BLANDING v. WALMART, INC. et al
| ERIC BLANDING |
| WALMART INC doing business as WALMART MARKETPLACE doing business as WALMART.COM, UBesGoo, LTD, JOHN/JANE DOES 1-10 and ABC CORPORATION #1-10 |
| 2:2023cv05142 |
| December 29, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| GERALD J PAPPERT |
| P.I.: Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal- Product Liability |
| Both |
Docket Report
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| Filing 43 Case transferred in from District of New Jersey; Case Number 1:23-cv-03303. Original file certified copy of transfer order and docket sheet received. |
| ***Civil Case Terminated. (ssp, ) [Transferred from New Jersey on 1/2/2024.] |
Filing 42
Order transferring case to District of EASTERN DISTRICT OF PENNSYLVANIA. Signed by Chief Judge Renee Marie Bumb on 12/28/2023. (ssp, ) [Transferred from New Jersey on 1/2/2024.]
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| Filing 41 RESPONSE TO ORDER TO SHOW CAUSE by WALMART, INC.. (SCHRAGER, GWYNETH) [Transferred from New Jersey on 1/2/2024.] |
| Filing 40 Letter from Mitchell Lee Goldfield, Esq.. (GOLDFIELD, MITCHELL) [Transferred from New Jersey on 1/2/2024.] |
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Filing 39
ORDER Granting #29 Motion for Leave to Appear Pro Hac Vice as to Mengxue Xie, Esq. Signed by Magistrate Judge Elizabeth A. Pascal on 12/13/2023. (mag) [Transferred from New Jersey on 1/2/2024.]
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| Filing 37 Letter from Mitchell Lee Goldfield, Esq. re #28 Letter. (Attachments: #1 Exhibit Ext. A, #2 Exhibit Ext. B)(GOLDFIELD, MITCHELL) [Transferred from New Jersey on 1/2/2024.] |
| CLERK'S QUALITY CONTROL MESSAGE - The Response #36 filed by MITCHELL GOLDFIELD on 12/4/2023 was submitted incorrectly as a RESPONSE to Motion. PLEASE RESUBMIT THE response USING the event, *Letter*, and properly link to Defendant's #28 Letter. This submission will remain on the docket unless otherwise ordered by the court. (mag) [Transferred from New Jersey on 1/2/2024.] |
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Filing 38
ORDER TO SHOW CAUSE: The parties shall SHOW CAUSE no later than December 21, 2023, by written submission filed on the docket, why this matter should not be transferred pursuant to 28 U.S.C. 1404(a), 1406(a), and/or 1631 to an appropriate forum, such as the Eastern District of Pennsylvania. Signed by Chief Judge Renee Marie Bumb on 12/11/2023. (mag) [Transferred from New Jersey on 1/2/2024.]
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| Filing 36 RESPONSE to Motion filed by ERIC BLANDING re #29 First MOTION for Leave to Appear Pro Hac Vice Mengxue Xie (Attachments: #1 Exhibit Def. Website, #2 Exhibit Def. Service)(GOLDFIELD, MITCHELL) [Transferred from New Jersey on 1/2/2024.] |
| Filing 35 RESPONSE in Opposition filed by ERIC BLANDING re #27 MOTION to Dismiss Plaintiff's Second Amended Complaint for Failure to State a Claim Pursuant to Rule 12(B)(6) (GOLDFIELD, MITCHELL) [Transferred from New Jersey on 1/2/2024.] |
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Filing 34
LETTER ORDER granting #33 Plaintiff's request for an additional (10) days to respond to #27 Defendant's Motion to Dismiss and #28 Defendant's letter dated 11/10/2023. Signed by Chief Judge Renee Marie Bumb on 11/21/2023. (ssp, ) [Transferred from New Jersey on 1/2/2024.]
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| Filing 33 Letter from Mitchell Lee Goldfield, Esq.. (GOLDFIELD, MITCHELL) [Transferred from New Jersey on 1/2/2024.] |
| Filing 32 RESPONSE to Motion filed by ERIC BLANDING re #27 MOTION to Dismiss Plaintiff's Second Amended Complaint for Failure to State a Claim Pursuant to Rule 12(B)(6) Request for Additional Time to File Opposition (GOLDFIELD, MITCHELL) [Transferred from New Jersey on 1/2/2024.] |
| CLERK'S QUALITY CONTROL MESSAGE - The Letter #32 submitted by MITCHELL GOLDFIELD on 11/20/2023 was submitted incorrectly as a RESPONSE to Motion and contains an improper signature. Only Registered Users are permitted to sign electronically filed documents. PLEASE RESUBMIT THE DOCUMENT USING the correct event, *Letter*, and include A PROPER ELECTRONIC SIGNATURE, (s/ Attorney's Name). This submission will remain on the docket unless otherwise ordered by the court. (mag) [Transferred from New Jersey on 1/2/2024.] |
| Filing 31 Exhibit to #29 Motion for Leave to Appear Pro Hac Vice, QC - Incorrect Event Selected,, by UBESGOO, LTD. (LANDMAN, DAVID) [Transferred from New Jersey on 1/2/2024.] |
| Filing 30 MOTION for Leave to Appear Pro Hac Vice by UBESGOO, LTD. (LANDMAN, DAVID) [Transferred from New Jersey on 1/2/2024.] |
| CLERK'S QUALITY CONTROL MESSAGE - The Certification of Mengxue Xie filed by DAVID LANDMAN on 11/14/2023 was submitted incorrectly as a Motion. The motion event should ONLY be used when filing a formal motion. The Clerk's Office has terminated the Motion #30 . PLEASE RESUBMIT THE Certification ONLY USING the correct event, *Exhibit (to Document)*, and link to the previously filed Motion #29 . This submission will remain on the docket unless otherwise ordered by the court. (mag) [Transferred from New Jersey on 1/2/2024.] |
| Set Deadlines as to #27 MOTION to Dismiss Plaintiff's Second Amended Complaint for Failure to State a Claim Pursuant to Rule 12(B)(6). Motion set for 12/18/2023 before Chief Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mag) [Transferred from New Jersey on 1/2/2024.] |
| Set Deadlines as to #29 First MOTION for Leave to Appear Pro Hac Vice Mengxue Xie. Motion set for 12/18/2023 before Magistrate Judge Elizabeth A. Pascal. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mag) [Transferred from New Jersey on 1/2/2024.] |
| CLERK'S QUALITY CONTROL MESSAGE - The Certification of Mengxue Xie #29 submitted by DAVID A LANDMAN on 11/10/2023 contains an improper signature. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT ONLY, WITH A PROPERLY SCANNED SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (mag) [Transferred from New Jersey on 1/2/2024.] |
| Filing 29 First MOTION for Leave to Appear Pro Hac Vice Mengxue Xie by UBESGOO, LTD. (LANDMAN, DAVID) [Transferred from New Jersey on 1/2/2024.] |
| Filing 28 Letter from UBesGoo, Ltd.. (LANDMAN, DAVID) [Transferred from New Jersey on 1/2/2024.] |
| Filing 27 MOTION to Dismiss Plaintiff's Second Amended Complaint for Failure to State a Claim Pursuant to Rule 12(B)(6) by WALMART, INC.. Responses due by 11/24/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(SCHRAGER, GWYNETH) [Transferred from New Jersey on 1/2/2024.] |
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Filing 26
Order to Refund Fees (Finance notified). Signed by Melissa Connolly, Management Analyst on 11/03/2023. (mls) [Transferred from New Jersey on 1/2/2024.]
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| Filing 25 Application for Refund of Fees from Mitchell Lee Goldfield, Esq. (finance notified).. (GOLDFIELD, MITCHELL) [Transferred from New Jersey on 1/2/2024.] |
| CLERK'S QUALITY CONTROL MESSAGE - The Amended Complaint #24 filed by ERIC BLANDING on 10/27/2023 was submitted incorrectly as a Complaint. Please be advised, in the future, to use the event *Amended Complaint* found under the *Complaints and Other Initiating Documents* menu. This message is for informational purposes only. (tf, ) [Transferred from New Jersey on 1/2/2024.] |
| Filing 24 AMENDED COMPLAINT against WALMART, INC. ( Filing and Admin fee $ 402 receipt number ANJDC-14827978), filed by ERIC BLANDING. (Attachments: #1 Exhibit Exhibit A)(GOLDFIELD, MITCHELL) Text Modified on 11/1/2023 to reflect correct event (tf, ).[Transferred from New Jersey on 1/2/2024.] |
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Filing 23
TEXT ORDER This matter again comes before the Court upon another pre-motion letter submitted by Defendant Walmart, Inc. ("Walmart") regarding its proposed motion to dismiss. [Docket No. 17.] In its letter, Walmart argues that the Amended Complaint filed by Plaintiff Eric Blanding ("Plaintiff") pursuant to the Court's September 8, 2023, Text Order remains deficient for the same reasons as Plaintiff's initial Complaint. Specifically, Walmart contends that Plaintiff's failure to invoke the New Jersey Products Liability Act ("NJPLA"), N.J. Stat. Ann. Section 2A:58C-2, is fatal, as his various tort claims are subsumed by the PLA. [Id. at 1.] Walmart also argues that Plaintiff's Amended Complaint is defective because he does not specify the warranty Plaintiff believes Walmart expressed and breached. [Id. at 1-2.] Most notably, Walmart argues that Plaintiff's Amended Complaint continues to describe the consumer product at issue here without sufficient detail to enable Walmart to identify the product, referring simply to "a double drawer rolling kitchen cabinet storage cart with two stools" and failing to identify the alleged defect that resulted in Plaintiff's injuries. [Id. at 2 (citing Am. Compl. at 3); see also Walmart's Aug. 21, 2023 Ltr., at 3, Docket No. 9.] In response, Plaintiff asserts that Count VII of the Amended Complaint contains sufficient facts to reveal an NJPLA claim, and, referencing a screenshot of his purchase order and a photograph of a stool, he contends that he has adequately described the product at issue here. [Docket No. 22, at 1-2.] Finally, Plaintiff invokes a familiar retort to justify the sufficiency of his pleading - - that discovery will yield the information necessary to assuage Walmart's concerns. [Id. at 2.] While Plaintiff and Walmart corresponded, Defendant UBesGoo, Ltd. - - the alleged manufacturer of the product - - entered an appearance and sought an extension of time to respond to the Amended Complaint. [Docket Nos. 18, 19.] Per Judge Pascal's Order, its responsive pleading is now due by November 13, 2023. [Docket No. 21.] There is clearly a genuine controversy between the parties, but Plaintiff can - - and must - - do better. General reference to "notice pleading" is plainly insufficient. Under Federal Rule of Civil Procedure 8(a)(2), Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007), and Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009), Plaintiff's pleading must contain sufficient factual allegations to demonstrate that Plaintiff's right to relief is "plausible." That exe"cise involves, at a minimum, complying with the NJPLA, which operates as the "sole basis of relief under New Jersey law available to consumers injured by a defective product." Repola v. Morbark Indus., Inc., 934 F.2d 483, 492 (3d Cir. 1991). Thus, as this is a products liability case, the operative pleading must invoke and follow the requirements of the NJPLA. See, e.g., Hindermyer v. B. Braun Medical Inc., 419 F. Supp. 3d 809, 823-29 (D.N.J. 2019) (discussing the elements required to set forth NJPLA claims for products liability). This necessarily involves identifying, with specificity, the product's alleged defects. See id. Furthermore, the exhibits referenced in Plaintiff's October 17, 2023, letter must be attached to the operative complaint for the Court to consider them. See Schmidt v. Skolas, 770 F.3d 241, 249 (3d Cir. 2014) (explaining that a court, in resolving a motion to dismiss, may "generally consider only the allegations contained in the complaint, exhibits attached to the complaint[,] and matters of public record") (citing Pension Benefit Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3d Cir. 1993)). Accordingly, by no later than Friday, October, 27, 2023, Plaintiff shall file a second amended complaint remedying the foregoing deficiencies. While the Court strongly discourages unnecessary motion practice, should Plaintiff fail to come forward with additional factual allegations or remain deficient in his pleading practices, Walmart may forego additional pre-motion letters and proceed with its contemplated motion. So Ordered by Chief Judge Renee Marie Bumb on 10/20/2023. (Costigan, Roberta) [Transferred from New Jersey on 1/2/2024.]
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| Filing 22 RESPONSE. (Attachments: #1 Exhibit Exh. A Statement, #2 Exhibit Exh. B Photos)(GOLDFIELD, MITCHELL) [Transferred from New Jersey on 1/2/2024.] |
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Filing 21
ORDER Granting Defendant's #19 Motion for Extension of Time to Answer; Defendant's time to answer, plead, move, or otherwise respond to Plaintiff's complaint is extended to November 13, 2023. Signed by Magistrate Judge Elizabeth A. Pascal on 10/16/2023. (mag) [Transferred from New Jersey on 1/2/2024.]
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| Filing 20 Proposed Order for an Extension of Time to Move, Answer, or Otherwise Respond to Amended Complaint by UBESGOO, LTD re #19 First MOTION for Extension of Time to File Answer re #15 Amended Complaint UNOPPOSED MOTION OF DEFENDANT UBESGOO, LTD. FOR AN EXTENSION OF TIME TO MOVE, ANSWER, OR OTHERWISE RESPOND. (LANDMAN, DAVID) [Transferred from New Jersey on 1/2/2024.] |
| Filing 19 First MOTION for Extension of Time to File Answer re #15 Amended Complaint UNOPPOSED MOTION OF DEFENDANT UBESGOO, LTD. FOR AN EXTENSION OF TIME TO MOVE, ANSWER, OR OTHERWISE RESPOND by UBESGOO, LTD. (LANDMAN, DAVID) [Transferred from New Jersey on 1/2/2024.] |
| Filing 18 NOTICE of Appearance by DAVID A LANDMAN on behalf of UBESGOO, LTD (LANDMAN, DAVID) [Transferred from New Jersey on 1/2/2024.] |
| Set Deadlines as to #19 First MOTION for Extension of Time to File Answer re #15 Amended Complaint UNOPPOSED MOTION OF DEFENDANT UBESGOO, LTD. FOR AN EXTENSION OF TIME TO MOVE, ANSWER, OR OTHERWISE RESPOND. Motion set for 11/6/2023 before Magistrate Judge Elizabeth A. Pascal. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mag) [Transferred from New Jersey on 1/2/2024.] |
| Filing 17 Letter from Defendant, Walmart. (SCHRAGER, GWYNETH) [Transferred from New Jersey on 1/2/2024.] |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the Motion for Entry of Default #16 submitted by ERIC BLANDING on 10/5/2023 cannot be granted as requested because the time for Defendant UBESGOO, LTD to answer the Amended Complaint #15 has not yet expired. This submission will remain on the docket unless otherwise ordered by the Court. This message is for informational purposes only. (mag) [Transferred from New Jersey on 1/2/2024.] |
| Filing 16 MOTION for Entry of Default Against Defendant, UBesGoo, LTD by ERIC BLANDING. (Attachments: #1 Certification Attorney Certification, #2 Text of Proposed Order Order Entering Default, #3 Certificate of Service Proof of Mailing, #4 Exhibit Exhibit "A")(GOLDFIELD, MITCHELL) [Transferred from New Jersey on 1/2/2024.] |
| Filing 15 AMENDED COMPLAINT against WALMART, INC., filed by ERIC BLANDING.(GOLDFIELD, MITCHELL) [Transferred from New Jersey on 1/2/2024.] |
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Filing 14
LETTER ORDER Granting Plaintiff's #13 request for an extension of time to file Plaintiff's Amended Complaint; the deadline is extended 10 additional days from September 22, 2023 to October 2, 2023. Signed by Chief Judge Renee Marie Bumb on 9/19/2023. (mag) [Transferred from New Jersey on 1/2/2024.]
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| Filing 13 Letter from Law Offices of Mitchell Lee Goldfield. (GOLDFIELD, MITCHELL) [Transferred from New Jersey on 1/2/2024.] |
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Filing 12
TEXT ORDER This matter comes before the Court upon the pre-motion letter filed by Walmart regarding its proposed motion. [Docket No. 9.] Having read the submissions of the parties, including Plaintiff's response [Docket No. 11], the Court does not believe that a pre-motion conference would be productive at this time. Rather, pursuant to Federal Rule of Civil Procedure 15(a)(2), Plaintiff shall have fourteen (14) days to file an amended complaint attempting to remedy the deficiencies identified in Walmart's letter. Therefore, Defendant shall not file its proposed motion at this time. So Ordered by Chief Judge Renee Marie Bumb on 09/08/2023. (Costigan, Roberta) [Transferred from New Jersey on 1/2/2024.]
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| Filing 11 Letter. (Attachments: #1 Exhibit Exh. A Pics, #2 Exhibit Exh. B Statement)(GOLDFIELD, MITCHELL) [Transferred from New Jersey on 1/2/2024.] |
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Filing 10
TEXT ORDER This matter comes before the Court upon the pre-motion letter filed by Defendant Walmart, Inc. ("Walmart") on August 21, 2023. [Docket No. 9.] Plaintiff Eric Blanding ("Plaintiff") has failed to address Walmart's letter within seven (7) days as required by Rule I.A of this Court's Individual Rules and Procedures, available at https://www.njd.uscourts.gov/sites/njd/files/ProceduresJudgeReneeMarieBumb.pdf. Therefore, it is hereby ORDERED that Plaintiff shall show cause, by written submission filed on the docket no later than three (3) business days from the date hereof, why Plaintiff has failed to timely respond AND why the relief Walmart seeks in its pre-motion letter should not be granted. If no response is filed, the Court will likely grant Walmart the relief it seeks. So Ordered by Chief Judge Renee Marie Bumb on 09/05/2023. (Costigan, Roberta) [Transferred from New Jersey on 1/2/2024.]
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| Filing 9 Letter. (SCHRAGER, GWYNETH) [Transferred from New Jersey on 1/2/2024.] |
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Filing 8
ORDER discharging the Court's Order to Show Cause #6 . Signed by Chief Judge Renee Marie Bumb on 7/11/2023. (alb, ) [Transferred from New Jersey on 1/2/2024.]
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| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by WALMART, INC.. (Attachments: #1 Exhibit Exhibit C)(SCHRAGER, GWYNETH) [Transferred from New Jersey on 1/2/2024.] |
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Filing 6
ORDER TO SHOW CAUSE: Removing Defendant Walmart shall SHOW CAUSE by written submission filed on the docket, within fourteen (14) days of the date of this Order, why this case should not be remanded to state court for lack of subject matter jurisdiction. Signed by Chief Judge Renee Marie Bumb on 6/26/2023. (mag) [Transferred from New Jersey on 1/2/2024.]
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| Filing 5 WAIVER OF SERVICE Returned Executed by WALMART, INC.. WALMART, INC. waiver sent on 6/23/2023, answer due 8/22/2023. (SCHRAGER, GWYNETH) [Transferred from New Jersey on 1/2/2024.] |
| CASE REFERRED to Arbitration. (ssp, ) [Transferred from New Jersey on 1/2/2024.] |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (ssp, ) [Transferred from New Jersey on 1/2/2024.] |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Plaintiff's Counsel must be added to the case where Plaintiff has an attorney who is an e-filer,. All parties must be entered in CAPITAL LETTERS, aliases must be added in the 'Alias' field provided on the 'Case Participants' screen, and any text following party names must be added in 'Party Text' field provided on the "Party Information' screen; failure to enter party information in the correct manner can cause the case caption to generate incorrectly . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ssp, ) [Transferred from New Jersey on 1/2/2024.] |
| Filing 4 NOTICE of Appearance by PATRICK J. MCDONNELL on behalf of WALMART, INC. d/b/a WALMART MARKETPLACE and WALMART.COM (MCDONNELL, PATRICK) [Transferred from New Jersey on 1/2/2024.] |
| Filing 3 Corporate Disclosure Statement by WALMART, INC. d/b/a WALMART MARKETPLACE and WALMART.COM. (SCHRAGER, GWYNETH) [Transferred from New Jersey on 1/2/2024.] |
| Filing 2 Diversity Disclosure Statement by WALMART, INC. d/b/a WALMART MARKETPLACE and WALMART.COM. (SCHRAGER, GWYNETH) [Transferred from New Jersey on 1/2/2024.] |
| Filing 1 NOTICE OF REMOVAL by WALMART, INC. d/b/a WALMART MARKETPLACE and WALMART.COM from Superior Court of Camden County, NJ, case number CAM L 1639 23. ( Filing and Admin fee $ 402 receipt number ANJDC-14392922), filed by WALMART, INC. d/b/a WALMART MARKETPLACE and WALMART.COM. (Attachments: #1 Civil Cover Sheet, #2 Certificate of Service, #3 Exhibit A-B)(SCHRAGER, GWYNETH) [Transferred from New Jersey on 1/2/2024.] |
| Chief Judge Renee Marie Bumb and Magistrate Judge Elizabeth A. Pascal added. (mmb, ) [Transferred from New Jersey on 1/2/2024.] |
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