Hackensack Riverkeeper, Inc. et al v. Seneca Meadows, Inc. et al
| Hackensack Riverkeeper, Inc. and New City Neighborhood Association, Inc. |
| Seneca Meadows, Inc., Waste Connections US, Inc., Waste Connections of New York, Inc. and West Nyack Transfer Station |
| United States |
| 7:2021cv07659 |
| September 14, 2021 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Environmental Matters |
| 33 U.S.C. § 1365 Clean Water Act - Citizen Suits re Environmental Matters |
| None |
Docket Report
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Filing 38
CONSENT DECREE. IT IS HEREBY STIPULATED BETWEEN THE PARTIES AND ORDERED, ADJUDGED AND DECREED BY THE COURT AS FOLLOWS: Defendants shall operate the Facility and manage stormwater discharges from the Facility in compliance with the terms of the General Permit and the Clean Water Act. Defendant will implement the storm water pollution control measures set forth in Appendix A within thirty (30) days from the Effective Date, unless specified otherwise in Appendix A. Many of these measures are depicted in a site map of the Facility, attached hereto as Appendix B. Within one (1) year of the Effective Date, Defendant shall collect and analyze at least one more stormwater discharge from the roof to confirm that the roof discharges do not appear to be a major pollution source. Defendant shall provide Plaintiffs with a copy of the laboratory analysis within thirty (30) (30)days of receipt. From July 1, 2022, through June 30, 2023, Defendant will collect and analyze storm water discharges from one qualifying storm event per quarter. In addition to the parameters the Facility is required to monitor pursuant to the General Permit and its SWPPP, once during the period of January 1, 2023, through June 30, 2023, Defendant shall analyze the storm water discharge at Outfall 001 for human bacteroides. In recognition of the good faith efforts by Defendant to comply with the General Permit and the Clean Water Act and in lieu of any payment that could have been assessed as a penalty if the matter were tried, Defendant shall pay the sum of sixty thousand dollars ($60,000) to the firm of Nelson, Pope & Voorhis, LLC, for the provision of stormwater management planning services and development of a final Water Quality Improvement Plan ("WQIP") engineering report for the Hackensack River basin to be submitted to the Town of Clarkstown and the Stormwater Consortium of Rockland County. Defendant shall pay a sum of ninety-five thousand dollars ($95,000) as full and complete satisfaction of Plaintiffs' claims for attorneys' fees and costs incurred to date, including investigative and expert costs. The payment has been placed in escrow with Defendant's attorney and will be sent to Plaintiffs' attorney via certified mail, or similar service with tracking, within seven (7) business days of the Effective Date. Plaintiffs will incur costs in order to monitor Defendant's compliance with this Decree. To help defray these costs, Defendant agrees to pay up to ten thousand dollars ($10,000). $10,000 will be placed in escrow with Defendant's attorney within sixty (60) days after this Decree is executed by the parties, and will be transferred to Plaintiffs' attorney within seven (7) business days of the Effective Date. Upon Court approval and entry of this Consent Decree, Plaintiffs covenant not to sue and release Defendant Seneca Meadows, Inc. (including its representatives, assigns, agents, employees, officers, attorneys and consultants) from any and all claims, causes of action, or liability related to stormwater at the Facility under Section 505 of the Clean Water Act, 33 U.S.C. 1365, for damages, penalties, fines, injunctive relief, or any other claim or relief (a) relating to or resulting from noncompliance with the Clean Water Act occurring prior to the Termination Date, and (b) for any past violations of the Clean Water Act at the Facility alleged, or that could have been alleged in the Complaint. This Paragraph does not constitute a waiver or release of any claims relating to the enforcement of this Decree. Defendant releases and discharges Plaintiffs and their representatives, assigns, agents, employees, officers, attorneys and consultants, including those who have held positions in the past, from any and all claims, liability, demands, penalties, costs, and causes of action of every nature which concern or are connected with this action. The United States District Court for the Southern District of New York shall retain and shall have jurisdiction over the Parties to this Decree for the resolution of any disputes that may arise under this Decree. This Court shall also allow this action to be reopened for the purpose of enabling the Parties to this Decree to apply to the Court for any further order that may be necessary to construe, carry out, enforce compliance and/or resolve any dispute regarding the terms or conditions of this Decree. ENTERED., Motions terminated: #37 MOTION to Approve Consent Judgment . filed by New City Neighborhood Association, Inc., Hackensack Riverkeeper, Inc. (Signed by Judge Kenneth M. Karas on 11/22/22) (yv)
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| Case Stay Lifted. (yv) |
| Filing 37 MOTION to Approve Consent Judgment . Document filed by Hackensack Riverkeeper, Inc., New City Neighborhood Association, Inc.. (Attachments: #1 Text of Proposed Order Consent Decree).(Chermak, Douglas) |
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Filing 36
MEMO ENDORSEMENT: on re: #35 Letter filed by United States. ENDORSEMENT: The Parties are to advise the Court by 11 /21 /22 as to the next steps in this case, in light of the Government's consent to the Consent Decree. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/14/2022) (ama)
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| Filing 35 LETTER addressed to Judge Kenneth M. Karas from Robert Yalen dated 11/14/2022 re: Proposed Consent Decree. Document filed by United States..(Yalen, Robert) |
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Filing 34
ORDER granting #33 Letter Motion to Reopen re: #33 LETTER MOTION to Reopen re: #32 Consent Judgment, Add and Terminate Parties, Notice to Attorney Regarding Deficient Voluntary Dismissal,, in accordance with 33 U.S.C. 1365(c)(3) addressed to Ju. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 10/3/22) (yv)
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| Filing 33 LETTER MOTION to Reopen re: #32 Consent Judgment, Add and Terminate Parties,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Notice to Attorney Regarding Deficient Voluntary Dismissal,, in accordance with 33 U.S.C. 1365(c)(3) addressed to Judge Kenneth M. Karas from Edan Rotenberg dated October 3, 2022. Document filed by Hackensack Riverkeeper, Inc., New City Neighborhood Association, Inc...(Rotenberg, Edan) |
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Filing 32
Vacated as per Judges Order dated 10/3/2022, Doc. # 34 CONSENT DECREE. IT IS HEREBY STIPULATED BETWEEN THE PARTIES AND ORDERED, ADJUDGED AND DECREED BY THE COURT AS FOLLOWS: Defendants shall operate the Facility and manage stormwater discharges from the Facility in compliance with the terms of the General Permit and the Clean Water Act. From July 1, 2022, through June 30, 2023. Defendant will collect and analyze storm water discharges from one qualifying storm event per quarter. During each twelve-month period between July 1 and June 30 during the Term of this Decree, Defendant shall provide Plaintiffs with copies of any documents or correspondence submitted to any governmental agency (including uploaded to any government agency-maintained website) related to discharges of pollution from the Facility to waterbodies or sewers of any kind or Clean Water Act compliance regarding the Facility no later than August 1 following such period of submission of such documents or correspondence to said agency. This includes, but is not limited to as further set forth in this Judgment. In recognition of the good faith efforts by Defendant to comply with the General Permit and the Clean Water Act and in lieu of any payment that could have been assessed as a penalty if the matter were tried, Defendant shall pay the sum of sixty thousand dollars ($60,000) to the firm of Nelson, Pope & Voorhis, LLC, for the provision of stormwater management planning services and development of a final Water_ Quality Improvement Plan ("WQIP") engineering report for the Hackensack River basin to be submitted to the Town of Clarkstown and the Stormwater Consortium of Rockland County. Defendant shall pay a sum of ninety-five thousand dollars ($95,000) as full and complete satisfaction of Plaintiffs' claims for attorneys' fees and costs incurred to date, including investigative and experts costs. The payment has been placed in escrow with Defendant's attorney and will be sent to Plaintiffs' attorney via certified mail, or similar service with tracking, within seven (7) business days of the Effective Date. Defendant shall concurrently notify Plaintiffs that payment has been sent and provide the tracking number, in writing. The check shall be payable to "Super Law Group, LLC Attorney Trust - IOLA". Payments will be deposited in Super Law Group's IOLA Trust Account for the benefit of Plaintiffs. Plaintiffs will incur costs in order to monitor Defendant's compliance with this Decree. To help defray these costs, Defendant agrees to pay up to ten thousand dollars ($10,000). $10,000 will be placed in escrow with Defendant's attorney within sixty ( 60) days after this Decree is executed by the parties, and will be transferred to Plaintiffs' attorney within seven (7) business days of the Effective Date. The check shall be payable to "Super Law Group, LLC Attorney Trust -IOLA". Payments will be deposited in Super Law Group's IOLA Trust Account for the benefit of Plaintiffs. Plaintiffs or their attorneys shall present to Defendant an invoice for any payment they propose to take from this sum to cover compliance oversight fees and costs. Defendant shall have two weeks from receipt of any such invoice to object to the sum claimed. If Defendant does not object, Plaintiffs' attorneys shall draw down the trust account to pay the proposed sum. If Defendant objects, the Parties shall follow the Dispute Resolution Procedure set forth in Section X. Any funds not used during the Term of this Decree shall be returned to Defendant. Upon Court approval and entry of this Consent Decree, Plaintiffs covenant not to sue and release Defendant Seneca Meadows, Inc. (including its representatives, assigns, agents, employees, officers, attorneys and consultants) from any and all claims, causes of action, or liability related to stormwater at the Facility under Section 505 of the Clean Water Act, 33 U.S.C. 1365, for damages, penalties, fines, injunctive relief, or any other claim or relief (a) relating to or resulting from noncompliance with the Clean Water Act occurring prior to the Termination Date, and (b)for any past violations of the Clean Water Act at the Facility alleged, or that could have been alleged in the Complaint. This Paragraph does not constitute a waiver or release of any claims relating to the enforcement of this Decree. Defendant releases and discharges Plaintiffs and their representatives, assigns, agents, employees, officers, attorneys and consultants, including those who have held positions in the past, from any and all claims, liability, demands, penalties, costs, and causes of action of every nature which concern or are connected with this action. The United States District Court for the Southern District of New York shall retain and shall have jurisdiction over the Parties to this Decree for the resolution of any disputes that may arise under this Decree. This Court shall also allow this action to be reopened for the purpose of enabling the Parties to this Decree to apply to the Court for any further order that may be necessary to construe, carry out, enforce compliance and/or resolve any dispute regarding the terms or conditions of this Decree. ENTERED and DATED., (Seneca Meadows, Inc. terminated.) (Signed by Judge Kenneth M. Karas on 9/30/22) (yv) Modified on 10/3/2022 (yv).
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Filing 31
ORDER granting #30 Letter Motion to Stay re: #30 LETTER MOTION to Stay Case and Lodging of Consent Decree addressed to Judge Kenneth M. Karas from Douglas Chermak dated 09/30/2022. For the reasons discussed herein, all deadlines are vacated and the case is stayed until further order of the Court. So Ordered. (Signed by Judge Kenneth M. Karas on 9/30/22) (yv)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Douglas Chermak. RE-FILE Document No. #29 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the individual filer/filers was/were not selected for the voluntary dismissal. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct individual filer/filers - select the correct individual party/parties the voluntary dismissal is against - and attach the correct signed PDF. (tp) |
| Filing 30 LETTER MOTION to Stay Case and Lodging of Consent Decree addressed to Judge Kenneth M. Karas from Douglas Chermak dated 09/30/2022. Document filed by Hackensack Riverkeeper, Inc., New City Neighborhood Association, Inc.. (Attachments: #1 Text of Proposed Order Proposed Consent Decree for Lodging).(Chermak, Douglas) |
| Filing 29 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Waste Connections US, Inc., Waste Connections of New York, Inc., West Nyack Transfer Station. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Chermak, Douglas) Modified on 10/3/2022 (tp). |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Douglas Chermak appeared on behalf of Plaintiffs. Michael Murphy and Megan Brillault appeared on behalf of Defendants. No court reporter served. The Court held a status conference on 9/15/2022. Pending further developments, the Court may hold an additional status conference to be determined. (CAM) |
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time. Granted, but this will be the last extension. So Ordered. (Signed by Judge Kenneth M. Karas on 7/21/22) (yv)
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| Filing 27 LETTER MOTION for Extension of Time to Respond addressed to Judge Kenneth M. Karas from Megan R. Brillault dated July 21, 2022. Document filed by Seneca Meadows, Inc., Waste Connections US, Inc., Waste Connections of New York, Inc., West Nyack Transfer Station..(Brillault, Megan) |
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time. Granted, but this will be the last such extension. (Signed by Judge Kenneth M. Karas on 5/23/2022) (ate)
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| Set/Reset Deadlines: Seneca Meadows, Inc. answer due 8/1/2022; Waste Connections US, Inc. answer due 8/1/2022; Waste Connections of New York, Inc. answer due 8/1/2022; West Nyack Transfer Station answer due 8/1/2022. (ate) |
| Filing 25 LETTER MOTION for Extension of Time to Respond addressed to Judge Kenneth M. Karas from Megan R. Brillault dated May 20, 2022. Document filed by Seneca Meadows, Inc., Waste Connections US, Inc., Waste Connections of New York, Inc., West Nyack Transfer Station..(Brillault, Megan) |
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Filing 24
ORDER granting #23 Letter Motion for Extension of Time. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 3/22/22) (yv)
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| Filing 23 LETTER MOTION for Extension of Time to Respond addressed to Judge Kenneth M. Karas from Megan R. Brillault dated March 22, 2022. Document filed by Seneca Meadows, Inc., Waste Connections US, Inc., Waste Connections of New York, Inc., West Nyack Transfer Station..(Brillault, Megan) |
| Set/Reset Deadlines: Seneca Meadows, Inc. answer due 5/31/2022; Waste Connections US, Inc. answer due 5/31/2022; Waste Connections of New York, Inc. answer due 5/31/2022; West Nyack Transfer Station answer due 5/31/2022. (yv) |
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time. Defendants are given 30 extra days in which to answer the complaint. So Ordered. (Signed by Judge Kenneth M. Karas on 1/25/22) (yv) Modified on 2/11/2022 (yv).
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| Set/Reset Deadlines: Seneca Meadows, Inc. answer due 4/1/2022; Waste Connections US, Inc. answer due 4/1/2022; Waste Connections of New York, Inc. answer due 4/1/2022; West Nyack Transfer Station answer due 4/1/2022. (yv) |
| Filing 21 LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from Megan R. Brillault dated January 25, 2022. Document filed by Seneca Meadows, Inc., Waste Connections US, Inc., Waste Connections of New York, Inc., West Nyack Transfer Station..(Brillault, Megan) |
| Filing 20 NOTICE OF APPEARANCE by Megan Rose Brillault on behalf of Seneca Meadows, Inc., Waste Connections US, Inc., Waste Connections of New York, Inc., West Nyack Transfer Station..(Brillault, Megan) |
| Filing 19 WAIVER OF SERVICE RETURNED EXECUTED. West Nyack Transfer Station waiver sent on 12/1/2021, answer due 1/31/2022. Document filed by Hackensack Riverkeeper, Inc.; New City Neighborhood Association, Inc...(Chermak, Douglas) |
| Filing 18 WAIVER OF SERVICE RETURNED EXECUTED. Waste Connections US, Inc. waiver sent on 12/1/2021, answer due 1/31/2022. Document filed by Hackensack Riverkeeper, Inc.; New City Neighborhood Association, Inc...(Chermak, Douglas) |
| Filing 17 WAIVER OF SERVICE RETURNED EXECUTED. Waste Connections of New York, Inc. waiver sent on 12/1/2021, answer due 1/31/2022. Document filed by Hackensack Riverkeeper, Inc.; New City Neighborhood Association, Inc...(Chermak, Douglas) |
| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. Seneca Meadows, Inc. waiver sent on 12/1/2021, answer due 1/31/2022. Document filed by Hackensack Riverkeeper, Inc.; New City Neighborhood Association, Inc...(Chermak, Douglas) |
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Filing 15
ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for Douglas J. Chermak to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 10/19/2021) (vfr)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Douglas Jonathan Chermak to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 14 MOTION for Douglas Jonathan Chermak to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hackensack Riverkeeper, Inc., New City Neighborhood Association, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 CERTIFICATE OF GOOD STANDING).(Chermak, Douglas) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #13 MOTION for Douglas Jonathan Chermak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25201013. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): expired Certificate of Good Standing from SUPREME COURT OF CALIFORNIA;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (aea) |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Douglas Jonathan Chermak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25201013. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hackensack Riverkeeper, Inc., New City Neighborhood Association, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Chermak, Douglas) Modified on 10/18/2021 (aea). |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Waste Connections US, Inc...(pc) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to West Nyack Transfer Station..(pc) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Waste Connections of New York, Inc...(pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Seneca Meadows, Inc...(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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) |
| Magistrate Judge Andrew E. Krause 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) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Edan Rotenberg. The following case opening statistical information was erroneously selected/entered: Office code Foley Square;. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains;. (pc) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to WEST NYACK TRANSFER STATION, re: #1 Complaint,. Document filed by Hackensack Riverkeeper, Inc., New City Neighborhood Association, Inc...(Rotenberg, Edan) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to WASTE CONNECTIONS US, INC., re: #1 Complaint,. Document filed by Hackensack Riverkeeper, Inc., New City Neighborhood Association, Inc...(Rotenberg, Edan) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to WASTE CONNECTIONS OF NEW YORK, INC., re: #1 Complaint,. Document filed by Hackensack Riverkeeper, Inc., New City Neighborhood Association, Inc...(Rotenberg, Edan) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to SENECA MEADOWS, INC., re: #1 Complaint,. Document filed by Hackensack Riverkeeper, Inc., New City Neighborhood Association, Inc...(Rotenberg, Edan) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New City Neighborhood Association, Inc...(Rotenberg, Edan) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hackensack Riverkeeper, Inc...(Rotenberg, Edan) |
| Filing 2 CIVIL COVER SHEET filed..(Rotenberg, Edan) |
| Filing 1 COMPLAINT against Seneca Meadows, Inc., Waste Connections US, Inc., Waste Connections of New York, Inc., West Nyack Transfer Station. (Filing Fee $ 402.00, Receipt Number ANYSDC-25058122)Document filed by Hackensack Riverkeeper, Inc., New City Neighborhood Association, Inc.. (Attachments: #1 Exhibit).(Rotenberg, Edan) |
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