Paintsville Hospital Company, LLC et al v. Amneal Pharmaceuticals, LLC et al
| Saint Joseph Health System, Inc., Hospital of Louisa, Inc., Jackson Hospital Corporation, Paintsville Hospital Company, LLC, Flaget Healthcare, Inc., Jennie Stuart Medical Center, Inc., Hardin Memorial Hospital and T.J. Samson Community Hospital |
| Actavis Pharma, Inc., H.D. Smith LLC, Actavis Laboratories UT, Inc., Janssen Pharmaceutica Inc., Endo Health Solutions, Inc., Actavis Kadian LLC, Abbott Laboratories, Inc., Mallinckrodt LLC, Smith Drug Company, Mallinckrodt PLC, Actavis Totowa LLC, Actavis Elizabeth LLC, Abbott Laboratories, Kentucky CVS Pharmacy, LLC, Wal-Mart Inc., Watson Laboratories Inc., Amneal Pharmaceuticals LLC, Impax Laboratories, LLC, Teva Pharmaceuticals USA, Inc., Actavis South Atlantic LLC, Allergan U.S.A., Inc., Warner Chilcott Company, LLC, Janssen Pharmaceuticals Inc., Actavis LLC, AbbVie Inc., KVK-Tech Inc, Ortho-Mcneil-Janssen Pharmaceuticals Inc., Assertio Therapeutics, Inc., H.D. Smith Wholesale Drug Co., Practice Fusion Inc., Allergan Finance LLC, Walgreen Co., Allscripts Healthcare Solutions, Inc., Amneal Pharmaceuticals Inc., Cephalon, Inc., Wal-Mart Stores East L.P., Walgreen Eastern Co. Inc., Amneal Pharmaceuticals of New York, LLC, Cardinal Health Inc., Allergan PLC, Actavis Mid Atlantic LLC, Rite Aid of Kentukcy, Inc, Actavis Laboratories FL, Inc., Johnson & Johnson, Tasmanian Alkaloids Pty LTD, Allergan Sales LLC, Par Pharmaceutical, Inc., AmerisourceBergen Drug Corporation, Kroger Limited Partnership I, Endo Pharmaceuticals, Inc., CVS Health Corporation, Henry Schein Inc., Watson Pharma, Inc., SpecGX LLC, Walgreens Boots Alliance Inc., Noramco, Inc., CVS Pharmacy Inc., Kroger Limited Partnership II, Teva Pharmaceutical Industries Ltd., The Kroger Co., Par Pharmaceuticals Companies, Inc. and Anda Inc |
| 1:2020op45293 |
| December 28, 2020 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster (MDL 2804) |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Plaintiff |
Docket Report
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| Filing 36 Joint Notice of Dismissal Under FRCP 41(a)(1) of Defendant Allscripts Healthcare Solutions, Inc. filed by Allscripts Healthcare Solutions, Inc., Flaget Healthcare, Inc., Hardin Memorial Hospital, Hospital of Louisa, Inc., Jackson Hospital Corporation, Jennie Stuart Medical Center, Inc., Paintsville Hospital Company, LLC, Saint Joseph Health System, Inc., T.J. Samson Community Hospital. (Barrett, John) |
| Filing 35 Corporate Disclosure Statement filed by KVK-Tech Inc. (Rice, Thomas) |
| Filing 34 Attorney Appearance by Thomas E. Rice, Jr filed by on behalf of KVK-Tech Inc. (Rice, Thomas) |
| Filing 33 CASE TRANSFERRED IN from District of Kentucky Eastern. Case number 7:20-cv-00102. Original file, certified copy of transfer order and docket sheet received. |
| Filing 32 CERTIFIED ORDER received from Northern District of Ohio re: Case Transfer to the MDL Panel pursuant to Transfer Order filed in MDL Case Number 2804. (RCB)cc: COR & NDOH [Transferred from kyed on 12/28/2020.] |
| Filing 31 INFORMATION COPY OF MDL CONDITIONAL TRANSFER ORDER: MDL No. 2804 (RCB) [Transferred from kyed on 12/28/2020.] |
Filing 30
MEMORANDUM OPINION & ORDER: 1. Dft Wal-Mart Inc.'s Motion to Stay #10 is GRANTED; 2. All proceedings in this case, including filing of responsive pleadings or motions, are STAYED pending final decision of JPML of whether to transfer cases to NDOH for consolidation with other related cases; and 3. Dfts shall provide a written status report within 30 days of entrance of this Order regarding status of decision of JPML as to whether to transfer case to NDOH. Signed by Judge Gregory F. Van Tatenhove on 12/1/2020. (RCB)cc: COR [Transferred from kyed on 12/28/2020.]
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| ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #29 Notice of Suggestion of Pendency of Bankruptcy and Automatic Stay of Proceedings (RCB) [Transferred from kyed on 12/28/2020.] |
| Filing 29 NOTICE by Mallinckrodt, LLC, Specgx LLC Notice of Suggestion of Pendency of Bankruptcy and Automatic Stay of Proceedings (Zeigler, Jessalyn) [Transferred from kyed on 12/28/2020.] |
| Filing 28 FRCP 7.1 DISCLOSURE STATEMENT by Mallinckrodt, LLC, Specgx LLC identifying Corporate Parent Mallinckrodt PLC for Mallinckrodt, LLC, Specgx LLC.. (Zeigler, Jessalyn) [Transferred from kyed on 12/28/2020.] |
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Filing 27
ORDER: 1. Dft's Motions for Admission Pro Hac Vice #23 ; R. #24 ; R. #25 ; R. #26 are GRANTED; 2. Jackson R. Sharman is admitted pro hac vice as counsel for Dfts Allscripts Healthcare Solutions, Inc. and Practice Fusion, Inc.; and 3. Lana A. Olson is admitted pro hac vice as counsel for Dfts Allscripts Healthcare Solutions, Inc. and Practice Fusion, Inc.; and 4. Lee M. Hollis is admitted pro hac vice as counsel for Dfts Allscripts Healthcare Solutions, Inc. and Practice Fusion, Inc.; and 5. Jackson E. Knouse is admitted pro hac vice as counsel for Dfts Allscripts Healthcare Solutions, Inc. and Practice Fusion, Inc. Signed by Judge Gregory F. Van Tatenhove on 9/25/2020. (RCB)cc: COR, Sharman, Olson, Hollis, Knouse w/Registration form via U.S. mail [Transferred from kyed on 12/28/2020.]
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| BAR STATUS Check completed as to Lana A. Olson re #24 MOTION for Lana A. Olson to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. (Filing fee $125; receipt number 0643-4780038). (RCB) [Transferred from kyed on 12/28/2020.] |
| BAR STATUS Check completed as to Jackson R. Sharman, III re #23 MOTION for Jackson R. Sharman to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. (Filing fee $125; receipt number 0643-4779989). (RCB) [Transferred from kyed on 12/28/2020.] |
| BAR STATUS Check completed as to Lee M. Hollis re #25 MOTION for Lee M. Hollis to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. (Filing fee $125; receipt number 0643-4780058). (RCB) [Transferred from kyed on 12/28/2020.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #23 MOTION for Jackson R. Sharman to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc., #24 MOTION for Lana A. Olson to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc., #25 MOTION for Lee M. Hollis to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc., #26 MOTION for Jackson E. Knouse to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc., (RCB) [Transferred from kyed on 12/28/2020.] |
| BAR STATUS Check completed as to Jackson E. Knouse re #26 MOTION for Jackson E. Knouse to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. (Filing fee $125; receipt number 0643-4780061). (RCB) [Transferred from kyed on 12/28/2020.] |
| Filing 26 MOTION for Jackson E. Knouse to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. ( Filing fee $125; receipt number 0643-4780061) (Attachments: #1 Affidavit Jackson Affidavit, #2 Attachment Certificate of Good Standing, #3 Proposed Order Proposed Order)(Stansbury, Casey) [Transferred from kyed on 12/28/2020.] |
| Filing 25 MOTION for Lee M. Hollis to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. ( Filing fee $125; receipt number 0643-4780058) (Attachments: #1 Affidavit Hollis Affidavit, #2 Attachment Certificate of Good Standing, #3 Proposed Order Proposed Order)(Stansbury, Casey) [Transferred from kyed on 12/28/2020.] |
| Filing 24 MOTION for Lana A. Olson to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. ( Filing fee $125; receipt number 0643-4780038) (Attachments: #1 Affidavit Olson Affidavit, #2 Attachment Certificate of Good Standing, #3 Proposed Order Proposed Order)(Stansbury, Casey) [Transferred from kyed on 12/28/2020.] |
| Filing 23 MOTION for Jackson R. Sharman to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. ( Filing fee $125; receipt number 0643-4779989) (Attachments: #1 Affidavit Sharman Affidavit, #2 Attachment Certificate of Good Standing, #3 Proposed Order Proposed Order)(Stansbury, Casey) [Transferred from kyed on 12/28/2020.] |
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Filing 22
ORDER: 1. The parties' Unopposed Motion for Extension of Time #21 is GRANTED; 2. Dfts Allscripts Health Care Solutions, Inc.'s and Practice Fusion, Inc.'s deadline to answer or otherwise respond to Plfs' Complaint is EXTENDED 45 days from the later of (1) a decision by Judicial Panel on Multidistrict Litigation regarding transfer to MDL No 2804, or (2) entry of an order from this Court ruling on Plf's Motion to Remand. Signed by Judge Gregory F. Van Tatenhove on 9/9/2020. (RCB)cc: COR [Transferred from kyed on 12/28/2020.]
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #21 UNOPPOSED MOTION for Extension of Time by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. (RCB) [Transferred from kyed on 12/28/2020.] |
| Filing 21 UNOPPOSED MOTION for Extension of Time by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. (Attachments: #1 Proposed Order)(Stansbury, Casey) Modified text on 9/9/2020 (RCB). [Transferred from kyed on 12/28/2020.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #10 MOTION to Stay by Wal-Mart Inc., Wal-Mart Stores East, LP Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation (RCB) [Transferred from kyed on 12/28/2020.] |
| Filing 20 REPLY to Response to Motion re #10 MOTION to Stay by Wal-Mart Inc., Wal-Mart Stores East, LP Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation filed by Wal-Mart Inc., Wal-Mart Stores East, LP. (Attachments: #1 Exhibit K - Marion Hospital)(Sparks, Andrew) [Transferred from kyed on 12/28/2020.] |
| NOTICE OF DEFICIENCY TO Caitlin McQueen re #19 Notice of Appearance; Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is filed must be typed in the space where the signature would otherwise appear. No further action required by counsel. cc: COR (RCB) [Transferred from kyed on 12/28/2020.] |
| Filing 19 NOTICE of Appearance by Casey C. Stansbury, Caitlin L. McQueen on behalf of Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. (McQueen, Caitlin) Modified text on 9/2/2020 (RCB). [Transferred from kyed on 12/28/2020.] |
| NOTICE OF DOCKET MODIFICATION TO Joseph Kramer re #18 REPLY; Error: a link was created to the Response instead of the Motion; Entry by attorney; Clerk modified the entry to create a link to the Motion, thereby placing the reply on the Judge's motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR (RCB) [Transferred from kyed on 12/28/2020.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #8 MOTION to Remand by Flaget Healthcare, Inc., Hardin Memorial Hospital, Hospital of Louisa, Inc., Jackson Hospital Corporation, Jennie Stuart Medical Center, Inc., Paintsville Hospital Company, LLC, Saint Joseph Health System, Inc., T.J. Samson Commun (RCB) [Transferred from kyed on 12/28/2020.] |
| Filing 18 REPLY to #8 EMERGENCY MOTION to Remand filed by Flaget Healthcare, Inc., Hardin Memorial Hospital, Hospital of Louisa, Inc., Jackson Hospital Corporation, Jennie Stuart Medical Center, Inc., Paintsville Hospital Company, LLC, Saint Joseph Health System, Inc., T.J. Samson Community Hospital. (Kramer, Joseph) Modified link on 8/28/2020 (RCB). [Transferred from kyed on 12/28/2020.] |
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Filing 17
ORDER: 1. The partie' Proposed Agreed Order for Extension of Time #16 is GRANTED; 2. Dft Amerisourcebergen Drug Corporation's deadline to answer or otherwise respond to Plaintiffs' Complaint is EXTENDED 45 days from the later of (1) a decision by Judicial Panel on Multidistrict Litigation regarding transfer to MDL No 2804, In re: National Prescription Opiate Litigation, or (2) entry of an order from this Court ruling on Plaintiff's Motion to Remand. Signed by Judge Gregory F. Van Tatenhove on 8/26/2020. (RCB)cc: COR [Transferred from kyed on 12/28/2020.]
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| Filing 16 Proposed Agreed Order for Extension of Time by Amerisourcebergen Drug Corporation. (Brannon, Margaret) [Transferred from kyed on 12/28/2020.] |
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Filing 15
ORDER: 1. Dft H.D. Smith's Motion to Join Motion #7 is GRANTED; 2. Dfts Amneal Pharmaceuticals LLC and Amneal Pharaceuticals of New York, LLC's Motion to Join #11 is GRANTED; 3. Wal-Mart's Motion for Extension of Time #5 is GRANTED; and 4. The deadline for properly served dfts to answer or otherwise respond to Plf's complaint is EXTENDED to 45 days from the later of (1) a decision by Judicial Panel on Multidistrict Litigation regarding transfer of this case to the Opiate MDL, or (2) entry of an order from this Court ruling on Plf's Motion to Remand. Signed by Judge Gregory F. Van Tatenhove on 8/25/2020. (RCB)cc: COR [Transferred from kyed on 12/28/2020.]
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| Filing 14 NOTICE by Wal-Mart Inc., Wal-Mart Stores East, LP re #5 MOTION for Extension of Time to File Answer by Wal-Mart Inc., Wal-Mart Stores East, LP (Sparks, Andrew) [Transferred from kyed on 12/28/2020.] |
| ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #14 Notice re #5 Motion for Extension of Time to File Answer (RCB) [Transferred from kyed on 12/28/2020.] |
| Filing 13 RESPONSE in Opposition re #8 MOTION to Remand by Flaget Healthcare, Inc., Hardin Memorial Hospital, Hospital of Louisa, Inc., Jackson Hospital Corporation, Jennie Stuart Medical Center, Inc., Paintsville Hospital Company, LLC, Saint Joseph Health System, Inc., T.J. Samson Commun filed by Wal-Mart Inc., Wal-Mart Stores East, LP. (Attachments: #1 Exhibit I - City of Orlando, #2 Exhibit J - City of Fairfax)(Sparks, Andrew) [Transferred from kyed on 12/28/2020.] |
| Filing 12 RESPONSE in Opposition re #10 MOTION to Stay by Wal-Mart Inc., Wal-Mart Stores East, LP Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation filed by Flaget Healthcare, Inc., Hardin Memorial Hospital, Hospital of Louisa, Inc., Jackson Hospital Corporation, Jennie Stuart Medical Center, Inc., Paintsville Hospital Company, LLC, Saint Joseph Health System, Inc., T.J. Samson Community Hospital. (Attachments: #1 Exhibit 1 - MDL Order regarding remands, #2 Exhibit 2 - MDL Order on Remand, #3 Exhibit 3- Remand Order County of Dallas, #4 Exhibit 4 - Order Denying Motion to Stay - Weber County UT, #5 Exhibit 5 - Order Denying Motion to Stay - Unitah County UT, #6 Exhibit 6 - Remand Order County of Greenville, #7 Exhibit 7 - Remand Order County of Spartanburg, #8 Exhibit 8 - Order Denying Motion to Stay - Brooke Co. Comm., #9 Exhibit 9 - Order Denying Motion to Stay - City of Worcester, #10 Exhibit 10 - Remand Order - County of Van Zandt, #11 Exhibit 11 - Remand Order - County of Lexington, #12 Exhibit 12 - Transcript of 12.13.17 Teleconference re Remands)(Kramer, Joseph) [Transferred from kyed on 12/28/2020.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #11 MOTION for Joinder #5 MOTION for Extension of Time to File Answer by Wal-Mart Inc., Wal-Mart Stores East, LP by Amneal Pharmaceuticals of New York LLC, Amneal Pharmaceuticals, LLC (RCB) [Transferred from kyed on 12/28/2020.] |
| Filing 11 MOTION for Joinder #5 MOTION for Extension of Time to File Answer by Wal-Mart Inc., Wal-Mart Stores East, LP by Amneal Pharmaceuticals of New York LLC, Amneal Pharmaceuticals, LLC (Attachments: #1 Proposed Order)(McIntosh, Thomas) [Transferred from kyed on 12/28/2020.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #10 MOTION to Stay by Wal-Mart Inc., Wal-Mart Stores East, LP Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation (RCB) [Transferred from kyed on 12/28/2020.] |
| Filing 10 MOTION to Stay by Wal-Mart Inc., Wal-Mart Stores East, LP Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation (Attachments: #1 Exhibit A - Federal Questions, #2 Exhibit B - Transfer Order, #3 Exhibit C - Order, #4 Exhibit D - Memorandum & Order, #5 Exhibit E - Noble City Order, #6 Exhibit F - Jim Hogg Order, #7 Exhibit G - Takoma Order, #8 Exhibit H - Seminole County Order, #9 Proposed Order)(Sparks, Andrew) [Transferred from kyed on 12/28/2020.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #5 MOTION for Extension of Time to File Answer by Wal-Mart Inc., Wal-Mart Stores East, LP; #7 MOTION for Joinder by H.D. Smith, LLC (RCB) [Transferred from kyed on 12/28/2020.] |
| Filing 9 FRCP 7.1 DISCLOSURE STATEMENT by Cardinal Health, Inc.. (Loy, Steven) [Transferred from kyed on 12/28/2020.] |
| Filing 8 EMERGENCY MOTION to Remand by Flaget Healthcare, Inc., Hardin Memorial Hospital, Hospital of Louisa, Inc., Jackson Hospital Corporation, Jennie Stuart Medical Center, Inc., Paintsville Hospital Company, LLC, Saint Joseph Health System, Inc., T.J. Samson Community Hospital (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Kramer, Joseph) Modified text on 7/30/2020 (RCB). [Transferred from kyed on 12/28/2020.] |
| ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #8 EMERGENCY MOTION to Remand by Flaget Healthcare, Inc., Hardin Memorial Hospital, Hospital of Louisa, Inc., Jackson Hospital Corporation, Jennie Stuart Medical Center, Inc., Paintsville Hospital Company, LLC, Saint Joseph Health System, Inc., T.J. Samson Community Hospital (RCB) [Transferred from kyed on 12/28/2020.] |
| Filing 7 MOTION for Joinder #5 MOTION for Extension of Time to File Answer by Wal-Mart Inc., Wal-Mart Stores East, LP by H.D. Smith, LLC (Attachments: #1 Proposed Order)(Simpson, W.) Modified text on 7/30/2020 (RCB). [Transferred from kyed on 12/28/2020.] |
| Filing 6 FRCP 7.1 DISCLOSURE STATEMENT by Rite Aid of Kentucky, Inc. identifying Corporate Parent Rite Aid Corporation for Rite Aid of Kentucky, Inc... (Gray, Elisabeth) [Transferred from kyed on 12/28/2020.] |
| Filing 5 MOTION for Extension of Time to File Answer by Wal-Mart Inc., Wal-Mart Stores East, LP (Attachments: #1 Proposed Order)(Sparks, Andrew) [Transferred from kyed on 12/28/2020.] |
| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by H.D. Smith, LLC identifying Corporate Parent AmerisourceBergen Corporation for H.D. Smith, LLC.. (Simpson, W.) [Transferred from kyed on 12/28/2020.] |
| Clerk's Note re #1 Notice of Removal: MDL Panel & S. Vrolijk notified by e-mail with a copy of notice of removal, complaint & docket sheet. (RCB) [Transferred from kyed on 12/28/2020.] |
| Conflict Check run. (RCB) [Transferred from kyed on 12/28/2020.] |
| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Wal-Mart Inc., Wal-Mart Stores East, LP. (RCB) [Transferred from kyed on 12/28/2020.] |
| Filing 1 NOTICE OF REMOVAL from Johnson Circuit Court, case number 20-CI-00151, filed by Wal-Mart Inc., Wal-Mart Stores East, LP. (Filing fee $400; receipt number 0643-4730656) (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Docket Sheet, #3 Exhibit C - State Court Pleading, #4 Exhibit D - Stay Order, #5 Exhibit E - Transfer Order, #6 Civil Cover Sheet)(RCB) [Transferred from kyed on 12/28/2020.] |
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