Tucker et al v. US Foods Inc et al
| Irina Tucker, C.J.L.E. LLC, A.B.I.T. LLC and Aaron Brett Tucker |
| USF Propco I LLC and US Foods Inc |
| 5:2018cv00239 |
| March 20, 2018 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| Oklahoma |
| Scott L Palk |
| Torts to Land |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on May 13, 2019. A more recent docket listing may be available from PACER.
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| Filing 81 ADMINISTRATIVE CLOSING ORDER: This action is administratively terminated without prejudice to the rights of the parties to reopen for entry of any stipulation or order. If not reopened within 30 days to obtain final determination, action is deemed dismissed with prejudice. Signed by Honorable Scott L. Palk on 5/13/2019. (md) |
Filing 80
ORDER re #73 MOTION to Strike #62 MOTION for Partial Summary Judgment filed by USF Propco I LLC, US Foods Inc. Plaintiffs are directed to respond to the Motion on orbefore May 17, 2019. Defendants may file a reply on or before May 22, 2019. Signed by Honorable Scott L. Palk on 5/10/2019. (md)
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| Filing 79 NOTICE of Conventional Filing by Scott A Butcher on behalf of US Foods Inc, USF Propco I LLC (Butcher, Scott) |
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Filing 78
ORDER granting #75 Motion for Leave to File Exhibit Conventionally. Signed by Honorable Scott L. Palk on 5/10/2019. (md)
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| Filing 77 RESPONSE to Motion re #60 MOTION for Partial Summary Judgment and Brief in Support filed by All Plaintiffs. (Attachments: #1 Exhibit 1-Geotechnical Engineering Report, #2 Exhibit 2-Ordinance, #3 Exhibit 3-Sept 2, 1999 Aerial Photo, #4 Exhibit 4-Photo from Tim Johnson Report, #5 Exhibit 5-Art Roman Email, #6 Exhibit 6-April 8, 2010 Aerial OK Photo, #7 Exhibit 7-Feb 8, 2013 Joseph Denfeld Email, #8 Exhibit 8-Dan Frigge Email)(Stonecipher, Mark) |
| Filing 76 RESPONSE to Motion re #59 MOTION to Exclude Plaintiffs' Damages Expert Darrell R. Harris filed by All Plaintiffs. (Attachments: #1 Exhibit 1-DR Harris Report, #2 Exhibit 2-DR Harris Affidavit)(Stonecipher, Mark) |
| Filing 75 MOTION for Leave to File Exhibit Conventionally by US Foods Inc, USF Propco I LLC. (Butcher, Scott) |
| Filing 74 RESPONSE in Opposition re #62 MOTION for Partial Summary Judgment filed by US Foods Inc, USF Propco I LLC. (Attachments: #1 Exhibit Tucker Production, #2 Exhibit Video, #3 Exhibit Tucker Depo Excerpts, #4 Exhibit Photos)(Keefe, Kiley) |
| Filing 73 MOTION to Strike #62 MOTION for Partial Summary Judgment by All Defendants. (Attachments: #1 Exhibit Tucker Discovery Responses)(Keefe, Kiley) |
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Filing 72
ORDER re #71 UNSUPPORTED MOTION for Leave to Amend Plaintiffs' Final Witness List filed by Irina Tucker, A.B.I.T. LLC, C.J.L.E. LLC, Aaron Brett Tucker. Defendant is directed to respond to the Motion on or before May 16, 2019. Plaintiffs may file a reply on or before May 21, 2019. Signed by Honorable Scott L. Palk on 5/9/2019. (md)
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| Filing 71 UNSUPPORTED MOTION for Leave to Amend Plaintiffs' Final Witness List by All Plaintiffs. (Attachments: #1 Exhibit A-Proposed Amended Final Witness List)(Stonecipher, Mark) |
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Filing 70
ORDER granting #69 Motion for Extension of Time to File Response/Reply re #62 MOTION for Partial Summary Judgment , #59 MOTION to Exclude Plaintiffs' Damages Expert Darrell R. Harris. Responses due by 5/9/2019. Signed by Honorable Scott L. Palk on 5/7/2019. (md)
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| Filing 69 UNOPPOSED MOTION for Extension of Time to File Response/Reply by All Plaintiffs. (Stonecipher, Mark) |
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Filing 68
ORDER granting #67 Motion for Extension of Time to File Response/Reply re #60 MOTION for Partial Summary Judgment Responses due by 5/9/2019. Signed by Honorable Scott L. Palk on 5/7/2019. (md)
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| Filing 67 MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Partial Summary Judgment by All Plaintiffs. (Stonecipher, Mark) |
| Filing 66 OBJECTIONS to Defendants' Exhibit List filed by All Plaintiffs. (Stonecipher, Mark) |
| Filing 65 Exhibit List Objections to Plaintiff's Exhibit list by Defendants US Foods Inc, USF Propco I LLC. (White, Craig) |
| Filing 64 NOTICE of Conventional Filing by Mark K Stonecipher on behalf of All Plaintiffs (Stonecipher, Mark) |
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Filing 63
ORDER granting #57 Motion for Leave to File Exhibits Conventionally. Signed by Honorable Scott L. Palk on 4/17/2019. (md)
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| Docket Annotation: Received conventional filing re:Brett Tuckers Affidavit Exhibits A, B, C, and D attached to Exhibit 1 in support of the Motion for Summary Judgment (rb) |
| Filing 62 MOTION for Partial Summary Judgment by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1 - Affidavit of Aaron Brett Tucker, #2 Exhibit Exhibit 2 - Google Satellite Image, April 2010, #3 Exhibit Exhibit 3 - Google Image of Property, #4 Exhibit Exhibit 4 - Ordinance No. 20,932 for PUD -623, #5 Exhibit Exhibit 5 - PUD Master Development Plan, #6 Exhibit Exhibit 6 - Picture of Property Prior to Construction, #7 Exhibit Exhibit 7 - Erosion & Sedimentation Control Site Plan, #8 Exhibit Exhibit 8 - Picture of US Foods Property, #9 Exhibit Exhibit 9 - Picture from Tim Johnson Report, #10 Exhibit Exhibit 10 - ESI Grading and Drainage Plan, #11 Exhibit Exhibit 11 - Tucker Depo, #12 Exhibit Exhibit 12 -Art Roman Email, #13 Exhibit Exhibit 13 - Existing Site Plan, #14 Exhibit Exhibit 14 - Preliminary Site Review, #15 Exhibit Exhibit 15 - 1-29-99 Johnson & Associates, Inc. Communications Record, #16 Exhibit Exhibit 16 - 2-1-99 Johnson & Associates, Inc. Communications Record, #17 Exhibit Exhibit 17 - Photos, July 20, 1999, #18 Exhibit Exhibit 18 - 8-5-99 ESI Letter, #19 Exhibit Exhibit 19 - 6-6-99 Fax from Bill Plastino, #20 Exhibit Exhibit 20 - 8-12-99 Fax from Johnson & Associates, #21 Exhibit Exhibit 21 - ESI Finish Grading Plan, As Built, #22 Exhibit Exhibit 22 - 12-22-99 Photos, #23 Exhibit Exhibit 23 - Topographical Survey, #24 Exhibit Exhibit 24 - Major Martin Email, #25 Exhibit Exhibit 25 - US Foods Late Fee Policy, #26 Exhibit Exhibit 26 - US Foods Gate Pass, #27 Exhibit Exhibit 27 - Overall Site Plan, #28 Exhibit Exhibit 28 - June 23, 1999 Proposed Revised Overall Site Plan)(Stonecipher, Mark) |
| Filing 61 MEMORANDUM in Support re #60 MOTION for Partial Summary Judgment filed by US Foods Inc, USF Propco I LLC. (Attachments: #1 Exhibit 1: Swain Report, #2 Exhibit 2: 5/19/00 Certificates of Occupancy, #3 Exhibit 3: December 2006 Building Permit, #4 Exhibit 4: 8/29/07 Certificate of Occupancy, #5 Exhibit 5: Johnson Report, #6 Exhibit 6: Harris Report)(Keefe, Kiley) |
| Filing 60 MOTION for Partial Summary Judgment by US Foods Inc, USF Propco I LLC. (Keefe, Kiley) |
| Filing 59 MOTION to Exclude Plaintiffs' Damages Expert Darrell R. Harris by US Foods Inc, USF Propco I LLC. (Attachments: #1 Exhibit 1: 3/7/19 Harris Report, #2 Exhibit 2: Aaron Brett Tucker Deposition)(McIlwee, John) |
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Filing 58
ORDER -- Following the March 28, 2019 Judicial Settlement conference, Judge Erwin and the parties have continued settlement discussions. By agreement, Judge Erwin and counsel will participate in a conference call on April 26, 2019 at 1:30pm. Mark Stonecipher will make arrangements for the call. (mc)
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| Filing 57 MOTION for Leave To File Exhibits Conventionally by All Plaintiffs. (Stonecipher, Mark) |
| Filing 56 Exhibit List by Plaintiffs A.B.I.T. LLC, C.J.L.E. LLC, Aaron Brett Tucker, Irina Tucker. (Stonecipher, Mark) |
| Filing 55 Exhibit List by Defendants US Foods Inc, USF Propco I LLC. (White, Craig) |
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Filing 54
ORDER granting #52 Motion for Extension of Deadline to Submit Exhibit Lists as more fully set forth herein. Signed by Honorable Scott L. Palk on 4/15/2019. (md)
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| Filing 53 CIVIL TRIAL DOCKET: Jury Trial set for 6/11/2019 09:30 AM in Courtroom 304 before Honorable Scott L. Palk. (md) |
| Filing 52 JOINT MOTION for Extension of Time of Deadlines to Submit Exhibit Lists, Dispositive Motions, and Daubert Motions by All Plaintiffs. (Stonecipher, Mark) |
| Filing 51 NOTICE of Subpoena by US Foods Inc, USF Propco I LLC (Attachments: #1 Exhibit Subpoena to Rob Sorum)(Butcher, Scott) |
| Filing 50 NOTICE of Subpoena by US Foods Inc, USF Propco I LLC (Attachments: #1 Exhibit Subpoena to Bank of America)(Butcher, Scott) |
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Filing 49
ORDER granting #48 Motion for Extension of Deadline to Submit Exhibit Lists. Signed by Honorable Scott L. Palk on 4/9/2019. (md)
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| Filing 48 JOINT MOTION for Extension of Time To Submit Exhibit Lists by All Plaintiffs. (Stonecipher, Mark) |
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Filing 47
ORDER granting #46 Motion for Extension of Time to File Final Exhibit Lists. The parties shall file their Final Exhibit Lists by April 8, 2019, with objections due 14 days thereafter. Signed by Honorable Scott L. Palk on 4/5/2019. (md)
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| Filing 46 JOINT MOTION for Extension of Time To Submit Exhibit Lists by Aaron Brett Tucker, Irina Tucker. (Stonecipher, Mark) |
| Filing 45 ENTRY of Appearance by John C McIlwee on behalf of All Defendants (McIlwee, John) |
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Filing 44
ORDER granting #43 Motion to Appear Pro Hac Vice. Signed by Honorable Scott L. Palk on 3/29/2019. (md)
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| Filing 43 MOTION for Leave to Appear Pro Hac Vice - John C. McIlwee Filing fee $ 50, receipt number 1087-2892479 by US Foods Inc, USF Propco I LLC. (Attachments: #1 Exhibit JCM Request for Admission Form)(Butcher, Scott) |
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Filing 42
ORDER - Settlement Conference held on 3/28/2019 before Magistrate Judge Shon T. Erwin: The case did not settle. However, the parties have been directed to continue settlement negotiations and report as directed no later than 5pm on April 3, 2019. See order as more fully set out. (mc)
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| Filing 41 Expert Witness List and Notice of Serving Expert Reports by Defendants US Foods Inc, USF Propco I LLC. (Keefe, Kiley) |
| Filing 40 Witness List by Defendants US Foods Inc, USF Propco I LLC. (Keefe, Kiley) |
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Filing 39
ORDER SETTING SETTLEMENT CONFERENCE -- Settlement Conference set for Thursday, March 28, 2019 10:00 AM in Chambers before Magistrate Judge Shon T. Erwin. Each party is required to submit a settlement conference statement, no later than NOON, Tuesday, March 26, 2019. See Order as more fully set out. Signed by Magistrate Judge Shon T. Erwin on 3/19/19. (mc)
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| Filing 38 Witness List Final by Plaintiffs A.B.I.T. LLC, C.J.L.E. LLC, Aaron Brett Tucker, Irina Tucker. (Stonecipher, Mark) |
| Filing 37 Expert Witness List and Notice of Serving Expert Reports by Plaintiffs A.B.I.T. LLC, C.J.L.E. LLC, Aaron Brett Tucker, Irina Tucker. (Stonecipher, Mark) |
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Filing 36
SCHEDULING ORDER granting #35 Unopposed Motion for Extension of Remaining Deadlines as more fully set forth herein. Signed by Honorable Scott L. Palk on 3/1/2019. (md)
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| Filing 35 UNOPPOSED MOTION for Extension of Time of Remaining Deadlines by All Plaintiffs. (Attachments: #1 Exhibit 01/23/19 Letter from Marcia D. Cole, #2 Exhibit 02/07/19 Email from Jennifer Hodges)(Stonecipher, Mark) |
| Set/Reset Scheduling Order Deadlines: Discovery due by 5/8/2019. Motions due by 4/8/2019. Jury Trial set for 6/11/2019 09:30 AM in Courtroom 304 before Honorable Scott L. Palk. Pretrial Report due by 5/17/2019. (md) |
| NOTICE from the Court #34 MOTION for Extension of Time to Serve Expert Reports STRICKEN due to Counsel's failure to comply with LCvR 7.1(h). (md) |
| Filing 34 STRICKEN MOTION for Extension of Time to Serve Expert Reports by All Plaintiffs. (Attachments: #1 Exhibit Pltf 1st Discovery Requests to D, #2 Exhibit US Foods Resp to 1st Discovery Requests, #3 Exhibit 12-07-18 Letter from Liz Litts, #4 Exhibit 12-20-18 Letter from Liz Litts, #5 Exhibit 01-04-19 Email from Liz Litts, #6 Exhibit 01-23-19 Letter from Marcia D. Cole, #7 Exhibit 02-07-19 Email from Jennifer Hodges)(Stonecipher, Mark) Pursuant to Notice from the Court on 2/28/2019 (md). |
| Filing 33 NOTICE of Subpoena by All Plaintiffs (Attachments: #1 Exhibit Subpoena to Securitas, #2 Exhibit Subpoena to US Security)(Stonecipher, Mark) |
| Filing 32 ENTRY of Appearance by Kiley C Keefe on behalf of All Defendants (Keefe, Kiley) |
| Filing 31 ENTRY of Appearance by Craig M White on behalf of All Defendants (White, Craig) |
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Filing 30
ORDER granting #28 Motion to Appear Pro Hac Vice ; granting #29 Motion to Appear Pro Hac Vice. Signed by Honorable Scott L. Palk on 1/24/2019. (md)
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| Filing 29 MOTION for Leave to Appear Pro Hac Vice of Kiley Keefe Filing fee $ 50, receipt number 1087-2851873 by US Foods Inc, USF Propco I LLC. (Attachments: #1 Exhibit Keefe PHV Form)(Butcher, Scott) |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice of Craig White Filing fee $ 50, receipt number 1087-2851867 by US Foods Inc, USF Propco I LLC. (Attachments: #1 Exhibit White PHV Form)(Butcher, Scott) |
| Filing 27 NOTICE of Subpoena by US Foods Inc, USF Propco I LLC (Attachments: #1 Exhibit Subpoena to Johnson)(Butcher, Scott) |
| Filing 26 NOTICE of Subpoena by US Foods Inc, USF Propco I LLC (Attachments: #1 Exhibit Subpoena to Stevens)(Butcher, Scott) |
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Filing 25
ORDER granting #24 Motion for Protective Order. Signed by Honorable Scott L. Palk on 12/28/2018. (md)
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| Filing 24 UNOPPOSED MOTION for Protective Order by All Defendants. (Attachments: #1 Exhibit Stipulated Protective Order Regarding Confidentiality)(Butcher, Scott) |
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Filing 23
SCHEDULING ORDER: Motions in limine due 5/10/2019; Jury instructions due 5/10/2019; Voir dire requests due 5/10/2019; Trial briefs due 5/10/2019; Discovery due by 5/1/2019. Jury Trial set for 6/11/2019 09:30 AM in Courtroom 502 before Honorable Scott L. Palk. Motions due by 4/1/2019. Pretrial Report due by 5/10/2019.. Signed by Honorable Scott L. Palk on 10/30/2018. (md)
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| Filing 22 JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiffs A.B.I.T. LLC, C.J.L.E. LLC, Aaron Brett Tucker, Irina Tucker. (Billings, A) |
| Filing 21 STATUS/SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 10/30/2018 09:15 AM in Chambers before Honorable Scott L. Palk. Status Report due by 10/23/2018. (md) |
| Filing 20 ANSWER to Complaint by All Defendants.(Butcher, Scott) |
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Filing 19
ORDER denying #16 Motion to Dismiss. Signed by Honorable Scott L. Palk on 8/14/2018. (md)
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| Filing 18 REPLY to Response to Motion re #16 MOTION to Dismiss and Brief in Support filed by US Foods Inc, USF Propco I LLC. (Butcher, Scott) |
| Filing 17 RESPONSE in Opposition re #16 MOTION to Dismiss and Brief in Support filed by All Plaintiffs. (Stonecipher, Mark) |
| Filing 16 MOTION to Dismiss and Brief in Support by US Foods Inc. (Butcher, Scott) |
| Filing 15 ENTRY of Appearance by Mark K Stonecipher on behalf of All Plaintiffs (Stonecipher, Mark) |
| Filing 14 ENTRY of Appearance by A Wayne Billings on behalf of All Plaintiffs (Billings, A) |
| Filing 13 DISCLOSURE STATEMENT - LLC by All Plaintiffs Identifying Constituents of LLC. (Stonecipher, Mark) |
| Filing 12 DISCLOSURE STATEMENT - LLC by USF Propco I LLC . (Walker, L) |
| Filing 11 DISCLOSURE STATEMENT - CORPORATE by US Foods Inc . (Walker, L) |
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Filing 10
ORDER granting #9 Motion to Withdraw as Attorney. Attorney Henry D Hoss and Elizabeth T Isaacs terminated. Signed by Honorable Scott L. Palk on 4/2/2018. (md)
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| Filing 9 MOTION to Withdraw as Attorney by All Defendants. (Hoss, Henry) |
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Filing 8
ORDER within seven days of the date of this Order, the parties, as noted herein, shall file their disclosure statements. Further, Plaintiffs counsel are directed to each file an Entry of Appearance in accordance with LCvR 83.4. Signed by Honorable Scott L. Palk on 3/30/2018. (md)
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Filing 7
ORDER granting #5 Motion for Extension of Time to Respond to First Amended Petition. Signed by Honorable Scott L. Palk on 3/28/2018. (md)
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| Filing 6 ENTRY of Appearance by L Mark Walker on behalf of All Defendants (Walker, L) |
| Filing 5 MOTION for Extension of Time to File Response/Reply by All Defendants. (Butcher, Scott) |
| Filing 4 ENTRY of Appearance by Scott A Butcher on behalf of All Defendants (Butcher, Scott) |
| Filing 3 ENTRY of Appearance by Elizabeth T Isaacs on behalf of US Foods Inc, USF Propco I LLC (Isaacs, Elizabeth) |
| Filing 2 ENTRY of Appearance by Henry D Hoss on behalf of US Foods Inc, USF Propco I LLC (Hoss, Henry) |
| PAYMENT FOR A CIVIL CASE Notice of Removal - CV-18-00239-SLP Filing fee $ 400, receipt number 1087-2666653. (Hoss, Henry) |
| Filing 1 NOTICE OF REMOVAL from Oklahoma County District Court, case number CJ-2917-7215 filed by USF Propco I LLC, US Foods Inc. (Attachments: #1 Exhibit 1 - Petition filed 12-21-2017, #2 Exhibit 2 - First Amd'd Petition filed 1-31-2018, #3 Exhibit 3 - Summons and Proof of Service - served 3-1-2018, #4 Exhibit 4 - OSCN Case Details - Docket Sheet as of 3-20-2018, #5 Exhibit 5 - Declaration of Ann Spitler dtd 3-20-2018, #6 Civil Cover Sheet)(ac) |
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