Zuccola v. Vitality Foodservice, Inc.
Plaintiff: Zuccola and Whitney Zuccola
Defendant: Vitality Foodservice, Inc. and Vitality FoodServices, Inc.
Interested Party: Caryn Groedel and Baker and Hostetler
Case Number: 8:2016cv03297
Filed: December 1, 2016
Court: US District Court for the Middle District of Florida
Office: Tampa Office
County: XX US, Outside State
Presiding Judge: James S Moody
Referring Judge: Thomas G Wilson
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 18, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 18, 2017 Opinion or Order Filing 68 ENDORSED ORDER granting #67 Joint Motion for Dismissal with Prejudice. This cause is dismissed with prejudice, each party to bear their own attorney's fees and costs. Signed by Judge James S. Moody, Jr on 12/18/2017. (SMB)
December 18, 2017 Filing 67 Joint MOTION to Dismiss Case With Prejudice by Vitality FoodServices, Inc.. (Shaughnessy, Kevin)
October 26, 2017 Opinion or Order Filing 66 ORDER: This cause is hereby DISMISSED without prejudice and subject to the right of the parties, within sixty (60) days of the date of this order, to submit a stipulated form of final order or judgment should they so choose or for any party to move to reopen the action, upon good cause shown. After that 60-day period, however, dismissal shall be with prejudice. All pending motions, if any, are DENIED as moot. The Clerk is directed to close the file. Signed by Judge James S. Moody, Jr. on 10/26/2017. (AD)
October 26, 2017 Filing 65 NOTICE canceling Motion Hearing re #46 plaintiff's motion to compel, #47 plaintiff's motion for protective order scheduled for 10/30/2017. (DMS)
October 25, 2017 Filing 64 NOTICE of settlement by Vitality FoodServices, Inc. (Shaughnessy, Kevin)
October 23, 2017 Opinion or Order Filing 63 ORDER granting #62 Motion for Extension of Time until October 26, 2017, to File Response. Signed by Magistrate Judge Thomas G. Wilson on 10/23/2017. (Wilson, Thomas)
October 20, 2017 Filing 62 Unopposed MOTION for Extension of Time to File Response/Reply as to #58 MOTION to Compel Plaintiff's deposition and MOTION for Extension of Time to Complete Discovery by Whitney Zuccola. (Groedel, Caryn) Motions referred to Magistrate Judge Thomas G. Wilson.
October 18, 2017 Filing 61 NOTICE of mediation conference/hearing to be held on December 6, 2017, at 10:00 a.m. before James G. Brown. (Shaughnessy, Kevin)
October 11, 2017 Opinion or Order Filing 60 ENDORSED ORDER granting request #59 to file a Notice of Scheduled Mediation by October 18, 2017. Signed by Judge James S. Moody, Jr. on 10/11/2017. (LN)
October 6, 2017 Filing 59 NOTICE of mediation conference/hearing to be held on before James L. Nulman. (Lewis, Jordan)
October 6, 2017 Filing 58 MOTION to Compel Plaintiff's deposition and, MOTION for Extension of Time to Complete Discovery by Vitality FoodServices, Inc.. (Attachments: #1 Exhibit A - Email dated May 23, 2017, #2 Exhibit B - Deposition Notice and Email, #3 Exhibit C - Email dated August 11, 2017)(Shaughnessy, Kevin) Motions referred to Magistrate Judge Thomas G. Wilson.
October 5, 2017 Filing 57 NOTICE OF RESCHEDULING HEARING: The Motion Hearing previously scheduled for 10/19/2017 is rescheduled. New scheduling date and time: Motion Hearing in re #46 Plaintiff's Motion to Compel, Request for Sanctions, and Motion to Enlarge All Deadlines; and #47 Plaintiff's Motion for Protective Order set for 10/30/2017 at 02:30 PM in Tampa Courtroom 12A before Magistrate Judge Thomas G. Wilson. (DMS)
October 5, 2017 Opinion or Order Filing 56 ORDER granting #55 defendant's Unopposed Motion to Move the Hearing Scheduled for October 19, 2017, to the extent that the hearing will be rescheduled for October 30, 2017, at 2:30 p.m. Signed by Magistrate Judge Thomas G. Wilson on 10/5/2017. (DMS)
October 4, 2017 Filing 55 Unopposed MOTION to move the hearing scheduled for October 19, 2017 by Vitality FoodServices, Inc.. (Shaughnessy, Kevin) Modified relief and text on 10/5/2017 (KMM).
October 2, 2017 Filing 54 NOTICE of hearing on motion re #46 MOTION to Compel Answers to Interrogatories and Responses to Requests for Production of Documents, #47 MOTION for protective order. Motion Hearing set for 10/19/2017 at 2:30 PM in Tampa Courtroom 12 A before Magistrate Judge Thomas G. Wilson. (CCS)
September 25, 2017 Filing 53 RESPONSE in Opposition re #46 MOTION to Compel Answers to Interrogatories and Responses to Requests for Production of Documents filed by Vitality FoodServices, Inc.. (Shaughnessy, Kevin)
September 22, 2017 Filing 52 RESPONSE in Opposition re #47 MOTION for protective order filed by Vitality FoodServices, Inc.. (Attachments: #1 Exhibit A - Emails between opposing counsel regarding Plaintiff's discovery and Protective Order, #2 Exhibit B - Email dated May 26, 2017, from Plaintiff's counsel, #3 Exhibit C - Letter from Ms. Groedel dated June 2, 2017, #4 Exhibit D - Email from Plaintiff's counsel dated July 6, 2017, providing the revised Protective Order, #5 Exhibit E - Email from Plaintiff's counsel dated July 13, 2017, #6 Exhibit F - Email from Defendant's counsel providing supplemental interrogatory answers including references to certain documents produced, #7 Exhibit G - Deposition Notice and email from Defendant, #8 Exhibit H - Email from Defendant's counsel dated August 11, 2017.)(Shaughnessy, Kevin)
September 19, 2017 Opinion or Order Filing 51 ENDORSED ORDER: Within ten (10) days, the parties are directed to confer and file a Notice of Scheduled Mediation before Mediator James L. Nulman. Mediation to be conducted on or before December 15, 2017. Signed by Judge James S. Moody, Jr. on 9/19/2017. (LN)
September 18, 2017 Filing 50 CORRECTED NOTICE OF SELECTION of Court Appointed Magistrate or Jim Nulman, Esq., of Nulman Mediation Services, Inc., as mediator by Whitney Zuccola. (Lewis, Jordan) Modified text on 9/18/2017 (KMM).
September 14, 2017 Filing 49 NOTICE OF SELECTION of Magistrate Wilson as mediator by Whitney Zuccola. (Lewis, Jordan)
September 13, 2017 Opinion or Order Filing 48 ORDER staying deposition of plaintiff scheduled for 9/14/2017 pending resolution of #47 Plaintiff's Motion for Protective Order. Signed by Magistrate Judge Thomas G. Wilson on 9/13/2017. (DMS)
September 12, 2017 Filing 47 MOTION for protective order by Whitney Zuccola. (Attachments: #1 Exhibit State Court Docket, #2 Exhibit Defendant's Objections and Responses to Plaintiff's Requests for Admissions, #3 Exhibit Defendant's Answers to Plaintiff's Interrogatories, #4 Exhibit Defendant's Responses to Plaintiff's Requests for Production of Documents, #5 Exhibit Defendant's Amended Answers to Plaintiff's Request for Admissions, #6 Exhibit Plaintiff 6/20/2017 letter, #7 Exhibit Defendant 7/13/2017 email, #8 Exhibit Defendant 7/20/2017 letter, #9 Exhibit Plaintiff 8/18/2017 email, #10 Exhibit Plaintiff 8/21/2017 email, #11 Exhibit Plaintiff 8/22/2017 email, #12 Exhibit Plaintiff 8/24/2017 letter, #13 Exhibit Defendant 8/30/2017 letter, #14 Exhibit Plaintiff 9/1/2017 letter, #15 Exhibit Plaintiff 9/1/2017 email, #16 Exhibit Defendant 9/5/2017 letter, #17 Exhibit Defendant 9/5/2017 letter, #18 Exhibit Plaintiff 9/6/2017 letter)(Lewis, Jordan) Motions referred to Magistrate Judge Thomas G. Wilson.
September 11, 2017 Filing 46 MOTION to Compel Answers to Interrogatories and Responses to Requests for Production of Documents by Whitney Zuccola. (Attachments: #1 Exhibit Plaintiff's First Set of Discovery Requests, #2 Exhibit Defendant's Objections and Responses to Plaintiff's Requests for Admission, #3 Exhibit Defendant's Answers to Plaintiff's Interrogatories, #4 Exhibit Defendant's Responses to Plaintiff's Requests for Production of Documents, #5 Exhibit Defendant's Amended Answers to Plaintiff's Requests for Admissions, #6 Exhibit Groedel 6/20/2017 letter, #7 Exhibit Defense counsel 7/13/2017 email, #8 Exhibit Defense counsel 7/17/2017 letter, #9 Exhibit Plaintiff's counsel 8/18/2017 email, #10 Exhibit Plaintiff's counsel 8/21/2017 email, #11 Exhibit Plaintiff's counsel 8/24/2017 letter, #12 Exhibit Defense counsel 8/30/2017 letter, #13 Exhibit Plaintiff's counsel 9/1/2017 letter, #14 Exhibit Plaintiff's counsel 9/1/2017 email, #15 Exhibit Defense counsel 9/5/2017 letter)(Lewis, Jordan) Motions referred to Magistrate Judge Thomas G. Wilson.
August 11, 2017 Opinion or Order Filing 45 ORDER referring case to mediation and directing selection of a mediator on or before 9/8/2017. Mediation shall be conducted on or before 12/15/2017. Signed by Judge James S. Moody, Jr. on 8/11/2017. (LN)
July 20, 2017 Opinion or Order Filing 44 ORDER granting in part and denying in part #39 Defendant's Amended Motion to Compel Discovery. Signed by Magistrate Judge Thomas G. Wilson on 7/20/2017. (DMS)
July 20, 2017 Filing 42 Minute Entry. Proceedings held before Magistrate Judge Thomas G. Wilson: MOTION HEARING held on 7/20/2017 re #39 MOTION to Compel Discovery filed by Vitality FoodServices, Inc. (DIGITAL) (DMS)
July 6, 2017 Filing 41 NOTICE of hearing on motion re #39 MOTION to Compel Discovery.Motion Hearing set for 7/20/2017 at 2:30 PM in Tampa Courtroom 12 A before Magistrate Judge Thomas G. Wilson. (CCS)
June 28, 2017 Filing 40 MEMORANDUM in opposition re #39 Motion to Compel filed by Whitney Zuccola. (Attachments: #1 Exhibit Plaintiff's Answers To Interrogatories, #2 Exhibit Plaintiff's Responses To Requests For Production Of Documents, #3 Exhibit Plaintiff 4/3/2017 Correspondence, #4 Exhibit Plaintiff 4/5/2017 Correspondence, #5 Exhibit Plaintiff 5/3/2017 Correspondence, #6 Exhibit Plaintiff Supplemental Discovery Responses)(Lewis, Jordan)
June 14, 2017 Filing 39 AMENDED MOTION to Compel Discovery by Vitality FoodServices, Inc.. (Shaughnessy, Kevin) Motions referred to Magistrate Judge Thomas G. Wilson. Modified text on 6/15/2017 (KMM).
June 13, 2017 Opinion or Order Filing 38 ORDER denying without prejudice #37 Defendant's Motion to Compel Discovery. Signed by Magistrate Judge Thomas G. Wilson on 6/13/2017. (DMS)
June 12, 2017 Filing 37 MOTION to Compel Discovery by Vitality FoodServices, Inc.. (Attachments: #1 Exhibit A - Defendant's Interrogatories and Plaintiff's objections and responses, #2 Exhibit B - Defendant's Request and Plaintiff's objections and responses)(Shaughnessy, Kevin) Motions referred to Magistrate Judge Thomas G. Wilson.
April 21, 2017 Opinion or Order Filing 36 ENDORSED ORDER granting #35 Motion to Withdraw as Attorney. Attorney Shawn A. Romer terminated. Signed by Judge James S. Moody, Jr. on 4/21/2017. (LN)
April 20, 2017 Filing 35 MOTION for Shawn A. Romer to withdraw as attorney for Plaintiff by Whitney Zuccola. (Romer, Shawn) Motions referred to Magistrate Judge Thomas G. Wilson.
February 28, 2017 Opinion or Order Filing 34 ENDORSED ORDER terminating #31 Motion to extend time. Terminated pursuant to Notice of Withdrawal filed at #33. Signed by Judge James S. Moody, Jr. on 2/28/2017. (LN)
February 27, 2017 Filing 33 NOTICE of withdrawal of motion by Vitality FoodServices, Inc. re #31 MOTION to extend time to respond to Plaintiff's Discovery (with incorporated memorandum of law) filed by Vitality FoodServices, Inc. (Shaughnessy, Kevin)
February 24, 2017 Opinion or Order Filing 32 ENDORSED ORDER: Plaintiff is directed to file a response to #31 Defendant's Motion to Extend Time on or before March 1, 2017. Signed by Judge James S. Moody, Jr. on 2/24/2017. (LN)
February 23, 2017 Filing 31 *** WITHDRAWN per DE# 33 *** MOTION to extend time to respond to Plaintiff's Discovery (with incorporated memorandum of law) by Vitality FoodServices, Inc.. (Attachments: #1 Exhibit 1 - Plaintiff's Initial Discovery)(Shaughnessy, Kevin) Modified text on 2/28/2017 (KMM).
February 14, 2017 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Shawn Romer, appearing on behalf of (Filing fee $150 receipt number Orl609752.) (JP)
February 10, 2017 Opinion or Order Filing 30 ENDORSED ORDER granting #29 Motion to Withdraw Attorneys Tiffany Fischbach and Matthew Grimsley. Signed by Judge James S. Moody, Jr. on 2/10/2017. (AD)
February 9, 2017 Filing 29 MOTION to Withdraw Tiffany Fischbach and Matthew Grimsley as Counsel by Whitney Zuccola. (Groedel, Caryn) Modified relief and text on 2/9/2017 (KMM).
February 6, 2017 Opinion or Order Filing 28 ORDER granting #27 plaintiff's Motion for Admission Pro Hac Vice By Out-of-State Counsel Shawn A. Romer upon submission of the application and filing fee. Signed by Magistrate Judge Thomas G. Wilson on 2/6/2017. (DMS)
February 3, 2017 Filing 27 MOTION for Shawn A. Romer to appear pro hac vice by All Plaintiffs. (Lewis, Jordan) Motions referred to Magistrate Judge Thomas G. Wilson.
February 3, 2017 Filing 26 SECOND NOTICE to counsel of Local Rule 2.02 (signed by deputy clerk). (KMM)
February 3, 2017 Filing 25 SECOND NOTICE to counsel of Local Rule 2.02 (signed by deputy clerk). (KMM)
January 26, 2017 Opinion or Order Filing 24 ORDER granting #22 Motion to Withdraw as Attorney. Attorney Sarah Honig Khouri terminated. Signed by Magistrate Judge Thomas G. Wilson on 1/26/2017. (DMS)
January 26, 2017 Opinion or Order Filing 23 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 10/6/2017, Dispositive motions due by 11/6/2017, Pretrial Conference set for TUESDAY, FEBRUARY 6, 2018 at 9:15 AM in Tampa Courtroom 17 before Judge James S. Moody Jr., Jury Trial set for MARCH 2018 trial term in Tampa Courtroom 17 before Judge James S. Moody Jr. Signed by Judge James S. Moody, Jr. on 1/26/2017. (AD)
January 25, 2017 Filing 22 MOTION for Sarah Honig Khouri to withdraw as attorney by Whitney Zuccola. (Lewis, Jordan) Motions referred to Magistrate Judge Thomas G. Wilson.
January 24, 2017 Filing 21 CASE MANAGEMENT REPORT. (Shaughnessy, Kevin)
January 10, 2017 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Caryn M. Groedel, appearing on behalf of (Filing fee $150 receipt number ORL-59903.) Related document: #16 MOTION for Caryn M. Groedel to appear pro hac vice. (SWT)
January 10, 2017 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Sarah Honig Khouri, appearing on behalf of Whitney Zuccola (Filing fee $150 receipt number ORL-59902.) Related document: #17 MOTION for Sarah Honig Khouri to appear pro hac vice. (SWT)
January 6, 2017 Filing 20 NOTICE of pendency of related cases re #10 Related case order and track 2 notice per Local Rule 1.04(d) by Vitality FoodServices, Inc.. Related case(s): n (Shaughnessy, Kevin)
January 6, 2017 Filing 19 CERTIFICATE of interested persons and corporate disclosure statement by Vitality FoodServices, Inc. identifying Corporate Parent Nestle USA, Inc., Corporate Parent Vitality FoodServices, Inc., Corporate Parent Nestle Holdings, Inc., Corporate Parent NIMCO US, Inc. for Vitality FoodServices, Inc... (Shaughnessy, Kevin)
January 4, 2017 Opinion or Order Filing 18 ORDER granting #16 plaintiff's motion for Caryn M. Groedel to appear pro hac vice; granting #17 plaintiff's motion for Sarah Honig Khouri to appear pro hac vice upon submission of application and admission fee. Signed by Magistrate Judge Thomas G. Wilson on 1/4/2017. (DMS)
January 3, 2017 Filing 17 MOTION for Sarah Honig Khouri to appear pro hac vice by Whitney Zuccola. (Lewis, Jordan) Motions referred to Magistrate Judge Thomas G. Wilson.
January 3, 2017 Filing 16 MOTION for Caryn M. Groedel to appear pro hac vice by Whitney Zuccola. (Lewis, Jordan) Motions referred to Magistrate Judge Thomas G. Wilson.
December 20, 2016 Opinion or Order Filing 15 ORDER granting #13 motion for Gregory V. Mersol to appear pro hac vice; granting #14 motion for Gilbert P. Brosky to appear pro hac vice. Signed by Magistrate Judge Thomas G. Wilson on 12/20/2016. (DMS)
December 15, 2016 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Gregory V. Mersol, appearing on behalf of Vitality FoodServices, Inc. (Filing fee $150 receipt number TPA040747) Related document: #13 MOTION for Gregory V. Mersol to appear pro hac vice. (AG)
December 15, 2016 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Gilbert P. Brosky, appearing on behalf of Vitality FoodServices, Inc. (Filing fee $150 receipt number TPA040747) Related document: #14 MOTION for Gilbert P. Brosky to appear pro hac vice. (AG)
December 15, 2016 Filing 14 MOTION for Gilbert P. Brosky to appear pro hac vice by Vitality FoodServices, Inc.. (Shaughnessy, Kevin) Motions referred to Magistrate Judge Thomas G. Wilson.
December 15, 2016 Filing 13 MOTION for Gregory V. Mersol to appear pro hac vice by Vitality FoodServices, Inc.. (Shaughnessy, Kevin) Motions referred to Magistrate Judge Thomas G. Wilson.
December 13, 2016 Filing 12 NOTICE of pendency of related cases re #10 Related case order and track 2 notice per Local Rule 1.04(d) by Whitney Zuccola. Related case(s): No. (Lewis, Jordan)
December 13, 2016 Filing 11 NOTICE of Appearance by Jordan Matthew Lewis on behalf of Whitney Zuccola (Lewis, Jordan)
December 2, 2016 Filing 10 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Issued by Deputy Clerk on 12/2/2016. (AD)
December 1, 2016 Filing 9 NOTICE to counsel Matthew S. Grimsley, Tiffany C. Fischbach, Sarah Honig Khouri, Gregory V. Mersol, and Gilbert P. Brosky of Local Rule 2.02 (signed by deputy clerk). (JNB)
December 1, 2016 Filing 8 NOTICE to counsel of new case number and judge assignment 8:16-cv-3297-T-30TGW(signed by deputy clerk). (JNB)
December 1, 2016 Filing 7 Case transferred in from District of Ohio Northern; Case Number 1:16-cv-02485. File received electronically
November 30, 2016 Opinion or Order Filing 6 Order granting #5 Motion to change/transfer venue filed by Vitality Foodservice, Inc., pursuant to 28 U.S.C. 1404(a), in the interest of justice and convenience of the parties. This case is transferred to the Middle District of FLorida. Signed by Judge Solomon Oliver, Jr on 11/30/2016. (D,M) [Transferred from ohnd on 12/1/2016.]
October 18, 2016 Filing 5 Motion to change/transfer venue filed by Defendant Vitality Foodservice, Inc.. (Attachments: #1 Brief in Support, #2 Affidavit)(Brosky, Gilbert) [Transferred from ohnd on 12/1/2016.]
October 18, 2016 Filing 4 Answer to #1 Complaint filed by Vitality Foodservice, Inc.. (Brosky, Gilbert) Modified to add link on 10/19/2016 (W,CM). [Transferred from ohnd on 12/1/2016.]
October 11, 2016 Filing 3 Magistrate Consent Form issued. (W,Jo) [Transferred from ohnd on 12/1/2016.]
October 11, 2016 Filing 2 Corporate Disclosure Statement identifying Corporate Parent Nestle USA Inc. for Vitality Foodservice, Inc. filed by Vitality Foodservice, Inc.. (Brosky, Gilbert) [Transferred from ohnd on 12/1/2016.]
October 11, 2016 Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV-16-868718 with jury demand, Filing fee paid $ 400, receipt number 0647-7844668. Filed by Vitality Foodservice, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons and Complaint) (Brosky, Gilbert) [Transferred from ohnd on 12/1/2016.]
October 11, 2016 Judge Solomon Oliver, Jr assigned to case. (W,Jo) [Transferred from ohnd on 12/1/2016.]
October 11, 2016 Notice to Attorney Sarah M. Honig. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s)#1. (G,CA) [Transferred from ohnd on 12/1/2016.]
October 11, 2016 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (W,Jo) [Transferred from ohnd on 12/1/2016.]

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Search for this case: Zuccola v. Vitality Foodservice, Inc.
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Plaintiff: Zuccola
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Plaintiff: Whitney Zuccola
Represented By: Sarah Honig Khouri
Represented By: Caryn M. Groedel
Represented By: Jordan Matthew Lewis
Represented By: Shawn A. Romer
Represented By: Tiffany C. Fischbach
Represented By: Matthew S. Grimsley
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Defendant: Vitality Foodservice, Inc.
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Defendant: Vitality FoodServices, Inc.
Represented By: Gilbert P. Brosky
Represented By: Gregory V. Mersol
Represented By: Kevin W. Shaughnessy
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Interested party: Caryn Groedel
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Interested party: Baker and Hostetler
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