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Case number 1:22-cv-05574

NuWave LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint > Documents

Date Field Doc. No.Description (Pages)
Feb 16, 2023 35 MAILED patent report with certified copy of minute order dated 2/14/2023 to Patent Trademark Office, Alexandria VA. (jn, ) (Entered: 02/16/2023) (12)
Feb 14, 2023 34 MINUTE entry before the Honorable Martha M. Pacold: Pursuant to the Plaintiff's stipulation 33 , this action is dismissed with prejudice. Fed.R.Civ.P. 41(a)(1)(A)(i); id. 41(a)(1)(B). Each party to bear its own fees and costs. Plaintiff's motion for preliminary injunction 21 and defendants' motion to reinstate and modify TRO and extend time to respond to preliminary injunction 31 are denied as moot. Civil case terminated. (rao, ) (Entered: 02/14/2023) (1)
Feb 13, 2023 33 NOTICE of Voluntary Dismissal by NuWave LLC (Lee, Nicholas) (Entered: 02/13/2023) (2)
Jan 20, 2023 32 MINUTE entry before the Honorable Martha M. Pacold: The court has received the parties' latest filings, including the status report 30 and Defendants' motion to modify and extend the TRO and for an extension of time to respond to the motion for preliminary injunction. 31 . The status report 30 reflects that Plaintiff intends to file an amended complaint. The court grants leave to amend, and the amended complaint is due by 1/27/2023. Defendants' answer is due by 2/10/2023. As to Defendants' motion to modify and reinstate the TRO and for an extension of time to respond to the motion for preliminary injunction, 31 , the court has taken the motion under advisement. Plaintiff's response is due by 2/2/2023. Defendants' reply, if any, is due by 2/9/2023. For any future motions, the parties are directed to review the court's motions procedures. The procedures require all motions to state clearly whether they are agreed or opposed, and if they are opposed, to contain an agreed briefing schedule or have one simultaneously submitted to the court's Proposed Order Box. (rao, ) (Entered: 01/20/2023) (1)
Jan 18, 2023 31 MOTION by Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on the Attached Schedule A for extension of time to respond to motion for preliminary injunction and to reinstate and modify temporary restraining order (Baron, Steven) (Entered: 01/18/2023) (8)
Jan 12, 2023 30 STATUS Report (Joint) by NuWave LLC (Lee, Nicholas) (Entered: 01/12/2023) (5)
Dec 30, 2022 29 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file a joint status report by 1/12/2023, conferring with defendants that have appeared, updating the court on the status of the case. (rao, ) (Entered: 12/30/2022) (1)
Dec 29, 2022 28 ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/30/2022) (1)
Dec 2, 2022 27 MINUTE entry before the Honorable Martha M. Pacold: Defendants BlitzWolf (Banggood.com), BlitzWolf Official Store (Newegg.com), BlitzWolf (Walmart.com), and Lotus NL B.V.'s unopposed motion for extension of time to respond to Plaintiff's motion for preliminary injunction and expedited discovery 26 is granted. Defendants BlitzWolf (Banggood.com), BlitzWolf Official Store (Newegg.com), BlitzWolf (Walmart.com), and Lotus NL B.V. response to Plaintiff's motion for preliminary injunction 21 and expedited discovery are due by 12/14/2022. (rao, ) (Entered: 12/02/2022) (1)
Nov 30, 2022 26 MOTION by Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on the Attached Schedule A for extension of time to file response/reply as to motion for preliminary injunction 21 , other 22 Unopposed (Baron, Steven) (Entered: 11/30/2022) (4)
Nov 30, 2022 25 ATTORNEY Appearance for Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on the Attached Schedule A by Steven L Baron Certain Defendants Only - as designated on Appearance (Baron, Steven) (Entered: 11/30/2022) (1)
Nov 22, 2022 24 Notice of Compliance by NuWave LLC (Attachments: # 1 Exhibit A)(Lee, Nicholas) (Entered: 11/22/2022) (Exhibit A) (2)
Nov 22, 2022 24 Notice of Compliance by NuWave LLC (Attachments: # 1 Exhibit A)(Lee, Nicholas) (Entered: 11/22/2022) (Main Document) (2)
Nov 22, 2022 23 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 21 under advisement and will consider the motion unopposed if no defendant appears and objects by 11/30/2022. Plaintiff shall serve defendants with this notice. (rao, ) (Entered: 11/22/2022) (1)
Nov 21, 2022 22 Brief by NuWave LLC In Support of Motion for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lee, Nicholas) (Entered: 11/21/2022) (Exhibit C) (30)
Nov 21, 2022 22 Brief by NuWave LLC In Support of Motion for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lee, Nicholas) (Entered: 11/21/2022) (Exhibit B) (8)
Nov 21, 2022 22 Brief by NuWave LLC In Support of Motion for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lee, Nicholas) (Entered: 11/21/2022) (Exhibit A) (10)
Nov 21, 2022 22 Brief by NuWave LLC In Support of Motion for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lee, Nicholas) (Entered: 11/21/2022) (Main Document) (13)
Nov 21, 2022 21 MOTION by Plaintiff NuWave LLC for preliminary injunction (Lee, Nicholas) (Entered: 11/21/2022) (2)
Nov 16, 2022 20 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion for leave to file instanter and to extend the TRO 19 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO 18 entered on 10/31/2022 is extended until 11/28/2022. (rao, ) (Entered: 11/16/2022) (1)
Nov 14, 2022 19 MOTION by Plaintiff NuWave LLC for leave to file Instanter and to Extend Temporary Restraining Order (Attachments: # 1 Exhibit A)(Lee, Nicholas) (Entered: 11/14/2022) (Exhibit A) (4)
Nov 14, 2022 19 MOTION by Plaintiff NuWave LLC for leave to file Instanter and to Extend Temporary Restraining Order (Attachments: # 1 Exhibit A)(Lee, Nicholas) (Entered: 11/14/2022) (Main Document) (7)
Oct 31, 2022 18 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 10/31/2022: (rao, ) (Entered: 10/31/2022) (0)
Oct 31, 2022 17 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal 6 , for alternative service of process 8 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 5 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting (which plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (rao, ) (Entered: 10/31/2022) (2)
Oct 28, 2022 16 Notice of Compliance by NuWave LLC (Attachments: # 1 Exhibit A)(Lee, Nicholas) (Entered: 10/28/2022) (Main Document) (2)
Oct 28, 2022 16 Notice of Compliance by NuWave LLC (Attachments: # 1 Exhibit A)(Lee, Nicholas) (Entered: 10/28/2022) (Exhibit A) (2)
Oct 21, 2022 15 MINUTE entry before the Honorable Martha M. Pacold: This court's earlier order 14 is amended to correct the court's proposed order email address. The court has received Plaintiff's proposed TRO. Plaintiff is directed to file a brief of no more than five pages by 10/28/2022 explaining how paragraph 10 of the proposed order is consistent with Fed. R. Civ. P. 65(c). In the alternative, Plaintiff may submit a new redlined and clean copy of a proposed TRO to Proposed_Order_Pacold@ilnd.uscourts.gov consistent with the Federal Rules. (rao, ) (Entered: 10/21/2022) (1)
Oct 21, 2022 14 MINUTE entry before the Honorable Martha M. Pacold: The court has received Plaintiff's proposed TRO. Plaintiff is directed to file a brief of no more than five pages by 10/28/2022 explaining how paragraph 10 of the proposed order is consistent with Fed. R. Civ. P. 65(c). In the alternative, Plaintiff may submit a new redlined and clean copy of a proposed TRO to Proposed_Order_Inbox@ilnd.uscourts.gov consistent with the Federal Rules. (rao, ) (Entered: 10/21/2022) (1)
Oct 19, 2022 13 MOTION by Plaintiff NuWave LLC for Refund of Fees Paid Electronically (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lee, Nicholas) (Entered: 10/19/2022) (Main Document) (3)
Oct 19, 2022 13 MOTION by Plaintiff NuWave LLC for Refund of Fees Paid Electronically (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lee, Nicholas) (Entered: 10/19/2022) (Exhibit A) (2)
Oct 19, 2022 13 MOTION by Plaintiff NuWave LLC for Refund of Fees Paid Electronically (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lee, Nicholas) (Entered: 10/19/2022) (Exhibit B) (2)
Oct 19, 2022 13 MOTION by Plaintiff NuWave LLC for Refund of Fees Paid Electronically (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lee, Nicholas) (Entered: 10/19/2022) (Exhibit C) (2)
Oct 14, 2022 12 MINUTE entry before the Honorable Martha M. Pacold: The court has received Plaintiff's motions 5 , 6 , 8 , and a redlined copy of the proposed temporary restraining order. The court directs the Plaintiff to also submit a clean copy (one without track changes) of its proposed temporary restraining order to Proposed_Order_Pacold@ilnd.uscourts.gov. Plaintiff's pending motions remain under advisement. (rao, ) (Entered: 10/14/2022) (1)
Oct 13, 2022 11 MAILED patent report to Patent Trademark Office, Alexandria VA. (jn, ) (Entered: 10/13/2022) (11)
Oct 12, 2022 10 NOTICE by NuWave LLC of Claims Involving Patents or Trademarks (LR 3.4) (Bishop, Edward) (Entered: 10/12/2022) (3)
Oct 12, 2022 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NuWave LLC (Bishop, Edward) (Entered: 10/12/2022) (3)
Oct 12, 2022 N/A clerk's notice (0)
Docket Text: CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jk2, ) 9 Filed & Entered: 10/12/2022 notification of affiliates pursuant to local rule 3.2 Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NuWave LLC (Bishop, Edward) 10 Filed & Entered: 10/12/2022 notice of filing Docket Text: NOTICE by NuWave LLC of Claims Involving Patents or Trademarks (LR 3.4) (Bishop, Edward) 11 Filed & Entered: 10/13/2022 Patent/Trademark report Docket Text: MAILED patent report to Patent Trademark Office, Alexandria VA. (jn, ) 12 Filed & Entered: 10/14/2022 text entry Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court has received Plaintiff's motions [5], [6], [8], and a redlined copy of the proposed temporary restraining order. The court directs the Plaintiff to also submit a clean copy (one without track changes) of its proposed temporary restraining order to Proposed_Order_Pacold@ilnd.uscourts.gov. Plaintiff's pending motions remain under advisement. (rao, ) 13 Filed & Entered: 10/19/2022 motion for miscellaneous relief Docket Text: MOTION by Plaintiff NuWave LLC for Refund of Fees Paid Electronically (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Lee, Nicholas) 14 Filed & Entered: 10/21/2022 text entry Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court has received Plaintiff's proposed TRO. Plaintiff is directed to file a brief of no more than five pages by 10/28/2022 explaining how paragraph 10 of the proposed order is consistent with Fed. R. Civ. P. 65(c). In the alternative, Plaintiff may submit a new redlined and clean copy of a proposed TRO to Proposed_Order_Inbox@ilnd.uscourts.gov consistent with the Federal Rules. (rao, ) 15 Filed & Entered: 10/21/2022 text entry Docket Text: MINUTE entry before the Honorable Martha M. Pacold: This court's earlier order [14] is amended to correct the court's proposed order email address. The court has received Plaintiff's proposed TRO. Plaintiff is directed to file a brief of no more than five pages by 10/28/2022 explaining how paragraph 10 of the proposed order is consistent with Fed. R. Civ. P. 65(c). In the alternative, Plaintiff may submit a new redlined and clean copy of a proposed TRO to Proposed_Order_Pacold@ilnd.uscourts.gov consistent with the Federal Rules. (rao, ) 16 Filed & Entered: 10/28/2022 other Docket Text: Notice of Compliance by NuWave LLC (Attachments: # (1) Exhibit A)(Lee, Nicholas) 17 Filed & Entered: 10/31/2022 order on motion for temporary restraining order Docket Text: MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal [6], for alternative service of process [8], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [5] are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting (which plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (rao, ) 18 Filed & Entered: 10/31/2022 SEALED Order Docket Text: SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 10/31/2022: (rao, ) Filed & Entered: 11/14/2022 summons issued Docket Text: SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on the Attached Schedule A (smb, ) 19 Filed & Entered: 11/14/2022Terminated: 11/16/2022 motion for leave to file Docket Text: MOTION by Plaintiff NuWave LLC for leave to file Instanter and to Extend Temporary Restraining Order (Attachments: # (1) Exhibit A)(Lee, Nicholas) 20 Filed & Entered: 11/16/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion for leave to file instanter and to extend the TRO [19] is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO [18] entered on 10/31/2022 is extended until 11/28/2022. (rao, )
Oct 12, 2022 N/A case assigned (0)
Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (jk2, )
Oct 11, 2022 8 motion for miscellaneous relief (10)
Docket Text: MOTION by Plaintiff NuWave LLC for Alternative Service (Bishop, Edward)
Oct 11, 2022 6 motion for leave to file (4)
Docket Text: MOTION by Plaintiff NuWave LLC for leave to file Under Seal (Bishop, Edward)
Oct 11, 2022 5 motion for temporary restraining order (13)
Docket Text: MOTION by Plaintiff NuWave LLC for temporary restraining order and Preliminary Injunction (Bishop, Edward)
Oct 11, 2022 4 attorney appearance (1)
Docket Text: ATTORNEY Appearance for Plaintiff NuWave LLC by Benjamin Adam Campbell (Campbell, Benjamin)
Oct 11, 2022 3 attorney appearance (1)
Docket Text: ATTORNEY Appearance for Plaintiff NuWave LLC by Nicholas S. Lee (Lee, Nicholas)
Oct 11, 2022 2 civil cover sheet (1)
Docket Text: CIVIL Cover Sheet (Bishop, Edward)
Oct 11, 2022 1 complaint (Exhibit 6) (30)
Docket Text: COMPLAINT filed by NuWave LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-19932270. (Attachments: # (1) Schedule A (Redacted), # (2) Exhibit 1, # (3) Exhibit 2 (Redacted), # (4) Exhibit 3 (Redacted), # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6)(Bishop, Edward)
Oct 11, 2022 1 complaint (Exhibit 5) (30)
Docket Text: COMPLAINT filed by NuWave LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-19932270. (Attachments: # (1) Schedule A (Redacted), # (2) Exhibit 1, # (3) Exhibit 2 (Redacted), # (4) Exhibit 3 (Redacted), # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6)(Bishop, Edward)
Oct 11, 2022 1 complaint (Exhibit 4) (26)
Docket Text: COMPLAINT filed by NuWave LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-19932270. (Attachments: # (1) Schedule A (Redacted), # (2) Exhibit 1, # (3) Exhibit 2 (Redacted), # (4) Exhibit 3 (Redacted), # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6)(Bishop, Edward)
Oct 11, 2022 1 complaint (Exhibit 3 (Redacted)) (1)
Docket Text: COMPLAINT filed by NuWave LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-19932270. (Attachments: # (1) Schedule A (Redacted), # (2) Exhibit 1, # (3) Exhibit 2 (Redacted), # (4) Exhibit 3 (Redacted), # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6)(Bishop, Edward)
Oct 11, 2022 1 complaint (Exhibit 2 (Redacted)) (1)
Docket Text: COMPLAINT filed by NuWave LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-19932270. (Attachments: # (1) Schedule A (Redacted), # (2) Exhibit 1, # (3) Exhibit 2 (Redacted), # (4) Exhibit 3 (Redacted), # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6)(Bishop, Edward)
Oct 11, 2022 1 complaint (Exhibit 1) (10)
Docket Text: COMPLAINT filed by NuWave LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-19932270. (Attachments: # (1) Schedule A (Redacted), # (2) Exhibit 1, # (3) Exhibit 2 (Redacted), # (4) Exhibit 3 (Redacted), # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6)(Bishop, Edward)
Oct 11, 2022 1 complaint (Schedule A (Redacted)) (1)
Docket Text: COMPLAINT filed by NuWave LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-19932270. (Attachments: # (1) Schedule A (Redacted), # (2) Exhibit 1, # (3) Exhibit 2 (Redacted), # (4) Exhibit 3 (Redacted), # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6)(Bishop, Edward)
Oct 11, 2022 1 complaint (Main Document) (12)
Docket Text: COMPLAINT filed by NuWave LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-19932270. (Attachments: # (1) Schedule A (Redacted), # (2) Exhibit 1, # (3) Exhibit 2 (Redacted), # (4) Exhibit 3 (Redacted), # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6)(Bishop, Edward)
Oct 11, 2022 1 Complaint* (1)
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