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Case number 1:19-cv-05405

The Upstart Group, Incorporated v. Upstart Group, LLC > Documents

Date Field Doc. No.Description (Pages)
Sep 1, 2021 N/A other (0)
Docket Text: ELECTRONIC Acknowledgement of case transferred to the Western District of Washington as case 2:21-cv-01193, filed 09/01/2021. (nsf, )
Aug 24, 2021 55 case transferred out - district transfer (1)
Docket Text: TRANSFERRED to the USDC Western District of Washington, Milwaukee the electronic record. (rc, )
Aug 5, 2021 54 terminated case (1)
Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 8/5/2021. Pursuant to the parties' stipulation on the record, and as the Court understands that a related case is pending in the Western District of Washington under case number 19-cv-1290 (Upstart Group, LLC v. The Upstart Group, Inc.), the Clerk of Court shall transfer this case to the Western District of Washington forthwith. All pending hearing dates and motions on this Court's docket are terminated. Civil case terminated. Mailed notice (dal, )
Aug 3, 2021 53 set/reset hearings (1)
Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 8/5/2021 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, )
Feb 17, 2021 52 status report (3)
Docket Text: STATUS Report Joint Status Report by Upstart Group, LLC (Klein, Steven)
Feb 2, 2021 51 telephone conference (1)
Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 2/2/2021. The Court directs the parties to meet and confer in an attempt to resolve any issues with the Fed. R. Civ. P. 30(b)(6) deposition of the Defendant. By 2/17/2021, the parties shall file a joint status report setting forth: (1) a list of any issues the parties were unable to resolve regarding the Fed. R. Civ. P. 30(b)(6) deposition of Defendant, (2) the parties' respective positions on the remaining issues, and (3) a proposed briefing schedule for Defendant's motion to dismiss [48]. The court will set a further schedule after review of the parties' status report. Mailed notice (dal, )
Feb 1, 2021 48 motion to dismiss/lack of jurisdiction (15)
Docket Text: MOTION by Defendant Upstart Group, LLC to dismiss for lack of jurisdiction or transfer (Klein, Steven)
Feb 1, 2021 49 Main Document (3)
Docket Text: DECLARATION of Lynn Fulks regarding motion to dismiss/lack of jurisdiction[48] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Klein, Steven)
Feb 1, 2021 49 Exhibit 1 (2)
Feb 1, 2021 49 Exhibit 2 (2)
Feb 1, 2021 49 Exhibit 3 (2)
Feb 1, 2021 49 Exhibit 4 (3)
Feb 1, 2021 49 Exhibit 5 (4)
Feb 1, 2021 50 Main Document (7)
Docket Text: DECLARATION of Steven E. Klein regarding motion to dismiss/lack of jurisdiction[48] (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, # (11) Exhibit K, # (12) Exhibit L)(Klein, Steven)
Feb 1, 2021 50 Exhibit A (8)
Feb 1, 2021 50 Exhibit B (3)
Feb 1, 2021 50 Exhibit C (11)
Feb 1, 2021 50 Exhibit D (2)
Feb 1, 2021 50 Exhibit E (2)
Feb 1, 2021 50 Exhibit F (2)
Feb 1, 2021 50 Exhibit G (2)
Feb 1, 2021 50 Exhibit H (2)
Feb 1, 2021 50 Exhibit I (2)
Feb 1, 2021 50 Exhibit J (2)
Feb 1, 2021 50 Exhibit K (5)
Feb 1, 2021 50 Exhibit L (5)
Jan 26, 2021 47 order on motion for extension of time (1)
Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion to withdraw it's motion to extend time for limited jurisdictional discovery or, in the alternative, compel the Rule 30(B)(6) deposition of Defendant [46] is granted. Plaintiff's motion at docket number [44] is withdrawn. The telephonic motion hearing set for 1/27/2021 is stricken; parties need not appear. The telephonic status hearing set for 2/2/2021 remains firm. Mailed notice (dal, )
Jan 25, 2021 46 motion to withdraw (2)
Docket Text: MOTION by Plaintiff The Upstart Group, Incorporated to withdraw extension of time, [44] (Smeltzer, Robert)
Jan 21, 2021 45 set/reset hearings (1)
Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing on Plaintiff's motion to extend time for limited jurisdictional discovery or, in the alternative, to compel the Rule 30(B)(6) deposition of Defendant [44] is set for 1/27/2021 at 2:00 PM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, )
Jan 20, 2021 44 Main Document (6)
Docket Text: MOTION by Plaintiff The Upstart Group, Incorporated for extension of time FOR LIMITED JURISDICTIONAL DISCOVERY OR, IN THE ALTERNATIVE, TO COMPEL THE RULE 30(B)(6) DEPOSITION OF DEFENDANT (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Smeltzer, Robert)
Jan 20, 2021 44 Exhibit 1 (13)
Jan 20, 2021 44 Exhibit 2 (6)
Jan 20, 2021 44 Exhibit 3 (7)
Dec 15, 2020 43 protective order (12)
Docket Text: AGREED CONFIDENTIALITY ORDER Signed by the Honorable Andrea R. Wood on 12/15/2020. Mailed notice (dal, )
Nov 30, 2020 42 order on motion to dismiss/lack of jurisdiction (4)
Docket Text: ORDER Signed by the Honorable Andrea R. Wood on 11/30/2020: Plaintiff's motion for limited jurisdictional discovery [26] is granted in part. The Court will allow Plaintiff to take limited jurisdictional discovery as follows. Plaintiff may serve up to ten document requests and ten interrogatories to Defendant, limited to the topics indicated in the accompanying Statement. Plaintiff may also conduct telephonic or video depositions of two representatives of Defendant, each deposition lasting no more than four hours. All jurisdictional discovery must be completed by 1/29/2021. To the extent Defendant believes in good faith that information sought by Plaintiff should be treated as confidential, by 12/14/2020, the parties may jointly submit a proposed protective order, in Word version, by email to Proposed_Order_Wood@ilnd.uscourts.gov. Furthermore, the Court denies without prejudice Defendant's motion to dismiss, or alternatively, to transfer the case [19] and its motion for sanctions [30]. Defendant may refile these motions after the competition of jurisdictional discovery, if it still believes there is a good-faith basis for the relief sought. Telephonic status hearing set for 2/2/2020 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. See the accompanying Statement for additional details. Mailed notice (dal, )
Jul 10, 2020 41 order (8)
Docket Text: ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk5, Docket)
May 26, 2020 40 order (8)
Docket Text: ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket7, )
May 18, 2020 38 status report (2)
Docket Text: STATUS Report - Joint Status Report by The Upstart Group, Incorporated (Ambrose, Robert)
May 18, 2020 39 status report (2)
Docket Text: STATUS Report - Amended Joint Status Report by The Upstart Group, Incorporated (Ambrose, Robert)
Apr 24, 2020 37 order (11)
Docket Text: ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket6, )
Mar 30, 2020 36 order (10)
Docket Text: ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1, )
Mar 16, 2020 34 order (5)
Docket Text: ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, )
Mar 16, 2020 35 order (5)
Docket Text: ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, )
Dec 19, 2019 33 order on motion for discovery (1)
Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Pursuant to the discussion held in open court and for the reasons stated on the record, Plaintiff's motion for limited jurisdictional discovery [26] is taken under advisement. The Court ruling shall issue in short order by mail. Mailed notice (ef, )
Dec 18, 2019 30 motion for sanctions (15)
Docket Text: MOTION by Defendant Upstart Group, LLC for sanctions (Klein, Steven)
Dec 18, 2019 31 notice of motion (3)
Docket Text: NOTICE of Motion by Steven E. Klein for presentment of motion for sanctions[30] before Honorable Andrea R. Wood on 1/7/2020 at 09:00 AM. (Klein, Steven)
Dec 18, 2019 32 Main Document (7)
Docket Text: DECLARATION of Steven E. Klein regarding motion for sanctions[30] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19)(Klein, Steven)
Dec 18, 2019 32 Exhibit 1 (9)
Dec 18, 2019 32 Exhibit 2 (2)
Dec 18, 2019 32 Exhibit 3 (2)
Dec 18, 2019 32 Exhibit 4 (5)
Dec 18, 2019 32 Exhibit 5 (2)
Dec 18, 2019 32 Exhibit 6 (4)
Dec 18, 2019 32 Exhibit 7 (3)
Dec 18, 2019 32 Exhibit 8 (2)
Dec 18, 2019 32 Exhibit 9 (2)
Dec 18, 2019 32 Exhibit 10 (2)
Dec 18, 2019 32 Exhibit 11 (2)
Dec 18, 2019 32 Exhibit 12 (2)
Dec 18, 2019 32 Exhibit 13 (2)
Dec 18, 2019 32 Exhibit 14 (3)
Dec 18, 2019 32 Exhibit 15 (2)
Dec 18, 2019 32 Exhibit 16 (2)
Dec 18, 2019 32 Exhibit 17 (2)
Dec 18, 2019 32 Exhibit 18 (2)
Dec 18, 2019 32 Exhibit 19 (4)
Dec 5, 2019 29 terminate deadlines and hearings (1)
Docket Text: MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the status hearing set for 12/12/2019 is stricken and reset for 12/19/2019 at 09:00 AM. Mailed notice (ef, )
Nov 20, 2019 28 Main Document (9)
Docket Text: RESPONSE by Upstart Group, LLCin Opposition to MOTION by Plaintiff The Upstart Group, Incorporated for discovery (Limited, Jurisdictional)[26] (Attachments: # (1) Exhibit A)(Klein, Steven)
Nov 20, 2019 28 Exhibit A (56)
Nov 12, 2019 27 order on motion for discovery (1)
Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Attorney Klein for defendant appeared telephonically. Pursuant to the discussion held in open court, Plaintiff's motion for limited jurisdictional discovery [26] is taken under advisement for ruling. Status hearing set for 12/12/19 at 9:00 a.m. Mailed notice (mjc, )
Nov 11, 2019 26 Main Document (11)
Docket Text: MOTION by Plaintiff The Upstart Group, Incorporated for discovery (Limited, Jurisdictional) (Attachments: # (1) Exhibit 1)(Smeltzer, Robert)
Nov 11, 2019 26 Exhibit 1 (29)
Nov 5, 2019 25 Rule 26(f) Report re MIDP (8)
Docket Text: Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) , Joint Status and Initial Status Hearing, filed by Plaintiff The Upstart Group, Incorporated. (Smeltzer, Robert)
Oct 10, 2019 24 order on motion to dismiss/lack of jurisdiction (1)
Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. Pursuant to the discussion held in open court, Defendant's motion to dismiss [19] is continued to the next status hearing. Status hearing set for 11/12/2019 [16] remains firm. Mailed notice (ef, )
Oct 9, 2019 23 order on motion to appear pro hac vice (1)
Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Motion by counsel for leave to appear pro hac vice [18] is granted. Mailed notice (ef, )
Oct 4, 2019 17 attorney appearance (1)
Docket Text: ATTORNEY Appearance for Defendant Upstart Group, LLC by Mark E. Wiemelt (Wiemelt, Mark)
Oct 4, 2019 18 motion to appear pro hac vice (3)
Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16309234. (Wiemelt, Mark)
Oct 4, 2019 19 Main Document (15)
Docket Text: MOTION by Defendant Upstart Group, LLC to dismiss for lack of jurisdiction or transfer (Attachments: # (1) Exhibit 1- TUG Website, # (2) Exhibit 2 - Letter to the Upstart Group, # (3) Exhibit 3 - 7-17-18 Smeltzer email, # (4) Exhibit 4 - June 2019 Morrison emails, # (5) Exhibit 5 - 7-31-19 Morrison email, # (6) Exhibit 6 - 8-5-19 Smeltzer email, # (7) Exhibit 7 - 8-7-19 Morrison email, # (8) Exhibit 8 - 8-13-19 Smeltzer email, # (9) Exhibit 9 - Complaint with Exhibits)(Wiemelt, Mark)
Oct 4, 2019 19 Exhibit 1- TUG Website (8)
Oct 4, 2019 19 Exhibit 2 - Letter to the Upstart Group (9)
Oct 4, 2019 19 Exhibit 3 - 7-17-18 Smeltzer email (2)
Oct 4, 2019 19 Exhibit 4 - June 2019 Morrison emails (3)
Oct 4, 2019 19 Exhibit 5 - 7-31-19 Morrison email (2)
Oct 4, 2019 19 Exhibit 6 - 8-5-19 Smeltzer email (2)
Oct 4, 2019 19 Exhibit 7 - 8-7-19 Morrison email (2)
Oct 4, 2019 19 Exhibit 8 - 8-13-19 Smeltzer email (3)
Oct 4, 2019 19 Exhibit 9 - Complaint with Exhibits (50)
Oct 4, 2019 20 notice of motion (2)
Docket Text: NOTICE of Motion by Mark E. Wiemelt for presentment of motion to dismiss/lack of jurisdiction, [19] before Honorable Andrea R. Wood on 10/10/2019 at 09:00 AM. (Wiemelt, Mark)
Oct 4, 2019 21 declaration (3)
Docket Text: DECLARATION of Steven E. Klein regarding motion to dismiss/lack of jurisdiction, [19] (Wiemelt, Mark)
Oct 4, 2019 22 declaration (3)
Docket Text: DECLARATION of Sue Sanford regarding motion to dismiss/lack of jurisdiction, [19] (Wiemelt, Mark)
Oct 3, 2019 15 notice of motion (2)
Docket Text:Agreed NOTICE of Motion by Robert Hill Smeltzer for presentment of extension of time[14] before Honorable Andrea R. Wood on 10/8/2019 at 09:00 AM. (Smeltzer, Robert)
Oct 3, 2019 16 order on motion for extension of time (1)
Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Agreed Ex parte Motion [14] is granted. The motion presentment date of 10/8/2019 is stricken; parties need not appear. Initial status hearing set for 10/10/2019 is stricken and reset for 11/12/2019 at 9:00 AM. At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. Mailed notice (ef, )
Oct 2, 2019 14 extension of time (3)
Docket Text: MOTION by Plaintiff The Upstart Group, Incorporated for extension of time , Joint Status and Initial Status Hearing (Smeltzer, Robert)
Sep 17, 2019 13 order on motion for exparte (1)
Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Joint Ex parte Motion [11] is granted. The motion presentment date of 9/18/2019 is stricken; parties need not appear. Mailed notice (ef, )
Sep 13, 2019 12 notice of motion (2)
Docket Text: NOTICE of Motion by Robert Joseph Ambrose for presentment of before Honorable Andrea R. Wood on 9/18/2019 at 09:00 AM. (Ambrose, Robert)
Sep 3, 2019 10 summons returned executed (1)
Docket Text: SUMMONS Returned Executed by The Upstart Group, Incorporated as to Upstart Group, LLC on 8/29/2019, answer due 9/19/2019. (Ambrose, Robert)
Aug 23, 2019 N/A alias summons issued (0)
Docket Text: ALIAS Summons Issued as to Defendant Upstart Group, LLC. (mc, )
Aug 21, 2019 N/A summons issued (0)
Docket Text: SUMMONS Issued as to Defendant Upstart Group, LLC. (lw, )
Aug 15, 2019 8 Notice re Mandatory Initial Discovery Pilot(MIDP) (1)
Docket Text: NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (smm, )
Aug 15, 2019 9 lanham notification (10)
Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (smm, )
Aug 12, 2019 N/A case assigned (0)
Docket Text: CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (kb, )
Aug 12, 2019 6 set deadlines/hearings (1)
Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Initial status hearing set for 10/10/2019 at 9:00 AM. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (ef, )
Aug 12, 2019 7 Main Document (1)
Docket Text: MAILED trademark report to Patent Trademark Office, Alexandria VA (Attachments: # (1) Trademark Information). (smm, )
Aug 12, 2019 7 Trademark Information (3)
Aug 9, 2019 1 Main Document (6)
Docket Text: COMPLAINT for Declaratory Judgment of Non-Infringement of Trademark Rights filed by The Upstart Group, Incorporated; Jury Demand. Filing fee $ 400, receipt number 0752-16125316. (Attachments: # (1) Exhibit 1)(Ambrose, Robert)
Aug 9, 2019 1 Exhibit 1 (3)
Aug 9, 2019 2 attorney appearance (1)
Docket Text: ATTORNEY Appearance for Plaintiff The Upstart Group, Incorporated by Robert Joseph Ambrose (Ambrose, Robert)
Aug 9, 2019 3 civil cover sheet (2)
Docket Text: CIVIL Cover Sheet (Ambrose, Robert)
Aug 9, 2019 4 attorney appearance (1)
Docket Text: ATTORNEY Appearance for Plaintiff The Upstart Group, Incorporated by Robert Hill Smeltzer (Smeltzer, Robert)
Aug 9, 2019 5 other (2)
Docket Text: Notice of Trademark Claims by The Upstart Group, Incorporated (Ambrose, Robert)
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