Trail v. Cressell
| Linda Trail |
| David S. Cressell |
| 7:2019cv00191 |
| February 22, 2019 |
| US District Court for the Western District of Virginia |
| Glen E Conrad |
| Thomas T Cullen |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 1, 2022. A more recent docket listing may be available from PACER.
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Filing 67
Clerks Entry of Dismissal with prejudice Pursuant to FRCP 41(a)(1)(A)(ii). (slt)
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Filing 66
STIPULATION of Dismissal by Linda Trail (Lucchetti, Andrew)
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Filing 65
ORDER directing the clerk to close this case per parties having settled this matter at mediation. The court will retain jurisdiction to enforce the settlement and enter the final order of dismissal. Signed by Judge Thomas T. Cullen on 9/26/2022. (slt)
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Filing 64
Notice of Cancellation of Jury Trial set for 11/9/2022-11/10/2022(No Interpreter requested) (Cancel Court Reporter) (ck)
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Filing 63
REPORT of Settlement Conference. I hereby REPORT that the parties settled this matter upon mutually agreeable terms. The parties are to execute any necessary settlement documents and submit an agreed dismissal order to the presiding District Judge within 75 days. Entered by Magistrate Judge Robert S. Ballou on August 30, 2022.(neh)
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Filing 62
Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Settlement Conference held on 8/30/2022. (neh)
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Filing 61
Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Telephone Conference held on 8/16/2022. (neh)
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Filing 60
Order Setting Settlement Conference. Settlement Conference set for 8/25/2022 09:00 AM in via Zoom before Magistrate Judge Robert S. Ballou.. Signed by Magistrate Judge Robert S. Ballou on 7/19/2022. (Attachments: #1 Attachment A)(slt)
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Filing 59
Minute Entry for proceedings held before Judge Thomas T. Cullen: In Chambers Telephonic Status Conference held on 7/8/2022. (ck)
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Filing 58
NOTICE of Hearing: (CR) (No Interpreter requested) Jury Trial set for 11/9/2022-11/10/2022 09:30 AM in Roanoke before Judge Thomas T. Cullen. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. Status Conference(N) set for 7/8/2022 09:00 AM by telephone conference before Judge Thomas T. Cullen. Dial in instructions emailed to counsel.(ck)
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Filing 57
NOTICE of Appearance by Darrell Jordan Getman on behalf of Linda Trail (Getman, Darrell)
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Filing 56
SCHEDULING ORDER: Status Conference set for 7/8/2022 09:00 AM in Roanoke before Judge Thomas T. Cullen. Jury Trial set for 11/9/2022-11/10/2022 09:30 AM in Roanoke before Judge Thomas T. Cullen. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. All nondispositive pretrial motions and issues are hereby referred to the Honorable JudgeRobert S. Ballou, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b)(1)(A). Signed by Judge Thomas T. Cullen on 12/14/2021. (ams)
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Filing 55
Notice Rescheduling Jury Trial previously set for 8/25/22-8/26/22(CR) (No Interpreter requested) Jury Trial now set for 11/9/2022-11/10/2022 09:30 AM in Roanoke before Judge Thomas T. Cullen. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ck)
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Filing 54
NOTICE of Hearing: (CR) (No Interpreter requested) Jury Trial set for 8/25/2022-8/26/2022 09:30 AM in Roanoke before Judge Thomas T. Cullen. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ck)
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Filing 53
Order Referring Case to Magistrate Judge Robert S. Ballou for Mediation. Signed by Judge Thomas T. Cullen on 11/17/2021. (aab)
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Filing 52
MANDATE of USCA as to #40 Notice of Interlocutory Appeal filed by David S. Cressell. (aab)
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Filing 51
AFFIDAVIT of Service for Subpoena to Produce Documents, Information or Objects or to Permit Inspection of Premises in a Civil Action served on Pulaski County Sheriffs Office on 11/03/2021.(ams)
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Filing 50
USCA JUDGMENT as to #40 Notice of Interlocutory Appeal filed by David S. Cressell (aab)
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Filing 49
USCA Memorandum Opinion from 4th Circuit re #40 Notice of Interlocutory Appeal affirming decided on 10/26/2021 (aab)
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Filing 48
Transcript Copy Delivered re #46 Transcript Request, (jm)
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Filing 47
Financial arrangements made (Copy) (14 calendar days Service) re #46 Transcript Request, Transcript due by 12/16/2020. (jm)
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Filing 46
TRANSCRIPT REQUEST (14 calendar days Service) by David S. Cressell for summary judgment hearing held on 10/07/2020 reported by Court Reporter J. Meyer before Judge Cullen. Transcript Due Deadline will be set when Financial Arrangements are made. (Guynn, Jim)
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Filing 45
TRANSCRIPT of Proceedings: Motion held on 10/7/2020 before Judge Cullen. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 12/14/2020. Redacted Transcript Deadline set for 12/28/2020. Release of Transcript Restriction set for 2/22/2021. (jm)
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Filing 44
Financial arrangements made (Original) (Expedited-7 calendar days Service) re #42 Transcript Request, Transcript due by 11/23/2020. (jm)
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Filing 43
NOTICE of Docketing Record on Appeal from USCA re #40 Notice of Interlocutory Appeal filed by David S. Cressell. USCA Case Number 20-2219. Case Manager: Cathi Bennett. (ams)
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Filing 42
TRANSCRIPT REQUEST (Expedited-7 calendar days Service) by Linda Trail for Hearing held on 10/07/2020 reported by Court Reporter J. Meyer before Judge Thomas T. Cullen. Transcript Due Deadline will be set when Financial Arrangements are made. (Lucchetti, Andrew)
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Filing 41
Transmittal of Notice of Appeal to 4CCA re #40 Notice of Interlocutory Appeal NOTE: The Docketing Statement and Transcript Order Form are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov. If CJA24 form(s) are applicable, you must submit a separate Auth-24 for each court reporter from whom you wish to order a transcript through the District Court's eVoucher system. (ams)
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Filing 40
NOTICE OF INTERLOCUTORY APPEAL as to #39 Order on Motion for Summary Judgment by David S. Cressell. Filing fee $ 505, receipt number AVAWDC-3541716. (Guynn, Jim)
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Filing 39
ORDER denying #16 Motion for Summary Judgment. Signed by Judge Thomas T. Cullen on 10/13/2020. (ham)
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Filing 38
MEMORANDUM OPINION. Signed by Judge Thomas T. Cullen on 10/13/2020. (ham)
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Filing 37
Notice of Cancellation of Jury Trial set to begin 11/2/2020 as announced in open court at time of motions hearing/to be rescheduled (No Interpreter requested) (Cancel Court Reporter) (ssm)
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Filing 36
Oral ORDER denying #33 Motion DEEM UNTIMELY re 31 Brief / Memorandum in Support Time Sensitive by Linda Trail. Entered by Judge Thomas T. Cullen on 10/7/2020. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ck)
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Filing 35
Minute Entry for proceedings held before Judge Thomas T. Cullen: Motion Hearing held on 10/7/2020 re #16 MOTION for Summary Judgment filed by David S. Cressell, #33 MOTION DEEM UNTIMELY re #31 Brief / Memorandum in Support Time Sensitive filed by Linda Trail.(Court Reporter: J. Meyer) (ck)
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Filing 34
Brief / Memorandum in Support re #33 MOTION DEEM UNTIMELY re #31 Brief / Memorandum in Support Time Sensitive . filed by Linda Trail. (Lucchetti, Andrew)
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Filing 33
MOTION DEEM UNTIMELY re #31 Brief / Memorandum in Support Time Sensitive by Linda Trail. (Lucchetti, Andrew)
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IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual #Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking you r account can be found by clicking #here. Remember you cannot link your accounts until on or after the court goes live on NextGe n October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc)
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Filing 32
Supplemental Brief / Memorandum in Opposition re #16 MOTION for Summary Judgment . filed by Linda Trail. (Lucchetti, Andrew)
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Filing 31
Supplemental Brief / Memorandum in Support re #16 MOTION for Summary Judgment . filed by David S. Cressell. (Guynn, Jim)
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IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at #ht tps://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc)
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Filing 30
NOTICE Rescheduling Hearing on Motion #16 MOTION for Summary Judgment (CR) previously set for 10/7/2020 at 10:00 am before Judge Cullen in Roanoke:In Person Motion Hearing reset for 10/7/2020 02:00 PM in Roanoke before Judge Thomas T. Cullen. (ssm)
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Filing 29
Minute Entry for proceedings held before Judge Thomas T. Cullen: In Chambers Telephone Conference held on 9/25/2020. (Court Reporter: Donna Prather) (ssm)
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Filing 28
DEPOSITION of David S. Cressell taken on 03/12/2020 by Linda Trail. (Attachments: #1 Exhibit Trail 67)(Lucchetti, Andrew)
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Filing 27
DEPOSITION of Daniel F. Grim taken on 03/12/2020 by Linda Trail.(Lucchetti, Andrew)
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Filing 26
DEPOSITION of Linda Trail taken on 03/12/2020 by Linda Trail.(Lucchetti, Andrew)
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Filing 25
ORDER instructing the parties to file the full transcripts of the depositions of David Cressell, Linda Trail and Daniel F. Grim. Signed by Judge Thomas T. Cullen on 9/25/2020. (ham)
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Filing 24
NOTICE of Hearing via Teleconference: (CR) Status Conference set for 9/25/2020 at 10:00 AM in Roanoke before Judge Thomas T. Cullen. Call-in instructions to be emailed.(ham)
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Filing 23
NOTICE of Hearing on Motion #16 MOTION for Summary Judgment : (CR) Motion Hearing set for 10/7/2020 10:00 AM in Roanoke (Courtroom R2) before Judge Thomas T. Cullen. (ssm)
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IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click #here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800- 676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at #NextGen Information. (mzc) (ADI)
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Filing 22
ORDER TRANSFERRING CASE. Case transferred to Judge Thomas T. Cullen for all further proceedings. Senior Judge Glen E. Conrad no longer assigned to case. Signed by Senior Judge Glen E. Conrad on 09/18/2020. (ssm)
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Filing 21
Notice of Cancellation of TC/Motions Hearing, Monday, June 8, 2020 @ 10:00 am. (No Interpreter requested) (Cancel Court Reporter) (ssm)
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Filing 20
NOTICE of Hearing on Motion #16 MOTION for Summary Judgment : (CR) (No Interpreter requested) Telephonic Motion Hearing set for 6/8/2020 10:00 AM in Roanoke before Senior Judge Glen E. Conrad. Publicly Available through dial in #'s on website. (ssm)
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Filing 19
REPLY to Response to Motion re #16 MOTION for Summary Judgment . filed by David S. Cressell. (Guynn, Jim)
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Filing 18
Brief / Memorandum in Opposition re #16 MOTION for Summary Judgment . filed by Linda Trail. (Attachments: #1 Exhibit A (DSOUF), #2 Exhibit B (Cressell Dep), #3 Exhibit C (Grim Dep), #4 Exhibit D (Carter Dep), #5 Exhibit E (Trail Dep))(Lucchetti, Andrew)
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Filing 17
Brief / Memorandum in Support re #16 MOTION for Summary Judgment . filed by David S. Cressell. (Attachments: #1 Exhibit 1-incident report, #2 Exhibit 2-narrative, #3 Exhibit Cressell deposition pages, #4 Exhibit Trail deposition pages, #5 Exhibit Grim deposition pages)(Guynn, Jim)
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Filing 16
MOTION for Summary Judgment by David S. Cressell. (Guynn, Jim)
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Filing 15
Notice Rescheduling Hearing (CR) (No Interpreter requested) previously set for 6/8/2020 at 9:30 am before Judge Conrad in Roanoke Jury Trial reset from 06/08/2020 due to Covid-19 court closure for 11/2-3/2020 09:30 AM in Roanoke before Senior Judge Glen E. Conrad. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. Final Pretrial deadlines: Submit Jury Instructions 7 days before trial, File Objections to Deposition Testimony or Exhibits 7 days before trial, and Disclose Witnesses and Exhibits 14 days before trial. (MSJ tentatively scheduled for oral argument by telephone on 6/8/2020, Time to be determined)(ssm)
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Filing 14
ANSWER to #13 Amended Complaint by David S. Cressell.(Guynn, Jim)
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Filing 13
AMENDED COMPLAINT against David S. Cressell, filed by Linda Trail.(Lucchetti, Andrew)
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Filing 12
ORDER granting #10 Motion to Amend the Complaint. Signed by Senior Judge Glen E. Conrad on 4/3/2020. (ssm)
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Filing 11
Brief / Memorandum in Support re #10 MOTION to Amend/Correct #1 Complaint . filed by Linda Trail. (Lucchetti, Andrew)
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Filing 10
MOTION to Amend/Correct #1 Complaint by Linda Trail. (Attachments: #1 Exhibit 1)(Lucchetti, Andrew)
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Filing 9
NOTICE of Hearing: (CR) (No Interpreter requested) Jury Trial set for 6/8-6/10/2020 09:30 AM in Roanoke before Senior Judge Glen E. Conrad. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ssm)
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Filing 8
SCHEDULING ORDER: Dispositive Motions Deadline due by 4/29/2020 Jury Trial set for 6/8-6/10/2020 09:30 AM in Roanoke before Senior Judge Glen E. Conrad. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. Discovery due by 4/24/2020. Signed by Senior Judge Glen E. Conrad on 4/30/2019. (ssm)
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| Filing 7 REPORT of Rule 26(f) Planning Meeting (Guynn, Jim) |
| Filing 6 Scheduling Letter (ssm) |
| Filing 5 Magistrate Consent Notice to Parties. (ams) |
| Filing 4 ANSWER to Complaint #1 by David S. Cressell.(Guynn, Jim) |
| Filing 3 Electronic Summons Issued as to David S. Cressell NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(aab) |
| Filing 2 Proposed Summons by Linda Trail as to Linda Trail.(Lucchetti, Andrew) |
| Filing 1 COMPLAINT against David S. Cressell (Filing & Administrative fee $ 400 receipt #0423-3082266.), filed by Linda Trail. (Attachments: #1 Civil Cover Sheet)(ams) |
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| Plaintiff: Linda Trail | |
| Represented By: | Andrew Lucchetti |
| Represented By: | Jonathan Eric Halperin |
| Represented By: | Darrell Jordan Getman |
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| Defendant: David S. Cressell | |
| Represented By: | Jim H. Guynn, Jr. |
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