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Case TitleHEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00211
Date Filed2016-02-08
Date ClosedOpen
JudgeJudge Rosemary M. Collyer
PlaintiffHEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS
doing business as NATIONAL IMMIGRANT JUSTICE CENTER
Case DescriptionHeartland Alliance for Human Needs & Human Rights submitted a FOIA request to the Department of Homeland Security's Office of Civil Rights and Civil Liberties for records related to the statistical monitoring of the Secure Communities program, an immigration enforcement program administered by U.S. Immigration and Customs Enforcement from 2008-2014. After narrowing its request, the agency located 7,735 pages as responsive to the request. The agency released 2,833 pages entirely and withheld 4,902 pages entirely under Exemption 5 (privileges), Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Heartland appealed that decision and the agency remanded the case back to CRCL for clarification of exemption claims. Heartland heard nothing further from the agency concerning that request. Heartland submitted a second FOIA request to ICE for records concerning ICE's monitoring of the Secure Communities program. The agency acknowledged the request, but after the agency failed to respond further, Heartland appealed the delay. After hearing nothing further concerning its appeal, Heartland filed suit on both requests.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantUNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-02-081COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4404977) filed by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to DHS, # 3 Summons to ICE, # 4 Summons to Attorney General, # 5 Summons to U.S. Attorney for the District of Columbia, # 6 Exhibit 1, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11, # 17 Exhibit 12, # 18 Exhibit 13, # 19 Exhibit 14, # 20 Exhibit 15)(Watkins, Seth) (Entered: 02/08/2016)
2016-02-082LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS (Watkins, Seth) (Entered: 02/08/2016)
2016-02-08Case Assigned to Judge Rosemary M. Collyer. (sth) (Entered: 02/08/2016)
2016-02-083SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(sth) (Entered: 02/08/2016)
2016-02-184RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/11/2016. Answer due for ALL FEDERAL DEFENDANTS by 3/12/2016. (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 02/18/2016)
2016-02-185RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/11/2016. (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 02/18/2016)
2016-02-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 2/10/2016 (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 02/18/2016)
2016-02-187RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT served on 2/10/2016 (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 02/18/2016)
2016-03-098Consent MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 03/09/2016)
2016-03-10MINUTE ORDER granting 8 Defendants' consent Motion for Extension of Time to File Answer. Answer due April 14, 2016. Signed by Judge Rosemary M. Collyer on 3/10/2016. (KD) (Entered: 03/10/2016)
2016-03-10Set/Reset Deadlines/Hearings: Answer to Complaint due by 4/14/2016. (zcdw) (Entered: 03/11/2016)
2016-04-149ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.(Peterson, Benton) (Entered: 04/14/2016)
2016-04-15MINUTE ORDER requiring the parties to file, no later than May 2, 2016 a joint proposed schedule for Defendants' motion for summary judgment, Plaintiff's opposition, and Defendants' reply. Signed by Judge Rosemary M. Collyer on 4/15/2016. (KD) (Entered: 04/15/2016)
2016-04-15Set/Reset Deadlines/Hearings: Joint Proposed Briefing Schedule due by 5/2/2016. (cdw) (Entered: 04/18/2016)
2016-05-0210PROPOSED BRIEFING SCHEDULE - Joint Proposed Production Schedule by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Watkins, Seth) (Entered: 05/02/2016)
2016-05-03MINUTE ORDER requiring Defendants to produce documents on a rolling basis, monthly starting July 1, 2016. The parties shall submit a joint status report on August 12, 2016. Signed by Judge Rosemary M. Collyer on 5/3/2016. (KD) Modified on 5/4/2016 (cdw). (Entered: 05/03/2016)
2016-05-03Set/Reset Deadlines/Hearings: Joint Status Report due by 8/12/2016. (cdw) (Entered: 05/04/2016)
2016-06-1411Consent MOTION for Extension of Time to by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 06/14/2016)
2016-06-14MINUTE ORDER granting 11 consent Motion for Extension of Time; Defendants shall produce documents on a rolling basis, monthly starting July 8, 2016. Signed by Judge Rosemary M. Collyer on 6/14/2016. (KD) (Entered: 06/14/2016)
2016-08-0512Consent MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 08/05/2016)
2016-08-08MINUTE ORDER granting 12 Defendants' Consent Motion for Enlargement of Time for Joint Status Report. The parties shall submit a joint status report no later than August 17, 2016. Signed by Judge Rosemary M. Collyer on 8/8/2016. (lcrmc2) (Entered: 08/08/2016)
2016-08-08Set/Reset Deadlines/Hearings: Joint Status Report due by 8/17/2016. (cdw) (Entered: 08/08/2016)
2016-08-1713Joint STATUS REPORT by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Watkins, Seth) (Entered: 08/17/2016)
2016-10-0714Joint STATUS REPORT and Plaintiffs Request for Declarations and a Status Conference by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Watkins, Seth) (Entered: 10/07/2016)
2016-10-0715Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Giang T. Tonthat, :Firm- Adduci, Mastriani & Schaumberg LLP, :Address- 1133 Connecticut Avenue, NW, Washington DC 20036. Phone No. - 202-467-6300. Fax No. - 202-466-2006 Filing fee $ 100, receipt number 0090-4702861. Fee Status: Fee Paid. by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS (Attachments: # 1 Declaration of Giang T. Tonthat, # 2 Text of Proposed Order)(Watkins, Seth) (Entered: 10/07/2016)
2016-10-11MINUTE ORDER granting 15 Motion for Leave to Appear Pro Hac Vice. Mr. Tonthat is admitted to represent Plaintiff Heartland Alliance for Human Needs & Human Rights. Signed by Judge Rosemary M. Collyer on 10/11/2016. (DAS) (Entered: 10/11/2016)
2016-10-1416RESPONSE re 14 Status Report filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Peterson, Benton) (Entered: 10/14/2016)
2016-10-2117RESPONSE re 14 Status Report filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Peterson, Benton) (Entered: 10/21/2016)
2016-10-2618REPLY re 16 Response to Document, 17 Response to Document in Reply to Defendants' Responses filed by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Watkins, Seth) Modified event title on 10/27/2016 (znmw). (Entered: 10/26/2016)
2016-11-07Set/Reset Deadlines/Hearings: Telephone Conference set for 11/15/2016 at 2:00 PM before Judge Rosemary M. Collyer. (cdw) (Entered: 11/07/2016)
2016-11-0719STATUS REPORT by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Peterson, Benton) (Entered: 11/07/2016)
2016-11-15Minute Entry for proceedings held before Judge Rosemary M. Collyer: Telephone Conference held on 11/15/2016. Telephone Conference set for 11/29/2016 at 12:30 PM in Courtroom 8 before Judge Rosemary M. Collyer. (Court Reporter CRYSTAL PILGRIM.) (mac) (Entered: 11/15/2016)
2016-11-29Minute Entry for proceedings held before Judge Rosemary M. Collyer: Telephone Conference held on 11/29/2016. (Court Reporter: Crystal Pilgrim) (cdw) (Entered: 11/29/2016)
2016-12-0120ORDER requiring Defendants to locate and produce all Secure Communities and Priority Enforcement Program statistical monitoring reports no later than January 12, 2017. Plaintiff shall submit a status report no later than January 26, 2017. Production of any other documents is suspended until February 23, 2017. Signed by Judge Rosemary M. Collyer on 12/1/2016. (DAS) (Entered: 12/01/2016)
2017-01-1121Consent MOTION for Leave to File an Amended Complaint by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Exhibit 1 to Amended Complaint, # 3 Exhibit 2 to Amended Complaint, # 4 Exhibit 3 to Amended Complaint, # 5 Exhibit 4 to Amended Complaint, # 6 Exhibit 5 to Amended Complaint, # 7 Exhibit 6 to Amended Complaint, # 8 Exhibit 7 to Amended Complaint, # 9 Exhibit 8 to Amended Complaint, # 10 Exhibit 9 to Amended Complaint, # 11 Exhibit 10 to Amended Complaint, # 12 Exhibit 11 to Amended Complaint, # 13 Exhibit 12 to Amended Complaint, # 14 Exhibit 13 to Amended Complaint, # 15 Exhibit 14 to Amended Complaint, # 16 Exhibit 15 to Amended Complaint, # 17 Exhibit 16 to Amended Complaint, # 18 Exhibit 17 to Amended Complaint, # 19 Exhibit 18 to Amended Complaint, # 20 Exhibit 19 to Amended Complaint, # 21 Exhibit 20 to Amended Complaint, # 22 Exhibit 21 to Amended Complaint, # 23 Exhibit 22 to Amended Complaint, # 24 Exhibit 23 to Amended Complaint, # 25 Text of Proposed Order)(Watkins, Seth) (Entered: 01/11/2017)
2017-01-11MINUTE ORDER granting 21 Motion for Leave to File First Amended Complaint. Signed by Judge Rosemary M. Collyer on 1/11/2017. (DAS) (Entered: 01/11/2017)
2017-01-1122AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT filed by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23)(znmw) (Entered: 01/12/2017)
2017-01-2423Unopposed MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 01/24/2017)
2017-01-25MINUTE ORDER granting 23 Motion for Extension of Time. Defendants shall answer or otherwise respond no later than February 10, 2017. Signed by Judge Rosemary M. Collyer on 1/25/2017. (DAS) (Entered: 01/25/2017)
2017-01-2524Unopposed MOTION for Extension of Time to File Status Report by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 01/25/2017)
2017-01-26MINUTE ORDER granting 24 Motion for Extension of Time. Plaintiff shall submit a status report no later than January 31, 2017. Signed by Judge Rosemary M. Collyer on 1/26/2017. (DAS) (Entered: 01/26/2017)
2017-01-26Set/Reset Deadlines/Hearings: Plaintiff's Status Report due by 1/31/2017. (cdw) (Entered: 01/27/2017)
2017-01-3125STATUS REPORT by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Attachments: # 1 Exhibit 1)(Watkins, Seth) (Entered: 01/31/2017)
2017-02-01MINUTE ORDER setting briefing schedule for partial summary judgment. The Court treats Plaintiffs 25 Status Report as a motion for a briefing schedule and finds it consistent with the Courts previous statements in telephone conferences on November 15, 2016 and November 29, 2016. Defendants shall move for partial summary judgment no later than March 1, 2017. Plaintiffs opposition and cross motion shall be filed no later than March 29, 2017. Defendants opposition and reply shall be filed no later than April 19, 2017. Plaintiffs reply shall be filed no later than May 3, 2017. Signed by Judge Rosemary M. Collyer on 2/1/2017. (DAS) (Entered: 02/01/2017)
2017-02-01Set/Reset Deadlines/Hearings: Defendants' partial Summary Judgment motion due by 3/1/2017. Response to Motion for Summary Judgment due by 3/29/2017. Reply to Motion for Summary Judgment due by 4/19/2017. Plaintiff's Cross Motion due by 3/29/2017. Response to Cross Motion due by 4/19/2017. Reply to Cross Motion due by 5/3/2017. (cdw) (Entered: 02/01/2017)
2017-02-02MINUTE ORDER suspending review and production by Defendants of any other documents responsive to Plaintiff's FOIA requests at issue in this action until the Court issues an order on the partial motion for summary judgment. Signed by Judge Rosemary M. Collyer on 2/2/2017. (DAS) (Entered: 02/02/2017)
2017-02-1026ANSWER to 22 Amended Complaint,, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. Related document: 22 Amended Complaint,, filed by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS.(Peterson, Benton) (Entered: 02/10/2017)
2017-02-13NOTICE OF ERROR re 26 Answer to Amended Complaint; emailed to benton.peterson@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. No attorney signature/signature page; File signature page as an attachment to an Errata. (znmw, ) (Entered: 02/13/2017)
2017-02-1327NOTICE of Errata by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT re 26 Answer to Amended Complaint, (Attachments: # 1 Exhibit)(Peterson, Benton) (Entered: 02/13/2017)
2017-02-2428Unopposed MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 02/24/2017)
2017-02-27MINUTE ORDER granting 28 Motion for Extension of Time. Plaintiff shall file an updated status report no later than April 4, 2017. Defendants shall move for partial summary judgment no later than April 18, 2017. Plaintiff's opposition and cross motion shall be filed no later than May 2, 2017. Defendants' opposition and reply shall be filed no later than May 16, 2017. Plaintiff's reply shall be filed no later than May 31, 2017. As stated in the Court's February 2, 2017 Minute Order, review and production is otherwise suspended until an order on the partial motion for summary judgment. Signed by Judge Rosemary M. Collyer on 2/27/2017. (DAS) (Entered: 02/27/2017)
2017-02-27Set/Reset Deadlines/Hearings: Plaintiff's Status Report due by 4/4/2017. Defendants' partial Summary Judgment motion due by 4/18/2017. Response to Motion for partial Summary Judgment due by 5/2/2017. Reply to Motion for partial Summary Judgment due by 5/16/2017. Plaintiff's Cross Motion due by 5/2/2017. Response to Cross Motion due by 5/16/2017. Reply to Cross Motion due by 5/31/2017. (cdw) (Entered: 02/27/2017)
2017-04-0429STATUS REPORT by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Attachments: # 1 Exhibit 1, # 2 Errata 2, # 3 Exhibit 3, # 4 Exhibit 4)(Watkins, Seth) (Entered: 04/04/2017)
2017-04-1230Unopposed MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 04/12/2017)
2017-04-13MINUTE ORDER granting 30 Motion for Extension of Time. Defendants shall move for partial summary judgment no later than April 28, 2017. Plaintiff's opposition and cross motion shall be filed no later than May 12, 2017. Defendants' opposition and reply shall be filed no later than May 30, 2017. Plaintiff's reply shall be filed no later than June 14, 2017. Signed by Judge Rosemary M. Collyer on 4/13/2017. (DAS) (Entered: 04/13/2017)
2017-04-13Set/Reset Deadlines/Hearings: Defendant's partial Summary Judgment motion due by 4/28/2017. Response to Motion for Summary Judgment due by 5/12/2017. Reply to Motion for Summary Judgment due by 5/30/2017. Plaintiff's Cross Motion due by 5/12/2017. Response to Cross Motion due by 5/30/2017. Reply to Cross Motions due by 6/17/2017. (cdw) (Entered: 04/13/2017)
2017-04-2831MOTION for Partial Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Text of Proposed Order)(Peterson, Benton) (Entered: 04/28/2017)
2017-05-1232Cross MOTION for Summary Judgment and Memorandum in Opposition to DHS's Motion for Partial Summary Judgment by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS (Attachments: # 1 Declaration Declaration of Seth A. Watkins In Support of Plaintiffs Cross-Motion for Partial Summary Judgment, # 2 Exhibit 1 to Declaration, # 3 Exhibit 2 to Declaration, # 4 Exhibit 3 to Declaration, # 5 Exhibit 4 to Declaration, # 6 Exhibit 5 to Declaration, # 7 Exhibit 6 to Declaration, # 8 Exhibit 7 to Declaration, # 9 Exhibit 8 to Declaration, # 10 Exhibit 9 to Declaration, # 11 Statement of Facts Not in Dispute, # 12 Statement of Facts Response to Defendant's Statement of Undisputed Material Facts, # 13 Text of Proposed Order)(Watkins, Seth) (Entered: 05/12/2017)
2017-05-1233Memorandum in opposition to re 31 MOTION for Partial Summary Judgment filed by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (See Docket Entry 32 to view document). (znmw) (Entered: 05/15/2017)
2017-05-3034Memorandum in opposition to re 32 Cross MOTION for Summary Judgment and Memorandum in Opposition to DHS's Motion for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts)(Peterson, Benton) (Entered: 05/30/2017)
2017-05-3035REPLY to opposition to motion re 31 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts)(Peterson, Benton) (Entered: 05/30/2017)
2017-06-1436REPLY to opposition to motion re 32 Cross MOTION for Summary Judgment and Memorandum in Opposition to DHS's Motion for Partial Summary Judgment filed by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Watkins, Seth) (Entered: 06/14/2017)
2017-06-2037NOTICE OF WITHDRAWAL OF APPEARANCE as to HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. Attorney Giang T. Tonthat terminated. (Watkins, Seth) (Entered: 06/20/2017)
2017-06-2738NOTICE of Change of Address by Seth A. Watkins (Watkins, Seth) (Entered: 06/27/2017)
2017-09-1139NOTICE of Change of Address by Seth A. Watkins (Watkins, Seth) (Entered: 09/11/2017)
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