Attachments: #1 Exhibit CD of.html and.pdf versions of Exhibits, #2 Exhibit 84, #3 Exhibit 85, #4 Exhibit 163, #5 Exhibit 164, #6 Exhibit 165, #7 Exhibit 166, #8 Exhibit 167, #9 Exhibit 168, #10 Exhibit 169, #11 Exhibit 170, #12 Exhibit 171, #13 Exhibit 172, #14 Exhibit 173, #15 Exhibit 174, #16 Exhibit 175, #17 Exhibit 176, #18 Exhibit 177, #19 Exhibit 178, #20 Exhibit 179, #21 Exhibit 180)(O'Brien, Kerry) (Filed on 1/12/2011) |
Filing 129 Proposed Pretrial Order Second Stipulation and Proposed Order to Suspend and Revise Discovery Schedule by Federal Trade Commission. (Rosenthal, Lisa) (Filed on 1/12/2011) |
Filing 128 Minute Entry: Settlement Conference held on 11/15/2010 before Magistrate Judge Joseph C. Spero. (Court Reporter Not Reported.) (klh, COURT STAFF) (Date Filed: 11/15/2010) |
Filing 127 STIPULATION AND ORDER TO CONTINUE SETTLEMENT CONFERENCE. Settlement Conference continued to 11/15/2010 at 09:30 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 10/12/10. (klh, COURT STAFF) (Filed on 10/13/2010) |
Filing 126 STIPULATION AND ORDER TO EXTEND DISCOVERY SCHEDULE. Signed by Judge Richard Seeborg on 10/12/10. (cl, COURT STAFF) (Filed on 10/12/2010) |
Filing 125 Proposed Order and Stipulated Continuance of Settlement Conference by Federal Trade Commission. (Rosenthal, Lisa) (Filed on 10/8/2010) |
Filing 124 Proposed Order and Stipulation to Extend Discovery Schedule by Federal Trade Commission. (Rosenthal, Lisa) (Filed on 10/8/2010) |
Filing 123 ORDER RE: #116 DENYING MOTION IN LIMINE; VACATING MOTION HEARING. Signed by Judge Richard Seeborg on 10/1/10. (rslc3, COURT STAFF) (Filed on 10/1/2010) |
Filing 122 STIPULATED AND FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF AS TO DEFENDANT JASON STROBER. Signed by Judge Richard Seeborg on 9/28/10. (cl, COURT STAFF) (Filed on 9/29/2010) |
Filing 121 Proposed Order Stipulated Final Judgement and Order as to Defendant Jason Strober by Federal Trade Commission. (Rosenthal, Lisa) (Filed on 9/27/2010) |
Filing 120 Reply Memorandum in Support of Motion in Limine( #116 ) filed byMatthew Patterson, Swish Marketing, Inc. (Grossman, Brian) (Filed on 9/23/2010) Modified on 9/27/2010 (tsh, COURT STAFF). |
Filing 119 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byFederal Trade Commission. (Attachments: #1 Exhibit FTC v. Inc21.com Corp. Summary Judgment)(Related document(s) #116 , #117 ) (O'Brien, Kerry) (Filed on 9/22/2010) |
Filing 118 STIPULATION (7th) for Extension of Time to Respond to Complaint by Jason Strober. (Grossman, Brian) (Filed on 9/19/2010) |
Filing 117 Memorandum in Opposition re #116 MOTION in Limine to Exclude Evidence of Consumer Losses filed byFederal Trade Commission. (O'Brien, Kerry) (Filed on 9/16/2010) |
Filing 116 MOTION in Limine filed by Matthew Patterson, Swish Marketing, Inc. Motion Hearing set for 10/7/2010 01:30 PM in Courtroom 3, 17th Floor, San Francisco. (Grossman, Brian) (Filed on 9/2/2010) |
Filing 115 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION PRODUCED BY THIRD PARTIES. Signed by Judge Richard Seeborg on 8/27/10. (cl, COURT STAFF) (Filed on 8/27/2010) |
Filing 114 STIPULATION and (Proposed) Protective Order by Swish Marketing, Inc. (Grossman, Brian) (Filed on 8/26/2010) Modified on 9/2/2010 (tsh, COURT STAFF). |
Filing 113 ORDER, by Judge Joseph C. Spero, signed 8/23/10,granting #110 Joint Motion to Magistrate Judge Spero to Continue Settlement Conference Date. (klh, COURT STAFF) (Filed on 8/23/2010) |
Set/Reset Hearings: Settlement Conference re-set for 10/12/2010 at 11:00 AM in Courtroom A, 15th Floor, San Francisco. (klh, COURT STAFF) (Filed on 8/23/2010) |
Filing 112 Proposed Order re #110 Joint MOTION to Continue Settlement Conference by Matthew Patterson, Swish Marketing, Inc. (Thurman, Michael) (Filed on 8/20/2010) |
Filing 111 STIPULATION (Sixth) for Extension of Time to Respond to Complaint by Jason Strober. (Grossman, Brian) (Filed on 8/12/2010) |
Filing 110 Joint MOTION to Continue Settlement Conference filed by Swish Marketing, Inc. (Grossman, Brian) (Filed on 8/12/2010) |
Filing 109 Transcript of Proceedings held on 6-24-10, before Judge Richard Seeborg. Court Reporter/Transcriber Katherine Wyatt, Telephone number 925-212-5224. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 10/25/2010. (kpw, COURT STAFF) (Filed on 7/27/2010) |
Filing 108 Answer to First Amended Complaint ( #82 ) by Mark Benning. (Fowler, John) (Filed on 7/23/2010) Modified on 7/28/2010 (tsh, COURT STAFF). |
Filing 107 NOTICE OF SETTLEMENT CONFERENCE AND Order Setting Settlement Conference before Magistrate Judge Joseph C. Spero. Settlement Conference set for 9/8/2010 at 09:30 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 07/13/10. (klh, COURT STAFF) (Filed on 7/14/2010) |
Filing 106 STIPULATION (5th) for Extension of Time to Respond to First Amended Complaint by Jason Strober. (Grossman, Brian) (Filed on 7/14/2010) Modified on 7/15/2010 (tsh, COURT STAFF). |
Filing 105 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL TREATMENT OF SENSITIVE PERSONALLY IDENTIFIABLE INFORMATION. Signed by Judge Richard Seeborg on 7/13/10. (cl, COURT STAFF) (Filed on 7/13/2010) |
Filing 104 Proposed Order and Stipulation regarding confidential treatment of PII by Federal Trade Commission. (Attachments: #1 Exhibit Exhibit A)(Rose, Evan) (Filed on 7/12/2010) Modified on 7/12/2010 (tsh, COURT STAFF). |
Filing 103 CASE MANAGEMENT SCHEDULING ORDER: ORDER REFERRING CASE to Magistrate Judge Spero for Settlement. Further Case Management Conference set for 3/3/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 7/12/10. (cl, COURT STAFF) (Filed on 7/12/2010) |
Filing 102 STIPULATION Extending Time For Defendant Mark Benning To Answer The First Amended Complaint by Mark Benning. (Fowler, John) (Filed on 7/8/2010) |
Filing 101 NOTICE of Change In Counsel by John W. Fowler (Fowler, John) (Filed on 7/7/2010) |
Filing 100 JOINT CASE MANAGEMENT STATEMENT (Supplement) filed by Federal Trade Commission. (Rose, Evan) (Filed on 7/7/2010) |
Filing 99 Fourth STIPULATION to Extend time for Jason Strober to Answer or Otherwise Respond to First Amended Complaint re ( #82 ) by Jason Strober. (Grossman, Brian) (Filed on 6/30/2010) Text modified, linkage added on 7/1/2010 (bw, COURT STAFF). |
Filing 98 ORDER RE: #86 DENYING MOTION TO DISMISS. Signed by Judge Richard Seeborg on 06/28/2010. (rslc3, COURT STAFF) (Filed on 6/28/2010) |
Filing 97 Minute Entry: Motion Hearing held on 6/24/2010 before Judge Richard Seeborg; Motion taken under submisson. (Date Filed: 6/24/2010) re #86 MOTION to Dismiss Mark Benning's Notice of Motion and Motion to Dismiss First Amended Complaint and Motion to Strike Paragraph 39; Memorandum of Points and Authorities in Support Thereof [Fed.R.Civ.P. 8(a), 9(b), 12(b)(6) & 12(f)] MOTION to Dismiss Mark Benning's Notice of Motion and Motion to Dismiss First Amended Complaint and Motion to Strike Paragraph 39; Memorandum of Points and Authorities in Support Thereof [Fed.R.Civ.P. 8(a), 9(b), 12(b)(6) & 12(f)] MOTION to Dismiss Mark Benning's Notice of Motion and Motion to Dismiss First Amended Complaint and Motion to Strike Paragraph 39; Memorandum of Points and Authorities in Support Thereof [Fed.R.Civ.P. 8(a), 9(b), 12(b)(6) & 12(f)] filed by Mark Benning, Initial Case Management Conference held on 6/24/2010 before Judge Richard Seeborg (Date Filed: 6/24/2010). (Court Reporter Kathy Wyatt.)(cl, COURT STAFF) (Date Filed: 6/24/2010) |
Filing 96 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL TREATMENT OF CONSUMER DATA ( #95 ). Signed by Judge Richard Seeborg on 6/18/10. (cl, COURT STAFF) (Filed on 6/18/2010) |
Filing 95 (Proposed) Order and Stipulation regarding the protection and confidential treatment of consumer data by Federal Trade Commission. (Attachments: #1 Exhibit) (O'Brien, Kerry) (Filed on 6/18/2010) Modified on 6/18/2010 (bw, COURT STAFF). |
Filing 94 Mark Benning's Reply Brief Brief In Support of Motion to Dismiss First Amended Complaint re ( #82 ) and Motion to Strike Paragraph 39 filed by Mark Benning. (Gagliardi, Donald) (Filed on 6/9/2010) Modified on 6/10/2010 (bw, COURT STAFF). |
Filing 93 Opposition to Defendant Mark Bennings' Motion to Dismiss First Amended Complaint and to Strike Paragraph #39 re #86 filed by Federal Trade Commission. (Attachments: #1 Declaration of K. Ortiz) (Rose, Evan) (Filed on 6/3/2010) Modified on 6/4/2010 (bw, COURT STAFF). |
Filing 92 STIPULATION AND ORDER RE #91 TO CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Conference set for 6/24/2010 01:30 PM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 6/3/10. (cl, COURT STAFF) (Filed on 6/3/2010) |
Filing 91 STIPULATION to Continue Case Management Conference; (Proposed) Order of Brian M. Grossman in Support by Matthew Patterson, Jason Strober, Swish Marketing, Inc. (Grossman, Brian) (Filed on 6/2/2010) Modified on 6/4/2010 (bw, COURT STAFF). |
Filing 90 Third STIPULATION to Extend Time for Jason Strober to Answer or Otherwise Respond to First Amended Complaint by Jason Strober. (Grossman, Brian) (Filed on 5/28/2010) Modified on 6/4/2010 (bw, COURT STAFF). |
Filing 89 STIPULATION to Extend Time to Respond to First Amended Complaint re ( #82 ) by Jason Strober. (Grossman, Brian) (Filed on 5/20/2010) Linkage added on 5/21/2010 (bw, COURT STAFF). |
Filing 88 STIPULATION for Extension of Time to Respond to First Amended Complaint or Otherwise Respond to First Amended Complaint re ( #82 ) by Jason Strober. (Grossman, Brian) (Filed on 5/10/2010) Modified on 5/10/2010 (bw, COURT STAFF). |
Filing 87 ANSWER to First Amended Complaint re ( #82 ) by Matthew Patterson, Swish Marketing, Inc. (Grossman, Brian) (Filed on 5/10/2010) Linkage added on 5/10/2010 (bw, COURT STAFF). |
Filing 86 MOTION to Dismiss Mark Benning's Notice of Motion and Motion to Dismiss First Amended Complaint and Motion to Strike Paragraph 39; Memorandum of Points and Authorities in Support Thereof [Fed.R.Civ.P. 8(a), 9(b), 12(b)(6) & 12(f)] filed by Mark Benning. Motion Hearing set for 6/24/2010 01:30 PM in Courtroom 3, 17th Floor, San Francisco. (Attachments: #1 Exhibit A ISO, #2 Exhibit B ISO, #3 Exhibit C ISO, #4 (Proposed) Order, #5 Certificate of Service)(Gagliardi, Donald) (Filed on 5/10/2010) Modified on 5/10/2010 (bw, COURT STAFF). |
Filing 85 STIPULATION AND ORDER RE: #83 CHANGE OF DATE OF CASE MANAGEMENT CONFERENCE. Case Management Conference set for 6/10/2010 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 4/26/10. (cl, COURT STAFF) (Filed on 4/26/2010) |
Filing 84 Declaration of MICHAEL L. MALLOW in Support of Stipulation and (Proposed) Order re Change of Date of Case Management Conference re #83 filed by Matthew Patterson, Swish Marketing, Inc. (Thurman, Michael) (Filed on 4/26/2010) Modified on 4/26/2010 (bw, COURT STAFF). |
Filing 83 Stipulation and (Proposed) Order re Change of Date of Case Management Conference by Matthew Patterson, Swish Marketing, Inc. (Thurman, Michael) (Filed on 4/26/2010) Modified on 4/26/2010 (bw, COURT STAFF). |
Filing 82 First AMENDED COMPLAINT for Permanent Injunction and Other Equitable Relief against Mark Benning, Matthew Patterson, Jason Strober, Swish Marketing, Inc. Filed by Federal Trade Commission. (Attachments: #1 Exhibit-A, #2 Exhibit-B, #3 Exhibit-C, #4 Exhibit-D) (Rosenthal, Lisa) (Filed on 4/20/2010) Text modified on 4/21/2010 conforming to posted document caption (bw, COURT STAFF). |
Filing 81 ORDER RE: #80 DENYING STIPLATION TO SEAL PARTIALLY FIRST AMENDED COMPLAINT. Signed by Judge Richard Seeborg on 04/19/2010. (rslc3, COURT STAFF) (Filed on 4/19/2010) |
Filing 80 STIPULATION and (Proposed) Order Partially Sealing First Amended Compliant by Mark Benning. (Gagliardi, Donald) (Filed on 4/16/2010) Modified on 4/16/2010 (bw, COURT STAFF). |
Filing 79 ORDER RE: #63 DENYING MOTION TO CERTIFY ORDER FOR INTERLOCUTORY REVIEW. Signed by Judge Richard Seeborg on 04/14/2010. (rslc3, COURT STAFF) (Filed on 4/14/2010) |
Filing 78 CLERKS NOTICE RE: #63 MOTION SUBMITTED WITHOUT ORAL ARGUMENT. Case Management Conference rescheduled for 4/29/2010 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (rslc3, COURT STAFF) (Filed on 4/13/2010) Modified on 4/13/2010 (rslc3, COURT STAFF). |
ADR Remark: ADR Phone Conference held by HAH on 4/12/10. (sgd, COURT STAFF) (Filed on 4/13/2010) |
Filing 77 STIPULATION AND ORDER RE #74 TO FILE AMENDED COMPLAINT UNDER TEMPORARY SEAL. Signed by Judge Richard Seeborg on 4/5/10. (cl, COURT STAFF) (Filed on 4/6/2010) |
Filing 76 CLERKS NOTICE Case Management Conference set for 4/15/2010 at 01:30 PM in Courtroom 3, 17th Floor, San Francisco. (rslc3, COURT STAFF) (Filed on 4/5/2010) |
Filing 75 CERTIFICATE OF SERVICE by Federal Trade Commission of First Amended Complaint (Rosenthal, Lisa) (Filed on 4/5/2010) |
Filing 74 (Proposed) Stipulated Order to File Amended Complaint Under Temporary Seal by Federal Trade Commission. (Rosenthal, Lisa) (Filed on 4/5/2010) Modified on 4/6/2010 (bw, COURT STAFF). |
Filing 73 Reply in Support of Motion to Amend and Certify Opinion for Interlocutory Review (U.S.C. 1292(B) re ( #63 ) by Matthew Patterson, Jason Strober, Swish Marketing, Inc. (Thurman, Michael) (Filed on 4/1/2010) Text modified, linkage added on 4/6/2010 (bw, COURT STAFF). |
Filing 72 ADR Clerks Notice Setting ADR Phone Conference on 4/12/10 at 3:00 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (sgd, COURT STAFF) (Filed on 3/30/2010) |
Filing 71 Opposition to Defendants' Motion to Amend and Certify Opinion for Interlocutory Review re #63 filed by Federal Trade Commission. (Rosenthal, Lisa) (Filed on 3/25/2010) Modified on 3/26/2010 (bw, COURT STAFF). |
Filing 70 Joint Case Management Statement filed by Federal Trade Commission. (Rosenthal, Lisa) (Filed on 3/25/2010) Modified on 3/26/2010 (bw, COURT STAFF). |
Filing 69 ORDER RE: #64 GRANTING ADMINISTRATIVE MOTION TO FILE AMENDED COMPLAINT. Signed by Judge Richard Seeborg on 03/12/2010. (rslc3, COURT STAFF) (Filed on 3/12/2010) |
Filing 68 Opposition to Defendants' Administrative Motion Requesting Deadline For Plaintiff To File Amended Complaint re #64 filed by Federal Trade Commission. (Attachments: #1 (Proposed) Order)(O'Brien, Kerry) (Filed on 3/12/2010) Modified on 3/15/2010 (bw, COURT STAFF). |
Filing 67 Transcript of Proceedings held on 02/10/2010, before Judge Richard Seeborg. Court Reporter/Transcriber Summer Clanton, Telephone number 408-288-6150. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 6/9/2010. (Clanton, Summer) (Filed on 3/11/2010) |
Filing 66 NOTICE of Appearance of Eric David Edmondson on behalf of the Federal Trade Commission (Edmondson, Eric) (Filed on 3/11/2010) Modified on 3/12/2010 (bw, COURT STAFF). |
Filing 65 NOTICE of Entry of Order Permitting Withdrawal of Co-Counsel for Defendant filed by Jason Strober re #56 (Northrup, Linda) (Filed on 3/9/2010) Modified on 3/10/2010 (bw, COURT STAFF). |
Filing 64 Administrative Motion Requesting Deadline for Plaintiff to File Amended Complaint filed by Matthew Patterson, Jason Strober, Swish Marketing, Inc. (Attachments: #1 (Proposed) Order)(Thurman, Michael) (Filed on 3/8/2010) Modified on 3/9/2010 (bw, COURT STAFF). |
Filing 63 MOTION to Amend and Certify Opinioon for Interlocutory Review (28 U.S.C. 1292(B)) filed by Matthew Patterson, Jason Strober, Swish Marketing, Inc. Motion Hearing set for 4/15/2010 01:30 PM in Courtroom 3, 17th Floor, San Francisco. (Attachments: #1 Signature Page (Declarations/Stipulations), #2 (Proposed) Order)(Thurman, Michael) (Filed on 3/8/2010) Modified on 3/9/2010 (bw, COURT STAFF). |
Filing 62 ORDER RE: #61 TO CONTINUE CASE MANAGEMENT CONFERENCE TO 04/15/2010. Signed by Judge Richard Seeborg on 02/26/2010. (rslc3, COURT STAFF) (Filed on 2/26/2010) |
Filing 61 Stipulated Motion to Continue Case Management Conference; (Proposed) Order; Declaration of Brian M. Grossman in Support filed by Jason Strober. (Grossman, Brian) (Filed on 2/26/2010) Modified on 2/26/2010 (bw, COURT STAFF). |
Set/Reset Hearings: Case Management Conference set for 4/15/2010 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (rslc3, COURT STAFF) (Filed on 2/26/2010) |
Filing 60 ORDER RE: #34 , #41 GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND, DENYING MOTION TO STRIKE. Signed by Judge Richard Seeborg on 02/22/2010. (rslc3, COURT STAFF) (Filed on 2/22/2010). |
Filing 59 STIPULATION AND ORDER RE: #58 STIPULATED FILING STATEMENT OF RECENT DECISION. Signed by Judge Richard Seeborg on 02/16/2010. (rslc3, COURT STAFF) (Filed on 2/16/2010). |
Filing 58 Administrative Motion Pursuant to L.R. 7-11 to File Statement of Recent Decision Pursuant to L.R. 7-3(d) re #48 Memorandum in Opposition, #51 Reply to Opposition, #41 MOTION to Dismiss Mark Benning's Notice of Motion and Motion to Dismiss Complaint; Memorandum of Points and Authorities in Support Thereof by Federal Trade Commission. (Attachments: #1 (Proposed) Order) (Rosenthal, Lisa) (Filed on 2/16/2010) Text modified on 2/16/2010 conforming to posted document caption incorrect event type used when posting document (bw, COURT STAFF). |
Filing 56 ORDER RE: #54 GRANTING MOTION TO WITHDRAW AS ATTORNEY. Signed by Judge Richard Seeborg on 02/11/2010. (rslc3, COURT STAFF) (Filed on 2/11/2010). |
Filing 55 NOTICE of Lodging Exhibits Presented in Hearing on Motion to Strike by Matthew Patterson, Swish Marketing, Inc re #34 (Thurman, Michael) (Filed on 2/11/2010) Modified on 2/12/2010 (bw, COURT STAFF). Modified on 2/12/2010 (bw, COURT STAFF). |
Filing 57 Minute Entry: Motion Hearing held on 2/10/2010 before Judge Richard Seeborg (Date Filed: 2/10/2010) re #34 MOTION to Strike #1 Complaint, For Preliminary Injunction and Other Equitable Relief MOTION to Strike #1 Complaint, For Preliminary Injunction and Other Equitable Relief filed by Jason Strober, Matthew Patterson, Swish Marketing, Inc, #41 MOTION to Dismiss Mark Benning's Notice of Motion and Motion to Dismiss Complaint; Memorandum of Points and Authorities in Support Thereof filed by Mark Benning. (Court Reporter Summer Clanton.) (mpb, COURT STAFF) (Date Filed: 2/10/2010) |
Filing 54 Stipulated MOTION to Withdraw as to Attorney Linda L. Northrup; (Proposed) Order filed by Jason Strober. (Northrup, Linda) (Filed on 2/10/2010) Modified on 2/11/2010 (bw, COURT STAFF). |
Filing 53 CLERKS NOTICE Case Management Conference continued from 3/31/2010 to 4/1/2010 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Joint Case Management Statement due by 3/25/2010. (rslc3, COURT STAFF) (Filed on 1/29/2010). |
Filing 52 Reply Brief in Support of Motion to Strike re #34 filed by Matthew Patterson, Jason Strober, Swish Marketing, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Thurman, Michael) (Filed on 1/27/2010) Text modified on 1/28/2010 conforming to posted document caption (bw, COURT STAFF). |
Filing 51 Reply Brief in Support of Mark Benning's Motion to Dismiss Complaint re #41 filed by Mark Benning. (Attachments: #1 Certificate of Service) (Gagliardi, Donald) (Filed on 1/26/2010) Modified on 1/26/2010 (bw, COURT STAFF). |
Case Assigned to Magistrate Judge Howard R. Lloyd for all discovery matters. (tsh, COURT STAFF) (Filed on 1/26/2010) |
Filing 50 STIPULATION AND ORDER RE: #49 TO REVISE INITIAL SCHEDULE. Signed by Judge Richard Seeborg on 01/20/2010. (rslc3, COURT STAFF) (Filed on 01/20/2010). Modified on 1/21/2010 (rslc3, COURT STAFF). |
Filing 49 Stipulated Motion to Revise Initial Schedule; Declaration of Brian M. Grossman in Support by Federal Trade Commission. (Rosenthal, Lisa) (Filed on 1/20/2010) Text modified on 1/21/2010 (bw, COURT STAFF). |
Filing 48 Opposition to Defendant Mark Benning's Motion to Dismiss Complaint re #41 filed by Federal Trade Commission. (Attachments: #1 (Proposed) Order) (Rosenthal, Lisa) (Filed on 1/20/2010) Modified on 1/21/2010 (bw, COURT STAFF). |
Filing 47 NOTICE of Association of Counsel by Matthew Patterson, Jason Strober, Swish Marketing, Inc (Grossman, Brian) (Filed on 12/29/2009) Modified on 1/6/2010 (bw, COURT STAFF). |
Filing 46 CLERKS NOTICE: Motion Hearing re: #34 , #41 in 09-03814 set for 2/10/2010 09:30 AM in Courtroom 4, 5th Floor, San Jose. Case Management Conferences in 09-03814 and 09-03815 set for 3/31/2010 02:30 PM in Courtroom 4, 5th Floor, San Jose. (rslc2, COURT STAFF) (Filed on 12/22/2009) |
Filing 45 Opposition to Motion to Strike re #34 filed by Federal Trade Commission. (Attachments: #1 Exhibit, #2(Proposed) Order)(Rosenthal, Lisa) (Filed on 12/16/2009) Modified on 12/17/2009 (bw, COURT STAFF). |
Filing 44 CONSENT to Proceed Before a US Magistrate Judge by Federal Trade Commission. (Rosenthal, Lisa) (Filed on 12/16/2009) Modified on 12/17/2009 (bw, COURT STAFF). |
Filing 43 Proof of Service re ( #34 ) MOTION to Strike; ( #35 ) Certification of Interested Entities or Persons (L.R. 3-16) by Matthew Patterson, Swish Marketing, Inc (Thurman, Michael) (Filed on 12/16/2009) Text modified, linkage added on 12/16/2009 (bw, COURT STAFF). |
Filing 42 CERTIFICATE OF SERVICE re #41 MOTION to Dismiss Complaint; by Mark Benning (Gagliardi, Donald) (Filed on 12/8/2009) Modified on 12/8/2009 (bw, COURT STAFF). |
Filing 41 MOTION to Dismiss Complaint re ( #1 ) ; Memorandum of Points and Authorities in Support Thereof filed by Mark Benning. Motion Hearing set for 2/10/2010 09:30 AM in Courtroom 4, 5th Floor, San Jose. (Attachments: #1 (Proposed) Order)(Gagliardi, Donald) (Filed on 12/8/2009) Modified on 12/8/2009 (bw, COURT STAFF). |
Filing 40 Certification of Interested Entities or Persons (L.R. 3-16) by Mark Benning (Gagliardi, Donald) (Filed on 12/8/2009) Modified on 12/8/2009 (bw, COURT STAFF). |
Filing 39 STIPULATION AND ORDER RE: #38 RE: CHANGE OF HEARING DATE FOR DEFENDANTS' MOTION TO STRIKE. Signed by Magistrate Judge Seeborg on 12/7/09. (rslc2, COURT STAFF) (Filed on 12/7/2009) |
Set/Reset Hearings: Motion Hearing re: #34 set for 1/13/2010 09:30 AM in Courtroom 4, 5th Floor, San Jose. (rslc2, COURT STAFF) (Filed on 12/7/2009) |
Filing 38 STIPULATION and (Proposed) ORDER RE CHANGE OF HEARING DATE FOR DEFENDANTS' MOTION TO STRIKE by Matthew Patterson, Swish Marketing, Inc. (Thurman, Michael) (Filed on 12/4/2009) Modified on 12/7/2009 (bw, COURT STAFF). |
Filing 37 NOTICE of Corrected Hearing Time for Defendants' Motion to Strike by Matthew Patterson, Jason Strober, Swish Marketing, Inc (Thurman, Michael) (Filed on 12/3/2009) Modified on 12/3/2009 (bw, COURT STAFF). |
Filing 36 (Proposed) Order re #34 by Matthew Patterson, Jason Strober, Swish Marketing, Inc. (Thurman, Michael) (Filed on 12/2/2009) Modified on 12/3/2009 (bw, COURT STAFF). |
Filing 35 Certification of Interested Entities or Persons (L.R. 3-16) by Matthew Patterson, Jason Strober, Swish Marketing, Inc (Thurman, Michael) (Filed on 12/2/2009) Modified on 12/3/2009 (bw, COURT STAFF). |
Filing 34 MOTION to Strike and Supporting Memorandum of Points and Authorities filed by Matthew Patterson, Jason Strober, Swish Marketing, Inc. Motion Hearing set for 1/6/2010 10:30 AM in Courtroom 4, 5th Floor, San Jose. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 (Proposed) Order) (Thurman, Michael) (Filed on 12/2/2009) Text modified on 12/3/2009 conforming to posted document caption (bw, COURT STAFF). |
Filing 33 ADR Certification by Parties and Counsel by Matthew Patterson (Thurman, Michael) (Filed on 11/25/2009) Modified on 11/30/2009 (bw, COURT STAFF). |
Filing 32 ADR Certification by Parties and Counsel by Jason Strober (Thurman, Michael) (Filed on 11/25/2009) Modified on 11/30/2009 (bw, COURT STAFF). |
Filing 31 ADR Certification in Opposition to Defendant's Motion For Summary Judgment; or in the Alternative Summary Adjudication (ADR L.R. 3-5 b) of discussion of ADR options submitted on behalf of Swish Marketing, Inc. (Thurman, Michael) (Filed on 11/25/2009) Modified on 11/30/2009 (bw, COURT STAFF). |
Filing 30 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Thurman, Michael) (Filed on 11/25/2009) |
Filing 29 ADR Certification in Opposition to Defendant's Motion For Summary Judgment; or in the Alternative Summary Adjudication (ADR L.R. 3-5 b) of discussion of ADR options (Rosenthal, Lisa) (Filed on 11/25/2009) Modified on 11/30/2009 (bw, COURT STAFF). |
Filing 28 ADR Certification by Parties and Counsel (ADR L.R. 3-5 b) of discussion of ADR options signed by Mr. Benning and Mr. Gagliardi (Gagliardi, Donald) (Filed on 11/25/2009) Modified on 11/30/2009 (bw, COURT STAFF). |
Filing 27 STIPULATION AND ORDER RE: #25 SETTING INITIAL SCHEDULE. Signed on 11/23/09 by Magistrate Judge Richard Seeborg. (rslc2, COURT STAFF) (Filed on 11/23/2009) |
Set/Reset Deadlines, Hearings: Case Management Statement due by 2/4/2010. Initial Case Management Conference set for 2/10/2010 02:30 PM in Courtroom 4, 5th Floor, San Jose. (rslc2, COURT STAFF) (Filed on 11/23/2009) |
Filing 26 CERTIFICATE OF SERVICE re #25 Joint MOTION To Set Initial Schedule re #19 MOTION for Leave to File [RESPONSE TO COMPLAINT] by Federal Trade Commission (Rosenthal, Lisa) (Filed on 11/20/2009) Modified on 11/23/2009 (bw, COURT STAFF). |
Filing 25 Stipulated Motion to Set Initial Schedule re #19 filed by Federal Trade Commission. (Attachments: #1 (Proposed) Order, #2 Exhibit Memo and Order Re Motion to Dismiss) (Rosenthal, Lisa) (Filed on 11/20/2009) Modified on 11/23/2009 (bw, COURT STAFF). |
Filing 24 ORDER RE: #23 RE MOTION TO ENLARGE TIME. Signed by Judge Richard Seeborg on 11/12/09. (rslc2, COURT STAFF) (Filed on 11/12/2009) |
Filing 23 Request For Clarification of Order re Motion to Enlarge Time re ( #22 ) by Matthew Patterson, Swish Marketing, Inc. (Thurman, Michael) (Filed on 11/12/2009) Linkage added, incorrect event type used when posting document and text modified on 11/13/2009 (bw, COURT STAFF). |
Filing 22 ORDER RE: #19 MOTION TO ENLARGE TIME. Signed by Magistrate Judge Richard Seeborg on 11/10/09. (rslc2, COURT STAFF) (Filed on 11/10/2009) |
Set/Reset Hearings: Motion Hearing re: #19 set for 12/16/2009 10:30 AM in Courtroom 4, 5th Floor, San Jose. (rslc2, COURT STAFF) (Filed on 11/10/2009) |
Filing 21 CERTIFICATE OF SERVICE #20 Opposition to Motion to Enlarge Time to Respond to Complaint Federal Trade Commission (Rosenthal, Lisa) (Filed on 11/6/2009) Modified on 11/6/2009 (bw, COURT STAFF). |
Filing 20 Opposition to Motion to Enlarge Time to Respond to Complaint re #19 filed by Federal Trade Commission. (Attachments: #1 Declaration of Lisa D. Rosenthal) (Rosenthal, Lisa) (Filed on 11/6/2009) Modified on 11/6/2009 (bw, COURT STAFF). |
Filing 19 MOTION to Enlarge Time to Respond to Complaint (L.R. 6-1(b) and 6-3) filed by Matthew Patterson, Swish Marketing, Inc. (Attachments: #1 Declaration of Michael Thurman, #2 (Proposed) Order) (Thurman, Michael) (Filed on 11/4/2009) Text modified on 11/5/2009 (bw, COURT STAFF). |
Filing 18 NOTICE of Appearance by Linda L. Northrup (Northrup, Linda) (Filed on 10/19/2009) |
Filing 17 STIPULATION RE EXTENSION OF TIME TO RESPOND TO COMPLAINT [L.R. 6-1(a)] by Matthew Patterson, Swish Marketing, Inc. (Thurman, Michael) (Filed on 10/8/2009) |
Filing 16 Corrected CONSENT to Proceed Before a US Magistrate Judge by Matthew Patterson, Swish Marketing, Inc (Thurman, Michael) (Filed on 9/8/2009) Modified on 9/8/2009 (bw, COURT STAFF). |
Filing 15 *** PLEASE DISREGARD. SEE DOCKET ( #16 )*** CONSENT to Proceed Before a US Magistrate Judge by Matthew Patterson, Swish Marketing, Inc. (Thurman, Michael) (Filed on 9/4/2009) Modified on 9/8/2009 (bw, COURT STAFF). |
Filing 14 ORDER by Judge Richard Seeborg granting #2 Motion to Relate Case. Case C 09-03815 is related to this case. (mpb, COURT STAFF) (Filed on 9/4/2009) |
Filing 13 CERTIFICATE OF SERVICE re Consenting to a Magistrate Judge's Jurisdiction in CAND Brochure by Federal Trade Commission (Rose, Evan) (Filed on 9/3/2009) Modified on 9/4/2009 (bw, COURT STAFF). |
Filing 12 CERTIFICATE OF SERVICE re #4 ADR Scheduling Order by Federal Trade Commission (Rose, Evan) (Filed on 9/3/2009) Modified on 9/4/2009 (bw, COURT STAFF). |
Filing 11 WAIVER of the SERVICE of Summons Returned Executed filed by Federal Trade Commission. Service waived by Mark Benning waiver sent on 8/19/2009, answer due 10/19/2009. (Rose, Evan) (Filed on 8/26/2009) Modified on 8/27/2009 (bw, COURT STAFF). |
Filing 10 WAIVER of the SERVICE of Summons Returned Executed filed by Federal Trade Commission. Service waived by Jason Strober waiver sent on 8/19/2009, answer due 10/19/2009. (Rose, Evan) (Filed on 8/26/2009) Modified on 8/27/2009 (bw, COURT STAFF). |
Filing 9 WAIVER of the SERVICE of Summons Returned Executed filed by Federal Trade Commission. Service waived by Matthew Patterson waiver sent on 8/19/2009, answer due 10/19/2009. (Rose, Evan) (Filed on 8/26/2009) Modified on 8/27/2009 (bw, COURT STAFF). |
Filing 8 WAIVER of the SERVICE of Summons Returned Executed filed by Federal Trade Commission. Service waived by Swish Marketing, Inc waiver sent on 8/19/2009, answer due 10/19/2009. (Rose, Evan) (Filed on 8/26/2009) Modified on 8/27/2009 (bw, COURT STAFF). |
Filing 7 NOTICE of Appearance by Michael Aubrey Thurman and Michael L. Mallow (Thurman, Michael) (Filed on 8/21/2009) |
Filing 6 CERTIFICATE OF SERVICE re ( #5 ) NOTICE of Pendency of Other Action or Proceedings , Pursuant to Civil Local Rule 3-13 by Federal Trade Commission (Rosenthal, Lisa) (Filed on 8/20/2009) Modified on 8/21/2009 (bw, COURT STAFF). |
Filing 5 NOTICE of Pendency of Other Action or Proceedings , Pursuant to Civil Local Rule 3-13 by Federal Trade Commission (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Rosenthal, Lisa) (Filed on 8/20/2009) Modified on 8/20/2009 (bw, COURT STAFF). |
Filing 4 ADR SCHEDULING ORDER: Case Management Statement due by 12/9/2009. Case Management Conference set for 12/16/2009 02:30 PM. (Attachments: #1 Standing Order re Initial Case Management Judge Seeborg, #2 Standing Orders for all San Jose Office Judges, #3 Standing Order for all Northern District Judges) (bw, COURT STAFF) (Filed on 8/19/2009) |
Filing 3 Summons Issued as to Mark Benning, Matthew Patterson, Jason Strober, Swish Marketing, Inc. (bw, COURT STAFF) (Filed on 8/19/2009) |
Filing 2 Administrative Motion to Consider Whether Cases Should be Related Pursuant to Civil L.R. 3-12 (C09-3815 PVT) filed by Federal Trade Commission. (bw, COURT STAFF) (Filed on 8/19/2009) |
Filing 1 COMPLAINT for Permanent Injunction and Other Equitable Relief (Summons Issued) Fee Waived; against Mark Benning, Matthew Patterson, Jason Strober, Swish Marketing, Inc. Filed by Federal Trade Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (bw, COURT STAFF) (Filed on 8/19/2009) |
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