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Case TitleLEOPOLD v. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv02117
Date Filed2015-12-08
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffJASON LEOPOLD
Case DescriptionJournalist Jason Leopold submitted a FOIA request to the FBI for any records that were retrieved from the agency's examination of former Secretary of State Hillary Clinton's email server. After the agency failed to acknowledge his request, Leopold filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantDEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-12-081COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4340432) filed by JASON LEOPOLD. (Attachments: # 1 Exhibit 1 Confirmation of Receipt of FOIA Request, # 2 Civil Cover Sheet, # 3 Summons To DOJ, # 4 Summons To AG, # 5 Summons To USAO)(James, Ryan) (Entered: 12/08/2015)
2015-12-082NOTICE of Appearance by Jeffrey Louis Light on behalf of JASON LEOPOLD (Light, Jeffrey) (Entered: 12/08/2015)
2015-12-08Case Assigned to Judge Randolph D. Moss. (md) (Entered: 12/08/2015)
2015-12-083SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice of Consent) (md) (Entered: 12/08/2015)
2015-12-144RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/14/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/14/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 1/13/2016.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 12/14/2015 (Light, Jeffrey) (Entered: 12/14/2015)
2016-01-135NOTICE of Appearance by Jennie Leah Kneedler on behalf of DEPARTMENT OF JUSTICE (Kneedler, Jennie) (Entered: 01/13/2016)
2016-01-136ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Kneedler, Jennie) (Entered: 01/13/2016)
2016-01-21MINUTE ORDER: It is hereby ORDERED that the parties shall appear for an Initial Scheduling Conference on February 9, 2016, at 10:00 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 1/21/2016. (lcrdm3, ) (Entered: 01/21/2016)
2016-01-21Set/Reset Hearing: An Initial Scheduling Conference is set for 2/9/2016, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 01/21/2016)
2016-02-09Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 2/9/2016. Order forthcoming. (Court Reporter: Jeff Hook). (kt) (Entered: 02/09/2016)
2016-02-09MINUTE ORDER: As discussed at the status conference held this morning, it is hereby ORDERED that the parties shall adhere to the following schedule. Defendant may file a motion for summary judgment based on Exemption (7)(A) of FOIA on or before March 25, 2016. By filing such a motion, Defendant does not waive its right to later assert other FOIA exemptions. Plaintiff may file a motion in opposition to Defendant's motion for summary judgment on or before April 25, 2016. Defendant may file a reply on or before May 9, 2016. It is further ORDERED that Defendant shall, within 45 days, begin the process of reviewing the requested documents for any applicable FOIA exemptions and preparing a Vaughn index. It is further ORDERED that the parties shall appear for a status conference on May 11, 2016, at 2 p.m. At that status conference, Defendant shall be prepared to update Plaintiff and the Court regarding the status of its review of the requested documents. Signed by Judge Randolph D. Moss on 2/9/2016. (lcrdm3, ) Modified on 2/9/2016 to correct a date (kt). (Entered: 02/09/2016)
2016-02-09Set/Reset Deadlines/Hearing: Defendant may file a motion for summary judgment based on Exemption (7)(A) of FOIA on or before 3/25/2016; Plaintiff may file a motion in opposition to Defendant's motion for summary judgment on or before 4/25/2016; Defendant may file a reply on or before 5/9/2016. A Status Conference is set for 5/11/2016, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 02/09/2016)
2016-03-257MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Declaration of David M. Hardy, # 2 Text of Proposed Order)(Kneedler, Jennie) (Entered: 03/25/2016)
2016-03-258NOTICE of Lodging of Classified, In Camera, Ex Parte Declaration by DEPARTMENT OF JUSTICE (Kneedler, Jennie) (Entered: 03/25/2016)
2016-03-259ERRATA to Filing of Hardy Declaration by DEPARTMENT OF JUSTICE 7 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Declaration of David M. Hardy)(Kneedler, Jennie) (Entered: 03/25/2016)
2016-04-1810Joint MOTION for Extension of Time to File Summary Judgment Opposition and Reply by JASON LEOPOLD (Attachments: # 1 Text of Proposed Order Proposed Order)(James, Ryan) (Entered: 04/18/2016)
2016-04-1911MOTION for Order to Show Cause why affidavit should not be made public by JASON LEOPOLD (Attachments: # 1 Text of Proposed Order)(James, Ryan) (Entered: 04/19/2016)
2016-04-19MINUTE ORDER: Upon consideration of the parties' joint motion for extension of time 10 it is hereby ORDERED that the motion is GRANTED. Plaintiff may file an opposition to summary judgment on or before May 16, 2016. Defendant may reply on or before June 6, 2016. It is further ORDERED that the status conference scheduled for May 11, 2016, is hereby VACATED and RESCHEDULED for June 13, 2016, at 2 p.m. Signed by Judge Randolph D. Moss on 4/19/2016. (lcrdm3, ) (Entered: 04/19/2016)
2016-04-19MINUTE ORDER: Upon consideration of Plaintiff's motion for order to show cause 11 , it is hereby ORDERED that on or before April 26, 2016, Defendant Department of Justice shall either file a redacted version of Dkt. 8 on the public docket or shall show cause why a redacted version should not be filed. The Court will not consider Dkt. 8 until Defendant has complied with this Minute Order. Signed by Judge Randolph D. Moss on 4/19/2016. (lcrdm3, ) (Entered: 04/19/2016)
2016-04-20Set/Reset Deadlines/Hearing: Plaintiff may file an opposition to summary judgment on or before 5/16/2016; Defendant may reply on or before 6/6/2016; On or before 4/26/2016, Defendant Department of Justice shall either file a redacted version of Dkt. 8 on the public docket or shall show cause why a redacted version should not be filed. The Status Conference set for 5/11/2016 is VACATED and RESCHEDULED to 6/13/2016, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 04/20/2016)
2016-04-2612Memorandum in opposition to re 11 MOTION for Order to Show Cause why affidavit should not be made public filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Kneedler, Jennie) (Entered: 04/26/2016)
2016-05-0213REPLY to opposition to motion re 11 MOTION for Order to Show Cause why affidavit should not be made public filed by JASON LEOPOLD. (Light, Jeffrey) (Entered: 05/02/2016)
2016-05-1614Memorandum in opposition to re 7 MOTION for Summary Judgment filed by JASON LEOPOLD. (Attachments: # 1 Exhibit 1 - IC referral memorandum, # 2 Statement of Facts, # 3 Text of Proposed Order)(Light, Jeffrey) (Entered: 05/16/2016)
2016-05-2615ORDER: The Courts order that DOJ show cause, see April 19, 2016, Minute Order, is DISCHARGED. See attached document for details. Signed by Judge Randolph D. Moss on 5/26/2016. (lcrdm3, ) (Entered: 05/26/2016)
2016-06-0616REPLY to opposition to motion re 7 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Second Declaration of David M. Hardy)(Kneedler, Jennie) (Entered: 06/06/2016)
2016-06-0617MOTION for Leave to File Motion for Leave to Submit In Camera, Ex Parte Declaration by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kneedler, Jennie) (Entered: 06/06/2016)
2016-06-13Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 6/13/2016. 17 Motion for Leave to File Motion for Leave to Submit In Camera, Ex Parte Declaration, GRANTED, for the reasons stated on the record. (Court Reporter: Jeff Hook). (kt) Modified on 6/13/2016 to correct linked motion (kt). (Entered: 06/13/2016)
2016-07-1318STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit July 12, 2016 Letter from James A. Baker to Brian J. Egan)(Kneedler, Jennie) (Entered: 07/13/2016)
2016-07-14MINUTE ORDER: Upon consideration of Defendant's status report 18 , it is hereby ORDERED that the parties shall meet and confer and file a joint status report on or before July 22, 2016, setting forth a proposal for further proceedings in this case. Signed by Judge Randolph D. Moss on 7/14/2016. (lcrdm3, ) (Entered: 07/14/2016)
2016-07-14Set/Reset Deadlines: Joint Status Report due by 7/22/2016. (dot) (Entered: 07/14/2016)
2016-07-2219Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Kneedler, Jennie) (Entered: 07/22/2016)
2016-07-25MINUTE ORDER: In accordance with the parties' request in their recently filed joint status report, 19 , it is hereby ORDERED that the parties shall submit a joint status report proposing appropriate further proceedings in this case on or before August 8, 2016. Signed by Judge Randolph D. Moss on 7/25/2016. (lcrdm3, ) (Entered: 07/25/2016)
2016-07-26Set/Reset Deadlines: The parties shall submit a joint status report proposing appropriate further proceedings in this case on or before 8/8/2016. (kt) (Entered: 07/26/2016)
2016-08-0520NOTICE of Filing of Third Declaration of David M. Hardy by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Third Declaration of David M. Hardy)(Kneedler, Jennie) (Entered: 08/05/2016)
2016-08-0821STATUS REPORT by DEPARTMENT OF JUSTICE. (Kneedler, Jennie) (Entered: 08/08/2016)
2016-08-0822STATUS REPORT by JASON LEOPOLD. (James, Ryan) (Entered: 08/08/2016)
2016-08-10MINUTE ORDER: In accordance with Plaintiff's request in his recently filed status report 22 , it is hereby ORDERED that the parties shall appear for a status conference on August 26, 2016, at 10:00 a.m., in Courtroom 21. Signed by Judge Randolph D. Moss on 8/10/2016. (lcrdm3, ) (Entered: 08/10/2016)
2016-08-10Set/Reset Hearings: A Status Conference is set for 8/26/2016, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 08/10/2016)
2016-08-19MINUTE ORDER: The status conference previously set for August 26, 2016 at 10:00 a.m. is VACATED and RESCHEDULED for August 31, 2016, at 2:00 p.m., in Courtroom 21. Signed by Judge Randolph D. Moss on 8/19/2016. (lcrdm3, ) (Entered: 08/19/2016)
2016-08-19Set/Reset Hearings: The Status Conference set for 8/26/2016 is VACATED and RESCHEDULED to 8/31/2016, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) Modified on 8/22/2016 to correct the time of the hearing (kt). (Entered: 08/19/2016)
2016-08-31MINUTE ORDER: As discussed at today's status conference, it is hereby ORDERED that Defendant shall submit a formal referral letter to the State Department requesting that the State Department promptly review the transferred materials. It is further ORDERED that the government shall complete its appraisal of the documents on disc 1 of the transferred materials on or before September 22, 2016. And it is further ORDERED that the parties shall appear for a follow-up status conference on September 23, 2016, at 2:00 p.m. At the conference, Defendant shall be prepared to discuss the content of the four remaining discs, including whether those discs might contain responsive documents not contained on disc 1. Both parties shall be prepared to discuss a schedule for the production of disc 1 materials, if necessary, as well as a schedule for the appraisal of any remaining potentially responsive materials. Signed by Judge Randolph D. Moss on 8/31/2016. (lcrdm3, ) (Entered: 08/31/2016)
2016-08-31Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 8/31/2016. (The government shall complete its appraisal of the documents on disc 1 of the transferred materials on or before 9/22/2016). A further Status Conference is set for 9/23/2016, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss). (Court Reporter: Jeff Hook). (kt) (Entered: 08/31/2016)
2016-09-0723TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on August 31, 2016; Page Numbers: 1 - 39; Date of Issuance: September 7, 2016; Court Reporter: Jeff Hook; Contact information: 202-354-3373; jeff_hook@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purch ased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/28/2016. Redacted Transcript Deadline set for 10/8/2016. Release of Transcript Restriction set for 12/6/2016.(Hook, Jeff) (Entered: 09/07/2016)
2016-09-20MINUTE ORDER: The status conference previously set for September 23, 2016, at 2 p.m. is hereby VACATED and RESCHEDULED for September 26, 2016, at 2:00 p.m. Signed by Judge Randolph D. Moss on 9/20/2016. (lcrdm3, ) (Entered: 09/20/2016)
2016-09-21Set/Reset Hearings: The Status Conference set for 9/23/2016 is VACATED and RESCHEDULED for 9/26/2016, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 09/21/2016)
2016-09-26MINUTE ORDER: As discussed at today's status conference, the Court hereby ORDERS that (1) the parties shall submit a joint status report on or before September 29, 2016, at 12 p.m.; (2) the parties shall appear for a status conference on October 19, 2016, at 2 p.m.; (3) as to disk 1 documents, the State Department shall process 350 pages and produce non-exempt material thereon on or before October 7, 2016, another 350 pages on or before October 21, 2016, another 350 pages on or before November 4, 2016, and 500 additional pages per month thereafter; and (4) the State Department shall complete its appraisal of the other three disks likely to contain responsive material on or before October 17, 2016. Signed by Judge Randolph D. Moss on 9/216/2016. (lcrdm3, ) (Entered: 09/26/2016)
2016-09-26Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 9/26/2016. (The parties shall submit a joint status report on or before 9/29/2016, at 12 p.m.; As to disk 1 documents, the State Department shall process 350 pages and produce non-exempt material thereon on or before 10/7/2016, another 350 pages on or before 10/21/2016, and another 350 pages on or before 11/4/2016; The State Department shall complete its appraisal of the other three disks likely to contain responsive material on or before 10/17/2016). A further Status Conference is set for 10/19/2016, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Jeff Hook). (kt) (Entered: 09/26/2016)
2016-09-2824Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Joint Status Report in 15-123, # 2 Text of Proposed Order for 15-2117, # 3 Text of Proposed Order for 15-123)(Kneedler, Jennie) (Entered: 09/28/2016)
2016-09-3025NOTICE OF ENTRY OF RELATED ORDER IN 15-cv-123 by JASON LEOPOLD (James, Ryan) (Entered: 09/30/2016)
2016-10-0326ORDER: It is hereby ORDERED that, in addition to the productions and appraisals previously ordered by the Court, the State Department shall make productions as described in the attached order. The State Department shall also submit status reports as described in the attached order. See attached order for details. Signed by Judge Randolph D. Moss on 10/3/2016. (lcrdm3, ) (Entered: 10/03/2016)
2016-10-03MINUTE ORDER: With respect to Defendant's Motion for Summary Judgment 7 , it is hereby ORDERED that the parties shall confer regarding whether that motion has become moot or is best deferred in light of recent events. It is FURTHER ORDERED that the parties shall file a joint status report on or before October 13, 2016, in which they identify which portions, if any, of the summary judgment either party submits the Court should decide at this time, with references to the specific page numbers in each of the briefs. Alternatively, either party may identify particular arguments it intends to preserve for future briefing and consideration. Signed by Judge Randolph D. Moss on 10/3/2016. (lcrdm3, ) (Entered: 10/03/2016)
2016-10-04Set/Reset Deadlines: The parties shall file a joint status report on or before 10/13/2016. (kt) (Entered: 10/04/2016)
2016-10-1327TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on September 26, 2016; Page Numbers: 1 - 28. Date of Issuance: October 13, 2016. Court Reporter: Jeff Hook; Contact Information: 202-354-3373 / jeff_hook@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purcha sed from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/3/2016. Redacted Transcript Deadline set for 11/13/2016. Release of Transcript Restriction set for 1/11/2017.(Hook, Jeff) (Entered: 10/13/2016)
2016-10-1328Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Kneedler, Jennie) (Entered: 10/13/2016)
2016-10-19Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 10/19/2016. Defendant's 7 Motion for Summary Judgment is DENIED, without prejudice, as moot. A further Status Conference is set for 3/6/2017, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Jeff Hook). (kt) (Entered: 10/19/2016)
2016-10-2829TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on October 19, 2016; Page Numbers: 1 - 16. Date of Issuance: October 28, 2016. Court Reporter: Jeff Hook. Contact info: 202-354-3373 / jeff_hook@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/18/2016. Redacted Transcript Deadline set for 11/28/2016. Release of Transcript Restriction set for 1/26/2017.(Hook, Jeff) (Entered: 10/28/2016)
2016-11-1030STATUS REPORT by DEPARTMENT OF JUSTICE. (Kneedler, Jennie) (Entered: 11/10/2016)
2016-12-0831STATUS REPORT by DEPARTMENT OF JUSTICE. (Kneedler, Jennie) (Entered: 12/08/2016)
2017-01-10MINUTE ORDER: Pursuant to the Court's Order of October 3, 2016 26 , the State Department was to file a status report on or before January 9, 2017, regarding the number of pages processed in response to Plaintiff's request. The Court has not received such a report. It is accordingly ORDERED that the State Department shall submit its status report on or before January 17, 2017, or show cause for its failure to comply with the Court's order. Signed by Judge Randolph D. Moss on 1/10/2017. (lcrdm3, ) (Entered: 01/10/2017)
2017-01-10Set/Reset Deadlines: The State Department shall submit its status report on or before 1/17/2017, or show cause for its failure to comply with the Court's order. (kt) (Entered: 01/10/2017)
2017-01-1032STATUS REPORT by DEPARTMENT OF JUSTICE. (Kneedler, Jennie) (Entered: 01/10/2017)
2017-02-0833STATUS REPORT by DEPARTMENT OF JUSTICE. (Kneedler, Jennie) (Entered: 02/08/2017)
2017-03-0634Joint MOTION to Continue by JASON LEOPOLD (Attachments: # 1 Text of Proposed Order Proposed Order)(James, Ryan) (Entered: 03/06/2017)
2017-03-06MINUTE ORDER: Upon consideration of the parties' Joint Motion to Continue 34 , the motion is hereby GRANTED. It is ORDERED that the status conference set for March 6, 2017, be VACATED and RESCHEDULED for March 23, 2017, at 10:00 a.m. Signed by Judge Randolph D. Moss on 3/6/2017. (lcrdm3, ) (Entered: 03/06/2017)
2017-03-06Set/Reset Hearings: The Status Conference set for 3/6/2017 is VACATED and RESCHEDULED to 3/23/2017, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 03/06/2017)
2017-03-0835STATUS REPORT by DEPARTMENT OF JUSTICE. (Kneedler, Jennie) (Entered: 03/08/2017)
2017-03-23Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 3/23/2017. Parties are to continue to file periodic reports to update the Court. (Court Reporter: Jeff Hook). (kt) (Entered: 03/23/2017)
2017-04-0736STATUS REPORT by DEPARTMENT OF JUSTICE. (Kneedler, Jennie) (Entered: 04/07/2017)
2017-05-0837STATUS REPORT by DEPARTMENT OF JUSTICE. (Kneedler, Jennie) (Entered: 05/08/2017)
2017-06-0838STATUS REPORT by DEPARTMENT OF JUSTICE. (Kneedler, Jennie) (Entered: 06/08/2017)
2017-07-0739STATUS REPORT by DEPARTMENT OF JUSTICE. (Kneedler, Jennie) (Entered: 07/07/2017)
2017-08-0840STATUS REPORT by DEPARTMENT OF JUSTICE. (Kneedler, Jennie) (Entered: 08/08/2017)
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