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 38 |
Filed: 8/1/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Denise L. Cote from Troy L. Kessler dated 7/30/2013 re: Responsive to Your Honor's March 29, 2013 Order, we respectfully report on the status and conclusion of matters in the referenced case concerning each of the three Plaintiffs: Sonya Duraku, Nieves Sanchez and Julia lnirio, and Defendant Tishman Speyer Properties. On May 27, 2010, Your Honor issued an Opinion and Order staying proceedings in this matter and directing that any Plaintiff wishing to pursue her claims against Tishman Speyer "shall commence mediation and/or arbitration within thirty days of this Opinion in accordance with the protocol set forth in the February 2010 Agreement and the CBA." We hereby report on the status of each Plaintiff, following issuance of the Court's May 27, 2010 Order: Sonya Duraku participated in mediation and arbitration that proceeded to an evidentiary hearing on the merits conducted on four days, with closing arguments and post-hearing submissions of case authority, resulting in a July 15, 2013 Opinion and Award by Arbitrator Susan T. Mackenzie, a copy of which is attached hereto as Exhibit 1. Nieves Sanchez participated in mediation and arbitration, settling her claims with an Agreement and Release and a Stipulation of Dismissal with Prejudice that was So Ordered by the Court on February 20, 2013. A copy of the Stipulation of Dismissal with Prejudice as So Ordered by the Court is attached hereto as Exhibit 2. Julia Inirio participated in mediation, after which she elected to not pursue her claims in arbitration, and her failure to do so, as required by the Court's May 27, 2010 Order, bars her claims. All counsel appreciate the Court's consideration throughout the case, and we will be available for any additional information or submission the Court may require. ENDORSEMENT: The Clerk of Court shall close this case. (Signed by Judge Denise L. Cote on 8/1/2013) (rsh) (Entered: 08/01/2013)
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| 37 |
Filed: 4/1/2013, Entered: None |
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ORDER that the parties shall submit a status letter to the Court by 9/6/2013. (Signed by Judge Denise L. Cote on 3/29/2013) (gr) (Entered: 04/01/2013)
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| 36 |
Filed: 2/20/2013, Entered: None |
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STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff Nieves Sanchez ("Sanchez") and Defendant Tishman Speyer Properties, Inc. ("Tishman Speyer"), who are parties in the above-captioned action, through their respective undersigned counsel, that (1) the action (and all claims and causes of action that were or could have been asserted in theaction), as between Sanchez against Tishman Speyer, be withdrawn, discontinued, and dismissed, with prejudice, and without rights to appeal, in accordance with Rule 41 of the Federal Rules of Civil Procedure; and (2) Sanchez and Tishman Speyer agree to bear their own attorneys' fees, costs, and disbursements. (Signed by Judge Denise L. Cote on 02/20/2013) (jcs) (Entered: 02/20/2013)
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| 35 |
Filed: 2/9/2011, Entered: None |
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TRANSCRIPT of proceedings held on 1/13/2011 before Judge Denise L. Cote. (ab) (Entered: 02/09/2011)
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| 34 |
Filed: 1/14/2011, Entered: None |
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ORDER that the plaintiffs' October 29, 2010 motion to vacate the stay is denied. SO ORDERED. (Signed by Judge Denise L. Cote on 1/14/2011) (lnl) (Entered: 01/14/2011)
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| 33 |
Filed: 12/6/2010, Entered: None |
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FIRST REPLY MEMORANDUM OF LAW in Support re: 24 FIRST MOTION to Vacate Stay.. Document filed by Sonya Duraku, Julia Inirio, Nieves Sanchez. (Matura, Marijana) (Entered: 12/06/2010)
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| 32 |
Filed: 12/6/2010, Entered: None |
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REPLY AFFIDAVIT of Marijana F. Matura in Support re: 24 FIRST MOTION to Vacate Stay.. Document filed by Sonya Duraku, Julia Inirio, Nieves Sanchez. (Attachments: # 1 Exhibit 10 - Plaintiffs' Counel's letter to the AAA)(Matura, Marijana) (Entered: 12/06/2010)
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| 31 |
Filed: 11/22/2010, Entered: None |
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DECLARATION of Allen B. Roberts, Esq. in Opposition re: 24 FIRST MOTION to Vacate Stay.. Document filed by Tishman Speyer Properties, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Roberts, Allen) (Entered: 11/22/2010)
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| 30 |
Filed: 11/22/2010, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 24 FIRST MOTION to Vacate Stay.. Document filed by Tishman Speyer Properties, Inc.. (Attachments: # 1 Exhibit Unreported Cases)(Roberts, Allen) (Entered: 11/22/2010)
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| 29 |
Filed: 11/22/2010, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #31) - DECLARATION of Allen B. Roberts, Esq. in Support re: 24 FIRST MOTION to Vacate Stay.. Document filed by Tishman Speyer Properties, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Roberts, Allen) Modified on 11/24/2010 (lb). (Entered: 11/22/2010)
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| 28 |
Filed: 11/22/2010, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #30) - MEMORANDUM OF LAW in Support re: 24 FIRST MOTION to Vacate Stay.. Document filed by Tishman Speyer Properties, Inc.. (Attachments: # 1 Exhibit Unreprted Cases)(Roberts, Allen) Modified on 11/24/2010 (lb). (Entered: 11/22/2010)
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| 27 |
Filed: 11/12/2010, Entered: None |
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STIPULATION: 1. Defendant's Opposition to Plaintiffs' Motion to Vacate Stay and any other response will be due on or before November 22, 2010; and 2. Plaintiffs' Reply to Defendant's Opposition will be due on or before December 6, 2010. Set Deadlines as to 24 FIRST MOTION to Vacate Stay: (Responses due by 11/22/2010. Replies due by 12/6/2010.) (Signed by Judge Denise L. Cote on 11/12/10) (db) (Entered: 11/12/2010)
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| 26 |
Filed: 10/29/2010, Entered: None |
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MEMORANDUM OF LAW in Support re: 24 FIRST MOTION to Vacate Stay.. Document filed by Sonya Duraku, Julia Inirio, Nieves Sanchez. (Matura, Marijana) (Entered: 10/29/2010)
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| 25 |
Filed: 10/29/2010, Entered: None |
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DECLARATION of Marijana F. Matura in Support re: 24 FIRST MOTION to Vacate Stay.. Document filed by Sonya Duraku, Julia Inirio, Nieves Sanchez. (Attachments: # 1 Exhibit 1 - Agreement and Protocol, # 2 Exhibit 2 - Email Exchange Scheduling Mediation #1, # 3 Exhibit 3 - Plaintiffs' Counsel's email to Defendant's Counsel in Preparation of Mediation #1, # 4 Exhibit 4 - Mediator's Email Confirming Mediation #2, # 5 Exhibit 5 - Plaintiffs' Counsel Oct. 26, 2010 Email to Defendant's Counsel, # 6 Exhibit 6 - Plaintiff's Counsel's Emails to Mediator on Oct. 26, 2010, # 7 Exhibit 7 - Meginniss, Jr., Esq. Declaration in Support of Union's amicus curiae in Seeman v. Garcie Gardens Owners Corp., et al., # 8 Exhibit 8 - Union's amicus curiae memorandum of law in Seeman v. Gracie Gardens Owners Corp., et al., # 9 Exhibit 9 - Sept. 23, 2010 Order in Seeman v. Gracie Gardens Owners Corp.)(Matura, Marijana) (Entered: 10/29/2010)
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| 24 |
Filed: 10/29/2010, Entered: None |
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FIRST MOTION to Vacate Stay. Document filed by Sonya Duraku, Julia Inirio, Nieves Sanchez.(Matura, Marijana) (Entered: 10/29/2010)
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| 23 |
Filed: 5/27/2010, Entered: None |
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OPINION AND ORDER: #99005 Tishman Speyer's February 1, 2010 motion to compel arbitration of plaintiffs' claims is granted. The motion to dismiss is denied. If plaintiffs wish to pursue their claims, they shall commence mediation and/or arbitration within thirty days of this Opinion in accordance with the protocol set forth in the February 2010 Agreement and the CBA. This action shall be stayed pending the outcome of the arbitration. (Signed by Judge Denise L. Cote on 5/27/2010) (jfe) Modified on 6/2/2010 (ajc). (Entered: 05/28/2010)
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| 22 |
Filed: 4/30/2010, Entered: None |
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MEMORANDUM OF LAW in Support re: 8 MOTION to Compel Arbitration. MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Tishman Speyer Properties, Inc.. (Attachments: # 1 Unreported Cases)(Roberts, Allen) (Entered: 04/30/2010)
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| 21 |
Filed: 4/23/2010, Entered: None |
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REPLY MEMORANDUM OF LAW in Opposition re: 8 MOTION to Compel Arbitration. MOTION to Dismiss Plaintiffs' Complaint. Surreply Memorandum of Law. Document filed by Sonya Duraku, Nieves Sanchez, Julia Inirio. (Kessler, Troy) (Entered: 04/23/2010)
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| 20 |
Filed: 4/16/2010, Entered: None |
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ORDER: It is hereby ordered that plaintiffs shall serve and file no later than April 23, 2010, a surreply of no more than ten pages that addresses the argument in defendant's reply that they should be compelled to mediate and/or arbitrate their claims pursuant to the February 2010 Agreement. It is further ordered that defendant shall serve and file its response, if any, to plaintiffs' surreply no later than April 30, 2010. Defendant's response shall be limited to ten pages or less. It is further ordered that at the time each party serves its motion papers, it shall supply two courtesy copies to Chambers by mailing or delivering them to the United States Courthouse, Room 1040, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 4/16/2010) (jpo) (Entered: 04/16/2010)
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| 19 |
Filed: 3/29/2010, Entered: None |
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DECLARATION of Michael Badowski in Support re: 8 MOTION to Compel Arbitration. MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Tishman Speyer Properties, Inc.. (Attachments: # 1 Exhibit 1)(Roberts, Allen) (Entered: 03/29/2010)
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| 18 |
Filed: 3/29/2010, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 8 MOTION to Compel Arbitration. MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Tishman Speyer Properties, Inc.. (Attachments: # 1 Unreported Cases)(Roberts, Allen) (Entered: 03/29/2010)
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| 17 |
Filed: 3/1/2010, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 8 MOTION to Compel Arbitration. MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Sonya Duraku, Nieves Sanchez, Julia Inirio. (Kessler, Troy) (Entered: 03/01/2010)
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| 16 |
Filed: 3/1/2010, Entered: None |
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DECLARATION of Julia Inirio in Opposition re: 8 MOTION to Compel Arbitration. MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Sonya Duraku, Nieves Sanchez, Julia Inirio. (Attachments: # 1 Exhibit Exhibit 1)(Kessler, Troy) (Entered: 03/01/2010)
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| 15 |
Filed: 3/1/2010, Entered: None |
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DECLARATION of Nieves Sanchez in Opposition re: 8 MOTION to Compel Arbitration. MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Sonya Duraku, Nieves Sanchez, Julia Inirio. (Attachments: # 1 Exhibit Exhibit 1)(Kessler, Troy) (Entered: 03/01/2010)
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| 14 |
Filed: 3/1/2010, Entered: None |
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DECLARATION of Sonya Duraku in Opposition re: 8 MOTION to Compel Arbitration. MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Sonya Duraku, Nieves Sanchez, Julia Inirio. (Attachments: # 1 Exhibit Exhibit 1)(Kessler, Troy) (Entered: 03/01/2010)
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| 13 |
Filed: 3/1/2010, Entered: None |
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DECLARATION of Troy L. Kessler, Esq. in Opposition re: 8 MOTION to Compel Arbitration. MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Sonya Duraku, Nieves Sanchez, Julia Inirio. (Kessler, Troy) (Entered: 03/01/2010)
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| 12 |
Filed: 2/1/2010, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tishman Speyer Properties, Inc..(Roberts, Allen) (Entered: 02/01/2010)
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Filed: 2/1/2010, Entered: None |
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DECLARATION of Michael Badowski in Support re: 8 MOTION to Compel Arbitration. MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Tishman Speyer Properties, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Roberts, Allen) (Entered: 02/01/2010)
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Filed: 2/1/2010, Entered: None |
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DECLARATION of Allen B. Roberts in Support re: 8 MOTION to Compel Arbitration. MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Tishman Speyer Properties, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Roberts, Allen) (Entered: 02/01/2010)
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Filed: 2/1/2010, Entered: None |
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MEMORANDUM OF LAW in Support re: 8 MOTION to Compel Arbitration. MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Tishman Speyer Properties, Inc.. (Roberts, Allen) (Entered: 02/01/2010)
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Filed: 2/1/2010, Entered: None |
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MOTION to Compel Arbitration., MOTION to Dismiss Plaintiffs' Complaint. Document filed by Tishman Speyer Properties, Inc..(Roberts, Allen) (Entered: 02/01/2010)
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| 7 |
Filed: 12/18/2009, Entered: None |
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NOTICE OF APPEARANCE by Anna Alexandra Cohen on behalf of Tishman Speyer Properties, Inc. (Cohen, Anna) (Entered: 12/18/2009)
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Filed: 12/18/2009, Entered: None |
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NOTICE OF APPEARANCE by Amy Joy Traub on behalf of Tishman Speyer Properties, Inc. (Traub, Amy) (Entered: 12/18/2009)
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Filed: 12/18/2009, Entered: None |
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NOTICE OF APPEARANCE by Allen Baron Roberts on behalf of Tishman Speyer Properties, Inc. (Roberts, Allen) (Entered: 12/18/2009)
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| 4 |
Filed: 12/16/2009, Entered: None |
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STIPULATION that defendant shall be granted an extension of time through and including 2/1/10 to file a motion to dismiss and otherwise respond to plaintiffs' complaint. Plaintiffs' opposition to defendant's motion to dismiss and any other response will be due on or before 3/1/10 and defendant's reply to plaintiffs' opposition will be due on or before 3/29/10. The initial pretrial conference, currently scheduled for 1/29/10 at 10:00 a.m. is adjourned sine die. (Signed by Judge Denise L. Cote on 12/16/09) (dle) (Entered: 12/17/2009)
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Filed: 12/15/2009, Entered: None |
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AFFIDAVIT OF SERVICE. Tishman Speyer Properties, Inc. served on 11/30/2009, answer due 12/21/2009. Service was accepted by Donna Christie, Business Document Specialist I. Document filed by Sonya Duraku; Nieves Sanchez; Julia Inirio. (Kessler, Troy) (Entered: 12/15/2009)
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Filed: 11/23/2009, Entered: None |
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NOTICE OF INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 1/29/2010 at 10:00 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 11/23/09) (cd) (Entered: 11/23/2009)
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Filed: 11/12/2009, Entered: None |
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COMPLAINT against Tishman Speyer Properties, Inc.. (Filing Fee $ 350.00, Receipt Number 705457)Document filed by Sonya Duraku, Nieves Sanchez, Julia Inirio.(rdz) (ama). (Entered: 11/13/2009)
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