Dunn et al v. Phoenix West ii, LLC et al
Court Docket Sheet

Southern District of Alabama

1:2015-cv-00258 (alsd)

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Description
1
05/18/2015
COMPLAINT against All Defendants (Filing fee $400 receipt number 1128-1741845, Online Credit Card Payment), filed by Patrick Dunn, Amanda Northrup.
1
Disclosure Statement
2
Summons Phoenix West II Owners Association
3
Summons Brett/Robinson
4
https://ecf.alsd.uscourts.gov/doc1/02112176235" onClick="goDLS{{'/doc1/02112176235','57680','10','','2','1','',''}};">4</a> Summons Phoenix West II) (Additional attachment(s) added on 5/21/2015: #
5
https://ecf.alsd.uscourts.gov/doc1/02112177730" onClick="goDLS{{'/doc1/02112177730','57680','10','','2','1','',''}};">5</a> Civil Cover Sheet)
5 Attachments
2
05/21/2015
Summons Issued as to Phoenix West II Owners Association, Inc. Note to Counsel: The Summons have been issued. Please print copies necessary for service.
3
05/21/2015
Summons Issued as to Brett/Robinson Gulf Corporation. Note to Counsel: The Summons have been issued. Please print copies necessary for service.
4
05/21/2015
Summons Issued as to Phoenix West II, LLC. Note to Counsel: The Summons have been issued. Please print copies necessary for service.
5
05/22/2015
Notice of Assignment to Magistrate Judge for trial.
1
https://ecf.alsd.uscourts.gov/doc1/02112178211" onClick="goDLS{{'/doc1/02112178211','57680','21','','2','1','',''}};">1</a> request for reassignment)
1 Attachment
6
06/01/2015
SUMMONS Returned Executed by Patrick Dunn, Amanda Northrup. Phoenix West II Owners Association, Inc. served on 5/28/2015, answer due 6/18/2015
7
06/04/2015
SUMMONS Returned Executed by Patrick Dunn, Amanda Northrup. Brett/Robinson Gulf Corporation served on 6/3/2015, answer due 6/24/2015
8
06/10/2015
SUMMONS Returned Executed by Patrick Dunn, Amanda Northrup. Phoenix West II, LLC served on 6/8/2015, answer due 6/29/2015
9
06/10/2015
Joint MOTION for Extension of Time to File Response/Reply to Plaintiffs' Complaint by Brett/Robinson Gulf Corporation.
10
06/10/2015
ENDORSED ORDER granting 9 Joint Motion for Extension of Time to File Response to Complaint.Deadline extended to 7/9/2015. Signed by Magistrate Judge Katherine P. Nelson on 6/10/2015.
11
07/09/2015
MOTION to Dismiss by Brett/Robinson Gulf Corporation.
12
07/09/2015
MOTION to Dismiss by Phoenix West II, LLC.
1
Exhibit Exhibit 1
1 Attachment
13
07/09/2015
Corporate Disclosure Statement filed by Defendant Brett/Robinson Gulf Corporation.
14
07/09/2015
Corporate Disclosure Statement filed by Defendants Phoenix West II, LLC, Tillis M. Brett, Thomas E. Brett, William T. Robinson identifying Corporate Parent Thomas E. Brett, Corporate Parent William T. Robinson, Other Affiliate Tillis M. Brett for Phoenix West II, LLC.
15
07/09/2015
Consent MOTION for Extension of Time to File Responsive Pleading by Phoenix West II Owners Association, Inc.
16
07/10/2015
ORDER on 14, 13 Disclosure Statements filed by Phoenix West II, LLC, filed by Brett/Robinson Gulf Corporation. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge Katherine P. Nelson on 7/10/2015.
17
07/10/2015
Order (docket text only) Setting Motion Deadline re: 11 MOTION to Dismiss filed by Brett/Robinson Gulf Corporation, 12 MOTION to Dismiss filed by Phoenix West II, LLC. Responses due by Thursday, 7/23/2015. Replies due by Thursday, 7/30/2015. Motions to be taken under submission on Friday, 7/31/2015. Once the motions are taken under submission, no further submissions related to the issues raised may be filed unless the proponent obtains leave of court for good cause shown. These motions are being submitted without oral argument. See Fed. R. Civ. P. 78(b); SD ALA LR 7.3. Should the Court determine that oral argument is necessary, a hearing date will be scheduled later. Signed by Magistrate Judge Katherine P. Nelson on 7/10/2015.
18
07/10/2015
ENDORSED ORDER granting 15 Consent MOTION for Extension of Time to File Responsive Pleading. Subject to Fed. R. Civ. P. 12(a)(4), responsive pleading of Defendant Phoenix West II Owners Association, Inc. shall be filed and served no later than Thursday, July 23, 2015. Additionally, Phoenix West II Owners Association, Inc. shall file a disclosure statement in accordance with Fed. R. Civ. P. 7.1 and SD ALA Local Rule 3.4 no later than Thursday, July 23, 2015. Signed by Magistrate Judge Katherine P. Nelson on 7/10/2015.
19
07/10/2015
NOTICE of Appearance by Tracy Gwyn BirdSong on behalf of Patrick Dunn, Amanda Northrup
20
07/14/2015
Notice of Assignment to Magistrate Judge for trial. Consent Form due by 7/31/2015.
1
https://ecf.alsd.uscourts.gov/doc1/02112201791" onClick="goDLS{{'/doc1/02112201791','57680','63','','2','1','',''}};">1</a> consent)
1 Attachment
21
07/23/2015
MOTION to Dismiss Defendant Phoenix West II Owners Association, Inc.'s Motion to Dismiss by Phoenix West II Owners Association, Inc.
22
07/23/2015
Memorandum in Support re 21 MOTION to Dismiss Defendant Phoenix West II Owners Association, Inc.'s Motion to Dismiss Defendant Phoenix West II Owners Association, Inc.'s Memorandum of Law in Support of its Motion to Dismiss filed by Phoenix West II Owners Association, Inc.
1
Exhibit 1 - Declaration of Condominium of Phoenix West II
1 Attachment
23
07/23/2015
RESPONSE in Opposition re 11 MOTION to Dismiss filed by Patrick Dunn, Amanda Northrup.
24
07/23/2015
RESPONSE in Opposition re 12 MOTION to Dismiss filed by Patrick Dunn, Amanda Northrup.
25
07/24/2015
Order (docket text only) Setting Motion Deadline re: 22 Memorandum in Support, filed by Phoenix West II Owners Association, Inc., 21 MOTION to Dismiss Defendant Phoenix West II Owners Association, Inc.'s Motion to Dismiss filed by Phoenix West II Owners Association, Inc. Responses due by Thursday, 8/6/2015. Replies due by Thursday, 8/13/2015. Motion to be taken under submission on Friday, 8/14/2015. Once the motion is taken under submission, no further submissions related to the issues raised may be filed unless the proponent obtains leave of court for good cause shown. This motion is being submitted without oral argument. See Fed. R. Civ. P. 78(b); SD ALA LR 7.3. Should the Court determine that oral argument is necessary, a hearing date will be scheduled later. Signed by Magistrate Judge Katherine P. Nelson on 7/24/2015.
26
07/27/2015
ORDER TO SHOW CAUSE: By 7/31/15, defendant is to file a disclosure statement and a response to this order Showing Cause for its failure to comply with this court's previous order (doc. 18). Signed by Magistrate Judge Katherine P. Nelson on 7/27/2015.
27
07/27/2015
Corporate Disclosure Statement filed by Defendant Phoenix West II Owners Association, Inc.
28
07/27/2015
RESPONSE TO ORDER TO SHOW CAUSE re: 26 Order to Show Cause, filed by Phoenix West II Owners Association, Inc.
29
07/28/2015
ORDER on 27 Corporate Disclosure Statement filed by Phoenix West II Owners Association, Inc. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge Katherine P. Nelson on 7/28/2015.
30
07/28/2015
Document endorsed NOTED by Magistrate Judge Katherine P. Nelson: Response to Order to Show Cause 28 filed by Phoenix West II Owners Association, Inc.
31
07/29/2015
REPLY to Response to Motion 11 to Dismiss filed by Brett/Robinson Gulf Corporation.
32
07/29/2015
REPLY to Response to Motion 12 to Dismiss filed by Phoenix West II, LLC.
33
07/30/2015
AMENDED COMPLAINT against All Defendants, filed by Patrick Dunn, Amanda Northrup.
34
07/31/2015
ORDER finding as moot 11, 12, 21 Motions to Dismiss; plaintiffs have filed an amended complaint. Signed by Magistrate Judge Katherine P. Nelson on 7/31/2015.
35
07/31/2015
This action has been transferred from the docket of Magistrate Judge Katherine P. Nelson and is now assigned to the docket of Judge Kristi K. DuBose. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix KD-N after the case number on all future pleadings.
36
08/04/2015
VACATED PER DOC. 37 PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 9/18/2015. Signed by Magistrate Judge Katherine P. Nelson on 8/4/2015. (cmj) Modified on 8/4/2015
37
08/04/2015
Order vacating the preliminary scheduling order at doc. 36. See all deadlines as set out in order. Interrogatories due 9/3/15; Report regarding settlement is due 1/11/16. All discovery is stayed except as provided in this order. (Miscellaneous deadline set for 1/11/2016.). Signed by Magistrate Judge Katherine P. Nelson on 8/4/2015.
38
08/06/2015
MOTION to Dismiss First Amended Complaint by Brett/Robinson Gulf Corporation.
39
08/06/2015
Memorandum in Support re 38 MOTION to Dismiss First Amended Complaint filed by Brett/Robinson Gulf Corporation.
40
08/06/2015
MOTION to Dismiss First Amended Complaint by Phoenix West II, LLC.
41
08/06/2015
Memorandum in Support re 40 MOTION to Dismiss First Amended Complaint filed by Phoenix West II, LLC.
08/06/2015
MOTIONS REFERRED: 40 MOTION to Dismiss First Amended Complaint, 38 MOTION to Dismiss First Amended Complaint Referred to Judge Katherine P. Nelson. (Text entry; no document attached.)
08/06/2015
REFERRAL OF 39 Memorandum in Support, 41 Memorandum in Support to Judge Nelson. (Text entry; no document attached.)
42
08/07/2015
Order (docket text only) Setting Motion Deadline re: 40 MOTION to Dismiss First Amended Complaint filed by Phoenix West II, LLC, 39 Memorandum in Support filed by Brett/Robinson Gulf Corporation, 38 MOTION to Dismiss First Amended Complaint filed by Brett/Robinson Gulf Corporation, 41 Memorandum in Support filed by Phoenix West II, LLC. Responses must be filed and served by Thursday 8/20/2015. Replies must be filed and served by Thursday 8/27/2015. Motions to be taken under submission on Friday 8/28/2015. Once the motions are taken under submission, no further submissions related to the issues raised may be filed unless the proponent obtains leave of court for good cause shown. These motions are being submitted without oral argument. See Fed. R. Civ. P. 78(b); S.D. Ala. CivLR 7(h). Should the Court determine that oral argument is necessary, a hearing date will be scheduled later. Signed by Magistrate Judge Katherine P. Nelson on 8/7/2015.
43
08/13/2015
MOTION to Dismiss First Amended Complaint by Phoenix West II Owners Association, Inc.
44
08/13/2015
Memorandum in Support re 43 MOTION to Dismiss First Amended Complaint filed by Phoenix West II Owners Association, Inc.
1
Exhibit 1 - Declaration of Condo Phoenix West II
2
Exhibit 2 - Building Permits
2 Attachments
08/14/2015
MOTIONS REFERRED: 43 MOTION to Dismiss First Amended Complaint Referred to Judge Katherine P. Nelson. (Text entry; no document attached.)
08/14/2015
REFERRAL OF 44 Memorandum in Support, to Judge Nelson. (Text entry; no document attached.)
45
08/14/2015
Order (docket text only) Setting Motion Deadline re: 44 Memorandum in Support, filed by Phoenix West II Owners Association, Inc., 43 MOTION to Dismiss First Amended Complaint filed by Phoenix West II Owners Association, Inc. Responses must be filed and served by Thursday 8/27/2015. Replies must be filed and served by Thursday 9/3/2015. Motion to be taken under submission on 9/4/2015. Once the motion is taken under submission, no further submissions related to the issues raised may be filed unless the proponent obtains leave of court for good cause shown. This motion is being submitted without oral argument. See Fed. R. Civ. P. 78(b); S.D. Ala. CivLR 7(h). Should the Court determine that oral argument is necessary, a hearing date will be scheduled later. Signed by Magistrate Judge Katherine P. Nelson on 8/14/2015.
46
08/17/2015
Notice of Adoption by Brett/Robinson Gulf Corporation, Phoenix West II, LLC re: 44 Memorandum in Support
08/17/2015
REFERRAL OF 46 Notice of Adoption to Judge Nelson. (Text entry; no document attached.)
47
08/20/2015
RESPONSE in Opposition re 38 MOTION to Dismiss First Amended Complaint filed by Patrick Dunn, Amanda Northrup.
48
08/20/2015
RESPONSE in Opposition re 40 MOTION to Dismiss First Amended Complaint filed by Patrick Dunn, Amanda Northrup.
08/21/2015
REFERRAL OF 47 Response in Opposition to Motion, 48 Response in Opposition to Motion to Judge Nelson. (Text entry; no document attached.)
49
08/25/2015
REPLY to 40 MOTION to Dismiss First Amended Complaint Defendant Phoenix West II, LLC's Reply In Support Of Motion To Dismiss First Amended Complaint filed by Phoenix West II, LLC.
50
08/25/2015
REPLY to 38 MOTION to Dismiss First Amended Complaint Defendant Brett/Robinson Gulf Corporation's Reply In Support Of Motion To Dismiss First Amended Complaint filed by Brett/Robinson Gulf Corporation.
08/25/2015
REFERRAL OF 49 Reply, 50 Reply to Judge Nelson. (Text entry; no document attached.)
51
08/27/2015
MOTION for Protective Order by Brett/Robinson Gulf Corporation.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4
4 Attachments
08/27/2015
MOTIONS REFERRED: 51 MOTION for Protective Order Referred to Judge Katherine P. Nelson. (Text entry; no document attached.)
52
08/27/2015
RESPONSE in Opposition re 43 MOTION to Dismiss First Amended Complaint filed by Patrick Dunn, Amanda Northrup.
1
Exhibit A
1 Attachment
08/28/2015
REFERRAL OF 52 Response in Opposition to Motion to Judge Nelson. (Text entry; no document attached.)
53
08/28/2015
ORDER granting Defendants' 51 Motion for Protective Order which seeks entry of an order protecting them from responding to and complying with the Plaintiffs' Rule 34 request. Plaintiffs are forbidden from further enforcing the Rule 34 request, as set out further in order. Signed by Magistrate Judge Katherine P. Nelson on 8/27/2015.
54
09/03/2015
REPLY to Response to Motion 43 to Dismiss filed by Phoenix West II Owners Association, Inc.
55
09/03/2015
NOTICE by Patrick Dunn re 37 Order, Set Deadlines, of Filing Answers to Court's Interrogatories
56
09/03/2015
NOTICE of Voluntary Dismissal by Amanda Northrup
09/04/2015
REFERRAL OF 54 Reply to Response to Motion, 55 Notice (Other) to Judge Nelson. (Text entry; no document attached.)
09/04/2015
Clerk's dismissal of plaintiff Amanda Northrup per doc. 56 (Notice of Voluntary Dismissal). No order will be entered. See Matthews v. Gaither, 902 F.2d 877, 880 (11th Cir. 1990) (Text entry; no document attached.)
57
09/11/2015
MOTION For Alteration of Preliminary Scheduling Order Provision Relating to Inspection re 37 Order, Set Deadlines, by Phoenix West II Owners Association, Inc.
58
09/14/2015
Joinder in MOTION re 57 MOTION For Alteration of Preliminary Scheduling Order Provision Relating to Inspection re 37 Order, Set Deadlines.
09/14/2015
MOTIONS REFERRED: 57 MOTION For Alteration of Preliminary Scheduling Order Provision Relating to Inspection re 37 Order, Set Deadlines, Referred to Judge Katherine P. Nelson. (Text entry; no document attached.)
09/14/2015
REFERRAL OF 58 Joinder in Motion to Judge Nelson. (Text entry; no document attached.)
59
09/18/2015
ENDORSED ORDER granting 57 MOTION For Alteration of Preliminary Scheduling Order Provision Relating to Inspection, as follows: All remaining deadlines in the 37 preliminary scheduling order are STAYED pending disposition of the Defendants' 38 40 43 motions to dismiss the first amended complaint. The Court will set new deadlines after a ruling on the motions is entered, should this action remain pending thereafter. Signed by Magistrate Judge Katherine P. Nelson on 9/18/2015.
60
10/29/2015
Order granting leave to Dunn to file and serve a supplement to his First Amended Complaint (doc. 33) for the sole purpose of amending and/or supplementing his allegations in paragraph 14 as set out. (Miscellaneous deadline set for 11/5/2015.). Signed by Magistrate Judge Katherine P. Nelson on 10/29/2015.
61
11/05/2015
RESPONSE TO ORDER re: 60 Order, Set Deadlines, by Patrick Dunn filed by Patrick Dunn. (Supplement to First Amended Complaint, Paragraph 14)
11/06/2015
REFERRAL OF 61 Response to Order to Judge Nelson. (Text entry; no document attached.)
62
11/09/2015
REPORT AND RECOMMENDATIONS re 40 MOTION to Dismiss First Amended Complaint filed by Phoenix West II, LLC, that the motion be granted as to Dunn's claims in Counts 2 & 4 and otherwise denied; 38 MOTION to Dismiss First Amended Complaint filed by Brett/Robinson Gulf Corporation that Brett/Robinson's motion be granted as to Dunn's claims in Counts 1, 2, 3 & 4and otherwise denied; 43 MOTION to Dismiss First Amended Complaint filed by Phoenix West II Owners Association, Inc. that Association's motion be granted as to Dunn's claims in Count 2 and otherwise denied. Objections to R&R due by 11/23/2015. Signed by Magistrate Judge Katherine P. Nelson on 11/9/2015.
63
11/23/2015
Objection re: 62 REPORT AND RECOMMENDATIONS re 40 MOTION to Dismiss First Amended Complaint filed by Phoenix West II, LLC, 38 MOTION to Dismiss First Amended Complaint filed by Brett/Robinson Gulf Corporation, 43 MOTION to Dismiss Fi.
64
11/23/2015
Objection re: 62 REPORT AND RECOMMENDATIONS re 40 MOTION to Dismiss First Amended Complaint filed by Phoenix West II, LLC, 38 MOTION to Dismiss First Amended Complaint filed by Brett/Robinson Gulf Corporation, 43 MOTION to Dismiss Fi.
11/23/2015
REFERRAL OF 64 Objection to Report and Recommendation, 63 Objection to Report and Recommendation to Judge Kristi K. DuBose. (Text entry; no document attached.)
65
11/23/2015
Objection re: 62 REPORT AND RECOMMENDATIONS re 40 MOTION to Dismiss First Amended Complaint filed by Phoenix West II, LLC, 38 MOTION to Dismiss First Amended Complaint filed by Brett/Robinson Gulf Corporation, 43 MOTION to Dismiss Fi, 44 Memorandum in Support, 22 Memorandum in Support, 21 MOTION to Dismiss Defendant Phoenix West II Owners Association, Inc.'s Motion to Dismiss, 43 MOTION to Dismiss First Amended Complaint -- Defendant Phoenix West II Owners Association, Inc.s Partial Objection to Magistrate Judges Report and Recommendation and Alternatively, Motion for Judgment on the Pleadings as to Counts Four and Five filed by Phoenix West II Owners Association, Inc.
66
11/23/2015
Objection re: 62 REPORT AND RECOMMENDATIONS re 40 MOTION to Dismiss First Amended Complaint filed by Phoenix West II, LLC, 38 MOTION to Dismiss First Amended Complaint filed by Brett/Robinson Gulf Corporation, 43 MOTION to Dismiss Fi filed by Patrick Dunn.
11/24/2015
REFERRAL OF 65 Objection to Report and Recommendation 66 Objection to Report and Recommendation to Judge Kristi K. DuBose. (Text entry; no document attached.)
67
11/25/2015
RESPONSE to 66 Objection, filed by Brett/Robinson Gulf Corporation, Phoenix West II, LLC.
11/25/2015
REFERRAL OF 67 Response to Judge Kristi K. DuBose. (Text entry; no document attached.)
68
11/30/2015
Objection re: 62 REPORT AND RECOMMENDATIONS re 40 MOTION to Dismiss First Amended Complaint filed by Phoenix West II, LLC, 38 MOTION to Dismiss First Amended Complaint filed by Brett/Robinson Gulf Corporation, 43 MOTION to Dismiss Fi, 66 Objection, - Defendant Phoenix West II Owners Association, Inc.'s Response to Plaintiff's Objection to Report and Recommendation, filed by Phoenix West II Owners Association, Inc.
12/01/2015
REFERRAL OF 68 Objection, to Judge DuBose. (Text entry; no document attached.)
69
12/22/2015
ORDER Setting Hearing on Motions 38 MOTION to Dismiss First Amended Complaint, 40 MOTION to Dismiss First Amended Complaint, 43 MOTION to Dismiss First Amended Complaint, 62 REPORT AND RECOMMENDATIONS re Motions to Dismiss. Motion Hearing set for 1/12/2016 02:00 PM in US Courthouse, Courtroom 5A, 113 St. Joseph Street, Mobile, AL 36602 before Judge Kristi K. DuBose. Signed by Judge Kristi K. DuBose on 12/22/2015.
70
01/04/2016
Unopposed MOTION to Continue by Patrick Dunn.
01/05/2016
MOTIONS REFERRED: 70 Unopposed MOTION to Continue to Judge DuBose (Text entry; no document attached.)
71
01/05/2016
Order granting 70 Unopposed MOTION to Continue filed by Patrick Dunn and RESETTING hearing re: 38 MOTION to Dismiss; 40 MOTION to Dismiss; 43 MOTION to Dismiss and 62 REPORT AND RECOMMENDATIONS. Motion Hearing RESET for 1/26/2016 02:00 PM in US Courthouse, Courtroom 5A, 113 St. Joseph Street, Mobile, AL 36602 before Judge Kristi K. DuBose. Signed by Judge Kristi K. DuBose on 1/5/2016.
72
01/25/2016
NOTICE of Appearance by Brennan C. Ohme on behalf of Brett/Robinson Gulf Corporation
01/26/2016
Minute Entry for proceedings held before Judge Kristi K. DuBose: Motion Hearing held on 1/26/2016. Court Reporter Melanie Wilkins. (Text entry; no document attached.)
73
02/24/2016
ORDER ADOPTING IN PART 62 REPORT AND RECOMMENDATIONS re 40 MOTION to Dismiss First Amended Complaint filed by Phoenix West II, LLC; 38 MOTION to Dismiss First Amended Complaint filed by Brett/Robinson Gulf Corporation; 43 MOTION to Dismiss First Amended Complaint filed by Phoenix West II Owners Association, Inc. as set out. Signed by Judge Kristi K. DuBose on 2/23/2016.
74
02/24/2016
JUDGMENT entered that Plaintiff Patrick Dunn's complaint against Defendants Phoenix West II, LLC, Phoenix West II Onwers Association, Inc., and Brett/Robinson Gulf Corp. is dismissed without prejudice. Signed by Judge Kristi K. DuBose on 2/23/2016.
75
03/18/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 01-26-2016 before Judge Kristi K. DuBose. Court Reporter Melanie Wilkins, CRR, RMR, Telephone number 251-690-3371. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have twenty-one (21) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. Notice of Transcript Redaction to be filed by 4/8/2016. Redaction Request due 4/8/2016. Redacted Transcript Deadline set for 4/18/2016. Release of Transcript Restriction set for 6/16/2016.
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