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Case TitleABAKPORO v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00846
Date Filed2018-04-05
Date Closed2019-03-05
JudgeJudge Timothy J. Kelly
PlaintiffIFEANYICHUKWU ERIC ABAKPORO
DefendantEXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS
DefendantLATANYA PIERCE
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-05Initiating Pleading & IFP Application Received on 04/05/2018. (zsb) (Entered: 04/18/2018)
2018-04-051COMPLAINT against EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS filed by IFEANYICHUKWU ERIC ABAKPORO (Attachment: # 1 Supplement) (zsb). (Main Document 1 replaced on 8/7/2018) (zmd). (Entered: 04/18/2018)
2018-04-052MOTION for Leave to Proceed in forma pauperis by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (zsb) (zsb). (Entered: 04/18/2018)
2018-04-053PRISONER TRUST FUND ACCOUNT STATEMENT by IFEANYICHUKWU ERIC ABAKPORO (zsb) (zsb). (Entered: 04/18/2018)
2018-04-0512MOTION to Compel defendant EOUSA to release the information requested by plaintiff without further delay by IFEANYICHUKWU ERIC ABAKPORO. (zmd) (Entered: 08/07/2018)
2018-05-034ORDER directing an initial partial filing fee in the amount of $64.35 from Prison Account of IFEANYICHUKWU ERIC ABAKPORO and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Emmet G. Sullivan on 5/3/2018. (zrdj) (Entered: 05/08/2018)
2018-05-09Case Reassigned to Judge Timothy J. Kelly. Unassigned is no longer assigned to the case. (zmd) (Entered: 05/09/2018)
2018-06-045SUMMONS (3) Issued as to EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, U.S. Attorney and U.S. Attorney General (zmd) (Entered: 06/04/2018)
2018-06-126RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/8/2018. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/8/2018. (Answer due for ALL FEDERAL DEFENDANTS by 7/8/2018.) (tth); Modified to correct the Answer due date on 8/1/2018 (tth). (Entered: 06/14/2018)
2018-06-127RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS served on 6/11/2018. (tth) (Entered: 06/14/2018)
2018-07-028NOTICE of Change of Address by IFEANYICHUKWU ERIC ABAKPORO. (tth) (Entered: 07/09/2018)
2018-08-019MOTION for Default Judgment against the defendants by IFEANYICHUKWU ERIC ABAKPORO. "LEAVE TO FILE GRANTED" by Judge Timothy J. Kelly on 8/1/2018. (tth) (Entered: 08/01/2018)
2018-08-01MINUTE ORDER denying Plaintiff's 9 motion for a default judgment. Under Federal Rule of Civil Procedure 55, there is a two-step procedure for obtaining a default judgment. Ventura v. L.A. Howard Constr. Co., 134 F. Supp. 3d 99, 102 (D.D.C. 2015). First, after a defendant has failed to plead or otherwise defend, the plaintiff may request that the Clerk of Court enter default against that defendant. Fed. R. Civ. P. 55(a). Second, after default is entered, the plaintiff may move for a default judgment. Fed. R. Civ. P. 55(b)(2). Because Plaintiff has not requested, and the Clerk has not entered, a default entry against Defendant, the Court DENIES Plaintiff's motion for a default judgment. The Clerk shall send a copy of this Order, and copies of the forms required to apply for a default entry, to Plaintiff at his address of record by first-class mail. Signed by Judge Timothy J. Kelly on 8/1/2018. (lctjk1) (Entered: 08/01/2018)
2018-08-0710MOTION for Briefing Schedule by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (McBride, Patricia) (Entered: 08/07/2018)
2018-08-0711ANSWER to 1 Complaint by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS.(McBride, Patricia) (Entered: 08/07/2018)
2018-08-10MINUTE ORDER: It is hereby ORDERED that Defendant's Motion to Set Briefing Schedule 10 is GRANTED. Defendant shall file its opposition to Plaintiff's Motion to Compel Defendant EOUSA to Release the Information Requested By Plaintiff Without Further Delay, ECF No. 12, and its cross-motion by September 20, 2018; Plaintiff shall file his reply and cross-motion by October 22, 2018; Defendant shall file its reply by November 21, 2018. Signed by Judge Timothy J. Kelly on 8/10/18. (ms) (Entered: 08/10/2018)
2018-08-10Set/Reset Deadlines: Defendant's opposition to Plaintiff's Motion to Compel Defendant EOUSA to Release the Information Requested By Plaintiff Without Further Delay, ECF No. 12, and its cross-motion due by September 20, 2018. Plaintiff's reply and cross-motion due by October 22, 2018. Defendant's reply due by November 21, 2018. (jl) (Entered: 08/10/2018)
2018-08-1613MOTION for Default Order Against Defendant Pursuant to FED. R. CIV. P. 55(a) as to by IFEANYICHUKWU ERIC ABAKPORO. "LEAVE TO FILE GRANTED" by Judge Timothy J. Kelly on 8/16/2018. (tth) (Entered: 08/20/2018)
2018-08-20MINUTE ORDER: In light of Defendant's filing of an answer 11 in response to Plaintiff's complaint, it is hereby ORDERED that Plaintiff's 13 Motion for Default Order Against Defendant Pursuant to Fed. R. Civ. P. 55(a) is DENIED AS MOOT. Signed by Judge Timothy J. Kelly on 8/20/2018. (lctjk1) Modified on 8/20/2018 (zkh). (Entered: 08/20/2018)
2018-08-2014Memorandum in opposition to re 10 MOTION for Briefing Schedule filed by IFEANYICHUKWU ERIC ABAKPORO. (tth) (Entered: 08/22/2018)
2018-09-1415MOTION for Extension of Time to by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 09/14/2018)
2018-09-19MINUTE ORDER: Defendant's 15 Motion for Extension of Time is hereby granted, and the briefing schedule set forth in the August 10, 2018 minute order is vacated. Defendant shall file its opposition to plaintiff's summary judgment motion and cross-motion by October 22, 2018; plaintiff shall file his reply and opposition to defendant's cross-motion by November 21, 2018; defendant shall file its reply by December 21, 2018. Signed by Judge Timothy J. Kelly on 9/19/18. (ms) (Entered: 09/19/2018)
2018-09-20Set/Reset Deadlines: Response to Motion for Summary Judgment and Cross Motion due by 10/22/2018. Reply to Motion for Summary Judgment and Response to Cross Motion due by 11/21/2018. Reply to Cross Motion due by 12/21/2018. (kh) (Entered: 09/20/2018)
2018-10-2516MOTION for Extension of Time to by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 10/25/2018)
2018-10-26MINUTE ORDER treating as opposed and granting in part Defendant's 16 Motion for Leave to Late File Defendant's Cross-Motion for Summary Judgment. This is Defendant's second request for an extension of this deadline, and on this occasion Defendant has offered up reasons for the extension that are scattershot, somewhat contradictory, and that do not justify one of such length. Assuming counsel simply miscalendared the deadline, as she represents, it does not appear that her injury, doctor's appointment and jury duty (the latter two of which occurred on and after the deadline, respectively) would be truly relevant to why an extension is necessary. In addition, because Defendant has moved after the deadline has passed, Defendant must demonstrate excusable neglect under Rule 6(b)(1)(B), a standard Defendant has neither cited nor attempted to meet. Nonetheless, the Court finds that Defendant has demonstrated excusable neglect, because the danger of prejudice to Plaintiff in granting the motion is minimal, Defendant recognized the error and moved only a few days after the deadline passed, and only a short delay will be granted. It is hereby ORDERED that Defendant shall file its opposition to Plaintiff's summary judgment motion and its cross-motion by November 9, 2018; Plaintiff shall file his reply and opposition to Defendant's cross-motion by December 12, 2018; and Defendant shall file its reply by January 18, 2019. The parties are advised that any further motions for extensions of time in this matter without consent of the opposing party must be filed at least one week in advance of the deadline to be extended. Untimely motions to extend time must contain an explanation for failing to comply with the one-week rule. Signed by Judge Timothy J. Kelly on 10/26/2018. (lctjk1) (Entered: 10/26/2018)
2018-11-0520Memorandum in Opposition to 16 Defendant's MOTION for Extension of Time filed by IFEANYICHUKWU ERIC ABAKPORO. "Leave to file GRANTED as Opposition to Defendant's 16 Motion" by Judge Timothy J. Kelly on 11/5/2018. (tth) (Entered: 11/21/2018)
2018-11-0917MOTION for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Declaration Hudgens Declaration)(McBride, Patricia) (Entered: 11/09/2018)
2018-11-0918NOTICE of Proposed Order by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (McBride, Patricia) (Entered: 11/09/2018)
2018-11-0919Memorandum in opposition to re 13 MOTION for Default Judgment as to filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (See Docket Entry 17 to view document). (znmw) (Entered: 11/14/2018)
2018-12-0421ORDER advising Plaintiff to respond by December 12, 2018 to Defendant's 17 Cross-Motion for Summary Judgment or risk dismissal of the case. See Order for details. Signed by Judge Timothy J. Kelly on 12/4/2018. (lctjk1) (Entered: 12/04/2018)
2018-12-1922REPLY to opposition to motion re 12 MOTION to Compel filed by IFEANYICHUKWU ERIC ABAKPORO. "Leave to file GRANTED" by Judge Timothy J. Kelly on 12/19/2018. (Attachments: # 1 Exhibits) (tth); Modified text on 12/19/2018 (tth). (Entered: 12/19/2018)
2018-12-1923Memorandum in opposition to re 17 MOTION for Summary Judgment filed by IFEANYICHUKWU ERIC ABAKPORO. (See Docket Entry 22 to view document) (tth) (Entered: 12/19/2018)
2018-12-1924MOTION to Take Judicial Notice by IFEANYICHUKWU ERIC ABAKPORO. (See Docket Entry 22 to view document) (tth) (Entered: 12/19/2018)
2019-01-1825MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/18/2019)
2019-01-22MINUTE ORDER granting, nunc pro tunc, Defendant's 25 Motion to Stay. This case shall be stayed until further order of the Court. It is further ORDERED that, within seven days after funding is restored for the Department of Justice, Defendant shall file a status report with a proposed deadline for Defendant's reply brief. Signed by Judge Timothy J. Kelly on 1/22/2019. (lctjk1) (Entered: 01/22/2019)
2019-02-0126NOTICE by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (McBride, Patricia) (Entered: 02/01/2019)
2019-02-04MINUTE ORDER: In light of Defendant's 26 Notice, it is hereby ORDERED that Defendant shall file its Reply in Support of its 17 Motion for Summary Judgment by February 25, 2019. It is further ORDERED that the stay in this case is LIFTED. Signed by Judge Timothy J. Kelly on 2/4/2019. (lctjk1) (Entered: 02/04/2019)
2019-02-2127MOTION for Extension of Time to Reply to Plaintiff's Opposition by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 02/21/2019)
2019-02-22MINUTE ORDER granting, in part, Defendant's 27 Motion for Extension of Time. It is hereby ORDERED that Defendant shall file its Reply in Support of its 17 Motion for Summary Judgment by March 4, 2019. Signed by Judge Timothy J. Kelly on 2/22/2019. (lctjk1) (Entered: 02/22/2019)
2019-03-0428REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (McBride, Patricia) (Entered: 03/04/2019)
2019-03-0529ORDER granting Plaintiff's 12 Motion for Summary Judgment and denying Defendant's 17 Motion for Summary Judgment. See Order for details. This is a final, appealable Order. The Clerk of Court is directed to close the case and mail a copy of this Order to Plaintiff at the address listed on the docket. Signed by Judge Timothy J. Kelly on 3/5/2019. (lctjk1) (Entered: 03/05/2019)
2019-03-0530MEMORANDUM OPINION in support of 29 Order granting Plaintiff's 12 Motion for Summary Judgment and denying Defendant's 17 Motion for Summary Judgment. The Clerk of Court is directed to mail a copy of this Opinion to Plaintiff at the address listed on the docket. Signed by Judge Timothy J. Kelly on 3/5/2019. (lctjk1) (Entered: 03/05/2019)
2019-03-1131LEAVE TO FILE DENIED - Letter from IFEANYICHUKWU ERIC ABAKPORO dated 2/25/2019. This document is unavailable as the Court denied its filing. "Leave to File DENIED, case closed." Signed by Judge Timothy J. Kelly on 3/11/2019. (tth) (Entered: 03/15/2019)
2019-04-0232MOTION to Alter Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(McBride, Patricia). Added MOTION to Amend/Correct on 4/3/2019 (tth). (Entered: 04/02/2019)
2019-04-10MINUTE ORDER: It is hereby ORDERED that Plaintiff shall file any response to Defendant's 32 Motion to Alter Judgment by April 23, 2019. If Plaintiff fails to meet this deadline, the Court will issue its ruling without the benefit of Plaintiff's position. The Court notes that it has broad discretion under Federal Rule of Civil Procedure 59(e) to alter or amend its judgment if "there is an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice." Firestone v. Firestone , 76 F.3d 1205, 1208 (D.C. Cir. 1996) (citation and internal quotation marks omitted). Signed by Judge Timothy J. Kelly on 4/10/2019. (lctjk1) (Entered: 04/10/2019)
2019-04-1933MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Alter Judgment MOTION to Amend/Correct by IFEANYICHUKWU ERIC ABAKPORO. (Attachment: # 1 Exhibit A) (tth) (Entered: 04/22/2019)
2019-04-22MINUTE ORDER, treating as opposed, and granting Plaintiff's 33 Motion for Extension of Time. It is hereby ORDERED that the Clerk of Court shall mail a copy of Defendant's 32 Motion to Alter Judgment, along with this Order, to Plaintiff at the address listed on the docket. It is further ORDERED that Plaintiff shall file any response to Defendant's Motion by May 22, 2019. Signed by Judge Timothy J. Kelly on 4/22/2019. (lctjk1) (Entered: 04/22/2019)
2019-05-1334Memorandum in opposition re 32 MOTION to Alter Judgment MOTION to Amend/Correct filed by IFEANYICHUKWU ERIC ABAKPORO. (tth) (Entered: 05/16/2019)
2019-05-2235ORDER granting Defendant's 32 Motion to Alter Judgment. See Order for details. Signed by Judge Timothy J. Kelly on 5/22/2019. (lctjk1) (Entered: 05/22/2019)
2019-06-1436NOTICE of Change of Address by IFEANYICHUKWU ERIC ABAKPORO. (tth) (Additional attachment(s) added on 6/19/2019: # 1 Exhibit Attachment) (ztth). (Entered: 06/19/2019)
2019-06-2137Mail Returned as Undeliverable; Sent to IFEANYICHUKWU ERIC ABAKPORO; Type of Document Returned: Copy of 35 Order mailed 5/22/2019. (kh) (Entered: 06/24/2019)
2019-06-27MINUTE ORDER: Pursuant to the Court's 35 Order granting Defendant's 32 Motion to Alter or Amend the Judgment, Defendant's status report was due to the Court on June 21, 2019. Defendant shall file its status report by June 28, 2019 and show cause in writing why counsel should not be sanctioned for failure to comply with the Court's deadlines. See October 26, 2018 Minute Order. Signed by Judge Timothy J. Kelly on 6/27/2019. (lctjk1) (Entered: 06/27/2019)
2019-06-2838RESPONSE TO ORDER OF THE COURT re Order,, Set Deadlines, filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (McBride, Patricia) (Entered: 06/28/2019)
2019-07-01MINUTE ORDER: Upon consideration of Defendant's 38 Response to Order of the Court, it is hereby ORDERED that Defendant shall complete its search for responsive records and file a status report by July 30, 2019. Signed by Judge Timothy J. Kelly on 7/1/2019. (lctjk1) (Entered: 07/01/2019)
2019-07-2639STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (McBride, Patricia) (Entered: 07/26/2019)
2019-07-26MINUTE ORDER: Upon consideration of Defendant's 39 Status Report, it is hereby ORDERED that the parties shall each submit a status report by August 30, 2019, concerning their positions as to whether Defendant has fully complied with its obligations under FOIA. Signed by Judge Timothy J. Kelly on 7/26/2019. (lctjk1) (Entered: 07/26/2019)
2019-08-0540MOTION for Order by IFEANYICHUKWU ERIC ABAKPORO (Attachment: # 1 Exhibits A - B) (tth) (Entered: 08/08/2019)
2019-08-2941STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (McBride, Patricia) (Entered: 08/29/2019)
2019-08-30MINUTE ORDER: Upon consideration of Defendant's 41 Status Report, it is hereby ORDERED that the parties shall each submit a further status report by October 2, 2019, setting forth their positions as to whether Defendant has fully complied with its obligations under FOIA. Signed by Judge Timothy J. Kelly on 8/30/2019. (lctjk1) (Entered: 08/30/2019)
2019-08-30MINUTE ORDER: To the extent Plaintiff's 40 Motion seeks to compel Defendant to deliver the responsive records to his correct address, it is DENIED as MOOT, since Defendant represents in its 41 Status Report that it has now done so. To the extent that it requests additional time to file a status report, it is DENIED as MOOT, as the Court has already ordered the parties to submit additional status reports by October 2, 2019. Finally, to the extent that it seeks to compel Defendant to file the responsive records on the docket, the Motion is DENIED, since Plaintiff has not explained why compelling it to do so is necessary or appropriate. Signed by Judge Timothy J. Kelly on 8/30/2019. (lctjk1) (Entered: 08/30/2019)
2019-09-0942STATUS REPORT by IFEANYICHUKWU ERIC ABAKPORO. (ztth) (Entered: 09/11/2019)
2019-09-2443MOTION to Intervene by LATANYA PIERCE (Attachments: # 1 Exhibit)(ztd) (Entered: 09/26/2019)
2019-09-3045STATUS REPORT by IFEANYICHUKWU ERIC ABAKPORO. (ztth) (Entered: 10/03/2019)
2019-09-3046NOTICE of Change of Address by IFEANYICHUKWU ERIC ABAKPORO. (ztth) (Entered: 10/03/2019)
2019-10-0244STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (McBride, Patricia) (Entered: 10/02/2019)
2019-10-02MINUTE ORDER: Upon consideration of Defendant's 44 Status Report, it is hereby ORDERED that Defendant shall submit a further status report by November 19, 2019, concerning its efforts to locate Plaintiff and provide him with the records described in Defendant's 44 Status Report. Signed by Judge Timothy J. Kelly on 10/2/2019. (lctjk1) (Entered: 10/02/2019)
2019-10-1147STATUS REPORT by IFEANYICHUKWU ERIC ABAKPORO. (ztth) (Entered: 10/15/2019)
2019-10-1848Mail Returned as Undeliverable; Sent to IFEANYICHUKWU ERIC ABAKPORO; Type of Document Returned: Minute Order dated 10/2/2019; Resent at New Address: Plaintiff's New Address of Record. (zkh) (Entered: 10/18/2019)
2019-10-2449NOTICE: Mail Returned as Undeliverable; Sent to IFEANYICHUKWU ERIC ABAKPORO; Type of Document Returned: Minute Order dated 8/30/2019; Resent at New Address: Plaintiff's New Address of Record. (zcal) (Entered: 10/24/2019)
2019-10-3050STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Exhibit A -)(McBride, Patricia) Modified event title on 11/4/2019 (znmw). (Entered: 10/30/2019)
2019-11-08MINUTE ORDER: Defendant represents in its 50 Status Report that Plaintiff has now received the records to which he was entitled. Defendant further represents that it "has therefore satisfied its FOIA obligation to Plaintiff." It is hereby ORDERED that Defendant shall file a motion for summary judgment by November 27, 2019. Signed by Judge Timothy J. Kelly on 11/8/2019. (lctjk1) (Entered: 11/08/2019)
2019-11-2251STATUS REPORT by IFEANYICHUKWU ERIC ABAKPORO. (ztd); ("Leave to file Granted" signed 11/22/19 by Judge Timothy J. Kelly) (Entered: 11/22/2019)
2019-11-2652MOTION for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Declaration, # 2 Exhibit)(McBride, Patricia) (Entered: 11/26/2019)
2019-11-2653ORDER advising Plaintiff to respond by December 27, 2019 to Defendant's 52 Motion for Summary Judgment or risk dismissal of the case. See Order for details. Signed by Judge Timothy J. Kelly on 11/26/2019. (lctjk1) (Entered: 11/26/2019)
2019-11-27Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/27/2019. (zkh) (Entered: 11/27/2019)
2019-12-2054MOTION for Extension of Time to File Response/Reply as to 52 MOTION for Summary Judgment by IFEANYICHUKWU ERIC ABAKPORO. (ztth) (Entered: 12/30/2019)
2019-12-30MINUTE ORDER treating as opposed and granting, for good cause shown, Plaintiff's 54 Motion for Extension of Time. It is hereby ORDERED that Plaintiff shall respond to Defendant's 52 Motion for Summary Judgment by February 20, 2020. Plaintiff represents in his 54 Motion that he received a copy of the Court's prior order explaining the consequences of his failure to respond to Defendant's 52 Motion for Summary Judgment by the Court-imposed deadline. The Court once again advises Plaintiff that if he fails to respond by February 20, 2020, the Court may treat Defendant's 52 Motion for Summary Judgment as conceded and, if circumstances warrant, render a judgment in favor of Defendant. The Clerk's Office is directed to mail to Plaintiff, at his address of record, a copy of this Order and a copy of Defendant's 52 Motion for Summary Judgment. Signed by Judge Timothy J. Kelly on 12/30/2019. (lctjk1) (Entered: 12/30/2019)
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