In re: American Financial Resources, Inc. Data Breach Litigation
| DORAH MICAH and Sharon Styles |
| AMERICAN FINANCIAL RESOURCES, INC. |
| MATTHEW STUART, ANTHONY OLIVA and DOROTHY ZELENSKI |
| 2:2022cv01757 |
| March 29, 2022 |
| US District Court for the District of New Jersey |
| Jessica S Allen |
| Madeline Cox Arleo |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 60 Letter from From Stuart A. Davidson Regarding Status Report re 59 Order,,,,,. (DAVIDSON, STUART) |
Filing 59
TEXT ORDER: As per today's Status Conference by Zoom Videoconference, the parties are directed to meet and confer by September 29, 2023 on their disputes over whether the scope of their respective discovery demands comply with this Court's rulings during the July 12, 2023 Initial Scheduling Conference as memorialized in the Court's July 13, 2023 Pretrial Scheduling Order. (ECF No. 55). To the extent any disputes remain outstanding, the parties shall file a joint letter of twelve (12) pages or less on or before October 12, 2023, addressing a sampling of discovery request disputes, up to seven (7) interrogatories and seven (7) requests for production of documents per side. In their joint October 12th submission, the parties shall include the sample discovery request, the answering parties' objection and/or response, and the parties' respective position along with any supporting legal authority. The parties shall employ this structure for each disputed discovery request. The parties shall submit a separate joint status letter on or before November 28, 2023, regarding the status of discovery. A Zoom Status Conference is scheduled for December 4, 2023 at 10:00 a.m. and the Court will circulate the connection information in advance. So Ordered by Magistrate Judge Jessica S. Allen on 9/18/23. (jbb)
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| Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Zoom Video Status Conference held on 9/18/2023. (Court Reporter: None) (jbb) |
| Filing 58 Letter from Eric Fish re: Joint Status Update on Phase I Discovery. (FISH, ERIC) |
| Filing 57 Transcript of Proceedings held on July 12, 2023, before Magistrate Judge Jessica S. Allen. Transcriber: King Transcription Services (973-237-6080). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Transcription Agency due, but not filed, by 9/1/2023. Redacted Transcript Deadline set for 9/11/2023. Release of Transcript Restriction set for 11/9/2023. (jml, ) |
| Filing 56 REPLY BRIEF to Opposition to Motion filed by AMERICAN FINANCIAL RESOURCES, INC. re #50 MOTION to Dismiss (FISH, ERIC) |
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Filing 55
PRETRIAL SCHEDULING ORDER: Status Conference by Zoom Videoconference set for 9/18/2023 at 11:00 AM before Magistrate Judge Jessica S. Allen. Amended Pleadings due by 9/12/2023. Phase I Discovery due by 4/15/2024.. Signed by Magistrate Judge Jessica S. Allen on 7/13/2023. (ld, )
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| Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Zoom Initial Pretrial Conference held on 7/12/2023. (Court Reporter: Zoom Audio) (jbb) |
| Filing 54 Joint Discovery Plan by All Plaintiffs.(CECCHI, JAMES) |
| Filing 53 BRIEF in Opposition filed by All Plaintiffs re #50 MOTION to Dismiss (CECCHI, JAMES) |
| CLERK'S QUALITY CONTROL MESSAGE - Please note the ORDER attached to docket entry No. 40 filed by the Clerk's office on 3/29/2023 was docketed in error as it is from an incorrect case. Please disregard and see the ORDER at ECF No. 52 for the Corrected Letter Order. (ld) |
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Filing 52
CORRECTED LETTER ORDER; that Defendant's Motion to Dismiss, ECF No. 29 is GRANTED in part and DENIED in part. The Court DENIES the Motion to dismiss for lack of standing, except that it GRANTS the Motion to dismiss for lack of standing as to Plaintiff Stuart without prejudice. The Motion to Dismiss for Failure to State a Claim is GRANTED in part and DENIED in part. Counts 3-4 are DISMISSED with prejudice and Counts 7-11 are DISMISSED without prejudice. Plaintiffs may amend the Complaint within 30 days of this Order to cure any deficiencies identified herein.. Signed by Judge Madeline Cox Arleo on 3/29/2023. (ld, )
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| Filing 51 NOTICE of Appearance by LINDSEY H. TAYLOR on behalf of DORAH MICAH, ANTHONY OLIVA, MATTHEW STUART, Sharon Styles (TAYLOR, LINDSEY) |
| Set/Reset Deadlines as to #50 MOTION to Dismiss . Motion set for 8/21/2023 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) |
| Filing 50 MOTION to Dismiss by AMERICAN FINANCIAL RESOURCES, INC.. Responses due by 7/12/2023. (Attachments: #1 Brief in Support of Partial Dismissal of First Amended Consolidated Class Action Complaint, #2 Text of Proposed Order)(FISH, ERIC) |
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Filing 49
LETTER ORDER: Initial Conference set for 7/12/2023 at 12:00 PM before Magistrate Judge Jessica S. Allen. Signed by Magistrate Judge Jessica S. Allen on 6/2/23. (jbb)
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Filing 48
ORDER that Plaintiffs' renewed request to schedule an Initial Scheduling Conference, (ECF No. 42), is GRANTED. An appropriate separate order will be issued scheduling the Initial Scheduling Conference. Signed by Magistrate Judge Jessica S. Allen on 6/2/2023. (ld, )
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| Filing 46 AMENDED COMPLAINT First Amended Consolidated Class Action Complaint and Demand For Jury Trial against AMERICAN FINANCIAL RESOURCES, INC., filed by Sharon Styles, MATTHEW STUART, ANTHONY OLIVA, DORAH MICAH. (Attachments: #1 Exhibit 1)(CECCHI, JAMES) |
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Filing 47
ORDER FOR PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION. Signed by Magistrate Judge Jessica S. Allen on 4/25/2023. (ld, )
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| Filing 45 Letter from Lindsey H. Taylor Enclosing Proposed ESI Protocol. (Attachments: #1 Text of Proposed Order)(TAYLOR, LINDSEY) |
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Filing 44
STIPULATION AND CONSENT ORDER REGARDING RESPONSE TO CONSOLIDATED CLASS ACTION COMPLAINT that AFRs time to respond to the CCAC shall be extended to and including May 26, 2023 should Plaintiffs decide not to amend; Should Plaintiffs amend the CCAC, AFR shall have forty-five (45) days from the filing of an amended CCAC to answer or move. If AFR moves in response to an amended CCAC, Plaintiffs shall have thirty (30) days to file opposition to AFRs motion. AFR shall then have twenty-one (21) days to file a reply. Signed by Magistrate Judge Jessica S. Allen on 4/10/2023. (sm)
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| Filing 43 Letter from Eric R. Fish in Response to Plaintiffs' Renewed Request to Schedule an Initial Discovery Conference re #42 Letter. (FISH, ERIC) |
| Filing 42 Letter from Lindsey H. Taylor Requesting Initial Scheduling Conference. (TAYLOR, LINDSEY) |
| Filing 41 STIPULATION and Consent Order Regarding Response to Consolidated Class Action Complaint by AMERICAN FINANCIAL RESOURCES, INC.. (FISH, ERIC) |
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Filing 40
ORDER granting in part and denying in part #29 Motion to Dismiss; The Court DENIES the Motion to dismiss for lack of standing, except that it GRANTS the Motion to dismiss for lack of standing as to Plaintiff Stuart without prejudice. The Motion to Dismiss for Failure to State a Claim is GRANTED in part and DENIED in part. Counts 3-4 are DISMISSED with prejudice and Counts 7-11 are DISMISSED without prejudice. Plaintiffs may amend the Complaint within 30 days of this Order to cure any deficiencies identified herein. Signed by Judge Madeline Cox Arleo on 3/29/2023. (ld, )
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Filing 39
TEXT ORDER: The Undersigned is in receipt of Plaintiffs' request for an Initial Scheduling Conference, (ECF No. 37), while Defendant's Motion to Dismiss is pending, (ECF No. 29), and Defendant's opposition to Plaintiffs' request. (ECF No. 38). The Undersigned exercises its discretion, under Local Civil Rule 16.1(a)(1), to defer scheduling an Initial Scheduling Conference, pursuant to Fed. R. Civ. P. 16, due to the pendency of the Motion to Dismiss. Accordingly, Plaintiffs request is DENIED. So Ordered by Magistrate Judge Jessica S. Allen on 2/24/23. (jbb)
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| Filing 38 Letter from Eric R. Fish in Response to Plaintiffs' Request to Schedule an Initial Discovery Conference re #37 Letter. (FISH, ERIC) |
| Filing 37 Letter from Lindsey H. Taylor Requesting Initial Scheduling Conference. (TAYLOR, LINDSEY) |
| Filing 36 NOTICE by All Plaintiffs Notice of Change of Address For Robbins Geller Rudman & Dowd LLP (TAYLOR, LINDSEY) |
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Filing 35
CONFIDENTIALITY and RULE 502(d) ORDER. Signed by Magistrate Judge Jessica S. Allen on 12/14/2022. (ld, )
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| Filing 34 Letter from Lindsey H. Taylor Enclosing Proposed Confidentiality and Rule 502(d) Order. (Attachments: #1 Text of Proposed Order)(TAYLOR, LINDSEY) |
| Filing 33 REPLY BRIEF to Opposition to Motion filed by AMERICAN FINANCIAL RESOURCES, INC. re #29 MOTION to Dismiss (FISH, ERIC) |
| Filing 32 Notice of Request by Pro Hac Vice Gary M. Klinger to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-13743992.) (MANIATIS, VICKI) |
| Pro Hac Vice counsel, GARY M. KLINGER, ESQ., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ld, ) |
| Filing 31 BRIEF in Opposition filed by All Plaintiffs re #29 MOTION to Dismiss (CECCHI, JAMES) |
| Pro Hac Vice counsel, MELISSA R. EMERT, ESQ., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ld, ) |
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Filing 30
ORDER granting #28 Motion for Leave to Appear Pro Hac Vice as to GARY M. KLINGER, ESQ.. Signed by Magistrate Judge Jessica S. Allen on 8/23/2022. (ld, )
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| Set/Reset Deadlines as to #29 MOTION to Dismiss . Motion set for 9/19/2022 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) |
| Filing 29 MOTION to Dismiss by AMERICAN FINANCIAL RESOURCES, INC.. Responses due by 10/6/2022 (Attachments: #1 Brief in Support of Motion to Dismiss Consolidated Class Action Complaint, #2 Text of Proposed Order, #3 Certificate of Service)(FISH, ERIC) |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice of Gary M. Klinger by DORAH MICAH. (Attachments: #1 Declaration of Gary M. Klinger, #2 Declaration of Vicki J. Maniatis, #3 Text of Proposed Order Proposed Order)(MANIATIS, VICKI) |
| Filing 27 Notice of Request by Pro Hac Vice Melissa R. Emert to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number BNJDC-13642460.) (GRAIFMAN, GARY) |
| Pro Hac Vice counsel, PAUL G. KARLSGODT, ESQ., and ROBYN M. FELDSTEIN, ESQ., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ld, ) |
| Filing 26 Notice of Request by Pro Hac Vice Robyn M. Feldstein to receive Notices of Electronic Filings. (FISH, ERIC) |
| Filing 25 Notice of Request by Pro Hac Vice Paul G. Karlsgodt to receive Notices of Electronic Filings. (FISH, ERIC) |
| Pro Hac Vice fee Craig R. Thorstenson $ 150, receipt number TRE127815 (jal, ) |
| Pro Hac Vice fee received as to Robyn M. Feldstein and Paul G. Karlsgodt $ 300, receipt number TRE127889 (jal, ) |
| CLERK'S QUALITY CONTROL MESSAGE - Please note the Pro Hac Vice fee as to Craig R. Thorstenson filed by the Clerk's office on 8/2/2022 was docketed in error. Please disregard. (jal, ) |
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Filing 24
ORDER ADMITTING ROBYN M. FELDSTEIN, ESQ. PRO HAC VICE. Signed by Magistrate Judge Jessica S. Allen on 7/28/2022. (ld, )
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Filing 23
ORDER ADMITTING PAUL G. KARLSGODT, ESQ. PRO HAC VICE. Signed by Magistrate Judge Jessica S. Allen on 7/28/2022. (ld, )
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| Filing 22 Letter from Eric R. Fish Requesting Admission Pro Hac Vice of Paul G. Karlsgodt and Robyn M. Feldstein. (Attachments: #1 Declaration of Eric R. Fish in Support of the Admission of Paul G. Karlsgodt Pro Hac Vice, #2 Declaration of Eric R. Fish in Support of the Admission of Robyn M. Feldstein Pro Hac Vice, #3 Declaration of Paul G. Karlsgodt, #4 Colorado Good Standing Certificate, #5 State of Washington Good Standing Certificate, #6 Declaration of Robyn M. Feldstein, #7 New York Good Standing Certificate, #8 Text of Proposed Order Admitting Paul G. Karlsgodt Pro Hac Vice, #9 Text of Proposed Order Admitting Robyn M. Feldstein Pro Hac Vice)(FISH, ERIC) |
| Pro Hac Vice counsel, JOSEPH M. LYON, ESQ., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ld, ) |
| Filing 21 Notice of Request by Pro Hac Vice Joseph Lyon to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-13556897.) (MONACO, JOSEPH) |
| Filing 20 AMENDED COMPLAINT Consolidated Class Action Complaint and Demand For Jury Trial against AMERICAN FINANCIAL RESOURCES, INC., filed by DORAH MICAH, MATTHEW STUART, ANTHONY OLIVA, Sharon Styles. (Attachments: #1 Exhibit 1)(CECCHI, JAMES) |
| Pro Hac Vice counsel, ALEXANDER C. COHEN, ESQ., and STUART A. DAVIDSON, ESQ., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ld, ) |
| Filing 19 Notice of Request by Pro Hac Vice Stuart A. Davidson to receive Notices of Electronic Filings. (COOPER, KEVIN) |
| Filing 18 Notice of Request by Pro Hac Vice Alexander C. Cohen to receive Notices of Electronic Filings. (COOPER, KEVIN) |
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Filing 17
ORDER granting #16 Motion for Leave to Appear Pro Hac Vice as to MELISSA R. EMERT, ESQ.. Signed by Magistrate Judge Jessica S. Allen on 6/21/2022. (ld, )
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| Set/Reset Deadlines as to #16 MOTION for Leave to Appear Pro Hac Vice Melissa R. Emert. Motion set for 7/18/2022 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice Melissa R. Emert by DOROTHY ZELENSKI. (Attachments: #1 Declaration of Gary S. Graifman in Support of the Admission of Melissa R. Emert Pro Hac Vice, #2 Declaration of Melissa R. Emert, #3 Exhibit A to Declaration of Melissa R. Emert, #4 Certificate of Good Standing, #5 Proposed Order, #6 Certificate of Service)(GRAIFMAN, GARY) |
| Filing 15 NOTICE of Appearance by KEVIN G. COOPER on behalf of DORAH MICAH, ANTHONY OLIVA, MATTHEW STUART, DOROTHY ZELENSKI (COOPER, KEVIN) |
| Filing 14 NOTICE of Appearance by JAMES E. CECCHI on behalf of DORAH MICAH, ANTHONY OLIVA, MATTHEW STUART, DOROTHY ZELENSKI (CECCHI, JAMES) |
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Filing 13
STIPULATION AND ORDER that the Civil Actions No. 22-1757, 22-1878, 22-2392, and 22-2642, are hereby consolidated for all purposes. The Clerk shall establish a Docket for the Actions under Civil Action No. 22-1757 (MCA)(JSA). etc. Signed by Magistrate Judge Jessica S. Allen on 6/10/2022. (qa, )
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Filing 12
STIPULATION AND ORDER for an additional extension of time to respond to plaintiff's class action complaint through 7/16/2022, etc. Signed by Magistrate Judge Jessica S. Allen on 6/9/2022. (lag, )
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| Filing 11 Letter from James E. Cecchi Enclosing Proposed Stipulation and Order Regarding Consolidation, Appointment Of Interim Class Counsel and Scheduling. (Attachments: #1 Text of Proposed Order)(CECCHI, JAMES) |
| Filing 10 STIPULATION and Proposed Order for Additional Extension of Time to Answer, Move or Otherwise Respond to Plaintiff's Class Action Complaint by AMERICAN FINANCIAL RESOURCES, INC.. (FISH, ERIC) |
| Filing 9 Letter from Eric R. Fish re: Plaintiff's Letter Requesting Consolidation and Appointment of Co-Lead Interim Class Counsel and Interim Class Counsel. (FISH, ERIC) |
| Filing 8 Letter from James E. Cecchi to the Hon. Madeline Cox Arleo regarding Consolidation of Related Actions and Appointment of Interim Lead Counsel. (Attachments: #1 Text of Proposed Order)(CECCHI, JAMES) |
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Filing 7
STIPULATION AND ORDER EXTENDING TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO PLAINTIFF'S CLASS ACTION COMPLAINT; that AFR's time to answer, move, or otherwise respond to the Class Action Complaint in this action is hereby extended by thirty (30) days through and including June 13, 2022. Signed by Magistrate Judge Jessica S. Allen on 5/12/2022. (ld, )
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| Filing 6 STIPULATION and Proposed Order Extending Time to Answer, Move or Otherwise Respond to Plaintiff's Class Action Complaint by AMERICAN FINANCIAL RESOURCES, INC.. (FISH, ERIC) |
| Filing 5 Application and Proposed Order for Clerk's Order to extend time to answer as to Complaint. Attorney ERIC R. FISH for AMERICAN FINANCIAL RESOURCES, INC. added. (FISH, ERIC) |
| Filing 4 NOTICE of Appearance by ERIC R. FISH on behalf of AMERICAN FINANCIAL RESOURCES, INC. (FISH, ERIC) |
| Clerk`s Text Order - The document #5 Application for Clerk's Order to Ext Answer/Proposed Order submitted by AMERICAN FINANCIAL RESOURCES, INC. has been GRANTED. The answer due date has been set for 5/13/2022. (ld, ) |
| Filing 3 SUMMONS Returned Executed by DORAH MICAH. AMERICAN FINANCIAL RESOURCES, INC. served on 4/8/2022, answer due 4/29/2022. (MANIATIS, VICKI) |
| Filing 2 SUMMONS ISSUED as to AMERICAN FINANCIAL RESOURCES, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ld, ) |
| Case Assigned to Judge Madeline Cox Arleo and Magistrate Judge Jessica S. Allen. (ak, ) |
| Filing 1 COMPLAINT against AMERICAN FINANCIAL RESOURCES, INC. ( Filing and Admin fee $ 402 receipt number CNJDC-13294798) with JURY DEMAND, filed by DORAH MICAH. (Attachments: #1 Civil Cover Sheet, #2 Summons)(MANIATIS, VICKI) |
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