SHANNON MEDICAL CENTER et al v. AZAR
Plaintiff: MANCHESTER MEMORIAL HOSPITAL, MEMORIAL HOSPITAL, UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA, SONOMA VALLEY HOSPITAL, ROCKVILLE GENERAL HOSPITAL, GLENDORA COMMUNITY HOSPITAL, NORTH OAKS MEDICAL CENTER, L L C, CLEVELAND CLINIC AKRON GENERAL, UH ELYRIA MEDICAL CENTER, THE QUEEN'S MEDICAL CENTER, LANDMARK MEDICAL CENTER, UH PORTAGE MEDICAL CENTER, WOMAN'S HOSPITAL, ARROWHEAD REGIONAL MEDICAL CENTER, YAVAPAI REGIONAL MEDICAL CENTER EAST, ASPIRUS WAUSAU HOSPITAL, WOOSTER COMMUNITY HOSPITAL, CENTRAL MAINE MEDICAL CENTER, SHANNON MEDICAL CENTER, LAFAYETTE GENERAL MEDICAL CENTER, TORRANCE MEMORIAL MEDICAL CENTER, MARIN GENERAL HOSPITAL, LODI MEMORIAL HOSPITAL, METROHEALTH MEDICAL CENTER, LIMA MEMORIAL HEALTH SYSTEM, FAYETTE MEDICAL CENTER, ROXBOROUGH MEMORIAL HOSPITAL and QUEEN'S MEDICAL CENTER
Defendant: ALEX M. AZAR, II
Case Number: 1:2019cv01051
Filed: April 14, 2019
Court: US District Court for the District of Columbia
Presiding Judge: Beryl A Howell
Nature of Suit: Contract: Recovery Medicare
Cause of Action: 42:1395
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2019 Filing 16 NOTICE REGARDING ORDERS ISSUED IN SIMILAR CASES by ARROWHEAD REGIONAL MEDICAL CENTER, ASPIRUS WAUSAU HOSPITAL, CENTRAL MAINE MEDICAL CENTER, CLEVELAND CLINIC AKRON GENERAL, FAYETTE MEDICAL CENTER, GLENDORA COMMUNITY HOSPITAL, LAFAYETTE GENERAL MEDICAL CENTER, LANDMARK MEDICAL CENTER, LIMA MEMORIAL HEALTH SYSTEM, LODI MEMORIAL HOSPITAL, MANCHESTER MEMORIAL HOSPITAL, MARIN GENERAL HOSPITAL, MEMORIAL HOSPITAL, METROHEALTH MEDICAL CENTER, NORTH OAKS MEDICAL CENTER, L L C, QUEEN'S MEDICAL CENTER, ROCKVILLE GENERAL HOSPITAL, ROXBOROUGH MEMORIAL HOSPITAL, SHANNON MEDICAL CENTER, SONOMA VALLEY HOSPITAL, TORRANCE MEMORIAL MEDICAL CENTER, UH ELYRIA MEDICAL CENTER, UH PORTAGE MEDICAL CENTER, UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA, WOMAN'S HOSPITAL, WOOSTER COMMUNITY HOSPITAL, YAVAPAI REGIONAL MEDICAL CENTER EAST (Marcus, Kenneth)
July 3, 2019 Set/Reset Deadlines: Joint Status Report due by 9/5/2019. (tg)
July 3, 2019 Opinion or Order MINUTE ORDER (paperless) EXTENDING, upon consideration of the parties' #14 Joint Status Report, the stay, and DIRECTING the parties to file a further joint status report by September 5, 2019, which status report shall propose a date for the filing of a motion to consolidate, unless such motion has been filed by then. Signed by Chief Judge Beryl A. Howell on July 3, 2019. (lcbah2)
July 3, 2019 Filing 15 Joint STATUS REPORT (Corrected) by ALEX M. AZAR, II. (Attachments: #1 Defendant's Proposed Order, #2 Plaintiffs' Proposed Order)(Orloff, Serena)
July 3, 2019 Filing 14 Joint STATUS REPORT by ARROWHEAD REGIONAL MEDICAL CENTER, ASPIRUS WAUSAU HOSPITAL, CENTRAL MAINE MEDICAL CENTER, CLEVELAND CLINIC AKRON GENERAL, FAYETTE MEDICAL CENTER, GLENDORA COMMUNITY HOSPITAL, LAFAYETTE GENERAL MEDICAL CENTER, LANDMARK MEDICAL CENTER, LIMA MEMORIAL HEALTH SYSTEM, LODI MEMORIAL HOSPITAL, MANCHESTER MEMORIAL HOSPITAL, MARIN GENERAL HOSPITAL, MEMORIAL HOSPITAL, METROHEALTH MEDICAL CENTER, NORTH OAKS MEDICAL CENTER, L L C, QUEEN'S MEDICAL CENTER, ROCKVILLE GENERAL HOSPITAL, ROXBOROUGH MEMORIAL HOSPITAL, SHANNON MEDICAL CENTER, SONOMA VALLEY HOSPITAL, TORRANCE MEMORIAL MEDICAL CENTER, UH ELYRIA MEDICAL CENTER, UH PORTAGE MEDICAL CENTER, UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA, WOMAN'S HOSPITAL, WOOSTER COMMUNITY HOSPITAL, YAVAPAI REGIONAL MEDICAL CENTER EAST. (Attachments: #1 Text of Proposed Order DEFENDANT'S PROPOSED ORDER, #2 Text of Proposed Order PLAINTIFFS' PROPOSED ORDER)(Marcus, Kenneth)
June 17, 2019 Opinion or Order Filing 13 STANDING ORDER. Signed by Chief Judge Beryl A. Howell on June 17, 2019. (lcbah2)
June 17, 2019 Opinion or Order MINUTE ORDER (paperless) GRANTING the parties' #12 Joint Motion to Vacate Deadline to Respond to Complaint; VACATING the deadline for the Secretary to respond to the complaint; and DIRECTING the parties to file, by July 3, 2019, a joint status report proposing a schedule for further proceedings in this case in light of the Supreme Court's decision in Allina Health Services, et al. v. Azar, 139 S. Ct. 1804 (2019). Signed by Chief Judge Beryl A. Howell on June 17, 2019. (lcbah2)
June 17, 2019 Filing 12 Joint MOTION to Vacate Deadline to Respond to Complaint by ALEX M. AZAR, II (Attachments: #1 Proposed Order)(Orloff, Serena)
June 12, 2019 Filing 11 NOTICE of Appearance by Serena Maya Schulz Orloff on behalf of ALEX M. AZAR, II (Orloff, Serena)
May 8, 2019 Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 4/30/2019 (Marcus, Kenneth)
May 8, 2019 Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/29/2019. (Marcus, Kenneth)
May 8, 2019 Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/29/2019. Answer due for ALL FEDERAL DEFENDANTS by 6/28/2019. (Marcus, Kenneth)
April 18, 2019 Filing 7 SUMMONS (3) Reissued Electronically as to ALEX M. AZAR, II, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Notice and Consent)(zrdj)
April 17, 2019 Filing 6 REQUEST FOR SUMMONS TO ISSUE ALL DEFENDANTS re #1 Complaint,,,, filed by LIMA MEMORIAL HEALTH SYSTEM, SONOMA VALLEY HOSPITAL, UH ELYRIA MEDICAL CENTER, WOMAN'S HOSPITAL, NORTH OAKS MEDICAL CENTER, L L C, CLEVELAND CLINIC AKRON GENERAL, THE QUEEN'S MEDICAL CENTER, SHANNON MEDICAL CENTER, UH PORTAGE MEDICAL CENTER, TORRANCE MEMORIAL MEDICAL CENTER, METROHEALTH MEDICAL CENTER, MANCHESTER MEMORIAL HOSPITAL, YAVAPAI REGIONAL MEDICAL CENTER EAST, WOOSTER COMMUNITY HOSPITAL, GLENDORA COMMUNITY HOSPITAL, ARROWHEAD REGIONAL MEDICAL CENTER, LAFAYETTE GENERAL MEDICAL CENTER, LODI MEMORIAL HOSPITAL, ROXBOROUGH MEMORIAL HOSPITAL, MARIN GENERAL HOSPITAL, MEMORIAL HOSPITAL, FAYETTE MEDICAL CENTER, ASPIRUS WAUSAU HOSPITAL, UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA, LANDMARK MEDICAL CENTER, ROCKVILLE GENERAL HOSPITAL, CENTRAL MAINE MEDICAL CENTER. Related document: #1 Complaint,,,, filed by ARROWHEAD REGIONAL MEDICAL CENTER, CENTRAL MAINE MEDICAL CENTER, LIMA MEMORIAL HEALTH SYSTEM, THE QUEEN'S MEDICAL CENTER, LANDMARK MEDICAL CENTER, FAYETTE MEDICAL CENTER, MEMORIAL HOSPITAL, ROCKVILLE GENERAL HOSPITAL, SHANNON MEDICAL CENTER, UH PORTAGE MEDICAL CENTER, LODI MEMORIAL HOSPITAL, YAVAPAI REGIONAL MEDICAL CENTER EAST, UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA, MANCHESTER MEMORIAL HOSPITAL, METROHEALTH MEDICAL CENTER, LAFAYETTE GENERAL MEDICAL CENTER, CLEVELAND CLINIC AKRON GENERAL, UH ELYRIA MEDICAL CENTER, MARIN GENERAL HOSPITAL, ASPIRUS WAUSAU HOSPITAL, WOOSTER COMMUNITY HOSPITAL, NORTH OAKS MEDICAL CENTER, L L C, SONOMA VALLEY HOSPITAL, TORRANCE MEMORIAL MEDICAL CENTER, WOMAN'S HOSPITAL, GLENDORA COMMUNITY HOSPITAL, ROXBOROUGH MEMORIAL HOSPITAL.(Marcus, Kenneth)
April 17, 2019 Opinion or Order MINUTE ORDER (paperless) DIRECTING the plaintiffs to show cause why Shannon Medical Center, et al. v. Azar, 19-cv-1051, should not be related to Allina Health Services, et al. v. Burwell, 14-cv-1415 (TJK), and Good Samaritan Hospital v. Azar, 19-cv-675 (TJK), in which plaintiffs also seek orders declaring the Secretary of Health and Human Services' calculation of Disproportionate Share Hospital ("DSH") payments for years prior to October 1, 2013 to be contrary to law because the Secretary's treatment of Medicare Part C days as Medicare Part A days in calculating DSH payments was required to undergo notice-and-comment rulemaking, pursuant to the Medicare Act, 42 U.S.C. § 1395hh(a)(2). Compare Alhambra Hospital and Medical Center v. Azar, 18-cv-590 (BAH), Complaint ¶¶ 42-43, 47 (filed Mar. 16, 2018), with Allina Health Services, et al. v. Burwell, 14-cv-1415 (TJK), Complaint ¶¶ 46-47, 53 (filed Aug. 19, 2014). Signed by Chief Judge Beryl A. Howell on April 17, 2019. (lcbah2)
April 17, 2019 Filing 5 SUMMONS (3) Issued Electronically as to ALEX M. AZAR, II, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Notice and Consent)(zef, )
April 17, 2019 Case Assigned to Chief Judge Beryl A. Howell. (zef, )
April 16, 2019 Filing 4 ERRATA COMPLAINT FOR JUDICIAL REVIEW AND DECLARATORY JUDGMENT by ARROWHEAD REGIONAL MEDICAL CENTER, ASPIRUS WAUSAU HOSPITAL, CENTRAL MAINE MEDICAL CENTER, CLEVELAND CLINIC AKRON GENERAL, FAYETTE MEDICAL CENTER, GLENDORA COMMUNITY HOSPITAL, LAFAYETTE GENERAL MEDICAL CENTER, LANDMARK MEDICAL CENTER, LIMA MEMORIAL HEALTH SYSTEM, LODI MEMORIAL HOSPITAL, MANCHESTER MEMORIAL HOSPITAL, MARIN GENERAL HOSPITAL, MEMORIAL HOSPITAL, METROHEALTH MEDICAL CENTER, NORTH OAKS MEDICAL CENTER, L L C, ROCKVILLE GENERAL HOSPITAL, ROXBOROUGH MEMORIAL HOSPITAL, SHANNON MEDICAL CENTER, SONOMA VALLEY HOSPITAL, THE QUEEN'S MEDICAL CENTER, TORRANCE MEMORIAL MEDICAL CENTER, UH ELYRIA MEDICAL CENTER, UH PORTAGE MEDICAL CENTER, UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA, WOMAN'S HOSPITAL, WOOSTER COMMUNITY HOSPITAL, YAVAPAI REGIONAL MEDICAL CENTER EAST #1 Complaint,,,, filed by ARROWHEAD REGIONAL MEDICAL CENTER, CENTRAL MAINE MEDICAL CENTER, LIMA MEMORIAL HEALTH SYSTEM, THE QUEEN'S MEDICAL CENTER, LANDMARK MEDICAL CENTER, FAYETTE MEDICAL CENTER, MEMORIAL HOSPITAL, ROCKVILLE GENERAL HOSPITAL, SHANNON MEDICAL CENTER, UH PORTAGE MEDICAL CENTER, LODI MEMORIAL HOSPITAL, YAVAPAI REGIONAL MEDICAL CENTER EAST, UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA, MANCHESTER MEMORIAL HOSPITAL, METROHEALTH MEDICAL CENTER, LAFAYETTE GENERAL MEDICAL CENTER, CLEVELAND CLINIC AKRON GENERAL, UH ELYRIA MEDICAL CENTER, MARIN GENERAL HOSPITAL, ASPIRUS WAUSAU HOSPITAL, WOOSTER COMMUNITY HOSPITAL, NORTH OAKS MEDICAL CENTER, L L C, SONOMA VALLEY HOSPITAL, TORRANCE MEMORIAL MEDICAL CENTER, WOMAN'S HOSPITAL, GLENDORA COMMUNITY HOSPITAL, ROXBOROUGH MEMORIAL HOSPITAL. (Marcus, Kenneth)
April 14, 2019 Filing 3 NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 18-1316. (Marcus, Kenneth)
April 14, 2019 Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ARROWHEAD REGIONAL MEDICAL CENTER, ASPIRUS WAUSAU HOSPITAL, CENTRAL MAINE MEDICAL CENTER, CLEVELAND CLINIC AKRON GENERAL, FAYETTE MEDICAL CENTER, GLENDORA COMMUNITY HOSPITAL, LAFAYETTE GENERAL MEDICAL CENTER, LANDMARK MEDICAL CENTER, LIMA MEMORIAL HEALTH SYSTEM, LODI MEMORIAL HOSPITAL, MANCHESTER MEMORIAL HOSPITAL, MARIN GENERAL HOSPITAL, MEMORIAL HOSPITAL, METROHEALTH MEDICAL CENTER, NORTH OAKS MEDICAL CENTER, L L C, ROCKVILLE GENERAL HOSPITAL, ROXBOROUGH MEMORIAL HOSPITAL, SHANNON MEDICAL CENTER, SONOMA VALLEY HOSPITAL, THE QUEEN'S MEDICAL CENTER, TORRANCE MEMORIAL MEDICAL CENTER, UH ELYRIA MEDICAL CENTER, UH PORTAGE MEDICAL CENTER, UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA, WOMAN'S HOSPITAL, WOOSTER COMMUNITY HOSPITAL, YAVAPAI REGIONAL MEDICAL CENTER EAST (Marcus, Kenneth)
April 14, 2019 Filing 1 COMPLAINT FOR JUDICIAL REVIEW AND DECLARATORY AND INJUNCTIVE RELIEF against ALEX M. AZAR, II SECRETARY OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-6058462) filed by LIMA MEMORIAL HEALTH SYSTEM, SONOMA VALLEY HOSPITAL, UH ELYRIA MEDICAL CENTER, WOMAN'S HOSPITAL, NORTH OAKS MEDICAL CENTER, L L C, CLEVELAND CLINIC AKRON GENERAL, THE QUEEN'S MEDICAL CENTER, SHANNON MEDICAL CENTER, UH PORTAGE MEDICAL CENTER, TORRANCE MEMORIAL MEDICAL CENTER, METROHEALTH MEDICAL CENTER, MANCHESTER MEMORIAL HOSPITAL, YAVAPAI REGIONAL MEDICAL CENTER EAST, WOOSTER COMMUNITY HOSPITAL, GLENDORA COMMUNITY HOSPITAL, ARROWHEAD REGIONAL MEDICAL CENTER, LAFAYETTE GENERAL MEDICAL CENTER, LODI MEMORIAL HOSPITAL, ROXBOROUGH MEMORIAL HOSPITAL, MARIN GENERAL HOSPITAL, MEMORIAL HOSPITAL, FAYETTE MEDICAL CENTER, ASPIRUS WAUSAU HOSPITAL, UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA, LANDMARK MEDICAL CENTER, ROCKVILLE GENERAL HOSPITAL, CENTRAL MAINE MEDICAL CENTER. (Attachments: #1 Civil Cover Sheet, #2 Summons Secretary of Health and Human Services, #3 Summons Attorney General of the United States, #4 Summons United States Attorney, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3)(Marcus, Kenneth)

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Search for this case: SHANNON MEDICAL CENTER et al v. AZAR
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Plaintiff: MANCHESTER MEMORIAL HOSPITAL
Represented By: Kenneth R. Marcus
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Plaintiff: MEMORIAL HOSPITAL
Represented By: Kenneth R. Marcus
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Plaintiff: UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA
Represented By: Kenneth R. Marcus
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Plaintiff: SONOMA VALLEY HOSPITAL
Represented By: Kenneth R. Marcus
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Plaintiff: ROCKVILLE GENERAL HOSPITAL
Represented By: Kenneth R. Marcus
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Plaintiff: GLENDORA COMMUNITY HOSPITAL
Represented By: Kenneth R. Marcus
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Plaintiff: NORTH OAKS MEDICAL CENTER, L L C
Represented By: Kenneth R. Marcus
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Plaintiff: CLEVELAND CLINIC AKRON GENERAL
Represented By: Kenneth R. Marcus
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Plaintiff: UH ELYRIA MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: THE QUEEN'S MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: LANDMARK MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: UH PORTAGE MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: WOMAN'S HOSPITAL
Represented By: Kenneth R. Marcus
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Plaintiff: ARROWHEAD REGIONAL MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: YAVAPAI REGIONAL MEDICAL CENTER EAST
Represented By: Kenneth R. Marcus
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Plaintiff: ASPIRUS WAUSAU HOSPITAL
Represented By: Kenneth R. Marcus
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Plaintiff: WOOSTER COMMUNITY HOSPITAL
Represented By: Kenneth R. Marcus
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Plaintiff: CENTRAL MAINE MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: SHANNON MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: LAFAYETTE GENERAL MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: TORRANCE MEMORIAL MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: MARIN GENERAL HOSPITAL
Represented By: Kenneth R. Marcus
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Plaintiff: LODI MEMORIAL HOSPITAL
Represented By: Kenneth R. Marcus
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Plaintiff: METROHEALTH MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: LIMA MEMORIAL HEALTH SYSTEM
Represented By: Kenneth R. Marcus
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Plaintiff: FAYETTE MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: ROXBOROUGH MEMORIAL HOSPITAL
Represented By: Kenneth R. Marcus
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Plaintiff: QUEEN'S MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Defendant: ALEX M. AZAR, II
Represented By: Serena Maya Schulz Orloff
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