Fifth Third Bank v. Morales et al
| Fifth Third Bank |
| Morales, Marie Korallus, Lucy T. Morales Revocable Living Trust, The, Marie Ludian and Lucy Morales |
| 1:2016cv01302 |
| May 27, 2016 |
| US District Court for the District of Colorado |
| Denver Office |
| XX US, Outside State |
| Christine M Arguello |
| Scott T Varholak |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on June 28, 2018. A more recent docket listing may be available from PACER.
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| Filing 71 FINAL JUDGMENT in favor of Plaintiff, Fifth Third Bank and against Defendants, Lucy Morales, The Lucy Morales Revocable Trust, Marie Korallus, and Marie Ludian re: #64 Order Granting Plaintiff's Motion for Summary Judgment and Denying Defendants' Motion for Summary Judgment and #70 Order Denying Plaintiff's Motion for Attorney Fees, by Clerk on 6/28/2018. (swest) |
Filing 70
ORDER Denying #67 Plaintiff's Motion for Attorney Fees, by Judge Christine M. Arguello on 6/28/2018. (swest)
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| Filing 69 REPLY to Response to #67 MOTION for Damages on Conspiracy Claim filed by Plaintiff Fifth Third Bank. (Attachments: #1 Affidavit, #2 Exhibit)(Fuller, Lars) |
| Filing 68 RESPONSE to #67 MOTION for Damages on Conspiracy Claim filed by Defendants Marie Korallus, Marie Ludian. (Attachments: #1 Appendix)(Lavin, Andrew) |
| Filing 67 MOTION for Damages on Conspiracy Claim by Plaintiff Fifth Third Bank. (Attachments: #1 Affidavit)(Fuller, Lars) |
| Filing 66 MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: In Court Hearing held on 3/12/2018. ORDERED: Plaintiff's Motion re damages is due by 3/19/2018; Defendants' Response to Plaintiff's Motion is due 4/2/2018; Plaintiff's Reply to Defendants' Response is due 4/9/2018. FURTHER ORDERED: Counsel for the parties shall retain custody of their respective exhibits until such time as all need for the exhibits has terminated and the time to appeal has expired or all appellate proceedings have been terminated plus sixty days. (Total time: 40 Minutes, Hearing time: 2:56 p.m. -- 3:36 p.m.)APPEARANCES: Lars Fuller on behalf of the Plaintiff, Adam O'Brien and Andrew Lavin on behalf of the Defendants. Court Reporter: Darlene Martinez. (swest) Text Only Entry |
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Filing 65
ORDER: Hearing on Plaintiff's Request for Relief as explained in this Court's #64 Order is set for 3/12/2018 at 03:00 PM in Courtroom A 602 before Judge Christine M. Arguello. The Court has set aside two hours for this hearing. SO ORDERED by Judge Christine M. Arguello on 1/4/2018. Text Only Entry (cmasec)
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Filing 64
ORDER Granting #52 Plaintiff's Motion for Summary Judgment and Denying #51 Defendants' Motion for Summary Judgment by Judge Christine M. Arguello on 12/19/2017. (swest)
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Filing 63
ORDER denying #45 Motion for Default Judgment. By Judge Christine M. Arguello on 09/12/2017. (athom, )
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| Filing 62 REPLY to Response to #51 MOTION for Summary Judgment filed by Defendants Marie Korallus, Marie Ludian. (O'Brien, Adam) |
| Filing 61 ERRATA re #57 Response to Motion by Defendants Marie Korallus, Marie Ludian. (O'Brien, Adam) |
| Filing 60 REPLY to Response to #52 MOTION for Summary Judgment filed by Plaintiff Fifth Third Bank. (Fuller, Lars) |
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Filing 59
ORDER: Pursuant to correspondence between counsel and Chambers staff, a three-day Jury Trial is set to begin 2/20/2018, at 8:30 AM, with Jury Selection set for the morning of trial, in Courtroom A602, before Judge Christine M. Arguello. Final Trial Preparation Conference set for 2/7/2018, at 3:00 PM, in Courtroom A602 before Judge Christine M. Arguello. Parties are expected to be fully prepared for trial at that time. Lead counsel who will try the case shall attend in person, unless a written motion for alternative appearance is granted by the Court. These proceedings are subject to the Federal Rules of Civil Procedure, the Federal Rules of Evidence, the Local Rules of Practice for the United States District Court for the District of Colorado and the Civil Practice Standards for this courtroom, a copy of which can be downloaded from the Court's website at www.cod.uscourts.gov under the Judicial Officers tab. SO ORDERED by Judge Christine M. Arguello on 8/31/2017. Text Only Entry (cmasec)
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| Filing 58 RESPONSE to #51 MOTION for Summary Judgment filed by Plaintiff Fifth Third Bank. (Attachments: #1 Appendix Exhibits Pt 1, #2 Appendix Exhibits Pt 2)(Fuller, Lars) |
| Filing 57 RESPONSE to #52 MOTION for Summary Judgment filed by Defendants Marie Korallus, Marie Ludian. (Attachments: #1 Appendix Part 1 of 3, #2 Appendix Part 2 of 3, #3 Appendix Part 3 of 3)(O'Brien, Adam) |
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Filing 56
FINAL PRETRIAL ORDER by Magistrate Judge Scott T. Varholak on 8/24/17. (morti, )
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| Filing 55 MINUTE ENTRY for Final Pretrial Conference held before Magistrate Judge Scott T. Varholak on 8/24/2017. The proposed Final Pretrial Order which was submitted to the court is approved and made an order of court. FTR: STV - C203. (morti, ) |
| Filing 54 Proposed Pretrial Order by Defendants Marie Korallus, Marie Ludian. (O'Brien, Adam) |
| Filing 53 NOTICE of Entry of Appearance by Andrew Keith Lavin on behalf of Marie Korallus, Marie LudianAttorney Andrew Keith Lavin added to party Marie Korallus(pty:dft), Attorney Andrew Keith Lavin added to party Marie Ludian(pty:dft) (Lavin, Andrew) |
| Filing 52 MOTION for Summary Judgment by Plaintiff Fifth Third Bank. (Attachments: #1 Exhibit Exhibits Vol. 1, #2 Exhibit Exhibits Vol. 2, #3 Exhibit Exhibits Vol. 3, #4 Exhibit Exhibits Vol. 4)(Fuller, Lars) |
| Filing 51 MOTION for Summary Judgment by Defendants Marie Korallus, Marie Ludian. (Attachments: #1 Appendix Part 1 of 4, #2 Appendix Part 2 of 4, #3 Appendix Part 3 of 4, #4 Appendix Part 4 of 4)(O'Brien, Adam) |
| Filing 50 REPLY to Response to #45 MOTION for Default Judgment as to Lucy Morales and The Lucy T. Morales Revocable Living Trust filed by Plaintiff Fifth Third Bank. (Fuller, Lars) |
| Filing 49 RESPONSE to #45 MOTION for Default Judgment as to Lucy Morales and The Lucy T. Morales Revocable Living Trust filed by Defendants Marie Korallus, Marie Ludian. (Attachments: #1 Exhibit A)(O'Brien, Adam) |
| Filing 48 AFFIDAVIT re 47 Order on Motion for Extension of Time to File, #45 MOTION for Default Judgment as to Lucy Morales and The Lucy T. Morales Revocable Living Trust by Plaintiff Fifth Third Bank. (Fuller, Lars) |
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Filing 47
ORDER granting #46 Motion for Extension of Time. Plaintiff shall have up to and including 7/11/2017 within which to file its Affidavit in Support of its #45 Motion for Entry of Default Judgment. SO ORDERED by Judge Christine M. Arguello on 7/11/2017. Text Only Entry (cmasec)
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| Filing 46 MOTION for Extension of Time to File Affidavit in Support of Motion for Default Judgment by Plaintiff Fifth Third Bank. (Attachments: #1 Proposed Order (PDF Only))(Fuller, Lars) |
| Filing 45 MOTION for Default Judgment as to Lucy Morales and The Lucy T. Morales Revocable Living Trust by Plaintiff Fifth Third Bank. (Attachments: #1 Exhibit, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Proposed Order (PDF Only))(Fuller, Lars) |
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Filing 44
ORDER: The matter is before the Court sua sponte. The Court notes that a Clerk's Entry of Default issued against Defendants Lucy Morales and The Lucy T. Morales Revocable Living Trust 10/17/2016 (Doc. # 26 ), but Plaintiff has yet moved for default judgment against Defendants. The Plaintiff is therefore directed to either file a motion for default judgment or a status report on or before 7/10/2017 indicating whether they intend to do so. SO ORDERED by Judge Christine M. Arguello on 6/27/2017. Text Only Entry (cmasec)
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Filing 43
ORDER granting #40 Motion to Extend Discovery Cut-Off Date; granting #41 Motion to Extend Deadline to File Dispositive Motions. The Discovery Deadline is extended until 7/7/2017 and the deadline to file Dispositive Motions is extended until 8/7/2017. The Final Pretrial Conference set for 6/20/2017 02:30 PM is VACATED and reset for 8/24/2017 11:30 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. The parties shall file a joint Proposed Pretrial Order on or before 8/17/2017. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/19/2017. Text Only Entry (stvlc1, )
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| Filing 42 MEMORANDUM regarding #41 Joint MOTION for Extension of Time to Extend Deadline to File Dispositive Motions filed by Fifth Third Bank, #40 Joint MOTION for Extension of Time to Extend Discovery Cut-Off Date filed by Fifth Third Bank. Motions referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 6/19/2017. Text Only Entry (cmasec) |
| Filing 41 Joint MOTION for Extension of Time to Extend Deadline to File Dispositive Motions by Plaintiff Fifth Third Bank. (Attachments: #1 Proposed Order (PDF Only))(Fuller, Lars) |
| Filing 40 Joint MOTION for Extension of Time to Extend Discovery Cut-Off Date by Plaintiff Fifth Third Bank. (Attachments: #1 Proposed Order (PDF Only))(Fuller, Lars) |
| Filing 39 Proposed Pretrial Order by Plaintiff Fifth Third Bank. (Fuller, Lars) |
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Filing 38
ORDER granting #36 Motion to Extend Discovery Cut-Off Date. The discovery deadline is extended until 6/19/2017, by Magistrate Judge Scott T. Varholak on 5/02/2017. Text Only Entry (stvlc1, )
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| Filing 37 MEMORANDUM regarding #36 Unopposed MOTION for Extension of Time to Extend Discovery Cut-Off Date filed by Fifth Third Bank. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 5/2/2017. Text Only Entry (cmasec) |
| Filing 36 Unopposed MOTION for Extension of Time to Extend Discovery Cut-Off Date by Plaintiff Fifth Third Bank. (Attachments: #1 Proposed Order (PDF Only))(Fuller, Lars) |
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Filing 35
ORDER granting #33 Motion to Extend Discovery Cut-Off Date. The discovery deadline is extended until 5/5/2017, by Magistrate Judge Scott T. Varholak on 3/22/2017. Text Only Entry (stvlc1, )
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| Filing 34 MEMORANDUM regarding #33 Joint MOTION for Extension of Time to Extend Discovery Cut-Off Date (Unopposed) filed by Marie Ludian, Marie Korallus. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 3/22/2017. Text Only Entry (cmasec) |
| Filing 33 Joint MOTION for Extension of Time to Extend Discovery Cut-Off Date (Unopposed) by Defendants Marie Korallus, Marie Ludian. (Attachments: #1 Proposed Order (PDF Only))(O'Brien, Adam) |
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Filing 32
ORDER granting #30 Motion to Extend Expert Disclosure Deadlines. The deadline for initial expert disclosures is extended until 2/03/2017. The deadline for rebuttal expert disclosures is extended until 3/06/2017, by Magistrate Judge Scott T. Varholak on 1/30/2017. Text Only Entry (stvlc1, )
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| Filing 31 MEMORANDUM regarding #30 MOTION for Extension of Time to filed by Fifth Third Bank. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 1/30/2017. Text Only Entry (cmasec) |
| Filing 30 MOTION/STIPULATION for Extension of Time Extend Expert Disclosure Deadline by Plaintiff Fifth Third Bank. (Attachments: #1 Proposed Order (PDF Only))(Fuller, Lars) Modified on 1/30/2017 to correct event (athom, ). |
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Filing 29
ORDER granting #27 Motion to Extend Expert Disclosure Deadline. The deadline for initial expert disclosures is extended until 1/27/2017. The deadline for rebuttal expert disclosures is extended until 2/27/2017, by Magistrate Judge Scott T. Varholak on 1/19/2017. Text Only Entry (stvlc1, )
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| Filing 28 MEMORANDUM regarding #27 Stipulated MOTION for Extension of Time to Extend Expert Disclosure Deadline filed by Fifth Third Bank. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 1/19/2017. Text Only Entry (cmasec) |
| Filing 27 Stipulated MOTION for Extension of Time to Extend Expert Disclosure Deadline by Plaintiff Fifth Third Bank. (Attachments: #1 Proposed Order (PDF Only))(Fuller, Lars) |
| Filing 26 Clerk's ENTRY OF DEFAULT as to Lucy T. Morales Revocable Living Trust, The, Lucy Morales, by Clerk. Text Only Entry (athom, ) |
| Filing 25 Amended MOTION for Entry of Default as to Defendants Lucy Morales and The Lucy T. Morales Revocable Living Trust by Plaintiff Fifth Third Bank. (Attachments: #1 Exhibit A)(Fuller, Lars) |
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Filing 24
CASE REASSIGNED. This action is reassigned to Magistrate Judge Scott T. Varholak, upon his appointment. All future pleadings should reference Magistrate Judge Varholak at the beginning of the civil action number (such as 15-cv-00001-CMA-STV). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Varholak in Courtroom C-205. His chambers are located in Room C-254 of the Byron G. Rogers Courthouse. His telephone number is 303-335-2365. (Text only entry) (tscha, )
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Filing 23
SCHEDULING ORDER entered by Magistrate Judge Nina Y. Wang on 9/22/16. (bwilk, )
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| Filing 22 COURTROOM MINUTES/MINUTE ORDER for Scheduling Conference held on 9/22/2016 before Magistrate Judge Nina Y. Wang. The documents identified in the Initial Disclosures shall be produced on or before 10/11/2016. Discovery due by 3/21/2017. Dispositive Motions due by 4/20/2017. A Final Pretrial Conference is set for 6/20/2017 02:30 PM in Courtroom C204 before Magistrate Judge Nina Y. Wang. The parties shall electronically file their proposed pretrial order through CM/ECF, and include a courtesy copy of the proposed order in Word format sent by email to Wang_Chambers@cod.uscourts.gov, seven days prior to the conference. FTR: Courtroom C-204. (bwilk, ) |
| Filing 21 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Fifth Third Bank All parties do not consent.. (Fuller, Lars) |
| Filing 20 Proposed Scheduling Order by Plaintiff Fifth Third Bank. (Fuller, Lars) |
| Filing 19 ANSWER to #1 Complaint, and Jury Demand by Marie Korallus, Marie Ludian.(O'Brien, Adam) |
| Filing 18 CLERK'S NOTE REGARDING DEFAULT. Default will not be entered as to Lucy T. Morales Revocable Living Trust, The, Lucy Morales as: the affidavit or declaration required by Fed. R. Civ. P. 55(a) was not filed, there is no statement that the party is not an infant or is not incompetent, the affidavit or declaration concerning defendant(s) military status required by Service Members Civil Relief Act was not filed, by Clerk. Text Only Entry (athom, ) |
| Filing 17 MOTION for Entry of Default as to Lucy Morales and The Lucy T. Morales Revocable Living Trust by Plaintiff Fifth Third Bank. (Fuller, Lars) |
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Filing 16
ORDER granting #14 Motion for Extension of Time to Answer or Otherwise Respond. Defendants Marie Korallus and Marie Ludian shall file an answer or otherwise respond to the Complaint on or before 8/12/2016. In addition, the Scheduling Conference set for 8/5/2016 is VACATED and RESET to 9/22/2016 at 09:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. The parties shall submit their proposed scheduling order, including a copy of the proposed order in Word format sent via email to Wang_Chambers@cod.uscourts.gov, on or before seven days prior to the Scheduling Conference. By Magistrate Judge Nina Y. Wang on 8/1/2016. Text Only Entry (nywlc1)
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Filing 15
MEMORANDUM regarding #14 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, and Reset Scheduling Conference filed by Marie Ludian, Marie Korallus. Motion referred to Magistrate Judge Nina Y. Wang. SO ORDERED by Judge Christine M. Arguello on 8/1/2016. Text Only Entry. (cmalc3)
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| Filing 14 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, and Reset Scheduling Conference by Defendants Marie Korallus, Marie Ludian. (Attachments: #1 Proposed Order (PDF Only))(O'Brien, Adam) |
| Filing 13 SUMMONS Returned Executed by Fifth Third Bank. Marie Korallus served on 7/2/2016, answer due 7/25/2016. (Fuller, Lars) |
| Filing 12 SUMMONS Returned Executed by Fifth Third Bank. Marie Ludian served on 6/27/2016, answer due 7/18/2016. (Fuller, Lars) |
| Filing 11 SUMMONS Returned Executed by Fifth Third Bank. Lucy T. Morales Revocable Living Trust, The served on 6/16/2016, answer due 7/7/2016. (Fuller, Lars) |
| Filing 10 SUMMONS Returned Executed by Fifth Third Bank. Lucy Morales served on 6/16/2016, answer due 7/7/2016. (Fuller, Lars) |
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Filing 9
ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Magistrate Judge Nina Y. Wang on 6/21/16. A Scheduling Conference is set for 8/5/2016 10:00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. The parties shall submit their proposed scheduling order, including a copy of the proposed order in Word format sent via email to Wang_Chambers@cod.uscourts.gov, on or before seven days prior to the Scheduling Conference. (bsimm, )
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Magistrate Judge Wang 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). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than July 16, 2016 in order for the initial scheduling conference to be held promptly. 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 6/16/2016. Text Only Entry (vbarn)
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| Filing 7 SUMMONSES issued by Clerk. (athom, ) |
| Filing 6 CASE REASSIGNED pursuant to #5 Memorandum Returning Case. This case is reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 16-cv-01302-CMA-NYW. (Text Only Entry) (rkeec) |
| Filing 5 MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec) |
| Filing 4 SUMMONS REQUEST as to Lucy Morales, Marie Korallus, Marie Ludian and The Lucy T. Morales Revocable Living Trust by Plaintiff Fifth Third Bank. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Fuller, Lars) |
| Filing 3 No Summons Issued. Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (sphil, ) |
| Filing 2 Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry (sphil, ) |
| Filing 1 COMPLAINT against Marie Korallus, Marie Ludian, Lucy Morales, The Lucy T. Morales Revocable Living Trust (Filing fee $ 400,Receipt Number 1082-4997650)Attorney Lars Henrik Fuller added to party Fifth Third Bank(pty:pla), filed by Fifth Third Bank.(Fuller, Lars) |
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