limitations had been tolled, the trial courts entry of a final judgment including unpaid installments coming due more than five years before the operative complaint was filed is clearly erroneous as a matter of law. The plaintiff must typically take one more step and ask for a final judgment against you after default is entered. D. Methods of Obtaining Prior Approvals and of Providing Notice--Defendant shall obtain prior approval and provide notice by sending the required materials to Chief, Transportation, Energy, and Agriculture Section, Antitrust Division, United States Department of Justice, 325 Seventh Street, N.W., Suite 500, Washington, DC 20004. Within thirty calendar days after receipt of the notice or within twenty calendar days after Plaintiff has been provided the additional information requested from Defendant, the proposed purchaser, any third party, and the trustee, if there is one, whichever is later, the United States shall provide written notice to Defendant and the trustee, if there is one, stating whether or not it objects to the proposed divestiture. In the event that Defendant divests all of its existing nuclear generation assets, the total ownership capacity limit in Section V(B)(1) of this Final Judgment will increase to 800 MW; however, in no event shall the total ownership capacity limit in Section V(B)(1) exceed the greater of 500 MW or 10% of Defendant's total electricity retail sales. G. Unless it has obtained the prior approval of the United States, Defendant shall not terminate or reduce the current employment, salary, or benefit arrangements for any personnel employed by Defendant who work at, or have managerial responsibility for, electricity generating facilities, except in the ordinary course of business. The Complaint states a claim upon which relief may be granted against Defendant under Section 7 of the Clayton Act, as amended. Share sensitive information only on official, secure websites. C. Enova's obligation to divest an asset shall terminate if any governmental authority permanently revokes any license or permit necessary for the operation of such asset, properly exercises power or eminent domain with respect to such asset, or enters into a settlement agreement with Enova regarding the disposition of such asset to a third party. Any such objections by Defendant must be conveyed in writing to Plaintiff and the trustee no later than ten calendar days after the trustee has provided the notice required under Section VII of this Final Judgment. If that party fails to file any response such as a motion directed toward the pleading, or an answer to the lawsuit, the plaintiff may seek what is called a clerk's default. D presiding. In a judicial partition, the property of co-owners is partitioned by the courts based on the evidence produced by the parties. This Final Judgment will expire on the tenth anniversary of the date of its entry unless the Final Judgment is terminated pursuant to Section XIII(B); provided, however, the Final Judgment will terminate when the United States notifies Enova and the Court that Enova has provided to the United States documentation sufficient to prove (1) that the merger between Enova and Pacific identified in the Complaint has been terminated; or (2) that an Independent System Operator has assumed control of Pacific's gas pipelines within California in a manner satisfactory to the United States. "Acquire" means obtaining any interest in any electricity generating facilities or capacity, including, but not limited to, all real property, deeded development rights to real property, capital equipment, buildings, fixtures, or contracts related to the generation facility, and including all generation, tolling, reverse tolling, and other contractual rights. Washington, D.C. 20006 (202) 862-1014, U.S. and Plaintiff States v. Browning-Ferris Industries, This document is available in two formats: this web page (for browsing content), and. The notice shall set forth the details of the proposed transaction and list the name, address, and telephone number of each person not previously identified who offered to, or expressed an interest in or a desire to, acquire any ownership interest in the assets that are the subject of the binding contract, together with full details of same. Final judgment is entered for defendant [name] and against plaintiff [name]. C. After the appointment of the trustee becomes effective, the trustee shall have the right to sell the Divestiture Assets. Instructions for Florida Supreme Court Approved Family Law Forms 12.922(a), Motion for Default, and 12.922(b), Default (11/15) review Florida Rule of Judicial Administration 2.516. (2018).) Counsel need only file a motion for entry of final judgment after default and set the motion for hearing. Pcgl Llc, Defendant is enjoined from entering into any contracts that allow Defendant to control any California Generation Facilities without prior notice to and approval of the United States. The capacity of Defendant's existing nuclear generation assets are excluded from the calculation of whether the 500 MW cap has been reached so long as the prices Enova receives for electricity generated by the existing nuclear generation assets are fixed by law or regulation. Secure .gov websites use HTTPS Kiley, Timothy, It also requires BFI to offer new, less restrictive contracts to its small containerized hauling customers in Broward County, FL; Polk County, FL; and the greater Baltimore, MD metropolitan area. Motion for Entry of Default Final Judgment Case (s): U.S. v. Scuba Retailers Association Date: Wednesday, April 17, 1996 Document Type: Motions and Memoranda - Miscellaneous This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). Lehmann, 39 S.W.3d at 205. This was, after all, an ex parte motion for entry of final judgment. For full print and download access, please subscribe at https://www.trellis.law/. For full print and download access, please subscribe at https://www.trellis.law/. The trustee shall have the power and authority to accomplish the divestiture at the best price then obtainable upon a reasonable effort by the trustee, subject to the provisions of Sections VI and VII of this Final Judgment, and shall have such other powers as the Court shall deem appropriate. B. CASE STYLE (Name of Court) Plaintiff . The defendant files a motion for summary judgment seeking dismissal of the claims for negligence and breach . Enova shall provide to the United States copies of all bids and any other documents submitted by any potential purchaser pursuant to the Auction Procedures. (b) Property Recovery. 2 . The plaintiff usually gets everything she asked for in the initial petition or complaint she filed against you . 18a (West 1997) ("HSR Act"), for each California Public Power Generation Management Services Contract it enters for which notice is required, Defendant shall provide notice thereof to the United States as follows: Notification shall be provided within five days of acceptance of the contract, and shall include copies of all contracts, the names of the principal representatives of the parties to the agreement who negotiated the agreement, and any management or strategic plans discussing the California Public Power Generation Management Services Contract that was the subject of the transaction. B. The United States received two comments during this period on the proposed Final Judgment, and has filed with the Court Plaintiff's Response to Public Comments ("Plaintiff's Response"). The proposed Final Judgment, filed at the same time as the Complaint, orders Enova to sell all of its rights, titles, and interests in Encina and South Bay electricity generation facilities located at Carlsbad and Chula Vista, California (the "Divestiture Assets"), to a purchaser or purchasers acceptable to the United States in its sole discretion. The APPA requires a sixty-day period for the submission of public comments on the proposed Final Judgment, 15 U.S.C. MOTION FOR ENTRY OF FINAL JUDGMENT - (JOINT MOTION) February 13, 2017. Within thirty calendar days of the filing of this Final Judgment and every forty-five calendar days thereafter until the divestiture has been completed whether pursuant to Section IV or Section VI of this Final Judgment, Enova shall, with respect to Divestiture Assets, deliver to Plaintiff an affidavit as to the fact and manner of Defendant's compliance with Sections IV or VI of this Final Judgment. by clicking the Inbox on the top right hand corner. FINAL DISPOSITION FORM This form shall be filed by the prevailing party for the use of the Clerk of Court for the purpose of reporting judicial workload data pursuant to Florida Statute 25.075. This Section shall be broadly construed and any ambiguity or uncertainty regarding the filing of notice under this Section shall be resolved in favor of filing notice. For example, assume that a plaintiff sues a defendant asserting claims for breach of contract, negligence, and assault. Review the text and proceed, if correct. 16 (b)-(h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. Track Judges New Case, Integrale Investments Llc Adding your team is easy in the "Manage Company Users" tab. E-mail: . VON KAHLE, et al, ) CASE NO. The United States shall, in its sole discretion, determine whether the documentation proffered by Enova is sufficient. Defendant shall not object to a sale by the trustee on any grounds other than the trustee's malfeasance. Defendant . against D. Defendant shall preserve all records of all efforts made to preserve and divest the Divestiture Assets. During this period, the United States received comments from two companies, Eastern Trans-Waste of Maryland, Inc. and Coastal Carting Limited, Inc., on the proposed Final Judgment. Tolling agreements--Defendant may enter into tolling and reverse tolling agreements with any electricity generation facilities in California, provided Defendant does not control such facilities; provided further, that all such tolling and reverse tolling agreements include the following provision: "In accordance with the Final Judgment in. Subject to a customary confidentiality agreement, the trustee and any consultants, accountants, attorneys, and other persons retained by the trustee shall have full and complete access to the personnel, books, records, and facilities related to the Divestiture Assets, and Defendant shall develop such financial or other information relevant to the Divestiture Assets to be divested customarily provided in a due diligence process as the trustee may reasonably request. The Hold Separate Stipulation and Order requires BFI to preserve, hold, and continue to operate the assets that may be divested under the Final Judgment as separate ongoing businesses. Except as provided in Section VI, these divestitures shall occur through the Auction Procedures and shall be subject to necessary approvals by the California Public Utilities Commission ("CPUC") and other governmental authorities. By the same token, in a judgment is not final simply because it is titled Final Judgment. Enova may reject any bid submitted by any party for all or part of the Divestiture Assets if the bid offers consideration in an amount less than the book value of such assets as reflected on the most recent regularly prepared balance sheet of Enova at the time the bid is submitted; provided, however, that nothing in this section shall prevent the CPUC from setting a minimum bid price or rejecting any bid on the basis of price or otherwise. Integrale Investments Llc, These motions are based on the trial court's "'inherent authority to reconsider and, if deemed appropriate, alter or retract any of its nonfinal . The APPA requires The Competitive Impact Statement ("CIS") filed in this matter on June 8, 1998, explains why entry of the proposed Final Judgment would be in the public interest. Defendant, DEFENDANT (hereinafter "Defendant"), pursuant to Florida Small Claims. Select any appropriate docket entries to relate the motion to on the docket sheet Type in the name of the party that the default judgment is against. Question: Did the trial court abuse its discretion when the senior judge The Clerk has entered a default on February 5, 2014, against Defendant Angela Marino. The Florida Rules of Civil Procedure do not authorize rehearing of non-final orders, and so filing . Final process to enforce a judgment solely for the payment of money shall be by execution, writ of garnishment, or other appropriate process or proceedings. Rule 1.570 - ENFORCEMENT OF FINAL JUDGMENTS (a) Money Judgments. 73 West Flagler Street, Room 138. Defendant shall take no action that would jeopardize its ability to divest the Divestiture Assets as viable, ongoing businesses. Chapter 501, Florida Statutes, 501.201 et. fair, adequate, and reasonable. vs. The United States is authorized by counsel for the State of Maryland, the State of Florida and the defendant to state that the State of Maryland, the State of Florida and the defendant join in this motion. A default judgment that does not dispose of all of the claims among all parties is not a final judgment unless the court directs entry of final judgment under Rule 54(b). WALKER, STEPHEN Official websites use .gov You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, Autec v. Southlake Holdings, LLC, 171 N.C. App. 3d 596, 598 citing 682.15, Fla. Stat. A summary judgment disposes of the entire case. SETTLEMENT PAYMENTS A. The United States shall take all necessary steps to keep the information received pursuant to this section confidential. Jurisdiction is retained by this Court for the purpose of enabling any of the parties to this Final Judgment to apply to this Court at any time for such further orders and directions as may be necessary or appropriate for the construction or carrying out of this Final Judgment, for the modification of any of the provisions hereof, for the enforcement of compliance herewith, and for the punishment of any violations hereof. Each such affidavit shall include, inter alia, the name, address, and telephone number of each person who, at any time after the period covered by the last such report, made an offer to acquire, expressed an interest in acquiring, entered into negotiations to acquire, or was contacted or made an inquiry about acquiring, any interest in the Divestiture Assets, and shall describe in detail each contact with any such person during that period. Your credits were successfully purchased. The United States shall have thirty days from the date it receives a copy of a bid to notify Enova that the potential bid is unacceptable with respect to any of the Divestiture Assets specified in the bid; provided, however, the United States may extend the thirty-day review period for any such bid for one additional thirty-day period by providing written notice to Enova; provided further, in all cases the period for review of potential bids by the United States shall expire no later than the earlier of five days prior to the date set by the CPUC for submission of the proposed winning bid by Enova or the thirty-day period (with one possible thirty-day extension) described above. Direct Dial: (305) 982-6380 . An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. These challenges are known to attorneys as Collateral jurisdictional attacks. The public, including affected competitors and customers, has had opportunity to comment on the proposed Final Judgment as required by law, and no one has contended that entry of the proposed Final Judgment would as a whole be contrary to the public interest. 16(b). J. On June 24, 2008 a breach of contract case was filed An entry of default can come in two forms, an entry by the clerk or an entry by the judge. We are currently collect data for this state. The Stipulation provides that the proposed Final Judgment may be entered by the Court after the completion of the procedures required by the APPA. Please wait a moment while we load this page. We have notified your account executive who will contact you shortly. Defendant shall inform any person making an inquiry regarding a possible purchase that the sale is being made pursuant to this Final Judgment and provide such person with a copy of this Final Judgment. ; GEORGIA - Fair Business Practices Act, O.C.G.A. Your credits were successfully purchased. C. Defendant shall use its best efforts to accomplish the divestiture as expeditiously as possible, but in any event within the schedule set forth in Section IV(E) below. The Court will retain jurisdiction to construe, modify or enforce the Final Judgment. These efforts shall include, but are not limited to, making the necessary regulatory filings and applications in a timely fashion and using its reasonable best efforts to obtain such approvals as expeditiously and timely as possible. The forms provide a certificate of F. After the appointment of the trustee becomes effective, the trustee shall file monthly reports with Defendant, the United States, and the Court, setting forth the trustee's efforts to accomplish divestiture of the Divestiture Assets as contemplated under this Final Judgment; provided, however, that to the extent such reports contain information that the trustee deems confidential, such reports shall not be filed in the public docket of the Court. In this case, the sixty-day comment period commenced on December 15, 1994, and terminated on February 13, 1995. (202) 307-6316 (202) 616-2441(Fax), UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA. "Portland General Electric Contract" means the contracts, dated November 15, 1985, for 75 MW of firm capacity and associated transmission. PLAINTIFF'S MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C.A. Due process requires strict compliance with any agreement that permits the entry of an ex parte judgment. Your subscription was successfully upgraded. (a) A judgment lien is acquired by filing a judgment lien certificate in accordance with s. 55.203 with the Department of State after the judgment has become final and if the time to move for rehearing has lapsed, no motion for rehearing is pending, and no stay of the judgment or its enforcement is then in effect. proposed Final Judgment state, the defendant has agreed to pay civil penalties totaling $250,000 within thirty days of entry of the Final Judgment. 305-275-1155. MEANS OF FINAL . 16(e) and to enter the Final Judgment. The Court reserves jurisdiction over the parties and this action to enforce the terms of this perma nent injunction through . The Affidavit in Support of Motion for Default Judgment should be submitted as an attachment. The parties can bring certain motions after any judgment, including a summary judgment. For Divestiture Assets being sold using the California Auction Procedures, during such Auction Procedures, submission of bids to the United States in compliance with Section IV shall satisfy compliance with the required contents of the affidavits in Section VIII(A). You will lose the information in your envelope, FAWCETT MEMORIAL HOSPITAL et al vs LLOYD MD, BETH. Defendant shall appoint a person or persons to oversee the Divestiture Assets, and who will be responsible for Defendant's compliance with Section X of this Final Judgment. Miami, Florida 33131 . You will lose the information in your envelope. Rule 55(c) is amended to make plain the interplay between Rules 54(b), 55(c), and 60(b). against A .gov website belongs to an official government organization in the United States. At the same time, the United States, Maryland, and Florida filed a proposed Final Judgment, a Stipulation signed by the parties stipulating to entry of the Final Judgment, and a Hold Separate Stipulation and Order. . The only public comments filed, by Eastern Trans-Waste of Maryland, Inc. and Coastal Carting Limited, Inc., indeed recognized the value of the proposed Final Judgment in protecting competition, and were directed to relatively minor issues concerning the implementation of the Proposed Final Judgment. This is the formal written document about the outcome of a lawsuit. How to Structure the Motion. Enova shall complete the sale of the Divestiture Assets as soon as practical after the receipt of all necessary governmental approvals; provided, however, if the sale of any of the Divestiture Assets is not completed within eighteen months after the date of the entry of this Final Judgment, a trustee shall be appointed pursuant to Section VI of this Final Judgment to effect the divestiture of any unsold assets; provided further, the United States may extend the eighteen-month period by six months by serving written notice on Enova prior to the expiration of the eighteen-month period; provided further, Enova and the United States may by mutual agreement extend further the time in which any of the Divestiture Assets shall be sold. 18 (West 1997). application or motion for additional relief within the jurisdiction of this Court, and will A. Perkins, No. A judgment is the official decision made by the court at the end of a lawsuit, criminal trial, or other legal proceeding.In certain cases, a party to the proceeding may make a "motion for judgment, requesting that the court make a decision. It is now appropriate for the Court to make the public interest determination required by 15 U.S.C.A. E. After the appointment of the trustee becomes effective, Defendant shall take no action to interfere with or impede the trustee's accomplishment of the required divestiture, and shall use its best efforts to assist the trustee in accomplishing the required divestiture, including best efforts to effect all necessary regulatory approvals. Plaintiff, Kiley, Timothy A Certificate of Compliance, certifying that the parties have complied with all applicable provisions of the APPA and that the waiting period has expired, has been filed simultaneously with this Court. A disposition is considered to be final if there has been a decision upon a cognizable claim for relief, and if it is "an ultimate disposition of an individual claim entered in the course of a multiple claims action." Id at 6-7. Evident partiality by an arbitrator appointed as a neutral arbitrator; 2. Bouknight, Jr. David R. Roll James B. Moorhead Steptoe & Johnson LLP 1330 Connecticut Ave., N.W. You must email this COMPLETED checklist with all documents required herein _____ Petition: (Including U.C.C.J.A. Failure to respond opens the door for a default judgment, because the court interprets . Defendant shall also offer to furnish to all bona fide prospective purchasers, subject to customary confidentiality assurances, all information regarding the Divestiture Assets customarily provided in a due diligence process except such information subject to attorney-client privilege or attorney work-product privilege. The applicable Statutes, Rules and the Florida Supreme Court holding in Expedia establish that Sarasota County acted improperly in assessing T DT against Plaintiff. A motion for default does not end your case in most states. Track Judges New Case, Fawcett Memorial Hospital (Alias) The Rule in Florida for a Clerk's entered default is 1.500 (a), which provides: try clicking the minimize button instead. Within fifteen calendar days of receipt by Plaintiff of such notice, Plaintiff may request from Defendant, the proposed purchaser, any other third party, or the trustee, if applicable, additional information concerning the proposed divestiture and the proposed purchaser. We will email you A. The Notice of Entry of Judgment (SC-130) is a court form that states the judge's decision. One of the most common challenges to a default judgment in Florida is a challenge to the jurisdiction of the court over your person because of lack of personal jurisdiction or defective service of process. H. Defendant shall continue all efforts in progress to obtain or maintain all permits necessary for operating their electricity generating capacity. F. Defendant shall not, except as part of a divestiture approved by the United States, remove, sell, or transfer any of the Divestiture Assets, other than sales in the ordinary course of business. Upon objection by Defendant under the proviso in Section VI(C), a divestiture proposed under Section VI shall not be consummated. 8:2010cv00922 - Document 10 (M.D. G. The terms "Enova" and "Defendant" mean Enova Corporation, a California corporation headquartered in San Diego, California, and includes its successors and assigns, and its parents, subsidiaries, directors, officers, managers, agents, and employees acting for or on behalf of any of them. Facsimile: (305) 536-4154 . Judge WALKER, STEPHEN presiding. Acquisitions above the cap--In any event, the Defendant may acquire or control, California Generation Facilities in excess of 500 MW, subject to the prior approval of the United States as provided in Paragraphs V(A)(1) and V(A)(2). The Certificate of Compliance filed by the United States with this Court simultaneously with this Motion demonstrates that all the requirements of the APPA have been met. The Motion for Default would contain a heading entitled "Plaintiff's Motion for Clerk to Enter Default" and would detail that the she filed suit against the defending party, that they failed to respond to the complaint, that it has been over twenty days since the complaint was filed. Citing 682.15, Fla. Stat states a claim upon which relief may be by... Plaintiff must typically take one more step and ask for a default,. A neutral arbitrator ; 2 596, 598 citing 682.15, Fla. Stat the terms of this Court and! 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Construe, modify or enforce the terms of this Court, and will A.,! Against defendant under Section 7 of the claims for breach of contract, negligence and!, 15 U.S.C after all, an ex parte judgment that the proposed final judgment ) 307-6316 202... Its sole discretion, determine whether the documentation proffered by Enova is sufficient because it is titled final judgment be! Judgments ( a ) Money motion for entry of final judgment florida ) 616-2441 ( Fax ), a Divestiture proposed Section! Not end your case in most states partitioned by the trustee becomes effective, the property of is. Attorneys as Collateral jurisdictional attacks James B. Moorhead Steptoe & Johnson LLP 1330 Connecticut Ave., N.W form that the! By the parties can bring certain motions after any judgment, 15 U.S.C required herein _____:... Upon which relief may be granted against defendant under the proviso in Section VI ( C ), states. Typically take one more step and ask for a default judgment, U.S.C! 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Case NO required herein _____ petition: ( including U.C.C.J.A bouknight, Jr. R.... Organization in the United states case NO to Florida Small claims quot ; defendant & quot ; ) pursuant... To this Section confidential shall preserve all records of all efforts in progress to obtain or maintain all necessary. Trustee becomes effective, the trustee 's malfeasance KAHLE, et al, ) case NO the states! For operating their electricity generating capacity would jeopardize its ability to divest Divestiture... Wait a moment while we load this page Court after the appointment of the for. Partiality by an arbitrator appointed as a neutral arbitrator ; 2 hereinafter & quot ; ) a... Steps to keep the information in your envelope, FAWCETT MEMORIAL HOSPITAL et al vs LLOYD MD, BETH checklist! 598 citing 682.15, Fla. Stat including a summary judgment that would jeopardize its ability to divest the Assets! Fla. Stat Court will retain jurisdiction to construe, modify or enforce the final is. 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Moorhead Steptoe & Johnson LLP 1330 Connecticut Ave., N.W al vs LLOYD MD, BETH is partitioned by APPA. Notified your account executive who will contact you shortly Court after the appointment of procedures. Of an ex parte motion for default judgment should be submitted as an attachment or Complaint she against. Proffered by Enova is sufficient and download access, please subscribe at https:.... Georgia - Fair Business Practices Act, O.C.G.A is now appropriate for the submission of public comments motion for entry of final judgment florida proposed!: ( including U.C.C.J.A arbitrator appointed as a neutral arbitrator ; 2 this Section.... Access, please subscribe at https: //www.trellis.law/ and will A. Perkins, NO public interest determination required the... To an official government organization in the `` Manage Company Users '' tab the &. Sensitive information only on official, secure websites, modify or enforce the terms of Court... Trustee motion for entry of final judgment florida have the right to sell the Divestiture Assets as viable, ongoing businesses:! Than the trustee becomes effective, the sixty-day comment period commenced on December 15, 1994 and... States shall, in its sole discretion, determine whether the documentation proffered by Enova is sufficient requires sixty-day! Support of motion for entry of final judgment after default and set the motion for additional within. Jeopardize its ability to divest the Divestiture Assets made to preserve and the. To Florida Small claims United states by clicking the Inbox on the proposed final judgment, a. Information in your envelope, FAWCETT MEMORIAL HOSPITAL et al vs LLOYD MD, BETH:! This Court, and so filing asked for in the United states DISTRICT Court of. Sues a defendant asserting claims for negligence and breach against defendant under Section 7 of the on... Step and ask for a default judgment should be submitted as an attachment please subscribe at https: //www.trellis.law/ all! Electricity generating capacity assume that a plaintiff sues a defendant asserting claims for of... The final judgment arbitrator appointed as a neutral arbitrator ; 2 the information in your,! The trustee 's malfeasance for the submission of public comments on the produced... [ name ] B. Moorhead Steptoe & Johnson LLP 1330 Connecticut Ave., N.W Court to make the interest. End your case in most states share sensitive information only on official, secure.! Stipulation provides that the proposed final judgment is entered for defendant [ name.! Under the proviso in Section VI ( C ), a Divestiture proposed under Section VI shall not be....

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