Horton v. County of San Diego et al
| Michelle Horton |
| Evan Sobzcak, Jacob MacLeod, County of San Diego, Unknown La Mesa Police Department Personnel, City of La Mesa, Unknown San Diego Sheriff's Department Personnel and Evan Sobczak |
| 3:2021cv00400 |
| March 5, 2021 |
| US District Court for the Southern District of California |
| Marilyn L Huff |
| Bernard G Skomal |
| Civil Rights: Other |
| 42 U.S.C. § 1983 cv Civil Rights Act - Civil Action for Deprivation of Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 9, 2023. A more recent docket listing may be available from PACER.
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Filing 70
Order Granting Joint Motion for Dismissal and Directing the Clerk to Close the Case [Doc. No. #69 .]. Signed by Judge Marilyn L. Huff on 5/9/2023. (jrm)
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Filing 69
Joint MOTION to Dismiss With Prejudice Defendant County of San Diego and the Entire Action [FRCP 41(a)] by County of San Diego. (Attachments: #1 Proof of Service)(Inman, Steven) (jrm).
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Filing 68
ORDER Granting Joint Motion to Dismiss Defendant Jacob MacLeod with Prejudice. Signed by Judge Marilyn L. Huff on 4/10/2023. (jrm)
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Filing 67
ORDER Vacating Dates and Deadlines in Light of Settlement. Signed by Judge Marilyn L. Huff on 4/6/2023. (jrm)
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Filing 66
Joint MOTION to Vacate all Filing Deadlines and the Trial Date by Michelle Horton. (Trimble, Kimberly)(jrm).
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Filing 65
Joint MOTION to Dismiss Party Defendant Jacob Macleod With Prejudice by County of San Diego, Jacob MacLeod. (Attachments: #1 Proof of Service)(Inman, Steven)(jrm).
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Filing 64
STATUS REPORT (Joint) by County of San Diego, Jacob MacLeod. (Attachments: #1 Proof of Service)(Inman, Steven) (jrm).
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Filing 63
ORDER Requesting Joint Status Report. Joint Status Report due by 3/23/2023. Signed by Judge Marilyn L. Huff on 3/21/2023.(jrm)
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Filing 62
Order Confirming Settlement and Setting Deadline to File Joint Motion to Dismiss. Joint Motion for Dismissal due: 5/15/2023. If a Joint Motion for Dismissal and Proposed Order for Dismissal are not submitted by 5/15/2023, then a Settlement Disposition Conference shall be held on 5/18/2023 01:30 PM in Courtroom 2C before Magistrate Judge Michael S. Berg.. Signed by Magistrate Judge Michael S. Berg on 2/23/2023.(jms)
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Filing 61
Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Mandatory Settlement Conference held on 2/23/2023. The parties reached a conditional settlement, pending approval of the San Diego County Board of Supervisors, and placed the terms on the record. Order to follow. (Plaintiff Attorneys Mark Fleming; Kimberly Trimble; Lucy Hallett). (Defendant Attorneys Steven Inman; Melissa Holmes). (no document attached) (jxb)
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Filing 60
ORDER granting #59 Motion to Excuse Appearance of Defendant Jacob MacLeod at personally appearing at the Mandatory Settlement Conference. Signed by Magistrate Judge Michael S. Berg on 2/9/2023. (jms)
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Filing 59
Ex Parte MOTION to Excuse Appearance of Defendant Jacob MacLeod at Mandatory Settlement Conference, by County of San Diego, Jacob MacLeod. (Attachments: #1 Proof of Service)(Inman, Steven) (jms).
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Filing 58
ORDER: (1) Granting #56 Joint Motion to Continue Schedule; and (2) Issuing Amended Scheduling Order. Proposed Pretrial Order due by 3/30/2023. Final Pretrial Conference set for 4/3/2023 10:30 AM before Judge Marilyn L. Huff. Jury Trial set for 4/11/2023 09:00 AM in Courtroom 12A before Judge Marilyn L. Huff. Mandatory Settlement Conference set for 2/23/2023 09:30 AM before Magistrate Judge Michael S. Berg.. Signed by Judge Marilyn L. Huff on 2/8/2023. (jms)
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Filing 57
Minute Entry for proceedings held before Judge Marilyn L. Huff: Telephonic Status Conference held on 2/7/2023 to discuss scheduling. Order to follow.(Court Reporter/ECR Lynnette Lawrence). (Plaintiff Attorney Kimberly Trimble, Mark F Fleming). (Defendant Attorney Steven Paul Inman, II,). (no document attached) (rlw)
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Filing 56
Joint MOTION for Order to Amend the Scheduling Order by Michelle Horton. (Trimble, Kimberly) (jms).
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Filing 55
NOTICE of Hearing: Telephonic Status Conference set for 2/7/2023 04:30 PM in Courtroom 12A before Judge Marilyn L. Huff. (no document attached) (rlw)
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Filing 54
NOTICE of Appearance by Melissa Maria Holmes on behalf of County of San Diego, Jacob MacLeod (Attachments: #1 Proof of Service)(Holmes, Melissa)Attorney Melissa Maria Holmes added to party County of San Diego(pty:dft), Attorney Melissa Maria Holmes added to party Jacob MacLeod(pty:dft)(jms).
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Filing 53
MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Michelle Horton. (Trimble, Kimberly) (jms).
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Filing 52
Pretrial Disclosures by Michelle Horton (Amended) (Trimble, Kimberly) (jms).
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Filing 51
MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by County of San Diego, Jacob MacLeod. (Attachments: #1 Proof of Service)(Inman, Steven) (jms).
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Filing 50
Pretrial Disclosures by County of San Diego, Jacob MacLeod (Amended) (Attachments: #1 Proof of Service)(Inman, Steven)(jms).
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Filing 49
NOTICE of Appearance by Mark F Fleming on behalf of Michelle Horton (Fleming, Mark)Attorney Mark F Fleming added to party Michelle Horton(pty:pla)(jms).
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Filing 48
ORDER: (1) Granting Joint Motion to Continue Schedule; and (2) Issuing Amended Scheduling Order with Trial Date. Signed by Judge Marilyn L. Huff on 11/22/2022.(jms)
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Filing 47
Scheduling Order Setting Trial Date (Re. Doc. No. #46 ). Proposed Pretrial Order due by 1/13/2023. Final Pretrial Conference set for 1/30/2023 10:30 AM before Judge Marilyn L. Huff. Jury Trial set for 2/14/2023 09:00 AM before Judge Marilyn L. Huff. Signed by Judge Marilyn L. Huff on 11/21/2022. (jms)
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Filing 46
Joint MOTION to Continue Time Scheduling Order by Michelle Horton. (Trimble, Kimberly) (jms).
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Filing 45
ORDER (1) Granting #42 Joint Motion to Continue Scheduling Order; (2) Issuing Amended Scheduling Order. Final Pretrial Conference set for 1/9/2023 10:30 AM before Judge Marilyn L. Huff. Memorandum of Contentions of Fact and Law due by 12/5/2022. Proposed Pretrial Order due by 1/3/2023.. Signed by Judge Marilyn L. Huff on 9/7/2022. (jms)
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Filing 44
MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Michelle Horton. (Trimble, Kimberly)(jms).
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Filing 43
Pretrial Disclosures by Michelle Horton (Trimble, Kimberly) (jms).
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Filing 42
Joint MOTION Joint Motion to Continue Scheduling Order by Michelle Horton. (Trimble, Kimberly) (jms).
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Filing 40
MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by County of San Diego, Jacob MacLeod. (Attachments: #1 Proof of Service)(Inman, Steven) (jms).
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Filing 39
Pretrial Disclosures by County of San Diego, Jacob MacLeod (Attachments: #1 Proof of Service)(Inman, Steven) (jms).
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Filing 41
Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Mandatory Settlement Conference held on 9/2/2022. Case did not settle. Parties may contact Judge Skomal's chambers if their settlement positions change.(Plaintiff Attorney Kimberly Trimble). (Defendant Attorney Steven Inman). (Michelle Horton, Stefanie Osborn).(no document attached) (rxa)
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Filing 38
ORDER: (1) Continuing Mandatory Settlement Conference (2) Converting MSC to Video Conference. Due to a conflict in the Court's calendar, the Mandatory Settlement Conference scheduled for 8/22/2022 is CONTINUED to 9/2/2022 at 2:00 PM before Magistrate Judge Bernard G. Skomal via video conference. Signed by Magistrate Judge Bernard G. Skomal on 8/11/2022. (tcf)
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Filing 37
ORDER granting #36 Motion to Dismiss Defendant Evan Sobczak without Prejudice. Signed by Judge Marilyn L. Huff on 3/21/2022. (jms)
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Filing 36
Joint MOTION to Dismiss Party Defendant Evan Sobzcak Without Prejudice by County of San Diego, Jacob MacLeod, Evan Sobczak. (Attachments: #1 Proof of Service)(Martin, Jennifer) (jms).
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Filing 35
ORDER granting #34 Joint Motion to Permit Deposition to Occur After Discovery Cutoff. Signed by Magistrate Judge Bernard G. Skomal on 3/1/2022. (jms)
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Filing 34
Joint MOTION to Permit Deposition to Occur After Discovery Cutoff by Michelle Horton. (Trimble, Kimberly) (jms).
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Filing 33
ORDER Granting Joint Motion To Permit Deposition To Occur After Discovery Cutoff [ECF #32 ]. Signed by Magistrate Judge Bernard G. Skomal on 2/7/2022. (ddf)
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Filing 32
Joint MOTION To Permit Deposition To Occur After Discovery Cutoff by County of San Diego, Jacob MacLeod, Evan Sobczak. (Attachments: #1 Proof of Service)(Martin, Jennifer) (jms).
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Filing 31
NOTICE of Change of Firm Name by Michelle Horton (Trimble, Kimberly) (jms).
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Filing 30
NOTICE of Disassociation of Counsel by Michelle Horton (Trimble, Kimberly) Attorney McBride and Lamere removed from service list (jms).
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Filing 29
NOTICE of Appearance by Kimberly Sue Trimble on behalf of Michelle Horton (Trimble, Kimberly)Attorney Kimberly Sue Trimble added to party Michelle Horton(pty:pla) (dxf).
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Filing 28
Protective Order [ECF #27 ]. Signed by Magistrate Judge Bernard G. Skomal on 11/4/2021. (dxf)
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Filing 27
Joint MOTION for Protective Order by Michelle Horton. (Lamere, Trenton) (dxf).
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Filing 26
ORDER Granting Defendant City Of La Mesas Motion For Judgment On The Pleadings [Doc.No. #21 ]. Signed by Judge Marilyn L. Huff on 9/23/2021. (dxf)
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Filing 25
REPLY - Other re #23 Response in Opposition to Motion, #21 MOTION for Judgment on the Pleadings filed by City of La Mesa. (Attachments: #1 Proof of Service)(Roistacher, Lee) (anh).
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Filing 24
SCHEDULING ORDER Regulating Discovery and Other Pretrial Proceedings: Mandatory Settlement Conference set for 8/22/2022 02:00 PM before Magistrate Judge Bernard G. Skomal. Proposed Pretrial Order due by 9/26/2022. Final Pretrial Conference set for 10/3/2022 10:30 AM before Judge Marilyn L. Huff.. Signed by Magistrate Judge Bernard G. Skomal on 9/14/2021.(anh)
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Filing 23
RESPONSE in Opposition re #21 MOTION for Judgment on the Pleadings filed by Michelle Horton. (Lamere, Trenton) (anh).
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Filing 22
Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Early Neutral Evaluation and Case Management Conference held on 9/8/2021. Case did not settle. Court to issue Scheduling Order.(Plaintiff Attorney Trenton G. Lamere). (Defendants Attorneys Steven Paul Inman, II, Mitchell D Dean). (Michelle Horton, Dalia Garcia, Jacob MacLeod, Evan Sobczak, Sheryl Sherman, Yumi Augustus).(no document attached) (rxa)
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Filing 21
MOTION for Judgment on the Pleadings by City of La Mesa. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Roistacher, Lee) (jmr).
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Filing 20
NOTICE of Appearance by Lee H Roistacher on behalf of City of La Mesa (Attachments: #1 Proof of Service)(Roistacher, Lee)Attorney Lee H Roistacher added to party City of La Mesa(pty:dft) (jmr).
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Filing 19
JOINT DISCOVERY PLAN by Michelle Horton (Lamere, Trenton) (jmr).
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Filing 18
NOTICE OF UNAVAILABILITY OF COUNSEL by City of La Mesa (Attachments: #1 Proof of Service)(Dean, Mitchell) (jmr).
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Filing 17
NOTICE AND ORDER: (1) For Early Neutral Evaluation Conference, (2) Setting Rule 26 Compliance and Case Management Conference. Video Early Neutral Evaluation set for 9/8/2021 at 02:00 PM before Magistrate Judge Bernard G. Skomal. Video Case Management Conference set for 9/8/2021 at 02:00 PM before Magistrate Judge Bernard G. Skomal. Joint Discovery Plan due 8/18/2021. Signed by Magistrate Judge Bernard G. Skomal on 6/30/21.(sxa)
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Filing 16
ANSWER to #1 Complaint, with Jury Demand by County of San Diego, Jacob MacLeod, Evan Sobczak. (Attachments: #1 Proof of Service)(Inman, Steven) (jmr).
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Filing 15
NOTICE of Appearance by Jennifer Marie Martin on behalf of County of San Diego, Jacob MacLeod, Evan Sobczak (Attachments: #1 Proof of Service)(Martin, Jennifer)Attorney Jennifer Marie Martin added to party County of San Diego(pty:dft), Attorney Jennifer Marie Martin added to party Jacob MacLeod(pty:dft), Attorney Jennifer Marie Martin added to party Evan Sobczak(pty:dft) (mme).
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Filing 14
ORDER Denying #7 The County Defendants' Motion to Dismiss. Defendants County of San Diego, Evan Sobzcak, and Jacob MacLeod must file their respective answers to Plaintiffs complaint within 30 days from the date this order is filed. Signed by Judge Marilyn L. Huff on 5/27/2021. (mme)
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Filing 13
REPLY to Response to Motion re #7 MOTION to Dismiss for Failure to State a Claim filed by County of San Diego, Jacob MacLeod, Evan Sobczak. (Attachments: #1 Proof of Service)(Inman, Steven) (jmr).
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Filing 12
ORDER Submitting Motion to Dismiss. The Court determines the matter is appropriate for resolution without oral argument, submits the motion on the parties papers, and vacates the hearing on May 24, 2021. Defendants reply brief remains due by May 17, 2021. Signed by Judge Marilyn L. Huff on 5/17/2021.(jmr)
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Filing 11
RESPONSE in Opposition re #7 MOTION to Dismiss for Failure to State a Claim filed by Michelle Horton. (Attachments: #1 Proof of Service)(Lamere, Trenton) (jmr).
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Filing 10
ANSWER to #1 Complaint, with Jury Demand by City of La Mesa. (Attachments: #1 Proof of Service Certificate of Service)(Dean, Mitchell) (jpp).
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Filing 9
NOTICE of Appearance by Heather E. Paradis on behalf of City of La Mesa (Attachments: #1 Proof of Service Certificate of Service)(Paradis, Heather)Attorney Heather E. Paradis added to party City of La Mesa(pty:dft) (jpp).
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Filing 8
NOTICE of Appearance by Mitchell D Dean on behalf of City of La Mesa (Attachments: #1 Proof of Service Certificate of Service)(Dean, Mitchell)Attorney Mitchell D Dean added to party City of La Mesa(pty:dft) (jpp).
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Filing 7
MOTION to Dismiss for Failure to State a Claim by County of San Diego, Jacob MacLeod, Evan Sobczak. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Inman, Steven) (jmr).
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Filing 6
SUMMONS Returned Executed by Michelle Horton. City of La Mesa served. (McBride, Brody) (jmr).
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Filing 5
ORDER Granting #4 Joint Motion for Extension of Time. Defendants County of San Diego, Sobzcak, and MacLeod must file any response to Plaintiffs complaint on or before April 16, 2021. Signed by Judge Marilyn L. Huff on 4/5/2021. (mme)
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Filing 4
Joint MOTION for Extension of Time to File Defendants' Response to Complaint by County of San Diego, Jacob MacLeod, Evan Sobczak. (Attachments: #1 Proof of Service)(Inman, Steven)Attorney Steven Paul Inman, II added to party County of San Diego(pty:dft), Attorney Steven Paul Inman, II added to party Jacob MacLeod(pty:dft), Attorney Steven Paul Inman, II added to party Evan Sobczak(pty:dft) (mme).
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Filing 3
NOTICE of Appearance by Brody A. McBride on behalf of Michelle Horton (McBride, Brody)Attorney Brody A. McBride added to party Michelle Horton(pty:pla) (jmr).
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Filing 2
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mcb)
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Filing 1
COMPLAINT with Jury Demand against City of La Mesa, County of San Diego, Jacob MacLeod, Evan Sobczak, Unknown La Mesa Police Department Personnel, Unknown San Diego Sheriff's Department Personnel ( Filing fee $ 402 receipt number ACASDC-15492160.), filed by Michelle Horton. (Attachments: #1 Civil Cover Sheet)The new case number is 3:21-cv-400-H-BGS. Judge Marilyn L. Huff and Magistrate Judge Bernard G. Skomal are assigned to the case. (Lamere, Trenton) (mcb).
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