Itria Ventures LLC v. Welcome Group LLC dba America Best Value Inn et al
Itria Ventures LLC |
Welcome Group LLC dba America Best Value Inn, Lancaster Hospitality, LLC dba Hampton Inn, Hilliard Hotels, LLC dba Hampton Sidney, Synergy Hotels, LLC dba Holiday Inn Obetz, Tehrah Hospitality, LLC dba Holiday Inn Toledo, Oak Hills Hotels, LLC dba Holiday Inn Groveport, Dayton Hotels, LLC dba Best Western North, Elite Hospitality LLC dba Quality Inn Suites, S&G Hospitality, Inc. dba Quality Inn Suites, SMV Hotels, Inc. dba Holiday Inn Groveport, Innvite Hospitality Group, LLC, Buckeye Lodging, LLC dba Red Roof Plus, Welcome Group 2 LLC dba Super 8, Sunburst Hotels LLC dba Quality Inn Suites, Abhijit S. Vasani and Bhavna A. Vasani |
1:2023cv01575 |
February 24, 2023 |
US District Court for the Southern District of New York |
Valerie E Caproni |
Contract: Other |
28 U.S.C. § 1332 Diversity Action |
None |
Docket Report
This docket was last retrieved on April 11, 2023. A more recent docket listing may be available from PACER.
Document Text |
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CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1ZE22E533710076776 on 4/11/2023..(tg) |
Filing 43 ORDER granting #36 Motion to Remand to State Court. IT IS HEREBY ORDERED that the Clerk of Court is respectfully directed to terminate all open motions and to remand this case to the Supreme Court of New York, New York County. IT IS FURTHER ORDERED that Plaintiff's request for reasonable attorneys' fees in connection with its motion for remand is DENIED because Defendants' notice of removal was not objectively unreasonable. See Martin v. Franklin Capital Corp., 546 U.S. 132, 141 (2005) (affirming the denial of attorneys' fees even though removal had been improper); Hefton v. Viscern Holding Corp., No. 07-CV-9586 (RPP), 2008 WL 938938, at *4-6 (S.D.N.Y. Apr. 7, 2008) (denying plaintiffs' motion to remand and request for attorneys' fees in part because the forum-selection clauses at issue did not include an "explicit waiver of a right to remove to federal court"); cf. Gen. Elec. Capital Corp. v. Cutler, No. 15-CV-4420 (PAE), 2015 WL 7444627, at *3-4 (S.D.N.Y. Nov. 23, 2015) (awarding attorneys' fees in connection with a motion to remand because the forum-selection clauses at issue required defendants to "irrevocably waive[]" any right to removal). SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/10/2023) (tg) Transmission to Docket Assistant Clerk for processing. |
Filing 42 DECLARATION of Shane Heskin in Opposition re: #36 MOTION to Remand to State Court .. Document filed by Buckeye Lodging, LLC dba Red Roof Plus, Dayton Hotels, LLC dba Best Western North, Elite Hospitality LLC dba Quality Inn Suites, Hilliard Hotels, LLC dba Hampton Sidney, Innvite Hospitality Group, LLC, Lancaster Hospitality, LLC dba Hampton Inn, Oak Hills Hotels, LLC dba Holiday Inn Groveport, S&G Hospitality, Inc. dba Quality Inn Suites, SMV Hotels, Inc. dba Holiday Inn Groveport, Sunburst Hotels LLC dba Quality Inn Suites, Synergy Hotels, LLC dba Holiday Inn Obetz, Tehrah Hospitality, LLC dba Holiday Inn Toledo, Abhijit S. Vasani, Bhavna A. Vasani, Welcome Group 2 LLC dba Super 8, Welcome Group LLC dba America Best Value Inn. (Attachments: #1 Exhibit 1 - October 31, 2019 Agreement No. 1, #2 Exhibit 2 - October 31, 2019 Agreement No. 2, #3 Exhibit 3 - March 11, 2020 Agreement No. 1, #4 Exhibit 4 - March 11, 2020 Agreement No. 2, #5 Exhibit 5 - Itria's Complaint, #6 Exhibit 6 - Notice of Removal to Supreme Court, #7 Exhibit 7 - Notice of Removal to SDNY, #8 Exhibit 8 - Email chain between parties).(Heskin, Shane) |
Filing 41 MEMORANDUM OF LAW in Opposition re: #36 MOTION to Remand to State Court . . Document filed by Buckeye Lodging, LLC dba Red Roof Plus, Dayton Hotels, LLC dba Best Western North, Elite Hospitality LLC dba Quality Inn Suites, Hilliard Hotels, LLC dba Hampton Sidney, Innvite Hospitality Group, LLC, Lancaster Hospitality, LLC dba Hampton Inn, Oak Hills Hotels, LLC dba Holiday Inn Groveport, S&G Hospitality, Inc. dba Quality Inn Suites, SMV Hotels, Inc. dba Holiday Inn Groveport, Sunburst Hotels LLC dba Quality Inn Suites, Synergy Hotels, LLC dba Holiday Inn Obetz, Tehrah Hospitality, LLC dba Holiday Inn Toledo, Abhijit S. Vasani, Bhavna A. Vasani, Welcome Group 2 LLC dba Super 8, Welcome Group LLC dba America Best Value Inn..(Heskin, Shane) |
Filing 40 ANSWER to Complaint. Document filed by Buckeye Lodging, LLC dba Red Roof Plus, Dayton Hotels, LLC dba Best Western North, Elite Hospitality LLC dba Quality Inn Suites, Hilliard Hotels, LLC dba Hampton Sidney, Innvite Hospitality Group, LLC, Lancaster Hospitality, LLC dba Hampton Inn, Oak Hills Hotels, LLC dba Holiday Inn Groveport, S&G Hospitality, Inc. dba Quality Inn Suites, SMV Hotels, Inc. dba Holiday Inn Groveport, Sunburst Hotels LLC dba Quality Inn Suites, Synergy Hotels, LLC dba Holiday Inn Obetz, Tehrah Hospitality, LLC dba Holiday Inn Toledo, Abhijit S. Vasani, Bhavna A. Vasani, Welcome Group 2 LLC dba Super 8, Welcome Group LLC dba America Best Value Inn..(Heskin, Shane) |
Filing 39 DECLARATION of Lani D'Agostino in Support re: #36 MOTION to Remand to State Court .. Document filed by Itria Ventures LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Pincus, Andrew) |
Filing 38 MEMORANDUM OF LAW in Support re: #36 MOTION to Remand to State Court . . Document filed by Itria Ventures LLC..(Pincus, Andrew) |
Filing 37 DECLARATION of Harrison Smalbach in Support re: #36 MOTION to Remand to State Court .. Document filed by Itria Ventures LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Pincus, Andrew) |
Filing 36 MOTION to Remand to State Court . Document filed by Itria Ventures LLC. (Attachments: #1 Text of Proposed Order Proposed Order).(Pincus, Andrew) |
Filing 35 NOTICE OF APPEARANCE by Andrew Jan Pincus on behalf of Itria Ventures LLC..(Pincus, Andrew) |
Filing 34 STIPULATION: IT IS HEREBY stipulated by and between the parties that: (i) The date for Defendants to respond to the Complaint in this matter is hereby extended to and including April 4, 2023; and (ii) Plaintiff's agreement to allow Defendants an extension of time to file an answer is not a waiver of Plaintiff's right to seek remand of this matter to the state court. IT IS FURTHER STIPULATED AND AGREED that this stipulation may be signed in counterparts and that electronic signatures shall be sufficient for all purposes. SO ORDERED. Buckeye Lodging, LLC dba Red Roof Plus answer due 4/4/2023; Dayton Hotels, LLC dba Best Western North answer due 4/4/2023; Elite Hospitality LLC dba Quality Inn Suites answer due 4/4/2023; Hilliard Hotels, LLC dba Hampton Sidney answer due 4/4/2023; Innvite Hospitality Group, LLC answer due 4/4/2023; Lancaster Hospitality, LLC dba Hampton Inn answer due 4/4/2023; Oak Hills Hotels, LLC dba Holiday Inn Groveport answer due 4/4/2023; S&G Hospitality, Inc. dba Quality Inn Suites answer due 4/4/2023; SMV Hotels, Inc. dba Holiday Inn Groveport answer due 4/4/2023; Sunburst Hotels LLC dba Quality Inn Suites answer due 4/4/2023; Synergy Hotels, LLC dba Holiday Inn Obetz answer due 4/4/2023; Tehrah Hospitality, LLC dba Holiday Inn Toledo answer due 4/4/2023; Abhijit S. Vasani answer due 4/4/2023; Bhavna A. Vasani answer due 4/4/2023; Welcome Group 2 LLC dba Super 8 answer due 4/4/2023; Welcome Group LLC dba America Best Value Inn answer due 4/4/2023. (Signed by Judge Valerie E. Caproni on 3/10/2023) (tg) |
Filing 33 PROPOSED STIPULATION AND ORDER. Document filed by Buckeye Lodging, LLC dba Red Roof Plus, Dayton Hotels, LLC dba Best Western North, Elite Hospitality LLC dba Quality Inn Suites, Hilliard Hotels, LLC dba Hampton Sidney, Innvite Hospitality Group, LLC, Lancaster Hospitality, LLC dba Hampton Inn, Oak Hills Hotels, LLC dba Holiday Inn Groveport, S&G Hospitality, Inc. dba Quality Inn Suites, SMV Hotels, Inc. dba Holiday Inn Groveport, Sunburst Hotels LLC dba Quality Inn Suites, Synergy Hotels, LLC dba Holiday Inn Obetz, Tehrah Hospitality, LLC dba Holiday Inn Toledo, Abhijit S. Vasani, Bhavna A. Vasani, Welcome Group 2 LLC dba Super 8, Welcome Group LLC dba America Best Value Inn..(Heskin, Shane) |
Filing 32 CIVIL COVER SHEET filed..(Heskin, Shane) |
Filing 31 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Welcome Group LLC dba America Best Value Inn..(Heskin, Shane) |
Filing 30 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Welcome Group 2 LLC dba Super 8..(Heskin, Shane) |
Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tehrah Hospitality, LLC dba Holiday Inn Toledo..(Heskin, Shane) |
Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Synergy Hotels, LLC dba Holiday Inn Obetz..(Heskin, Shane) |
Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate S&G Hotels Inc. dba Quality Inn Suites for Sunburst Hotels LLC dba Quality Inn Suites. Document filed by Sunburst Hotels LLC dba Quality Inn Suites..(Heskin, Shane) |
Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Oak Hills Hotels, LLC dba Holiday Inn Groveport for SMV Hotels, Inc. dba Holiday Inn Groveport. Document filed by SMV Hotels, Inc. dba Holiday Inn Groveport..(Heskin, Shane) |
Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Lancaster Hospitality, LLC dba Hampton Inn, Other Affiliate Buckeye Lodging, LLC dba Red Roof Plus, Other Affiliate Sunburst Hotels LLC dba Quality Inn Suites for S&G Hospitality, Inc. dba Quality Inn Suites. Document filed by S&G Hospitality, Inc. dba Quality Inn Suites..(Heskin, Shane) |
Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SMV Hotels, Inc. dba Holiday Inn Groveport for Oak Hills Hotels, LLC dba Holiday Inn Groveport. Document filed by Oak Hills Hotels, LLC dba Holiday Inn Groveport..(Heskin, Shane) |
Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent S&G Hospitality Inc. dba Quality Inn Suites for Lancaster Hospitality, LLC dba Hampton Inn. Document filed by Lancaster Hospitality, LLC dba Hampton Inn..(Heskin, Shane) |
Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Innvite Hospitality Group, LLC..(Heskin, Shane) |
Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hilliard Hotels, LLC dba Hampton Sidney..(Heskin, Shane) |
Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Elite Hospitality LLC dba Quality Inn Suites..(Heskin, Shane) |
Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Dayton Hotels, LLC dba Best Western North..(Heskin, Shane) |
Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent S&G Hospitality Inc. dba Quality Inn Suites for Buckeye Lodging, LLC dba Red Roof Plus. Document filed by Buckeye Lodging, LLC dba Red Roof Plus..(Heskin, Shane) |
Filing 17 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/28/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 2/27/2023) (tg) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Shane R. Heskin to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the incorrect Citizenship of Principal Parties codes was selected for Plaintiff and Defendant. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Shane R. Heskin to RE-FILE Document Nos. #16 Rule 7.1 Corporate Disclosure Statement, #10 Rule 7.1 Corporate Disclosure Statement, #15 Rule 7.1 Corporate Disclosure Statement, #14 Rule 7.1 Corporate Disclosure Statement, #4 Rule 7.1 Corporate Disclosure Statement, #6 Rule 7.1 Corporate Disclosure Statement, #5 Rule 7.1 Corporate Disclosure Statement, #3 Rule 7.1 Corporate Disclosure Statement, #13 Rule 7.1 Corporate Disclosure Statement, #11 Rule 7.1 Corporate Disclosure Statement, #9 Rule 7.1 Corporate Disclosure Statement, #7 Rule 7.1 Corporate Disclosure Statement, #8 Rule 7.1 Corporate Disclosure Statement and #12 Rule 7.1 Corporate Disclosure Statement,. These filings are deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file these documents using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb) |
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Shane R. Heskin. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 1 (Citizen of This State); Citizenship Defendant code 2 (Citizen of Another State);. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State);. (jgo) |
Magistrate Judge Sarah L. Cave 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. (jgo) |
Case Designated ECF. (jgo) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(jgo) |
Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sunburst Hotels LLC dba Quality Inn Suites..(Heskin, Shane) Modified on 2/27/2023 (lb). |
Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Welcome Group 2 LLC dba Super 8..(Heskin, Shane) Modified on 2/27/2023 (lb). |
Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Buckeye Lodging, LLC dba Red Roof Plus..(Heskin, Shane) Modified on 2/27/2023 (lb). |
Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Innvite Hospitality Group, LLC..(Heskin, Shane) Modified on 2/27/2023 (lb). |
Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SMV Hotels, Inc. dba Holiday Inn Groveport..(Heskin, Shane) Modified on 2/27/2023 (lb). |
Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by S&G Hospitality, Inc. dba Quality Inn Suites..(Heskin, Shane) Modified on 2/27/2023 (lb). |
Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Elite Hospitality LLC dba Quality Inn Suites..(Heskin, Shane) Modified on 2/27/2023 (lb). |
Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Dayton Hotels, LLC dba Best Western North..(Heskin, Shane) Modified on 2/27/2023 (lb). |
Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Oak Hills Hotels, LLC dba Holiday Inn Groveport..(Heskin, Shane) Modified on 2/27/2023 (lb). |
Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tehrah Hospitality, LLC dba Holiday Inn Toledo..(Heskin, Shane) Modified on 2/27/2023 (lb). |
Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Synergy Hotels, LLC dba Holiday Inn Obetz..(Heskin, Shane) Modified on 2/27/2023 (lb). |
Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hilliard Hotels, LLC dba Hampton Sidney..(Heskin, Shane) Modified on 2/27/2023 (lb). |
Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lancaster Hospitality, LLC dba Hampton Inn..(Heskin, Shane) Modified on 2/27/2023 (lb). |
Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Welcome Group LLC dba America Best Value Inn..(Heskin, Shane) Modified on 2/27/2023 (lb). |
Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Heskin, Shane) Modified on 2/27/2023 (jgo). |
Filing 1 NOTICE OF REMOVAL from Supreme Court of The State of New York, County of New York. Case Number: 650527/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27388619).Document filed by SMV Hotels, Inc. dba Holiday Inn Groveport, Oak Hills Hotels, LLC dba Holiday Inn Groveport, Welcome Group LLC dba America Best Value Inn, Bhavna A. Vasani, Abhijit S. Vasani, Buckeye Lodging, LLC dba Red Roof Plus, Tehrah Hospitality, LLC dba Holiday Inn Toledo, Lancaster Hospitality, LLC dba Hampton Inn, Elite Hospitality LLC dba Quality Inn Suites, Innvite Hospitality Group, LLC, Sunburst Hotels LLC dba Quality Inn Suites, Welcome Group 2 LLC dba Super 8, Dayton Hotels, LLC dba Best Western North, Hilliard Hotels, LLC dba Hampton Sidney, S&G Hospitality, Inc. dba Quality Inn Suites, Synergy Hotels, LLC dba Holiday Inn Obetz. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - State Court Action Docket, #3 Exhibit C - Delaware Corporate Search Results For Itria Ventures LLC).(Heskin, Shane) |
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