Name: USA, et al v. Zdeblick, et al :: Tennessee Western District Court :: Federal Civil Lawsuit No. 2:03-cv-02979, Judge Bernice B. Donald presiding
Creator: Tennessee Western District Court
Published: 2003-12-29
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Tennessee Western District Court

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104	Filed: 3/9/2009, Entered: 3/11/2009	USCA Mandate
	MANDATE of USCA as to 88 Notice of Appeal filed by Jacqueline Kay Poteet (vjm) (Entered: 03/11/2009)
	Request

103	Filed: 1/29/2009, Entered: 1/29/2009	USCA Order
	ORDER of USCA as to 88 Notice of Appeal filed by Jacqueline Kay Poteet (vjm) (Entered: 01/29/2009)
	Request

102	Filed: 1/14/2009, Entered: 1/21/2009	USCA Order
	ORDER of USCA as to 88 Notice of Appeal filed by Jacqueline Kay Poteet (vjm) (Entered: 01/21/2009)


101	Filed: 1/30/2008, Entered: 1/30/2008	Order on Sealed Motion +
	ORDER granting 91 Sealed Motion. Signed by Judge Bernice B. Donald on 01/30/2008. (Donald, Bernice) (Entered: 01/30/2008)
	Request

100	Filed: 11/16/2007, Entered: 11/16/2007	Notice of Correction
	Notice of Correction to 98 Stipulation supplementing record on appeal under seal. (Attachments: # 1 Exhibit A)(Gibson, Everett) (Entered: 11/16/2007)
	Request

99	Filed: 11/15/2007, Entered: 11/15/2007	Deficiency Notice
	DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 98 Stipulation filed by Jacqueline Kay Poteet has been filed. However, the following deficiency has been found: Please note the proper ecf attorney is not reflected on the document. You will need to go under 'notice' then 'notice of correction' category and submit the correct signature and 'certificate of service page' only. Thanks and if you have questions please call 901-495-1505... The filer has one business day to correct the deficiency. (jml, ) (Entered: 11/15/2007)
	Request

98	Filed: 11/13/2007, Entered: 11/13/2007	Stipulation
	SEALED STIPULATION Supplementing Record on Appeal Under Seal by Jacqueline Kay Poteet. (Attachments: # 1 Exhibit A)(Gibson, Everett) Modified on 11/13/2007 (cas). (Entered: 11/13/2007)


97	Filed: 10/2/2007, Entered: 10/3/2007	Evidentiary Hearing
	Minute Entry for proceedings held before Judge Bernice B. Donald : Hearing on Redactions held on 10/2/2007; Court heard from parties as to redactions to Complaint; Court rules on redactions page-by-page; Court orders that names of individual doctors be redacted from complaint without prejudice to Govt revisting the issue after the appeal; Atty Zamoff request grace period to speak with client- Granted- Court will allow grace period until Friday, 10/5/2007; Govt instructed to draft order/submit to dfts for review- then electronically submit to Court. (Plf Attys: H. Halmon, D. Wade, D. Cohen via phone; Dfts Attys: N. Bicks, M. Zamoff via phone) (Court Reporter Lynn Dudley.)(9:55-11:04/11:13-11:19) (tlh, ) (Entered: 10/03/2007)
	Request

96	Filed: 9/27/2007, Entered: 9/27/2007	Setting Letter
	SETTING LETTER: Hearing on Redactions set for 10/2/2007 10:00 AM in Courtroom 3 - Memphis before Judge Bernice B. Donald. (tlh, ) (Entered: 09/27/2007)
	Request

95	Filed: 9/21/2007, Entered: 9/21/2007	~Notice (other)
	NOTICE OF CANCELLATION: Hearing on Redactions set for 9/24/2007 10:30 AM in Courtroom 3 - Memphis before Judge Bernice B. Donald has been CANCELLED. Hearing to be reset by separate notice from the Court. (tlh, ) (Entered: 09/21/2007)
	Request

94	Filed: 9/21/2007, Entered: 9/21/2007	Setting Letter
	SETTING LETTER: Hearing on Redactions set for 9/24/2007 10:30 AM in Courtroom 3 - Memphis before Judge Bernice B. Donald. (tlh, ) (Entered: 09/21/2007)
	Request

93	Filed: 9/5/2007, Entered: 9/13/2007	Evidentiary Hearing
	Minute Entry for proceedings held before Judge Bernice B. Donald : Motion Hearing held on 9/5/2007; Court heard Govt motion to unseal complaint; Dft oppose; Court Grants motion- complaint to be redacted; Govt ordered to submit proposed redacted order to dft for review- Dft to notify Govt within 5 days of any objections; Court will hold hearing if necessary. (Plf Atty: D. Cohen-via phone, H. Halmon, D. Wade, A. Carr; Dft Atty: N. Bicks, M. Zamoff) (Court Reporter Lynn Dudley.)(8:17-9:02) (tlh, ) (Entered: 09/13/2007)
	Request

92	Filed: 8/29/2007, Entered: 8/29/2007	Setting Letter
	SETTING LETTER: Motion Hearing set for 9/5/2007 08:15 AM in Courtroom 3 - Memphis before Judge Bernice B. Donald. (tlh, ) (Entered: 08/29/2007)
	Request

91	Filed: 7/25/2007, Entered: 7/25/2007	Sealed Motion +
	SEALED MOTION for Partial Lifting of Seal and Memorandum in Support submitted with proposed Order by USA. (Halmon, Harriett) (Entered: 07/25/2007)


90	Filed: 2/27/2007, Entered: 2/27/2007	Judgment*
	JUDGMENT In accordance with the Order Granting United States' Motion To Dismiss entered on 1/23/2007, this cause is hereby dismissed. Signed by Judge Bernice B. Donald on 2/27/2007. (Donald, Bernice) (Entered: 02/27/2007)


89	Filed: 2/16/2007, Entered: 2/16/2007	USCA Appeal Fees
	USCA Appeal Fees received $ 455.00 receipt number M106091 re 88 Notice of Appeal filed by Jacqueline Kay Poteet, (agj, ) (Entered: 02/16/2007)
	Request

88	Filed: 2/5/2007, Entered: 2/5/2007	Notice of Appeal
	NOTICE OF APPEAL as to 85 Order on Sealed Motion, 87 Order on Motion for Reconsideration by Jacqueline Kay Poteet. . (Gibson, Everett) Modified on 2/7/2007 (jml, ) as to FF only. (Entered: 02/05/2007)
	Request

87	Filed: 2/1/2007, Entered: 2/1/2007	Order on Motion for Reconsideration
	ORDER denying 86 Motion for Reconsideration re 85 Order on Sealed Motion filed by Jacqueline Kay Poteet, . Signed by Judge Bernice B. Donald on 2/1/07. (Donald, Bernice) (Entered: 02/01/2007)
	Request

86	Filed: 1/26/2007, Entered: 1/26/2007	Motion for Reconsideration
	MOTION for Reconsideration re 85 Order on Sealed Motion by Jacqueline Kay Poteet. (Attachments: # 1 Memorandum in support of motion to reconsider order of dismissal# 2 Exhibit Settlement Agreement# 3 Exhibit Amendment to Settlement Agreement# 4 Exhibit Second Amendment to settlement agreement# 5 Exhibit Third amendment to settlement agreement)(Gibson, Everett) (Entered: 01/26/2007)
	Request

85	Filed: 1/23/2007, Entered: 1/23/2007, Terminated: 2/1/2007	Order on Sealed Motion +
	SEALED ORDER granting 53 Motion to Dismiss. Signed by Judge Bernice B. Donald on 1/23/07. (Donald, Bernice) (Entered: 01/23/2007)


83	Filed: 11/29/2006, Entered: 11/29/2006	Order on Sealed Motion +
	ORDER granting 63 Sealed Motion. Signed by Judge Jon Phipps McCalla on 11/29/06. (McCalla, Jon) (Entered: 11/29/2006)
	Request

81	Filed: 10/4/2006, Entered: 10/4/2006	Sealed Document +
	Sealed Document. (Halmon, Harriett) (Entered: 10/04/2006)


80	Filed: 9/19/2006, Entered: 9/19/2006	Order
	ORDER GRANTING LEAVE TO FILE SUPPLEMENTAL MEMORANDUM. Signed by Judge Jon Phipps McCalla on 9/18/06. (McCalla, Jon) (Entered: 09/19/2006)


79	Filed: 9/11/2006, Entered: 9/11/2006	Motion for Leave to File
	Supplemental MOTION for Leave to File supplemental memorandum, proposed order submitted (UNDER SEAL) by USA. (Attachments: # 1 Memorandum in support of motion for leave to file supplemen)(Gibson, Everett) (Entered: 09/11/2006)
	Request

78	Filed: 9/11/2006, Entered: 9/11/2006	Sealed Document +
	Sealed Document. Opposition to Motion for Production and Discovery by USA (Halmon, Harriett) re 72 ; Modified as to title of document and docket entry relationships on 9/11/2006 (ehg, ). (Entered: 09/11/2006)


77	Filed: 9/6/2006, Entered: 9/6/2006	Sealed Response to Motion
	SEALED RESPONSE to Motion re 64 SEALED MOTION proposed order submitted filed by USA. (Halmon, Harriett) (Entered: 09/06/2006)


76	Filed: 9/6/2006, Entered: 9/6/2006	Order on Sealed Motion +
	Text-only Order -- ORDER granting 74 Motion for Leave to File Response to Relators' Supplemental Memorandum. Signed by Judge Jon Phipps McCalla on 9/6/06. (McCalla, Jon) (Entered: 09/06/2006)
	Request

75	Filed: 8/30/2006, Entered: 8/30/2006	Courtesy Notice
	COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 74 SEALED MOTION for Leave to File Response to Relator's Supplemental Memorandum submitted with proposed Order filed by USA, has been filed. For future reference, please note : Document does not contain electronic signature of filer. Filer is not required to resubmit document. (jae, ) (Entered: 08/30/2006)
	Request

74	Filed: 8/30/2006, Entered: 8/30/2006	Sealed Motion +
	SEALED MOTION for Leave to File Response to Relator's Supplemental Memorandum submitted with proposed Order by USA. (Attachments: # 1 Exhibit Copy of Proposed Response)(Halmon, Harriett) (Entered: 08/30/2006)


73	Filed: 8/28/2006, Entered: 8/28/2006	Deficiency Notice
	DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 71 MOTION to Produce Memorandum in support of motion to produce discovery filed by USA, has been filed. However, the following deficiency has been found: Document was submitted as a "Motion", but is a memorandum in support of motion to produce discovery and should have been attached to the motion 70 , not published as a separate document. Document has been termed. Motion was resubmitted with memorandum attached, therefore, first motion will be termed. (jae, ) (Entered: 08/28/2006)
	Request

69	Filed: 8/22/2006, Entered: 8/22/2006	Order on Sealed Motion +
	Text-only Order -- ORDER granting 64 Motion for Leave to File Supplemental Memorandum. Signed by Judge Jon Phipps McCalla on 8/22/06. (McCalla, Jon) (Entered: 08/22/2006)
	Request

68	Filed: 8/21/2006, Entered: 8/21/2006	Sealed Response to Motion
	SEALED RESPONSE to Motion re 53 SEALED MOTION to Dismiss submitted with proposed Order filed by USA. (Attachments: # 1 Exhibit Subpoena)(Halmon, Harriett) (Entered: 08/21/2006)


67	Filed: 8/21/2006, Entered: 8/21/2006	Deficiency Notice
	DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 64 SEALED MOTION proposed order submitted filed by Jacqueline Kay Poteet, has been filed. However, the following deficiency has been found: Filer did not indicate if the proposed order was submitted to chambers. Proposed documents are not to be submitted to the docket, but only sent to chambers. The filer should email proposed order if not already done so. (jae, ) (Entered: 08/21/2006)
	Request

66	Filed: 8/21/2006, Entered: 8/21/2006	Sealed Response to Motion
	SEALED RESPONSE to Motion re 63 SEALED MOTION submitted with Proposed Order CORRECTED filed by Jacqueline Kay Poteet. (Attachments: # 1 Memorandum In Support of Response)(Gibson, Everett) (Entered: 08/21/2006)


65	Filed: 8/21/2006, Entered: 8/21/2006	Sealed Response to Motion
	SEALED RESPONSE to Motion re 63 SEALED MOTION submitted with Proposed Order filed by Jacqueline Kay Poteet. (Attachments: # 1 Memorandum In Support of Response)(Carr, Andrew) (Entered: 08/21/2006)


64	Filed: 8/21/2006, Entered: 8/21/2006	Sealed Motion +
	SEALED MOTION proposed order submitted by Jacqueline Kay Poteet. (Attachments: # 1 Memorandum In Support of Motion# 2 Appendix Proposed Order)(Carr, Andrew) (Entered: 08/21/2006)


63	Filed: 8/18/2006, Entered: 8/18/2006	Sealed Motion +
	SEALED MOTION submitted with Proposed Order by USA. (Attachments: # 1 Memorandum)(Halmon, Harriett) (Entered: 08/18/2006)


62	Filed: 8/18/2006, Entered: 8/18/2006	Deficiency Notice
	DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 61 Sealed Document has been filed. However, the following deficiency has been found: Filer selected incorrect event. Correct event is found under "Motions", "Sealed Motion". Document must be resubmitted and the filer has one business day to correct the deficiency. (jae, ) (Entered: 08/18/2006)
	Request

61	Filed: 8/18/2006, Entered: 8/18/2006	Sealed Document +
	Sealed Document. (Attachments: # 1 Memorandum)(Halmon, Harriett) (Entered: 08/18/2006)


60	Filed: 8/16/2006, Entered: 8/16/2006	Deficiency Notice
	DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 59 Sealed Document has been filed. However, the following deficiency has been found: Filer selected incorrect event. Correct event will be under Motions and then selecting "Sealed Motion". The Proposed Order should NOT be submitted to CM/ECF, but only emailed to chambers. If assistance is needed in filing, please consult the policies and procedures manual or call the help desk. The filer has one business day to correct the deficiency. (jae, ) (Entered: 08/16/2006)
	Request

59	Filed: 8/15/2006, Entered: 8/15/2006	Sealed Document +
	Sealed Document. (Attachments: # 1 Memorandum In Support of# 2 Appendix Proposed order)(Gibson, Everett) (Entered: 08/15/2006)


57	Filed: 8/1/2006, Entered: 8/1/2006	Telephone Conference
	Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephone Conference held on 8/1/2006. Parties discussed letter to the Clerk of Court re: transfer of this case and procedural steps that need to be taken. The Government has 20 days to file its reply brief in support of Motion to Dismiss. The Court GRANTED the Government's Request to Seal 56 Response to Sealed Motion to Dismiss. If the Government plans to file a Motion to Transfer, it must be file within 20 days. (Plaintiff USA: Harriett Halmon, Kevin Whitmore, David Cohen) (Plaintiff Poteet: Andrew Carr) (Court Reporter: Brenda Parker) (jpw) (Entered: 08/01/2006)
	Request

55	Filed: 7/28/2006, Entered: 7/28/2006	Setting Letter
	SETTING LETTER: Telephone Conference set for 8/1/2006 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. (jpw) (Entered: 07/28/2006)
	Request

54	Filed: 7/27/2006, Entered: 7/27/2006	Order
	ORDER SETTING TELEPHONE CONFERENCE. Signed by Judge Jon Phipps McCalla on 7/27/06. (McCalla, Jon) Additional attachment(s) added on 7/27/2006 (McCalla, Jon). (Entered: 07/27/2006)


53	Filed: 7/18/2006, Entered: 7/18/2006	Sealed Motion +
	SEALED MOTION to Dismiss submitted with proposed Order by USA. (Attachments: # 1 Memorandum in Support of Motion to Dismiss# 2 Exhibit 1 to Memorandum# 3 Exhibit 2 to Memorandum# 4 Exhibit 3 to Memorandum# 5 Errata 4 to Memorandum# 6 Exhibit to Memorandum)(Halmon, Harriett) (Entered: 07/18/2006)


52	Filed: 7/18/2006, Entered: 7/18/2006	Deficiency Notice
	DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 51 Sealed Document has been filed. However, the following deficiency has been found: Document submitted is a motion and must be published as a motion. After you have selected "Motion", then select "Sealed Motion" and attach memorandum and any exhibits. Document must be resubmitted using correct event so document will show on judge's pending motion list. The filer has one business day to correct the deficiency. (jae, ) (Entered: 07/18/2006)
	Request

51	Filed: 7/18/2006, Entered: 7/18/2006	Sealed Document +
	Refiled at entry 53 Sealed Document. (Attachments: # 1 Memorandum in Support of Motion to Dismiss# 2 Exhibit 1 to Memorandum# 3 Exhibit to Memorandum# 4 Exhibit to Memorandum# 5 Exhibit to Memorandum# 6 Exhibit to Memorandum)(Halmon, Harriett) Modified on 7/19/2006 (jae, ). (Entered: 07/18/2006)
	Request

50	Filed: 2/23/2006, Entered: 2/23/2006	Notice of Correction
	Notice of Correction to 48 Notice (Other) DOCUMENT NOT TO BE SEALED. Supplment to Third Amended Complaint and Demand For Jury Trial. (Attachments: # 1 Exhibit 1)(Carr, Andrew) (Entered: 02/23/2006)
	Request

49	Filed: 2/23/2006, Entered: 2/23/2006	Deficiency Notice
	DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 47 Notice (Other) filed by Jacqueline Kay Poteet,, 48 Notice (Other) filed by Jacqueline Kay Poteet, has been filed. However, the following deficiency has been found: Both documents indicate "Filed Under Seal". Filer should have chosen the event "Sealed Document" found in event list of Other Filings, Other Documents. Clerk will seal document, no action by filer necessary. (jae, ) (Entered: 02/23/2006)


45	Filed: 1/25/2006, Entered: 1/25/2006	Order on Motion for Miscellaneous Relief
	ORDER PARTIALLY REINSTATING SEAL, granting 42 Motion to Clarify. Signed by Judge Jon Phipps McCalla on 1/25/06. (McCalla, Jon) (Entered: 01/25/2006)
	Request

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44	Filed: 1/25/2006, Entered: 1/25/2006	Deficiency Notice
	DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 43 MOTION for Leave to File SUPPLEMENT TO THIRD AMENDED COMPLAINT NUNC PRO TUNC filed by Jacqueline Kay Poteet, has been filed. However, the following deficiency has been found: Attachment #11 is a proposed order that should have be e-mailed to the judge, not included as an attachment. If filer has not previously submitted proposed order, he must forward proposed order to chambers. The filer has one business day to correct the deficiency. (jae, ) (Entered: 01/25/2006)
	Request

42	Filed: 1/24/2006, Entered: 1/24/2006	Motion for Miscellaneous Relief
	MOTION to Clarify Seal (Unopposed) proposed Order submitted to Judge by USA. (Whitmore, Kevin) (Entered: 01/24/2006)
	Request

40	Filed: 1/18/2006, Entered: 1/18/2006	Order on Motion For Leave to File.
	ORDER granting 39 Motion for Leave to File Reply. The government may now file its reply. Signed by Judge Jon Phipps McCalla on 1/18/2006. [No written order attached] (McCalla, Jon) (Entered: 01/18/2006)
	Request

38	Filed: 1/13/2006, Entered: 1/13/2006	Order on Motion for Miscellaneous Relief
	ORDER denying 34 Motion for Extension of Time for matter to remain under seal. Signed by Judge Jon Phipps McCalla on 1/13/06. (McCalla, Jon) Modified on 1/20/2006 (wbe, ). (Entered: 01/13/2006)
	Request

37	Filed: 1/11/2006, Entered: 1/11/2006	Deficiency Notice
	DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 35 Notice (Other) filed by USA, has been filed. However, the following deficiency has been found: Document should have been filed as Memorandum In Support of Motion and attached to Motion. Clerk has corrected entry. No action from filer necessary.(jae, ) (Entered: 01/11/2006)
	Request

33	Filed: 11/3/2005, Entered: 11/4/2005	Mail Returned
	Mail 32 Returned as Undeliverable. Mail sent to Peter Keisler (jae, ) (Entered: 11/04/2005)
	Request

29	Filed: 10/17/2005, Entered: 10/18/2005	Amended Document
	SUPPLEMENT TO THIRD AMENDED COMPLAINT 24 AND DEMAND FOR A JURY TRIAL by Jacqueline Kay Poteet. (jae, ) (Entered: 10/18/2005)
	Request

24	Filed: 2/10/2005, Entered: 2/10/2005	Amended Complaint
	THIRD AMENDED COMPLAINT against Emory Clinic, Inc., The, Mathew F. Gornet, Orthopedic Center of St. Louis, LLC, Medtronic Sofamor Danek USA, Inc., Medtronic, Inc., Jeffrey C. Wang, Edward S. Pratt, Maurice Smith, Kevin T. Foley, Semmes-Murphy Clinic, Vincent C. Treynelis, George Picetti, Thomas A. Zdeblick, Lawrence G. Lenke, K. Daniel Riew, Washington University Medical Center, Regis Haid, Atlanta Brain & Spine Care, P.C., Gerald E. Rodts, Jr , filed by Jacqueline Kay Poteet.(ehg, ) (Entered: 02/10/2005)
	Request

21	Filed: 12/20/2004, Entered: 12/21/2004	Amended Complaint
	SECOND AMENDED COMPLAINT AND DEMAND FOR A JURY TRIAL against Emory Clinic, Inc., The, Mathew F. Gornet, Orthopedic Center of St. Louis, LLC, Medtronic Sofamor Danek USA, Inc., Medtronic, Inc., Jeffrey C. Wang, Edward S. Pratt, Maurice Smith, Kevin T. Foley, Semmes-Murphy Clinic, Vincent C. Treynelis, George Picetti, Thomas A. Zdeblick, Lawrence G. Lenke, K. Daniel Riew, Washington University Medical Center, Regis Haid, Atlanta Brain & Spine Care, P.C., Gerald E. Rodts, Jr , filed by Jacqueline Kay Poteet.(ehg, ) (Entered: 12/21/2004)
	Request

14	Filed: 7/12/2004, Entered: 7/12/2004	Amended Complaint
	AMENDED COMPLAINT against Medtronic Sofamor Danek USA, Inc., Medtronic, Inc., Atlanta Brain & Spine Care, P.C., Emory Clinic, Inc., The, Mathew F. Gornet, Regis Haid, Lawrence G. Lenke, Orthopedic Center of St. Louis, LLC, George Picetti, Edward S. Pratt, K. Daniel Riew, Gerald E. Rodts Jr., Vincent C. Treynelis, Jeffrey C. Wang, Washington University Medical Center, Thomas A. Zdeblick Medtronic Sofamor Danek USA, Inc. answer due 8/2/2004; Medtronic, Inc. answer due 8/2/2004., filed by Jacqueline Kay Poteet.(ehg, ) (Entered: 07/12/2004)
	Request

2	Filed: 1/9/2004, Entered: 1/9/2004	Order
	ORDER TRANSFERRING CASE by Mag Judge James H. Allen ..case reassigned to Mag Judge S. Thomas Anderson for all pending and future references and for consent to trial by Magistrate. (cc: all counsel) (Former Emp). Additional attachment(s) added on 1/24/2006 (jae, ). Modified on 1/24/2006 (jae, ). (Entered: 01/09/2004)
	Request

1	Filed: 12/29/2003, Entered: 1/5/2004	Complaint
	COMPLAINT (Summons(es) issued) Receipt #: 85193; Filing fee $ 150 (EHG) (Entered: 01/05/2004)
	Request

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