MTNDDL, REFER, TERMED

U.S. District Court
District of New Mexico - Version 3.0 (Albuquerque)
CIVIL DOCKET FOR CASE #: 1:97-cv-00266-MCA-LFG


Payne, et al v. Minihan, et al
Assigned to: District Judge M. Christina Armijo
Referred to: Magistrate Judge Lorenzo F. Garcia
Demand: $0
Case in other court:  00-02019
98-02156
98-02157
Cause: 05:552 Freedom of Information Act

Date Filed: 02/28/1997
Date Terminated: 10/27/1999
Jury Demand: Plaintiff
Nature of Suit: 895 Freedom of Information Act
Jurisdiction: U.S. Government Defendant
Plaintiff
William H Payne represented by William H Payne
13015 Calle de Sandias, NE
Albuquerque, NM 87111
(505) 292-7037
PRO SE
Plaintiff
Arthur R Morales represented by Arthur R Morales
465 Washington St. SE
Albuquerque, NM 87108
PRO SE

V.
Defendant
Lieutenant General Kenneth A Minihan
USAF Director
TERMINATED: 04/30/1998
represented by Jan Elizabeth Mitchell
United States Attorneys Office
Civil Division
P.O. Box 607
Albuquerque, NM 87102
505 346-7274
Fax: 505 346-7205
Email: jan.mitchell@usdoj.gov
TERMINATED: 04/30/1998
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
National Security Agency represented by Jan Elizabeth Mitchell
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

02/28/1997 1 COMPLAINT (referred to Magistrate Don J. Svet) (pz) (Entered: 03/04/1997)
03/04/1997   FILING FEE PAID: on 2/28/97 in the amount of $150.00, receipt #: 100 105110. (pz) (Entered: 03/04/1997)
03/17/1997 2 DEMAND for jury trial by plaintiffs (dmw) (Entered: 03/18/1997)
04/01/1997 3 CONFIRMATION (MOTION) for Extension by plaintiff William H Payne to respond to complaint until plaintiff has returned from business trip on 4/7/97 & notification of business travel (dmw) (Entered: 04/01/1997)
04/01/1997 4 ORDER by Senior Judge Santiago E. Campos granting deft's request (motion) for extension of time to answer until 4/4/97 [3-1] (cc: all counsel) (mk) (Entered: 04/01/1997)
04/04/1997 5 ANSWER by defendant [1-1] (dmw) (Entered: 04/07/1997)
04/24/1997 6 REPLY & affidavit by plaintiffs to answer to complaint [5-1] (dmw) (Entered: 04/25/1997)
05/02/1997 7 INITIAL SCHEDULING ORDER by Magistrate Don J. Svet ; parties to meet and confer by 5/14/97; provisional discovery plan is due 5/23/97; IPTR submitted by 5/23/97; Rule 16 scheduling conference is set for 6/5/97 at 10:30 am on 6/5/97 (cc: all counsel) (seal) (Entered: 05/02/1997)
05/23/1997 8 NOTICE by plaintiffs (re initial pretrial report) (dmw) (Entered: 05/23/1997)
05/23/1997 9 MOTION by plaintiff for order to accept discovery plan (dmw) (Entered: 05/23/1997)
06/03/1997 10 MINUTE ORDER: striking Initial Pre-Trial Report filed 5/23/97 for failure to comply with scheduling order filed by Magistrate Svet [8-1] CLK-mm (cc: all counsel) (msm) (Entered: 06/03/1997)
06/04/1997 11 MOTION by plaintiffs for summary judgment (dmw) (Entered: 06/04/1997)
06/06/1997 12 CLERK'S MINUTES: before Magistrate Don J. Svet ; Rule 16 scheduling conference was held (pz) (Entered: 06/06/1997)
06/09/1997 13 MOTION by plaintiff to accept discovery plan of plaintiffs as an unopposed motion before the Court (dmw) (Entered: 06/09/1997)
06/09/1997 14 RESPONSE by defendants to motion to accept discovery plan of plaintiffs as an unopposed motion before the Court [13-1] (dmw) (Entered: 06/10/1997)
06/11/1997 15 ORDER by Magistrate Don J. Svet ; Discovery cutoff 9/3/97 ; Motion Filing cutoff 9/23/97; Pretrial order ddl 11/18/97 FURTHER ORDERED that discovery in this matter shall only be undertaken upon obtaining Court permission; See Order for specifics (cc: all counsel) (pz) Modified on 06/13/1997 (Entered: 06/11/1997)
06/13/1997 16 REPLY by plaintiffs to response to motion to accept discovery plan of plaintiffs as an unopposed motion before the Court [13-1] (dmw) (Entered: 06/13/1997)
06/19/1997 17 RESPONSE by defendant to motion for summary judgment [11-1] (dmw) (Entered: 06/19/1997)
06/24/1997 18 MOTION by pltfs to remove (strike) docket sheet entry 14 and associated response (kd) (Entered: 06/25/1997)
06/24/1997 19 MOTION by pltfs for order to restore pltfs' civil rights (kd) (Entered: 06/25/1997)
07/08/1997 20 REPLY by pltfs to response to mtn for summary judgment [11-1] (kd) (Entered: 07/08/1997)
09/23/1997 21 MOTION by defts to dismiss pltf Arthur R. Morales (kd) (Entered: 09/23/1997)
09/23/1997 22 MEMORANDUM by defts in support of mtn to dismiss pltf Arthur R. Morales [21-1] (kd) (Entered: 09/23/1997)
10/03/1997 23 MOTION by defendant for partial dismissal , and for summary judgment (dmw) Modified on 10/03/1997 (Entered: 10/03/1997)
10/06/1997 24 RESPONSE by plaintiffs to motion to dismiss pltf Arthur R. Morales [21-1] (dmw) (Entered: 10/06/1997)
10/07/1997 25 ORDER by Magistrate Don J. Svet denying as moot plaintiffs' motion to accept discovery plan of plaintiffs as an unopposed motion before the Court [13-1] & for order to accept discovery plan [9-1] (cc: all counsel) (dmw) (Entered: 10/07/1997)
10/15/1997 26 MOTION for Extension by plaintiffs to respond to motion for partial dismissal [23-1] & for summary judgment until 10/31/97 & resetting time limits for discovery [23-2] (dmw) (Entered: 10/15/1997)
10/15/1997 27 REPLY by deft to response to memorandum in support of motion to dismiss pltf Arthur R. Morales [21-1] (dmw) (Entered: 10/16/1997)
10/23/1997 28 MOTION & memorandum by defendant to strike any and all of plaintiffs' first set of requests for admissions to various employees of the National Security Agency & to various employees of Sandia National Laboratory (dmw) (Entered: 10/23/1997)
10/31/1997 29 MOTION DENY (RESPONSE) by plaintiffs to motion for partial dismissal [23-1] and for summary judgment [23-2] (dmw) (Entered: 10/31/1997)
10/31/1997 30 RESPONSE by plaintiffs to memorandum in support of motion for partial dismissal [23-1] and for summary judgment [23-2] (dmw) (Entered: 10/31/1997)
11/05/1997 31 RESPONSE by plaintiffs to motion to strike any and all of plaintiffs' first set of requests for admissions to various employees of the National Security Agency & to various employees of Sandia National Laboratory [28-1] (dmw) (Entered: 11/06/1997)
11/14/1997 32 REPLY by defendant to response to motion for partial dismissal [23-1] & for summary judgment [23-2] (dmw) (Entered: 11/17/1997)
11/28/1997 33 ANSWER (SURREPLY) by plaintiffs to cross-claim reply to response to motion for partial dismissal [23-1] & for summary judgment [23-2] (dmw) (Entered: 11/28/1997)
12/22/1997 34 MOTION by plaintiffs for summary judgment based on evidence from admissions (dmw) (Entered: 12/22/1997)
01/05/1998 35 RESPONSE by defendant to motion for summary judgment based on evidence from admissions [34-1] (dmw) Modified on 03/13/1998 (Entered: 01/06/1998)
01/20/1998 36 REPLY by plaintiffs to response to motion for summary judgment based on evidence from admissions [34-1] (dmw) (Entered: 01/20/1998)
01/28/1998 37 ORDER by Magistrate Don J. Svet granting defendant's motion to strike any and all of plaintiffs' first set of requests for admissions to various employees of the National Security Agency & to various employees of Sandia National Laboratory (see order for further specifics re sanctions & communication) [28-1] (cc: all counsel, electronically) (dmw) (Entered: 01/28/1998)
02/09/1998 38 AFFIDAVIT of attorney fees by Jan Elizabeth Mitchell in accordance with court order [37-1] (dmw) Modified on 02/12/1998 (Entered: 02/10/1998)
02/10/1998 39 ORDER by Magistrate Don J. Svet denying as moot plaintiffs' motion to remove docket sheet entry 14 and associated response [18-1] (cc: all counsel, electronically) (dmw) (Entered: 02/11/1998)
02/19/1998 40 RESPONSE by plaintiffs to orders & affidavit of attorney fees (dmw) (Entered: 02/19/1998)
03/10/1998 41 ORDER sua sponte by Magistrate Don J. Svet that plaintiffs shall pay defendant $625.00 in sanctions within 20 days of entry of this order (cc: all counsel, electronically) (dmw) (Entered: 03/10/1998)
04/30/1998 42 MEMORANDUM, OPINION, AND ORDER: by Senior Judge Santiago E. Campos; sua sponte the deft is deemed by the Court to be NSA, and not Lt Gen Kenneth A Minihan, future captions for this case should reflect this change; and FURTHER denying as moot pltfs' motion for summary judgment based on evidence from admissions [34-1]; denying deft Minihan's motion for partial dismissal [23-1], and staying deft Minihan's motion for summary judgment pending an in camera ex parte declaration consistent herewith provided by deft to the Court within 60 days of the date of this opinion [23-2], granting deft Minihan's motion to dismiss pltf Arthur R. Morales [21-1]; and denying without prejudice pltfs' motion for summary judgment [11-1]; as further described herein (cc: all counsel) (pz) (Entered: 04/30/1998)
05/08/1998 43 MOTION by plaintiffs to amend memorandum opinion & order filed 4/30/98 (dmw) (Entered: 05/11/1998)
05/21/1998 44 MEMORANDUM, OPINION, AND ORDER: by Senior Judge Santiago E. Campos denying pltf's motion to amend memorandum opinion & order filed 4/30/98 [43-1] (cc: all counsel, electronically) (dmw) (Entered: 05/22/1998)
05/28/1998 45 MOTION & objection to in camera ex parte meeting by plaintiff to amend memorandum opinion & order (dmw) (Entered: 05/28/1998)
06/09/1998 46 NOTICE OF INTERLOCUTORY APPEAL by plaintiff William H Payne from Dist. Court decision [44-1]; Fees paid - Distribution as required (cc: all counsel) (pz) Modified on 06/10/1998 (Entered: 06/10/1998)
06/09/1998   RECEIVED re appeal [46-1] fee in amount of $105.00 (Receipt # 100 110699) (notice sent to USCA) (pz) Modified on 06/10/1998 (Entered: 06/10/1998)
06/10/1998   LETTER to USCA transmitting preliminary record on appeal (pz) (Entered: 06/10/1998)
06/10/1998 47 NOTICE OF INTERLOCUTORY APPEAL by pltfs William H Payne and Arthur R Morales from Dist. Court decision [42-1] ; Fees paid - Distribution required. (cc: all counsel) (pz) (Entered: 06/10/1998)
06/10/1998   RECEIVED re appeal of pltfs Payne and Morales [47-1] fee in amount of $105.00 (Receipt #100 110700) (notice sent to USCA) (pz) (Entered: 06/10/1998)
06/10/1998   LETTER to USCA transmitting preliminary record on appeal of pltfs Payne and Morales (pz) (Entered: 06/10/1998)
06/12/1998 48 MOTION & memorandum by defendant to tax fees (dmw) (Entered: 06/15/1998)
06/12/1998 49 BILL OF COSTS submitted by defendant in the amount of $625.00 (dmw) (Entered: 06/15/1998)
06/17/1998   ACKNOWLEDGEMENT of receipt of preliminary record in by USCA on 6/12/98 re appeal of Payne, et al vs Minihan - USCA Number: 98-2157 (pz) (Entered: 06/17/1998)
06/17/1998   ACKNOWLEDGEMENT of receipt of preliminary record in by USCA on 6/12/98 re appeal Payne vs NSA - USCA Number: 98-2156 (pz) (Entered: 06/17/1998)
06/22/1998 50 MOTION & memorandum by defendant to remand pltf's first FOIA request with instructions , and to stay proceedings (dmw) (Entered: 06/22/1998)
06/30/1998 51 RESPONSE by plaintiff to motion to remand first FOIA request with instructions [50-1] & to stay proceedings [50-2] (dmw) (Entered: 06/30/1998)
06/30/1998   TAXED COSTS for defendant in the amount of $ 625.00 against plaintiff (cc: all counsel) (mjr) (Entered: 06/30/1998)
06/30/1998   ABSTRACT OF JUDGMENT DOCKET issued to defendant in the amount of $625.00 (mjr) (Entered: 06/30/1998)
12/17/1998 52 COPY of USCA Order: dismissing the appeals for lack of appellate jurisdiction [47-1] and [46-1] (pz) (Entered: 12/17/1998)
01/06/1999 53 APPLICATION by USA for Writ of Garnishment in the amount of $625.00 (former employee) (Entered: 01/06/1999)
01/06/1999 54 NOTICE (Instructions) to Sandia Corporation, Garnishee regarding the Writ of Garnishment (former employee) (Entered: 01/06/1999)
01/06/1999   WRIT of Garnishment issued to Sandia Corporation in the amount of $625.00 (former employee) (Entered: 01/06/1999)
01/06/1999 55 CLERK'S NOTICE issued to debtor of post-judgment garnishment and instructions; CLERK/jg (former employee) (Entered: 01/06/1999)
02/02/1999 56 CERTIFICATE by defendant of service of documents on judgment debtor on 2/2/99 (dmw) (Entered: 02/02/1999)
02/17/1999 57 MEMORANDUM, OPINION, AND ORDER: by Senior Judge Santiago E. Campos denying motion to amend the Memorandum Opinion & Order filed 5/28/98 [45-1] by William H Payne (cc: all counsel) (mjr) Modified on 02/19/1999 (Entered: 02/17/1999)
02/17/1999 58 MEMORANDUM, OPINION, AND ORDER: by Senior Judge Santiago E. Campos; the Court's decision on deft's motion to remand of pltf's first FOIA request [50-1] and request for stay of judicial proceedings [50-2] filed on 6/22/98 is deferred; deft shall have fifteen (15) days from the date of this Opinion to submit to the Court a detailed affidavit(s) and any other documents or supporting evidence establishing the reasonableness of the estimated search fee charged pltf for his first FOIA request and the estimated search time underlying that fee; within ten (10) days of deft's submission pltf may respond with detailed affidavits and/or other documentary or supporting evidence; within ten (10) days of pltf's submission deft may reply with any further documentary or factually supportive evidence (cc: all counsel) (mjr) (Entered: 02/17/1999)
02/22/1999 59 USM RETURN OF SERVICE executed upon Sandia Corporation on 2/17/99 (sl) (Entered: 02/22/1999)
02/23/1999 60 ANSWER of garnishee (dmw) (Entered: 02/23/1999)
03/03/1999 61 NOTICE by defendant of compliance with memorandum opinion and order dated 2/17/99 (dmw) (Entered: 03/04/1999)
03/11/1999   LETTER from Arthur R Morales addressed to John J. Kelly requesting hearing on writ of garnishment re sanctions (msm) Modified on 03/11/1999 (Entered: 03/11/1999)
03/12/1999 62 AFFIDAVIT of William H. Payne in response to order [58-1] (dmw) (Entered: 03/12/1999)
03/24/1999 63 AFFIDAVIT of William H. Payne regarding order [58-1] (mjr) (Entered: 03/29/1999)
03/26/1999 64 REPLY by defendant re affidavit in reponse to Memorandum Opinion and Order [58-1] (mjr) (Entered: 03/29/1999)
03/30/1999 65 MEMORANDUM, OPINION AND ORDER: by Senior Judge Santiago E. Campos partially granting motion to remand pltf's first FOIA to NSA as to its first request [50-1], and denying as moot the motion to stay proceedings [50-2] (cc: all counsel) (former employee) (Entered: 03/30/1999)
03/30/1999 66 ORDER of partial remand to the National Security Agency for processing of Pltf's first FOIA request by Senior Judge Santiago E. Campos re [50-1] (cc: all counsel) (former employee) (Entered: 03/30/1999)
04/20/1999 67 ORDER OF GARNISHMENT by Magistrate Judge Don J. Svet (cc: all counsel) (dmw) (Entered: 04/20/1999)
06/24/1999 68 NOTICE by USA of withdrawal of garnishment proceedings (jrm) (Entered: 06/28/1999)
06/24/1999 69 SATISFACTION OF JUDGMENT as to defendant (jrm) (Entered: 06/28/1999)
07/20/1999 70 NOTICE of hearing setting ex-parte in-camera hearing on 9/20/99 at 1:30 pm before Judge Santiago E Campos in Santa Fe, NM (cc: all counsel, electronically) (dmw) (Entered: 07/20/1999)
09/13/1999 71 MINUTE ORDER: resetting ex parte in-camera hearing on 10/12/99 at 9:30 am before Judge Santiago E Campos [70-1] (cc: all counsel, electronically) (dmw) (Entered: 09/13/1999)
10/27/1999 72 MEMORANDUM, OPINION, AND ORDER: by Senior Judge Santiago E. Campos granting motion for summary judgment [23-2] dismissing case (cc: all counsel) (msm) (Entered: 10/27/1999)
10/27/1999 73 SUMMARY JUDGMENT: by Senior Judge Santiago E. Campos (cc: all counsel) (msm) (Entered: 10/27/1999)
11/09/1999 74 MOTION by plaintiff to alter & amend memorandum opinion & order (dmw) (Entered: 11/10/1999)
11/19/1999 75 OPPOSITION (RESPONSE) by defendant to motion to alter & amend memorandum opinion & order [74-1] (dmw) (Entered: 11/19/1999)
12/01/1999 76 REPLY by plaintiff to response in opposition to motion to alter & amend memorandum opinion & order [74-1] (dmw) (Entered: 12/01/1999)
12/23/1999 77 MEMORANDUM, OPINION, AND ORDER: by Senior Judge Santiago E. Campos denying motion to alter & amend memorandum opinion & order [74-1] by William H Payne (cc: all counsel*) (dmw) (Entered: 12/27/1999)
01/03/2000 78 NOTICE OF APPEAL by pltf William H Payne from Dist. Court decisions [77-1], [73-1], [72-2]; Fees paid - Distribution as required. (cc: all counsel) (pz) (Entered: 01/05/2000)
01/05/2000   RECEIVED re appeal [78-1] fee in amount of $ 105.00 (Receipt # 100 117097) (notice sent to USCA) (pz) (Entered: 01/05/2000)
01/10/2000   LETTER transmitting PROA/ROA to USCA (former employee) (Entered: 01/10/2000)
01/10/2000   PRELIMINARY RECORD on appeal mailed to USCA in one (1) Volume 1 (former employee) (Entered: 01/10/2000)
01/11/2000 79 NOTICE of correction by plaintiff (dmw) (Entered: 01/11/2000)
01/18/2000   ACKNOWLEDGEMENT of receipt of preliminary record/record on appeal by USCA on 1/14/00 - USCA Number: 00-2019 (former employee) (Entered: 01/18/2000)
12/13/2000 80 COPY of judgment from USCA affirming the decision of the District Court [78-1] (mjr) (Entered: 12/13/2000)
05/16/2007 81 STRICKEN from the record pursuant to 100 Order - MOTION to Set Aside Judgment by William H Payne, Arthur R Morales. (pz) Modified docket text on 8/28/2007 (ln). (Entered: 05/18/2007)
05/16/2007 82 STRICKEN from the record pursuant to 100 Order - MANDATORY JUDICIAL NOTICE by William H Payne and Arthur R Morales (pz) Modified docket text on 8/28/2007 (ln). (Entered: 05/18/2007)
05/29/2007 83 RESPONSE in Opposition re 81 MOTION to Set Aside Judgment filed by National Security Agency. (Mitchell, Jan) (Entered: 05/29/2007)
06/12/2007 84 STRICKEN from the record pursuant to 100 Order - MOTION for Extension of Time to File response to any document filed between June 5 through June 22, 2007, due to unavailability, by William H Payne, Arthur R Morales. (pz) Modified docket text on 8/28/2007 (ln). (Entered: 06/12/2007)
06/12/2007 85 STRICKEN from the record pursuant to 100 Order - REPLY to Response to Motion re 81 MOTION to Set Aside Judgment filed by William H Payne, Arthur R Morales. (pz) Modified docket text on 8/28/2007 (ln). (Entered: 06/12/2007)
06/12/2007 86 MINUTE ORDER, Judge M. Christina Armijo added. Judge Santiago E. Campos no longer assigned to case. (ln) (Entered: 06/12/2007)
06/14/2007 87 ORDER of Reference by Judge Martha Vazquez (jmg) (Entered: 06/14/2007)
06/15/2007 88 MINUTE ORDER STRIKING 87 Order of REFERENCE Due to case being assigned to District Judge Armijo. by Judge Martha Vazquez THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (jmg) (Entered: 06/15/2007)
06/21/2007 89 ORDER REFERRING MOTION: 81 MOTION to Set Aside Judgment filed by William H Payne, Arthur R Morales to Chief Magistrate Judge Lorenzo F. Garcia by Judge M. Christina Armijo (jes) (Entered: 06/21/2007)
06/21/2007 90 MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Lorenzo F. Garcia for discovery purposes. (ln) (Entered: 06/21/2007)
06/21/2007 91 STRICKEN from the record pursuant to 100 Order - MOTION for Order to Void Judgment for Lack of Jurisdiction by plaintiffs William H Payne and Arthur R Morales. (ln) Modified docket text on 8/28/2007 (ln). (Entered: 06/21/2007)
07/06/2007 92 ORDER TO SHOW CAUSE by Judge Lorenzo F. Garcia (ln) (Entered: 07/06/2007)
07/26/2007 93 STRICKEN from the record pursuant to 100 Order - MOTION for Reconsideration from 89 the order of referal by William H Payne, Arthur R Morales. (ln) Modified docket text on 8/28/2007 (ln). (Entered: 07/26/2007)
07/26/2007 94 STRICKEN from the record pursuant to 100 Order - NOTICE and authorities to void order of reference for lack of jurisdiction by William H Payne, Arthur R Morales (ln) Modified docket text on 8/28/2007 (ln). (Entered: 07/26/2007)
07/31/2007 95 REPORT AND RECOMMENDATION for Sanctions and Striking of Documents by Chief Magistrate Judge Lorenzo F. Garcia. Objections to R&R due by 8/17/2007 (clm) (Entered: 07/31/2007)
07/31/2007 96 ERRATA - Regarding Doc. 95, recommendation on page 13, Plaintiffs may file objections to the Court's Report and Recommendation pursuant to 28 U.S.C. Section 636(b)(1). (clm) (Entered: 07/31/2007)
08/17/2007 97 RESPONSE re 95 REPORT AND RECOMMENDATIONS re 81 MOTION to Set Aside Judgment filed by William H Payne, Arthur R Morales (ln) (Entered: 08/17/2007)
08/22/2007 98 STRICKEN from the record pursuant to 100 Order - MOTION to Amend/Correct 97 Response by William H Payne, Arthur R Morales. (ln) Modified docket on 8/28/2007 (ln). (Entered: 08/22/2007)
08/22/2007 99 STRICKEN from the record pursuant to 100 Order - MOTION for Extension of Time to respond to any document filed between 08/21-09/01/2007, for we will be traveling by William H Payne, Arthur R Morales. (ln) Modified docket text on 8/28/2007 (ln). (Entered: 08/22/2007)
08/27/2007 100 ORDER by Judge M. Christina Armijo Adopting Report and Recommendations, Striking Pleadings, and Imposing Sanctions 95 (jab) (Entered: 08/27/2007)
09/19/2007 101 MOTION for Order for relief from order adopting magistrate judge's report and recommendation by William H Payne, Arthur R Morales. (ln) (Entered: 09/19/2007)
09/21/2007 102 ORDER by District Judge M. Christina Armijo striking 101 ORDER on Motion for Order. (al) (Entered: 09/21/2007)



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Description: Docket Report Search Criteria: 1:97-cv-00266-MCA-LFG
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