Patrick Shih, M.D., P.A. v. Blue Cross & Blue Shield of Texas Inc et al
| Patrick Shih, M.D., P.A. doing business as Neuro Brain Spine Neurosurgery Clinic |
| NCI Building Systems, L.P., Key Energy Services, Inc., Blue Cross & Blue Shield of Texas Inc, Weingarten Realty Investors, Johnston Water Utility LLC, National Oilwell Varco, L.P., H-E-B, LP, Berry Contracting, L.P. doing business as Bay, Ltd., Commercial Metals Company, ABC Corps 1-100 and Ascentech Enters, Inc. |
| 4:2021cv01530 |
| May 7, 2021 |
| US District Court for the Southern District of Texas |
| Keith P Ellison |
| Insurance |
| 28 U.S.C. § 1446 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 15, 2022. A more recent docket listing may be available from PACER.
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***Delivery Confirmation for delivery date: Delivered: Mon, Jun 13, 11:48 AM re: 63 Document(s) Sent, filed. (jdav, 4)
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Filing 62
Notice of Filing of Official Transcript as to #61 Transcript,. Party notified, filed. (dhansen, 4)
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Filing 61
TRANSCRIPT re: Telephonic Hearing on Motion held on June 7, 2022 before Judge Keith P Ellison. Court Reporter/Transcriber Laura Wells. Ordering Party Ms. Claudia Cortes and Mr. David Estes Release of Transcript Restriction set for 9/7/2022., filed. (Wells, Laura)
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Filing 60
FPD Request for Transcript of Motion hearing on 6/7/22 before Judge Ellison. Court Reporter/Transcriber: Laura Wells, filed. (Houston, Samuel)
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Filing 59
AO 435 TRANSCRIPT REQUEST by Claudia Cortes for Transcript of Hearing on Motion to Remand held on 6/7/22 before Judge Ellison. 3-Day turnaround requested. Court Reporter/Transcriber: Laura Wells, filed. (thanniable, 4)
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Filing 58
ORDER. This case is REMANDED to the 113th Judicial District Court of Harris County. Case terminated on 6/8/2022(Signed by Judge Keith P Ellison) Parties notified.(olindor, 4)
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Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 6/7/2022 on Plaintiffs Second Motion to Remand. Plaintiff is granted leave to amend to voluntarily dismiss remaining benefit claims allegedly establishing ERISA jurisdiction; Plaintiff is requested to file as soon as possible, but in any event must file by no later than June 13, 2022. Meanwhile, the Courts ruling on the Motion to Remand is DEFERRED. Appearances: Scott Tyler Williams, Claudia L Cortes, Andrew John Schumacher, Mark J Levine, David M. Estes.(Court Reporter: L. Wells)(Law clerk: M. Tayag), filed.(arrivera, 4)
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Filing 57
WITHDRAWAL of Claim by Patrick Shih, M.D., P.A., filed.(Houston, Samuel)
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Filing 56
NOTICE of Setting as to #50 MOTION to Remand. Parties notified. Motion Hearing set for 6/7/2022 at 03:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4)
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Filing 55
CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER (Signed by Judge Keith P Ellison) Parties notified.(olindor, 4)
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Filing 54
Other EXHIBITS re: #53 Unopposed MOTION for Protective Order by Patrick Shih, M.D., P.A., filed.(Houston, Samuel)
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Filing 53
Unopposed MOTION for Protective Order by Patrick Shih, M.D., P.A., filed. Motion Docket Date 5/18/2022. (Houston, Samuel)
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Filing 52
REPLY in Support of #50 MOTION to Remand, filed by Patrick Shih, M.D., P.A.. (Attachments: #1 Affidavit Declaration)(Houston, Samuel)
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Filing 51
RESPONSE in Opposition to #50 MOTION to Remand, filed by Berry Contracting, L.P., Blue Cross & Blue Shield of Texas Inc, H-E-B, LP, Key Energy Services, Inc., NCI Building Systems, L.P., National Oilwell Varco, L.P., Weingarten Realty Investors. (Attachments: #1 Proposed Order, #2 Appendix Part 1, #3 Appendix Part 2, #4 Appendix Part 3)(Williams, Scott)
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Filing 50
MOTION to Remand by Patrick Shih, M.D., P.A., filed. Motion Docket Date 3/31/2022. (Attachments: #1 Proposed Order Proposed Order)(Houston, Samuel)
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Filing 49
WITHDRAWAL of Claim by Patrick Shih, M.D., P.A., filed.(Houston, Samuel)
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Filing 48
SCHEDULING ORDER. ETT: 5 Days. Jury trial. Amended Pleadings due by 9/13/2021. Joinder of Parties due by 9/13/2021 Pltf Expert Report due by 11/15/2022. Deft Expert Report due by 12/15/2022. Discovery due by 10/14/2022. Expert Depositions due by 1/16/2023. Dispositive Motion Filing due by 2/15/2023. Non-Dispositive Motion Filing due by 2/15/2023. Joint Pretrial Order due by 5/15/2023. Jury Trial set for 5/22/2023 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(JosephWells, 4)
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Filing 47
MEMORANDUM AND ORDER granting #39 Joint MOTION to Modify as to #35 Scheduling Order,,, granting in part #33 MOTION for Reconsideration of #32 Memorandum and Order (Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
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Filing 46
RESPONSE to #44 Notice (Other) of Supplemental Authority, filed by Blue Cross & Blue Shield of Texas Inc, Commercial Metals Company, H-E-B, LP, Johnston Water Utility LLC, Key Energy Services, Inc., NCI Building Systems, L.P., National Oilwell Varco, L.P., Weingarten Realty Investors. (Attachments: #1 Bailey Objections)(Williams, Scott)
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Filing 45
NOTICE of Intent to Respond to Plaintiff's Notice of Supplemental Authority re: #44 Notice (Other) by Bay, Ltd., Berry Contracting, L.P., H-E-B, LP, NCI Building Systems, L.P., National Oilwell Varco, L.P., Weingarten Realty Investors, filed. (Williams, Scott)
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Filing 44
NOTICE of Supplemental Authority re: #33 MOTION for Reconsideration of #32 Memorandum and Order by Patrick Shih, M.D., P.A., filed. (Houston, Samuel)
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Filing 43
Docketed in Error - Supplemental MOTION for Reconsideration of #33 MOTION for Reconsideration of #32 Memorandum and Order by Patrick Shih, M.D., P.A., filed. Motion Docket Date 1/18/2022. (Houston, Samuel) Modified on 12/29/2021 (hlerma, 4).
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Filing 42
Notice of Filing of Official Transcript as to #41 Transcript. Party notified, filed. (RachelWillborg, 4)
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Filing 41
TRANSCRIPT re: Motion proceedings held on 12/17/2021 before Judge Keith P Ellison. Court Reporter/Transcriber David Smith. Ordering Party Estes Release of Transcript Restriction set for 3/21/2022., filed. (LanieSmith, )
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Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 12/17/2021 on Plaintiffs Motion for Reconsideration and the Joint Motion to Modify. The motions are taken under advisement. Appearances: Scott Tyler Williams, Claudia L Cortes, Andrew John Schumacher, Mark J Levine, Samuel A Houston, David M. Estes.(Court Reporter: D. Smith)(Law clerk: M. Tayag), filed.(arrivera, 4)
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Filing 40
NOTICE of Setting as to #33 MOTION for Reconsideration of #32 Memorandum and Order, #39 Joint MOTION to Modify as to #35 Scheduling Order,,. Parties notified. Motion Hearing set for 12/17/2021 at 02:30 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4)
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Filing 39
Joint MOTION to Modify as to #35 Scheduling Order,, by Blue Cross & Blue Shield of Texas Inc, filed. Motion Docket Date 12/14/2021. (Attachments: #1 Exhibit A: Proposed Amended Scheduling/Docket Control Order)(Williams, Scott)
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Filing 38
Amended CERTIFICATE OF INTERESTED PARTIES by Weingarten Realty Investors, filed.(Williams, Scott)
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Filing 37
Plaintiff's Reply in Further Support of it's #33 MOTION for Reconsideration of #32 Memorandum and Order by Patrick Shih, M.D., P.A., filed. Motion Docket Date 11/10/2021. (Houston, Samuel)
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Filing 36
RESPONSE in Opposition to #33 MOTION for Reconsideration of #32 Memorandum and Order, filed by Blue Cross & Blue Shield of Texas Inc. (Williams, Scott)
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Filing 35
SCHEDULING ORDER. ETT: 5 Days. Jury. Amended Pleadings due by 9/13/2021. Joinder of Parties due by 9/13/2021 Pltf Expert Report due by 12/15/2021. Deft Expert Report due by 2/16/2022. Discovery due by 6/15/2022. Dispositive Motion Filing due by 7/18/2022. Non-Dispositive Motion Filing due by 7/18/2022. Joint Pretrial Order due by 10/10/2022. Jury Trial set for 10/17/2022 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(olindor, 4)
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Filing 34
PROPOSED ORDER (Scheduling/Docketing Control Order), filed.(Williams, Scott)
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Filing 33
MOTION for Reconsideration of #32 Memorandum and Order by Patrick Shih, M.D., P.A., filed. Motion Docket Date 10/13/2021. (Attachments: #1 Proposed Order)(Houston, Samuel)
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Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 8/20/2021, on Plaintiffs Motion to Remand (Doc. 21). The Motion was DENIED. The Court adopts Plaintiffs proposed trial date; the parties may fill in the other deadlines according to their preferences. Appearances: Scott Tyler Williams, Claudia L Cortes, Andrew John Schumacher, Mark J Levine, David M. Estes, Cynthia L Freeman.(Court Reporter: M. Malone)(Law clerk: D. Oyer), filed.(arrivera, 4)
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Filing 32
MEMORANDUM AND ORDER denying #21 Opposed MOTION to Remand (Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
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Filing 31
NOTICE of Setting as to #21 Opposed MOTION to Remand. Parties notified. Initial Conference and Motion Hearing set for 8/20/2021 at 01:30 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4)
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Filing 30
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Patrick Shih, M.D., P.A., filed.(Houston, Samuel)
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Filing 29
Notice Regarding Initial Conference(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
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Filing 28
REPLY to Response to #21 Opposed MOTION to Remand, filed by Patrick Shih, M.D., P.A.. (Houston, Samuel)
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Filing 27
REPLY in Support of #21 Opposed MOTION to Remand, filed by Patrick Shih, M.D., P.A.. (Attachments: #1 Unredacted attachment Declaration)(Houston, Samuel)
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Filing 26
JOINDER in #25 Response in Opposition to Motion , filed by Berry Contracting, L.P., H-E-B, LP, NCI Building Systems, L.P., National Oilwell Varco, L.P., Weingarten Realty Investors. (Attachments: #1 Appendix)(Williams, Scott)
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Filing 25
RESPONSE in Opposition to #21 Opposed MOTION to Remand, filed by Blue Cross & Blue Shield of Texas Inc. (Attachments: #1 Proposed Order, #2 Appendix Part 1, #3 Appendix Part 2)(Williams, Scott)
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Filing 24
ORDER granting #22 Motion for Leave to File Excess Pages.(Signed by Judge Keith P Ellison) Parties notified.(ShoshanaArnow, 4)
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Filing 23
NOTICE Letter to Court re: #22 Joint EMERGENCY MOTIONJoint MOTION for Leave to File Excess Pages by Blue Cross & Blue Shield of Texas Inc, filed. (Williams, Scott)
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Filing 22
Joint EMERGENCY MOTION( Motion Docket Date 7/15/2021.), Joint MOTION for Leave to File Excess Pages by Blue Cross & Blue Shield of Texas Inc, filed. (Attachments: #1 Proposed Order)(Williams, Scott)
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Filing 21
Opposed MOTION to Remand by Patrick Shih, M.D., P.A., filed. Motion Docket Date 6/30/2021. (Attachments: #1 Exhibit Declaration of Dr. Patrick Shih, MD, #2 Exhibit Declaration of Eric Katz, Esq., #3 Proposed Order Proposed Order of Remand)(Houston, Samuel)
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Filing 20
CERTIFICATE OF INTERESTED PARTIES by Patrick Shih, M.D., P.A., filed.(Houston, Samuel)
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Filing 19
CERTIFICATE OF INTERESTED PARTIES by Key Energy Services, Inc., filed.(Levine, Mark)
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Filing 18
CERTIFICATE OF INTERESTED PARTIES by Commercial Metals Company, filed.(Schumacher, Andrew)
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Filing 17
CERTIFICATE OF INTERESTED PARTIES by Weingarten Realty Investors, filed.(Williams, Scott)
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Filing 16
CERTIFICATE OF INTERESTED PARTIES by NCI Building Systems, L.P., filed.(Williams, Scott)
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Filing 15
CERTIFICATE OF INTERESTED PARTIES by National Oilwell Varco, L.P., filed.(Williams, Scott)
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Filing 14
CERTIFICATE OF INTERESTED PARTIES by Johnston Water Utility LLC, filed.(Williams, Scott)
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Filing 13
CERTIFICATE OF INTERESTED PARTIES by H-E-B, LP, filed.(Williams, Scott)
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Filing 12
CERTIFICATE OF INTERESTED PARTIES by Berry Contracting, L.P., filed.(Williams, Scott)
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Filing 11
CERTIFICATE OF INTERESTED PARTIES by Blue Cross & Blue Shield of Texas Inc, filed.(Williams, Scott)
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Filing 10
CORPORATE DISCLOSURE STATEMENT by Commercial Metals Company, filed.(Ruiz, James)
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Filing 9
ORDER granting #8 Motion for Claudia L. Cortes to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(jguajardo, 4)
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Filing 8
MOTION for Claudia L. Cortes to Appear Pro Hac Vice by Berry Contracting, L.P., Blue Cross & Blue Shield of Texas Inc, H-E-B, LP, Johnston Water Utility LLC, NCI Building Systems, L.P., National Oilwell Varco, L.P., Weingarten Realty Investors, filed. Motion Docket Date 6/3/2021. (Attachments: #1 Exhibit A)(Cortes, Claudia)
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Filing 7
ORDER granting #5 Motion for David M Estes to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(gkelner, 4)
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Filing 6
ORDER granting #4 Motion for Eric Katz to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(gkelner, 4)
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Filing 5
MOTION for David M. Estes to Appear Pro Hac Vice by Patrick Shih, M.D., P.A., filed. Motion Docket Date 6/1/2021. (Houston, Samuel)
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Filing 4
MOTION for Eric Katz to Appear Pro Hac Vice by Patrick Shih, M.D., P.A., filed. Motion Docket Date 6/1/2021. (Houston, Samuel)
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Filing 3
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/20/2021 at 01:45 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(jdavadi, 4)
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Filing 2
NOTICE of Appearance by Sam Houston on behalf of Patrick Shih, M.D., P.A., filed. (Houston, Samuel)
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Filing 1
NOTICE OF REMOVAL from 113th Judicial District Court of Harris County, TX, case number 2021-06010 (Filing fee $ 402 receipt number 0541-26409660) filed by Blue Cross & Blue Shield of Texas Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Index of Matters, #3 Exhibit A Part 1, #4 Exhibit A Part 2, #5 Exhibit A Part 3, #6 Exhibit A Part 4, #7 Exhibit A Part 5, #8 Exhibit A Part 6, #9 Exhibit A Part 7, #10 Exhibit A Part 8, #11 Exhibit A Part 9, #12 Exhibit A Part 10, #13 Exhibit A Part 11, #14 Exhibit A Part 12, #15 Exhibit A Part 13, #16 Exhibit A Part 14, #17 Exhibit A Part 15, #18 Exhibit A Part 16, #19 Exhibit A Part 17, #20 Exhibit A Part 18, #21 Exhibit A Part 19, #22 Exhibit A Part 20, #23 Exhibit B Part 1, #24 Exhibit B Part 2, #25 Exhibit B Part 3, #26 Exhibit B Part 4, #27 Exhibit B Part 5, #28 Exhibit C, #29 Exhibit D, #30 Exhibit E, #31 Exhibit F, #32 Exhibit G, #33 Exhibit H, #34 Exhibit I, #35 Exhibit J, #36 Exhibit K, #37 Exhibit L, #38 Exhibit M, #39 Exhibit N, #40 Exhibit O, #41 Exhibit P, #42 Exhibit Q, #43 Exhibit R, #44 Exhibit S, #45 Exhibit T, #46 Exhibit U, #47 Exhibit V, #48 Exhibit W, #49 Exhibit X, #50 Exhibit Y, #51 Exhibit Z, #52 Exhibit AA, #53 Exhibit BB, #54 Exhibit CC, #55 Exhibit DD, #56 Exhibit EE, #57 Exhibit FF, #58 Exhibit GG, #59 Exhibit HH, #60 Exhibit II, #61 Exhibit JJ, #62 Exhibit KK, #63 Exhibit LL, #64 Exhibit MM, #65 Exhibit NN, #66 Exhibit OO)(Williams, Scott)
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