Chumachenko et al v. Belan
| Olena Chumachenko |
| Valentyn Belan |
| 1:2018cv09728 |
| October 23, 2018 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on December 10, 2018. A more recent docket listing may be available from PACER.
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Filing 60
ENDORSED LETTER: addressed to Judge Laura Taylor Swain from Larry M. Carlin dated 12/10/2018 re: Request that the conference scheduled tomorrow be adjourned. ENDORSEMENT: The foregoing request is Granted. The conference is adjourned to February 7, 2019 at 3:00 p.m. SO ORDERED., ( Status Conference set for 2/7/2019 at 03:00 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 12/10/2018) (ama)
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Filing 59
MEMO ENDORSED granting #58 Motion to Direct. ENDORSEMENT: The foregoing request is granted. The U.S. Marshals Service is respectfully directed to produce Mr. Belan for the December 11, 2018, conference in Courtroom 17C. Docket Entry No. 58 is resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/10/2018) Copy sent to U.S. Marshals Service via inter-office mail on 12/10/2018. (kv)
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| Filing 58 MOTION to Direct US Marshal to Produce Respondent at Conference. Document filed by Valentyn Belan.(Saltzman, Neil) |
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Filing 57
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Court concludes that Petitioner has proven by a preponderance of the evidence that (i) the Children were at all relevant times habitual residents of Ukraine; (ii) the removal of the Children from Ukraine violated Petitioners custody rights under the law of Ukraine; and (iii) that Petitioner was exercising these rights at the time of the Childrens removal. The Court further concludes that Respondent has not proven by a preponderance of the evidence his defense under Article 13(a) of the Convention, i.e., that Petitioner consented to the Childrens removal. Therefore, Petitioner has proven that the Children were wrongfully removed to and retained in the United States by Respondent, and her Petition for Return of the Children to Ukraine is granted. This case, which concerns the removal of the young Children from the country that was their home, is almost concluded. It is, however, only a building block in the construction of a proper foundation for the Childrens future lives. They are loved and wanted by both parents. The Court urges the parents, as they prepare arrangements for the return and care of the children, to make working together to ensure that these young boys can live in an atmosphere of love and emotional security, whether or not the family is ultimately reunited, their highest priority. The parties are directed to appear for a conference with the Court on December 11, 2018, at 2:00 p.m. in Courtroom 17C to establish the timing and circumstances for the return of the Children to Ukraine. Petitioner is directed to make any motion for attorneys fees and expenses pursuant to Article 26 of the Convention and 22 U.S.C. 9007(b)(3) by way of motion practice pursuant to Federal Rule of Civil Procedure 54(d), which must be commenced no later than 14 days following the entry of judgment. Respondent is directed to file his opposition papers, if any, within 14 days thereafter. Costs shall be taxed in accordance with Federal Rule of Civil Procedure 54(d). SO ORDERED. (Status Conference set for 12/11/2018 at 02:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 12/7/2018) (jca)
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| Filing 56 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 11/29/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 55 TRANSCRIPT of Proceedings re: TRIAL held on 11/29/2018 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/26/2018. Redacted Transcript Deadline set for 1/5/2019. Release of Transcript Restriction set for 3/5/2019.(McGuirk, Kelly) |
| Filing 54 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 11/27/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 53 TRANSCRIPT of Proceedings re: TRIAL held on 11/27/2018 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/26/2018. Redacted Transcript Deadline set for 1/5/2019. Release of Transcript Restriction set for 3/5/2019.(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Laura Taylor Swain: Evidentiary Hearing held on 11/29/2018. Plaintiffs counsel Richard Min and Larry Carlin present.Defendants counsel Neil Saltzman and Jeremy Morley present. Court Reporter(s) Karen Gorlaski and Paula Speer present. Russian Interpreters present. EVIDENTIARY HEARING held and completed. Witnesses called and sworn. Exhibits admitted. The Court takes this matter under advisement and the parties will be notified when a decision has been rendered. (lan) |
| Filing 52 LETTER addressed to Judge Laura Taylor Swain from Neil Saltzman dated 11/28/18 re: Grave Risk and Witness List. Document filed by Valentyn Belan.(Saltzman, Neil) |
| Filing 51 AFFIDAVIT of I Krutienko . Document filed by Valentyn Belan. (Saltzman, Neil) |
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Filing 50
ORDER: Respondent is directed to file the Affidavit of Aleksandr Krutienko, which was provided to the Court in hard copy on November 19, 2018, on the public docket in the above-captioned case. Counsel are directed to ensure that Mr. Krutienko's affidavit, and all other publicly filed documents, contain the appropriate redactions of the minor children's identifying information. See Fed.R.Civ.P.5.2. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/28/2018) (anc) Modified on 11/29/2018 (anc).
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| Minute Entry for proceedings held before Judge Laura Taylor Swain: Evidentiary Hearing held on 11/27/2018. Plaintiffs counsel Richard Min and Larry Carlin present.Defendants counsel Neil Saltzman and Jeremy Morley present. Court Reporter(s) Karen Gorlaski and Paula Speer present. Russian Interpreters present. EVIDENTIARY HEARING began and held. Witnesses called and sworn. Exhibits admitted. Evidentiary Hearing to continue on 11/29/2018 at 9:30am. (lan) Modified on 12/4/2018 (lan). |
| Minute Entry for proceedings held before Judge Laura Taylor Swain: Final Pretrial Conference held on 11/26/2018. Court Reporter Kristen Carannante present. FPTC held. The Evidentiary Hearing is scheduled for 11/27/2018 and 11/29/2018 at 9:30am. Hearing logistics discussed. (lan) |
| Filing 49 WITNESS LIST. Document filed by Valentyn Belan.(Saltzman, Neil) |
| Filing 48 Exhibit List . Document filed by Valentyn Belan.(Saltzman, Neil) |
| Filing 47 JOINT PRETRIAL STATEMENT for Stipulation of Undisputed Facts. Document filed by Olena Chumachenko(on behalf of P.B., a minor child).(Min, Richard) |
| Filing 46 Exhibit List . Document filed by Olena Chumachenko(on behalf of P.B., a minor child).(Min, Richard) |
| Filing 45 WITNESS LIST. Document filed by Olena Chumachenko(on behalf of P.B., a minor child).(Min, Richard) |
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Filing 44
MEMO ENDORSEMENT on #18 granting Motion for Pre-Trial. ENDORSEMENT: The foregoing motion is granted to the extent that the necessary audio-visual equipment, which includes a display monitor, camera, microphone, touch panel (for displaying evidence), and a Kodak video conference unit (for displaying evidence), will be installed in the courtroom. Parties will be able to connect to the video feed through a VGA or HDMI port. If they do not have VGA- or HDMI-capable technology, Counsel are directed to provide their own VGA or HDMI adapters. The request for permission to use the specified software programs and commercial facilities is denied. Counsel are directed to email the Court's audio-visual department to obtain a secure link to the SDNY conferencing bridge. Each witness who will testify remotely must have access to a computer with a camera and video conferencing capability, as well as a stable internet connection. If the parties wish to display evidence to the witness, the witness must have access to a Kodak video conference unit in order to ensure successful display of evidence. The Court cannot guarantee the success of remote connections, particularly if Counsel fails to test the applicable video connections in advance of the hearing. Docket Entry No. 18 is resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/20/2018) (ama)
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| Filing 43 AFFIDAVIT of Y Golovchenko . Document filed by Valentyn Belan. (Saltzman, Neil) |
| Filing 42 AFFIDAVIT of V Kulakov . Document filed by Valentyn Belan. (Saltzman, Neil) |
| Filing 41 AFFIDAVIT of T Shin . Document filed by Valentyn Belan. (Saltzman, Neil) |
| Filing 40 AFFIDAVIT of T Nikolaeva . Document filed by Valentyn Belan. (Saltzman, Neil) |
| Filing 39 AFFIDAVIT of O Derigliyova . Document filed by Valentyn Belan. (Saltzman, Neil) |
| Filing 38 AFFIDAVIT of O Chayka . Document filed by Valentyn Belan. (Saltzman, Neil) |
| Filing 37 AFFIDAVIT of N Khrystych . Document filed by Valentyn Belan. (Saltzman, Neil) |
| Filing 36 AFFIDAVIT of M Yudin . Document filed by Valentyn Belan. (Saltzman, Neil) |
| Filing 35 AFFIDAVIT of L Supowitz . Document filed by Valentyn Belan. (Saltzman, Neil) |
| Filing 34 AFFIDAVIT of K Frolova . Document filed by Valentyn Belan. (Saltzman, Neil) |
| Filing 33 AFFIDAVIT of I Bilenko . Document filed by Valentyn Belan. (Saltzman, Neil) |
| Filing 32 AFFIDAVIT of E Kozlova . Document filed by Valentyn Belan. (Saltzman, Neil) |
| Filing 31 AFFIDAVIT of A Khomina . Document filed by Valentyn Belan. (Saltzman, Neil) |
| Filing 30 AFFIDAVIT of A Belan . Document filed by Valentyn Belan. (Saltzman, Neil) |
| Filing 29 AFFIDAVIT of First Children Academy re: #11 Response to Petition (Other) . Document filed by Valentyn Belan. (Saltzman, Neil) |
| Filing 28 AFFIDAVIT of Valentyn Belan re: #11 Response to Petition (Other) . Document filed by Valentyn Belan. (Saltzman, Neil) |
| Filing 27 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Valentyn Belan.(Saltzman, Neil) |
| Filing 26 DECLARATION of Olga Kalak in Support re: #3 MOTION to Expedite Hearing.. Document filed by Olena Chumachenko(on behalf of P.B., a minor child). (Min, Richard) |
| Filing 25 DECLARATION of Anna rogachevskaya in Support re: #3 MOTION to Expedite Hearing.. Document filed by Olena Chumachenko(on behalf of P.B., a minor child). (Min, Richard) |
| Filing 24 DECLARATION of Inessa Sambors in Support re: #3 MOTION to Expedite Hearing.. Document filed by Olena Chumachenko(on behalf of P.B., a minor child). (Min, Richard) |
| Filing 23 DECLARATION of Galyna Vlasova in Support re: #3 MOTION to Expedite Hearing.. Document filed by Olena Chumachenko(on behalf of P.B., a minor child). (Min, Richard) |
| Filing 22 DECLARATION of Anna Grushevaya in Support re: #3 MOTION to Expedite Hearing.. Document filed by Olena Chumachenko(on behalf of P.B., a minor child). (Min, Richard) |
| Filing 21 DECLARATION of Oksana Voinarovska in Support re: #3 MOTION to Expedite Hearing.. Document filed by Olena Chumachenko(on behalf of P.B., a minor child). (Min, Richard) |
| Filing 20 DECLARATION of Olena Chumachenko in Support re: #3 MOTION to Expedite Hearing.. Document filed by Olena Chumachenko(on behalf of P.B., a minor child). (Min, Richard) |
| Filing 19 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Olena Chumachenko(on behalf of P.B., a minor child).(Min, Richard) |
| Filing 18 MOTION for Pre-Trial Remote Testimony Arrangements. Document filed by Valentyn Belan.(Saltzman, Neil) |
| Filing 17 NOTICE OF APPEARANCE by Jeremy David Morley on behalf of Valentyn Belan. (Morley, Jeremy) |
| Filing 16 PROPOSED ORDER. Document filed by Valentyn Belan. (Saltzman, Neil) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Neil Saltzman re: Document #16 Proposed Order was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or General Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (km) |
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Filing 15
ORDER: granting #14 Letter Motion for Extension of Time. The Court has reviewed the parties' Joint Pre-Trial Report and their November 14, 2018, joint letter request for extension of deadlines. The deadline for filing and provision of courtesy copies of proposed findings of fact, conclusions of law, and affidavits comprising direct testimony is extended to November 19, 2018. The deadline for filing and provision of courtesy copies of exhibit lists, responsive submissions, final witness lists and stipulations is extended to November 21, 2018, at 12:00 p.m. noon. Two courtesy copies of each item must be provided, organized in binders. Each party will be allowed a total of 6 hours for its presentation at the hearing. All opening and closing statements, cross- and redirect examination presented by the party, and one-half of time spent in colloquies with the Court (subject to the Court's authority to make disproportionate allocations should it determine that such allocations are warranted) will be counted against the party's limit. The hearing will be conducted from 9:30 a.m. to 12:30 p.m. and 2:00 p.m. to 5:30 p.m. on Tuesday November 27, 2018, and from 9:30 a.m. to 1:00 p.m. and 2:00 p.m. to 5:30 p.m. on Thursday November 29, 2018. Any requests for audio-visual display equipment or remote testimonial arrangements must be made in writing, and all requests to bring computer or cell phone equipment submitted on the appropriate form, by 12:00 p.m. noon on November 19, 2018. This order resolves Docket Entry No. 14. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/15/2018) (ama)
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| Filing 14 FIRST LETTER MOTION for Extension of Time addressed to Judge Laura Taylor Swain from Richard Min dated 11/14/18. Document filed by Olena Chumachenko(on behalf of P.B., a minor child).(Min, Richard) |
| Filing 13 JOINT PRELIMINARY TRIAL REPORT. Document filed by Valentyn Belan.(Saltzman, Neil) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Valentyn Belan.(Saltzman, Neil) |
| Filing 11 RESPONSE to 1 Petition (Other),. Document filed by Valentyn Belan.(Saltzman, Neil) |
| Filing 10 NOTICE OF APPEARANCE by Neil Joshua Saltzman on behalf of Valentyn Belan. (Saltzman, Neil) |
| Filing 9 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/31/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 8 TRANSCRIPT of Proceedings re: CONFERNECE held on 10/31/2018 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/29/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/6/2019.(McGuirk, Kelly) |
| Filing 7 LETTER addressed to Judge Laura Taylor Swain from Elena Corona dated 10/31/2018 re: Please note that this letter should not be construed by the court as constituting an opinion of the United States or the Department of State regarding the merits of the case. Our purpose is solely to apprise you of the Convention and of the request before you pursuant thereto, and to request expeditious consideration as required by Article 11 of the Convention. Should you have any questions or need additional information, please do not hesitate to contact Shannon Hines, Attorney Adviser.(ama) |
| Minute Entry for proceedings held before Judge Laura Taylor Swain: Show Cause Hearing held on 10/31/2018. Court Reporter Michael McDaniel present. OSC held. Ms Garvey's application to appear pro hac is granted for this conference. FPTC is scheduled for 11/26/2018 at 10:00am. An Evidentiary Hearing is scheduled for 11/27/2018 and 11/29/2018 at 9:30am. (Order to follow with regards to submissions.) ( Evidentiary Hearing set for 11/27/2018 at 09:30 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (lan) Modified on 11/14/2018 (lan). |
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Filing 6
ORDER: Respondent is directed to file his response to the Petition (Docket Entry No. 1), including enumeration of any affirmative defenses, by November 9, 2018. The parties are directed to file by November 13, 2018, a joint report setting forth a proposed discovery schedule, preliminary witness lists, and time required for trial. The parties shall file their respective proposed findings of fact, conclusions of law, and affidavits comprising direct testimony by November 16, 2018. The parties exhibit lists, responsive submissions, final witness lists, and any stipulations must be filed by November 20, 2018. A final pretrial conference will be held on November 26, 2018, at 10:00 a.m. in Courtroom 17C, unless the parties inform the Court by 9:00 a.m. on November 26, 2018, that such conference is unnecessary. An evidentiary hearing, which shall be limited to cross- and redirect examination of witnesses providing direct testimony by affidavit, will be held on November 27, 2018, and November 29, 2018, beginning at 9:30 a.m. in Courtroom 17C. Closing arguments will be heard at the conclusion of the testimony, and as further set forth in this Order. SO ORDERED. (Responses due by 11/9/2018 Final Pretrial Conference set for 11/26/2018 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 10/31/2018) (jca)
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| Filing 5 NOTICE OF APPEARANCE by Larry Michael Carlin on behalf of Olena Chumachenko(on behalf of P.B., a minor child). (Carlin, Larry) |
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Filing 4
ORDER TO SHOW CAUSE: granting #3 Letter Motion to Expedite. IT IS HEREBY ORDERED that Respondent, Valentyn Belan, or his attorneys, show cause before this Court, at the United States Courthouse, United States District Court for the Southern District of New York, located at 500 Pearl Street New York, New York, Room 17C on the 31st day of October, 2018 at 10 o'clock in the fore noon thereof, or as soon thereafter as counsel can be heard, why an Order should not be made and entered granting the Petitioner the following relief. IT IS HEREBY ORDERED that personal service of a copy of this Order, together with the copies of the papers upon which it was brought on Respondent before the 29th day of October, 2018, by 2:00 pm. shall be deemed sufficient. IT IS SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/26/2018) (ama)
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| Set/Reset Hearings: Show Cause Hearing set for 10/31/2018 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (ama) |
| Filing 3 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Expedite Hearing. Document filed by Olena Chumachenko(on behalf of P.B., a minor child). (Attachments: #1 Petition, #2 Memorandum of Law, #3 Exhibit Exhibit A - Hague Convention, #4 Exhibit Exhibit B - ICARA, #5 Exhibit Exhibit C - Passport and Birth Certificate, #6 Exhibit Exhibit D - Return Application, #7 Exhibit Exhibit E - Order to Show Cause, #8 Exhibit Exhibit F - Ukraine law)(Min, Richard) Modified on 11/20/2018 (ldi). |
| Filing 2 CIVIL COVER SHEET filed. (jgo) |
| Filing 1 PETITION FOR RETURN OF THE CHILDREN TO UKRAINE AND ISSUANCE OF SHOW CAUSE ORDER. (Filing Fee $ 400.00, Receipt Number 465401221073).Document filed by Olena Chumachenko(on behalf of P.B., a minor child), Olena Chumachenko(on behalf of D.B., a minor child).(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Debra C. Freeman 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. (jgo) |
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| Petitioner: Olena Chumachenko | |
| Represented By: | Richard Min |
| Represented By: | Larry Michael Carlin |
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| Respondent: Valentyn Belan | |
| Represented By: | Neil Joshua Saltzman |
| Represented By: | Jeremy David Morley |
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