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Case TitleHIGGINS v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2010cv01485
Date Filed2010-08-31
Date Closed2013-05-14
JudgeJudge Robert L. Wilkins
PlaintiffOLIVER J. HIGGINS
DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantEXECUTIVE OFFICE OF U.S. ATTORNEYS
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantDRUG ENFORCEMENT ADMINISTRATION
DefendantBUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
DefendantUNITED STATES SECRET SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [32]
Opinion/Order [39]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-08-311COMPLAINT against BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, CHARLOTTE DIVISION, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE (Filing fee $ 0.00) filed by OLIVER J. HIGGINS. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet)(dr) (Entered: 09/02/2010)
2010-08-31SUMMONS (9) Issued as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, CHARLOTTE DIVISION, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE,U.S. Attorney and U.S. Attorney General (dr) (Entered: 09/02/2010)
2010-08-312MOTION for Leave to Proceed in forma pauperis by OLIVER J. HIGGINS (dr) (Entered: 09/02/2010)
2010-08-313PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by OLIVER J. HIGGINS (dr) (Entered: 09/02/2010)
2010-08-314ORDER directing an initial partial filing fee in the amount of $33.28 from Prison Account of Oliver J. Higgins. Signed by Judge Reggie B. Walton on 8/31/2010. further Ordered, granting 2 Motion for leave to Proceed in forma pauperis (See order for full details). (dr) (Entered: 09/02/2010)
2010-09-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS served on 9/2/2010; FEDERAL BUREAU OF INVESTIGATION served on 9/2/2010 (dr) (Entered: 09/02/2010)
2010-09-136RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES SECRET SERVICE served on 9/7/2010 (rdj) (Entered: 09/14/2010)
2010-09-137RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 9/7/2010 (rdj) (Entered: 09/14/2010)
2010-09-138RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES served on 9/7/2010 (rdj) (Entered: 09/14/2010)
2010-09-139RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 9/7/2010. (rdj) (Entered: 09/14/2010)
2010-09-1510RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DRUG ENFORCEMENT ADMINISTRATION served on 9/3/2010 (dr) (Entered: 09/16/2010)
2010-10-0111RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 10/1/2010 (dr) (Entered: 10/04/2010)
2010-10-0112RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed in a FOIA Case U.S. Attorney, served on 10/1/2010, answer due 11/1/2010. (dr) (Entered: 10/04/2010)
2010-10-2713NOTICE of Appearance by Sean Joseph Vanek on behalf of All Defendants (Attachments: # 1 Certificate of Service)(Vanek, Sean) (Entered: 10/27/2010)
2010-10-2714MOTION for Extension of Time to Respond to the Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 10/27/2010)
2010-10-28MINUTE ORDER: Defendants' 14 Motion for Extension of Time is granted, and their Answer or other response to the Complaint is due by December 3, 2010. Signed by Judge John D. Bates on 10/27/10. (ms, ) (Entered: 10/28/2010)
2010-12-0315Second MOTION for Extension of Time to Respond to the Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 12/03/2010)
2010-12-06MINUTE ORDER: Defendants' Second 15 Motion for Extension of Time is granted and their Answer or other response to the Complaint is due by December 17, 2010. Signed by Judge John D. Bates on 12/3/10. (ms, ) (Entered: 12/06/2010)
2010-12-06Set/Reset Deadlines: Answer due by 12/17/2010, (tb, ) (Entered: 12/06/2010)
2010-12-1316Third MOTION for Extension of Time to Respond to the Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 12/13/2010)
2010-12-13MINUTE ORDER: Defendants' third 16 Motion for Extension of Time is granted, and their answer or other resopnse to the complaint is due by January 7, 2011. Signed by Judge John D. Bates on 12/13/10. (ms, ) (Entered: 12/13/2010)
2011-01-0617MOTION for Extension of Time to Respond to the Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 01/06/2011)
2011-01-06MINUTE ORDER: Defendants' 17 Motion for Extension of Time is granted, and their answer or other response to the complaint is due by February 7, 2011. Signed by Judge John D. Bates on 1/6/11. (ms, ) (Entered: 01/06/2011)
2011-01-06Set/Reset Deadlines: Answer due by 2/7/2011. (tb, ) (Entered: 01/07/2011)
2011-01-20Case reassigned to U.S. District Judge Robert L. Wilkins. Judge John D. Bates no longer assigned to the case. (gt, ) (Entered: 01/20/2011)
2011-02-0418MOTION for Extension of Time to Respond to the Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 02/04/2011)
2011-02-10MINUTE ORDER: Defendants' 18 Motion for Extension of Time is granted, and their answer or other response to the complaint is due by March 4, 2011. Signed by Judge John D. Bates on 2/10/11. (ms, ) (Entered: 02/10/2011)
2011-02-10Set/Reset Deadlines: Answer/Response due by 3/4/2011 (tcb) (Entered: 02/10/2011)
2011-03-0319MOTION for Extension of Time to Respond to the Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 03/03/2011)
2011-03-0720MOTION for Extension of Time to Respond to the Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 03/07/2011)
2011-03-08MINUTE ORDER granting 19 & 20 Motion for Extension of Time to Respond to the Complaint; it is hereby ORDERED that Defendants file their dispositive response to Plaintiffs Complaint on or before April 22, 2011. Signed by Judge Robert L. Wilkins on 3/8/2011. (tcb) (Entered: 03/08/2011)
2011-04-0721MOTION to Stay by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 04/07/2011)
2011-04-0822ORDER granting 21 Defendants' Motion to Stay further proceedings in the event of a federal government shutdown, it is hereby: ORDERED that Defendants motion is GRANTED; and it is furtherORDERED that further proceedings in this action shall be stayed in the event of a federal government shutdown; and its is further ORDERED that Defendants shall file a status report proposing new deadlines within seven (7) days of resumption of normal federal government operations. Signed by Judge Robert L. Wilkins on 4/8/2011. (tcb) (Entered: 04/08/2011)
2011-04-2123MOTION for Extension of Time to Respond to the Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 04/21/2011)
2011-04-25MINUTE ORDER granting 23 Motion for Extension of Time to Respond to the Complaint; ORDERED that Defendants file their dispositive response to Plaintiffs Complaint on or before May 27, 2011. Signed by Judge Robert L. Wilkins on 4/25/2011. (tcb) (Entered: 04/25/2011)
2011-05-2624MOTION for Extension of Time to Respond to the Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 05/26/2011)
2011-05-3125ORDER granting 24 Motion for Extension of Time to Respond to the Complaint; and it is further ORDERED that Defendants file their dispositive response to Plaintiffs Complaint on or before June 10, 2011. Signed by Judge Robert L. Wilkins on 5/31/2011. (tcb) (Entered: 05/31/2011)
2011-06-01NOTICE: A copy of the Court's Order dated 5/31/2011 has been mailed to Plaintiff: OLIVER J. HIGGINS,R20518-076,MCREARY UNITED STATES PENITENTIARYP.O. Box 3000, Pine Knot, KY 42635 on 5/31/2011. (tcb) (Entered: 06/01/2011)
2011-06-1026MOTION for Summary Judgment by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Certificate of Service, # 5 Declaration Kornmeier, # 6 Declaration LaBrie)(Vanek, Sean). Added MOTION to Dismiss on 6/10/2011 (rdj). (Counsel is instructed to docket all parts of the motion in the future). (Entered: 06/10/2011)
2011-06-1027LARGE ADDITIONAL ATTACHMENT(S) by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE 26 MOTION for Summary Judgment filed by EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES SECRET SERVICE, DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE, DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration Prewitt, # 2 Declaration Little)(Vanek, Sean) (Entered: 06/10/2011)
2011-06-1028Order advising plaintiff to respond to defendants' motion to dismiss or for summary judgment by 7/22/2011, or the Court may deem the motion conceded. Signed by Judge Robert L. Wilkins on 6/10/11. (ms, ) (Entered: 06/10/2011)
2011-06-10Set/Reset Deadlines: Plaintiff shall file his opposition or other response to the defendants motion to dismiss or for summary judgment no later than 7/22/2011; Defendants shall file a reply, if any, no later than 8/12/2011. (ad) (Entered: 06/10/2011)
2011-07-2829Letter from OLIVER J. HIGGINS "Leave to file GRANTED" by Judge Robert L. Wilkins (rdj) (Entered: 07/28/2011)
2011-07-28MINUTE ORDER: The Court construes plaintiff's June 27, 2011 letter 29 as a motion for an extension of time and grants the motion. Plaintiff shall file his opposition to defendants' motion by September 22, 2011, and defendants shall file a reply, if any, by October 21, 2011. Signed by Judge Robert L. Wilkins on 7/28/11. (ms, ) (Entered: 07/28/2011)
2011-07-28Set/Reset Deadlines: Plaintiff's Opposition due by 9/22/2011 Defendant's Reply due by 10/21/2011. (tcb) (Entered: 07/28/2011)
2011-08-2930Memorandum in opposition to re 26 MOTION for Summary Judgment MOTION to Dismiss filed by OLIVER J. HIGGINS. (rdj) (Entered: 08/31/2011)
2011-10-2031REPLY to opposition to motion re 26 MOTION for Summary Judgment MOTION to Dismiss filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE. (Attachments: # 1 Certificate of Service)(Vanek, Sean) (Entered: 10/20/2011)
2013-01-3032MEMORANDUM OPINION re: Defendants 26 MOTION for Summary Judgment. Signed by Judge Robert L. Wilkins on 1/30/2013. (tcb) (Entered: 01/30/2013)
2013-01-3033ORDER re: Defendants 26 MOTION for Summary Judgment; For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that Defendants Motion to Dismiss or Alternatively, for Summary Judgment [Dkt. #26] is GRANTED IN PART. FBI, DEA, BATFE and Secret service have conducted reasonablesearches for records responsive to plaintiffs FOIA request; BATFE properly has withheld information under Exemption 3; DEA and Secret Service properly have withheld information under Exemption 7(C); DEA properly has withheld information under Exemptions 7(D) and 7(E); and DEA and the SecretService have released all reasonably segregable information to plaintiff. In all other respects, the motion is DENIED WITHOUT PREJUDICE. It isFURTHER ORDERED that defendants shall file a renewed motion for summary judgment not later than March 15, 2013; plaintiff shall file his opposition or other response to the motion not later than April 19, 2013, and defendants shall file a reply not later than May 3, 2013. Signed by Judge Robert L. Wilkins on 1/30/2013. (tcb) (Entered: 01/30/2013)
2013-01-30Set/Reset Deadlines: Defendants Renewed motion for summary judgment due by 3/15/2013. Plaintiff's opposition due by 4/19/2013. Defendants reply due by 5/3/2013. (tcb) (Entered: 01/30/2013)
2013-01-30NOTICE: The Court's orders dated 1/30/2013 have been mailed by first class mail to Plaintiff: OLIVER J. HIGGINS, R20518-076, MCREARY UNITED STATES PENITENTIARY, P.O. Box 3000, Pine Knot, KY 42635 on January 30, 2013 (tcb) (Entered: 01/30/2013)
2013-03-1534MOTION for Extension of Time to Renew Summary Judgment Motion by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 03/15/2013)
2013-03-1935ORDER granting 34 MOTION for Extension of Time to Renew Summary Judgment Motion;and it is further ORDERED that Defendants file their renewed summary judgment motion on or before March 22, 2013. Signed by Judge Robert L. Wilkins on 3/19/2013. (tcb) (Entered: 03/19/2013)
2013-03-2136MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration Bruckman, # 4 Declaration Hardy, # 5 Declaration Kornmeier, # 6 Declaration Mills, # 7 Text of Proposed Order, # 8 Certificate of Service)(Vanek, Sean) (Entered: 03/21/2013)
2013-03-2237ORDER: Accordingly, it is ORDERED that the plaintiff shall file his opposition or other response to the defendants renewed motion for summary judgment no later than April 26, 2013. If the plaintiff does not respond by that date, the Court may treat the defendants motion as conceded. Signed by Judge Robert L. Wilkins on 3/22/2013. (tcb) (Entered: 03/22/2013)
2013-03-22NOTICE: The Court's Order has been mailed by first class mail to Prose Plaintiff: OLIVER J. HIGGINS, R20518-076, MCREARY UNITED STATES PENITENTIARY P.O. Box 3000, Pine Knot, KY 42635 on 3/22/2013. (tcb) (Entered: 03/22/2013)
2013-05-0338NOTICE OF SUBSTITUTION OF COUNSEL by Michelle Jean Seo on behalf of BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF HOMELAND SECURITY, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES SECRET SERVICE Substituting for attorney Sean J. Vanek (Seo, Michelle) (Entered: 05/03/2013)
2013-05-1439MEMORANDUM AND OPINION: Re [36 ] MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. Signed by Judge Robert L. Wilkins on 5/14/13. (lcrlw1) (Entered: 05/14/2013)
2013-05-1440ORDER granting 36 MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. Signed by Judge Robert L. Wilkins on 5/14/13. (lcrlw1) (Entered: 05/14/2013)
2013-05-14NOTICE: The Court's Memorandum Opinion and Order has been mailed by first class mail to Plaintiff: OLIVER J. HIGGINS, R20518-076,MCCREARY UNITED STATES PENITENTIARY,P.O. Box 3000, Pine Knot, KY 42635 on 5/14/2013(tcb) (Entered: 05/14/2013)
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