Knapp v. Preston et al
| Elizabeth D. Knapp |
| Charles W. Preston, II, Princor Financial Services Corporation, Charles G. Preston, Juan Nelson Laines, Anna Laines and Laticom International, Inc. |
| 1:2010cv00292 |
| March 26, 2010 |
| US District Court for the Eastern District of Virginia |
| Alexandria Office |
| Theresa Carroll Buchanan |
| T S Ellis |
| Securities/Commodities |
| 28 U.S.C. § 1331 Fed. Question: Securities Violation |
| Plaintiff |
Docket Report
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| Filing 82 Mail Returned as Undeliverable. Return To Sender/Not Deliverable As Addressed/Unable To Forward. Mail sent to Anna Laines-Order/Document #75. (nhall) |
| Filing 81 Mail sent to Juan Nelson Laines Returned as Undeliverable. (pmil) |
| Notice of Correction re: #79 Stipulation of Dismissal. The filing user has been notified that the attachment, proposed order, was erroneously combined with the main document. (pmil) |
Filing 80
ORDERED that this case is hereby DISMISSED WITH PREJUDICE, each party to bear its own attorney's fees and costs. Signed by District Judge T. S. Ellis, III on 12/28/2010. (rban, )
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| Filing 79 STIPULATION of Dismissal by Elizabeth D. Knapp. (Ward, Daniel) |
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Filing 78
ORDER that Pltf's #77 Consent Motion for a Seven-Day Extension of the Time Required for Laticom to Obtain Counsel be, and is, hereby, GRANTED; Deft Laticom shall have until 12/27/10 at 5:00 p.m. to obtain new counsel. Signed by Magistrate Judge Theresa Carroll Buchanan on 12/21/10. (pmil)
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| Notice of Correction re: #77 Motion for Extension of Time. The filing user has been notified for future reference, that the Waiver of Oral Argument should be filed as a separate document. (pmil) |
| Filing 77 Third MOTION for Extension OF THE TIME REQUIRED FOR LATICOM TO OBTAIN COUNSEL by Elizabeth D. Knapp. (Attachments: #1 Proposed Order, #2 Notice of Waiver of Oral Argument)(Ward, Daniel) |
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Filing 76
ORDER that the final pretrial conference is CONTINUED to 4:00 p.m., Thursday, 01/06/11 (see Order for details). Signed by District Judge T. S. Ellis, III on 12/14/10. (pmil)
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| Reset Hearing: Final Pretrial Conference set for 1/6/2011 at 04:00 PM before District Judge T. S. Ellis III. (pmil) |
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Filing 75
ORDER. Accordingly, and for good cause, It is hereby ORDERED that plaintiff is DIRECTED either to request that the Clerk enter default against Laticom or to dismiss Laticom voluntarily pursuant to Rule 41(a), Fed. R. Civ. P., and to do so not later than 5:00 p.m., Monday, December 20, 2010. (See Order For Details). Signed by District Judge T. S. Ellis, III on 12/13/10. (nhall)
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Filing 74
ORDER that Plaintiff's Consent Motion for a Seven-Day Extension of the Time Required for Laticom to Obtain Counsel be, and is, hereby, GRANTED; and, it is further specifically ORDERED that Defendant Laticocm shall have until December 1, 2010 at 5:00 P.M. to obtain new counsel. (See Order For Details). Signed by District Judge T. S. Ellis, III on 11/29/10. (nhall)
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| Filing 73 Consent MOTION for Extension of the time required for Laticom to Obtain Counse by Elizabeth D. Knapp. (Attachments: #1 Proposed Order, #2 Notice of Waiver of Oral Argument)(Ward, Daniel) |
| Set Deadlines as to #67 First MOTION for Leave to File attorney apperance by 11/29/2010. Motion Hearing set for 12/3/2010 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) |
| Notice of Correction re #67 First MOTION for Leave to File attorney apperance by 11/29/2010. The filing user has been notified to file future documents with the correct signature block. (clar, ) |
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Filing 72
ORDER that Deft Laticom's #67 Motion for Extension of Time to Obtain New Counsel is GRANTED, such that Laticom must retain new counsel and have such counsel file a notice of appearance in this matter no later than 5:00 p.m., Wednesday, 11/24/10 (see Order for details). Signed by District Judge T. S. Ellis, III on 11/10/10. (pmil)
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| Filing 71 PRAECIPE by Anna Laines advising the Court that she is appearing Pro Se (pmil) |
| Filing 70 PRAECIPE by Charles W. Preston, II advising the Court that he is appearing Pro Se (pmil) |
| Filing 69 PRAECIPE by Juan Nelson Laines advising the Court that he is appearing pro se (pmil) |
| Filing 68 Notice of Hearing Date 12/3/2010 re #67 First MOTION for Leave to File attorney apperance by 11/29/2010 (Preston, Charles) |
| Filing 67 First MOTION for Leave to File attorney apperance by 11/29/2010 by Laticom International, Inc.. (Preston, Charles) |
| Per TCB chambers motions set for 10/29/10 on the pleadings (clar, ) |
| Reset Hearings: Final Pretrial Conference set for 12/16/2010 at 10:00 AM before District Judge T. S. Ellis III. (nhall) |
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Filing 66
ORDER granting #63 Motion for Extension of Time to Complete Discovery, the Parties shall have until December 30, 2010 in which to complete depositions and propound written discovery in this case and that the Final Pretrial Conference be rescheduled to December 16, 2010. The parties shall exchange their pretrial submissions by January 17, 2011 and any objections thereto shall be filed by January 31, 2011. (See Order For Details). Signed by Magistrate Judge Theresa Carroll Buchanan on 10/26/10. (nhall) Final Pretrial Conference Date Text Modified on 10/28/2010 (nhall). (Main Document 66 replaced on 10/28/2010) (nhall, ).
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| Set Deadlines as to #63 Joint MOTION for Extension of Time to Complete Discovery, #60 MOTION for Extension of Time to Complete Discovery. Motion Hearing set for 10/29/2010 at 10:00 AM before Magistrate Judge Theresa Carroll Buchanan. (clar, ) |
| MOTIONS REFERRED to Magistrate Judge: Buchanan. #63 Joint MOTION for Extension of Time to Complete Discovery, #60 MOTION for Extension of Time to Complete Discovery (clar, ) |
| Filing 65 Notice of Hearing Date set for 10/29/10 re #63 Joint MOTION for Extension of Time to Complete Discovery (Gary, Brent) |
| Filing 64 Memorandum in Support re #63 Joint MOTION for Extension of Time to Complete Discovery filed by Princor Financial Services Corporation. (Gary, Brent) |
| Filing 63 Joint MOTION for Extension of Time to Complete Discovery by Princor Financial Services Corporation. (Attachments: #1 Proposed Order)(Gary, Brent) |
| Filing 62 Notice of Hearing Date re #60 MOTION for Extension of Time to Complete Discovery (Gary, Brent) |
| Filing 61 Memorandum in Support re #60 MOTION for Extension of Time to Complete Discovery filed by Princor Financial Services Corporation. (Gary, Brent) |
| Filing 60 MOTION for Extension of Time to Complete Discovery by Princor Financial Services Corporation. (Attachments: #1 Proposed Order)(Gary, Brent) |
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Filing 59
ORDER. Accordingly, and for good cause, It is hereby ORDERED that plaintiff Knapp's motion to disqualify (Doc. No. 46) is GRANTED IN PART insofar as defendant Charles G. Preston is not permitted to represent or to provide legal advice to any of his codefendants with respect to any matter in this litigation, and the motion is DENIED IN PART insofar as Charles G. Preston may continue to represent himself pro per if he wishes to do so. It is further ORDERED that, no later than 5:00 p.m., Wednesday, November 10, 2010, defendants Charles W. Preston, II, Juan Nelson Laines, and Anna Laines must either (i) retain new counsel and have such counsel file a notice of appearance in this matter, or (ii) indicate their intention to proceed pro se. It is further ORDERED that defendant Laticom International, Inc. must retain new counsel and have such counsel file a notice of appearance in this matter no later than 5:00 p.m., Wednesday, November 10, 2010. (See Order For Details). Signed by District Judge T. S. Ellis, III on 10/20/10. (nhall)
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| Filing 58 Brief in Support to #46 MOTION to Disqualify Counsel Charles G. Preston filed by Elizabeth D. Knapp. (Ward, Daniel) |
| Filing 57 Memorandum in Support re #51 MOTION for Joinder Plaintiff's Motion to Disqualify Charles G. Preston /Supplemental Memorandum filed by Princor Financial Services Corporation. (Attachments: #1 Proposed Order)(Gary, Brent) |
| Filing 56 Opposition to #46 MOTION to Disqualify Counsel Charles G. Preston filed by Charles G. Preston. (Attachments: #1 Exhibit Joint Defense Agreement, #2 Proposed Order Order)(Preston, Charles) |
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Filing 55
ORDERED that plaintiff Knapp's motion to disqualify is deferred pending further submissions by the parties. It is further Ordered that defendant Charles G. Preston is granted leave to file a supplemental memorandum in opposition to the motion to disqualify no later than 5:00 p.m., Wednesday, October 6, 2010. It is further Ordered that plaintiff Knapp and defendant Princor are granted leave to file supplemental memoranda in support of the motion to disqualify no later than 5:00 p.m., Wednesday, October 13, 2010. Signed by District Judge T. S. Ellis, III on 10/01/2010. (nmcc)
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| Filing 54 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 10/1/2010 re #51 MOTION for Joinder Plaintiff's Motion to Disqualify Charles G. Preston filed by Princor Financial Services Corporation, #46 MOTION to Disqualify Counsel Charles G. Preston filed by Elizabeth D. Knapp. Motion is deferred pending supplemental filings as instructed from the Bench. Appearances: Brent Gary, Kenneth Kolaski, Charles Preston for pltfs; Daniel Ward for defts. (Court Reporter M.Rodriquez) (nmcc) |
| Set Deadlines as to #51 MOTION for Joinder Plaintiff's Motion to Disqualify Charles G. Preston. Motion Hearing set for 10/1/2010 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) |
| Filing 53 Notice of Hearing Date re #51 MOTION for Joinder Plaintiff's Motion to Disqualify Charles G. Preston (Gary, Brent) |
| Filing 52 Memorandum in Support re #51 MOTION for Joinder Plaintiff's Motion to Disqualify Charles G. Preston filed by Princor Financial Services Corporation. (Gary, Brent) |
| Filing 51 MOTION for Joinder Plaintiff's Motion to Disqualify Charles G. Preston by Princor Financial Services Corporation. (Attachments: #1 Proposed Order)(Gary, Brent) |
| Filing 50 Defendants Charles W. Preston II, Charles George Preston, Anna Laines, Juan Nelson Laines, and Laticom International, Inc's ANSWER to Crossclaim by Charles W. Preston II, Charles George Preston, Juan Nelson Laines, Anna Laines, Laticom International, Inc.(Preston, Charles) Modified on 9/20/2010 to correct party filers (stas). |
| Notice of Correction re: #50 Defendants Charles W. Preston II, Charles George Preston, Anna Laines, Juan Nelson Laines, and Laticom International, Inc's ANSWER to Crossclaim filed by Princor by Charles George Preston, Attorney for Defendants. by Anna Laines. Per counsel for the cross defts. the text has been modified to reflect the correct parties/filers of the document. (stas) |
| Filing 49 Opposition to Plaintiff's Motion to filed by Charles G. Preston. (Preston, Charles) |
| Filing 48 ANSWER to #1 Complaint,, CROSSCLAIM against Charles W. Preston, II, Charles G. Preston, Juan nelson Laines, Anna Laines and Laticom International, Inc. by Princor Financial Services Corporation.(Gary, Brent) Text Modified on 9/8/2010 To Reflect Crossclaim Parties(nhall). |
| Set Deadlines as to #46 MOTION to Disqualify Counsel Charles G. Preston. Motion Hearing set for 10/1/2010 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) |
| Filing 47 Notice of Hearing Date set for 10/01/10 re #46 MOTION to Disqualify Counsel Charles G. Preston (Ward, Daniel) |
| Filing 46 MOTION to Disqualify Counsel Charles G. Preston by Elizabeth D. Knapp. (Attachments: #1 Proposed Order)(Ward, Daniel) |
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Filing 45
ORDER. Accordingly, and for good cause, It is hereby ORDERED that Pincor's motion for summary judgment (Doc. No. 24) is DENIED without prejudice to Pincor's right to file promptly a properly supported motion for summary judgment should circumstances warrant. It is further ORDERED that Pincor must file an answer or other responsive pleading as required by Rule 12, Fed. R. Civ. P., no later than 5:00 p.m., Tuesday, September 7, 2010. It is further ORDERED that the hearing on Princor's motion for summary judgment currently scheduled for 10:00 a.m., Friday, September 3, 2010, is CANCELLED. It is further ORDERED that Princor's motion to continue the summary judgment hearing (Doc. No. 44) is DENIED as moot. Signed by District Judge T. S. Ellis, III on 8/31/10. (nhall)
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| Filing 44 MOTION to Continue /Reschedule Summary Judgment Hearing by Princor Financial Services Corporation. (Attachments: #1 Proposed Order)(Gary, Brent) |
| Filing 43 REPLY to Response to Motion re #24 MOTION for Summary Judgment filed by Princor Financial Services Corporation. (Attachments: #1 Exhibit 1)(Gary, Brent) |
| Notice of Correction re #33 Objection, #34 Objection, #35 Objection, #36 Objection, #37 Objection, #38 Objection. The filing user has been notified to re-file the pleadings and certificates of service with the correct signature blocks. (nhall) |
| Filing 42 NOTICE by Elizabeth D. Knapp re #39 Memorandum in Opposition to Motion for Summary Judgment - Notice of Submission of Exhibit 2 (Ward, Daniel) |
| Filing 41 NOTICE by Elizabeth D. Knapp re #39 Memorandum in Opposition to Motion for Summary Judgment - Notice of Submission of Affdavit of Elizabeth Knapp (Ward, Daniel) |
| Filing 40 CERTIFICATE of Service re #39 Memorandum in Opposition by Daniel Sage Ward on behalf of Elizabeth D. Knapp (Ward, Daniel) |
| Filing 39 Memorandum in Opposition re #24 MOTION for Summary Judgment filed by Elizabeth D. Knapp. (Attachments: #1 Affidavit OF ELIZABETH KNAPP, #2 Exhibit 1, #3 Exhibit 2)(Ward, Daniel) |
| Filing 38 Objection Interrogatories & Production filed by Charles G. Preston. (Preston, Charles) |
| Filing 37 Objection Interrogatories & Production filed by Charles W. Preston, II. (Preston, Charles) |
| Filing 36 Objection filed by Charles W. Preston, II. (Preston, Charles) |
| Filing 35 Objection filed by Laticom International, Inc.. (Preston, Charles) |
| Filing 34 Objection filed by Juan Nelson Laines. (Preston, Charles) |
| Filing 33 Objection filed by Anna Laines. (Preston, Charles) |
| Filing 32 SUMMONS Returned Executed Juan Nelson Laines served on 7/23/2010, answer due 8/13/2010. (nhall) |
| Filing 31 ANSWER to Complaint by Charles W. Preston, II.(Preston, Charles) |
| Notice of Correction re #29 Answer to Complaint, #30 Answer to Complaint. The filing user has been notified to file future documents with the required /s/ on the signature line rather than an original cursive signature. (nhall) |
| Filing 30 ANSWER to Complaint by Juan Nelson Laines.(Preston, Charles) |
| Filing 29 ANSWER to Complaint by Anna Laines.(Preston, Charles) |
| Per Order Reset Scheduling Order Deadlines: Final Pretrial Conference set for 11/18/2010 at 10:00 AM before District Judge T. S. Ellis III. Discovery due by 11/12/2010. (ktot, ) |
| Set Deadlines as to #24 MOTION for Summary Judgment. Motion Hearing set for 9/3/2010 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) |
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Filing 28
Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Proposed Discovery Plan filed by the Defendant is approved and shall control discovery to the extent of its application unless further modified by the Court. (See Order For Details). Signed by Magistrate Judge Theresa Carroll Buchanan on 8/11/10. (nhall)
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| Filing 27 Notice of Hearing Date re #24 MOTION for Summary Judgment (Gary, Brent) |
| Filing 26 Minute Entry for proceedings held before Magistrate Judge Theresa Carroll Buchanan: Initial Pretrial Conference held on 8/11/2010. Appearances of counsel for plaintiff and defendants. Discovery plan approved as amended, to include extension of discovery to 11/12/2010. ORDER TO FOLLOW. (Tape #FTR.) (ktot, ) |
| Filing 25 Memorandum in Support re #24 MOTION for Summary Judgment filed by Princor Financial Services Corporation. (Attachments: #1 Exhibit 1 - Part 1, #2 Exhibit 1 - Part 2, #3 Proposed Order)(Gary, Brent) |
| Filing 24 MOTION for Summary Judgment by Princor Financial Services Corporation. (Gary, Brent) |
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Filing 23
ORDER granting appearance Pro hac vice of Joe Ngoc Nguyen Filing fee $ 50, receipt number 14683015248. Signed by District Judge T. S. Ellis, III on 8/6/10. (Attachments: #1 Receipt)(nhall)
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Filing 22
ORDER granting appearance Pro hac vice of Kenneth Matthew Kolaski Filing fee $ 50, receipt number 14683015248. Signed by District Judge T. S. Ellis, III on 8/6/10. (Attachments: #1 Receipt)(nhall)
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| Filing 21 Discovery Plan by Princor Financial Services Corporation.(Gary, Brent) |
| Filing 20 Discovery Plan by Elizabeth D. Knapp.(Ward, Daniel) |
| Filing 19 Opposition to #11 MOTION to Stay Proceedings filed by Princor Financial Services Corporation. (Attachments: #1 Proposed Order)(Gary, Brent) |
| Filing 18 Financial Interest Disclosure Statement (Local Rule 7.1) by Princor Financial Services Corporation. (Gary, Brent) |
| Filing 17 NOTICE of Appearance by Brent Ryan Gary on behalf of Princor Financial Services Corporation (Gary, Brent) |
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Filing 15
ORDER denying #11 Motion to Stay. (See Order For Details). Signed by District Judge T. S. Ellis, III on 7/27/10. (nhall)
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| Filing 16 SUMMONS Returned Executed Princor Financial Services Corporation served on 7/23/2010, answer due 8/13/2010. (nhall) |
| Filing 14 SUMMONS Returned Executed Anna Laines served on 7/23/2010, answer due 8/13/2010. (nhall) |
| Filing 13 Summons In A Civil Action Returned As To Juan Nelson Laines (No Date Of Service On Summons. Plt Counsel Notified To File New Summons With Service Date). (nhall) |
| Filing 12 SUMMONS Returned Executed Charles W. Preston, II served on 7/23/2010, answer due 8/13/2010. (nhall) |
| Filing 11 MOTION to Stay Proceedings by Elizabeth D. Knapp. (Attachments: #1 Proposed Order)(Ward, Daniel) |
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Filing 10
SCHEDULING ORDER: Initial Pretrial Conference set for 8/11/2010 at 11:00 AM before Magistrate Judge Theresa Carroll Buchanan. Final Pretrial Conference set for 10/21/2010 at 11:00 AM before District Judge T. S. Ellis III. Discovery due by 10/15/2010. Signed by District Judge T. S. Ellis, III on 7/13/10. (Attachments: #1 Mag. Consent, #2 Pretrial Notice)(nhall)
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| Notice of Correction re #9 Financial Disclosure Statement. The filing user has been notified to file a separate Certificate of Service for Document #9. (nhall) |
| Filing 9 Financial Interest Disclosure Statement (Local Rule 7.1) by Laticom International, Inc., Charles G. Preston. (Preston, Charles) |
| Filing 8 NOTICE - Pursuant to the Local Rules of this Court and the E-Filing Policies and Procedures manual, electronic case filing is mandatory;therefore, paper documents were returned to counsel (financial disclosure statement). (rban, ) |
| Notice of Correction: re: #7 Answer to Complaint. The filing user has been notified to file future documents with the correct signature block as to the document and Certificate of Service. (pmil) |
| Filing 7 ANSWER to #1 Complaint, by Laticom International, Inc., Charles G. Preston.(Preston, Charles) |
| Filing 6 SUMMONS Returned Executed Laticom International, Inc. served on 4/21/2010, answer due 5/12/2010. (nhall) |
| Filing 5 SUMMONS Returned Executed Charles G. Preston served on 4/21/2010, answer due 5/12/2010. (nhall) |
| Notice of Correction re #3 Affidavit, #4 Affidavit. The filing user has been notified that the filing is exempt from E-Filing according to the ECF Policies and Procedures, Civil Case Exemptions, to file the original completed documents with the Clerks Office and for future filings of this document an original paper document should be filed with the clerks office. (nhall) |
| Filing 4 AFFIDAVIT of Service of Complaint on Charles Preston by Elizabeth D. Knapp. (Ward, Daniel) (nhall, ). |
| Filing 3 AFFIDAVIT of Service of Complaint on Laticom International, Inc. by Elizabeth D. Knapp. (Ward, Daniel) (nhall, ). |
| Filing 2 Summons Issued and given to attorney for service by SPS as to Anna Laines, Juan Nelson Laines, Laticom International, Inc., Charles W. Preston, II, Charles G. Preston, Princor Financial Services Corporation. (nhall) |
| Filing 1 COMPLAINT against Anna Laines, Juan Nelson Laines, Laticom International, Inc., Charles W. Preston, II, Charles G. Preston, Princor Financial Services Corporation ( Filing fee $ 350 receipt number 14683012422.), filed by Elizabeth D. Knapp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Receipt)(nhall) |
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