Progress Software, et al v. MySQL AB, et al
Progress Software Corporation and NuSphere Corporation |
MySQL AB, T.C.X DataKonsult AB, David Axmark, Michael Widenius and John Doe Corporation |
1:2001cv11031 |
June 18, 2001 |
US District Court for the District of Massachusetts |
Patti B Saris |
Contract: Other |
28 U.S.C. § 1332 |
Defendant |
Docket Report
This docket was last retrieved on December 17, 2002. A more recent docket listing may be available from PACER.
Document Text |
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Filing 110 Judge Patti B. Saris. Order entered granting [109-1] motion To release the $25,000. security on deposit with the registry of the court. It is hereby ORDERED that the funds in the amount of $25,000 provided by MySQL AB on or about 4/16/02 and held on deposit with the registry of this court, be and is hereby RELEASED. ORDERED that the clerk of the court is directed to issue a check in the amount of $25,000 made payablemto MySQL AB...cc/cl [EOD Date 12/17/02] (ms) |
Case closed. (ms) |
Judge Patti B. Saris. Endorsed Order entered granting [109-1] motion To release the $25,000. security on deposit with the registry of the court. Allowed without opposition. cc/cl [EOD Date 12/17/02] (ms) |
Filing 109 Motion by MySQL AB To release the $25,000. security on deposit with the registry of the court , filed. (ms) |
Filing 108 Mag. Judge Lawrence P. Cohen. In view of the Stipulation fo dismissal; Order entered mooting [83-1] motion to compel production of documents; mooting [91-1] motion to compel defts to make their witnesses available for their depositions and to respond to discovery and request for hearing. [EOD Date 11/19/02] (ms) |
Filing 107 Letter by Lisa A. Kershner dated: 11/12/02 to: Judge Cohen re: Finalized and reached a settlement, filed. (ms) |
Filing 106 Stipulation of dismissal by Progress Software, NuSphere Corporation, MySQL AB, T.C.X DataKonsult AB, David Axmark, Michael Widenius, John Doe Corporation, MySQL AB, Progress Software, NuSphere Corporation with prejudice, filed. (ms) |
Filing 105 Mag. Judge Lawrence P. Cohen. Scheduling Order entered Counsel should be prepared to address Pltfs motion to compel deft to make witnesses availabe at the hearing on 11/6/02. cc/cl. [EOD Date 10/31/02] (ms) |
Filing 103 Motion by MySQL AB for leave to file a supplement to MySQL AB motion to compel production of documents from progress filed. (ms) |
Filing 99 Judge Patti B. Saris. ORDER entered: referral to Mag. Judge Lawrence P. Cohen. referred Mag. Judge Lawrence P. Cohen: [91-1] motion to compel defts to make their witnesses available for their depositions and to respond to discovery and request for hearing. Purpose: determination . (ms) |
Filing 102 Mag. Judge Lawrence P. Cohen. Scheduling Order entered, Motion hearing before Mag. Judge Lawrence P. Cohen [83-1] motion to compel production of documents cc/cl. [EOD Date 10/25/02] (ms) |
Filing 101 Exhibits by MySQL AB, David Axmark, Michael Widenius [100-1] opposition response (ms) |
Filing 100 Response by MySQL AB, David Axmark, Michael Widenius in opposition to [91-1] motion to compel defts to make their witnesses available for their depositions and to respond to discovery and request for hearing , filed. (ms) |
Filing 98 Response by NuSphere Corporation, MySQL AB in opposition to [91-1] motion to compel defts to make their witnesses available for their depositions and to respond to discovery and request for hearing , filed. (ms) |
Filing 97 Letter by Progress Software by Andres N. Madrid dated: 10/11/02 to: Judge Cohen re: 9/30/02 order filed. (ms) |
Filing 96 Letter by Andres N. Madrid dated: 10/11/02 to: Sir.Madam re: 9/30/02 order filed. (ms) |
Filing 95 Letter by MySQL AB by Lisa A. Kershner dated: 10/11/02 to: Sir.Madam re: 9/30/02 order by Mag. Judge Cohen, filed. (ms) |
Filing 92 Declaration of Progress Software, NuSphere Corporation of Catherine M. McGrath, re: [91-1] motion to compel defts make their witnesses available for their depositions and to respond to discovery and request for hearing, filed. (ms) |
Filing 91 Motion by Progress Software, NuSphere Corporation to compel defts to make their witnesses available for their depositions and to respond to discovery and request for hearing , filed. (ms) |
Filing 90 Response by Progress Software, NuSphere Corporation in opposition to [88-1] motion for leave to file reply to progress/nusphere's opposition to deft/cntpltf motion to compel , filed. (ms) |
Filing 94 Mag. Judge Lawrence P. Cohen. Order entered. Unless all parties have filed a letter indicating that all parties do not object to this court continuing in its role in this matter and future matters on or before the close of business 10/14/02...this court will enter an order of recusal, and the matter will be returned to the district judge to whom this case is assigned. cc/cl [EOD Date 10/11/02] (ms) |
Filing 93 Mag. Judge Lawrence P. Cohen. Clerk's Notes: re: Telephone Conference; Court notifies counsel of Atty Crossen's professional serices in the past. Procedural order will issue for written responses from parties; if all parties do not consent to continued participation of this Mag. Judge, he will recuse himself. Court Reporter: Not recorded (ms) |
Telephone conf. held. (ms) |
Filing 89 Mag. Judge Lawrence P. Cohen. Clerk's Notes: re: Telephone Conference. Court notifies counsel of atty Crossen professional services performed in a family matter in the past. Procedural order will issue for written responses from parties; if all parties do not consent to continued participation of this Mag. Judge, He will recuse himself. Court Reporter: Not recorded (ms) |
telephone conference Hearing held . (ms) |
Filing 88 Motion by MySQL AB for leave to file reply to progress/nusphere's opposition to deft/cntpltf motion to compel , filed. (ms) |
Filing 87 Judge Patti B. Saris. ORDER entered: referral to Mag. Judge Lawrence P. Cohen. referred Mag. Judge Lawrence P. Cohen: [83-1] motion to compel production of documents. Purpose: Determination . (ms) |
Filing 86 Declaration of Olivia Milonas, re: [85-1] opposition response, filed. (ms) |
Filing 85 Response by Progress Software, NuSphere Corporation in opposition to [83-1] motion to compel production of documents, filed. (ms) |
Filing 84 Notice of certificate of good faith effort to resolve discovery dispute, by MySQL AB , filed. (ms) |
Filing 83 Motion by MySQL AB to compel production of documents , filed. (ms) |
Judge Patti B. Saris. Endorsed Order entered denying [82-1] joint motion to modify Discovery Schedule. The parties may internally adjust the deadlines as long as the motion for Summary Judgement be filed by 12/23/02. cc/cl [EOD Date 7/17/02] (ms) |
Filing 82 Joint motion by Progress Software, NuSphere Corporation, MySQL AB, Progress Software, NuSphere Corporation to modify Discovery Schedule , filed. c/s. (ms) |
Case no longer referred to ADR. (ms) |
Filing 81 Report by Robert Collings of Alternative Dispute Resolution proceedings. The case was: referred in error and should be returned to District Judge Trial List. (ms) |
Filing 80 Mandate of US Court of Appeals re: [74-1] appeal dismissing [74-1] appeal. (jr) |
Record on appeal returned from U.S. Court of Appeals, re: [74-1] appeal. (jr) |
Terminated document: [53-1] motion request for the court to set a date certain by which MYSQL AB must file and serve its reply papers, [59-1] motion and in the alternative, Plaintiffs motion to adjourn the hearing date of MySQL AB's motion for Preliminary Injunction and for leave to serve a surreply. (issue previously decided by court action.) Requested by RCA. (rca) |
Filing 79 Mag. Judge Robert B. Collings. Notice of mediation: set ADR Conference for 10:30 8/16/02 before Mag. Judge Robert B. Collings . (ms) |
Filing 78 Notice of assignment of ADR Provider issued. Assigned to: Mag Judge Collings for: mediation (ms) |
Filing 77 Judge Patti B. Saris. Order entered granting [76-1] motion for acceptance of alternative security in lieu of bond. cc/cl [EOD Date 4/22/02] (ms) |
Judge Patti B. Saris. Endorsed Order entered granting [76-1] motion for acceptance of alternative security in lieu of bond. cc/cl [EOD Date 4/22/02] (ms) |
Filing 75 Transcript of proceedings for held on proceeding date: 2/27/02 before Judge: Saris. Court Reporter: Marie Cloonan (ms) |
Filing 76 Motion by MySQL AB for acceptance of alternative security in lieu of bond , filed. (ms) |
US Court of Appeals Case Number assigned to [74-1] appeal: USCA NUMBER: 02-1402. (jr) |
Certified copy of docket and record on appeal forwarded to U.S. Court of Appeals re: [74-1] appeal. (jr) |
Filing 74 Notice of appeal by Progress Software, NuSphere Corporation filed. Fee Status: pd Fee Amount: $ 105.00 Receipt #: 38105 Appealing: [65-1] order. Appeal record due on 4/13/02 (ms) |
Filing 73 Judge Patti B. Saris. Notice of Motion Hearing/Pre-trial conference: reset Motion hearing/pretrial conference for 2:00 1/28/03 cc/cl. (ms) |
Filing 71 Letter by William F. Ryan Jr. dated: 3/1/02 to: Judge Saris re: Mr. Browns Letter filed. (ms) |
Filing 69 Report of Alternative Dispute Resolution proceedings. The case was: not settled (fmr) |
Case no longer referred to ADR. (fmr) |
Filing 72 Letter by William F. Ryan Jr. dated: 3/1/02 to: Judge Saris re: Mr. Browns Letter filed. (ms) |
Filing 70 Letter by Progress Software, by Peter Brown dated: 3/1/02 to: Judge Saris re: Preiliminary injunction filed. (ms) |
Filing 68 Mag. Judge C. B. Swartwood III . Clerk's Notes: re: mediation/ADR Parties present for negotiations. Case not settled. Case to be returned to DJ. (fmr) |
Filing 65 Judge Patti B. Saris. Order entered granting in part, denying in part [24-1] motion for preliminary injunction. "...For the reasons set forth above, MySQL's motion for preliminary injunction (docket #24) is GRANTED in part and DENIED in part." [EOD Date 2/28/02] (ms) |
Filing 67 Judge Patti B. Saris. Clerk's Notes: re: Motion hearing held on motion for preliminary injunction. Court hears argument of counsel; [24-1] motion for preliminary injunction taken under advisement. Scheduling conference held: Fact discovery due 8/31/02. Expert depositions by 10/30/02. set summary judgment motion filing deadline for 12/25/02 . Court orders parties to attend mediation ASAP. Court Reporter: Marie Cloonan (sat) |
Motion hearing re: [24-1] motion for preliminary injunction (sat) |
Filing 66 Judge Patti B. Saris . Order of reference entered for Alternative Dispute Resolution. Referred to: Mediation (ms) |
Judge Patti B. Saris. Endorsed Order entered granting [61-1] motion for leave to file a Surreply in further opposition to MySQL AB's motion for preliminary inj. cc/cl [EOD Date 2/27/02] (ms) |
Filing 63 Surreply by Progress Software, NuSphere Corporation in opposition to [24-1] motion for preliminary injunction filed. (ms) |
Filing 62 Surreply Declaration of D. Britton Johnston, filed. (ms) |
Filing 61 Motion by Progress Software, NuSphere Corporation for leave to file a Surreply in further opposition to MySQL AB's motion for preliminary inj. , filed.c/s (ms) |
Filing 60 Answer by MySQL AB, David Axmark, Michael Widenius to amended complaint, filed. jury demand c/s (ms) |
Judge Patti B. Saris. Endorsed Order entered granting [55-1] motion for leave to file reply to plaintiffs opposition to MySQL AB's motion for Preliminary Inj., granting [55-2] motion for leave to file reply in excess of 20 pages. cc/cl [EOD Date 2/25/02] (ms) |
Filing 59 Motion by Progress Software, NuSphere Corporation and in the alternative, Plaintiffs motion to adjourn the hearing date of MySQL AB's motion for Preliminary Injunction and for leave to serve a surreply , filed. c/s (ms) |
Filing 58 Response by MySQL AB in opposition to [55-1] motion for leave to file reply to plaintiffs opposition to MySQL AB's motion for Preliminary Inj., [55-2] motion for leave to file reply in excess of 20 pages, filed. c/s (ms) |
Filing 57 Index of Exhibits by MySQL AB [56-1]re: reply to Progress' opposition to motion for PI. (ms) |
Filing 56 Reply by MySQL AB to [51-1] opposition response by Progress to motion for PI, filed.c/s (ms) |
Filing 55 Motion by MySQL AB for leave to file reply to plaintiffs opposition to MySQL AB's motion for Preliminary Inj. , and for leave to file reply in excess of 20 pages , filed.c/s (ms) |
Filing 64 Notice of copy of letter to Catherine & Andy by Lisa A. Kershner, filed. (ms) Modified on 02/27/2002 |
Filing 54 Amended complaint by Progress Software, NuSphere Corporation filed. Amended complaint amends [1-1] complaint; amending pleadings. c/s . (ms) |
Filing 53 Motion by Progress Software request for the court to set a date certain by which MYSQL AB must file and serve its reply papers , filed.c/s (ms) |
Filing 52 Judge Patti B. Saris. Notice of Rescheduled motion hearing: Motion hearing before Judge Patti B. Saris set for 2:00 2/27/02 for [24-1] motion for preliminary injunction .cc/cl (ms) |
Judge Patti B. Saris. Endorsed Order entered granting [48-1] motion for leave to file a memorandum exceeding 20 pages. cc/cl. [EOD Date 1/9/02] (ms) |
Filing 51 Memorandum of Law by Progress Software, NuSphere Corporation in opposition to [24-1] motion for preliminary injunction, filed. (ms) |
Filing 50 Declaration of Bruce F. Webster and D.Britton Johnston, Progress Software, NuSphere Corporation , re: , filed. (ms) |
Filing 49 Declaration of Catherine M. McGrath, re: [48-1] motion for leave to file a memorandum exceeding 20 pages, filed. (ms) |
Filing 48 Motion by Progress Software, NuSphere Corporation for leave to file a memorandum exceeding 20 pages , filed.c/s (ms) |
Filing 47 Judge Patti B. Saris. Order of reference entered for Alternative Dispute Resolution. for: Mediation (ms) |
Filing 46 Judge Patti B. Saris. Notice of Motion Hearing: Motion hearing before Judge Patti B. Saris set for 9:00 1/22/02 for [24-1] motion for preliminary injunction .cc/cl (ms) |
Filing 45 Judge Patti B. Saris. Clerk's Notes: re: Scheduling conference, set fact discovery due for 5/15/02 ,Expert discovery deadline 8/15/02 set S/J motion filing deadline for 10/18/01 , Response to S/J motion deadline 11/1/02; replys by 11/15/01; surreplys by 11/29/01 , set pretrial conference for 2:00 12/18/02 before Judge Patti B. Saris Case to be referred to ADR program for mediation in summer 2002. (ms) |
Scheduling conference held. (ms) |
Judge Patti B. Saris. Endorsed Order entered granting [34-1] motion to extend time to 12/17/01 to file thier oppositions to deft. motion for PI. Allowed until 1/7/02 cc/cl.[EOD Date 12/20/01] (ms) |
Filing 43 Plaintiffs Reply by Progress Software, NuSphere Corporation in further support of [34-1] motion to extend time to 12/17/01 to file thier oppositions to deft. motion for PI , filed. (ms) Modified on 12/19/2001 |
Filing 42 Letter by Progress Software, NuSphere Corporation by Catherine M. McGrath dated: 12/14/01 to: Judge Saris re: reply filed. (ms) |
Filing 41 Reply in further support by Progress Software, NuSphere Corporation to [34-1] motion to extend time to 12/17/01 to file thier oppositions to deft. motion for PI, filed. c/s (ms) |
Filing 40 Motion by Progress Software, NuSphere Corporation for leave to file a reply to deft. opposition , filed. (ms) |
Judge Patti B. Saris. Endorsed Order entered granting [40-1] motion for leave to file a reply to deft. opposition [EOD Date 12/14/01]cc/cl. (ms) |
Filing 39 Affidavit of Lisa A. Kershner, re: [38-1] opposition response, filed. (ms) |
Filing 38 Response by NuSphere Corporation, MySQL AB, T.C.X DataKonsult AB, David Axmark, Michael Widenius, John Doe Corporation in opposition to [34-1] motion to extend time to 12/17/01 to file thier oppositions to deft. motion for PI filed. c/s (ms) |
Filing 37 Joint statement by Progress Software, NuSphere Corporation, MySQL AB, David Axmark, Michael Widenius, re: local rule 16.1(d), filed. (ms) |
Filing 36 Declaration of Progress Software, Catherine M. McGrath, re: [35-1] support memorandum, [34-1] motion to extend time to 12/17/01 to file thier oppositions to deft. motion for PI filed. (ms) |
Filing 35 Memorandum by Progress Software in support of [34-1] motion to extend time to 12/17/01 to file thier oppositions to deft. motion for PI, filed.c/s (ms) |
Filing 34 Motion by Progress Software to extend time to 12/17/01 to file thier oppositions to deft. motion for PI , filed. (ms) |
Filing 33 Memorandum of law by MySQL AB in support of motion for Preliminary Injunction, filed. (ms) |
Terminated document: [5-1] motion to disqualify attorney Gary Crossen and Rubin & Rudman, LLP as counsel for defendants. (motion previously withdrawn) Requested by rca. (rca) |
Judge Patti B. Saris. Endorsed Order entered granting [27-1] motion for Peter Brown, Cathrine M. McGrath, and Andres N. Madrid to appear pro hac vice fee status: paid, fee amt: 150.00 #: Added. cc/cl [EOD Date 12/4/01] (ms) |
Filing Fee Paid for pro hac vice filed on 11/30/01. Receipt #: 35471; Amount:$ 150.00. (Doc.#27) (ms) |
Judge Patti B. Saris. Endorsed Order entered granting [31-1] motion for leave to file Memorandum in excess of 20 pages. cc/cl. [EOD Date 12/4/01] (ms) |
Filing 31 Motion by MySQL AB for leave to file Memorandum in excess of 20 pages , filed.c/s (ms) |
Filing 30 Affidavit of Andres N. Madrid, re: [27-1] motion for Peter Brown, Cathrine M. McGra to appear pro hac vice fee status: not paid fee amt: 150.00 Receipt #: , filed. (ms) |
Filing 29 Affidavit of Catherine M. McGrath, re: [27-1] motion for Peter Brown, Cathrine M. McGra to appear pro hac vice fee status: not paid fee amt: 150.00 Receipt #:, filed. (ms) |
Filing 28 Affidavit of Peter Brown, re:[27-1] motion for Peter Brown, Cathrine M. McGra to appear pro hac vice fee not paid fee amt: 150.00 Receipt #:, filed. (ms) |
Filing 27 Motion by Progress Software, NuSphere Corporation for Peter Brown, Cathrine M. McGra to appear pro hac vice fee status: not paid fee amt: 150.00 Receipt #: , filed. (ms) |
Filing 26 Exhibits by MySQL AB [25-1] memorandum, [24-1] motion for preliminary injunction (ms) |
Filing 25 Memorandum of law by MySQL AB in support of counter-plaintiff's motion preliminary Injunction filed. (ms) |
Filing 24 Motion by MySQL AB for preliminary injunction , filed. (ms) |
Filing 23 Judge Patti B. Saris . Procedural Order entered re: Pretrial/Trial; within 14 days after the meeting required by Fed R.Civ.P. 26(f) and LR 16.1(B),the parties shall exchange: (1) all relevant documents, or a description of all such documents, in accordance with LR 26.2(A), and (2) sworn statements disclosing all information identified by LR 26.1(B)cc/cl. . [EOD Date 10/31/01] (ms) |
Filing 22 Judge Patti B. Saris . Notice of Hearing/conference: set scheduling conference for 2:45 12/19/01 cc/cl. . (ms) |
Filing 21 Answer by Michael Widenius to complaint; jury demand, filed .c/s (fmr) |
Filing 20 Return of service executed as to Michael Widenius with service on 9/10/01 filed. Answer due on 9/30/01 for Michael Widenius (pc) |
Filing 19 Reply/response by Progress Software, NuSphere Corporation to [4-1] counterclaim, filed, c/s. (pc) |
Filing 18 Return of service executed as to David Axmark with service on 6/15/01 filed. Answer due on 7/5/01 for David Axmark (pc) |
Filing 17 Return of service executed as to MySQL AB with service on 6/15/01 filed. Answer due on 7/5/01 for MySQL AB (pc) |
Terminated document: granting [16-1] motion to withdraw [5-1] motion to disqualify attorney Gary Crossen and Rubin & Rudman, LLP as counsel for defendants, cc/cl. (pc) |
Filing 16 Motion by Progress Software, NuSphere Corporation to withdraw [5-1] motion to disqualify attorney Gary Crossen and Rubin & Rudman, LLP as counsel for defendants , filed, c/s. (pc) |
Judge Patti B. Saris. Endorsed Order entered granting [14-1] motion to extend time to September 4, 2001 to answer, move or respond to the counterclaim. [EOD Date 8/1/01], cc/cl. (pc) |
Judge Patti B. Saris. Endorsed Order entered granting [15-1] motion to extend time to August 8, 2001 to respond to Motion to Disqualify Attorney Gary Crossen and Rubin & Rudman as counsel for defendants. "Motion ALLOWED. Extension granted through and including August 8, 2001." [EOD Date 8/1/01], cc/cl. (pc) |
Filing 15 Assented-to Motion by MySQL AB, David Axmark to extend time to August 8, 2001 to respond to Motion to Disqualify Attorney Gary Crossen and Rubin & Rudman as counsel for defendants , filed. (pc) |
Filing 14 Assented-to Motion by Progress Software, NuSphere Corporation to extend time to September 4, 2001 to answer, move or respond to the counterclaim , filed. (pc) |
Judge Patti B. Saris. Endorsed Order entered granting [9-1] motion for William F. Ryan, Jr., Lisa Kershner, Steven E. Tiller, Ilana Subar to appear pro hac vice fee status: pd fee amt: 200.00 Receipt #: 32586 Added William F. Ryan Jr., Lisa A. Kershner, Steven E. Tiller, Ilana Subar. [EOD Date 7/23/01], cc/cl. (pc) |
Filing 8 Affidavit of Progress Software, NuSphere Corporation of Andres N. Madrid , re: [5-1] motion to disqualify attorney Gary Crossen and Rubin & Rudman, LLP as counsel for defendants, filed, c/s. (pc) |
Filing 7 Affidavit of Progress Software, NuSphere Corporation , re: [5-1] motion to disqualify attorney Gary Crossen and Rubin & Rudman, LLP as counsel for defendants, filed, c/s. (pc) |
Filing 6 Memorandum by Progress Software, NuSphere Corporation in support of [5-1] motion to disqualify attorney Gary Crossen and Rubin & Rudman, LLP as counsel for defendants, filed, c/s. (pc) |
Filing 5 Motion by Progress Software, NuSphere Corporation to disqualify attorney Gary Crossen and Rubin & Rudman, LLP as counsel for defendants , filed, c/s. (pc) |
Filing 13 Certificate of Good Standing by Attorney Ilana Subar, filed, c/s. (pc) |
Filing 12 Certificate of Good Standing by Attorney Steven E. Tiller, filed, c/s. (pc) |
Filing 11 Certificate of Good Standing by Attorney Lisa A. Kershner, filed, c/s. (pc) |
Filing 10 Certificate of Good Standing by Attorney William F. Ryan, Jr., filed, c/s. (pc) |
Filing 9 Motion by MySQL AB for William F. Ryan, Jr., Lisa Kershner, Steven E. Tiller, Ilana Subar to appear pro hac vice fee status: pd fee amt: 200.00 Receipt #: 32586 , filed, c/s. (pc) |
Filing 4 Counterclaim by MySQL AB against Progress Software, NuSphere Corporation, filed, c/s. (pc) |
Filing 3 Answer by MySQL AB, David Axmark to complaint; jury demand, filed. (pc) |
Judge Patti B. Saris. Endorsed Order entered granting [2-1] motion to extend time to August 6, 2001 to respond to complaint. [EOD Date 7/3/01], cc/cl. (pc) |
Filing 2 Assented-to Motion by MySQL AB, T.C.X DataKonsult AB, David Axmark, Michael Widenius, John Doe Corporation to extend time to August 6, 2001 to respond to complaint , filed, c/s. (pc) |
Filing 1 Complaint filed. Case assigned to Judge: Saris. Receipt #: 317887 Amount:$ 150.00. Fee Status: pd (pc) |
Summons issued for MySQL AB, T.C.X DataKonsult AB, David Axmark, Michael Widenius, John Doe Corporation (pc) |
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