Kelly v. Prog Services Inc
| Sterling Kelly |
| Prog Services Inc doing business as Money App |
| 2:2025cv01026 |
| November 7, 2025 |
| U.S. District Court for the District of Utah |
| Dustin B Pead |
| Ted Stewart |
| Consumer Credit |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on May 1, 2026. A more recent docket listing may be available from PACER.
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| Filing 44 AFFIDAVIT/DECLARATION of Courtney Ross Brown in Opposition re #41 MOTION to Stay and Memorandum in Support filed by Plaintiff Sterling Kelly. (Brown, Courtney) |
| Filing 43 RESPONSE to Motion re #41 MOTION to Stay and Memorandum in Support filed by Plaintiff Sterling Kelly. (Brown, Courtney) |
| Filing 42 Modification of Docket re #39 Defendant's MOTION to Compel Arbitration: Error: Because the filing requested two possible reliefs, both should have been chosen at filing (this pertains to motions in the alternative as well). Correction: MOTION to Enforce Class Action Waiver added. Docket entry text corrected to reflect additional motion. No further action is needed. Please note for future reference.(alf) |
| Filing 41 MOTION to Stay and Memorandum in Support filed by Defendant Prog Services Inc. (Attachments: #1 Exhibit 1 (W.D. Wash. Order), #2 Exhibit 2 (C.D. Cal. Order)) Motions referred to Dustin B. Pead.(Perkins, Jenny) |
| Filing 40 AFFIDAVIT/DECLARATION of Josue Kannenberg in Support re #39 Defendant's MOTION to Compel Arbitration of Plaintiff's Individual Claims, or, in the Alternative, to Enforce Class Action Waiver in This Court and Memorandum in Support in This Court filed by Defendant Prog Services Inc. (Burt, Steven) |
| Filing 39 MOTION to Compel Arbitration or in the alternative, MOTION to Enforce Class Action Waiver in This Court and Memorandum in Support filed by Defendant Prog Services Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Burt, Steven). Added MOTION on 4/20/2026 (alf). Modified on 4/20/2026 to correct docket entry text (alf). |
Filing 38
ORDER and SCHEDULING ORDER granting #36 Motion for Scheduling Order. Joinder of Parties due by 4/29/2026. Expert Discovery due by 2/8/2027. Motions due by 1/19/2027. Signed by Magistrate Judge Dustin B. Pead on 2/5/2026. (mh)
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Filing 37
DOCKET TEXT ORDER taking under advisement #36 Motion for Scheduling Conference. The parties are to submit their respective proposed schedules to the undersigned electronically to consider within ten days from the date of this order. Signed by Magistrate Judge Dustin B. Pead on 1/28/26. No attached document. (mjw)
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| Filing 36 Joint MOTION for Scheduling Conference filed by Defendant Prog Services Inc. Motions referred to Dustin B. Pead.(Burt, Steven) |
| Filing 35 ANSWER to Complaint filed by Prog Services Inc.(Burt, Steven) |
| Filing 34 NOTICE OF PHV FAILURE TO REGISTER FOR CM/ECF ACCESS: PHV Attorneys Joshua R Jacobson and Jacob L Phillips for Plaintiff Sterling Kelly, and Robert T. Lieber for Defendant Prog Services Inc, have not registered to efile and receive electronic notifications of case activity as required by DUCivR 83-1.1(d)(2). Local counsel must immediately notify the PHV attorneys of this deficiency. Failure to comply with this court's rules may result in revocation of PHV admission. (alt) |
| Modification of Docket. Correction: Dft party's name has been corrected to conform more closely with this court's "Standards and Guidelines for Adding Parties" (punctuation mark removed from name). (alt) |
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Filing 33
ORDER granting #32 Motion for Extension of Time to Answer Answer. Defendant Prog Services, Inc. d/b/a Money App shall have up to and including December 22, 2025 to answer, move, or otherwise respond to the Complaint in this action. Signed by Magistrate Judge Dustin B. Pead on 12/8/2025. (mh)
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| Filing 32 Second MOTION for Extension of Time to File Answer filed by Defendant Prog Services, Inc. Motions referred to Dustin B. Pead.(Burt, Steven) |
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Filing 31
ORDER granting #27 Motion for Admission Pro Hac Vice of Attorney Robert T. Lieber for Prog Services, Inc.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 12/1/2025. (mh)
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Filing 30
ORDER granting #26 Motion for Admission Pro Hac Vice of Attorney John Chesley Burruss for Prog Services, Inc.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 12/1/2025. (mh)
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Filing 29
ORDER granting #25 Motion for Admission Pro Hac Vice of Attorney Jenny Nicole Perkins for Prog Services, Inc.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 12/1/2025. (mh)
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Filing 28
ORDER granting #24 Motion for Admission Pro Hac Vice of Attorney Daniel J.T. McKenna for Prog Services, Inc.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 12/1/2025. (mh)
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| Filing 27 MOTION for Admission Pro Hac Vice of Robert T. Lieber , Registration fee $ 50, receipt number AUTDC-5628134,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Prog Services, Inc. (Attachments: #1 Exhibit Exh. 1 - PHV Application, #2 Text of Proposed Order Exh. 2 - Proposed Order)(Burt, Steven) |
| Filing 26 MOTION for Admission Pro Hac Vice of John Chesley Burruss , Registration fee $ 50, receipt number AUTDC-5628125,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Prog Services, Inc. (Attachments: #1 Exhibit Exh. 1 - PHV Application, #2 Text of Proposed Order Exh. 2 - Proposed Order)(Burt, Steven) |
| Filing 25 MOTION for Admission Pro Hac Vice of Jenny N. Perkins , Registration fee $ 50, receipt number AUTDC-5628118,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Prog Services, Inc. (Attachments: #1 Exhibit Exh. 1 - PHV Application, #2 Text of Proposed Order Exh. 2 - Proposed Order)(Burt, Steven) |
| Filing 24 MOTION for Admission Pro Hac Vice of Daniel J.T. McKenna , Registration fee $ 50, receipt number AUTDC-5628110,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Prog Services, Inc. (Attachments: #1 Exhibit Exh. 1 - PHV Aplication, #2 Text of Proposed Order Exh. 2 - Proposed Order)(Burt, Steven) |
| Filing 23 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-3 has not been obtained. Case randomly assigned to Judge Ted Stewart and Magistrate Judge Dustin B. Pead. Magistrate Judge is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Dustin B. Pead no longer assigned as the presiding judge to the case. (mh) |
| Filing 22 RECEIVED Consent/Reassignment Form from Defendant Prog Services, Inc. (mh) |
| Filing 21 RECEIVED Consent/Reassignment Form from Plaintiff Sterling Kelly. (mh) |
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Filing 20
ORDER granting #14 Motion for Admission Pro Hac Vice of Attorney Jacob L Phillips for Sterling Kelly.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 11/20/2025. (sg)
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Filing 19
ORDER granting #13 Motion for Admission Pro Hac Vice of Attorney Joshua R Jacobson for Sterling Kelly.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 11/20/2025. (sg)
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Filing 18
ORDER granting #12 Motion for Admission Pro Hac Vice of Attorney Connor Thompson for Sterling Kelly.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 11/20/2025. (sg)
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Filing 17
ORDER granting #11 Motion for Admission Pro Hac Vice of Attorney Courtney Ross Brown for Sterling Kelly.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 11/20/2025. (sg)
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Filing 16
ORDER granting #10 Motion for Admission Pro Hac Vice of Attorney Edwin Lee Lowther III Jared D. Scott for Sterling Kelly.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 11/20/2025. (sg) Modified on 11/20/2025 Text stricken, added attorney whom was granted to appear PRO HAC VICE.(sg).
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Filing 15
ORDER granting #9 Motion for Admission Pro Hac Vice of Attorney Randall K Pulliam for Sterling Kelly.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 11/20/2025. (sg)
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| Filing 14 MOTION for Admission Pro Hac Vice of Jacob L. Phillips , Registration fee $ 50, receipt number AUTDC-5620448,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Sterling Kelly. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order Proposed Order Granting Pro Hac Vice Admission)(Scott, Jared) |
| Filing 13 MOTION for Admission Pro Hac Vice of Joshua R. Jacobson , Registration fee $ 50, receipt number AUTDC-5620440,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Sterling Kelly. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order Proposed Order Granting Pro Hac Vice Admission)(Scott, Jared) |
| Filing 12 MOTION for Admission Pro Hac Vice of Connor Thompson , Registration fee $ 50, receipt number AUTDC-5620429,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Sterling Kelly. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order Proposed Order Granting Pro Hac Vice Admission)(Scott, Jared) |
| Filing 11 MOTION for Admission Pro Hac Vice of Courtney Ross Brown , Registration fee $ 50, receipt number AUTDC-5620418,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Sterling Kelly. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order Proposed Order Granting Pro Hac Vice Admission)(Scott, Jared) |
| Filing 10 MOTION for Admission Pro Hac Vice of Edwin Lee Lowther III , Registration fee $ 50, receipt number AUTDC-5620361,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Sterling Kelly. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order Proposed Order Granting Pro Hac Vice Admission)(Scott, Jared) |
| Filing 9 MOTION for Admission Pro Hac Vice of Randall K. Pulliam , Registration fee $ 50, receipt number AUTDC-5620344,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Sterling Kelly. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order Proposed Order Granting Pro Hac Vice Admission)(Scott, Jared) |
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Filing 8
ORDER granting #6 Motion for Extension of Time to Answer re #1 Complaint. Answer deadline updated for Prog Services, Inc answer due 12/8/2025. Signed by Magistrate Judge Dustin B. Pead on 11/13/2025. (sg)
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| Filing 7 Modification of Docket re #6 Stipulated MOTION for Extension of Time to File Response/Reply to Complaint: Error: Counsel filed Stipulated MOTION for Extension of Time to File Response/Reply to Complaint using the incorrect event. Correction: Changed event type to "Motion for Extension of time to file Answer". No further action is needed. (sg) |
| Filing 6 Motion for Extension of Time to File Answer Stipulated MOTION for Extension of Time to File Response/Reply to Complaint filed by Defendant Prog Services, Inc. (Burt, Steven) Modified on 11/14/2025- Counsel used the incorrect when filing his pleading. Changed event type to Motion for Extension of Time to File Answer (sg). |
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Filing 5
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 11/12/25. (jwt)
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| Filing 4 NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-3, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at [email protected] or mail to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiff Sterling Kelly, Defendant Prog Services, Inc. Form due by 12/1/2025. (mh) |
| Filing 3 NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form #motion is available on the court's website. Notice e-mailed or mailed to Plaintiff Sterling Kelly, Defendant Prog Services, Inc. (sg) |
| Magistrate Judge Dustin B. Pead added. Case number will now read 2:25-cv-01026-DBP. Please make changes to document captions accordingly. (sg) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Prog Services, Inc. dba Money App. (Burt, Steven) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $ 405, receipt number AUTDC-5610496) filed by Prog Services, Inc. dba Money App. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet Civil Cover Sheet) (Burt, Steven) |
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