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Case number 2018-2318

Fulfillium, Inc. v. ReShape Medical LLC > Documents

Date Field Doc. No.Description (Pages)
Oct 1, 2019 78 ORDER granting motion to dismiss Appeal Nos. 18-2318 and 19-1199 pursuant to FRAP 42(b) [77] filed by Appellant Fulfillium, Inc. in 18-2318. Each side shall bear its own costs. ISSUED AS A MANDATE: 10/01/2019. Service as of this date by the Clerk of Court. [639309] [18-2318, 19-1199] [JAL] [Entered: 10/01/2019 10:14 AM] (2)
Sep 30, 2019 77 MOTION of Appellant Fulfillium, Inc. to voluntarily dismiss appeal pursuant to FRAP 42(b). [Consent: not addressed]. Service: 09/30/2019 by email. [639197] [18-2318] [William Alciati] [Entered: 09/30/2019 04:51 PM] (6)
Jun 18, 2019 76 ORDER filed. The motion [75] is granted. The revised official caption is reflected in the order. As between Fulfillium and SV Health Investors, each shall bear its own costs in connection with Appeal No. 2018-2318. SV Health Investors' joinder to ReShape Medical LLC's brief (ECF No. 45) [45] is stricken and will not be transmitted to the merits panel assigned to this case. Service: 06/18/2019 by clerk. [615088] [LMS] [Entered: 06/18/2019 12:43 PM] (2)
Jun 5, 2019 75 MODIFIED ENTRY: MOTION for Stipulated Dismissal of Appeal as to Appellee SV Health Investors, LLC for Appellant Fulfillium, Inc.. [Consent: not addressed]. Service: 06/05/2019 by email. [611829]--[Edited 06/12/2019 by JCA - Reason: to correct filing event] [William Alciati] [Entered: 06/05/2019 04:07 PM] (6)
May 3, 2019 74 The following conflict dates submitted by Attorney William Alciati for Appellant Fulfillium, Inc. have been accepted by the court: 09/30/2019, 10/01/2019, 10/02/2019, 10/03/2019, 10/04/2019, 12/02/2019, 12/03/2019, 12/04/2019, 12/05/2019, 12/06/2019. [604786] [JAB] [Entered: 05/03/2019 07:42 AM] (0)
May 3, 2019 73 The following conflict dates submitted by Attorney Justin Edwin Gray for Cross-Appellant ReShape Medical LLC have been accepted by the court: 07/08/2019, 07/09/2019, 07/10/2019, 07/11/2019, 07/12/2019, 11/04/2019, 11/05/2019, 11/06/2019, 11/07/2019, 11/08/2019. [604785] [JAB] [Entered: 05/03/2019 07:40 AM] (0)
May 2, 2019 72 Notice from Appellant Fulfillium, Inc. regarding conflicts with oral argument. Service: 05/02/2019 by email. [604773] [18-2318] [William Alciati] [Entered: 05/02/2019 07:00 PM] (4)
May 2, 2019 71 Notice from Cross-Appellant ReShape Medical LLC regarding conflicts with oral argument. Service: 05/02/2019 by email. [604731] [18-2318] [Justin Gray] [Entered: 05/02/2019 03:41 PM] (4)
Apr 30, 2019 70 6 paper copies of the Response and Reply Brief [54] received from Appellant Fulfillium, Inc.. [604037] [CJF] [Entered: 04/30/2019 01:05 PM] (0)
Apr 30, 2019 69 6 paper copies of the Opening Brief [32] received from Appellant Fulfillium, Inc.. [603895] [CJF] [Entered: 04/30/2019 09:59 AM] (0)
Apr 29, 2019 68 6 paper copies of the Confidential Joint Appendix Brief (Vol. I - II) [59] received from Appellant Fulfillium, Inc., Appellee SV Health Investors, LLC and Cross-Appellant ReShape Medical LLC. [603664] [CJF] [Entered: 04/29/2019 02:27 PM] (0)
Apr 29, 2019 67 6 paper copies of the Corrected Opening Response Brief [50] received from Cross-Appellant ReShape Medical LLC. [603642] [CJF] [Entered: 04/29/2019 02:09 PM] (0)
Apr 29, 2019 66 6 paper copies of the Reply Brief [57] received from Cross-Appellant ReShape Medical LLC. [603640] [CJF] [Entered: 04/29/2019 02:07 PM] (0)
Apr 25, 2019 65 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The notice of conflict with oral argument is due on or before 05/02/2019. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [602877] [JAL] [Entered: 04/25/2019 11:14 AM] (1)
Apr 25, 2019 64 Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(1). [602876] [JAL] [Entered: 04/25/2019 11:14 AM] (0)
Apr 24, 2019 63 Certificate of Compliance with Fed. Cir. R. 11(d) (Trial Court) for Appellant Fulfillium, Inc.. Service: 04/24/2019 by email. [602790] [18-2318] [William Alciati] [Entered: 04/24/2019 07:41 PM] (3)
Apr 24, 2019 62 Certificate of Compliance with Fed. Cir. R. 11(d) (Trial Court) for Cross-Appellant ReShape Medical LLC. Service: 04/24/2019 by email. [602777] [18-2318] [Justin Gray] [Entered: 04/24/2019 06:20 PM] (3)
Apr 24, 2019 61 Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Fulfillium, Inc.. Service: 04/24/2019 by email. [602701] [18-2318] [William Alciati] [Entered: 04/24/2019 03:39 PM] (3)
Apr 24, 2019 60 Certificate of Compliance with Fed. Cir. R. 17 (Agency) for Appellant Fulfillium, Inc.. Service: 04/24/2019 by email. [602698] [18-2318] [William Alciati] [Entered: 04/24/2019 03:38 PM] (3)
Apr 24, 2019 59 MODIFIED ENTRY: CONFIDENTIAL JOINT APPENDIX FILED for Appellant Fulfillium, Inc., Appellee SV Health Investors, LLC, and Cross-Appellant ReShape Medical LLC. Number of Pages: 821. Service: 04/24/2019 by email, US mail. [602696]--[Edited 04/25/2019 by JAL - Compliance review complete] [William Alciati] [Entered: 04/24/2019 03:36 PM] (0)
Apr 24, 2019 58 MODIFIED ENTRY: JOINT APPENDIX FILED for Appellant Fulfillium, Inc., Appellee SV Health Investors, LLC, and Cross-Appellant ReShape Medical LLC. Number of Pages: 811. Service: 04/24/2019 by email. [602692] --[Edited 04/25/2019 by JAL - Compliance review complete] [William Alciati] [Entered: 04/24/2019 03:34 PM] (811)
Apr 17, 2019 57 MODIFIED ENTRY: REPLY BRIEF FILED for Cross-Appellant ReShape Medical LLC. Number of Pages: 21. Service: 04/17/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [601107] --[Edited 04/18/2019 by JAL - Compliance review complete] [Justin Gray] [Entered: 04/17/2019 07:57 PM] (31)
Mar 25, 2019 56 **TEXT ONLY** ORDER granting motion to extend time to file brief [55] filed by Cross-Appellant ReShape Medical LLC. Cross-Appellant's reply brief due 04/17/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [595250] [JAL] [Entered: 03/25/2019 01:02 PM] (0)
Mar 20, 2019 55 MOTION of Cross-Appellant ReShape Medical LLC to extend the time to 04/17/2019 to file the April 3, 2019 deadline to file Cross-Appellant's Reply Brief. [Consent: unopposed]. Service: 03/20/2019 by email. [594322] [18-2318] [Justin Gray] [Entered: 03/20/2019 06:10 PM] (9)
Mar 20, 2019 54 MODIFIED ENTRY: RESPONSE AND REPLY BRIEF FILED for Appellant Fulfillium, Inc. Number of Pages: 38. Service: 03/20/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [594288] --[Edited 03/21/2019 by JAL - Compliance review complete] [Greg Gardella] [Entered: 03/20/2019 04:55 PM] (45)
Feb 7, 2019 53 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: motion to extend time to file brief Docket No. [51], ERROR: The incorrect caption for this case was listed on the motion. CORRECTION: Future motions should use the official caption designated for this case. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [584069] [JAL] [Entered: 02/07/2019 12:26 PM] (0)
Feb 7, 2019 52 **TEXT ONLY** ORDER filed granting motion to extend time to file brief [51] filed by Appellant Fulfillium, Inc. Appellant's reply brief is due 03/20/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [584068] [JAL] [Entered: 02/07/2019 12:25 PM] (0)
Feb 5, 2019 51 MODIFIED ENTRY: MOTION of Appellant Fulfillium, Inc. to extend the time to 03/20/2019 to file Response/Reply. Any response is due within 10 days of service [Consent: unopposed]. Service: 02/05/2019 by email. [583629]--[Edited 02/07/2019 by CAB to add correct relief] [William Alciati] [Entered: 02/05/2019 06:06 PM] (10)
Jan 9, 2019 50 MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED for Cross-Appellant ReShape Medical LLC. Number of Pages: 73. Service: 01/09/2019 by email. [577120] --[Edited 01/10/2019 by JAL - Compliance review complete] [Justin Gray] [Entered: 01/09/2019 05:18 PM] (123)
Jan 9, 2019 49 Corrected Certificate of Interest for the Appellee SV Health Investors, LLC. Service: 01/09/2019 by email. [576921] [18-2318] [Natasha Daughtrey] [Entered: 01/09/2019 12:44 PM] (3)
Jan 9, 2019 48 Corrected Certificate of Interest for the Appellee SV Health Investors, LLC. Service: 01/09/2019 by email. [576913] [18-2318] [William Jay] [Entered: 01/09/2019 12:22 PM] (3)
Jan 9, 2019 47 NOTICE OF NON-COMPLIANCE: The submission of Cross-Appellant ReShape Medical LLC, Opening Brief [43], is not in compliance with the rules of this court (see attached). Compliant document due on 01/16/2019. Service as of this date by the Clerk of Court.[576782] [JAL] [Entered: 01/09/2019 09:05 AM] (2)
Jan 9, 2019 46 NOTICE OF NON-COMPLIANCE: The submission of Appellee SV Health Investors, LLC, Certificate of Interest [44], is not in compliance with the rules of this court (see attached). Compliant document due on 01/16/2019. Service as of this date by the Clerk of Court.[576780] [JAL] [Entered: 01/09/2019 09:01 AM] (1)
Jan 7, 2019 45 MODIFIED ENTRY: MODIFIED ENTRY: Notice of Joinder for Appellee SV Health Investors, LLC joining in [50] Opening Brief submitted by Cross-Appellant ReShape Medical LLC in 18-2318. Service: 01/07/2019 by email. [576510]--[Edited 01/10/2019 by JAL - Compliance review complete] Stricken pursuant to the court's order. See Doc No. [76] [Natasha Daughtrey] [Entered: 01/07/2019 08:22 PM] (0)
Jan 7, 2019 44 Certificate of Interest for the Appellee SV Health Investors, LLC. Service: 01/07/2019 by email. [576504] [18-2318] This document is non-compliant. See Doc No.[46] [Natasha Daughtrey] [Entered: 01/07/2019 07:04 PM] (2)
Jan 7, 2019 43 FILED from Cross-Appellant ReShape Medical LLC. Title: OPENING BRIEF. Service: 01/07/2019 by email. [576496] [18-2318] This document is non-compliant. See Doc No.[47] [Justin Gray] [Entered: 01/07/2019 06:23 PM] (123)
Jan 7, 2019 42 Official caption revised to reflect non-participation in appeal by Counterclaim Defendant Dr. Richard Chen. The official caption is reflected on the electronic docket under the listing of the parties and counsel. Service as of this date by the Clerk of Court. [576200] [JAL] [Entered: 01/07/2019 10:52 AM] (0)
Dec 19, 2018 41 OVERDUE NOTICE to counsel for Appellee Dr. Richard Chen: The record of this case indicates that no Entry of Appearance has been filed for Appellee. Also, no Certificate of Interest or Docketing Statement has not been filed. Please file documents promptly. Service as of this date by the Clerk of Court. [572943] [JB] [Entered: 12/19/2018 09:33 AM] (0)
Dec 11, 2018 39 Entry of appearance for Jose L. Patino as of counsel for Cross-Appellant ReShape Medical LLC. Service: 12/11/2018 by email. [571047] [18-2318] [Jose Patino] [Entered: 12/11/2018 05:32 PM] (2)
Dec 11, 2018 40 Entry of appearance for Justin E. Gray as of counsel for Cross-Appellant ReShape Medical LLC. Service: 12/11/2018 by email. [571048] [18-2318] [Justin Gray] [Entered: 12/11/2018 05:35 PM] (2)
Dec 11, 2018 38 Docketing Statement for the Cross-Appellant ReShape Medical LLC. Service: 12/11/2018 by email. [571046] [18-2318] [Nicola Pisano] [Entered: 12/11/2018 05:30 PM] (4)
Dec 11, 2018 37 Certificate of Interest for the Cross-Appellant ReShape Medical LLC. Service: 12/11/2018 by email. [571045] [18-2318] [Nicola Pisano] [Entered: 12/11/2018 05:29 PM] (3)
Dec 11, 2018 36 Entry of appearance for Nicola A. Pisano as principal counsel for Cross-Appellant ReShape Medical LLC. Service: 12/11/2018 by email. [571044] [18-2318] [Nicola Pisano] [Entered: 12/11/2018 05:28 PM] (2)
Nov 28, 2018 35 Entry of appearance for W. Cook Alciati as principal counsel for Appellant Fulfillium, Inc.. Service: 11/28/2018 by email. [568337] [18-2318] [William Alciati] [Entered: 11/28/2018 05:10 PM] (2)
Nov 28, 2018 34 Docketing Statement for the Appellant Fulfillium, Inc.. Service: 11/28/2018 by email. [568334] [18-2318] [William Alciati] [Entered: 11/28/2018 05:04 PM] (4)
Nov 28, 2018 33 Certificate of Interest for the Appellant Fulfillium, Inc.. Service: 11/28/2018 by email. [568332] [18-2318] [William Alciati] [Entered: 11/28/2018 05:02 PM] (3)
Nov 28, 2018 32 MODIFIED ENTRY: BRIEF FILED for Appellant Fulfillium, Inc. Number of Pages: 39. Service: 11/28/2018 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [568298] --[Edited 12/10/2018 by CAB - compliance review complete] [William Alciati] [Entered: 11/28/2018 03:54 PM] (160)
Nov 27, 2018 31 Note to file: The following cases are associated:18-2318 Lead with 19-1199 Cross-Appeal. FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY.Entry of Appearance due 12/11/2018. Certificate of Interest is due on 12/11/2018. Docketing Statement due 12/11/2018 [567731] [JB] [Entered: 11/27/2018 09:44 AM] (0)
Nov 27, 2018 30 ORDER consolidating appeals (18-2318 Lead with 19-1199 Cross-Appeal). The revised official caption is reflected above. To align the briefing schedules, the court has designated Fulfillium, Inc. as the appellant, and 2019-1199 shall be designated a cross-appeal.Service as of this date by the Clerk of Court. [567708] [JB] [Entered: 11/27/2018 09:22 AM] (2)
Oct 31, 2018 29 ORDER filed. The motion to stay [20] is denied. The motion to extend time [19] is granted. Service: 10/31/2018 by clerk. [561601] [LMS] [Entered: 10/31/2018 11:27 AM] (2)
Oct 24, 2018 28 CLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: Motions [19] and [20]; responses [21], [25], and [26]; and replies [24] and [27] did not include certificates of compliance. CORRECTION: Pursuant to FRAP 32(g)(1), motions, responses, and replies must contain a certificate of compliance with the word count. Please ensure future motions papers include the certificate of compliance. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [559957] [MJL] [Entered: 10/24/2018 10:59 AM] (0)
Oct 17, 2018 27 REPLY of Appellant Fulfillium, Inc. to response filed by Appellee, Doc. No [25], response filed by Appellee, Doc. No [26]. Service: 10/17/2018 by email. [558284] [18-2318] [William Alciati] [Entered: 10/17/2018 06:32 PM] (7)
Oct 15, 2018 26 RESPONSE of Appellee SV Health Investors, LLC to the motion [20] filed by Appellant Fulfillium, Inc.. Service: 10/15/2018 by email. [557301] [18-2318] [Natasha Daughtrey] [Entered: 10/15/2018 06:54 PM] (8)
Oct 15, 2018 25 RESPONSE of Appellee ReShape Medical LLC to the motion to stay appeal [20] filed by Appellant Fulfillium, Inc.. Service: 10/15/2018 by email. [557288] [18-2318] [Nicola Pisano] [Entered: 10/15/2018 05:51 PM] (7)
Oct 9, 2018 24 REPLY of Appellant Fulfillium, Inc. to response filed by Appellee, Doc. No [21]. Service: 10/09/2018 by email. [555776] [18-2318] [William Alciati] [Entered: 10/09/2018 04:57 PM] (5)
Oct 9, 2018 23 REMINDER: All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a)and Fed. Cir. R. 47.3 to promptly submit an amended Certificate of Interest (COI) and/or Entry of Appearance (EOA) as information changes during the pendency of the appeal. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. [555449] [JB] [Entered: 10/09/2018 09:03 AM] (0)
Oct 9, 2018 22 Official caption revised to remove appellee designation for defendant ReShape LifeSciences, Inc. The official caption is reflected on the electronic docket under the listing of the parties and counsel. Service as of this date by the Clerk of Court. [555446] [JB] [Entered: 10/09/2018 09:00 AM] (0)
Oct 5, 2018 21 RESPONSE of Appellee ReShape Medical LLC to the motion [19] filed by Appellant Fulfillium, Inc.. Service: 10/05/2018 by email. [555307] [18-2318] [Nicola Pisano] [Entered: 10/05/2018 02:41 PM] (6)
Oct 3, 2018 20 MOTION of Appellant Fulfillium, Inc. to stay appeal [Consent: opposed]. Service: 10/03/2018 by email. [554649] [18-2318] [William Alciati] [Entered: 10/03/2018 04:14 PM] (7)
Oct 3, 2018 19 MOTION of Appellant Fulfillium, Inc. to extend the time to 11/28/2018 to file the Appellant's Brief. [Consent: opposed]. Service: 10/03/2018 by email. [554646] [18-2318] [William Alciati] [Entered: 10/03/2018 04:12 PM] (8)
Sep 24, 2018 18 OVERDUE NOTICE to counsel for Appellee ReShape LifeSciences, Inc.: The record of this case indicates that no Entry of Appearance has been filed for Appellee. Also, the Certificate of Interest and Docketing Statement have not been filed. Please file documents promptly. Service as of this date by the Clerk of Court. [552180] --[Edited 09/28/2018 by CAB to correct docket text] [JB] [Entered: 09/24/2018 05:07 PM] (0)
Sep 19, 2018 17 Corrected Docketing Statement for the Appellee SV Health Investors, LLC. Service: 09/19/2018 by email. [551022] [18-2318] [Natasha Daughtrey] [Entered: 09/19/2018 01:12 PM] (3)
Sep 18, 2018 16 NOTICE OF NON-COMPLIANCE: The submission of Appellee SV Health Investors, LLC, Docketing Statement [8], is not in compliance with the rules of this court (see attached). Compliant document due on 09/25/2018. Service as of this date by the Clerk of Court. [550603] [MJL] [Entered: 09/18/2018 09:13 AM] (1)
Sep 18, 2018 15 CLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: The contact information on the entry of appearance (EOA) for Natasha E. Daughtrey [7] does not match the information in the attorney's user account. CORRECTION: Pursuant to FCR 47.3(c)(1), please update as needed to ensure the contact information on the EOA and in the user account matches. [550597] [MJL] [Entered: 09/18/2018 09:01 AM] (0)
Sep 13, 2018 14 Entry of appearance for Timothy Devlin as of counsel for Appellant Fulfillium, Inc.. Service: 09/13/2018 by email. [549648] [18-2318] [Timothy Devlin] [Entered: 09/13/2018 09:08 PM] (2)
Sep 13, 2018 13 Entry of appearance for Greg H. Gardella as of counsel for Appellant Fulfillium, Inc.. Service: 09/13/2018 by email. [549644] [18-2318] [Greg Gardella] [Entered: 09/13/2018 07:15 PM] (2)
Sep 13, 2018 12 Docketing Statement for the Appellant Fulfillium, Inc.. Service: 09/13/2018 by email. [549642] [18-2318] [William Alciati] [Entered: 09/13/2018 06:20 PM] (4)
Sep 13, 2018 11 Certificate of Interest for the Appellant Fulfillium, Inc.. Service: 09/13/2018 by email. [549641] [18-2318] [William Alciati] [Entered: 09/13/2018 06:18 PM] (3)
Sep 13, 2018 10 Entry of appearance for W. Cook Alciati as principal counsel for Appellant Fulfillium, Inc.. Service: 09/13/2018 by email. [549640] [18-2318] [William Alciati] [Entered: 09/13/2018 06:16 PM] (2)
Sep 13, 2018 9 Certificate of Interest for the Appellee SV Health Investors, LLC. Service: 09/13/2018 by email. [549608] [18-2318] [Natasha Daughtrey] [Entered: 09/13/2018 04:07 PM] (3)
Sep 13, 2018 8 Docketing Statement for the Appellee SV Health Investors, LLC. Service: 09/13/2018 by email. [549603] [18-2318]. This document is non-compliant. See Doc. No. [16]. [Natasha Daughtrey] [Entered: 09/13/2018 04:05 PM] (3)
Sep 13, 2018 7 Entry of appearance for Natasha E. Daughtrey as principal counsel for Appellee SV Health Investors, LLC. Service: 09/13/2018 by email. [549600] [18-2318] [Natasha Daughtrey] [Entered: 09/13/2018 04:04 PM] (2)
Sep 13, 2018 6 Entry of appearance for Justin E. Gray as of counsel for Appellee ReShape Medical LLC. Service: 09/13/2018 by email. [549571] [18-2318] [Justin Gray] [Entered: 09/13/2018 03:12 PM] (2)
Sep 13, 2018 5 Entry of appearance for Jose L. Patino as of counsel for Appellee ReShape Medical LLC. Service: 09/13/2018 by email. [549569] [18-2318] [Jose Patino] [Entered: 09/13/2018 03:09 PM] (2)
Sep 13, 2018 4 Docketing Statement for the Appellee ReShape Medical LLC. Service: 09/13/2018 by email. [549564] [18-2318] [Nicola Pisano] [Entered: 09/13/2018 03:04 PM] (4)
Sep 13, 2018 3 Certificate of Interest for the Appellee ReShape Medical LLC. Service: 09/13/2018 by email. [549557] [18-2318] [Nicola Pisano] [Entered: 09/13/2018 03:01 PM] (3)
Sep 13, 2018 2 Entry of appearance for Nicola A. Pisano as principal counsel for Appellee ReShape Medical LLC. Service: 09/13/2018 by email. [549556] [18-2318] [Nicola Pisano] [Entered: 09/13/2018 02:58 PM] (2)
Aug 30, 2018 1 Appeal docketed. Received: 08/24/2018. [546337]Entry of Appearance due 09/13/2018. Certificate of Interest is due on 09/13/2018. Docketing Statement due 09/13/2018. Appellant's brief is due by 10/29/2018. [CMP] [Entered: 08/30/2018 10:30 AM] (41)
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