Reach Community Development, et al. v. United States Department of Homeland Security, et al.
| REACH COMMUNITY DEVELOPMENT, WHITFIELD TAYLOR, individually and as Parent and Next Friend of Minor Children A.T. and B.T, SHAE ANDERSON, MINDY KING, SUSAN DOOLEY, JANICE LINEBERGER, JANE DOE, REBECCA ROE, REACH B49 PARTNERS, LP, REACH OFFICE, LLC, DIANE MORENO, ERICA DEL NIGRO, individually and as Parent and Next Friend of Minor Child J.D. and ROY BROOKS |
| UNITED STATES DEPARTMENT OF HOMELAND SECURITY, KRISTI NOEM, in her official capacity as Secretary of Homeland Security, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, TODD M. LYONS, in his official capacity as Acting Director of ICE, UNITED STATES CUSTOMS AND BORDER PROTECTION, RODNEY S. SCOTT, in his official capacity as the Commissioner of CBP, FEDERAL PROTECTIVE SERVICE, FARON PARAMORE, in his official capacity as the Director of FPS, UNITED STATES SECRET SERVICE and SEAN M. CURRAN, in his official capacity as Director of the Secret Service |
| WE THE PEOPLE OF THE UNITED STATES |
| 26-1575 |
| March 16, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
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Docket Report
This docket was last retrieved on May 11, 2026. A more recent docket listing may be available from PACER.
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Filing 40
MOTION to Reconsider Nondispositive Order and for Reconsideration En Banc filed by Appellee Reach Community Development, Appellee Whitfield Taylor, Appellee Mindy King, Appellee Susan Dooley, Appellee Janice Lineberger, Appellee Jane Doe, Appellee Rebecca Roe, Appellee Reach B49 Partners, LP, Appellee Reach Office, LLC, Appellee Diane Moreno, Appellee Erica del Nigro, Appellee Roy Brooks.--[Court Update: Updated docket text] [Entered: 05/11/2026 12:51 PM] [Edited: 05/11/2026 02:03 PM]
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Filing 39
TEXT CLERK ORDER. Appellees' Motion to Extend Time to File the Answering Brief until 05/18/2026 (DE 38) is granted. The optional reply brief is due 21 days after the answering brief is served. [Entered: 05/05/2026 11:54 AM] [Edited: 05/05/2026 01:50 PM]
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Filing 38
MOTION to Extend Time to File Brief filed by Appellee Reach Community Development, Appellee Whitfield Taylor, Appellee Mindy King, Appellee Susan Dooley, Appellee Janice Lineberger, Appellee Jane Doe, Appellee Rebecca Roe, Appellee Reach B49 Partners, LP, Appellee Reach Office, LLC, Appellee Diane Moreno, Appellee Erica del Nigro, Appellee Roy Brooks. [Entered: 05/04/2026 04:09 PM]
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Filing 37
UPDATED ORDER FOR PUBLICATION FILED. (Kenneth K. LEE, Ana DE ALBA, Eric C. TUNG) Attached reformatted order. [Entered: 05/01/2026 02:38 PM]
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Filing 36
TEXT ONLY NOTICE: MOTION FOR RECONSIDERATION AND/OR RECONSIDERATION EN BANC. Please note that pursuant to 9th Cir. R. 27-10 (a) (2), unless the time is shortened or expanded by order of this Court, a motion for clarification, modification or reconsideration (including reconsideration or rehearing en banc) of a court order that does not dispose of the entire case on the merits, terminate a case or otherwise conclude proceedings in this Court must be filed within 14 days after entry of the order. This time limit applies whether or not the United States or an agency, officer or employee thereof is a party, as Rule 40(d) of the Federal Rules of Appellate Procedure is inapplicable to such an order. [Entered: 04/27/2026 03:14 PM]
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Filing 35
ORDER FOR PUBLICATION FILED. (Kenneth K. LEE, Ana DE ALBA, Eric C. TUNG) [SEE ORDER FOR FULL TEXT] DEFENDANTS MOTIONS ARE GRANTED. Order by Judge Tung; Dissent by Judge de Alba. [Entered: 04/27/2026 02:55 PM]
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Filing 34
CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 32, DE 33 by Appellants are filed. No paper copies are required. [Entered: 04/13/2026 03:15 PM]
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Filing 33
EXCERPTS OF RECORD submitted for filing by Appellant United States Department of Homeland Security, Appellant Kristi Noem, Appellant United States Immigration and Customs Enforcement, Appellant Todd M. Lyons, Appellant United States Customs and Border Protection, Appellant Rodney S. Scott, Appellant Federal Protective Service, Appellant Faron Paramore, Appellant United States Secret Service, Appellant Sean M. Curran. [Entered: 04/13/2026 02:05 PM]
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Filing 32
OPENING BRIEF submitted for filing by Appellant United States Department of Homeland Security, Appellant Kristi Noem, Appellant United States Immigration and Customs Enforcement, Appellant Todd M. Lyons, Appellant United States Customs and Border Protection, Appellant Rodney S. Scott, Appellant Federal Protective Service, Appellant Faron Paramore, Appellant United States Secret Service, Appellant Sean M. Curran. [Entered: 04/13/2026 02:03 PM]
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Filing 31
ADDED Counsel for Appellee Katharine Schwartzmann [Entered: 04/10/2026 03:31 PM]
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Filing 30
NOTICE OF APPEARANCE by Katharine Schwartzmann for Appellee Diane Moreno, Appellee Erica del Nigro, Appellee Jane Doe, Appellee Janice Lineberger, Appellee Mindy King, Appellee Reach B49 Partners, LP, Appellee Reach Community Development, Appellee Reach Office, LLC, Appellee Rebecca Roe, Appellee Roy Brooks, Appellee Susan Dooley, Appellee Whitfield Taylor. [Entered: 04/10/2026 02:20 PM]
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Filing 29
TERMINATED participation of Amicus Curiae - Pending We the People of the United States. [Entered: 04/09/2026 04:27 PM]
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Filing 28
ORDER FILED. Kenneth K. LEE, Ana DE ALBA, Eric C. TUNG The motion for leave to file a brief as amicus curiae and motion to proceed under pseudonym and to seal personal identifying information, Dkts. No. 25, 26, and 27, are DENIED. [Entered: 04/09/2026 04:23 PM]
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Filing 27
AMICUS BRIEF and MOTION for leave to file and to file late UNDER SEAL filed by Amicus Curiae - Pending We the People of the United States (motion and brief combined together). [Entered: 04/08/2026 12:28 PM]
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Filing 26
MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Amicus Curiae - Pending We the People of the United States (motion to seal combined with amicus brief). [Entered: 04/08/2026 12:25 PM]
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Filing 25
MOTION to Use a Pseudonym filed by Amicus Curiae - Pending We the People of the United States (motion combined with amicus brief). [Entered: 04/08/2026 12:22 PM]
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Filing 24
ADDED Amicus Curiae - Pending We the People of the United States. [Entered: 04/08/2026 12:15 PM]
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Filing 23
RESPONSE to Citation of Supplemental Authorities (28j Letter) (DE 22) filed by Appellant United States Department of Homeland Security, Appellant Kristi Noem, Appellant United States Immigration and Customs Enforcement, Appellant Todd M. Lyons, Appellant United States Customs and Border Protection, Appellant Rodney S. Scott, Appellant Federal Protective Service, Appellant Faron Paramore, Appellant United States Secret Service, Appellant Sean M. Curran. [Entered: 04/06/2026 06:17 AM]
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Filing 22
CITATION of Supplemental Authorities (28j Letter) filed by Appellee Reach Community Development, Appellee Whitfield Taylor, Appellee Mindy King, Appellee Susan Dooley, Appellee Janice Lineberger, Appellee Jane Doe, Appellee Rebecca Roe, Appellee Reach B49 Partners, LP, Appellee Reach Office, LLC, Appellee Diane Moreno, Appellee Erica del Nigro, Appellee Roy Brooks. [Entered: 04/03/2026 12:47 PM]
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Filing 21
REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 11) filed by Appellant United States Department of Homeland Security, Appellant Kristi Noem, Appellant United States Immigration and Customs Enforcement, Appellant Todd M. Lyons, Appellant United States Customs and Border Protection, Appellant Rodney S. Scott, Appellant Federal Protective Service, Appellant Faron Paramore, Appellant United States Secret Service, Appellant Sean M. Curran. [Entered: 04/01/2026 04:19 PM]
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Filing 20
ACKNOWLEDGMENT of hearing notice filed by Brenna Helene Scully for Appellant United States Department of Homeland Security, Appellant Kristi Noem, Appellant United States Immigration and Customs Enforcement, Appellant Todd M. Lyons, Appellant United States Customs and Border Protection, Appellant Rodney S. Scott, Appellant Federal Protective Service, Appellant Faron Paramore, Appellant United States Secret Service, Appellant Sean M. Curran. Hearing in San Francisco - Courtroom 2 in San Francisco, on 4/7/2026 10:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 04/01/2026 12:43 PM]
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Filing 19
NOTICE OF ORAL ARGUMENT on Tuesday, April 7, 2026 - 10:00 A.M. - Courtroom 2 - Scheduled Location: San Francisco CA View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [26-1575] [Entered: 03/31/2026 05:01 PM]
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Filing 18
ORDER FILED. Kenneth K. LEE, Ana DE ALBA, Eric C. TUNG Judge Lee and Judge Tung voted to deny the emergency motion for reconsideration and reconsideration en banc. Judge de Alba voted to grant the emergency motion for reconsideration and reconsideration en banc. The full court was advised of the emergency motion for reconsideration en banc, and no judge requested a vote on whether to reconsider the matter en banc. The emergency motion for reconsideration and reconsideration en banc (Docket Entry No. 14) is DENIED. [Entered: 03/28/2026 10:19 AM]
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Filing 17
ORDER FILED. Kenneth K. LEE, Ana DE ALBA, Eric C. TUNG Appellees motion for leave to file an oversized reply brief, Dkt. 12, is GRANTED. Appellants may file a reply brief that can exceed the word limit by 950 words. [Entered: 03/27/2026 09:55 AM]
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Filing 16
ADDED Counsel for Appellee Daniel F. Jacobson [Entered: 03/27/2026 08:37 AM]
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Filing 15
NOTICE OF APPEARANCE by Daniel F. Jacobson for Appellee Diane Moreno, Appellee Erica del Nigro, Appellee Jane Doe, Appellee Janice Lineberger, Appellee Mindy King, Appellee Reach B49 Partners, LP, Appellee Reach Community Development, Appellee Reach Office, LLC, Appellee Rebecca Roe, Appellee Roy Brooks, Appellee Susan Dooley, Appellee Whitfield Taylor. [Entered: 03/27/2026 06:49 AM]
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Filing 14
PETITION FOR PANEL REHEARING and PETITION FOR REHEARING EN BANC filed by Appellee Reach Community Development, Appellee Whitfield Taylor, Appellee Mindy King, Appellee Susan Dooley, Appellee Janice Lineberger, Appellee Jane Doe, Appellee Rebecca Roe, Appellee Reach B49 Partners, LP, Appellee Reach Office, LLC, Appellee Diane Moreno, Appellee Erica del Nigro, Appellee Roy Brooks. [Entered: 03/26/2026 04:58 PM]
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Filing 13
Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellee Reach Community Development, Appellee Whitfield Taylor, Appellee Mindy King, Appellee Susan Dooley, Appellee Janice Lineberger, Appellee Jane Doe, Appellee Rebecca Roe, Appellee Reach B49 Partners, LP, Appellee Reach Office, LLC, Appellee Diane Moreno, Appellee Erica del Nigro, Appellee Roy Brooks. [Entered: 03/26/2026 04:53 PM]
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Filing 12
MOTION to Accept Oversized Document Other than a Brief filed by Appellee Reach Community Development, Appellee Whitfield Taylor, Appellee Mindy King, Appellee Susan Dooley, Appellee Janice Lineberger, Appellee Jane Doe, Appellee Rebecca Roe, Appellee Reach B49 Partners, LP, Appellee Reach Office, LLC, Appellee Diane Moreno, Appellee Erica del Nigro, Appellee Roy Brooks.--[Court entered filing to correct DE 10] [Entered: 03/26/2026 03:58 PM]
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Filing 11
RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 3) filed by Appellee Reach Community Development, Appellee Whitfield Taylor, Appellee Mindy King, Appellee Susan Dooley, Appellee Janice Lineberger, Appellee Jane Doe, Appellee Rebecca Roe, Appellee Reach B49 Partners, LP, Appellee Reach Office, LLC, Appellee Diane Moreno, Appellee Erica del Nigro, Appellee Roy Brooks.--[Court Update: Updated docket text to reflect correct party filers.] [Entered: 03/26/2026 03:50 PM] [Edited: 03/26/2026 04:04 PM]
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Filing 10
DEFECTIVE --- MOTION to File Oversized Brief filed by Appellee Reach Community Development, Appellee Whitfield Taylor, Appellee Mindy King, Appellee Susan Dooley, Appellee Janice Lineberger, Appellee Jane Doe, Appellee Rebecca Roe, Appellee Reach B49 Partners, LP, Appellee Reach Office, LLC, Appellee Diane Moreno, Appellee Erica del Nigro, Appellee Roy Brooks.--[Wrong filing type, correct entry is DE 12] [Entered: 03/26/2026 03:47 PM] [Edited: 03/26/2026 03:58 PM]
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Filing 9
ORDER FILED. Kenneth K. LEE, Ana DE ALBA, Eric C. TUNG (Dissent by Judge de Alba) The court has received the governments emergency motion for a stay pending appeal, which includes a request for an immediate administrative stay pending full review of the emergency motion for a stay pending appeal. Dkt. No. 3. The request for a temporary administrative stay is GRANTED. An administrative stay is intended to minimize harm while an appellate court deliberates and lasts no longer than necessary to make an intelligent decision on the motion for stay pending appeal. United States v. Texas, 144 S. Ct. 797, 798-99 (2024) (Barrett, J., concurring). An administrative stay does not constitute in any way a decision as to the merits of the motion for a stay pending appeal. Doe #1 v. Trump, 944 F.3d 1222, 1223 (9th Cir. 2019). We defer weighing the Nken factors until the motion for stay pending appeal is considered. Natl Urb. League v. Ross, 977 F.3d 698, 702 (9th Cir. 2020) (footnote omitted). Here, the administrative stay is granted to maintain the status quo. The court orders expedited briefing for the motions to stay pending appeal and to stay district court proceedings. The response is due March 26, 2026 at 5:00 PM PST. The optional reply is due April 1, 2026 at 5:00 PM PST. Oral argument for this case and Dickinson, et al. v. Trump, et al. will be consolidated and will occur on April 7, 2026 at 10:00 AM PST. The argument will be heard virtually via Zoom. [Entered: 03/25/2026 04:31 PM]
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Filing 8
RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 03/24/2026 04:09 PM]
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Filing 7
MEDIATION QUESTIONNAIRE filed by Appellant United States Department of Homeland Security, Appellant Kristi Noem, Appellant United States Immigration and Customs Enforcement, Appellant Todd M. Lyons, Appellant United States Customs and Border Protection, Appellant Rodney S. Scott, Appellant Federal Protective Service, Appellant Faron Paramore, Appellant United States Secret Service, Appellant Sean M. Curran. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 03/19/2026 12:55 PM]
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Filing 6
REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 4) filed by Appellant United States Department of Homeland Security, Appellant Kristi Noem, Appellant United States Immigration and Customs Enforcement, Appellant Todd M. Lyons, Appellant United States Customs and Border Protection, Appellant Rodney S. Scott, Appellant Federal Protective Service, Appellant Faron Paramore, Appellant United States Secret Service, Appellant Sean M. Curran. [Entered: 03/17/2026 06:05 PM]
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Filing 5
NOTICE OF APPEARANCE by August E. Flentje for Appellant Faron Paramore, Appellant Federal Protective Service, Appellant Kristi Noem, Appellant Rodney S. Scott, Appellant Sean M. Curran, Appellant Todd M. Lyons, Appellant United States Customs and Border Protection, Appellant United States Department of Homeland Security, Appellant United States Immigration and Customs Enforcement, Appellant United States Secret Service. [Entered: 03/17/2026 01:44 PM]
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Filing 4
RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 3) filed by Appellee Reach Community Development, Appellee Whitfield Taylor, Appellee Mindy King, Appellee Susan Dooley, Appellee Janice Lineberger, Appellee Jane Doe, Appellee Rebecca Roe, Appellee Reach B49 Partners, LP, Appellee Reach Office, LLC, Appellee Diane Moreno, Appellee Erica del Nigro, Appellee Roy Brooks. [Entered: 03/17/2026 08:29 AM]
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Filing 3
MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant United States Department of Homeland Security, Appellant Kristi Noem, Appellant United States Immigration and Customs Enforcement, Appellant Todd M. Lyons, Appellant United States Customs and Border Protection, Appellant Rodney S. Scott, Appellant Federal Protective Service, Appellant United States Secret Service, Appellant Sean M. Curran, Appellant Faron Paramore. [COURT UPDATE: appellant Faron Paramore was originally left out of docket text; updating docket text to reflect complete list of movants]. [Entered: 03/16/2026 05:31 PM] [Edited: 03/17/2026 01:42 PM]
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Filing 2
PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 3/23/2026, Preliminary Injunction Answering Brief Due (Appellee) 5/11/2026, Preliminary Injunction Opening Brief Due (Appellant) 4/13/2026. For appeal no. 26-1575, 3:25-cv-02257-AB.All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 03/16/2026 04:59 PM]
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Filing 1
CASE OPENED. A copy of your notice of appeal / petition filed in 3:25-cv-02257-AB has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 26-1575 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 03/16/2026 04:41 PM]
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