Roberts v. Bondi et al
| Adam Wayne Tyler Roberts |
| Rick Swearingen and Pam Bondi |
| Thomas Allison |
| 8:2018cv01062 |
| May 1, 2018 |
| U.S. District Court for the Middle District of Florida |
| Tampa Office |
| Manatee |
| Virginia M Hernandez Covington |
| Thomas G Wilson |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on January 7, 2019. A more recent docket listing may be available from PACER.
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Filing 72
ORDER: Defendant Rick Swearingen's Motion for Summary Judgment (Doc. #69 ), which the Court construes as a Motion to Dismiss for lack of standing under Rules 12(b)(1) and 12(h)(3), is GRANTED. This case is dismissed without prejudice because pro se Plaintiff Adam Wayne Tyler Roberts lacks standing. The Clerk is directed to CLOSE the case. Signed by Judge Virginia M. Hernandez Covington on 1/7/2019. (DMD)
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Filing 71
ENDORSED ORDER: Defendant Swearingen filed his motion for summary judgment on November 16, 2018. (Doc. #69 ). Therefore, pro se Plaintiff Roberts' response to the motion was due by December 17, 2018. But a review of the docket reveals that no response has been filed. In an abundance of fairness, the Court will allow Roberts to file a response to the motion for summary judgment by December 28, 2018, if he wishes to be heard on the motion. If Roberts fails to respond, the Court will rule on the motion for summary judgment without the benefit of Roberts' response. Signed by Judge Virginia M. Hernandez Covington on 12/20/2018. (DMD)
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Filing 70
ENDORSED ORDER: Defendant Swearingen filed his motion to exclude expert testimony on November 16, 2018. (Doc. #66 ). Therefore, pro se Plaintiff Roberts' response to the motion was due by December 17, 2018. But a review of the docket reveals that no response has been filed. Accordingly, the Court grants the motion to exclude as unopposed. Roberts is excluded from providing expert testimony in this case. Signed by Judge Virginia M. Hernandez Covington on 12/18/2018. (DMD)
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| Filing 69 MOTION for summary judgment by Rick Swearingen. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Baum, Christopher) |
| Filing 68 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. 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 may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Nikki L. Peters. (NLP) |
| Filing 67 TRANSCRIPT of Motion for Preliminary Injunctive Relief held on October 29, 2018 before Judge Thomas G. Wilson. Court Reporter/Transcriber Nikki Peters,Telephone number 813-301-5448. Tape Number: Digital. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 12/7/2018, Redacted Transcript Deadline set for 12/17/2018, Release of Transcript Restriction set for 2/14/2019. (NLP) |
| Filing 66 MOTION in limine regarding potential expert testimony by Rick Swearingen. (Attachments: #1 Exhibit)(Baum, Christopher) |
| Filing 65 APPENDIX (1 flash drive) re #46 Memorandum in opposition by Rick Swearingen Filed Separately. (BES) |
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Filing 64
ORDER granting #58 Motion to file video. Signed by Magistrate Judge Thomas G. Wilson on 11/9/2018. (Wilson, Thomas)
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| Filing 62 Minute Entry. Proceedings held before Magistrate Judge Thomas G. Wilson: MOTION HEARING held on 10/29/2018 re #42 MOTION for preliminary injunction filed by Adam Wayne Tyler Roberts. (DIGITAL) (DMS) |
| Filing 61 NOTICE by Rick Swearingen Defendant's Notice of Filing Evidentiary Material in Opposition to Plaintiff's Motion for Preliminary Injunction Relief (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Bowden, Albert) |
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Filing 60
ENDORSED ORDER granting pro se Plaintiff Roberts' unopposed motion to bring into and possess electronic devices in the courtroom. (Doc. #59 ). Roberts may bring the equipment specified in the motion into the courthouse for use at any hearings or trial in this case. Signed by Judge Virginia M. Hernandez Covington on 10/24/2018. (DMD)
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| Filing 59 Unopposed MOTION for miscellaneous relief, specifically Possession of Electronic Devices by Adam Wayne Tyler Roberts. (Roberts, Adam) |
| Filing 58 MOTION for miscellaneous relief, specifically Defendant's Unopposed Motion for Leave to File a Video Recording by Rick Swearingen. (Bowden, Albert) |
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Filing 57
ENDORSED ORDER granting Swearingen's unopposed motion to clarify (Doc. #56 ). The Court construes the Verified Complaint (Doc. #52 ) as an exhibit to the motion for preliminary injunction, rather than as an amended pleading. As such, Swearingen need not file an answer or motion to dismiss the Verified Complaint. Signed by Judge Virginia M. Hernandez Covington on 10/18/2018. (DMD)
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| Filing 56 MOTION for clarification re #52 Amended Complaint by Rick Swearingen. (Baum, Christopher) |
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Filing 55
ENDORSED ORDER granting Swearingen's unopposed motion for a two day extension of time to complete discovery. (Doc. #54 ). The discovery deadline is now October 19, 2018. Signed by Judge Virginia M. Hernandez Covington on 10/15/2018. (DMD)
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| Filing 54 MOTION for Extension of Time to Complete Discovery by Rick Swearingen. (Bowden, Albert) |
| Filing 53 AFFIDAVIT of Adam Wayne Tyler Roberts re: #42 MOTION for preliminary injunction by Adam Wayne Tyler Roberts. (Roberts, Adam) |
| Filing 52 AMENDED COMPLAINT Verified Complaint against Rick Swearingen filed by Adam Wayne Tyler Roberts. Related document: #1 Complaint filed by Adam Wayne Tyler Roberts.(Roberts, Adam) |
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Filing 51
ENDORSED ORDER granting the joint motion to dispense with mediation. (Doc. #50 ). Given the unusual circumstances of this case, the Court agrees that mediation would not facilitate a resolution and settlement is unlikely. Accordingly, the parties are permitted to cancel the October 8 mediation and are not required to mediate. Signed by Judge Virginia M. Hernandez Covington on 10/2/2018. (DMD)
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| Filing 50 Joint MOTION for miscellaneous relief, specifically withdraw mediation by Rick Swearingen. (Baum, Christopher) |
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Filing 49
ORDER Setting Hearing on Motion: #42 MOTION for preliminary injunction. Motion Hearing set for 10/29/2018 at 02:30 PM in Tampa Courtroom 12A before Magistrate Judge Thomas G. Wilson. The plaintiff has 14 days to submit evidentiary materials and any supplement, if appropriate. Signed by Magistrate Judge Thomas G. Wilson on 9/27/2018. (DMS)
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Filing 48
ORDER: Plaintiff Adam Wayne Tyler Roberts' Motion for Temporary Restraining Order (Doc. #43 ) is DENIED. Signed by Judge Virginia M. Hernandez Covington on 9/26/2018. (DMD)
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| Filing 47 SUPPLEMENT re #46 Memorandum in opposition Amended Exhibit B by Rick Swearingen. (Baum, Christopher) |
| Filing 46 MEMORANDUM in opposition re #43 Motion for temporary restraining order, #42 Motion for preliminary injunction filed by Rick Swearingen. (Attachments: #1 Exhibit A, #2 Exhibit B)(Baum, Christopher) |
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Filing 45
ENDORSED ORDER: Plaintiff Roberts has filed a motion for temporary restraining order. (Doc. #43 ). If Defendant Swearingen wishes to be heard on the motion, he must file his response by September 26, 2018, at 10:00 am. Signed by Judge Virginia M. Hernandez Covington on 9/25/2018. (DMD)
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Filing 44
ENDORSED ORDER REFERRING MOTION: For the sake of judicial economy and to expedite the proceedings, Roberts' Motion for Preliminary Injunction (Doc. #42 ) is referred to the Honorable Thomas G. Wilson, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b)(1)(B), for an evidentiary hearing and the issuance of a Report and Recommendation. Signed by Judge Virginia M. Hernandez Covington on 9/25/2018. (DMD) Motions referred to Magistrate Judge Thomas G. Wilson.
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| Filing 43 MOTION for temporary restraining order by Adam Wayne Tyler Roberts. (Roberts, Adam) |
| Filing 42 MOTION for preliminary injunction by All Plaintiffs. (Roberts, Adam) |
| Filing 41 ANSWER to Complaint by Rick Swearingen.(Bowden, Albert) |
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Filing 40
ENDORSED ORDER: On August 21, 2018, the Court entered its order granting in part and denying in part the motion to dismiss. (Doc. #37 ). Therefore, Defendant Swearingen's answer to the remaining counts was due on September 4, 2018. See Fed. R. Civ. P. 12(a)(4)(A) ("[I]f the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court's action."). Yet, no answer has been filed. Accordingly, Swearingen is directed to file his answer to the remaining counts of the Complaint by September 11, 2018. Signed by Judge Virginia M. Hernandez Covington on 9/6/2018. (DMD)
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Filing 39
ENDORSED ORDER: Defendant Swearingen has filed a motion to extend time to disclose an expert report, (Doc. #38 ), seeking an extension from September 17 to September 28, 2018. Although the Court acknowledges that the motion is opposed, the Court finds the requested short extension is appropriate under the circumstances. Accordingly, the motion is granted and Swearingen's expert report is now due September 28, 2018. Signed by Judge Virginia M. Hernandez Covington on 8/28/2018. (DMD)
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| Filing 38 MOTION to extend time to Disclose an Expert Report by Rick Swearingen. (Bowden, Albert) |
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Filing 37
ORDER: Defendants Pam Bondi and Rick Swearingen's Motion to Dismiss (Doc. #27 ) is GRANTED in part and DENIED in part. All claims are DISMISSED as to Bondi. Counts 1-4 and 7-10 are DISMISSED WITH PREJUDICE in their totality. The case will proceed as to the Second Amendment claims, Counts 5 and 6, to the extent they are brought against Swearingen. Signed by Judge Virginia M. Hernandez Covington on 8/21/2018. (DMD)
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Filing 36
ENDORSED ORDER: Roberts has filed a motion to extend the deadline to add parties or amend pleadings (Doc. #35 ), seeking a 30-day extension of this deadline because the motion to dismiss the Complaint has only recently become ripe and has not yet been ruled on. But, the Court notes that a pending motion to dismiss is not sufficient justification to extend the deadline to add parties or amend pleadings. Accordingly, the motion is denied and the deadline remains August 3, 2018. If Roberts wishes to amend his complaint in light of the arguments raised in the pending motion to dismiss (Doc. #27 ), he should move for leave to file an amended complaint by the August 3 deadline. Signed by Judge Virginia M. Hernandez Covington on 8/1/2018. (DMD)
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| Filing 35 MOTION to extend time to deadline to add parties or to amend pleadings by Adam Wayne Tyler Roberts. (Roberts, Adam) |
| Filing 34 RESPONSE in Opposition re #27 MOTION to Dismiss complaint filed by Adam Wayne Tyler Roberts. (Roberts, Adam) |
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Filing 33
ORDER appointing Thomas Allison as mediator in this action. The mediation conference is scheduled for October 8, 2018, at 9:00 AM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 7/10/2018. (DMD)
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| Filing 32 NOTICE of mediation conference/hearing to be held on 10/8/2018, 9:00 AM before Thomas Allison. (Wenger, Edward) |
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Filing 31
ORAL ORDER granting 30 Plaintiff's Oral Motion for Extension of Time to File Response to #27 Defendants' Motion to Dismiss Complaint . Response is due by MONDAY, JULY 30, 2018. Signed by Judge Virginia M. Hernandez Covington on 7/9/2018. (AD)
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| Filing 30 ORAL MOTION for Extension of Time to File Response to #27 Defendants' Motion to Dismiss Complaint by Adam Wayne Tyler Roberts. (AD) |
| Filing 29 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: STATUS CONFERENCE held on 7/9/2018. Court Reporter: Scott N. Gamertsfelder (AD) |
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Filing 28
ENDORSED ORDER: On June 13, 2018, the Court entered its case management and scheduling order, directing designated lead counsel to file a notice of mediation by July 5, 2018. (Doc. #15 ). A review of the docket reveals that no notice has been filed. Accordingly, designated lead counsel is directed to file a notice of mediation, indicating the date, time, and location of the mediation conference, by July 10, 2018. Signed by Judge Virginia M. Hernandez Covington on 7/6/2018. (DMD)
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| Filing 27 MOTION to Dismiss complaint by All Defendants. (Wenger, Edward) |
| Filing 26 NOTICE of Appearance by Jordan Pratt on behalf of Pam Bondi, Rick Swearingen (Pratt, Jordan) |
| Filing 25 NOTICE OF RESCHEDULING HEARING: Pursuant to Endorsed Order (Dkt. 24), the Status Conference previously scheduled for 6/29/18 is rescheduled. New scheduling date and time: 7/9/2018 at 10:30 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (LAW) |
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Filing 24
ENDORSED ORDER granting Defendants' motion to continue. (Doc. #23 ). The status conference will be rescheduled via a separate notice. Signed by Judge Virginia M. Hernandez Covington on 6/28/2018. (DMD)
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| Filing 23 MOTION to Continue by Pam Bondi, Rick Swearingen. (Esposito, Diana) |
| Filing 22 NOTICE of Appearance by Diana R. Esposito on behalf of Pam Bondi, Rick Swearingen (Esposito, Diana) |
| Filing 21 NOTICE of hearing: Pursuant to Endorsed Order (Dkt. 20), Status Conference set for 6/29/2018 at 11:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (LAW) |
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Filing 20
ENDORSED ORDER: The Clerk is directed to schedule a status conference in this case for June 29, 2018, at 11:00 am. Counsel and pro se plaintiff are directed to appear and should be prepared to discuss the issues and status of the proceeding. Signed by Judge Virginia M. Hernandez Covington on 6/19/2018. (AHG)
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| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement re #15 Case management and scheduling order by Adam Wayne Tyler Roberts. (Roberts, Adam) |
| Filing 18 CERTIFICATE of interested persons and corporate disclosure statement by Pam Bondi, Rick Swearingen. (Baum, Christopher) |
| Filing 17 NOTICE of Appearance by Christopher Baum on behalf of Pam Bondi, Rick Swearingen (Baum, Christopher) |
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Filing 16
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #15 ), no case management hearing will be held. The Court notes that it has reduced the parties' proposed discovery period. The Court considers 4 months to be sufficient time for discovery under the particular circumstances of this case and the parties have failed to explain why they requested almost 9 months for discovery, despite the Court's order to do so. (Doc. # 13). Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 6/13/2018. (DMD)
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Filing 15
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 3/14/2019 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Bench Trial set for the April 2019 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 10/24/18. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 6/13/2018. (LAW)
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| Filing 14 CASE MANAGEMENT REPORT. (Roberts, Adam) |
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Filing 13
ENDORSED ORDER: Pro se Plaintiff Roberts and counsel for Defendants are directed to meet and confer, in person or by telephone, and by June 13, 2018, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. The Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 5/30/2018. (DMD)
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Filing 12
ENDORSED ORDER granting Defendants' unopposed motion for extension of time to respond to the Complaint. (Doc. #11 ). Response to the Complaint now due July 2, 2018. Signed by Judge Virginia M. Hernandez Covington on 5/30/2018. (DMD)
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| Filing 11 MOTION to extend time to respond to Plaintiff's complaint by All Defendants. (Wenger, Edward) |
| Filing 10 NOTICE of Appearance by Edward Wenger on behalf of Pam Bondi, Rick Swearingen (Wenger, Edward) |
| Filing 9 RETURN of service executed on 5/11/18 by Adam Wayne Tyler Roberts as to Rick Swearingen. (DG) |
| Filing 8 RETURN of service executed on 5/14/18 by Adam Wayne Tyler Roberts as to Pam Bondi. (DG) |
| Filing 7 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Adam Wayne Tyler Roberts. Related case(s): yes. (DG) |
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Filing 6
ENDORSED ORDER: The Court hereby authorizes Plaintiff Adam Roberts' use of the Court's Case Management/Electronic Case Filing system (CM/ECF) in this action. Roberts may contact the Clerk's Office for assistance in registering for a CM/ECF account (login and password). Once Roberts receives a CM/ECF account, Roberts may utilize the Court's electronic case management filing system when filing any document with the Court. Additionally, Roberts is cautioned that he must comply with the Local Rules of the Middle District of Florida, the Federal Rules of Civil Procedure, and the Administrative Procedures for Electronic Filing. The Court directs Roberts to review these rules prior to filing any document on CM/ECF. Additional information regarding CM/ECF is available on the Court's website at www.flmd.uscourts.gov. Signed by Judge Virginia M. Hernandez Covington on 5/10/2018. (SAO)
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Filing 5
ORDER: Plaintiff shall review and comply with the provisions of this Order, as well as the Federal Rules of Civil Procedure, the Local Rules of the Middle District of Florida, and any applicable statutes and regulations. Signed by Judge Virginia M. Hernandez Covington on 5/4/2018. (SAT)
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 5/4/2018. (SAT)
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| Filing 3 SUMMONS issued as to Rick Swearingen. (LNR) |
| Filing 2 SUMMONS issued as to Pam Bondi. (LNR) |
| Filing 1 COMPLAINT against Pam Bondi, Rick Swearingen (Filing fee $ 400 receipt number TPA50376) filed by Adam Wayne Tyler Roberts. (Attachments: #1 Civil Cover Sheet)(LNR) |
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