ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO v. FEDERAL SERVICE IMPASSES PANEL et al
| ASSOCIATION OF ADMINISTRATIVE LAW JUDGES and ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO |
| MARK ANTHONY CARTER and FEDERAL SERVICE IMPASSES PANEL |
| SOCIAL SECURITY ADMINISTRATION |
| 1:2020cv01026 |
| April 20, 2020 |
| US District Court for the District of Columbia |
| Amy Berman Jackson |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 38 STATUS REPORT Notifying Court of Authority Decision Staying Underlying Panel Ruling by MARK ANTHONY CARTER, FEDERAL SERVICE IMPASSES PANEL. (Attachments: #1 Exhibit Authority Decision Staying Panel Ruling)(Peters, Noah) |
| Filing 37 TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on April 28, 2020; Page Numbers: 1-26. Date of Issuance: May 21, 2020. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced abov e. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/11/2020. Redacted Transcript Deadline set for 6/21/2020. Release of Transcript Restriction set for 8/19/2020.(Dickman, Janice) |
| Filing 36 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL SERVICE IMPASSES PANEL served on 5/12/2020 (Gupta, Deepak) |
| Filing 35 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARK ANTHONY CARTER served on 5/18/2020 (Gupta, Deepak) Modified on 5/25/2020 to correct docket event and no answer due date (jf). |
| Filing 34 ENTERED IN ERROR.....Memorandum in opposition to re #26 Cross MOTION for Summary Judgment filed by ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO. (Attachments: #1 Appendix of Attorney General and Office of Legal Counsel Opinions)(Gupta, Deepak) Modified on 5/19/2020 (zjf). |
| NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #34 Memorandum in Opposition, was entered in error as a duplicate entry to 33 (zjf) |
| Filing 32 REPLY to opposition to motion re #23 Cross MOTION for Summary Judgment , #26 Cross MOTION for Summary Judgment filed by MARK ANTHONY CARTER, FEDERAL SERVICE IMPASSES PANEL, SOCIAL SECURITY ADMINISTRATION. (Snow, Kyla) |
| NOTICE OF ERROR re #31 Reply to opposition to Motion; emailed to deepak@guptawessler.com, cc'd 15 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Same document using the Opposition event and link filing to entry no.26 (zjf, ) |
| Filing 33 Memorandum in opposition to re #23 Cross MOTION for Summary Judgment filed by ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO. (See Docket Entry #31 to view document) (zjf) |
| Filing 31 REPLY to opposition to motion re #5 MOTION for Preliminary Injunction filed by ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO. (Attachments: #1 Appendix of Attorney General and Office of Legal Counsel Opinions)(Gupta, Deepak) |
| Filing 30 REPLY to opposition to motion re #22 MOTION to Dismiss for Lack of Jurisdiction filed by MARK ANTHONY CARTER, FEDERAL SERVICE IMPASSES PANEL, SOCIAL SECURITY ADMINISTRATION. (Snow, Kyla) |
| Filing 29 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/6/2020. Answer due for ALL FEDERAL DEFENDANTS by 7/5/2020. (Gupta, Deepak) |
| Filing 28 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/11/2020. (Gupta, Deepak) |
| Filing 27 Memorandum in opposition to re #5 MOTION for Preliminary Injunction Motion for Summary Judgment filed by SOCIAL SECURITY ADMINISTRATION. (Snow, Kyla) |
| NOTICE OF ERROR re #26 Motion for Summary Judgment; emailed to kyla.snow@usdoj.gov, cc'd 14 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Same document using the Opposition event (zjf, ) |
| Filing 26 Cross MOTION for Summary Judgment by SOCIAL SECURITY ADMINISTRATION (Attachments: #1 Statement of Facts, #2 Text of Proposed Order)(Snow, Kyla) |
| Filing 25 RESPONSE re #22 MOTION to Dismiss for Lack of Jurisdiction in Opposition filed by ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO. (Gupta, Deepak) |
| Filing 24 Memorandum in opposition to re #5 MOTION for Preliminary Injunction Summary Judgment filed by MARK ANTHONY CARTER, FEDERAL SERVICE IMPASSES PANEL. (Attachments: #1 Exhibit Presidential Succession and Delegation in Case of Disability, 5 Op. Off. Legal Counsel 91 (1981), #2 Statement of Facts Local Rule 7(h) Statement, #3 Declaration of Kimberly Moseley)(Peters, Noah) |
| Filing 23 Cross MOTION for Summary Judgment by MARK ANTHONY CARTER, FEDERAL SERVICE IMPASSES PANEL (Attachments: #1 Memorandum in Support, #2 Statement of Facts Local Rule 7(h) Statement, #3 Declaration of Kimberly Moseley, #4 Exhibit Presidential Succession and Delegation in Case of Disability, 5 Op. Off. Legal Counsel 91 (1981), #5 Text of Proposed Order)(Peters, Noah) |
| Filing 22 MOTION to Dismiss for Lack of Jurisdiction by MARK ANTHONY CARTER, FEDERAL SERVICE IMPASSES PANEL, SOCIAL SECURITY ADMINISTRATION (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Snow, Kyla) |
| Filing 21 ADMINISTRATIVE RECORD by MARK ANTHONY CARTER, FEDERAL SERVICE IMPASSES PANEL. (Attachments: #1 Exhibit A: Certified Index for Case No. 20 FSIP 001, #2 Exhibit B: Certified Index for Case No. 0-MC-0028)(Osborne, Rebecca) |
MINUTE ORDER. Pursuant to the Court's May 1, 2020 Order and in light of the parties' joint proposed briefing schedule #17 , it is ORDERED that defendants' motion to dismiss for lack of jurisdiction is due May 6, 2020; plaintiff's opposition is due May 11, 2020; and any reply, which need not (and should not) repeat arguments set forth in the original motion, is due May 14, 2020. It is FURTHER ORDERED that defendants' opposition to plaintiff's motion for summary judgment and cross-motion for summary judgment, supported by a single memorandum of points and authorities, is due May 11, 2020; and any reply, combined with the cross-opposition, which similarly should not repeat arguments set forth in the original motion, is due May 15, 2020, with any cross-reply is due May 18, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/5/20. (DMK)
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| Set/Reset Deadlines: Defendants' motion to dismiss for lack of jurisdiction is due 5/6/2020; Plaintiff's opposition is due 5/11/2020; and any reply is due 5/14/2020. Defendants' Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment, supported by a single memorandum of points and authorities, is due 5/11/2020; any Reply, combined with the Cross-Opposition, which similarly should not repeat arguments set forth in the original motion, is due 5/15/2020, any Cross-Reply is due 5/18/2020. (jth) |
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MINUTE ORDER granting #18 unopposed Motion by Social Security Administration to Intervene as Defendant. It is ORDERED that the Social Security Administration is permitted intervene pursuant to Fed. R. Civ. Proc. 24(b)(2). Signed by Judge Amy Berman Jackson on 5/5/20. (DMK)
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| Filing 20 ENTERED IN ERROR (DUPLICATE).....SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (jf) Modified on 5/6/2020 (znmw). |
| Filing 19 SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (znmw) |
| Filing 18 Unopposed MOTION to Intervene as Defendant by SOCIAL SECURITY ADMINISTRATION (Attachments: #1 Text of Proposed Order)(Snow, Kyla) |
| Filing 17 PROPOSED BRIEFING SCHEDULE by ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO (Gupta, Deepak) Modified event title on 5/4/2020 (znmw). |
| Filing 16 NOTICE as to whether the SSA should be joined as a necessary party by ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO re Set/Reset Deadlines,, Order,,,,,, (Gupta, Deepak) |
| Filing 15 REQUEST FOR SUMMONS TO ISSUE filed by ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO.(Gupta, Deepak) |
| Filing 14 REPLY re #2 Notice of Related Case Objection to Notice of Related Case filed by MARK ANTHONY CARTER, FEDERAL SERVICE IMPASSES PANEL. (Peters, Noah) |
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MINUTE ORDER. It is ORDERED that the Social Security Administration ("SSA") must file any motion to intervene in this case by 12:00 noon on May 4, 2020. It is FURTHER ORDERED that each side must file a notice by 12:00 noon on May 4, 2020 informing the Court of its position as to whether SSA should be joined as a necessary party. With respect to the motion to clarify #13 docketed by SSA, the Court notes that after the scheduling conference on April 28, 2020, it established a briefing schedule designed to facilitate the expedited resolution of this case in its entirety. At that time, the Court was of the impression that SSA's stated goal of having the case resolved by the end of May was meant to be aspirational, as opposed to a fixed limit on its voluntary agreement, particularly since the agency specifically requested a two-step briefing schedule that could not be completed by that time. While the Court appreciates the agency's willingness to reconsider its position in a month's time, given its motion to clarify #13 and the lack of clarity on that issue now, the parties are also directed to meet and confer and propose a revised schedule for the briefing of the motion to dismiss on jurisdictional and res judicata grounds and the cross-motions for summary judgment on the merits of the Appointments Clause issue that would have the matter fully briefed by May 18. The new proposed schedule is also due by noon on May 4. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/1/20. (DMK)
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| Set/Reset Deadlines: Social Security Administration ("SSA") must file any motion to intervene in this case by 12:00 noon on 5/4/2020; each side must file a notice by 12:00 noon on 5/4/2020 informing the Court of its position as to whether SSA should be joined as a necessary party; The parties are directed to meet and confer and propose a revised schedule for the briefing of the motion to dismiss on jurisdictional and res judicata grounds and the cross-motions for summary judgment on the merits of the Appointments Clause issue that would have the matter fully briefed by 5/18/2020; The new proposed schedule is also due by 12:00 noon on 5/4/2020. (jth) |
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MINUTE ORDER. Upon consideration of #36 #10 #30 #11 Defendants' Motion to Consolidate Cases, it is hereby ORDERED that the motion is DENIED. I find that defendants have not met their burden under Federal Rule of Civil Procedure 42(a) of showing that convenience and judicial economy would be served by consolidating these cases. While each case raises one common legal claim of an Appointments Clause challenge, Case No. 19-cv-1934 raises two additional unique claims, and Case No. 20-cv-837 raises two further unique claims. I cannot conclude that common issues of law or fact predominate, especially where these cases involve different plaintiffs, different Panel decisions, and mostly different legal claims. Further, Case No. 19-cv-1934 has a fully briefed motion to dismiss for lack of jurisdiction as well as a not-yet-briefed motion for summary judgment. I am not satisfied that any potential gains in efficiency from consolidating these cases would not be outweighed by potential prejudice, delay, or confusion. For these reasons, the motion to consolidate is denied. SO ORDERED. By Judge Richard J. Leon on 5/1/2020. (jth)
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| Filing 13 MOTION to Clarify the Court's Minute Order of April 28, 2020 by SOCIAL SECURITY ADMINISTRATION (Attachments: #1 Exhibit April 28, 2020 Hearing Transcript)(Snow, Kyla) |
| Filing 12 NOTICE of Appearance by Neil Sawhney on behalf of ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO (Sawhney, Neil) |
| Set/Reset Deadlines: Defendants' Motion to Dismiss for Lack of Jurisdiction is due by 5/8/ 2020; Plaintiff's Opposition is due by 5/15/2020; any Reply is due by 5/20/2020. The Motion for Preliminary Injunction and Memo in Support thereof will be deemed to be plaintiff's Motion for Summary Judgment; Defendants' Opposition and any Cross-Motion for Summary Judgment, supported by a single memorandum of points and authorities, is due by 5/22/2020; any Reply, combined with the Cross-Opposition, if any, which similarly should not repeat arguments set forth in the original motion, is due by 5/29/2020, any Cross-Reply is due on 6/3/2020. (jth) |
| Minute Entry for Proceedings held before Judge Amy Berman Jackson: Telephone Scheduling Conference Call held on 4/28/2020. For the reasons stated on the record during the call, Plaintiff's #6 Motion for Expedited Briefing and Hearing Schedule on The Association's Motion for a Preliminary Injunction is DENIED as MOOT. The Court will issue a further scheduling Order in this case. (Court Reporter Janice Dickman.) (jth) |
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MINUTE ORDER. Given the representation made to the Court today by the United States Department of Justice, on behalf of the Social Security Administration, that the Social Security Administration has agreed to defer implementation of the nine articles that are the subject of the Federal Services Impasse Panel decision at issue in this case until this case has been resolved on the merits, the issue of irreparable harm has been rendered moot. For that reason, and because the remaining issues in the case are purely legal, the Court has determined in its discretion that it will be more efficient and in the interests of justice to consolidate the motion for preliminary injunction #5 with the merits pursuant to Fed. R. Civ. Proc. 65(a)(2). The Court recognizes that the Social Security Administration has agreed to delay implementation with the understanding that the legal issues in this case will be heard as expeditiously as possible, but given the request by both the Department of Justice, on behalf of the Social Security Administration, and defendants FSIP and its chairman, the Court will establish a schedule that calls for the completion of the briefing of the jurisdictional issues first. Defendants' motion to dismiss for lack of jurisdiction will be due on May 8, 2020; plaintiff's opposition will be due on May 15, 2020; and any reply, which need not (and should not) repeat arguments set forth in the original motion, will be due on May 20, 2020. In addition, the motion for preliminary injunction and memorandum in support thereof will be deemed to be plaintiff's motion for summary judgment; defendants' opposition and cross-motion for summary judgment, if any, supported by a single memorandum of points and authorities, will be due on May 22, 2020; and any reply, combined with the cross-opposition, if any, which similarly should not repeat arguments set forth in the original motion, will be due on May 29, 2020, with any cross-reply due on June 3, 2020. The Court will schedule a hearing if and when it deems it necessary to do so, by separate order. Signed by Judge Amy Berman Jackson on 4/28/20. (DMK)
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| Filing 11 MOTION to Consolidate Cases by MARK ANTHONY CARTER, FEDERAL SERVICE IMPASSES PANEL (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Peters, Noah) |
| Filing 10 NOTICE of Appearance by Sarah Catherine Blackadar on behalf of All Defendants (Blackadar, Sarah) |
| Filing 9 NOTICE of Appearance by Noah Barnett Peters on behalf of MARK ANTHONY CARTER, FEDERAL SERVICE IMPASSES PANEL (Peters, Noah) |
| Set/Reset Hearings: An on the record Telephone Scheduling Conference Call is set for 4/27/2020 at 3:30 PM in Chambers before Judge Amy Berman Jackson. (jth) |
| Minute Entry for proceedings held before Judge Amy Berman Jackson: Telephone Scheduling Conference call held on 4/27/2020. Another Telephone Scheduling Conference Call is set for 4/28/2020 at 2:30 PM before Judge Amy Berman Jackson. Counsel are directed to use the same dial in number and pass code to access the call. (Court Reporter: Janice Dickman). (jth) |
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MINUTE ORDER granting #4 Motion for Leave of Neil K. Sawhney to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Amy Berman Jackson on 4/27/20. (DMK)
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| Filing 8 ERRATA (Corrected Motion for Preliminary Injunction) by ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO #5 MOTION for Preliminary Injunction filed by ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO. (Gupta, Deepak) |
| Filing 7 NOTICE of Appearance by Rebecca Jean Osborne on behalf of MARK ANTHONY CARTER, FEDERAL SERVICE IMPASSES PANEL (Osborne, Rebecca) |
| Filing 6 MOTION to Expedite by ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO (Gupta, Deepak) |
| Filing 5 MOTION for Preliminary Injunction by ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Declaration, #15 Exhibit, #16 Exhibit)(Gupta, Deepak) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Neil K. Sawhney, Filing fee $ 100, receipt number ADCDC-7053354. Fee Status: Fee Paid. by ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO (Gupta, Deepak) |
| Filing 3 SUMMONS (2) Issued Electronically as to MARK ANTHONY CARTER, FEDERAL SERVICE IMPASSES PANEL. (Attachment: #1 Notice and Consent)(zmc) |
| Case assigned to Judge Amy Berman Jackson. (zmc) |
| Filing 2 NOTICE OF RELATED CASE by ASSOCIATION OF ADMINISTRATIVE LAW JUDGES. Case related to Case No. 1:20-cv-00888-ABJ. (Gupta, Deepak) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-7040588) filed byASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Gupta, Deepak); Modified text on 4/23/2020 (ztth). |
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| Plaintiff: ASSOCIATION OF ADMINISTRATIVE LAW JUDGES | |
| Represented By: | Deepak Gupta |
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| Plaintiff: ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO | |
| Represented By: | Neil Sawhney |
| Represented By: | Deepak Gupta |
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| Defendant: MARK ANTHONY CARTER | |
| Represented By: | Sarah Catherine Blackadar |
| Represented By: | Rebecca Jean Osborne |
| Represented By: | Noah Barnett Peters |
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| Defendant: FEDERAL SERVICE IMPASSES PANEL | |
| Represented By: | Sarah Catherine Blackadar |
| Represented By: | Rebecca Jean Osborne |
| Represented By: | Noah Barnett Peters |
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| Intervenor defendant: SOCIAL SECURITY ADMINISTRATION | |
| Represented By: | Kyla Marie Snow |
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