HAWKINS v. DEPUY ORTHOPAEDICS, INC. et al
| CARLTON HAWKINS and MICHELLE A HAWKINS |
| DEPUY ORTHOPAEDICS, INC., DEPUY INC, DEPUY INTERNATIONAL, LIMITED, JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, INC., JOHNSON & JOHNSON INTERNATIONAL, DEPUY SYNTHES, INC and DEPUY PRODUCTS INC |
| SPECIAL MASTER |
| 1:2022cv03859 |
| December 23, 2022 |
| US District Court for the District of Columbia |
| Amit P Mehta |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on January 6, 2023. A more recent docket listing may be available from PACER.
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MINUTE ORDER. The parties shall appear for a remote status conference on January 12, 2023, at 8:30 a.m. Because Plaintiffs' counsel are not identified on this court's docket, Defendants' counsel shall communicate to them the scheduling of the status conference. Signed by Judge Amit P. Mehta on 1/6/2023. (lcapm1)
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| Filing 48 Case transferred in from District of Texas Northern; Case Number 3:15-cv-02186. Original file ,transfer order and docket sheet received. |
| Filing 47 RESPONSE filed by Carlton Hawkins, Michelle A Hawkins re: #34 (Document Restricted) Motion for Summary Judgment (Sealed pursuant to order dated 6/20/2012) (Attachments: #1 Exhibit(s) 1 - Naide Report, #2 Exhibit(s) 3 - Emails Re DFS Production, #3 Exhibit(s) 4 - Haberman Declaration, #4 Exhibit(s) 5 - Hawkins' MDR, #5 Exhibit(s) 6 - Drumwright Report, #6 Exhibit(s) 7 - Berstein Report, #7 Exhibit(s) 8 - Li Report) (Haberman, Jeffrey) [Transferred from Texas Northern on 1/3/2023.] |
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Filing 46
ORDER TRANSFERRING CASES PURSUANT TO 28 U.S.C. 1404 - Pursuant to Case Management Order #1 [Dkt. 20] and 28 U.S.C 1404, this Court transfers the identified cases to the appropriate United States District Court as identified above. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 1/3/2023.]
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| Filing 45 RESPONSE filed by Carlton Hawkins, Michelle A Hawkins re: #30 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS (Haberman, Jeffrey) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 44 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 29, 40] and conducting a telephonic hearing on December 28, 2022 [Dkt. 42], the special master recommends transferring this case for further proceedings because this case is in the process of completing discovery and ready to be set for trial; consequently, the case would no longer benefit from inclusion in the coordinated or consolidated pretrial proceedings before this Court. Further, the special master recommends transferring the case to the District of Columbia pursuant to the recommendation in the parties' joint status report [Dkt. 39]. The following motions are currently pending in this case: Motions to Exclude [Dkts. 30, 31]; Motion for Summary Judgment [Dkt. 34]; Motion to Disqualify [Dkt. 35]; and Motions in Limine [Dkts. 37, 38]. Because ruling on these motions will directly impact the claims, defenses, and presentation and admissibility of evidence at trial, the special master recommends this Court defer ruling on these motions to permit consideration by the transferee court which will have responsibility for putting the case on trial. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 43 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #31 MOTION Exclude or Limit Defense Experts' Opinions (Beisner, John) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 42 Administrative Record consisting of REPORTER'S TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE HAD ON WEDNESDAY, DECEMBER 28, 2022 filed by Special Master. (Stanton, James) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 41 NOTICE of the Special Master's rulings. By January 3, 2023, the parties are directed to file a joint status report with a list of any filing a party desires to be included in this individual case from the docket of In re: Depuy Orthopaedics 3:11-MD-2244-K pending in the United States District Court for the Northern District of Texas. The joint status report shall provide a single list of requested filings in chronological order identified by docket number and document title. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 40 Joint STATUS REPORT filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc, DePuy Products Inc, Johnson & Johnson. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 39 Joint STATUS REPORT filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 38 MOTION in Limine Plaintiffs' Omnibus Motion In Limine With Memorandum of Law filed by Carlton Hawkins, Michelle A Hawkins with Brief/Memorandum in Support. (Haberman, Jeffrey) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 37 MOTION in Limine (Omnibus) filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 36 NOTICE of hearing. On December 2, 2022, the parties were directed to file a joint status report by December 16, 2022. By 5:00 p.m. Central on December 27, 2022, the parties are directed to file an updated joint status report. The parties are directed to attend a telephonic status conference on December 28, 2022 at 8:30 a.m. Central using the following information: Call in number 800.977.8002; Passcode 8325765#. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 35 (Document Restricted) MOTION TO DISQUALIFY PLAINTIFFS EXPERTS DANA MEDLIN AND STEPHEN LI (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 34 (Document Restricted) Motion for Summary Judgment (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits, #3 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 33 NOTICE of amendment to correct technical error in the original docket entry. The original complaint [Dkt. 1] was direct-filed in the Northern District of Texas pursuant to this Court's Case Management Order #1 in MDL 2244 [Dkt. 20]. By December 22, 2022, the parties are directed to file a joint status report with the Court providing their recommendations on a court of appropriate jurisdiction for trial pursuant to 28 U.S.C. 1404. [Dkt. 20, *paragraph* 17]. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 32 NOTICE of the special mater's rulings. The original complaint [Dkt. 1] was direct-filed in the Northern District of Texas pursuant to this Court's Case Management Order #1 in MDL 2244 [Dkt. 20]. By December 22, 2022, the parties are directed to file a joint status report with the Court providing their recommendations on a court of appropriate jurisdiction for trial pursuant to 28 U.S.C. 1404. [Dkt. 20, 17]. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 31 MOTION Exclude or Limit Defense Experts' Opinions filed by Carlton Hawkins, Michelle A Hawkins with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A - Def. Rule 26 Expert Disclosure) (Haberman, Jeffrey) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 30 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney John H Beisner added to party DePuy Orthopaedics Inc(pty:dft), Attorney John H Beisner added to party DePuy Products Inc(pty:dft), Attorney John H Beisner added to party DePuy Synthes Inc(pty:dft), Attorney John H Beisner added to party Johnson & Johnson(pty:dft), Attorney John H Beisner added to party Johnson & Johnson International (pty:dft), Attorney John H Beisner added to party Johnson & Johnson Services Inc(pty:dft) (Beisner, John) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 29 Joint STATUS REPORT filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc, DePuy Products Inc, Johnson & Johnson. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 28 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 27], and the Court's Scheduling Order of September 16, 2022 [Dkt. 21], the parties are directed to confer and file, by December 9, 2022, a joint status report regarding any matters that require the Court's attention to comply with the Court's Scheduling Order. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 27 SPECIAL MASTER'S STATUS REPORT - Presently there are eighty-two cases remaining in this MDL. Sixty-six of the remaining cases are on a scheduling order where all pre-trial filings will be complete by December 30, 2022; twelve of the cases are on a scheduling order with pre-trial filings complete by March 3, 2023; and, four cases are subject to dismissal if service is not quickly accomplished. Although over half of the remaining cases in the MDL have efficiently moved forward on the scheduling order, a select few cases have required significant attention through motions practice and some parties stated inability to meet the Court's deadlines. Many of the issues raised in the motions were resolved through hearings or through agreement. In the previous 45 days, I have conducted numerous formal and informal status conferences. The transcripts and docket entry from those conferences are attached and are being docketed in all cases remaining in the MDL because they could affect outstanding legal and factual disputes among the parties in any of the cases. (Attachments: #1 10-18-2022 Conference Transcript, #2 10-19-2022 Conference Transcript, #3 10-23-2022 Conference Transcript, #4 10-28-2022 Conference Transcript, #5 Docket Entry 1283, #6 11-16-2022 Conference Transcript) (Stanton, James M.) [Transferred from Texas Northern on 1/3/2023.] |
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Filing 26
ELECTRONIC ORDER denying (13) Motion to Extend Time to Submit Expert Reports. Plaintiff is now in compliance with CMO 12. (Ordered by Judge Ed Kinkeade on 10/20/2022) (chmb) [Transferred from Texas Northern on 1/3/2023.]
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| Filing 25 ANSWER to #22 Amended Complaint,,, with Jury Demand filed by DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Terri Bruksch added to party DePuy Products Inc(pty:dft), Attorney Terri Bruksch added to party DePuy Synthes Inc(pty:dft) (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 24 ANSWER to #22 Amended Complaint,,, with Jury Demand filed by DePuy Orthopaedics Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 23 STATUS REPORT filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 22 AMENDED COMPLAINT WITH JURY DEMAND against DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc, DePuy Synthes, Inc. filed by Michelle A Hawkins, Carlton Hawkins. (One or more defendant(s) is no longer named.) Clerk to issue summons(es). Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Haberman, Jeffrey) [Transferred from Texas Northern on 1/3/2023.] |
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Filing 21
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(b), the Court enters this Scheduling Order: 1. Each Plaintiff shall amend pleadings by September 30, 2022; Each Defendantshall amend pleadings by October 14, 2022. 2. Each Plaintiff shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by October 28, 2022; the deposition of each Plaintiff expert shall be conducted between November 7, 2022, and November 18, 2022. 3. Each Defendant shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by November 4, 2002; the deposition of each Defendant expert shall be conducted between November 21, 2022 and December 2, 2022. 4. All discovery shall be completed by December 9, 2022. 5. All dispositive motions or Daubert motions shall be filed by December 16, 2022; and any response to the motions shall be filed by December 30, 2022. 6. The parties shall file motions in limine as well as any motions seeking to limit the testimony of any witness at trial for any reason by December 21, 2022. (Ordered by Judge Ed Kinkeade on 9/16/2022) (chmb) [Transferred from Texas Northern on 1/3/2023.]
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| Filing 20 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 19 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 18 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 17 NOTICE of Compliance with CMO 12 Obligations filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Medical Limited (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 16 RESPONSE filed by Carlton Hawkins, Michelle A Hawkins re: 15 Order,, (Attachments: #1 Exhibit(s) A - Preservation Notices, #2 Exhibit(s) B - Preservation Notices & List Upload, #3 Exhibit(s) C - PFS Uplaod, #4 Exhibit(s) D - PPF Uplaod, #5 Exhibit(s) E - Hawkins Aff, #6 Exhibit(s) F - Naide Report, #7 Exhibit(s) G - Li Report, #8 Exhibit(s) H - Email Jul. 22, 2021, #9 Exhibit(s) I - Email May 14, 2022, #10 Exhibit(s) J - Email May 10, 2022, #11 Exhibit(s) K - Email May 23, 2022) (Haberman, Jeffrey) [Transferred from Texas Northern on 1/3/2023.] |
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Filing 15
ELECTRONIC ORDER: Plaintiff is instructed to show cause within thirty (30) days why the claim should not be dismissed with prejudice for failure to prosecute pursuant to Case Management Order No. 12 ("CMO 12") [Dkt. 1054], because Defendant's Lead Counsel notified the Special Master that, after having been provided the requisite notice and 30 days to cure, Plaintiff has failed to fully comply with the requirements of CMO 12. (Ordered by Judge Ed Kinkeade on 5/2/2022) (chmb) [Transferred from Texas Northern on 1/3/2023.]
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| Filing 14 Pursuant to the Court's Case Management Order No. 13 [Doc. 1150], the Court-appointed Special Master and Mediator requested that counsel for Plaintiff provide the most convenient city for Plaintiff to attend in-person mediation following an unsuccessful mediation Zoom mediation. The Parties have provided a city. The Mediator has confirmed the location and will provide a date, and the mediation will occur on or before May 31, 2022. (James M. Stanton - Special Master.) (chmb) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 13 Unopposed MOTION for Extension of Time to File Expert Reports Pursuant to CMO No. 12 filed by Carlton Hawkins, Michelle A Hawkins. ***FILED USING THE COURT'S EMERGENCY FILING EMAIL ADDRESS*** (ygl) [Transferred from Texas Northern on 1/3/2023.] |
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Filing 12
ELECTRONIC ORDER - Before the Court is the Parties' Unopposed Motion to Extend CMO 12 Deadlines. The Court has been notified that the Parties will be conducting mediation, and therefore the Motion is GRANTED. The Parties are DIRECTED to file a Joint Status Report on Mediation 10 days after the mediation has occurred. Further, the Parties' shall comply with all Case Management Order No. 12 deadlines no later than November 20, 2021. (Ordered by Judge Ed Kinkeade on 8/26/2021) (chmb) [Transferred from Texas Northern on 1/3/2023.]
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| Filing 11 MOTION to Extend Time Extension of Time filed by Carlton Hawkins (Haberman, Jeffrey) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 10 Notice of filing Case Management OrdersThe following orders have been filed in 3:11-md-2244 and are available by using the links provided below.#CASE MANAGEMENT ORDER NO. #10 # PINNACLE PLAINTIFF PROFILE FORM# CASE MANAGEMENT ORDER NO. #11 # DEFENDANTS' FACT SHEET. (cea) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 9 WAIVER OF SERVICE Returned Executed as to DePuy Orthopaedics Inc. Waiver sent on 6/30/2015. (Haberman, Jeffrey) Waiver sent date modified on 7/23/2015 (twd). [Transferred from Texas Northern on 1/3/2023.] |
| Filing 8 WAIVER OF SERVICE Returned Executed as to DePuy Inc. Waiver sent on 6/30/2015. (Haberman, Jeffrey) Waiver sent date modified on 7/23/2015 (twd). [Transferred from Texas Northern on 1/3/2023.] |
| Filing 7 WAIVER OF SERVICE Returned Executed as to DePuy International Limited. Waiver sent on 6/30/2015. (Haberman, Jeffrey) Waiver sent date modified on 7/23/2015 (twd). [Transferred from Texas Northern on 1/3/2023.] |
| Filing 6 WAIVER OF SERVICE Returned Executed as to Johnson & Johnson International. Waiver sent on 6/30/2015. (Haberman, Jeffrey) Waiver sent date modified on 7/23/2015 (twd). [Transferred from Texas Northern on 1/3/2023.] |
| Filing 5 WAIVER OF SERVICE Returned Executed as to Johnson & Johnson Services Inc. Waiver sent on 6/30/2015. (Haberman, Jeffrey) Waiver sent date modified on 7/23/2015 (twd). [Transferred from Texas Northern on 1/3/2023.] |
| Filing 4 WAIVER OF SERVICE Returned Executed as to Johnson & Johnson. Waiver sent on 6/30/2015. (Haberman, Jeffrey) Waiver sent date modified on 7/23/2015 (twd). [Transferred from Texas Northern on 1/3/2023.] |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Carlton Hawkins, Michelle A Hawkins. (Haberman, Jeffrey) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 2 Request for Clerk to issue Summons for Issuance filed by Carlton Hawkins, Michelle A Hawkins. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons) (Haberman, Jeffrey) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against Carlton Hawkins filed by Carlton Hawkins. (Filing fee $400; Receipt number 0539-6899202) Plaintiff will submit summons(es) for issuance. Filer indicates this case is related to MDL Case No. 2244, In re: DePuy Orthopedics, Inc., Pinnacle Hip Implant Products Liability Litigation, pending before Judge Ed Kinkeade. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Haberman, Jeffrey) [Transferred from Texas Northern on 1/3/2023.] |
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