Reiner v. Teladoc Health, Inc. et al
| Jon Reiner |
| Jason Gorevic, Mark Hirschhorn and Teladoc Health, Inc. |
| Spencer Paulick and Maher Eric |
| Wayne Arcuri, Badruddin Salimbhai and David Williams |
| 1:2018cv11603 |
| December 12, 2018 |
| US District Court for the Southern District of New York |
| Barbara C Moses |
| Gregory H Woods |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2021. A more recent docket listing may be available from PACER.
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Filing 87
CLERK'S JUDGMENT re: #86 Order Adopting Report and Recommendations in favor of Teladoc Health, Inc., Jason Gorevic, Mark Hirschhorn against Jon Reiner. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 29 2021, Magistrate Judge Barbara Moses issued a Report and Recommendation ("R&R") on September 8, 2021, recommending that Plaintiffs' claims be dismissed with prejudice. Objections to the R&R were due September 22, 2021. The Court did not receive any objections. On September 28, 2021, the parties filed a stipulation in which Plaintiffs agreed not to object to the R&R and that judgment should be entered in favor of Defendants. The Court has reviewed the R&R for clear error and finds none. See Braunstein v. Barber, No. 06 Civ. 5978 (CS) (GAY), 2009 WL 1542707, at *1 (S.D.N.Y. June 2, 2009) (explaining that a "district court may adopt those portions of a report and recommendation to which no objections have been made, as long as no clear error is apparent from the face of the record."). The Court has therefore accepted and adopted the R&R in its entirety. Accordingly, Defendants' motion to dismiss is GRANTED and judgment is entered for Defendants; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/29/2021) (Attachments: #1 Right to Appeal) (km)
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Filing 86
ORDER for #84 Report and Recommendations, #76 Motion to Dismiss filed by Mark Hirschhorn, Jason Gorevic, Teladoc Health, Inc. On September 8, 2021, Magistrate Judge Barbara Moses issued a Report and Recommendation ("R&R") recommending that Plaintiffs' claims be dismissed with prejudice. Dkt. No. 84 at 34. Objections to the R&R were due September 22, 2021. The Court did not receive any objections. On September 28, 2021, the parties filed a stipulation in which Plaintiffs agreed not to object to the R&R and that judgment should be entered in favor of Defendants. Dkt. No. 85 at 2.The Court has reviewed the R&R for clear error and finds none. See Braunstein v. Barber, No. 06 Civ. 5978 (CS) (GAY), 2009 WL 1542707, at *1 (S.D.N.Y. June 2, 2009) (explaining that a "district court may adopt those portions of a report and recommendation to which no objections have been made, as long as no clear error is apparent from the face of the record."). The Court therefore accepts and adopts the R&R in its entirety. Accordingly, Defendants' motion to dismiss, Dkt. No. 76, is GRANTED.The Clerk of Court is directed to enter judgment for Defendants, terminate alloutstanding motions, and close this case.SO ORDERED. (Signed by Judge Gregory H. Woods on 8/29/2021) (rro) Transmission to Orders and Judgments Clerk for processing.
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Terminate Transcript Deadlines (km)
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Filing 85
PROPOSED STIPULATION AND ORDER. Document filed by Wayne Arcuri, Badruddin Salimbhai, David Williams..(Sams, Ex Kanos)
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Filing 84
REPORT AND RECOMMENDATION: re: #76 MOTION to Dismiss the Third Amended Consolidated Class Action Complaint filed by Mark Hirschhorn, Jason Gorevic, Teladoc Health, Inc. For the reasons set forth above, I recommend, respectfully, that defendants' motion be GRANTED and that this action be DISMISSED with prejudice. Objections to R&R due by 9/22/2021 (Signed by Magistrate Judge Barbara C. Moses on 9/08/2021) (ama)
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Filing 83
REPLY MEMORANDUM OF LAW in Support re: #76 MOTION to Dismiss the Third Amended Consolidated Class Action Complaint. . Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc...(Soloway, Audra)
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Filing 82
ORDER: granting #81 Letter Motion for Leave to File Excess Pages. Application GRANTED. The Court is disappointed that the experienced counsel representing the parties in this action require judicial resolution of a dispute overwhether the reply brief is 12 or 14 pages long. In the event of a similar dispute arising in the future, the Court may simply flip a coin. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 4/20/2021) (ama)
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Filing 81
LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Barbara C. Moses from Audra J. Soloway dated April 19, 2021. Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc...(Soloway, Audra)
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Filing 80
DECLARATION of Leah Heifetz-Li in Opposition re: #76 MOTION to Dismiss the Third Amended Consolidated Class Action Complaint.. Document filed by Wayne Arcuri, Badruddin Salimbhai, David Williams. (Attachments: #1 Exhibit A).(Heifetz, Leah)
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Filing 79
MEMORANDUM OF LAW in Opposition re: #76 MOTION to Dismiss the Third Amended Consolidated Class Action Complaint. . Document filed by Wayne Arcuri, Badruddin Salimbhai, David Williams..(Heifetz, Leah)
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Filing 78
DECLARATION of Audra J. Soloway in Support re: #76 MOTION to Dismiss the Third Amended Consolidated Class Action Complaint.. Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc.. (Attachments: #1 Exhibit 1 - 2016 Proxy, #2 Exhibit 2 - 2017 Proxy, #3 Exhibit 3 - 2018 Proxy, #4 Exhibit 4 - 2019 Proxy, #5 Exhibit 5 - SAC/TAC Redline, #6 Exhibit 6 - Vandervoot Chart, #7 Exhibit 7 - Gorevic Chart, #8 Exhibit 8 - Hirschhorn Chart, #9 Exhibit 9 - Directors Chart, #10 Exhibit 10 - Vandervoot Filings, #11 Exhibit 11 - Gorevic Filings, #12 Exhibit 12 - Hirschhorn Filings, #13 Exhibit 13 - Darling Filings, #14 Exhibit 14 - Felsenthal Filings, #15 Exhibit 15 - Goldstein Filings, #16 Exhibit 16 - Frist Filings, #17 Exhibit 17 - Mawhinney Filings, #18 Exhibit 18 - McAndrews Filings, #19 Exhibit 19 - McKinley Filings, #20 Exhibit 20 - Multani Filings, #21 Exhibit 21 - Paulus Filings, #22 Exhibit 22 - Outland Filings, #23 Exhibit 23 - Shedlarz Filings, #24 Exhibit 24 - Smith Filings, #25 Exhibit 25 - Snow Filings, #26 Exhibit 26 - Mead Filings, #27 Exhibit 27 - Bloomberg Trading Reports).(Soloway, Audra)
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Filing 77
MEMORANDUM OF LAW in Support re: #76 MOTION to Dismiss the Third Amended Consolidated Class Action Complaint. . Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc...(Soloway, Audra)
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Filing 76
MOTION to Dismiss the Third Amended Consolidated Class Action Complaint. Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc...(Soloway, Audra)
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Filing 75
ORDER granting #74 Letter Motion for Leave to File Excess Pages. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 2/5/2021) (mml)
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Filing 74
LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Barbara C. Moses from Audra J. Soloway dated February 5, 2021. Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc...(Soloway, Audra)
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Filing 73
MEMO ENDORSEMENT re: #72 Letter, filed by Mark Hirschhorn, Jason Gorevic, Teladoc Health, Inc. ENDORSEMENT: Application GRANTED. SO ORDERED, (Motions due by 2/12/2021., Responses due by 3/26/2021, Replies due by 4/23/2021.) (Signed by Magistrate Judge Barbara C. Moses on 1/7/2021) (nb)
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Filing 72
LETTER addressed to Magistrate Judge Barbara C. Moses from Audra J. Soloway dated January 7, 2021 re: Briefing Schedule for Defendants' Motion to Dismiss. Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc...(Soloway, Audra)
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Filing 71
THIRD AMENDED COMPLAINT amending #35 Amended Complaint, against Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc. with JURY DEMAND.Document filed by David Williams, Wayne Arcuri, Badruddin Salimbhai. Related document: #35 Amended Complaint,. (Attachments: #1 Exhibit A - 12/5/18 SIRF Report, #2 Exhibit B - Incident Report, #3 Exhibit C - Incident Report, #4 Exhibit D - Teladoc CBCE).(Sams, Ex Kanos)
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Filing 70
MEMORANDUM OPINION AND ORDER re: #46 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint filed by Mark Hirschhorn, Jason Gorevic, Teladoc Health, Inc. Defendants' motion to dismiss the Second Amended Complaint is GRANTED. Lead Plaintiffs are granted leave to amend their complaint. Lead Plaintiffs are directed to file any amended complaint within thirty days of the date of this order. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 46. (Signed by Judge Gregory H. Woods on 11/29/2020) (mro)
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Filing 69
REPLY MEMORANDUM OF LAW in Support re: #66 Objection to Report and Recommendations . Document filed by Wayne Arcuri, Badruddin Salimbhai, David Williams..(Sams, Ex Kanos)
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Filing 68
RESPONSE re: #66 Objection to Report and Recommendations . Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc...(Soloway, Audra)
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Filing 67
ORDER. The Court has received Plaintiffs' objections to Judge Moses' Report and Recommendation. Dkt. No. 66. The deadline for Defendants to file and serve any opposition is October 2, 2020. Plaintiffs' reply, if any, is due within four days after service of Defendants' opposition. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (W. Joseph)
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Filing 66
OBJECTION to #65 Report and Recommendations Document filed by Wayne Arcuri, Badruddin Salimbhai, David Williams..(Sams, Ex Kanos)
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Filing 65
REPORT AND RECOMMENDATION TO THE HON. GREGORY H. WOODS: re: #35 Amended Complaint, filed by Badruddin Salimbhai, Wayne Arcuri, David Williams, #46 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint filed by Mark Hirschhorn, Jason Gorevic, Teladoc Health, Inc. For the reasons set forth above, I respectfully recommend that defendants' motion to dismiss be GRANTED and that the Second Amended Consolidated Class Action Complaint be DISMISSED without leave to amend. Objections to R&R due by 9/18/2020 (Signed by Magistrate Judge Barbara C. Moses on 9/04/2020) (ama) (Main Document 65 replaced on 9/9/2020) (cf).
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Filing 64
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 5/15/2020 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.(rro)
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Filing 63
TRANSCRIPT of Proceedings re: Telephone Conference held on 5/15/2020 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 6/11/2020. Redacted Transcript Deadline set for 6/22/2020. Release of Transcript Restriction set for 8/19/2020.(rro)
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Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Oral Argument held on 5/15/2020. (kgo)
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Filing 62
The telephonic conference currently scheduled for May 15, 2020 at 10:00 a.m. will be held at 11:00 a.m. The call-in information remains the same. (See Dkt. No. 60.) SO ORDERED. (HEREBY ORDERED by Magistrate Judge Barbara C. Moses) (ms)
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Filing 61
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Audra J. Soloway dated May 8, 2020 re: supplemental authorities pertinent to Defendants' pending motion to dismiss. Document filed by Wayne Arcuri, Jason Gorevic, Mark Hirschhorn, Badruddin Salimbhai, Teladoc Health, Inc., David Williams..(Soloway, Audra)
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Filing 60
MEMO ENDORSEMENT on re: #59 Letter, filed by Badruddin Salimbhai, Wayne Arcuri, David Williams. ENDORSEMENT: Application GRANTED IN PART. The Court agrees that defendants' two post-reply letter-briefs (Dkt. Nos. 54 and 58), which were filed without first seeking or obtaining permission, go well beyond what was required to alert the Court to the three newly-published decisions discussed therein. Although Fed. R. App. P. 28(j) (limiting supplemental authority letters to 350 words) does not apply to motions pending in this Court, it is clear that -- at least in this case -- some limit must be placed on the amount of new argument presented in supplemental authority letters. Consequently, it is hereby ORDERED that the parties shall file a single joint letter, no more than six pages in length (three pages per side), no later than May 8, 2020, in which they identify any pertinent and significant authorities published after that side's last brief was filed, and succinctly describe the relevance of each such authority to the pending motion to dismiss (Dkt. No. 46). The joint letter is the only post-reply letter-brief that the Court will read. It is further ORDERED that the Court will hear oral argument via teleconference on defendants' motion to dismiss (Dkt. No. 46) on May 15, 2020, at 10:00 a.m. At that time, counsel are directed to call (888) 557-8511 and enter the access code 7746387. An audio recording of the teleconference will be made, from which a transcript may be prepared. If the parties wish to have a live court reporter on the teleconference, they may so request, in writing, no later than May 1, 2020. The Court cannot guarantee, however, that a reporter will be available. (Telephone Conference set for 5/15/2020 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 4/21/2020) (cf)
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Filing 59
LETTER addressed to Magistrate Judge Barbara C. Moses from Leah Heifetz-Li dated April 17, 2020 re: Response to Letter re Supplemental Authorities in Support of Defendants' Motion to Dismiss the Second Amended Consolidated Class Action Complaint. Document filed by Wayne Arcuri, Badruddin Salimbhai, David Williams. (Attachments: #1 Exhibit A - Moriarty v. County of San Diego).(Heifetz, Leah)
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Filing 58
LETTER addressed to Magistrate Judge Barbara C. Moses from Audra Soloway dated April 14, 2020 re: Supplemental Authorities in Support of Defendants' Motion to Dismiss the Second Amended Consolidated Class Action Complaint. Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc.. (Attachments: #1 Exhibit A - Papa John's Opinion, #2 Exhibit B - Lululemon Opinion).(Soloway, Audra)
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Filing 57
ORDER GRANTING MOTION OF EX KANO S. SAMS II FOR ADMISSION PRO HAC VICE granting #56 Motion for Ex Kano S. Sams II to Appear Pro Hac Vice. (Signed by Magistrate Judge Barbara C. Moses on 3/10/2020) (mro)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #56 MOTION for Ex Kano S. Sams II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19038471. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 56
MOTION for Ex Kano S. Sams II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19038471. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wayne Arcuri, Badruddin Salimbhai, David Williams. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order).(Sams, Ex Kanos)
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Filing 55
LETTER addressed to Magistrate Judge Barbara C. Moses from Joshua L. Crowell dated February 13, 2020 re: Response to Letter re Supplemental Authority in Support of Defendants' Motion to Dismiss the Second Amended Consolidated Class Action Complaint. Document filed by Wayne Arcuri, Badruddin Salimbhai, David Williams..(Crowell, Joshua)
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Filing 54
LETTER addressed to Magistrate Judge Barbara C. Moses from Audra J. Soloway dated February 7, 2020 re: Supplemental Authority in Support of Defendants' Motion to Dismiss the Second Amended Consolidated Class Action Complaint. Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc.. (Attachments: #1 Exhibit A - CBS Opinion).(Soloway, Audra)
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Filing 53
REPLY MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint. . Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc.. (Soloway, Audra)
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Filing 52
ORDER granting #51 Letter Motion for Leave to File Excess Pages. Application GRANTED. (Signed by Magistrate Judge Barbara C. Moses on 11/21/2019) (cf)
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Filing 51
CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Barbara C. Moses from Audra J. Soloway dated November 20, 2019. Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc..(Soloway, Audra)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Pre-Motion Conference held on 11/13/2019. (Snell, Kevin)
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Filing 50
RESPONSE in Opposition to Motion re: #46 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint. . Document filed by Wayne Arcuri, Badruddin Salimbhai, David Williams. (Crowell, Joshua)
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Filing 49
ORDER: The Court having carefully considered the parties' positions, and for good cause shown, it is hereby ORDERED that plaintiff Kreutter shall file her amended complaint no later than October 16, 2019. Defendants in Kreutter shall file a pre-motion conference letter, limited to four pages (see Moses Ind. Practices 1(d)), no later than October 30, 2019, outlining their proposed standing motion and assuming they still believe that motion should proceed first proposing a briefing schedule. Plaintiff shall file a responding letter, similarly limited to four pages, no later than November 6, 2019. To the extent the Reiner plaintiffs have a distinct position on the scheduling and sequencing issues, they may also submit a letter no later than November 6, 2019. The Court will hold a pre-motion conference on November 13, 2019, at 10:00 a.m. in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. Absent any intervening court order, the Kreutter defendants' time to answer or move is extended to the date that will be set at the pre-motion conference. SO ORDERED. (Amended Pleadings due by 10/16/2019., Pre-Motion Conference set for 11/13/2019 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 9/16/2019) (jca)
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Filing 48
DECLARATION of Audra J. Soloway in Support re: #46 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint.. Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc.. (Attachments: #1 Exhibit 1 - Form 8-K (12/30/16), #2 Exhibit 2 - 2016 Proxy, #3 Exhibit 3 - 2017 Proxy, #4 Exhibit 4 - 2018 Proxy, #5 Exhibit 5 - 2019 Proxy, #6 Exhibit 6 - Vandervoort Chart, #7 Exhibit 7 - Gorevic Chart, #8 Exhibit 8 - Hirschhorn Chart, #9 Exhibit 9 - Directors Chart, #10 Exhibit 10 - Vandervoort Filings, #11 Exhibit 11 - Gorevic Filings, #12 Exhibit 12 - Hirschhorn Filings, #13 Exhibit 13 - Darling Filings, #14 Exhibit 14 - Felsenthal Filings, #15 Exhibit 15 - Goldstein Filings, #16 Exhibit 16 - Frist Filings, #17 Exhibit 17 - Mawhinney Filings, #18 Exhibit 18 - McAndrews Filings, #19 Exhibit 19 - McKinley Filings, #20 Exhibit 20 - Multani Filings, #21 Exhibit 21 - Paulus Filings, #22 Exhibit 22 - Outland Filings, #23 Exhibit 23 - Shedlarz Filings, #24 Exhibit 24 - Smith Filings, #25 Exhibit 25 - Snow Filings, #26 Exhibit 26 - Mead Filings, #27 Exhibit 27 - Bloomberg Trading Reports)(Soloway, Audra)
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Filing 47
MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint. . Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc.. (Soloway, Audra)
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Filing 46
MOTION to Dismiss the Second Amended Consolidated Class Action Complaint. Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc..(Soloway, Audra)
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Filing 45
Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation) and General pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). All such motions. Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Gregory H. Woods on 9/13/2019) (cf)
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Filing 44
ORDER granting #43 Letter Motion for Leave to File Excess Pages. Application granted. Defendants' memorandum of law in support of its motion to dismiss and Plaintiff's opposition memorandum are not to exceed 35 pages in length each. (Signed by Judge Gregory H. Woods on 9/8/2019) (mro)
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Filing 43
CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Gregory H. Woods from Audra J. Soloway dated September 5, 2019. Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc..(Soloway, Audra)
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Filing 42
ORDER. As discussed during the telephone conference held on July 30, 2019, Defendants' motion to dismiss is due no later than September 13, 2019; Plaintiffs' opposition is due no later than October 25, 2019; and Defendants' reply is due no later than November 27, 2019. (HEREBY ORDERED by Judge Gregory H. Woods on July 31, 2019) (Text Only Order)(Daniels, Anthony)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 7/30/2019. (Daniels, Anthony)
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Filing 41
ORDER. Due to a conflict on the Court's calendar, the pre-motion conference currently scheduled for July 30, 2019 at 2:30 p.m. is adjourned to 4:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (Signed by Judge Gregory H. Woods on July 29, 2019) (Woods, Gregory)
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Filing 40
LETTER RESPONSE in Opposition to Motion addressed to Judge Gregory H. Woods from Joshua L. Crowell dated July 23, 2019 re: #37 LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Gregory H. Woods from Audra J. Soloway dated 7/16/2019. . Document filed by Wayne Arcuri, Badruddin Salimbhai, David Williams. (Crowell, Joshua)
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Filing 39
NOTICE OF APPEARANCE by Leah Heifetz on behalf of Wayne Arcuri, Badruddin Salimbhai, David Williams. (Heifetz, Leah)
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Filing 38
ORDER granting #37 Letter Motion for Conference. Defendants' request for a pre-motion conference is granted. The Court will hold a teleconference regarding Defendants' proposed motion to dismiss on July 30, 2019 at 2:30 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. Telephone Conference set for 7/30/2019 at 02:30 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 7/22/2019) (mro)
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Filing 37
LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Gregory H. Woods from Audra J. Soloway dated 7/16/2019. Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc..(Soloway, Audra)
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Filing 36
EXHIBIT TO PLEADING re: #35 Amended Complaint,,. Document filed by Wayne Arcuri, Badruddin Salimbhai, David Williams.(Crowell, Joshua)
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Filing 35
SECOND AMENDED COMPLAINT amending #29 Amended Complaint,, against Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc. with JURY DEMAND.Document filed by David Williams, Wayne Arcuri, Badruddin Salimbhai. Related document: #29 Amended Complaint,,. (Attachments: #1 Exhibit A - SIRF Report, #2 Exhibit B - Incident Reports, #3 Exhibit C - Incident Reports, #4 Exhibit D - Teladoc CBCE)(Crowell, Joshua) Modified on 6/26/2019 (pc). Modified on 6/27/2019 (pc).
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Filing 34
MEMO ENDORSEMENT on re: #33 Letter, filed by Mark Hirschhorn, Jason Gorevic, Teladoc Health, Inc. ENDORSEMENT: Application granted. Plaintiffs shall file their Second Amended Complaint no later than June 24, 2019. Defendants' pre-motion letter is due no later than 21 days following service of the Second Amended Complaint. Plaintiffs' response to Defendants' pre-motion letter is due no later than seven days following service of the letter. SO ORDERED. (Amended Pleadings due by 6/24/2019.) (Signed by Judge Gregory H. Woods on 6/20/2019) (mml)
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Filing 33
JOINT LETTER addressed to Judge Gregory H. Woods from Audra J. Soloway dated June 20, 2019 Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc.. (Attachments: #1 Exhibit A - Second Amended Consolidated Class Action Complaint)(Soloway, Audra)
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Filing 32
NOTICE OF APPEARANCE by Cara Joy David on behalf of Jon Reiner. (David, Cara)
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Filing 31
ORDER granting #30 Motion for Stan Karas to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Stan Karas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16948861. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 30
MOTION for Stan Karas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16948861. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wayne Arcuri, Badruddin Salimbhai, David Williams. (Attachments: #1 Affidavit of Stan Karas, #2 Certificate of Good Standing, #3 Proposed Order)(Karas, Stan)
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Filing 29
AMENDED COMPLAINT amending #1 Complaint against Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc. with JURY DEMAND.Document filed by David Williams, Wayne Arcuri, Badruddin Salimbhai. Related document: #1 Complaint. (Attachments: #1 Exhibit A - SIRF Article, #2 Exhibit B - 2015 10-K, #3 Exhibit C - 2016 Schedule 14A, #4 Exhibit D - Code of Business Conduct, #5 Exhibit E - 2016 10-K, #6 Exhibit F - 2017 Schedule 14A, #7 Exhibit G - 2017 10-K, #8 Exhibit H - 2018 Schedule 14A)(Crowell, Joshua)
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time. Application granted. Plaintiffs are directed to file their amended consolidated class action complaint no later than May 20, 2019. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/6/2019) Amended Pleadings due by 5/20/2019. (ks)
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Filing 27
LETTER MOTION for Extension of Time to File an Amended Consolidated Class Action Complaint addressed to Judge Gregory H. Woods from Joshua L. Crowell dated May 3, 2019. Document filed by Wayne Arcuri, Badruddin Salimbhai, David Williams.(Crowell, Joshua)
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Filing 26
NOTICE OF APPEARANCE by Joshua Lon Crowell on behalf of Wayne Arcuri, Badruddin Salimbhai, David Williams. (Crowell, Joshua)
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Filing 25
ORDER terminating #12 Motion to Appoint; terminating #12 Motion to Appoint Counsel; granting #15 Motion to Appoint; granting #15 Motion to Appoint Counsel; terminating #17 Motion to Appoint Counsel; terminating #17 Motion to Appoint. For the reasons just stated, the Unopposed Motion is GRANTED. Arcuri, Salimbhai, and Williams are appointed as Lead Plaintiffs, and The Rosen Law Firm, P.A. and Glancy Prongay & Murray LLP are appointed as Co-lead Counsel. The Clerk of Court is directed to close the motions pending at Dkt. Nos. 12, 15 and 17. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/7/2019) (anc)
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Filing 24
NOTICE of Non-Opposition to Lead Plaintiff Motion of Wayne Arcuri, Badruddin Salimbhai, and David Williams to Competing Lead Plaintiff Motions re: #17 MOTION to Appoint Counsel . MOTION to Appoint Eric Maher to serve as lead plaintiff(s) ., #15 MOTION to Appoint Wayne Arcuri, Badruddin Salimbhai, and David Williams to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A. and Glancy Prongay & Murray LLP., #12 MOTION to Appoint Spencer Paulick to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Wayne Arcuri, Badruddin Salimbhai, David Williams. (Rosen, Laurence)
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Filing 23
NOTICE of WITHDRAWAL OF MOTION OF ERIC MAHER FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF COUNSEL re: #17 MOTION to Appoint Counsel . MOTION to Appoint Eric Maher to serve as lead plaintiff(s) .. Document filed by Maher Eric. (Hopkins, Shannon)
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Filing 22
RESPONSE to Motion re: #17 MOTION to Appoint Counsel . MOTION to Appoint Eric Maher to serve as lead plaintiff(s) ., #15 MOTION to Appoint Wayne Arcuri, Badruddin Salimbhai, and David Williams to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A. and Glancy Prongay & Murray LLP., #12 MOTION to Appoint Spencer Paulick to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc.. (Soloway, Audra)
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Filing 21
NOTICE of Non-Opposition to Competing Motions for Appointment of Lead Plaintiff and Approval of Selection of Lead Counsel re: #12 MOTION to Appoint Spencer Paulick to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Spencer Paulick. (Blankinship, Douglas)
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Filing 20
ORDER: On February 11, 2019, members of the purported class filed motions to serve as lead plaintiff. Responses to the motions may be filed no later than February 22, 2019. Replies, if any, may be filed no later than March 1, 2019. SO ORDERED(Responses due by 2/22/2019. Replies due by 3/1/2019.) (Signed by Judge Gregory H. Woods on 2/13/2019) (anc)
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Filing 19
DECLARATION of Shannon L. Hopkins in Support re: #17 MOTION to Appoint Counsel . MOTION to Appoint Eric Maher to serve as lead plaintiff(s) .. Document filed by Maher Eric. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hopkins, Shannon)
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Filing 18
MEMORANDUM OF LAW in Support re: #17 MOTION to Appoint Counsel . MOTION to Appoint Eric Maher to serve as lead plaintiff(s) . . Document filed by Maher Eric. (Hopkins, Shannon)
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Filing 17
MOTION to Appoint Counsel ., MOTION to Appoint Eric Maher to serve as lead plaintiff(s) . Document filed by Maher Eric. (Attachments: #1 Text of Proposed Order)(Hopkins, Shannon)
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Filing 16
MEMORANDUM OF LAW in Support re: #15 MOTION to Appoint Wayne Arcuri, Badruddin Salimbhai, and David Williams to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A. and Glancy Prongay & Murray LLP. . Document filed by Wayne Arcuri, Badruddin Salimbhai, David Williams. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Kim, Phillip)
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Filing 15
MOTION to Appoint Wayne Arcuri, Badruddin Salimbhai, and David Williams to serve as lead plaintiff(s) ., MOTION to Appoint Counsel The Rosen Law Firm, P.A. and Glancy Prongay & Murray LLP. Document filed by Wayne Arcuri, Badruddin Salimbhai, David Williams. (Attachments: #1 Text of Proposed Order)(Kim, Phillip)
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Filing 14
DECLARATION of Jeffrey C. Block in Support re: #12 MOTION to Appoint Spencer Paulick to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Spencer Paulick. (Attachments: #1 Exhibit A-Press Release, #2 Exhibit B-Spencer Paulick Certification, #3 Exhibit C-Loss Chart, #4 Exhibit D-Block & Leviton LLP Resume, #5 Exhibit E-FBFG LLP Resume)(Blankinship, Douglas)
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Filing 13
MEMORANDUM OF LAW in Support re: #12 MOTION to Appoint Spencer Paulick to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Spencer Paulick. (Blankinship, Douglas)
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Filing 12
MOTION to Appoint Spencer Paulick to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Spencer Paulick. (Attachments: #1 Text of Proposed Order)(Blankinship, Douglas)
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Filing 11
JOINT STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendants, as follows: 1. Undersigned counsel for Defendants is authorized to accept, and hereby does accept, service of the summons and complaints in the Action on behalf of Defendants, without prejudice and without waiver of any of Defendants' defenses, objections or arguments, except as to sufficiency of service of process. 2. Defendants shall not be required to answer or otherwise respond to, and are hereby expressly relieved from answering or otherwise responding to, any complaints filed in the Action (including any future-filed related actions consolidated therewith) subject to the provisions of paragraphs 3 and 4 below. 3. Within 60 days after the entry of an order appointing, pursuant to the PSLRA, lead plaintiff(s) and lead counsel in the Action (or a consolidated action encompassing the Action), lead plaintiff(s) shall either (1) serve and file a consolidated class action complaint, which shall serve as the operative complaint in the action and shall supersede all other complaints filed in and/or transferred to this Court related to the Action or (2) notify counsel for Defendants that a previously-filed complaint will serve as the operative complaint in the Action. 4. Defendants shall have 60 days from the date on which lead plaintiff(s) complies with paragraph 3 to move or plead in response to the operative complaint. 5. Should Defendants file a motion to dismiss the operative complaint, lead plaintiff(s) will file their opposition brief in no later than 60 days, and Defendants will file their reply brief in no later than 45 days. 6. There have been no requests for an extension of time previously made in this matter. (Signed by Judge Gregory H. Woods on 1/6/2019) (mro)
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Filing 10
LETTER addressed to Judge Gregory H. Woods from Audra J. Soloway dated January 4, 2019 re: Stipulation and [Proposed] Order. Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc..(Soloway, Audra)
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Filing 9
PROPOSED STIPULATION AND ORDER. Document filed by Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc.. (Kramer, Daniel)
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Filing 8
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Teladoc Health, Inc..(Kramer, Daniel)
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Filing 7
NOTICE OF APPEARANCE by Audra Jan Soloway on behalf of Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc.. (Soloway, Audra)
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Filing 6
NOTICE OF APPEARANCE by Daniel Jonathan Kramer on behalf of Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc.. (Kramer, Daniel)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc.. (jgo)
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Filing 4
NOTICE OF APPEARANCE by Joseph Alexander Hood, II on behalf of Jon Reiner. (Hood, Joseph)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeremy Alan Lieberman. The party information for the following party/parties has been modified: Jon Reiner. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
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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. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo)
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Case Designated ECF. (jgo)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Teladoc Health, Inc., Jason Gorevic, and Mark Hirschhorn, re: #1 Complaint. Document filed by Jon Reiner. (Lieberman, Jeremy)
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Filing 2
CIVIL COVER SHEET filed. (Lieberman, Jeremy)
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Filing 1
COMPLAINT against Jason Gorevic, Mark Hirschhorn, Teladoc Health, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16041352)Document filed by Jon Reiner.(Lieberman, Jeremy)
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