Lewis et al v. Howel et al
| Timothy Lewis |
| Tea, Inc., Maxim Howel, Scott Walker, Troy Wong and Terren S Peizer |
| 3:2023cv01497 |
| October 4, 2023 |
| US District Court for the District of Puerto Rico |
| Francisco A Besosa |
| Marcos E Lopez |
| Stockholders Suits |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 62 Corporate Disclosure Statement byTea, Inc.. (Torres-Pabon, Sonia) |
Filing 61
ORDER regarding #60 Motion for Leave to File. Granted. Signed by US Magistrate Judge Marcos E. Lopez on 12/06/2023. (mcc)
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| Filing 60 MOTION for Leave to File Document to Exceed Page Limitation filed by Sonia Torres-Pabon on behalf of Maxim Howel, Terren S Peizer, Tea, Inc., Scott Walker, Troy Wong Responses due by 12/19/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Pabon, Sonia) |
| Filing 59 MOTION to dismiss Plaintiff's Amended Complaint or, Alternatively, Motion for More Definite Statement as to Timothy Lewis filed by Sonia Torres-Pabon on behalf of Tea, Inc., Troy Wong, Scott Walker, Maxim Howel, Terren S Peizer Responses due by 12/19/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Corporate By Laws, #2 Exhibit Offer Letter, #3 Exhibit Lewis PIIAA, #4 Exhibit Letter from Lewis Counsel Oct. 3, 2023, #5 Exhibit Letter from Lewis Counsel April 25, 2023, #6 Exhibit Declaration of Max Howell)(Torres-Pabon, Sonia) |
| Filing 57 Consent MOTION for Extension of Time to File Response/Reply and Stipulation as to Service of Process and Response Deadline filed by Daniel D. McGuire on behalf of Tea, Inc. Responses due by 12/12/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (McGuire, Daniel) |
| Filing 56 Mail sent to Terren S. Peizer was returned as undeliverable re d.e #15-17. (mcm) |
| Filing 58 Mail sent to Terren S. Peizer was returned as undeliverable re 31 Clerk's Entry of Default. (ab) |
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Filing 55
ORDER granting in part and denying in part #52 Motion for Modification of Briefing and Pleading Deadlines. The request to extend the deadline until December 5, 2023 to answer the amended complaint is granted. The pleadings stage shall conclude on December 5, 2023. The deadlines to produce the initial disclosures under FRCP 26(a)(1) and to file the Joint Case Management Memorandum remain unaltered. As stated in the Case Management Order, "[i]n the absence of a Court order, discovery shall continue even if there is a dispositive motion pending." ECF No. 17, at 8. When preparing the Joint Case Management Memorandum, the parties shall keep in mind that the deadline for the conclusion of discovery and to file motions for summary judgment will not be extended unless U.S. District Judge Francisco A. Besosa, in his sound discretion, decides to reschedule and postpone the dates of the Pretrial and Settlement Conference and the Trial. See ECF No. 17, at 25. Signed by US Magistrate Judge Marcos E. Lopez on 11/16/23. (Lopez, Marcos) Modified typographical error on 11/16/2023 (idg).
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| Filing 54 Mail sent to Terren S. Peizer was returned as undeliverable re 28 Order. (ab) |
| Filing 53 Mail sent to Terren S. Peizer was returned as undeliverable re: d.e #22-25. (ab) |
| Filing 52 Consent INFORMATIVE Motion filed by Sonia Torres-Pabon on behalf of Maxim Howel, Scott Walker, Troy Wong Responses due by 11/22/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Pabon, Sonia) |
| NOTICE of Docket Text Modification by Deputy Clerk re: #51 Consent MOTION for extension of time filed by Scott Walker, Maxim Howel, Troy Wong.. ***FILED IN ERROR. Lacking local counsel's signature (S/). Document was re-filed in D.E. #52 .*** (ab) |
| Filing 51 ***FILED IN ERROR. Document was re-filed in D.E. #52 .*** Consent MOTION for extension of time filed by Daniel D. McGuire on behalf of Maxim Howel, Scott Walker, Troy Wong Responses due by 11/21/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (McGuire, Daniel) Modified on 11/9/2023 (ab). |
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Filing 50
ORDER re 49 Report and Recommendation; re #8 Motion to Dismiss. The Court ADOPTS the Magistrate Judge's report and recommendation (Docket No. 49) in its entirety. Accordingly, because an amended complaint has been filed (Docket No. 37), this motion to dismiss is DENIED without prejudice. Signed by Senior Judge Francisco A. Besosa on 11/07/2023. (brc)
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| Filing 49 REPORT AND RECOMMENDATION: Pursuant to Fed.R.Civ.P. 15(a)(1)(B) and taking into account the filing of an amended complaint (ECF No. 37), it is recommended that the motion to dismiss (ECF No. 8) the original complaint (ECF No. 6-1) be denied without prejudice or alternatively, be deemed moot. Objections to R&R due by 11/21/2023. Signed by US Magistrate Judge Marcos E. Lopez on 11/7/23.(Lopez, Marcos) |
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Filing 48
ORDER. The Initial Scheduling Conference remains as set for 1/9/2024 at 09:00 AM but it will be held in Hato Rey MEL's Chambers before US Magistrate Judge Marcos E. Lopez. Signed by US Magistrate Judge Marcos E. Lopez on 11/07/2023. (mcc)
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| Filing 47 MEMORANDUM OF THE CLERK: By Order of Senior Judge Francisco A. Besosa (Docket No. 43), this case has been randomly referred to Magistrate Judge Marcos E. Lopez for all pretrial proceedings, including reports and recommendations on dispositive motions, except for the final pretrial conference and trial. Signed by Clerk on 11/03/2023. (ft) |
| Filing 46 Summons Issued as to Tea, Inc.. Note: Counsel must print all summonses and follow the service requirements set forth by the Rules of Civil Procedure. Electronic issuance of summonses should not be construed as authorizing electronic service. (ad) |
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Filing 45
ORDER re #40 Informative Motion: NOTED. See Order entered at Docket No. 43. Signed by Senior Judge Francisco A. Besosa on 11/02/2023. (brc)
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Filing 44
ORDER re #39 Motion in Compliance: NOTED. See Order at Docket No. 43. Signed by Senior Judge Francisco A. Besosa on 11/02/2023. (brc)
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Filing 43
ORDER re #41 Informative Motion: NOTED. This case is referred to a magistrate judge for all pretrial proceedings, including reports and recommendations on dispositive motions. The final pretrial conference and the trial will be held before the district judge. Signed by Senior Judge Francisco A. Besosa on 11/02/2023. (brc)
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Filing 42
ORDER re #38 Motion for Issuance of Summons: GRANTED. The Clerk will issue the summons requested. Signed by Senior Judge Francisco A. Besosa on 11/02/2023. (brc)
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| Filing 41 INFORMATIVE Motion regarding Non-Consent to Magistrate Judge filed by Stephanie Michelle Vilella-Alonso on behalf of Terren S Peizer Responses due by 11/15/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vilella-Alonso, Stephanie) |
| Filing 40 INFORMATIVE Motion regarding Non-Consent to Magistrate Judge filed by Daniel D. McGuire on behalf of Maxim Howel, Scott Walker, Troy Wong Responses due by 11/15/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (McGuire, Daniel) |
| Filing 39 Motion In Compliance Regarding Non-Consent to Assign Magistrate Judge as to #17 Scheduling Order/Case Management Order,,, filed by Juan Gaddiel Alvarez-Valentin on behalf of Timothy Lewis Responses due by 11/15/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #17 ) (Alvarez-Valentin, Juan) |
| Filing 38 MOTION for Issuance of Summons as to Tea, Inc. filed by Juan Gaddiel Alvarez-Valentin on behalf of Timothy Lewis Responses due by 11/15/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Summons)(Alvarez-Valentin, Juan) |
| Filing 37 AMENDED COMPLAINT VERIFIED against All Defendants, filed by Timothy Lewis.(Alvarez-Valentin, Juan) |
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Filing 36
ORDER re #35 Motion to Set Aside Default: GRANTED. The entry of default is VACATED. Defendant Peizer shall answer the complaint no later than November 10, 2023. No additional extensions will be allowed. Signed by Senior Judge Francisco A. Besosa on 10/30/2023. (brc)
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| Filing 35 MOTION to Set Aside Default Motion to Set Aside the Entry of Default at ECF No. 31 and Allow Terren Peizer to Respond to the Complaint by November 10, 2023. as to Terren S Peizer filed by Stephanie Michelle Vilella-Alonso on behalf of Terren S Peizer Responses due by 11/13/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vilella-Alonso, Stephanie) |
| Filing 34 NOTICE of Appearance of Counsel by Alberto G. Estrella on behalf of Terren S Peizer (Estrella, Alberto) |
| Filing 33 NOTICE of Appearance by Stephanie Michelle Vilella-Alonso on behalf of Terren S Peizer (Vilella-Alonso, Stephanie) |
| Filing 32 NOTICE of Appearance by Daniel D. McGuire on behalf of Maxim Howel, Scott Walker, Troy Wong (McGuire, Daniel) |
| Filing 31 ***VACATED AS PER D.E. #36 ORDER*** Clerk's ENTRY OF DEFAULT as to Terren S Peizer (ab) Modified on 10/30/2023 (ab). |
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Filing 30
ORDER re #26 Motion for Entry of Default: GRANTED. The Clerk will enter default against defendant Terren Peizer. Signed by Senior Judge Francisco A. Besosa on 10/24/2023. (brc)
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| Filing 29 NOTICE of Appearance by Irene Oria on behalf of Maxim Howel, Scott Walker, Troy Wong (Oria, Irene) |
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Filing 28
ORDER re #27 Motion for extension of time: GRANTED. Response to motion deadline is extended until November 17, 2023. No additional extensions will be allowed. Signed by Senior Judge Francisco A. Besosa on 10/20/2023. (brc)
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| Filing 27 MOTION for extension of time until November 17, 2023 to Response to Motion to Dismiss filed by Juan A. Marques-Diaz on behalf of Timothy Lewis Responses due by 11/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Marques-Diaz, Juan) |
| Filing 26 MOTION for Default Entry as to Terren S Peizer filed by Juan A. Marques-Diaz on behalf of Timothy Lewis Responses due by 11/2/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Marques-Diaz, Juan) |
| Filing 25 NOTICE TO PRO HAC VICE Daniel D. McGuire re: 23 Order on Motion to Appear PHV : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (ab) |
| Filing 24 NOTICE TO PRO HAC VICE Irene Oria re: 22 Order on Motion to Appear PHV : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (ab) |
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Filing 23
ORDER re #21 Motion to Appear PHV: GRANTED. The Clerk will deposit the admission fee in the Court's non-appropriated funds account. Signed by Senior Judge Francisco A. Besosa on 10/19/2023. (brc)
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Filing 22
ORDER re #20 Motion to Appear PHV: GRANTED. The clerk will deposit the admission fee in the Court's non-appropriated funds account. Signed by Senior Judge Francisco A. Besosa on 10/19/2023. (brc)
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| Filing 21 Motion to allow Daniel McGuire to appear pro hac vice (Pro Hac fee $300 receipt number 8412550) filed by Sonia Torres-Pabon on behalf of Maxim Howel, Scott Walker, Troy Wong Responses due by 11/2/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Pabon, Sonia) |
| Filing 20 Motion to allow Irene Oria to appear pro hac vice (Pro Hac fee $300 receipt number 8412525) filed by Sonia Torres-Pabon on behalf of Maxim Howel, Scott Walker, Troy Wong Responses due by 11/2/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Pabon, Sonia) |
| Filing 19 ***FILED IN ERROR. Missing PHV's handwritten signature*** Motion to allow Irene Oria to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8412550) filed by Sonia Torres-Pabon on behalf of Maxim Howel, Scott Walker, Troy Wong Responses due by 11/1/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Pabon, Sonia) Modified on 10/18/2023 (ab). |
| Filing 18 ***FILED IN ERROR. Missing PHV's handwritten signature*** Motion to allow Daniel McGuire to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8412525) filed by Sonia Torres-Pabon on behalf of Maxim Howel, Scott Walker, Troy Wong Responses due by 11/1/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Pabon, Sonia) Modified on 10/18/2023 (ab). |
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Filing 17
SCHEDULING ORDER/CASE MANAGEMENT ORDER: Jury Trial set for 5/31/2025 09:00 AM in OSJ Courtroom 6 - 1st Floor before Senior Judge Francisco A. Besosa. Initial Scheduling Conference set for 1/9/2024 09:00 AM in OSJ Courtroom 6 - 1st Floor before Senior Judge Francisco A. Besosa. Pretrial/Settlement Conference set for 3/23/2025 09:00 AM in OSJ Courtroom 6 - 1st Floor before Senior Judge Francisco A. Besosa. Amended Pleadings due by 11/17/2023. Discovery due by 10/9/2024. Motions due by 12/9/2024. Outstanding Pleadings due by 11/8/2023. Proposed Pretrial Order due by 3/9/2025. Rule 26 Meeting Report due by 12/29/2023. Signed by Senior Judge Francisco A. Besosa on 10/18/2023.(cmd) Modified on 10/18/2023 to correct jury trial date (ab).
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| NOTICE of Docket Text Modification by Deputy Clerk: #19 Motion to allow Irene Oria to appear pro hac vice, #18 Motion to allow Daniel McGuire to appear pro hac vice. ***FILED IN ERROR. Missing PHV's handwritten signature. Applications to be re-filed with PHV's handwritten signatures and local counsel's electronic signature (/S).*** (ab) |
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Filing 16
MEMORANDUM OF THE CLERK: Pursuant to the Order of Recusal entered by Judge Maria Antongiorgi-Jordan (Docket No. 15), this case has been randomly reassigned within the Case Assignment System to the docket of Senior Judge Francisco A. Besosa. Signed by Clerk on 10/17/2023. (ft)
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Filing 15
ORDER OF RECUSAL: Upon review of the filings in this matter, the Court has identified that the Counsel of Record for Plaintiff is McConnell Valdes LLC, a law firm where the undersigned was formerly employed. Accordingly, the undersigned disqualifies herself from presiding over this case pursuant to 28 U.S.C. 455(a). See also 22-mc-00692 at ECF No. #1 . The matter is referred to the Clerk's Office to reassign this case to another United States District Judge. Judge Maria Antongiorgi-Jordan recused. Signed by Judge Maria Antongiorgi-Jordan on 10/17/2023. (ao)
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| Filing 14 NOTICE of Appearance by Juan A. Marques-Diaz on behalf of Timothy Lewis (Marques-Diaz, Juan) |
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Filing 13
ORDER granting: #9 "Motion for Leave to File Document to Exceed Page Limitation." Signed by Judge Maria Antongiorgi-Jordan on 10/12/2023. (ao)
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Filing 12
ORDER noting: #6 "Motion submitting Certified Translations." Signed by Judge Maria Antongiorgi-Jordan on 10/12/2023. (ao)
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Filing 11
ORDER noting: #3 "Motion In Compliance With 28 USC Sec. 1446(D)." Signed by Judge Maria Antongiorgi-Jordan on 10/12/2023. (ao)
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Filing 10
ORDER granting: #2 "Motion for Leave to File Spanish Language Documents." Signed by Judge Maria Antongiorgi-Jordan on 10/12/2023. (ao)
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| NOTICE of Docket Text Modification by Deputy Clerk: #7 MOTION to dismiss or, Alternatively, Motion for More Definite Statement as to Timothy Lewis filed by Scott Walker, Maxim Howel, Troy Wong..***FILED IN ERROR as per Counsels request. Wrong pdf. Document was re-filed in D.E. #8 .*** (ab) |
| Filing 9 MOTION for Leave to File Document to Exceed Page Limitation filed by Sonia Torres-Pabon on behalf of Maxim Howel, Scott Walker, Troy Wong Responses due by 10/25/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Pabon, Sonia) |
| Filing 8 MOTION to dismiss or, Alternatively, Motion for More Definite Statement as to Timothy Lewis filed by Sonia Torres-Pabon on behalf of Troy Wong, Scott Walker, Maxim Howel. Responses due by 10/25/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Torres-Pabon, Sonia) Modified on 10/12/2023 to correct filers as per Counsel's request (ab). |
| Filing 7 ***FILED IN ERROR as per Counsels request. Document was re-filed in D.E. #8 .*** MOTION to dismiss or, Alternatively, Motion for More Definite Statement as to Timothy Lewis filed by Sonia Torres-Pabon on behalf of Troy Wong, Scott Walker, Maxim Howel, Terren S Peizer Responses due by 10/25/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Torres-Pabon, Sonia) Modified on 10/12/2023 (ab). |
| Filing 6 MOTION Submitting Certified Translations re: #2 MOTION for Leave to File Spanish language documents filed by Scott Walker, Maxim Howel, Troy Wong filed by Sonia Torres-Pabon on behalf of Maxim Howel, Scott Walker, Troy Wong Responses due by 10/19/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A)(Related document(s) #2 ) (Torres-Pabon, Sonia) |
| Filing 5 NOTICE OF JUDGE ASSIGNMENT: Case has been assigned to Judge Maria Antongiorgi-Jordan. (vdm) |
| Filing 4 NOTICE of Appearance by Yahaira De La Rosa-Algarin on behalf of Maxim Howel, Scott Walker, Troy Wong (De La Rosa-Algarin, Yahaira) |
| Filing 3 Motion In Compliance with 28 USC Sec. 1446(D) filed by Sonia Torres-Pabon on behalf of Maxim Howel, Scott Walker, Troy Wong Responses due by 10/18/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1)(Torres-Pabon, Sonia) |
| Filing 2 MOTION for Leave to File Spanish language documents filed by Sonia Torres-Pabon on behalf of Maxim Howel, Scott Walker, Troy Wong Responses due by 10/18/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Pabon, Sonia) |
| Filing 1 NOTICE OF REMOVAL from Court of First Instance, San Juan Part, case number SJ2023CV07271. (Filing fee $ 402 receipt number APRDC-8395510), filed by Troy Wong, Scott Walker, Maxim Howel. (Attachments: #1 Category Sheet, #2 Civil Cover Sheet, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Torres-Pabon, Sonia) |
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