Rodriguez et al v. Hy-Vee, Inc. et al
| Theresa L Rodriguez, Theresa L. Rodriguez, Zachary M. Shank, Michael P. Mansberger, Heidi L. Detra and Tim Campbell |
| Hy-Vee, Inc., The Board of Directors of Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Board of Directors of Hy-Vee, Inc. and John Does |
| Chamber of Commerce of The United States |
| 4:2022cv00072 |
| March 1, 2022 |
| US District Court for the Southern District of Iowa |
| Helen C Adams |
| Rebecca Goodgame Ebinger |
| William P Kelly |
| Stephen H Locher |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on April 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 64 DECLARATION of Mark K. Gyandoh re #63 MOTION to Certify Class Plaintiffs' Motion for Class Certification by Tim Campbell, Heidi L. Detra, Michael P. Mansberger, Theresa L. Rodriguez, Zachary M. Shank. (Attachments: #1 Exhibit 1 - 104(b) request, #2 Exhibit 2 - Letters to IRS and Labor, #3 Exhibit 3 - List of class cert decisions, #4 Exhibit 4 - Declaration of Theresa Rodriguez, #5 Exhibit 5 - Declaration of Zachary Shank, #6 Exhibit 6 - Declaration of Michael Mansberger, #7 Exhibit 7 - Declaration of Heidi Detra, #8 Exhibit 8 - Declaration of Tim Campbell)(Gyandoh, Mark) |
| Filing 63 MOTION to Certify Class Plaintiffs' Motion for Class Certification by Tim Campbell, Heidi L. Detra, Michael P. Mansberger, Theresa L. Rodriguez, Zachary M. Shank. Responses due by 4/28/2023. (Attachments: #1 Memorandum in Support Plaintiffs' Memorandum in Support of Motion for Class Certification)(Gyandoh, Mark) |
| Filing 62 STIPULATION Joint Regarding Discovery of Docs and ESI Protocol by Hy-Vee, Inc.. (Schuler, Kirk) |
| Magistrate Judge William Patrick Kelly added. Chief Magistrate Judge Helen C. Adams no longer assigned to case., Set/Reset Hearings: ***This is a change in judicial officer only*** Telephonic Status Conference set for 10:30 AM on 5/10/2023, 7/7/2023, 9/8/2023 and 11/14/2023. Hearings will be held before Magistrate Judge William Patrick Kelly. Counsel shall call 1-877-411-9748 and enter code 1376500. (kjw) |
| Filing 61 TEXT ORDER CANCELING STATUS CONFERENCE. Per #60 Report, the parties have no issues to discuss and are on track to meet their deadlines. The telephonic status conference set for 3/8/2023 is canceled. Signed by Chief Magistrate Judge Helen C. Adams on 3/7/2023. (amp) |
| Filing 60 NOTICE by Board of Directors of Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Hy-Vee, Inc. (joint) regarding status conference. (Davidson, Deborah) |
| Filing 59 PROTECTIVE ORDER. See Order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 2/15/2023. (amp) |
| Filing 58 STIPULATION ***Motion for*** Protective Order by Board of Directors of Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Hy-Vee, Inc.. (Davidson, Deborah) Modified on 2/14/2023 (bp - Correct Pleading and Resent NEF). |
| Set Deadlines/Hearings: Motions to Amend Pleadings due by 3/17/2023. (kjw) |
| Filing 57 TEXT ORDER granting #56 Motion for Leave to Appear Pro Hac Vice Stephen K. Dixon. Signed by Chief Magistrate Judge Helen C. Adams on 12/9/2022. (kjw) |
| Filing 56 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5001009 Fee paid in the amount of $100. by Board of Directors of Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Hy-Vee, Inc.. (Dixon, Stephen) |
Filing 55
ORDER REGARDING FINAL PRETRIAL CONFERENCE REQUIREMENTS. Signed by Chief Magistrate Judge Helen C. Adams on 12/8/2022. (Attachments: #1 Supplement Fillable FPTO, #2 Supplement JERS) (k)
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Filing 54
ORDER SETTING STATUS CONFERENCES. Telephonic Status Conference set for 10:30 AM on 3/8/2023, 5/10/2023, 7/7/2023, 9/8/2023, and 11/14/2023. Hearings will be held before Chief Magistrate Judge Helen C. Adams. Status reports due no less than 48-hours before Status Conference. See Order for additional instructions. Signed by Chief Magistrate Judge Helen C. Adams on 12/8/2022. (k)
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Filing 53
ORDER adopting #51 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN: Initial Disclosures Deadline 12/22/2022. Motions to Add Parties due by 3/17/2023. Plaintiffs to move for class certification by 4/14/2023. Fact Discovery Deadline 7/31/2023. Plaintiffs Expert Witness Disclosures due by 8/31/2023. Defendants Expert Witness Disclosures due by 10/2/2023. Plaintiffs Rebuttal Witness Disclosures due by 11/2/2023. Expert Discovery Deadline 12/1/2023. Dispositive Motion Deadline 12/21/2023. Final Pretrial Conference set for 6/5/2024 at 11:00 AM in Des Moines - Room 265 - 2nd Floor before Judge Stephen H. Locher. Bench Trial set for 6/24/2024 at 09:00 AM in Des Moines - Room 265 - 2nd Floor before Judge Stephen H. Locher. Estimated length 5 days. Signed by Chief Magistrate Judge Helen C. Adams on 12/8/2022. (k)
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| Filing 52 TEXT Minute Entry for proceedings held before Chief Magistrate Judge Helen C. Adams: Scheduling Conference held on 12/8/2022. Attorney Reavey appeared for Plaintiffs. Attorneys Glenn, Dixon, and Schuler appeared for Defendants. Orders to follow. Total time: 10 mins. (k) |
| Filing 51 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN . (Davidson, Deborah) |
| Filing 50 TEXT ORDER SETTING SCHEDULING CONFERENCE. Telephonic Scheduling Conference set for 12/8/2022 at 11:00 AM before Chief Magistrate Judge Helen C. Adams. Counsel shall call 1-877-336-1829 and enter code 1176783. The Parties shall file a proposed scheduling order and discovery plan as provided under L.R. 16 by 12/1/2022. Signed by Chief Magistrate Judge Helen C. Adams on 11/18/2022. (amp) |
| Filing 49 ANSWER to Complaint and Defenses by Board of Directors of Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Hy-Vee, Inc..(Davidson, Deborah) |
| Filing 48 TEXT ORDER granting for good cause shown #47 Motion for Extension of Time to Answer. Defendants shall respond to Plaintiffs' Complaint on or before 11/18/2022. Signed by Chief Magistrate Judge Helen C. Adams on 10/26/2022. (amp) |
| Filing 47 MOTION for Extension of Time to File Answer [Unopposed] by Board of Directors of Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Hy-Vee, Inc..Motions referred to Helen C. Adams. (Davidson, Deborah) |
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Filing 46
ORDER granting in part and denying in part #14 Motion to Dismiss for Failure to State a Claim. Signed by Judge Stephen H. Locher on 10/21/2022. (mm)
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| Filing 45 NOTICE by Board of Directors of Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Hy-Vee, Inc. re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Supplemental Authority. (Attachments: #1 Exhibit A - Matousek v. MidAmerican Energy Co.)(Davidson, Deborah) |
| Filing 44 TEXT ORDER granting #43 Motion to Withdraw as Attorney. The Clerk may terminate the appearance of Ms. Kelerchian. Signed by Chief Magistrate Judge Helen C. Adams on 10/7/2022. (amp) |
| Filing 43 MOTION to Withdraw as Attorney for Gabrielle Kelerchian by Tim Campbell, Heidi L. Detra, Michael P. Mansberger, Theresa L. Rodriguez, Zachary M. Shank.Motions referred to Helen C. Adams. Responses due by 10/21/2022. (Attachments: #1 Text of Proposed Order)(Kelerchian, Gabrielle) |
| Filing 42 NOTICE by Tim Campbell, Heidi L. Detra, Michael P. Mansberger, Theresa L. Rodriguez, Zachary M. Shank re #26 Response to Motion,, Plaintiffs' Notice of Supplemental Authority. (Attachments: #1 Exhibit A- Univar Solutions)(Gyandoh, Mark) |
| Filing 41 TRANSCRIPT of Proceedings re #39 Motion Hearing held on 09/21/22 before Judge Stephen H. Locher. Court Reporter: Tonya R. Gerke, Telephone Number: (515) 284-6444. Page Nos.: 1-35. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER. Redaction Request due 10/27/2022. Redacted Transcript Deadline set for 11/7/2022. Release of Transcript Restriction set for 1/4/2023. (trg) |
| Filing 40 NOTICE by Tim Campbell, Heidi L. Detra, Michael P. Mansberger, Theresa L. Rodriguez, Zachary M. Shank Plaintiffs' Notice of Supplemental Authority. (Attachments: #1 Exhibit A - Garnick v. Wake Forest)(Gyandoh, Mark) Modified on 10/5/2022 linked to motion #14 (kjw). |
| Filing 39 Minute Entry for proceedings held before Judge Stephen H. Locher: Motion Hearing held on 9/21/2022 re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Board of Directors of Hy-Vee, Inc.. Order to follow. (Court Reporter Tonya Gerke.) (pll) |
| Filing 38 NOTICE by Board of Directors of Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Hy-Vee, Inc. re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Supplemental Authority. (Attachments: #1 Exhibit A- Albert v. Oshkosh Corp., #2 Exhibit B - Mator v. Wesco Distribution, Inc.)(Davidson, Deborah) |
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Filing 37
TEXT ORDER: the Motion Hearing re #14 Motion to Dismiss is RESET for 9/21/2022 at 10:00 AM in Des Moines - Room 455 - 4th Floor South before Judge Stephen H. Locher. This is a change in courtroom only. Signed by Judge Stephen H. Locher on 9/1/2022. (mm)
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| Filing 36 NOTICE by Tim Campbell, Heidi L. Detra, Michael P. Mansberger, Theresa L. Rodriguez, Zachary M. Shank re #26 Response to Motion,, Plaintiffs' Notice of Supplemental Authority. (Attachments: #1 Exhibit A - Parker v. GKN North America)(Gyandoh, Mark) Modified on 8/31/2022 (bp - Added Link to #14 ). |
| Filing 35 NOTICE by Tim Campbell, Heidi L. Detra, Michael P. Mansberger, Theresa L. Rodriguez, Zachary M. Shank re #26 Response to Motion,, Plaintiffs' Notice of Supplemental Authority in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss. (Attachments: #1 Exhibit A - Nohara v. Preva Clinic (ED Wis. Aug. 23 2022), #2 Exhibit B - Berkelhammer v. ADP (D.N.J. Aug. 23 2022), #3 Exhibit C - Garcia v. Alticor - Order Denying Motion for Reconsideration and Dismissing Motion to Stay)(Gyandoh, Mark) Modified on 8/30/2022 (bp - Added link to #14 ). |
| Filing 34 Sealed Document - Email correspondence with the Court. (mm) |
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Filing 33
TEXT ORDER: following discussion with counsel, the Motion Hearing re #14 Motion to Dismiss is reset for 9/21/2022 at 10:00 AM in Des Moines - Room 265 - 2nd Floor before Judge Stephen H. Locher. Signed by Judge Stephen H. Locher on 8/12/2022. (mm)
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| Judge Stephen H. Locher added. Judge Rebecca Goodgame Ebinger no longer assigned to case., Set/Reset Hearings: Motion Hearing set for 8/22/2022 01:30 PM in Des Moines Courthouse before Judge Stephen H. Locher. ***This is a change in judicial officer only*** (kjw) |
| Filing 32 NOTICE by Tim Campbell, Heidi L. Detra, Michael P. Mansberger, Theresa L. Rodriguez, Zachary M. Shank Plaintiffs' Notice of Supplemental Authority. (Attachments: #1 Exhibit A - Coviello v. BHS)(Gyandoh, Mark) |
| Filing 31 NOTICE by Board of Directors of Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Hy-Vee, Inc. re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Supplemental Authority. (Davidson, Deborah) |
| Filing 30 NOTICE by Board of Directors of Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Hy-Vee, Inc. re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Supplemental Authority. (Davidson, Deborah) |
| Filing 29 AMICUS BRIEF by Chamber of Commerce of The United States. (btg) |
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Filing 28
TEXT ORDER Granting #19 Motion for Leave to Participate as Amicus Curiae and and directing the Clerk of Court to detach and file the amicus brief. Signed by Judge Rebecca Goodgame Ebinger on 6/15/2022. (h)
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| Filing 27 REPLY re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Board of Directors of Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Hy-Vee, Inc.. (Attachments: #1 Exhibit N)(Davidson, Deborah) |
| Filing 26 RESPONSE to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tim Campbell, Heidi L. Detra, Michael P. Mansberger, Theresa L. Rodriguez, Zachary M. Shank. Replies due by 6/7/2022. (Attachments: #1 Declaration of Mark Gyandoh, #2 Exhibit 1 - Alticor - Motion to Dismiss Denied, #3 Exhibit 2 - Moore v. Humana Order - Motion to Dismiss Denied, #4 Exhibit 3 - Johnson v. PNC, #5 Exhibit 4 - Matney v. Barrick - Motion for Reconsideration, #6 Exhibit 5 - Smith v. VCA Inc. et al (C.D. April 6 2022)(Gyandoh, Mark) |
| Filing 25 REPLY in Support re #19 MOTION for Leave to File Amicus Curiae filed by Chamber of Commerce of The United States.(Weinhardt, Mark) |
| Filing 24 RESPONSE to Motion re #19 MOTION for Leave to File Amicus Curiae filed by Tim Campbell, Heidi L. Detra, Michael P. Mansberger, Theresa L. Rodriguez, Zachary M. Shank. Replies due by 5/25/2022. (Attachments: #1 Declaration of Mark Gyandoh, #2 Exhibit A, #3 Exhibit B)(Gyandoh, Mark) |
| Filing 23 TEXT ORDER granting #22 Joint Motion to Extend Deadlines. Plaintiffs' response deadline to #14 Motion to Dismiss is extended to 5/31/2022. Defendants' reply deadline is extended to 6/14/2022. Signed by Chief Magistrate Judge Helen C. Adams on 5/13/2022. (k) |
| Filing 22 Joint MOTION for Extension of Time to File Answer re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Tim Campbell, Heidi L. Detra, Michael P. Mansberger, Theresa L. Rodriguez, Zachary M. Shank.Motions referred to Helen C. Adams. (Attachments: #1 Text of Proposed Order)(Gyandoh, Mark) |
| Filing 21 TEXT ORDER granting #20 Motion for Leave to Appear Pro Hac Vice Jaime A. Santos. Signed by Chief Magistrate Judge Helen C. Adams on 5/12/2022. (btg) |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4817566 Fee paid in the amount of $100. by Chamber of Commerce of The United States. (Santos, Jaime) |
| Filing 19 MOTION for Leave to File Amicus Curiae by Chamber of Commerce of The United States.Motions referred to Helen C. Adams. Responses due by 5/24/2022. (Attachments: #1 Brief in Support)(Weinhardt, Mark) |
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Filing 18
TEXT ORDER Setting Hearing Re: #14 Motion to Dismiss. Motion hearing is set for 8/22/2022 at 01:30 PM in Des Moines - Room 160- 1st Floor North before Judge Rebecca Goodgame Ebinger. Signed by Judge Rebecca Goodgame Ebinger on 5/6/2022. (h)
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| Filing 17 TEXT ORDER granting #16 Motion for Leave to Appear Pro Hac Vice Abbey M. Glenn. Signed by Chief Magistrate Judge Helen C. Adams on 5/4/2022. (kjw) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4810533 Fee paid in the amount of $100. by Board of Directors of Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Hy-Vee, Inc.. (Glenn, Abbey) |
| Filing 15 TEXT ORDER granting #13 Motion for Leave to Appear Pro Hac Vice Deborah S. Davidson. Signed by Chief Magistrate Judge Helen C. Adams on 5/4/2022. (kjw) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Board of Directors of Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Hy-Vee, Inc.. Responses due by 5/17/2022. (Attachments: #1 Memorandum in Support, #2 Declaration of Abbey M. Glenn, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M)(Davidson, Deborah) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4809214 Fee paid in the amount of $100. by Board of Directors of Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Hy-Vee, Inc.. (Davidson, Deborah) |
| Filing 12 Corporate Disclosure/Statement of Interest by Board of Directors of Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Hy-Vee, Inc.. (Schuler, Kirk) |
| Filing 11 NOTICE of Appearance by Kirk W. Schuler on behalf of Board of Directors of Hy-Vee, Inc., Hy-Vee and Affiliates 401(k) Plan Investment Committee, Hy-Vee, Inc. (Schuler, Kirk) |
| Filing 10 TEXT ORDER granting #8 Motion for Leave to Appear Pro Hac Vice Donald R. Reavey; granting #9 Motion for Leave to Appear Pro Hac Vice Gabrielle P. Kelerchian. Signed by Chief Magistrate Judge Helen C. Adams on 3/10/2022. (kjw) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4757957 Fee paid in the amount of $100. by Tim Campbell, Heidi L. Detra, Michael P. Mansberger, Theresa L. Rodriguez, Zachary M. Shank. (Attachments: #1 Cert of Good Standing - GPK)(Kelerchian, Gabrielle) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4757944 Fee paid in the amount of $100. by Tim Campbell, Heidi L. Detra, Michael P. Mansberger, Theresa L. Rodriguez, Zachary M. Shank. (Attachments: #1 Cert of Good Standing - DRR)(Reavey, Donald) |
| Filing 7 WAIVER OF SERVICE Returned Executed filed by Zachary M. Shank, Tim Campbell, Heidi L. Detra, Theresa L. Rodriguez, Michael P. Mansberger; Hy-Vee and Affiliates 401(k) Plan Investment Committee waiver served on 3/4/2022, answer due 5/3/2022. (Gyandoh, Mark) |
| Filing 6 WAIVER OF SERVICE Returned Executed filed by Zachary M. Shank, Tim Campbell, Heidi L. Detra, Theresa L. Rodriguez, Michael P. Mansberger; The Board of Directors of Hy-Vee, Inc. waiver served on 3/4/2022, answer due 5/3/2022. (Gyandoh, Mark) |
| Filing 5 WAIVER OF SERVICE Returned Executed filed by Zachary M. Shank, Tim Campbell, Heidi L. Detra, Theresa L. Rodriguez, Michael P. Mansberger; Hy-Vee, Inc. waiver served on 3/4/2022, answer due 5/3/2022. (Gyandoh, Mark) |
| Filing 4 TEXT ORDER granting #3 Motion for Leave to Appear Pro Hac Vice Mark K. Gyandoh. Signed by Chief Magistrate Judge Helen C. Adams on 3/7/2022. (kjw) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4753888 Fee paid in the amount of $100. by Tim Campbell, Heidi L. Detra, Michael P. Mansberger, Theresa L. Rodriguez, Zachary M. Shank. (Attachments: #1 Certificate of Good Standing)(Gyandoh, Mark) |
| Filing 2 Summons/Corporate Disclosure Packet Note: Counsel should download the attached summons and/or corporate disclosure packet, if applicable. In compliance with Rule 4 of the Rules of Civil Procedure for summons and Local Rule 7.1 for the disclosure statements. (Attachments: #1 7.1 packet) (kjw) |
| Filing 1 COMPLAINT against All Defendants Filing fee paid in the amount of $ 402, receipt number 0863-4747765., filed by Theresa L Rodriguez. Notice of Dismissal for lack of Service deadline set for 5/31/2022. Rule 16 Notice of Dismissal set for 5/31/2022. (Attachments: #1 Civil Cover Sheet)(Keller, Jeannette) |
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