MANDATE of USCA (Certified Copy) as to (85 in 1:11-cv-05896-DLC, 112 in 1:11-cv-05707-DLC, 112 in 1:11-cv-05621-DLC, 66 in 1:11-cv-09567-DLC, 85 in 1:11-cv-09566-DLC, 688 in 1:11-md-02293-DLC, 77 in 1:11-cv-07323-DLC, 114 in 1:11-cv-05576-DLC, 565 in 1:12-cv-03394-DLC-MHD, 96 in 1:11-cv-05609-DLC, 85 in 1:11-cv-09564-DLC, 71 in 1:11-cv-09562-DLC, 101 in 1:12-cv-06625-DLC, 479 in 1:12-cv-02826-DLC-MHD, 75 in 1:11-cv-09560-DLC, 90 in 1:11-cv-09014-DLC, 29 in 1:11-cv-09350-DLC, 127 in 1:11-cv-09016-DLC, 30 in 1:11-cv-09204-DLC, 84 in 1:11-cv-05898-DLC, 75 in 1:11-cv-08608-DLC, 75 in 1:11-cv-09561-DLC, 57 in 1:12-cv-00476-DLC, 78 in 1:11-cv-09565-DLC, 79 in 1:11-cv-09563-DLC, 79 in 1:11-cv-09559-DLC, 95 in 1:11-cv-05750-DLC, 87 in 1:11-cv-07507-DLC, 71 in 1:11-cv-08329-DLC, 84 in 1:11-cv-05976-DLC, 89 in 1:11-cv-06019-DLC, 82 in 1:11-cv-06079-DLC, 78 in 1:11-cv-07534-DLC) Notice of Appeal, filed by Dianne Young Erwin. USCA Case Number 14-4649.Appellant Dianne Young Erwin moves, pursuant to FRAP 42(b), for voluntary dismissal of her appeal in 14-4649. IT IS HEREBY ORDERED that the motion is GRANTED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/30/2015. Filed In Associated Cases: 1:11-md-02293-DLC et al.(nd) (Entered: 07/31/2015)
NOTICE OF APPEAL from (685 in 1:11-md-02293-DLC) Order, (684 in 1:11-md-02293-DLC) Order. Document filed by Dianne Young Erwin. Filing fee $ 505.00, receipt number 0208-10421257. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit A - Attorney Fee Award, # 2 Exhibit B - Final Judgment)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stein, David) (Entered: 12/17/2014)
NOTICE of Objection to Class Settlement. Document filed by Dianne Young Erwin. (Attachments: # 1 Exhibit, # 2 Exhibit)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stein, David) (Entered: 10/31/2014)
NOTICE OF APPEARANCE by David Stein on behalf of Dianne Young Erwin. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stein, David) (Entered: 10/31/2014)
MEMO ENDORSEMENT in case 1:11-cv-05576-DLC; granting (654) Motion to Withdraw as Attorney. Attorney Geralyn Jeanette Trujillo terminated in case 1:11-md-02293-DLC; granting (541) Motion to Withdraw as Attorney. Attorney Geralyn Jeanette Trujillo terminated in case 1:12-cv-03394-DLC-MHD. (Signed by Judge Denise L. Cote on 8/14/2014) Filed In Associated Cases: 1:11-md-02293-DLC et al. (gr) (Entered: 08/14/2014)
OPINION AND ORDER: Plaintiffs October 11, 2013 motion for class certification is granted; Apples November 15, 2013 motion to exclude Nolls opinions is denied; and plaintiffs January 27, 2014 request to strike portions of Apples sur-reply memorandum of law in opposition to plaintiffs motion for class certification and the sur-reply declarations of Kalt and Orszag is granted in part. (Signed by Judge Denise L. Cote on 3/28/2014) Filed In Associated Cases: 1:11-md-02293-DLC et al.(gr) (Entered: 03/28/2014)
MEMORANDUM OF LAW in Support re: (95 in 1:12-cv-06625-DLC, 451 in 1:11-md-02293-DLC, 346 in 1:12-cv-03394-DLC) MOTION for Settlement Motion for Final Approval of Macmillan and Penguin Settlements.. Document filed by The State of Texas. (Attachments: # 1 Text of Proposed Order Proposed Order and Injunction for Macmillan, # 2 Text of Proposed Order Proposed Order and Injunction for Penguin, # 3 Affidavit Declaration for Kinsella Media, # 4 Affidavit Declaration for Rust Consulting, # 5 Affidavit Declaration for Amazon, # 6 Affidavit Declaration for Barnes and Noble, # 7 Affidavit Declaration for Apple, # 8 Affidavit Declaration for Kobo, # 9 Affidavit Declaration for Sony, # 10 Affidavit Declaration for Google, # 11 Exhibit Consumer Distribution Plan, # 12 Text of Proposed Order Proposed Final Judgment)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) (Entered: 11/21/2013)
MOTION for Settlement Motion for Final Approval of Macmillan and Penguin Settlements. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) (Entered: 11/21/2013)
LETTER MOTION for Leave to File Excess Pages addressed to Judge Denise L. Cote from Rebecca Fisher dated November 19, 2013. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) (Entered: 11/19/2013)
LETTER addressed to Judge Denise L. Cote from Rebecca Fisher dated October 17, 2013 re: Clarification of settlement administration. Document filed by The State of Texas. (Attachments: # 1 Modification to Settlement Agreement)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) (Entered: 10/17/2013)
Attachment 1 Modification to Settlement Agreement)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) (Entered: 10/17/2013
DECLARATION of Kit A. Pierson in Support re: (89 in 1:12-cv-06625-DLC) MOTION for Attorney Fees ,Reimbursement of Expenses, and Participation Awards for Named Plaintiffs.. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) (Entered: 10/08/2013)
MEMORANDUM OF LAW in Support re: (89 in 1:12-cv-06625-DLC) MOTION for Attorney Fees ,Reimbursement of Expenses, and Participation Awards for Named Plaintiffs.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) (Entered: 10/08/2013)
MOTION for Attorney Fees ,Reimbursement of Expenses, and Participation Awards for Named Plaintiffs. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) (Entered: 10/08/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Kit A. Pierson in Support re: (86 in 1:12-cv-06625-DLC) MOTION for Attorney Fees , Reimbursement of Expenses, and Participation Awards for Named Plaintiffs.. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) Modified on 10/8/2013 (db). (Entered: 10/07/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Attorney Fees , Reimbursement of Expenses, and Participation Awards for Named Plaintiffs. Document filed by Class Plaintiffs. (Attachments: # 1 Memorandum)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) Modified on 10/8/2013 (db). (Entered: 10/07/2013)
NOTICE of Withdrawal of Tyler B. McCormick as Counsel. Document filed by The State of Missouri. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(McCormick, Tyler) (Entered: 08/30/2013)
SCHEDULING ORDER: Parties shall provide notice to each other by August 23,2013 of all remaining fact discovery they wish to conduct. Expert Discovery due by 12/13/2013. The following motions will be served by the dates indicatedbelow. Any motion for class certification: Motion served by October 11, 2013. Opposition served by November 15, 2013. Reply served by December 13, 2013. Any motion for summary judgment: Motion served by January 24, 2014. Opposition served by February 14, 2014. Reply served by February 28, 2014. Joint Pretrial Order due by 4/11/2014. The case is placed on the May 2014 trial ready calendar. (Signed by Judge Denise L. Cote on 8/13/2013)Filed In Associated Cases: 1:11-md-02293-DLC et al.(djc) (Entered: 08/14/2013)
MEMORANDUM OF LAW in Support re: (359 in 1:11-md-02293-DLC, 82 in 1:12-cv-06625-DLC, 234 in 1:12-cv-03394-DLC) MOTION for Settlement for Preliminary Approval of Settlements.. Document filed by The State of Texas. (Attachments: # 1 Exhibit Macmillan Settlement Agreement, # 2 Exhibit Penguin Settlement Agreement, # 3 Exhibit Dr. Wickelgren Declaration, # 4 Exhibit Notice Plan, # 5 Exhibit Kinsella Declaration, # 6 Exhibit Rust Declaration, # 7 Exhibit Distribution Plan, # 8 Exhibit Proposed Order for Prel Approval)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) (Entered: 06/21/2013)
MOTION for Settlement for Preliminary Approval of Settlements. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC et al.(Fisher, Rebecca) (Entered: 06/21/2013)
ORDER in case 1:11-cv-05576-DLC; granting (318) Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting (180) Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-03394-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-03394-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09204-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09350-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05576-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05609-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05621-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05707-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05750-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05896-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05898-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05976-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-06019-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-06079-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-07507-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-07534-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-07323-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-08329-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-08608-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09016-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09014-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09559-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09560-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09561-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09562-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09563-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09564-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09565-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09566-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09567-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-00476-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-02826-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-06625-DLC (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) Filed In Associated Cases: 1:11-md-02293-DLC et al.(Cote, Denise) (Entered: 05/07/2013)
ORDER: By letter dated April 25, 2013, plaintiffs in the above-captioned actions inform the Court that they have executed a settlement agreement as to defendants Holtzbrinck Publishers, LLC d/b/a/ Macmillan and Verlagsgruppe Georg Von Holtzbrinck GMBH (collectively, "Macmillan"). It is hereby ORDERED that plaintiffs shall file any motion for preliminary approval of a settlement as to Macmillan by May 24, 2013., ( Motions due by 5/24/2013.) (Signed by Judge Denise L. Cote on 4/26/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(lmb) (Entered: 05/01/2013)
NOTICE of Substitution of Attorney. Old Attorney: Matthew Jackson, New Attorney: Nicholas M. Sydow, Address: Office of the New Mexico Attorney General, P.O. Drawer 1508, Santa Fe, New Mexico, USA 87504-1508, 505-827-6021. Document filed by The State of New Mexico. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Sydow, Nicholas) (Entered: 03/20/2013)
NOTICE OF CHANGE OF ADDRESS by Devin M. Laiho on behalf of The State of Colorado. New Address: Colorado Department of Law, Consumer Protection, 1300 Broadway, Seventh Floor, Denver, CO, USA 80203, 720-508-6000. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Laiho, Devin) (Entered: 02/22/2013)
ORDER: By letter dated February 13, 2013, class plaintiffs request the Court's assistance in settling a discovery dispute with respect to non-party Walter Isaacson ("Isaacson"). Having reviewed class plaintiffs' February 13 letter and the letter in response submitted by counsel for Isaacson on February 18, it is hereby ORDERED that a teleconference regarding the discovery dispute with Isaacson will be held on Friday, February 22 at 3:30p.m. Counsel representing parties in any related litigation may also participate in the teleconference. (Telephone Conference set for 2/22/2013 at 03:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 02/19/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(jcs) (Entered: 02/19/2013)
ORDER GRANTING MOTION TO WITHDRAW ATTORNEY APPEARANCE: in case 1:11-cv-05576-DLC; granting (282) Motion to Withdraw as Attorney. BEFORE THE COURT is a Motion by Hollis Salzman, Kellie Lerner and Bernard Persky to withdraw their appearances as Counsel for Plaintiffs. The motion is GRANTED. Hollis Salzman, Kellie Lerner and Bernard Persky shall be removed as attorneys for Plaintiffs. I direct the clerk to terminate all ECF noticing for them in the above referenced action.(Signed by Judge Denise L. Cote on 2/15/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(ama) (Entered: 02/15/2013)
NOTICE OF CHANGE OF ADDRESS by Jay L. Himes on behalf of Robert Cheatham. New Address: Labaton Sucharow LLP, 140 Broadway, New York, New York, USA 10005, 212-907-0834. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Himes, Jay) (Entered: 02/15/2013)
AGREED ORDER FOR CONFIDENTIALITY RELATED TO INFORMATION PROVIDED UNDER ORDER AND STIPULATED INJUCTION...regarding procedures to be followed that shall govern the handling of confidential material...(Signed by Judge Denise L. Cote on 2/15/2013) filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(djc) (Entered: 02/15/2013)
NOTICE OF APPEARANCE by Jay L. Himes on behalf of Robert Cheatham Filed In Associated Cases: 1:11-md-02293-DLC et al.(Himes, Jay) (Entered: 02/15/2013)
JOINT MOTION for Confidentiality Order Related to Information Provided Under Order and Stipulated Injunction. Document filed by Harpercollins Publishers, LLC.(Eckles, Paul) (Entered: 02/14/2013)
FINAL JUDGMENT settling action. (Signed by Judge Denise L. Cote on 2/8/13) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(ml) (Entered: 02/08/2013)
ORDER AND STIPULATED INJUNCTION: NOW THEREFORE, before any testimony is taken, without trial or adjudication of any issue of fact or law, and upon consent of Defendants, it is ORDERED, ADJUDGED, AND DECREED:This Court has jurisdiction over the subject matter of this action and over the Defendants. The Complaint states a claim upon which relief may be granted against Defendants under Section 1 of the Sherman Act, as amended, 15 U.S.C. § 1. Unless this Court grants an extension, this Order and Stipulated Injunction shall expire five years from the date of the entry of the DOJ Final Judgment (Signed by Judge Denise L. Cote on 2/8/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(js) (Entered: 02/08/2013)
MOTION for and Memorandum in Support of Final Approval of Settlement Agreements and Revised Distribution Plan. Document filed by Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Buchweitz, Yehudah) (Entered: 01/28/2013)
MEMORANDUM OF LAW in Support re: 67 MOTION for Settlement Request for Final Approval.. Document filed by The State of Texas. (Attachments: # 1 Exhibit Hachette Settlment Agreement, # 2 Exhibit Harper Collins Settlement Agreement, # 3 Exhibit Simon & Schuster Settlement Agreement, # 4 Exhibit Declaration for Kinsella Media, # 5 Exhibit Declaration for Rust Consulting, # 6 Exhibit Declaration for Amazon, # 7 Exhibit Declaration for Barnes & Noble, # 8 Exhibit Declaration for Apple, # 9 Exhibit Declaration for Kobo, # 10 Exhibit Declaration for Sony, # 11 Exhibit Declaration for Google, # 12 Exhibit Revised Distribution Plan, # 13 Exhibit Affidavit of Prof. Wickelgrn, # 14 Exhibit Proposed Order and Stipulated Injunction, # 15 Exhibit Proposed Final Judgment)(Fisher, Rebecca) (Entered: 01/28/2013)
NOTICE OF CHANGE OF ADDRESS by Charles Scott Lent on behalf of Harpercollins Publishers, LLC. New Address: Arnold & Porter LLP, 399 Park Avenue, New York, New York, U.S.A. 10022, 212-715-1000. (Lent, Charles) (Entered: 01/24/2013)
ORDER: By letter dated January 7, 2013, class plaintiffs request the Court's assistance in enforcing a subpoena served by plaintiffs on non-party Baker & Taylor, Inc. ("Baker & Taylor") It is hereby ORDERED that a teleconference regarding the enforcement of the Baker & Taylor subpoena will be held on Thursday, January 17 at 3:30 p.m. IT IS FURTHER ORDERED that class plaintiffs and Baker & Taylor shall confer with each other in advance of the January 17 teleconference. Counsel representing parties in any related litigation may also participate in the teleconference., ( Telephone Conference set for 1/17/2013 at 03:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 1/8/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(lmb) (Entered: 01/08/2013)
Letter from Chrisman Lau dated 12/7/2012 re: To inform you of my objection to the Settlement Texas et al. v. Hachette Book Group et al.. (rdz) (Entered: 12/21/2012)
SUPPLEMENTAL STIPULATED PROTECTIVE ORDER RE: AMAZON DATA PRODUCTION... regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 11/30/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(rjm) (Entered: 11/30/2012)
Letter addressed to Judge Denise L. Cote from Greg Johnson dated 11/1/2012 re: Mr. Johnson objects to the settlement in Texas et al v. Hachette Book Group et al Case No. 12-cv-6625. he objects to the settlement with all parties involved, including Hachette, HarperCollins, and Simon & Schuster. Mr. Johnson objects to settlement because he believes that under the terms of the agreement, consumer e-book selling will be unfairly controlled by one retailer, Amazon.com, who presently has 90% of the market in e-books. If he had a competitive retailer market for ebooks. then the agency model may be unfair. But without the agency model the pricing is left to one retailer, who can then further block competition from other retailers and have unreasonable control of the book publishing industry. (js) (Entered: 11/29/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 10/9/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) 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 may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly) (Entered: 11/14/2012)
Redaction of (72 in 1:11-cv-06019-DLC, 49 in 1:11-cv-09567-DLC, 68 in 1:11-cv-09564-DLC, 110 in 1:11-cv-09016-DLC, 54 in 1:11-cv-09562-DLC, 68 in 1:11-cv-09566-DLC, 62 in 1:11-cv-09559-DLC, 61 in 1:11-cv-09565-DLC, 79 in 1:11-cv-05609-DLC, 95 in 1:11-cv-05707-DLC, 54 in 1:12-cv-06625-DLC, 96 in 1:11-cv-05576-DLC, 78 in 1:11-cv-05750-DLC, 67 in 1:11-cv-05976-DLC, 54 in 1:11-cv-08329-DLC, 70 in 1:11-cv-07507-DLC, 58 in 1:11-cv-09561-DLC, 65 in 1:11-cv-06079-DLC, 73 in 1:11-cv-09014-DLC, 40 in 1:12-cv-00476-DLC, 56 in 1:11-cv-08608-DLC, 67 in 1:11-cv-05898-DLC, 147 in 1:12-cv-02826-DLC, 61 in 1:11-cv-07534-DLC, 68 in 1:11-cv-05896-DLC, 256 in 1:11-md-02293-DLC, 60 in 1:11-cv-07323-DLC, 58 in 1:11-cv-09560-DLC, 95 in 1:11-cv-05621-DLC, 129 in 1:12-cv-03394-DLC, 62 in 1:11-cv-09563-DLC) Transcript,, Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly) (Entered: 11/14/2012)
ENDORSED LETTER addressed to Judge Denise L. Cote from Walter B. Stuart dated 10/26/2012 re: Settling Defendants therefore request that Your Honor extend their time to move, answer, or otherwise respond to the Parens Settlement Complaint until thirty (30) days after a ruling on final settlement approval, if necessary. We have conferred with liaison counsel for the Attorneys General, and they agree to this request. ENDORSEMENT: Granted.(Signed by Judge Denise L. Cote on 11/5/2012) (djc) (Entered: 11/05/2012)
ENDORSED LETTER: addressed to Judge Denise L. Cote from Walter B. Stuart dated 10/26/2012 re: Counsel for defendant request that Your Honor extend the time for settling defendants to move, answer, or otherwise respond to the Parens settlement Complaint until thirty (30) days after a ruling on final settlement approval, if necessary. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Denise L. Cote on 11/5/2012) (js) (Entered: 11/05/2012)
Letter addressed to Judge Denise L. Cote from Daniel F. McInnis dated 10/25/2012 re: Request for a premotion conference. Document filed by Penguin Group (USA), Inc.Filed In Associated Cases: 1:11-md-02293-DLC et al.(ad) (Entered: 11/01/2012)
TRANSCRIPT of Proceedings re: conference held on 10/9/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. 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. Redaction Request due 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly) (Entered: 10/24/2012)
NOTICE OF APPEARANCE by Jonathan Adam Mark on behalf of The State of Washington Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Mark, Jonathan) (Entered: 10/16/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/10/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) 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 may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly) (Entered: 10/12/2012)
TRANSCRIPT of Proceedings re: CONFERNCE held on 9/10/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. 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. Redaction Request due 11/5/2012. Redacted Transcript Deadline set for 11/16/2012. Release of Transcript Restriction set for 1/14/2013.Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly) (Entered: 10/12/2012)
NOTICE OF APPEARANCE by Chuck R. Munson on behalf of The State of Montana Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Munson, Chuck) (Entered: 10/11/2012)
NOTICE OF APPEARANCE by Charles Edmond Brasington on behalf of The Commonwealth of the Northern Mariana Islands Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Brasington, Charles) (Entered: 10/10/2012)
NOTICE OF APPEARANCE by Rhaiza Velez on behalf of The Commonwealth of Puerto Rico Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Velez, Rhaiza) (Entered: 10/10/2012)
NOTICE OF APPEARANCE by Rodney I. Kimura on behalf of The State of Hawaii Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Kimura, Rodney) (Entered: 10/09/2012)
NOTICE OF APPEARANCE by Sarah Oxenham Allen on behalf of The Commonwealth of Virginia Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Allen, Sarah) (Entered: 10/09/2012)
NOTICE OF APPEARANCE by James M. Steinwinder on behalf of The State of Alabama Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Steinwinder, James) (Entered: 10/09/2012)
NOTICE OF APPEARANCE by Christina Moylan on behalf of The State of Maine Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Moylan, Christina) (Entered: 10/09/2012)
NOTICE OF APPEARANCE by Jah-Juin Ho on behalf of The State of New Jersey Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Ho, Jah-Juin) (Entered: 10/09/2012)
NOTICE OF APPEARANCE by Paula Lauren Gibson on behalf of The State of California Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Gibson, Paula) (Entered: 10/08/2012)
NOTICE OF APPEARANCE by Brian Gerard Armstrong on behalf of The State of Nevada Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Armstrong, Brian) (Entered: 10/08/2012)
NOTICE OF APPEARANCE by Michael Allen Kakuk on behalf of The State of Oregon Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Kakuk, Michael) (Entered: 10/08/2012)
NOTICE OF APPEARANCE by Gwendolyn Jean Cooley on behalf of The State of Wisconsin Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Cooley, Gwendolyn) (Entered: 10/08/2012)
NOTICE OF APPEARANCE by Jenny Draffin Smith on behalf of The State of South Carolina Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Smith, Jenny) (Entered: 10/08/2012)
NOTICE OF APPEARANCE by Michael Andrew Delaware Department of Justice on behalf of The State of Delaware Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Delaware Department of Justice, Michael) (Entered: 10/08/2012)
NOTICE OF APPEARANCE by Elin S Alm on behalf of The State of North Dakota Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Alm, Elin) (Entered: 10/08/2012)
NOTICE OF APPEARANCE by James Palmer on behalf of The State of Utah Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Palmer, James) (Entered: 10/05/2012)
NOTICE OF APPEARANCE by Matthew Ryan Hull on behalf of The Commonwealth of Virginia Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Hull, Matthew) (Entered: 10/05/2012)
WAIVER OF SERVICE RETURNED EXECUTED. Simon & Schuster, Inc. waiver sent on 8/30/2012, answer due 10/29/2012. Document filed by The State of Ohio. (Johnson, Doreen) (Entered: 10/03/2012)
WAIVER OF SERVICE RETURNED EXECUTED. Simon & Schuster Digital Sales, Inc. waiver sent on 8/30/2012, answer due 10/29/2012. Document filed by The State of Ohio. (Johnson, Doreen) (Entered: 10/03/2012)
WAIVER OF SERVICE RETURNED EXECUTED. Harpercollins Publishers, LLC waiver sent on 8/30/2012, answer due 10/29/2012. Document filed by The State of Ohio. (Johnson, Doreen) (Entered: 10/03/2012)
WAIVER OF SERVICE RETURNED EXECUTED. Hachette Book Group, Inc. waiver sent on 8/30/2012, answer due 10/29/2012. Document filed by The State of Ohio. (Johnson, Doreen) (Entered: 10/03/2012)
STATUS REPORT. re Settlement Distribution and Notice Plans Document filed by The State of Texas. (Attachments: # 1 Exhibit Revised Distribution Plan, # 2 Exhibit Revised Notice Plan)(Fisher, Rebecca) (Entered: 10/01/2012)
[CORRECTED] ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENTS: re: (15 in 1:12-cv-06625-DLC. The terms of the Settlement Agreements and the Distribution Plan are hereby preliminarily approved and notice of them shall be given as provided in this Order, and as further set forth. A hearing on final settlement approval (the "Fairness Hearing") is hereby scheduled to be held before the undersigned on February 8, 2013 at 10:00 a.m. Eastern Standard Time in Courtroom No. 15B, United States Courthouse, 500 Pearl Street, New York, NY, 10007-1312 to consider the fairness, reasonableness and adequacy of the Settlements, the dismissal with prejudice of this action as to the Defendants, and the entry of final judgment in this action, and as further set forth. ( Fairness Hearing set for 2/8/2013 at 10:00 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/17/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC (djc) (Entered: 09/19/2012)
19
Filed: None, Entered: None
18
Filed: 9/17/2012, Entered: None
Letter addressed to Judge Denise L. Cote from Rebecca Fisher dated 9/17/2012 re: Liaison Counsel for Plaintiff States received the signed Order Preliminarily Approving the Proposed Settlements last Friday. We greatly appreciate the opportunity to proceed to give notice of the settlements to consumers and will do so will all diligence. (djc) (Entered: 09/18/2012)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: (3 in 1:12-cv-06625-DLC) MOTION to Approve of Settlements and Proposed Notice and Distribution Plans. (SECOND SUPPLEMENTAL MEMO AND SUPPLEMENTAL APPENDICES). Document filed by The State of Texas. (Attachments: # 1 Supplement Appendix H, # 2 Supplement Appendix J, # 3 Supplement Appendix K, # 4 Supplement Appendix L)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) (Entered: 09/14/2012)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: (3 in 1:12-cv-06625-DLC) MOTION to Approve of Settlements and Proposed Notice and Distribution Plans.. Document filed by The State of Texas. (Attachments: # 1 Appendix F, # 2 Appendix H, # 3 Appendix J, # 4 Appendix K, # 5 Affidavit L)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) (Entered: 09/14/2012)
ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENTS. The terms of the Settlement Agreements and the Distribution Plan are hereby preliminarily approved and notice of them shall be given as provided in this Order, and as further set forth. A hearing on final settlement approval (the "Fairness Hearing") is hereby scheduled to be held before the undersigned on February 8, 2013 at 10:00 a.m. Eastern Standard Time in Courtroom No. 15B, United States Courthouse, 500 Pearl Street, New York, NY, 10007-1312 to consider the fairness, reasonableness and adequacy of the Settlements, the dismissal with prejudice of this action as to the Defendants, and the entry of final judgment in this action, and as further set forth. (Fairness Hearing set for 2/8/2013 at 10:00 AM in Courtroom 15B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/13/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(rjm) (Entered: 09/14/2012)
Letter addressed to Judge Denise L. Cote from Walter B. Stuart dated 9/13/2012 re: I write on behalf of my client, Hachette Book Group, Inc., and other Settling Defendants, HarperCollins Publishers, L.L.C. and Simon & Schuster, Inc., in the above-captioned case. On the conference call of September 12, 2012, the Court directed the Parties to edit the "Proposed Order Preliminarily Approving Proposed Settlements" ("Proposed Order"). The Court directed Rebecca Fisher to remove the words "the superior" from Paragraph 3 under the heading "General Findings" on page two of the Proposed Order, and as further specified in this letter. (rjm) (Entered: 09/14/2012)
Letter addressed to Judge Denise L. Cote from Shepard Goldfein dated 9/12/2012 re: Per your request and to further clarify the discussion with the Court during the September 10, 2012 telephonic conference regarding the impact of the parens settlements on the remaining parens cases against the non-settling defendants, I am providing additional information regarding the proper calculation of damages (should such calculation be necessary) in light of the settlements reached between Attorneys General for forty-nine States and six U.S. territories on the one hand and HarperCollins Publishers, L.L.C. ("HarperCollins"), Simon & Schuster, Inc. ("Simon & Schuster") and Hachette Book Group, Inc. ("Hachette") on the other. (rjm) (Entered: 09/14/2012)
Letter addressed to Judge Denise L. Cote from Rebecca Fisher dated 9/13/2012 re: In response to comments you made during our call yesterday, Plaintiff States revised and attach (to the cover email for this letter) the following revised documents: 1) Exhibits A, B, and D to the Notice Plan (Appendix H to Memorandum in Support of Plaintiff States' Motion for Preliminary Approval of Settlements and Proposed Consumer Notice and Distribution Plans); 2) The Proposed Order for Preliminary Approval (Appendix J to the Memorandum in Support); and 3) The Claim Form and the Exclusion Form referred to in the various notices, and as further specified in this letter. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(rjm) (Entered: 09/14/2012)
MEMORANDUM OF LAW in Support re: 3 MOTION to Approve of Settlements and Proposed Notice and Distribution Plans.. Document filed by The State of Ohio. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D, # 5 Appendix E, # 6 Appendix F, # 7 Appendix G, # 8 Appendix H, # 9 Appendix I, # 10 Appendix J)(Johnson, Doreen) (Entered: 09/13/2012)
ORDER: These cases involve alleged anticompetitive conduct bydefendants, including companies that publish electronic books.During a conference held on December 20, 2011, the Court notified counsel for all parties that it has purchased electronic books. By Order of that same day, the Court waived any interest it might have in the putative class action. It is hereby ORDERED that the Court waives as well any interest it might have in the above-captioned parens patriae lawsuits, The State of Texas, et al. v. Penguin Group (USA) Inc., et al., 12 Civ. 3394 (DLC) and The State of Texas, et al. v. Hachette Book Group Inc., et al., 12 Civ. 6625 (DLC). (Signed by Judge Denise L. Cote on 9/10/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(ago) (Entered: 09/10/2012)
ENDORSED LETTER addressed to Judge Denise L. Cote from Rebecca Fisher dated 9/6/2012 re: Rebecca Fisher of the Texas Attorney General's Office writes to request the Court waiver the requirements for admission pro hac vice for all attorneys representing the Plaintiff States who are not already admitted to practice in the Southern District of New York. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 9/7/2012) (ago) (Entered: 09/10/2012)
ORDER: It is hereby ORDERED that a telephone conference regarding the August 29 motion will be held on September 10, 2012 at 4:00 P.M. IT IS FURTHER ORDERED that any parties in the above-captioned actions who wish to appear at the September 10 telephone conference shall contact the offices of plaintiff states' liaison counsel, Rebecca Fisher, the State of Texas Attorney General's Office, P.O. Box 12548, Austin, TX 78711, 512-463-1265. ( Telephone Conference set for 9/10/2012 at 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/6/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(jfe) (Entered: 09/07/2012)
NOTICE OF APPEARANCE by Yehudah Lev Buchweitz on behalf of Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc. (Buchweitz, Yehudah) (Entered: 08/31/2012)
MOTION for Preliminary Approval of Settlements and Proposed Notice and Distribution Plans. Document filed by The Commonwealth of Kentucky, The Commonwealth of Massachusetts, The Commonwealth of Pennsylvania, The Commonwealth of Puerto Rico, The Commonwealth of Virginia, The Commonwealth of the Northern Mariana Islands, The District of Columbia, The State of Alabama, The State of Alaska, The State of Arizona, The State of Arkansas, The State of California, The State of Colorado, The State of Connecticut, The State of Delaware, The State of Florida, The State of Georgia, The State of Hawaii, The State of Idaho, The State of Illinois, The State of Indiana, The State of Iowa, The State of Kansas, The State of Louisiana, The State of Maine, The State of Maryland, The State of Michigan, The State of Mississippi, The State of Missouri, The State of Montana, The State of Nebraska, The State of New Hampshire, The State of New Jersey, The State of New Mexico, The State of New York, The State of North Carolina, The State of North Dakota, The State of Ohio, The State of Oklahoma, The State of Oregon, The State of Rhode Island, The State of South Carolina, The State of South Dakota, The State of Tennessee, The State of Texas, The State of Utah, The State of Vermont, The State of Washington, The State of West Virginia, The State of Wisconsin, The State of Wyoming, The Territory of American Samoa, The Territory of Guam, The Territory of the Virgin Islands.(mro) (Entered: 08/31/2012)
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (mro) (Entered: 08/31/2012)
COMPLAINT against Hachette Book Group, Inc., Harpercollins Publishers, LLC, Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc. (Filing Fee $ 350.00, Receipt Number 1047496)Document filed by The State of New Jersey, The State of New Hampshire, The State of Kansas, The State of Arizona, The Commonwealth of Massachusetts, The State of Idaho, The State of Connecticut, The State of Texas, The State of Illinois, The State of Montana, The State of Hawaii, The State of South Carolina, The State of Michigan, The State of Maryland, The State of Mississippi, The State of Oregon, The State of Iowa, The State of Georgia, The Commonwealth of Virginia, The State of Maine, The State of Colorado, The State of Nebraska, The State of New York, The State of Delaware, The State of Wisconsin, The State of Vermont, The Commonwealth of Puerto Rico, The Commonwealth of Kentucky, The State of Tennessee, The State of Florida, The State of Louisiana, The State of Missouri, The Territory of American Samoa, The Territory of the Virgin Islands, The State of Oklahoma, The State of Ohio, The State of North Carolina, The State of Washington, The State of California, The District of Columbia, The Commonwealth of Pennsylvania, The Territory of Guam, The State of Utah, The State of West Virginia, The Commonwealth of the Northern Mariana Islands, The State of Arkansas, The State of Alabama, The State of New Mexico, The State of South Dakota, The State of North Dakota, The State of Rhode Island, The State of Indiana, The State of Wyoming, The State of Alaska.(mro) (Entered: 08/31/2012)
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