Go Airlines (India) Limited v. International Aero Engines, LLC
| Go Airlines (India) Limited |
| International Aero Engines, LLC |
| 1:2023mc00249 |
| April 28, 2023 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Laura D Hatcher |
| Other Statutes: Arbitration |
| 09 U.S.C. § 207 Confirm Arbitral Award |
| None |
Docket Report
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This docket was last retrieved on June 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 66 REDACTED VERSION of #62 Sealed Exhibit A, by Go Airlines (India) Limited. (Attachments: #1 Exhibit A)(Maloney, Kaitlin) Modified on 6/12/2023 (nms). |
| Filing 65 REDACTED VERSION of #59 Exhibit A, by Go Airlines (India) Limited. (Attachments: #1 Exhibit A)(Maloney, Kaitlin) Modified on 6/9/2023 (nms). |
Filing 64
ORDER granting #60 Motion to Seal The Exhibit Attached to GoFirst's Letter to the Court pursuant to the decision of the Arbital Tribunal. Signed by Judge Laura D Hatcher on 6/5/23. (kjk)
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| Filing 63 MOTION to Seal - filed by Go Airlines (India) Limited. (Attachments: #1 Proposed Order) Motions referred to Laura D Hatcher.(Maloney, Kaitlin) Modified on 6/5/2023 (nms). |
| Filing 62 [SEALED] Exhibit A to #61 Letter, by Go Airlines (India) Limited. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Maloney, Kaitlin) Modified on 6/5/2023 (nms). |
| Filing 61 Letter to The Honorable Laura D. Hatcher, from Kaitlin E. Maloney, regarding decision of the Arbitral Tribunal. (Maloney, Kaitlin) Modified on 6/5/2023 (nms). |
| CORRECTING ENTRY: The Oral Order Docketed at D.I. 65 was entered in error and deleted. (kjk) |
| Filing 60 MOTION to Seal - filed by Go Airlines (India) Limited. (Attachments: #1 Proposed Order) Motions referred to Laura D Hatcher.(Maloney, Kaitlin) Modified on 6/2/2023 (nms). |
| Filing 59 [SEALED] Exhibit A to #58 Letter, by Go Airlines (India) Limited. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Maloney, Kaitlin) Modified on 6/2/2023 (nms). |
| Filing 58 Letter to The Honorable Laura D. Hatcher, from Kaitlin E. Maloney, regarding decision of the Arbitral Tribunal. (Maloney, Kaitlin) Modified on 6/2/2023 (nms). |
| Filing 57 REDACTED VERSION of #50 Sealed Exhibits A-B, by Go Airlines (India) Limited. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cordo, Andrew) Modified on 6/2/2023 (nms). |
| Filing 56 REDACTED VERSION of #30 Sealed Exhibits C-F, by Go Airlines (India) Limited. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F)(Cordo, Andrew) Modified on 5/26/2023 (nms). |
| Filing 55 REDACTED VERSION of #43 Declaration of Brian M. Rostocki, by International Aero Engines, LLC. (Rostocki, Brian) Modified on 5/26/2023 (nms). (Additional attachment(s) added on 5/26/2023: #1 Exhibit A) (nms). |
| Filing 54 REDACTED VERSION of #42 Reply Brief by International Aero Engines, LLC. (Rostocki, Brian) |
| Filing 53 REDACTED VERSION of #30 Sealed Exhibits C-F, by Go Airlines (India) Limited. (Cordo, Andrew) Modified on 5/26/2023 (nms). |
| Filing 52 REDACTED VERSION of #29 Sealed Exhibit A, by International Aero Engines, LLC. (Rostocki, Brian) Modified on 5/26/2023 (nms). |
| CORRECTING ENTRY: D.I. 56 has been removed from the docket. The exhibit filed at that entry has been added to the filing at D.I. #55 . (nms) |
| CORRECTING ENTRY: The mltiple redacted documents filed at D.I. 53 have been removed from the docket. Redacted filings are to be filed independent of each other. Counsel is to refile accordingly. (nms) |
| Minute Entry for proceedings held before Judge Laura D Hatcher - Status Telephone Conference held on 5/25/2023. Court Reporter D. Hawkins. (kjk) |
| Filing 51 MOTION to Seal - filed by Go Airlines (India) Limited. (Attachments: #1 Proposed Order) Motions referred to Laura D Hatcher.(Cordo, Andrew) Modified on 5/25/2023 (nms). |
| Filing 50 [SEALED] Exhibits A-B to #49 Letter, by Go Airlines (India) Limited. (Attachments: #1 Certificate of Service)(Cordo, Andrew) Modified on 5/25/2023 (nms). |
| Filing 49 Joint Letter to The Honorable Laura D. Hatcher, from Andrew D. Cordo, regarding response to May 22, 2023 Oral Order (D.I. 48 ). (Cordo, Andrew) Modified on 5/25/2023 (nms). |
| Remark: The Court has received an inquiry regarding public access to the teleconference scheduled for May 23, 2023 at 11:00 a.m. Accordingly, the parties are directed to provide a dial-in to the Court by 9:00 a.m. on May 25, 2023. If it is possible to provide a listen-only number that may be shared with the public, the Court invites the parties to do so. Otherwise, members of the public will be provided the same dial-in that the parties and the Court will use. Once the dial-in information is received by the Court, members of the public may obtain it by contacting Chambers at Keith_kincaid@ded.uscourts.gov. All participants ( including any media and members of the public are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. (kjk) |
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Filing 48
ORAL ORDER Setting Teleconference: A Telephone conference is set for 5/25/2023 at 11:00 a.m. in Chambers before Judge Laura D. Hatcher to discuss the status of the case and the proceedings before the Tribunal. By no later than 9:00 am on 5/25/2023, the parties are directed to file a joint letter informing the Court of 1) Petitioner's response to the Tribunal's invitation as set forth in the 5/19/2023 email ( D.I. 43, Ex. A ); and 2 ) whether the Tribunal hearing will proceed on June 25/2023. The parties are further directed to attach to the joint letter their correspondence with the Tribunal regarding possible hearing dates in May. Petitioner is directed to coordinate and initiate the call to chambers. ORDERED by Judge Laura D. Hatcher on 5/22/23. (kjk)
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| Filing 47 NOTICE OF SERVICE of Motion to Seal (D.I. #39 , Reply Brief in support of Motion to Stay (D.I. #42 ), Declaration of Brian M. Rostocki (D.I. #43 ; D.I. #43 ), and Declaration of Darius Chan (D.I. 45), filed by International Aero Engines, LLC.(Rostocki, Brian) Modified on 5/22/2023 (nms). |
| Filing 46 EXHIBITS B-C to #43 Declaration, by International Aero Engines, LLC. (Rostocki, Brian) Modified on 5/19/2023 (nms). |
| Filing 45 DECLARATION of Darius Chan re #42 Reply Brief, by International Aero Engines, LLC. (Rostocki, Brian) Modified on 5/19/2023 (nms). |
| Filing 43 [SEALED] DECLARATION re #22 MOTION to Stay Proceedings, and #42 Reply Brief, by International Aero Engines, LLC. (Attachments: #1 Exhibit A)(Rostocki, Brian) Modified on 5/19/2023 (nms). |
| Filing 42 [SEALED] REPLY BRIEF re #22 MOTION to Stay Proceedings filed by International Aero Engines, LLC. (Rostocki, Brian) |
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Filing 41
ORAL ORDER. D.I. 39 is GRANTED such that Respondent may file the requested documents under seal in the first instance. Counsel are reminded to timely file the appropriately redacted copies of such documents. ORDERED by Judge Laura D Hatcher on 5/19/23. (kjk)
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Filing 40
SO ORDERED Granting #38 Motion for Brian A. White, Esq., to Appear Pro Hac Vice. Signed by Judge Laura D Hatcher on 5/19/23. (kjk)
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| Filing 39 MOTION to Seal - filed by International Aero Engines, LLC. (Attachments: #1 Proposed Order)Motions referred to Laura D Hatcher.(Rostocki, Brian) Modified on 5/19/2023 (nms). |
| Filing 38 MOTION for Pro Hac Vice Appearance of Attorney Brian A. White - filed by Go Airlines (India) Limited. (Attachments: #1 Certification of Brian A. White)Motions referred to Laura D Hatcher.(Cordo, Andrew) |
| Filing 37 DEFICIENCEY NOTICE: The redacted filings (D.I. #35 ; D.I. #36 ) are REJECTED because parts of them are redacted in their entirety. Absent a compelling reason, supported by a statement under oath by a party, redactions in their entirety are impermissible; redactions must be done so as to redact the least possible amount of the materials submitted. Failure to make a good faith attempt at such redactions may result in sanctions, the most common of which would be simply unsealing the entire filing. Redacting in its entirety a document, or parts of it, that contains publicly available materials is prima facie evidence of bad faith. Revised redacted filings are DUE within five business days. (nms) Modified on 5/19/2023 (nms). |
| CORRECTING ENTRY: The Oral Order issued on 5/19/23 and docketed at D.I. 38 has been deleted per the instruction of Judge Laura D. Hatcher. (kjk) |
| CORRECTING ENTRY: The filing at D.I. 37 has been recharacterized to reflect it is a Deficiency Notice, not an Order. (nms) |
| CORRECTING ENTRY: The exhibits filed at D.I. 44 have been removed from the docket as the filing was incompletely formatted. The filing lacked a captioned cover page. Counsel is requested to refile accordingly. (nms) |
| Pro Hac Vice Attorney Brian A. White for Go Airlines (India) Limited added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
| Filing 36 REDACTED VERSION of #30 Sealed Exhibits C-F, by Go Airlines (India) Limited. (Cordo, Andrew) Modified on 5/18/2023 (nms). |
| Filing 35 REDACTED VERSION of #29 Sealed Exhibit A, by International Aero Engines, LLC. (Rostocki, Brian) Modified on 5/18/2023 (nms). |
| CORRECTING ENTRY: The docket text and link in D.I. #36 has been corrected to reflect the filing is a redacted version of the sealed filing at D.I. #30 . (nms) |
| Filing 34 DECLARATION of Colin Liew re #33 Reply Brief, by Go Airlines (India) Limited. (Attachments: #1 Exhibits 1-5)(Cordo, Andrew) Modified on 5/15/2023 (nms). |
| Filing 33 Combined Answering and Reply Brief re #22 MOTION to Stay Proceedings, and #2 MOTION to Confirm Arbitration Awards, filed by Go Airlines (India) Limited. Reply Brief due date per Local Rules is 5/22/2023. (Attachments: #1 Exhibit A)(Cordo, Andrew) Modified on 5/15/2023 (nms). |
| Filing 32 Joint Letter to The Honorable Lauren D. Hatcher, from Brian M. Rostocki, regarding court's oral order of May 11, 2023 requiring justification for continued sealing of documents. (Rostocki, Brian) Modified on 5/15/2023 (nms). |
| Filing 31 STIPULATION and Proposed Order for Briefing on Motion to Stay Proceedings, by Go Airlines (India) Limited. (Maloney, Kaitlin) Modified on 5/15/2023 (nms). |
| CORRECTING ENTRY: The docket text for D.I. #33 has been corrected to reflect the filing is a Combined Answering and Reply Brief. An incorrect filing code was used in the first instance. (nms) |
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SO ORDERED, re #31 Stipulation and Order To Extend Briefing Schedule. GoFirst shall file a combined brief not to exceed 20 pages in further support of the Emergency Petition and in opposition to the Motion to Stay on May 15, 2023. IAE shall file its reply in further support of its Motion to Stay on May 19, 2023. Ordered by Judge Laura D Hatcher on 5/15/23. (kjk)
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| Filing 30 [SEALED] EXHIBITS C-F to #4 Declaration of Kabir Bhalla, by Go Airlines (India) Limited. (Cordo, Andrew) Modified on 5/12/2023 (nms). |
| Filing 29 [SEALED] EXHIBIT A to #25 Declaration, by International Aero Engines, LLC. (Attachments: #1 Certificate of Service)(Rostocki, Brian) Modified on 5/12/2023 (nms). |
| Filing 28 Certificate of Service of Respondent's Answer to Petitioner's Emergency Petition to Confirm Arbitration Awards, Respondent's Motion to Stay Proceedings, Memorandum of Law in Support of Opposition, Foreign Law Declaration of Darius Chan, Declaration of Brian M. Rostocki, filed by International Aero Engines, LLC.(Rostocki, Brian) Modified on 5/12/2023 (nms). |
| Filing 27 DECLARATION re #24 Answering Brief in Opposition, by International Aero Engines, LLC. (Attachments: #1 Exhibit A)(Rostocki, Brian) Modified on 5/11/2023 (nms). |
| Filing 25 DECLARATION of Brian M. Rostocki re #24 Answering Brief, by International Aero Engines, LLC. (Attachments: #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Rostocki, Brian) Modified on 5/11/2023 (nms). |
| Filing 24 ANSWERING BRIEF in Opposition re #22 MOTION to Stay Proceedings, #2 MOTION Confirm Arbitration Awards filed by International Aero Engines, LLC.Reply Brief due date per Local Rules is 5/18/2023. (Rostocki, Brian) |
| Filing 23 ANSWER to #2 Emergency Petition to Confirm Arbitration Awards, by International Aero Engines, LLC.(Rostocki, Brian) Modified on 5/11/2023 (nms). |
| Filing 22 MOTION to Stay Proceedings - filed by International Aero Engines, LLC. (Attachments: #1 Proposed Order, #2 7.1.1 Statment)Motions referred to Laura D Hatcher.(Rostocki, Brian) Modified on 5/11/2023 (nms). |
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Filing 21
ORAL ORDER re #20 Stipulation: The Court has reviewed the Joint Stipulation and Proposed Order for Filing Under Seal (D.I. 20) and makes the following observations. First, the Agreements, as defined by the Parties in the Joint Stipulation, have been accessible by the public for nearly two weeks. Second, it is not clear that the parties agree that the Agreements, and certain documents yet to be filed, require sealing. Third, the Court is not persuaded that the justifications for sealing in the Joint Stipulation comply with the Third Circuits decision in In re Avandia Mktg., Sales Pracs. & Prod. Liab. Litig., 924 F.3d 662 (3d Cir. 2019). The Court, however, is sensitive to confidentiality concerns and the expedited nature of this proceeding. The Court therefore orders as follows: 1) the Agreements, that is, DI. 2-4, 2-5, and 2-6 shall be stricken from the docket and the parties may refile those documents under seal; 2) to maintain the seal, the parties are directed to file a 3-page letter, in no less than 12-point font, by Monday, May 15, setting forth the required justification under Avandia for continued sealing of the documents, whether in whole or in part; and 3) future requests to seal a document should be supported by a motion that satisfies Avandia. If the Court determines that the decision to seal DI. 2-4, 2-5, and 2-6 in their entirety lacks a meritorious basis after review of the letter submission, the documents may be unsealed either in whole or in part. Ordered by Judge Laura D. Hatcher on 5/11/23. (kjk)
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| Filing 20 STIPULATION and Proposed Order for Filing Under Seal, by International Aero Engines, LLC. (Rostocki, Brian) Modified on 5/11/2023 (nms). |
| CORRECTING ENTRY: The Agreements ( D.i. 2-4, 2-5, 2-6 ) are stricken per the oral order at D.I. 21. (kjk) |
| CORRECTING ENTRY: The slip page for Exhibit A at D.I. #25 has been removed as Exhibits A will be filed at its own docket item number. (nms) |
| CORRECTING ENTRY: The sealed exhibit filed at D.I. 26 has been removed from the docket as it was incompletely formatted. The filing lacked a captioned and titled cover page. Counsel is to refile the exhibit accordingly. (nms) |
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Filing 19
ORAL ORDER re #15 Granting Unopposed Motion to File Combined Brief in Opposition to Petitioner's Emergency Petition and Motion to Confirm Arbitration Awards and in Support of Respondents Motion to Stay filed by International Aero Engines, LLC. Signed by Judge Laura D. Hatcher on 5/10/23. (kjk) Modified on 5/10/2023 (kjk).
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Filing 18
ORAL ORDER: The case is now REFERRED to Magistrate Judge Laura D Hatcher. Ordered by Judge Richard G. Andrews on 5/10/2023. *Motions referred to Laura D Hatcher.(nms)
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| Filing 17 MOTION for Pro Hac Vice Appearance of Attorney James P. Duffy, IV - filed by International Aero Engines, LLC. (Rostocki, Brian) |
| Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Oliver K. Beiersdorf - filed by International Aero Engines, LLC. (Rostocki, Brian) |
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SO ORDERED, re #17 MOTION for Pro Hac Vice Appearance of Attorney James P. Duffy, IV, filed by International Aero Engines, LLC, and #16 MOTION for Pro Hac Vice Appearance of Attorney Oliver K. Beiersdorf, filed by International Aero Engines, LLC. Signed by Judge Richard G. Andrews on 5/10/2023. (nms)
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| CORRECTING ENTRY: as to the Oral Order D.I. 19. Language added that the Unopposed Motion To File a Combined Brief ( D.I. 15 ) is Granted. (kjk) |
| Filing 15 Unopposed Motion to File Combined Brief in Opposition to Petitioner's Emergency Petition and Motion to Confirm Arbitration Awards and in Support of Respondents Motion to Stay - filed by International Aero Engines, LLC. (Attachments: #1 Proposed Order, #2 7.1.1 Statement, #3 Certificate of Service)(Rostocki, Brian) Modified on 5/10/2023 (nms). |
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Filing 14
ORDER: The Motion for Extension (D.I. #13 ) is GRANTED (*Reset Briefing Schedule: re #2 Emergency Petition and Motion to Confirm Arbitration Awards. Answering Brief due 5/11/2023, Reply Brief due 5/15/2023). Signed by Judge Richard G. Andrews on 5/5/2023. (nms)
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| Filing 13 MOTION for Extension of Time to File Response to Emergency Petition and Motion to Confirm Arbitration Awards - filed by International Aero Engines, LLC. (Attachments: #1 Proposed Order, #2 7.1.1 Statement, #3 Certificate of Service)(Rostocki, Brian) Modified on 5/5/2023 (nms). |
| Filing 12 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent MTU Aero Engines AG, Corporate Parent Japanese Aero Engines Corporation, Corporate Parent Raytheon Technologies Corporation, Pratt & Whitney division; for International Aero Engines, LLC filed by International Aero Engines, LLC. (Rostocki, Brian) |
| Filing 11 NOTICE of Appearance by Anne M. Steadman on behalf of International Aero Engines, LLC (Steadman, Anne) |
| Filing 10 NOTICE of Appearance by Brian M. Rostocki on behalf of International Aero Engines, LLC (Rostocki, Brian) |
| Pro Hac Vice Attorneys Edward Kehoe and Jeffrey S. Rosenberg for Go Airlines (India) Limited added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) |
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SO ORDERED, re #8 MOTION for Pro Hac Vice Appearance of Attorney Edward Kehoe and Jeffrey S. Rosenberg, filed by Go Airlines (India) Limited. Signed by Judge Richard G. Andrews on 5/3/2023. (nms)
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| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Filing 9 AFFIDAVIT of Service for Emergency Petition and Motion to Confirm Arbitration Awards and Supporting Documents served on International Aero Engines LLC on May 2, 2023, filed by Go Airlines (India) Limited. (Cordo, Andrew) |
| Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Edward Kehoe and Jeffrey S. Rosenberg - filed by Go Airlines (India) Limited. (Cordo, Andrew) |
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Filing 7
ORDER granting #1 MOTION to Expedite Response and Proceedings Related to the Emergency Petition and Motion to Confirm Arbitration Awards. Respondent International Aero Engines, LLC ("Pratt") shall file any response to GoFirst's Emergency Petition and Motion to Confirm Arbitration Awards ("Emergency Petition") within five days of this Order. GoFirst is permitted to file a reply to its Emergency Petition within three days of Pratt's response. Signed by Judge Colm F. Connolly on 5/1/2023. (twk)
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| Remark: Exit electronic copies to Duty Judge (CFC). (twk) |
| Remark: Case submitted for routine judicial assignment. (twk) |
| Filing 6 Summons Issued as to International Aero Engines, LLC. (twk) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Wadia Group for Go Airlines (India) Limited filed by Go Airlines (India) Limited. (twk) |
| Filing 4 DECLARATION of Kabir Bhalla in Support of #2 Emergency Petition and MOTION to Confirm Arbitration Awards - filed by Go Airlines (India) Limited. (twk) |
| Filing 3 MEMORANDUM of Law in Support of #2 Emergency Petition and MOTION to Confirm Arbitration Awards - filed by Go Airlines (India) Limited. Answering Brief/Response due date per Local Rules is 5/15/2023. (twk) |
| Filing 2 Emergency Petition and MOTION to Confirm Arbitration Awards - filed by Go Airlines (India) Limited. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E-F, #7 Exhibit G-J, #8 Exhibit K-N, #9 Exhibit O-P, #10 Civil Cover Sheet)(twk) |
| Filing 1 MOTION to Expedite Response and Proceedings Related to the Emergency Petition and Motion to Confirm Arbitration Awards - filed by Go Airlines (India) Limited. (Attachments: #1 Text of Proposed Order)(twk) |
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