Shults et al v. Sheldon
Illinois State Rifle Association, Kenneth V Shults, Second Amendment Foundation Inc and Colleen M Shults |
George H Sheldon, Beverly J Walker and Lisa Madigan |
2:2016cv02214 |
July 12, 2016 |
US District Court for the Central District of Illinois |
Urbana Office |
Vermilion |
Harold A Baker |
Colin Stirling Bruce |
Eric I Long |
Civil Rights: Other |
42 U.S.C. § 1983 |
None |
Docket Report
This docket was last retrieved on April 1, 2019. A more recent docket listing may be available from PACER.
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Filing 41 JUDGMENT entered. (JMB, ilcd) |
Filing 40 ORDER entered by Judge Colin Stirling Bruce on 4/1/2019. Defendants' Motion to Dismiss #34 is GRANTED with prejudice. This case is terminated. See written order. (JMB, ilcd) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/22/2019. At the request of the parties, the Status Conference set for April 9, 2019, at 1:45 P.M. is RESCHEDULED to April 10, 2019, at 3:00 P.M.(JMB, ilcd) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/20/2019. At the request of the Court, the Status Conference set for tomorrow, March 21, 2019, is RESCHEDULED to April 9, 2019, at 1:45 P.M. by telephone from Urbana (Court will place call) before Magistrate Judge Eric I. Long. (JMB, ilcd) |
Minute Entry for proceedings held on 2/20/2019 before Magistrate Judge Eric I. Long. Appearance for the Plaintiff by David Sigale. Appearance for the Defendants by Danielle Steimel, Sarah Hunger, Barbara Greenspan and Michaelina Camp. Status Conference held by telephone. Status of the case and discovery discussed. Option for consent offered. Further Status Conference set for 3/21/2019 at 10:15 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B 10:02AM.) (JMB, ilcd) Modified on 2/22/2019 to correct typographical error (SKR, ilcd). |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 2/14/2019. Due to a conflict in the Court's calendar, the Status Conference set for February 20, 2019, at 10:30 A.M. is RESCHEDULED IN TIME ONLY to February 20, 2019, at 10:00 A.M. by telephone from Urbana (Court will place call) before Magistrate Judge Eric I. Long. (JMB, ilcd) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 2/11/2019. Final Pretrial Conference is set for August 5, 2019, at 10:30 a.m. in Courtroom A in Urbana. Trial is set for September 3, 2019, at 9:00 a.m. in Courtroom A in Urbana. (JMB, ilcd) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 2/8/2019. At the request of the Court, this case is set for a Status Conference on February 20, 2019, at 10:30 A.M. by telephone from Urbana (Court will place call) before Magistrate Judge Eric I. Long. (JMB, ilcd) |
Filing 39 REPLY In Support of Motion re #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Lisa Madigan, Beverly J Walker. (JMB, ilcd) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 12/21/2018. Defendants' Motion for leave to File Reply #38 is GRANTED. The court directs the clerk to file Defendants' Exhibit [38-1] instanter. (JMB, ilcd) |
Filing 38 MOTION for Leave to File Reply Brief in Support of Motion to Dismiss Plaintiffs' Second Amended Complaint by Defendants Lisa Madigan, Beverly J Walker. Responses due by 1/3/2019 (Attachments: #1 Exhibit Reply Brief in Support of Motion to Dismiss Second Amended Complaint, #2 Exhibit Notice of Compliance with Type Volume Limitation)(Greenspan, Barbara) |
Filing 37 RESPONSE to Motion re #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Illinois State Rifle Association, Second Amendment Foundation Inc. (Attachments: #1 Exhibit A - Declaration of Darin and Jennifer Miller, #2 Exhibit B - Declaration of Jed and Melissa Davis, #3 Exhibit C - Amended Answers to Interrogatories (ISRA), #4 Exhibit D - Amended Answers to Interrogatories (SAF), #5 Exhibit E - Depo. Trans. Excerpt of Dyer-Webster)(Sigale, David) |
Filing 36 NOTICE of Compliance with Type Volume Limitation re #35 Memorandum in Support of Motion (Greenspan, Barbara) |
Filing 35 MEMORANDUM in Support re #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Lisa Madigan, Beverly J Walker. (Greenspan, Barbara) |
Filing 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Lisa Madigan, Beverly J Walker. Responses due by 12/4/2018 (Greenspan, Barbara) |
Filing 33 AMENDED COMPLAINT (Second) against Lisa Madigan, Beverly J Walker, filed by Illinois State Rifle Association, Second Amendment Foundation Inc. (Attachments: #1 Exhibit A - Foster Family Firearms Agreement)(Sigale, David) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 10/17/2018. Plaintiffs' Motion to Voluntarily Dismiss #31 is GRANTED. Pursuant to Plaintiffs' Motion and Rule 41(a) of the Federal Rules of Civil Procedure, Plaintiffs Kenneth V. Shults and Colleen M. Shults are hereby terminated. The remainder of the Plaintiffs remain pending. Plaintiffs Second Amended Foundation, Inc. and Illinois State Rifle Association are given leave to file an Amended Complaint by the close of business on October 31, 2018. (JMB, ilcd) |
Filing 32 RESPONSE to Motion re #31 MOTION to Dismiss (F.R.Civ.P. 41(a)(2) Voluntary Dismissal) filed by Defendants Lisa Madigan, Beverly J Walker. (Greenspan, Barbara) |
Filing 31 MOTION to Dismiss (F.R.Civ.P. 41(a)(2) Voluntary Dismissal) by Plaintiffs Colleen M Shults, Kenneth V Shults. Responses due by 10/17/2018 (Attachments: #1 Text of Proposed Order)(Sigale, David) |
Filing 30 MOTION for Hearing re Order, Set/Reset Hearings by Defendants George H Sheldon, Beverly J Walker. Responses due by 10/10/2018 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Camp, Michaelina) |
Minute Entry for proceedings held on 9/26/2018 before Magistrate Judge Eric I. Long. Appearance for the Plaintiff by David Sigale. Appearance for the Defendant by Michaelina Camp and Barbara Greenspan. Status Conference held. Status conference held re Motion #30 . Motion granted. Settlement conference set for 9/28/2018 is VACATED. Responsive pleadings are due by 10/24/2018. (Tape #UR-B: 2:30PM.) (JMB, ilcd) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 9/26/2018. A telephone status conference is set for today, 9/26/18 at 2:30 PM before Magistrate Judge Eric I. Long. The Court will initiate the call.(JMB, ilcd) |
Minute Entry for proceedings held on 9/25/2018 before Magistrate Judge Eric I. Long. Appearance for the Plaintiff by David Sigale. Presettlement Conference call with Plaintiff held. (Tape #not recorded.) (JMB, ilcd) |
Minute Entry for proceedings held on 9/25/2018. before Magistrate Judge Eric I. Long. Appearance for the Defendant by Barbara Greenspan. Presettlement Conference call with Defendant held. (Tape #not recorded.) (JMB, ilcd) |
Filing 29 Letter from Judge Long regarding settlement conference. (JMB, ilcd) |
Filing 28 ORDER entered by Magistrate Judge Eric I. Long on 8/30/2018. Presettlement Conference with Plaintiff set for 9/25/2018 at 2:30 PM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. Presettlement Conference with Defendant set for 9/25/2018 at 3:00 PM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. Settlement Conference set for 9/28/2018 at 11:00 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. The parties must submit their confidential settlement letters by 9/18/2018. See written order. (JMB, ilcd) |
Minute Entry for proceedings held on 8/27/2018 before Magistrate Judge Eric I. Long. Appearance for the Plaintiff by David Sigale. Appearance for the Defendants by Barbara Greenspan and Michaelina Camp. Telephone Status Conference held. Status of the case discussed. Settlement discussed. Answer to Amended complaint is stayed until after the settlement conference. Settlement Conference set for 9/28/2018 at 11:00 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. Written order to be entered. (Tape #UR-B: 10:03AM.) (JMB, ilcd) |
Filing 27 Summons Issued as to Lisa Madigan and returned to counsel for the Plaintiff for service. (JMB, ilcd) |
Filing 26 AMENDED COMPLAINT against Beverly J Walker, Lisa Madigan, filed by Kenneth V Shults, Illinois State Rifle Association, Second Amendment Foundation Inc, Colleen M Shults. (Attachments: #1 Exhibit 1 - FFFA)(Sigale, David) |
Minute Entry for proceedings held 7/31/2018 before Magistrate Judge Eric I. Long. Appearance for the Plaintiff by David Sigale. Appearance for the Defendant by Barbara Greenspan and Danielle Steimel. Status held. Motion #25 discussed. No objection stated. Oral motion by the Plaintiff for Extension of time to file Amended Complaint. Motion granted. Amended Complaintdue 8/13/2018. Discovery due 11/1/2018. Further Status Conference set for 8/27/2018 at 10:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long.(Tape #UR-B: 10:18AM.) (JMB, ilcd) Modified to include hearing held 7/31/2018 (KM, ilcd). |
ORAL MOTION for Extension of Time to File Amended Complaint by Plaintiffs Illinois State Rifle Association, Second Amendment Foundation Inc, Colleen M Shults, Kenneth V Shults. (JMB, ilcd) |
Filing 25 MOTION for Extension of Time to Complete Discovery by Defendant Beverly J Walker. Responses due by 8/10/2018 (Greenspan, Barbara) |
Minute Entry for proceedings held 5/29/18 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiffs by David Sigale. Appearance on behalf of defendant by Barbara Greenspan. Telephone Status Conference held. Status of case discussed. Motion for Extension of Time to Complete Discovery #24 is granted. Discovery deadline reset to 8/1/2018. Dispositive Motion deadline reset to 10/1/2018. Final Pretrial on 1/26/18 and Bench Trial on 12/4/18 are vacated. Option for settlement conference offered. Status Conference set for 7/31/2018 at 10:15 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B 10:42 AM.) (SKR, ilcd) |
Filing 24 Second MOTION for Extension of Time to Complete Discovery (Agreed) by Defendant Beverly J Walker. Responses due by 6/7/2018 (Greenspan, Barbara) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/22/2018. Due to a conflict in the Court's schedule, the Status Conference scheduled for May 25, 2018, at 10:30 A.M. is RESCHEDULED to May 29, 2018, at 10:30 A.M. by telephone from Urbana (Court will initiate the call) before Magistrate Judge Eric I. Long. The parties are directed to contact the Court if they need to reschedule the date or time of the call. (JMB, ilcd) |
Minute Entry for proceedings held on 3/13/2018 before Magistrate Judge Eric I. Long. Appearance for the Plaintiffs by David Sigale. Appearance for the Defendant by Barbara Greenspan. Status Conference held. Status of discovery discussed. Further Status Conference is set for 5/25/2018 at 10:30 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. Settlement discussed. (Tape #UR-B: 10:38AM.) (JMB, ilcd) |
Filing 23 ORDER entered by Magistrate Judge Eric I. Long on 1/11/2018 granting #20 Motion for Extension of Time to Complete Discovery. Final Pretrial Conference set for 11/26/2018 at 11:00 AM in Courtroom A in Urbana before Judge Colin Stirling Bruce. Bench Trial set for 12/4/2018 at 9:30 AM in Courtroom A in Urbana before Judge Colin Stirling Bruce.(est 5 days) See written order for additional deadlines. (JMB, ilcd) |
Filing 22 CERTIFICATE of Service/Counsel re #21 Response to Motion by Michaelina Gianaris Camp on behalf of George H Sheldon (Camp, Michaelina) |
Filing 21 RESPONSE to Motion re #20 MOTION for Extension of Time to Complete Discovery (Expert Disclosure) filed by Defendant George H Sheldon. (Attachments: #1 Exhibit Exhibit A)(Camp, Michaelina) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 1/3/2018. Defendant is directed to file a Response to Plaintiffs' Motion for Extension of Discovery Schedule #20 , if he wishes to do so, by the close of business on January 10, 2018. (Responses due by 1/10/2018)(DS, ilcd) |
Filing 20 MOTION for Extension of Time to Complete Discovery (Expert Disclosure) by Plaintiffs Illinois State Rifle Association, Second Amendment Foundation Inc, Colleen M Shults, Kenneth V Shults. Responses due by 1/16/2018 (Attachments: #1 Text of Proposed Order)(Sigale, David) |
Minute Entry for proceedings held on 12/14/2017 before Magistrate Judge Eric I. Long. Appearance for the Plaintiff by David Sigale. Appearance for the Defendants by Barbara Greenspan and Michaelina Camp.Status Conference held by telephone. Status of the case discussed. Further Status Conference set for 3/13/2018 at 10:30 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B: 10:01AM.) (JMB, ilcd) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 10/3/17. Pursuant to the Proposed Revised Scheduling Order #19 , the following discovery deadlines are modified: Plaintiff shall disclose experts and provide expert reports by January 2, 2018. Plaintiff shall make any such experts available for deposition by February 1, 2018. Defendant shall disclose experts and provide expert reports by March 1, 2018. Defendant shall make any such experts available for deposition by April 1, 2018. All discovery, including depositions of experts, shall be completed by May 1, 2018. The deadline for filing case dispositive motions is set for July 2, 2018. The Final Pretrial Conference and Jury Trial dates remain unchanged. (KM, ilcd) |
Filing 19 PROPOSED REVISED SCHEDULING ORDER filed by George H Sheldon. (KM, ilcd) |
Minute Entry for proceedings held on 9/5/2017 before Magistrate Judge Eric I. Long. Appearance for the Plaintiff by David Sigale by telephone. Appearance for the Defendants by Barbara Greenspan by telephone. Status Conference held. Status of the case and discovery discussed. Parties to file proposed amended schedule by 9/19/2017. Option for settlement offered. Further Status Conference set for 12/14/2017 at 10:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B: 10:04AM.) (JMB, ilcd) |
Set Deadlines: Other Deadline/Proposed Amended Schedule set for 9/19/2017. (JMB, ilcd) |
Minute Entry for proceedings held on 7/11/2017 before Magistrate Judge Eric I. Long. Appearance for the Plaintiff by David Sigale. Appearance for the Defendant by Michaelina Camp. Status Conference held. Status of the case and discovery discussed. Further Status Conference set for 9/5/2017 at 10:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B: 10:48AM.) (JMB, ilcd) |
Minute Entry for proceedings held 4/11/2017 before Magistrate Judge Eric I. Long. Appearance for the Plaintiffs by David Sigale. Appearance for the Defendant by Barbara Greenspan and Michaelina Camp. Status Conference held by telephone. Status of case discussed. Further Status Conference set for 7/11/2017 at 10:45 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B: 10:31 AM.) (KE, ilcd) |
Filing 18 ANSWER to #1 Complaint, AND AFFIRMATIVE DEFENSES by George H Sheldon.(Camp, Michaelina) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 1/10/2017. This court has thoroughly reviewed the briefs and arguments submitted by the parties with respect to Defendant's Motion to Dismiss #9 . Defendant's motion is predicated on Federal Rule of Civil Procedure 12(b)(6). The purpose of a Rule 12(b)(6) motion is to test the sufficiency of the complaint, not to decide the merits of the case. See AnchorBank, FSB v. Hofer, 649 F.3d 610, 614 (7th Cir. 2011). Therefore, when ruling on a motion to dismiss, a court must accept, as true, all factual allegations contained within the complaint. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). To survive a motion to dismiss, the complaint need only contain sufficient factual allegations to "'state a claim to relief that is plausible on its face.'" Iqbal, 556 U.S. at 678 (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). In this case, both parties have presented arguments relating to the merits of the case. Such arguments are premature and have not been considered by this court. The court has, however, thoroughly reviewed the complaint and has determined that it does contain sufficient factual allegations to state a claim to relief that is plausible on its face. Therefore, Defendants Motion to Dismiss #9 is DENIED. (DS, ilcd) |
Filing 17 RESPONSE to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Illinois State Rifle Association, Second Amendment Foundation Inc, Colleen M Shults, Kenneth V Shults. (Sigale, David) |
Filing 16 MINUTES for proceedings held 1/3/2017 before Judge Eric I. Long.Appearance for Plaintiff by David Sigale. Appearance for Defendant by Barbara Greenspan. Rule 16 conference held by telephone. Plan approved; dates set. Consent to magistrate judge discussed (form attached). ADR options offered, including court-hosted settlement conference. The following discovery deadlines are set: Initial disclosure due by 2/1/2017. Amended pleadings due by 3/1/2017. Joinder of parties due by 3/1/2017. Plaintiff's expert disclosure due by 10/1/2017. Plaintiff shall make experts available for deposition by 11/1/2017. Defendant's expert disclosure due by 12/15/2017. Defendant shall make experts available for deposition by 1/12/2018. Discovery due by 5/1/2018. Case dispositive motions due by 7/1/2018. Final Pretrial Conference is scheduled for 11/2/2018 at 11:00 AM by personal appearance before Judge Colin S. Bruce, Courtroom A, Urbana. Bench Trial is scheduled for 11/13/2018 at 9:30 AM before Judge Colin S. Bruce, Courtroom A, Urbana, ( 5 days). Status Hearing set before Judge Long on 4/11/17 at 10:30AM by telephone to discuss possible court hosted mediation or summary trial. (Tape #UR-B: 11:04AM.) (JMB, ilcd) |
Filing 15 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by George H Sheldon. (Greenspan, Barbara) |
Filing 14 NOTICE of Appearance of Attorney by Michaelina Gianaris Camp on behalf of George H Sheldon (Camp, Michaelina) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 12/6/2016. Plaintiff's Motion for Extension of Time to File Response #13 is GRANTED. Plaintiff's Response to Defendant's Motion to Dismiss #9 is due by 1/5/2017.(JMB, ilcd) |
Filing 13 MOTION for Extension of Time to File Response/Reply as to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Agreed) by Plaintiffs Illinois State Rifle Association, Second Amendment Foundation Inc, Colleen M Shults, Kenneth V Shults. Responses due by 12/19/2016 (Attachments: #1 Text of Proposed Order)(Sigale, David) |
Filing 12 ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 11/22/2016. Rule 16 Scheduling Conference set for 1/3/2017 at 11:15 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. See written order. (JMB, ilcd) |
Filing 11 Exhibit re #10 Memorandum in Support of Motion, Notice of Compliance With Type Volume Limitation by George H Sheldon. (Greenspan, Barbara) |
Filing 10 MEMORANDUM in Support re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant George H Sheldon. (Attachments: #1 Exhibit A - Licensing Standards for Foster Homes, #2 Exhibit B - Procedure 402.8(i), #3 Exhibit C - Form 452a, #4 Exhibit D - Form 452-2, #5 Exhibit E - Policy Guide 2015.08)(Greenspan, Barbara) |
Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant George H Sheldon. Responses due by 12/5/2016 (Greenspan, Barbara) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 10/27/2016. Defendant's Agreed Motion for Extension of Time Within Which to Answer #8 is GRANTED. Defendant deadline to file a response to Plaintiffs Complaint is extended to November 16, 2016. The Court notes that this is the third extension of time granted to Defendant. No further extensions of time to file a response to Plaintiff's Complaint will be granted. (JMB, ilcd) |
Filing 8 MOTION for Extension of Time to File Answer - Agreed by Defendant George H Sheldon. Responses due by 11/14/2016 (Greenspan, Barbara) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 9/28/2016. Defendant's Agreed Motion for Extension of Time Within Which to Answer #7 is GRANTED. Defendant's deadline to file a response to Plaintiff's Complaint is extended to October 26, 2016. (George H Sheldon answer due 10/26/2016) (DS, ilcd) |
Filing 7 MOTION for Extension of Time to File Answer - Agreed by Defendant George H Sheldon. Responses due by 10/14/2016 (Greenspan, Barbara) |
TEXT ORDER: This case is transferred to U.S. District Judge Colin S. Bruce for further proceedings. Entered by Chief Judge James E. Shadid on 9/7/16. (DK, ilcd) |
TEXT ORDER: This case referred to Magistrate Judge Eric I. Long. Entered by Judge Colin Stirling Bruce on 9/7/2016. (MC, ilcd) |
TEXT ORDER entered by Judge Harold A. Baker on 8/25/2016. The defendant has filed a motion for extension of time to answer the complaint. The motion #6 is granted. The defendant shall answer the complaint on or before September 26, 2016. (KE, ilcd) |
Filing 6 MOTION for Extension of Time to File Answer - Agreed by Defendant George H Sheldon. Responses due by 9/12/2016 (Greenspan, Barbara) |
Filing 5 NOTICE of Appearance of Attorney by Barbara Lynn Greenspan on behalf of George H Sheldon (Greenspan, Barbara) |
Set Deadlines: George H Sheldon answer due 8/25/2016. (JMB, ilcd) |
Filing 4 AFFIDAVIT of Service for Summons and Complaint served on George H. Sheldon on 07/22/2016, filed by Illinois State Rifle Association, Second Amendment Foundation Inc, Colleen M Shults, Kenneth V Shults. (Sigale, David) |
Filing 3 Summons Issued as to George H. Sheldon. (SW, ilcd) |
Filing 2 NOTICE (Civil Cover Sheet) re #1 Complaint, (Sigale, David) |
Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0753-2358286.), filed by Kenneth V. Shults, Illinois State Rifle Association, Second Amendment Foundation, Inc., Colleen M. Shults. (Attachments: #1 Exhibit A - Foster Family Firearms Agreement)(Sigale, David) |
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