Lantz et al v. Roy's R.V. Supercenter LLC et al
| Brian D. Lantz and Michele D. Lantz |
| Gulf Stream Coach Inc |
| Roy's R.V. Supercenter LLC |
| 3:2022cv00996 |
| December 6, 2022 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Michael G Gotsch |
| Damon R Leichty |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on February 3, 2023. A more recent docket listing may be available from PACER.
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Filing 50
Roy's R.V. Supercenter ANSWER to #45 Answer to Crossclaim,,, Gulf Stream Coach Cross Claim by Roy's R.V. Supercenter LLC.(Ricci, Edward)
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Filing 49
ORDER re #47 CORRECTING Rule 16 Preliminary Pretrial Conference, set for 3/3/2023 11:00 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr.. Approved by Magistrate Judge Michael G Gotsch, Sr on 1/31/23. (slm)
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Filing 48
MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. (slm)
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Filing 47
ORDER, Joint Proposed Discovery due by 2/20/2023. Telephonic Rule 16 Preliminary Pretrial Conference set for 3/23/2023 11:00 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr.. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/31/23. (slm)
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Filing 46
ORDER granting #44 Motion to Withdraw as Attorney. Attorney Michael M. Fisher terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 1/17/23. (slm)
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Filing 45
Gulf Stream Coach, Inc. ANSWER to #6 Answer to Complaint (Notice of Removal),, Crossclaim, , CROSSCLAIM against Roy's R.V. Supercenter LLC by Gulf Stream Coach Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hoffer, Brian)
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Filing 44
MOTION to Withdraw as Attorney (Michael M. Fisher) by Cross Defendant Gulf Stream Coach Inc, Defendant Gulf Stream Coach Inc. (Attachments: #1 Exhibit A)(Hoffer, Brian)
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Filing 43
NOTICE of Appearance by Edward R Ricci, Jr on behalf of Roy's R.V. Supercenter LLC (Ricci, Edward)
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Filing 42
NOTICE of Appearance by Adam J Moore on behalf of Roy's R.V. Supercenter LLC (Moore, Adam)
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Filing 41
NOTICE of Appearance by Adam J Moore on behalf of Roy's R.V. Supercenter LLC (Moore, Adam) ***FILING ERROR; REFILED AT #42 *** Modified on 12/29/2022 (ace).
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Filing 40
NOTICE of Appearance by Edward R Ricci, Jr on behalf of Roy's R.V. Supercenter LLC (Ricci, Edward) ***FILING ERROR; REFILED AT #43 *** Modified on 12/29/2022 (ace).
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Filing 39
NOTICE of Appearance by Edward R Ricci, Jr on behalf of Roy's R.V. Supercenter LLC (Ricci, Edward) ***FILING ERROR; REFILED AT #43 *** Modified on 12/29/2022 (ace).
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Filing 38
NOTICE of Appearance by Randy J Spitaels on behalf of Gulf Stream Coach Inc (Spitaels, Randy)
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Filing 37
ORDER granting #35 Motion for Extension of Time to Answer re #35 Answer to Complaint (Unopposed) Gulf Stream Coach Inc answer due 1/16/2023. Approved by Magistrate Judge Michael G Gotsch, Sr on 12/20/22. (slm)
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Filing 36
NOTICE of Appearance by Randy J Spitaels on behalf of Gulf Stream Coach Inc (Spitaels, Randy) ***FILING ERROR; REFILED AT #38 *** Modified on 12/21/2022 (ace).
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Filing 35
MOTION for Extension of Time to File Answer re #1 Notice of Removal, #6 Answer to Complaint (Notice of Removal),, Crossclaim, (Unopposed) by Cross Defendant Gulf Stream Coach Inc, Defendant Gulf Stream Coach Inc. (Hoffer, Brian)
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Filing 34
NOTICE of Appearance by Brian L Hoffer on behalf of Gulf Stream Coach Inc (Hoffer, Brian)
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Filing 33
Case transferred in from District of West Virginia Northern; Case Number 2:21-cv-00011. Original file and transfer order and docket sheet received.
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Filing 32
MEMORANDUM OPINION AND ORDER OVERRULING OBJECTIONS #30 , ADOPTING REPORT AND RECOMMENDATION #29 , AND TRANSFERRING CASE TO THE NORTHERN DISTRICT OF INDIANA. Signed by Chief District Judge Thomas S Kleeh on 12/5/22. (jss) [Transferred from West Virginia Northern on 12/6/2022.]
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Case transferred to District of Northern District of Indiana. Entire Case file electronically transmitted. (jss) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 31
RESPONSE by Brian D. Lantz, Michele D. Lantz to #30 Objections,. (Mehalic, Jeffrey) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 30
OBJECTIONS to #29 REPORT AND RECOMMENDATIONS re #10 MOTION to Dismiss Crossclaim Pursuant to Rule 12(B)(6), or Alternatively Motion to Transfer Venue filed by Gulf Stream Coach, Inc., #2 MOTION to Dismiss Pursuant to Rule 12(B)(6), or Alternatively M by Gulf Stream Coach, Inc.. (Fisher, Michael) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 29
OMNIBUS REPORT AND RECOMMENDATIONS: Recommendation that Defendant Gulf Streams Motion to Dismiss Complaint, or Alternatively, Motion to Transfer Venue, ECF No. #2 , be GRANTED IN PART to the extent that this case be TRANSFERRED to the Northern District of Indiana and DENIED IN PART to the extent it seeks to have this case dismissed for failing to comply with the forum-selection clause and Defendant Gulf Streams Motion to Dismiss Cross Claim, or Alternatively, Motion to Transfer Venue, ECF No. #10 , be GRANTED IN PART to the extent that this case be TRANSFERRED to the Northern District of Indiana andDENIED IN PART to the extent it seeks to have this crossclaim dismissed forfailing to comply with the forum-selection clause. Any party shall have fourteen (14) days from the date of filing this Report and Recommendation within which to file with the Clerk of this Court, specific written objections. Signed by Magistrate Judge Michael John Aloi on 2/15/22. (jss) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 28
ORDER VACATING SCHEDULE: The #27 Motion to Vacate is granted and the #25 Motion for Status Conference is denied at this time. Signed by District Judge Thomas S. Kleeh on 2/14/22. (jss) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 27
Joint MOTION to Vacate Scheduling Order Pending Results of Referral to Magistrate Judge Michael J. Aloi of Defendant Gulf Stream Coach, Inc.'s Motion to Dismiss and Motion to Dismiss Crossclaim by Brian D. Lantz, Michele D. Lantz. (Mehalic, Jeffrey) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 26
ORDER OF REFERRAL REFERRING MOTION: #10 MOTION to Dismiss Crossclaim Pursuant to Rule 12(B)(6), or Alternatively Motion to Transfer Venue filed by Gulf Stream Coach, Inc. and #2 MOTION to Dismiss Pursuant to Rule 12(B)(6), or Alternatively Motion to Transfer Venue filed by Gulf Stream Coach, Inc. to Magistrate Judge Michael J. Aloi. Signed by District Judge Thomas S. Kleeh on 11/10/21. (jss) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 25
MOTION Joint Motion for Status Conference by Brian D. Lantz, Michele D. Lantz. (Mehalic, Jeffrey) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 24
STIPULATION Extending Deadlines for Disclosures Required by Fed. R. Civ. P. 26(a)(2)(A) and (B) by Brian D. Lantz, Michele D. Lantz. (Mehalic, Jeffrey) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 23
STIPULATION Extending Deadlines for Disclosures Required by Fed. R. Civ. P. 26(a)(2)(A) and (B) by Brian D. Lantz, Michele D. Lantz. (Mehalic, Jeffrey) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 22
CERTIFICATE OF SERVICE by Roy's R.V. Supercenter LLC First Supplemental Rule 26(a)(1) Initial Disclosures. (Chenoweth, Robert) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 21
CERTIFICATE OF SERVICE by Brian D. Lantz, Michele D. Lantz for Plaintiffs' Supplemental Fed. R. Civ. P. 26(a)(1) Disclosures. (Mehalic, Jeffrey) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 20
CERTIFICATE OF SERVICE by Brian D. Lantz, Michele D. Lantz for Plaintiffs' Fed. R. Civ. P. 26(a)(1) Disclosures. (Mehalic, Jeffrey) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 19
CERTIFICATE OF SERVICE by Roy's R.V. Supercenter LLC Rule 26(a)(1) Initial Disclosures. (Chenoweth, Robert) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 18
CERTIFICATE OF SERVICE by Gulf Stream Coach, Inc. for Rule 26(a)(1) Disclosures. (Fisher, Michael) [Transferred from West Virginia Northern on 12/6/2022.]
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IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on July 19, 2021. Preparing for NextGen CM/ECF is a two-step process. Step One was to upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVND e-filing account in the new NextGen CM/ECF system on or after July 19, 2021. Instructions for linking your account can be found #here. PLEASE NOTE: The WVND CM/ECF system will be unavailable from 1:00 pm on Friday July 16, 2021 until 8:00 am Monday, July 19, 2021. An extension for electronic filing will be granted for all documents with court-imposed deadlines falling between 1:00 pm on Friday, July 16, 2021, and midnight on Sunday, July 18, 2021. All documents due during that period must be filed prior to 1:00 pm Friday, July 16, 2021, or on Monday, July 19, 2021. If you have any additional questions, please contact the PACER Service Center at 800-676-6856 or the WVND Clerks Office CM/ECF Help Desk at (304) 267-5682. (cmd) (ADI) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 17
VACATED PURSUANT TO ORDER #28 ENTERED ON 2/12/22: SCHEDULING ORDER: Amended Pleadings and Joinder of Parties due by 7/30/2021. Discovery due by 3/31/2022. Dispositive Motions due by 3/31/2022. Proposed Pretrial Order due by 5/15/2022. Final Pretrial Conference and Settlement Conference set for 6/27/2022 at 10:30 AM in Elkins District Judge Courtroom, 2nd Floor before District Judge Thomas S. Kleeh. Jury Selection and Jury Trial set for 7/26/2022 at 09:30 AM in Elkins District Judge Courtroom, 2nd Floor before District Judge Thomas S. Kleeh. Signed by District Judge Thomas S. Kleeh on 6/29/21. (jss) Modified on 2/14/2022 (jss). [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 16
REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Attachment Scheduling Order Checklist)(Chenoweth, Robert) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 15
RESPONSE to Motion re #10 MOTION to Dismiss Crossclaim Pursuant to Rule 12(B)(6), or Alternatively Motion to Transfer Venue filed by Roy's R.V. Supercenter LLC. (Chenoweth, Robert) [Transferred from West Virginia Northern on 12/6/2022.]
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IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM?ECF system to Next Generation of CM/ECF (NextGen CM/ECF) on Monday, July 19, 2021. Complete information regarding the WVND NextGen CM/ECF implementation can be found #here. Preparing for NextGen Cm/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have thei r own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVND e-fling account in the new NextGen CM/ECF system on or after July 19, 2021. Please log in to the WVND CM/ECF system at https://ecf.wvnd.uscourts.gov/ before July 19, 2021 to make sure you know your current WVND e-filing login and password. Do not rely on your username and password being saved in your web browser, because that method will not work with the NextGen upgrade. If you do not know your login or password or have any additional questions please call the WVND Clerks CM/ECF Office Help Desk at (304) 267-5682. (cmd) (ADI) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 14
ORDER: It is ORDERED that Defendant Golf Stream Coach, Inc.'s #12 Motion for Leave to File Excess Pages is hereby GRANTED. Signed by District Judge Thomas S. Kleeh on 6/3/2021. (cnd) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 13
REPLY to Response to Motion re #2 MOTION to Dismiss Pursuant to Rule 12(B)(6), or Alternatively Motion to Transfer Venue filed by Gulf Stream Coach, Inc.. (Fisher, Michael) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 12
MOTION for Leave to File Excess Pages by Gulf Stream Coach, Inc.. (Fisher, Michael) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 11
Memorandum in Support re #10 MOTION to Dismiss Crossclaim Pursuant to Rule 12(B)(6), or Alternatively Motion to Transfer Venue filed by Gulf Stream Coach, Inc.. (Fisher, Michael) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 10
MOTION to Dismiss Crossclaim Pursuant to Rule 12(B)(6), or Alternatively Motion to Transfer Venue by Gulf Stream Coach, Inc.. (Fisher, Michael) [Transferred from West Virginia Northern on 12/6/2022.]
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IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on July 19, 2021. Complete information regarding the WVND NextGen CM/ECF implementation can be found #here.Currently, many attorneys within a firm may share a single PACER account. This will no longer be allowed with the New WVND NextGen CM/ECF system because each attorney must have an individual upgraded PACER account that will be linked to their e-filing account. Shared PACER accounts cannot be used by WVND e-filing attorneys once the WVND NextGen CM/ECF system is implemented. Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account, and step two is to link your upgraded PACER account to the WVND e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cant be completed until on or after July 19, 2021. The first step is to check and see if your PACER account is an upgraded PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have un upgraded PACER account and no action is required until after the WVND NextGen CM/ECF upgrade occurs on July 19, 2021: 1) You have a an upgraded PACER account for another NextGen court; or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WVND CM/ECF account for your new NextGen CM/ECF account. Additional notices will be sent later detailing how to handle the second step in this process. If you still have questions, please contact the PACER Service Center at 800-676-6856 or the WVND Clerks Office CM/ECF Help Desk at (304) 267-5682. (cmd) (ADI) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 9
RESPONSE in Opposition re #2 MOTION to Dismiss Pursuant to Rule 12(B)(6), or Alternatively Motion to Transfer Venue filed by Brian D. Lantz, Michele D. Lantz. (Mehalic, Jeffrey) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 8
ORDER -- FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 6/14/2021. Rule 26 Meeting Report due by 6/28/2021. Discovery due by 7/14/2021. Signed by District Judge Thomas S. Kleeh on 5/14/21. (jss) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 7
Corporate Disclosure Statement by Roy's R.V. Supercenter LLC. (Chenoweth, Robert) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 6
ANSWER to Complaint (Notice of Removal) Answer to Complaint, Affirmative Defenses, and Cross-claim, CROSSCLAIM against Gulf Stream Coach, Inc. by Roy's R.V. Supercenter LLC. (Chenoweth, Robert) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 5
Corporate Disclosure Statement by Gulf Stream Coach, Inc.. (Fisher, Michael) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 4
NOTICE by Roy's R.V. Supercenter LLC Consent to Removal (Chenoweth, Robert) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 3
MEMORANDUM in Support by Gulf Stream Coach, Inc. re #2 MOTION to Dismiss Pursuant to Rule 12(B)(6), or Alternatively Motion to Transfer Venue . (Fisher, Michael) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 2
MOTION to Dismiss Pursuant to Rule 12(B)(6), or Alternatively Motion to Transfer Venue by Gulf Stream Coach, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fisher, Michael) [Transferred from West Virginia Northern on 12/6/2022.]
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Filing 1
NOTICE OF REMOVAL with State Court Papers from Circuit Court of Randolph County, (case number 21-C-27). (Attachments: #1 Exhibit A - Circuit Court Documents, #2 Exhibit B - Circuit Court Documents, #3 Civil Cover Sheet)(jss) Modified on 5/13/2021 - Filing Fee $402. Receipt #0424-3257778 (jss). [Transferred from West Virginia Northern on 12/6/2022.]
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