Massachusetts District Court, Case No. 4:05-cv-40019-FDS:
Jeneski v. City of Worcester et al

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No Logo Linda Jeneski, Plaintiff

Daniel J. Shea
Phone: +1 713 942 7500
Fax: +1 713 942 7507
E-Mail: djs7500@aol.com

v.
No Logo Carlene Bull, Defendant

Janet J. McGuiggan
City Hall
Phone: +1 508 799 1161
Fax: +1 508 799 1163
E-Mail: mcguigganj@ci.worcester.ma.us

No Logo City of Worcester, Defendant

Janet J. McGuiggan
City Hall
Phone: +1 508 799 1161
Fax: +1 508 799 1163
E-Mail: mcguigganj@ci.worcester.ma.us

No Logo David M. Moore, Defendant

Janet J. McGuiggan
City Hall
Phone: +1 508 799 1161
Fax: +1 508 799 1163
E-Mail: mcguigganj@ci.worcester.ma.us

No Logo Donald H. Anderson, Defendant

Janet J. McGuiggan
City Hall
Phone: +1 508 799 1161
Fax: +1 508 799 1163
E-Mail: mcguigganj@ci.worcester.ma.us

No Logo Massachusetts Administrator of Human Resources, Defendant

Elliot C. Fertik
Phone: +617727 220 0ex2014

No Logo Robert J. Hennigan, Jr., Defendant

Robert J. Murphy
Murphy & Riley PC
Phone: +1 617 423 3700
Fax: +1 617 423 3750
E-Mail: RMurphy@MurphyRiley.com

Joel D. Hillygus
Murphy & Riley PC
Phone: +1 617 423 4700
Fax: +1 617 423 1010
E-Mail: jhillygus@murphyriley.com

No Logo Stephen R. Willard, Defendant

Janet J. McGuiggan
City Hall
Phone: +1 508 799 1161
Fax: +1 508 799 1163
E-Mail: mcguigganj@ci.worcester.ma.us

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Office Worcester
Filed 1/28/2005
Jury Demand None
Demand
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 1983 Civil Rights Act
Jurisdiction Federal Question
Disposition Dismissed - Other
County Worcester
Terminated 4/7/2006
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case '06-1874'['First Circuit Court of Appeals']
Def Custody Status
 -- Filed: 1/28/2005, Entered: 1/28/2005 Summons Issued
Summons Issued as to City of Worcester, Stephen R. Willard, Donald H. Anderson, Carlene Bull, Robert J. Hennigan, Jr, David M. Moore. (Jones, Sherry)
 -- Filed: 1/28/2005, Entered: 1/28/2005 Hearing (Other)
Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor IV: Hearing re: Ex-Parte TRO held on 1/28/2005. Case called, Counsel for plaintiff (Shea) appears for ex-parte hearing for TRO, Argument heard, Court DENIES motion for TRO, (Court Reporter Kusa-Ryll.) (Castles, Martin)
PDF 1 Filed: 1/28/2005, Entered: 1/28/2005 Complaint
COMPLAINT against City of Worcester, Stephen R. Willard, Donald H. Anderson, Carlene Bull, Robert J. Hennigan, Jr, David M. Moore Filing fee: $ 150, receipt number 404502, filed by Linda Jeneski.(Jones, Sherry) Additional attachment(s) added on 1/28/2005 (Hassett, Kathy).
PDF 2 Filed: 2/16/2005, Entered: 2/16/2005 Summons Returned Executed
SUMMONS Returned Executed Carlene Bull served on 1/28/2005, answer due 2/17/2005. (Jones, Sherry)
PDF 3 Filed: 2/16/2005, Entered: 2/16/2005 Summons Returned Executed
SUMMONS Returned Executed Donald H. Anderson served on 1/28/2005, answer due 2/17/2005. (Jones, Sherry)
PDF 4 Filed: 2/16/2005, Entered: 2/16/2005 Summons Returned Executed
SUMMONS Returned Executed Stephen R. Willard served on 1/28/2005, answer due 2/17/2005. (Jones, Sherry)
PDF 5 Filed: 2/16/2005, Entered: 2/16/2005 Summons Returned Executed
SUMMONS Returned Executed City of Worcester served on 1/31/2005, answer due 2/22/2005. (Jones, Sherry)
PDF 6 Filed: 2/16/2005, Entered: 2/16/2005 Summons Returned Executed
SUMMONS Returned Executed David M. Moore served on 1/31/2005, answer due 2/22/2005. (Jones, Sherry)
PDF 7 Filed: 2/16/2005, Entered: 2/16/2005 Summons Returned Executed
SUMMONS Returned Executed Robert J. Hennigan, Jr served on 1/31/2005, answer due 2/22/2005. (Jones, Sherry)
PDF 8 Filed: 2/18/2005, Entered: 2/18/2005 Answer to Complaint
ANSWER to Complaint by City of Worcester, Stephen R. Willard, Donald H. Anderson, Carlene Bull, David M. Moore, c/s.(Jones, Sherry)
PDF 9 Filed: 3/8/2005, Entered: 3/8/2005 Letter/request (non-motion)
Letter regarding answer due date for defendant Robert J. Hennigan, Jr. from Robert J. Murphy. (Jones, Sherry)
PDF 10 Filed: 3/24/2005, Entered: 3/25/2005 Motion for Extension of Time to File Answer
ASSENTED TO MOTION for Extension of Time to March 25, 2005 to File Answer re [1] Complaint, by Robert J. Hennigan, Jr.(Jones, Sherry)
PDF 11 Filed: 3/24/2005, Entered: 3/25/2005 Notice of Appearance
NOTICE of Appearance by Robert J. Murphy on behalf of Robert J. Hennigan, Jr., c/s. (Jones, Sherry)
 -- Filed: 3/25/2005, Entered: 3/25/2005 Order on Motion for Extension of Time to Answer
Judge F. Dennis Saylor IV: Electronic ORDER entered granting [10] Motion for Extension of Time to Answer Robert J. Hennigan, Jr answer due 3/25/2005. (Castles, Martin)
PDF 12 Filed: 3/25/2005, Entered: 3/28/2005 Motion to Dismiss
MOTION to Dismiss or, in the alternative, for a more definite statement by Robert J. Hennigan, Jr., c/s.(Hassett, Kathy)
PDF 13 Filed: 3/25/2005, Entered: 3/28/2005 Memorandum in Support of Motion
MEMORANDUM in Support re [12] MOTION to Dismiss filed by Robert J. Hennigan, Jr., c/s. (Hassett, Kathy)
PDF 14 Filed: 4/11/2005, Entered: 4/11/2005 Opposition to Motion
Opposition re [12] MOTION to Dismiss filed by Linda Jeneski, c/s. (Jones, Sherry)
PDF 15 Filed: 10/26/2005, Entered: 10/26/2005 Notice of Scheduling Conference Court Filing
NOTICE of Scheduling Conference: Scheduling Conference set for Monday 11/21/2005 at 10:00AM in Courtroom 2 before Judge F. Dennis Saylor IV. (Castles, Martin)
PDF 16 Filed: 11/17/2005, Entered: 11/17/2005 Certification pursuant to Local Rule 16.1
CERTIFICATION pursuant to Local Rule 16.1 by City of Worcester.(Hassett, Kathy)
PDF 17 Filed: 11/17/2005, Entered: 11/17/2005 Certification pursuant to Local Rule 16.1
CERTIFICATION pursuant to Local Rule 16.1 by Stephen R. Willard.(Hassett, Kathy)
PDF 18 Filed: 11/17/2005, Entered: 11/17/2005 Certification pursuant to Local Rule 16.1
CERTIFICATION pursuant to Local Rule 16.1 by Carlene Bull.(Hassett, Kathy)
PDF 19 Filed: 11/17/2005, Entered: 11/17/2005 Certification pursuant to Local Rule 16.1
CERTIFICATION pursuant to Local Rule 16.1 by Donald H. Anderson.(Hassett, Kathy)
PDF 20 Filed: 11/17/2005, Entered: 11/17/2005 Certification pursuant to Local Rule 16.1
CERTIFICATION pursuant to Local Rule 16.1 by David M. Moore.(Hassett, Kathy)
PDF 21 Filed: 11/17/2005, Entered: 11/17/2005 Certificate of Consultation
CERTIFICATION PURSUANT TO Rule 16.1(D)(3)Certificate by Daniel J. Shea on behalf of Linda Jeneski. (Shea, Daniel) Modified on 11/18/2005 (Jones, Sherry).
PDF 22 Filed: 11/17/2005, Entered: 11/17/2005 JOINT STATEMENT re scheduling conference
JOINT STATEMENT re scheduling conference. (McGuiggan, Janet)
 -- Filed: 11/21/2005, Entered: 11/21/2005 Scheduling Conference
ElectronicClerk's Notes for proceedings held before Judge F. Dennis Saylor IV: Scheduling Conference held on 11/21/2005. Case called, Counsel appear for scheduling conference, (Atty Shea by phone), Court denies motion to dismiss from the bench for the reasons states in open court, Schedule for discovery discussed, Scheduling order to issue, (Court Reporter M. Kusa-Ryll.) (Castles, Martin)
 -- Filed: 11/21/2005, Entered: 11/21/2005 Order on Motion to Dismiss
Judge F. Dennis Saylor IV: Electronic ORDER entered denying [12] Motion to Dismiss without prejudice for the reasons stated in open court this date. (Castles, Martin)
PDF 23 Filed: 11/21/2005, Entered: 11/22/2005 Certification pursuant to Local Rule 16.1
CERTIFICATION pursuant to Local Rule 16.1 by Robert J. Hennigan, Jr.(Hassett, Kathy)
 -- Filed: 11/22/2005, Entered: 11/22/2005 Set Deadlines/Hearings:
NOTICE OF Hearing: Early Neutral Evaluation/Mediation status conference set for 1/24/2006 at 3:15PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Castles, Martin)
PDF 24 Filed: 11/22/2005, Entered: 11/22/2005 Scheduling Order Court Filing
Judge F. Dennis Saylor IV: ORDER entered. SCHEDULING ORDER: Status Conference set for 7/10/2006 at 3:00PM in Courtroom 2 before Judge F. Dennis Saylor IV. Amended Pleadings due by 12/21/2005. Discovery to be completed by 6/30/2006. Joinder of Parties due by 12/21/2005. Class Certification Motions due by 7/31/2006.(Castles, Martin)
 -- Filed: 11/28/2005, Entered: 11/28/2005 Set/Reset Motion and R&R Deadlines/Hearings
NOTICE OF MOTION HEARING: Set hearing ON MOTION FOR CLASS CERTIFICATION. Motion Hearing set for 9/19/2006 at 3:00PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Castles, Martin)
 -- Filed: 11/28/2005, Entered: 11/28/2005 Amended Complaint
AMENDED COMPLAINT FIRST, WITH RULE 19 ADDITIONAL PARTY against all defendants, filed by Linda Jeneski. (Attachments: # (1) Exhibit "A" Executive Order #8, 11/13/1972# (2) Exhibit "B" CMOET Welfare Acct Reconciliation)(Shea, Daniel)
 -- Filed: 11/28/2005, Entered: 11/28/2005 Certificate of Service
CERTIFICATE OF SERVICE by Linda Jeneski re [25] MOTION for Leave to File First Amended Complaint With Rule 19 Additional Party, [26] Amended Complaint, Courtesy Service upon proposed Defendant; Service on Mr. Murphy. (Shea, Daniel)
PDF 25 Filed: 11/28/2005, Entered: 11/28/2005, Terminated: 1/24/2006 Motion for Leave to File
MOTION for Leave to File First Amended Complaint With Rule 19 Additional Party by Linda Jeneski.(Shea, Daniel) Additional attachment(s) added on 11/29/2005 (Jones, Sherry).
PDF 28 Filed: 11/28/2005, Entered: 11/29/2005 Scheduling Order Court Filing
Judge F. Dennis Saylor IV: ORDER entered. AMENDED SCHEDULING ORDER:(Castles, Martin)
 -- Filed: 11/29/2005, Entered: 11/29/2005 Notice of correction to docket made by Court staff
Notice of correction to docket made by Court staff. Correction: Document #26 & 27 deleted from the docket as they should have been attachments to the motion for leave to file. The document is deleted but the entry stays on the docket. (Jones, Sherry)
PDF 29 Filed: 12/13/2005, Entered: 12/13/2005 Document disclosure
Document disclosure by Linda Jeneski.(Shea, Daniel)
PDF 30 Filed: 1/11/2006, Entered: 1/11/2006, Terminated: 4/6/2006 Motion to Dismiss
MOTION to Dismiss Plaintiff's First Amended Complaint by Robert J. Hennigan, Jr.(Hillygus, Joel)
PDF 31 Filed: 1/11/2006, Entered: 1/11/2006, Terminated: 4/6/2006 Motion to Disqualify Counsel
MOTION to Disqualify Counsel of Plaintiff by Robert J. Hennigan, Jr.(Hillygus, Joel)
PDF 32 Filed: 1/17/2006, Entered: 1/17/2006 Opposition to Motion
Opposition re [30] MOTION to Dismiss Plaintiff's First Amended Complaint filed by Linda Jeneski. (Shea, Daniel)
PDF 33 Filed: 1/17/2006, Entered: 1/17/2006 Opposition to Motion
Opposition re [31] MOTION to Disqualify Counsel of Plaintiff filed by Linda Jeneski. (Attachments: # (1) Exhibit Letter dated 01/03/2006)(Shea, Daniel)
 -- Filed: 1/24/2006, Entered: 1/24/2006 Status Conference
ElectronicClerk's Notes for proceedings held before Judge F. Dennis Saylor IV: Status Conference held on 1/24/2006. Case called, Counsel appear for status conference, Court grants motion to amend, City to file motion to dismiss by 2/14/06, Opposition due 3/2/06, Court hears arguments on pending motions to dismiss and disqualify plaintiff's counsel, Court takes motions under advisement, Court sets further status conference, Status Conference set for Thursday 4/6/2006 at 3:30PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Court Reporter M. Kusa-Ryll.) (Castles, Martin)
 -- Filed: 1/24/2006, Entered: 1/25/2006 Order on Motion for Leave to File
Judge F. Dennis Saylor IV: Electronic ORDER entered granting [25] Motion for Leave to File amended complaint. (Castles, Martin)
PDF 34 Filed: 1/25/2006, Entered: 1/25/2006 Amended Complaint
AMENDED COMPLAINT With Rule 19 Additional Party against all defendants, filed by Linda Jeneski. (Attachments: # (1) Exhibit Exh. "A" Executive Order# (2) Exhibit Exh. "B" Accounting Sheet)(Shea, Daniel)
 -- Filed: 1/26/2006, Entered: 1/26/2006 Summons Issued
Summons Issued and sent to plaintiff's counsel as to Massachusetts Administrator of Human Resources. (Jones, Sherry)
PDF 35 Filed: 1/26/2006, Entered: 1/26/2006 Sur-Reply to Motion
First SUR-REPLY to Motion re [30] MOTION to Dismiss Plaintiff's First Amended Complaint, [31] MOTION to Disqualify Counsel of Plaintiff (Sur-Reply to Oral Argument of 01/24/2006) filed by Linda Jeneski. (Shea, Daniel)
PDF 36 Filed: 2/1/2006, Entered: 2/1/2006 Summons Returned Executed
SUMMONS Returned Executed Massachusetts Administrator of Human Resources served on 1/27/2006, answer due 2/16/2006. (Hassett, Kathy)
PDF 37 Filed: 2/14/2006, Entered: 2/14/2006, Terminated: 2/15/2006 Motion to Dismiss
DOCUMENT DELETED, FILED IN ERROR. MOTION to Dismiss by City of Worcester, Stephen R. Willard, Donald H. Anderson, Carlene Bull, David M. Moore.(McGuiggan, Janet) Additional attachment(s) added on 2/15/2006 (Jones, Sherry). Modified on 2/15/2006 (Jones, Sherry).
PDF 38 Filed: 2/14/2006, Entered: 2/14/2006, Terminated: 2/15/2006 Motion for Leave to File
MOTION for Leave to File Document in Excess of 20 Pages by City of Worcester, Stephen R. Willard, Donald H. Anderson, Carlene Bull, David M. Moore.(McGuiggan, Janet)
PDF 39 Filed: 2/14/2006, Entered: 2/14/2006, Terminated: 4/6/2006 Motion to Dismiss
MOTION to Dismiss by City of Worcester, Stephen R. Willard, Donald H. Anderson, Carlene Bull, David M. Moore.(McGuiggan, Janet)
PDF 40 Filed: 2/14/2006, Entered: 2/14/2006 Memorandum in Support of Motion
MEMORANDUM in Support re [39] MOTION to Dismiss filed by City of Worcester, Stephen R. Willard, Donald H. Anderson, Carlene Bull, David M. Moore. (McGuiggan, Janet)
 -- Filed: 2/15/2006, Entered: 2/15/2006 Terminate Motions
Motions terminated: [37] FILED IN ERROR. MOTION to Dismiss filed by City of Worcester,, Stephen R. Willard,, Donald H. Anderson,, Carlene Bull,, David M. Moore,. (Jones, Sherry)
 -- Filed: 2/15/2006, Entered: 2/15/2006 Notice of correction to docket made by Court staff
Notice of correction to docket made by Court staff. Correction: #37 DELETED, FILED IN ERROR. (Jones, Sherry)
 -- Filed: 2/15/2006, Entered: 2/15/2006 Order on Motion for Leave to File
Judge F. Dennis Saylor IV: Electronic ORDER entered granting [38] Motion for Leave to File. (cc/cl) (Jones, Sherry)
PDF 41 Filed: 2/15/2006, Entered: 2/15/2006, Terminated: 2/16/2006 Motion for Extension of Time to File Answer
Joint MOTION for Extension of Time to March 22, 2006 to File Answer re [36] Summons Returned Executed January 27, 2006 by Linda Jeneski.(Shea, Daniel)
 -- Filed: 2/16/2006, Entered: 2/16/2006 Order on Motion for Extension of Time to Answer
Judge F. Dennis Saylor IV: Electronic ORDER entered granting [41] Motion for Extension of Time to Answer. Massachusetts Administrator of Human Resources answer due 3/22/2006. (Castles, Martin)
PDF 42 Filed: 2/27/2006, Entered: 2/27/2006 Opposition to Motion
Opposition re [39] MOTION to Dismiss (With Supporting Authority) filed by Linda Jeneski. (Attachments: # (1) Affidavit of Plaintiff Linda Jeneski)(Shea, Daniel)
PDF 43 Filed: 3/2/2006, Entered: 3/2/2006 Notice of Appearance
NOTICE of Appearance by Elliot C. Fertik on behalf of Massachusetts Administrator of Human Resources (Fertik, Elliot)
PDF 44 Filed: 3/21/2006, Entered: 3/21/2006, Terminated: 4/6/2006 Motion to Dismiss
MOTION to Dismiss by Massachusetts Administrator of Human Resources. (Attachments: # (1) Memorandum of Law in Support of Motion to Dismiss# (2) Certificate of Service)(Fertik, Elliot)
PDF 45 Filed: 3/22/2006, Entered: 3/22/2006 Memorandum in Support of Motion
MEMORANDUM in Support re [44] MOTION to Dismiss filed by Massachusetts Administrator of Human Resources. (Fertik, Elliot)
PDF 46 Filed: 3/25/2006, Entered: 3/25/2006 Memorandum in Opposition to Motion
MEMORANDUM in Opposition re [44] MOTION to Dismiss by Administrator, First Am. Cplt., filed by Linda Jeneski. (Shea, Daniel)
PDF 47 Filed: 4/4/2006, Entered: 4/4/2006, Terminated: 4/6/2006 Motion for Leave to File
MOTION for Leave to File Second Amended Complaint by Linda Jeneski. (Attachments: # (1) Appendix Proposed 2AmCplt# (2) Appendix Proposed 2AmCPltExh"A"# (3) Appendix Proposed 2AmCpltExh"B"# (4) Appendix Proposed 2AMCpltExh"C"# (5))(Shea, Daniel)
 -- Filed: 4/6/2006, Entered: 4/7/2006 Status Conference
ElectronicClerk's Notes for proceedings held before Judge F. Dennis Saylor IV: Status Conference held on 4/6/2006. Case called, Counsel appear for status conference, Court hears arguments of counsel on pending motions to dismiss, Court grants motions to dismiss as to counts 1 & 2. Reasons stated on the record, Court declines to keep remaining state claims and dismisses counts 3-6, Case dismissed. (Court Reporter M. Kusa-Ryll.) (Castles, Martin) Modified on 4/10/2006 (Jones, Sherry).
 -- Filed: 4/6/2006, Entered: 4/7/2006 Order on Motion to Dismiss
Judge F. Dennis Saylor IV: Electronic ORDER entered in open court for the reasons statedgranting [30] Motion to Dismiss, finding as moot [31] Motion to Disqualify Counsel., granting [39] Motion to Dismiss, granting [44] Motion to Dismiss, finding as moot [47] Motion for Leave to File (Castles, Martin)
PDF 48 Filed: 4/7/2006, Entered: 4/7/2006, Terminated: 5/12/2006 Motion to Alter Judgment
MOTION to Alter Judgment of Rule 12(b)(6) dismissal by Linda Jeneski.(Shea, Daniel)
PDF 49 Filed: 4/7/2006, Entered: 4/7/2006 Order Dismissing Case Court Filing
Judge F. Dennis Saylor IV: ORDER entered. ORDER DISMISSING CASE.(Castles, Martin)
PDF 50 Filed: 4/14/2006, Entered: 4/14/2006 Opposition to Motion
Opposition re [48] MOTION to Alter Judgment of Rule 12(b)(6) dismissal filed by City of Worcester, Stephen R. Willard, Donald H. Anderson, Carlene Bull, David M. Moore. (McGuiggan, Janet)
PDF 51 Filed: 4/15/2006, Entered: 4/15/2006 Reply to Response to Motion
REPLY to Response to Motion re [48] MOTION to Alter Judgment of Rule 12(b)(6) dismissal filed by Linda Jeneski. (Shea, Daniel)
PDF 52 Filed: 4/28/2006, Entered: 4/28/2006 Opposition to Motion
Opposition re [48] MOTION to Alter Judgment of Rule 12(b)(6) dismissal filed by Massachusetts Administrator of Human Resources. (Fertik, Elliot)
 -- Filed: 5/12/2006, Entered: 5/12/2006 Order on Motion to Alter Judgment
Judge F. Dennis Saylor IV: Electronic ORDER entered denying [48] Motion to Alter Judgment. (Castles, Martin)
PDF 53 Filed: 5/12/2006, Entered: 5/12/2006 Transcript Court Filing
TRANSCRIPT of Status Conference Proceedings held on April 6, 2006 before Judge F. Dennis Saylor. Court Reporter: Marianne Kusa-Ryll. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter or the Clerk's Office. (Hassett, Kathy)
 -- Filed: 5/24/2006, Entered: 5/24/2006 Filing Fee/Payment Received
Filing fee: $ 455.00, receipt number 404805 for [54] Notice of Appeal, (Hassett, Kathy)
PDF 54 Filed: 5/24/2006, Entered: 5/24/2006, Terminated: 2/21/2007 Notice of Appeal
NOTICE OF APPEAL as to [49] Order Dismissing Case by Linda Jeneski. $ 455 NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Appeal Record due by 6/13/2006. (Shea, Daniel)
PDF 55 Filed: 5/24/2006, Entered: 5/24/2006 Appeal Record Sent to USCA
Certified and Transmitted Record on Appeal to US Court of Appeals re [54] Notice of Appeal (Hassett, Kathy)
PDF 56 Filed: 6/5/2006, Entered: 6/5/2006 USCA Case Number
USCA Case Number 06-1874 for [54] Notice of Appeal, filed by Linda Jeneski.(Hassett, Kathy)
PDF 57 Filed: 2/21/2007, Entered: 2/21/2007 USCA Judgment
USCA Judgment as to[54] Notice of Appeal, filed by Linda Jeneski, Judgment of District Court is affirmed. (Hassett, Kathy)

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