Estate of John Henry Alvin et al v. Heritage Auction Inc. et al
| Estate of John Henry Alvin, Andrea Alvin, as Administrator of Estate, Andrea Mae Alvin, Individually, Andrea Alvin and Andrea Mae Alvin |
| Heritage Auction Inc., Daniel I Herman and Heritage Auction Inc |
| ADR Provider |
| 3:2021cv02681 |
| October 28, 2021 |
| US District Court for the Northern District of Texas |
| Barbara M G Lynn |
| Karen Gren Scholer |
| Torts/Pers Prop: Other Fraud |
| 28 U.S.C. § 1332 Diversity-Conversion |
| Plaintiff |
Docket Report
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| Case transferred from NDTX has been opened in Western District of Pennsylvania as case number 2:22-cv-00372. (mjr) |
Filing 65
Order Transferring to Another District: Case transferred to Division of Western District of Pennsylvania. (Ordered by Judge Karen Gren Scholer on 3/2/2022) (ndt)
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| Interdistrict Transfer to Western District of Pennsylvania; notice sent via email. All documents available electronically. If receiving court cannot upload, documents are available from PACER (record does not contain restricted documents). Counsel advised to file future documents in Western District of Pennsylvania. (ndt) |
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Filing 64
ORDER granting #48 Joint Motion for Dismissal Without Prejudice of Claims Against Heritage Auctions Inc. It is ORDERED that all of Plaintiffs' claims against Heritage are DISMISSED WITHOUT PREJUDICE. (Ordered by Judge Karen Gren Scholer on 2/24/2022) (mjr)
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Filing 63
AGREED PERMANENT INJUNCTION. (Ordered by Judge Karen Gren Scholer on 2/24/2022) (mjr)
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| Filing 62 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Telephone Status Conference held on 2/24/2022. Attorney Appearances: Plaintiff - Ariadne Montare, Patrick Yarborough; Defense - Steven Lockhart, John Blakely, Louise Geer. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - :14. (TUB) |
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Filing 61
ELECTRONIC ORDER: The Court RESETS the February 22, 2022 teleconference to February 24, 2022 at 1:00 PM central time. Dial-in information remains the same. (Ordered by Judge Karen Gren Scholer on 2/21/2022) (chmb)
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| Filing 60 Joint MOTION to Transfer Case out of District/Division and Related Stipulation between Plaintiffs and Defendant Herman filed by Daniel I Herman (Blakley, John) |
| Filing 59 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Motion Hearing held on 2/10/2022 re #48 Motion to Dismiss filed by Heritage Auction Inc, #47 Motion for Injunction, filed by Heritage Auction Inc. re: #48 Joint MOTION to Dismiss Without Prejudice of Claims Against Heritage Auctions, Inc., #47 Joint MOTION for Entry of Agreed Permanent Injunction Attorney Appearances: Plaintiff - Ariadne Montare, Patrick Yarborough; Defense - Steven Lockhart, John Blakely, Louise Geer. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - 1:05. (TUB) |
| Filing 58 REPLY filed by Andrea Mae Alvin re: #48 Joint MOTION to Dismiss Without Prejudice of Claims Against Heritage Auctions, Inc., #47 Joint MOTION for Entry of Agreed Permanent Injunction (Attachments: #1 Exhibit(s) Auction Consignment Agreement Executed by Daniel I. Herman on July 9, 2021) (Yarborough, Patrick) |
| Filing 57 REPLY filed by Heritage Auction Inc re: #48 Joint MOTION to Dismiss Without Prejudice of Claims Against Heritage Auctions, Inc., #47 Joint MOTION for Entry of Agreed Permanent Injunction (Attachments: #1 Exhibit(s) Exhibit 1) (McPhail, Stephanie) |
| Filing 56 Appendix in Support filed by Daniel I Herman re #55 Brief/Memorandum in Support of Motion, Corrected (Geer, Louise) |
| Filing 55 Brief/Memorandum in Support filed by Daniel I Herman re #52 Motion to Dismiss for Failure to State a Claim, #53 Brief/Memorandum in Support of Motion, (Attachments: #1 Exhibit(s) Corrected Declaration, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Declaration(s) Corrected Declaration) (Geer, Louise) |
| Filing 54 Appendix in Support filed by Daniel I Herman re #53 Brief/Memorandum in Support of Motion, (Geer, Louise) |
| Filing 53 Brief/Memorandum in Support filed by Daniel I Herman re #52 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Declaration(s)) (Geer, Louise) |
| Filing 52 Motion to Dismiss for Failure to State a Claim filed by Daniel I Herman (Attachments: #1 Exhibit(s), #2 Proposed Order) (Geer, Louise) |
| Filing 51 RESPONSE AND OBJECTION filed by Daniel I Herman re: #48 Joint MOTION to Dismiss Without Prejudice of Claims Against Heritage Auctions, Inc., #47 Joint MOTION for Entry of Agreed Permanent Injunction (Attachments: #1 Proposed Order) (Geer, Louise) |
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Filing 50
ELECTRONIC ORDER: The Court sets the #47 Joint Motion for Entry of Agreed Permanent Injunction and the #48 Joint Motion for Dismissal Without Prejudice of Claims Against Heritage Auction, Inc. ("Motions") on an expedited briefing schedule. Defendant Daniel I. Herman shall respond to the Motions on or before January 31, 2022. Any reply from Plaintiffs and/or Defendant Heritage Auction Inc., if necessary, shall be filed by February 7, 2022. The Motions are set for in-person hearing on February 10, 2022, at 3:00 p.m. Central Time. (Ordered by Judge Karen Gren Scholer on 1/20/2022) (chmb)
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| Filing 49 NOTICE of Defendant Herman's Opposition re: #48 Joint MOTION to Dismiss Without Prejudice of Claims Against Heritage Auctions, Inc., #47 Joint MOTION for Entry of Agreed Permanent Injunction filed by Daniel I Herman (Blakley, John) |
| Filing 48 Joint MOTION to Dismiss Without Prejudice of Claims Against Heritage Auctions, Inc. filed by Heritage Auction Inc. (McPhail, Stephanie) Modified text on 1/20/2022 (mjr). |
| Filing 47 Joint MOTION for Entry of Agreed Permanent Injunction filed by Heritage Auction Inc. (Attachments: #1 Exhibit(s) Exhibit A - Proposed Agreed Permanent Injunction) (McPhail, Stephanie) Docket text modified on 1/19/2022 (twd). Modified text on 1/20/2022 (mjr). |
| Filing 46 NOTICE of Change of Address for Attorney Donald Patrick Arthur Yarborough on behalf of Andrea Mae Alvin, Andrea Alvin, Estate of John Henry Alvin. (Filer confirms contact info in ECF is current.) (Yarborough, Donald Patrick) |
| Filing 45 NOTICE of Change of Address for Attorney John David Blakley on behalf of Daniel I Herman. (Filer will update contact info in ECF.) (Blakley, John) |
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Filing 44
ELECTRONIC ORDER: The Court granted #40 Defendant Daniel I. Herman's Motion to Extend Deadline to Respond to Plaintiffs' Second Amended Complaint. See ECF No. 43. As a result, the Court TERMINATES AS MOOT the duplicate filings #37 Defendant Daniel I. Herman's Motion to Extend Deadline to Respond to Plaintiffs' Second Amended Complaint and #39 Proposed Order Granting Defendant Daniel I. Herman's Motion to Extend Deadline to Respond to Plaintiffs' Second Amended Complaint. (Ordered by Judge Karen Gren Scholer on 12/31/2021) (chmb)
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Filing 43
ELECTRONIC ORDER: The Court GRANTS #40 Defendant Daniel I. Herman's Motion to Extend Deadline to Respond to Plaintiffs' Second Amended Complaint. Defendant Daniel I. Herman shall file his response to #35 Plaintiffs' Second Amended Complaint by February 3, 2022. (Ordered by Judge Karen Gren Scholer on 12/31/2021) (chmb)
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Filing 42
ELECTRONIC ORDER: The Court GRANTS #37 Defendant Heritage Auctions, Inc.s Unopposed Motion to Extend Deadline to Respond to Plaintiffs Second Amended Complaint. Defendant Heritage Auctions, Inc. shall file their response to #35 Plaintiffs Second Amended Complaint by January 19, 2022. (Ordered by Judge Karen Gren Scholer on 12/31/2021) (chmb)
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| Filing 41 RESPONSE filed by Estate of John Henry Alvin re: #38 MOTION to Expedite First MOTION to Extend Time to file responsive pleading to Second Amended Complaint (Yarborough, Donald Patrick) |
| Filing 40 MOTION for Extension of Time to File Response to #35 Amended Complaint filed by Daniel I Herman with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Geer, Louise) Modified event text on 1/3/2022 (jmg). |
| Filing 39 Proposed Order re: #38 MOTION to Extend Deadline to Respond to Plaintiff's Second Amended Complaint filed by Daniel I Herman (Geer, Louise) Modified event text on 1/3/2022 (jmg). |
| Filing 38 MOTION to Extend Deadline to Respond to Plaintiff's Second Amended Complaint filed by Daniel I Herman (Geer, Louise) Modified text on 1/3/2022 (jmg). |
| Filing 37 Unopposed Motion for Extension of Time to File Answer to Plaintiffs' Second Amended Complaint filed by Heritage Auction Inc with Brief/Memorandum in Support. (McPhail, Stephanie) |
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Filing 36
ELECTRONIC ORDER: As a result of #35 Plaintiffs' Second Amended Complaint, the Court TERMINATES AS MOOT #16 Defendant Daniel I. Herman's Motion Pursuant to Plaintiffs' First Amended Petition Pursuant to Fed. R. Civ. P. Rules 12(b)(2), and 12(b)(6) and for Joinder of Necessary Parties for Lack of Indispensable Parties under Rule 12(b)(7) and Rule 19. (Ordered by Judge Karen Gren Scholer on 12/22/2021) (chmb)
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| Filing 35 SECOND AMENDED COMPLAINT WITH JURY DEMAND against Heritage Auction Inc, Daniel I Herman filed by Estate of John Henry Alvin, Andrea Mae Alvin, Andrea Alvin. 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. (mjr) |
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Filing 34
ORDER granting #33 Motion for Leave to File Second Amended Complaint. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Karen Gren Scholer on 12/22/2021) (mjr)
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| Filing 33 MOTION for Leave to File Second Amended Complaint filed by Andrea Mae Alvin with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Plaintiffs' Second Amended Complaint, #2 Proposed Order) (Yarborough, Donald Patrick) |
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Filing 32
MEDIATION ORDER. The Court Appoints Kenneth Rubenstein as mediator. The parties are to complete mediation 90 days before trial. The mediator shall submit a report to the Court within five days. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. (Ordered by Judge Karen Gren Scholer on 12/7/2021) (jmg)
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Filing 31
ELECTRONIC ORDER: At the FRCP 16 Scheduling Conference held on December 6, 2021, the parties stipulated on the record that the Temporary Injunction entered in state court (Temporary Injunction) [ECF No. 1-3, Ex. K] in this case will remain in effect. Accordingly, it is ORDERED that the Temporary Injunction shall remain in force until trial on the merits of this case or further Order of this Court. (Ordered by Judge Karen Gren Scholer on 12/7/2021) (chmb)
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Filing 30
SCHEDULING ORDER: Jury Trial set for three-week docket beginning 1/23/2023 before Judge Karen Gren Scholer. Joinder of Parties due by 2/28/2022. Motions due by 9/23/2022. Discovery due by 8/29/2022. Pretrial Conference set for 1/12/2023 01:30 PM before Judge Karen Gren Scholer. The parties shall mediate this case before Ken Rubenstein at least 90 days before the Trial Setting. (Ordered by Judge Karen Gren Scholer on 12/6/2021) (jmg)
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Filing 29
ELECTRONIC ORDER: The Court GRANTS #27 Plaintiffs' Second Unopposed Motion to Extend Deadline to Respond to Defendant Daniel I. Herman's Motion to Dismiss. Plaintiffs shall file their response to the motion to dismiss by December 23, 2021. (Ordered by Judge Karen Gren Scholer on 12/6/2021) (chmb)
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| Filing 28 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Scheduling Conference held on 12/6/2021. Attorney Appearances: Plaintiff - Donald Yarborough; Defense - Steve Lockhart (Heritage Auction) and John Blakley (Daniel Herman). (Court Reporter: Tutti Bui) (No exhibits) Time in Court - :12. (TUB) |
| Filing 27 Second Unopposed MOTION to Extend Deadline to Respond to Defendant Daniel I. Herman's Motion to Dismiss filed by Estate of John Henry Alvin (Attachments: #1 Proposed Order Proposed Order) (Yarborough, Donald Patrick) Modified event text on 12/7/2021 (jmg). |
| Filing 26 Joint STATUS REPORT filed by Daniel I Herman. (Blakley, John) |
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Filing 25
ORDER granting #23 Motion for Leave of Court to Permit Ariadne S. Montare to Appear Pro Hac Vice without Dallas-Based Local Counsel. (Ordered by Judge Karen Gren Scholer on 12/1/2021) (ykp)
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Filing 24
ELECTRONIC ORDER granting #22 Application for Admission Pro Hac Vice of Ariadne Montare. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Karen Gren Scholer on 11/19/2021) (chmb)
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| Filing 23 Unopposed MOTION for Leave of Court to Permit Ariadne S. Montare to Appear Pro Hac Vice without Dallas-Based Local Counsel filed by Estate of John Henry Alvin. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Proposed Order) (Yarborough, Donald Patrick) Modified text on 11/19/2021 (mjr). |
| Filing 22 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Ariadne S. Montare (Filing fee $100; Receipt number 0539-12398291) filed by Estate of John Henry Alvin (Attachments: #1 Exhibit(s), #2 Proposed Order) (Yarborough, Donald Patrick) |
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Filing 21
ELECTRONIC ORDER: The Court GRANTS #20 Plaintiffs' Unopposed Motion to Extend Deadline to Respond to Defendant Daniel I. Herman's Motion to Dismiss. Plaintiffs shall file their response to the motion to dismiss by December 9, 2021. (Ordered by Judge Karen Gren Scholer on 11/16/2021) (chmb)
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| Filing 20 Unopposed MOTION for Extension of Time to File Response to Motion to Dismiss filed by Estate of John Henry Alvin with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Yarborough, Donald Patrick) |
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Filing 19
ELECTRONIC ORDER granting #11 Application for Admission Pro Hac Vice of Louise A. Geer. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Karen Gren Scholer on 11/12/2021) (chmb)
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| Filing 18 Appendix in Support filed by Daniel I Herman re #17 Brief/Memorandum in Support of Motion, (Geer, Louise) |
| Filing 17 Brief/Memorandum in Support filed by Daniel I Herman re #16 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit(s) Exhibit "A", #2 Exhibit(s) Exhibit "B", #3 Declaration(s) Declaration of Daniel I. Herman) (Geer, Louise) |
| Filing 16 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction () filed by Daniel I Herman (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Proposed Order) (Geer, Louise) |
| Filing 15 ***Please Disregard see document #18 for correction*** Appendix in Support filed by Daniel I Herman re #14 Brief/Memorandum in Support of Motion, (Geer, Louise) Modified on 11/12/2021 (ygl). |
| Filing 14 ***Please Disregard see document #17 for correction*** Brief/Memorandum in Support filed by Daniel I Herman re #13 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit(s) Exhibit "A", #2 Exhibit(s) Exhibit "B") (Geer, Louise) Modified text on 11/12/2021 (ygl). |
| Filing 13 ***Please Disregard see document #16 for correction*** MOTION to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Failure to State a Claim() filed by Daniel I Herman (Attachments: #1 Exhibit(s) Exhibit "A", #2 Exhibit(s) Exhibit "B") (Geer, Louise) Modified text on 11/12/2021 (ygl). |
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Filing 12
ORDER SETTING INITIAL HEARING: FRCP 16 Scheduling Conference set for 12/6/2021 12:30 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 11/9/2021) (axm)
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| Filing 11 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12363356) filed by Daniel I Herman (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order)Attorney Louise A Geer added to party Daniel I Herman(pty:dft) (Geer, Louise) |
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Filing 10
ORDER granting #5 Motion for Extension of Time to File Answer re #1 (Complaint) Notice of Removal. Daniel I Herman answer due 11/11/2021. (Ordered by Judge Karen Gren Scholer on 11/4/2021) (ykp)
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| Filing 9 NOTICE of Consent to Removal re: #1 Notice of Removal filed by Heritage Auction Inc. (McPhail, Stephanie) |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Heritage Auction Inc. identifying Corporate Parent/Other Affiliate Heritage Capital Corporation for Heritage Auction Inc.. (McPhail, Stephanie) |
| Filing 7 ANSWER to Complaint filed by Heritage Auction Inc.. 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. Attorney Stephanie Lee McPhail added to party Heritage Auction Inc.(pty:dft) (McPhail, Stephanie) |
| Filing 6 NOTICE of Attorney Appearance by Donald Patrick Arthur Yarborough for Ariadne S. Montare on behalf of Andrea Mae Alvin. (Yarborough, Donald Patrick) |
| Filing 5 Unopposed Motion for Extension of Time to File Answer or other Response to Complaint filed by Daniel I Herman with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Blakley, John) |
| Filing 4 Court Request for Recusal: Chief Judge Barbara M. G. Lynn recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Karen Gren Scholer for all further proceedings. Future filings should indicate the case number as: 3:21-cv-2681-S. (cea) |
| Filing 3 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (jmg) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Daniel I Herman. (Blakley, John) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Daniel I Herman. (Filer fee note- Clerk to add prior fee payment info here.) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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 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. (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement, #3 Exhibit(s) Index) (Blakley, John) |
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