PEREZ et al v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:05-vv-01261-UNJ

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No Logo FRANCES PEREZ, Petitioner

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Thomas P. Gallagher +1 609 926 6450 +1 609 926 6455 thomasgallagherlawfirm@aol.com
No Logo MARIO PEREZ, Petitioner

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Thomas P. Gallagher +1 609 926 6450 +1 609 926 6455 thomasgallagherlawfirm@aol.com
v.
United States Department of Health and Human Services United States Department of Health and Human Services, Respondent
Officially listed as "SECRETARY OF HEALTH AND HUMAN SERVICES"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Traci R. Patton +1 202 353 1589 +1 202 616 4310 traci.patton@usdoj.gov
Office COFC
Filed 12/5/2005
Jury Demand None
Demand
Nature of Suit 483 - Death - Other
Cause Section 42 U.S.C. § 300 Vaccine Injury Act
Jurisdiction U.S. Government Defendant
Disposition Judgment
County None
Terminated 4/8/2008
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, ECF
  Entries (57) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 50 Filed: 8/1/2008, Entered: 8/1/2008
Petitioner's Election to Accept [49] Judgment on Attorney Fees,. (Gallagher, Thomas)
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    Legal Document (Payment Possibly Required) 49 Filed: 8/1/2008, Entered: 8/1/2008
    JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioner is awarded attorney's fees and costs in the amount of $68,925.30, with a check for $1,500.00 to be made payable to petitioner and a check for $67,425.30 to be made payable to petitioner and petitioner's counsel jointly.(dls)
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      Legal Document (Payment Possibly Required) 48 Filed: 7/23/2008, Entered: 7/23/2008
      NOTICE Not to Seek Review, filed by SECRETARY OF HEALTH AND HUMAN SERVICES re [46] DECISION of Special Master - Fees. (Patton, Traci)
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        Legal Document (Payment Possibly Required) 47 Filed: 7/22/2008, Entered: 7/22/2008
        NOTICE Not to Seek Review, filed by FRANCES PEREZ, MARIO PEREZ re [46] DECISION of Special Master - Fees and Costs. (Gallagher, Thomas)
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          Legal Document (Payment Possibly Required) 46 Filed: 7/15/2008, Entered: 7/22/2008 DECISION of Special Master - Fees
          DECISION on Attorney's Fees and Costs. Signed by Special Master Richard Abell. (tjk, )
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            Legal Document (Payment Possibly Required) 45 Filed: 6/5/2008, Entered: 6/5/2008, Terminated: 7/15/2008 Motion for Attorney Fees
            MOTION for Attorney Fees, filed by FRANCES PEREZ, MARIO PEREZ.Response due by 6/23/2008. (Attachments: # (1) Affidavit Thomas P. Gallagher, # (2) Exhibit Petitioner's Statement Regarding Fees and Costs, # (3) Affidavit Carmen R. Faia, # (4) Affidavit Laurie J. Bahr, # (5) Exhibit Attorney Thomas P. Gallagher's Hours, # (6) Exhibit Summary of Costs Borne by Counsel, # (7) Exhibit Summary of Costs Borne by Petitioner, # (8) Exhibit Summary of Unpaid Costs)(Gallagher, Thomas)
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              Legal Document (Payment Possibly Required) 44 Filed: 5/2/2008, Entered: 5/2/2008
              NOTICE of Designation of Electronic Case. (tjk, )
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                Blank 43 Filed: 5/2/2008, Entered: 5/2/2008
                ORDER re Upon motion of Petitioner, this case is hereby converted to ECF. Signed by Special Master Richard Abell. (tjk, )
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                  Blank 42 Filed: 4/15/2008, Entered: 4/21/2008 Petitioner's Election to Accept Judgment
                  Petitioner's Election to Accept [41] Judgment. Service: 4/10/08.(Neal, Alonzo)
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                    Blank 41 Filed: 4/8/2008, Entered: 4/8/2008
                    JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioner is awarded compensation in the amount of $250,000.00. (lld)
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                      Blank 40 Filed: 3/12/2008, Entered: 3/16/2008 Notice Not to Seek Review
                      NOTICE Not to Seek Review, filed by FRANCES PEREZ, MARIO PEREZ re [39] DECISION of Special Master. Service: 3/7/08.(tjk, )
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                        Blank 39 Filed: 3/4/2008, Entered: 3/8/2008 DECISION of Special Master
                        DECISION [ENTITLEMENT RULING] Signed by Special Master Richard Abell. (tjk, )
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                          Blank -- Filed: 3/4/2008, Entered: 3/17/2008 Remark
                          Remark. A copy of the Decision of the Special Master dated 3/04/08 was sent to Petitioner's counsel via Federal Express Priority Overnight Delivery on 3/04/08. Tracking no. 8651 8314 8430 (tjk, )
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                            Blank 38 Filed: 5/4/2007, Entered: 5/7/2007 Post-Hearing Brief
                            POST HEARING BRIEF by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 5/4/07.(Neal, Alonzo)
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                              Blank 37 Filed: 4/4/2007, Entered: 4/12/2007 Post-Hearing Brief
                              CLOSING BRIEF in Support of Petitioner by FRANCES PEREZ, MARIO PEREZ. Service: 4/03/07.(tjk, )
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                                Blank 36 Filed: 3/27/2007, Entered: 4/4/2007 Description not available
                                AMENDED SCHEDULING ORDER: Upon oral motion from Petitioner, and hearing no objection from Respondent, GRANTS an enlargement of time for the post-hearing briefing schedule in this case. Petitioner shall file her post-hearing brief by the close of business on 4/04/07. Respondent shall file its post-hearing brief by the close of business on 5/04/07. If Petitioner deems it meet to reply, she shall file her surresponsive post-hearing brief by the close of business on 5/18/07. Signed by Special Master Richard Abell. (tjk, )
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                                  Blank 35 Filed: 3/19/2007, Entered: 3/26/2007 notice of filing
                                  NOTICE OF FILING Post Trial Submission [Tape Statements, I Exhibit 1-4] by FRANCES PEREZ, MARIO PEREZ. Service: 3/15/07.(tjk, )
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                                    Blank 34 Filed: 3/16/2007, Entered: 3/24/2007 Order
                                    ORDER re Pursuant to the status conference held on 3/14/07, the Court orders petitioner's counsel to file the records regarding the deceased post haste. The court gave the parties until the end of business 3/16/07 to voice any concerns over further testimonial evidence. Signed by Special Master Richard Abell. (tjk, )
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                                      Blank 33 Filed: 3/12/2007, Entered: 3/17/2007 Expert Report
                                      SUPPLEMENTAL EXPERT REPORT of John J. Shane, M.D. filed by FRANCES PEREZ, MARIO PEREZ. Service: 3/05/07.(tjk, )
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                                        Blank 32 Filed: 3/5/2007, Entered: 3/8/2007 Medical Literature
                                        MEDICAL LITERATURE [Exhibit F] filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 3/05/07.(tjk, )
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                                          Blank 31 Filed: 2/9/2007, Entered: 2/22/2007 Transcript
                                          TRANSCRIPT of Proceedings (pages 1-185) held on January 26, 2007 before Special Master Richard B. Abell. (dw1)
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                                            Blank 30 Filed: 2/5/2007, Entered: 2/9/2007 Description not available
                                            SCHEDULING ORDER: Petitioner shall file her post-hearing brief by the close of business 3/27/07. Respondent shall file it's post-hearing response brief due by 4/27/07. If Petitioner deems it meet to reply, she shall file her surresponsive post-hearing brief by the close of business 5/11/07. The parties shall schedule a status conference with the Court once the Hearing Transcript is produced. Signed by Special Master Richard Abell. (tjk, )
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                                              Blank -- Filed: 2/5/2007, Entered: 2/5/2007
                                              Minute Entry for proceedings held before Special Master Richard Abell : Evidentiary Hearing held on 1/26/2007. The Court heard evidence from Petitioner's fact witness, as well as expert witnesses for both Petitioner and Respondent, on the issue of whether Petitioner's Decedent died from an acute encephalopathy or from sudden infant death. A briefing schedule will follow. (irk, )
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                                                Blank -- Filed: 2/5/2007, Entered: 2/5/2007
                                                Minute Entry for proceedings held before Special Master Richard Abell : A Status Conference was held on 1/17/2007, during which the Court addressed with the parties the upcoming hearing scheduled for 26 January 2007. Based upon factual issues raised in the parties' pre-hearing memoranda, the Court instructed Petitioner to present its fact witness(es) in vivo, particularly if Petitioner's expert witnesses will base some or all of their expert opinion upon facts premised thereupon. (irk, )
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                                                  Blank 29 Filed: 1/31/2007, Entered: 2/2/2007 ~Notice (other)
                                                  VII Submission of Required Documents, filed by FRANCES PEREZ, MARIO PEREZ. Service: 1/29/2007.(mij, )
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                                                    Blank 28 Filed: 1/19/2007, Entered: 1/22/2007 Order
                                                    ORDER re upcoming 1/26/07 hearing. If any of the information currently understood by the Court changes, the parties are advised to contact the Court immediately for an emergency status conference. Signed by Special Master Richard Abell. (tjk, )
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                                                      Blank 27 Filed: 1/17/2007, Entered: 1/21/2007 Prehearing Submissions
                                                      PREHEARING MEMORANUM by FRANCES PEREZ, MARIO PEREZ. Service: 1/12/07.(tjk, )
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                                                        Blank 26 Filed: 1/12/2007, Entered: 1/19/2007 Prehearing Submissions
                                                        PREHEARING SUBMISSIONS by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 1/12/07.(tjk, )
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                                                          Blank 25 Filed: 1/5/2007, Entered: 1/11/2007 Prehearing Order
                                                          ORDER: The Prehearing Memorandum, previously due on 1/05/07, is now due on 1/12/07. The Status Conference scheduled for 1/09/07 is hereby cancelled. Signed by Special Master Richard Abell. (tjk, )
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                                                            Blank 24 Filed: 12/22/2006, Entered: 12/27/2006 Prehearing Order
                                                            PREHEARING ORDER: Prehearing Submissions due by 1/5/2007. Entitlement Hearing set for 1/26/2007 09:00 AM before Special Master Richard Abell. The hearing will be conducted telephonically and will be initiated by the Court. Signed by Special Master Richard Abell. (tjk, )
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                                                              Blank 23 Filed: 11/15/2006, Entered: 11/19/2006 Status Conference Order
                                                              ORDER: The parties shall consult with their experts and contact the court with potential dates for a telephonic hearing. Follow up Status Conference set for 1/9/2007 09:30 AM before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                Blank -- Filed: 11/13/2006, Entered: 11/13/2006
                                                                Minute Entry for proceedings held before Special Master Richard Abell : Telephonic Status Conference held on November 13, 2006. (tlj, )
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                                                                  Blank 22 Filed: 11/9/2006, Entered: 11/14/2006 Status Conference Order
                                                                  STATUS CONFERENCE ORDER: Status Conference reset for 11/13/2006 11:30 AM before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                    Blank 21 Filed: 11/7/2006, Entered: 11/9/2006 Expert Report
                                                                    NOTICE: Exhibit A: Expert Report of Michael Kohrmann, M.D., Exhibit B: Medical Literature, Exhibit C: Dr. Kohrman's CV, Exhibit D: Expert Report of Dr. Gilbert-Barness, M.D.; and Exhibit E: Dr. Gilbert-Barness's CV filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 11/07/06.(tjk, )
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                                                                      Blank 20 Filed: 9/1/2006, Entered: 9/6/2006 notice of filing
                                                                      NOTICE OF FILING [Curriculum Vitae of Marcel Kinsbourne, M.D. and John J. Shane, M.D.] by FRANCES PEREZ, MARIO PEREZ. Service: 8/28/06.(tjk, )
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                                                                        Blank 19 Filed: 8/29/2006, Entered: 9/1/2006 Description not available
                                                                        SCHEDULING ORDER: Resppondent shall file the neurological and pathological Expert Reports due by 11/6/2006. Status Conference set for 11/8/2006 10:00 AM before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                          Blank -- Filed: 8/28/2006, Entered: 8/28/2006
                                                                          Minute Entry for proceedings held before Special Master Richard Abell : Telephonic Status Conference held on August 28, 2006. (tlj, )
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                                                                            Blank 18 Filed: 8/24/2006, Entered: 8/29/2006 Status Conference Order
                                                                            STATUS CONFERENCE ORDER: Status Conference reset for 8/28/2006 12:00 PM before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                              Blank 17 Filed: 8/18/2006, Entered: 8/22/2006 Expert Report
                                                                              EXPERT REPORT of Marcel Kinsbourne, M.D. and John J. Shane, M.D. (Ex. no. Fifth Submission of Required Documents) filed by FRANCES PEREZ, MARIO PEREZ. Service: 8/11/06.(tjk, )
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                                                                                Blank 16 Filed: 6/8/2006, Entered: 6/12/2006 Status Report
                                                                                STATUS REPORT, filed by FRANCES PEREZ, MARIO PEREZ. Service: 6/02/06.(tjk, )
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                                                                                  Blank 15 Filed: 5/10/2006, Entered: 5/10/2006
                                                                                  SCHEDULING ORDER: Petitioner's Expert Report due by 8/23/2006. Status Conference set for 8/24/2006 10:00 AM before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                                    Blank -- Filed: 5/9/2006, Entered: 5/9/2006
                                                                                    Minute Entry for proceedings held before Special Master Richard Abell : Telephonic Status Conference held on May 09, 2006. (tlj, )
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                                                                                      Blank 14 Filed: 4/17/2006, Entered: 4/19/2006 notice of filing
                                                                                      NOTICE OF FILING Fourth Submission of Required Information by FRANCES PEREZ, MARIO PEREZ. Service: 4/10/2006.(mij, )
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                                                                                        Blank 13 Filed: 4/11/2006, Entered: 4/14/2006 Respondent's Report
                                                                                        Respondent's Report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 4/11/2006. (mij, )
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                                                                                          Blank 12 Filed: 4/7/2006, Entered: 4/12/2006 Description not available
                                                                                          SCHEDULING ORDER: Respondent's Report Due by 4/28/2006. Status Conference set for 5/9/2006 11:30 AM before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                                            Blank 11 Filed: 4/4/2006, Entered: 4/7/2006 Order
                                                                                            ORDER re Respondentshall her Rule 4(c) report within 3 weeks from the filing of Petitioner's outstanding fact witness affidavits and additional medical records.The Status Conference set for 4/04/06 is postponed. Signed by Special Master Richard Abell. (tjk, )
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                                                                                              Blank 10 Filed: 3/30/2006, Entered: 4/5/2006 Affidavit
                                                                                              AFFIDAVIT by FRANCES PEREZ, MARIO PEREZ. Service: 3/27/06.(tjk, )
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                                                                                                Blank 9 Filed: 3/21/2006, Entered: 3/23/2006 Status Report
                                                                                                STATUS REPORT, filed by FRANCES PEREZ, MARIO PEREZ. Service: 3/17/06.(tjk, )
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                                                                                                  Blank 8 Filed: 2/17/2006, Entered: 2/23/2006 Description not available
                                                                                                  SCHEDULING ORDER: Petitioner shall file all fact witness affidavits along with additional medical records by close of business 3/17/2006. Respondents Report Due by 3/31/2006. Status Conference set for 4/4/2006 11:30 AM (EDT) before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, ) Modified on 2/23/2006 (tjk, ).
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                                                                                                    Blank -- Filed: 2/15/2006, Entered: 2/15/2006
                                                                                                    Minute Entry for proceedings held before Special Master Richard Abell : Telephone Conference held on February 15, 2006. (tlj, )
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                                                                                                      Blank 7 Filed: 2/9/2006, Entered: 2/13/2006 Description not available
                                                                                                      STATUS CONFERENCE ORDER: The initial Rule 4(a) Status Conference reset for 2/15/2006 03:00 PM before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                                                        Blank 6 Filed: 2/1/2006, Entered: 2/3/2006 Description not available
                                                                                                        STATUS CONFERENCE ORDER: The initial Rule 4(a) Status Conference set for 2/24/2006 10:00 AM before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                                                          Blank 5 Filed: 1/19/2006, Entered: 1/23/2006 Notice of Appearance/
                                                                                                          NOTICE of Appearance by Traci R. Patton for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 1/19/06.(tjk, )
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                                                                                                            Blank 4 Filed: 12/27/2005, Entered: 12/30/2005 notice of filing
                                                                                                            NOTICE OF FILING Exhibits E and F by FRANCES PEREZ, MARIO PEREZ. Service: 12/19/05.(jat, )
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                                                                                                              Blank 3 Filed: 12/16/2005, Entered: 12/19/2005 Initial Order
                                                                                                              INITIAL ORDER Once respondent files a Notice of Appearance, the parties should contact the undersigned's law clerk to set up the Rule 4(a) status conference. Signed by Special Master Richard Abell. (tjk, )
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                                                                                                                Blank 2 Filed: 12/5/2005, Entered: 12/6/2005 Notice Of Assignment
                                                                                                                NOTICE of Assignment to Special Master Richard B. Abell. (tjk, )
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                                                                                                                  Blank 1 Filed: 12/5/2005, Entered: 12/6/2005 Petition
                                                                                                                  PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES ( Filing fee $250, Receipt number 064028) , filed by FRANCES PEREZ, MARIO PEREZ.Respondents Report Due by 3/6/2006.(tjk, ) [Filed with one volume of medical records]
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