Plumbers and Pipefitters National Pension Fund v. Alta Mesa Resources, Inc. et al
| FNY Managed Accounts, LLC, FNY Partners Fund LP, Paul J. Burbach, Jr. and Plumbers and Pipefitters National Pension Fund |
| Jeffrey H. Tepper, Riverstone Investment Group LLC, Alta Mesa Resources, Inc., William D. Gutermuth, James T. Hackett, Diana J. Walters and Thomas J. Walker |
| Camelot Event Driven Fund, A Series of Frank Funds Trust |
| 4:2019cv02982 |
| August 12, 2019 |
| US District Court for the Southern District of Texas |
| Lynn N Hughes |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Filing 49 Letter from Andrew J. Entwistle to the Honorable George C. Hanks and the Honorable Lynn N. Hughes dated October 3, 2019 by Paul J. Burbach, Jr, FNY Managed Accounts, LLC, FNY Partners Fund LP, filed.(Entwistle, Andrew) |
| Filing 48 Letter from Francis P. McConville to the Honorable George C. Hanks, Jr. and the Honorable Lynn N. Hughes dated October 2, 2019 by Camelot Event Driven Fund, A Series of Frank Funds Trust, filed.(McConville, Francis) |
| Filing 47 Letter from Andrew J. Entwistle to the Honorable George C. Hanks and the Honorable Lynn N. Hughes by Paul J. Burbach, Jr, FNY Managed Accounts, LLC, FNY Partners Fund LP, filed.(Entwistle, Andrew) |
| Filing 46 10.01.2019 Letter to the Honorable Lynn N. Hughes and George C. Hanks by Plumbers and Pipefitters National Pension Fund, filed.(Richardson, Jason) |
| Filing 45 NOTICE of Appearance by Jason A. Richardson on behalf of Plumbers and Pipefitters National Pension Fund, filed. (Richardson, Jason) |
| Filing 44 SUGGESTION OF BANKRUPTCY by Alta Mesa Resources, Inc., filed.(Yue, Herman) |
| Filing 43 NOTICE of Appearance by Herman H. Yue on behalf of Alta Mesa Resources, Inc., William D. Gutermuth, James T. Hackett, Riverstone Investment Group LLC, Jeffrey H. Tepper, Thomas J. Walker, Diana J. Walters, filed. (Yue, Herman) |
| Filing 42 Case transferred in from New York Southern. Case Number 1:19-cv-00920; certified copy of transfer order, certified docket sheet, and transfer letter received |
| Filing 41 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Riverstone Holdings LLC, Corporate Parent Riverstone/Gower Management Co. Holdings, LP for Riverstone Investment Group LLC. Document filed by Riverstone Investment Group LLC.(Word, J.) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney J. Christian Word to RE-FILE Document #32 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Not All Corporate Parents/Other affiliates were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of Texas (rro) |
Filing 40
ORDER terminating #33 Letter Motion for Conference. All Defendants and Plaintiffs First New York Group (comprising FNY Partners Fund LP, FNY Managed Accounts, LLC, and Paul J. Burbach, Jr.) and Camelot Event Driven Fund favor the transfer of this action to the Southern District of Texas, where all the parties are present and where the lead plaintiff in this case, Plumbers and Pipefitters National Pension Fund ("Plumbers Pension Fund"), has moved for consolidation of the Texas actions, appointment as lead plaintiff, and approval of selection of counsel. Defendants point out that: This action also concerns events that occurred in Houston, and that is where the expected non-party witnesses reside. Specifically, Plumbers' complaint asserts claims alleging that the proxy statement sent to Silver Run II's stockholders in connection with Silver Run II's acquisition in February 2018 of Alta Mesa, LP ("Alta Mesa") and Kingfisher Midstream, LLC ("Kingfisher") (the "Acquisition") was false and misleading. Silver Run II is headquartered in Houston, Texas, and, before the Acquisition, Alta Mesa and Kingfisher were private companies also headquartered in Houston, Texas. Numerous aspects of the Acquisition, including the parties' due diligence and the negotiations over terms occurred in Houston. Also, the relevant documents related to the Acquisition and the proxy statement are pr1mar1ly located in Houston. Not surprisingly then, virtually all of the relevant witnesses both party and non-party-are found in Texas. Defs. April 29, 2019 Letter (Dkt. No. 33). In opposition to any motion to transfer, lead plaintiff Plumbers Pension Fund argues the presence of parties and witnesses, and the occurrence of relevant facts, in New York. Pl. May 2, 2019 Letter (Dkt. No. 39}. There seems little doubt that there was enough activity here that New York would be a proper forum for the litigation of this case. Nevertheless, the overarching realities are that the major actors are at home in both New York and Texas, and Plumbers Pension Fund stands alone in preferring to litigate this action in New York, while all others prefer Texas. Overcoming the traditional deference paid to the plaintiff's choice of forum in this case are the pendency of two closely similar cases in Texas, and the need to avoid the duplication of nearly identical litigation simultaneously in two states. The obvious and appropriate action is to transfer this case to the Southern District of Texas, where the court may well see fit to consolidate it with the two (somewhat more comprehensive) cases already pending there, and to consider the candidacy of Robbins Geller Rudman & Dowd LLP for lead counsel, and its client Plumbers Pension Fund as lead plaintiff, with all the other candidates in the consolidated cases. As all but Plumbers Pension Fund say, The convenience of the parties, trial efficiency, and the interests of Justice also overwhelmingly favor transfer to the Southern District of Texas because of the two other class actions pending there that include additional defendants and a broader class. Piecemeal litigation of one aspect of the Texas Actions in this Court is unnecessary and inefficient. Defs. April 29, 2019 Letter. Accordingly, it is ordered, for the convenience of the parties and witnesses and in the interest of justice, that the Clerk transfer this action to the United States District Court for the Southern District of Texas under 28 U.S.C. 1404(a). So ordered. (Signed by Judge Louis L. Stanton on 5/3/2019) (rro) Transmission to Office of the Clerk of Court for processing.
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| Filing 39 LETTER addressed to Judge Louis L. Stanton from David A. Rosenfeld dated May 2, 2019 re: Response to Letter (ECF No. 33). Document filed by Plumbers and Pipefitters National Pension Fund.(Rosenfeld, David) |
| Filing 38 LETTER addressed to Judge Louis L. Stanton from David A. Rosenfeld dated May 2, 2019 re: Response to Letter (ECF No. 37). Document filed by Plumbers and Pipefitters National Pension Fund.(Rosenfeld, David) |
| Filing 37 LETTER addressed to Judge Louis L. Stanton from Andrew J. Entwistle dated May 2, 2019 re: Response to Letter (ECF No. 36). Document filed by Paul J. Burbach, Jr, FNY Managed Accounts, LLC, FNY Partners Fund LP.(Entwistle, Andrew) |
| Filing 36 LETTER addressed to Judge Louis L. Stanton from David A. Rosenfeld dated 5/1/2019 re: Response to Letter (ECF No. 35). Document filed by Plumbers and Pipefitters National Pension Fund. (Attachments: #1 Exhibit A (Order re: Colbert v. Bank OZK), #2 Exhibit B (Order re: Karth v. Keryx Biopharmaceuticals, Inc.))(Rosenfeld, David) |
| Filing 35 LETTER addressed to Judge Louis L. Stanton from Andrew J. Entwistle dated April 29, 2019 re: ECF Nos. 33 and 34. Document filed by Paul J. Burbach, Jr, FNY Managed Accounts, LLC, FNY Partners Fund LP.(Entwistle, Andrew) |
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Filing 34
ORDER denying #12 Motion to Appoint; granting #17 Motion to Appoint; granting #17 Motion to Appoint Counsel; denying #18 Motion to Appoint; denying #18 Motion to Approve. Accordingly, Plumbers Pension Fund shall serve as the lead plaintiff, and their firm of choice, Robbins Geller Rudman & Dowd LLP, is appointed as lead counsel for the class. It is recommended that Plumbers Pension Fund's first action as lead plaintiff should be to discuss with Defendants the desirability and merits of a motion to transfer this action to the Southern District of Texas for consolidation, if the Texas court sees fit, with the two similar actions already pending there. So ordered. (Signed by Judge Louis L. Stanton on 4/29/2019) (rro)
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| Filing 33 LETTER MOTION for Conference Defendants' anticipated motion to transfer this case to the United States District Court for the Southern District of Texas pursuant to 28. U.S.C. 1404(a) addressed to Judge Louis L. Stanton from J. Christian Word dated April 29, 2019. Document filed by Alta Mesa Resources, Inc., William D. Gutermuth, James T. Hackett, Riverstone Investment Group LLC, Jeffrey H. Tepper, Thomas J. Walker, Diana J. Walters.(Word, J.) |
| Filing 32 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Riverstone Holdings LLC for Riverstone Investment Group LLC. Document filed by Riverstone Investment Group LLC.(Word, J.) Modified on 5/6/2019 (ldi). |
| Filing 31 REPLY MEMORANDUM OF LAW in Support re: #18 MOTION to Appoint FNY Partners Fund LP, FNY Managed Accounts, LLC and Paul J. Burbach, Jr. to serve as lead plaintiff(s) . MOTION to Approve Selection of Lead Counsel . . Document filed by Paul J. Burbach, Jr, FNY Managed Accounts, LLC, FNY Partners Fund LP. (Entwistle, Andrew) |
| Filing 30 NOTICE of Filing of Camelot's Memorandum in Opposition to Competing Movants in the Southern District of Texas re: #12 MOTION to Appoint Camelot Event Driven Fund, A Series of Frank Funds Trust to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel.. Document filed by Camelot Event Driven Fund, A Series of Frank Funds Trust. (Attachments: #1 Exhibit 1 - Copy of Memorandum in Opposition)(Keller, Christopher) |
| Filing 29 REPLY MEMORANDUM OF LAW in Support re: #17 MOTION to Appoint Plumbers and Pipefitters National Pension Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Plumbers and Pipefitters National Pension Fund. (Rosenfeld, David) |
| Filing 28 DECLARATION of David A. Rosenfeld in Opposition re: #18 MOTION to Appoint FNY Partners Fund LP, FNY Managed Accounts, LLC and Paul J. Burbach, Jr. to serve as lead plaintiff(s) . MOTION to Approve Selection of Lead Counsel ., #12 MOTION to Appoint Camelot Event Driven Fund, A Series of Frank Funds Trust to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel.. Document filed by Plumbers and Pipefitters National Pension Fund. (Attachments: #1 Exhibit A - Order, #2 Exhibit B - Order, #3 Exhibit C - Order, #4 Exhibit D - Transcript, #5 Exhibit E - FNY Investment Advisers, LLC Uniform Application for Investment Adviser Registration and Report)(Rosenfeld, David) |
| Filing 27 MEMORANDUM OF LAW in Opposition re: #12 MOTION to Appoint Camelot Event Driven Fund, A Series of Frank Funds Trust to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel., #17 MOTION to Appoint Plumbers and Pipefitters National Pension Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Paul J. Burbach, Jr, FNY Managed Accounts, LLC, FNY Partners Fund LP. (Entwistle, Andrew) |
| Filing 26 MEMORANDUM OF LAW in Opposition re: #18 MOTION to Appoint FNY Partners Fund LP, FNY Managed Accounts, LLC and Paul J. Burbach, Jr. to serve as lead plaintiff(s) . MOTION to Approve Selection of Lead Counsel ., #12 MOTION to Appoint Camelot Event Driven Fund, A Series of Frank Funds Trust to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel. . Document filed by Plumbers and Pipefitters National Pension Fund. (Rosenfeld, David) |
| Filing 25 RESPONSE in Support of Motion re: #12 MOTION to Appoint Camelot Event Driven Fund, A Series of Frank Funds Trust to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel. Response in Further Support. Document filed by Camelot Event Driven Fund, A Series of Frank Funds Trust. (Keller, Christopher) |
| Filing 24 NOTICE OF APPEARANCE by Francis Paul McConville on behalf of Camelot Event Driven Fund, A Series of Frank Funds Trust. (McConville, Francis) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #21 Proposed Order was reviewed and approved as to form. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #13 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 23 DECLARATION of Andrew J. Entwistle in Support re: #18 MOTION to Appoint FNY Partners Fund LP, FNY Managed Accounts, LLC and Paul J. Burbach, Jr. to serve as lead plaintiff(s) . MOTION to Approve Selection of Lead Counsel .. Document filed by Paul J. Burbach, Jr, FNY Managed Accounts, LLC, FNY Partners Fund LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Entwistle, Andrew) |
| Filing 22 MEMORANDUM OF LAW in Support re: #18 MOTION to Appoint FNY Partners Fund LP, FNY Managed Accounts, LLC and Paul J. Burbach, Jr. to serve as lead plaintiff(s) . MOTION to Approve Selection of Lead Counsel . . Document filed by Paul J. Burbach, Jr, FNY Managed Accounts, LLC, FNY Partners Fund LP. (Entwistle, Andrew) |
| Filing 21 PROPOSED ORDER. Document filed by Paul J. Burbach, Jr, FNY Managed Accounts, LLC, FNY Partners Fund LP. Related Document Number: #18 . (Entwistle, Andrew) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 20 DECLARATION of David A. Rosenfeld in Support re: #17 MOTION to Appoint Plumbers and Pipefitters National Pension Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Plumbers and Pipefitters National Pension Fund. (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - Certification, #3 Exhibit C - Robbins Geller Rudman & Dowd LLP firm resume)(Rosenfeld, David) |
| Filing 19 MEMORANDUM OF LAW in Support re: #17 MOTION to Appoint Plumbers and Pipefitters National Pension Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Plumbers and Pipefitters National Pension Fund. (Rosenfeld, David) |
| Filing 18 MOTION to Appoint FNY Partners Fund LP, FNY Managed Accounts, LLC and Paul J. Burbach, Jr. to serve as lead plaintiff(s) ., MOTION to Approve Selection of Lead Counsel . Document filed by Paul J. Burbach, Jr, FNY Managed Accounts, LLC, FNY Partners Fund LP.(Entwistle, Andrew) |
| Filing 17 MOTION to Appoint Plumbers and Pipefitters National Pension Fund to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Plumbers and Pipefitters National Pension Fund. (Attachments: #1 Text of Proposed Order)(Rosenfeld, David) |
| Filing 16 NOTICE OF APPEARANCE by Andrew J Entwistle on behalf of FNY Partners Fund LP, FNY Managed Accounts, LLC, Paul J. Burbach, Jr. (Entwistle, Andrew) |
| Filing 15 DECLARATION of Christopher J. Keller in Support re: #12 MOTION to Appoint Camelot Event Driven Fund, A Series of Frank Funds Trust to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel.. Document filed by Camelot Event Driven Fund, A Series of Frank Funds Trust. (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Loss Analysis, #3 Exhibit C - Notice, #4 Exhibit D - Labaton Sucharow Firm Resume)(Keller, Christopher) |
| Filing 14 MEMORANDUM OF LAW in Support re: #12 MOTION to Appoint Camelot Event Driven Fund, A Series of Frank Funds Trust to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel. . Document filed by Camelot Event Driven Fund, A Series of Frank Funds Trust. (Keller, Christopher) |
| Filing 13 PROPOSED ORDER. Document filed by Camelot Event Driven Fund, A Series of Frank Funds Trust. Related Document Number: #12 . (Keller, Christopher) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 12 MOTION to Appoint Camelot Event Driven Fund, A Series of Frank Funds Trust to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel. Document filed by Camelot Event Driven Fund, A Series of Frank Funds Trust.(Keller, Christopher) |
| Filing 11 LETTER MOTION to Adjourn Conference Requesting leave from Section 2.A. of Your Honor's Individual Practices regarding a pre-motion conference re: Lead Plaintiff motion addressed to Judge Louis L. Stanton from David A. Rosenfeld dated 4/1/2019. Document filed by Plumbers and Pipefitters National Pension Fund.(Rosenfeld, David) |
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Filing 10
ORDER granting #9 Motion for J. Christian Word to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hae Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge Louis L. Stanton on 3/27/2019) (kv)
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| Filing 9 MOTION for J. Christian Word to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16481365. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alta Mesa Resources, Inc., William D. Gutermuth, James T. Hackett, Riverstone Investment Group LLC, Jeffrey H. Tepper, Thomas J. Walker, Diana J. Walters. (Attachments: #1 Declaration of J. Christian Word in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order)(Word, J.) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for J. Christian Word to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16481365. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 8
STIPULATION AND ORDER: WHEREFORE, the parties, by and through their undersigned counsel, hereby stipulate that the Court be requested to enter an order as follows: Defendants, including all defendants both named and unnamed (hereinafter collectively referred to as "Defendants"), need not answer, move against or otherwise respond to this or any related action until a consolidated complaint is filed. The presently filed action and any subsequently filed, related actions shall be consolidated for hearing before the Honorable Judge Louis L. Stanton and shall hereinafter be captioned In Re Alta Mesa Resources, Inc., Securities Class Action. Lead plaintiff shall serve a consolidated complaint ("Consolidated Complaint") within 60 days of entry of the Court's Order appointing lead plaintiff and designating lead counsel. Defendants shall answer, move against, or otherwise respond to the Consolidated Complaint 60 days after service of the Consolidated Complaint. If Defendants move to dismiss the Consolidated Complaint, the lead plaintiff shall serve an opposition memorandum within 60 days of service of Defendants' motion to dismiss, and Defendants shall serve any reply memoranda within 45 days after service of the lead plaintiffs opposition memorandum. By entering into this stipulation, Defendants expressly preserve, and do not waive, any and all defenses (other than improper service). SO ORDERED. (Signed by Judge Louis L. Stanton on 2/28/2019) (rro)
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| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Riverstone Holdings LLC for Riverstone Investment Group LLC. Document filed by Riverstone Investment Group LLC.(Bengels, Jessica) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alta Mesa Resources, Inc..(Bengels, Jessica) |
| Filing 5 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Louis L. Stanton from Jessica L. Bengels dated February 27, 2019. Document filed by Alta Mesa Resources, Inc., William D. Gutermuth, James T. Hackett, Riverstone Investment Group LLC, Jeffrey H. Tepper, Thomas J. Walker, Diana J. Walters. (Attachments: #1 Text of Proposed Order)(Bengels, Jessica) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Alta Mesa Resources, Inc., William D. Gutermuth, James T. Hackett, Riverstone Investment Group LLC, Jeffrey H. Tepper, Thomas J. Walker, Diana J. Walters. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Louis L. Stanton. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) |
| Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) |
| Case Designated ECF. (pne) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Alta Mesa Resources, Inc. f/k/a Silver Run Acquisition Corporation II, James T. Hackett, Thomas J. Walker, William D. Gutermuth, Jeffrey H. Tepper, Diana J. Walters, Riverstone Investment Group LLC, re: #1 Complaint,. Document filed by Plumbers and Pipefitters National Pension Fund. (Rudman, Samuel) |
| Filing 2 CIVIL COVER SHEET filed. (Rudman, Samuel) |
| Filing 1 COMPLAINT against Alta Mesa Resources, Inc. f/k/a Silver Run Acquisition Corporation II, William D. Gutermuth, James T. Hackett, Riverstone Investment Group LLC, Jeffrey H. Tepper, Thomas J. Walker, Diana J. Walters. (Filing Fee $ 400.00, Receipt Number ANYSDC-16267292)Document filed by Plumbers and Pipefitters National Pension Fund.(Rudman, Samuel) |
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