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Case TitlePickering v. U.S. Department of Justice
DistrictWestern District of New York
CityBuffalo
Case Number1:2014cv00330
Date Filed2014-05-01
Date ClosedOpen
JudgeHon. Richard J. Arcara
PlaintiffLeslie James Pickering
Case DescriptionLeslie James Pickering, a bookstore owner in Buffalo, submitted a FOIA request to the FBI. The agency acknowledged receipt of the request, but after the agency failed to respond within the statutory time limits, Pickering filed an appeal with the Office of Information Policy. OIP declined to hear the appeal until the FBI had processed the request. Pickering sent another FOIA request to the Bureau of Alcohol, Tobacco and Firearms. ATF responded to his request by denying access to the records under Exemption 7(A) (interference with ongoing investigation or proceeding). Pickering appealed and OIP upheld the agency's denial. Pickering then filed suit.
Complaint issues: Exemption 7(A) - Interference with ongoing investigation

DefendantU.S. Department of Justice
Documents
Docket
Complaint
Opinion/Order [82]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-05-011COMPLAINT against U.S. Department of Justice, filed by Leslie James Pickering. (DLC) Filling Fee $400.00 paid, receipt no. BUF040004. Modified on 5/1/2014 (DLC). (Entered: 05/01/2014)
2014-05-012Notice of Right to Consent to proceed before a Magistrate Judge form. (DLC) (Entered: 05/01/2014)
2014-05-01AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution (DLC) (Entered: 05/01/2014)
2014-05-063AFFIDAVIT of Service for Summons and Complaint served on Valerie T. Rose on 05/01/2014, filed by Leslie James Pickering. (Kuzma, Michael) (Entered: 05/06/2014)
2014-05-304STIPULATION by U.S. Department of Justice. (Cerrone, Michael) (Entered: 05/30/2014)
2014-06-025TEXT ORDER: The Stipulation to extend the defendant's time to answer 4 is approved. The U.S. Department of Justice shall file their answer to plaintiff's complaint on or before July 2, 2014. Issued by Hon. Richard J. Arcara on 6/2/14. (LAS) (Entered: 06/02/2014)
2014-07-026ANSWER to 1 Complaint by U.S. Department of Justice.(Cerrone, Michael) (Entered: 07/02/2014)
2014-07-027TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Leslie G. Foschio. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Richard J. Arcara on 7/2/14. (LAS) (Entered: 07/02/2014)
2014-07-03Automatic Referral to Mediation; The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(DZ) (Entered: 07/03/2014)
2014-07-158First MOTION for Disclosure Vaughn Index by Leslie James Pickering. (Attachments: # 1 Memorandum in Support)(Kuzma, Michael) (Entered: 07/15/2014)
2014-07-159First MOTION to Opt Out of ADR by Leslie James Pickering.(Kuzma, Michael) (Entered: 07/15/2014)
2014-07-2310ORDER. Scheduling Conference set for 9/9/2014 11:00 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 7/23/2014. (SDW) (Entered: 07/24/2014)
2014-07-2311ORDER re 8 First MOTION for Disclosure Vaughn Index filed by Leslie James Pickering. Responses due by 8/15/2014. Replies due by 8/22/2014. Signed by Hon. Leslie G. Foschio on 7/23/2014. (SDW) (Entered: 07/24/2014)
2014-08-1512DECLARATION signed by Michael S. Cerrone re 8 First MOTION for Disclosure Vaughn Index filed by U.S. Department of Justice . (Cerrone, Michael) (Entered: 08/15/2014)
2014-08-2813NOTICE of Appearance by Joseph M. Finnerty on behalf of Leslie James Pickering (Finnerty, Joseph) (Entered: 08/28/2014)
2014-09-0814TEXT ORDER. Scheduling Conference set for 9/11/2014 02:30 PM before Hon. Leslie G. Foschio; adjourned from 9/9/2014 at the court's request. Issued by Hon. Leslie G. Foschio on 9/8/2014. (SDW) (Entered: 09/08/2014)
2014-09-1115Minute Entry for proceedings held before Hon. Leslie G. Foschio: Scheduling Conference held on 9/11/2014. Parties directed to provide the court with a joint proposed scheduling order or separate opposing scheduling orders with cases cited within 30 days. Appearances: Pltf: Michael Kuzman, Esq.; Dft: AUSA Michael Cerrone (Court Reporter FTR Gold.) (SDW) (Entered: 09/11/2014)
2014-10-1416Proposed Pretrial Order Joint Proposed Rule 16 Order by U.S. Department of Justice. (Cerrone, Michael) (Entered: 10/14/2014)
2014-10-1617SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) DOJ and ATF to release non-exempt documents 12/31/2014. Vaughn index of ATF 12/31/2014. DOJ, FBI to release non-exempt through rolling production on 11/30/2014 with final release by 12/31/2017. Vaughn index by FBI by 12/31/2017. Dispositive Motions due by 2/28/2018.. Signed by Hon. Leslie G. Foschio on 10/16/2014. (SDW) (Entered: 10/17/2014)
2015-02-0318REPLY/RESPONSE to re 8 First MOTION for Disclosure Vaughn Index (ATF Vaughn Index) filed by U.S. Department of Justice. (Cerrone, Michael) (Entered: 02/03/2015)
2015-02-0319TEXT ORDER. As the Vaughn Index has been disclosed (see Doc. No. 18), Plaintiff Leslie James Pickering's 8 First MOTION for Disclosure Vaughn Index is dismissed as moot. Issued by Hon. Leslie G. Foschio on 2/3/2015. (SDW) (Entered: 02/03/2015)
2017-12-2720NOTICE by U.S. Department of Justice (Vaughn Index) (Cerrone, Michael) (Entered: 12/27/2017)
2018-02-0721MOTION for Extension of Time to File Dispositive Motion by U.S. Department of Justice. (Attachments: # 1 Declaration)(Cerrone, Michael) (Entered: 02/07/2018)
2018-02-0822TEXT ORDER granting 21 Motion for Extension of Time to File. Dispositive motions shall be filed not later than 4/30/3018. Issued by Hon. Leslie G. Foschio on 2/8/2018. (SDW) (Entered: 02/08/2018)
2018-02-08Set/Reset Deadlines: Dispositive Motions due by 4/30/2018. (SDW) (Entered: 02/08/2018)
2018-04-2723MOTION for Summary Judgment by U.S. Department of Justice.(Cerrone, Michael) (Entered: 04/27/2018)
2018-04-2724MEMORANDUM IN SUPPORT re 23 MOTION for Summary Judgment byU.S. Department of Justice. (Cerrone, Michael) (Entered: 04/27/2018)
2018-04-2725STATEMENT OF FACTS (Statement of Undisputed Facts) by U.S. Department of Justice Related document: 23 Motion for Summary Judgment. (Cerrone, Michael) (Entered: 04/27/2018)
2018-04-2726SEALED DOCUMENT - Unredacted Declaration signed by Peter J. Chisholm re 23 MOTION for Summary Judgment filed by U.S. Department of Justice . (Cerrone, Michael) Modified on 5/9/2018 to seal unredacted document (KLH). (Entered: 04/27/2018)
2018-04-2727MOTION for Summary Judgment by U.S. Department of Justice.(Cerrone, Michael) (Entered: 04/27/2018)
2018-04-2728MEMORANDUM IN SUPPORT re 27 MOTION for Summary Judgment byU.S. Department of Justice. (Cerrone, Michael) (Entered: 04/27/2018)
2018-04-2729DECLARATION signed by David M. Hardy re 27 MOTION for Summary Judgment filed by U.S. Department of Justice . (Attachments: # 1 Exhibit A-Q)(Cerrone, Michael) (Attachment 1 replaced on 5/1/2018) (KLH). (Entered: 04/27/2018)
2018-04-3030STATEMENT OF FACTS (Statement of Undisputed Facts) by U.S. Department of Justice. (Cerrone, Michael) (Entered: 04/30/2018)
2018-05-01E-Filing Notification regarding 29 DECLARATION signed by David M. Hardy: Document filed as Attachment 1, Exhibit A-Q has been replaced by the Clerk to correct a corrupted pdf. (KLH) (Entered: 05/01/2018)
2018-05-0331TEXT ORDER re 23 MOTION for Summary Judgment filed by U.S. Department of Justice, 27 MOTION for Summary Judgment filed by U.S. Department of Justice. Responses due by 5/31/2018. Replies due by 6/13/2018. Oral argument at the discretion of the court. Issued by Hon. Leslie G. Foschio on 5/3/2018. (SDW) (Entered: 05/03/2018)
2018-05-09E-Filing Notification regarding 26 DECLARATION filed by U.S. Department of Justice: Document access has been restricted by the Clerk. Filer is directed to re-file a redacted version of document #26, pursuant to FRCP 5.2. (KLH) (Entered: 05/09/2018)
2018-05-1032DECLARATION signed by Peter Chisholm re 23 MOTION for Summary Judgment filed by U.S. Department of Justice . (Cerrone, Michael) (Entered: 05/10/2018)
2018-05-3133First MOTION for Summary Judgment by Leslie James Pickering.(Kuzma, Michael) (Entered: 05/31/2018)
2018-05-3134MEMORANDUM in Support re 33 First MOTION for Summary Judgment filed by Leslie James Pickering. (Attachments: # 1 Exhibit DOJ Guide to Exemption 7 (A))(Kuzma, Michael) (Entered: 05/31/2018)
2018-05-3135STATEMENT OF FACTS (Statement of Undisputed Facts) by Leslie James Pickering Related document: 33 Motion for Summary Judgment. (Kuzma, Michael) (Entered: 05/31/2018)
2018-05-3136AFFIDAVIT re 33 First MOTION for Summary Judgment signed by Adam Federman by Leslie James Pickering. (Kuzma, Michael) (Entered: 05/31/2018)
2018-05-3137AFFIDAVIT re 33 First MOTION for Summary Judgment signed by Michael Kuzma by Leslie James Pickering. (Kuzma, Michael) (Entered: 05/31/2018)
2018-05-3138AFFIDAVIT signed by Leslie James Pickering by Leslie James Pickering. (Attachments: # 1 Exhibit newspaper articles)(Kuzma, Michael) (Entered: 05/31/2018)
2018-06-0739MOTION for Extension of Time to File Response/Reply as to 33 First MOTION for Summary Judgment by U.S. Department of Justice. (Attachments: # 1 Declaration)(Cerrone, Michael) (Entered: 06/07/2018)
2018-06-1940TEXT ORDER granting 39 Motion for Extension of Time to File Response/Reply re 23 MOTION for Summary Judgment , 33 First MOTION for Summary Judgment , 27 MOTION for Summary Judgment Defendant's Reply/Responses due by 8/17/2018. Plaintiff's Reply due by 8/31/2018. Issued by Hon. Leslie G. Foschio on 6/18/2018. (SDW) (Entered: 06/19/2018)
2018-07-2441TEXT ORDER. Scheduling Conference set for 8/6/2018 02:30 PM before Hon. Leslie G. Foschio. Issued by Hon. Leslie G. Foschio on 7/24/2018. (SDW) (Entered: 07/24/2018)
2018-08-0642Minute Entry for proceedings held before Hon. Leslie G. Foschio: Status Conference held on 8/6/2018. Current briefing schedule relative to cross motions for summary judgment is stayed for a period of 15 months (11/6/2019), at which time the parties shall file a letter, jointly or individually, to advised the court as to whether an amended schedule for completion of such briefing is required and, if so, recommend such schedule. Appearances: Pltf: Michael Kuzma, Esq., Dft: AUSA Michael Cerrone. (Court Reporter FTR Gold.) (SDW) (Entered: 08/06/2018)
2019-11-0543STATUS REPORT by U.S. Department of Justice. (Cerrone, Michael) (Entered: 11/05/2019)
2019-11-2044TEXT ORDER. All motions continue to be held in abeyance [See Dkt. 43]. Status Conference set for 11/10/2020 11:00 AM before Hon. Leslie G. Foschio. Issued by Hon. Leslie G. Foschio on 11/20/2019. (SDW) (Entered: 11/20/2019)
2020-11-0345TEXT ORDER. The Status Conference set for 11/10/2020 at 11:00 a.m. will be conducted via teleconference. Participant instructions will be provided separately by email. Issued by Hon. Leslie G. Foschio on 11/3/2020. (SDW) (Entered: 11/03/2020)
2020-11-1046Minute Entry for proceedings held before Hon. Leslie G. Foschio: Status Conference held on 11/10/2020. Govt to advise the court within 30 days (12/11/2020), as to the completion of supplemental release of documents and propose a schedule for supplemental Vaughn Index filing and supplemental briefing. Appearances: Pltf: Michael Kuzman, Esq. w/ Pltf Leslie Pickering / Dft: AUSA Michael Cerrone. (Court Reporter AT&T Teleconference Service.) (SDW) (Entered: 11/10/2020)
2020-12-1147STATUS REPORT by U.S. Department of Justice. (Cerrone, Michael) (Entered: 12/11/2020)
2020-12-1148SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) The Vaughn index of the FBI shall be filed on or before 9/30/2021. Dispositive Motions due by 9/30/2021. Signed by Hon. Leslie G. Foschio on 12/11/2020. (SDW) (Entered: 12/11/2020)
2021-09-2249MOTION for Extension of Time to File Vaughn Index and Dispositive Motions by U.S. Department of Justice. (Attachments: # 1 Declaration)(Cerrone, Michael) (Entered: 09/22/2021)
2021-09-2250TEXT ORDER granting 49 Motion for Extension of Time to File. Amended Scheduling Order to be filed separately. Issued by Hon. Leslie G. Foschio on 9/22/2021. (SDW) (Entered: 09/22/2021)
2021-09-2251SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Vaughn Index due by 6/30/2022. Dispositive Motions due by 6/30/2022. Signed by Hon. Leslie G. Foschio on 9/22/2021. (SDW) (Entered: 09/22/2021)
2022-06-0352Fourth MOTION for Extension of Time to File Vaughn index and dispositive motions by U.S. Department of Justice. (Attachments: # 1 Declaration of Michael S. Cerrone)(Cerrone, Michael) (Entered: 06/03/2022)
2022-06-0353TEXT ORDER granting 52 Motion for Extension of Time to File. Vaughn Index to be filed not later than 8/31/2022. Dispositive motions due by 8/31/2022. Issued by Hon. Leslie G. Foschio on 6/3/2022. (SDW) (Entered: 06/03/2022)
2022-08-2554MOTION for Extension of Time to Complete Discovery by U.S. Department of Justice.(Cerrone, Michael) (Entered: 08/25/2022)
2022-08-2655TEXT ORDER granting 54 Motion for Extension of Time to Complete Discovery. Issued by Hon. Leslie G. Foschio on 8/26/2022. (SDW) (Entered: 08/26/2022)
2022-08-2656SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Vaughn index shall be filed by 1/31/2023. Dispositive Motions due by 1/31/2023. Signed by Hon. Leslie G. Foschio on 8/26/2022. (SDW) (Entered: 08/26/2022)
2023-01-3057Sixth MOTION for Extension of Time to File Vaughn Index and Dispositive Motions by U.S. Department of Justice. (Attachments: # 1 Declaration of Michael S. Cerrone)(Cerrone, Michael) (Entered: 01/30/2023)
2023-01-3058TEXT ORDER granting 57 Motion for Extension of Time to File. Issued by Hon. Leslie G. Foschio on 1/30/2023. (SDW) (Entered: 01/30/2023)
2023-01-3059SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Vaughn index shall be filed by 3/17/2023. Dispositive Motions due by 3/17/2023.. Signed by Hon. Leslie G. Foschio on 1/30/2023. (SDW) (Entered: 01/30/2023)
2023-03-1660MOTION for Leave to File Excess Pages by U.S. Department of Justice.(Cerrone, Michael) (Entered: 03/16/2023)
2023-03-1661TEXT ORDER granting 60 Motion for Leave to File Excess Pages not to exceed 40 pages. Issued by Hon. Leslie G. Foschio on 3/15/2023. (SDW) (Entered: 03/16/2023)
2023-03-1762Supplemental MOTION for Summary Judgment by U.S. Department of Justice. (Attachments: # 1 Declaration of Joseph E. Bender, Jr., # 2 Exhibit A-KK, # 3 Supplement Declaration of Joseph E. Bender, Jr., # 4 Statement of Undisputed Facts, # 5 Memorandum in Support)(Cerrone, Michael) (Entered: 03/17/2023)
2023-03-1763Supplemental MOTION for Summary Judgment by U.S. Department of Justice.(Cerrone, Michael) (Entered: 03/17/2023)
2023-03-1764TEXT ORDER re 63 Supplemental MOTION for Summary Judgment filed by U.S. Department of Justice, 62 Supplemental MOTION for Summary Judgment filed by U.S. Department of Justice. Responses due by 4/17/2023. Replies due by 5/2/2023. Oral argument at the discretion of the court. Issued by Hon. Leslie G. Foschio on 3/17/2023. (SDW) (Entered: 03/17/2023)
2023-04-0765MOTION for Extension of Time to File Response/Reply by Leslie James Pickering.(Kuzma, Michael) (Entered: 04/07/2023)
2023-04-0766TEXT ORDER granting 65 Motion for Extension of Time to File Response/Reply to 62 Supplemental MOTION for Summary Judgment, 63 Supplemental MOTION for Summary Judgment. Responses due by 5/8/2023. Replies due by 5/23/2023. Issued by Hon. Leslie G. Foschio on 4/7/2023. (SDW) (Entered: 04/07/2023)
2023-05-0867Supplemental MOTION for Summary Judgment by Leslie James Pickering. (Attachments: # 1 Statement of Undisputed Facts, # 2 Affidavit of Leslie James Pickering, # 3 Declaration of Michael Kuzma, # 4 Memorandum in Support)(Kuzma, Michael) (Entered: 05/08/2023)
2023-05-1768MOTION for Extension of Time to File Response/Reply by U.S. Department of Justice.(Cerrone, Michael) (Entered: 05/17/2023)
2023-05-1769TEXT ORDER granting 68 Motion for Extension of Time to File Response/Reply 63 Supplemental MOTION for Summary Judgment , 67 Supplemental MOTION for Summary Judgment. Replies due by 7/21/2023. Issued by Hon. Leslie G. Foschio on 5/17/2022. (SDW) (Entered: 05/17/2023)
2023-07-2170MEMORANDUM IN SUPPORT re 63 Supplemental MOTION for Summary Judgment byU.S. Department of Justice. (Attachments: # 1 Declaration of Joseph E. Bender, Jr., # 2 Declaration of Adam C. Siple)(Cerrone, Michael) (Entered: 07/21/2023)
2023-09-2971REPORT AND RECOMMENDATION: Plaintiff's Motion for Summary Judgment (Dkt. 33 ) should be GRANTED in part and DENIED in part; ATF's Supplemental Motion for Summary Judgment filed by Defendant (Dkt. 63 ), should be DISMISSED as MOOT; Plaintiff's Supplemental Motion for Summary Judgment (Dkt. 67 ), should be GRANTED in part, DENIED in part, and DISMISSED as MOOT in part; FBI's Supplemental Motion for Summary Judgment filed by Defendant (Dkt. 62 ), should be GRANTED in part, DENIED in part, and DISMISSED as MOOT in part; FBI's Motion for Summary Judgment filed by Defendant (Dkt. 27 ), should be DISMISSED as MOOT; and ATF's Motion for Summary Judgment filed by Defendant (Dkt. 23 ), should be GRANTED in part and DENIED in part. Objections due fourteen days from receipt. Signed by Hon. Leslie G. Foschio on 9/29/2023. (TAH) (Entered: 09/29/2023)
2023-10-0672MOTION for Extension of Time to File Objections to the Report and Recommendation by U.S. Department of Justice. (Attachments: # 1 Declaration of Michael S. Cerrone)(Cerrone, Michael) (Entered: 10/06/2023)
2023-10-1073TEXT ORDER granting Defendant's 72 Motion for Extension of Time. Objections, if any, to Magistrate Judge Leslie G. Foschio's 71 Report and Recommendation shall be filed by 11/9/2023. SO ORDERED. Issued by Hon. Richard J. Arcara on 10/10/2023. (LAS) (Entered: 10/10/2023)
2023-11-0974MEMORANDUM/BRIEF In Support of Objections to the Report and Recommendation by U.S. Department of Justice. (Cerrone, Michael) (Entered: 11/09/2023)
2023-11-0975OBJECTION to 71 Report and Recommendations by Leslie James Pickering. (Kuzma, Michael) (Entered: 11/09/2023)
2023-11-1476TEXT ORDER: The parties have filed objections 74 75 to Magistrate Judge Leslie G. Foschio's 71 Report and Recommendation. Responses to the objections are to be filed on 12/13/2023. Reply papers are due on 1/3/2024. Oral argument will be scheduled at the discretion of the Court. SO ORDERED. Issued by Hon. Richard J. Arcara on 11/14/2023. (LAS) (Entered: 11/14/2023)
2023-12-1277MEMORANDUM IN OPPOSITION re 75 Objection to Report and Recommendations by U.S. Department of Justice. (Cerrone, Michael) (Entered: 12/12/2023)
2023-12-1378MEMORANDUM IN OPPOSITION re 74 Memorandum/Brief by Leslie James Pickering. (Kuzma, Michael) (Entered: 12/13/2023)
2024-01-0279MEMORANDUM/BRIEF re 74 Memorandum/Brief Reply Memorandum in Support of Objections To The Report and Recommendation by U.S. Department of Justice. (Cerrone, Michael) (Entered: 01/02/2024)
2024-01-0380NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference held on September 11, 2014, before Judge Leslie G. Foschio. Transcriber Diane S. Martens, dmartensreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2024. Redacted Transcript Deadline set for 2/5/2024. Release of Transcript Restriction set for 4/2/2024. (DSM) (Entered: 01/03/2024)
2024-01-0381REPLY/RESPONSE to re 77 Memorandum in Opposition filed by Leslie James Pickering. (Kuzma, Michael) (Entered: 01/03/2024)
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