Commonwealth of Kentucky, Energy and Environment Cabinet v. E.I. Dupont De Nemours and Company et al
| Commonwealth of Kentucky, Energy and Environment Cabinet |
| E.I. DuPont de Nemours and Company, The Chemours Company, The Chemours Company FC LLC, Dupont De Nemours Inc and Corteva Inc |
| 2:2023cv06364 |
| December 8, 2023 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Petition for Removal |
| Plaintiff |
Docket Report
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| Filing 39 NOTICE TO NEW COUNSEL: MDL No. 2:18-mn-2873-RMG (LEAD case) is open as the master docket assigned to Judge Richard M. Gergel, District of South Carolina. This civil action is now associated as a member case. All counsel of record are directed to take the steps necessary to be registered as electronic filers in the District of South Carolina, if not previously done so (See CMO No. 3 pg. 17 Electronic Filing at 22. footnote 5 (ECF Multidistrict Litigation Attorney Registration Form - available at link at the end of this NOTICE).CMO Nos. 1 - 27, (including any supplemental CMO Nos. i.e., 2.A, etc.) govern all cases in the MDL proceedings and can be viewed in the Lead case. Counsel will be notified by Liaison Counsel re new Case Management Orders and other new documents posted in the lead case. Please also read CLERKS NOTICE(s) TO ALL COUNSEL ASSOCIATED WITH MDL 2873 and QUALITY CONTROL MESSAGE(s) filed in the Lead case. NOTICE of Hearing: Next Monthly Status Conference TBD. A Final Fairness Hearing for 2:23-cv-03230-RMG City of Camden et al v. E.I. du Pont de Nemours & Company et al is set for 12/14/2023 10:00 AM, in Hon. Sol Blatt, Jr., Courtroom (III), J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston. See the District Court's website containing information on the MDL at # MDL-2873 (sshe, ) |
| Filing 38 MDL MEMBER CASE OPENED: Kentucky Eastern (associated as of 12/8/2023), 3:23-cv-00047, Commonwealth of Kentucky, Energy and Environment Cabinet v. E.I. Dupont De Nemours and Company et al, as DSC case 2:23-cv-06364-RMGSee NOTICE TO NEW COUNSEL (sshe, ) |
| Filing 37 Case transferred in from District of Kentucky Eastern; Case Number 3:23-cv-00047. Original file certified copy of transfer order and docket sheet received. |
| Filing 36 CERTIFIED ORDER received from District of South Carolina re: Case Transfer to the MDL Panel pursuant to Transfer Order filed in MDL Case Number 2873.(JJ)cc: COR [Transferred from Kentucky Eastern on 12/8/2023.] |
Filing 35
ORDER: 1. The parties' Motion to Stay [R. #34 ] is GRANTED; 2. All proceedings in this matter are STAYED pending the Judicial Panel on Multidistrict Litigation's final decision on the Defendants' Motion to Transfer this action to MDL No. 2873; and, 3. If the Judicial Panel denies transfer, the stay SHALL automatically be lifted and the Defendants SHALL respond to the Plaintiff's Complaint within twenty-one days of that decision. Signed by Judge Gregory F. Van Tatenhove on 9/15/2023.(JJ)cc: COR [Transferred from Kentucky Eastern on 12/8/2023.]
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #34 JOINT MOTION to Stay by Corteva, Inc., Dupont De Nemours, Inc., E.I. Dupont De Nemours and Company, The Chemours Company, The Chemours Company FC, LLC (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 34 JOINT MOTION to Stay by Corteva, Inc., Dupont De Nemours, Inc., E.I. Dupont De Nemours and Company, The Chemours Company, The Chemours Company FC, LLC (Attachments: #1 Exhibit Ex A - Motion to Transfer KY Case, #2 Proposed Order)(Danford, Daniel) [Transferred from Kentucky Eastern on 12/8/2023.] |
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Filing 33
ORDER: 1. Plaintiff's Motion for Admission [R. #27 ] is GRANTED; 2. Carla Pickrel is admitted pro hac vice as counsel for the Plaintiff in the above styled action. Signed by Judge Gregory F. Van Tatenhove on 8/31/2023. (JJ)cc: COR [Transferred from Kentucky Eastern on 12/8/2023.]
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| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Carla Pickrel: re #33 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Carla Pickrel (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 32 NOTICE TO ATTORNEY Roderick Alvendia by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (CBD) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 31 NOTICE TO ATTORNEY Phil Cossich by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (CBD) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 30 NOTICE TO ATTORNEY Luana Smith by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (CBD) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 29 NOTICE TO ATTORNEY Jody Fortunato by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (CBD) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 28 INCORRECTLY FILED - NOTICE TO ATTORNEY Jarrod Lee Bentley by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (CBD) Modified text on 8/18/2023 (JJ). [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 27 MOTION for Carla Pickrel to Appear Pro Hac Vice by Commonwealth of Kentucky, Energy and Environment Cabinet ( Filing fee $125; receipt number AKYEDC-5627685) (Attachments: #1 Exhibit, #2 Proposed Order)(Johnson, Ronald) [Transferred from Kentucky Eastern on 12/8/2023.] |
| BAR STATUS Check completed as to Carla Burke Pickrel re #27 MOTION for Carla Pickrel to Appear Pro Hac Vice by Commonwealth of Kentucky, Energy and Environment Cabinet ( Filing fee $125; receipt number AKYEDC-5627685). (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #27 MOTION for Carla Pickrel to Appear Pro Hac Vice by Commonwealth of Kentucky, Energy and Environment Cabinet ( Filing fee $125; receipt number AKYEDC-5627685) (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| NOTICE OF DOCKET MODIFICATION TO Ronald Johnson re #27 MOTION for Carla Pickrel to Appear Pro Hac Vice; attachment was insufficiently described as "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
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Filing 26
ORDER: 1. Parties' Agreed Order [R. #25 ] is GRANTED; 2. Defendants' Motion to Dismiss [R. #10 ] is DENIED AS MOOT and WITHOUT PREJUDICE; 3. Defendants SHALL have until 9/13/2023, to file an answer to the Complaint; and, 4. The agreed Motion for Extension of Time for the Plaintiff to respond to the Motion to Dismiss [R. #23 ] is DENIED AS MOOT. Signed by Judge Gregory F. Van Tatenhove on 8/11/2023.(JJ)cc: COR [Transferred from Kentucky Eastern on 12/8/2023.]
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #25 Proposed Agreed Order Withdrawal of MTD and Extension to File Answer (CBD) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 25 Proposed Agreed Order Withdrawal of MTD and Extension to File Answer by Corteva, Inc., Dupont De Nemours, Inc., E.I. Dupont De Nemours and Company, The Chemours Company, The Chemours Company FC, LLC. (Danford, Daniel) [Transferred from Kentucky Eastern on 12/8/2023.] |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Nathan A. Leber and Meghan A. Quinn: re #24 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Nathan A. Leber and Meghan A. Quinn (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
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Filing 24
ORDER: 1. Defendant EIDP, Corteva, and DuPont's Motions to Admit [R. #21 ; R. #22 ] are GRANTED; 2. Nathan A. Leber and Meghan A. Quinn is admitted pro hac vice as counsel for Defendants EIDP, Corteva, and Du Pont in the above styled action. Signed by Judge Gregory F. Van Tatenhove on 8/7/2023. (JJ)cc: COR Modified text on 8/10/2023 (JJ). [Transferred from Kentucky Eastern on 12/8/2023.]
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| Filing 23 Agreed MOTION for Extension of Time by Commonwealth of Kentucky, Energy and Environment Cabinet (Attachments: #1 Proposed Order)(Johnson, Ronald) Modified text on 8/8/2023 (JJ). [Transferred from Kentucky Eastern on 12/8/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #23 Agreed MOTION for Extension of Time by Commonwealth of Kentucky, Energy and Environment Cabinet (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 22 MOTION for Meghan A. Quinn to Appear Pro Hac Vice by Corteva, Inc., Dupont De Nemours, Inc., E.I. Dupont De Nemours and Company, The Chemours Company, The Chemours Company FC, LLC ( Filing fee $125; receipt number AKYEDC-5617113) (Attachments: #1 Proposed Order)(Danford, Daniel) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 21 MOTION for Nathan A. Leber to Appear Pro Hac Vice by Corteva, Inc., Dupont De Nemours, Inc., E.I. Dupont De Nemours and Company, The Chemours Company, The Chemours Company FC, LLC ( Filing fee $125; receipt number AKYEDC-5617094) (Attachments: #1 Proposed Order)(Danford, Daniel) [Transferred from Kentucky Eastern on 12/8/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #21 MOTION for Nathan A. Leber to Appear Pro Hac Vice, #22 MOTION for Meghan A. Quinn to Appear Pro Hac Vice. (CBD) [Transferred from Kentucky Eastern on 12/8/2023.] |
| BAR STATUS Check completed as to Nathan A. Leber, Meghan A. Quinn re #21 MOTION for Nathan A. Leber to Appear Pro Hac Vice, #22 MOTION for Meghan A. Quinn to Appear Pro Hac Vice. (CBD) [Transferred from Kentucky Eastern on 12/8/2023.] |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Amy Rachel Gore: re #20 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Amy Rachel Gore (CBD) [Transferred from Kentucky Eastern on 12/8/2023.] |
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Filing 20
ORDER: 1. Motion to Amend #17 is GRANTED; 2. Rachel Gore is admitted pro hac vice as counsel for Defendants EIDP, Corteva, and Du Pont in the above styled action. 3. Defendant Chemours's Motions to Admit #18 ; #19 are GRANTED; 4. Margaret Raymond-Flood and Kimbrilee Weber are admitted pro hac vice. Signed by Judge Gregory F. Van Tatenhove on 8/1/2023. (CBD)cc: COR and Margaret Raymond-Flood and Kimbrilee Weber via US Mail [Transferred from Kentucky Eastern on 12/8/2023.]
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| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Margaret Raymond-Flood and Kimbrilee Weber: re #20 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Margaret Raymond-Flood and Kimbrilee Weber (CBD) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 19 MOTION for Kimbrilee Weber to Appear Pro Hac Vice by The Chemours Company ( Filing fee $125; receipt number AKYEDC-5613647) (Attachments: #1 Proposed Order)(Woodall, Jon) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 18 MOTION for Margaret Raymond-Flood to Appear Pro Hac Vice by The Chemours Company ( Filing fee $125; receipt number AKYEDC-5613622) (Attachments: #1 Proposed Order)(Woodall, Jon) [Transferred from Kentucky Eastern on 12/8/2023.] |
| BAR STATUS Check completed as to Kimbrilee Weber re #19 MOTION for Kimbrilee Weber to Appear Pro Hac Vice(CBD) [Transferred from Kentucky Eastern on 12/8/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #17 MOTION to Amend/Correct Pro Hac Vice Motion Submitted, #16 Order on Motion to Appear Pro Hac Vice, Bar Status Check completed, by Corteva, Inc., Dupont De Nemours, Inc., E.I. Dupont De Nemours and Company (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| BAR STATUS Check completed as to Margaret Raymond-Flood re #18 MOTION for Margaret Raymond-Flood to Appear Pro Hac Vice (CBD) [Transferred from Kentucky Eastern on 12/8/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #18 MOTION for Margaret Raymond-Flood to Appear Pro Hac, #19 MOTION for Kimbrilee Weber to Appear Pro Hac Vice. (CBD) [Transferred from Kentucky Eastern on 12/8/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #18 MOTION for Margaret Raymond-Flood to Appear Pro Hac Vice, #19 MOTION for Kimbrilee Weber to Appear Pro Hac Vice. (CBD) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 17 MOTION to Amend/Correct Pro Hac Vice Motion Submitted, #16 Order on Motion to Appear Pro Hac Vice, Bar Status Check completed, by Corteva, Inc., Dupont De Nemours, Inc., E.I. Dupont De Nemours and Company (Attachments: #1 Exhibit Original Motion, #2 Exhibit Order Denying)(Robertson, W.) Modified text on 7/28/2023 (JJ). [Transferred from Kentucky Eastern on 12/8/2023.] |
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Filing 16
ORDER: Defendants' Motion for Amy Rachel Gore to appear pro hac vice [R. #14 ] is DENIED WITHOUT PREJUDICE. Signed by Judge Gregory F. Van Tatenhove on 7/26/2023. (JJ)cc: COR and Amy Gore via US Mail [Transferred from Kentucky Eastern on 12/8/2023.]
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| Filing 15 Proposed Order Amy Gore Appearance Pro Hac Vice by Corteva, Inc., Dupont De Nemours, Inc., E.I. Dupont De Nemours and Company. (Robertson, W.) Modified text on 7/25/2023 (JJ). [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 14 MOTION for Amy Rachel Gore to Appear Pro Hac Vice by Corteva, Inc., Dupont De Nemours, Inc., E.I. Dupont De Nemours and Company ( Filing fee $125; receipt number AKYEDC-5610534) (Robertson, W.) (Additional attachment(s) added on 7/25/2023: #1 Proposed Order) (JJ). [Transferred from Kentucky Eastern on 12/8/2023.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #14 MOTION for Amy Rachel Gore to Appear Pro Hac Vice by Corteva, Inc., Dupont De Nemours, Inc., E.I. Dupont De Nemours and Company ( Filing fee $125; receipt number AKYEDC-5610534) (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| BAR STATUS Check completed as to Amy R. Gore re #14 MOTION for Amy Rachel Gore to Appear Pro Hac Vice by Corteva, Inc., Dupont De Nemours, Inc., E.I. Dupont De Nemours and Company ( Filing fee $125; receipt number AKYEDC-5610534). (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 13 NOTICE TO ATTORNEY Amy R. Gore by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 LR 83.1, #2 LR 83.2)(JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 12 NOTICE TO ATTORNEY Kimbrilee Weber by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 LR 83.1, #2 LR 83.2)(JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 11 NOTICE TO ATTORNEY Margaret Raymond-Flood by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 LR 83.1, #2 LR 83.2)(JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| NOTICE OF ACTION BY CLERK DELETING A DOCUMENT FROM THE RECORD: The deleted document was entered on 7/19/2023. Document deleted because the Notice of Deficiency re 7.1 Disclosures was docket in Error. *CBD* cc: COR (CBD) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction by Corteva, Inc., Dupont De Nemours, Inc., E.I. Dupont De Nemours and Company, The Chemours Company, The Chemours Company FC, LLC (Attachments: #1 Exhibit EX A - Franklin Circuit Motion to Dismiss, #2 Proposed Order)(Danford, Daniel) [Transferred from Kentucky Eastern on 12/8/2023.] |
| NOTICE from the U.S. JUDICIAL PANEL ON MULTIDISTRICT LITIGATION: The Clerk of the Panel has determined the listed action(s) is not appropriate for inclusion in this MDL. See Rule 7.1(b)(i).-- MD/1:23-cv-01836, KYE/3:23-cv-00047. (CBD) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Clerk's Note re #1 Notice of Removal: MDL Panel notified by email with a copy of notice of removal, state court record & docket sheet. (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 9 NOTICE TO ATTORNEY Meghan A. Quinn by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 LR 83.1, #2 LR 83.2)(JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 8 NOTICE TO ATTORNEY Nathan A. Leber by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 LR 83.1, #2 LR 83.2)(JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 7 FRCP 7.1 DISCLOSURE STATEMENT by Corteva, Inc. (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 6 FRCP 7.1 DISCLOSURE STATEMENT by Dupont De Nemours, Inc. (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by The Chemours Company FC, LLC. (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by The Chemours Company. (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by E.I. Dupont De Nemours and Company. (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Filing 1 NOTICE OF REMOVAL from Franklin Circuit Court, case number 23-CI-00299. ( Filing fee $402; receipt number AKYEDC-5601628), filed by Dupont De Nemours, Inc., E.I. Dupont De Nemours and Company, Corteva, Inc., The Chemours Company FC, LLC, The Chemours Company. (Attachments: #1 Exhibit A - State Court Record, #2 Exhibit B - 3M AFFF Complaint, #3 Exhibit C - 3M NOR, #4 Exhibit D - 7/10/23 3M AFFF Docket Sheet, #5 Civil Cover Sheet)(JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
| Conflict Check run. (JJ) [Transferred from Kentucky Eastern on 12/8/2023.] |
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