Securities and Exchange Commission v. Earle et al

Justia Dockets & Filings Ninth Circuit California Southern District Securities and Exchange Commission v. Earle et al

Securities and Exchange Commission v. Earle et al

Plaintiff:	Securities and Exchange Commission
Defendant:	Joseph R. Earle, Jr., Barry D. Reagh, William Clayton, Francis T. Dudley, Steven E. Bryant, Upper Street Marketing, Inc. and Project Growth International, Inc.
Case Number:	3:2022cv01914
Filed:	December 5, 2022
Court:	US District Court for the Southern District of California
Presiding Judge:	Jill L Burkhardt
Referring Judge:	Steve B Chu
2 Judge:	Mitchell D Dembin
3 Judge:	Marilyn L Huff
4 Judge:	Andrew G Schopler
Nature of Suit:	Securities/Commodities
Jury Demanded By:	Defendant

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Docket Report

This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.

Date Filed	Document Text
October 12, 2023	Filing 85 ORDER Granting Joint #84 Motion to Dismiss Party. Project Growth International, Inc. terminated.. Signed by Judge Marilyn L. Huff on 10/12/2023. (mjw)
September 11, 2023	Filing 84 Joint MOTION to Dismiss Party Project Growth International, Inc. by Securities and Exchange Commission. (Miller, Douglas) (mjw).
August 28, 2023	Filing 83 SCHEDULING ORDER: Regulating Discovery and Other Pretrial Proceedings. Status Conference set for 12/19/2023 09:30 AM before Magistrate Judge Steve B. Chu. Mandatory Settlement Conference set for 3/29/2024 09:30 AM before Magistrate Judge Steve B. Chu. Memorandum of Contentions of Fact and Law due by 8/30/2024. Proposed Pretrial Order due by 9/23/2024. Final Pretrial Conference set for 9/30/2024 10:30 AM before Judge Marilyn L. Huff.(All non-registered users served via U.S. Mail Service) (maq)
August 25, 2023	Filing 82 Minute Entry for proceedings held before Magistrate Judge Steve B. Chu: Early Neutral Evaluation and Case Management Conference held on 8/25/2023. The case did not settle. Order to follow. (Plaintiff Attorney Douglas Miller). (Defendant Attorney Thomas Riske; Andrew Holmes; James Sallah). (Randy Katz). (All non-registered users served via U.S. Mail Service)(no document attached) (mef1)
August 2, 2023	Filing 81 NOTICE AND ORDER for Video Early Neutral Evaluation Conference and Video Case Management Conference. Early Neutral Evaluation and Case Management Conference set for 8/25/2023 09:30 AM before Magistrate Judge Steve B. Chu. Joint Discovery Plan due 8/18/2023. Signed by Magistrate Judge Steve B. Chu on 08/02/2023.(All non-registered users served via U.S. Mail Service)(mjw) (Main Document 81 replaced on 8/3/2023) (mef1). (Main Document 81 replaced on 8/3/2023) (mef1).
August 1, 2023	Filing 80 JOINT DISCOVERY PLAN by Securities and Exchange Commission re #74 Notice and Order for Early Neutral Evaluation conference, Renewed Joint Discovery Plan (Miller, Douglas)(mjw).
July 24, 2023	Filing 79 STIPULATED CONSENT JUDGMENT. Signed by Judge Marilyn L. Huff on 7/24/2023.(All non-registered users served via U.S. Mail Service)(jrm)
July 21, 2023	Filing 78 MOTION to Approve Consent Judgment as to Defendant Francis T. Dudley by Securities and Exchange Commission. (Miller, Douglas)
July 17, 2023	Filing 77 RESPONSE re #76 Notification of Bankruptcy filed by Securities and Exchange Commission. (Miller, Douglas) (jrm).
July 14, 2023	Filing 76 NOTIFICATION OF BANKRUPTCY Upon the Record as to Joseph R Earle Jr by Joseph R. Earle, Jr. (Riske, Thomas)
July 6, 2023	Filing 75 MINUTE ORDER OF TRANSFER. Magistrate Judge Jill L. Burkhardt is no longer assigned. Case reassigned to Magistrate Judge Steve B. Chu for all further proceedings. The new case number is 22cv1914-H-SBC.(All non-registered users served via U.S. Mail Service)(no document attached) (sjt)
June 29, 2023	Filing 74 NOTICE AND ORDER for Early Neutral Evaluation and Case Management Conference. Early Neutral Evaluation set for 8/15/2023 at 1:45 PM before Magistrate Judge Jill L. Burkhardt. Case Management Conference set for 8/15/2023 at 1:45 PM before Magistrate Judge Jill L. Burkhardt. Joint Discovery Plan due 8/7/2023. Signed by Magistrate Judge Jill L. Burkhardt on 6/29/23.(All non-registered users served via U.S. Mail Service)(dlg)
June 26, 2023	Filing 73 Stipulated Consent Judgment. Signed by Judge Marilyn L. Huff on 6/26/2023.(All non-registered users served via U.S. Mail Service)(jrm)
June 26, 2023	Filing 72 ORDER Granting Motion to Withdraw as Counsel of Record (Doc. No. #70 ). Attorney Ana Petrovic terminated. Signed by Judge Marilyn L. Huff on 6/26/2023. (All non-registered users served via U.S. Mail Service)(jrm)
June 23, 2023	Filing 71 NOTICE of Settlement Consent to Judgment of Defendant Upper Street Marketing, Inc. by Securities and Exchange Commission (Miller, Douglas)(jrm).
June 23, 2023	Filing 70 MOTION to Withdraw as Attorney by Securities and Exchange Commission. (Attachments: #1 Declaration of Ana Petrovic)(Petrovic, Ana) (jrm).
June 22, 2023	Filing 69 ANSWER to #59 Amended Complaint by William Clayton.(Holmes, Andrew) (sjt).
June 22, 2023	Filing 68 ANSWER to #59 Amended Complaint by Barry D. Reagh.(Holmes, Andrew) (sjt).
June 5, 2023	Filing 67 ANSWER to #59 Amended Complaint by Francis T. Dudley.(Sallah, James)(jrm).
May 30, 2023	Filing 66 ORDER Granting Joint Motion to Extend Time to Respond to Second Amended Complaint (Doc. No. #65 ). Defendant Francis T. Dudley must file a response to the second amended complaint on or before 6/5/2023. Signed by Judge Marilyn L. Huff on 5/30/2023. (All non-registered users served via U.S. Mail Service)(jrm)
May 25, 2023	Filing 65 Joint MOTION for Extension of Time to File Response/Reply to the Second Amended Complaint by Francis T. Dudley. (Sallah, James) (jrm).
May 25, 2023	Filing 64 ANSWER to #59 Amended Complaint by Joseph R. Earle, Jr.(Riske, Thomas)(jrm).
May 2, 2023	Filing 63 MINUTE ORDER OF TRANSFER. Magistrate Judge Mitchell D. Dembin is no longer assigned. Case reassigned to Magistrate Judge Jill L. Burkhardt for all further proceedings. The new case number is 3:22-cv-01914-H-JLB.(no document attached) (jrm)
May 1, 2023	Filing 62 NOTICE of Appearance by Ana Petrovic on behalf of Securities and Exchange Commission (Petrovic, Ana)Attorney Ana Petrovic added to party Securities and Exchange Commission(pty:pla) (jrm).
April 25, 2023	Filing 61 Order: (1) Granting Plaintiff Leave to File Second Amended Complaint (2) Setting Deadlines for Responses. The Court granted Defendant Steven E. Bryant the right to use the Electronic Filing System to facilitate receipt of case documents under Civil Local Rule 5.4. Signed by Judge Marilyn L. Huff on 4/25/2023. (All non-registered users served via U.S. Mail Service)(jrm)
April 24, 2023	Filing 60 Minute Order for proceedings held before Judge Marilyn L. Huff: Telephonic Status Conference held on 4/24/2023. The Court grants Steven E. Bryant the ability to efile on the docket, with the guidelines outlined on the record. The Court will issue an order. (ECR Lynnette Lawrence). (Plaintiff Attorney Douglas McKinley Miller).(Defendant Attorneys Randolf Warner Katz, Thomas H Riske, James D. Sallah, Andrew Holmes).(Steven E. Bryant, Pro Se). (no document attached) (rlw) Modified text on 4/25/2023 (rlw).
April 24, 2023	Filing 59 AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Securities and Exchange Commission. (Miller, Douglas)(jrm).
April 20, 2023	Filing 58 ORDER Following Status Conference. Signed by Magistrate Judge Mitchell D. Dembin on 4/20/2023.(All non-registered users served via U.S. Mail Service)(jrm)
April 20, 2023	Filing 57 NOTICE of Appearance Of Randolf W. Katz by Dean A. Olson on behalf of Upper Street Marketing, Inc. (Olson, Dean) QC Mailer sent to attorney. Name of attorney who filed is not the same as the attorney on the notice of appearance (aas).
April 20, 2023	Filing 56 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Status Conference held on 4/20/2023. (Plaintiff Attorney Douglas Miller). (Defendant Attorneys Thomas H. Riske, James D. Sallah, Randolf W. Katz). (John Quinn and Ambassador Ned Siegel on behalf of Upper Street Marketing, Inc. also appeared). Written order to follow. (no document attached) (cdc)
April 19, 2023	Filing 55 ANSWER to #3 Amended Complaint by Joseph R. Earle, Jr.(Riske, Thomas)(jrm).
April 11, 2023	Filing 54 Order Denying Defendant Francis T. Dudley's Motion to Dismiss. Defendant must file an answer to the First Amended Complaint within 30 days of the date of this Order. Signed by Judge Marilyn L. Huff on 4/10/2023. (All non-registered users served via U.S. Mail Service)(jrm)
April 10, 2023	Filing 53 Minute Entry for proceedings held before Judge Marilyn L. Huff: Telephonic Motion Hearing held on 4/10/2023 re #22 MOTION to Dismiss for Failure to State a Claim and #35 MOTION to Strike. Order to Follow. (Court Reporter/ECR Lynnette Lawrence). (Plaintiff Attorney Douglas McKinley Miller). (Defendant Attorneys Andrew Bryan Holmes, James D. Sallah). (no document attached) (rlw)
April 10, 2023	Filing 52 JOINT DISCOVERY PLAN by Securities and Exchange Commission (Miller, Douglas) (jrm).
April 10, 2023	Filing 51 ORDER Continuing Hearing (Doc. No. #35 ). The Court continues the hearing on Plaintiff's motion to 4/24/24, 2023 at 10:30 a.m. The hearing will be telephonic Defendant Project Growth International must appear through counsel. If Defendant Project Growth International fails to get counsel, Plaintiff may move for default. Signed by Judge Marilyn L. Huff on 4/10/2023.(All non-registered users served via U.S. Mail Service)(jrm)
April 5, 2023	Filing 50 RESPONSE in Support re #22 MOTION to Dismiss for Failure to State a Claim filed by Francis T. Dudley. (Sallah, James) (jrm).
April 3, 2023	Filing 49 ORDER Granting Joint Motion for Extension of Time to File Reply in Support of Motion to Dismiss (Doc. No. #48 ). Signed by Judge Marilyn L. Huff on 4/3/2023. (All non-registered users served via U.S. Mail Service)(jrm)
April 3, 2023	Filing 48 Joint MOTION for Extension of Time to File Response/Reply in Support of Motion to Dismiss by Francis T. Dudley. (Sallah, James) (jrm).
April 3, 2023	Filing 47 NOTICE of Failure to File Opposition to Motion by Securities and Exchange Commission re #35 MOTION to Strike #31 Answer to Amended Complaint Motion to Require Defendant Steven E. Bryant to Amend his Answer and to Strike Any Answer on Behalf of Defendant Project Growth International, Inc. (Miller, Douglas) (jrm).
March 29, 2023	Filing 46 Pretrial Disclosures by Joseph R. Earle, Jr Rule 26 Disclosures (Riske, Thomas)(jrm).
March 29, 2023	Filing 45 NOTICE of Teleconference Information Sheet. Teleconference set for 4/20/2023 at 9:30 a.m. (All non-registered users served via U.S. Mail Service)(mef1) Modified on 3/29/2023 to correct date; NEF regenerated (dls).
March 29, 2023	Filing 44 Order Setting Telephonic Status Conference: Counsel and Pro Se Parties are ordered to attend a telephonic Status Conference on April 20, 2023 at 9:30 a.m. before Magistrate Judge Mitchell D. Dembin. Counsel and Pro Se Parties are ordered to use the dial-in information filed as a separate notice to access the Court's teleconference service. (The teleconference information sheet can be accessed through ECF using the login information assigned to an attorney of record in the case and then selecting the report option. On the next screen, the docket sheet option should be selected, prompting the user for a PACER login (assigned to the attorney of record). Once the PACER login is completed, the case number can be entered which will display the docket sheet for the case and allow the user to open the teleconference information sheet.). IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 3/29/2023. (All non-registered users served via U.S. Mail Service)(no document attached)(mef1) Modified on 3/29/2023 to correct docket text (dls).
March 27, 2023	Filing 43 RESPONSE in Opposition re #22 MOTION to Dismiss for Failure to State a Claim filed by Securities and Exchange Commission. (Miller, Douglas) (jrm).
March 23, 2023	Filing 42 ORDER Approving #41 Pro Hac Vice Application of Thomas H Riske. Signed by Judge Marilyn L. Huff on 3/22/2023.(jrm)
March 22, 2023	Filing 41 Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Riske, Thomas) (jrm).
March 22, 2023	Filing 40 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17690794.) (Application to be reviewed by Clerk.) (Riske, Thomas) QC mailer sent re incorrect form on 3/22/2023 (jrm).
March 21, 2023	Filing 39 ORDER Granting Motion for Extension of Time to Respond to Complaint. Defendant must file a response to the complaint on or before 4/19/2023. Signed by Judge Marilyn L. Huff on 3/21/2023. (All non-registered users served via U.S. Mail Service)(jrm)
March 20, 2023	Filing 38 MOTION for Extension of Time to File Answer by Joseph R. Earle, Jr. (Babel, Tina)(jrm).
March 16, 2023	Filing 37 Order Vacating Early Neutral Evaluation ("ENE") and Case Management Conference ("CMC"): The Court VACATES the ENE/CMC set for April 20, 2023. The hearings will be rescheduled once all Defendants have filed an Answer. IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 3/16/2023. (All non-registered users served via U.S. Mail Service)(no document attached) (mef1)
March 14, 2023	Filing 36 MINUTE ORDER OF TRANSFER. IT IS HEREBY ORDERED that this case be transferred from the calendar of the Honorable Andrew G. Schopler to the calendar of the Honorable Mitchell D. Dembin for all further proceedings. All conference or hearing dates currently set before Magistrate Judge Mitchell D. Dembin remain as scheduled before Judge Schopler. Any dates set before any district judge remain unchanged. The new case number is 22cv1914-H-MDD.(All non-registered users served via U.S. Mail Service)(no document attached) (jms)
March 8, 2023	Filing 35 MOTION to Strike #31 Answer to Amended Complaint Motion to Require Defendant Steven E. Bryant to Amend his Answer and to Strike Any Answer on Behalf of Defendant Project Growth International, Inc. by Securities and Exchange Commission. (Miller, Douglas) (jms).
February 28, 2023	Filing 34 NOTICE of Withdrawal of counsel Maryam Danishwar by Upper Street Marketing, Inc. re #28 Answer to Amended Complaint (Olson, Dean) (jms).
February 28, 2023	Filing 33 NOTICE of Appearance by Dean A. Olson on behalf of Upper Street Marketing, Inc. (Olson, Dean)Attorney Dean A. Olson added to party Upper Street Marketing, Inc.(pty:dft)(jms).
February 28, 2023	Filing 32 NOTICE AND ORDER (1) For Early Neutral Evaluation Conference and (2) Setting Rule 26 Compliance and Case Management Conference. Early Neutral Evaluation and Case Management Conference set for 4/20/2023 09:00 AM before Magistrate Judge Andrew G. Schopler. Joint Discovery Plan due 4/10/2023. Signed by Magistrate Judge Andrew G. Schopler on 2/28/2023.(All non-registered users served via U.S. Mail Service)(jms)
February 27, 2023	Filing 31 ANSWER to #3 Amended Complaint by Steven E. Bryant.(jms)
February 22, 2023	Filing 30 ORDER Approving #21 Pro Hac Vice Application of James D. Sallah. Signed by Judge Marilyn L. Huff on 2/22/2023.(jrm)
February 21, 2023	Filing 29 Corporate Disclosure Statement by Upper Street Marketing, Inc.. No Corporate Parents/Interested Parties. (Danishwar, Maryam) (jms).
February 21, 2023	Filing 28 UPPER STREET MARKETING, INC.'S ANSWER to #3 Amended Complaint by Upper Street Marketing, Inc..(Danishwar, Maryam)Attorney Maryam Danishwar added to party Upper Street Marketing, Inc.(pty:dft) (jms).
February 21, 2023	Filing 27 MINUTE ORDER: The Court sets a Motion Hearing for 4/10/2023 10:30 AM in Courtroom 12A before Judge Marilyn L. Huff as to #22 Motion to Dismiss for Failure to State a Claim. SO ORDERED by Judge Marilyn L. Huff on 2/21/2023. (no document attached) (rlw)
February 17, 2023	Filing 26 ORDER granting #23 Motion for Extension of Time to Answer Complaint. Signed by Judge Marilyn L. Huff on 2/16/2023. (jms)
February 16, 2023	Filing 25 ANSWER to #3 Amended Complaint by Barry D. Reagh.(Holmes, Andrew) (jms).
February 16, 2023	Filing 24 ANSWER to #3 Amended Complaint by William Clayton.(Holmes, Andrew) (jms).
February 16, 2023	Filing 23 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Joseph R. Earle, Jr. (Babel, Tina) (jms).
February 15, 2023	Filing 22 MOTION to Dismiss for Failure to State a Claim by Francis T. Dudley. (Nurik, Marc) qc mailer sent for missing hearing date and time, instructed to refile (jms).
February 15, 2023	Filing 21 Request to Appear Pro Hac Vice (Filing fee received: $213.00 receipt number ACASDC-17589381.) (Application to be reviewed by Clerk.) (Sallah, James)(jrd)
February 13, 2023	Filing 20 ORDER granting #19 Motion to Extend Time to Respond to the Complaint. Responses due by 2/15/2023. Signed by Judge Marilyn L. Huff on 2/13/2023. (jms)
February 9, 2023	Filing 19 Joint MOTION for Extension of Time to File Response/Reply by Francis T. Dudley. (Attachments: #1 Supplement)(Nurik, Marc) (jms).
February 9, 2023	Filing 18 NOTICE of Appearance by Marc Steven Nurik on behalf of Francis T. Dudley (Nurik, Marc)Attorney Marc Steven Nurik added to party Francis T. Dudley(pty:dft) (jms).
January 26, 2023	Filing 17 ORDER granting #16 Motion for Extension of Time to Answer #1 Complaint. Joseph R. Earle, Jr answer due 2/16/2023.. Signed by Judge Marilyn L. Huff on 1/26/2023. (jms)
January 25, 2023	Filing 16 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Joseph R. Earle, Jr. (Babel, Tina)(jms).
January 18, 2023	Filing 15 ORDER granting #14 Motion for Extension of Time to Respond to Complaint. William Clayton and Barry D. Reagh answer due 2/16/2023.. Signed by Judge Marilyn L. Huff on 1/18/2023. (jms)
January 17, 2023	Filing 14 Joint MOTION for Extension of Time to File Answer re #3 Amended Complaint By Stipulation by William Clayton, Barry D. Reagh. (Attachments: #1 Proposed Order)(Holmes, Andrew)Attorney Andrew Bryan Holmes added to party William Clayton(pty:dft), Attorney Andrew Bryan Holmes added to party Barry D. Reagh(pty:dft) qc mailer sent re attached proposed order (jms).
January 13, 2023	Filing 13 SUMMONS Returned Executed by Securities and Exchange Commission. Barry D. Reagh served. (Miller, Douglas)
December 29, 2022	Filing 12 ORDER granting #10 Joint Motion to Extend Time to Respond to Complaint. Signed by Judge Marilyn L. Huff on 12/29/2022. (jms)
December 27, 2022	Filing 11 SUMMONS Returned Executed by Securities and Exchange Commission. William Clayton served. (Miller, Douglas)(jms).
December 27, 2022	Filing 10 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Joseph R. Earle, Jr. (Babel, Tina) (jms).
December 27, 2022	Filing 9 NOTICE of Appearance by Tina N. Babel on behalf of Joseph R. Earle, Jr (Babel, Tina)Attorney Tina N. Babel added to party Joseph R. Earle, Jr(pty:dft)(jms).
December 20, 2022	Filing 8 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission, as to Upper Street Marketing, Inc.. (Miller, Douglas) (sjt).
December 16, 2022	Filing 7 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission, as to Francis T. Dudley. (Miller, Douglas)(ave).
December 9, 2022	Filing 6 SUMMONS Returned Executed by Securities and Exchange Commission. Project Growth International, Inc. served. (Miller, Douglas) (alns).
December 9, 2022	Filing 5 SUMMONS Returned Executed by Securities and Exchange Commission. Steven E. Bryant served. (Miller, Douglas) (alns).
December 7, 2022	Filing 4 SUMMONS Returned Executed by Securities and Exchange Commission. Joseph R. Earle, Jr served. (Miller, Douglas) (alns).
December 5, 2022	Filing 3 AMENDED COMPLAINT against All Defendants, filed by Securities and Exchange Commission. (Miller, Douglas) (jms).
December 5, 2022	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. (ggv)(jrd)
December 5, 2022	Filing 1 COMPLAINT Against Joseph R. Earle, Jr., Barry D. Reagh, William Clayton, Francis T. Dudley, Steven E. Bryant, Upper Street Marketing, Inc., Project Growth International, Inc. Fee Waived, filed by Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet)The new case number is 3:22-cv-1914-H-AGS. Judge Marilyn L. Huff and Magistrate Judge Andrew G. Schopler are assigned to the case. (Miller, Douglas)(ggv)(jrd)

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Plaintiff: Securities and Exchange Commission
Represented By:	Douglas McKinley Miller
Represented By:	Roberto A Tercero
Represented By:	Ana Petrovic
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Defendant: Joseph R. Earle, Jr.
Represented By:	Tina N. Babel
Represented By:	Thomas H Riske
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Defendant: Barry D. Reagh
Represented By:	Andrew Bryan Holmes
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Defendant: William Clayton
Represented By:	Andrew Bryan Holmes
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Defendant: Francis T. Dudley
Represented By:	James D. Sallah
Represented By:	Marc Steven Nurik
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Defendant: Steven E. Bryant
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Defendant: Upper Street Marketing, Inc.
Represented By:	Maryam Danishwar
Represented By:	Randolf Warner Katz
Represented By:	Dean A. Olson
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Defendant: Project Growth International, Inc.
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