Gross et al v. Keen Group Solutions, LLC
Petitioner: Bill Cutterz LLC and Barry Gross
Respondent: Keen Group Solutions, LLC
Case Number: 4:2018cv02632
Filed: July 31, 2018
Court: U.S. District Court for the Southern District of Texas
Office: Houston Office
County: Harris
Presiding Judge: Vanessa D Gilmore
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 9 U.S.C. § 9 Motion to Confirm Arbitration Award
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2022 Filing 72 NOTICE of Appearance by Jack Balderson, Jr. and Jeffrey C. Tasker on behalf of Bill Cutterz LLC, Barry Gross, filed. (Balderson, Jack)
December 27, 2021 Opinion or Order Filing 71 Order of USCA; Per Curiam re: #65 Notice of Appeal ; USCA No. 20-20594. Because this court lacks appellate jurisdiction, we DISMISS, filed.(scastillo, 1)
December 27, 2021 Opinion or Order Filing 70 Order of USCA; Judgment issued as mandate 12/27/2021 re: #65 Notice of Appeal ; USCA No. 20-20594. IT IS ORDERED and ADJUDGED that the appeal is DISMISSED. IT IS FURTHER ORDERED that appellant pay to appellees the costs on appeal to be taxed by the Clerk of this Court, filed.(scastillo, 1)
April 13, 2021 Electronic Access to Record on Appeal Provided re: #65 Notice of Appeal to Jack Balderson, Jr.. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 20-20594), filed.(dnoriega, 1)
April 9, 2021 Electronic Access to Record on Appeal Provided re: #65 Notice of Appeal to Jeffrey Charles Tasker. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 20-20594), filed.(dnoriega, 1)
December 2, 2020 Opinion or Order Filing 69 ORDER denying as moot #68 Motion to Stay Proceedings on Appeal. The case is on appeal and has been closed. No action can be taken on this case at this time. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
December 1, 2020 Electronic Access to Record on Appeal Provided re: #65 Notice of Appeal to Brian Casper; Christian Cowart; Darin Klemchuk. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 20-20594), filed.(dnoriega, 1)
December 1, 2020 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #65 Notice of Appeal USCA No. 20-20594, filed.(dnoriega, 1)
November 23, 2020 Notice of Assignment of USCA No. 20-20594 re: #65 Notice of Appeal, filed.(dnoriega, 1)
November 18, 2020 Filing 68 MOTION to Stay Proceedings Pending Appeal and Brief in Support by Keen Group Solutions, LLC, filed. Motion Docket Date 12/9/2020. (Attachments: #1 Proposed Order)(Casper, Brian)
November 16, 2020 Filing 67 DKT13 TRANSCRIPT ORDER REQUEST by Defendant Keen Group Solutions, LLC. No hearings This order form relates to the following: #65 Notice of Appeal, filed. (Cowart, Christian)
November 16, 2020 Filing 66 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #65 Notice of Appeal. Fee status: Paid, filed. (Attachments: #1 Notice of Appeal, #2 Order of Denial) (dbenavides, 1)
November 16, 2020 Appeal Review Notes re: #65 Notice of Appeal. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.No hearings were held in the case - no transcripts., filed.(dbenavides, 1)
November 13, 2020 Filing 65 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #64 Order on Motion for Relief from Judgment by Keen Group Solutions, LLC (Filing fee $ 505, receipt number 0541-25510567), filed.(Cowart, Christian)
October 19, 2020 Opinion or Order Filing 64 ORDER denying #61 Motion for Relief from Judgment; granting #62 Motion to Compel Answers to Post-Judgment Discovery. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
May 7, 2020 Filing 63 REPLY in Support of #61 Opposed MOTION for Relief from Judgment, filed by Keen Group Solutions, LLC. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H, #5 Exhibit I)(Casper, Brian)
April 30, 2020 Filing 62 RESPONSE to #61 Opposed MOTION for Relief from Judgment filed by Bill Cutterz LLC, Barry Gross. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Ferebee, William)
April 10, 2020 Filing 61 Opposed MOTION for Relief from Judgment by Keen Group Solutions, LLC, filed. Motion Docket Date 5/1/2020. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Proposed Order Proposed Order)(Casper, Brian)
March 9, 2020 Opinion or Order Filing 60 ORDER granting #59 Motion to Substitute Attorney Attorney Bradley McMahon Kirklin is withdrawn. (Signed by Judge Vanessa D Gilmore) Parties notified.(gclair, 4)
March 6, 2020 Filing 59 Unopposed MOTION for Bradley M. Kirklin to Withdraw as Attorney( Motion Docket Date 3/27/2020.), Unopposed MOTION to Substitute Attorney Darin Klemchuk, Brian Casper in place of Bradley M. Kirklin by Keen Group Solutions, LLC, filed. (Attachments: #1 Proposed Order)(Kirklin, Bradley)
February 28, 2020 Filing 58 NOTICE to Take Deposition of Corporate Representative of Keen Group Solutions, LLC by Barry Gross, filed. (Ferebee, William)
January 21, 2020 Disbursement of Registry Funds to BillCutterz, LLC and Barry Gross in the amount of $602,224.92 on 1/21/2020 re: #57 Order on Motion for Disbursement of Funds, filed. (knguyen, 4)
January 14, 2020 Opinion or Order Filing 57 ORDER granting #48 Motion for Disbursement of Funds. (Signed by Judge Vanessa D Gilmore) Parties notified.(gclair, 4)
January 14, 2020 Filing 56 Amended PROPOSED ORDER re: #48 MOTION for Disbursement of Funds, filed.(Ferebee, William)
January 10, 2020 Filing 55 RESPONSE to #48 MOTION for Disbursement of Funds filed by Keen Group Solutions, LLC. (Attachments: #1 Exhibit A)(Kirklin, Bradley)
January 6, 2020 Opinion or Order Filing 54 Order of USCA - Per Curiam re: #29 Notice of Appeal ; USCA No. 19-20048. We affirm, filed.(mperez, 1)
January 6, 2020 Opinion or Order Filing 53 Order of USCA; Judgment issued as mandate 1/6/2020 re: #29 Notice of Appeal ; USCA No. 19-20048. It is ordered and adjudged that the judgment of the District Court is affirmed, filed.(mperez, 1)
January 6, 2020 Filing 52 PROPOSED ORDER Directing Release of Funds re: #48 MOTION for Disbursement of Funds, filed.(Ferebee, William)
January 2, 2020 Opinion or Order Filing 51 Order of USCA re: #29 Notice of Appeal ; USCA No. 19-20048. The appeallant's motion for stay of the mandate pending petition for writ of certiorari is denied, filed.(JenniferLongoria, 1)
December 27, 2019 Filing 50 OBJECTIONS to #49 Notice of Deposition of Corporate Representative and Subpoena Duces Tecum, filed by Keen Group Solutions, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kirklin, Bradley)
December 20, 2019 Filing 49 NOTICE to Take Deposition of Corporate Representative of Keen Group Solutions, LLC by Bill Cutterz LLC, Barry Gross, filed. (Ferebee, William)
December 20, 2019 Filing 48 MOTION for Disbursement of Funds by Bill Cutterz LLC, Barry Gross, filed. Motion Docket Date 1/10/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ferebee, William)
April 30, 2019 Opinion or Order Filing 47 ORDER granting #44 Motion to Unseal Portions of the Record. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
April 29, 2019 Filing 46 Transmittal Letter on Appeal re: #29 Notice of Appeal. The electronic record on CD is being sent to William C. Ferebee, counsel for Appellees via regular mail, filed. (jtabares, 1)
April 26, 2019 Opinion or Order Filing 45 Order of USCA re: #29 Notice of Appeal ; USCA No. 19-20048. IT IS ORDERED that appellee's unopposed motion to view and obtain sealed documents is GRANTED, filed.(jtabares, 1)
April 26, 2019 Filing 44 MOTION to Unseal Portions of the Record by Bill Cutterz LLC, Barry Gross, filed. Motion Docket Date 5/17/2019. (Funkhouser, Catherine)
March 19, 2019 Filing 43 Transmittal Letter on Appeal re: #29 Notice of Appeal. The sealed portion of the electronic record on CD is being sent to Bradley Kirklin, counsel for appellant via regular mail. (USCA No. 19-20048), filed. (JenniferLongoria, 1)
March 19, 2019 Opinion or Order Filing 42 Order of USCA re: #29 Notice of Appeal ; USCA No. 19-20048. Appellant's unopposed motion to view and obtain sealed documents is granted, filed.(JenniferLongoria, 1)
March 14, 2019 Deposit made into the Registry of the Court by Henneman Rau LLP in the amount of $$591,407.88, receipt number HOU087185 re: #37 Order on Motion to Stay,, filed. (kpicota, 4)
March 1, 2019 Filing 41 RESPONSE in Opposition to #40 MOTION for Protective Order, filed by Bill Cutterz LLC, Barry Gross. (Attachments: #1 Exhibit Exhiibit A - 5th Circuit Court Order, #2 Exhibit Exhibit B - Florida Suit Settlement, #3 Proposed Order Proposed Order Ordering Oral Deposition)(Funkhouser, Catherine)
March 1, 2019 Minute Entry for proceedings held before Judge Vanessa D Gilmore. TELEPHONE CONFERENCE held on 3/1/2019 regarding #39 Letter MOTION for Protective Order. The Court orders the deposition to take place in Houston on March 15, 2019 at the office of Bradley Kirklin. Appearances: William Ferebee, Bradley McMahon Kirklin. (Court Reporter: Mayra Malone), filed.(bthomas, 4)
February 28, 2019 Filing 40 MOTION for Protective Order by Keen Group Solutions, LLC, filed. Motion Docket Date 3/21/2019. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Proposed Order Order Granting Motion for Protection)(Kirklin, Bradley)
February 28, 2019 Filing 39 MOTION for Protective Order by Keen Group Solutions, LLC, filed. Motion Docket Date 3/21/2019. (Kirklin, Bradley)
February 28, 2019 Opinion or Order Filing 38 Order of USCA - PER CURIAM - re: #29 Notice of Appeal; USCA No. 19-20048. It is ORDERED that Appellant's opposed motion for stay pending appeal is DENIED. It is further ORDERED that Appellant's opposed motion that the Court confirm the sufficiency of $148,378.40 cash deposit in lieu of bond to stay execution upon the final judgment is DENIED. It is further ORDERED that Appellant's opposed motion that the Court enter an order precluding and suspending any and all efforts by Appellees, Bill Cutterz, LLC and Barry Gross to collect on and/or execute on the final judgment when the $148,378.40 is deposited into the Court is DENIED as MOOT, filed. (rnieto, 1)
February 20, 2019 Opinion or Order Filing 37 ORDER denying #31 Motion to Stay of Execution on the Final Judgment and Motion to Confirm Sufficiency of Cash Deposit in Lieu of Bond. Respondent is ORDERED to post a Bond or Cash Security of $591,407.88 to secure a Stay of Execution during the appeal. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
February 19, 2019 Filing 36 RESPONSE to #31 MOTION to Stay of Execution on the Final Judgment and Motion to Confirm Sufficiency of Cash Deposit in Lieu of Bond , filed by Keen Group Solutions, LLC. (Kirklin, Bradley)
February 19, 2019 Filing 35 SURREPLY to #31 MOTION to Stay of Execution on the Final Judgment and Motion to Confirm Sufficiency of Cash Deposit in Lieu of Bond, filed by Bill Cutterz LLC, Barry Gross. (Attachments: #1 Exhibit Docket Report for Case #1:18-cv-24761-KMM (S.D. Fla.), #2 Exhibit E-mail from Ferebee to Kirkland, #3 Exhibit Keen Complaint)(Funkhouser, Catherine)
February 13, 2019 Filing 34 REPLY in Support of #31 MOTION to Stay of Execution on the Final Judgment and Motion to Confirm Sufficiency of Cash Deposit in Lieu of Bond, filed by Keen Group Solutions, LLC. (Kirklin, Bradley)
February 13, 2019 Electronic Access to Record on Appeal Provided re: #29 Notice of Appeal to William Ferebee, and Bradley Kirklin. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 19-20048), filed.(scastillo, 1)
February 13, 2019 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #29 Notice of Appeal USCA No. 19-20048, filed.(scastillo, 1)
February 12, 2019 Filing 33 REPLY in Support of #31 MOTION to Stay of Execution on the Final Judgment and Motion to Confirm Sufficiency of Cash Deposit in Lieu of Bond, filed by Keen Group Solutions, LLC. (Kirklin, Bradley)
February 7, 2019 Filing 32 RESPONSE in Opposition to #31 MOTION to Stay of Execution on the Final Judgment and Motion to Confirm Sufficiency of Cash Deposit in Lieu of Bond, filed by Bill Cutterz LLC, Barry Gross. (Attachments: #1 Exhibit Arbitrator Vogel Award July 16, 2018, #2 Exhibit Final Judgment Judge Gilmore 12.19)(Funkhouser, Catherine)
January 29, 2019 Notice of Assignment of USCA No. 19-20048 re: #29 Notice of Appeal, filed.(scastillo, 1)
January 18, 2019 Filing 31 MOTION to Stay of Execution on the Final Judgment and Motion to Confirm Sufficiency of Cash Deposit in Lieu of Bond by Keen Group Solutions, LLC, filed. Motion Docket Date 2/8/2019. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Kirklin, Bradley)
January 18, 2019 Filing 30 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #29 Notice of Appeal. Fee status: Paid, filed. (dnoriega, 1)
January 18, 2019 Appeal Review Notes re: #29 Notice of Appeal. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.No hearings were held in the case - no transcripts. Number of DKT-13 Forms expected: 1, filed.(dnoriega, 1)
January 17, 2019 Filing 29 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #28 Final Judgment by Keen Group Solutions, LLC (Filing fee $ 505, receipt number 0541-21678981), filed.(Kirklin, Bradley)
December 19, 2018 Filing 28 FINAL JUDGMENT. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
December 19, 2018 Opinion or Order Filing 27 ORDER granting #10 Petitioner's Motion to Confirm the AAA Arbitration Award; denying #15 Motion to Vacate and Modify AAA Arbitration Award. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
November 27, 2018 Filing 26 Joint JOINT DISCOVERY/CASE MANAGEMENT PLAN by Bill Cutterz LLC, Barry Gross, filed.(Ferebee, William)
November 12, 2018 Filing 25 SURREPLY to #15 MOTION to Vacate MOTION to Modify AAA Arbitration Award, filed by Bill Cutterz LLC, Barry Gross. (Funkhouser, Catherine)
November 7, 2018 Filing 24 ANSWER to #1 Complaint by Keen Group Solutions, LLC, filed.(Kirklin, Bradley)
November 6, 2018 Filing 23 REPLY in Support of #15 MOTION to Vacate MOTION to Modify AAA Arbitration Award, filed by Keen Group Solutions, LLC. (Kirklin, Bradley)
November 1, 2018 Filing 22 Sealed Exhibit H - Counterclaims re: #18 Response, filed by Bill Cutterz LLC, Barry Gross. Modified on 11/27/2018 (bthomas, 4).
November 1, 2018 Filing 21 Sealed Exhibit G - Keen's Demand for Arbitration re: #18 Response, filed by Bill Cutterz LLC, Barry Gross. Modified on 11/27/2018 (bthomas, 4).
November 1, 2018 Filing 20 Sealed Exhibit D - Affidavit of Jeremy T. Elman in Support of Application for Attorneys' Fees and Costs re: #18 Response, filed by Bill Cutterz LLC, Barry Gross. Modified on 11/27/2018 (bthomas, 4).
November 1, 2018 Filing 19 Sealed Exhibit A - License Agreement re: #18 Response, filed by Bill Cutterz LLC, Barry Gross. Modified on 11/27/2018 (bthomas, 4).
November 1, 2018 Filing 18 First RESPONSE to #15 MOTION to Vacate MOTION to Modify AAA Arbitration Award filed by Bill Cutterz LLC, Barry Gross. (Attachments: #1 Exhibit Peter Vogel Qualifications, #2 Exhibit Excerpt from Final Hearing, April 10, #3 Exhibit Final Award signed July 16, #4 Exhibit AAA Commercial Rules for Arbitration, #5 Exhibit Elman Email)(Ferebee, William)
October 23, 2018 Opinion or Order Filing 17 ORDER denying #9 Motion to Dismiss Petition to Confirm AAA Arbitration Award.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
October 12, 2018 Filing 16 Sealed Exhibits F, G, H, & I re: #15 Motion to Vacate and Modify AAA Arbitration Award, filed by Keen Group Solutions, LLC. (With attachments) Modified on 10/23/2018 (bthomas, 4).
October 12, 2018 Filing 15 MOTION to Vacate ( Motion Docket Date 11/2/2018.), MOTION to Modify AAA Arbitration Award by Keen Group Solutions, LLC, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order Order)(Kirklin, Bradley)
October 2, 2018 Opinion or Order Filing 14 Memorandum and Order Regarding Discovery Motions, Motions for Summary Judgment and Analogous Motions to Dismiss.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
October 2, 2018 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U. S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate is available by clicking on the hyperlink and is also on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Consent to Proceed Before a Magistrate Judge, filed. (bthomas, 4)
October 1, 2018 Filing 13 PROPOSED ORDER Denying Motion to Dismiss re: #12 Response to Motion, filed.(Funkhouser, Catherine)
October 1, 2018 Filing 12 RESPONSE to #9 MOTION to Dismiss #1 Complaint Petitioner's Petition to Confirm AAA Arbitration Award filed by Bill Cutterz LLC, Barry Gross. (Funkhouser, Catherine)
September 18, 2018 Filing 11 Sealed Exhibit B re: #10 First AMENDED PETITION, filed. Modified on 9/19/2018 (bthomas, 4).
September 18, 2018 Filing 10 First AMENDED PETITION against Barry Gross, Bill Cutterz LLC filed by Barry Gross, Bill Cutterz LLC. (Attachments: #1 Exhibit Final Award)(Ferebee, William)
September 11, 2018 Filing 9 MOTION to Dismiss #1 Complaint Petitioner's Petition to Confirm AAA Arbitration Award by Keen Group Solutions, LLC, filed. Motion Docket Date 10/2/2018. (Attachments: #1 Proposed Order Order Granting Motion to Dismiss)(Kirklin, Bradley)
August 31, 2018 Filing 8 CERTIFICATE OF INTERESTED PARTIES by Keen Group Solutions, LLC, filed.(Kirklin, Bradley)
August 26, 2018 Opinion or Order Filing 7 ORDER granting #6 Motion for Extension of Time; Answer due 9/11/2018 for Keen Group Solutions, LLC. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
August 24, 2018 Filing 6 Agreed MOTION for Extension of Time Respondent's Responsive Pleading Deadline by Keen Group Solutions, LLC, filed. Motion Docket Date 9/14/2018. (Attachments: #1 Proposed Order)(Kirklin, Bradley)
August 20, 2018 Summons Issued as to Keen Group Solutions, LLC. Issued summons forwarded to Intake for pickup., filed.(jdav, 4)
August 16, 2018 Filing 5 First CERTIFICATE OF INTERESTED PARTIES by Bill Cutterz LLC, Barry Gross, filed.(Ferebee, William)
August 16, 2018 Filing 4 Request for Issuance of Summons as to Bill Cutterz LLC, Barry Gross, filed.(Ferebee, William)
August 16, 2018 Summons Re-Issued as to Keen Group Solutions, LLC. Issued summons delivered to plaintiff in person, filed.(hler, 4)
August 10, 2018 Summons Issued as to Keen Group Solutions, LLC. RE-Issued summons delivered to plaintiff in person, filed.(hler, 4)
August 2, 2018 Summons Issued as to Keen Group Solutions, LLC. Issued summons delivered to plaintiff by First-class mail, filed.(jdav, 4)
August 1, 2018 Opinion or Order Filing 3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/7/2018 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore. (Signed by Judge Vanessa D Gilmore) Parties notified.(hcarradi, 4)
August 1, 2018 Filing 2 Request for Issuance of Summons as to Bill Cutterz LLC, Barry Gross, filed.(Funkhouser, Catherine)
August 1, 2018 Filing 1 COMPLAINT against Barry Gross, Bill Cutterz LLC (Filing fee $ 400 receipt number 0541-20570411) filed by Barry Gross, Bill Cutterz LLC. (Attachments: #1 Civil Cover Sheet)(Funkhouser, Catherine)

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Search for this case: Gross et al v. Keen Group Solutions, LLC
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Respondent: Keen Group Solutions, LLC
Represented By: Bradley McMahon Kirklin
Represented By: Darin Michael Klemchuk
Represented By: Brian Casper
Represented By: Christian Joseph Cowart
Represented By: Mandi M Phillips
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Petitioner: Bill Cutterz LLC
Represented By: Catherine Victoria Funkhouser
Represented By: William C Ferebee
Represented By: Jack Balderson, Jr
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Petitioner: Barry Gross
Represented By: Catherine Victoria Funkhouser
Represented By: William C Ferebee
Represented By: Jack Balderson, Jr
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