Mayes-Tyler v. GEICO General Insurance Company
Plaintiff: Melonie M Mayes-Tyler
Defendant: GEICO General Insurance Company
Case Number: 5:2018cv00681
Filed: July 16, 2018
Court: US District Court for the Western District of Oklahoma
Office: Oklahoma City Office
County: Tulsa
Presiding Judge: Timothy D DeGiusti
Referring Judge: Patrick R Wyrick
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Insurance Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 4, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 4, 2020 Opinion or Order Filing 88 NOTICE of Change of Address by Joseph F Bufogle (Bufogle, Joseph)
January 30, 2020 Opinion or Order Filing 87 Costs Taxed in amount of $2,454.07 against Melonie M. Mayes-Tyler. (ank)
January 29, 2020 Opinion or Order Filing 86 NOTICE of Change of Address by Gerard F Pignato (Pignato, Gerard)
January 8, 2020 Opinion or Order Filing 85 NOTICE OF BILL OF COSTS HEARING CONTINUED: Bill of Costs Hearing continued until 1/30/2020 10:00 AM in Court Clerk's Office. (ank)
December 4, 2019 Opinion or Order Filing 84 RESPONSE to Motion re #82 MOTION for Costs Defendant's Brief in Support of Bill of Costs filed by Melonie M Mayes-Tyler. (Travis, Rex)
November 25, 2019 Opinion or Order Filing 83 NOTICE OF BILL OF COSTS HEARING: Bill of Costs Hearing set for 1/9/2020 09:00 AM in Court Clerk's Office. (ks)
November 22, 2019 Opinion or Order Filing 82 MOTION for Costs Defendant's Brief in Support of Bill of Costs by GEICO General Insurance Company. (Kane, Matthew)
November 22, 2019 Opinion or Order Filing 81 BILL OF COSTS by GEICO General Insurance Company. (Attachments: #1 Exhibit 1 - Affidavit, #2 Exhibit 2 - Filing Fee, #3 Exhibit 3 - Depo Receipts, #4 Exhibit 4 - Copying, #5 Exhibit 5 - TR Legal)(Kane, Matthew)
November 8, 2019 Opinion or Order Filing 80 JUDGMENT - In accordance with the Court's November 6, 2019 ruling on Defendant's motion for judgment as a matter of law and the jury verdict of the same date, judgment is hereby entered in favor of Defendant GEICO General Insurance Company and against Plaintiff Melonie M. Mayes-Tyler. Signed by Honorable Patrick R Wyrick on 11/8/2019. (ks)
November 6, 2019 Opinion or Order Filing 79 JURY VERDICT. (ks)
November 6, 2019 Opinion or Order Filing 78 Jury Notes. (ks)
November 6, 2019 Opinion or Order Filing 77 Jury Instructions. (ks)
November 6, 2019 Opinion or Order Filing 76 Minute Entry for proceedings held before Honorable Patrick R Wyrick: Jury Trial completed on 11/6/2019. (Court Reporter Tracy Thompson) (ks)
November 6, 2019 Opinion or Order Filing 75 ORDER Approving Final Pretrial Report #60 filed October 17, 2019. Signed by Honorable Patrick R Wyrick on 11/6/2019. (ks)
November 5, 2019 Opinion or Order Filing 74 Minute Entry for proceedings held before Honorable Patrick R Wyrick: Jury Selection and Trial begun on 11/5/2019. Jury empaneled. Opening Statements. Court adjourns to Wednesday, November 6th at 9:00 a.m. (Court Reporter Tracy Thompson) (ks)
November 5, 2019 Opinion or Order Filing 73 TRIAL BRIEF Defendant's Trial Brief (Including Arguments and Authority Pertinent to Anticipated Rule 50 Motion) by Defendant GEICO General Insurance Company. (Attachments: #1 Exhibit 1 - Belber v Lipson, #2 Exhibit 2 - Transcript, #3 Exhibit 3 - Tax Pg, #4 Exhibit 4 - Liens)(Pignato, Gerard)
November 5, 2019 Opinion or Order Filing 72 RESPONSE to Defendant's Motion to Exclude Evidence as to Plaintiff's Medical Records filed by Melonie M Mayes-Tyler. (Attachments: #1 Exhibit A-Dr. Nossaman's Deposition transcript)(Travis, Rex)
November 5, 2019 Opinion or Order Filing 71 RESPONSE to Defendant's Motion to Exclude Evidence (As to GEICO'S Claim File) filed by Melonie M Mayes-Tyler. (Travis, Rex)
November 4, 2019 Opinion or Order Filing 70 Minute Entry for proceedings held before Honorable Patrick R Wyrick: Final Pretrial Conference held on 11/4/2019. The Court and counsel meet and the Court makes rulings on outstanding pretrial matters. (ks)
November 4, 2019 Opinion or Order Filing 69 ENTER ORDER - The jury selection set for Tuesday, November 5, 2019 at 9:30 a.m. is hereby moved to Tuesday, November 5, 2019 at 1:30 p.m., in Courtroom 503 before Honorable Patrick R Wyrick. Signed by Honorable Patrick R Wyrick on 11/4/2019. (ks)
November 4, 2019 Opinion or Order Set/Reset Scheduling Order Deadlines: Jury Trial set for 11/5/2019 03:00 PM in Courtroom 503 before Honorable Patrick R Wyrick. Jury Trial set for 11/6/2019 09:30 AM in Courtroom 503 before Honorable Patrick R Wyrick. Jury Trial set for 11/7/2019 09:30 AM in Courtroom 503 before Honorable Patrick R Wyrick. Jury Trial set for 11/8/2019 09:30 AM in Courtroom 503 before Honorable Patrick R Wyrick. (ks)
October 30, 2019 Opinion or Order Filing 68 RESPONSE to Motion re #55 MOTION in Limine No. 11 - Exclusion of Any Reference to UIM Policy Limits, Liability Policy Limits, GEICO's Evaluation and Settlement of Plaintiff's Bodily Injury Claim, GEICO's Evaluation of Plaintiff's UIM Claim, and/or Allega, #54 MOTION in Limine No. 10 - Inadmissibility of any Reference to Punishing the Defendant and/or Punitive Damages Arguments in the First Stage of Trial, #51 MOTION in Limine No. 1 - Inadmissibility of Evidence and Testimony Re Oklahoma's Unfair Claims Settlement Practices Act, #52 MOTION in Limine Nos. 2 through 8, #53 MOTION in Limine No. 9 - Inadmissibility of Evidence of Other Claims or Lawsuits Against GEICO filed by Melonie M Mayes-Tyler. (Travis, Rex)
October 30, 2019 Opinion or Order Filing 67 ORDER granting #66 the plaintiff's application to move pretrial conference date and re-setting the final pretrial conference for Monday, November 4, 2019 at 1:00 p.m., in the chambers before Honorable Patrick R Wyrick. Signed by Honorable Patrick R Wyrick on 10/30/2019. (ks)
October 29, 2019 Opinion or Order Filing 66 FIRST MOTION for Pretrial Conference to be reset by Melonie M Mayes-Tyler. (Travis, Rex)
October 28, 2019 Opinion or Order Filing 65 ENTER ORDER - The Court sets the pretrial conference in this matter for Friday, November 1, 2019 at 10:30 a.m. (in chambers) and jury selection for Tuesday, November 5, 2019 at 9:30 a.m. with the trial to commence immediately following jury selection, before Judge Patrick R. Wyrick in Courtroom No. 503 (Final Pretrial Conference set for 11/1/2019 10:30 AM in Chambers before Honorable Patrick R Wyrick). Signed by Honorable Patrick R Wyrick on 10/28/2019. (ks) Modified on 10/28/2019 to correct pre-trial conference time (ks).
October 28, 2019 Opinion or Order Filing 64 ORDER denying #22 defendant GEICO General Insurance Company's Motion for Partial Summary Adjudication (as more fully set out). Signed by Honorable Patrick R Wyrick on 10/28/2019. (ks)
October 28, 2019 Opinion or Order Set/Reset Hearings: Corrected entry to reflect the Final Pretrial Conference set for 11/1/2019 10:30 AM in Chambers before Honorable Patrick R Wyrick. (ks)
October 25, 2019 Opinion or Order Filing 63 ORDER granting #62 plaintiff's unopposed application for extension of time to file responses (as more fully set out). Signed by Honorable Patrick R Wyrick on 10/25/2019. (ks)
October 24, 2019 Opinion or Order Filing 62 MOTION for Extension of Time to File Response/Reply to Defendant's Motions in Limine by Melonie M Mayes-Tyler. (Travis, Rex)
October 22, 2019 Opinion or Order Filing 61 RESPONSE to Motion re #48 FIRST MOTION in Limine GEICO's Objection to Plaintiff's Motion in Limine filed by GEICO General Insurance Company. (Pignato, Gerard)
October 22, 2019 Opinion or Order Set/Reset Hearings: Jury Trial set for 11/5/2019 09:00 AM in Courtroom 503 before Honorable Patrick R Wyrick. Jury Trial set for 11/6/2019 09:00 AM in Courtroom 503 before Honorable Patrick R Wyrick. Jury Trial set for 11/7/2019 09:00 AM in Courtroom 503 before Honorable Patrick R Wyrick. (ks)
October 17, 2019 Opinion or Order Filing 60 FINAL PRETRIAL REPORT. (Travis, Rex)
October 17, 2019 Opinion or Order Filing 59 Proposed Jury Instructions by Plaintiff Melonie M Mayes-Tyler. (Travis, Rex)
October 17, 2019 Opinion or Order Filing 58 Proposed Jury Instructions by Defendant GEICO General Insurance Company. (Pignato, Gerard)
October 17, 2019 Opinion or Order Filing 57 Proposed Voir Dire by Defendant GEICO General Insurance Company. (Pignato, Gerard)
October 17, 2019 Opinion or Order Filing 56 ENTRY of Appearance by Bruce A Robertson on behalf of GEICO General Insurance Company (Robertson, Bruce)
October 17, 2019 Opinion or Order Filing 55 MOTION in Limine No. 11 - Exclusion of Any Reference to UIM Policy Limits, Liability Policy Limits, GEICO's Evaluation and Settlement of Plaintiff's Bodily Injury Claim, GEICO's Evaluation of Plaintiff's UIM Claim, and/or Allegations of Bad Faith by GEICO General Insurance Company. (Pignato, Gerard)
October 17, 2019 Opinion or Order Filing 54 MOTION in Limine No. 10 - Inadmissibility of any Reference to Punishing the Defendant and/or Punitive Damages Arguments in the First Stage of Trial by GEICO General Insurance Company. (Pignato, Gerard)
October 17, 2019 Opinion or Order Filing 53 MOTION in Limine No. 9 - Inadmissibility of Evidence of Other Claims or Lawsuits Against GEICO by GEICO General Insurance Company. (Pignato, Gerard)
October 17, 2019 Opinion or Order Filing 52 MOTION in Limine Nos. 2 through 8 by GEICO General Insurance Company. (Pignato, Gerard)
October 17, 2019 Opinion or Order Filing 51 MOTION in Limine No. 1 - Inadmissibility of Evidence and Testimony Re Oklahoma's Unfair Claims Settlement Practices Act by GEICO General Insurance Company. (Pignato, Gerard)
October 16, 2019 Opinion or Order Filing 50 ENTRY of Appearance by Margaret E Travis on behalf of Melonie M Mayes-Tyler (Travis, Margaret)
October 16, 2019 Opinion or Order Filing 49 Proposed Voir Dire by Plaintiff Melonie M Mayes-Tyler. (Travis, Rex)
October 16, 2019 Opinion or Order Filing 48 FIRST MOTION in Limine by Melonie M Mayes-Tyler. (Travis, Rex)
October 16, 2019 Opinion or Order Filing 47 DESIGNATION OF DEPOSITION TESTIMONY by Melonie M Mayes-Tyler . (Travis, Margaret)
October 15, 2019 Opinion or Order Filing 46 ENTRY of Appearance by Matthew C Kane on behalf of GEICO General Insurance Company (Kane, Matthew)
October 15, 2019 Opinion or Order Filing 45 RESPONSE to Notice of GEICO's Trial Conflict filed by Melonie M Mayes-Tyler. (Travis, Margaret)
October 10, 2019 Opinion or Order Filing 44 NOTICE (other) by GEICO General Insurance Company Notice of the Defendant, GEICO, of Trial Conflict (Attachments: #1 Exhibit 1 - Notice of Trial Conflict in Sober v. Columbia)(Pignato, Gerard)
September 26, 2019 Opinion or Order Filing 43 ENTRY of Appearance by Joseph F Bufogle on behalf of Melonie M Mayes-Tyler (Bufogle, Joseph)
September 6, 2019 Opinion or Order Filing 42 NOVEMBER CIVIL TRIAL DOCKET: Docket Call set for 10/31/2019 02:00 PM in Courtroom 503 before Honorable Patrick R Wyrick. Jury Trial set for 11/5/2019 09:00 AM in Courtroom 503 before Honorable Patrick R Wyrick. (ks)
September 5, 2019 Opinion or Order Filing 41 Exhibit List / Witness List Defendant's Final List of Witnesses and Exhibits by Defendant GEICO General Insurance Company. (Pignato, Gerard)
August 29, 2019 Opinion or Order Filing 40 Expert Witness List by Plaintiff Melonie M Mayes-Tyler. (Travis, Rex)
August 29, 2019 Opinion or Order Filing 39 Exhibit List / Witness List by Plaintiff Melonie M Mayes-Tyler. (Travis, Rex)
August 28, 2019 Opinion or Order Filing 38 NOTICE to Take Deposition of Dr. Brent C. Nossaman by Melonie M Mayes-Tyler. (Travis, Rex)
August 26, 2019 Opinion or Order Filing 37 NOTICE to Take Deposition of Dr. Brent C. Nossaman by Melonie M Mayes-Tyler. (Travis, Rex)
August 2, 2019 Opinion or Order Filing 36 ORDER granting #34 Plaintiff's Motion to Withdraw as Counsel. Attorney Gregory W Milstead terminated. Signed by Honorable Patrick R Wyrick on 8/2/19. (kmt)
July 31, 2019 Opinion or Order Filing 35 NOTICE of Change of Address by Gerard F Pignato (Pignato, Gerard)
July 19, 2019 Opinion or Order Filing 34 MOTION to Withdraw as Attorney Greg Milstead by Melonie M Mayes-Tyler. (Milstead, Gregory)
July 2, 2019 Opinion or Order Filing 33 SCHEDULING ORDER: Jury Trial set on the November 2019 trial docket (11/5/2019 09:00 AM) in Courtroom 503 before Honorable Patrick R Wyrick. Pla expert witness list and expert reports due 9/1/2019; Dft expert witness list and expert reports due 9/11/2019; Pla witness list due 9/1/2019; Dft witness list due 9/11/2019; Pla exhibit list due 9/1/2019; Dft exhibit list due 9/11/2019; Motions in limine due 10/17/2019; Jury instructions due 10/17/2019; Voir dire requests due 10/17/2019; Trial briefs due 10/17/2019; Motions due by 9/1/2019. Pretrial Report due by 10/17/2019. Signed by Honorable Patrick R Wyrick on 7/2/2019. (ks)
June 20, 2019 Opinion or Order Filing 32 JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff Melonie M Mayes-Tyler. (Travis, Rex)
June 3, 2019 Opinion or Order Filing 31 JULY STATUS & SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 7/2/2019 10:10 AM in Chambers before Honorable Patrick R Wyrick. Status Report due by 6/25/2019. (ks)
May 8, 2019 Opinion or Order Filing 30 REPLY to Response to Motion re #22 MOTION for Partial Summary Judgment filed by GEICO General Insurance Company. (Attachments: #1 Exhibit 1-Affidavit of Herron)(Pignato, Gerard)
May 8, 2019 Opinion or Order Filing 29 ORDER granting #28 the joint motion to extend trial submission deadlines to be reset (as more fully set out). Signed by Honorable Patrick R Wyrick on 5/8/2019. (ks)
May 8, 2019 Opinion or Order Filing 28 JOINT MOTION for Extension of Time by Melonie M Mayes-Tyler. (Travis, Rex)
May 6, 2019 Opinion or Order Filing 27 RESPONSE to Motion re #22 MOTION for Partial Summary Judgment filed by Melonie M Mayes-Tyler. (Attachments: #1 Exhibit Letter to Melone from Geico, #2 Exhibit Order for service by other means, #3 Exhibit Petition, #4 Exhibit Answer, #5 Exhibit Dobule insured claim note, #6 Exhibit UIM exposure added, #7 Exhibit Medpay exposure added, #8 Exhibit transfer of medpay claim, #9 Exhibit 3636 letter, #10 Exhibit meeting with advisors)(Travis, Rex)
April 29, 2019 Opinion or Order Filing 26 ORDER granting #25 plaintiff's application to extend deadline to file response to #22 defendant's motion for partial summary judgment. Plaintiff shall file her response to Defendant's motion for partial summary adjudication on or before Monday, May 6, 2019. Signed by Honorable Patrick R Wyrick on 4/29/2019. (ks)
April 26, 2019 Opinion or Order Filing 25 MOTION for Extension of Time to File Response/Reply as to #22 MOTION for Partial Summary Judgment by Melonie M Mayes-Tyler. (Milstead, Gregory)
April 23, 2019 Opinion or Order **Hearings Terminated: May 2019 Trial Date terminated (see Order #15 filed 1/4/19). (ks)
April 22, 2019 Opinion or Order Filing 24 NOTICE to Take Deposition of Dr. Brent Nossaman by Melonie M Mayes-Tyler. (Milstead, Gregory)
April 19, 2019 Opinion or Order Filing 23 ORDER REASSIGNING CASE. Case reassigned to Honorable Patrick R Wyrick for all further proceedings. Honorable Timothy D. DeGiusti no longer assigned to case. Signed by Honorable Timothy D. DeGiusti on 4/19/2019. (mb)
April 8, 2019 Opinion or Order Filing 22 MOTION for Partial Summary Judgment by GEICO General Insurance Company. (Attachments: #1 Exhibit 1-Claim Notes, #2 Exhibit 2-Affidavit Grieco, #3 Exhibit 3-Burch Corresp, #4 Exhibit 4-Corresp med rec, #5 Exhibit 5-Corresp 11.12.15, #6 Exhibit 6-Corresp 2.11.16, #7 Exhibit 7-Melone Ltr, #8 Exhibit 8-Corresp 8.16 and 3.22 2017, #9 Exhibit 9-Herron Eval, #10 Exhibit 10-Grieco Eval, #11 Exhibit 11-Petition, #12 Exhibit 12-Pls Ans Roggs 3,4,5, #13 Exhibit 13-GEICO ltr to Travis)(Pignato, Gerard)
March 28, 2019 Opinion or Order Filing 21 Exhibit List / Witness List by Defendant GEICO General Insurance Company. (Pignato, Gerard)
March 25, 2019 Opinion or Order Filing 20 Exhibit List / Witness List by Plaintiff Melonie M Mayes-Tyler. (Milstead, Gregory)
March 11, 2019 Opinion or Order Filing 19 Expert Witness List by Plaintiff Melonie M Mayes-Tyler. (Milstead, Gregory)
March 4, 2019 Opinion or Order Filing 18 ORDER granting #17 Motion to Withdraw as Attorney. Attorney Dixie A Craven terminated. Signed by Honorable Timothy D. DeGiusti on 3/4/2019. (mb)
February 27, 2019 Opinion or Order Filing 17 MOTION to Withdraw as Attorney of Record by GEICO General Insurance Company. (Craven, Dixie)
January 11, 2019 Opinion or Order Filing 16 ENTRY of Appearance by Dixie A Craven on behalf of GEICO General Insurance Company (Craven, Dixie)
January 4, 2019 Opinion or Order Filing 15 ORDER granting #14 Unopposed Motion for Extension of Remaining Scheduling Order Deadlines. Signed by Honorable Timothy D. DeGiusti on 1/4/2019. (mb)
January 2, 2019 Opinion or Order Filing 14 MOTION for Extension of Time to extend scheduling order deadlines by Melonie M Mayes-Tyler. (Travis, Rex)
September 7, 2018 Opinion or Order Filing 13 SCHEDULING ORDER: Motions to join due 14 day; Motions to amend due 14 days; Pla expert witness list and expert reports due 1/10/2019; Dft expert witness list and expert reports due 1/24/2019; Pla witness list due 1/24/2019; Pla exhibit list due 1/24/2019; Motions in limine due 3/14/2019; Jury instructions due 3/14/2019; Voir dire requests due 3/14/2019; Discovery due by 3/8/2019. Jury Trial set for 5/14/2019 09:30 AM in Courtroom 503 before Honorable Timothy D. DeGiusti. Motions due by 2/8/2019. Pretrial Report due by 3/14/2019.. Signed by Honorable Timothy D. DeGiusti on 9/7/2018. (mb)
September 4, 2018 Filing 12 JOINT STATUS REPORT by Plaintiff Melonie M Mayes-Tyler. (Milstead, Gregory)
August 10, 2018 Filing 11 DOCKET: Scheduling Conference set for 9/7/2018 10:00 AM in Chambers before Honorable Timothy D. DeGiusti. Status Report due by 9/4/2018. (mb)
August 8, 2018 Filing 10 ANSWER to Complaint (Notice of Removal) , ANSWER to Complaint (Notice of Removal) by GEICO General Insurance Company.(Pignato, Gerard)
July 20, 2018 Filing 9 AMENDED NOTICE OF REMOVAL from District Court of Oklahoma County, case number CJ-2018-347 filed by GEICO General Insurance Company. (Attachments: #1 Exhibit 1 - State Court Docket Sheet, #2 Exhibit 2 - Petition, #3 Exhibit 3 - EOA-Rex Travis, #4 Exhibit 4 - EOA-Greg Milstead, #5 Exhibit 5 - Summons, #6 Exhibit 6 - NAIC Company Demographics, #7 Exhibit 7 - Dec Page, #8 Civil Cover Sheet)(ml)
July 19, 2018 Filing 8 ENTRY of Appearance by Gregory W Milstead on behalf of Melonie M Mayes-Tyler (Milstead, Gregory)
July 19, 2018 Filing 7 ENTRY of Appearance by Rex K Travis on behalf of Melonie M Mayes-Tyler (Travis, Rex)
July 18, 2018 Opinion or Order Filing 6 ORDER granting #3 Defendant's Motion to Amend Notice of Removal. Amended Notice of Removal due within 3 days. Signed by Honorable Timothy D. DeGiusti on 7/18/2018. (mb)
July 16, 2018 Filing 5 NOTICE OF FILING NOTICE OF REMOVAL by GEICO General Insurance Company re #1 Notice of Removal, Notice to Interested Parties (Pignato, Gerard)
July 16, 2018 Filing 4 DISCLOSURE STATEMENT - CORPORATE by GEICO General Insurance Company . (Pignato, Gerard)
July 16, 2018 Filing 3 MOTION to Amend/Correct #1 Notice of Removal, by GEICO General Insurance Company. (Attachments: #1 Exhibit 7 - Dec Page)(Pignato, Gerard)
July 16, 2018 Filing 2 ENTRY of Appearance by Gerard F Pignato on behalf of GEICO General Insurance Company (Pignato, Gerard)
July 16, 2018 Filing 1 NOTICE OF REMOVAL from District Court of Oklahoma County, case number CJ-2018-3472 filed by GEICO General Insurance Company. (Attachments: #1 Exhibit 1 - State Court Docket, #2 Exhibit 2 - Petition, #3 Exhibit 3 - EOA-Rex Travis, #4 Exhibit 4 - EOA-Greg Milstead, #5 Exhibit 5 - Summons, #6 Exhibit 6 - NAIC Company Demographics, #7 Civil Cover Sheet)(ml)
July 16, 2018 PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2737732. (Pignato, Gerard)

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Defendant: GEICO General Insurance Company
Represented By: Gerard F Pignato
Represented By: Bruce A. Robertson
Represented By: Dixie A Craven
Represented By: Matthew C Kane
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Plaintiff: Melonie M Mayes-Tyler
Represented By: Rex K Travis
Represented By: Gregory W Milstead
Represented By: Joseph F Bufogle, Sr
Represented By: Margaret E Travis
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