Save Our County et al v. United States Defense Logistics Agency et al
| Save Our County, Community In-Power and Development Association Inc., United Congregations of Metro East and Sierra Club |
| United States Defense Logistics Agency, Darrell K. Williams, United States Department of Defense, Mark T. Esper, Heritage Environmental Service, LLC and Tradebe Treatment and Recycling, LLC |
| 4:2021cv01861 |
| September 30, 2021 |
| US District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 |
| None |
Docket Report
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This docket was last retrieved on November 19, 2021. A more recent docket listing may be available from PACER.
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| Filing 107 Motion for summary judgment (oral argument requested) filed by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Attachments: #1 Memorandum of Law in Support of Motion for Summary Judgment, #2 Declaration of Alonzo Spencer, #3 Declaration of Sandra Estell, #4 Declaration of Rev. Mike Atty, #5 Declaration of Mamie Cosey, #6 Declaration of Aaron Isherwood, #7 Declaration of Karla Land, #8 Declaration of Glen Hooks, #9 Declaration of Hilton Kelley, #10 Stipulation of Undisputed Facts)(Yskamp, James) Modified text on 11/22/2021 (D,Ju). |
| Filing 106 Motion to supplement the Administrative Record filed by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Attachments: #1 Memorandum of Law in Support of Motion to Supplement, #2 Declaration of Jonathan Kalmuss-Katz, #3 Exhibit A to Kalmuss-Katz Declaration (DOD Solicitation), #4 Exhibit B to Kalmuss-Katz Declaration (EPA Presentation), #5 Exhibit C to Kalmuss-Katz Declaration (EPA Technical Brief), #6 Exhibit D to Kalmuss-Katz Declaration (FOIA Request), #7 Exhibit E to Kalmuss-Katz Declaration (FOIA Response), #8 Exhibit F to Kalmuss-Katz Declaration (Grandjean Declaration), #9 Exhibit G to Kalmuss-Katz Declaration (Rickman Declaration))(Morrison, Sharmeen) |
Filing 105
Order For the reasons set forth herein, Defendants United States Defense Logistics Agency, Michelle C. Skubic, in her official capacity as Director of the Defense Logistics Agency, United States Department of Defense, and Lloyd J. Austin III, in his official capacity as Secretary of Defense's #97 Unopposed Motion for Extension of Time until 11/8/2021 to Answer Plaintiffs' Complaint is denied as moot. Judge Benita Y. Pearson on 11/17/2021. Related document(s) #104 . (JLG)
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| Filing 104 Answer to #1 Complaint for Declaratory and Injunctive Relief filed by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams , Federal Defendants . (Freeborne, Paul) Modified text on 11/8/2021 (D,Ju). |
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Filing 103
Order granting #100 , #101 , #102 Motions for Appearance Pro Hac Vice by Attorneys Jonathan Kalmuss-Katz, Sharmeen Morrison, and Suzanna Novak for Plaintiffs. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Benita Y. Pearson on 11/5/2021. (JLG)
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| Filing 102 Motion for attorney Suzanne Novak to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11119046, filed by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Attachments: #1 Certificate of Good Standing)(Yskamp, James) |
| Filing 101 Motion for attorney Sharmeen Morrison to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11119018, filed by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Attachments: #1 Certificate of Good Standing)(Yskamp, James) |
| Filing 100 Motion for attorney Jonathan Kalmuss-Katz to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11118935, filed by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Attachments: #1 Certificate of Good Standing)(Yskamp, James) |
| Filing 99 Answer to #1 Complaint filed by Heritage Environmental Service, LLC. (Endemann, Buck) |
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Filing 98
Order In a previous Order (ECF No. #94 ), the Court established a case plan for the above-captioned matter. In addition to the schedule established, the parties are reminded that when referencing documents available on CM/ECF, the documents specific PageID # must be cited. For example, a reference might be: ECF No. 1 at PageID #: 2. Judge Benita Y. Pearson on 11/01/2021. (D,Ju)
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| Filing 97 Unopposed Motion for extension of time until November 8, 2021 to answer Plaintiffs' Complaint (Corrected) filed by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams. (Freeborne, Paul) |
| Filing 96 FILING ERROR. Attorney refiled corrected entry at ECF. #97 . Motion for extension of time until November 1, 2021 to answer Plaintiffs' Complaint filed by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams. (Freeborne, Paul) Modified to denote filing error on 11/1/2021 (R,Li). Modified text on 11/1/2021 (D,Ju). |
| Filing 95 Joint Notice filed by All Plaintiffs. (Yskamp, James) |
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Filing 94
Order Pending before the Court is the parties' Joint Motion for Post-Transfer Case Plan. ECF No. #91 . Following consultation with the parties during a Telephonic Status Conference on 10/27/2021, the Court adopts the following case plan. 11/1/2021: Defendants file their answers. 11/19/2021: Plaintiffs file their (1) motion for summary judgment and (2) motion to supplement the record. 12/17/2021: Defendants file their (1) dispositive cross-motion and opposition to Plaintiffs' motion for summary judgment and (2) opposition to Plaintiffs' motion to supplement the record. 1/14/2022: Plaintiffs file their (1) opposition to Defendants' dispositive cross-motion and reply in further support of Plaintiffs' motion for summary judgment and (2) reply in further support of their motion to supplement the record and opposition to Defendants' motion to strike, if any. 1/28/2022: Defendants file their (1) reply in further support of their dispositive cross-motion and (2) reply in further support of their motion to strike, if any. Plaintiffs' counsel shall confer with Defendants' counsel and file a statement of undisputed facts along with their dispositive motion, which is due on or before 11/19/2021. Defendants are ordered, if necessary, to file an amended statement of undisputed facts along with their dispositive motion, which is due on or before 12/17/2021. See Order for additional information and requirements. Judge Benita Y. Pearson on 10/28/2021. (JLG)
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| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Status Conference held on 10/27/2021. Present were Attorneys Jonathan Kalmuss-Katz and James W. Yskamp as counsel for Plaintiffs; Attorney Paul G. Freeborne as counsel for Defendants United States Defense Logistics Agency, Darrell K. Williams, United States Department of Defense, and Mark T. Esper; and Attorney Buck B. Endemann as counsel for Defendant Heritage Environmental Services, LLC. The parties discussed the post-transfer case plan (ECF No. #91 ), and recusal. The Court directs the parties to file a notice, preferably jointly, within 7 days of the date of this Order advising the Court of any grounds warranting recusal. A separate Post-Transfer Case Plan Order will issue. (Court Reporter: Mary Uphold); Time: 30 minutes. (JLG) |
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Filing 93
Order granting #92 Motion for Appearance Pro Hac Vice by Attorney Buck B. Endemann for Defendant Heritage Environmental Service, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Benita Y. Pearson on 10/26/2021. (JLG)
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| Filing 92 Motion for attorney Buck B. Endemann to Appear Pro Hac Vice. Filing fee $ 120, receipt number 44660005945, filed by Defendant Heritage Environmental Service, LLC. (Attachments: #1 Certificate of Good Standing, #2 Transmittal letter)(D,Ju) |
| IMPORTANT Notice [non-document]: A Telephonic Status Conference is set for 10/27/2021 at 10:30 a.m. before Judge Benita Y. Pearson. Counsel for Plaintiffs shall set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Attendance by lead counsel is mandatory. All other counsel are welcome to attend. (JLG) |
| Filing 91 Joint Motion for adoption of post-transfer case plan filed by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Yskamp, James) |
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Filing 90
Order Before the Court is the parties' Joint Letter requesting a Status Conference "to discuss a schedule for the orderly resubmission of motions" to the Court. ECF No. #88 . The parties are hereby ordered to submit a jointly proposed plan for the case post-transfer, including resubmission of motions, no later than 10/25/2021. After the Court has considered the written proposal, a decision on whether, and when, to conduct a status conference will be made. Judge Benita Y. Pearson on 10/20/2021. (JLG)
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Order [non-document] granting #89 Motion for Extension of Time until 11/1/2021 to Answer Complaint filed by Defendants Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams. Judge Benita Y. Pearson on 10/13/2021. (JLG)
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| Filing 89 Motion for extension of time until November 1, 2021 to answer Complaint filed by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams. (Freeborne, Paul) |
| Filing 88 Joint Letter requesting a status conference filed by All Plaintiffs. (Yskamp, James) |
| Filing 87 Attorney Appearance by James W. Yskamp filed by on behalf of All Plaintiffs. (Yskamp, James) |
| Reassignment of Magistrate Judge pursuant to General Order 2021-15. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (V,AR) |
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Filing 86
Order This matter was transferred to the Court by Transfer Order. ECF No. #83 . Pending before the Court are the following motions: Defendant Heritage Environmental Service, LLC's Notice of Joinder to ECF No. #36 (ECF No. #38 ); Defendant Tradebe Treatment and Recycling, LLC's Notice of Joinder to ECF No. #36 (ECF No. #39 ); Defendant Tradebe Treatment and Recycling, LLC's Notice of Joinder to ECF No. #72 (ECF No. #73 ); Defendant Heritage Environmental Service, LLC's Notice of Joinder to ECF No. #72 (ECF No. #74 ); and Defendant Heritage Environmental Service, LLC's Notice of Joinder to ECF No. #79 (ECF No. #80 ). Each motion regards matters already resolved by the Transfer Order. As a result, each pending motion is denied as moot. Judge Benita Y. Pearson on 9/30/2021. (JLG)
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| Filing 85 Magistrate Consent Form issued. (K,AR) |
| Filing 84 CASE TRANSFERRED IN from District of California Northern. Case number 4:20-cv-01267. Electroniv file, transfer order and docket sheet received. |
| Judge Benita Y. Pearson assigned to case. (K,AR) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (K,AR) |
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Filing 83
ORDER by Judge Saundra Brown Armstrong GRANTING #40 DEFENDANTS' MOTION TO TRANSFER. (amgS, COURT STAFF) (Filed on 9/28/2021) [Transferred from cand on 9/30/2021.]
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| Filing 82 CLERK'S NOTICE VACATING HEARING. Notice is hereby given that the Court takes the pending motions: #40 First MOTION to Transfer Case; #56 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion to Transfer, or, in the Alternative, to Dismiss; #75 MOTION for Summary Judgment filings under submission. The hearing previously scheduled for 9/9/2020 at 2:00 p.m. is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amgS, COURT STAFF) (Filed on 8/31/2020) [Transferred from cand on 9/30/2021.] |
| Filing 81 REPLY in Further Support of Plaintiffs' Cross-Motion to Supplement the Record (re #75 MOTION for Summary Judgment ) filed by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Kalmuss-Katz, Jonathan) (Filed on 8/25/2020) Modified on 8/26/2020 (jmlS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
| Filing 80 Joinder re #79 Reply to Opposition/Response, in Support of Cross-Motion for Summary Judgment and Motion to Strike Extra-Record Evidence; Opposition to Plaintiffs Cross-Motion to Supplement the Record filed by Federal Defendants by Heritage Environmental Service, LLC. (Endemann, Buck) (Filed on 8/18/2020) [Transferred from cand on 9/30/2021.] |
| Filing 79 REPLY (re #75 MOTION for Summary Judgment ) And Motion to Strike Extra-Record Evidence; Opposition to Plaintiffs' Motion to Supplement the Record filed byMark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams. (Freeborne, Paul) (Filed on 8/18/2020) [Transferred from cand on 9/30/2021.] |
| Filing 78 REPLY (re #56 Cross MOTION for Summary Judgment and Opposition, #75 MOTION for Summary Judgment ) & Opposition to Defendants' Motion for Summary Judgment filed byCommunity In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Kalmuss-Katz, Jonathan) (Filed on 8/3/2020) [Transferred from cand on 9/30/2021.] |
| Filing 77 OPPOSITION/RESPONSE (re #75 MOTION for Summary Judgment ) and Cross-Motion to Supplement the Administrative Record filed byCommunity In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Attachments: #1 Proposed Order)(Kalmuss-Katz, Jonathan) (Filed on 8/3/2020) [Transferred from cand on 9/30/2021.] |
| Filing 76 OBJECTIONS to Reply Evidence by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Kalmuss-Katz, Jonathan) (Filed on 7/24/2020) [Transferred from cand on 9/30/2021.] |
| Filing 75 MOTION for Summary Judgment and Reply in Support of Motion to Transer, Opposition to Plaintiffs' Cross-Motion for Summary Judgment, and Motion to Strike Extra-Record Evidence (Correction of Docket #72 ) filed by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams. Motion Hearing set for 9/9/2020 02:00 PM before Judge Saundra Brown Armstrong. Responses due by 8/3/2020. Replies due by 8/18/2020. (Attachments: #1 Declaration)(Freeborne, Paul) (Filed on 7/21/2020) Modified on 7/22/2020 (ajsS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
| Filing 74 Joinder re #72 MOTION for Summary Judgment, Reply in Support of Motion to Transer and Motion to Dismiss, Opposition to Plaintiffs' Cross-Motion for Summary Judgment, and Motion to Strike Extra-Record Evidence by Heritage Environmental Service, LLC. (Attachments: #1 Declaration of Shane Tipton in Support of Joinder)(Hartman, Barry) (Filed on 7/17/2020) Modified on 7/20/2020 (ajsS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
| Filing 73 Joinder re #72 MOTION for Summary Judgment , Reply in Support of Motion to Transer and Motion to Dismiss, Opposition to Plaintiffs' Cross-Motion for Summary Judgment, and Motion to Strike Extra-Record Evidence by Tradebe Treatment and Recycling, LLC. (Hartman, Barry) (Filed on 7/17/2020) Modified on 7/20/2020 (ajsS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
| Filing 72 ***DISREGARD. ERROR IN FILING PER FILER. SEE DOCKET #75.*** MOTION for Summary Judgment and Reply in Support of Motion to Transer, Opposition to Plaintiffs' Cross-Motion for Summary Judgment, and Motion to Strike Extra-Record Evidence filed by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams. Motion Hearing set for 9/9/2020 02:00 PM before Judge Saundra Brown Armstrong. Responses due by 8/3/2020. Replies due by 8/18/2020. (Attachments: #1 Declaration)(Freeborne, Paul) (Filed on 7/17/2020) Modified on 7/20/2020 (ajsS, COURT STAFF). Modified on 7/21/2020 (jmlS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
| Filing 71 STIPULATION dismissing Defendant Tradebe Treatment and Recycling, LLC pursuant to Federal Rule 41(a)(1)(A)(ii) filed by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East, Darrell K. Williams, United States Department of Defense, United States Defense Logistics Agency, Tradebe Treatment and Recycling, LLC, Heritage Environmental Service, LLC, and Mark T. Espers. (Kalmuss-Katz, Jonathan) (Filed on 6/23/2020) Modified on 6/24/2020 (ajsS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
| Filing 70 Proposed Order re #56 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion to Transfer, or, in the Alternative, to Dismiss by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Kalmuss-Katz, Jonathan) (Filed on 6/19/2020) [Transferred from cand on 9/30/2021.] |
| Filing 69 Declaration of Minda Berbeco in Support of #56 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion to Transfer, or, in the Alternative, to Dismiss filed byCommunity In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Related document(s) #56 ) (Kalmuss-Katz, Jonathan) (Filed on 6/19/2020) [Transferred from cand on 9/30/2021.] |
| Filing 68 Declaration of Aaron Isherwood in Support of #56 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion to Transfer, or, in the Alternative, to Dismiss filed byCommunity In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Related document(s) #56 ) (Kalmuss-Katz, Jonathan) (Filed on 6/19/2020) [Transferred from cand on 9/30/2021.] |
| Filing 67 Declaration of Karla Land in Support of #56 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion to Transfer, or, in the Alternative, to Dismiss filed byCommunity In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Related document(s) #56 ) (Kalmuss-Katz, Jonathan) (Filed on 6/19/2020) [Transferred from cand on 9/30/2021.] |
| Filing 66 Declaration of Glen Hooks in Support of #56 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion to Transfer, or, in the Alternative, to Dismiss filed byCommunity In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Attachments: #1 Exhibit A)(Related document(s) #56 ) (Kalmuss-Katz, Jonathan) (Filed on 6/19/2020) [Transferred from cand on 9/30/2021.] |
| Filing 65 Declaration of Elizabeth Ahearn in Support of #56 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion to Transfer, or, in the Alternative, to Dismiss filed byCommunity In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Related document(s) #56 ) (Kalmuss-Katz, Jonathan) (Filed on 6/19/2020) [Transferred from cand on 9/30/2021.] |
| Filing 64 Declaration of Mamie Cosey in Support of #56 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion to Transfer, or, in the Alternative, to Dismiss filed byCommunity In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Related document(s) #56 ) (Kalmuss-Katz, Jonathan) (Filed on 6/19/2020) [Transferred from cand on 9/30/2021.] |
| Filing 63 Declaration of Rev. Michael Atty in Support of #56 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion to Transfer, or, in the Alternative, to Dismiss filed byCommunity In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Related document(s) #56 ) (Kalmuss-Katz, Jonathan) (Filed on 6/19/2020) [Transferred from cand on 9/30/2021.] |
| Filing 62 Declaration of Hilton Kelley in Support of #56 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion to Transfer, or, in the Alternative, to Dismiss filed byCommunity In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Related document(s) #56 ) (Kalmuss-Katz, Jonathan) (Filed on 6/19/2020) [Transferred from cand on 9/30/2021.] |
| Filing 61 Declaration of Sandra Estell in Support of #56 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion to Transfer, or, in the Alternative, to Dismiss filed byCommunity In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Related document(s) #56 ) (Kalmuss-Katz, Jonathan) (Filed on 6/19/2020) [Transferred from cand on 9/30/2021.] |
| Filing 60 Declaration of Alonzo Spencer in Support of #56 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion to Transfer, or, in the Alternative, to Dismiss filed byCommunity In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #56 ) (Kalmuss-Katz, Jonathan) (Filed on 6/19/2020) [Transferred from cand on 9/30/2021.] |
| Filing 59 Declaration of William S. Rickman, P.E. in Support of #56 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion to Transfer, or, in the Alternative, to Dismiss filed byCommunity In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Attachments: #1 Exhibit A)(Related document(s) #56 ) (Kalmuss-Katz, Jonathan) (Filed on 6/19/2020) [Transferred from cand on 9/30/2021.] |
| Filing 58 Declaration of Philippe Grandjean, MD in Support of #56 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion to Transfer, or, in the Alternative, to Dismiss filed byCommunity In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Attachments: #1 Exhibit A)(Related document(s) #56 ) (Kalmuss-Katz, Jonathan) (Filed on 6/19/2020) [Transferred from cand on 9/30/2021.] |
| Filing 57 Declaration of Jonathan Kalmuss-Katz in Support of #56 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion to Transfer, or, in the Alternative, to Dismiss filed byCommunity In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (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)(Related document(s) #56 ) (Kalmuss-Katz, Jonathan) (Filed on 6/19/2020) [Transferred from cand on 9/30/2021.] |
| Filing 56 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion to Transfer, or, in the Alternative, to Dismiss filed by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. Motion Hearing set for 9/9/2020 02:00 PM in Oakland, Chambers before Judge Saundra Brown Armstrong. Responses due by 7/17/2020. Replies due by 8/3/2020. (Kalmuss-Katz, Jonathan) (Filed on 6/19/2020) Modified on 6/22/2020 (ajsS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
| Filing 55 Notice of Lodging of Administrative Record (Corrected) - Index and Certification by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams (Attachments: #1 Exhibit Exhibit 2 - Index, #2 Exhibit Exhibit 3 - Certification)(Freeborne, Paul) (Filed on 6/18/2020) Modified on 6/19/2020 (ajsS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
| Filing 54 Notice of Lodging of Administrative Record (Corrected) - Part 3 of 3 by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams (Attachments: #1 Exhibit Exhibit 1 Part 3)(Freeborne, Paul) (Filed on 6/18/2020) Modified on 6/19/2020 (ajsS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
| Filing 53 Notice of Lodging of Administrative Record (Corrected) - Part 2 of 3 by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams (Attachments: #1 Exhibit Exhibit 1 Part 2)(Freeborne, Paul) (Filed on 6/18/2020) Modified on 6/19/2020 (ajsS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
| Filing 52 Notice of Lodging of Administrative Record (Corrected) - Part 1 of 3 by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams (Attachments: #1 Exhibit Exhibit 1 Part 1 of 3)(Freeborne, Paul) (Filed on 6/18/2020) Modified on 6/19/2020 (ajsS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
| #Electronic filing error Re: #46 , #47 , #48 , #49 , #50 , & #51 Notice (Other) filed by United States Department of Defense, Darrell K. Williams, Mark T. Esper, United States Defense Logistics Agency.No title Page. Please refer to Civil Local Rules 3-4 regarding first page requirement. This filing will not be processed by the clerks office. Please re-file in its entirety. (ajsS, COURT STAFF) (Filed on 6/17/2020) [Transferred from cand on 9/30/2021.] |
| Filing 51 NOTICE by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams (Attachments: #1 Exhibit Exhibit 1 Part 6, #2 Exhibit Index, #3 Exhibit Certifying Declaration)(Freeborne, Paul) (Filed on 6/16/2020) [Transferred from cand on 9/30/2021.] |
| Filing 50 NOTICE by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams Exhibit 1 Part 5 (Attachments: #1 Exhibit Exhibit 1 Part 5)(Freeborne, Paul) (Filed on 6/16/2020) [Transferred from cand on 9/30/2021.] |
| Filing 49 NOTICE by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams Exhibit 1 Part 4 (Attachments: #1 Exhibit Exhibit 1 Part 4)(Freeborne, Paul) (Filed on 6/16/2020) [Transferred from cand on 9/30/2021.] |
| Filing 48 NOTICE by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams Exhibit 1 Part 3 (Attachments: #1 Exhibit Exhibit 1 Part 3)(Freeborne, Paul) (Filed on 6/16/2020) [Transferred from cand on 9/30/2021.] |
| Filing 47 NOTICE by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams Exhibit 1 Part 2 (Attachments: #1 Exhibit Exhibit 1 Part 2)(Freeborne, Paul) (Filed on 6/16/2020) [Transferred from cand on 9/30/2021.] |
| Filing 46 NOTICE by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams (Attachments: #1 Exhibit Exhibit 1 Part 1)(Freeborne, Paul) (Filed on 6/16/2020) [Transferred from cand on 9/30/2021.] |
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Filing 45
ORDER AS MODIFIED BY THE COURT GRANTING STIPULATION FOR ENLARGEMENT OF TIME AND PAGE LIMITS signed by Judge Saundra Brown Armstrong on 6/10/2020. #40 Motion Response due by 6/19/2020. Reply due by 7/17/2020. Hearing set for 9/9/2020 02:00 PM before Judge Saundra Brown Armstrong. (amgS, COURT STAFF) (Filed on 6/10/2020) [Transferred from cand on 9/30/2021.]
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| Filing 44 Letter from Jonathan Kalmuss-Katz Counsel for Plaintiffs Save Our County et al filed by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East, Darrell K. Williams, United States Department of Defense, United Stats Defense Logistics Agency, Tradebe Treatment and Recycling, LLC, Heritage Environmental Service, LLC, and Mark T. Esper. (Attachments: #1 Stipulation and Proposed Order for Enlargement of Time and Page Limits)(Kalmuss-Katz, Jonathan) (Filed on 6/10/2020) Modified on 6/11/2020 (ajsS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
| Filing 43 Minute Entry for proceedings held before Judge Saundra Brown Armstrong: Telephonic Initial Case Management Conference held on 6/4/2020.Total Time in Court: 30 minutes. Court Reporter: Not Reported. Plaintiff Attorney: Jonathan Kalmuss-Katz, Sophia Jayanty & Suzanne Novak. Defendant Attorney: Taylor Ferrell, Paul Freeborne & Buck Endemann. (amgS, COURT STAFF) (Date Filed: 6/9/2020) [Transferred from cand on 9/30/2021.] |
| Filing 42 Joint ADMINISTRATIVE MOTION Enlargement of Time & Page Limits filed by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East, Darrell K. Williams, United States Department of Defense, United States Defense Logistics Agency, Tradebe Treatment and Recycling, LLC, Heritage Environmental Service, LLC, and Mark T. Esper. Responses due by 6/2/2020. (Attachments: #1 Stipulation and roposed Order for Enlargement of Time and Page Limits)(Kalmuss-Katz, Jonathan) (Filed on 5/29/2020) Modified on 6/1/2020 (ajsS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
| Filing 41 JOINT CASE MANAGEMENT STATEMENT filed by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East, Darrell K. Williams, United States Department of Defense, United States Defense Logistics Agency, Tradebe Treatment and Recycling, LLC, Heritage Environmental Service, LLC and Mark T. Esper. (Kalmuss-Katz, Jonathan) (Filed on 5/28/2020) Modified on 5/29/2020 (ajsS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
| Filing 40 First MOTION to Transfer Case CORRECTION OF DOCKET #36 & [36-1] filed by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams. Motion Hearing set for 8/12/2020 02:00 PM in Oakland, Chambers before Judge Saundra Brown Armstrong. Responses due by 6/12/2020. Replies due by 7/10/2020. (Attachments: #1 Proposed Order)(Freeborne, Paul) (Filed on 5/18/2020) [Transferred from cand on 9/30/2021.] |
| #Electronic filing error Re: #36 MOTION to Transfer Case or, In the Alternative, Motion to Dismiss filed by United States Department of Defense, Darrell K. Williams, Ma rk T. Esper, United States Defense Logistics Agency. Case number or initials are incorrect. Counsel need not re-file the document, but should reference the case number name/initials on all future filings: 4:20-cv-01267-SBA (ajsS, COURT STAFF) (Filed on 5/18/2020) [Transferred from cand on 9/30/2021.] |
| Filing 39 Joinder re #36 MOTION to Transfer Case or, In the Alternative, Motion to Dismiss by Tradebe Treatment and Recycling, LLC. (Hartman, Barry) (Filed on 5/15/2020) [Transferred from cand on 9/30/2021.] |
| Filing 38 Joinder re #36 MOTION to Transfer Case or, In the Alternative, Motion to Dismiss by Heritage Environmental Service, LLC. (Hartman, Barry) (Filed on 5/15/2020) [Transferred from cand on 9/30/2021.] |
| Filing 37 NOTICE by Heritage Environmental Service, LLC re #36 MOTION to Transfer Case or, In the Alternative, Motion to Dismiss of Joinder and Joinder in Federal Defendants' MOTION to Transfer Case or, In the Alternative, Motion to Dismiss (Hartman, Barry) (Filed on 5/15/2020) [Transferred from cand on 9/30/2021.] |
| Filing 36 MOTION to Transfer Case or, In the Alternative, Motion to Dismiss filed by Mark T. Esper, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams. Motion Hearing set for 8/12/2020 02:00 PM in Oakland, Chambers before Judge Saundra Brown Armstrong. Responses due by 6/12/2020. Replies due by 7/10/2020. (Attachments: #1 Proposed Order)(Freeborne, Paul) (Filed on 5/15/2020) [Transferred from cand on 9/30/2021.] |
| Filing 35 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options of Tradebe Treatment and Recycling, LLC (Hartman, Barry) (Filed on 5/11/2020) [Transferred from cand on 9/30/2021.] |
| Filing 34 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options of Heritage Environmental Services, LLC (Hartman, Barry) (Filed on 5/11/2020) [Transferred from cand on 9/30/2021.] |
| Filing 33 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Ferrell, Taylor) (Filed on 5/11/2020) [Transferred from cand on 9/30/2021.] |
| Filing 32 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kalmuss-Katz, Jonathan) (Filed on 5/11/2020) [Transferred from cand on 9/30/2021.] |
| Filing 31 STIPULATION Extending Defendants' Time to Respond to Complaint filed by United States Defense Logistics Agency., Tradebe Treatment and Recycling , LLC and Heritage Environmental Service, LLC.(Ferrell, Taylor) (Filed on 5/1/2020) Modified on 5/4/2020 (ajsS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
| Filing 30 NOTICE of Appearance for the Federal Defendants by Paul Gerald Freeborne (Freeborne, Paul) (Filed on 4/29/2020) Modified on 4/30/2020 (ajsS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
| Filing 29 CLERK'S NOTICE UPDATING TELEPHONIC INITIAL CASE MANAGEMENT CONFERENCE INSTRUCTIONS. Notice is hereby given that Counsel shall join the conference line (888) 684-8852 promptly at the date and time specified. The access code to join the conference is 7281326. Please be advised that conferences in other cases may precede and/or follow the conference scheduled in this case. When connecting, you may hear music and/or another conference; please be patient and wait for your case to be called before making an appearance. When your case management conference concludes, please exit without delay to clear the line for other proceedings. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amgS, COURT STAFF) (Filed on 4/20/2020) [Transferred from cand on 9/30/2021.] |
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Filing 28
ORDER by Judge Saundra Brown Armstrong granting #27 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. (amgS, COURT STAFF) (Filed on 3/26/2020) [Transferred from cand on 9/30/2021.]
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| Filing 27 First MOTION for leave to appear in Pro Hac Vice of Barry M. Hartman ( Filing fee $ 310, receipt number 0971-14316443.) filed by Heritage Environmental Service, LLC, Tradebe Treatment and Recycling, LLC. (Attachments: #1 Certificate/Proof of Service Certificate of Good Standing)(Hartman, Barry) (Filed on 3/26/2020) [Transferred from cand on 9/30/2021.] |
| Filing 26 Certificate of Interested Entities by Tradebe Treatment and Recycling, LLC identifying Corporate Parent Tradebe Environmental Services, LLC for Tradebe Treatment and Recycling, LLC. (Endemann, Buck) (Filed on 3/24/2020) [Transferred from cand on 9/30/2021.] |
| Filing 25 Certificate of Interested Entities by Heritage Environmental Service, LLC identifying Corporate Parent Heritage Environmental Services, Inc. for Heritage Environmental Service, LLC. (Endemann, Buck) (Filed on 3/24/2020) [Transferred from cand on 9/30/2021.] |
| Filing 24 NOTICE of Appearance by Buck Britton Endemann (Endemann, Buck) (Filed on 3/24/2020) [Transferred from cand on 9/30/2021.] |
| Filing 23 CERTIFICATE OF SERVICE by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East (Kalmuss-Katz, Jonathan) (Filed on 3/18/2020) [Transferred from cand on 9/30/2021.] |
| Filing 22 CERTIFICATE OF SERVICE by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East (Kalmuss-Katz, Jonathan) (Filed on 3/11/2020) [Transferred from cand on 9/30/2021.] |
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Filing 21
CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE Joint Case Management Statement due by 5/28/2020. Initial Case Management Conference set for 6/4/2020 02:30 PM in Oakland, Chambers. Signed by Judge Saundra Brown Armstrong on 3/9/2020. (amgS, COURT STAFF) (Filed on 3/9/2020) (attachment(s): #1 Standing Order) (amgS, COURT STAFF). [Transferred from cand on 9/30/2021.]
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Filing 20
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Saundra Brown Armstrong for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case.. Signed by The Clerk on 3/6/20. (haS, COURT STAFF) (Filed on 3/6/2020) [Transferred from cand on 9/30/2021.]
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| Filing 19 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 3/5/2020) [Transferred from cand on 9/30/2021.] |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East.. (Kalmuss-Katz, Jonathan) (Filed on 3/5/2020) [Transferred from cand on 9/30/2021.] |
| Filing 17 NOTICE of Appearance by Taylor Ferrell for Federal Defendants (Ferrell, Taylor) (Filed on 3/4/2020) [Transferred from cand on 9/30/2021.] |
| Filing 16 Summons Issued as to Mark T. Esper, Heritage Environmental Service, LLC, Tradebe Treatment and Recycling, LLC, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams. (gbaS, COURT STAFF) (Filed on 2/24/2020)[Transferred from cand on 9/30/2021.] |
| Filing 15 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/25/2020. Initial Case Management Conference set for 6/1/2020 01:30 PM in San Francisco, Courtroom C, 15th Floor. (gbaS, COURT STAFF) (Filed on 2/24/2020) [Transferred from cand on 9/30/2021.] |
| Filing 14 NOTICE of Appearance by Sophia Bernadette Jayanty (Jayanty, Sophia) (Filed on 2/20/2020) [Transferred from cand on 9/30/2021.] |
| Filing 13 NOTICE of Appearance by Suzanne Novak (Novak, Suzanne) (Filed on 2/20/2020) [Transferred from cand on 9/30/2021.] |
| Filing 12 NOTICE of Appearance by Jonathan Kalmuss-Katz (Kalmuss-Katz, Jonathan) (Filed on 2/20/2020) [Transferred from cand on 9/30/2021.] |
| Filing 11 NOTICE of Appearance by Gregory C. Loarie (Loarie, Gregory) (Filed on 2/20/2020) [Transferred from cand on 9/30/2021.] |
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Filing 10
ORDER by Magistrate Judge Sallie Kim granting #6 Motion for Pro Hac Vice as to Sophia B. Jayanty. (mklS, COURT STAFF) (Filed on 2/20/2020) [Transferred from cand on 9/30/2021.]
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Filing 9
ORDER by Magistrate Judge Sallie Kim granting #5 Motion for Pro Hac Vice as to Suzanne Novak. (mklS, COURT STAFF) (Filed on 2/20/2020) [Transferred from cand on 9/30/2021.]
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Filing 8
ORDER by Magistrate Judge Sallie Kim granting #4 Motion for Pro Hac Vice as to Jonathan Kalmuss-Katz. (mklS, COURT STAFF) (Filed on 2/20/2020) [Transferred from cand on 9/30/2021.]
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| Filing 7 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/5/2020. (mbcS, COURT STAFF) (Filed on 2/20/2020) [Transferred from cand on 9/30/2021.] |
| Filing 6 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14197534.) filed by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Jayanty, Sophia) (Filed on 2/20/2020) [Transferred from cand on 9/30/2021.] |
| Filing 5 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14197524.) filed by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Novak, Suzanne) (Filed on 2/20/2020) [Transferred from cand on 9/30/2021.] |
| Filing 4 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14197516.) filed by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East. (Kalmuss-Katz, Jonathan) (Filed on 2/20/2020) [Transferred from cand on 9/30/2021.] |
| Filing 3 Certificate of Interested Entities by Community In-Power and Development Association Inc., Save Our County, Sierra Club, United Congregations of Metro East (Loarie, Gregory) (Filed on 2/20/2020) [Transferred from cand on 9/30/2021.] |
| Filing 2 Proposed Summons. (Loarie, Gregory) (Filed on 2/20/2020) [Transferred from cand on 9/30/2021.] |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against Mark T. Esper, Heritage Environmental Service, LLC, Tradebe Treatment and Recycling, LLC, United States Defense Logistics Agency, United States Department of Defense, Darrell K. Williams (Filing fee $ 400.00, receipt number 0971-14197430.). Filed by United Congregations of Metro East, Community In-Power and Development Association Inc., Save Our County, Sierra Club. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Loarie, Gregory) (Filed on 2/20/2020) Modified on 2/24/2020 (gbaS, COURT STAFF). [Transferred from cand on 9/30/2021.] |
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