Case Detail

FOIA Project Annotation: Judge Randolph Moss has ruled that the State Department properly withheld an investigatory report prepared on Bryan Pagliano, who had previously worked as the IT specialist on Hillary Clinton's presidential campaign and was subsequently appointed to run her IT operation at the State Department, in the course of his appointment under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques), that the agency conducted an adequate search for records in responding to three FOIA requests filed by Judicial Watch for records relating to Clinton's use of a non-government email account, but that while portions of an email exchange between Clinton and then-CIA Director David Petraeus were protected by Exemption 5 (privileges), the agency had not yet shown that two redactions of identifying information it made under Exemption 6 (invasion of privacy) were appropriate. Moss found that the ROI pertaining to Pagliano was clearly created for law enforcement purposes. He noted that "the State Department produces ROIs as part of a process to determine if a potential employee has any law enforcement- or security-related issues in his background that might indicate that he should not be entrusted with classified information or that he might pose a security risk to the Department." He found the report was protected by Exemption 7(C). Balancing Pagliano's privacy interest against the public interest in disclosure, he observed that "the fact that the State Department placed great 'trust and confidence' in Pagliano does nothing to distinguish him from thousands of other government employees and members of the military who perform sensitive duties of enormous national importance and who �" like Pagliano �" have substantial privacy interests in the information contained in their background checks and ROIs." Moss indicated the ROI was protected by Exemption 7(E) as well. Here, he pointed out that "knowing what information [Diplomatic Security] personnel consider, where they look, and how they evaluate the information necessarily reveals their techniques and procedures, and disclosing that information poses 'a chance of a reasonably expected risk' of circumvention." Moss agreed with State that redactions made in email exchanges between Clinton and Petraeus shortly after her confirmation were protected by Exemption 5, but found that there was insufficient evidence to conclude whether or not two redactions were appropriate under Exemption 6. Sending the issue back to the agency to supplement the record, he noted that "it is easy to imagine a set of facts that might implicate substantial privacy concerns, and it is equally easy to imagine a scenario under which a reasonable person would not care about disclosure �" and indeed, might even welcome it."
Issues: Exemption 7(E) - Investigative methods or techniques, Exemption 7(C) - Invasion of privacy concerning law enforcement records, Adequacy - Search, Exemption 5 - Privileges

Date Filed	Doc #	Docket Text
2015-05-06	1	COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4081998) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for U.S. Attorney for DC, # 3 Summons for U.S. Attorney General, # 4 Summons for U.S. State Department)(Fedeli, Chris) (Entered: 05/06/2015)
2015-05-06	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Fedeli, Chris) (Entered: 05/06/2015)
2015-05-06		Case Assigned to Judge Randolph D. Moss. (rd) (Entered: 05/06/2015)
2015-05-06	3	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 05/06/2015)
2015-05-07	4	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lauren M. Burke, :Firm- Judicial Watch, Inc., :Address- 425 Third Street, SW Ste. 800. Phone No. - 202-646-5194. Fax No. - 202-646-5199 Filing fee $ 100, receipt number 0090-4084748. Fee Status: Fee Paid. by JUDICIAL WATCH, INC. (Attachments: # 1 Declaration of Lauren M. Burke, # 2 Text of Proposed Order)(Fedeli, Chris) (Entered: 05/07/2015)
2015-05-08		MINUTE ORDER: Upon consideration of Plaintiff's motion for permission to allow Lauren M. Burke to appear pro hac vice, it is hereby ORDERED that the motion is GRANTED. Lauren M. Burke may appear pro hac vice in this case. Signed by Judge Randolph D. Moss on May 8, 2015. (lcrdm3, ) (Entered: 05/08/2015)
2015-05-12	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/11/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 6/10/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/11/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 5/11/2015 (Attachments: # 1 Declaration of David Rothstein)(Fedeli, Chris) (Entered: 05/12/2015)
2015-06-10	6	ANSWER to Complaint by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Carmichael, Andrew) (Entered: 06/10/2015)
2015-07-03		MINUTE ORDER: It is hereby ORDERED that the parties shall file a joint proposed briefing schedule for dispositive motions on or before July 13, 2015. Signed by Judge Randolph D. Moss on July 3, 2015. (lcrdm3, ) (Entered: 07/03/2015)
2015-07-06		Set/Reset Deadline: The parties shall file a joint proposed briefing schedule for dispositive motions on or before 7/13/2015. (kt) (Entered: 07/06/2015)
2015-07-10	7	STATUS REPORT (Joint) by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Carmichael, Andrew) (Entered: 07/10/2015)
2015-09-03	8	NOTICE of Motion for Designation of Coordinating Judge by U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit Motion for Designation of Coordinating Judge)(Carmichael, Andrew) (Entered: 09/03/2015)
2015-09-04	9	NOTICE of Order in Misc. No. 15-1188 by U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit Order in Misc. No. 15-1188)(Carmichael, Andrew) (Entered: 09/04/2015)
2015-09-18	10	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Carmichael, Andrew) (Entered: 09/18/2015)
2015-10-28		MINUTE ORDER: It is hereby ORDERED that the parties shall comply with the following schedule. Defendant shall complete its search for potentially responsive records on or before October 30, 2015. Defendant shall provide plaintiff with the estimated volume of documents retrieved from its search needing review and processing on or before November 6, 2015. Defendant shall make its second production of documents responsive to Plaintiff's FOIA request on or before November 13, 2015. The parties shall file a joint status report with a schedule and completion date for production of documents responsive to Plaintiff's FOIA request on or before November 23, 2015. It is further ORDERED that the parties shall appear for a status conference before the Court on November 9, 2015, at 11:00 a.m. Signed by Judge Randolph D. Moss on 10/28/2015. (lcrdm3, ) (Entered: 10/28/2015)
2015-10-28		Set/Reset Deadlines/Hearing: Defendant shall complete its search for potentially responsive records on or before 10/30/2015; Defendant shall provide plaintiff with the estimated volume of documents retrieved from its search needing review and processing on or before 11/6/2015; Defendant shall make its second production of documents responsive to Plaintiff's FOIA request on or before 11/13/2015; The parties shall file a joint status report with a schedule and completion date for production of documents responsive to Plaintiff's FOIA request on or before 11/23/2015. (A Status Conference is set for 11/9/2015, at 11:00 AM, in Courtroom 21, before Judge Randolph D. Moss). (kt) (Entered: 10/28/2015)
2015-10-28		MINUTE ORDER: It is hereby ORDERED that the status conference set for November 9, 2015, is VACATED. It is further ORDERED that the parties shall appear for a status conference on November 13, 2015, at 11:00 a.m. Signed by Judge Randolph D. Moss on 10/28/2015. (lcrdm3, ) (Entered: 10/28/2015)
2015-10-28		Set/Reset Hearing: The Status Conference previously set for 11/9/2015 is VACATED and RESCHEDULED for 11/13/2015, at 11:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 10/28/2015)
2015-11-13		Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 11/13/2015. Issues addressed. (Court Reporter: Jeff Hook). (kt) (Entered: 11/13/2015)
2015-11-23	11	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Carmichael, Andrew) (Entered: 11/23/2015)
2015-11-30		MINUTE ORDER: Upon consideration of the parties' Joint Status Report 11 , it is hereby ORDERED that Defendant Department of State shall complete its production of documents responsive to Plaintiff's FOIA request on or before January 20, 2016. It is further ORDERED that the parties shall submit a joint status report apprising the Court of the status of production and identifying any further issues remaining in the case on or before February 5, 2015. Signed by Judge Randolph D. Moss on 11/30/2015. (lcrdm3, ) (Entered: 11/30/2015)
2015-11-30		Set/Reset Deadlines: Defendant Department of State shall complete its production of documents responsive to Plaintiff's FOIA request on or before 1/20/2016; The parties shall submit a joint status report apprising the Court of the status of production and identifying any further issues remaining in the case on or before 2/5/2015. (kt) (Entered: 11/30/2015)
2016-01-19	12	Unopposed MOTION to Stay Production Deadline by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Carmichael, Andrew) (Entered: 01/19/2016)
2016-01-21		MINUTE ORDER: Upon consideration of Defendants Motion to Stay Production Deadline 12 , it is hereby ORDERED that the motion is GRANTED. The production deadline the Court set on November 30, 2015, is STAYED. It is further ORDERED that the parties shall file a joint status report on or before February 5, 2016, that includes a proposed schedule and completion date for the production of documents responsive to Plaintiffs FOIA request. Signed by Judge Randolph D. Moss on 1/21/2016. (lcrdm3, ) (Entered: 01/21/2016)
2016-01-21		Set/Reset Deadline: The parties shall file a joint status report on or before 2/5/2016. (kt) (Entered: 01/21/2016)
2016-02-05	13	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Carmichael, Andrew) (Entered: 02/05/2016)
2016-02-09		MINUTE ORDER: Upon consideration of the parties' Joint Status Report 13 , it is hereby ORDERED that Defendant shall produce any outstanding responsive, non-exempt documents to Plaintiff on or before March 7, 2016. It is further ORDERED that the parties shall submit a status report updating the court on the status of production and identifying any remaining issues in the case on or before March 21, 2016. Signed by Judge Randolph D. Moss on 2/9/2016. (lcrdm3, ) (Entered: 02/09/2016)
2016-02-09		Set/Reset Deadlines: Defendant shall produce any outstanding responsive, non-exempt documents to Plaintiff on or before 3/7/2016; The parties shall submit a status report updating the court on the status of production and identifying any remaining issues in the case on or before 3/21/2016. (kt) (Entered: 02/09/2016)
2016-02-09		ENTERED IN ERROR.....Set/Reset Deadline: Defendant may file its reply to Plaintiff's opposition on or before 2/23/2016. (kt) Modified on 2/9/2016, entered in wrong case (kt). (Entered: 02/09/2016)
2016-03-21	14	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Carmichael, Andrew) (Entered: 03/21/2016)
2016-03-21		MINUTE ORDER: Upon consideration of the parties' joint status report 14 , it is hereby ORDERED that the parties shall submit a joint status report on or before April 18, 2016, explaining whether any further issues remain in this case and proposing a schedule for dispositive motions if they are necessary. Signed by Judge Randolph D. Moss on 3/21/2016. (lcrdm3, ) (Entered: 03/21/2016)
2016-03-22		Set/Reset Deadlines: The parties shall submit a joint status report on or before 4/18/2016. (kt) (Entered: 03/22/2016)
2016-03-22		MINUTE ORDER: Upon consideration of the parties' joint status report 14 , it is hereby ORDERED that the parties shall submit a joint status report on or before April 18, 2016, explaining whether any further issues remain in this case and proposing a schedule for dispositive motions if they are necessary. Signed by Judge Randolph D. Moss on 3/22/2016. (lcrdm3, ) (Entered: 03/22/2016)
2016-03-22		Set/Reset Deadline: The parties shall submit a joint status report on or before 4/18/2016. (kt) (Entered: 03/22/2016)
2016-04-18	15	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Carmichael, Andrew) (Entered: 04/18/2016)
2016-04-19		MINUTE ORDER: Upon consideration of the parties' joint status report 15 , it is hereby ORDERED that the parties shall adhere to the following schedule. Defendant may move for summary judgment on or before June 15, 2016. Plaintiff may file an opposition and cross-motion for summary judgment on or before July 15, 2016. Defendant may file a reply and opposition to the cross motion on or before August 15, 2016. Plaintiff may file a reply on or before September 15, 2016. Signed by Judge Randolph D. Moss on 4/18/2016. (lcrdm3, ) (Entered: 04/19/2016)
2016-04-20		Set/Reset Deadlines: Defendant may move for summary judgment on or before 6/15/2016; Plaintiff may file an opposition and cross-motion for summary judgment on or before 7/15/2016; Defendant may file a reply and opposition to the cross motion on or before 8/15/2016; Plaintiff may file a reply on or before 9/15/2016. (kt) (Entered: 04/20/2016)
2016-06-14	16	Unopposed MOTION for Extension of Time to File its Motion for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Carmichael, Andrew) (Entered: 06/14/2016)
2016-06-15		MINUTE ORDER: Upon consideration of Defendant U.S. Department of State's unopposed motion for extension of time 16 , it is hereby ORDERED that the motion is GRANTED. Defendant may file a motion for summary judgment on or before June 17, 2016. Signed by Judge Randolph D. Moss on 6/15/2016. (lcrdm3, ) (Entered: 06/15/2016)
2016-06-16		Set/Reset Deadlines: Defendant may file a motion for summary judgment on or before 6/17/2016. (kt) (Entered: 06/16/2016)
2016-06-17	17	MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit Declaration Exhibits, # 4 Statement of Facts, # 5 Text of Proposed Order)(Carmichael, Andrew) (Entered: 06/17/2016)
2016-07-16	18	Memorandum in opposition to re 17 MOTION for Summary Judgment and Cross Motion for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Plf's Cross Motion for Summary Judgment, # 2 Statement of Facts, # 3 Text of Proposed Order)(Burke, Lauren) (Entered: 07/16/2016)
2016-08-10	19	Joint MOTION to Stay Briefing Schedule by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Carmichael, Andrew) (Entered: 08/10/2016)
2016-08-11		MINUTE ORDER: Upon consideration of the parties' recently filed Joint Motion to Stay Briefing Schedule 19 , it is hereby ORDERED that the motion is GRANTED. The briefing schedule previously set by the Court on June 15, 2016, is VACATED. It is further ORDERED that Defendant shall file a status report with the Court on or before September 15, 2016, regarding the supplemental search and production. Signed by Judge Randolph D. Moss on 8/11/2016. (lcrdm3, ) (Entered: 08/11/2016)
2016-08-12		Set/Reset Deadlines: Defendant shall file a status report with the Court on or before 9/15/2016. (kt) (Entered: 08/12/2016)
2016-09-15	20	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Carmichael, Andrew) (Entered: 09/15/2016)
2016-09-16		MINUTE ORDER: Upon consideration of the parties' joint status report 20 , it is hereby ORDERED that the parties shall file a further status report with the Court on or before October 28, 2016. Signed by Judge Randolph D. Moss on 9/16/2016. (lcrdm3, ) (Entered: 09/16/2016)
2016-09-16		Set/Reset Deadlines: The parties shall file a further status report with the Court on or before 10/28/2016. (kt) (Entered: 09/16/2016)
2016-10-28	21	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Carmichael, Andrew) (Entered: 10/28/2016)
2016-10-28		MINUTE ORDER: Upon consideration of the parties' Joint Status Report 21 , it is hereby ORDERED that the parties' pending motions for summary judgment 17 18 be DENIED AS MOOT. It is FURTHER ORDERED that the parties shall adhere to the following schedule: Defendant may move for summary judgment on or before December 9, 2016; Plaintiff may file an opposition and cross-motion for summary judgment on or before January 27, 2017; Defendant may file a reply and opposition to the cross-motion on or before March 3, 2017; and Plaintiff may file a reply on or before March 24, 2017. Signed by Judge Randolph D. Moss on 10/28/2016. (lcrdm3, ) (Entered: 10/28/2016)
2016-10-31		Set/Reset Deadlines: Defendant may move for summary judgment on or before 12/9/2016; Plaintiff may file an opposition and cross-motion for summary judgment on or before 1/27/2017; Defendant may file a reply and opposition to the cross-motion on or before 3/3/2017; Plaintiff may file a reply on or before 3/24/2017. (kt) (Entered: 10/31/2016)
2016-12-09	22	MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Declaration of Eric Stein, # 3 Exhibit to Stein Declaration, # 4 Statement of Facts, # 5 Text of Proposed Order)(Carmichael, Andrew) (Entered: 12/09/2016)
2017-01-28	23	Memorandum in opposition to re 22 MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Statement of Facts, # 2 Declaration Lauren M. Burke, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Text of Proposed Order)(Burke, Lauren) (Entered: 01/28/2017)
2017-01-30	24	Consent MOTION for Order to Accept Opposition Brief as Timely Filed by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order of Plaintiff's Motion to Order Opposition as Timely Filed)(Burke, Lauren) (Entered: 01/30/2017)
2017-01-30		NOTICE OF ERROR re 23 Memorandum in Opposition; emailed to lburke@judicialwatch.org, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. counsel is reminded to docket all parts of their filing. (jf, ) (Entered: 01/30/2017)
2017-01-30	25	ERRATA by JUDICIAL WATCH, INC. 23 Memorandum in Opposition, filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration of Lauren M. Burke with Exhibits 1 and 2)(Burke, Lauren) (Entered: 01/30/2017)
2017-01-30	26	Cross MOTION for Summary Judgment (with Plaintiff's Statement of Material Facts) by JUDICIAL WATCH, INC. (Attachments: # 1 Declaration of Lauren M. Burke with Exhibits 1 and 2, # 2 Text of Proposed Order)(Burke, Lauren) (Entered: 01/30/2017)
2017-01-30		MINUTE ORDER: Upon consideration of Plaintiff's Consent Motion to Accept Opposition Brief as Timely Filed 24 , the motion is hereby GRANTED. Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment is hereby accepted as timely filed. Signed by Judge Randolph D. Moss on 1/30/2017. (lcrdm3, ) (Entered: 01/30/2017)
2017-03-03	27	REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Carmichael, Andrew) (Entered: 03/03/2017)
2017-03-03	28	Memorandum in opposition to re 26 Cross MOTION for Summary Judgment (with Plaintiff's Statement of Material Facts) filed by U.S. DEPARTMENT OF STATE. (Carmichael, Andrew) (Entered: 03/03/2017)
2017-03-25	29	REPLY to opposition to motion re 26 Cross MOTION for Summary Judgment (with Plaintiff's Statement of Material Facts) filed by JUDICIAL WATCH, INC.. (Burke, Lauren) (Entered: 03/25/2017)
2017-09-30	30	MEMORANDUM OPINION AND ORDER: Upon consideration of Defendant's Motion for Summary Judgment 22 , it is hereby GRANTED in part and DENIED in part. Upon consideration of Plaintiff's Motion for Summary Judgment 26 , it is hereby DENIED. Signed by Judge Randolph D. Moss on 9/30/17. (lcrdm3, ) (Main Document 30 replaced on 10/3/2017 to correct a typo) (kt). (Entered: 09/30/2017)
2017-10-02		MINUTE ORDER: In light of the Court's Memorandum Opinion and Order 30 , the Department of State is hereby ORDERED to file its supplemental declaration addressing the specific privacy interests at stake in the redactions of the email chain it justified under Exemption 6 on or before October 16, 2017. The Department is further ORDERED to provide the Court with unredacted copies of the email chain for ex parte, in camera review on or before October 16, 2017. Signed by Judge Randolph D. Moss on 10/2/17. (lcrdm3, ) (Entered: 10/02/2017)
2017-10-03		Set/Reset Deadlines: Defendant's supplemental declaration and In-Camera Submission due by 10/16/2017. (kt) (Entered: 10/03/2017)
2017-10-13	31	Unopposed MOTION for Extension of Time to File Supplemental Declaration by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Carmichael, Andrew) (Entered: 10/13/2017)
2017-10-15		MINUTE ORDER: Upon consideration of the Unopposed Motion for Extension of Time 31 , the motion is hereby GRANTED. Defendant shall complete its declaration and file the document at issue with the Court ex parte in camera on or before October 20, 2017. Signed by Judge Randolph D. Moss on 10/15/17. (lcrdm3, ) (Entered: 10/15/2017)
2017-10-16		Set/Reset Deadlines: Defendant shall complete its declaration and file the document at issue with the Court ex parte in camera on or before 10/20/2017. (kt) (Entered: 10/16/2017)
2017-10-20	32	STATUS REPORT by U.S. DEPARTMENT OF STATE. (Carmichael, Andrew) (Entered: 10/20/2017)
2017-10-22		MINUTE ORDER: Defendant has represented that it has now released the two remaining email messages in unredacted form and that, as a result, the sole remaining issue in the case is moot. See Dkt. 32 . In light of this representation, Plaintiff shall indicate on or before October 27, 2017, whether it concurs with that assertion, and, if not, what if any issue remains to be adjudicated in this case. Signed by Judge Randolph D. Moss on 10/22/17. (lcrdm3, ) (Entered: 10/22/2017)
2017-10-23		Set/Reset Deadlines: Plaintiff's response due by 10/27/2017. (kt) (Entered: 10/23/2017)
2017-10-25	33	NOTICE by JUDICIAL WATCH, INC. re Order, (Burke, Lauren) (Entered: 10/25/2017)
2017-11-03	34	MEMORANDUM OPINION: The Court will DISMISS Judicial Watch's remaining claims regarding the redactions in the email chain. See document for details. A separate order will issue. Signed by Judge Randolph D. Moss on 11/3/17. (lcrdm3, ) (Entered: 11/03/2017)
2017-11-03	35	ORDER: For the reasons stated in the Court's Memorandum Opinion, Dkt. 34 , and the Court's Memorandum Opinion and Order, Dkt. 30 , Defendant is entitled to judgment with respect to all of Plaintiffs claims. The Clerk of the Court is directed to terminate this case. See attached document. Signed by Judge Randolph D. Moss on 11/3/17. (lcrdm3, ) (Entered: 11/03/2017)
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