Mhina v. Citizens Bank, N.A. et al
| James P. Mhina |
| Citizens Bank, N.A., Cathleen Nash, John Cruze, Bank of America, N.A., Brian Moynihan, Amy Bidwell, Onondaga County, City of Syracuse, Key Bank, N.A., Woodhaven Apartments, John Cruize, Beth VanDoren, Anthony Collavita, David Burske, Linda Mossulu and Vinod Luthra |
| 5:2022cv00427 |
| May 3, 2022 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Brenda K Sannes |
| Gary L Sharpe |
| Contract: Other |
| 42 U.S.C. § 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 65 Mail Returned as Undeliverable. (Certified Mail) re: #62 Judgment, #61 Order on Motion for Miscellaneous Relief, sent to James P. Mhina Address sent to 540 Seymour St., #3, Syracuse, NY 13204 (khr) |
| USCA Case Number 23-96 for #63 Notice of Appeal filed by James P. Mhina. (nas, ) |
| Filing 64 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #63 Notice of Appeal (khr)(Mailed copy to pro se plaintiff on 1/20/2023) |
| Filing 63 NOTICE OF APPEAL as to #62 Judgment, #61 Order on Motion for Miscellaneous Relief, by James P. Mhina. Filing fee $ 505, receipt number SYR061958. (khr) |
| Filing 62 JUDGMENT ORDERED that Plaintiffs claims against Defendants Bank of America, N.A., Key Bank, N.A., John Cruize, Onondaga County, Beth VanDoren, Cathleen Nash, Amy Bidwell, and Linda Mossulu are DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 4(m). (khr, )(Copy served via regular and certified mail) (Additional attachment(s) added on 1/10/2023: #1 Appeal Notice) (khr, ). |
Filing 61
MEMORANDUM-DECISION AND ORDER dismissing #59 Motion. ORDERED that Plaintiffs claims against Defendants Bank of America, N.A., Key Bank, N.A., John Cruize, Onondaga County, Beth VanDoren, Cathleen Nash, Amy Bidwell, and Linda Mossulu are DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 4(m) IT IS SO ORDERED. Signed by Chief Judge Brenda K. Sannes on 1/9/2023. (Copy served via regular and certified mail)(khr)
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| Filing 60 Letter from James Mhina, Pro Se. (pjh, ) |
| Filing 59 DISPOSITIVE MOTION addressed to Judge Brenda K. Sannes concerning breach of fiduciary duty and breach of legal contracts by the named defendants filed by James P. Mhina, Pro Se. (Attachments: #1 Affidavit of Service)(pjh, ) |
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Filing 58
MEMORANDUM-DECISION AND ORDER TO SHOW CAUSE: It is hereby ORDERED that Plaintiff's motion for summary judgment (Dkt. No. #52 ) is DENIED. It is further ORDERED that Plaintiff's motion for reconsideration (Dkt. No. #53 ) is DENIED. It is further ORDERED that Plaintiff shall file and serve, by December 27, 2022, a response to this Order setting forth why this case should not be dismissed for failure to serve the eight remaining Defendants pursuant to Federal Rule of Civil Procedure 4(m) and/or for failure to comply with Court orders pursuant to Federal Rule of Civil Procedure 41(b). Signed by Chief Judge Brenda K. Sannes on 12/5/2022. (Attachments: #1 Unpublished Case Law cited) (Copy served upon pro se plaintiff via regular mail.) (nmk)
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| Filing 57 CERTIFICATE OF SERVICE of the #56 Letter by James P. Mhina, Pro Se. (pjh, ) |
| Filing 56 Letter in response to the #51 Memorandum-Decision and Order from James Mhina, Pro Se. (pjh, ) |
| Filing 55 RESPONSE in Opposition re #53 MOTION for Reconsideration re #51 Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,,,,, Order on Letter Request,,,,,,,,,,,,,,,,,,,,, Order on Motion for Summary Judgment,,,,,, filed by James P. Mhina. Motion returnable before Jud filed by Citizens Bank, N.A.. (Millsom, Geoffrey) |
| Filing 54 RESPONSE in Opposition re #53 MOTION for Reconsideration re #51 Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,,,,, Order on Letter Request,,,,,,,,,,,,,,,,,,,,, Order on Motion for Summary Judgment,,,,,, filed by James P. Mhina. Motion returnable before Jud Sannes filed by David Burske, City of Syracuse, Anthony Collavita. (Smith, Danielle) |
| Filing 53 MOTION for Reconsideration regarding the #51 Order on Motion to Dismiss for Failure to State a Claim, Order on Letter Request, Order on Motion for Summary Judgment filed by James P. Mhina, Pro Se. Motion returnable before Judge Brenda K. Sannes (Attachments: #1 Affidavit of Service) (pjh, ) |
| Filing 52 MOTION for Summary Judgment filed by James P. Mhina, Pro Se. Motion returnable before Judge Brenda K. Sannes. (Attachments: #1 Affidavit of Service) (pjh, ) |
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Filing 51
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Citizens Bank's motion to dismiss (Dkt. No. #28 ) is GRANTED. It is further ORDERED that Plaintiff's claims against Citizens Bank are DISMISSED without prejudice. It is further ORDERED that the Woodhaven Defendants' motion to dismiss (Dkt. No. #33 ) is GRANTED. It is further ORDERED that Plaintiff's claims against Woodhaven Apartments and Vinod Luthra are DISMISSED without prejudice. It is further ORDERED that the City Defendants' motion to dismiss (Dkt. No. #15 ) is GRANTED. It is further ORDERED that Plaintiff's claims against the City of Syracuse, Anthony Collavita, and David Burske are DISMISSED with prejudice. It is further ORDERED that Plaintiff's motion for summary judgment (Dkt. No. #18 ) is DENIED. It is further ORDERED that Plaintiff's request for permission to refile his second and third motions for summary judgment (Dkt. No. #45 ) is DENIED. It is further ORDERED that Plaintiff is directed to file, by November 18, 2022, (1) proofs of service as to the eight remaining Defendants or (2) a detailed status report addressing the completion of service upon these Defendants. Plaintiff is hereby warned that his failure to comply with this Court order may result in sanctions, up to and including dismissal of his case. Signed by Chief Judge Brenda K. Sannes on 11/1/2022. (Attachments: #1 Unpublished Case Law cited) (Copy served upon pro se plaintiff via regular mail.) (nmk)
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| Filing 50 Letter from James P. Mhina. (Attachments: #1 Affidavit of Service)(gmd, ) |
| Filing 49 Letter Motion from Andrew P. Karamouzis for Key Bank, N.A. requesting Judicial Notice submitted to Judge Brenda K. Sannes . (Karamouzis, Andrew) |
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Filing 48
TEXT ORDER: The #42 Fourth Motion for Summary Judgment filed by James Mhina shall be stricken from the docket in accordance with the 41 Text Order and will not be considered by the Court. The parties are reminded that the Court will not consider any further dispositive motions until after the pending dispositive motions have been decided, including from the plaintiff. SO ORDERED by Judge Brenda K. Sannes on 7/29/2022. [Copy served upon pro se plaintiff via regular mail.] (nmk)
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| Filing 47 CERTIFICATE OF SERVICE by Vinod Luthra, Woodhaven Apartments (Nutter, John) |
| Filing 46 CERTIFICATE OF SERVICE by Vinod Luthra, Woodhaven Apartments (Nutter, John) |
| Filing 45 Letter Request/Motion from James P. Mhina requesting permission to refile the second and third motion for summary judgment. (khr, ) |
| Filing 44 MEMORANDUM OF LAW re #33 Motion to Dismiss, in Further Support of Motion to Dismiss filed by Vinod Luthra, Woodhaven Apartments. (Nutter, John) |
| Filing 43 MEMORANDUM OF LAW re #42 Motion for Summary Judgment, #18 Motion for Summary Judgment In Opposition to All Motions for Summary Judgment of Plaintiff filed by Vinod Luthra, Woodhaven Apartments. (Nutter, John) |
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Filing 41
TEXT ORDER: Plaintiff's #35 Second and #39 Third Motion for Summary Judgment are DENIED without prejudice to Plaintiff seeking permission to refile them following the Court's ruling on plaintiff's first motion for summary judgment by filing a letter request seeking permission. Jackson v. Goord, No. 06-CV-6172 CJS, 2013 WL 1560204, at *5 (W.D.N.Y. Apr. 10, 2013); Johnson v. Gagnon, No. 94-CV- 916, 2016 WL 5408161, at *3 (N.D.N.Y. Sept. 28, 2016). Further, because several dispositive motions are pending, absent an extraordinary showing of good cause by plaintiff, the Court will not consider any further dispositive motions until after the pending dispositive motions have been decided. SO ORDERED by Judge Brenda K. Sannes on 7/26/2022. [Copy served upon pro se plaintiff via regular mail.] (nmk)
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| Filing 42 *STRICKEN* FOURTH MOTION for Summary Judgment filed by James P. Mhina. Motion returnable before U.S. District Judge Brenda K. Sannes. (Attachments: #1 Affidavit of Service) (map) Stricken on 7/29/2022. (nmk) |
| Filing 40 RESPONSE in Opposition re #39 MOTION for Summary Judgment filed by James P. Mhina.. filed by Citizens Bank, N.A.. (Millsom, Geoffrey) |
| Filing 39 THIRD MOTION for Summary Judgment filed by James P. Mhina. (Attachments: #1 Affidavit of Service) (mgh) |
| Filing 38 RESPONSE in Opposition re #35 MOTION for Summary Judgment filed by James P. Mhina. Motion returnable before Judge Brenda K. Sannes. filed by David Burske, City of Syracuse, Anthony Collavita. (Attachments: #1 Memorandum of Law)(Smith, Danielle) |
| Filing 37 RESPONSE in Opposition re #35 MOTION for Summary Judgment filed by James P. Mhina. Motion returnable before Judge Brenda K. Sannes. filed by Citizens Bank, N.A.. (Millsom, Geoffrey) |
| Filing 36 NOTICE to pro se plaintiff: Reply to Dkt. No. #35 Second Motion for Summary Judgment is due by 8/9/2022. (hmr) |
| Clerk mailed a copy of the Dkt. No. #36 Notice to pro se plaintiff via regular mail on 7/13/2022. (hmr) |
| Filing 35 SECOND MOTION for Summary Judgment filed by James P. Mhina. Motion returnable before Judge Brenda K. Sannes. Response to Motion due by 8/2/2022. Reply to Response to Motion due by 8/9/2022 (Attachments: #1 Affidavit of Service) (hmr) |
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Filing 34
TEXT ORDER: No later than 7/22/2022, Plaintiff is directed to file (1) proofs of service as to all Defendants pursuant to General Order 25 [see Dkt. No. 2], or (2) a detailed status report addressing the completion of service upon all Defendants. See Dkt. No. 2. SO ORDERED by Magistrate Judge Miroslav Lovric on 7/1/2022. (Copy served upon Plaintiff via regular mail)(jdp )
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| Filing 33 MOTION to Dismiss filed by Vinod Luthra, Woodhaven Apartments. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 7/22/2022. Reply to Response to Motion due by 7/29/2022 (Attachments: #1 Declaration of John C. Nutter, Esq., #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Memorandum of Law) (Nutter, John) |
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Filing 32
ORDER OF RECUSAL: It is hereby ORDERED that, pursuant to 28 U.S.C. 455, the undersigned disqualifies himself from presiding over this matter; and it is further ORDERED that the Clerk shall reassign this matter to another District Judge; and it is further ORDERED that the case has been randomly reassigned to District Judge Brenda K. Sannes; and it is further ORDERED that the case remains assigned to the Honorable Miroslav Lovric, U.S. Magistrate Judge; and it is further ORDERED that the Clerk provide a copy of this Order to plaintiff in accordance with the Local Rules of Practice. Signed by Senior Judge Gary L. Sharpe on 6/22/2022. {Copy served upon pro se plaintiff via regular mail}(pjh, )
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| Filing 31 RESPONSE in Opposition to the #28 MOTION to Dismiss for Failure to State a Claim and pursuant to Rule 12(b)(5)-(6) filed by Citizens Bank, N.A. Motion returnable before Judge Sharpe filed by James P. Mhina, Pro Se. (pjh, ) |
| Filing 30 NOTICE - That plaintiff's response to the #28 MOTION to Dismiss for Failure to State a Claim and pursuant to Rule 12(b)(5)-(6) filed by Citizens Bank, N.A. shall be filed on or before July 5, 2022. (jel, ) (Copy served via regular mail) |
| Filing 29 RESPONSE in Opposition re #18 MOTION for Summary Judgment filed by James P. Mhina. Motion returnable before Judge Gary L. Sharpe. filed by Citizens Bank, N.A.. (Millsom, Geoffrey) |
| Filing 28 MOTION to Dismiss for Failure to State a Claim and pursuant to Rule 12(b)(5)-(6) filed by Citizens Bank, N.A.. Motion returnable before Judge Sharpe Response to Motion due by 7/5/2022. Reply to Response to Motion due by 7/11/2022 (Attachments: #1 Memorandum of Law, #2 Declaration of Kevin Farrell, #3 Exhibit(s) A - certified mailing) (Millsom, Geoffrey) |
| Filing 27 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Citizens Bank, N.A. identifying Corporate Parent Citizens Financial Group, Inc., Other Affiliate The Vanguard Group, Inc. for Citizens Bank, N.A... (Millsom, Geoffrey) |
| Filing 26 NOTICE of Appearance by Geoffrey Williams Millsom on behalf of Citizens Bank, N.A. (Millsom, Geoffrey) |
| Filing 25 NOTICE of Appearance by Brenna Anatone Force on behalf of Citizens Bank, N.A. (Force, Brenna) |
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Filing 24
TEXT ORDER: Motion #23 is GRANTED insofar as and to the extent that Defendants Vinod Luthra and Woodhaven Apartments are directed to respond to the Amended Complaint by 7/1/2022. Plaintiff is reminded and directed to timely file proofs of service as to all Defendants pursuant to General Order 25 [see Dkt. No. 2], which directs that service of process should be completed within sixty (60) days from the initial filing date of this case. In addition, proofs of service of process upon all Defendants are to be filed by Plaintiff with the Clerk's office no later than five (5) days after service of the Complaint. See Dkt. No. 2. SO ORDERED by Magistrate Judge Miroslav Lovric on 6/13/2022. (Copy served upon Plaintiff via regular mail) (jdp)
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| Filing 23 MOTION for Extension of Time to File Answer re #10 Summons Issued, #1 Complaint, filed by Vinod Luthra, Woodhaven Apartments. Response to Motion due by 6/30/2022 (Attachments: #1 Certificate of Service) Motions referred to Miroslav Lovric. (Nutter, John) |
| Filing 22 APPENDIX by James P. Mhina, Pro Se regarding the # 9 Order on Notice of Potential Related Case and the # 8 Order on Motion for Summary Judgment. (pjh, ) |
| Filing 21 RESPONSE in Opposition re #18 MOTION for Summary Judgment filed by James P. Mhina. Motion returnable before Judge Gary L. Sharpe. filed by David Burske, City of Syracuse, Anthony Collavita. (Attachments: #1 Memorandum of Law)(Smith, Danielle) |
| Filing 20 REPLY to Response to Motion re #15 MOTION to Dismiss for res judicata, statute of limitations and failure to state a claim filed by David Burske, City of Syracuse, Anthony Collavita. Motion returnable before Judge Sharpe filed by David Burske, City of Syracuse, Anthony Collavita. (Smith, Danielle) |
| Filing 19 RESPONSE in Opposition regarding the #15 MOTION to Dismiss for res judicata, statute of limitations and failure to state a claim filed by David Burske, City of Syracuse, Anthony Collavita. Motion returnable before Judge Sharpe filed by James P. Mhina, Pro Se. (pjh, ) |
| Filing 18 MOTION for Summary Judgment filed by James P. Mhina. Motion returnable before Judge Gary L. Sharpe. Response to Motion due by 6/17/2022. Reply to Response to Motion due by 6/24/2022 (pjh, ) |
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Filing 17
TEXT ORDER: In light of the filing of the #15 MOTION to Dismiss, the Rule 16 initial conference scheduled for 8/3/2022, is adjourned without date. Plaintiff is directed to timely file proofs of service pursuant to General Order 25, which directs that service of process should be completed within sixty days from the initial filing date. In addition, proofs of service of process are to be filed with the Clerk's office no later than five days after service of the Complaint. SO ORDERED by Magistrate Judge Miroslav Lovric on 5/25/2022. (Copy served upon Pltf via reg. mail) (amt)
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| Filing 16 NOTICE that plaintiff's response to the #15 MOTION to Dismiss for res judicata, statute of limitations and failure to state a claim filed by David Burske, City of Syracuse, Anthony Collavita shall be filed on or before June 14, 2022. (jel, )(Copy mailed to plaintiff) |
| Filing 15 MOTION to Dismiss for res judicata, statute of limitations and failure to state a claim filed by David Burske, City of Syracuse, Anthony Collavita. Motion returnable before Judge Sharpe Response to Motion due by 6/14/2022. Reply to Response to Motion due by 6/21/2022 (Attachments: #1 Declaration, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Memorandum of Law) (Smith, Danielle) |
| Filing 14 NOTICE of Appearance by Danielle R. Smith on behalf of David Burske, City of Syracuse, Anthony Collavita (Smith, Danielle) |
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Filing 13
TEXT ONLY ORDER --- To the extent that plaintiff pro se James P. Mhina seeks any relief in his latest filing, (Dkt. No. 11), which the court does not construe as a motion, it is DENIED. Issued by Senior Judge Gary L. Sharpe on 5/20/2022. (Copy served via regular mail)(jel, )
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| Filing 12 Letter Motion for Citizens Bank, N.A. . (Attachments: #1 Summons and Civil Rights Complaint)(Katz, Mitchell) |
| Filing 11 RESPONSE by James P. Mhina re 8 Order on Motion for Summary Judgment. (khr) |
| Filing 10 Summons Issued as to John Cruize. (Attachments: #1 Summons issued to Onondaga County, #2 Summons issued to Vinod Luthra, #3 Summons issued to Beth VanDoren, #4 Summons issued to Cathleen Nash, #5 Summons issued to Amy Bidwell, #6 Summons issued to City of Syracuse, #7 Summons issued to Anthony Collavita, #8 Summons issued to David Burske, #9 Summons issued to Linda Mossulu)(khr) |
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Filing 9
TEXT ONLY ORDER granting [] Direct Assignment. The cases are deemed related. Issued by Senior Judge Gary L. Sharpe on 5/11/2022. (Copy served via regular mail)(jel, )
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Filing 8
TEXT ONLY ORDER --- In light of plaintiff's filing of an amended complaint, (Dkt. No. 6), his motion for summary judgment, (Dkt. No. 4), is DENIED as moot. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 5/11/2022. (Copy served via regular mail)(jel, )
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| Filing 7 NOTICE of Change of Address by James P. Mhina Effective Date 5/11/2022 Old Address: PO Box 133, Syracuse, NY 13201 New Address: 540 Seymour Street, #3, Syracuse, NY 13204 (khr) |
| Filing 6 AMENDED COMPLAINT WITH JURY DEMAND against Bank of America, N.A., Amy Bidwell, David Burske, Citizens Bank, N.A., City of Syracuse, Anthony Collavita, John Cruize, Key Bank, N.A., Linda Mossulu, Cathleen Nash, Onondaga County, Beth VanDoren, Woodhaven Apartments filed by James P. Mhina.(khr) |
| Filing 5 Summons Issued as to Key Bank, N.A. (Attachments: #1 Summons issued to Bank of America, #2 Summons issued to Citizen Bank, #3 Summons issued to Woodhaven Apartments)(khr) |
| TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 5:15-cv-327. (khr) |
| Filing 4 MOTION for Summary Judgment filed by James P. Mhina. Motion returnable before Judge Sharpe. Response to Motion due by 5/25/2022. Reply to Response to Motion due by 6/1/2022 (khr) |
| Filing 3 PRO SE HANDBOOK and NOTICE issued and explained to James P. Mhina at time complaint was filed on 5/3/2022. (khr)(Pro se notice, pro se handbook and local rules provided to pro se plaintiff at the time of filing on 5/3/2022) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: All conferences will be conducted by way of telephone conference. The parties are directed to call (877)402-9753 and enter access code 9983518. Initial Conference set for 8/3/2022 10:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/27/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr)(Provided copy to pro se plaintiff at the time of filing) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Bank of America, N.A., Amy Bidwell, Citizens Bank, N.A., City of Syracuse, John Cruze, Key Bank, N.A., Brian Moynihan, Cathleen Nash, Onondaga County, Woodhaven Apartments (Filing fee $402 receipt number SYR060772) filed by James P. Mhina. (Attachments: #1 Civil Cover Sheet, #2 Affidavit of Service)(khr) |
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