Doe v. New York University
| Jane Doe |
| New York University |
| 1:2021cv02199 |
| March 12, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Sidney H Stein |
| Contract: Other |
| 28 U.S.C. § 1332 ds |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 27, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 42
ORDER granting #41 Letter Motion for Extension of Time. Request granted. SO ORDERED. (Signed by Judge Sidney H. Stein on 5/5/2021) (kv)
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| Filing 41 LETTER MOTION for Extension of Time of the deadline imposed by the Court for the parties to report to the Court on next steps in this litigation addressed to Judge Sidney H. Stein from Ira M. Feinberg dated May 5, 2021. Document filed by New York University..(Feinberg, Ira) |
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Filing 40
OPINION AND ORDER. Because Doe is not likely to succeed on the merits of her claim, her motion for a preliminary injunction is denied and the temporary restraining order is dissolved. Her motion to proceed under a pseudonym is granted. So ordered. (Signed by Judge Sidney H. Stein on 4/28/2021) (rjm)
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| Filing 39 LETTER addressed to Judge Sidney H. Stein from Benjamin A. Fleming dated April 14, 2021 re: in response to Plaintiffs supplemental submission. Document filed by New York University..(Fleming, Benjamin) |
| Filing 38 LETTER addressed to Judge Sidney H. Stein from Julie A. Nociolo dated April 14, 2021 re: Supplemental Submission. Document filed by Jane Doe. (Attachments: #1 Exhibit NYU Parent Newsletter: October Edition).(Nociolo, Julie) |
| Minute Entry for proceedings held before Judge Sidney H. Stein: Oral Argument held via telephone on 4/14/2021 re: plaintiff's motion for a preliminary injunction. Counsel for all parties participated. (lab) |
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Filing 37
ORDER: IT IS HEREBY ORDERED that the Court will hear argument on plaintiffs motion for a preliminary injunction on April 14, 2021, at 10:00 a.m., via telephone conference. The parties shall dial 888-273-3658 and use access code 7004275 to access the teleconference. SO ORDERED. Telephone Conference set for 4/14/2021 at 10:00 AM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 4/12/2021) (mml)
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Filing 36
ORDER. IT IS HEREBY ORDERED that: 1. The hearing scheduled in this matter for April 13 at 2:30 p.m. is adjourned to April 14 at 10:00 a.m.; 2. The hearing shall take place at the U.S. Courthouse, 500 Pearl Street, New York, New York, in Courtroom 23A; and 3. If the parties intend to call witnesses from out of town, they shall inform my deputy, Laura Blakely, so that a videoconference may be scheduled for those witnesses. So ordered. (Show Cause Hearing set for 4/14/2021 at 10:00 AM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 4/7/2021) (rjm)
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| Filing 35 REPLY MEMORANDUM OF LAW in Support re: #3 MOTION proceed under pseudonym under Rule 10(a) . . Document filed by Jane Doe..(Nociolo, Julie) |
| Filing 34 MEMORANDUM OF LAW in Opposition re: #3 MOTION proceed under pseudonym under Rule 10(a) . . Document filed by New York University..(Feinberg, Ira) |
| Filing 33 MEMORANDUM OF LAW in Opposition re: #2 Proposed Order to Show Cause With Emergency Relief, . Document filed by New York University..(Feinberg, Ira) |
| Filing 32 DECLARATION of Ira M. Feinberg in Opposition re: #2 Proposed Order to Show Cause With Emergency Relief,. Document filed by New York University. (Attachments: #1 Exhibit 17 - EO 202, #2 Exhibit 18 - EO 202.1, #3 Exhibit 19 - EO 202.32, #4 Exhibit 20 - 04.15.20 DoH Protocols COVID19 FAQs, #5 Exhibit 21 - 04.20 DoH Protocols Protect yourself poster, #6 Exhibit 22 - EO 202.42, #7 Exhibit 23 - EO 202.45, #8 Exhibit 24 - EO 202.74, #9 Exhibit 25 - EO 202.81, #10 Exhibit 26 - 12.11.20 Governor Cuomo Press Conference Transcript, #11 Exhibit 27 - EO 202.17, #12 Exhibit 28 - Enforcement of Social Distancing Measures Section 66-3.2 and 66-3.3, #13 Exhibit 29 - 7.13.2020 Mayor de Blasio Announces New Face Cover, #14 Exhibit 30 - 8.21.20 COVID-19 NYCHD Guidance, #15 Exhibit 31 - 11.13.20 COVID-19 NYCHD Guidance, #16 Exhibit 32 - 11.17.20 COVID-19 NYCHD-Face-Covering-Faq, #17 Exhibit 33 - Decision-Rosenberg v. New York University, #18 Exhibit 34 - Storino v. New York University).(Feinberg, Ira) |
| Filing 31 ***SELECTED PARTIES***DECLARATION of Jessica Spera in Opposition re: #2 Proposed Order to Show Cause With Emergency Relief,. Document filed by New York University, Jane Doe. (Attachments: #1 Exhibit 11 - Photograph)Motion or Order to File Under Seal: #22 .(Feinberg, Ira) |
| Filing 30 DECLARATION of Jessica Spera in Opposition re: #2 Proposed Order to Show Cause With Emergency Relief,. Document filed by New York University. (Attachments: #1 Exhibit 11 - Photograph, #2 Exhibit 12 - 2.5.21 Email from Student 1, #3 Exhibit 13 - 2.11.21 Email from Student 1).(Feinberg, Ira) |
| Filing 29 DECLARATION of Maggy Fread in Opposition re: #2 Proposed Order to Show Cause With Emergency Relief,. Document filed by New York University..(Feinberg, Ira) |
| Filing 28 DECLARATION of Craig Jolley in Opposition re: #2 Proposed Order to Show Cause With Emergency Relief,. Document filed by New York University. (Attachments: #1 Exhibit 1 - 7.30.20 Communication NYU Returns, #2 Exhibit 2 - Craig Jolley COVID Communication 8.14.20, #3 Exhibit 3 - 8.14.20 Video Screenshot, #4 Exhibit 4 - Marc Wais Communcation 9.3.20, #5 Exhibit 5 - Community Standards and COVID-19 Webpost 9.3.20, #6 Exhibit 6 - Craig Jolley Communication 1.15.21, #7 Exhibit 7 - 1.15.21 Video Screenshot, #8 Exhibit 8 - Spring 2021 Acknowledgment, #9 Exhibit 9 - Marc Wais Communication 1.28.20, #10 Exhibit 10 - A Word on Gatherings 1.28.20).(Feinberg, Ira) |
| Filing 27 NOTICE OF APPEARANCE by Adam D Zucker on behalf of Jane Doe..(Zucker, Adam) |
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Filing 26
ORDER: granting #23 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/31/2021) (ama)
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| Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/17/21 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 24 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/17/2021 before Judge Sidney H. Stein. Court Reporter/Transcriber: Kristen Carannante, (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 4/20/2021. Redacted Transcript Deadline set for 4/30/2021. Release of Transcript Restriction set for 6/28/2021..(McGuirk, Kelly) |
| Filing 23 CONSENT LETTER MOTION for Extension of Time to File a response to the complaint addressed to Judge Sidney H. Stein from Ira M. Feinberg dated March 30, 2021. Document filed by New York University..(Feinberg, Ira) |
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ORDER granting #18 Motion to Amend/Correct #18 MOTION to Amend/Correct #11 MOTION for Adam D. Zucker, Esq. to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-24264825. (HEREBY ORDERED by Judge Sidney H. Stein)(Text Only Order) (lab)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION to Amend/Correct #11 MOTION for Adam D. Zucker, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24264825. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (vba) |
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Filing 22
ORDER granting #20 Letter Motion to Seal. Defendant's request to file the exhibit containing a photograph to the opposition to plaintiff's motion for a preliminary injunction under seal is granted. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/26/2021) (jca)
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| Filing 21 ***SELECTED PARTIES*** LETTER addressed to Judge Sidney H. Stein from Benjamin A. Fleming dated March 26, 2021 Document filed by New York University, Jane Doe. (Attachments: #1 Exhibit A - Photograph)Motion or Order to File Under Seal: #20 .(Fleming, Benjamin) |
| Filing 20 LETTER MOTION to Seal addressed to Judge Sidney H. Stein from Benjamin A. Fleming dated March 26, 2021. Document filed by New York University. (Attachments: #1 Exhibit A - Photograph).(Fleming, Benjamin) |
| Filing 19 RESPONSE in Support of Motion re: #3 MOTION proceed under pseudonym under Rule 10(a) . . Document filed by Jane Doe. (Attachments: #1 Affidavit of Jane Doe, #2 Exhibit 1 to Jane Doe Declaration, #3 Exhibit 2 to Jane Doe Declaration, #4 Exhibit 3 to Jane Doe Declaration, #5 Exhibit 4 to Jane Doe Declaration, #6 Exhibit 5 to Jane Doe Declaration, #7 Exhibit 6 to Jane Doe Declaration, #8 Exhibit 7 to Jane Doe Declaration).(Nociolo, Julie) |
| Filing 18 MOTION to Amend/Correct #11 MOTION for Adam D. Zucker, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24264825. Motion and supporting papers to be reviewed by Clerk's Office staff. . Document filed by Jane Doe. (Attachments: #1 Affidavit Affidavit of Adam D. Zucker, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Nociolo, Julie) |
| Filing 17 NOTICE OF APPEARANCE by Benjamin Andrew Fleming on behalf of New York University..(Fleming, Benjamin) |
| Filing 16 NOTICE OF APPEARANCE by Ira Martin Feinberg on behalf of New York University..(Feinberg, Ira) |
| CASHIERS OFFICE REGISTRY DEPOSIT as per #13 Order to Show Cause, Set Deadlines, dated 3/17/2021, from Judge Sidney H. Stein, received $5,000.00 Receipt Number 680006 on 03/19/2021..(jkr) |
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Filing 15
ORDER. IT IS HEREBY ORDERED that plaintiff shall file supplemental briefing explaining her perspective on these prior incidents and their significance to plaintiff's motion for preliminary injunction by no later than 5:00 p.m. on March 25, 2021. Plaintiff shall include any affidavit(s) in support of Does version of events. So ordered. (Signed by Judge Sidney H. Stein on 3/18/2021) (rjm)
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| Filing 14 ELECTRONIC SUMMONS ISSUED as to New York University..(pc) |
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Filing 13
ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Upon the Affidavit of Julie A. Nociolo, Esq. dated March 12, 2021, the Memorandum of Law, the Declaration of Jane Doe, dated March 12, 2021, the annexed Complaint and incorporated exhibits, and the teleconferences held on March 16 and 17, 2021, let the defendant shall show cause as to why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure: a. Enjoining defendant university from enforcing its sanction of suspension against Jane Doe; b. Directing that any reference to plaintiff's actual name be redacted or referred to by the pseudonym "Jane Doe"; and it is further ORDERED that Plaintiff Jane Doe post $5,000.00 in security on or before March 19, 2021; and it is further ORDERED that, pending the hearing and determination of this motion before the Court, the Clerk of the Court is directed to file the REDACTED versions of Exhibits C, G, H, J attached to plaintiff's Complaint; and it is further ORDERED that pending the hearing and determination of this motion before the Court, defendant university is temporarily enjoined from enforcing its sanction of suspension against "Jane Doe"; and it is further ORDERED that the caption of this case shall be JANE DOE v. NEW YORK UNIVERSITY; and it is further ORDERED that responsive papers by defendant shall be served on plaintiff on or before April 2, 2021, by noon, and reply papers, if any, shall be filed on or before April 7, 2021, by noon; and it is further ORDERED that personal service of a copy of this ORDER TO SHOW CAUSE together with the papers upon which it is based on or before March 17, 2021 shall be deemed good and sufficient service. SO ORDERED. ( Show Cause Hearing set for 4/13/2021 at 02:30 PM before Judge Sidney H. Stein.) ( Replies due by 4/7/2021.) (Signed by Judge Sidney H. Stein on 3/17/2021) (va) Transmission to Finance Unit (Cashiers) for processing.
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| Minute Entry for proceedings held before Judge Sidney H. Stein: Telephone Conference held on 3/17/2021. Counsel for all parties participated. (lab) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to New York University, re: #4 Complaint,. Document filed by Jane Doe..(Nociolo, Julie) |
| Filing 11 MOTION for Adam D. Zucker, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24264825. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jane Doe. (Attachments: #1 Affidavit of Adam D. Zucker, Esq., #2 Exhibit A, #3 Text of Proposed Order).(Nociolo, Julie) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Adam D. Zucker, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24264825. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Minute Entry for proceedings held before Judge Sidney H. Stein: Telephone Conference held on 3/16/2021 regarding plaintiff's motion for a preliminary injunction. Only counsel for plaintiff were present. The conference will be rescheduled. (lab) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Julie A. Nociolo to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Filing court must be fully and clearly seen. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
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Filing 10
ORDER: Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff shall serve a copy of the papers filed in this matter on defendant immediately, by personal service and by email; and 2. There will be a teleconference in this matter Tuesday, March 16, 2021, at 10:15 a.m. The parties shall dial 888-273-3658 and use access code 7004275 to join the teleconference. SO ORDERED. ( Telephone Conference set for 3/16/2021 at 10:15 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 3/15/2021) (va)
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Filing 9
ORDER dismissing as moot #7 Letter Motion to Seal. Insofar as Exhibits C, G, H, and J have been filed with plaintiff's personal identifying information redacted, this letter motion [Doc No. 7] is dismissed as moot. Plaintiff's motion to proceed under pseudonym [Doc. No. 3] is granted pending the hearing on the motion for preliminary injunction. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/15/2021) (va)
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| Filing 8 ***EX-PARTE***REDACTION by Jane Doe (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit J)Motion or Order to File Under Seal: #7 .(Nociolo, Julie) |
| Filing 7 LETTER MOTION to Seal /Redact Portions of Exhibits C, G-H, & J to Plaintiff's Complaint addressed to Judge Sidney H. Stein from Julie A. Nociolo dated March 15, 2021. Document filed by Jane Doe..(Nociolo, Julie) |
| Filing 6 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to New York University, re: #4 Complaint. Document filed by Jane Doe..(Nociolo, Julie) Modified on 3/16/2021 (sj). |
| Filing 5 CIVIL COVER SHEET filed..(Nociolo, Julie) |
| Filing 4 COMPLAINT against New York University. Document filed by Jane Doe. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit J).(Nociolo, Julie) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Julie A. Nociolo to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet; Incorrect citizenship of principal party for the defendant. Office was not selected. Civil cover sheet was not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Julie A. Nociolo. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 150 (Contract: Recovery/Enforcement); Citizenship Defendant code 1 (Citizen of This State); Dollar Demand $250,000,000; County code New York;. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 190 (Contract: Other); the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Dollar Demand has been modified to blank; the County code has been modified to XX Out of State;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Julie A. Nociolo to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Julie A. Nociolo. The party information for the following party/parties has been modified: New York University, JANE DOE. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly;. (pc) |
| Magistrate Judge Stewart D. Aaron 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #2 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Sidney H. Stein. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Case Designated ECF. (pc) |
| Filing 3 MOTION proceed under pseudonym under Rule 10(a) . Document filed by JANE DOE. (Attachments: #1 Memorandum of Law in Support of Motion to Proceed Under Pseudonym).(Nociolo, Julie) |
| Filing 2 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by JANE DOE. (Attachments: #1 Affidavit of Julie A. Nociolo, Esq. in Support of Plaintiff's Motion for a Temporary Restraining Order & Preliminary Injunction under FRCP Rule 65, #2 Exhibit Memorandum of Law, #3 Affidavit Declaration of Plaintiff Jane Doe) Related Document Number: #1 ..(Nociolo, Julie) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against JANE DOE. (Filing Fee $ 402.00, Receipt Number ANYSDC-24245819)Document filed by JANE DOE. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit J).(Nociolo, Julie) Modified on 3/15/2021 (pc). |
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| Plaintiff: Jane Doe | |
| Represented By: | Julie A. Nociolo |
| Represented By: | Adam D Zucker |
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| Defendant: New York University | |
| Represented By: | Ira Martin Feinberg |
| Represented By: | Benjamin Andrew Fleming |
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