Stemtech International, Inc. v. Drapeau
Stemtech International, Inc. |
Drapeau, Christian Drapeau, Jonathan Lester, Andrew Goodwin, Juan Carlos Saucedo, Ray Carter, Jr., Christian Tricoche, George Tashjian, Cerule, LLC, Biomics LLC and Greg Newman |
1:2016cv00918 |
July 29, 2016 |
US District Court for the Western District of Texas |
Austin Office |
Robert Pitman |
Contract: Recovery/Enforcement |
12 U.S.C. § 1441 (a) Breach of Contract |
Plaintiff |
Docket Report
This docket was last retrieved on February 8, 2019. A more recent docket listing may be available from PACER.
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EXHIBITS DESTROYED for Biomics LLC, Cerule, LLC, Christian Drapeau, Greg Newman, Stemtech International, Inc., George Tashjian. (td) |
Filing 86 Exhibit Letter to Biomics LLC, Cerule, LLC, Christian Drapeau, Greg Newman, Stemtech International, Inc., George Tashjian instructing parties to pick up their exhibits by 2/7/2019. (Attachments: #1 Exhibit List)(td) |
Filing 85 ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Robert Pitman. (td) |
Filing 84 STIPULATION of Dismissal by Stemtech International, Inc.. (Bowers, Allison) |
Filing 83 ORDER TO SHOW CAUSE as to Stemtech International, Inc. Show Cause Response due by 11/9/2018. Signed by Judge Robert Pitman. (td) |
Filing 82 STATUS REPORT by Biomics LLC, Cerule, LLC, Christian Drapeau, Greg Newman, George Tashjian. (Copenhaver, Stephen) |
Filing 81 STATUS REPORT ORDER. Status Report due by 10/5/2018. Signed by Judge Robert Pitman. (td) |
Filing 80 STATUS REPORT Joint by Stemtech International, Inc.. (Bowers, Allison) |
Filing 79 STATUS REPORT by Stemtech International, Inc.. (Bowers, Allison) |
Text Order HELD IN ABEYANCE #72 Motion for Reconsideration entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (as) |
Text Order HELD IN ABEYANCE #34 Motion to Compel entered by Judge Robert Pitman. As stated in this Court's order dated Feb. 9, 2017 #75 , this motion is held in abeyance while this case remains stayed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (as) |
Text Order HELD IN ABEYANCE #36 Motion to Dismiss for Lack of Jurisdiction entered by Judge Robert Pitman. As stated in this Court's order dated Feb. 9, 2017 #75 , this motion is held in abeyance while this case remains stayed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (as) |
Text Order HELD IN ABEYANCE #71 Motion entered by Judge Robert Pitman. As stated in this Court's order dated Feb. 9, 2017 #75 , this motion is held in abeyance while this case remains stayed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (as) |
Filing 78 ORDERED that parties file quarterly status reports for as long as this case remains stayed, with the first such report due on or before October 2, 2017. Signed by Judge Robert Pitman. (td) |
Filing 77 STATUS REPORT by Stemtech International, Inc.. (Bowers, Allison) |
Text Order GRANTING #76 Joint Stipulation and Motion to Continue to Hold in Abeyance Pending Motions entered by Judge Robert Pitman. The parties shall file a further status report 30 days from today's date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ja) |
Filing 76 Joint MOTION to Stay Pending Motions by Stemtech International, Inc.. (Attachments: #1 Proposed Order)(Bowers, Allison) |
Filing 75 ORDER Granting #74 Joint Stipulation and Motion to Hold In Abeyance. Signed by Judge Robert Pitman. (td) |
Filing 74 STIPULATION and Joint Motion to Hold Pending Motions in Abeyance by Biomics LLC, Cerule, LLC, Christian Drapeau, Greg Newman, George Tashjian. (Attachments: #1 Proposed Order)(Copenhaver, Stephen) |
Filing 73 STIPULATION Regarding Defendants' Opposition to Stemtech International Inc.'s Motion to Reconsider and Alter Order on Preliminary Injunction by Cerule, LLC, Christian Drapeau. (Copenhaver, Stephen) |
Filing 72 MOTION for Reconsideration re #70 Order on Motion for Preliminary Injunction by Stemtech International, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Order)(Bowers, Allison) |
Filing 71 STIPULATION and Joint Motion Regarding Briefing on Defendants' Motion to Dismiss and Motion to Compel Arbitration by Biomics LLC, Cerule, LLC, Christian Drapeau, Greg Newman, George Tashjian. (Attachments: #1 Proposed Order)(Copenhaver, Stephen). |
Filing 70 ORDER DENYING #29 Motion for Preliminary Injunction. Signed by Judge Robert Pitman. (td) |
Filing 69 December 8, 2016 Preliminary Injunction Hearing Exhibit List Index. (td) |
Filing 68 Witness List for Motions Hearing held December 8, 2016. (td) |
Filing 67 Minute Entry for proceedings held before Judge Robert Pitman: Motion Hearing held on 12/8/2016 re #29 MOTION for Preliminary Injunction filed by Stemtech International, Inc. (Minute entry documents are not available electronically.). (Court Reporter Pamela Andasola.)(td) |
Filing 66 Response in Opposition to Motion, filed by Stemtech International, Inc., re #36 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant George Tashjian, Defendant Cerule, LLC, Defendant Greg Newman (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G)(Bowers, Allison) |
Filing 65 ORDER Reducing Time on Hearing for Motion for Preliminary Injunction. Signed by Judge Robert Pitman. (td) |
Filing 64 AFFIDAVIT in Opposition to #60 Notice of Filing Ray Carter's Second Supplemental Declaration by Biomics LLC, Cerule, LLC, Christian Drapeau. (Attachments: #1 Affidavit Mark Parsekian Declaration, #2 Affidavit Fabrice Nardol Declaration)(Worden, John) |
Filing 63 STIPULATION Joint Stipulation by Stemtech International, Inc.. (Bowers, Allison) |
Filing 62 Miscellaneous Objection to #54 Reply to Response to Motion, by Biomics LLC, Cerule, LLC, Christian Drapeau. (Copenhaver, Stephen) |
Filing 61 Response in Opposition to Motion, filed by Biomics LLC, Cerule, LLC, Christian Drapeau, re #29 MOTION for Preliminary Injunction filed by Plaintiff Stemtech International, Inc. (Defendants' Supplemental Response) (Worden, John) |
Filing 60 NOTICE of Filing Second Supplemental Declaration of Ray Carter by Stemtech International, Inc. (Attachments: #1 Affidavit, #2 Exhibit Ex. 32, #3 Exhibit Ex. 33, #4 Exhibit Ex. 34)(Bowers, Allison) |
Filing 59 ORDER Setting Hearing on #29 MOTION for Preliminary Injunction. Motion Hearing set for 12/8/2016 at 9:00 AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (jf) |
Filing 58 Sealed Document filed. (jf) |
Filing 57 Sealed Document filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (jf) |
Filing 56 ORDER GRANTING #50 Motion for Protective Order. Signed by Judge Robert Pitman. (jf) |
Text Order GRANTING #49 Defendants' Unopposed Motion for Leave to File Documents Under Seal entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ja) |
Text Order GRANTING #53 Plaintiff Stemtech International Inc.'s Unopposed Motion for Leave to File Under Seal entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ja) |
Text Order GRANTING #55 Plaintiff Stemtech International Inc.'s Unopposed Motion to Supplement Exhibit entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ja) |
Filing 55 Unopposed MOTION to supplement re #54 Reply to Response to Motion, for Preliminary Injunction by Stemtech International, Inc.. (Attachments: #1 Proposed Order Proposed Order Granting, #2 Exhibit Exhibit A)(Bowers, Allison) |
Filing 54 REPLY to Response to Motion, filed by Stemtech International, Inc., re #29 MOTION for Preliminary Injunction filed by Plaintiff Stemtech International, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit Declaration Exhibits)(Bowers, Allison) (Additional attachment(s) added on 11/15/2016: #6 Exhibit 25 to Exhibit B) (jf). |
Filing 53 Unopposed Motion for leave to File Sealed Document (Attachments: #1 Proposed Order, #2 Sealed Document) (Bowers, Allison) |
Filing 52 Unopposed MOTION for Leave to File Sealed Document by Stemtech International, Inc.. (Attachments: #1 Sealed Document)(Bowers, Allison) |
Filing 51 RESPONSE to Objection to #42 Miscellaneous Objection by Stemtech International, Inc.. (Bowers, Allison) |
Filing 50 Joint MOTION for Protective Order by Stemtech International, Inc.. (Attachments: #1 Proposed Order)(Bowers, Allison) |
Filing 49 Unopposed Motion for leave to File Sealed Document (Attachments: #1 Proposed Order, #2 Brief Defendants' Supplemental Brief, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2) (Copenhaver, Stephen) |
Text Order APPROVING #48 Stemtech International, Inc.'s and Defendants' Proposed Briefing Schedule entered by Judge Robert Pitman. Stemtech shall file its supplemental briefing and its reply into one filing not to exceed fifteen (15) pages. Stemtech's filing is due on or before November 7, 2016. Defendants shall file any supplemental briefing, not to exceed seven (7) pages, on or before November 7, 2016. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ja) |
Filing 48 MOTION to supplement Joint Proposed Briefing Schedule by Stemtech International, Inc.. (Attachments: #1 Proposed Order)(Bowers, Allison) |
Filing 47 AFFIDAVIT in Opposition to #29 MOTION for Preliminary Injunction (Corrected Manuel Macazaga Declaration) by Biomics LLC, Cerule, LLC, Christian Drapeau. (Attachments: #1 Affidavit Manuel Macazaga Declaration)(Copenhaver, Stephen) |
Filing 46 DEFICIENCY NOTICE to Stephen M. Copenhaver: re #45 Affidavit in Opposition. (td) |
Filing 45 ***DEFICIENT DOCUMENT - not submitted in pleading form***AFFIDAVIT in Opposition to #29 MOTION for Preliminary Injunction (Manuel Macazaga Declaration) by Biomics LLC, Cerule, LLC, Christian Drapeau. (Copenhaver, Stephen) Modified on 10/28/2016 (td). |
Filing 44 ORDER GRANTING #39 Joint Stipulation and Motion to Hold in Abeyance Defendants' Motion to Dismiss #36 and Motion to Compel Arbitration #34 . Signed by Judge Robert Pitman. (td) (td) |
Filing 43 ORDER GRANTING #40 Joint Motion/Stipulation Regarding Defendants' Briefing on Plaintiff's Motion for Preliminary Injunction. Signed by Judge Robert Pitman. (td) |
Filing 42 Miscellaneous Objection to #29 MOTION for Preliminary Injunction by Biomics LLC, Cerule, LLC, Christian Drapeau. (Copenhaver, Stephen) |
Filing 41 Memorandum in Opposition to Motion, filed by Biomics LLC, Cerule, LLC, Christian Drapeau, re #29 MOTION for Preliminary Injunction filed by Plaintiff Stemtech International, Inc. (Attachments: #1 Exhibit Ex. 1, UK Audit, #2 Exhibit Ex. 2, Stemtech Product Listings, #3 Exhibit Ex. 3, Stemtech Distributor, #4 Affidavit Jonathan Lester Declaration, #5 Affidavit George Tashjian Declaration, #6 Affidavit Christian Drapeau Declaration, #7 Exhibit Drapeau Decl., Ex. A, #8 Exhibit Drapeau Decl., Ex. B, #9 Exhibit Drapeau Decl., Ex. C, #10 Exhibit Drapeau Decl., Ex. D, #11 Exhibit Drapeau Decl., Ex. E, #12 Affidavit Greg Newman Declaration, #13 Affidavit Andy Goodwin Declaration, #14 Proposed Order)(Copenhaver, Stephen) |
Filing 40 Joint MOTION and Stipulation to Allow Further Limited Briefing After Depositions re #29 MOTION for Preliminary Injunction by Biomics LLC, Christian Drapeau. (Copenhaver, Stephen) |
Filing 39 Joint MOTION Hold in Abeyance Until After Preliminary Injunction Hearing re #36 MOTION to Dismiss for Lack of Jurisdiction , #34 Opposed MOTION to Compel Arbitration by Biomics LLC, Cerule, LLC, Christian Drapeau, Greg Newman, George Tashjian. (Attachments: #1 Proposed Order)(Copenhaver, Stephen) |
Filing 38 RULE 7 DISCLOSURE STATEMENT filed by Stemtech International, Inc.. (Bowers, Allison) |
Filing 37 RULE 7 DISCLOSURE STATEMENT filed by Cerule, LLC. (Copenhaver, Stephen) |
Filing 36 MOTION to Dismiss for Lack of Jurisdiction by Cerule, LLC, Greg Newman, George Tashjian. (Attachments: #1 Affidavit Greg Newman Declaration, #2 Exhibit Ex. 1 to Newman Decl. - License Agreement, #3 Affidavit George Tashjian Declaration, #4 Exhibit Ex. 1 to Tashjian Decl. - Tashjian Inventions Agreement)(Copenhaver, Stephen) |
Filing 35 RULE 7 DISCLOSURE STATEMENT filed by Biomics LLC. (Copenhaver, Stephen) |
Filing 34 Opposed MOTION to Compel Arbitration by Biomics LLC, Christian Drapeau. (Attachments: #1 Affidavit Christian Drapeau Declaration, #2 Exhibit Ex. 1 to Drapeau Decl. - Buy Sell Agreement, #3 Exhibit Ex. 2 to Drapeau Decl. - Employment Agreement, #4 Proposed Order)(Copenhaver, Stephen) |
Text Order GRANTING #32 Motion to Appear Pro Hac Vice by atty John S. Worden entered by Judge Robert Pitman. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg) |
Text Order GRANTING #33 Motion to Appear Pro Hac Vice by atty Stephen M. Copenhaver entered by Judge Robert Pitman. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg) |
Filing 33 MOTION to Appear Pro Hac Vice by Tracey R. Wallace (on behalf of Stephen M. Copenhaver) ( Filing fee $ 100 receipt number 0542-8939686) by on behalf of Christian Drapeau. (Wallace, Tracey) |
Filing 32 MOTION to Appear Pro Hac Vice by Tracey R. Wallace (on behalf of John S. Worden) ( Filing fee $ 100 receipt number 0542-8939610) by on behalf of Christian Drapeau. (Wallace, Tracey) |
Filing 31 Letter/Correspondence to Stephen M. Copenhaver re: non-admission status. (td) |
Filing 30 Letter/Correspondence to John S. Worden re: non-admission status. (td) |
Text Order GRANTING #26 Stemtech International, Inc.'s Unopposed Motion to Withdraw Ali Kamarei, Omid Shabani, and Inhouse Co. as Counsel entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ja) |
Text Order GRANTING #27 Plaintiff Stemtech International, Inc.'s Unopposed Motion for Leave to Exceed Page Limits on Application for Preliminary Injunction entered by Judge Robert Pitman. Local Rule CV-7's page and time limits for dispositive motions will apply to further briefing on Stemtech's Application for Preliminary Injunction. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ja) |
Notice of Correction: re #27 Unopposed MOTION for Leave to Exceed Page Limitation on Its Application for Preliminary Injunction. When filing a Motion for Leave to Exceed Page Limitations in the AUSTIN Division, the document which exceeds the page limit should NOT be attached to the motion, but rather filed as a separate pleading. We will take the necessary steps to pull the Motion for Preliminary Injunction from the Motion for leave to exceed page limit and get it added to the docket record. No further action is required. Please note this information for future filing purposes. (td) |
Filing 29 MOTION for Preliminary Injunction by Stemtech International, Inc.. (Attachments: #1 Declaration in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Proposed Order)(td) |
Filing 28 STATUS REPORT Joint Status Report by Stemtech International, Inc.. (Bowers, Allison) |
Filing 27 Unopposed MOTION for Leave to Exceed Page Limitation on Its Application for Preliminary Injunction by Stemtech International, Inc.. (Attachments: #1 Proposed Order on Motion to Exceed Page Limits, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Proposed Order on Stemtech's Application for Preliminary Injunction)(Bowers, Allison) |
Filing 26 Unopposed MOTION to Withdraw as Attorney by Stemtech International, Inc.. (Attachments: #1 Proposed Order)(Bowers, Allison) |
Filing 25 ORDER STRIKING #21 Motion for Preliminary Injunction. Signed by Judge Robert Pitman. (td) |
Filing 24 Miscellaneous Objection to #21 MOTION for Preliminary Injunction by Christian Drapeau. (Wallace, Tracey) |
Filing 23 NOTICE of Attorney Appearance by Tracey R. Wallace on behalf of Christian Drapeau. Attorney Tracey R. Wallace added to party Christian Drapeau(pty:dft) (Wallace, Tracey) |
Filing 22 SECOND AMENDED COMPLAINT against Biomics LLC, Cerule, LLC, Christian Drapeau, Greg Newman, George Tashjian amending #13 Amended Complaint, filed by Stemtech International, Inc.(td) |
Text Order GRANTING #20 Stemtech International, Inc.'s Unopposed Motion for Leave to File Second Amended Complaint entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ja) |
Filing 21 MOTION for Preliminary Injunction by Stemtech International, Inc.. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Bowers, Allison) |
Filing 20 Unopposed MOTION for Leave to File Second Amended Complaint by Stemtech International, Inc.. (Attachments: #1 Proposed Order, #2 Exhibit)(Bowers, Allison) |
Filing 19 SUMMONS Returned Executed by Stemtech International, Inc.. Christian Drapeau served on 9/8/2016, answer due 9/29/2016. (Bowers, Allison) |
Filing 18 SUMMONS Returned Executed by Stemtech International, Inc.. Cerule, LLC served on 9/8/2016, answer due 9/29/2016. (Bowers, Allison) |
Filing 17 SUMMONS Returned Executed by Stemtech International, Inc.. George Tashjian served on 9/9/2016, answer due 9/30/2016. (Bowers, Allison) |
Filing 16 SUMMONS Returned Executed by Stemtech International, Inc.. Biomics LLC served on 9/8/2016, answer due 9/29/2016. (Bowers, Allison) |
Filing 15 SUMMONS Returned Executed by Stemtech International, Inc.. Greg Newman served on 9/12/2016, answer due 10/3/2016. (Bowers, Allison) |
Set/Reset Deadlines: Motions due by 10/7/2016, (td) |
Filing 12 DEFICIENCY NOTICE to Allison L. Bowers: re #10 Affidavit in Support. (td) |
Text Order GRANTING #6 Motion to Appear Pro Hac Vice by atty Ali Kamarei entered by Judge Robert Pitman. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg) |
Text Order GRANTING #5 Motion to Appear Pro Hac Vice by atty Omid Shabani entered by Judge Robert Pitman. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg) |
Filing 14 Summons Issued as to Biomics LLC, Cerule, LLC, Christian Drapeau, Greg Newman, George Tashjian. (td) |
Filing 13 FIRST AMENDED COMPLAINT against Cerule, LLC, Christian Drapeau, George Tashjian, Biomics LLC, Greg Newman amending #1 Complaint, filed by Stemtech International, Inc.(td) |
Filing 11 ORDER DENYING #7 Motion for a Temporary Restraining Order. Signed by Judge Robert Pitman. (ml) |
Filing 10 AFFIDAVIT in Support Verification of First Amended Complaint by Stemtech International, Inc.. (Bowers, Allison) |
Filing 9 Proposed Order Re: MOTION for Temporary Restraining Order Proposed Order by Stemtech International, Inc.. (Bowers, Allison) Modified on 9/2/2016 to correct event(jf). |
Filing 8 DEFICIENCY NOTICE to Allison L. Bowers: re #7 MOTION for Temporary Restraining Order . (td) |
Notice of Correction: re #9 MOTION for Temporary Restraining Order Proposed Order. Filer selected the wrong event. Correction has been made. No further action is required. Please note this information for future filing purposes. (jf) |
Filing 7 MOTION for Temporary Restraining Order by Stemtech International, Inc.. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit 1 of 2 parts, #5 Affidavit 2 of 2 parts)(Bowers, Allison) |
Filing 6 MOTION to Appear Pro Hac Vice by Allison L. Bowers ( Filing fee $ 100 receipt number 0542-8753359) by on behalf of Stemtech International, Inc.. (Bowers, Allison) |
Filing 5 MOTION to Appear Pro Hac Vice by Allison L. Bowers ( Filing fee $ 100 receipt number 0542-8742594) by on behalf of Stemtech International, Inc.. (Bowers, Allison) |
Filing 4 Letter/Correspondence to Ali Kamarei regarding non-admission status. (trd) |
Filing 3 Letter/Correspondence to Omid Shabani regarding non-admission status. (trd) |
Filing 2 JS44 (Civil Cover Sheet) submitted by Stemtech International, Inc.. (Bowers, Allison) |
Case Assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (trd) |
DEMAND for Trial by Jury by Stemtech International, Inc.. (trd) |
Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-8709186). No Summons requested at this time, filed by Stemtech International, Inc..(Bowers, Allison) |
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