Adsport, Inc. v. Opko Health, Inc. et al
| Adsport, Inc. and Amidex Funds |
| Phillip Frost and Opko Health, Inc. |
| John Kleiss, Provident Fund of the Employees of the Hebrew University of Jerusalem Ltd., Erste Asset Management GmbH, Alumot Mutual Fund Management Company, LEWIS COHEN, Barbara Weiss, Zodiac International Investment Fund Ltd., Steven Weston, Amitim Funds, Jarat Yenrudeepree, ROBERT J. DAVIS, Opko Investor Group and Weston Family Partnership, LLLP |
| 1:2018cv08456 |
| September 17, 2018 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Securities/Commodities |
| 28 U.S.C. § 1331 sv |
| Plaintiff |
Docket Report
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| Received e-mail from the United States District Court - Southern District of Florida acknowledging receipt of transferred case. Assigned Case Number: 1:19-cv-20003, filed on 01/02/2019. (sjo) |
Filing 63
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, subject to approval by the Court, as follows: 1. The AdSport Action shall be transferred to the United States District Court of Florida. 2. Nothing in this Stipulation shall be construed as a waiver of any defense available to Defendants. 3. This Stipulation may be signed in counterparts. SO ORDERED. (Signed by Judge Edgardo Ramos on 12/26/2018) (kv) Modified on 12/27/2018 (kv).
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of Florida. (kv) |
| Filing 62 PROPOSED STIPULATION AND ORDER. Document filed by Opko Health, Inc.. (Gerber, Jared) |
| Filing 61 NOTICE of Withdrawal of Motion re: #22 MOTION to Appoint Steven Weston and the Weston Family Partnership, LLLP to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Steven Weston, Weston Family Partnership, LLLP. (Amjed, Naumon) |
| Filing 60 REPLY MEMORANDUM OF LAW in Support re: #43 MOTION to Appoint Amitim Funds to serve as lead plaintiff(s) . . Document filed by Amitim Funds. (Josefson, Avi) |
| Filing 59 NOTICE of of Withdrawal re: #15 MOTION to Appoint Lewis Cohen and Robert J. Davis to serve as lead plaintiff(s) and Approval of Their Selection of Counsel.. Document filed by LEWIS COHEN, ROBERT J. DAVIS. (Gershon, A.) |
| Filing 58 MEMORANDUM OF LAW in Support re: #43 MOTION to Appoint Amitim Funds to serve as lead plaintiff(s) . . Document filed by Amitim Funds. (Josefson, Avi) |
| Filing 57 NOTICE of of Withdrawal of Motion of AMIDEX Funds, Inc. for Appointment as Lead Plaintiff and Approval of Selection of Counsel re: #47 MOTION to Appoint Amidex Funds, Inc. to serve as lead plaintiff(s) ., #21 MOTION to Appoint Amidex Funds, Inc. to serve as lead plaintiff(s) .. Document filed by Amidex Funds. (Roseman, Robert) |
| Filing 56 NOTICE of Non-Opposition re: #43 MOTION to Appoint Amitim Funds to serve as lead plaintiff(s) .. Document filed by John Kleiss. (Guiney, Matthew) |
| Filing 55 NOTICE of Erste Asset Management GmbH re: #36 MOTION to Appoint Erste Asset Management GmbH to serve as lead plaintiff(s) .. Document filed by Erste Asset Management GmbH. (Narwold, William) |
| Filing 54 NOTICE of Withdrawal of Jarat Yenrudeepree's Motion for Appointment as Lead Plaintiff and Approval of Lead Counsel re: #26 MOTION to Appoint JARAT YENRUDEEPREE to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Jarat Yenrudeepree. (Gonnello, Richard) |
| Filing 53 RESPONSE to Motion re: #47 MOTION to Appoint Amidex Funds, Inc. to serve as lead plaintiff(s) ., #30 MOTION to Appoint Counsel . MOTION to Appoint Richard Cardilli, Anthony T. DeRosa, Tawei Ho, Charles Saulson, and Connie Wendt to serve as lead plaintiff(s) ., #18 MOTION to Appoint John Kleiss to serve as lead plaintiff(s) . MOTION to Appoint Counsel - Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel., #43 MOTION to Appoint Amitim Funds to serve as lead plaintiff(s) ., #15 MOTION to Appoint Lewis Cohen and Robert J. Davis to serve as lead plaintiff(s) and Approval of Their Selection of Counsel., #22 MOTION to Appoint Steven Weston and the Weston Family Partnership, LLLP to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #36 MOTION to Appoint Erste Asset Management GmbH to serve as lead plaintiff(s) ., #26 MOTION to Appoint JARAT YENRUDEEPREE to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Barbara Weiss. (Rosenfeld, David) |
| Filing 52 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Amitim Funds.(Josefson, Avi) |
| Filing 51 NOTICE of Withdrawal of Motion of the Opko Investor Group re: #30 MOTION to Appoint Counsel . MOTION to Appoint Richard Cardilli, Anthony T. DeRosa, Tawei Ho, Charles Saulson, and Connie Wendt to serve as lead plaintiff(s) .. Document filed by Opko Investor Group. (Hopkins, Shannon) |
| Filing 50 PROPOSED ORDER. Document filed by Amidex Funds. Related Document Number: #47 . (Roseman, Robert) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 49 DECLARATION of Robert Roseman in Support re: #47 MOTION to Appoint Amidex Funds, Inc. to serve as lead plaintiff(s) .. Document filed by Amidex Funds. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Roseman, Robert) |
| Filing 48 MEMORANDUM OF LAW in Support re: #47 MOTION to Appoint Amidex Funds, Inc. to serve as lead plaintiff(s) . . Document filed by Amidex Funds. (Roseman, Robert) |
| Filing 47 MOTION to Appoint Amidex Funds, Inc. to serve as lead plaintiff(s) . Document filed by Amidex Funds.(Roseman, Robert) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Mark Robert Rosen to RE-FILE Document #15 MOTION to Appoint Lewis Cohen and Robert J. Davis to serve as lead plaintiff(s) and Approval of Their Selection of Counsel. ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Mark Robert Rosen to RE-FILE Document #16 Declaration in Support of Motion. ERROR(S): Document(s) linked to filing error. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Robert Mark Roseman to RE-FILE Document #21 MOTION to Appoint Amidex Funds, Inc. to serve as lead plaintiff(s) . ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #29 Proposed Order #46 Proposed Order #25 Proposed Order was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #50 Proposed Order was reviewed and approved as to form. (km) |
| Filing 46 PROPOSED ORDER. Document filed by Amitim Funds. Related Document Number: [ECF No. 43]. (Josefson, Avi) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 45 DECLARATION of Avi Josefson in Support re: #43 MOTION to Appoint Amitim Funds to serve as lead plaintiff(s) .. Document filed by Amitim Funds. (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Loss Chart, #3 Exhibit C - Kerznowski Notice, #4 Exhibit D - Adsport Notice, #5 Exhibit E - Firm Resume)(Josefson, Avi) |
| Filing 44 MEMORANDUM OF LAW in Support re: #43 MOTION to Appoint Amitim Funds to serve as lead plaintiff(s) . . Document filed by Amitim Funds. (Josefson, Avi) |
| Filing 43 MOTION to Appoint Amitim Funds to serve as lead plaintiff(s) . Document filed by Amitim Funds.(Josefson, Avi) |
| Filing 42 DECLARATION of Jeremy A. Lieberman in Support re: #40 MOTION to Appoint Zodiac International Investment Fund Ltd., Alumot Mutual Fund Management Company, and Provident Fund of the Employees of the Hebrew University of Jerusalem Ltd. to serve as lead plaintiff(s) . MOTION to Approve Counsel .. Document filed by Alumot Mutual Fund Management Company, Provident Fund of the Employees of the Hebrew University of Jerusalem Ltd., Zodiac International Investment Fund Ltd.. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certifications, #3 Exhibit C - Loss Chart, #4 Exhibit D - Joint Declaration, #5 Exhibit E - Firm Resume)(Lieberman, Jeremy) |
| Filing 41 MEMORANDUM OF LAW in Support re: #40 MOTION to Appoint Zodiac International Investment Fund Ltd., Alumot Mutual Fund Management Company, and Provident Fund of the Employees of the Hebrew University of Jerusalem Ltd. to serve as lead plaintiff(s) . MOTION to Approve Counsel . . Document filed by Alumot Mutual Fund Management Company, Provident Fund of the Employees of the Hebrew University of Jerusalem Ltd., Zodiac International Investment Fund Ltd.. (Lieberman, Jeremy) |
| Filing 40 MOTION to Appoint Zodiac International Investment Fund Ltd., Alumot Mutual Fund Management Company, and Provident Fund of the Employees of the Hebrew University of Jerusalem Ltd. to serve as lead plaintiff(s) ., MOTION to Approve Counsel . Document filed by Zodiac International Investment Fund Ltd., Alumot Mutual Fund Management Company, Provident Fund of the Employees of the Hebrew University of Jerusalem Ltd.. (Attachments: #1 Text of Proposed Order)(Lieberman, Jeremy) |
| Filing 39 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Erste Bank Beteiligungen GmbH, Other Affiliate Erste Group Bank AG for Erste Asset Management GmbH. Document filed by Erste Asset Management GmbH.(Narwold, William) |
| Filing 38 DECLARATION of William H. Narwold in Support re: #36 MOTION to Appoint Erste Asset Management GmbH to serve as lead plaintiff(s) .. Document filed by Erste Asset Management GmbH. (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Loss Chart, #3 Exhibit C - Notice, #4 Exhibit D - Motley Rice Resume)(Narwold, William) |
| Filing 37 MEMORANDUM OF LAW in Support re: #36 MOTION to Appoint Erste Asset Management GmbH to serve as lead plaintiff(s) . . Document filed by Erste Asset Management GmbH. (Narwold, William) |
| Filing 36 MOTION to Appoint Erste Asset Management GmbH to serve as lead plaintiff(s) . Document filed by Erste Asset Management GmbH. (Attachments: #1 Text of Proposed Order)(Narwold, William) |
| Filing 35 DECLARATION of David A. Rosenfeld in Support re: #33 MOTION to Appoint Barbara Weiss to serve as lead plaintiff(s) . MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP.. Document filed by Barbara Weiss. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B- Certification, #3 Exhibit C- Loss Chart, #4 Exhibit D - RGRD Firm Resume)(Rosenfeld, David) |
| Filing 34 MEMORANDUM OF LAW in Support re: #33 MOTION to Appoint Barbara Weiss to serve as lead plaintiff(s) . MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP. . Document filed by Barbara Weiss. (Rosenfeld, David) |
| Filing 33 MOTION to Appoint Barbara Weiss to serve as lead plaintiff(s) ., MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP. Document filed by Barbara Weiss. (Attachments: #1 Text of Proposed Order)(Rosenfeld, David) |
| Filing 32 DECLARATION of Shannon L. Hopkins in Support re: #30 MOTION to Appoint Counsel . MOTION to Appoint Richard Cardilli, Anthony T. DeRosa, Tawei Ho, Charles Saulson, and Connie Wendt to serve as lead plaintiff(s) .. Document filed by Opko Investor Group. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hopkins, Shannon) |
| Filing 31 MEMORANDUM OF LAW in Support re: #30 MOTION to Appoint Counsel . MOTION to Appoint Richard Cardilli, Anthony T. DeRosa, Tawei Ho, Charles Saulson, and Connie Wendt to serve as lead plaintiff(s) . . Document filed by Opko Investor Group. (Hopkins, Shannon) |
| Filing 30 MOTION to Appoint Counsel ., MOTION to Appoint Richard Cardilli, Anthony T. DeRosa, Tawei Ho, Charles Saulson, and Connie Wendt to serve as lead plaintiff(s) . Document filed by Opko Investor Group. (Attachments: #1 Text of Proposed Order)(Hopkins, Shannon) |
| Filing 29 PROPOSED ORDER. Document filed by Jarat Yenrudeepree. Related Document Number: #26 . (Gonnello, Richard) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 28 DECLARATION of Richard W. Gonnello in Support re: #26 MOTION to Appoint JARAT YENRUDEEPREE to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Jarat Yenrudeepree. (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - PSLRA Certification, #3 Exhibit C - Loss Calculation, #4 Exhibit D - Faruqi & Faruqi, LLP Firm Resume)(Gonnello, Richard) |
| Filing 27 MEMORANDUM OF LAW in Support re: #26 MOTION to Appoint JARAT YENRUDEEPREE to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Jarat Yenrudeepree. (Gonnello, Richard) |
| Filing 26 MOTION to Appoint JARAT YENRUDEEPREE to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Jarat Yenrudeepree.(Gonnello, Richard) |
| Filing 25 PROPOSED ORDER. Document filed by Steven Weston, Weston Family Partnership, LLLP. Related Document Number: #22 . (Amjed, Naumon) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 24 DECLARATION of Naumon A. Amjed in Support re: #22 MOTION to Appoint Steven Weston and the Weston Family Partnership, LLLP to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Steven Weston, Weston Family Partnership, LLLP. (Attachments: #1 Exhibit A - Certifications, #2 Exhibit B - Loss Chart, #3 Exhibit C- Notice of Pendency, #4 Exhibit D- Firm Resume)(Amjed, Naumon) |
| Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Appoint Steven Weston and the Weston Family Partnership, LLLP to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Steven Weston, Weston Family Partnership, LLLP. (Amjed, Naumon) |
| Filing 22 MOTION to Appoint Steven Weston and the Weston Family Partnership, LLLP to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Steven Weston, Weston Family Partnership, LLLP.(Amjed, Naumon) |
| Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Appoint Amidex Funds, Inc. to serve as lead plaintiff(s) . Document filed by Amidex Funds. (Attachments: #1 Brief, #2 Declaration, #3 Text of Proposed Order, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Roseman, Robert) Modified on 11/14/2018 (db). |
| Filing 20 DECLARATION of Matthew M. Guiney in Support re: #18 MOTION to Appoint John Kleiss to serve as lead plaintiff(s) . MOTION to Appoint Counsel - Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel.. Document filed by John Kleiss. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Guiney, Matthew) |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Appoint John Kleiss to serve as lead plaintiff(s) . MOTION to Appoint Counsel - Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. . Document filed by John Kleiss. (Guiney, Matthew) |
| Filing 18 MOTION to Appoint John Kleiss to serve as lead plaintiff(s) ., MOTION to Appoint Counsel - Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. Document filed by John Kleiss.(Guiney, Matthew) |
| Filing 17 CERTIFICATE OF SERVICE of Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel, Memorandum of Law in Support of Motion, Declaration in Support of Motion and Proposed Order served on All Counsel of Record on November 13, 2018. Document filed by LEWIS COHEN, ROBERT J. DAVIS. (Rosen, Mark) |
| Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Mark R. Rosen, Esquire in Support re: #15 MOTION to Appoint Lewis Cohen and Robert J. Davis to serve as lead plaintiff(s) and Approval of Their Selection of Counsel.. Document filed by LEWIS COHEN, ROBERT J. DAVIS. (Attachments: #1 Exhibit A - Cohen and Davis Certifications, #2 Exhibit B - Loss Charts, #3 Exhibit C - Notice, #4 Exhibit D - Firm Biography, #5 Exhibit E - Joint Declarations)(Rosen, Mark) Modified on 11/14/2018 (db). |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Appoint Lewis Cohen and Robert J. Davis to serve as lead plaintiff(s) and Approval of Their Selection of Counsel. Document filed by LEWIS COHEN, ROBERT J. DAVIS. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Text of Proposed Order)(Rosen, Mark) Modified on 11/14/2018 (db). |
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Filing 14
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, subject to approval by the Court, as follows: 1. Defendants shall not be required to answer or otherwise respond to the Complaint, and hereby are expressly relieved from answering or otherwise responding to the Complaint. 2. Upon the entry of an Order appointing lead plaintiff(s) and lead counsel in the above~captioned action (or a consolidated action encompassing the above-captioned action) pursuant to the PSLRA, lead counsel and Defendants will cooperate to determine, subject to court approval, a schedule for the submission of (or will submit pursuant to any existing court-approved schedule) any proposed amended complaint and Defendants' responses thereto. 3. There have been no requests for an extension of time previously made in this matter. 4. Nothing in this Stipulation shall be construed as a waiver of any defense available to Defendants. (Signed by Judge Edgardo Ramos on 10/9/2018) (mro)
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| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by Opko Health, Inc.. (Gerber, Jared) |
| Filing 12 NOTICE OF APPEARANCE by Jared Mitchell Gerber on behalf of Opko Health, Inc.. (Gerber, Jared) |
| Filing 11 AFFIDAVIT OF SERVICE. Phillip Frost served on 9/19/2018, answer due 10/10/2018. Service was accepted by Kadeem Grant, Employee. Document filed by Adsport, Inc.. (Campisi, Jeffrey) |
| Filing 10 AFFIDAVIT OF SERVICE. Opko Health, Inc. served on 9/19/2018, answer due 10/10/2018. Service was accepted by Kadeem Grant, Employee. Document filed by Adsport, Inc.. (Campisi, Jeffrey) |
| NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case. (jc) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-08175-ER. Notice of Assignment to follow. (jc) |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Phillip Frost. (pne) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Opko Health, Inc.. (pne) |
| Filing 7 NOTICE OF APPEARANCE by Jeffrey Philip Campisi on behalf of Adsport, Inc.. (Campisi, Jeffrey) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Complaint. Filing fee $ 400.00. Pay.gov receipt number 0208-15580073, paid on 09/17/2018. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeffrey Philip Campisi. The party information for the following party/parties has been modified: Adsport, Inc.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey Philip Campisi. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction has been made to your case entry: the County code has been modified to XX Out of State. (pne) |
| CASE REFERRED TO Judge Edgardo Ramos as possibly related to 18CV8175. (pne) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Phillip Frost, re: #1 Complaint. Document filed by Adsport, Inc.. (Campisi, Jeffrey) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Opko Health, Inc., re: #1 Complaint. Document filed by Adsport, Inc.. (Campisi, Jeffrey) |
| Filing 4 RELATED CASE AFFIRMATION of Jeffrey P. Campisi re: that this action be filed as related to 18-cv-08175. Document filed by Adsport, Inc..(Campisi, Jeffrey) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Adsport, Inc..(Campisi, Jeffrey) |
| Filing 2 CIVIL COVER SHEET filed. (Campisi, Jeffrey) |
| Filing 1 COMPLAINT against Phillip Frost, Opko Health, Inc.. Document filed by Adsport, Inc..(Campisi, Jeffrey) |
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