Baker v. United Parcel Service Inc
Plaintiff: Justin Baker
Defendant: United Parcel Service Inc
Case Number: 2:2021cv00114
Filed: March 16, 2021
Court: US District Court for the Eastern District of Washington
Presiding Judge: Salvador Mendoza
Referring Judge: Thomas O Rice
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 451 Employment Discrimination
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 5, 2023 Opinion or Order Filing 74 ORDER Granting in Part Class Certification, ECF No. #57 . Signed by Judge Thomas O. Rice.
June 21, 2023 Opinion or Order Filing 73 ORDER granting #72 Motion for Leave to Appear Pro Hac Vice. Attorney Jacob Dean added for United Parcel Service, Inc. Signed by Judge Thomas O. Rice. TEXT ORDER ONLY; NO PDF WILL ISSUE. (LG, Law Clerk)
June 20, 2023 Opinion or Order Filing 72 MOTION to Appear Pro Hac Vice re Attorney: Jacob Dean. Filing fee $ 200, receipt number AWAEDC-4317665. by All Defendants. Motion Hearing set for 7/20/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: #1 Affidavit Declaration of Jacob Dean in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Proposed Order Granting Permission to Jacob Dean to Participate Pro Hac Vice)(Harmeling, Sally)
June 16, 2023 Opinion or Order Filing 71 DECLARATION by Michael J. Scimone in Support re #57 MOTION to Certify Class filed by Justin Baker. (Scimone, Michael)
June 16, 2023 Opinion or Order Filing 70 REPLY MEMORANDUM re #57 MOTION to Certify Class filed by Justin Baker. (Scimone, Michael)
May 26, 2023 Opinion or Order Filing 69 DECLARATION by Naomi G. Beer in Opposition re #57 MOTION to Certify Class filed by All Defendants. (Beer, Naomi)
May 26, 2023 Opinion or Order Filing 68 RESPONSE to Motion re #57 MOTION to Certify Class filed by United Parcel Service Inc, United Parcel Service Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Beer, Naomi)
May 2, 2023 Opinion or Order Filing 67 ORDER granting #66 Unopposed Motion for Extension of Time. Defendants' Response to Plaintiff's Motion for Class Certification shall be filed no later than 5/26/2023. Plaintiff's Reply, if any, shall be filed no later than 6/16/2023. Signed by Judge Thomas O. Rice. TEXT ORDER ONLY; NO PDF WILL ISSUE. (LG, Law Clerk)
May 2, 2023 Opinion or Order Filing 66 First MOTION for Extension of Time to File Opposition to Motion for Class Certification by All Defendants. Motion Hearing set for 6/1/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: #1 Text of Proposed Order)(Beer, Naomi)
April 7, 2023 Opinion or Order Filing 65 DECLARATION by R. Joseph Barton in Support re #57 MOTION to Certify Class filed by All Plaintiffs. (Scimone, Michael)
April 7, 2023 Opinion or Order Filing 64 DECLARATION by Dylan Marlborough in Support re #57 MOTION to Certify Class filed by All Plaintiffs. (Scimone, Michael)
April 7, 2023 Opinion or Order Filing 63 Sealed Document re: #58 Declaration in Support of Motion, #57 MOTION to Certify Class by Justin Baker. (Scimone, Michael)
April 7, 2023 Opinion or Order Filing 62 Sealed Document re: #58 Declaration in Support of Motion, #57 MOTION to Certify Class by Justin Baker. (Scimone, Michael)
April 7, 2023 Opinion or Order Filing 61 Sealed Document re: #58 Declaration in Support of Motion, #57 MOTION to Certify Class by Justin Baker. (Scimone, Michael)
April 7, 2023 Opinion or Order Filing 60 Sealed Document re: #58 Declaration in Support of Motion, #57 MOTION to Certify Class by Justin Baker. (Scimone, Michael)
April 7, 2023 Opinion or Order Filing 59 Sealed Document re: #58 Declaration in Support of Motion, #57 MOTION to Certify Class by Justin Baker. (Scimone, Michael)
April 7, 2023 Opinion or Order Filing 58 DECLARATION by Michael J. Scimone in Support re #57 MOTION to Certify Class filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 11, #7 Exhibit 12, #8 Exhibit 13)(Scimone, Michael)
April 7, 2023 Opinion or Order Filing 57 MOTION to Certify Class by All Plaintiffs. Motion Hearing set for 7/3/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: #1 Text of Proposed Order)(Scimone, Michael)
April 6, 2023 Opinion or Order Filing 56 ORDER granting #55 Joint Motion for Leave to File Excess Pages. For good cause shown, Plaintiff's Memorandum in Support of Class Certification shall not exceed 25 pages and Defendants' Memorandum in Opposition of Class Certification shall not exceed 25 pages. Signed by Judge Thomas O. Rice. TEXT ORDER ONLY; NO PDF WILL ISSUE. (LG, Law Clerk)
April 5, 2023 Opinion or Order Filing 55 Joint MOTION for Leave to File Excess Pages by All Plaintiffs. Motion Hearing set for 5/3/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: #1 Text of Proposed Order)(Scimone, Michael)
March 7, 2023 Opinion or Order Filing 54 ORDER: The Parties' First Joint Motion for Extension of Partial Scheduling Order Deadlines, ECF No. 53, is GRANTED. Plaintiff's deadline to file a motion for class certification is due on or before April 7, 2023; Defendants' deadline to file an opposition to class certification is due on or before May 12, 2023; and Plaintiff's deadline to file a reply is due on or before June 2, 2023. Signed by Judge Thomas O. Rice. TEXT ORDER ONLY - NO PDF ATTACHED
March 7, 2023 Opinion or Order Filing 53 Joint MOTION to Extend Deadlines for Class Certification Briefing by Justin Baker. Motion Hearing set for 4/6/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: #1 Proposed Order)(Scimone, Michael)
February 9, 2023 Opinion or Order Filing 52 NOTICE by Justin Baker Notice of Change of Firm of R. Joseph Barton (Barton, Robert)
July 21, 2022 Opinion or Order Filing 51 STIPULATED PROTECTIVE ORDER. Signed by Judge Thomas O. Rice. (BF, Paralegal)
July 19, 2022 Opinion or Order Filing 50 Unopposed MOTION for Protective Order by Justin Baker. Motion Hearing set for 8/18/2022 Without Oral Argument before Judge Thomas O. Rice. (Attachments: #1 Stipulated Protective Order)(Scimone, Michael)
June 23, 2022 Opinion or Order Filing 49 ORDER granting #48 Motion for Leave to Appear Pro Hac Vice. Attorney Ryan Cowdin added for Justin Baker. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF ATTACHED. (BF, Paralegal)
June 22, 2022 Opinion or Order Filing 48 MOTION to Appear Pro Hac Vice re Attorney: Ryan Cowdin. Filing fee $ 200, receipt number BWAEDC-4061070. by Justin Baker. Motion Hearing set for 7/22/2022 Without Oral Argument before Judge Thomas O. Rice. (Attachments: #1 Declaration of Ryan Cowdin)(Scimone, Michael)
June 9, 2022 Opinion or Order Filing 47 PARTIAL SCHEDULING ORDER. Signed by Judge Thomas O. Rice. (BF, Paralegal)
June 9, 2022 Opinion or Order Filing 46 Minute Entry for TELEPHONIC proceedings held before Judge Thomas O. Rice: Scheduling Conference held on 6/9/2022. (Reported by: Ronelle F. Corbey) (BF, Paralegal)
June 2, 2022 Opinion or Order Filing 45 STATUS REPORT Joint Status Report and Discovery Plan by United Parcel Service Inc. (Beer, Naomi)
May 26, 2022 Opinion or Order Filing 44 NOTICE RESETTING HEARING BY COURT - Pursuant to the Order of Reassignment (ECF No. 43), the Telephonic Scheduling Conference set for 6/9/2022 at 8:40 AM is RESET TO 6/9/2022 at 8:15 AM before Judge Thomas O. Rice. Counsel for the parties only shall call the Court's conference line at (888) 273-3658 five (5) minutes prior to the designated hearing time. When prompted, enter Access Code 2982935 and Security Code 0114. The use of cellular phones is permitted provided the caller is in an area with adequate cellular service and minimal background noise. Neither landline nor cell phones may be used in speaker mode. All phones shall be muted unless addressing the Court. The parties' Joint Status Report is due no later than 6/2/2022. TEXT ONLY NOTICE; NO PDF ATTACHED. (BF, Paralegal) Modified on 5/26/2022 to amend Joint Status Report Deadline (BF, Paralegal).
May 24, 2022 Opinion or Order Filing 43 ORDER REASSIGNING CASE. Case reassigned to Judge Thomas O. Rice for all further proceedings. Judge Salvador Mendoza, Jr no longer assigned to case. Signed by Chief Judge Stanley A Bastian. TEXT ORDER ONLY. NO PDF ATTACHED. (RG, Chief Deputy)
April 29, 2022 Opinion or Order Filing 42 SCHEDULING CONFERENCE NOTICE - Text entry;no PDF document: Telephonic Scheduling Conference set for 6/9/2022 at 08:40 AM via Teleconference before Judge Salvador Mendoza Jr. (TNC, Courtroom Deputy)
April 28, 2022 Opinion or Order Filing 41 ANSWER to Complaint by All Defendants.(Beer, Naomi)
April 14, 2022 Opinion or Order Filing 40 TEXT ORDER: Before the Court is Defendants' Unopposed Motion for Extension of Time to File Answer, ECF No. #39 . Finding good cause, the Court GRANTS the motion. Defendants shall respond to Plaintiff's Amended Complaint, ECF No. #16 , by no later than April 28, 2022. TEXT-ONLY ENTRY; NO PDF DOCUMENT WILL ISSUE. THIS TEXT-ONLY ENTRY CONSTITUTES THE COURT'S ORDER OR NOTICE ON THE MATTER. Signed by Judge Salvador Mendoza, Jr. (MRJ, Case Administrator)
April 13, 2022 Opinion or Order Filing 39 First MOTION for Extension of Time to File Answer to First Amended Complaint by All Defendants. Motion Hearing set for 5/13/2022 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order Proposed Order)(Beer, Naomi)
March 31, 2022 Opinion or Order Filing 38 ORDER DENYING #26 MOTION TO DISMISS. Signed by Judge Salvador Mendoza, Jr. (TR, Case Administrator)
December 17, 2021 Opinion or Order Filing 37 NOTICE of Change of Address by Robert Joseph Barton (Barton, Robert)
November 18, 2021 Opinion or Order Filing 36 Minute Entry for proceedings held before Judge Salvador Mendoza, Jr: Motion Hearing held on 11/18/2021. (Reported/Recorded by: Kimberly Allen) (TNC, Courtroom Deputy)
November 15, 2021 Opinion or Order Filing 35 NOTICE of Appearance by Jacob M Knutson on behalf of All Defendants (Attorney Jacob M Knutson added to party United Parcel Service Inc(pty:dft), Attorney Jacob M Knutson added to party United Parcel Service Inc(pty:dft))(Knutson, Jacob)
November 12, 2021 Opinion or Order Filing 34 NOTICE of Appearance by Sally W Harmeling on behalf of All Defendants (Attorney Sally W Harmeling added to party United Parcel Service Inc(pty:dft), Attorney Sally W Harmeling added to party United Parcel Service Inc(pty:dft))(Harmeling, Sally)
October 6, 2021 Opinion or Order Filing 33 REPLY MEMORANDUM re #26 MOTION to Dismiss filed by United Parcel Service Inc, United Parcel Service Inc. (Nelson, James)
September 22, 2021 Opinion or Order Filing 32 MEMORANDUM in Opposition re #26 MOTION to Dismiss filed by Justin Baker. (Scimone, Michael)
September 13, 2021 Opinion or Order Filing 31 TEXT ORDER: Plaintiff's Unopposed Motion for Extension of Time to File Opposition to Defendants' Motion to Dismiss, ECF No. #30 , is GRANTED. Plaintiff shall file his response to Defendants' motion to dismiss, ECF No. #26 , by no later than September 22, 2021. TEXT-ONLY ENTRY; NO PDF DOCUMENT WILL ISSUE. THIS TEXT-ONLY ENTRY CONSTITUTES THE COURT'S ORDER OR NOTICE ON THE MATTER. Signed by Judge Salvador Mendoza, Jr. (CLP, Case Administrator)
September 13, 2021 Opinion or Order Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply as to #26 MOTION to Dismiss by Justin Baker. Motion Hearing set for 9/15/2021 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Proposed Order)(Scimone, Michael)
August 31, 2021 Opinion or Order Filing 29 NOTICE RESETTING LOCATION OF HEARING By Court - Text entry; no PDF document. Motion Hearing re: #26 MOTION to Dismiss set for 11/18/2021 at 10:30 AM Richland Courtroom 189 before Judge Salvador Mendoza Jr. (TNC, Courtroom Deputy)
August 26, 2021 Opinion or Order Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT for Defendant United Parcel Service, Inc., an Ohio Corporation by United Parcel Service Inc, United Parcel Service Inc. (Nelson, James)
August 26, 2021 Opinion or Order Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT for Defendant United Parcel Service, Inc., a Delaware Corporation by United Parcel Service Inc, United Parcel Service Inc. (Nelson, James)
August 25, 2021 Opinion or Order Filing 26 MOTION to Dismiss by United Parcel Service Inc, United Parcel Service Inc. Motion Hearing set for 11/18/2021 at 10:30 AM in Spokane Courtroom 755 before Judge Salvador Mendoza Jr. (Attachments: #1 Proposed Order Granting Defendants' Motion to Dismiss)(Nelson, James) Modified on 8/26/2021: Correct Date. (MRJ, Case Administrator).
August 24, 2021 Opinion or Order Filing 25 ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE; granting ECF No. #23 and #24 Motion for Leave to Appear Pro Hac Vice. Added Attorney Robert D Friedman and Peter Romer-Friedman for Justin Baker. Signed by Judge Salvador Mendoza, Jr. (MRJ, Case Administrator)
August 23, 2021 Opinion or Order Filing 24 MOTION to Appear Pro Hac Vice re Attorney: Peter Romer-Friedman. Filing fee $ 200, receipt number AWAEDC-3857324. by Justin Baker. Motion Hearing set for 9/22/2021 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Affidavit Declaration)(Crotty, Matthew)
August 23, 2021 Opinion or Order Filing 23 MOTION to Appear Pro Hac Vice re Attorney: Rob Friedman. Filing fee $ 200, receipt number AWAEDC-3857315. by Justin Baker. Motion Hearing set for 9/22/2021 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Affidavit Declaration)(Crotty, Matthew)
August 9, 2021 Opinion or Order Filing 22 TEXT ORDER: Defendants' Unopposed Motion for Extension of Time to File Responsive Pleading, ECF No. #21 , is GRANTED. All Defendants shall file their responsive pleadings by no later than August 25, 2021. TEXT-ONLY ENTRY; NO PDF DOCUMENT WILL ISSUE. THIS TEXT-ONLY ENTRY CONSTITUTES THE COURT'S ORDER OR NOTICE ON THE MATTER. Signed by Judge Salvador Mendoza, Jr. (SG, Case Administrator)
August 6, 2021 Opinion or Order Filing 21 MOTION for Extension of Time to File Response/Reply as to #16 Amended Complaint by United Parcel Service Inc, United Parcel Service Inc. Motion Hearing set for 9/7/2021 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Proposed Order)(Nelson, James)
August 6, 2021 Opinion or Order Filing 20 ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE; Granting Defendant's #14 Motion for Admission Pro Hac Vice, adding Attorney Naomi Beer for United Parcel Service Inc.; Granting Defendant's #15 Motion for Admission Pro Hac Vice, adding Attorney Dominic E Draye for United Parcel Service Inc. Signed by Judge Salvador Mendoza, Jr. (MRJ, Case Administrator)
August 5, 2021 Opinion or Order Filing 19 SUMMONS Returned Executed by Justin Baker re United Parcel Service Inc. (Scimone, Michael)
August 4, 2021 Opinion or Order Filing 18 Summons Issued as to United Parcel Service Inc. (AY, Case Administrator)
August 2, 2021 Opinion or Order Filing 16 AMENDED COMPLAINT against United Parcel Service Inc, United Parcel Service, Inc.. Jury Demand. Filed by Justin Baker.(Scimone, Michael)
July 20, 2021 Opinion or Order Filing 15 MOTION to Appear Pro Hac Vice re Attorney: Naomi G. Beer. Filing fee $ 200, receipt number AWAEDC-3834398. by United Parcel Service Inc. Motion Hearing set for 8/19/2021 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Declaration of Naomi G. Beer in Support of Motion, #2 [Proposed] Order Granting Motion)(Nelson, James)
July 20, 2021 Opinion or Order Filing 14 MOTION to Appear Pro Hac Vice re Attorney: Dominic E. Draye. Filing fee $ 200, receipt number AWAEDC-3834360. by United Parcel Service Inc. Motion Hearing set for 8/19/2021 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Declaration of Dominic E. Draye in Support of Motion, #2 [Proposed] Order Granting Motion)(Nelson, James)
July 19, 2021 Opinion or Order Filing 13 TEXT ORDER: Defendant's Motion for Extension of Time to File Responsive Pleading, ECF No. #12 , is GRANTED. Plaintiff may file an Amended Complaint by no later than August 2, 2021. Defendant shall file its responsive pleading by no later than August 16, 2021. TEXT-ONLY ENTRY; NO PDF DOCUMENT WILL ISSUE. THIS TEXT-ONLY ENTRY CONSTITUTES THE COURT'S ORDER OR NOTICE ON THE MATTER. Signed by Judge Salvador Mendoza, Jr. (LMR, Case Administrator)
July 16, 2021 Opinion or Order Filing 12 MOTION for Extension of Time to File Response/Reply Pleading by United Parcel Service Inc. Motion Hearing set for 8/16/2021 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order Proposed Order Granting Defendant's Motion for Ext. of Time)(Nelson, James)
July 14, 2021 Opinion or Order Filing 11 TEXT ORDER: Plaintiff's Motion for Extension of Time Nunc Pro Tunc, ECF No. #10 , is GRANTED. Defendant shall answer the Complaint, ECF No. #1 , according to the local and federal civil rules. TEXT-ONLY ENTRY; NO PDF DOCUMENT WILL ISSUE. THIS TEXT-ONLY ENTRY CONSTITUTES THE COURT'S ORDER OR NOTICE ON THE MATTER. Signed by Judge Salvador Mendoza, Jr. (CIC, Case Administrator)
June 28, 2021 Opinion or Order Filing 10 RESPONSE TO ORDER TO SHOW CAUSE and MOTION FOR EXTENSION OF TIME NUNC PRO TUNC by Justin Baker. (Attachments: #1 Declaration of Michael J. Scimone)(Scimone, Michael) Modified docket text on 7/14/2021 to reflect full title of document. (CIC, Case Administrator).
June 22, 2021 Opinion or Order Filing 9 WAIVER OF SERVICE Returned Executed by Justin Baker re United Parcel Service Inc. (Scimone, Michael)
June 21, 2021 Opinion or Order Filing 8 TEXT ORDER: This case was filed on March 16, 2021. ECF No. #1 . It appears that Defendant has not yet been served. By no later than 14 days from the date of this Order, Plaintiff is directed to show cause as to why this case should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 4(m). TEXT-ONLY ENTRY; NO PDF DOCUMENT WILL ISSUE. THIS TEXT-ONLY ENTRY CONSTITUTES THE COURT'S ORDER OR NOTICE ON THE MATTER. Signed by Judge Salvador Mendoza, Jr. (SG, Case Administrator)
May 24, 2021 Opinion or Order Filing 7 Civil Cover Sheet by Justin Baker. (Jarrard, Thomas)
April 20, 2021 Opinion or Order Filing 6 ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE, granting #5 Motion for Leave to Appear Pro Hac Vice. Michael J. Scimone added to represent Plaintiff pro hac vice in the above-captioned matter. Signed by Judge Salvador Mendoza, Jr. (LMR, Case Administrator)
April 14, 2021 Opinion or Order Filing 5 MOTION to Appear Pro Hac Vice re Attorney: Michael J. Scimone. Filing fee $ 200, receipt number AWAEDC-3768442. by Justin Baker. Motion Hearing set for 5/14/2021 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Affidavit)(Jarrard, Thomas)
April 5, 2021 Opinion or Order Filing 4 ORDER GRANTING #3 PERMISSION TO PARTICIPATE PRO HAC VICE. Added Attorney Robert Joseph Barton for Justin Baker. Signed by Judge Salvador Mendoza, Jr. (LMR, Case Administrator)
March 24, 2021 Opinion or Order Filing 3 MOTION to Appear Pro Hac Vice re Attorney: R. Joseph Barton. Filing fee $ 200, receipt number AWAEDC-3754057. by Justin Baker. Motion Hearing set for 4/23/2021 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Motion to Appear Pro Hac Vice, #2 Affidavit of R. Joseph Barton)(Jarrard, Thomas)
March 16, 2021 Opinion or Order Filing 2 Summons Issued as to United Parcel Service Inc. (VR, Courtroom Deputy)
March 16, 2021 Opinion or Order Filing 1 COMPLAINT against United Parcel Service Inc Fee Waived Jury Demand. Filed by Justin Baker. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Jarrard, Thomas)
March 16, 2021 Opinion or Order Notice of Judge Assignment. Judge Salvador Mendoza, Jr assigned to case. (VR, Courtroom Deputy)

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Defendant: United Parcel Service Inc
Represented By: Jacob Dean
Represented By: Sally W Harmeling
Represented By: Dominic E Draye
Represented By: Jacob M Knutson
Represented By: James Milton Nelson
Represented By: Naomi Beer
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Plaintiff: Justin Baker
Represented By: Peter Romer-Friedman
Represented By: Thomas G Jarrard
Represented By: Michael J Scimone
Represented By: Robert Joseph Barton
Represented By: Matthew Z Crotty
Represented By: Robert D Friedman
Represented By: Ryan Cowdin
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