Napoli v. CBS Corporation
| Michael D. Napoli |
| CBS Corporation |
| ADR Provider |
| 3:2017cv01106 |
| April 26, 2017 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Barbara MG Lynn |
| Torts/Pers Prop: Other Fraud |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on April 24, 2019. A more recent docket listing may be available from PACER.
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Filing 86
ORDER denying as moot #84 Motion to Permanently Seal Documents (Ordered by Chief Judge Barbara M.G. Lynn on 4/24/2019) (rekc)
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| Filing 85 STIPULATION OF DISMISSAL (with prejudice) by CBS Corporation. (Caisman, Lauren) |
| Civil Case Terminated per #85 Stipulation of Dismissal. (axm) |
| Filing 84 MOTION Permanently Seal Documents (Joint) filed by CBS Corporation with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Caisman, Lauren) |
| Filing 83 (Document Restricted) Sealed Declaration of John W Thomas in Support of Attorney Fees and Costs filed by CBS Corporation, Michael D. Napoli (ykp) |
| Filing 82 (Document Restricted) Sealed Settlement Agreement and Release filed by CBS Corporation, Michael D. Napoli. (ykp) |
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Filing 81
ORDER granting #75 MOTION Approve Settlement (Joint); granting sealed and/or ex parte motion 76 . (Clerk to enter the sealed and/or ex parte document as of the date of this order.) (Ordered by Chief Judge Barbara M.G. Lynn on 4/16/2019) (ykp)
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Filing 80
Order granting #77 Motion to Approve Payment of Attorney's Fees and Costs. (Ordered by Chief Judge Barbara M.G. Lynn on 4/16/2019) (ykp)
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Filing 79
(Document Restricted) Sealed Order granting #77 Motion to Approve Payment of Attorney's Fees and Costs. (Ordered by Chief Judge Barbara M.G. Lynn on 4/16/2019) (ykp)
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| Filing 78 AMENDED DOCUMENT by Michael D. Napoli. Amendment to #77 MOTION for Attorney Fees and Costs. Amended only Ex. A with signature to Declaration of John Thomas. (Thomas, John) |
| Filing 77 MOTION for Attorney Fees and Costs filed by Michael D. Napoli (Attachments: #1 Exhibit(s) Declaration of John Thomas, #2 Proposed Order) (Thomas, John) |
| Filing 75 MOTION Approve Settlement (Joint) filed by CBS Corporation with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Caisman, Lauren) |
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Filing 74
AMENDED SCHEDULING ORDER: This case is set for bench trial on this Court's three-week docket beginning 9/26/2019 09:00 AM before Chief Judge Barbara M.G. Lynn. All Fact Discovery due by 6/26/2019. All expert discovery due by 8/16/2019. Pretrial Order due by 9/5/2019. Pretrial Materials due by 9/5/2019. Pretrial Conference set for 9/26/2019 08:30 AM before Chief Judge Barbara M.G. Lynn. (Ordered by Chief Judge Barbara M.G. Lynn on 3/18/2019) (ndt)
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| Filing 73 Proposal for contents of scheduling and discovery order AGREED AMENDED PROPOSED SCHEDULING ORDER by CBS Corporation. (Caisman, Lauren) |
| Filing 72 Proposal for contents of scheduling and discovery order AGREED AMENDED PROPOSED SCHEDULING ORDER by Michael D. Napoli. (Thomas, John) |
| Filing 71 Joint STATUS REPORT Regarding Mediation filed by CBS Corporation. (Caisman, Lauren) |
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Filing 70
ORDER granting #69 Motion to Reset Trial Date and Discovery Deadlines After Mediation Takes Place. The trial date and all other deadlines in the Scheduling Order (ECF No. #29 ) are VACATED. The parties shall notify the Court as to whether the parties have settled by February 27, 2019. If the parties have not settled, the parties shall file an Agreed Amended Proposed Scheduling Order by March 8, 2019. (Ordered by Chief Judge Barbara M.G. Lynn on 2/13/2019) (ndt)
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| Filing 69 MOTION Reset Trial Date and Discovery Deadlines After Mediation Takes Place Feb. 25 filed by Michael D. Napoli (Attachments: #1 Proposed Order) (Thomas, John) |
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Filing 68
ORDER denying #30 Motion for Partial Summary Judgment. (Ordered by Chief Judge Barbara M.G. Lynn on 1/22/2019) (axm)
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| Filing 67 RESPONSE filed by CBS Corporation re: #66 Post-Hearing Brief on Plaintiff's Motion for Partial Summary Judgment. (Caisman, Lauren) |
| Filing 66 Post-Hearing Brief on Plaintiff's Motion for Summary Judgment filed by Michael D. Napoli re #30 MOTION for Summary Judgment. (Thomas, John) Modified text and linkage on 10/9/2018 (axm). |
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Filing 65
ORDER granting #61 Motion for Leave to File. Plaintiff is ordered to file the supplemental brief by 9/28/2018. Defendant may file a response to the supplemental brief by 10/8/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 9/26/2018) (epm)
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| Filing 64 Brief/Memorandum in Support filed by CBS Corporation re #63 Response/Objection (Caisman, Lauren) |
| Filing 63 RESPONSE filed by CBS Corporation re: #61 MOTION for Leave to File Post-Hearing Brief on Plaintiff's Motion for Partial Summary Judgment (Attachments: #1 Proposed Order) (Caisman, Lauren) |
| Filing 62 NOTICE of Intent to File Opposition re: #61 MOTION for Leave to File Post-Hearing Brief on Plaintiff's Motion for Partial Summary Judgment filed by CBS Corporation (Caisman, Lauren) |
| Filing 61 MOTION for Leave to File Post-Hearing Brief on Plaintiff's Motion for Partial Summary Judgment filed by Michael D. Napoli (Attachments: #1 Post Hearing Brief, #2 Proposed Order) (Thomas, John) |
| Filing 60 ELECTRONIC Minute Entry for hearing on Plaintiff's Motion for Partial Summary Judgment held on August 27, 2018, before Chief Judge Barbara M.G. Lynn: Attorney Appearances: John Thomas appeared for Plaintiff; Brian Sher and Lauren Caisman appeared for Defendant. (Court Reporter: Keith Johnson). The issues are taken under advisement. Time of hearing 1:35. (chmb) |
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Filing 59
ORDER: Oral argument on Plaintiff's Motion for Partial Summary Judgment [ECF No. #30 ] is RESET for 8/27/2018, at 9:00 AM. Counsel should convene in Courtroom 1570, Earle Cabell Federal Building, 1100 Commerce St., Dallas, Texas, and should be prepared to argue the aforementioned motion. (Ordered by Chief Judge Barbara M.G. Lynn on 8/2/2018) (zkc)
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| Filing 58 Brief/Memorandum in Support filed by Michael D. Napoli re #57 Reply (Thomas, John) |
| Filing 57 REPLY filed by Michael D. Napoli re: #30 MOTION for Summary Judgment (Thomas, John) |
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Filing 56
ORDER: Oral argument on Plaintiff's Motion for Partial Summary Judgment [ECF No. #30 ] is RESET for 8/14/2018, at 2:00 PM. Counsel should convene in Courtroom 1570, Earle Cabell Federal Building, 1100 Commerce St., Dallas, Texas, and should be prepared to argue the aforementioned motion. (Ordered by Chief Judge Barbara M.G. Lynn on 7/9/2018) (aaa)
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Filing 55
ORDER: Oral argument on Plaintiff's Motion for Partial Summary Judgment [ECF No. #30 ] is RESET for 8/16/2018, at 2:00 PM. Counsel should convene in Courtroom 1570, Earle Cabell Federal Building, 1100 Commerce St., Dallas, Texas, and should be prepared to argue the aforementioned motion. (Ordered by Chief Judge Barbara M.G. Lynn on 7/5/2018) (aaa)
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Filing 54
ORDER: Before the Court is Defendant's Unopposed Request for Leave to File Supplemental Brief [ECF No. 50]. The Request is GRANTED. Defendant has leave to file its Supplemental Brief. (Ordered by Chief Judge Barbara M.G. Lynn on 7/3/2018) (epm)
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Filing 53
ORDER: Reply to #30 MOTION for Summary Judgment due by 7/10/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 7/3/2018) (epm) Modified docket text on 7/9/2018 (chmb).
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| Filing 52 Joint STIPULATION of Extension to File Plaintiff's Reply by Michael D. Napoli. (Thomas, John) |
| Filing 51 Appendix in Support filed by CBS Corporation re #45 Response/Objection (Supplemental) (Attachments: #1 Exhibit(s) 1-28, #2 Exhibit(s) 29-48, #3 Exhibit(s) 49) (Caisman, Lauren) |
| Filing 50 Brief/Memorandum in Support filed by CBS Corporation re #45 Response/Objection (Supplemental) (Caisman, Lauren) |
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Filing 49
ORDER: re: #48 Notice. Before the Court is Defendant's Request for Oral Argument. The Request is GRANTED. Motion Hearing set for 9/4/2018 01:30 PM in US Courthouse, Courtroom 1570, 1100 Commerce St., Dallas, TX 75242-1310 before Chief Judge Barbara M.G. Lynn. (Ordered by Chief Judge Barbara M.G. Lynn on 6/26/2018) (ndt)
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| Filing 48 NOTICE of Request for Oral Argument on Motion for Partial Summary Judgment filed by CBS Corporation (Caisman, Lauren) |
| Filing 47 Appendix in Support filed by CBS Corporation re #45 Response/Objection (Attachments: #1 Exhibit(s) 1-28, #2 Exhibit(s) 29-48) (Caisman, Lauren) |
| Filing 46 Brief/Memorandum in Support filed by CBS Corporation re #45 Response/Objection to Motion for Partial Summary Judgment (Caisman, Lauren) |
| Filing 45 RESPONSE filed by CBS Corporation re: #30 MOTION for Summary Judgment (Attachments: #1 Proposed Order) (Caisman, Lauren) |
| Filing 44 Joint STIPULATION of Agreement for Telephonic Depositions of Non-Parties by Michael D. Napoli. (Thomas, John) |
| Filing 43 Designation of Mediator by CBS Corporation and Ferdose al-Tai, Special Receiver for The Ticket Reserve. (Caisman, Lauren) Modified text/filers on 5/23/2018 (dsr). |
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Filing 42
ELECTRONIC ORDER granting #35 Application for Admission Pro Hac Vice of Brian Sher. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 5/23/2018) (chmb)
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Filing 41
ELECTRONIC ORDER granting #34 Application for Admission Pro Hac Vice of Lauren J Caisman. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 5/23/2018) (chmb)
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Filing 40
ORDER: The Court orders the parties to select a mediator and file, by 5/25/2018, the name and address of the mediator they have chosen. The parties must then mediate in Dallas by 7/13/2018, although the Court encourages the parties to do so by 6/22/2018. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. (Ordered by Chief Judge Barbara M.G. Lynn on 5/16/2018) (sss)
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| Filing 39 Joint STATUS REPORT on Settlement Discussions filed by CBS Corporation. (Attachments: #1 Exhibit(s)) (Spaniol, Andrew) |
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Filing 38
ORDER: Before the Court is Defendant's Motion to Stay Summary Judgment Briefing [ECF No. 36]. The Motion is GRANTED IN PART and DENIED IN PART. Responses due by 6/22/2018 re: #30 MOTION for Summary Judgment (Ordered by Chief Judge Barbara M.G. Lynn on 5/3/2018) (ykp)
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| Filing 37 ADDITIONAL ATTACHMENTS Exhibits A-C to #36 Motion to Stay Summary Judgment Briefing or Deny Plaintiff's Motion for Partial Summary Judgment without Prejudice by Defendant CBS Corporation. (Spaniol, Andrew) Modified event text on 5/3/2018 (axm). |
| Filing 36 MOTION to Stay Summary Judgment Briefing or Deny Plaintiff's Motion for Partial Summary Judgment without Prejudice filed by CBS Corporation with Brief/Memorandum in Support. (Spaniol, Andrew) Modified docket text on 5/3/2018 (cea). |
| Filing 35 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9163646) filed by CBS Corporation (Attachments: #1 Proposed Order)Attorney Brian Sher added to party CBS Corporation(pty:dft) (Sher, Brian) |
| Filing 34 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9163586) filed by CBS Corporation (Attachments: #1 Proposed Order Proposed Order)Attorney Lauren J Caisman added to party CBS Corporation(pty:dft) (Caisman, Lauren) |
| Filing 33 NOTICE of NOTICE OF CHANGE OF FIRM NAME AND E-MAIL ADDRESS filed by CBS Corporation (Spaniol, Andrew) |
| Filing 32 Appendix in Support filed by Michael D. Napoli re #30 MOTION for Summary Judgment (Attachments: #1 Exhibit(s) Volume I, #2 Exhibit(s) Volume II, #3 Exhibit(s) Volume III, #4 Exhibit(s) Volume IV) (Thomas, John) |
| Filing 31 Brief/Memorandum in Support filed by Michael D. Napoli re #30 MOTION for Summary Judgment (Thomas, John) |
| Filing 30 MOTION for Summary Judgment filed by Michael D. Napoli with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Proposed MSJ Order) (Thomas, John) |
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Filing 29
***VACATED per #70 ORDER*** SCHEDULING ORDER: This case is set for jury trial on this Court's three-week docket beginning 3/25/2019 09:00 AM before Chief Judge Barbara M.G. Lynn. Joinder of Parties due by 5/12/2018. Amended Pleadings due by 4/12/2018. Dispositive Motions due by 12/25/2018. Fact Discovery due by 9/13/2018. Expert Discovery due by 12/13/2018. Settlement Status Report due by 5/12/2018. Pretrial Order due by 3/4/2019. Pretrial Materials due by 3/4/2019. Pretrial Conference set for 3/22/2019 09:00 AM before Chief Judge Barbara M.G. Lynn. (Ordered by Chief Judge Barbara M.G. Lynn on 3/13/2018) (ndt) (Additional attachment(s) added on 3/13/2018: #1 Additional Page(s)) (ndt). Modified text on 3/21/2018 (ndt). Modified on 2/13/2019 (ndt).
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| Filing 28 Joint STATUS REPORT Regarding Rule 26(f) Conference filed by Michael D. Napoli. (Thomas, John) |
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Filing 27
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Proposed Scheduling Order due by 3/5/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 2/10/2018) (svc) #1 Additional Page(s)
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| Filing 26 ANSWER to #1 Complaint, with Jury Demand filed by CBS Corporation. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Spaniol, Andrew) |
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Filing 24
ORDER granting in part and denying in part #14 Partial Motion to Dismiss. Plaintiff's IUFTA claims are not barred on statute of limitations grounds. However, because Plaintiff's claim for unjust enrichment is barred by the voluntary payment doctrine and the express contract between TTR and Defendant, the claim is DISMISSED WITH PREJUDICE. (Ordered by Chief Judge Barbara M.G. Lynn on 12/11/2017) (rekc)
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Filing 23
ORDER granting #22 Motion to Withdraw as Attorney. Lisa M. Marshall is withdrawn as counsel of record for Defendant. (Ordered by Chief Judge Barbara M.G. Lynn on 11/14/2017) (ams)
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| Filing 22 MOTION to Withdraw as Attorney filed by CBS Corporation. (Attachments: #1 Proposed Order) (Spaniol, Andrew) |
| Filing 21 NOTICE of Attorney Appearance by Andrew G Spaniol on behalf of CBS Corporation. (Filer confirms contact info in ECF is current.) (Spaniol, Andrew) |
| Filing 20 STATUS REPORT JOINT REPORT REGARDING RULE 26(f) CONFERENCE filed by CBS Corporation. (Aurzada, Keith) |
| Filing 19 REPLY filed by CBS Corporation re: #14 Motion to Dismiss for Failure to State a Claim (Aurzada, Keith) |
| Filing 18 STIPULATION OF EXTENSION by CBS Corporation. (Aurzada, Keith) |
| Filing 17 Appendix in Support filed by Michael D. Napoli re #16 Response/Objection to Defendant's Partial Motion to Dismiss (Thomas, John) |
| Filing 16 RESPONSE filed by Michael D. Napoli re: #14 Motion to Dismiss for Failure to State a Claim (Thomas, John) |
| Filing 15 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CBS Corporation. (Aurzada, Keith) |
| Filing 14 Motion to Dismiss for Failure to State a Claim filed by CBS Corporation with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)) (Aurzada, Keith) |
| Filing 13 ANSWER to Complaint (Notice of Removal) filed by CBS Corporation. (Aurzada, Keith) |
| Filing 12 JOINT STIPULATION OF EXTENSION by CBS Corporation. (Aurzada, Keith) Docket text modified on 6/6/2017 (twd). |
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Filing 11
ORDER granting Defendant's #8 Motion for Extension of Time: The deadline for Defendant to answer or otherwise respond to the Complaint is 6/9/2017. (Ordered by Chief Judge Barbara M.G. Lynn on 5/19/2017) (twd)
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| Filing 10 Appendix in Support filed by Michael D. Napoli re #9 Response/Objection (Thomas, John) |
| Filing 9 RESPONSE filed by Michael D. Napoli re: #8 Motion for Extension of Time to File Answer. (Attachments: #1 Proposed Order) (Thomas, John) |
| Filing 8 Motion for Extension of Time to File Answer filed by CBS Corporation (Attachments: #1 Proposed Order) Attorney Keith Miles Aurzada added to party CBS Corporation(pty:dft) (Aurzada, Keith) Modified title on 5/18/2017 (axm). |
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Filing 7
ORDER TRANSFERRING CASE. In light of Plaintiff's Notice of Related Case (Doc. 3), the above-referenced matter is TRANSFERRED to the docket of the Honorable Chief Judge Barbara M. G. Lynn. Judge Jane J. Boyle no longer assigned to case. (Ordered by Judge Jane J. Boyle on 4/28/2017) (ykp)
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| Filing 6 ADDITIONAL ATTACHMENTS to #1 Complaint,,,, by Plaintiff Michael D. Napoli. (Thomas, John) |
| Filing 5 Summons Issued as to CBS Corporation. (ykp) |
| Filing 4 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (ykp) |
| Filing 3 NOTICE of Related Case filed by Michael D. Napoli (Thomas, John) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Michael D. Napoli. (Thomas, John) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Michael D. Napoli. (Filing fee $400; Receipt number 0539-8372266) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Thomas, John) |
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