Mitchell v. Pearl Public School District et al
| Brenda Mitchell |
| Pearl Public School District, Jane Does 1-10, Raymond C. Morgigno, George Kersh, Glyn Trigg and Christopher Barnett |
| Christine Fitzgibbons |
| 3:2020cv00566 |
| August 24, 2020 |
| US District Court for the Southern District of Mississippi |
| Linda R Anderson |
| LaKeysha Greer Isaac |
| Carlton W Reeves |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 24, 2022. A more recent docket listing may be available from PACER.
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Filing 73
FINAL JUDGMENT: For the reasons stated in the Order issued this day by this Court, see Docket No. 72, judgment on the plaintiffs federal claims should be entered in favor of the defendants and this case should be closed. Accordingly, IT IS HEREBY ORDERED AND ADJUDGED that the plaintiffs federal claims are dismissed with prejudice, and that their state-law claims are dismissed without prejudice to their timely refiling in a court of competent jurisdiction. Signed by District Judge Carlton W. Reeves on 1/24/22 (LAT)
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Filing 72
ORDER granting in part #60 Motion for Summary Judgment. Signed by District Judge Carlton W. Reeves on 1/24/22. (AC)
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| Filing 71 NOTICE of Appearance by Christina J. Smith on behalf of Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Smith, Christina) |
| Filing 70 Rebuttal re #60 MOTION for Summary Judgment filed by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Malone, Jessica) |
| Filing 69 Unopposed MOTION for Leave to File Excess Pages Limitation for Rebuttal by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Malone, Jessica) |
| Filing 68 MEMORANDUM in Opposition re #60 MOTION for Summary Judgment filed by Christine Fitzgibbons, Brenda Mitchell (Patt, Rick) |
| Filing 67 RESPONSE in Opposition re #60 MOTION for Summary Judgment filed by Christine Fitzgibbons, Brenda Mitchell (Attachments: #1 Exhibit Deposition, #2 Exhibit Deposition)(Patt, Rick) |
| Filing 66 Unopposed MOTION to Extend Response to Motion for Summary Judgment Deadline by Christine Fitzgibbons, Brenda Mitchell (Patt, Rick) |
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TEXT-ONLY ORDER granting #66 Unopposed Motion to Extend Deadline. The new deadline is 1/7/22. Signed by District Judge Carlton W. Reeves on 12/29/21. NO FURTHER WRITTEN ORDER SHALL ISSUE ON THIS MOTION. (AC)
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| Filing 65 Unopposed MOTION to Extend Response to Motion for Summary Judgment Deadline by Christine Fitzgibbons, Brenda Mitchell (Patt, Rick) |
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TEXT-ONLY ORDER granting #65 Unopposed Motion to Extend Deadline. The new response deadline is 12/30/21. Signed by District Judge Carlton W. Reeves on 12/7/21. NO FURTHER WRITTEN ORDER SHALL ISSUE ON THIS MOTION. (AC)
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| Filing 64 NOTICE OF CONVENTIONAL FILING (Exhibit E maintained in Vault) re #60 MOTION for Summary Judgment filed by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (MGB) |
| Filing 63 Sealed Document (MGB) |
| Filing 62 NOTICE OF CONVENTIONAL FILING filed by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (MGB) |
| NOTICE OF CANCELLATION. The Settlement Conference set for Wednesday, December 8, 2021 at 9:30 am with Magistrate Judge LaKeysha Isaac is cancelled at the request of the parties. The parties shall contact Judge Isaac's Chambers within seven (7) days of a ruling as to the pending #60 Motion for Summary Judgment. (BB) |
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TEXT-ONLY ORDER finding as moot #59 Motion to Consolidate Cases. The Court consolidated the matters in its #29 ORDER granting Ore Tenus Motion to Consolidate Cases filed on March 12, 2021. The parties shall refer to the #29 ORDER granting Ore Tenus Motion to Consolidate Cases. NO WRITTEN ORDER TO FOLLOW. Signed by Magistrate Judge LaKeysha Greer Isaac on 12/3/2021 (BB)
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| Filing 61 MEMORANDUM in Support re #60 MOTION for Summary Judgment filed by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Malone, Jessica) |
| Filing 60 MOTION for Summary Judgment by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Attachments: #1 Exhibit A - Christine Fitzgibbons Depo, #2 Exhibit B - Bruce Blackman depo, #3 Exhibit C - Brenda Mitchell depo, #4 Exhibit D - Cody Mitchell depo, #5 Exhibit E - BUS VIDEO, #6 Exhibit F - Christopher Barnett depo, #7 Exhibit G - George Kersh Depo, #8 Exhibit H - Glen Trigg Depo, #9 Exhibit I - Ray Morgigno Depo, #10 Exhibit J - PEARL P. D. REPORT, #11 Exhibit K - 2016 Dept of Athletics Handbook, #12 Exhibit L - 2016-2017 Student Parent Handbook)(Malone, Jessica) |
| Filing 59 MOTION to Consolidate Cases for Trial and/or Other Relief by Christine Fitzgibbons, Brenda Mitchell (Patt, Rick) |
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TEXT-ONLY ORDER granting #58 Unopposed Motion to Extend Motions Deadline by fourteen (14) days. Motions due by 12/2/2021. NO WRITTEN ORDER TO FOLLOW. Signed by Magistrate Judge LaKeysha Greer Isaac on 11/18/2021 (BB)
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| Filing 58 MOTION to Extend Dispositive Motion Deadline by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Malone, Jessica) |
| Filing 57 ***ERROR***DISREGARD THIS ENTRY*** MOTION to Extend Dispositive Motion Deadline by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Malone, Jessica) Modified on 11/17/2021 (MGB). |
| DOCKET ANNOTATION as to #57 : Attorney advises that there is an error in this entry, and it should be disregarded. It has been correctly refiled as Doc. #58 . (MGB) |
| Filing 56 NOTICE of Service of Response to Request for Production by Christopher Barnett (Vines, William) |
| Filing 55 NOTICE of Service of Response to Interrogatories by Christopher Barnett (Vines, William) |
| Filing 54 NOTICE of Service of Response to Request for Production by George Kersh (Vines, William) |
| Filing 53 NOTICE of Service of Response to Interrogatories by George Kersh (Vines, William) |
| Filing 52 NOTICE of Service of Response to Request for Production by Raymond C. Morgigno (Vines, William) |
| Filing 51 NOTICE of Service of Response to Interrogatories by Raymond C. Morgigno (Vines, William) |
| Filing 50 NOTICE of Service of Response to Request for Production by Pearl Public School District (Vines, William) |
| Filing 49 NOTICE of Service of Response to Interrogatories by Pearl Public School District (Vines, William) |
| Filing 48 NOTICE of Service of Response to Request for Production by Glyn Trigg (Vines, William) |
| Filing 47 NOTICE of Service of Interrogatories by Glyn Trigg (Vines, William) |
| Filing 46 NOTICE to Take Deposition of Pearl Public School District by Christine Fitzgibbons, Brenda Mitchell (Patt, Rick) |
| Filing 45 NOTICE to Take Deposition of Christopher Barnett, George Kersh, Glyn Trigg, and Raymond C. Morgigno by Christine Fitzgibbons, Brenda Mitchell (Patt, Rick) |
| Filing 44 NOTICE of Service of Request for Production by Christine Fitzgibbons, Brenda Mitchell (Patt, Rick) |
| Filing 43 NOTICE of Service of Interrogatories by Christine Fitzgibbons, Brenda Mitchell (Patt, Rick) |
| Filing 42 NOTICE to Take Deposition of Christine Fitzgibbons by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Vines, William) |
| Filing 41 NOTICE to Take Deposition of Brenda Mitchell by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Vines, William) |
| Filing 40 NOTICE to Take Deposition of Cody Mitchell by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Vines, William) |
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TEXT-ONLY ORDER AMEDNING CASE MANAGEMENT ORDER. Jury Trial set for 4/18/2022 at 09:00 AM in Courtroom 5B (Jackson) before District Judge Carlton W. Reeves; Pretrial Conference set for 3/4/2022 09:00 AM in Chambers 5.550 (Jackson) before District Judge Carlton W. Reeves; Discovery due by 11/4/2021; Motions due by 11/18/2021; Settlement Conference set for 12/8/2021 at 09:30 AM in Chambers 6.150 (Jackson) Isaac before Magistrate Judge LaKeysha Greer Isaac; ADR Report due by 2/25/2021. NO WRITTEN ORDER TO FOLLOW. Signed by Magistrate Judge LaKeysha Greer Isaac on 8/4/2021 (BB)
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TEXT-ONLY ORDER granting #39 Motion to Amend Case Management Order. Jury Trial set for 4/18/2022 at 09:00 AM in Courtroom 5B (Jackson) before District Judge Carlton W. Reeves; Pretrial Conference set for 3/4/2022 09:00 AM in Chambers 5.550 (Jackson) before District Judge Carlton W. Reeves; Discovery due by 11/4/2021; Motions due by 11/18/2021; Settlement Conference set for 12/8/2021 at 09:30 AM in Chambers 6.150 (Jackson) Isaac before Magistrate Judge LaKeysha Greer Isaac; ADR Report due by 2/25/2021. NO WRITTEN ORDER TO FOLLOW. Signed by Magistrate Judge LaKeysha Greer Isaac on 8/4/2021 (BB) Signed by Magistrate Judge LaKeysha Greer Isaac on 8/4/2021 (BB) Modified on 10/13/2021 (BB).
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| Filing 39 MOTION to Amend/Correct Case Management Order,, (Agreed to by Plaintiffs and Defendants) by Pearl Public School District (Attachments: #1 Exhibit A-Proposed Amended Case Management Order)(Vines, William) |
| DOCKET ANNOTATION as to #39 : Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (cwl) |
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Filing 38
ORDER granting #36 Motion for Protective Order. Signed by Magistrate Judge LaKeysha Greer Isaac on 7/19/2021 (BB)
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| Filing 37 NOTICE to Take Deposition of Bruce Blackman by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Vines, William) |
| Filing 36 Unopposed MOTION for Protective Order by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Attachments: #1 Exhibit A - Agreed Protective Order)(Vines, William) |
| Filing 35 NOTICE of Service of Designation of Experts by Brenda Mitchell (Patt, Rick) |
| Filing 34 Subpoena Returned Executed as to Pearl Police Department c/o Mayor Jake Windham, Pearl City Hall. (Vines, William) |
| NOTICE OF CANCELLATION: The Settlement Conference set for 4-27-21 at 9:00 am is cancelled. In light of the recent consolidation, the parties are in agreement to remove this conference from the docket. A settlement conference in the member case 3:21cv 41 is set for October 14, 2021. (Lewis, Nijah) |
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Filing 33
ORDER ISSUING UPDATED PROCEDURES FOR SETTLEMENT CONFERENCE. Signed by Magistrate Judge LaKeysha Greer Isaac on 4/15/2021 (BB)
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| Filing 32 NOTICE of Service of Request for Production by Pearl Public School District (Vines, William) |
| Filing 31 NOTICE of Service of Interrogatories by Pearl Public School District (Vines, William) |
| DOCKET ANNOTATION as to #30 : This entry is a duplicate filing of document #29 . Therefore, document #30 should be disregarded. (PKM) |
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Filing 30
**ERROR** Disregard this entry. ORDER CONSOLIDATING CASES. The first filed case, Civil Action No. 3:20-cv-566-CWR-LGI, shall be the lead case. All future filings shall be made in the lead case. Signed by Magistrate Judge LaKeysha Greer Isaac on 3/12/21 (PKM) Modified on 3/15/2021 (PKM).
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Filing 29
ORDER granting Ore Tenus Motion to Consolidate Cases. The first filed case, Civil Action No. 3:20-cv-566-CWR-LGI, shall be the lead case. All future filings shall be made in the lead case. Signed by Magistrate Judge LaKeysha Greer Isaac on 03/12/21 (PKM)
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| Ore Tenus MOTION to Consolidate Cases. (PKM) |
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Filing 28
ORDER granting #27 Joint Motion to Consolidate Discovery and Synchronize Dates. Signed by Magistrate Judge LaKeysha Greer Isaac on 3/11/2021 (BB)
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TEXT-ONLY ORDER AMENDING CASE MANAGEMENT ORDER. Jury Trial set for a two-week term commencing on 2/14/2022 at 09:00 AM in Courtroom 5B (Jackson) before District Judge Carlton W. Reeves; Pretrial Conference set for 1/7/2022 at 09:00 AM in Chambers 5.550 (Jackson) before District Judge Carlton W. Reeves; Discovery due by 9/17/2021; Designate Experts Plaintiff Deadline due by 6/19/2021; Designate Experts for Defendant Deadline due by 7/19/2021; Motions due by 10/1/2021; ADR Report due by 12/31/2021. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge LaKeysha Greer Isaac on 3/11/2021 (BB)
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| Filing 27 Joint MOTION for Extension of Time to Complete Discovery and MOTION to Consolidate Discovery with Case 3:21cv41HTW-LGI by Brenda Mitchell (Patt, Rick). |
| Set/Reset Hearings: Settlement Conference set for 4/27/2021 at 9:00 AM in Chambers 6.150 (Jackson) Isaac before Magistrate Judge LaKeysha Greer Isaac. (ND) |
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Filing 26
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge LaKeysha Greer Isaac for all further proceedings. Magistrate Judge Linda R. Anderson no longer assigned to case. Signed by Chief District Judge Daniel P. Jordan, III on 01/05/2021. (CS)
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| Parties are advised to include the case number and new judge assignment of 3:20-cv-00566-CWR-LGI on future filed pleadings. (CS) |
| Filing 25 NOTICE of Service of Response to Interrogatories and Response to Request for Production by Brenda Mitchell (Patt, Rick) |
| Filing 24 NOTICE to Take Deposition of Plaintiff identified in the Amended Complaint as John Doe by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Vines, William) |
| Filing 23 NOTICE to Take Deposition of Brenda Mitchell by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Vines, William) |
| Filing 22 NOTICE of Service of First Request for Production by Pearl Public School District (Vines, William) |
| Filing 21 NOTICE of Service of First Set of Interrogatories by Pearl Public School District (Vines, William) |
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Filing 20
CASE MANAGEMENT ORDER Disclosure due by 10/29/2020 ; Jury Trial set for 10/18/2021 09:00 AM in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves ; Pretrial Conference set for 9/3/2021 09:00 AM in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves; Discovery due by 5/4/2021; Motions for Amended Pleadings due by 11/30/2020; Motions for Joinder of Parties due by 11/30/2020 ; Designate Experts Plaintiff Deadline due by 2/2/2021 ; Designate Experts for Defendant Deadline due by 3/4/2021; Motions due by 5/18/2021 ; Settlement Conference set for 4/27/2021 09:00 AM in Chambers 6.150 (Jackson) Anderson before Magistrate Judge Linda R. Anderson ; ADR Report due by 8/27/2021. Signed by Magistrate Judge Linda R. Anderson on 10/30/20 (Lewis, Nijah)
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| Minute Entry for proceedings held before Magistrate Judge Linda R. Anderson: Telephonic Case Management Conference held on 10/30/2020. Participants: Rick Patt, Arthur Jernigan, William Matthew Vines, and Jessica Malone. The Court spoke with counsel. Order to be entered. (Lewis, Nijah) |
| Filing 19 NOTICE of Service of Initial Disclosure by Brenda Mitchell (Patt, Rick) |
| Filing 18 NOTICE of Service of Initial Disclosure by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Malone, Jessica) |
| Filing 17 NOTICE of Appearance by Jessica S. Malone on behalf of Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Malone, Jessica) |
| Filing 16 NOTICE of Appearance by William Robert Allen on behalf of Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Allen, William) |
| Filing 15 Rule 16(a) Initial Order Telephonic Case Management Conference set for 10/29/2020 09:00 AM before Magistrate Judge Linda R. Anderson. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to anderson_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall initiate the conference call; and once all parties are on the line, contact the Court at 601-608-4440. (Lewis, Nijah) |
| Filing 14 ANSWER to #3 Amended Complaint by Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg.(Allen, Robert) |
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Filing 13
ORDER granting [] Motion for Extension of Time to Answer Defendants are granted up to and including September 28, 2020 to file their initial pleading. Signed by Magistrate Judge Linda R. Anderson on 9/10/20 (Lewis, Nijah)
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| ORE TENUS MOTION for Extension of Time for the Defendants to respond to the Complaint. (Lewis, Nijah) |
| Filing 12 NOTICE of Appearance by John Peyton Randolph, II on behalf of Brenda Mitchell (Randolph, John) |
| Filing 11 NOTICE of Appearance by William Matthew Vines on behalf of Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Vines, William) |
| Filing 10 NOTICE of Appearance by Arthur F. Jernigan, Jr on behalf of Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg (Jernigan, Arthur) |
| Filing 9 SUMMONS Returned Executed by Brenda Mitchell. Glyn Trigg served on 8/27/2020, answer due 9/17/2020. (Randolph, John) |
| Filing 8 ***ERROR***Disregard this entry. SUMMONS Returned Executed by Brenda Mitchell. Glyn Trigg served on 8/26/2020, answer due 9/16/2020. (Randolph, John) Modified on 9/2/2020 (PG). |
| Filing 7 SUMMONS Returned Executed by Brenda Mitchell. George Kersh served on 8/26/2020, answer due 9/16/2020. (Randolph, John) |
| Filing 6 SUMMONS Returned Executed by Brenda Mitchell. Christopher Barnett served on 8/26/2020, answer due 9/16/2020. (Randolph, John) |
| Filing 5 SUMMONS Returned Executed by Brenda Mitchell. Raymond C. Morgigno served on 8/26/2020, answer due 9/16/2020. (Randolph, John) |
| Filing 4 SUMMONS Returned Executed by Brenda Mitchell. Pearl Public School District served on 8/26/2020, answer due 9/16/2020. (Randolph, John) |
| DOCKET ANNOTATION as to Doc #8 Attorney advises that there is an error in this entry, and it should be disregarded. It has been correctly refiled as Doc #9 . (PG) |
| Filing 3 AMENDED COMPLAINT against All Defendants, filed by Brenda Mitchell. (Attachments: #1 Exhibit, #2 Exhibit)(Patt, Rick) |
| Filing 2 Summons Issued as to Christopher Barnett, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg. (PKM) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Christopher Barnett, Jane Does 1-10, George Kersh, Raymond C. Morgigno, Pearl Public School District, Glyn Trigg ( Filing fee $ 400 receipt number 0538-4355125), filed by Brenda Mitchell. (Attachments: #1 Exhibit 1 - Notice of Claim and Acknowledgment, #2 Exhibit 2 - Letter Dated May 26, 2020 re: MTCA Notice of Claim, #3 Civil Cover Sheet)(PKM) |
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