Peck v. Encana Oil & Gas, Inc.

Peck v. Encana Oil & Gas, Inc.

Plaintiff:	Mickey L. Peck and Ronald L Dent
Defendant:	Encana Oil & Gas, Inc.
Case Number:	1:2015cv01800
Filed:	August 20, 2015
Court:	US District Court for the District of Colorado
Office:	Denver Office
County:	Weld
Presiding Judge:	Christine M Arguello
Referring Judge:	Kelly H Rankin
Nature of Suit:	Labor: Fair Standards
Cause of Action:	29 U.S.C. § 201 Denial of Overtime Compensation
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on February 22, 2018. A more recent docket listing may be available from PACER.

Date Filed	Document Text
February 22, 2018	Filing 71 ORDER Approving Settlement and Dismissing This Case.The Parties' Joint Motion to Approve the Confidential Settlement Agreement (Doc. #67 ) is GRANTED. The Confidential Settlement (Doc. #69 ) is APPROVED, including all terms set forth therein and the pro rata distribution of funds set forth in the attached exhibits. This case is DISMISSED WITH PREJUDICE, with each party to bear their own costs and fees except as stated in the Parties' Confidential Settlement Agreement. The Court GRANTS the Parties' Joint Motion for Dismissal of Plaintiff Ronald L. Dents claims and DISMISSES those claims WITH PREJUDICE. (Doc. #66 .) By Judge Christine M. Arguello on 02/22/2018. (athom, )
January 22, 2018	Filing 70 ORDER granting #68 Motion for Leave to Restrict. Doc. #69 , all exhibits attached thereto, and any orders that may reveal the contents of these documents shall have a Level 1 Restriction. SO ORDERED by Judge Christine M. Arguello on 1/22/2018. Text Only Entry (cmasec)
January 12, 2018	Filing 69 RESTRICTED DOCUMENT - Level 1: Confidential Settlement Agreement and Release of Claims by Defendant Encana Oil & Gas, Inc. (Yeh, Andrew) Modified on 1/12/2018 to add title of document (athom, ).
January 11, 2018	Filing 68 Joint MOTION for Leave to File Settlement Agreement Under Seal by Defendant Encana Oil & Gas, Inc. (Attachments: #1 Proposed Order (PDF Only))(Yeh, Andrew) Modified on 1/12/2018 to correct event (athom, ).
January 11, 2018	Filing 67 Joint Motion to Approve Settlement Agreement by Defendant Encana Oil & Gas, Inc. (Attachments: #1 Proposed Order (PDF Only))(Yeh, Andrew) Modified on 1/12/2018 to correct event and text (athom, ).
January 11, 2018	Filing 66 Joint MOTION to Dismiss with Prejudice by Defendant Encana Oil & Gas, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Yeh, Andrew)
December 29, 2017	Filing 65 ORDER granting #64 Motion to Withdraw as Attorney. Attorney Matthew Spohn is permitted to withdraw as counsel for Defendant Encana Oil & Gas Inc. The Court notes that Defendant Encana Oil & Gas, Inc. continues to be represented by Andrew Yeh. FURTHER ORDERED that the Clerk of the Court is DIRECTED to delete Mr. Spohn's email address from future ECF filings and electronic notifications in this case. SO ORDERED by Judge Christine M. Arguello on 12/29/2017. Text Only Entry (cmasec)
December 21, 2017	Filing 64 MOTION to Withdraw as Attorney by Defendant Encana Oil & Gas, Inc.. (Spohn, Matthew)
December 21, 2017	Filing 63 NOTICE of Entry of Appearance by Andrew Allen Yeh on behalf of Encana Oil & Gas, Inc.Attorney Andrew Allen Yeh added to party Encana Oil & Gas, Inc.(pty:dft) (Yeh, Andrew)
November 8, 2017	Filing 62 REASSIGNING MAGISTRATE JUDGE: During Magistrate Judge Shaffer's unavailability, this case is reassigned to Magistrate Judge Kelly H. Rankin of the District of Wyoming, who is substituted as the referral judge. All future pleadings should reference Magistrate Judge Rankin at the end of the civil action number (such as 17-cv-0001-MSK-KHR). Unless otherwise ordered, the dates and times for all scheduled matters will be maintained. Parties shall continue to communicate with Magistrate Judge Shaffer's chambers regarding this case. (Text only entry - no document attached) (athom, )
September 6, 2017	Filing 61 NOTICE of Change of Address/Contact Information by Matthew David Spohn (Spohn, Matthew)
August 9, 2017	Filing 60 NOTICE of Filing Consent Forms by Plaintiff Mickey L. Peck (Attachments: #1 Consent Form of Christopher Dickens, #2 Consent Form of Jack Russell)(Foty, Don)
March 3, 2017	Filing 59 TRANSCRIPT of Rule 16(b) Scheduling Conference held on February 22, 2017 before Magistrate Judge Shaffer. Pages: 1-6. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Stevens-Koenig Reporting, )
February 22, 2017	Filing 58 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 2/22/2017. Within 30 days of the close of the opt-in period, counsel shall contact Magistrate Judge Shaffer's chambers (303-844-2117) to set a further scheduling conference. FTR: Courtroom A-402. (amont, )
February 21, 2017	Filing 57 Proposed Scheduling Order by Defendant Encana Oil & Gas, Inc.. (Spohn, Matthew)
February 7, 2017	Filing 56 ORDER Regarding the Parties' Joint Stipulation for Conditional Certification and Notice (Doc. #55 ). The Court GRANTS the Joint Stipulation and APROVES the Notice and Consent forms (Doc. # 55-1) as indicated in the attached Order. Plaintiff's Motion to Certify Class (Doc. #42 ) is DISMISSED AS MOOT. By Judge Christine M. Arguello on 02/07/2017. (athom, )
February 3, 2017	Filing 55 STIPULATION for Conditional Certification and Notice by Plaintiff Mickey L. Peck. (Attachments: #1 Exhibit 1)(Foty, Don)
January 26, 2017	Filing 54 ORDER granting #53 Second Unopposed Motion for Extension of Time to File Response. Defendant shall have up to and including 2/3/2017 within which to file its Response to #42 Plaintiff's Motion for Conditional Certification. SO ORDERED by Judge Christine M. Arguello on 1/26/2017. Text Only Entry (cmasec)
January 26, 2017	Filing 53 Unopposed MOTION for Extension of Time to File Response/Reply as to #42 MOTION to Certify Class by Defendant Encana Oil & Gas, Inc.. (Spohn, Matthew)
January 18, 2017	Filing 52 ORDER granting #50 Motion to Withdraw as Attorney. Attorney John Neuman is permitted to withdraw as counsel for Plaintiff. The Court notes that Plaintiff continues to be represented by Patrick Leyendecker and Don Foty. FURTHER ORDERED that the Clerk of the Court is DIRECTED to delete Mr. Neuman's email address from future ECF filings and electronic notifications in this case. SO ORDERED BY Judge Christine M. Arguello on 1/18/2017. Text Only Entry (cmasec)
January 17, 2017	Filing 51 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #50 MOTION to Withdraw as Attorney filed by attorney John A. Neuman. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (athom, )
January 16, 2017	Filing 50 MOTION to Withdraw as Attorney by Plaintiff Ronald L Dent. (Attachments: #1 Proposed Document)(Neuman, John)
January 9, 2017	Filing 49 Defendant's ANSWER to #33 Amended Complaint , Affirmative and other Defenses by Encana Oil & Gas, Inc..(Spohn, Matthew)
January 9, 2017	Filing 48 ORDER granting #47 Unopposed Motion for Extension of Time to File Response. Defendant shall have up to and including 1/27/2017 within which to file a Response to #42 Plaintiff's Motion for Conditional Certification. SO ORDERED by Judge Christine M. Arguello on 1/9/2017. Text Only Entry (cmasec)
January 6, 2017	Filing 47 Unopposed MOTION for Extension of Time to File Response/Reply as to #42 MOTION to Certify Class by Defendant Encana Oil & Gas, Inc.. (Spohn, Matthew)
December 27, 2016	Filing 46 ORDER granting #45 Motion for Leave to File Excess Pages. Plaintiff is permitted to file its Expedited Motion for Conditional Certification in excess of this Court's page limitations. It is FURTHER ORDERED that Plaintiff's #42 Expedited Motion for Conditional Certification is accepted as filed. SO ORDERED BY Judge Christine M. Arguello on 12/27/2016. Text Only Entry (cmalc1)
December 27, 2016	Filing 45 MOTION for Leave to File Excess Pages for Plaintiff's Motion for Conditional Certification by Plaintiff Mickey L. Peck. (Attachments: #1 Proposed Order (PDF Only))(Foty, Don)
December 27, 2016	Filing 44 ORDER denying as moot #41 Motion for Leave to File Excess Pages. Plaintiff's motion concerns a response, which has previously been ruled on (Doc. # 13). Should Plaintiff seek additional pages for its Motion for Conditional Certification, it must file a motion requesting additional pages for that motion. SO ORDERED BY Judge Christine M. Arguello on 12/27/2016. Text Only Entry (cmalc1)
December 27, 2016	Filing 43 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Encana Oil & Gas, Inc.. Encana Oil & Gas, Inc. answer due 1/9/2017. (Spohn, Matthew)
December 23, 2016	Filing 42 MOTION to Certify Class by Plaintiff Mickey L. Peck. (Attachments: #1 Exhibit Proposed Notice of Rights, #2 Exhibit Consent Form, #3 Exhibit Declaration of M. Peck, #4 Exhibit Declaration of R. Dent, #5 Proposed Order (PDF Only))(Foty, Don)
December 23, 2016	Filing 41 MOTION for Leave to File Excess Pages for Plaintiff's Motion for Conditional Certification by Plaintiff Mickey L. Peck. (Attachments: #1 Proposed Order (PDF Only))(Foty, Don)
December 21, 2016	Filing 40 MINUTE ORDER setting a Scheduling Conference for 2/22/2017 at 09:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. ORDERED that parties shall adhere to the deadlines and instructions as set forth in # Preparation for Rule 16(b) Scheduling Conference, located on the court's website under "Judicial Officers." Text Only Entry by Magistrate Judge Craig B. Shaffer on 12/21/16. (amont, )
December 19, 2016	Filing 39 ORDER REFERRING CASE to Magistrate Judge Craig B. Shaffer. Magistrate Judge Shaffer is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. FURTHER, Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED BY Judge Christine M. Arguello on 12/19/2016. Text Only Entry (vbarn)
December 19, 2016	Filing 38 Magistrate Judge Craig B. Shaffer randomly drawn and assigned to case. All future pleadings shall resemble the case caption: 15-cv-1800-CMA-CBS (Text Only Entry). (cthom)
December 16, 2016	Filing 37 ORDER. The Court DENIES Defendant's Motion to Compel Arbitration of Plaintiff's Claims and to Dismiss or, Alternatively, to Close or Stay Litigation (Doc. #34 ). By Judge Christine M. Arguello on 12/16/2016. (athom, )
August 29, 2016	Filing 36 REPLY to Response to #34 MOTION to Compel Arbitration of Plaintiff's Claims and to Dismiss or, Alternatively, To Close or Stay Litigation filed by Defendant Encana Oil & Gas, Inc.. (Spohn, Matthew)
August 15, 2016	Filing 35 RESPONSE to #34 MOTION to Compel Arbitration of Plaintiff's Claims and to Dismiss or, Alternatively, To Close or Stay Litigation filed by Plaintiff Mickey L. Peck. (Attachments: #1 Proposed Order (PDF Only))(Foty, Don)
July 20, 2016	Filing 34 MOTION to Compel Arbitration of Plaintiff's Claims and to Dismiss or, Alternatively, To Close or Stay Litigation by Defendant Encana Oil & Gas, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit of Teresa A. Rice, #4 Proposed Order (PDF Only))(Spohn, Matthew)
June 30, 2016	Filing 33 Second AMENDED COMPLAINT, Collective Action, & Jury Demand against Encana Oil & Gas, Inc., filed by Mickey L. Peck pursuant to #32 Order. (athom, )
June 30, 2016	Filing 32 ORDER granting #23 Motion to Reopen Case and Motion for Leave; denying #24 Motion to Reopen Case; granting #29 Motion for Leave; granting #30 Motion for Leave. The Clerk of the Court is directed to reopen this case and accept for filing Plaintiff's proposed Second Amended Complaint (Doc. # 23-1). By Judge Christine M. Arguello on 06/30/2016. (athom, )
June 28, 2016	Filing 31 NOTICE of Change of Address/Contact Information by Don J. Foty (Foty, Don)
May 13, 2016	Filing 30 Unopposed MOTION for Leave to to Cite New Authority #26 Brief in Opposition to Motion, by Plaintiff Ronald L Dent. (Attachments: #1 Exhibit Robinson v. J&K)(Foty, Don)
May 13, 2016	Filing 29 MOTION for Leave to Cite New Authority #24 MOTION to Reopen Case for Entry of an Order Certifying an Interlocutory Appeal (or, Alternatively, Motion to Amend Prior Order Granting in Part and Denying in Part Defendant's Motion to Compel Arbitration) and Motion to Stay Arbitration and th by Defendant Encana Oil & Gas, Inc.. (Attachments: #1 Exhibit A to Motion to Cite New Authority)(Spohn, Matthew)
April 11, 2016	Filing 28 REPLY to Response to #24 MOTION to Reopen Case for Entry of an Order Certifying an Interlocutory Appeal (or, Alternatively, Motion to Amend Prior Order Granting in Part and Denying in Part Defendant's Motion to Compel Arbitration) and Motion to Stay Arbitration and th filed by Defendant Encana Oil & Gas, Inc.. (Attachments: #1 Continuation of Main Document Korman Order)(Spohn, Matthew)
March 31, 2016	Filing 27 REPLY to Response to #23 MOTION to Reopen Case MOTION for Leave to File 2nd Amended Complaint filed by Plaintiff Ronald L Dent. (Attachments: #1 Exhibit Doc. 51 in Daugherty v. Encana)(Foty, Don)
March 28, 2016	Filing 26 BRIEF in Opposition to #24 MOTION to Reopen Case for Entry of an Order Certifying an Interlocutory Appeal (or, Alternatively, Motion to Amend Prior Order Granting in Part and Denying in Part Defendant's Motion to Compel Arbitration) and Motion to Stay Arbitration and th filed by Plaintiff Ronald L Dent. (Attachments: #1 Proposed Order (PDF Only))(Foty, Don)
March 14, 2016	Filing 25 RESPONSE to #23 MOTION to Reopen Case MOTION for Leave to File 2nd Amended Complaint filed by Defendant Encana Oil & Gas, Inc.. (Attachments: #1 Exhibit A to Response to Plaintiff's Motion)(Spohn, Matthew)
March 4, 2016	Filing 24 MOTION to Reopen Case for Entry of an Order Certifying an Interlocutory Appeal (or, Alternatively, Motion to Amend Prior Order Granting in Part and Denying in Part Defendant's Motion to Compel Arbitration) and Motion to Stay Arbitration and the Case Pending Appeal by Defendant Encana Oil & Gas, Inc.. (Attachments: #1 Proposed Order (PDF Only) Proposed Order to Reopen)(Spohn, Matthew)
February 23, 2016	Filing 23 MOTION to Reopen Case , MOTION for Leave to File 2nd Amended Complaint by Plaintiff Ronald L Dent. (Attachments: #1 Exhibit Exhibit A-Plaintiff's 2nd Amended Complaint, Collective Action & Jury Demand)(Leyendecker, Patrick)
February 17, 2016	Filing 22 ORDER granting in part and denying in part #9 Motion to Compel as indicated in the attached Order. The Clerk of Court shall administratively close this case pursuant to D.C.COLO.LCivR 41.2 and the parties are granted leave to file a motion to reopen this case upon a showing of good cause. The parties shall file a joint status report every six months beginning six months from the date of this Order. This Court shall retain jurisdiction over this matter until arbitration has been completed. By Judge Christine M. Arguello on 02/17/2016. (athom, )
February 17, 2016	Filing 21 ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION for Leave to Cite New Authority #20 . Exhibit 1 to Plaintiff's Motion for Leave to Cite New Authority shall be accepted as filed. SO ORDERED BY Judge Christine M. Arguello on 2/17/16. Text Only Entry. (cmalc1)
February 16, 2016	Filing 20 Unopposed MOTION for Leave to Cite New Authority #12 Brief in Opposition to Motion, by Plaintiff Ronald L Dent. (Attachments: #1 Exhibit)(Foty, Don)
February 16, 2016	Filing 19 ORDER Striking #18 Plaintiff's MOTION for Leave to Cite New Authority for failure to comply with D.C.COLO.LCivR 7.1(a), which states in pertinent part, counsel for the moving party or an unrepresented party shall confer or make reasonable good faith efforts to confer with any opposing counsel or unrepresented party to resolve any disputed matter. FURTHER ORDERED that all future filings shall comply with D.C.COLO.LCivR(c), Miscellaneous Forms/Information, Case Caption (Civil), or the filing may be stricken by the court. SO ORDERED by Judge Christine M. Arguello on 2/16/2016. Text Only Entry (vbarn)
February 15, 2016	Filing 18 STRICKEN by Doc. 19 MOTION for Leave to Cite New Authority #12 Brief in Opposition to Motion, by Plaintiff Ronald L Dent. (Attachments: #1 Exhibit)(Foty, Don) Modified on 2/16/2016 (vbarn).
February 10, 2016	Filing 17 NOTICE of Entry of Appearance by Patrick Kevin Leyendecker on behalf of All Plaintiffs (Leyendecker, Patrick)
February 5, 2016	Filing 16 ORDER granting #15 Defendant's Motion for Leave to Cite New Authority. Exhibit A to Defendant's Motion for Leave to Cite New Authority shall be accepted as filed as New Authority to Defendant's Motion to Compel Arbitration (Doc. #9 ). SO ORDERED BY Judge Christine M. Arguello on 2/5/2016. Text Only Entry(vbarn)
January 22, 2016	Filing 15 MOTION for Leave to Cite New Authority #9 MOTION to Compel Arbitration of Plaintiff's Individual Claims and to Dismiss or, Alternatively, to Close or Stay Litigation by Defendant Encana Oil & Gas, Inc.. (Attachments: #1 Exhibit A to Motion for Leave)(Spohn, Matthew)
November 9, 2015	Filing 14 REPLY to Response to #9 MOTION to Compel Arbitration of Plaintiff's Individual Claims and to Dismiss or, Alternatively, to Close or Stay Litigation filed by Defendant Encana Oil & Gas, Inc.. (Spohn, Matthew)
October 28, 2015	Filing 13 ORDER granting #11 Plaintiff's Motion for Leave to Exceed Page Limits. Plaintiff's Response #12 to Defendant's Motion to Compel Arbitration #9 is accepted as filed. SO ORDERED by Judge Christine M. Arguello on 10/28/2015. Text Only Entry(vbarn)
October 26, 2015	Filing 12 BRIEF in Opposition to #9 MOTION to Compel Arbitration of Plaintiff's Individual Claims and to Dismiss or, Alternatively, to Close or Stay Litigation filed by Plaintiff Ronald L Dent. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Proposed Order (PDF Only))(Foty, Don)
October 26, 2015	Filing 11 MOTION for Leave to File Excess Pages for Plaintiff's Response to Defendant's Motion to Compel Arbitration of Plaintiff's Individual Claims and to Dismiss or, Alternatively, to Close or Stay Litigation by Plaintiff Ronald L Dent. (Attachments: #1 Proposed Order (PDF Only))(Foty, Don)
October 16, 2015	Filing 10 NOTICE of Filing Consent by Plaintiff Ronald L Dent (Attachments: #1 Exhibit)(Foty, Don)
October 2, 2015	Filing 9 MOTION to Compel Arbitration of Plaintiff's Individual Claims and to Dismiss or, Alternatively, to Close or Stay Litigation by Defendant Encana Oil & Gas, Inc.. (Attachments: #1 Affidavit Declaration of Teresa Rice, #2 Exhibit A to Declaration of Rice, #3 Exhibit B to Declaration of Rice, #4 Exhibit C to Declaration of Rice, #5 Exhibit D to Declaration of Rice, #6 Exhibit E to Declaration of Rice)(Spohn, Matthew)
September 10, 2015	Filing 8 NOTICE of Entry of Appearance of Counsel by John A. Neuman on behalf of Ronald L DentAttorney John A. Neuman added to party Ronald L Dent(pty:pla) (Neuman, John)
September 8, 2015	Filing 7 SUMMONS Returned Executed by Ronald L Dent. Encana Oil & Gas, Inc. served on 8/24/2015, answer due 9/14/2015. (Foty, Don)
August 24, 2015	Filing 6 CERTIFICATE of Interested Parties by Plaintiff Ronald L Dent. (Foty, Don)
August 21, 2015	Filing 5 SUMMONS issued by Clerk. Magistrate Judge Consent form issued pursuant to Local Rule (Attachments: #1 Magistrate Judge Consent Form) (sphil, )
August 21, 2015	Filing 4 Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry (sphil, )
August 20, 2015	Filing 3 AMENDED COMPLAINT against Encana Oil & Gas, Inc., filed by Ronald L Dent.(Foty, Don)
August 20, 2015	Filing 2 SUMMONS REQUEST as to Encana Oil & Gas, Inc. by Plaintiff Ronald L Dent. (Foty, Don)
August 20, 2015	Filing 1 COMPLAINT against Encana Oil & Gas, Inc. (Filing fee $ 400,Receipt Number 1082-4564232)Attorney Don J. Foty added to party Ronald L Dent(pty:pla), filed by Ronald L Dent. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Foty, Don)

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Plaintiff: Mickey L. Peck
Represented By:	John A. Neuman
Represented By:	Patrick Kevin Leyendecker
Represented By:	Don J. Foty
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Plaintiff: Ronald L Dent
Represented By:	Patrick Kevin Leyendecker
Represented By:	John A. Neuman
Represented By:	Don J. Foty
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Defendant: Encana Oil & Gas, Inc.
Represented By:	Andrew Allen Yeh
Represented By:	Matthew David Spohn
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