Civil Docket for Brown et al v. Herbert et al
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Date Filed #Docket Text
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7/13/20111COMPLAINT against Jeffrey R. Buhman, Gary R. Herbert, Mark Shurtleff (Filing fee $ 350, receipt number 4681045689) (Electronic document provided on disc. Original file stamped and signed document permanently retained), filed by Kody Brown, Meri Brown, Christine Brown, Robyn Sullivan, Janelle Brown. (Attachments: # 1 Civil Cover Sheet) Assigned to Judge Clark Waddoups (rks) (Entered: 07/13/2011)
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7/13/20112MOTION for Admission Pro Hac Vice of Jonathan Turley, Registration fee $ 15, receipt number 4681045690, Fee Status: Paid. filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Attachments: # 1 Exhibit A - Application, # 2 Exhibit B - Proposed Order, # 3 Exhibit C - CM/ECF Registration)(rks) (Entered: 07/13/2011)
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7/22/20113ORDER granting 2 Motion for Admission Pro Hac Vice of Jonathan Turley for Christine Brown,Jonathan Turley for Janelle Brown,Jonathan Turley for Kody Brown,Jonathan Turley for Meri Brown,Jonathan Turley for Robyn Sullivan.
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7/29/20114**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kody Brown, Meri Brown, Christine Brown, Robyn Sullivan, Janelle Brown as to Jeffrey R. Buhman served on 7/15/2011, answer due 8/5/2011. (Turley, Jonathan) (Entered: 07/29/2011)
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7/29/20115**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kody Brown, Meri Brown, Christine Brown, Robyn Sullivan, Janelle Brown as to Gary R. Herbert served on 7/18/2011, answer due 8/8/2011. (Turley, Jonathan) (Entered: 07/29/2011)
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7/29/20116**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Kody Brown, Meri Brown, Christine Brown, Robyn Sullivan, Janelle Brown as to Mark Shurtleff served on 7/18/2011, answer due 8/8/2011. (Turley, Jonathan) (Entered: 07/29/2011)
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9/2/20117MOTION to Dismiss for Lack of Standing filed by Defendants Jeffrey R. Buhman, Gary R. Herbert, Mark Shurtleff. (Jensen, Jerrold) (Entered: 09/02/2011)
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9/2/20118MEMORANDUM in Support re 7 MOTION to Dismiss for Lack of Standing filed by Defendants Jeffrey R. Buhman, Gary R. Herbert, Mark Shurtleff. (Attachments:#1 Affidavit Declaration of Jeffrey R. Buhman, Utah County Attorney, # 2 Affidavit Declaration of Mark L. Shurtleff Utah Attorney General)(Jensen, Jerrold) (Entered: 09/02/2011)
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9/22/20119First MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Lack of Standing, 8 Memorandum in Support of Motion, filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 09/22/2011)
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9/27/201110ORDER GRANTING EXTENSION OF TIME-granting 9 Motion for Extension of Time to File Response/Reply re 9 First MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Lack of Standing, 8 Memorandum in Support of Motion,First MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Lack of Standing, 8 Memorandum in Support of Motion. Responses due by 10/17/2011. Signed by Judge Clark Waddoups on 9/26/11. (jmr) (Entered: 09/27/2011)
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9/29/201111NOTICE of Appearance by Thomas D. Roberts on behalf of Gary R. Herbert, Mark Shurtleff (Roberts, Thomas) (Entered: 09/29/2011)
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10/17/201112Plaintiff's MEMORANDUM in Opposition re 7 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 10/17/2011)
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10/17/201113AFFIDAVIT/DECLARATION of Kody Brown in Opposition re 7 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 10/17/2011)
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10/17/201114AFFIDAVIT/DECLARATION of Meri Brown in Opposition re 7 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 10/17/2011)
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10/17/201115AFFIDAVIT/DECLARATION of Janelle Brown in Opposition re 7 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 10/17/2011)
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10/26/201116NOTICE OF HEARING ON MOTION re: 7 MOTION to Dismiss for Lack of Standing : (Notice generated by jwt) Motion Hearing set for 12/16/2011 03:30 PM in Room 102 before Judge Clark Waddoups. (jwt) (Entered: 10/26/2011)
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10/28/201117ORDER re 16 Notice of Hearing on Motion. See order for details. Signed by Judge Clark Waddoups on 10/28/11. (jmr) (Entered: 10/28/2011)
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10/31/201118AMENDED NOTICE OF HEARING ON MOTION re: 7 MOTION to Dismiss for Lack of Standing : (Notice generated by jwt) Motion Hearing set for 12/16/2011 09:00 AM in Room 102 before Judge Clark Waddoups. Note change in time, date remains the same. (jwt) (Entered: 10/31/2011)
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10/31/201119REPLY to Response to Motion re 7 MOTION to Dismiss for Lack of Standing filed by Defendants Jeffrey R. Buhman, Gary R. Herbert, Mark Shurtleff. (Jensen, Jerrold) (Entered: 10/31/2011)
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11/1/201120DOCKET TEXT ORDER re 7 MOTION to Dismiss for Lack of Standing filed by Jeffrey R. Buhman, Mark Shurtleff, Gary R. Herbert. Upon review of the memoranda submitted in support and in opposition to the Defendants' motion to dismiss for lack of standing, the court observes that all parties have relied upon facts to support their arguments for which they have not yet offered supporting evidence. If the parties intend to rely upon disputed facts to support their motion, both sides should be prepared to present evidence to support such facts at the hearing set for December 16, 2011. In particular, Plaintiffs should be prepared to substantiate their standing through evidence of the Defendants' investigations and other allegedly injurious actions. The Defendants should be prepared to offer rebuttal evidence and any additional evidence that would defeat the Plaintiffs' claim of standing. Signed by Judge Clark Waddoups on 11/1/11. (No attached document) (jwt) (Entered: 11/01/2011)
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3/6/201236 MOTION for Admission Pro Hac Vice of Ryan Parker (no registration fee required) filed by Interested Party United States of America. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Exhibit B - ECF Registration, # 3 Text of Proposed Order)(Swent, Jeannette) (Entered: 03/06/2012)
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3/7/201237 MOTION for Admission Pro Hac Vice of Ryan Parker (no registration fee required) filed by Interested Party United States of America. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Exhibit B - ECF Registration, # 3 Text of Proposed Order)(Swent, Jeannette) (Entered: 03/07/2012)
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3/8/201238ORDER granting 36 Motion for Admission Pro Hac Vice of Ryan B. Parker for United States of America.
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3/13/201239NOTICE of Acknowledgment of Constitutional Challenge to an Act of Congress by United States of America (Parker, Ryan) (Entered: 03/13/2012)
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3/14/201240NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Stephanie Schaerrer)
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4/16/201241NOTICE REMINDER of Attorneys' Planning Meeting Report due five days from receipt of this notice. This is a reminder of the notice filed 03/14/16
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5/4/201242Plaintiff's MOTION for Scheduling Order filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 05/04/2012)
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5/4/201243Joint MOTION for Scheduling Order filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 05/04/2012)
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5/4/201244DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Motions referred to Brooke C. Wells. Signed by Judge Clark Waddoups on 5/4/2012. No document attached.(saw) (Entered: 05/04/2012)
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5/10/201245DOCKET TEXT ORDER No attached document. Initial Pretrial Conference is VACATED. Motion deadline is 5/31/12, responsive memo due 6/29/12 and reply due 7/16/12. Counsel are to notify court after resolution of dispositive motions for scheduling. Signed by Magistrate Judge Evelyn J. Furse on 05/10/12. (tab) (Entered: 05/10/2012)
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5/31/201246 MOTION to Dismiss for Mootness filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold) (Entered: 05/31/2012)
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5/31/201247 MEMORANDUM in Support re 46 MOTION to Dismiss for Mootness filed by Defendant Jeffrey R. Buhman. (Attachments: # 1 Affidavit Declaration)(Jensen, Jerrold) (Entered: 05/31/2012)
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5/31/201248 MOTION for Leave to File Excess Pages filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. Motions referred to Brooke C. Wells.(Turley, Jonathan) (Entered: 05/31/2012)
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5/31/201249 MOTION for Summary Judgment filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 05/31/2012)
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5/31/201250 MEMORANDUM in Support re 49 MOTION for Summary Judgment filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 05/31/2012)
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5/31/201251Motions No Longer Referred: 48 MOTION for Leave to File Excess Pages (saw) (Entered: 05/31/2012)
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6/1/201252ORDER granting 48 Motion for Leave to File Excess Pages. Signed by Judge Clark Waddoups on 5/31/12. (jmr) (Entered: 06/01/2012)
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6/8/201253NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Transcript of Hearing on Motion to Dismiss held on December 16, 2011 before Judge Clark Waddoups. Court Reporter/Transcriber Karen Murakami, CSR, RPR, Telephone number 801-328-4800.
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6/29/201255Cross MOTION for Summary Judgment filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold) (Entered: 06/29/2012)
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6/29/201256Oral MEMORANDUM in Support re 55 Cross MOTION for Summary Judgment filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold) (Entered: 06/29/2012)
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6/29/201257 MOTION to Stay re 49 MOTION for Summary Judgment , 50 Memorandum in Support of Motion filed by Defendant Jeffrey R. Buhman. Motions referred to Brooke C. Wells.(Jensen, Jerrold) (Entered: 06/29/2012)
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6/29/201258 MEMORANDUM in Support re 57 MOTION to Stay re 49 MOTION for Summary Judgment , 50 Memorandum in Support of Motion filed by Defendant Jeffrey R. Buhman. (Attachments: # 1 Text of Proposed Order Proposed Order)(Jensen, Jerrold) (Entered: 06/29/2012)
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6/29/201259RESPONSE to Motion re 46 MOTION to Dismiss for Mootness filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 06/29/2012)
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6/29/201260 MOTION to Strike 55 Cross MOTION for Summary Judgment , 57 MOTION to Stay re 49 MOTION for Summary Judgment , 50 Memorandum in Support of Motion , 56 Memorandum in Support of Motion, 58 Memorandum in Support of Motion, filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. Motions referred to Brooke C. Wells.(Turley, Jonathan) (Entered: 06/29/2012)
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6/29/201261 MEMORANDUM in Support re 60 MOTION to Strike 55 Cross MOTION for Summary Judgment , 57 MOTION to Stay re 49 MOTION for Summary Judgment , 50 Memorandum in Support of Motion , 56 Memorandum in Support of Motion, 58 Memorandum in Sup filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 06/29/2012)
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7/2/201262Motions No Longer Referred: 60 MOTION to Strike 55 Cross MOTION for Summary Judgment , 57 MOTION to Stay re 49 MOTION for Summary Judgment , 50 Memorandum in Support of Motion , 56 Memorandum in Support of Motion, 58 Memorandum in Sup, 57 MOTION to Stay re 49 MOTION for Summary Judgment , 50 Memorandum in Support of Motion (mjw) (Entered: 07/02/2012)
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7/2/201263 MEMORANDUM in Opposition re 57 MOTION to Stay re 49 MOTION for Summary Judgment , 50 Memorandum in Support of Motion filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 07/02/2012)
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7/2/201264ORDER re 49 MOTION for Summary Judgment filed by Christine Brown, Meri Brown, Janelle Brown, Kody Brown, Robyn Sullivan, 55 Cross MOTION for Summary Judgment filed by Jeffrey R. Buhman. Further pleadings in response to, or opposition to these Motions will not be required pending this Courts determination of whether or not it has jurisdiction. See order for details. Signed by Judge Clark Waddoups on 7/2/12. (jmr) (Entered: 07/02/2012)
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7/3/201265NOTICE OF HEARING ON MOTION re: 46 MOTION to Dismiss for Mootness : (Notice generated by jwt) Motion Hearing set for 7/25/2012 11:00 AM in Room 102 before Judge Clark Waddoups. (jwt) (Entered: 07/03/2012)
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7/13/201266REPLY to Response to Motion re 46 MOTION to Dismiss for Mootness filed by Defendant Jeffrey R. Buhman. (Jensen, Jerrold) (Entered: 07/13/2012)
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7/23/201267AFFIDAVIT/DECLARATION of Kody Brown in Opposition re 46 MOTION to Dismiss for Mootness filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 07/23/2012)
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7/25/201268Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 7/25/2012 re 46 MOTION to Dismiss for Mootness filed by Jeffrey R. Buhman. The court hears argument and takes the matter under submission. Attorney for Plaintiff: Jonathan Turley, Adam Alba, Attorney for Defendant: Jerrold Jensen, Thomas Roberts. Court Reporter: Laura Robinson. (jwt) (Entered: 07/25/2012)
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8/17/201269MEMORANDUM DECISION and Order-denying 46 Motion to Dismiss-For the reasons stated in the Order, the court hereby DENIES Defendant Buhmans motion to dismiss on the grounds of mootness. (Dkt. No. 46). On July 2, 2012, the court issued a stay on further proceedings on Plaintiffs motion for summary judgment and Defendants cross-motion for summary judgment. (Dkt. No. 64). The stay is now LIFTED. Plaintiffs may, in their discretion, file a reply memorandum to Defendants memorandum opposing Plaintiffs motion for summary judgment on or before August 31, 2012. Plaintiffs should also file a memorandum opposing Defendants cross-motion for summary judgment on or before September 14, 2012. Defendant may then, at his discretion, file a reply memorandum on or before September 28, 2012. Signed by Judge Clark Waddoups on 8/17/12. (jmr) (Entered: 08/17/2012)
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8/20/201270NOTICE OF HEARING ON MOTION re: 55 Cross MOTION for Summary Judgment , 49 MOTION for Summary Judgment : (Notice generated by jwt) Motion Hearing set for 1/17/2013 03:30 PM in Room 102 before Judge Clark Waddoups. (jwt) (Entered: 08/20/2012)
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8/31/201271 MEMORANDUM in Support re 49 MOTION for Summary Judgment filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 08/31/2012)
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9/14/201272 MEMORANDUM in Opposition re 55 Cross MOTION for Summary Judgment filed by Plaintiffs Christine Brown, Janelle Brown, Kody Brown, Meri Brown, Robyn Sullivan. (Turley, Jonathan) (Entered: 09/14/2012)
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9/28/201273REPLY to Response to Motion re 55 Cross MOTION for Summary Judgment filed by Defendant Jeffrey R. Buhman. (Attachments: # 1 Exhibit Exhibit)(Jensen, Jerrold) (Entered: 09/28/2012)
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1/17/201374 Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 1/17/2013 re 49 MOTION for Summary Judgment filed by Christine Brown, Meri Brown, Janelle Brown, Kody Brown, Robyn Sullivan, 55 Cross MOTION for Summary Judgment filed by Jeffrey R. Buhman. The court hears argument and takes the matter under submission. Attorney for Plaintiff: Jonathan Turley, Adam Alba, Attorney for Defendant: Jerrod Jensen, Thomas Roberts. Court Reporter: Karen Murakami. (jwt) (Entered: 01/17/2013)
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2/8/201375 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions for Summary Judgment held on January 17, 2013 before Judge CLARK WADDOUPS. Court Reporter/Transcriber Karen Murakami, Telephone number 801-328-4800. Release of Transcript Restriction set for 5/9/2013. (asp) (Entered: 02/08/2013)
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