Leguette v. Schwans Company et al
| Shatequa Leguette and Joanne Miller |
| Schwans Company, Schwans Food Service, Inc., Schwans Consumer Brands, Inc., SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc. and Schwan's Food Service, Inc. |
| 1:2017cv07599 |
| December 31, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Steven Tiscione |
| Jack B Weinstein |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 30, 2019. A more recent docket listing may be available from PACER.
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Filing 51
Stipulation of Voluntary Dismissal with prejudice. Close the case. Ordered by Judge Jack B. Weinstein on 7/30/2019. (Barrett, C)
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| Filing 50 STIPULATION of Dismissal with prejudice by Shatequa Leguette (Sheehan, Spencer) |
| Amended Complaint (Florida Claims) opened as Eastern District of New York case 1:19-CV-2551(JBW)(ST) and transferred to the Middle District of Florida as case 3:19-cv-00501, filed 5/2/2019. (Lee, Tiffeny) |
| Filing 49 Minute Entry for Settlement Conference held on 4/30/2019 before Magistrate Judge Steven Tiscione: Sheehan for Plaintiff; Horvath for Defendants. Settlement discussions were held but the parties were unable to reach a disposition at this time. (FTR Log #3:12 - 3:14, 3:47 - 3:49.) (Vasquez, Lea) |
| Filing 48 AMENDED COMPLAINT Florida Only Claims against Schwan's Consumer Brands, Inc., filed by Joanne Miller. (Sheehan, Spencer) |
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Filing 47
ORDER ON FLORIDA CLAIMS. Plaintiff is ordered to file by 5/3/2019 an amended complaint dealing with the proposed Florida claims only, complying with the court's 2/4/2019 order. Thereafter, the Clerk of Court shall assign that amended complaint with the Florida claims a new cause of action number and transfer that action to the United States District Court for the Middle District of Florida. Ordered by Judge Jack B. Weinstein on 4/29/2019. (Barrett, C)
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| Filing 46 ANSWER to #17 Amended Complaint by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc.. (Horvath, August) |
| Filing 45 Letter Ex Parte Settlement Position Paper by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc. (Horvath, August) |
| Filing 44 Letter EX PARTE SETTLEMENT POSITION STATEMENT by Shatequa Leguette, Joanne Miller (Sheehan, Spencer) |
| Filing 43 MEMORANDUM in Opposition re #42 First MOTION to Sever and Transfer Miller Claims to MDFL filed by All Defendants. (Attachments: #1 Exhibit 1, Excerpts of Transcript of Feb. 6, 2019, Hearing) (Horvath, August) |
| Filing 42 First MOTION to Sever and Transfer Miller Claims to MDFL by Shatequa Leguette, Joanne Miller. (Attachments: #1 Exhibit Transcript Selections, January 30, 2019, #2 Exhibit Second Amended Complaint (Florida Plaintiff and Claims), #3 Proposed Order Transferring Florida Claims to United States District Court, Middle District of Florida) (Sheehan, Spencer) |
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ORDER re Set Hearings. The discovery schedule is amended as follows: All discovery is to be completed by August 2, 2019. The class certification motion shall be fully briefed by September 6, 2019. The April 30th settlement conference will proceed as scheduled. So Ordered by Magistrate Judge Steven Tiscione on 4/10/2019. (Vasquez, Lea)
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| Filing 41 Proposed Scheduling Order Stipulated by the Parties, filed by Schwan's Company (Horvath, August) |
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The proposed discovery schedule calling for fact discovery to be completed by August 23, 2019 and expert discovery to be completed by November 27, 2019 is approved and hereby entered as an Order of the Court. An in-person settlement conference will be held at 3:00 p.m. on April 30, 2019 before the undersigned in Hearing Room N504 in the North Wing. All counsel must attend. Counsel shall electronically file their respective settlement position letters via ex parte electronic filing through the Court's ECF System no later than April 26th. So Ordered by Magistrate Judge Steven Tiscione on 2/28/2019. (Vasquez, Lea)
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| Filing 40 Minute Entry for Status Conference held on 2/20/2019 before Magistrate Judge Steven Tiscione: Sheehan for Plaintiff; Horvath for Defendants. Parties will confer and propose a joint discovery schedule by February 27, 2019. (FTR Log #11:42 - 11:46.) (Vasquez, Lea) |
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SCHEDULING ORDER: The District Court has ruled that discovery shall proceed in this case. Accordingly, an in-person conference will be held before the undersigned at 11:30 a.m. on February 20, 2019 in Hearing Room N504 in the North Wing. All counsel must attend. So Ordered by Magistrate Judge Steven Tiscione on 2/11/2019. (Vasquez, Lea)
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Filing 38
ORDER granting in part and denying in part #30 Motion for Summary Judgment. Claims on behalf of a nationwide class are dismissed. The national class is dismissed. Miller's claims on behalf of a proposed class of Florida consumers are severed and transferred to the Middle District of Florida. Miller is ordered to file an appropriate amended complaint based on Florida law. The Clerk of Court is directed to transfer the severed Florida complaint to the United States District Court for the Middle District of Florida. Defendant's motion for summary judgment is otherwise denied for the reasons stated during the 1/30/2019 hearing. The New York based case is respectfully referred to the magistrate judge to supervise discovery. The parties may renew motions for summary judgment after its completion. The magistrate judge shall attempt to settle the dispute. Ordered by Judge Jack B. Weinstein on 2/4/2019. (Barrett, C)
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| Motion terminated, docketed incorrectly: #29 Notice of MOTION for Summary Judgment filed by SFC Global Supply Chain, Inc., Schwan's Food Service, Inc., Schwan's Company, Schwan's Consumer Brands, Inc. See ECF No. #27 . (Barrett, C) |
| Filing 39 Minute Entry for proceedings held before Judge Jack B. Weinstein: Motion Hearing held on 1/30/2019 re #30 Notice of MOTION for Summary Judgment filed by SFC Global Supply Chain, Inc., Schwan's Food Service, Inc., Schwan's Company, Schwan's Consumer Brands, Inc. Counsel for all sides present. Parties sworn. Evidentiary Hearing held. Motion argued and is denied with leave to renew after completion of expedited discovery. (Court Reporter L. Schmid.) (Barrett, C) |
| NOTICE of Hearing on Motion #14 MOTION for Summary Judgment, #29 Notice of MOTION for Summary Judgment , #30 Notice of MOTION for Summary Judgment (Redacted version) : The time of the Motion Hearing set for 1/30/2019 is changed to 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. (Lowe, June) |
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Filing 37
ORDER. An evidentiary hearing on the defendant's motion for summary judgment is scheduled for 1/30/2019 at 2:00 P.M. The evidentiary hearing will be as broad as previously contemplated. See ECF Nos. #16 , #19 . Plaintiff Shatequa Leguette shall be present in person. The court wishes to evaluate her as representative of the class. Ordered by Judge Jack B. Weinstein on 1/17/2019. (Barrett, C)
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| NOTICE of Hearing on Motion #14 MOTION for Summary Judgment, #29 Notice of MOTION for Summary Judgment , #30 Notice of MOTION for Summary Judgment (Redacted version) : Motion Hearing set for 1/7/2019 is adjourned to 1/30/2019 at 02:00 PM in Courtroom 10B South before Judge Jack B. Weinstein. (Lowe, June) |
| NOTICE of Hearing on Motion #14 MOTION for Summary Judgment, #29 Notice of MOTION for Summary Judgment , #30 Notice of MOTION for Summary Judgment (Redacted version) :Motion Hearing set for 12/4/2018 is adjourned to 1/7/2019 at 10:30 AM in Courtroom 10B South before Judge Jack B. Weinstein. (Lowe, June) |
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Filing 36
ORDER re #33 Letter. Since Ms. Holmberg expects to be in Minnesota, she may appear by telephone or video. Ordered by Judge Jack B. Weinstein on 11/21/2018. (Barrett, C)
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| Filing 35 REPLY in Support re #30 Notice of MOTION for Summary Judgment (Redacted version) filed by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc.. (Attachments: #1 Declaration of August T. Horvath, #2 Exhibit 1 to Declaration of August T. Horvath, #3 Exhibit 2 to Declaration of August T. Horvath, #4 Exhibit 3 to Declaration of August T. Horvath) (Horvath, August) |
| Filing 33 Letter Requesting Guidance on 12/4/2018 Evidentiary Hearing by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc. (Horvath, August) |
| Filing 32 MEMORANDUM in Opposition re #30 Notice of MOTION for Summary Judgment (Redacted version) (redacted version of plaintiffs' opposition) filed by All Plaintiffs. (Sheehan, Spencer) |
| Filing 31 MEMORANDUM in Opposition re #29 Notice of MOTION for Summary Judgment filed by All Plaintiffs. (Sheehan, Spencer) |
| Filing 30 Notice of MOTION for Summary Judgment (Redacted version) by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of August T. Horvath in Support of Motion, #3 Exhibit 1 to Declaration of August T. Horvath, #4 Exhibit 2 to Declaration of August T. Horvath, #5 Exhibit 3 to Declaration of August T. Horvath, #6 Exhibit 4 to Declaration of August T. Horvath, #7 Exhibit 5 to Declaration of August T. Horvath) (Horvath, August) |
| Filing 29 Notice of MOTION for Summary Judgment by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of August T. Horvath in Support of Motion, #3 Exhibit 1 to Declaration of August T. Horvath, #4 Exhibit 2 to Declaration of August T. Horvath, #5 Exhibit 3 to Declaration of August T. Horvath, #6 Exhibit 4 to Declaration of August T. Horvath, #7 Exhibit 5 to Declaration of August T. Horvath, #8 Declaration of Jennifer Holmberg in Support of Motion, #9 Exhibit 1 to Declaration of Jennifer Holmberg, #10 Exhibit 2 to Declaration of Jennifer Holmberg) (Horvath, August) |
| Filing 28 Joint MOTION for Protective Order Governing Production of Confidential Information by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc.. (Attachments: #1 Proposed Order Governing Production of Confidential Information) (Horvath, August) |
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ORDER granting #28 Motion for Protective Order: The joint motion for protective Order Governing Production of Confidential Information is approved and hereby entered as an Order of the Court. So Ordered by Magistrate Judge Steven Tiscione on 10/3/2018. (Vasquez, Lea)
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Filing 27
MEMORANDUM AND ORDER: Defendant's motion "for leave to file redacted versions of Defendant's Memorandum in Support of Motion for Summary Judgment and the supporting declaration of Jennifer Holmberg and exhibits, via the Court's ECF system, with unredacted versions of these documents to be filed under seal, for in camera review by the Court" is granted. Ordered by Judge Jack B. Weinstein on 9/26/2018. (Barrett, C)
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Filing 26
ORDER. An evidentiary hearing on defendant's motion for summary judgment shall be held on 12/4/2018 at 10:30 AM in Courtroom lOB South. Defendant's motion for summary judgment shall be filed by 10/15/2018, plaintiff's opposition filed by 11/8/2018, and defendant's reply filed by 11/22/2018. Ordered by Judge Jack B. Weinstein on 9/25/2018. (Barrett, C)
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ELECTRONIC ORDER granting #25 Motion for Leave to Electronically File Document under Seal, as stated in the court's 9/26/2018 M&O. See ECF No. #27 . Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Jack B. Weinstein on 9/26/2018. (Barrett, C)
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| Filing 25 MOTION for Leave to Electronically File Document under Seal by SFC Global Supply Chain, Inc., Schwan's Company, Schwan's Consumer Brands, Inc., Schwan's Food Service, Inc.. (Attachments: #1 Memorandum in Support of Motion for Summary Judgment, #2 Declaration of Jennifer Holmberg, #3 Exhibit 1 to Declaration of Jennifer Holmberg, #4 Exhibit 2 to Declaration of Jennifer Holmberg) (Horvath, August) |
| Filing 24 Minute Order for Motion Hearing held on 9/5/2018 re #21 MOTION for Discovery filed by Joanne Miller, Shatequa Leguette before Magistrate Judge Steven Tiscione: Sheehan for Plaintiff; Horvath for Defendants. For the reasons discussed on the record, Plaintiff's Motion for Discovery #21 is denied as moot, as the parties will be able to work out the issues on their own. The parties are also hopeful that they will be able to reach a stipulation that will obviate the need for an evidentiary hearing, and will alert the District Court if that occurs. (FTR Log #2:18 - 2:28.) (Vasquez, Lea) |
| Filing 23 First MOTION for Extension of Time to Complete Discovery and adjust briefing schedule and hearing date by Shatequa Leguette, Joanne Miller. (Sheehan, Spencer) |
| Filing 22 RESPONSE to Motion re #21 MOTION for Discovery filed by All Defendants. (Horvath, August) |
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ORDER deferring ruling on #21 Motion for Discovery. The Court defers ruling on the motion for discovery and will hold an in-person hearing on the motion on September 5, 2018 at 2:00 PM in Courtroom 504N. So Ordered by Magistrate Judge Steven Tiscione on 8/21/2018. (Balocca, Louis)
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| Set/Reset Hearings: Discovery Hearing set for 9/5/2018 02:00 PM in Courtroom 504 North before Magistrate Judge Steven Tiscione. (Balocca, Louis) |
| Filing 21 MOTION for Discovery by Shatequa Leguette, Joanne Miller. (Sheehan, Spencer) |
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Filing 20
ORDER. An evidentiary hearing on the parties' motions for summary judgment shall be held on 10/2/2018, at 10:30 A.M, with the parties' summary judgment motions and laboratory reports due on 9/18/2018. Ordered by Judge Jack B. Weinstein on 7/24/2018. (Barrett, C)
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Filing 19
ORDER postponing 7/12/2018 evidentiary hearing. The new dates for the briefing schedule and the evidentiary hearing shall be arranged with case coordinator. Ordered by Judge Jack B. Weinstein on 7/2/2018. (Barrett, C)
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ORDER granting #18 Motion for Extension of Time to File Response to Amended complaint is extended to August 6, 2018. So Ordered by Magistrate Judge Steven Tiscione on 6/11/2018. (Vasquez, Lea)
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| Filing 18 Letter MOTION for Extension of Time to File Response/Reply as to #17 Amended Complaint (with Consent) by Schwans Consumer Brands, Inc.. (Horvath, August) |
| Filing 17 AMENDED COMPLAINT as of right and with added party against All Defendants, filed by Shatequa Leguette. (Sheehan, Spencer) |
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Filing 16
ORDER. Defendant's motion to dismiss is converted to a motion for summary judgment. Either party may submit summary judgment motions by 6/27/2018. An evidentiary hearing on the parties motions for summary judgment shall be held on 7/12/2018, at 10:30 A.M. Ordered by Judge Jack B. Weinstein on 5/23/2018. (Barrett, C)
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| Filing 15 Minute Entry for Initial Conference Hearing held on 5/21/2018proceedings held before Magistrate Judge Steven Tiscione: Sheehan for Plaintiff; Horvath for Defendants. For the reasons discussed on the record, the Court stays discovery pending a decision on Defendants' Motion to Dismiss. (FTR Log #10:17 - 10:22.) (Vasquez, Lea) |
| Filing 14 Notice of Motion to Dismiss for Failure to State a Claim by Schwans Consumer Brands, Inc.. (Attachments: #1 Memorandum in Support) (Horvath, August) Converted to a motion for summary judgment pursuant to #16 Order Judge Weinstein. This entry has been modified on 5/24/2018 to indicate motion #14 has been converted. (Barrett, C). |
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ORDER terminating #13 Motion to Amend/Correct/Supplement. Counsel are relieved of the requirement of providing the Court with a completed Discovery Plan Worksheet prior to the conference. All counsel shall appear for the May 21st conference. The Court will set a discovery schedule at that time if it is deemed necessary. So Ordered by Magistrate Judge Steven Tiscione on 5/4/2018. (Vasquez, Lea)
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| Filing 13 Letter MOTION to Amend/Correct/Supplement #11 Scheduling Order, by Schwans Consumer Brands, Inc.. (Horvath, August) |
| Filing 12 NOTICE of Appearance by August Theodore Horvath on behalf of All Defendants (aty to be noticed) (Horvath, August) |
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Filing 11
SCHEDULING ORDER: An in-person initial conference will be held at 10:00 a.m. on May 21, 2018 before the undersigned in Hearing Room N504 in the North Wing. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than May 18th. So Ordered by Magistrate Judge Steven Tiscione on 4/20/2018. (Vasquez, Lea)
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| Filing 10 NOTICE of Appearance by Spencer I. Sheehan on behalf of All Plaintiffs (aty to be noticed) (Sheehan, Spencer) |
| Filing 9 MOTION to Expedite Expedition and Settlement as Referenced in Dkt. 5 by Shatequa Leguette. (Levin-Epstein, Joshua) |
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STATUS REPORT ORDER. Counsel for Plaintiff shall electronically file a status report with respect to how it intends to proceed against remaining defendant Schwans Consumer Brands, Inc. by 4/13/2018. So Ordered by Magistrate Judge Steven Tiscione on 4/10/2018. (Vasquez, Lea)
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Filing 8
Order Dismissing Defendants Schwan's Food Service, Inc., SFC Global Supply Chain, Inc. and Schwan's Company re #7 Notice of Voluntary Dismissal. Ordered by Judge Jack B. Weinstein on 3/24/2018. (Barrett, C)
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| Filing 7 NOTICE of Voluntary Dismissal by Shatequa Leguette against defendants Schwans Company, Schwans Food Service, Inc. and SFC Global Supply Chain, Inc. (Levin-Epstein, Joshua) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Shatequa Leguette. Schwans Consumer Brands, Inc. waiver sent on 3/20/2018, answer due 5/21/2018. (Levin-Epstein, Joshua) |
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Filing 5
COURT ORDER ON CASE FILING directing Magistrate Judge Tiscione to treat case under Local Rule 72.2 and referring case to the Magistrate Judge for expedition and settlement. Ordered by Judge Jack B. Weinstein on 1/25/2018. (Barrett, C)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Case assigned to Judge Jack B. Weinstein and Magistrate Judge Steven Tiscione. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-10083477 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Shatequa Leguette. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons SFC Global Supply Chain, Inc., #3 Proposed Summons Schwans Food Service, Inc., #4 Proposed Summons Schwans Consumer Brands, Inc., #5 Proposed Summons Schwans Company) (Levin-Epstein, Joshua) |
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