State Farm Fire and Casualty Company v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints.
Federal Civil Lawsuit Utah District Court, Case No. 2:13-cv-00223

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State Farm Fire And Casualty Company State Farm Fire And Casualty Company, Plaintiff

Toggle Switch Represented by PARSONS BEHLE & LATIMER (UT)

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John R. Lund +1 801 532 1234

Toggle Switch Represented by Snow Christensen & Martineau

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Robert T. Denny +1 801 322 9156
ATTORNEY TO BE NOTICED Richard A. Vazquez +1 801 521 9000
v.
No Logo Corporation Of The President Of The Church Of Jesus Christ Of Latter-day Saints, Defendant

Toggle Switch Represented by Snell & Wilmer LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Amber M. Mettler +1 801 257 1900 amettler@swlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Alan L. Sullivan +1 801 257 1900 +1 801 257 1800 asullivan@swlaw.com
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Legal Document (Payment Possibly Required) 45 Filed: 1/22/2015, Entered: None Court Filing
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions for Summary Judgment held on December 18, 2014 before Judge DALE A. KIMBALL. Court Reporter/Transcriber Karen Murakami, CSR, RPR, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 2/12/2015. Redacted Transcript Deadline set for 2/23/2015. Release of Transcript Restriction set for 4/22/2015. (jds) Modified on 4/22/2015 by removing restricted text(las). (Entered: 01/22/2015)
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    Legal Document (Payment Possibly Required) 44 Filed: 1/15/2015, Entered: None
    CLERK'S JUDGMENT in favor of Corporation of the President of the Church of Jesus Christ of Latter-Day Saints; State Farm Fire and Casualty Company cause of action is dismissed with prejudice, signed by LSY, Chief Deputy Clerk. Case Closed. (jds) (Entered: 01/16/2015)
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      Legal Document (Payment Possibly Required) 43 Filed: 1/14/2015, Entered: None Memorandum Decision
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        Legal Document (Payment Possibly Required) 42 Filed: 1/13/2015, Entered: None Memorandum Decision
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          Legal Document (Payment Possibly Required) 41 Filed: 12/18/2014, Entered: None Court Filing
          Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 12/18/2014 re 20 MOTION for Summary Judgment filed by Corporation of the President of the Church of Jesus Christ of Latter-Day Saints and 29 Plaintiff's MOTION for Partial Summary Judgment filed by State Farm Fire and Casualty Company. The Court heard the arguments of counsel and took the motions under advisement. Attorneys for Plaintiff: John Lund, Robert Denny, Richard Vasquez. Attorneys for Defendant: Alan Sullivan, Amber Mettler. Court Reporter: Karen Murakami.(kmj) (Entered: 12/18/2014)
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            Legal Document (Payment Possibly Required) 40 Filed: 11/4/2014, Entered: None Court Filing
            NOTICE OF HEARING ON MOTION re: 29 Plaintiff's MOTION for Partial Summary Judgment (Oral Argument Requested), 20 MOTION for Summary Judgment : (Notice generated by DAK Chambers) Motion Hearing is set for Thursday, 12/18/2014 at 10:00 AM in Rm 3.400 before Judge Dale A. Kimball. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (kmj) (Entered: 11/04/2014)
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              Legal Document (Payment Possibly Required) 39 Filed: 10/16/2014, Entered: None
              REPLY to Response to Motion re 29 Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support (Oral Argument Requested) filed by Plaintiff State Farm Fire and Casualty Company. (Attachments: # 1 Appendix to State Farm's Reply Memorandum in Support of Plaintiff's Motion for Summary Judgment, # 2 Exhibit Exhibit 1 - Ace Policy, # 3 Exhibit Exhibit 2 - Ingersoll Deposition, # 4 Exhibit Exhibit 3 - Kryt Nay Deposition)(Denny, Robert) (Entered: 10/16/2014)
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                Legal Document (Payment Possibly Required) 38 Filed: 10/16/2014, Entered: None Order on Motion for Leave to File
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                  Legal Document (Payment Possibly Required) 37 Filed: 10/15/2014, Entered: None Leave to File Document
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                    Legal Document (Payment Possibly Required) 36 Filed: 9/25/2014, Entered: None Order on Motion for Extension of Time to File Response/Reply
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                      Legal Document (Payment Possibly Required) 35 Filed: 9/24/2014, Entered: None extension of time
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                        Legal Document (Payment Possibly Required) 34 Filed: 9/15/2014, Entered: None
                        Modification of Docket: re 32 Memorandum in Support of Motion - see correction to docket text. (jlw) (Entered: 09/15/2014)
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                          Legal Document (Payment Possibly Required) 33 Filed: 9/15/2014, Entered: None
                          Defendant's MEMORANDUM in Opposition re 29 Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support (Oral Argument Requested) filed by Defendant Corporation of the President of the Church of Jesus Christ of Latter-Day Saints.. (Attachments: # 1 Appendix Appendix, # 2 Exhibit 1-4)(Sullivan, Alan) (Entered: 09/15/2014)
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                            Legal Document (Payment Possibly Required) 32 Filed: 9/15/2014, Entered: None
                            Defendant's Reply MEMORANDUM in Support re 20 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Corporation of the President of the Church of Jesus Christ of Latter-Day Saints.. (Attachments: # 1 Appendix Appendix, # 2 Exhibit 1-4)(Sullivan, Alan) Modified on 9/15/2014 by adding word "reply" at beginning of text (jlw). (Entered: 09/15/2014)
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                              Legal Document (Payment Possibly Required) 31 Filed: 8/22/2014, Entered: None Order on Motion for Extension of Time to File Response/Reply
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                                Legal Document (Payment Possibly Required) 30 Filed: 8/20/2014, Entered: None Extension of Time to File Response/Reply
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                                  Legal Document (Payment Possibly Required) 29 Filed: 8/15/2014, Entered: None Partial Summary Judgment
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                                    Legal Document (Payment Possibly Required) 28 Filed: 8/8/2014, Entered: None
                                    ERRATA to 27 Memorandum in Opposition to Motion,,,, filed by Plaintiff State Farm Fire and Casualty Company . (Vazquez, Richard) (Entered: 08/08/2014)
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                                      Legal Document (Payment Possibly Required) 27 Filed: 8/7/2014, Entered: None
                                      Plaintiff's MEMORANDUM in Opposition re 20 MOTION for Summary Judgment filed by Plaintiff State Farm Fire and Casualty Company. (Attachments: # 1 Appendix to State Farm's Opp to Def COP's Motion for Summary Judgment, # 2 Exhibit A - Miller v Nay Complaint, # 3 Exhibit B - Michael Johnson Depo, # 4 Exhibit C - ACE Policy, # 5 Exhibit D - Humpherys Depo, # 6 Exhibit E - Letter from Rich Humpherys to Joseph Joyce 1-28-13, # 7 Exhibit F - Letter from Rick Vazquez to McConkie, Humpherys and Joyce 1-30-13, # 8 Exhibit G - DanielMcConkie Depo, # 9 Exhibit H - Letter from McConkie to Joyce 12-28-12, # 10 Exhibit I - Notice of Depo of State Farm, # 11 Exhibit J - Email from Joyce to McConkie 12-28-12, # 12 Exhibit K - Letter from McConkie to Joyce Jan 22-23, 2013, # 13 Exhibit L - Email from Jeffrey Powell to Kyrt Nay 1-29-1313, # 14 Exhibit M - Letter from Humpherys to Joyce 1-29-13, # 15 Exhibit Email from Joyce to Nay and Humpherys 1-30-13, # 16 Exhibit O - Letter from Humpherys to Vazquez 1-31-13, # 17 Exhibit P - Email from Humpherys to Joyce 1-31-13)(Vazquez, Richard) Modified docket text on 8/12/2014 (jds). (Entered: 08/07/2014)
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                                        Legal Document (Payment Possibly Required) 26 Filed: 8/1/2014, Entered: None Order on Motion to Seal
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                                          Legal Document (Payment Possibly Required) 25 Filed: 8/1/2014, Entered: None Seal
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                                            Legal Document (Payment Possibly Required) 24 Filed: 7/18/2014, Entered: None Court Filing
                                            ORDER granting 21 Motion for Scheduling Order to Modify Case Management Order Discovery due by 8/15/2014. Motions due by 8/15/2014.. Signed by Judge Dale A. Kimball on 07/18/2014. (jds) (Entered: 07/18/2014)
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                                              Legal Document (Payment Possibly Required) 23 Filed: 7/17/2014, Entered: None
                                              STIPULATION re 21 Stipulated MOTION for Scheduling Order to Modify Case Management Order by State Farm Fire and Casualty Company. (Vazquez, Richard) (Entered: 07/17/2014)
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                                                Legal Document (Payment Possibly Required) 22 Filed: 7/10/2014, Entered: None Court Filing
                                                DOCKET TEXT ORDER taking under advisement 21 Motion for Scheduling Order. The parties have requested that a revised schedule be entered without modifying the trial date. The court generally requires at least five months between the dispositive motion deadline and trial date to allow the motions to be filed, briefed, set, argued and decided before trial preparation starts. Because a fundamental assumption of the stipulation appears to be that the trial date would be unaffected, the court declines to revise the schedule if such an assumption was made. The motion to amend the scheduling order is taken under advisement until July 18, 2014. If counsel file a stipulation before that date reflecting their agreement that the trial date shall be moved to February or March 2015, the motion to amend the scheduling order shall be granted. If such a stipulation is not filed, the motion to amend the scheduling order will be denied. Signed by Judge Dale A. Kimball on 7/10/2014. No attached document. (awm) (Entered: 07/10/2014)
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                                                  Legal Document (Payment Possibly Required) 21 Filed: 7/10/2014, Entered: None
                                                  Stipulated MOTION for Scheduling Order to Modify Case Management Order filed by Plaintiff State Farm Fire and Casualty Company. (Attachments: # 1 Text of Proposed Order)(Vazquez, Richard) (Entered: 07/10/2014)
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                                                    Legal Document (Payment Possibly Required) 20 Filed: 6/30/2014, Entered: None
                                                    MOTION for Summary Judgment and Memorandum in Support filed by Defendant Corporation of the President of the Church of Jesus Christ of Latter-Day Saints.. (Attachments: # 1 Appendix to Motion for Summary Judgment, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)(Mettler, Amber) (Entered: 06/30/2014)
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                                                      Legal Document (Payment Possibly Required) 19 Filed: 3/19/2014, Entered: None
                                                      NOTICE of Appearance by Robert T. Denny on behalf of All Plaintiffs (Denny, Robert) (Entered: 03/19/2014)
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                                                        Legal Document (Payment Possibly Required) 18 Filed: 1/7/2014, Entered: None Court Filing
                                                        ORDER granting 17 Motion for Amended Scheduling Order. Fact Discovery due by 4/30/2014. All other dates and deadlines in the order shall remain unchanged. Signed by Judge Dale A. Kimball on 1/7/14. (jlw) (Entered: 01/07/2014)
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                                                          Legal Document (Payment Possibly Required) 17 Filed: 1/6/2014, Entered: None
                                                          Stipulated MOTION for Scheduling Order modification filed by Plaintiff State Farm Fire and Casualty Company. (Attachments: # 1 Text of Proposed Order Proposed Order Modifying Case Management Order)(Vazquez, Richard) (Entered: 01/06/2014)
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                                                            Legal Document (Payment Possibly Required) 16 Filed: 9/19/2013, Entered: None Court Filing
                                                            ORDER granting 15 Motion for Extension of Time. Signed by Judge Dale A. Kimball on 9/19/13. (jlw) (Entered: 09/19/2013)
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                                                              Legal Document (Payment Possibly Required) 15 Filed: 9/18/2013, Entered: None
                                                              Stipulated MOTION for Extension of Time for Plaintiff to Respond to Discovery filed by Plaintiff State Farm Fire and Casualty Company. (Attachments: # 1 Text of Proposed Order Proposed Order)(Vazquez, Richard) (Entered: 09/18/2013)
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                                                                Legal Document (Payment Possibly Required) 14 Filed: 6/11/2013, Entered: None Court Filing
                                                                SCHEDULING ORDER: Initial Pretrial Hearing vacated. Amended Pleadings due by 10/7/2013. Joinder of Parties due by 10/7/2013. Discovery due by 5/30/2014. Motions due by 6/30/2014. Final Pretrial Conference set for 11/24/2014 02:30 PM in Room 420 before Judge Dale A. Kimball. 5 Day Bench Trial set for 12/8/2014 08:30 AM in Room 420 before Judge Dale A. Kimball. See order for further details. Signed by Magistrate Judge Evelyn J. Furse on 6/11/13. (jlw) (Entered: 06/11/2013)
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                                                                  Legal Document (Payment Possibly Required) 13 Filed: 6/10/2013, Entered: None
                                                                  REPORT OF ATTORNEY PLANNING MEETING. (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Vazquez, Richard) (Entered: 06/10/2013)
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                                                                    Legal Document (Payment Possibly Required) 12 Filed: 5/13/2013, Entered: None Court Filing
                                                                    NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Michelle Peart)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.htmlIf counsel or the parties would like to participate by phone they must contact chambers at least two days in advance at utdecf_furse@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 6/12/2013 10:30 AM in Room 477 before Magistrate Judge Evelyn J. Furse. (mlp) (Entered: 05/13/2013)
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                                                                      Legal Document (Payment Possibly Required) 11 Filed: 5/9/2013, Entered: None
                                                                      CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Corporation of the President of the Church of Jesus Christ of Latter-Day Saints. identifying None as Corporate Parent. (Mettler, Amber) (Entered: 05/09/2013)
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                                                                        Legal Document (Payment Possibly Required) 10 Filed: 5/8/2013, Entered: None
                                                                        CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff State Farm Fire and Casualty Company identifying State Farm Mutual Automobile Insurance Company as Corporate Parent. (Vazquez, Richard) (Entered: 05/08/2013)
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                                                                          Legal Document (Payment Possibly Required) 9 Filed: 4/29/2013, Entered: None
                                                                          NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (jlw) (Entered: 04/30/2013)
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                                                                            Legal Document (Payment Possibly Required) 8 Filed: 4/30/2013, Entered: None
                                                                            NOTICE OF ADR, e-mailed or mailed to Defendant Corporation of the President of the Church of Jesus Christ of Latter-Day Saints., Plaintiff State Farm Fire and Casualty Company. (jlw) (Entered: 04/30/2013)
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                                                                              Legal Document (Payment Possibly Required) 7 Filed: 4/29/2013, Entered: None
                                                                              NOTICE of Appearance by Amber M. Mettler on behalf of Corporation of the President of the Church of Jesus Christ of Latter-Day Saints. (Mettler, Amber) (Entered: 04/29/2013)
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                                                                                Legal Document (Payment Possibly Required) 6 Filed: 4/29/2013, Entered: None
                                                                                ANSWER to Complaint filed by Corporation of the President of the Church of Jesus Christ of Latter-Day Saints..(Sullivan, Alan) (Entered: 04/29/2013)
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                                                                                  Legal Document (Payment Possibly Required) 5 Filed: 4/9/2013, Entered: None
                                                                                  **RESTRICTED DOCUMENT** SUMMONS Returned Executed by State Farm Fire and Casualty Company as to Corporation of the President of the Church of Jesus Christ of Latter-Day Saints. served on 4/8/2013, answer due 4/29/2013. (Vazquez, Richard) (Entered: 04/09/2013)
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                                                                                    Legal Document (Payment Possibly Required) 4 Filed: 4/8/2013, Entered: None
                                                                                    **RESTRICTED DOCUMENT**Summons Issued Electronically as to Corporation of the President of the Church of Jesus Christ of Latter-Day Saints.. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (rls) (Entered: 04/08/2013)
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                                                                                      Legal Document (Payment Possibly Required) 3 Filed: 3/27/2013, Entered: None Court Filing
                                                                                      ORDER OF RECUSAL Judge Robert J. Shelby recused. Case reassigned to Judge Dale A. Kimball for all further proceedings. Signed by Judge Robert J. Shelby on 03/27/2013. (tls) (Entered: 03/27/2013)
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                                                                                        Legal Document (Payment Possibly Required) 2 Filed: 3/26/2013, Entered: None Court Filing
                                                                                        COMPLAINT against Corporation of the President of the Church of Jesus Christ of Latter-Day Saints. (Filing fee $ 350, receipt number 1088-1800693), filed by State Farm Fire and Casualty Company. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A - Insurance Policy, # 3 Exhibit B - Umbrella Policy, # 4 Exhibit C - copy of the Complaint in the Lawsuit, # 5 Exhibit D - Stipulation, # 6 Exhibit E - letter to defense counsel for Bishop Nay) Assigned to Judge Robert J. Shelby (Vazquez, Richard) (Entered: 03/26/2013)
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                                                                                          Legal Document (Payment Possibly Required) 1 Filed: 3/26/2013, Entered: None Court Filing
                                                                                          Case has been indexed and assigned to Judge Robert J. Shelby. Plaintiff State Farm Fire and Casualty Company is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (jds) (Entered: 03/26/2013)
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