Shrive et al v. Ethicon, Inc. et al
| Dennis Shrive and Jane Shrive |
| Ethicon, inc. and Johnson & Johnson |
| 3:2020cv00129 |
| January 24, 2020 |
| US District Court for the Middle District of Pennsylvania |
| Robert D Mariani |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 36
ORDER Re: Case Assignment and Procedures. Signed by Honorable Robert D. Mariani on 1/31/20. (jam)
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| Filing 35 NOTICE of Appearance by Benjamin A. Nicolosi, Jr on behalf of Ethicon, inc., Johnson & Johnson. (Nicolosi, Benjamin) |
| Filing 34 NOTICE of Appearance by Mark P Burns on behalf of Ethicon, inc., Johnson & Johnson. (Burns, Mark) |
| Filing 33 WITHDRAWAL OF APPEARANCE. (Burns, Mark) Modified on 2/4/2020 (ep). |
| Filing 32 MEMORANDUM by Dennis Shrive, Jane Shrive IN OPPOSITION TO #29 MOTION for Partial Summary Judgment. (ep) |
| Filing 31 BRIEF IN OPPOSITION re #29 MOTION for Partial Summary Judgment filed by Dennis Shrive, Jane Shrive. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(ep) |
| Filing 30 BRIEF IN SUPPORT re #29 MOTION for Partial Summary Judgment filed by Ethicon, inc., Johnson & Johnson.(ep) |
| Filing 29 MOTION for Partial Summary Judgment by Ethicon, inc., Johnson & Johnson. (Attachments: #1 Exhibits A & B)(ep) |
| Filing 28 Case transferred electronically in from District of West Virginia Southern; Case Number 2:14-cv-00060 containing electronic documents. |
| Filing 27 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2440 - MIS of MTE General Opinion Testimony of Dr. Tomezsko, #2 Exhibit ECF 2924 - Def RESPONSE to MTE Tomezsko, #3 Exhibit ECF 6859 - NOA of Prior Motion of Janet Tomezsko, #4 Exhibit ECF 6959 - NOA of W3 Responses Re Janet Tomezsko, #5 Exhibit ECF 2060 - MTE by all Plaintiffs the Opinions of FDA Expert Timothy Ulatowski, #6 Exhibit ECF 2065 - Memo in Supp of MTE Testimony of Timothy Ulatowski, #7 Exhibit ECF 2134 - Response in Opp to MTE Timothy Ulatowski, #8 Exhibit ECF 2232 - PL Reply Brief in Supp of Their Daubert MTE Timothy Ulatowski, #9 Exhibit ECF 2910 - Notice of Response and Adoption of prior response regarding Timothy Ulatowski, #10 Exhibit ECF 6860 - NOA of Prior Daubert Motion of Timothy Ulatowski, M.D, #11 Exhibit ECF 6965 - NOA of Prior Daubert Response Regarding Timothy Ulatowski, #12 Exhibit ECF 7143 - NOA of Prior Daubert Reply of Timothy Ulatowski, M.D, #13 Exhibit ECF 1992 - MTE by Pl Maria Abadi, MD, #14 Exhibit ECF 1993 - MOL MTE by Pl of Maria Abadi, MD, #15 Exhibit ECF 2934 - Response to Pl MTE by Ethicon Maria Abadi, MD, #16 Exhibit ECF 6787 - NOA of Prior Daubert of Maria Abadi, MD, #17 Exhibit ECF 6947 - NOA of Prior Daubert RSP of Maria Abadi, MD, #18 Exhibit ECF 2205 - MTE by All Plaintiffs Opinions and Testimony of Steven MacLean, Ph.D., P.E, #19 Exhibit ECF 2205 - Part 1 - MTE by All Plaintiffs Opinions and Testimony of Steven MacLean, Ph.D., P.E, #20 Exhibit ECF 2205 - Part 2 - MTE by All Plaintiffs Opinions and Testimony of Steven MacLean, Ph.D., P.E, #21 Exhibit ECF 2206 - Memo in Support of Daubert Motion to Exclude Testimony of Steven Maclean, #22 Exhibit ECF 2287 - Defendants Resp in Opp to MTE Testimony of Steven Maclean, #23 Exhibit ECF 2287 - Part 1 - Defendants Resp in Opp to MTE Testimony of Steven Maclean, #24 Exhibit ECF 2297 - PL Reply to Def Response in Opposition of MTE Steven Maclean, #25 Exhibit ECF 2825 - MTE or limit the Testimony of Steven Maclean PHD PE, #26 Exhibit ECF 2826 - Memo in Supp of MTE or Limit the opinions and testimony of Steven Maclean PHD PE, #27 Exhibit ECF 2942 - Resp in Opp to MTE Testimony of Steven Maclean, Ph.D, #28 Exhibit ECF 3053 - REPLY by ALL PL in Support of Daubert MTE or Limit Opinions of Steven MacLean, PhD, P.E, #29 Exhibit ECF 6824 - NOA of Prior Daubert Motion of Steven Maclean, Ph.D, #30 Exhibit ECF 6998 - NOA of Prior Daubert Response of Steven Maclean, M.D, #31 Exhibit ECF 7100 - NOA of Prior Daubert Reply of Steven MacLean, Ph.D)(Robinson, Susan) (Modified on 1/16/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 26 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 3790 - Pl response to Iak daubert and Exhibit A, #2 Exhibit ECF 3790 - Part 1 - Pl response to Iak daubert and Exhs A-H, #3 Exhibit ECF 3790 - Part 2 - Pl response to Iak daubert and Exhibit I-T, #4 Exhibit ECF 3865 - Def Reply to MTE Iakovlev, #5 Exhibit ECF 6874 - Def MTE Iak and EXHIBITS A-D, #6 Exhibit ECF 6874 - Part 1 - Exhibit D Defs' MTE Iak Wave 8, #7 Exhibit ECF 6874 - Part 2 - EXHIBIT D-H Defs' MTE Iak Wave 8, #8 Exhibit ECF 6875 - Defs' MIS of Iakovlev Wave 8, #9 Exhibit ECF 7038 - Plf's Response to MTE Iakovlev Wave 8, #10 Exhibit ECF 7045 - Plf's Opposition to Defs' MTE Iakovlev Wave 8, #11 Exhibit ECF 7085 - Pl amended NOA response for wave 8, #12 Exhibit ECF 7183 - Def Reply to MTE Iak wave 8, #13 Exhibit ECF 2759 - Defendants MTE Peggy Pence, PH.D, #14 Exhibit ECF 2760 - MEMORANDUM in Support of MTE Peggy Pence, Ph.D, #15 Exhibit ECF 2949 - Plaintiffs in Opposition to MTE Peggy Pence, #16 Exhibit ECF 3017 - REPLY in Support of MTE Peggy Pence, PH.D, #17 Exhibit ECF 6821 - NOA of Prior Daubert Motion to Exclude Peggy Pence, Ph.D, #18 Exhibit ECF 6958 - NOA of Prior Daubert Response of Peggy Pence, Ph.D, #19 Exhibit ECF 7177 - NOA of Prior Reply of Daubert Motion to Exclude Peggy Pence, #20 Exhibit ECF 2023 - Motion to Exclude Opinions and Testimony of Dr. Toglia, #21 Exhibit ECF 2028 - MIS of Motion to Exclude Certain Opinions of Dr. Toglia, #22 Exhibit ECF 2231 - Reply Memo in Support of MTE Opinions of Dr. Toglia, #23 Exhibit ECF 2916 - Def RIO to Pl MTE Toglia and EXHIBITS A-H, #24 Exhibit ECF 2993 - Pl REPLY in support of MTE Toglia, #25 Exhibit ECF 6858 - NOA of Prior Daubert Motion of Marc Toglia, M.D, #26 Exhibit ECF 6986 - NOA of Prior Daubert Response Regarding Marc Toglia, M.D, #27 Exhibit ECF 7116 - NOA of Prior Daubert Reply of Marc Toglia, M.D)(Robinson, Susan) (Modified on 1/16/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 25 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 238 - First Amended Master Long Form Complaint and Jury Demand, #2 Exhibit ECF 239 - Master Answer Ethicon, Inc, #3 Exhibit ECF 241 - Master Answer Johnson & Johnson, #4 Exhibit ECF 262 - Short Form Complaint, #5 Exhibit ECF 263 - Amended Short Form Complaint, #6 Exhibit ECF 2817 - MTE Bruce Rosenzweig, #7 Exhibit ECF 2818 - MIS of MTE of Bruce Rosenzweig, M.D., #8 Exhibit ECF 2931 - Pl Opposition to MTE Bruce Rosenzweig, #9 Exhibit ECF 5332 - MTE Bruce Rosenzweig, #10 Exhibit ECF 5333 - MIS MTE Bruce Rosenzweig, #11 Exhibit ECF 5482 - MIO MTE Bruce Rosenzweig, #12 Exhibit ECF 5548 - REPLY MTE Bruce Rosenzweig, #13 Exhibit ECF 6852 - NOA Prior MTE Bruce Rosenzweig, #14 Exhibit ECF 6960 - NOA Prior Response Bruce Rosenweig, #15 Exhibit ECF 3626 - MT Limit Klinge, #16 Exhibit ECF 3626 - Part 1 - MT Limit Klinge, #17 Exhibit ECF 3630 - MEMORANDUM In Support of MT Limit Klinge, #18 Exhibit ECF 3767 - Response in Opposition to MTE Klinge, #19 Exhibit ECF 3767 - Part 1 - Response in Opposition to MTE Klinge, #20 Exhibit ECF 3767 - Part 2 - Response in Opposition to MTE Klinge, #21 Exhibit ECF 3767 - Part 3 - Response in Opposition to MTE Klinge, #22 Exhibit ECF 3855 - REPLY IN SUPPORT of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #23 Exhibit ECF 6648 - NOA of Ethicon's Motion to Exclude the Testimony Klinge, #24 Exhibit ECF 6833 - Amended Notice of Adoption to Exclude Testimony of Uwe Klinge, #25 Exhibit ECF 6926 - NOTICE of Adoption of Prior Daubert Response of Prof. Dr. Med. Uwe Klinge, #26 Exhibit ECF 7123 - NOTICE of Adoption of Prior Daubert Reply Regarding Prof. Dr. Med. Uwe Klinge, #27 Exhibit ECF 3619 - Motion to Exclude Iakovlev & EXHIBITS A-J, #28 Exhibit ECF 3619 - Part 1 - EXHIBITS K-AA Motion to Exclude Iakovlev, #29 Exhibit ECF 3619 - Part 2 - EXHIBITS BB-FF Motion to Exclude Iakovlev)(Robinson, Susan) (Modified on 1/16/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 1/24/2020.] |
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Filing 24
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/23/2020 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 1/22/2020 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 1/9/2020. (cc: Clerk of the JPMDL; counsel of record) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 1/24/2020.]
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| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exh 1-List of Cases, #2 Exh 2- Letter)(Gage, William) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 22 RESPONSE TO ORDER TO SHOW CAUSE by Dennis Shrive, Jane Shrive (Balefsky, Lee) [Transferred from West Virginia Southern on 1/24/2020.] |
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Filing 21
SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from West Virginia Southern on 1/24/2020.]
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Filing 20
ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mwk) (ADI) [Transferred from West Virginia Southern on 1/24/2020.]
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| Filing 19 MEMORANDUM by Dennis Shrive, Jane Shrive in opposition to #16 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Balefsky, Lee) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 18 OPPOSITION by Dennis Shrive, Jane Shrive to #16 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Balefsky, Lee) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 17 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #16 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Robinson, Susan) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 16 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Exhibits A - B)(Robinson, Susan) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 15 NOTICE OF VIDEO DEPOSITIONS by Ethicon, Inc., Johnson & Johnson of Friends and Family: Jane Shrive, Dennis Shrive, Jason A. Shrive, Jeffrey D. Shrive, Eric D. Shrive on a Date to Be Determined (Robinson, Susan) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 14 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendant's Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 1/24/2020.] |
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Filing 13
PRETRIAL ORDER # 303 (Amended Docket Control Order - Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to Dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; and Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (lca) (ADI) [Transferred from West Virginia Southern on 1/24/2020.]
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| Filing 12 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Vincent Lucente on 8/10/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 11 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Higginbotham, Daniel) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 10 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Jane Shrive on 6/27/18 at 2:00 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kila Briget Baldwin on behalf of Dennis Shrive, Jane Shrive. (Baldwin, Kila) [Transferred from West Virginia Southern on 1/24/2020.] |
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Filing 8
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (klc) (ADI) [Transferred from West Virginia Southern on 1/24/2020.]
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| Filing 7 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Vincent R. Lucente on 4/24/2018 at 9:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 6 PLAINTIFF PROFILE FORM filed by Dennis Shrive, Jane Shrive. (Balefsky, Lee) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 92 (Stipulated Protective Order Regarding Nonparty Documents) entered on 01/07/2014 in MDL 2327 to attorneys in member case. (klc) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2874616. (Attachments: #1 Notice of Service Under Delayed Filing Agreement, #2 Civil Cover Sheet) (tmh) [Transferred from West Virginia Southern on 1/24/2020.] |
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