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Case TitleHUMANE SOCIETY INTERNATIONAL v. UNITED STATES FISH AND WILDLIFE SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00720
Date Filed2016-04-18
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffHUMANE SOCIETY INTERNATIONAL
Case DescriptionHumane Society International submitted a FOIA request to U.S. Fish and Wildlife Services for records concerning its Law Enforcement Management Information System, which maintains records on import and export of all wildlife specimens to and from the United States. The agency had disclosed records to the Humane Society from the database in past years, but the agency changed its policy and began to redact identifying information under Exemption 4 (confidential business information), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). The Humane Society appealed redactions made in response to its requests, but after hearing nothing further from the agency concerning its appeal, the Humane Society filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES FISH AND WILDLIFE SERVICE
DefendantUNITED STATES DEPARTMENT OF THE INTERIOR
DefendantS. M. R. JEWELL in her official capacity as Secretary of United States Department of the Interior
DefendantSAFARI CLUB INTERNATIONAL
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-04-181COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4489350) filed by HUMANE SOCIETY INTERNATIONAL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Friend, Laura) (Entered: 04/18/2016)
2016-04-182Corporate Disclosure Statement by HUMANE SOCIETY INTERNATIONAL. (Friend, Laura) (Entered: 04/18/2016)
2016-04-18Case Assigned to Judge Reggie B. Walton. (dr) (Entered: 04/18/2016)
2016-04-183SUMMONS (5) Issued Electronically as to SALLY JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(dr) (Entered: 04/18/2016)
2016-05-044NOTICE of Appearance by Anna Elizabeth Frostic on behalf of HUMANE SOCIETY INTERNATIONAL (Frostic, Anna) (Main Document 4 replaced on 5/5/2016) (ztd). (Entered: 05/04/2016)
2016-06-035RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/27/2016. (Attachments: # 1 Exhibit Receipts of Mailing)(Friend, Laura) (Main Document 5 replaced on 6/6/2016) (ztd). (Entered: 06/03/2016)
2016-06-036RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/27/2016. Answer due for ALL FEDERAL DEFENDANTS by 6/26/2016. (Attachments: # 1 Exhibit Receipts of Mailing)(Friend, Laura) (Entered: 06/03/2016)
2016-06-037RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES FISH AND WILDLIFE SERVICE served on 5/26/2016 (Attachments: # 1 Exhibit Receipts of Mailing)(Friend, Laura) (Entered: 06/03/2016)
2016-06-038RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF THE INTERIOR served on 5/26/2016 (Attachments: # 1 Exhibit Receipts of Mailing)(Friend, Laura) (Entered: 06/03/2016)
2016-06-039RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SALLY JEWELL served on 5/26/2016 (Attachments: # 1 Exhibit Receipts of Mailing)(Friend, Laura) (Entered: 06/03/2016)
2016-06-0310GENERAL ORDER. Signed by Judge Reggie B. Walton on June 3, 2016. (lcrbw1) (Entered: 06/03/2016)
2016-07-0111NOTICE of Appearance by Michael Benjamin Posner on behalf of All Defendants (Posner, Michael) (Entered: 07/01/2016)
2016-07-0112Consent MOTION for Extension of Time to File Answer re 1 Complaint, by SALLY JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Posner, Michael) (Entered: 07/01/2016)
2016-07-06MINUTE ORDER granting 12 Motion for Extension of Time to Answer. In light of the plaintiff's consent, and for good cause shown, it is hereby ORDERED that the defendants' Consent Motion for an Enlargement of Time 12 is GRANTED, and the defendants shall respond to the plaintiff's complaint by August 1, 2016. Signed by Judge Reggie B. Walton on July 6, 2016. (lcrbw1) (Entered: 07/06/2016)
2016-08-0113ANSWER to Complaint by SALLY JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE.(Posner, Michael) (Entered: 08/01/2016)
2016-08-0114Joint STATUS REPORT by SALLY JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Posner, Michael) (Entered: 08/01/2016)
2016-08-02MINUTE ORDER. In light of the representations set forth in the parties' Joint Status Report 14 , it is hereby ORDERED that the parties shall file their next Joint Status Report by September 15, 2016. Signed by Judge Reggie B. Walton on August 2, 2016. (lcrbw1) (Entered: 08/02/2016)
2016-08-02Set/Reset Deadlines: Joint Status Report due by 9/15/2016 (hs) (Entered: 08/02/2016)
2016-08-0515Unopposed MOTION to Intervene by SAFARI CLUB INTERNATIONAL (Attachments: # 1 Exhibit Declaration of Rew Goodenow, # 2 Text of Proposed Order, # 3 Proposed Answer)(Seidman, Anna) (Entered: 08/05/2016)
2016-08-1216Unopposed MOTION to Intervene (Corrected) by SAFARI CLUB INTERNATIONAL (Attachments: # 1 Exhibit Declaration of Rew Goodenow, # 2 Text of Proposed Order, # 3 Proposed Answer)(Seidman, Anna) (Entered: 08/12/2016)
2016-08-19MINUTE ORDER finding as moot 15 Motion to Intervene; granting 16 Motion to Intervene. In light of the parties' consent, and finding that the representations set forth in the Corrected Unopposed Motion to Intervene of Safari Club International 16 warrant the relief requested therein, it is hereby ORDERED that the motion is GRANTED, and Safari Club International is permitted to intervene as a defendant as of right in this action. It is further ORDERED that the Clerk of the Court shall file to the docket defendant-intervenor Safari Club International's proposed Answer, attached as exhibit 3 to its corrected motion to intervene, with a filing date of the date of this Order. It is further ORDERED that defendant-intervenor Safari Club International's prior Unopposed Motion to Intervene 15 is DENIED AS MOOT. Signed by Judge Reggie B. Walton on August 19, 2016. (lcrbw1) (Entered: 08/19/2016)
2016-08-1917ANSWER to Complaint by SAFARI CLUB INTERNATIONAL.(td) (Entered: 08/19/2016)
2016-09-1518Joint STATUS REPORT by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Posner, Michael) (Entered: 09/15/2016)
2016-09-1519Supplemental STATUS REPORT by SAFARI CLUB INTERNATIONAL. (Seidman, Anna) (Entered: 09/15/2016)
2016-09-16MINUTE ORDER. In light of the representations set forth in the Joint Status Report 18 and the Status Report by Safari Club International 19 , it is hereby ORDERED that the parties shall submit a Joint Status Report by October 31, 2016. Signed by Judge Reggie B. Walton on September 16, 2016. (lcrbw1) (Entered: 09/16/2016)
2016-09-16Set/Reset Deadlines: Joint Status Report due by 10/31/2016 (hs) (Entered: 09/16/2016)
2016-10-2120NOTICE of Appearance by Douglas Scott Burdin on behalf of SAFARI CLUB INTERNATIONAL (Burdin, Douglas) (Main Document 20 replaced on 10/24/2016) (znmw). (Entered: 10/21/2016)
2016-10-2821NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of All Defendants Substituting for attorney Michael B. Posner (Hair, Christopher) (Entered: 10/28/2016)
2016-10-3122Joint STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 10/31/2016)
2016-11-18MINUTE ORDER. In light of the representations set forth in the Status Report by All Parties 22 , it is hereby ORDERED that the parties shall submit a Joint Status Report on or before December 15, 2016. Signed by Judge Reggie B. Walton on 11/18/16. (lcrbw1) (Entered: 11/18/2016)
2016-11-18Set/Reset Deadlines: Joint Status Report due by 12/15/2016 (hs) (Entered: 11/18/2016)
2016-12-1523Joint STATUS REPORT by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 12/15/2016)
2016-12-16MINUTE ORDER. Upon consideration of the 23 Status Report by All Parties, and for good cause shown, it is hereby ORDERED that the parties shall file a joint status report on or before March 15, 2017. Signed by Judge Reggie B. Walton on December 16, 2016. (lcrbw1) (Entered: 12/16/2016)
2016-12-16Set/Reset Deadlines: Joint Status Report due by 3/15/2017 (hs) (Entered: 12/16/2016)
2017-03-1524Joint STATUS REPORT by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 03/15/2017)
2017-03-16MINUTE ORDER. Upon consideration of the 24 Status Report by All Parties, and for good cause shown, it is hereby ORDERED that the parties shall file a joint status report on or before April 14, 2017, that shall address, among other things, a date by which the Fish and Wildlife Service shall finalize its determinations regarding potential withholdings and provide a production schedule for all non-exempt, responsive information. Signed by Judge Reggie B. Walton on March 16, 2017. (lcrbw1) (Entered: 03/16/2017)
2017-03-16Set/Reset Deadlines: Joint Status Report due by 4/14/2017 (hs) (Entered: 03/16/2017)
2017-04-1325Joint STATUS REPORT by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 04/13/2017)
2017-04-18MINUTE ORDER. Upon consideration of the 25 Status Report by All Parties, and for good cause shown, it is hereby ORDERED that the defendants shall provide their first supplemental production to Humane Society on or before May 31, 2017, and shall supplement their production of any information they determine is responsive and non-exempt to Humane Society's FOIA requests on a rolling basis every 60 days. It is further ORDERED that the parties shall file another joint status report on or before August 30, 2017. Signed by Judge Reggie B. Walton on April 18, 2017. (lcrbw1) (Entered: 04/18/2017)
2017-04-18Set/Reset Deadlines: Joint Status Report due by 8/30/2017 (hs) (Entered: 04/18/2017)
2017-06-1926NOTICE OF SUBSTITUTION OF COUNSEL by William Mark Nebeker on behalf of S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE Substituting for attorney Christopher C. Hair (Nebeker, William) (Entered: 06/19/2017)
2017-08-3027Joint STATUS REPORT by HUMANE SOCIETY INTERNATIONAL. (Friend, Laura) (Entered: 08/30/2017)
2017-08-31MINUTE ORDER. Upon consideration of the 27 Status Report by All Parties, and for good cause shown, it is hereby ORDERED that the defendants shall conclude production on or before November 30, 2017. It is further ORDERED that the parties shall file a joint status report with a proposed briefing schedule on or before November 30, 2017. Signed by Judge Reggie B. Walton on August 31, 2017. (lcrbw1) (Entered: 08/31/2017)
2017-08-31Set/Reset Deadlines: Joint Status Report due by 11/30/2017 (hs) (Entered: 08/31/2017)
2017-09-14Case directly reassigned to Judge Timothy J. Kelly. Judge Reggie B. Walton is no longer assigned to the case. (ztnr) (Entered: 09/14/2017)
2017-11-3028Joint STATUS REPORT by HUMANE SOCIETY INTERNATIONAL. (Friend, Laura) (Entered: 11/30/2017)
2017-12-05MINUTE ORDER granting 28 Joint Proposed Schedule. Plaintiff shall identify any categories of withheld information that it no longer wishes to challenge, if any, by January 12, 2018. Government Defendants shall submit a Vaughn index by January 26, 2018. Plaintiff and Safari Club International shall notify all parties if they intend to challenge the Vaughn index by February 9, 2018. The parties shall file a joint status report containing a proposed briefing schedule for proceeding with the case by February 16, 2018. Signed by Judge Timothy J. Kelly on 12/5/2017. (lctjk3) (Entered: 12/05/2017)
2017-12-05Set/Reset Deadlines: Plaintiff shall identify any categories of withheld information that it no longer wishes to challenge by 1/12/2018. Vaughn Index due by 1/26/2018. Notification of Intent to Challenge the Vaughn Index due by 2/9/2018. Joint status report containing a proposed briefing schedule for proceeding with the case due by 2/16/2018. (kh) (Entered: 12/05/2017)
2018-01-2629NOTICE Of Filing Vaughn Index by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Declaration Vaughn, # 2 Exhibit Index)(Nebeker, William) (Entered: 01/26/2018)
2018-02-1530Joint STATUS REPORT by HUMANE SOCIETY INTERNATIONAL. (Friend, Laura) (Entered: 02/15/2018)
2018-02-20MINUTE ORDER: In light of the 30 Status Report filed by the parties and the representations therein, it is hereby ORDERED that Government Defendants and Safari Club International shall file their motions for summary judgment by April 27, 2018; Plaintiff shall file its Opposition to Defendants' Motions for Summary Judgment and any Cross-Motion for Summary Judgment by June 8, 2018; Government Defendants and Safari Club International shall file their Replies in support of their Motions for Summary Judgment and Oppositions to any Cross-Motion for Summary Judgment by July 13, 2018; and Plaintiff shall file its Reply in support of any Cross-Motion for Summary Judgment by August 15, 2018. Signed by Judge Timothy J. Kelly on 2/20/2018. (lctjk3) (Entered: 02/20/2018)
2018-02-21Set/Reset Deadlines: Summary Judgment motions due by 4/27/2018. Response to Motion for Summary Judgment and Cross Motions due by 6/8/2018. Reply to Motion for Summary Judgment and Response to Cross Motions due by 7/13/2018. Reply to Cross Motions due by 8/15/2018. (kh) (Entered: 02/21/2018)
2018-04-2531Joint MOTION to Modify the Summary Judgment Briefing by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) Modified event and text on 4/26/2018 (td). (Entered: 04/25/2018)
2018-04-26MINUTE ORDER granting 31 Joint Motion by All Parties to Revise the Summary Judgment Briefing Schedule. It is hereby ORDERED that the Government Defendants shall file their Motion for Summary Judgment by May 4, 2018; Safari Club shall file its Motion for Summary Judgment by May 11, 2018; Plaintiff shall file its Opposition to Defendants' Motions for Summary Judgment and any Cross-Motion for Summary Judgment by June 22, 2018; Government Defendants shall file their Reply in support of their Motion for Summary Judgment and Opposition to any Cross-Motion for Summary Judgment by July 20, 2018; Safari Club shall file its Reply in support of its Motion for Summary Judgment and Opposition to any Cross-Motion for Summary Judgment by July 27, 2018; and Plaintiff shall file its Reply in support of any Cross-Motion for Summary Judgment by August 24, 2018. Signed by Judge Timothy J. Kelly on 4/26/2018. (lctjk3) (Entered: 04/26/2018)
2018-05-0432MOTION for Summary Judgment by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Exhibit 1 (January 12, 2018 Email), # 2 Declaration Second Declaration of Carrie Hyde-Michaels (excluding bulky exhibits), # 3 Text of Proposed Order)(Nebeker, William) (Entered: 05/04/2018)
2018-05-0833NOTICE OF FILING REDACTED DOCUMENT to 32 MOTION for Summary Judgment (exhibits to Second Hyde-Michaels Declaration) by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (Attachments: # 1 Exhibit A List, # 2 Exhibit A Pages 1-154, # 3 Exhibit A Pages 155-299, # 4 Exhibit A Pages 300-450, # 5 Exhibit A Pages 451-600, # 6 Exhibit B)(Nebeker, William) (Entered: 05/08/2018)
2018-05-1134MOTION for Summary Judgment by SAFARI CLUB INTERNATIONAL (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Burdin, Douglas) (Entered: 05/11/2018)
2018-06-2235ENTERED IN ERROR.....Cross MOTION for Summary Judgment by HUMANE SOCIETY INTERNATIONAL (Attachments: # 1 Declaration Declaration of Adam Peyman, # 2 Declaration Declaration of Cara Sunberg, # 3 Text of Proposed Order)(Friend, Laura) Modified on 6/25/2018 (zjf). (Entered: 06/22/2018)
2018-06-2236MOTION for Summary Judgment by HUMANE SOCIETY INTERNATIONAL (Attachments: # 1 Declaration Declaration of Adam Peyman, # 2 Declaration Declaration of Cara Sunberg, # 3 Text of Proposed Order)(Friend, Laura). (Entered: 06/22/2018)
2018-06-2237Memorandum in opposition to re 34 MOTION for Summary Judgment , 32 MOTION for Summary Judgment filed by HUMANE SOCIETY INTERNATIONAL. (Attachments: # 1 Declaration Declaration of Adam Peyman, # 2 Declaration Declaration of Cara Sunberg, # 3 Text of Proposed Order)(Friend, Laura) (Main Document 37 replaced on 6/25/2018) (ztth). (Entered: 06/22/2018)
2018-06-25NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 35 Cross MOTION for Summary Judgment was entered in error and refiled by counsel.(See Docket Entry 36 to view document)(jf) (Entered: 06/25/2018)
2018-07-1838Unopposed MOTION for Extension of Time to File Response/Reply as to 34 MOTION for Summary Judgment , 32 MOTION for Summary Judgment , 36 Amended MOTION for Summary Judgment by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 07/18/2018)
2018-07-20MINUTE ORDER granting 38 Unopposed Motion for Extension. It is hereby ORDERED that the Government Defendants shall file their Reply in support of their Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by August 7, 2018; Safari Club shall file its Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by August 14, 2018; and Plaintiff shall file its Reply in support of its Cross-Motion for Summary Judgment by September 25, 2018. Signed by Judge Timothy J. Kelly on 7/20/2018. (lctjk3) (Entered: 07/20/2018)
2018-07-20Set/Reset Deadlines: Government Defendants' Reply in support of its Motion for Summary Judgment due by 8/7/2018. Safari Club's Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion due by 8/14/2018. (kh) (Entered: 07/20/2018)
2018-08-0839MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Summary Judgment , 36 Amended MOTION for Summary Judgment by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/08/2018)
2018-08-0840RESPONSE re 39 MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Summary Judgment , 36 Amended MOTION for Summary Judgment filed by HUMANE SOCIETY INTERNATIONAL. (Friend, Laura) (Entered: 08/08/2018)
2018-08-13MINUTE ORDER granting 39 Motion for Enlargement of Time. It is hereby ORDERED that the Government Defendants shall file their Reply in support of their Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by August 16, 2018; Safari Club shall file its Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by August 28, 2018; and Plaintiff shall file its Reply in support of its Cross-Motion for Summary Judgment by October 9, 2018. Signed by Judge Timothy J. Kelly on 8/13/2018. (lctjk3) (Entered: 08/13/2018)
2018-08-14Set/Reset Deadlines: Government Defendants Reply to Motion for Summary Judgment and Response to Cross Motions due by 8/16/2018. Safari Club's Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion due by 8/28/2018. Plaintiff's Reply to Cross Motions due by 10/9/2018. (kh) (Entered: 08/14/2018)
2018-08-1641Memorandum in opposition to re 36 Amended MOTION for Summary Judgment filed by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/16/2018)
2018-08-1642REPLY to opposition to motion re 32 MOTION for Summary Judgment (same as ECF No. 41) filed by S. M. R. JEWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Nebeker, William) (Entered: 08/16/2018)
2018-08-2843Memorandum in opposition to re 36 Amended MOTION for Summary Judgment filed by SAFARI CLUB INTERNATIONAL. (Burdin, Douglas) (Entered: 08/28/2018)
2018-08-2844REPLY to opposition to motion re 34 MOTION for Summary Judgment (same as ECF 43) filed by SAFARI CLUB INTERNATIONAL. (Burdin, Douglas) (Entered: 08/28/2018)
2018-10-0945REPLY to opposition to motion re 36 Amended MOTION for Summary Judgment filed by HUMANE SOCIETY INTERNATIONAL. (Friend, Laura) (Entered: 10/09/2018)
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