Delaune v. Kinder Morgan Bulk Terminals, LLC et al
Defendant: Kinder Morgan Bulk Terminals, LLC, Rubicon, LLC, Michael A. Sassich, Matthew J. Notarangelo and William M. Weber
Petitioner: Cary Delaune
Case Number: 3:2023cv00360
Filed: May 10, 2023
Court: US District Court for the Middle District of Louisiana
Presiding Judge: John W deGravelles
Referring Judge: Erin Wilder-Doomes
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 6, 2023 Opinion or Order Filing 40 Notice to Counsel: In light of the pending #38 Motion to Remand, good cause is shown to defer entry of a scheduling order at this time. Per R. Doc. 24 no status report is due and the scheduling conference set for 7/20/2023 was canceled. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
June 29, 2023 Opinion or Order MOTION(S) REFERRED: #38 MOTION to Remand . This motion is now pending before the USMJ. (JEG)
June 28, 2023 Opinion or Order Filing 39 Exhibit(s) to #38 MOTION to Remand by Cary Delaune. (Attachments: #1 Exhibit A: Plaintiffs Original Petition for Damages filed with the 23rd Judicial District Court for the Parish of Ascension., #2 Exhibit B: Plaintiffs Pathology Report., #3 Exhibit C: Plaintiffs sworn affidavit relating to the allegations within the petition filed on his behalf., #4 Exhibit D: The deposition of Plaintiff, Cary Delaune., #5 Exhibit E: Correspondence and medical records from Plaintiffs allergist, Dr. Alegra V. Greib., #6 Exhibit E: Correspondence and medical records from Plaintiffs allergist, Dr. Alegra V. Greib., #7 Exhibit F: Results of Plaintiff Cary Delaunes allergy test., #8 Exhibit G: Correspondence and medical records from Dr. Glenn Gomes, MD., #9 Exhibit G: Correspondence and medical records from Dr. Glenn Gomes, MD.)(Rumph, Benjamin) Modified on 6/29/2023 to remove duplicate description of attachments. (JEG).
June 28, 2023 Opinion or Order Filing 38 MOTION to Remand by Cary Delaune (Attachments: #1 Attachment Memorandum in Support)(Rumph, Benjamin) Modified on 6/29/2023 to remove duplicate description of attachment. (JEG).
June 16, 2023 Opinion or Order Filing 37 NOTICE AND ORDER: The #35 Memorandum In Support of Amount in Controversy and and attached exhibits, filed by Defendant Kinder Morgan Bulk Terminals, LLC, adequately establish that the amount in controversy in this case is likely met, based on the nature of the Plaintiffs alleged injuries and treatment, including the need for oxygen 16 hours per day, past lost wages of at least $88,000, and lost future wages, as Plaintiff testified he is unable to return to his former employment. Remaining before the Court is the alleged improper joinder of non-diverse Defendants Michael A. Sassich, Matthew J. Notarangelo, and William Michael Billy Weber, against whom Defendants contend Plaintiff cannot state a claim (R. Doc. 1, pp. 12-17). Plaintiff claims that these Defendants personally owed him duties and committed battery against him (R. Doc. 1-1, 62-67). As Plaintiff currently asserts claims against non-diverse parties, IT IS ORDERED that, on or before June 30, 2023, Plaintiff may reurge a motion to remand, if Plaintiff believes he has a reasonable likelihood of recovery against Sassich, Notarangelo, and/or Weber. Any response is due within the time period set forth in the Local Civil Rules. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
June 14, 2023 Opinion or Order Filing 36 NOTICE Concerning the Amount in Controversy by Cary Delaune (Rumph, Benjamin) Modified on 6/14/2023 to edit title of document. (JEG).
June 13, 2023 Opinion or Order Filing 35 MEMORANDUM Concerning Amount in Controversy filed by Kinder Morgan Bulk Terminals, LLC, Matthew J. Notarangelo, Michael A. Sassich, William M. Weber. (Attachments: #1 Exhibit Plaintiff's Petition for Damages, #2 Exhibit Excerpts from Cary Delaune Deposition, #3 Exhibit Excerpts from Plaintiff's MIS of Motion to Remand)(Swaim, Frederick) Modified on 6/14/2023 to edit title of document. (JEG).
June 13, 2023 Opinion or Order Filing 34 ORDER: In light of the Court's Notice and Order (R. Doc. 32) to strike the Plaintiff's Motion to Remand (R. Doc. 21), the clerk of court is directed to strike exhibits to the Motion to Remand, R. Docs. 25-31. Signed by Magistrate Judge Erin Wilder-Doomes on 6/13/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
June 12, 2023 Opinion or Order Filing 33 Certificate of Interested Persons by Kinder Morgan Bulk Terminals, LLC identifying Corporate Parent Huntsman International LLC, Corporate Parent Huntsman Corporation, Corporate Parent Kinder Morgan, Inc., Corporate Parent LANXESS Corporation, Affiliate/Interested Person Galloway, Johnson, Tompkins, Burr & Smith, Affiliate/Interested Person Frederick W. Swaim III, Affiliate/Interested Person Cody W. Castle, Affiliate/Interested Person Kinder Morgan Bulk Terminals, LLC, Affiliate/Interested Person Forman Watkins & Krutz LLP, Affiliate/Interested Person Cary Delaune, Affiliate/Interested Person Jeremiah Boling, Affiliate/Interested Person Caroline Boling, Affiliate/Interested Person Benjamin Rumph, Affiliate/Interested Person LaCrisha McAllister, Affiliate/Interested Person Adam Whitworth, Affiliate/Interested Person Boiling Law Firm, Affiliate/Interested Person Michael A. Sassich, Affiliate/Interested Person Matthew J. Notarangelo, Affiliate/Interested Person William M. Weber, Affiliate/Interested Person Brendan N. Hughes, Affiliate/Interested Person Byron D. Kitchens, Affiliate/Interested Person Michelle M. Roy, Affiliate/Interested Person Taylor D. Waxley, Affiliate/Interested Person Rubicon, LLC for Kinder Morgan Bulk Terminals, LLC.. (Swaim, Frederick)
June 12, 2023 Opinion or Order Filing 32 NOTICE AND ORDER: The 21 Plaintiff's Motion to Remand is ordered STRICKEN from the record. On May 30, 2023, this Court ordered the parties to address amount in controversy and specifically stated that "[n]o party should further address the diversity of the parties until instructed by the Court." R. Doc. 11. Plaintiff's Motion to Remand violates the Court's instructions and challenges subject matter jurisdiction based on lack of diversity, a non-waivable issue. The striking of the Motion to Remand is without prejudice to Plaintiff filing a Motion to Remand on this or any issue at the appropriate time, as further instructed by the Court. Signed by Magistrate Judge Erin Wilder-Doomes on 6/12/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
June 12, 2023 Opinion or Order Filing 31 STRICKEN FROM THE RECORD Exhibit(s) to 21 MOTION to Remand by Cary Delaune. (Attachments: # 1 Exhibit Exhibit G: Correspondence and medical records from Dr. Glenn Gomes, MD., # 2 Exhibit Exhibit G: Correspondence and medical records from Dr. Glenn Gomes, MD.)(Rumph, Benjamin) Modified on 6/13/2023 to remove document as it has been stricken by Order #34 (LLH).
June 12, 2023 Opinion or Order Filing 30 STRICKEN FROM THE RECORD Exhibit(s) to 21 MOTION to Remand by Cary Delaune. (Attachments: # 1 Exhibit Exhibit F: Results of Plaintiff Cary Delaunes allergy test.)(Rumph, Benjamin) Modified on 6/13/2023 to remove document as it has been stricken by Order #34 (LLH).
June 12, 2023 Opinion or Order Filing 29 STRICKEN FROM THE RECORD Exhibit(s) to 21 MOTION to Remand by Cary Delaune. (Attachments: # 1 Exhibit Exhibit E: Correspondence and medical records from Plaintiffs allergist, Dr. Alegra V. Greib., # 2 Exhibit Exhibit E: Correspondence and medical records from Plaintiffs allergist, Dr. Alegra V. Greib.)(Rumph, Benjamin) Modified on 6/13/2023 to remove document as it has been stricken by Order #34 (LLH).
June 12, 2023 Opinion or Order Filing 28 STRICKEN FROM THE RECORD Exhibit(s) to 21 MOTION to Remand by Cary Delaune. (Attachments: # 1 Exhibit Exhibit D: The deposition of Plaintiff, Cary Delaune.)(Rumph, Benjamin) Modified on 6/13/2023 to remove document as it has been stricken #34 (LLH).
June 12, 2023 Opinion or Order Filing 27 STRICKEN FROM THE RECORD Exhibit(s) to 21 MOTION to Remand by Cary Delaune. (Attachments: # 1 Exhibit Exhibit C: Plaintiffs sworn affidavit relating to the allegations within the petition filed on his behalf.)(Rumph, Benjamin) Modified on 6/13/2023 to remove document as it has been stricken by Order #34 (LLH).
June 12, 2023 Opinion or Order Filing 26 STRICKEN FROM THE RECORD Exhibit(s) to 21 MOTION to Remand by Cary Delaune. (Attachments: # 1 Exhibit Exhibit B: Plaintiffs Pathology Report.)(Rumph, Benjamin) Modified on 6/13/2023 to remove document as it has been stricken by Order #34 (LLH).
June 12, 2023 Opinion or Order Filing 25 STRICKEN FROM THE RECORD Exhibit(s) to 21 MOTION to Remand by Cary Delaune. (Attachments: # 1 Exhibit Exhibit A: Plaintiffs Original Petition for Damages filed with the 23rd Judicial District Court for the Parish of Ascension.)(Rumph, Benjamin) Modified on 6/13/2023 to remove document as it has been stricken by Order #34 (LLH).
June 12, 2023 Opinion or Order Filing 24 Notice to Counsel: In light of the pending 21 Motion to Remand, good cause is shown to defer entry of a scheduling order at this time. The Scheduling Conference set for 7/20/2023 is CANCELED. No status report is due. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
June 12, 2023 Opinion or Order Filing 23 Notice of Deficiency with Administrative Procedure III(A)(1) as to 21 Motion to Remand,. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (LLH)
June 12, 2023 Opinion or Order MOTION(S) REFERRED: 21 MOTION to Remand . This motion is now pending before the USMJ. (LLH)
June 9, 2023 Opinion or Order Filing 22 ORDER granting #16 Ex Parte Motion to Strike R. Doc. 12. Signed by Magistrate Judge Erin Wilder-Doomes on 6/9/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
June 9, 2023 Opinion or Order Filing 21 STRICKEN FROM THE RECORD MOTION to Remand by Cary Delaune (Attachments: # 1 Attachment Memo in Support of Mtn to Remand, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E part 1, # 7 Exhibit F, # 8 Exhibit G part 1, # 9 Exhibit G part 2, # 10 Exhibit E part 2)(Rumph, Benjamin) Modified on 6/12/2023 to remove document as it has been stricken by Order #32 (LLH).
June 9, 2023 Opinion or Order Filing 20 Certificate of Interested Persons by Cary Delaune identifying Affiliate/Interested Person Benjamin Rumph, Affiliate/Interested Person Frederick W. Swaim III, Affiliate/Interested Person Brendan Hughes, Affiliate/Interested Person Cody Castle, Affiliate/Interested Person Jeremiah Boling, Affiliate/Interested Person LaCrisha McAllister, Affiliate/Interested Person Adam Whitworth, Affiliate/Interested Person Byron D. Kitchens, Affiliate/Interested Person Michelle M. Roy, Affiliate/Interested Person Taylor D. Waxley for Cary Delaune. (Rumph, Benjamin) Modified on 6/12/2023 to flatten and replace document (LLH).
June 9, 2023 Opinion or Order Filing 19 NOTICE OF DEFICIENCY with LR 7.1 as to #17 Answer to Complaint. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (JEG)
June 9, 2023 Opinion or Order Filing 18 NOTICE OF DEFICIENCY with LR 7.1 as to #15 Certificate of Interested Persons. Failure to add all listed interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (JEG)
June 9, 2023 Opinion or Order *** Add Interested Person by Rubicon, LLC identifying Corporate Parent Lanxess AG, Affiliate/Interested Person Huntsman International LLC, Affiliate/Interested Person Huntsman Corporation, Affiliate/Interested Person Lanxess Corporation for Rubicon, LLC. (Roy, Michelle)
June 9, 2023 Opinion or Order MOTION(S) REFERRED: #16 Ex Parte MOTION to Strike an Incorrectly Filed Document 12 Answer to Complaint with Jury Demand. This motion is now pending before the USMJ. (JEG)
June 9, 2023 Opinion or Order *** Add Interested Person by Kinder Morgan Bulk Terminals, LLC identifying Affiliate/Interested Kinder Morgan, Inc. to edit text for Kinder Morgan Bulk Terminals, LLC. (Roy, Michelle) Modified on 6/12/2023 (LLH).
June 8, 2023 Opinion or Order Filing 17 ANSWER, Affirmative Defenses to Complaint with Jury Demand by Kinder Morgan Bulk Terminals, LLC, Matthew J. Notarangelo, Michael A. Sassich, William M. Weber.(Swaim, Frederick) Modified on 6/9/2023 to edit title of document. (JEG).
June 8, 2023 Opinion or Order Filing 16 Ex Parte MOTION to Strike an Incorrectly Filed Document 12 Answer to Complaint with Jury Demand by Rubicon, LLC (Attachments: #1 Proposed Pleading; Proposed Order to Mtn to Strike)(Roy, Michelle)
June 8, 2023 Opinion or Order Filing 15 Certificate of Interested Persons by Rubicon, LLC (Roy, Michelle)
June 8, 2023 Opinion or Order Filing 14 NOTICE OF DEFICIENCY with LR 7.1 as to #13 Answer to Complaint. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (JEG)
June 7, 2023 Opinion or Order Filing 13 ANSWER to Complaint with Jury Demand by Rubicon, LLC.(Roy, Michelle)
June 7, 2023 Opinion or Order Filing 12 STRICKEN FROM THE RECORD ANSWER to Complaint with Jury Demand by Rubicon, LLC.(Roy, Michelle) Modified on 6/12/2023 to remove document as it has been stricken by Order #22 (LLH).
May 30, 2023 Opinion or Order Filing 11 NOTICE AND ORDER as to #1 Notice of Removal: On or before 6/13/2023, Defendant Kinder Morgan Bulk Terminals, LLC shall file a memorandum and supporting evidence concerning whether the amount in controversy requirement is met. On or before 6/27/2023, Plaintiff Cary Delaune shall address the amount in controversy issue by filing a Notice stating that Plaintiff does or does not dispute that KMBT has established the amount in controversy required under 28 U.S.C. 1332. Depending on the resolution of the amount in controversy issue, the parties may be instructed to address the lack of diversity. No party should further address the diversity of the parties until instructed by the Court. Signed by Magistrate Judge Erin Wilder-Doomes on 5/30/2023. (JEG)
May 18, 2023 Opinion or Order Filing 10 ORDER granting #9 Ex Parte MOTION for Extensions of Time to File Responsive Pleadings pursuant to Local Rule 7(a). Defendants Kinder Morgan Bulk Terminals, LLC, Michael A. Sassich, Matthew J. Notarangelo, and William M. Weber are granted an additional twenty-one (21) days within which to file responsive pleadings to the petition filed by the plaintiff, Cary Delaune, thereby extending the deadlines for these defendants to respond until June 7, 2023. Signed by Magistrate Judge Erin Wilder-Doomes on 5/18/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
May 18, 2023 Opinion or Order MOTION(S) REFERRED: #9 Ex Parte MOTION for Extensions of Time to File Responsive Pleadings. This motion is now pending before the USMJ. (BLR)
May 17, 2023 Opinion or Order Filing 9 Ex Parte MOTION for Extensions of Time to File Responsive Pleadings by Kinder Morgan Bulk Terminals, LLC (Attachments: #1 Proposed Order)(Swaim, Frederick) Modified to edit text and correct event type on 5/18/2023 (BLR).
May 16, 2023 Opinion or Order Filing 8 SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 7/20/2023 at 11:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 7/6/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 5/16/2023. (BLR)
May 12, 2023 Opinion or Order Filing 7 ORDER granting #5 Ex Parte Motion for Extension of Time to File Responsive Pleadings pursuant to Local Rule 7(a). Rubicon, LLC responsive pleadings due 6/7/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 5/12/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
May 12, 2023 Opinion or Order Filing 6 ORDER granting #3 MOTION to Substitute Pleading. The clerk is directed to replace R. Doc. 1 with R. Doc. 3-1. Signed by Magistrate Judge Erin Wilder-Doomes on 5/12/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
May 12, 2023 Opinion or Order MOTION(S) REFERRED: #5 MOTION for Extension of Time To File Responsive Pleadings, #3 MOTION to Substitute Pleading (Notice of Removal) . This motion is now pending before the USMJ. (ELW)
May 11, 2023 Opinion or Order Filing 5 MOTION for Extension of Time To File Responsive Pleadings by Rubicon, LLC (Attachments: #1 Attachment Proposed Order)(Roy, Michelle)
May 11, 2023 Opinion or Order Filing 4 Corporate Disclosure Statement by Rubicon, LLC identifying Corporate Parent Huntsman International LLC, Corporate Parent Huntsman Corporation, Corporate Parent LANXESS AG, Corporate Parent LANXESS Corporation for Rubicon, LLC.. (Roy, Michelle)
May 11, 2023 Opinion or Order Filing 3 MOTION to Substitute Pleading (Notice of Removal) by Kinder Morgan Bulk Terminals, LLC (Attachments: #1 Attachment Notice of Removal (Deficiencies Corrected))(Castle, Cody)
May 11, 2023 Opinion or Order Filing 2 Certificate of Interested Persons by Kinder Morgan Bulk Terminals, LLC identifying Affiliate/Interested Person Kinder Morgan, Inc. for Kinder Morgan Bulk Terminals, LLC. (Castle, Cody). Modified on 5/12/2023 to flatten and replace document (LLH).
May 11, 2023 Opinion or Order *** Add Interested Person by Kinder Morgan Bulk Terminals, LLC identifying Affiliate/Interested Person Huntsman International LLC, Affiliate/Interested Person Huntsman Corporation, Affiliate/Interested Person Kinder Morgan, Inc., Affiliate/Interested Person LANXESS Corporation, Affiliate/Interested Person Galloway, Johnson, Tompkins, Burr & Smith, Affiliate/Interested Person Benjamin Rumph, Affiliate/Interested Person Boling Law Firm, Affiliate/Interested Person Frederick W. Swaim III, Affiliate/Interested Person Brendan N. Hughes, Affiliate/Interested Person Cody W. Castle, Affiliate/Interested Person Cary Delaune, Affiliate/Interested Person Kinder Morgan Bulk Terminals, LLC, Affiliate/Interested Person Michael A. Sassich, Affiliate/Interested Person Matthew J. Notarangelo, Affiliate/Interested Person William M. Weber, Affiliate/Interested Person Jeremiah Boling, Affiliate/Interested Person Caroline Boling, Affiliate/Interested Person LaCrisha McAllister, Affiliate/Interested Person Adam Whitworth, Affiliate/Interested Person Forman Watkins & Krutz LLP, Affiliate/Interested Person Byron D. Kitchens, Affiliate/Interested Person Michelle M. Roy, Affiliate/Interested Person Taylor D. Waxley, Affiliate/Interested Person Rubicon, LLC for Kinder Morgan Bulk Terminals, LLC. (Castle, Cody)
May 10, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL from 23rd JDC,Ascension Parish, Case Number 136837, Div E. (Filing fee $ 402 receipt number ALAMDC-2580059), filed by Kinder Morgan Bulk Terminals, LLC. (Attachments: #1 Exhibit A - State Court Record, #2 Exhibit B - Certificate of Interested Parties, #3 Exhibit C - Declaration of Frederick W. Swaim III with Attachment, #4 Exhibit D - Rubicon's Consent to Removal, #5 Attachment Civil Cover Sheet)(Castle, Cody) (Attachment 2 replaced on 5/11/2023 to flatten document) (JEG). Modified on 5/11/2023 to edit State Court information and to remove duplicate description of attachments. (JEG). Modified on 5/15/2023 to replace removal as per Order #6 (LLH).

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Search for this case: Delaune v. Kinder Morgan Bulk Terminals, LLC et al
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Petitioner: Cary Delaune
Represented By: Jeremiah Spencer Boling
Represented By: Adam David Whitworth
Represented By: Benjamin David Rumph
Represented By: Caroline E Conway
Represented By: LaCrisha McAllister
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Defendant: Kinder Morgan Bulk Terminals, LLC
Represented By: Cody Willis Castle
Represented By: Brendan Nolan Hughes
Represented By: Frederick W. Swaim, III
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Defendant: Rubicon, LLC
Represented By: Michelle Miller Roy
Represented By: Byron D. Kitchens
Represented By: Taylor Rene Delrie Waxley
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Defendant: Michael A. Sassich
Represented By: Frederick W. Swaim, III
Represented By: Brendan Nolan Hughes
Represented By: Cody Willis Castle
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Defendant: Matthew J. Notarangelo
Represented By: Frederick W. Swaim, III
Represented By: Brendan Nolan Hughes
Represented By: Cody Willis Castle
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Defendant: William M. Weber
Represented By: Frederick W. Swaim, III
Represented By: Cody Willis Castle
Represented By: Brendan Nolan Hughes
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