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Case TitleHill v. Executive Office for United States Attorneys et al
DistrictWestern District of Virginia
CityDanville
Case Number4:2017cv00027
Date Filed2017-04-25
Date Closed2018-02-06
JudgeJudge Jackson L. Kiser
PlaintiffBrian David Hill
Case DescriptionBrian Hill submitted two FOIA requests to the Executive Office for U.S. Attorneys for records concerning the discovery packet for his case. The agency disclosed some records, but Hill was unsatisfied and ultimately filed suit.
Complaint issues: Exemption 7 - Law enforcement records

DefendantExecutive Office for United States Attorneys (EOUSA)
DefendantUnited States Department Of Justice (U.S. DOJ)
AppealFourth Circuit 17-1866
AppealFourth Circuit 18-1160
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Opinion/Order [63]
FOIA Project Annotation: A federal court in Virginia has ruled that EOUSA properly responded to Brian Hill's request for records concerning his prosecution in the Middle District of North Carolina by disclosing 68 pages in full and 26 in part. Hill complained that records about the investigation that led up to his prosecution were missing from the records disclosed. Ruling for the agency, the court noted that "with regard to both of his arguments, Plaintiff has failed to present any evidence to establish the records are currently in EOUSA or DOJ's possession." The court observed that "Plaintiff has established that, on September 30, 2014, the audio CD of his confession was in EOUSA's possession. But his FOIA request was filed on July 25, 2016, almost two years later. It is well-settled that an agency, when responding to a FOIA request, is only obligated to produce records 'that are either created or obtained by the agency and are subject to the control of the agency at the time the FOIA request is made.' If EOUSA or DOJ did not possess [the records Hill was seeking] at the time of Plaintiff's FOIA request, there is no obligation under the law for EOUSA or DOJ to produce them pursuant to Plaintiff's FOIA request."
Issues: Agency Record - Custody
User-contributed Documents
 #39-0-Declaration in Support of Document #2 Complaint, and New
Appeal Docket Sheet as of August 3, 2018
Brief/Memorandum in Opposition re:48 MOTION for Summary Judgment
Doc #4-1 - Declaration of Evidence-MOTION Under Rule 45 Asking
Doc #4-2 - Exhibit 1-MOTION Under Rule 45 Asking the Clerk to
Doc #4-3 - Exhibit 2-MOTION Under Rule 45 Asking the Clerk to
Doc #4-4 - Exhibit 3-MOTION Under Rule 45 Asking the Clerk to
Doc #4-5 - Exhibit 4-MOTION Under Rule 45 Asking the Clerk to
Doc #4-6 - Exhibit 5-MOTION Under Rule 45 Asking the Clerk to
Doc #4-7 - Exhibit 6-MOTION Under Rule 45 Asking the Clerk to
Doc #4-8 - Proposed Subpoena-MOTION Under Rule 45 Asking the
Doc #4-9 - Envelope-MOTION Under Rule 45 Asking the Clerk to
Doc. #53 - Exhibit 1 - Brief / Memorandum in Opposition re: 48
Doc. #53 - Exhibit 2 - Brief / Memorandum in Opposition re: 48
Doc. #53 - Exhibit 3 - Brief / Memorandum in Opposition re: 48
Doc. #53 - Exhibit 4 - Brief / Memorandum in Opposition re: 48
Doc. #53 - Exhibit 5 - Brief / Memorandum in Opposition re: 48
Docket Sheet as of August 3, 2018
Document #49, Attachment #2 - VAUGHN INDEX – EOUSA
Exhibit 1: Client Status Report from Preston Page, LCSW, LSATP
INFORMAL OPENING BRIEF by Appellant Brian David Hill. [18-1160]
Memorandum Opinion
MOTION Under Rule 45 Asking the Clerk to Subpoena Attorney John
ORDER continuing the bench trial of this matter to March 12-14
Order granting Motion for Summary Judgment
PETITION for rehearing and rehearing en banc by Appellant
Plaintiff's Motion/Brief in Support of Notice of Waiving Right
REPLY to Response to Motion re 48 MOTION for Summary Judgment
Stay of Mandate in 18-1160 Federal Appeal
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-251MOTION for Leave to Proceed in forma pauperis by Brian David Hill. (Attachment: # 1 Post-it Note Attached to IFP Motion)(mlh) (Entered: 04/26/2017)
2017-04-252COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Executive Office for United States Attorneys, United States Department Of Justice, filed by Brian David Hill. 70 Day Notice due by 7/5/2017; 90 Day Service due by 7/24/2017. (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 DVD for Defendants Marked as Exhibit 6 to be Served Upon Each Defendant, # 10 DVD for Clerk Marked as Exhibit 6 (Available for Viewing in Clerk's Office), # 11 Civil Cover Sheet, # 12 Post-it Note Attached to Complaint, # 13 Proposed Summons, # 14 Post-it Note Attached to Proposed Summons)(mlh) (Entered: 04/26/2017)
2017-05-014MOTION Under Rule 45 Asking the Clerk to Subpoena Attorney John Scott Coalter for Discovery and to Prove the Factual Matter Under Complaint by Brian David Hill. Motion referred to Judge Robert S. Ballou. (Attachments: # 1 Declaration of Evidence, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Proposed Subpoena, # 9 Envelope)(mlh) Modified on 6/19/2017 - added referral text (ham). (Entered: 05/04/2017)
2017-05-043ORDER granting 1 Motion for Leave to Proceed in forma pauperis. Signed by Judge Jackson L. Kiser on 5/4/2017. (mlh)
2017-05-085Summons Issued as to Executive Office for United States Attorneys, United States Department Of Justice and U.S. Attorney. (Attachments: # 1 USM-285 Forms)(Original Summons, original USM-285 Forms, copies of Complaint with Attachments, three copies of DVDs identified on Docket Sheet as Exhibit 10 to Document 2 and copy of Order to Proceed Without Prepaying Fees or Costs were overnighted using two-day delivery to USMS for service.)(mlh)
2017-05-186SUMMONS Returned Executed by Brian David Hill. Executive Office for United States Attorneys served on 5/12/2017, answer due 7/11/2017; United States Department Of Justice served on 5/12/2017, answer due 7/11/2017. (mlh)
2017-05-197Marshal's Return of service of Summons and Complaint on 5/15/17 upon United States Department of Justice.(ham)
2017-05-198Marshal's Return of service of Summons and Complaint on 5/16/17 upon Executive Office for United States Attorneys.(ham)
2017-06-099ANSWER to 2 Complaint,, FOR DECLARATORY AND INJUNCTIVE RELIEF by Executive Office for United States Attorneys, United States Department Of Justice.(Sloan, Cheryl)
2017-06-0910Magistrate Consent Notice to Parties. (mlh)
2017-06-0911PRETRIAL ORDER, Order Referring Case to Magistrate Judge Robert S. Ballou. Signed by Judge Jackson L. Kiser on 6/9/2017. (mlh)
2017-06-1212Brief / Memorandum in Support re: 4 MOTION Under Rule 45 Asking the Clerk to Subpopena Attorney John Scott Coalter for Discovery and to Prove the Factual Matter Under Complaint and Declaration in Support of 2 Complaint filed by Brian David Hill. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Envelope)(mlh)
2017-06-1613MOTION Asking the Court to Request Legal Counsel to Represent the Plaintiff by Brian David Hill. (mlh)
2017-06-1614Objections by Plaintiff Brian David Hill re: 9 Answer to Complaint. (Attachments: # 1 Exhibit 1, # 2 Envelope)(mlh)
2017-06-1915NOTICE of Hearing: (CR) Bench Trial set for 1/29/2018 - 1/31/2018 at 09:30 AM in Danville before Judge Jackson L. Kiser. Parties must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ham)
2017-06-2016ORDER denying 13 MOTION Asking the Court to Request Legal Counsel to Represent the Plaintiff. Signed by Judge Jackson L. Kiser on 6/20/2017. (mlh)
2017-06-2017Brief in Support of 13 Motion Asking the Court to Request Legal Counsel to Represent the Plaintiff filed by Brian David Hill. (mlh)
2017-06-2018MOTION AND SUPPORTING BRIEF to Extend Time for Filing Motions by Brian David Hill. (mlh)
2017-06-2019MOTION for Issuance of Subpoenas to Produce Documents and for Subpoenas to Appear and Testify at a Hearing or Trial in a Civil Action by Brian David Hill. Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Proposed Subpoena to Produce Documents to Office of Information Policy, U.S. Department of Justice, # 2 Proposed Subpoena to Appear and Testify to Christa Lemelin, Ofice of Government Information Services, # 3 Subpoena to Produce Documents to Rodney V. White, Special Agent, North Carolina State Bureau of Investigation, # 4 Subpoena to Appear and Testify to Rodney V. White, Special Agent, North Carolina State Bureau of Investigation)(mlh)
2017-06-2220PROPOSED SUBPOENA to Produce Documents to Town of Mayodan, Police Department filed by Brian David Hill. (mlh) Modified on 7/19/2017: Pursuant to 32 Order, Clerk is not to issue proposed subpoena. (mlh)
2017-06-2321MOTION and Supporting Brief to Expedite the Trial Proceedings by Brian David Hill. (Attachment: # 1 Envelope)(mlh)
2017-06-2322ORDER denying 18 Motion to Extend Time for Filing Motions. Signed by Judge Jackson L. Kiser on 6/23/2017. (mlh)
2017-07-0323MOTION to Appoint Counsel by Brian David Hill. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Attachment 1, # 4 Attachment 2, # 5 Notes attached to Motion)(bw)
2017-07-0324Declaration in Support re 2 Complaint filed by Brian David Hill. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Notes attached to documents)(bw)
2017-07-0625ORDER denying 23 Motion Asking the Court to Request Legal Counsel to Represent the Plaintiff. Signed by Judge Jackson L. Kiser on 7/6/2017. (mlh)
2017-07-1127MOTION and Supporting Brief Requesting Pretrial Status Conference for Discovery Matter by Brian David Hill. Motion referred to Judge Robert S. Ballou. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Attachment 1, # 4 Envelope)(mlh)
2017-07-1228MOTION to Quash DISCOVERY REQUESTS, OR IN THE ALTERNATIVE, TO STAY DISCOVERY by Executive Office for United States Attorneys, United States Department Of Justice. (Sloan, Cheryl) Modified on 7/13/2017: Motion referred to Judge Robert S. Ballou. (mlh)
2017-07-1229Brief / Memorandum in Support re 28 MOTION to Quash DISCOVERY REQUESTS, OR IN THE ALTERNATIVE, TO STAY DISCOVERY . filed by Executive Office for United States Attorneys, United States Department Of Justice. (Sloan, Cheryl)
2017-07-1731RESPONSE in Opposition re: 28 MOTION to Quash DISCOVERY REQUESTS, OR IN THE ALTERNATIVE, TO STAY DISCOVERY and DECLARATION OF PLAINTIFF IN SUPPORT OF 27 Motion and Supporting Brief Requesting Pretrial Status Conference for Discovery Matter filed by Brian David Hill. (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 2: Video Disc for Clerk to File, # 10 Exhibit 8: Audio Disc for Clerk to File)(ALL EXHIBITS, INCLUDING VIDEO DISC AND AUDIO DISC, AVAILABLE FOR VIEWING IN THE CLERK'S OFFICE DUE TO CLARITY OF EXHIBIT 3.)(mlh) (Entered: 07/19/2017)
2017-07-1932ORDER denying 4 Motion Under Rule 45 Asking the Clerk to Subpoena Attorney John Scott Coalter for Discovery and to Prove the Factual Matter Under Complaint; denying 19 Motion for Issuance of Subpoenas to Produce Documents and Subpoenas to Appear and Testify at a Hearing or Trial in a Civil Action; denying issuance of 20 Proposed Subpoena to Town of Mayodan Police Department; denying 27 Motion and Supporting Brief Requesting Pretrial Status Conference for Discovery Matter; granting 28 Motion to Quash Discovery Requests, or in the alternative, to Stay Discovery. Signed by Magistrate Judge Robert S. Ballou on 7/19/2017. (mlh)
2017-07-2433NOTICE OF INTERLOCUTORY APPEAL as to 32 ORDER denying 4 Motion Under Rule 45 Asking the Clerk to Subpoena Attorney John Scott Coalter for Discovery and to Prove the Factual Matter Under Complaint; denying 19 Motion for Issuance of Subpoenas to Produce Documents and Subpoenas to Appear and Testify at a Hearing or Trial in a Civil Action; denying issuance of 20 Proposed Subpoena to Town of Mayodan Police Department; denying 27 Motion and Supporting Brief Requesting Pretrial Status Conference for Discovery Matter; granting 28 Motion to Quash Discovery Requests, or in the alternative, to Stay Discovery by Brian David Hill. (Attachment: # 1 Envelope)(mlh)
2017-07-2434Transmittal of Notice of Appeal to 4CCA re: 33 Notice of Interlocutory Appeal. NOTE: The Docketing Statement and Transcript Order Form are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov . If CJA24 form(s) are applicable, you must submit a separate Auth-24 for each court reporter from whom you wish to order a transcript through the District Court's eVoucher system. (mlh)
2017-07-24Assembled Electronic Record Transmitted to 4CCA re: 33 Notice of Interlocutory Appeal. (mlh)
2017-07-2535ORDER denying 21 Motion to Expedite the Trial Proceedings. Signed by Judge Jackson L. Kiser on 7/25/2017. (mlh)
2017-07-2536NOTICE of Docketing Record on Appeal from USCA re: 33 Notice of Interlocutory Appeal filed by Brian David Hill. USCA Case Number 17-1866; Case Manager: RJ Warren. (mlh)
2017-08-0137Plaintiff's Motion to Reconsider the Magistrate Judge's Order Under Document #32 and Objections to the Order; Motion, Objections and Memorandum/Brief in Support of This Objection re: 32 Order denying 4 Motion Under Rule 45 Asking the Clerk to Subpoena Attorney John Scott Coalter for Discovery and to Prove the Factual Matter Under Complaint; denying 19 Motion for Issuance of Subpoenas to Produce Documents and Subpoenas to Appear and Testify at a Hearing or Trial in a Civil Action; denying issuance of 20 Proposed Subpoena to Town of Mayodan Police Department; denying 27 Motion and Supporting Brief Requesting Pretrial Status Conference for Discovery Matter; granting 28 Motion to Quash Discovery Requests, or in the alternative, to Stay Discovery by Brian David Hill. (mlh)
2017-08-01Assembled Supplemental Electronic Record Transmitted to 4CCA re: 33 Notice of Interlocutory Appeal. (Document 37 transmitted.) (mlh)
2017-08-2238ORDER denying 37 Plaintiff's Motion to Reconsider the Magistrate Judge's Order Under Document #32 and Objections to the Order; Motion, Objections and Memorandum/Brief in Support of This Objection. Signed by Judge Jackson L. Kiser on 8/22/2017. (mlh)
2017-08-22Assembled Supplemental Electronic Record Transmitted to 4CCA re: 33 Notice of Interlocutory Appeal. (Document 38 transmitted.) (mlh)
2017-09-0639Declaration in Support of Document #2 Complaint, and New Evidence Concerning Possible Dishonesty of the U.S. Attorney Office of Greensboro, North Carolina by Brian David Hill. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(mlh)
2017-09-06Assembled Supplemental Electronic Record Transmitted to 4CCA re: 33 Notice of Interlocutory Appeal. (Document 39 transmitted.) (mlh)
2017-09-2540Additional Evidence - Plaintiff's Declaration in Support of Document 2 Complaint, and New Evidence Concerning New FOIA Document Release from Defendant EOUSA 1 Day After Call-In Appearance on INFOWARS New Show "War Room" with Owen Shroyer by Brian David Hill. (Attachments: # 1 Exhibit 1 - 2 DVD discs (3 copies), # 2 Exhibit 2 - 9/13/17 Letter and enclosures from Kevin Krebs, Assistant Director, Executive Office for United States Attorneys, # 3 Exhibit 3 - Incident/Investigation Report, # 4 Exhibit 4 - Case Supplemental Report, # 5 Envelope and Certified Mail Receipt) NOTE: DVDs are available for viewing in Clerk's Office. (ham)
2017-09-25Assembled Supplemental Electronic Record Transmitted to 4CCA re 33 Notice of Interlocutory Appeal: Document 40. (ham)
2017-10-1941USCA Memorandum Opinion from 4th Circuit re: 33 Notice of Interlocutory Appeal; dismissing; decided on 10/19/2017. (mlh)
2017-10-1942USCA JUDGMENT as to 33 Notice of Interlocutory Appeal filed by Brian David Hill. (mlh)
2017-11-0643USCA Notice of Stay of Mandate Under Fed. R. App. P. 41(d)(1). (mlh)
2017-11-2744PLAINTIFF'S FIRST STATUS REPORT by Brian David Hill. (mlh)
2017-11-27Assembled Supplemental Electronic Record Transmitted to 4CCA re: 33 Notice of Interlocutory Appeal: Document 44 transmitted. (mlh)
2017-11-3045STATUS REPORT by Executive Office for United States Attorneys, United States Department Of Justice (Sloan, Cheryl)
2017-11-3046ORDER setting forth that no action will be taken in this case regarding Paragraph 3 of 44 Plaintiff's First Status Report filed by Brian David Hill until the Fourth Circuit's mandate is issued on Plaintiff's appeal. Signed by Judge Jackson L. Kiser on 11/30/2017. (mlh)
2017-12-1947ORDER of USCA denying petition for rehearing and rehearing en banc as to 33 Notice of Interlocutory Appeal filed by Brian David Hill. (mlh)
2017-12-2248MOTION for Summary Judgment by Executive Office for United States Attorneys, United States Department Of Justice. (Sloan, Cheryl)
2017-12-2249ECF NOS. 49-3, 49-6 and 49-7 WERE STRICKEN FROM THE DOCKET PURSUANT TO DOCUMENT 54 Brief / Memorandum in Support re 48 MOTION for Summary Judgment . filed by Executive Office for United States Attorneys, United States Department Of Justice. (Attachments: # 1 Exhibit A - Princina Stone Declaration, # 2 1, # 3 2, # 4 3, # 5 4, # 6 5, # 7 6, # 8 7, # 9 8, # 10 Exhibit B - Carolyn Loye Declaration)(Sloan, Cheryl) Modified on 1/4/2018. Modified docket text to reflect exhibits stricken from the docket. (mlh)
2017-12-2650Roseboro Notice re 48 MOTION for Summary Judgment. Response Deadline set for 1/12/2018. (ham)
2017-12-2751MANDATE of USCA as to 33 Notice of Interlocutory Appeal filed by Brian David Hill. (mlh)
2017-12-2852MOTION AND SUPPORTING BRIEF to Redact and Request for a Protective Order to Redact Social Security Number Protected by the United States Privacy Act of 1974 by Brian David Hill. (Attachment: # 1 Envelope)(mlh)
2018-01-0353Brief / Memorandum in Opposition re: 48 MOTION for Summary Judgment filed by Brian David Hill. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(mlh)
2018-01-0454ORDER granting 52 MOTION AND SUPPORTING BRIEF to Redact and Request for a Protective Order to Redact Social Security Number Protected by the United States Privacy Act of 1974. The clerk is instructed to strike ECF Nos. 49-3, 49-6 and 49-7 from the docket. Signed by Judge Jackson L. Kiser on 1/4/2018. (mlh)
2018-01-0455Notice of Correction: ECF Nos. 49-3, 49-6 and 49-7 as to 49/Brief/Memorandum in Support re: 48/Motion for Summary Judgment were stricken from the docket pursuant to Document 54/Order. (mlh)
2018-01-0456Letter for - regarding Court's January 4, 2018 Order by United States Department Of Justice, Executive Office for United States Attorneys (Attachments: # 1 Exhibit A Attachment 2 (Amended - Redacted), # 2 Exhibit A Attachment 5 (Amended - Redacted), # 3 Exhibit A Attachment 6 (Amended - Redacted))(Sloan, Cheryl)
2018-01-0457NOTICE of Hearing on Motion 48 MOTION for Summary Judgment: (CR) Motion Hearing set for 1/30/2018 at 10:00 AM in Danville before Judge Jackson L. Kiser. (ham)
2018-01-0458Notice Rescheduling Trial previously set for 1/29/2018 - 1/31/2018 at 09:30 AM in Danville before Judge Jackson L. Kiser: (CR) Bench Trial reset for 3/12/2018 - 3/14/2018 at 09:30 AM in Danville before Judge Jackson L. Kiser. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ham)
2018-01-0559ORDER continuing the bench trial of this matter to March 12-14, 2018 at 9:30 a.m.; setting the Motion Hearing as to 48 Defendants' Motion for Summary Judgment on January 30, 2018 at 10:00 a.m. Signed by Judge Jackson L. Kiser on 1/5/2018. (mlh)
2018-01-1060REPLY to Response to Motion re 48 MOTION for Summary Judgment . filed by Executive Office for United States Attorneys, United States Department Of Justice. (Sloan, Cheryl)
2018-01-1961Plaintff's Motion/Brief in Support of Notice of Waiving Right to "Motion Hearing" Under Document #59, Requesting Stay of Proceeding, or in alternative Request Counsel to Represent Plaintiff by Brian David Hill. (Attachment: # 1 Exhibit 1: Client Status Report from Preston Page, LCSW, LSATP)(mlh)
2018-01-2362Notice of Cancellation of Motion Hearing set 1/30/2018 at 10:00 AM in Danville before Judge Jackson L. Kiser. (Cancel Court Reporter) . (ham)
2018-02-0663MEMORANDUM OPINION. Signed by Senior Judge Jackson L. Kiser on 2/6/2018. (mlh)
2018-02-0664ORDER granting 48 Motion for Summary Judgment; denying 61 Plaintff's Motion/Brief in Support of Notice of Waiving Right to "Motion Hearing" Under Document #59, Requesting Stay of Proceeding, or in alternative Request Counsel to Represent Plaintiff. Clerk is directed to close the case and remove it from the active docket of this court. Signed by Senior Judge Jackson L. Kiser on 2/6/2018. (mlh)
2018-02-0665Notice of Cancellation of Bench Trial set for 3/12/2018 - 3/14/2018 at 09:30 AM in Danville before Judge Jackson L. Kiser. (Cancel Court Reporter) . (ham)
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by FOIA Project Staff
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