ORDER AMENDING November 17, 2009 Order and GRANTING 73 Petition for Attorney Fees, filed by Fay Barkley, Raymond J Mitchell, Yvonne Hicks, Walter Berry, Bruce Carrier, Arlen Banks, Bobby Hardwick Signed by District Judge Robert H Cleland. (LWag) (Entered: 12/03/2009)
PETITION for Attorney Fees (Supplemental) by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of William T. Payne, # 3 Exhibit 2 - Fees and Expenses Summary) (Payne, William) (Entered: 11/23/2009)
ORDER GRANTING 68 Second MOTION for Attorney Fees filed by Fay Barkley, Raymond J Mitchell, Yvonne Hicks, Walter Berry, Bruce Carrier, Arlen Banks, Bobby Hardwick. Signed by District Judge Robert H Cleland. (LWag) (Entered: 11/17/2009)
ORDER AND FINAL JUDGMENT Signed by District Judge Robert H Cleland. (PPau) (Entered: 11/09/2009)
70
Filed: 11/9/2009, Entered: None
FINDINGS OF FACT AND CONCLUSIONS OF LAW APPROVING AMENDMENTS TO 2008 SETTLEMENT AGREEMENT Signed by District Judge Robert H Cleland. (PPau) (Entered: 11/09/2009)
Joint MOTION for Order for Final Approval of Amendments to Class Action Settlement Agreement by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Ford Motor Company, International Union, United Automobile, Aerospace and Agricultural Workers of America, Bobby Hardwick, Walter Berry. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Declaration of Robert L. Shanks, # 3 Exhibit Declaration of Andrew Yearley, # 4 Exhibit Declaration of William Payne (with Class Member Objections), # 5 Exhibit Form of Side Letter Agreement, # 6 Exhibit Declaration of Jose Fraga, # 7 Exhibit Declaration of Audrey E. Moog) (Moog, Audrey) (Entered: 10/16/2009)
Second MOTION for Attorney Fees by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, Payne Declaration) (Payne, William) (Entered: 09/09/2009)
NOTICE of Appearance by Joel R. Hurt on behalf of Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry. (Hurt, Joel) (Entered: 08/18/2009)
ORDER GRANTING 61 Joint MOTION For Preliminary Approval of Amendments to the Class Action Settlement Agreement and Proposed Class Re-Notice filed by Plaintiffs and Setting Fairness Hearing and deadline for objections, ( Objections due by 9/23/2009, Fairness Hearing set for 10/21/2009 02:00 PM before District Judge Robert H Cleland), Signed by District Judge Robert H Cleland. (LWag) (Entered: 08/06/2009)
EXHIBIT (Continued) re 61 Joint MOTION For Preliminary Approval of Amendments to the Class Action Settlement Agreement and Proposed Class Re-Notice by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Ford Motor Company, International Union, United Automobile, Aerospace and Agricultural Workers of America, Bobby Hardwick, Walter Berry (Attachments: # 1 Exhibit A(1)(D)(A)--Form of New Note A, # 2 Exhibit A(1)(D)(B)--Form of New Note B, # 3 Exhibit A(1)(D)(C)--Form of Warranty Agreement, # 4 Exhibit A(2)--Black line of amended Settlement Agreement, # 5 Exhibit A(3)--Form of Amendment to Trust Agreement, # 6 Exhibit B--2008 Settlement Agreement, # 7 Exhibit C-Declaration of Audrey Moog, # 8 Exhibit C(1)--B. Snavely Article Jan. 30, 2009, # 9 Exhibit C(2)--T. Walsh Article Jan. 30, 2009, # 10 Exhibit C(3)--Excerpts from the Loan and Security Agreement dated Dec. 31, 2008, # 11 Exhibit C(4)--B. Snavely Article Apr. 7, 2009, # 12 Exhibit C(5)--Ford Form 8-K dated Apr. 8, 2009, # 13 Exhibit C(6)--Ford Motor Credit Form 8-K dated Apr. 24, 2009, # 14 Exhibit D--TAA Note, # 15 Exhibit E--Proposed Individual Class Notice, # 16 Exhibit F--Proposed Publication Class Notice, # 17 Exhibit G--Letter to Class from UAW and Class Counsel) (Lang, Kathleen) (Entered: 07/23/2009)
DECLARATION by William T. Payne re 60 MOTION to Amend/Correct Class Representatives' Motion to Amend Class Definition filed by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry (Payne, William) (Entered: 07/23/2009)
Joint MOTION For Preliminary Approval of Amendments to the Class Action Settlement Agreement and Proposed Class Re-Notice by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Ford Motor Company, International Union, United Automobile, Aerospace and Agricultural Workers of America, Bobby Hardwick, Walter Berry. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Amendment to Settlement Agreement, # 3 Exhibit A(1)-Settlement Agreement (as amended and restated), # 4 Exhibit A(1)(A)--Form of Amended Trust Agreement, # 5 Exhibit A(1)(B)--National Institute for Health Care Reform Term Sheet, # 6 Exhibit A(1)(C)--Form of Securityholder and Registration Rights Agreement) (Lang, Kathleen) (Entered: 07/23/2009)
MOTION to Amend/Correct Class Representatives' Motion to Amend Class Definition by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry. (Payne, William) (Entered: 07/23/2009)
[STRICKEN] STIPULATION Concerning Attorneys' Fee Award to Plaintiff UAW by International Union, United Automobile, Aerospace and Agricultural Workers of America (Clark, Julia) Modified on 6/16/2009 (LWag). (Entered: 06/16/2009)
MOTION to Intervene, for Reconsideration and to Enforce Consent Decree by Wendy Koch, Jonathan Lee Riches, Cory Lancaster. (NHol) (Entered: 11/18/2008)
ORDER GRANTING 33 MOTION for Attorney Fees filed by Plaintiff Class Counsel in the amount of $312,903.12. Signed by District Judge Robert H Cleland. (LWag) (Entered: 10/02/2008)
SUPPLEMENTAL BRIEF re 33 MOTION for Attorney Fees filed by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of William T. Payne, # 3 Exhibit 2 - Class Counsel's Time Records, # 4 Exhibit 3 - Class Counsel's Expense Records) (Payne, William) (Entered: 09/08/2008)
EXHIBIT Corrected Exhibit 5 re 41 Joint MOTION Final Approval of Class Action Settlement of the Class and the UAW by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry (Payne, William) (Entered: 07/10/2008)
OPINION AND ORDER granting 34 Joint Motion to Join the Committee and the Trustee of the Existing Voluntary Employees' Beneficiary Association as Necessary Parties. Signed by District Judge Robert H Cleland. (LWag) (Entered: 07/07/2008)
EXHIBIT 6-Declaration of Audrey Moog re 44 MOTION for Order for Final Approval of Class Action Settlement by Ford Motor Company (Attachments: # 1 Exhibit 7-Declaration of Dawn Kovoch-Howarth, # 2 Exhibit 8-Class Member Objections) (Moog, Audrey) (Entered: 07/03/2008)
MOTION for Order for Final Approval of Class Action Settlement by Ford Motor Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1-Declaration of Peter Daniel, # 3 Exhibit 2-Declaration of Barbara Benson, # 4 Exhibit 3-Declaration of Steve Jones, # 5 Exhibit 4-Declaration of Phyllis Borzi, # 6 Exhibit 5-Declaration of Jose Fraga) (Moog, Audrey) (Entered: 07/03/2008)
DECLARATION by Suzanne Taranto re 41 Joint MOTION Final Approval of Class Action Settlement of the Class and the UAW filed by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, International Union, United Automobile, Aerospace and Agricultural Workers of America, Bobby Hardwick, Walter Berry (Payne, William) (Entered: 07/03/2008)
DECLARATION by Jim Millstein re 41 Joint MOTION Final Approval of Class Action Settlement of the Class and the UAW filed by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, International Union, United Automobile, Aerospace and Agricultural Workers of America, Bobby Hardwick, Walter Berry (Payne, William) (Entered: 07/03/2008)
Joint MOTION Final Approval of Class Action Settlement of the Class and the UAW by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of William T. Payne In Support of Motion for Final Approval of Class Action Settlement, # 3 Exhibit 2 - Expert Report of John D. Finnerty, Ph.D., # 4 Exhibit 3 - Hay Group Expert Report, # 5 Exhibit 4 - Excerpts from Agreements Between UAW and Ford Motor Company dated September 15, 2003, Volume II, Insurance Program, # 6 Exhibit 5 - Excerpts from 2005 Summary Plan Description titled Your Retiree Benefits, # 7 Exhibit 6 - Excerpts from Agreements Between UAW and Ford Motor Company dated September 15, 2003, Volume I, Collective Bargaining Agreement) (Payne, William) (Entered: 07/03/2008)
Ex Parte MOTION for Leave to File Excess Pages for Ford Motor Company's Brief in Support of Final Approval of Class Action Settlement by Ford Motor Company. (Moog, Audrey) (Entered: 07/03/2008)
Joint MOTION for Leave to File Excess Pages Ex Parte Motion of Class and UAW by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry. (Payne, William) (Entered: 07/03/2008)
NOTICE by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry re 31 Order on Motion for Miscellaneous Relief Notice of Filing of Objections by Class Members (Attachments: # 1 Exhibit 1 - Index and Objections) (Payne, William) (Entered: 07/01/2008)
STIPULATION re 34 Joint MOTION for Order Joining Committee and Trustee of the Existing External Voluntary Employees' Beneficiary Association as Necessary Parties Stipulation & Consent to Joinder of Trustee of the Independent Health Care Trust for UAW Retirees of Ford Motor Company by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Ford Motor Company, International Union, United Automobile, Aerospace and Agricultural Workers of America, Bobby Hardwick, Walter Berry (Abram, Jonathan) (Entered: 06/29/2008)
STIPULATION re 34 Joint MOTION for Order Joining Committee and Trustee of the Existing External Voluntary Employees' Beneficiary Association as Necessary Parties Stipulation & Consent to Joinder of the Committee of the Independent Health Care Trust for UAW Retirees of Ford Motor Company by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Ford Motor Company, International Union, United Automobile, Aerospace and Agricultural Workers of America, Bobby Hardwick, Walter Berry (Abram, Jonathan) (Entered: 06/29/2008)
Joint MOTION for Order Joining Committee and Trustee of the Existing External Voluntary Employees' Beneficiary Association as Necessary Parties by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Ford Motor Company, International Union, United Automobile, Aerospace and Agricultural Workers of America, Bobby Hardwick, Walter Berry. (Attachments: # 1 Exhibit Independent Health Care Trust for UAW Retirees of Ford Motor Company) (Abram, Jonathan) (Entered: 06/29/2008)
MOTION for Attorney Fees by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of William T. Payne, # 3 Exhibit 2 - List of Retiree Cases and Defense Counsel, # 4 Exhibit 3 - Resume of William T. Payne, # 5 Exhibit 4 - Resume of John Stember, # 6 Exhibit 5 - Resume of Ellen M. Doyle, # 7 Exhibit 6 - Resume of Edward J. Feinstein, # 8 Exhibit 7 - Resume of Pamina Ewing, # 9 Exhibit 8 - Resume of Stephen M. Pincus, # 10 Exhibit 9 - Resume of Jonathan K. Cohn, # 11 Exhibit 10 - Resume of Joel R. Hurt, # 12 Exhibit 11 - Resume of Rachael Kassner Davis, # 13 Exhibit 12 - Resume of Lawrence Frolik, # 14 Exhibit 13 - 09/26/07 Order in UAW v. General Motors (Hardwick I), 2:05cv7399 (E.D. Mich.), # 15 Exhibit 14 - 12/27/07 Order in UAW v. Ford Motor Co. (Henry I), 2:05cv74730 (E.D. Mich.), # 16 Exhibit 15 - Still Gaining Atmosphere, National Law Journal (Dec. 10, 2007), # 17 Exhibit 16 - 07/07/06 Order in Santos v. Pechiney, No. C 05-00149 (N.D. Cal.), # 18 Exhibit 17 - 03/16/07 Order in In re ASARCO, LLC, No. 05-21207 (S.D. Tex.), # 19 Exhibit 18 - Declaration of Thomas G. Mouawsher, # 20 Exhibit 19 - Excerpt from Going Rate, Daily Report, regarding the rates of Kirkland & Ellis, # 21 Exhibit 20 - Excerpt from Going Rate, Daily Report, regarding the rates of Stanley Weiner of Jones Day) (Payne, William) (Entered: 05/29/2008)
ORDER Granting 19 Motion for Preliminary Approval of Class Action Settlement Agreement and Proposed Class Notice. Signed by District Judge Robert H Cleland. (DOpa) (Entered: 04/28/2008)
AMENDED COMPLAINT with Jury Demand filed by International Union, United Automobile, Aerospace and Agricultural Workers of America against Ford Motor Company. (Clark, Julia) (Entered: 04/25/2008)
ORDER granting 18 Plaintiff's Consent Motion for Leave to File First Amended Complaint. Signed by District Judge Robert H Cleland. (LWag) (Entered: 04/24/2008)
NOTICE of hearing on 19 Joint MOTION for Preliminary Approval of Class Action Settlement Agreement and Proposed Class Notice, 23 MOTION to Certify Class. Motion Hearing reset for 4/28/2008 08:00 AM before District Judge Robert H Cleland. (LWag) (Entered: 04/22/2008)
ORDER REASSIGNING CASE for Docket Efficiency from District Judge Paul D Borman to District Judge Robert H Cleland. Signed by District Judge Bernard A Friedman. (SSch) (Entered: 04/22/2008)
DECLARATION by Fay Barkley re 23 MOTION to Certify Class filed by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry (Payne, William) (Entered: 04/09/2008)
MOTION to Certify Class by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of William T. Payne, # 3 Exhibit 2 - Chart of Range of Likely Payments into New VEBA Should Ford Avoid Bankruptcy For At Least 20 Years, # 4 Exhibit 3 - List of Retiree Health Cases, # 5 Exhibit 4 - Resume of William T. Payne, # 6 Exhibit 5 - Resume of John Stember, # 7 Exhibit 6 - Resume of Edward J. Feinstein, # 8 Exhibit 7 - Resume of Ellen M. Doyle, # 9 Exhibit 8 - Resume of Pamina Ewing, # 10 Exhibit 9 - Resume of Stephen M. Pincus, # 11 Exhibit 10 - Resume of Jonathan K. Cohn, # 12 Exhibit 11 - Resume of Professor Lawrence Frolik, # 13 Exhibit 12 - Declaration of William T. Payne in Support of Final Approval of Class Action Settlement filed in UAW, et al v. Ford Motor Company, C.A. No. 05-74730 [Docket No. 878], # 14 Exhibit 13 - Memorandum of Understanding (MOU), # 15 Exhibit 14 - Resume of John D. Finnerty, Ph.D., # 16 Exhibit 15 - Resume of Adam Reese, FSA, EA, MAAA, # 17 Exhibit 16 - Declaration of Bobby Hardwick, # 18 Exhibit 17 - Declaration of Walter Berry, # 19 Exhibit 18 - Declaration of Raymond J. Mitchell, # 20 Exhibit 19 - Declaration of Arlen Banks, # 21 Exhibit 20 - Declaration of Yvonne Hicks, # 22 Exhibit 21 - Declaration of Bruce Carrier) (Payne, William) (Entered: 04/07/2008)
EXHIBIT 2 (including its Exhibits A and B) -- Jonathan Abram Declaration re 19 Joint MOTION for Preliminary Approval of Class Action Settlement Agreement and Proposed Class Notice, 20 Exhibit,,, by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Ford Motor Company, Bobby Hardwick, Walter Berry (Attachments: # 1 Exhibit 3 -- Memorandum of Understanding, # 2 Exhibit 4 -- Proposed Individual Class Notice, # 3 Exhibit 5 -- Proposed Publication Notice, # 4 Exhibit 6 -- Joint Motion for Relief from Judgment, # 5 Exhibit 7 -- Joint Letter from UAW and Class Counsel) (Lang, Kathleen) (Entered: 04/07/2008)
EXHIBIT A to Exhibit 1 -- Form of Trust Agreement re 19 Joint MOTION for Preliminary Approval of Class Action Settlement Agreement and Proposed Class Notice by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Ford Motor Company, Bobby Hardwick, Walter Berry (Attachments: # 1 Document Continuation Exhibit 1-B -- Form of Second Supplemental Indenture, # 2 Document Continuation Exhibit C to Exhibit 1 -- Form of Note Purchase Agreement, # 3 Document Continuation Exhibit D to Exhibit 1 -- Base Amount Contributions, # 4 Document Continuation Exhibit E to Exhibit 1 -- Institute Term Sheet, # 5 Document Continuation Exhibit F to Exhibit 1 -- Form of Securityholder and Registration Rights Agreement) (Lang, Kathleen) (Entered: 04/07/2008)
Joint MOTION for Preliminary Approval of Class Action Settlement Agreement and Proposed Class Notice by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Ford Motor Company, Bobby Hardwick, Walter Berry. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1-Settlement Agreement) (Lang, Kathleen) (Entered: 04/07/2008)
MOTION for Leave to File First Amended Complaint by International Union, United Automobile, Aerospace and Agricultural Workers of America. (Attachments: # 1 First Amended Complaint) (Clark, Julia) (Entered: 04/07/2008)
STATEMENT of Plaintiff UAW Consenting to Motion for Class Certification by International Union, United Automobile, Aerospace and Agricultural Workers of America (Clark, Julia) (Entered: 04/07/2008)
Joint Submission Pursuant to Scheduling Order REPORT by Raymond J Mitchell, Fay Barkley, Yvonne Hicks, Bruce Carrier, Ford Motor Company, International Union, United Automobile, Aerospace and Agricultural Workers of America, Bobby Hardwick, Walter Berry (Lang, Kathleen) (Entered: 03/28/2008)
JOINT SUBMISSION AND SCHEDULING ORDER: Hearing on motion for provisional class certification set for 4/24/08 at 3:00 p.m. Signed by Honorable Paul D Borman. (Refer to image for additional dates) (DGoo) (Entered: 02/01/2008)
NOTICE of Appearance by Pamina G. Ewing on behalf of Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry. (Ewing, Pamina) (Entered: 12/06/2007)
ORDER GRANTING 5 Application, filed by Fay Barkley, Raymond J Mitchell, Yvonne Hicks, Walter Berry, Bruce Carrier, Arlen Banks, Bobby Hardwick Signed by Honorable Paul D Borman. (DGoo) (Entered: 11/28/2007)
MOTION to Appoint Counsel Interim Class Counsel by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 - Declaration of William T. Payne# 3 Exhibit 2 - Class Certification Order, Docket #36 at C.A. No: 05-74730# 4 Exhibit 3 - Resume of William T. Payne# 5 Exhibit 4 - Resume of John Stember# 6 Exhibit 5 - List of Retiree Health Cases# 7 Exhibit 6 - Resume of Edward Feinstein# 8 Exhibit 7 - Resume of Ellen M. Doyle# 9 Exhibit 8 - Resume of Pamina Ewing# 10 Exhibit 9 - Resume of Stephen M. Pincus) (Payne, William) (Entered: 11/20/2007)
APPLICATION of Plaintiff Class Representatives' Counsel to Be Relieved of Obligation to Specify Local Counsel by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry. (Attachments: # 1 Exhibit 1 - GM Order from CA No 05-73991) (Payne, William) (Entered: 11/20/2007)
NOTICE of Appearance by Ellen M. Doyle on behalf of Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry. (Doyle, Ellen) (Entered: 11/16/2007)
NOTICE of Appearance by Edward J. Feinstein on behalf of Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry. (Feinstein, Edward) (Entered: 11/16/2007)
NOTICE of Appearance by Stephen M. Pincus on behalf of Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, Bobby Hardwick, Walter Berry. (Pincus, Stephen) (Entered: 11/16/2007)
COMPLAINT filed by Raymond J Mitchell, Fay Barkley, Arlen Banks, Yvonne Hicks, Bruce Carrier, International Union, United Automobile, Aerospace and Agricultural Workers of America, Bobby Hardwick, Walter Berry against Ford Motor Company. Receipt No: 564020 - Fee: $350. (KGeh) (Entered: 11/13/2007)
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