Monroe, Sr. v. DELPHI BEHAVIORAL HEALTH GROUP, LLC et al
| SL Monroe, Sr. |
| PALM BEACH RECOVERY, LLC, Dominic Sirianni, DELPHI BEHAVIORAL HEALTH GROUP, LLC and DELPHI BEHAVIORAL HEALTH GROUP, LLC doing business as The Palm Beach Institute |
| 9:2020cv80954 |
| June 17, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Defendant |
Docket Report
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This docket was last retrieved on January 27, 2021. A more recent docket listing may be available from PACER.
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Filing 63
ORDER APPROVING SETTLEMENT AND DISMISSING CASE denying as moot #42 Motion for Partial Summary Judgment; denying as moot #43 Motion in Limine; denying as moot #44 Motion in Limine; granting #61 Motion for Settlement. The Court APPROVES the Settlement Agreement (DE 61-1)including the settlement amount for attorneys fees and costsas a fair, adequate, and reasonable settlement of the FLSA overtime wages claims at issue. This action is DISMISSED WITH PREJUDICE. Closing Case. Motions Terminated: #61 Joint MOTION for Settlement Approval and Dismissal of Counts I and II with Prejudice filed by SL Monroe, Sr., #43 MOTION in Limine and Supporting Memoranda of Law filed by Dominic Sirianni, PALM BEACH RECOVERY, LLC, DELPHI BEHAVIORAL HEALTH GROUP, LLC, #44 Plaintiff's MOTION in Limine to Exclude Evidence at Trial filed by SL Monroe, Sr., #42 MOTION for Partial Summary Judgment as to Count II and Supporting Memorandum of Law filed by Dominic Sirianni. Signed by Judge Donald M. Middlebrooks on 1/27/2021. See attached document for full details. (drz)
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| Filing 62 STIPULATION (Joint) of Dismissal of Count III with Prejudice by SL Monroe, Sr. (Walls, Tanesha) |
| Filing 61 Joint MOTION for Settlement Approval and Dismissal of Counts I and II with Prejudice by SL Monroe, Sr.. Responses due by 2/9/2021 (Attachments: #1 Exhibit Exh. A to Jt. Motion to Appr. Settlement, #2 Exhibit Exh. B to Jt. Motion to Appr. Settlement)(Walls, Tanesha) |
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Filing 60
PAPERLESS ORDER SETTING DEADLINE FOR FILING CLOSING DOCUMENTS. Plaintiff has filed a Notice of Settlement (DE #59 ), and the Court congratulates the Parties on their amicable resolution of this matter. The Parties are therefore directed to file the appropriate closing documents (including their fully executed FLSA settlement agreement for the Court's approval) within 10 days, which is on or before January 28, 2021. Plaintiff's request for 60 days to file closing documents is denied, as there is no good cause for such a delay set forth in the Notice. (DE #59 ). Until closing documents are filed, this case will remain on the trial calendar and the Court expects compliance with all pretrial deadlines, including the February 1, 2021 deadline for filing proposed findings of fact and conclusions of law. (See DE #58 ). The Parties are also advised that they may move for the Court to retain jurisdiction upon closing the case if necessary to enforce the terms of their settlement agreement. (Miscellaneous Deadline 1/28/2021.) Signed by Judge Donald M. Middlebrooks on 1/19/2021. (kal)
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| Filing 59 NOTICE of Settlement by SL Monroe, Sr. (Walls, Tanesha) |
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Filing 58
ORDER SETTING BENCH TRIAL. Bench Trial set for 2/16/2021 09:00 AM before Judge Donald M. Middlebrooks. Calendar Call set for 2/10/2021 01:15 PM before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 1/11/2021. See attached document for full details. (drz)
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| Filing 57 STATUS REPORT (JOINT) REGARDING TRIAL SETTING PURSUANT TO D.E. 56 by DELPHI BEHAVIORAL HEALTH GROUP, LLC, PALM BEACH RECOVERY, LLC, Dominic Sirianni (Pincavage, Danya) |
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Filing 56
ORDER granting #55 Motion for Clarification. The Parties SHALL FILE a joint status report on or before January 8, 2021, regarding their positions on whether this case may be resolved by way of a non-jury trial. Signed by Judge Donald M. Middlebrooks on 1/6/2021. See attached document for full details. (kal)
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| Filing 55 Defendant's MOTION for clarification #17 Scheduling Order,,, Order Referring Case to Magistrate Judge,, by DELPHI BEHAVIORAL HEALTH GROUP, LLC, PALM BEACH RECOVERY, LLC, Dominic Sirianni. Responses due by 1/19/2021 (Pincavage, Danya) |
| Filing 54 Plaintiff's RESPONSE AND OBJECTIONS TO DEFENDANTS DEPOSITION DESIGNATIONS, FILED DECEMBER 21, 2020 by SL Monroe, Sr.. (Attachments: #1 Text of Proposed Order)(Walls, Tanesha) |
| Filing 53 PRETRIAL STIPULATION Jointly Filed by SL Monroe, Sr. (Attachments: #1 Exhibit Exhibit A - Plaintiff's Exhibit and Witness List, #2 Exhibit Exhibit B - Defendants' Exhibit and Witness List)(Smukler, Aron) |
| Filing 52 NOTICE by DELPHI BEHAVIORAL HEALTH GROUP, LLC, PALM BEACH RECOVERY, LLC, Dominic Sirianni (Ali-Shamaa, Omar) |
| Filing 51 Statement of: Dominic Sirianni's Reply To Plaintiff's Statement of Additional Material Facts by Dominic Sirianni re #45 Response in Opposition to Motion (Attachments: #1 Exhibit A - Depo. Excerpts)(Ali-Shamaa, Omar) |
| Filing 50 RESPONSE in Support re #42 MOTION for Partial Summary Judgment as to Count II and Supporting Memorandum of Law filed by Dominic Sirianni. (Attachments: #1 Exhibit 1 - SL Monroe Depo. Excerpts, #2 Exhibit 2 - Michael Borkowski Depo. Excerpts, #3 Exhibit 3 - Delphi Executives)(Ali-Shamaa, Omar) |
| Filing 49 RESPONSE in Support re #43 MOTION in Limine and Supporting Memoranda of Law filed by DELPHI BEHAVIORAL HEALTH GROUP, LLC, PALM BEACH RECOVERY, LLC, Dominic Sirianni. (Ali-Shamaa, Omar) |
| Filing 48 RESPONSE in Opposition re #43 MOTION in Limine and Supporting Memoranda of Law filed by SL Monroe, Sr.. Replies due by 11/30/2020. (Smukler, Aron) |
| Filing 47 RESPONSE in Opposition re #44 Plaintiff's MOTION in Limine to Exclude Evidence at Trial and Supporting Memorandum of Law filed by DELPHI BEHAVIORAL HEALTH GROUP, LLC, PALM BEACH RECOVERY, LLC, Dominic Sirianni. Replies due by 11/30/2020. (Attachments: #1 Exhibit 1 - SL Monroe Application for Background Search, #2 Exhibit 2 - Deposition Excerpts, #3 Exhibit 3 - Affidavit of Good Moral Character - PBI, #4 Exhibit 4 - Affidavit of Good Moral Character - Angel's Recovery, #5 Exhibit 5 - SL Employment Application, #6 Exhibit 6 - Disciplinary Report, #7 Exhibit 7 - SL Reviews, #8 Exhibit 8 - SL Resume to Recovery Unplugged, #9 Exhibit 9 - SL Resume to Emerge Recovery)(Ali-Shamaa, Omar) |
| Filing 46 RESPONSE to Motion re #42 MOTION for Partial Summary Judgment as to Count II and Supporting Memorandum of Law filed by SL Monroe, Sr.. Replies due by 11/30/2020. (Smukler, Aron) |
| Filing 45 RESPONSE in Opposition re #42 MOTION for Partial Summary Judgment as to Count II and Supporting Memorandum of Law filed by SL Monroe, Sr.. Replies due by 11/30/2020. (Attachments: #1 Exhibit A-F)(Smukler, Aron) |
| Filing 44 Plaintiff's MOTION in Limine to Exclude Evidence at Trial by SL Monroe, Sr.. (Attachments: #1 Exhibit Exhibit A to Plaintiff's MIL)(Walls, Tanesha) |
| Filing 43 MOTION in Limine and Supporting Memoranda of Law by DELPHI BEHAVIORAL HEALTH GROUP, LLC, PALM BEACH RECOVERY, LLC, Dominic Sirianni. (Attachments: #1 Exhibit Monroe Deposition Excerpts)(Ali-Shamaa, Omar) |
| Filing 42 MOTION for Partial Summary Judgment as to Count II and Supporting Memorandum of Law by Dominic Sirianni. Responses due by 11/23/2020 (Ali-Shamaa, Omar) |
| Filing 41 Statement of: Undisputed Material Facts In Support of His Motion for Summary Judgment by Dominic Sirianni (Attachments: #1 Exhibit Sirianni's Answers to Interrogatories, #2 Exhibit Palm Beach's Answers to Interrogatories, #3 Exhibit Monroe Employment Application, #4 Exhibit Monroe Deposition Excerpts, #5 Exhibit Monroe Annual Review)(Ali-Shamaa, Omar) |
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Filing 40
ORDER denying #35 Plaintiff's Motion for Leave to Amend Complaint to Conform with the Evidence. Signed by Judge Donald M. Middlebrooks on 11/4/2020. See attached document for full details. (mc)
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| Filing 39 RESPONSE in Opposition re #35 Plaintiff's MOTION for Leave to File Amended Complaint filed by DELPHI BEHAVIORAL HEALTH GROUP, LLC, PALM BEACH RECOVERY, LLC, Dominic Sirianni. Replies due by 11/10/2020. (Attachments: #1 Exhibit 1 (Composite) - Excerpts from Deposition of SL Monroe, Sr., #2 Exhibit 2 - Redlined Proposed Amended Complaint)(Pincavage, Danya) |
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Filing 38
ORDER denying #33 Motion to Compel or for Extension of Time. Signed by Judge Donald M. Middlebrooks on 11/3/2020. See attached document for full details. (ls)
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| Filing 37 RESPONSE in Opposition re #33 Plaintiff's MOTION to Compel Better Responses to Request for Production of Documents or in the alternative Motion for Extension filed by DELPHI BEHAVIORAL HEALTH GROUP, LLC, PALM BEACH RECOVERY, LLC, Dominic Sirianni. Replies due by 11/6/2020. (Attachments: #1 Exhibit 1 - Declaration of Jessica Vayda, #2 Exhibit 2 - Declaration of Andrew Parker)(Ali-Shamaa, Omar) |
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Filing 36
PAPERLESS ORDER REQUIRING EXPEDITED RESPONSE to #35 Plaintiff's Motion for Leave to Amend Complaint to Conform with the Evidence. The certificate of conferral indicates that Plaintiff's Motion is opposed. (DE #35 at 7). In light of the impending dispositive motions deadline of November 9, 2020, this matter requires expedited briefing. Therefore, on or before November 3, 2020, Defendants shall file a Response fully setting forth their position on the arguments contained within Plaintiff's Motion and explaining the basis for their opposition to the relief requested. If Plaintiff wishes to file a Reply, he may do so on or before November 5, 2020; however, Plaintiff is advised that this Court will consider the Motion ripe upon the filing of Defendants' Response and will reserve the right to rule on the Motion without need of a Reply. Signed by Judge Donald M. Middlebrooks on 10/30/2020. (Responses due by 11/3/2020, Replies due by 11/5/2020.) (kal)
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| Filing 35 Plaintiff's MOTION for Leave to File Amended Complaint by SL Monroe, Sr.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Walls, Tanesha) |
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Filing 34
PAPERLESS ORDER REQUIRING EXPEDITED RESPONSE to #33 Plaintiffs' Motion to Compel or for Extension of Time. The certificate of conferral indicates that Plaintiffs' Motion is opposed. (DE #33 at 9). In light of the recently expired discovery deadline of October 26, 2020, this matter requires expedited briefing. Therefore, on or before October 30, 2020, Defendants shall file a Response fully setting forth their position on the arguments contained within Plaintiffs' Motion and explaining the basis for their opposition to the relief requested. If Plaintiffs wish to file a Reply, they may do so on or before November 3, 2020; however, Plaintiffs are advised that this Court will consider the Motion ripe upon the filing of Defendants' Response and will reserve the right to rule on the Motion without need of a Reply. Signed by Judge Donald M. Middlebrooks on 10/28/2020. (Responses due by 10/30/2020, Replies due by 11/3/2020.) (kal)
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| Filing 33 Plaintiff's MOTION to Compel Better Responses to Request for Production of Documents or in the alternative Motion for Extension by SL Monroe, Sr.. Responses due by 11/10/2020 (Walls, Tanesha) |
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Filing 32
ORDER denying without prejudice #31 Motion for Extension of Time of Discovery Deadline and to File Pretrial Motions. Signed by Judge Donald M. Middlebrooks on 10/22/2020. See attached document for full details. (ls)
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| Filing 31 Plaintiff's MOTION for Extension of Time November 26, 2020 OF DISCOVERY DEADLINE AND TO FILE PRETRIAL MOTIONS by SL Monroe, Sr.. Responses due by 11/4/2020 (Attachments: #1 Text of Proposed Order)(Walls, Tanesha) |
| Filing 30 Witness List by DELPHI BEHAVIORAL HEALTH GROUP, LLC, PALM BEACH RECOVERY, LLC, Dominic Sirianni.. (Ali-Shamaa, Omar) |
| Filing 29 Witness List by SL Monroe, Sr... (Walls, Tanesha) |
| Filing 28 FINAL MEDIATION REPORT by Suhaill M. Morales. Disposition: Case did not settle.(Morales, Suhaill) |
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Filing 27
PAPERLESS ORDER REGARDING STATUS OF MEDIATION EFFORTS. Pursuant to Plaintiff's Notice of Mediation Conference, mediation was scheduled in this case for October 6, 2020. (DE #26 ). Pursuant to S.D. Fla. Local Rule 16.2(f)(1), a mediation report must be filed within seven (7) days following the mediation conference. The Parties are therefore directed to ensure that a mediation report is filed by October 13, 2020. Signed by Judge Donald M. Middlebrooks on 10/8/2020. (Miscellaneous Deadline 10/13/2020.) (kal)
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| Filing 26 NOTICE of Mediation Hearing. Mediation Hearing set for 10/06/2020 at 10:00am. (Walls, Tanesha) |
| Filing 25 REPORT REGARDING Settlement by SL Monroe, Sr. (Smukler, Aron) |
| Filing 24 NOTICE of Compliance by SL Monroe, Sr. (Walls, Tanesha) |
| Filing 23 RESPONSE to #20 Statement of Claim by DELPHI BEHAVIORAL HEALTH GROUP, LLC, PALM BEACH RECOVERY, LLC, Dominic Sirianni. (Ali-Shamaa, Omar) |
| Filing 22 Joint SCHEDULING REPORT - Rule 26(f) by SL Monroe, Sr. (Smukler, Aron) |
| Filing 21 NOTICE of Mediator Selection. Selected/Added SL Monroe, Sr., Suhaill Machado Morales as Mediator. (Walls, Tanesha) |
| Filing 20 Statement of: Claim by SL Monroe, Sr. re #19 Order of Requirements (Smukler, Aron) |
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Filing 19
ORDER SETTING FLSA SCHEDULE. Statement of Claim due by 8/10/2020. Signed by Magistrate Judge Dave Lee Brannon on 7/31/2020. See attached document for full details. (drz)
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Filing 18
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION : ( Amended Pleadings due by 8/14/2020., Discovery due by 10/26/2020., Joinder of Parties due by 8/14/2020., In Limine Motions due by 11/9/2020., Dispositive Motions due by 11/9/2020., Motions due by 11/9/2020., Pretrial Stipulation due by 12/21/2020., Jury Trial set for 1/19/2021 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 1/13/2021 01:15 PM before Judge Donald M. Middlebrooks.). Signed by Magistrate Judge Dave Lee Brannon on 7/31/2020. See attached document for full details. (drz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 17
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 1/19/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 1/13/2021 01:15 PM before Judge Donald M. Middlebrooks.). Signed by Judge Donald M. Middlebrooks on 7/31/2020. See attached document for full details. (drz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 16 Defendants' ANSWER and Affirmative Defenses to Complaint with Jury Demand by DELPHI BEHAVIORAL HEALTH GROUP, LLC, PALM BEACH RECOVERY, LLC, Dominic Sirianni. (Ali-Shamaa, Omar) |
| Filing 15 Certificate of Other Affiliates/Corporate Disclosure Statement by DELPHI BEHAVIORAL HEALTH GROUP, LLC, PALM BEACH RECOVERY, LLC, Dominic Sirianni (Ali-Shamaa, Omar) |
| Filing 14 Certificate of Other Affiliates/Corporate Disclosure Statement by SL Monroe, Sr. (Walls, Tanesha) |
| Filing 13 Notice of NO Pending, Refiled, Related or Similar Actions by SL Monroe, Sr. (Walls, Tanesha) |
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Filing 12
PAPERLESS ORDER granting in part and denying in part #10 Defendants' Unopposed Motion for Extension of Time. Defendants' deadline to respond to Plaintiff's Complaint is currently July 13, 2020. In the present Motion, Defendants request a three-week extension of this deadline because they "only recently retained counsel and require additional time to review and investigate the allegations of the Complaint before responding." (DE #10 at 1). I find good cause to grant a limited extension. Defendants' deadline to respond to the Complaint is extended until July 27, 2020. Absent exceptional circumstances, this deadline will not be further extended. Signed by Judge Donald M. Middlebrooks on 7/10/2020. (jdr)
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| Filing 11 NOTICE of Attorney Appearance by Danya Pincavage on behalf of DELPHI BEHAVIORAL HEALTH GROUP, LLC, PALM BEACH RECOVERY, LLC, Dominic Sirianni. Attorney Danya Pincavage added to party DELPHI BEHAVIORAL HEALTH GROUP, LLC(pty:dft), Attorney Danya Pincavage added to party PALM BEACH RECOVERY, LLC(pty:dft), Attorney Danya Pincavage added to party Dominic Sirianni(pty:dft). (Pincavage, Danya) |
| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by DELPHI BEHAVIORAL HEALTH GROUP, LLC, PALM BEACH RECOVERY, LLC, Dominic Sirianni. (Attachments: #1 Text of Proposed Order Proposed Order Granting Unopposed Motion for Extension of Time)(Ali-Shamaa, Omar) |
| Filing 9 NOTICE of Attorney Appearance by Omar Mazien Ali-Shamaa on behalf of DELPHI BEHAVIORAL HEALTH GROUP, LLC, PALM BEACH RECOVERY, LLC, Dominic Sirianni. Attorney Omar Mazien Ali-Shamaa added to party DELPHI BEHAVIORAL HEALTH GROUP, LLC(pty:dft), Attorney Omar Mazien Ali-Shamaa added to party PALM BEACH RECOVERY, LLC(pty:dft), Attorney Omar Mazien Ali-Shamaa added to party Dominic Sirianni(pty:dft). (Ali-Shamaa, Omar) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by SL Monroe, Sr.. DELPHI BEHAVIORAL HEALTH GROUP, LLC served on 6/22/2020, answer due 7/13/2020. (Saenz, Ruben) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by SL Monroe, Sr.. PALM BEACH RECOVERY, LLC served on 6/22/2020, answer due 7/13/2020. (Saenz, Ruben) |
| Filing 6 Summons Issued as to PALM BEACH RECOVERY, LLC. (drz) |
| Filing 5 Summons Issued as to DELPHI BEHAVIORAL HEALTH GROUP, LLC. (drz) |
| Filing 4 Summons Issued as to Dominic Sirianni. (drz) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. Clerk added Dominic Sirianni to Case. It is not necessary to re-file this document. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (drz) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13043640, filed by SL Monroe, Sr.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Walls, Tanesha) |
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