Roberts v. Cox Communications, Inc. et al
| John Roberts, Jr. |
| Thomas McCollum, Tommy McCollum, Infinite Communications, Inc., Quality Technologies, Inc., Cox Communications, Inc. and Donovan Martin |
| 3:2020cv00392 |
| July 17, 2020 |
| US District Court for the Western District of North Carolina |
| David S Cayer |
| Frank D Whitney |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 20, 2022. A more recent docket listing may be available from PACER.
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Filing 64
STIPULATION of Dismissal for John Roberts, Jr. only with prejudice by John Roberts, Jr (All Claims Dismissed. Case to be Closed). (Gessner, L.)
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Filing 63
MOTION to Withdraw as Attorney Nicole K. Haynes by John Roberts, Jr. Responses due by 5/25/2022 (Gessner, L.). Motions referred to David S. Cayer.
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TEXT-ONLY ORDER finding as moot #63 Motion to Withdraw as Attorney. Attorney Haynes was previously permitted to withdraw. See #62 and text order entered 4/23/2022. Motion is denied as moot. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/11/2022. (DLG)
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TEXT-ONLY ORDER granting #62 Motion to Withdraw as Attorney. Attorney Nicole Katherine Haynes terminated. So Ordered. Entered by Magistrate Judge David S. Cayer on 4/23/2022. (DLG)
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Filing 62
MOTION to Withdraw as Attorney by Nicole K. Haynes by John Roberts, Jr. Responses due by 5/6/2022 (Haynes, Nicole). Motions referred to David S. Cayer.
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Filing 61
STATUS REPORT by John Roberts, Jr (Haynes, Nicole)
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Filing 60
STATUS REPORT by John Roberts, Jr (Haynes, Nicole)
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Filing 59
STATUS REPORT by John Roberts, Jr (Gessner, L.)
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Filing 58
ORDER granting #49 Motion to Compel; affirming #57 Memorandum and Recommendations. The Parties are hereby ORDERED to proceed to arbitration and submit status reports to this Court every ninety (90) days. The dispute must be resolved within twelve (12) months from the date of this Order. Failure to do so will result in Court action. This matter is hereby STAYED pending the outcome of arbitration. Signed by District Judge Frank D. Whitney on 6/28/21. (clc)
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Filing 57
MEMORANDUM AND RECOMMENDATION on #49 MOTION to Compel Arbitration and Dismiss or Stay Action filed by Donovan Martin, Quality Technologies, Inc. Objections to M&R due by 6/2/2021. Signed by Magistrate Judge David S. Cayer on 5/19/2021. (mek)
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Filing 56
NOTICE of Appearance by Nicole Katherine Haynes on behalf of All Plaintiffs (Haynes, Nicole)
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Filing 55
DECLARATION filed by Donovan Martin, Quality Technologies, Inc. (Attachments: #1 Exhibit A- screen shots of text messages, #2 Exhibit B-contract documents, #3 Exhibit C-screen shots of texts messages, #4 Exhibit D-electronic notification, #5 Exhibit E-text messages, #6 Exhibit F-payment records and receipts)(Saintsing, Byron)
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Filing 54
REPLY to Response to Motion re #49 MOTION to Compel Arbitration and Dismiss or Stay Action by Donovan Martin, Quality Technologies, Inc.. (Saintsing, Byron)
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Filing 53
MOTION for Extension of Time to Reply to Plaintiff's Response in Opposition to Defendants' Motion to Compel Arbitration by Donovan Martin, Quality Technologies, Inc.. Responses due by 4/22/2021 (Attachments: #1 Proposed Order) (Saintsing, Byron). Motions referred to David S. Cayer.
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TEXT-ONLY ORDER granting #53 Motion for Extension of Time to File Response/Reply re #49 MOTION to Compel Arbitration and Dismiss or Stay Action. Replies due by 4/15/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 4/8/2021. (DLG)
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Filing 52
RESPONSE in Opposition re #49 MOTION to Compel Arbitration and Dismiss or Stay Action by John Roberts, Jr. Replies due by 4/8/2021 (Attachments: #1 Exhibit 1 - Roberts' Declaration)(Gessner, L.)
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Filing 51
DECLARATION of Kevin Jackson Pursuant to 28 U.S.C. 1746 filed by Donovan Martin, Quality Technologies, Inc. (Attachments: #1 Exhibit A- signed Contract, #2 Exhibit B- payment records and receipts)(Saintsing, Byron)
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Filing 50
MEMORANDUM in Support re #49 MOTION to Compel Arbitration and Dismiss or Stay Action by Donovan Martin, Quality Technologies, Inc.. (Saintsing, Byron)
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Filing 49
MOTION to Compel Arbitration and Dismiss or Stay Action by Donovan Martin, Quality Technologies, Inc.. Responses due by 4/1/2021 (Saintsing, Byron). Motions referred to David S. Cayer.
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Filing 48
ORDER granting #45 Motion to Set Aside #41 Clerk's Entry of Default. Defendants Martin and Quality are further ORDERED to answer or otherwise respond to Plaintiffs Complaint within twenty-one (21) days from the date on which this Order is entered. Signed by District Judge Frank D. Whitney on 2/24/21. (clc)
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Set/Reset Deadlines: Donovan Martin answer due 3/18/2021; Quality Technologies, Inc. answer due 3/18/2021. (clc)
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Filing 47
DECLARATION of Donovan Martin filed by Donovan Martin, Quality Technologies, Inc. (Attachments: #1 Exhibit A-Contract, #2 Exhibit B-payment documentation)(Saintsing, Byron)
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Filing 46
MEMORANDUM in Support re #45 MOTION to Set Aside #41 Clerk's Entry of Default by Donovan Martin, Quality Technologies, Inc.. (Attachments: #1 Appendix, #2 Exhibit 1- Unpublished Decisions)(Saintsing, Byron)
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Filing 45
MOTION to Set Aside #41 Clerk's Entry of Default by Donovan Martin, Quality Technologies, Inc.. Responses due by 2/11/2021 (Saintsing, Byron)
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Filing 44
Corporate Disclosure Statement by Quality Technologies, Inc. (Saintsing, Byron)
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Filing 43
NOTICE of Appearance by Byron Lee Saintsing on behalf of Donovan Martin, Quality Technologies, Inc. (Saintsing, Byron)
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Filing 42
NOTICE of PLAINTIFFS INTENT TO FILE MOTION FOR DEFAULT FINAL JUDGMENT by John Roberts, Jr (Gessner, L.)
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Filing 41
Clerk's ENTRY OF DEFAULT as to Donovan Martin, Quality Technologies, Inc.. Signed by Clerk, Frank G. Johns (eef)
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Filing 40
Miscellaneous Filing by John Roberts, Jr. re: #38 Order on Motion to Dismiss/Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction, (Gessner, L.) Modified text on 12/9/2020 (eef).
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Filing 39
MOTION for Entry of Default by John Roberts, Jr. (Gessner, L.)
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Filing 38
ORDER TO SHOW CAUSE and ORDER granting in part and denying in part #17 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part #17 Motion to Dismiss for Lack of Jurisdiction; granting #18 Motion to Dismiss for Lack of Jurisdiction; denying as moot #22 Motion to Dismiss for Failure to State a Claim. Plaintiff is hereby ordered to SHOW CAUSE within fourteen (14) days why the claims against Defendants Quality and Martin should not be dismissed for failure to prosecute. Signed by District Judge Frank D. Whitney on 12/3/20. (clc)
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Set/Reset Deadlines: Show Cause Response due by 1/17/2020. (clc)
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Filing 37
SERVICE by Publication filed by John Roberts, Jr. Last publication date 10/21/2020. (Gessner, L.)
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Filing 36
MOTION for Extension of Time for Service of Process by John Roberts, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B) (Gessner, L.). Motions referred to David S. Cayer.
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TEXT-ONLY ORDER granting #36 Motion for Extension of Time for Service of Process. Deadline for service of process extended to 11/14/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/8/2020. (DLG)
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Filing 35
REPLY to Response to Motion re #17 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Cox Communications, Inc.. (Goemann, Ethan)
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Filing 34
REPLY to Response to Motion re #18 MOTION to Dismiss for Lack of Jurisdiction by Infinite Communications, Inc., Thomas McCollum. (Hardymon, G.)
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Filing 33
REPLY to Response to Motion re #22 MOTION to Dismiss for Failure to State a Claim by Infinite Communications, Inc., Thomas McCollum. (Hardymon, G.)
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Filing 32
RESPONSE in Opposition re #17 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by John Roberts, Jr. Replies due by 9/29/2020 (Gessner, L.)
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Filing 31
RESPONSE in Opposition re #22 MOTION to Dismiss for Failure to State a Claim by John Roberts, Jr. Replies due by 9/29/2020 (Gessner, L.)
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Filing 30
RESPONSE in Opposition re #18 MOTION to Dismiss for Lack of Jurisdiction by John Roberts, Jr. Replies due by 9/29/2020 (Attachments: #1 Exhibit A - Roberts Declaration)(Gessner, L.)
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Filing 29
AFFIDAVIT of Service filed by John Roberts, Jr. Quality Technologies, Inc. served on 9/3/2020, answer due 9/24/2020. (Gessner, L.)
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Filing 28
ORDER granting #27 Motion for Extension of Time to File Response/Reply re #17 , #18 and #22 Motions to Dismiss and/or to file an amended complaint is extended through Tuesday, September 22, 2020. Responses due by 9/22/2020 Signed by Magistrate Judge David S. Cayer on 9/2/2020. (mek)
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Filing 27
MOTION for Extension of Time to File Response/Reply re: #22 MOTION to Dismiss for Failure to State a Claim , #18 MOTION to Dismiss for Lack of Jurisdiction , #17 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by John Roberts, Jr. Responses due by 9/16/2020 (Gessner, L.). Motions referred to David S. Cayer.
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Filing 26
ORDER granting #14 Motion for Leave to Appear Pro Hac Vice added Annette A. Idalski for Cox Communications, Inc.; granting #25 Amended Motion for Leave to Appear Pro Hac Vice added Kaitlin K. Lamers for Cox Communications. Signed by Magistrate Judge David S. Cayer on 8/31/20. (mga) Modified text on 8/31/2020 (mga).
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Notice to kaitlin.lammers@chamberlainlaw.com: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 9/8/2020. (mga)
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Notice to Annette AIdalski: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 9/8/2020. (mga)
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TEXT-ONLY ORDER finding as moot #15 Motion for Leave to Appear Pro Hac Vice. Relief sought herein was granted in response to Amended Motion. See Documents #25 and 26. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/31/2020. (DLG)
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Filing 25
MOTION to Amend/Correct #15 MOTION for Leave to Appear Pro Hac Vice as to Kaitlin K. Lammers Filing fee $ 281, receipt number 0419-4613133. by Cox Communications, Inc.. Responses due by 9/10/2020 (Goemann, Ethan). Motions referred to David S. Cayer.
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Filing 24
Corporate Disclosure Statement by Infinite Communications, Inc. (Hardymon, G.)
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Filing 23
MEMORANDUM in Support re #22 MOTION to Dismiss for Failure to State a Claim by Infinite Communications, Inc., Thomas McCollum. (Hardymon, G.)
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Filing 22
MOTION to Dismiss for Failure to State a Claim by Infinite Communications, Inc., Thomas McCollum. Responses due by 9/8/2020 (Hardymon, G.)
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Filing 21
DECLARATION of Thomas McCollum re #18 MOTION to Dismiss for Lack of Jurisdiction filed by Infinite Communications, Inc., Thomas McCollum (Hardymon, G.)
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Filing 20
DECLARATION of Mark Lee re #18 MOTION to Dismiss for Lack of Jurisdiction filed by Infinite Communications, Inc., Thomas McCollum (Hardymon, G.)
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Filing 19
MEMORANDUM in Support re #18 MOTION to Dismiss for Lack of Jurisdiction by Infinite Communications, Inc., Thomas McCollum. (Hardymon, G.)
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Filing 18
MOTION to Dismiss for Lack of Jurisdiction by Infinite Communications, Inc., Thomas McCollum. Responses due by 9/8/2020 (Hardymon, G.)
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Filing 17
MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Cox Communications, Inc.. Responses due by 9/8/2020 (Attachments: #1 Memorandum Memorandum in Support, #2 Declaration of Mark Lee, #3 Declaration of Tommy McCollum) (Smith, Frederick)
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Filing 16
NOTICE of Appearance by Frederick T. Smith on behalf of Cox Communications, Inc. (Smith, Frederick)
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Filing 15
MOTION for Leave to Appear Pro Hac Vice as to Kaitlin K. Lammers Filing fee $ 281, receipt number 0419-4613133. by Cox Communications, Inc.. (Goemann, Ethan). Motions referred to David S. Cayer.
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Filing 14
MOTION for Leave to Appear Pro Hac Vice as to Annette A. Idalski Filing fee $ 281, receipt number 0419-4613125. by Cox Communications, Inc.. (Attachments: #1 Exhibit Court Admissions) (Goemann, Ethan). Motions referred to David S. Cayer.
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Filing 13
ORDER granting #11 Motion for Leave to Appear Pro Hac Vice added Richard G. Rumrell for Infinite Communications, Inc.,Richard G. Rumrell for Thomas McCollum. Signed by Magistrate Judge David S. Cayer on 8/10/2020. (mek)
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Filing 12
NOTICE of Appearance by Luke Graham Thomas on behalf of Infinite Communications, Inc., Thomas McCollum (Thomas, Luke)
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Filing 11
MOTION for Leave to Appear Pro Hac Vice as to Richard G. Rumrell Filing fee $ 281, receipt number 0419-4612305. by Infinite Communications, Inc., Thomas McCollum. (Hardymon, G.). Motions referred to David S. Cayer.
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Filing 10
Corporate Disclosure Statement by Cox Communications, Inc. (Goemann, Ethan)
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Notice to Richard G. Rumrell: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 8/17/2020. (mek)
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Filing 9
ORDER granting #8 Defendant's Motion for Extension of Time to Answer re #1 Complaint. Cox Communications, Inc. answer due 8/24/2020. Signed by Magistrate Judge David S. Cayer on 8/7/20. (mga)
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Filing 8
MOTION for Extension of Time to Answer re: #1 Complaint by Cox Communications, Inc.. (Attachments: #1 Proposed Order) (Goemann, Ethan). Motions referred to David S. Cayer.
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Filing 7
NOTICE of Appearance by Ethan Coretz Goemann on behalf of Cox Communications, Inc. (Goemann, Ethan)
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Filing 6
ORDER granting #5 Motion for Extension of Time to Answer. Infinite Communications, Inc. and Thomas McCollum answer due 8/24/2020. Signed by Magistrate Judge David S. Cayer on 8/5/2020. (brl)
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Filing 5
MOTION for Extension of Time to Answer re: #1 Complaint by Infinite Communications, Inc., Thomas McCollum. (Hardymon, G.). Motions referred to David S. Cayer.
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Filing 4
NOTICE of Appearance by G. Kirkland Hardymon on behalf of Infinite Communications, Inc., Thomas McCollum (Hardymon, G.)
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Filing 3
AFFIDAVIT of Service filed by John Roberts, Jr. Cox Communications, Inc. served on 7/20/2020, answer due 8/10/2020. (Gessner, L.)
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Filing 2
Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: #1 Summons -McCollum, #2 Summons -Infinite, #3 Summons -Cox, #4 Summons -Martin)(js)
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Filing 1
COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0419-4578077), filed by John Roberts, Jr.. (Attachments: #1 Exhibit A - John Roberts, Jr. - Consent to Join)(Gessner, L.)
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Case assigned to District Judge Frank D. Whitney and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(js)
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Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (js)
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