In RE: Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings
Plaintiff: Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings
Case Number: 1:2017cv21459
Filed: April 19, 2017
Court: US District Court for the Southern District of Florida
Presiding Judge: Marcia G Cooke
Referring Judge: Jonathan Goodman
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1782
Jury Demanded By: None
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This docket was last retrieved on September 10, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 10, 2019 Opinion or Order Filing 58 ENDORSED ORDER. This matter is administratively CLOSED per #55 Order Adopting Magistrate Judge's Report and Recommendations. Signed by Judge Marcia G. Cooke on 9/10/2019. (chd)
December 21, 2018 Attorney Daniel Arthur Casey terminated per DE #57 Notice of Substitution of Counsel. (kpe)
December 21, 2018 Filing 57 NOTICE/STIPULATION of Substitution of Counsel by Jeffrey T. Kucera on behalf of Replay Resorts, Inc. instead of prior counsel of record Daniel A. Casey. . Attorney Jeffrey T. Kucera added to party Replay Resorts, Inc.(pty:ip). (Kucera, Jeffrey)
December 17, 2018 Filing 56 NOTICE of Compliance by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings. Attorney Niva Maria Harney added to party Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings(pty:inre). (Harney, Niva)
August 24, 2018 Opinion or Order Filing 55 ORDER Adopting #50 Report and Recommendations. Signed by Judge Marcia G. Cooke on 8/24/2018. See attached document for full details. (chd)
July 26, 2018 Opinion or Order Filing 54 ORDER Denying #51 Motion for Clarification. Signed by Magistrate Judge Jonathan Goodman on 7/26/2018. See attached document for full details. (jdo)
July 24, 2018 Filing 53 RESPONSE in Opposition re #51 MOTION for clarification #50 REPORT AND RECOMMENDATIONS re #8 MOTION to Quash SUBPOENA AND/OR FOR PROTECTIVE ORDER filed by Jean-Pierre Shoul, #9 MOTION to Quash Subpoena Duces Tecum, Motion for Protective Order and Incorporate filed by Replay Resorts, Inc.. Replies due by 7/31/2018. (Casey, Daniel)
July 17, 2018 Opinion or Order Filing 52 ENDORSED ORDER requiring Replay Resorts to file a response to the #51 motion for clarification of no more than two double-spaced pages, excluding signature block and certificate of service, by July 24, 2018. No reply is allowed absent further, specific court order. Signed by Magistrate Judge Jonathan Goodman on 7/17/2018. (jdo)
July 16, 2018 Filing 51 MOTION for clarification #50 REPORT AND RECOMMENDATIONS re #8 MOTION to Quash SUBPOENA AND/OR FOR PROTECTIVE ORDER filed by Jean-Pierre Shoul, #9 MOTION to Quash Subpoena Duces Tecum, Motion for Protective Order and Incorporated Memorandum of Law filed by Regarding Transactions Between Replay and the Antiguan Government by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings. Responses due by 7/30/2018 (Attachments: #1 Text of Proposed Order Proposed Order)(Vitale, Michael)
July 2, 2018 Opinion or Order Filing 50 Omnibus REPORT AND RECOMMENDATIONS on #7 #8 #9 Motions to Intervene, Vacate, Quash Subpoenas, and for Protective Order. Objections to R&R due by 7/16/2018. Signed by Magistrate Judge Jonathan Goodman on 7/2/2018. (jdo)
May 29, 2018 Filing 49 NOTICE of Attorney Appearance by Niva Maria Harney on behalf of Jean-Pierre Shoul (Harney, Niva)
May 29, 2018 Filing 48 NOTICE by Replay Resorts, Inc. re #42 Order Replay Resorts, Inc.'s Proposed Report and Recommendations (Attachments: #1 Appendix Schedule A) (Casey, Daniel)
May 29, 2018 Filing 47 NOTICE by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings re #42 Order of filing proposed reports and recommendations (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Vitale, Michael)
May 29, 2018 Filing 46 NOTICE by Jean-Pierre Shoul NOTICE OF FILING (Attachments: #1 Report and Recommendation on Non-Party, Jean-Pierre Shoul's Motion to Quash Subpoena and/or for Protective Order) (Harney, Niva)
May 29, 2018 Filing 45 NOTICE by Norton Consulting, Inc. re #42 Order Proposed Report and Recommendation. Attorney Jens Christian Ruiz added to party Norton Consulting, Inc.(pty:mov). (Attachments: #1 Text of Proposed Order Text of Norton Consulting, Inc's Report and Recommendation) (Ruiz, Jens)
May 22, 2018 Filing 44 TRANSCRIPT of discovery hearing held on 5-15-2018 before Magistrate Judge Jonathan Goodman, 1-64 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/12/2018. Redacted Transcript Deadline set for 6/22/2018. Release of Transcript Restriction set for 8/20/2018. (dwh)
May 21, 2018 Filing 43 NOTICE of Attorney Appearance by Jonathan Brandon Newberg on behalf of OBM Miami, Inc.. Attorney Jonathan Brandon Newberg added to party OBM Miami, Inc.(pty:ip). (Newberg, Jonathan)
May 16, 2018 Opinion or Order Filing 42 Post-Hearing Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 5/16/2018. (jdo)
May 15, 2018 Filing 41 NOTICE of Attorney Appearance by Stephen Allan McGuinness on behalf of Replay Resorts, Inc.. Attorney Stephen Allan McGuinness added to party Replay Resorts, Inc.(pty:ip). (McGuinness, Stephen)
May 15, 2018 Filing 40 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 5/15/2018. re #8 MOTION to Quash SUBPOENA AND/OR FOR PROTECTIVE ORDER filed by Jean-Pierre Shoul, #9 MOTION to Quash Subpoena Duces Tecum, Motion for Protective Order and Incorporated Memorandum of Law filed by Norton Consulting, Inc., #7 MOTION to Intervene , To Vacate April 20, 2017 Order Granting 28 U.S.C. Section 1782 Application, and to Quash Subpoenas or Grant Protective Order filed by Replay Resorts, Inc. Order to follow. Total time in court: 1 hour(s) : 45 minutes. Attorney Appearance(s): Paul M. Levine, Daniel Arthur Casey, Steven McGuiness, Jens Ruiz, Krista Fowler Acuna, Jonathan Newberg. (Digital 13:56:27) (ra)
May 11, 2018 SYSTEM ENTRY - Docket Entry 39 [misc] restricted/sealed until further notice. (1119135)
May 11, 2018 SYSTEM ENTRY - Docket Entry 38 [misc] restricted/sealed until further notice. (520485)
May 1, 2018 Opinion or Order Filing 37 Order directing the Clerk of Court to re-designate this matter as a contested civil case for statistical purposes Signed by Judge Marcia G. Cooke on 5/1/2018. (tm)
April 27, 2018 Opinion or Order Filing 36 ENDORSED ORDER granting #35 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Paul M. Levine. Signed by Magistrate Judge Jonathan Goodman on 4/27/2018. (jdo)
April 27, 2018 Filing 35 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Paul M. Levine. Filing Fee $ 75.00 Receipt # 113C-10607602 by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings. Responses due by 5/11/2018 (Attachments: #1 Text of Proposed Order)(Vitale, Michael)
April 26, 2018 Filing 34 RESPONSE to #30 Status Report by Replay Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Casey, Daniel)
April 24, 2018 Opinion or Order Filing 33 ENDORSED ORDER regarding the omnibus hearing set for May 15, 2018.By May 11, 2018, the Undersigned is offering the parties the opportunity to file under-seal five specific questions per side that they would like the Undersigned to ask opposing counsel at the hearing. The questions may be about the factual record, the law, the exhibits, the arguments raised in the briefing or any other issue relevant to the Undersigned's analysis of the pending motions. To the extent that the questions (which should be precise and pinpoint) concern exhibits, the parties may attach relevant exhibits to the list of questions. However, the parties should not indiscriminately file massive numbers of exhibits, nor should they file exhibits which run on for dozens of pages. Although the Undersigned will carefully review all questions submitted, the mere fact that a party submitted a question does not necessarily mean that the Undersigned will in fact ask that specific question (or any of the questions, for that matter). The Undersigned may ask a question, may modify a question, may combine the question with another or may decide to skip the question entirely. The Undersigned emphasizes that the submission of questions is optional, not mandatory. Again, if the parties opt to submit questions, then they must be filed under seal on CM/ECF by Friday, May 11, 2018. In addition, if a party decides to take advantage of this opportunity, then that party shall also submit a courtesy copy of the under-seal questions (and related exhibits) to the Undersigned's chambers by the same deadline. The courtesy copy must be hand delivered. The questions and exhibits need not be served on opposing counsel, however. Signed by Magistrate Judge Jonathan Goodman on 4/24/2018. (jdo)
April 20, 2018 Filing 32 SUPPLEMENT to #30 Status Report Amendment to Status Report by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings (Vitale, Michael)
April 16, 2018 Filing 31 AFFIDAVIT signed by : Paul M. Levine. re #30 Status Report Declaration of Paul M. Levine by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Vitale, Michael)
April 16, 2018 Filing 30 STATUS REPORT by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings (Vitale, Michael)
April 10, 2018 Opinion or Order Filing 29 ENDORSED ORDER requiring Petitioner HMB Holdings, Ltd. to file a status report by April 16, 2018, explaining about developments in the Canadian Proceeding and the one in Antigua and Barbados. The Undersigned is especially interested in any rulings on discovery and orders scheduling the proceedings for a trial, evidentiary hearing or hearing, and any statements from the Canadian Court or the Antigua and Barbados Court about their willingness to review materials obtained from subpoenas issued by this Court pursuant to 28 U.S.C. 1782. If any proposed intervenor takes issue with the information in the status report or wishes to supplement it, then that proposed intervenor may file a response to the status report by April 27. To the extent possible, the status report and any response to it should include copies of relevant documents supporting the representations and explanations. By way of example, if the Canadian Court issued a written order scheduling a trial or hearing, then a copy of that order should be filed as an accompanying exhibit.The Undersigned will hold an omnibus hearing on the #7 motion to intervene and the two #8 #9 motions to quash on 5/15/2018 at 02:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 4/10/2018. (jdo)
April 10, 2018 Reset Deadlines Per DE#29. Status Report due by 4/16/2018. (cqs)
February 6, 2018 Filing 28 Notification of Ninety Days Expiring by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings re #9 MOTION to Quash Subpoena Duces Tecum, Motion for Protective Order and Incorporated Memorandum of Law filed by Norton Consulting, Inc., #7 MOTION to Intervene , To Vacate April 20, 2017 Order Granting 28 U.S.C. Section 1782 Application, and to Quash Subpoenas or Grant Protective Order filed by Replay Resorts, Inc., #8 MOTION to Quash SUBPOENA AND/OR FOR PROTECTIVE ORDER filed by Jean-Pierre Shoul (Vitale, Michael)
July 6, 2017 Opinion or Order Filing 27 ENDORSED ORDER denying as moot #19 Applicant's Motion for Leave to File Sur-reply, given the disclosure made in #26 Applicant's Notice. Signed by Magistrate Judge Jonathan Goodman on 7/6/2017. (jdo)
July 5, 2017 Filing 26 NOTICE by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings re #19 MOTION for Leave to File Surreply to Shoul's Motion to Quash (Vitale, Michael)
June 27, 2017 Filing 25 RESPONSE in Opposition re #19 MOTION for Leave to File Surreply to Shoul's Motion to Quash filed by Jean-Pierre Shoul. Replies due by 7/5/2017. (Attachments: #1 Exhibit follow up email)(Hamilton, Jerry)
June 14, 2017 Filing 24 REPLY to Response to Motion re #9 MOTION to Quash Subpoena Duces Tecum, Motion for Protective Order and Incorporated Memorandum of Law in Support of its Motion to Quash filed by Norton Consulting, Inc.. (Nowak, Dennis)
June 13, 2017 Opinion or Order Filing 23 ENDORSED ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman pursuant to 28 U.S.C. 636(b)(1)(A)-(B) and Administrative Order 2003-19 for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge Marcia G. Cooke on 6/13/2017. (ecz)
June 13, 2017 Opinion or Order Filing 22 ENDORSED ORDER REOPENING CASE. Signed by Judge Marcia G. Cooke on 6/13/2017. (ecz)
June 13, 2017 Filing 21 Clerks Notice to Filer re #18 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#20]. It is not necessary to refile this document. (lk)
June 13, 2017 Filing 19 MOTION for Leave to File Surreply to Shoul's Motion to Quash by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings. (Attachments: #1 Exhibit Proposed Surreply)(Sowell, Robert)
June 12, 2017 Filing 20 Supplemental AFFIDAVIT signed by: Jean Pierre re #16 Reply to Response to Motion, by Jean-Pierre Shoul. See image at DE #18 . (lk)
June 12, 2017 Filing 18 NOTICE by Jean-Pierre Shoul re #16 Reply to Response to Motion, supplemental declaration (Harney, Niva)
June 12, 2017 Filing 17 NOTICE of Attorney Appearance by Robert Douglas Sowell on behalf of Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings. Attorney Robert Douglas Sowell added to party Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings(pty:inre). (Sowell, Robert)
June 9, 2017 Filing 16 REPLY to Response to Motion re #8 MOTION to Quash SUBPOENA AND/OR FOR PROTECTIVE ORDER filed by Jean-Pierre Shoul. Attorney Niva Maria Harney added to party Jean-Pierre Shoul(pty:ip). (Attachments: #1 Exhibit A)(Harney, Niva)
June 9, 2017 Filing 15 RESPONSE in Opposition re #9 MOTION to Quash Subpoena Duces Tecum, Motion for Protective Order and Incorporated Memorandum of Law filed by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings. Replies due by 6/16/2017. (Attachments: #1 Affidavit Declaration of Michael S. Vitale)(Vitale, Michael)
June 8, 2017 Filing 14 REPLY to Response to Motion re #7 MOTION to Intervene , To Vacate April 20, 2017 Order Granting 28 U.S.C. Section 1782 Application, and to Quash Subpoenas or Grant Protective Order filed by Replay Resorts, Inc.. (Attachments: #1 Exhibit A)(Casey, Daniel)
June 2, 2017 Filing 13 RESPONSE in Opposition re #8 MOTION to Quash SUBPOENA AND/OR FOR PROTECTIVE ORDER filed by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings. Replies due by 6/9/2017. (Attachments: #1 Exhibit 1 - Declaration of Natalia Querard, #2 Exhibit 2 - Declaration of Michael S. Vitale, #3 Exhibit A - to Declaration of Michael S. Vitale, #4 Exhibit B - to Declaration of Michael S. Vitale)(Vitale, Michael)
June 2, 2017 Filing 12 AFFIDAVIT signed by : Declaration of Lincoln Caylor. re #10 Response in Opposition to Motion, by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Vitale, Michael)
June 1, 2017 Filing 11 AFFIDAVIT signed by : Declaration of Lincoln Caylor. re #10 Response in Opposition to Motion, by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Vitale, Michael)
June 1, 2017 Filing 10 RESPONSE in Opposition re #7 MOTION to Intervene , To Vacate April 20, 2017 Order Granting 28 U.S.C. Section 1782 Application, and to Quash Subpoenas or Grant Protective Order filed by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings. Replies due by 6/8/2017. (Vitale, Michael)
May 26, 2017 Filing 9 MOTION to Quash Subpoena Duces Tecum, Motion for Protective Order and Incorporated Memorandum of Law by Norton Consulting, Inc.. Attorney Dennis A. Nowak added to party Norton Consulting, Inc.(pty:mov). (Attachments: #1 Exhibit A)(Nowak, Dennis)
May 19, 2017 Filing 8 MOTION to Quash SUBPOENA AND/OR FOR PROTECTIVE ORDER by Jean-Pierre Shoul. Attorney Jerry Dean Hamilton added to party Jean-Pierre Shoul(pty:ip). (Hamilton, Jerry)
May 18, 2017 Filing 7 MOTION to Intervene , To Vacate April 20, 2017 Order Granting 28 U.S.C. Section 1782 Application, and to Quash Subpoenas or Grant Protective Order by Replay Resorts, Inc.. Attorney Daniel Arthur Casey added to party Replay Resorts, Inc.(pty:ip). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Casey, Daniel)
April 20, 2017 Opinion or Order Filing 6 Order directing the Clerk of Court to close this matter for statistical purposes Closing Case. Signed by Judge Marcia G. Cooke on 4/20/2017. (tm) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
April 20, 2017 Opinion or Order Filing 5 ORDER granting #1 Application for Judicial Assistance/Letter Rogatory, filed by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings Signed by Judge Marcia G. Cooke on 4/20/2017. (tm)
April 20, 2017 Filing 4 AFFIDAVIT signed by : Paul M. Levine. re #1 Application for Judicial Assistance/Letter Rogatory, by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Vitale, Michael)
April 20, 2017 Filing 3 Statement of: Memorandum of Law in Support of H.M.B. Holdings Limited's Application for an Order to Conduct Discovery for Use in Foreign Proceedings Pursuant to 28 USC 1782 by Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings re #1 Application for Judicial Assistance/Letter Rogatory, (Vitale, Michael)
April 19, 2017 Filing 2 Judge Assignment to Judge Marcia G. Cooke (rms1)
April 19, 2017 Filing 1 APPLICATION for Judicial Assistance for An Order Pursuant to USC 1782 to Conduct Discovery for Use in Foreign Proceedings for An Order Pursuant to USC 1782 to Conduct Discovery for Use in Foreign Proceedings. Filing fee $ 47.00 receipt number 113C-9664474, filed by H.M.B. Holdings, Ltd.. (Attachments: #1 Text of Proposed Order Exhibit A, #2 Exhibit Exhibit B - Subpoenas)(Vitale, Michael)

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Plaintiff: Application of H.M.B. LIMITED Pursuant to 28 U.S.C. 1782 to conduct Discovery for Use in Foreign Proceedings
Represented By: Paul M. Levine
Represented By: Michael S. Vitale
Represented By: Niva Maria Harney
Represented By: Robert Douglas Sowell
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