Bennett v. Ross
Darlene Bennett |
Wilbur L. Ross, Jr. |
8:2020cv03428 |
November 24, 2020 |
US District Court for the District of Maryland |
Theodore D Chuang |
Civil Rights: Jobs |
Plaintiff |
Docket Report
This docket was last retrieved on January 19, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 71 Third AMENDED COMPLAINT against Wilbur L. Ross, Jr, filed by Darlene Bennett. (Attachments: #1 Redline Version)(ybs, Deputy Clerk) |
Filing 70 Correspondence Requesting status update on #67 MOTION Request for Electronic Filing of Documents/Request for Access/Password Through Pacer filed by Darlene Bennett (ybs, Deputy Clerk) |
Filing 69 ORDER granting #66 Motion for Leave to File a Third Amended Complaint; Denied as Moot #58 MOTION to Set Time for Response to Second Amended Complaint. Signed by Judge Theodore D. Chuang on 1/6/2021. (c/m 1/7/2021 nus, Deputy Clerk) |
Filing 65 (FILED IN ERROR) ORDER directing Plaintiff to file a new Opposition within seven days; vacating ECF No. #62 . Signed by Judge Theodore D. Chuang on 12/14/2020. (ybs, Deputy Clerk) Modified on 12/17/2020 (ybs, Deputy Clerk). |
Filing 63 Return Pleading ORDER. Signed by Judge Theodore D. Chuang on 12/14/2020. (Attachments: #1 First Page of Returned Document, #2 First Page of Returned Document)(c/m 12/15/2020 ybs, Deputy Clerk) |
Filing 68 RESPONSE in Opposition re #58 MOTION to Set Time for Response to Second Amended Complaint filed by Darlene Bennett.(ybs, Deputy Clerk) (Additional attachment(s) added on 12/17/2020: #1 Corrected Main Document) (ybs, Deputy Clerk). |
Filing 67 MOTION Request for Electronic Filing of Documents/Request for Access/Password Through Pacer by Darlene Bennett(ybs, Deputy Clerk) |
Filing 66 MOTION for Leave/Request Permission to File a Third Amended Complaint by Darlene Bennett (Attachments: #1 Text of Proposed Order)(ybs, Deputy Clerk) |
Filing 64 ORDER stating Bennett may file a new Opposition to Defendant's Request for Enlargement of Time within seven days of this Order with an original signature; Court's Order Granting Motion to Set Time for Response to Second Amended Complaint ("the Order") #62 , is vacated. Signed by Judge Theodore D. Chuang on 12/14/2020. (c/m jj2s, Deputy Clerk) |
Filing 62 ORDER granting #58 Motion to Set Time for Response to Second Amended Complaint; Defendant shall have sixty (60) days from the date of transfer of the case to this Court on November 25, 2020 to file an Answer or respond to Plaintiff s Second Amended Complaint, no later than January 25,2021. Signed by Judge Theodore D. Chuang on 12/11/2020. (c/m jj2s, Deputy Clerk) |
Filing 61 Consent to receive notice and service electronically by Darlene Bennett. The Court recommends that all documents received electronically be printed or saved for future reference.(ybs, Deputy Clerk) |
Filing 60 NOTICE of Pro Se Appearance by Darlene Bennett (ybs, Deputy Clerk) |
Filing 59 CASE MANAGEMENT ORDER. Signed by Judge Theodore D. Chuang on 12/3/2020. (c/m jj2s, Deputy Clerk) |
Filing 58 MOTION to Set Time for Response to Second Amended Complaint by Wilbur L. Ross, Jr (Attachments: #1 Text of Proposed Order)(Phillips, Kimberly) |
Filing 57 NOTICE of Appearance by Kimberly Phillips on behalf of Wilbur L. Ross, Jr (Phillips, Kimberly) |
Filing 56 Transfer Notification Letter to Pro Se party (c/m 11/25/2020 ybs, Deputy Clerk) |
Filing 55 Transfer Notification Letter to Counsel (c/m 11/25/2020 ybs, Deputy Clerk) |
Filing 54 Case transferred in from District of District of Columbia; Case Number 1:18-cv-02098. Original file certified copy of transfer order and docket sheet received. |
Filing 53 Case transferred to the USDC for the Maryland, pursuant to the Court Order entered 5/4/2020. Sent to Court via Extraction. (ztd) |
Filing 52 ORDER of USCA as to #45 Notice of Appeal filed by DARLENE BENNETT ; USCA Case Number 20-5145. (zrdj) |
Filing 51 Supplemental Record on Appeal transmitted to US Court of Appeals re Order on Motion to Amend/Correct, Order on Motion for Leave to File, ; USCA NO. 20-5145 (ztd) |
MINUTE ORDER: Denying without prejudice #50 Motion to Amend/Correct the Complaint. Plaintiff may seek permission to renew the motion upon resolution of the pending Appeal. The Clerk of the Court shall mail a copy of this order to: DARLENE BENNETT, 4414 Reamy Drive, Suitland, MD 20746. Signed by Judge Tanya S. Chutkan on 11/2/2020. (DJS) |
MINUTE ORDER: The hereby denies as MOOT Plaintiff's #44 Motion for Leave to File Second Motion for Reconsideration of Case Transfer in light of Plaintiff's pending appeal on this issue. The Clerk of the Court shall mail a copy of this order to: DARLENE BENNETT, 4414 Reamy Drive, Suitland, MD 20746. Signed by Judge Tanya S. Chutkan on 11/2/2020. (DJS) |
Filing 50 MOTION to Amend/Correct #1 Complaint by DARLENE BENNETT (ztd) |
Filing 49 ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/11/2020. (ztd) Modified on 5/26/2020 (ztd). |
NOTICE OF CORRECTED DOCKET ENTRY: re #49 Summons Returned Executed as to U.S. Attorney General was entered in error and refiled said pleading in the correct case. (ztd) |
Filing 48 ORDER of USCA as to #45 Notice of Appeal filed by DARLENE BENNETT ; USCA Case Number 20-5145. (zsb) |
USCA Case Number 20-5145 for #45 Notice of Appeal filed by DARLENE BENNETT. (zrdj) |
Filing 47 NOTICE by DARLENE BENNETT (ztd) |
Filing 46 Transmission of the Notice of Appeal,and Docket Sheet to US Court of Appeals. The fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re #45 Notice of Appeal. (ztd) |
Filing 45 NOTICE OF APPEAL by DARLENE BENNETT. Fee Status: No Fee Paid. Parties have been notified. (ztd) |
Filing 44 MOTION for Leave to File by DARLENE BENNETT (Attachments: #1 Exhibit Motion)(ztd) |
Filing 43 REPLY to opposition to motion re #40 MOTION to Transfer Case Back to the U.S. District Court for the District of Columbia re #39 Order Transferring Pro Se Case, filed by DARLENE BENNETT. (ztd) |
Filing 42 Memorandum in opposition to re #40 MOTION to Transfer Case Back to the U.S. District Court for the District of Columbia re #39 Order Transferring Pro Se Case, filed by WILBUR L. ROSS, JR. (Attachments: #1 Text of Proposed Order)(Caplen, Robert) |
Filing 41 NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of WILBUR L. ROSS, JR Substituting for attorney Michelle D. Jackson (Caplen, Robert) |
MINUTE ORDER: The court hereby treats the "Plaintiff's Motion to Transfer Case Back to the U.S. District Court for the District of Columbia" #40 as a motion to reconsider the court's order transferring this case to the United States District Court for the District of Maryland based on improper venue #39 . Plaintiff has not raised any legal arguments that justify reversing the transfer order. Accordingly, the motion is hereby DENIED. The Clerk of the Court shall mail a copy of this order to: DARLENE BENNETT, 4414 Reamy Drive, Suitland, MD 20746. Signed by Judge Tanya S. Chutkan on 5/6/2020. (DJS) |
Filing 40 MOTION to Transfer Case Back to the U.S. District Court for the District of Columbia re #39 Order Transferring Pro Se Case, by DARLENE BENNETT (ztd) |
Filing 39 ORDER: Transferring case to the Southern Division of the United States District Court for the District of Maryland. The Clerk of the Court shall mail a copy of this order to: DARLENE BENNETT, 4414 Reamy Drive, Suitland, MD 20746. Signed by Judge Tanya S. Chutkan on 5/4/2020. (zjd) |
Filing 38 RESPONSE re #33 MOTION to Dismiss filed by DARLENE BENNETT. (ztd) |
Filing 37 ORDER STRIKING Plaintiff's Response #34 to Defendant's Motion to Dismiss #33 . Plaintiff may refile the response by 6/1/2020. Response limited to 15 pages. The Clerk of the Court shall mail a copy of this order to: DARLENE BENNETT, 4414 Reamy Drive, Suitland, MD 20746. Signed by Judge Tanya S. Chutkan on 4/24/2020. (DJS) |
MINUTE ORDER: Consistent with this Court's orders (ECF No. #37 ; 2/27/20 Minute Order), Plaintiff's Supplemental Responses #35 #36 are hereby STRICKEN. Consistent with this Court's Order (ECF No. #37 ), by 6/1/2020 Plaintiff may file a SINGLE response (limited to 15 pages) to Defendant's Motion to Dismiss #33 . Supplemental or amended responses will not be permitted absent leave of court and for good cause shown. The Clerk of the Court shall mail a copy of this order to: DARLENE BENNETT, 4414 Reamy Drive, Suitland, MD 20746. Signed by Judge Tanya S. Chutkan on 4/24/2020. (DJS) |
Set/Reset Deadlines: Response due by 6/1/2020. (tb) |
Filing 36 STRICKEN FROM THE RECORD PURSUANT TO MINUTE ORDER FILED ON 04/24/2020.....Amended Memorandum in opposition to re #33 MOTION to Dismiss filed by DARLENE BENNETT. (ztd) (Main Document 36 replaced on 4/14/2020) (ztd). Modified on 4/24/2020 (tb). |
Filing 35 STRICKEN FROM THE RECORD PURSUANT TO MINUTE ORDER FILED ON 04/24/2020.....Amended Memorandum in opposition to re #33 MOTION to Dismiss filed by DARLENE BENNETT. (Attachments: #1 Text of Proposed Order)(td) Modified on 4/24/2020 (tb). |
MINUTE ORDER: Briefing on Defendant's Motion to Dismiss #33 is hereby STAYED pending further order of the court. The Clerk of the Court shall mail a copy of this Order to: DARLENE BENNETT, 4414 Reamy Drive, Suitland, MD 20746. Signed by Judge Tanya S. Chutkan on 2/27/20. (DJS) |
Filing 34 STRICKEN FROM THE RECORD PURSUANT TO MINUTE ORDER FILED ON 04/24/2020.....Memorandum in opposition to re #33 MOTION to Dismiss filed by DARLENE BENNETT. (td) Modified on 4/24/2020 (tb). |
Filing 33 MOTION to Dismiss by WILBUR ROSS (Attachments: #1 Text of Proposed Order)(Jackson, Michelle) |
Set/Reset Deadlines: Answer due by 2/24/2020. (tb) |
MINUTE ORDER granting in part and denying in part #31 Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the Amended Complaint by 2/24/2020. Going forward, the parties shall contact the opposing party for purposes of Local Rule 7(m) at least 24 hours prior to filing a non-dispositive motion. Signed by Judge Tanya S. Chutkan on 2/4/2020. (DJS) |
Filing 32 Memorandum in opposition to re #31 MOTION for Extension of Time to File Answer filed by DARLENE BENNETT. (ztd) |
Filing 31 MOTION for Extension of Time to File Answer by WILBUR ROSS (Attachments: #1 Text of Proposed Order)(Jackson, Michelle) |
Set/Reset Deadlines: Answer to second amended complaint due by 1/31/2020. (tb) |
Filing 30 AMENDED COMPLAINT against WILBUR ROSS with Jury Demand filed by DARLENE BENNETT.(ztd) |
MINUTE ORDER: Defendant shall answer or otherwise respond to the Second Amended Complaint by 1/31/2020. The Clerk of the Court shall mail a copy of this Order to: DARLENE BENNETT, 4414 Reamy Drive, Suitland, MD 20746. Signed by Judge Tanya S. Chutkan on 1/9/2020. (DJS) Modified on 1/9/2020 (DJS). |
MINUTE ORDER granting in part and denying in part #28 Motion for Leave to File Second Amended Complaint. Although Plaintiff's proffered Second Amended Complaint is difficult to decipher, the court must read her filings liberally. Accordingly, Plaintiff's motion is hereby GRANTED with respect to claims of discrimination and retaliation based on race. The motion is hereby DENIED without prejudice with respect to any purported claims based on age. In its prior order #27 , this court directed the Plaintiff to "clearly" set forth "which facts support her race claims and which facts-if any-support her age claims." ECF No. #27 , page 3. Plaintiff's proffered Second Amended Complaint is replete with factual assertions regarding Defendant's alleged favorable treatment of individuals outside of Plaintiff's protected class, but is lacking any factual allegations regarding age discrimination. Plaintiff stated two conclusory age related allegations that are devoid of facts: 1) "Plaintiff asserts Age Discrimination because the Plaintiff has seen where the older employees are being pushed out while the newer employees are much younger and these employee are all Caucasian and provide higher salaries"; and 2) "Mrs. Bennett is over the age of 40 and therefore is also filing to [sic] age discrimination." ECF No. #28 , Mot. to Amen. Pages 3, 11. Additionally, the paragraphs in Plaintiff's demand for relief section mention race, but not age. Accordingly, the court finds that Plaintiff's proffered Second Amended Complaint does not meet the requirements of Rule 8(a) with respect to purported claims of age discrimination. See F. R. Civ. P. 8(a) (requiring that complaints contain, inter alia, "a short and plain statement of the claim showing that the pleader is entitled to relief."). The Clerk of the Court shall mail a copy of this Order to: DARLENE BENNETT, 4414 Reamy Drive, Suitland, MD 20746. Signed by Judge Tanya S. Chutkan on 1/9/2020. (DJS) |
Filing 29 NOTICE OF SUBSTITUTION OF COUNSEL by Michelle D. Jackson on behalf of All Defendants Substituting for attorney Denise M. Clark (Jackson, Michelle) |
Filing 28 MOTION for Leave to Amend the Complaint by DARLENE BENNETT. (Attachments: #1 Exhibit - 2nd Amended Complaint, #2 Exhibits A - K) (ztth) |
Set/Reset Deadlines: Amended Pleading due by 11/4/2019. (tb) |
Filing 27 ORDER granting in part and denying in part #26 Motion to Amend/Correct the Amended Complaint. Granting #25 Motion for Extension of Time to Answer. Plaintiff may file a motion to amend the complaint by November 4, 2019. Defendant's obligation to answer is hereby stayed pending further order of the court. (See Order for further details). The Clerk of the Court shall mail a copy of this Order to: DARLENE BENNETT, 4414 Reamy Drive, Suitland, MD 20746. Signed by Judge Tanya S. Chutkan on 10/17/19. (DJS) |
MINUTE ORDER: Briefing on all pending motions is hereby STAYED pending further order of the court. The Clerk of the Court shall mail a copy of this Order to DARLENE BENNETT, 4414 Reamy Drive, Suitland, MD 20746. Signed by Judge Tanya S. Chutkan on 9/25/19. (DJS) |
Filing 26 MOTION to Amend/Correct #24 Amended Complaint by DARLENE BENNETT (Attachments: #1 Exhibit 2nd Amended Complaint, #2 Exhibit 2nd Amended Complaint Exhibits)(ztd) |
Filing 25 Unopposed MOTION for Extension of Time to Respond to Complaint by WILBUR ROSS (Clark, Denise) |
Filing 24 AMENDED COMPLAINT against WILBUR ROSS with Jury Demand filed by DARLENE BENNETT.(ztd) |
MINUTE ORDER: Granting #23 Motion to Amend/Correct. Defendant shall answer or otherwise respond to the Amended Complaint by 9/23/19. The Clerk of the Court shall mail a copy of this order to: DARLENE BENNETT, 4414 Reamy Drive, Suitland, MD 20746. Signed by Judge Tanya S. Chutkan on 8/22/19. (DJS) |
Set/Reset Deadlines: Defendant shall answer or otherwise respond to the Amended Complaint by 9/23/2019. (kt) |
Filing 22 ORDER prohibiting ex parte communications. To the extent the Defendant wishes to respond he shall do so by 8/5/19. The Clerk of the Court shall mail a copy of this order and attachment to: DARLENE BENNETT, 4414 Reamy Drive, Suitland, MD 20746. Signed by Judge Tanya S. Chutkan on 7/31/19. (Attachments: #1 Letter) (DJS) |
MINUTE ORDER: Granting #21 Unopposed Motion for Extension of Deadlines. The time for Defendant to respond to Plaintiff's amended complaint is hereby extended up to and including 30 calendar days after this Court issues its decision on Plaintiff's renewed motion to amend the complaint. The Clerk of the Court shall mail a copy of this order to: DARLENE BENNETT, 4414 Reamy Drive, Suitland, MD 20746. Signed by Judge Tanya S. Chutkan on 7/31/19. (DJS) |
Filing 23 MOTION to Amend/Correct #1 Complaint by DARLENE BENNETT (Attachments: #1 Exhibit Amended Complaint)(ztd) |
Filing 21 Unopposed MOTION for Extension of Time to REspond to Complaint by WILBUR ROSS (Clark, Denise) |
Set/Reset Deadlines: Renewed motion to amend due by 8/1/2019. (tb) |
Filing 20 ORDER denying without prejudice #15 Plaintiff's Motion to Amend/Correct the Complaint. Renewed motion to amend due 8/1/19 (see order for further details). The Clerk of the Court shall mail a copy of this order to: DARLENE BENNETT, 4414 Reamy Drive, Suitland, MD 20746. Signed by Judge Tanya S. Chutkan on 7/25/19. (DJS) |
Filing 19 ORDER denying #8 Defendant's Motion to Dismiss, or, in the Alternative, to Transfer. See Order for more details. Signed by Judge Tanya S. Chutkan on 7/19/2019. (lctsc3) |
Filing 18 MOTION for Status of Filed Motions by DARLENE BENNETT (jf) |
Filing 17 REPLY to opposition to motion re #15 MOTION to Amend/Correct #1 Complaint filed by DARLENE BENNETT. (ztd) |
Filing 16 Memorandum in opposition to re #15 MOTION to Amend/Correct #1 Complaint filed by WILBUR ROSS. (Clark, Denise) |
Filing 15 MOTION to Amend/Correct #1 Complaint by DARLENE BENNETT (Attachments: #1 Exhibit 1st Amended Complaint)(ztd) |
MINUTE ORDER: Plaintiff's Amended Complaint, ECF No. #14 is hereby STRICKEN for failing to comply with Local Civil Rules 7(i), 7(m) and 15.1, as well as Federal Rule of Civil Procedure 15(a)(1). The Clerk of the Court shall mail a copy of this order to: DARLENE BENNETT, 4414 Reamy Drive, Suitland, MD 20746. Signed by Judge Tanya S. Chutkan on 3/15/19. (DJS) |
Filing 14 STRICKEN PURSUANT TO MINUTE ORDER FILED ON 03/15/19.....AMENDED COMPLAINT against WILBUR ROSS with Jury Demand filed by DARLENE BENNETT.(ztd) Modified on 3/18/2019 (tb). |
Filing 13 REPLY to opposition to motion re #8 MOTION to Dismiss MOTION to Transfer Case filed by WILBUR ROSS. (Clark, Denise) |
MINUTE ORDER: It is hereby ordered that briefing on Defendant's Motion #8 to Dismiss is now closed. No further briefing shall be permitted on this motion, absent leave of court and for good cause. The Clerk of the Court shall mail a copy of this order to Plaintiff at her address of record. Signed by Judge Tanya S. Chutkan on 11/26/28. (DJS) |
Filing 12 Amended Memorandum in opposition to re #8 MOTION to Dismiss MOTION to Transfer Case filed by DARLENE BENNETT. (ztd) |
Filing 11 REPLY to opposition to motion re #8 MOTION to Dismiss MOTION to Transfer Case filed by WILBUR ROSS. (Clark, Denise) |
Set/Reset Deadlines: Response due by 12/14/2018. (tb) |
Filing 10 Memorandum in opposition to re #8 MOTION to Dismiss MOTION to Transfer Case filed by DARLENE BENNETT. (ztd) |
Filing 9 FOX NEAL ORDER advising plaintiff to respond or Court may deem matter as conceded. Response due by 12/14/2018 limited to 12 pages. The Clerk of the Court shall mail a copy of this order to the Plaintiff. Signed by Judge Tanya S. Chutkan on 11/15/18. (DJS) |
Filing 8 MOTION to Dismiss by WILBUR ROSS (Attachments: #1 Affidavit Lawrence Declaration)(Clark, Denise). Added MOTION to Transfer Case on 11/15/2018 (ztd). |
Filing 7 NOTICE of Appearance by Denise M. Clark on behalf of WILBUR ROSS (Clark, Denise) |
MINUTE ORDER: The court interprets the Plaintiff's "Notice" ECF No. #6 , as a Motion to Withdraw her request for a jury trial. Plaintiff's motion is hereby DENIED without prejudice. See F.R.C.P 38(d) ("The right of trial by jury as declared by the Seventh Amendment to the Constitution--or as provided by a federal statute--is preserved to the parties inviolate."); Allison v. Citgo Petroleum Corp., 151 F.3d 402, 423 (5th Cir. 1998) (noting that Title VII "grants both parties the right to demand a jury trial when compensatory and punitive damages are sought in intentional discrimination claims."). The Clerk of the Court shall mail a copy of this order to Plaintiff at her address of record. Signed by Judge Tanya S. Chutkan on 10/25/18. (DJS) |
MINUTE ORDER denying #5 Motion for CM/ECF Password. The Clerk of the Court shall mail a copy of this order to Plaintiff at her address of record. Signed by Judge Tanya S. Chutkan on 10/25/18. (DJS) |
Filing 6 MOTION for Order to change from jury trial to judge decision by DARLENE BENNETT; "LEAVE TO FILE GRANTED" signed by Judge Tanya Chutkan on 10/24/18 (ztd) |
Filing 5 MOTION for CM/ECF Password by DARLENE BENNETT (Attachments: #1 Exhibit); "LEAVE TO FILE GRANTED" signed by Judge Tanya Chutkan on 10/24/18(ztd) |
Filing 4 AMENDED ORDER: Advising pro se Plaintiff of her obligation to follow the FRCP, Local Rules and orders of the court, including rules regarding service of process. Failure to adhere to these rules or orders may result in dismissal of this action. The Clerk of the Court shall mail a copy of this order to: DARLENE BENNETT, 4414 Reamy Drive Suitland, MD 20746 (See order for further details). Signed by Judge Tanya S. Chutkan on 10/24/18. (DJS) |
Filing 3 ORDER: Advising pro se Plaintiff of her obligation to follow the FRCP, Local Rules and orders of the court. Failure to adhere to these rules or orders may result in sanctions, up to and including dismissal of this action. The Clerk of the Court shall mail a copy of this order to: DARLENE BENNETT, 4414 Reamy Drive Suitland, MD 20746 (See order for further details). Signed by Judge Tanya S. Chutkan on 10/15/18. (DJS) |
Filing 2 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/14/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/14/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 11/13/2018.) (ztd) |
Filing 1 COMPLAINT against WILBUR ROSS ( Filing fee $ 400, receipt number 4616094424) with Jury Demand filed by DARLENE BENNETT. (Attachment: #1 Civil Cover Sheet)(ztl) |
SUMMONS (3) Issued as to WILBUR ROSS, U.S. Attorney and U.S. Attorney General. (ztl) |
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Defendant: Wilbur L. Ross, Jr. | |
Represented By: | Denise M Clark |
Represented By: | Kimberly Phillips |
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Plaintiff: Darlene Bennett | |
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