Bienemy et al v. Chateau D'Orleans Apartments et al
Iris Rhodes, Cynthia Douglas and Roslynn Bienemy |
Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP, Chateau DOrleans Apartments, Unidentified Party, Chateau D'Orleans Apartments, Angela Valdery, 09876 Insurance Company, X2020-Insurance Company, AB45 101 Insurance Company and Gulfway Terrace Associates, LP doing business as Chateau D'Orleans Apartments |
2:2018cv05574 |
June 1, 2018 |
US District Court for the Eastern District of Louisiana |
New Orleans Office |
Orleans |
Janis van Meerveld |
Jane Triche Milazzo |
P.I.: Other |
28 U.S.C. § 1441 |
Both |
Docket Report
This docket was last retrieved on October 30, 2018. A more recent docket listing may be available from PACER.
Document Text |
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Filing 71 ORDER AND REASONS - IT IS ORDERED that the Motion to Remand to State Court (Rec. Doc. #17 ) is GRANTED. This Court lacks subject matter jurisdiction in this suit, and the case must be REMANDED to state court. Signed by Judge Jane Triche Milazzo on 10/30/2018. (sa) (Additional attachment(s) added on 10/30/2018: #1 Remand Letter to CDC) (sa). |
Filing 70 Response/Reply by Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP, Angela Valdery to #57 Order and Reasons (Hoffmann, Franklin) Modified text on 10/25/2018 (mm). |
Filing 69 ORDER CANCELLING ORAL ARGUMENT: Oral argument on Plaintiffs' #59 Motion for Leave to File Third Supplemental and Amended Complaint set for Wednesday, 10/24/2018, at 11:00 a.m., before Magistrate Judge Janis van Meerveld, is hereby CANCELLED. The Motion will be decided on the briefs. Signed by Magistrate Judge Janis van Meerveld on 10/23/2018.(ajn) |
Filing 68 RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #62 MOTION to Dismiss for Lack of Prosecution . (Baer, Jason) |
Filing 67 SUMMONS Returned Executed; Angela Valdery served on 10/17/2018, answer due 11/7/2018. (Baer, Jason) |
Filing 66 RESPONSE/MEMORANDUM in Opposition filed by Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP, Angela Valdery re #59 MOTION for Leave to File Third Supplemental And Amended Complaint . (Hoffmann, Franklin) |
Filing 65 ORDER granting #64 Motion for Extension of Time. IT IS ORDERED that the Motion is GRANTED. Defendants shall file their response to this Court's Oct. 2, 2018 Order and Reasons (Doc. 57) on or before October 26, 2018. Signed by Judge Jane Triche Milazzo on 10/15/2018. (sa) |
Filing 64 EXPARTE/CONSENT MOTION for extension of time to comply with order Doc. 57 by Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP, Angela Valdery. (Attachments: #1 Affidavit, #2 Proposed Order)(Hoffmann, Franklin) |
Filing 63 Correction of Docket Entry by Clerk re #62 MOTION to Dismiss. **1. Filing attorney selected incorrect event. Correct event is Motion to Dismiss for Lack of Prosecution. Clerk took corrective action. 2. Filing attorney selected only one relief for a multiple-relief motion. To select multiple reliefs, you must select all applicable reliefs by clicking the additional relief(s) under'Available Events' before clicking the Next button.** (mm) |
Filing 62 MOTION to Dismiss for Lack of Prosecution Pursuant to Rule 12(B)(5) and Motion for Joinder of Co-Defendants' Motions to Dismiss by Angela Valdery. Motion(s) will be submitted on 10/31/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)Attorney Franklin A. Drew Hoffmann added to party Angela Valdery(pty:dft).(Hoffmann, Franklin) Modified event on 10/11/2018 (mm). |
Filing 61 ORDER SETTING ORAL ARGUMENT: IT IS ORDERED that Oral Argument on Plaintiff's #59 MOTION for Leave to File Third Supplemental And Amended Complaint will be held on Wednesday, 10/24/2018 at 11:00 AM before Magistrate Judge Janis van Meerveld. Signed by Magistrate Judge Janis van Meerveld on 10/9/2018.(ajn) |
Filing 60 Correction of Docket Entry by Clerk re #59 MOTION for Leave to File Third Supplemental And Amended Complaint. **Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the Magistrate Judge. Clerk took corrective action.** (mm) Modified text on 10/9/2018 (mm). |
Filing 59 MOTION for Leave to File Third Supplemental And Amended Complaint by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 10/24/2018. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission, #4 Proposed Pleading, #5 Exhibit)(Baer, Jason) Modified referral on 10/9/2018 (mm). |
Filing 58 SUMMONS Returned Executed; Angela Valdery served on 9/19/2018, answer due 10/10/2018. (Baer, Jason) |
Filing 57 ORDER AND REASONS - The Court finds that Defendants have failed to adequately allege diversity of citizenship. IT IS ORDERED that Defendant is granted leave to file an Affidavit identifying the citizenship of Defendant Gulfway, within 10 days of this Order. Failure to timely file the Affidavit will result in dismissal for lack of subject matter jurisdiction. Signed by Judge Jane Triche Milazzo on 10/2/2018.(sa) |
Filing 56 REPLY to Response to Motion filed by Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP re #49 MOTION to Dismiss Omnibus Reurged Motion to Dismiss. (ecm) |
Filing 55 TEXT ORDER (No PDF Document Attached) granting #54 Motion for Leave to File Reply Memorandum to Defendants' Omnibus Motion to Dismiss. Signed by Judge Jane Triche Milazzo. (ecm) |
Filing 54 EXPARTE/CONSENT MOTION for Leave to File Reply to Plaintiffs Opposition to Omnibus Motion to Dismiss by Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Hoffmann, Franklin) Modified on 9/27/2018 (sa). |
Filing 53 RESPONSE to Motion filed by Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP re #50 MOTION for Leave to File to File a Second Supplemental and Amended Complaint . (Attachments: #1 Exhibit email)(Hoffmann, Franklin) |
Filing 52 Correction of Docket Entry by Clerk re #50 MOTION for Leave to File to File a Second Supplemental and Amended Complaint. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action. (sa) |
Filing 51 RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #49 MOTION to Dismiss Omnibus Reurged Motion to Dismiss . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Baer, Jason) |
Filing 50 EXPARTE/CONSENT MOTION for Leave to File to File a Second Supplemental and Amended Complaint by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes. (Attachments: #1 Exhibit, #2 Proposed Order, #3 Proposed Pleading)(Baer, Jason) Modified referral/text on 9/25/2018 (sa). |
Filing 49 MOTION to Dismiss Omnibus Reurged Motion to Dismiss by Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP. Motion(s) will be submitted on 10/3/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Hoffmann, Franklin) |
Filing 48 Summons Issued as to 09876 Insurance Company, AB45 101 Insurance Company, Gulfway Terrace Associates, LP, Angela Valdery, and X2020-Insurance Company. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(sa) |
Filing 47 Request of Summons Issued as to Unidentified Party filed by All Plaintiffs re #46 Amended Complaint. (Baer, Jason) |
Filing 46 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes.(Baer, Jason) |
Filing 45 ORDER AND REASONS: GRANTING in part and DENYING in part #14 MOTION for Leave to File Supplemental and Amended Complaint as set out in document. Oral argument set for 9/5/2018, is cancelled. Signed by Magistrate Judge Janis van Meerveld on 8/29/2018.(ajn) |
Filing 44 ORDER Granting #43 MOTION to Continue Oral Argument on Plaintiffs Motion for Leave to File a Supplemental and Amended Complaint. IT IS FURTHER ORDERED that Oral Argument on #14 MOTION for Leave to File Supplemental and Amended Complaint is reset and will be held on Wednesday, 9/5/2018 at 11:00 AM before Magistrate Judge Janis van Meerveld. Signed by Magistrate Judge Janis van Meerveld on 8/13/2018.(ajn) |
Filing 43 EXPARTE/CONSENT MOTION to Continue oral argument on Plaintiffs Motion for Leave to File a Supplemental and Amended Complaint by Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order)(Hoffmann, Franklin) |
Filing 42 ORDER: IT IS ORDERED that oral argument on Plaintiffs' #14 Motion for Leave to File a Supplemental and Amended Complaint will be held on Wednesday, August 15, 2018 at 11:00 a.m., before Magistrate Judge Janis van Meerveld, Courtroom B-309, Hale Boggs Building, 500 Poydras Street, New Orleans, Louisiana 70130. No further briefing will be allowed. Signed by Magistrate Judge Janis van Meerveld on 8/7/2018.(mmv) |
Filing 41 ORDER REFERRING MOTION - IT IS ORDERED that Rec. Doc. #14 MOTION for Leave to File Supplemental and Amended Complaint is REFERRED to Magistrate Judge Janis van Meerveld. Signed by Judge Jane Triche Milazzo on 8/2/2018. (NEF: Mag. 1)(sa) |
Filing 40 REPLY Memorandum filed by Roslynn Bienemy, Cynthia Douglas, and Iris Rhodes in Support of #14 MOTION for Leave to File Supplemental and Amended Complaint. (sa) |
Filing 39 TEXT ORDER (No PDF Document Attached) finding as moot #36 Motion to Expedite. Signed by Judge Jane Triche Milazzo on 7/25/18. (amc) |
Filing 38 TEXT ORDER (No PDF Document Attached) granting #35 Motion for Leave to File. Signed by Judge Jane Triche Milazzo on 7/25/18. (amc) |
Filing 37 Correction of Docket Entry by Clerk re #35 MOTION for Leave to File Reply Memo, and #36 MOTION to Expedite. Both of these motions are considered Exparte/Consent motions. Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?. Clerk has removed submission date. (sa) |
Filing 36 EXPARTE/CONSENT MOTION to Expedite Consideration of Plaintiffs' Motion for Leave to Reply to Defendants' Opposition to Plaintiffs' Motion for Leave to File a Supplemental and Amended Complaint by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Baer, Jason) Modified text/submission on 7/25/2018 (sa). |
Filing 35 EXPARTE/CONSENT MOTION for Leave to File Reply Memo to Defendants' Opposition to Plaintiffs' Motion for Leave to File a Supplemental and Amending Complaint by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading, #4 Notice of Submission)(Baer, Jason) Modified submission/text on 7/25/2018 (sa). |
Filing 34 RESPONSE/MEMORANDUM in Opposition filed by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes re #10 MOTION to Dismiss Pursuant to Rule 12(b)(6), and Alternatively Rule 12(b)(4) and (5), on behalf of John/Jane Doe. (sa) |
Filing 33 RESPONSE/MEMORANDUM in Opposition filed by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes re #8 MOTION to Dismiss Pursuant to Rule 12(b)(6), and Alternatively Rule 12(b)(4) and (5), Regarding Chateau D'Orleans Apartments. (sa) |
Filing 32 RESPONSE/MEMORANDUM in Opposition filed by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes re #6 MOTION to Dismiss Raising Specific Denial of Procedural Capacity, and Alternative Motion for More Definite Statement. (Attachments: #1 Exhibit, #2 Exhibit)(sa) |
Filing 31 ORDER granting Motions for Leave to file Late Oppositions, Rec. Docs. #28 , #29 , and #30 . IT IS ORDERED that the motions are GRANTED. The proposed pleadings shall be filed into the record. If needed, Defendants shall file replies by July 25, 2018. Signed by Judge Jane Triche Milazzo on 7/19/2018. (sa) |
Filing 30 MOTION for Leave to File Opposition to Defendants' Motion to Dismiss Pursuant to Rule 12(b)(6), and Alternatively Rule 12(b)(4) and (5), On Behalf of John/Jane Doe by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes. Motion(s) will be submitted on 8/8/2018. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission, #4 Proposed Pleading)(Baer, Jason) |
Filing 29 MOTION for Leave to File Opposition to Defendants' Motion to Dismiss Pursuant to Rule 12(b)(6), and Alternatively Rule 12(b)(4) and (5), Regarding Chateau D'Orleans Apartments by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes. Motion(s) will be submitted on 8/8/2018. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission, #4 Proposed Pleading)(Baer, Jason) |
Filing 28 EXPARTE/CONSENT MOTION for Leave to File Opposition to Defendants Motion to Dismiss Raising Specific Denial of Procedural Capacity, and Alternative Motion for More Definitive Statement by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Proposed Pleading, #4 Proposed Pleading)(Baer, Jason) |
Filing 27 Supplemental Memorandum filed by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes, in Support of #17 MOTION to Remand to State Court, MOTION for Attorney Fees, MOTION for Bill of Costs. (sa) |
Filing 26 TEXT ORDER granting #25 Motion for Leave to File. Signed by Judge Jane Triche Milazzo on 7/13/18. (amc) |
Filing 25 EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Support of Motion to Remand/Reply to Defendants' Opposition to Plaintiffs' Motion to Remand by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Baer, Jason) |
Filing 24 RESPONSE/MEMORANDUM in Opposition filed by Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP re #14 MOTION for Leave to File Supplemental and Amended Complaint . (Hoffmann, Franklin) |
Filing 23 ORDER that oral argument set for July 11, 2018 re #6 , #8 , #10 MOTIONS to Dismiss is CANCELED. Further Order granting #21 MOTION to Substitute Document. Plaintiff's originally filed #16 MOTION to Substitute is MOOT. Further Order denying #15 MOTION to Expedite Consideration of Plaintiffs' Motion for Leave to File Supplemental and Amended Complaint. Signed by Judge Jane Triche Milazzo.(ecm) |
Filing 22 TEXT ORDER granting #20 Motion to Enroll as Counsel of Record for Attorney Jason M. Baer, Casey Czajka DeReus, Joshua A Stein, Roderick Alvendia for plaintiffs, Roslynn Bienemy, Iris Rhodes and Cynthia Douglas. Signed by Judge Jane Triche Milazzo. (ecm) |
Filing 21 EXPARTE/CONSENT MOTION to Substitute Document by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Bell, Michael) |
Filing 20 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes. (Attachments: #1 Proposed Order)(Bell, Michael) |
Filing 19 RESPONSE/MEMORANDUM in Opposition filed by Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP re #17 MOTION to Remand to State Court MOTION for Attorney Fees MOTION for Bill of Costs . (Hoffmann, Franklin) |
Filing 18 Correction of Docket Entry by Clerk re #17 MOTION to Remand to State Court MOTION for Attorney Fees MOTION for Bill of Costs . ** 1. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action. **2. Filing attorney selected incorrect submission date. Correct date is 7/25/2018. Clerk took corrective action. (sa) |
Filing 17 MOTION to Remand to State Court , MOTION for Attorney Fees , MOTION for Bill of Costs by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes. Motion(s) will be submitted on 7/25/2018. (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Notice of Submission)(Bell, Michael) Modified referral/submission date/ text on 7/9/2018 (sa). |
Filing 16 EXPARTE/CONSENT MOTION to Substitute Document by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Bell, Michael) |
Filing 15 EXPARTE/CONSENT MOTION to Expedite #14 Consideration of Plaintiffs' Motion for Leave to File Supplemental and Amended Complaint by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes. (Attachments: #1 Proposed Order)(Bell, Michael) Modified on 7/9/2018 (sa). |
Filing 14 MOTION for Leave to File Supplemental and Amended Complaint by Roslynn Bienemy, Cynthia Douglas, Iris Rhodes. Motion(s) will be submitted on 7/25/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order, #4 Proposed Pleading)Attorney Michael T. Bell added to party Cynthia Douglas(pty:pla), Attorney Michael T. Bell added to party Iris Rhodes(pty:pla).(Bell, Michael) (Attachment 4 replaced on 7/10/2018) (ecm). Modified referral on 8/2/2018 (sa). |
Filing 13 ** DEFICIENT ** First MOTION to Remand to State Court , First MOTION for Attorney Fees , First MOTION for Bill of Costs by Roslynn Bienemy. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 7/2/2018. (Attachments: #1 Memorandum in Support, #2 Affidavit)(Bell, Michael) Modified on 7/3/2018 (sa). |
Filing 12 ORDER as to Requests for Oral Argument (Rec. Docs. #7 , #9 , and #11 ). IT IS ORDERED that the requests are GRANTED. Oral argument on the three pending Motions to Dismiss (Rec. Docs. #6 , #8 , and #10 ) is SET to take place on July 11, 2018 at 9:30 a.m. Each side shall have five minutes per motion in which to argue. The submission date of all motions remains unchanged. Signed by Judge Jane Triche Milazzo on 6/12/2018.(sa) |
Filing 11 Request/Statement of Oral Argument by Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP regarding #10 MOTION to Dismiss Pursuant to Rule 12(b)(6), and Alternatively Rule 12(b)(4) and (5), on behalf of John/Jane Doe (Hoffmann, Franklin) |
Filing 10 MOTION to Dismiss Pursuant to Rule 12(b)(6), and Alternatively Rule 12(b)(4) and (5), on behalf of John/Jane Doe by Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP. Motion(s) will be submitted on 6/27/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Affidavit)(Hoffmann, Franklin) |
Filing 9 Request/Statement of Oral Argument by Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP regarding #8 MOTION to Dismiss Pursuant to Rule 12(b)(6), and Alternatively Rule 12(b)(4) and (5), Regarding Chateau D'Orleans Apartments (Hoffmann, Franklin) |
Filing 8 MOTION to Dismiss Pursuant to Rule 12(b)(6), and Alternatively Rule 12(b)(4) and (5), Regarding Chateau D'Orleans Apartments by Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP. Motion(s) will be submitted on 6/27/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Hoffmann, Franklin) |
Filing 7 Request/Statement of Oral Argument by Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP regarding #6 MOTION to Dismiss Raising Specific Denial of Procedural Capacity, and Alternative Motion for More Definite Statement (Hoffmann, Franklin) |
Filing 6 MOTION to Dismiss Raising Specific Denial of Procedural Capacity, and Alternative Motion for More Definite Statement by Interstate Realty Management Company, Michaels Community Services Corporation, Michaels Development Company I LP. Motion(s) will be submitted on 6/27/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Hoffmann, Franklin) |
Filing 5 Statement of Corporate Disclosure by Michaels Community Services Corporation (Hoffmann, Franklin) |
Filing 4 Statement of Corporate Disclosure by Interstate Realty Management Company. (Hoffmann, Franklin) Modified filers/text on 6/7/2018 (sa). |
Filing 3 Correction re #1 Notice of Removal. Petition for Damages listed counsel of record for a party in this action who have not been admitted to practice in this court (Attorneys - James C. Harris, III and Keith A. Sanchez Sr. for plaintiffs) If these attorneys wish to continue representing the plaintiffs, they must be admitted as a member of this Court (L.R. 83.2.4). Please see Local Rule 83.2.2 for this Court's Procedures for Admission. (sa) |
Filing 2 Initial Case Assignment to Judge Jane Triche Milazzo and Magistrate Judge Janis van Meerveld. (cc) |
Filing 1 NOTICE OF REMOVAL with jury demand from Civil District Court, case number 2018-1097 (Filing fee $ 400 receipt number 053L-6920233) filed by Michaels Development Company I LP, Michaels Community Services Corporation, Interstate Realty Management Company. (Attachments: #1 Affidavit, #2 Exhibit Certificate of service and compliance, #3 Civil Cover Sheet, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)Attorney Franklin A. Drew Hoffmann added to party Interstate Realty Management Company(pty:dft), Attorney Franklin A. Drew Hoffmann added to party Michaels Community Services Corporation(pty:dft), Attorney Franklin A. Drew Hoffmann added to party Michaels Development Company I LP(pty:dft).(Hoffmann, Franklin) |
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