Associates in Periodontics, PLC v. The Cincinnati Insurance Company
ASSOCIATES IN PERIODONTICS, PLC |
The Cincinnati Insurance Company |
2:2020cv00171 |
October 28, 2020 |
US District Court for the District of Vermont |
William K Sessions |
Insurance |
28 U.S.C. § 2201 |
Plaintiff |
Docket Report
This docket was last retrieved on May 18, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 74 JUDGMENT - case is dismissed. Signed by Deputy Clerk on 5/18/2021. (Attachments: #1 Notice to Litigants (appeal period expires 6/17/2021))(law) |
Filing 73 OPINION AND ORDER granting #21 Motion to Dismiss and denying as moot #50 Motion for Protective Order, #50 Motion to Stay Discovery During Pendency of Its Motion to Dismiss, #54 Cross-Motion to Adopt Plaintiff's Proposed Discovery Schedule, #63 Motion to Compel Discovery Responses. Signed by Judge William K. Sessions III on 5/17/2021. (law) |
Filing 72 MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Status Conference + Motion Hearing held on 5/10/2021 re #50 MOTION for Protective Order and MOTION to Stay Discovery During Pendency of Its Motion to Dismiss; #63 MOTION to Compel Discovery Responses; #21 MOTION to Dismiss. Gregory Weimer, Esq. and William Merlin, Esq. present (by video) for plaintiff; Kathleen Adams, Esq. and Shapleigh Smith, Esq. present (in person) for defendant. Statements by counsel. ORDERED: motions taken under advisement. (Court Reporter: Anne Nichols Pierce) (law) |
Filing 71 NOTICE of Supplemental Authority by The Cincinnati Insurance Company re #21 MOTION to Dismiss (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Adams, Kathleen) |
Filing 70 NOTICE of Supplemental Authority by Associates In Periodontics, PLC re #21 MOTION to Dismiss. (Attachments: #1 Index of Exhibits, #2 Exhibit A)(Weimer, Gregory) Link clarified on 5/10/2021 (law). |
Filing 69 NOTICE of Supplemental Authority by Associates In Periodontics, PLC re #21 MOTION to Dismiss. (Attachments: #1 Index of Exhibits, #2 Exhibit A)(Weimer, Gregory) Link clarified on 5/6/2021 (law). |
Filing 68 REPLY to Response to #63 MOTION to Compel Discovery Responses filed by Associates In Periodontics, PLC. (Schwartzbaum, Adam) |
Filing 67 NOTICE of Hearing re: #21 MOTION to Dismiss , #50 MOTION for Protective Order and MOTION to Stay Discovery During Pendency of Its Motion to Dismiss. Motion Hearing and Status Conference set for 5/10/2021 at 09:30 AM in Burlington Courtroom 110 before Judge William K. Sessions III.(law) |
Filing 66 ORDER granting #65 Motion for Status Conference. Signed by Judge William K. Sessions III on 4/26/2021. (This is a text-only Order.) (eae) |
Filing 65 JOINT MOTION for Hearing/Status Conference filed by Associates In Periodontics, PLC. (Attachments: #1 Proposed Order)(Schwartzbaum, Adam) Event clarified on 4/26/2021 (law). |
Filing 64 RESPONSE in Opposition re #63 MOTION to Compel Discovery Responses filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibit A, #2 Attachment 1, #3 Attachment 2, #4 Attachment 3, #5 Attachment 4, #6 Attachment 5, #7 Attachment 6, #8 Attachment 7, #9 Attachment 8, #10 Attachment 9, #11 Attachment 10, #12 Attachment 11, #13 Attachment 12, #14 Attachment 13, #15 Attachment 14, #16 Attachment 15, #17 Attachment 16, #18 Attachment 17, #19 Attachment 18, #20 Attachment 19, #21 Attachment 20, #22 Attachment 21, #23 Attachment 22, #24 Attachment 23, #25 Attachment 24, #26 Attachment 25, #27 Attachment 26, #28 Attachment 27, #29 Attachment 28, #30 Attachment 29)(Adams, Kathleen) |
Filing 63 MOTION to Compel Discovery Responses filed by Associates In Periodontics, PLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schwartzbaum, Adam) |
Filing 62 NOTICE of Supplemental Authority by Associates In Periodontics, PLC re #21 MOTION to Dismiss. (Attachments: #1 Exhibit A)(Weimer, Gregory) Link clarified on 3/30/2021 (law). |
Filing 61 NOTICE OF DOCKET ENTRY CORRECTION re: #60 Third Notice of Supplemental Authority filed by The Cincinnati Insurance Company. Exhibits A, C and F have been replaced to remove the illegible duplicate pdf header(s). The corrected documents are now attached to #60 and this entry. (Attachments: #1 Exhibit C, #2 Exhibit F) (law) |
Filing 60 THIRD NOTICE of Supplemental Authority by The Cincinnati Insurance Company re #21 MOTION to Dismiss (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Adams, Kathleen) (Attachments 1, 3 and 6 replaced on 3/29/2021) (law). |
Filing 59 REPLY to Response to #50 MOTION for Protective Order and MOTION to Stay Discovery During Pendency of Its Motion to Dismiss filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Adams, Kathleen) |
Filing 58 NOTICE OF APPEARANCE by Kathleen F. Adams, Esq on behalf of The Cincinnati Insurance Company.(Adams, Kathleen) |
Filing 57 DISCOVERY CERTIFICATE re: Objections to First Set of Interrogatories and Objections to First Set of Requests for Production by The Cincinnati Insurance Company. (Smith, Jr., Shapleigh) |
Filing 56 SECOND NOTICE Supplemental Authority by The Cincinnati Insurance Company re #21 MOTION to Dismiss. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Smith, Jr., Shapleigh) |
Filing 55 RESPONSE in Opposition re #50 MOTION for Protective Order and MOTION to Stay Discovery During Pendency of Its Motion to Dismiss filed by Associates In Periodontics, PLC. (Schwartzbaum, Adam) (same documents as #54 ) |
Filing 54 CROSS-MOTION to Adopt Plaintiff's Proposed Discovery Schedule filed by Associates In Periodontics, PLC. (Attachments: #1 Proposed Order)(Schwartzbaum, Adam) (same document as #55 ) |
Filing 53 NOTICE of Supplemental Authority by Associates In Periodontics, PLC re #21 MOTION to Dismiss. (Attachments: #1 Exhibit A)(Weimer, Gregory) Link/attachment description clarified on 3/5/2021 (law). |
Filing 52 NOTICE of Supplemental Authority by Associates In Periodontics, PLC re #21 MOTION to Dismiss. (Attachments: #1 Exhibit A)(Weimer, Gregory) Modified on 3/2/2021 (law). |
Filing 51 NOTICE OF DOCKET ENTRY REMOVAL: Document 49 has been removed from the docket; see Document #50 for corrected filing. NOTICE OF DOCKET ENTRY CORRECTION: Docket text for Document #50 has been corrected to read: MOTION for Protective Order and MOTION to Stay Discovery During Pendency of Its Motion to Dismiss. (law) |
Filing 50 MOTION for Protective Order and MOTION to Stay Discovery During Pendency of Its Motion to Dismiss filed by The Cincinnati Insurance Company. (Attachments: #1 Declaration of Shapleigh Smith, Jr.)(Smith, Jr., Shapleigh). Added MOTION for Protective Order and removed link on 2/26/2021 (law). |
Filing 49 Entry removed from the docket. |
Filing 48 NOTICE of Supplemental Authority by The Cincinnati Insurance Company re #21 MOTION to Dismiss. (Attachments: #1 Exhibit A)(Smith, Jr., Shapleigh) Link added on 2/25/2021 (law). |
Filing 47 NOTICE OF DOCKET ENTRY CORRECTION re: #46 Notice of Supplemental Authority filed by Associates In Periodontics, PLC. The incorrect document was uploaded at time of entry and has been replaced. Also, Exhibit A has been replaced to remove the illegible duplicate pdf header(s). The corrected documents are now attached to #46 and this entry. (Attachments: #1 Exhibit A) (law) |
Filing 46 NOTICE of Supplemental Authority by Associates In Periodontics, PLC re #21 MOTION to Dismiss. (Attachments: #1 Exhibit A)(Weimer, Gregory) Link clarified and Main Document, Attachment 1 replaced on 2/24/2021) (law). |
Filing 45 LETTER SENT re: #34 proposed stipulated discovery schedule non-compliance with LR 26(a)(4); case will be set for a scheduling conference unless compliant stipulated schedule is filed. (law) |
Filing 44 DISCOVERY CERTIFICATE re: Notice of Intent to Serve Subpoena by Associates In Periodontics, PLC.(Merlin, Jr., William) |
Filing 43 DISCOVERY CERTIFICATE re: Notice of Intent to Serve Subpoena by Associates In Periodontics, PLC.(Merlin, Jr., William) |
Filing 42 NOTICE of Supplemental Authority by Associates In Periodontics, PLC re #21 MOTION to Dismiss. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Weimer, Gregory) Link and attachment descriptions clarified on 2/3/2021 (law). |
Filing 41 NOTICE of Supplemental Authorities by The Cincinnati Insurance Company re #21 MOTION to Dismiss (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P)(Smith, Jr., Shapleigh) |
Filing 40 DISCOVERY CERTIFICATE - Initial Disclosures by Associates In Periodontics, PLC.(Merlin, Jr., William) |
Filing 39 DISCOVERY CERTIFICATE - Initial Disclosures by The Cincinnati Insurance Company.(Smith, Jr., Shapleigh) |
Filing 38 NOTICE of Supplemental Authority by Associates In Periodontics, PLC re #21 MOTION to Dismiss. (Attachments: #1 Exhibit A)(Weimer, Gregory) Text/link clarified on 1/22/2021 (law). |
Filing 37 ORDER granting as unopposed #35 Motion to Exceed Page Limit for Reply Memorandum re: #21 MOTION to Dismiss. Signed by Judge William K. Sessions III on 1/15/2021. (This is a text-only Order.) (eae) |
Filing 36 REPLY to Response to #21 MOTION to Dismiss filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1, #2 Attachment 1, #3 Attachment 2, #4 Attachment 3, #5 Attachment 4, #6 Attachment 5, #7 Attachment 6, #8 Attachment 7, #9 Attachment 8, #10 Attachment 9, #11 Attachment 10, #12 Attachment 11, #13 Attachment 1, #14 Attachment 13, #15 Attachment 14, #16 Attachment 15, #17 Attachment 16, #18 Attachment 17, #19 Attachment 18, #20 Attachment 19, #21 Attachment 20, #22 Attachment 21, #23 Attachment 22, #24 Attachment 23, #25 Attachment 24, #26 Attachment 25, #27 Attachment 26, #28 Attachment 27, #29 Attachment 28, #30 Attachment 29, #31 Attachment 30, #32 Attachment 31, #33 Attachment 32, #34 Attachment 33, #35 Attachment 34, #36 Attachment 35, #37 Attachment 36, #38 Attachment 37, #39 Attachment 38, #40 Attachment 39, #41 Attachment 40, #42 Attachment 41, #43 Attachment 42)(Smith, Jr., Shapleigh) Attachment descriptions clarified on 1/15/2021 (law). |
Filing 35 MOTION for Leave to Exceed Page Limit for Reply Memorandum re: #21 MOTION to Dismiss filed by The Cincinnati Insurance Company.(Smith, Jr., Shapleigh) Text clarified, link added on 1/15/2021 (law). |
Filing 34 PROPOSED Stipulated Discovery Schedule/Order filed by Associates in Periodontics, PLC. (Schwartzbaum, Adam) Text clarified on 1/12/2021 (law). |
Filing 33 ORDER granting #32 Motion for Extension of Time to File Response/Reply re #21 MOTION to Dismiss . Reply due by 1/14/2021. Signed by Judge William K. Sessions III on 1/4/2021. (law) |
Filing 32 MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss filed by The Cincinnati Insurance Company. (Attachments: #1 Proposed Order)(Smith, Jr., Shapleigh) |
Filing 31 ORDER granting #30 Agreed-To Motion for Extension of Time to File Joint Case Management Report. Signed by Judge William K. Sessions III on 12/23/2020. (law) |
Filing 30 AGREED-TO MOTION for Extension of Time to File Joint Case Management Report filed by Associates In Periodontics, PLC. (Attachments: #1 Proposed Order)(Moskowitz, Adam) |
Filing 29 ORDER granting #28 Motion for Admission of William F. Merlin Pro Hac Vice; granting #22 Motion to Exceed Page Limit re #21 MOTION to Dismiss. Signed by Judge William K. Sessions III on 12/21/2020. (This is a text-only Order.) (eae) |
Filing 28 STIPULATED MOTION for Admission Pro Hac Vice of William F. Merlin, Jr., Esq. filed by Associates In Periodontics, PLC. (Attachments: #1 Affidavit of William F. Merlin, Jr., Esq., #2 Certificate of Good Standing)(jlh) |
Filing 27 NOTICE OF DOCKET ENTRY CORRECTION re: #26 Response in Opposition to #21 Motion to Dismiss filed by Associates In Periodontics, PLC. Exhibits 5, 6 and 9 have been replaced to remove the illegible duplicate pdf header(s). The corrected documents are now attached to #26 and this entry. (Attachments: #1 Exhibit 6, #2 Exhibit 9) (law) Link added on 12/21/2020 (jlh). |
Filing 26 RESPONSE in Opposition re #21 MOTION to Dismiss filed by Associates In Periodontics, PLC. (Attachments: #1 Index of Exhibits, #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)(Weimer, Gregory) (Attachments 6, 7 and 10 replaced on 12/15/2020) (law). |
Filing 25 ORDER granting #23 Stipulated Motion for the Admission Pro Hac Vice of Adam M. Moskowitz and Adam A. Schwartzbaum. Signed by Judge William K. Sessions III on 11/19/2020. (This is a text-only Order.) (eae) |
Filing 24 NOTICE OF DOCKET ENTRY CORRECTION re: #23 STIPULATED MOTION for Admission Pro Hac Vice of Adam M. Moskowitz and Adam A. Schwartzbaum filed by Associates In Periodontics, PLC. The original attachments having been received, they have been replaced and watermarks removed. The corrected documents are now attached to #23 and this entry. (Attachments: #1 Certificate of Good Standing, #2 Affidavit of Adam A. Schwartzbaum, Esq., #3 Certificate of Good Standing) (law) |
Filing 23 STIPULATED MOTION for Admission Pro Hac Vice of Adam M. Moskowitz and Adam A. Schwartzbaum filed by Associates In Periodontics, PLC. (Attachments: #1 Affidavit of Adam M. Moskowitz, #2 Certificate of Good Standing, #3 Affidavit of Adam A. Schwartzbaum, #4 Certificate of Good Standing)(law) (Attachments 1 - 4 replaced on 11/19/2020) (law). |
Filing 22 MOTION for Leave to Exceed Page Limit re #21 MOTION to Dismiss filed by The Cincinnati Insurance Company. (Attachments: #1 Certificate of Service)(Smith, Jr., Shapleigh) |
Filing 21 MOTION to Dismiss filed by The Cincinnati Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Certificate of Service)(Smith, Jr., Shapleigh) |
Filing 20 ORDER granting #17 STIPULATED MOTION to Set Briefing Schedule for Defendant's Motion to Dismiss. Motion to Dismiss due by 11/12/2020; response due by 12/14/2020 and reply due by 1/7/2021. Signed by Judge William K. Sessions III on 11/10/2020. (law) |
Filing 19 NOTICE of Withdrawal of Counsel by The Cincinnati Insurance Company (Smith, Jr., Shapleigh) |
Filing 18 NOTICE OF APPEARANCE by Shapleigh Smith, Jr., Esq on behalf of The Cincinnati Insurance Company.(Smith, Jr., Shapleigh) |
Filing 17 STIPULATED MOTION to Set Briefing Schedule for Defendant's Motion to Dismiss filed by Associates In Periodontics, PLC. (Attachments: #1 Proposed Order)(Weimer, Gregory) |
Filing 16 NOTICE OF APPEARANCE by Gregory A. Weimer, Esq on behalf of Associates in Periodontics, PLC. (Weimer, Gregory) |
Filing 15 CASE TRANSFERRED IN from District of New Jersey; Case Number 3:20-cv-11385. |
Filing 14 CONSENT ORDER transferring this case to the U.S. District Court for the District of Vermont. It is further Ordered that Defendant's #10 and #11 Motions to Dismiss are withdrawn. Signed by Chief Judge Freda L. Wolfson on 10/28/2020. (jmh) [Transferred from New Jersey on 10/28/2020.] |
Filing 13 STIPULATION re #10 MOTION to Dismiss under Fed. R. Civ. P. 12(b)(2) and 12(b)(3) or Motion to Transfer, #11 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(6) Consent Order to Transfer by ASSOCIATES IN PERIODONTICS, PLC. (FARRELL, RYAN) [Transferred from New Jersey on 10/28/2020.] |
CLERK'S QUALITY CONTROL MESSAGE - The MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(6) (ECF Nos. #9 and #11 ) submitted by Kathleen Collins on 10/21/2020 appear to be duplicates. These submissions will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (jdb) [Transferred from New Jersey on 10/28/2020.] |
Filing 12 Corporate Disclosure Statement by THE CINCINNATI INSURANCE COMPANY identifying Cincinnati Financial Corporation as Corporate Parent.. (COLLINS, KATHLEEN) [Transferred from New Jersey on 10/28/2020.] |
Filing 11 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(6) by THE CINCINNATI INSURANCE COMPANY. Responses due by 11/2/2020 (Attachments: #1 Brief In Support of Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6), #2 Certification Of Counsel in Support of Motion to Dismiss Under 12(b)(6), #3 Exhibit Exhibits A-HH, #4 Text of Proposed Order, #5 Certificate of Service)(COLLINS, KATHLEEN) [Transferred from New Jersey on 10/28/2020.] |
Filing 10 MOTION to Dismiss under Fed. R. Civ. P. 12(b)(2) and 12(b)(3) or Motion to Transfer by THE CINCINNATI INSURANCE COMPANY. Responses due by 11/16/2020 (Attachments: #1 Brief in Support of 12(b)2 and 12(b)3 or Motion to Transfer, #2 Certification under Fed. R. Civ. P. 12(b)(2) and 12(b)(3) or Motion to Transfer, #3 Exhibit A thru Z, #4 Text of Proposed Order, #5 Certificate of Service)(COLLINS, KATHLEEN) [Transferred from New Jersey on 10/28/2020.] |
Filing 9 MOTION to Dismiss under Fed. R. Civ. P. 12(b)(6) by THE CINCINNATI INSURANCE COMPANY. Responses due by 11/16/2020 (Attachments: #1 Brief in Support of 12(b)(6) Motion to Dismiss, #2 Certification of Kathleen J. Collins, Esquire in Support of 12(b)(6) Motion to Dismiss, #3 Exhibit A thru Z, #4 Text of Proposed Order, #5 Certificate of Service)(COLLINS, KATHLEEN) [Transferred from New Jersey on 10/28/2020.] |
Filing 8 STIPULATION AND ORDER extending Defendant's time to answer, move, or otherwise reply to 10/21/2020. Signed by Magistrate Judge Douglas E. Arpert on 10/16/2020. (jmh) [Transferred from New Jersey on 10/28/2020.] |
Filing 7 STIPULATION AND ORDER granting application. Defendant's time to answer, move, or otherwise reply is extended to 10/16/2020. Signed by Magistrate Judge Douglas E. Arpert on 10/20/2020. (jmh) [Transferred from New Jersey on 10/28/2020.] |
Filing 6 STIPULATION and Proposed Order to Extend Time 14 Days to Respond to Complaint by THE CINCINNATI INSURANCE COMPANY. (COLLINS, KATHLEEN) [Transferred from New Jersey on 10/28/2020.] |
Filing 5 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant The Cincinnati Insurance Company. (COLLINS, KATHLEEN) [Transferred from New Jersey on 10/28/2020.] |
CLERK'S QUALITY CONTROL MESSAGE - The #5 Stipulation filed by Kathleen Collins on 09/29/2020 was submitted incorrectly as a Application and Proposed Order for Clerk's Order. PLEASE RESUBMIT THE Stipulation. This submission will remain on the docket unless otherwise ordered by the court. (jdb) [Transferred from New Jersey on 10/28/2020.] |
Filing 4 Corporate Disclosure Statement by ASSOCIATES IN PERIODONTICS, PLC. (FARRELL, RYAN) [Transferred from New Jersey on 10/28/2020.] |
Filing 3 Application and Proposed Order for Clerk's Order to extend time to answer as to The Cincinnati Insurance Company. Attorney KATHLEEN J. COLLINS for THE CINCINNATI INSURANCE COMPANY added. (COLLINS, KATHLEEN) [Transferred from New Jersey on 10/28/2020.] |
Clerk`s Text Order - The document #3 Application for Clerk's Order to Ext Answer/Proposed Order submitted by THE CINCINNATI INSURANCE COMPANY has been GRANTED. The answer due date has been set for 10/02/2020. (jdb) [Transferred from New Jersey on 10/28/2020.] |
Filing 2 SUMMONS ISSUED as to THE CINCINNATI INSURANCE COMPANY. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (abr ) [Transferred from New Jersey on 10/28/2020.] |
Chief Judge Freda L. Wolfson and Magistrate Judge Douglas E. Arpert added. (abr) [Transferred from New Jersey on 10/28/2020.] |
Filing 1 COMPLAINT against THE CINCINNATI INSURANCE COMPANY ( Filing and Admin fee $ 400 receipt number ANJDC-11258948) with JURY DEMAND, filed by ASSOCIATES IN PERIODONTICS, PLC. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit A)(FARRELL, RYAN) [Transferred from New Jersey on 10/28/2020.] |
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