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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01063
Date Filed2020-04-23
Date Closed2024-04-29
JudgeJudge Amit P. Mehta
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted three FOIA requests to the Department of Health and Human Services, the National Institutes of Health, the FDA, and the Centers for Medicare and Medicaid Services for records concerning directives on how to respond to press inquiries pertaining to the coronavirus. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, American Oversight filed suit.
Complaint issues: Litigation - Vaughn index, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantFOOD AND DRUG ADMINISTRATION
DefendantUNITED STATES FOOD AND DRUG ADMINISTRATION
DefendantNATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
DefendantCENTERS FOR MEDICARE AND MEDICAID SERVICES
DefendantCENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS)
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-04-231COMPLAINT against CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7051401) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons as to USAO, # 3 Summons as to USAG, # 4 Summons as to HHS, # 5 Summons as to FDA, # 6 Summons as to NIAID, # 7 Summons as to CMS)(Monahan, Christine) (Entered: 04/23/2020)
2020-04-232LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Monahan, Christine) (Entered: 04/23/2020)
2020-04-23Case Assigned to Judge Amit P. Mehta. (adh, ) (Entered: 04/23/2020)
2020-04-233SUMMONS (6) Issued Electronically as to CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 04/23/2020)
2020-05-214NOTICE of Appearance by Amy E. Powell on behalf of All Defendants (Powell, Amy) (Entered: 05/21/2020)
2020-05-215NOTICE Of Filing Motion to Consolidate by CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Powell, Amy) (Entered: 05/21/2020)
2020-05-266RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/5/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 6/4/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/5/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE AND MEDICAID SERVICES served on 5/4/2020; FOOD AND DRUG ADMINISTRATION served on 5/4/2020; NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES served on 5/22/2020; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 5/4/2020 (Monahan, Christine) (Entered: 05/26/2020)
2020-06-047ANSWER to Complaint by CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Powell, Amy) (Entered: 06/04/2020)
2020-06-048ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall file a Joint Status Report on or before June 18, 2020. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 06/04/2020. (lcapm2) (Entered: 06/04/2020)
2020-06-04Set/Reset Deadlines: Joint Status Report due by 6/18/2020. (zjd) (Entered: 06/05/2020)
2020-06-189Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A (Plaintiff), # 2 Text of Proposed Order (Plaintiff))(Monahan, Christine) (Entered: 06/18/2020)
2020-06-30MINUTE ORDER setting a Telephonic Status Conference for July 6, 2020, at 11:00 a.m. The courtroom deputy will circulate dial-in information to counsel. Members of the public or media may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. Signed by Judge Amit P. Mehta on 06/30/2020. (zjd) (Entered: 06/30/2020)
2020-06-3010NOTICE of Appearance by Sara Kaiser Creighton on behalf of AMERICAN OVERSIGHT (Creighton, Sara) (Entered: 06/30/2020)
2020-07-0111NOTICE of Appearance by Katherine Marie Anthony on behalf of AMERICAN OVERSIGHT (Anthony, Katherine) (Entered: 07/01/2020)
2020-07-06Minute Entry for proceedings held before Judge Amit P. Mehta: Telephonic Status Conference held on 7/6/2020. Joint Status Report due by 7/17/2020. (Court Reporter: William Zaremba) (zjd) (Entered: 07/06/2020)
2020-07-06MINUTE ORDER. Pursuant to the Telephonic Status Conference held today, July 6, 2020, the parties shall meet and confer and by July 17, 2020, file a Joint Status Report that updates the court on the parties' efforts to narrow the scope of Plaintiff's requests and, if feasible, proposes a timeline for conducting searches and producing responsive records. Signed by Judge Amit P. Mehta on 07/06/2020. (lcapm2) (Entered: 07/06/2020)
2020-07-0712NOTICE of Order Denying Motion to Consolidate by AMERICAN OVERSIGHT re 5 Notice (Other) (Attachments: # 1 Exhibit A)(Monahan, Christine) (Entered: 07/07/2020)
2020-07-1713Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 07/17/2020)
2020-07-17MINUTE ORDER. The parties shall file an additional Joint Status Report by July 30, 2020, which updates the court on efforts to reduce the scope of searches and proposes a processing schedule, if feasible. Signed by Judge Amit P. Mehta on 07/17/2020. (lcapm2) (Entered: 07/17/2020)
2020-07-17Set/Reset Deadlines: Joint Status Report due by 7/30/2020. (zjd) (Entered: 07/17/2020)
2020-07-3014Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 07/30/2020)
2020-07-30MINUTE ORDER. The parties shall file an additional Joint Status Report by August 14, 2020, which updates the court on their efforts to negotiate the terms of the search and processing of responsive records. Signed by Judge Amit P. Mehta on 07/30/2020. (lcapm2) (Entered: 07/30/2020)
2020-07-30Set/Reset Deadlines: Joint Status Report due by 8/14/2020. (zjd) (Entered: 07/31/2020)
2020-08-1415Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 08/14/2020)
2020-08-14MINUTE ORDER. The parties shall file an additional Joint Status Report by September 14, 2020, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 08/14/2020. (lcapm2) (Entered: 08/14/2020)
2020-08-14Set/Reset Deadlines: Joint Status Report due by 9/14/2020. (zjd) (Entered: 08/17/2020)
2020-09-1416Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 09/14/2020)
2020-09-15MINUTE ORDER. The parties shall file an additional Joint Status Report by October 14, 2020, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 09/15/2020. (lcapm2) (Entered: 09/15/2020)
2020-09-15Set/Reset Deadlines: Joint Status Report due by 10/14/2020. (zjd) (Entered: 09/16/2020)
2020-10-1417Joint STATUS REPORT (Sixth) by CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 10/14/2020)
2020-10-15MINUTE ORDER. The parties shall file an additional Joint Status Report by November 16, 2020, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 10/15/2020. (lcapm2) (Entered: 10/15/2020)
2020-10-15Set/Reset Deadlines: Joint Status Report due by 11/16/2020. (zjd) (Entered: 10/16/2020)
2020-11-1618Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 11/16/2020)
2020-11-17MINUTE ORDER. The parties shall file an additional Joint Status Report by December 16, 2020, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 11/17/2020. (lcapm2) (Entered: 11/17/2020)
2020-11-17Set/Reset Deadlines: Joint Status Report due by 12/16/2020. (zjd) (Entered: 11/19/2020)
2020-12-1619Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 12/16/2020)
2020-12-16MINUTE ORDER. The parties shall file an additional Joint Status Report by January 29, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 12/16/2020. (lcapm2) (Entered: 12/16/2020)
2020-12-16Set/Reset Deadlines: Status Report due by 1/29/2021 (zjch) (Entered: 12/17/2020)
2021-01-2920Joint STATUS REPORT (Ninth) by CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 01/29/2021)
2021-02-01MINUTE ORDER. The parties shall file an additional Joint Status Report by March 30, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 2/1/2021. (lcapm2) (Entered: 02/01/2021)
2021-03-3021Joint STATUS REPORT (Tenth) by CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 03/30/2021)
2021-03-31MINUTE ORDER. The parties shall file an additional Joint Status Report by May 31, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 3/31/2021. (lcapm2) (Entered: 03/31/2021)
2021-05-2822Joint STATUS REPORT (11TH) by CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 05/28/2021)
2021-05-31MINUTE ORDER. The parties shall file an additional Joint Status Report by July 30, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 5/31/2021. (lcapm2) (Entered: 05/31/2021)
2021-06-0223NOTICE of Appearance by Emma Lewis on behalf of AMERICAN OVERSIGHT (Lewis, Emma) (Main Document 23 replaced on 6/3/2021) (zeg). (Main Document 23 replaced on 6/3/2021) (zeg). (Entered: 06/02/2021)
2021-06-0324NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Christine H. Monahan terminated. (Monahan, Christine) (Entered: 06/03/2021)
2021-06-3025NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Sara Kaiser Creighton terminated. (Creighton, Sara) (Entered: 06/30/2021)
2021-07-3026Joint STATUS REPORT by AMERICAN OVERSIGHT. (Lewis, Emma) (Entered: 07/30/2021)
2021-07-30MINUTE ORDER. The parties shall file an additional Joint Status Report by September 28, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 7/30/2021. (lcapm2) (Entered: 07/30/2021)
2021-08-0327NOTICE of Appearance by Taylor Stoneman on behalf of AMERICAN OVERSIGHT (Stoneman, Taylor) (Main Document 27 replaced on 8/4/2021) (zeg). (Entered: 08/03/2021)
2021-09-2828Joint STATUS REPORT (13TH) by CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 09/28/2021)
2021-09-29MINUTE ORDER. The parties shall file an additional Joint Status Report by November 19, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 9/29/2021. (lcapm2) (Entered: 09/29/2021)
2021-11-1929Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 11/19/2021)
2021-11-19MINUTE ORDER. The parties shall file an additional Joint Status Report by January 18, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 11/19/2021. (lcapm2) (Entered: 11/19/2021)
2022-01-1830Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 01/18/2022)
2022-01-19MINUTE ORDER. The parties shall file an additional Joint Status Report by March 21, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 1/19/2022. (lcapm2) (Entered: 01/19/2022)
2022-03-2131Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 03/21/2022)
2022-03-22MINUTE ORDER. The parties shall file an additional Joint Status Report by May 23, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 3/22/2022. (lcapm2) (Entered: 03/22/2022)
2022-05-2332Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 05/23/2022)
2022-05-23MINUTE ORDER. The parties shall submit an additional Joint Status Report by July 22, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 5/23/2022. (lcapm2) (Entered: 05/23/2022)
2022-07-2233Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 07/22/2022)
2022-07-25MINUTE ORDER. The parties shall submit an additional Joint Status Report by September 20, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 7/25/2022. (lcapm2) (Entered: 07/25/2022)
2022-09-2034Joint STATUS REPORT (19th) by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 09/20/2022)
2022-09-21MINUTE ORDER. The parties shall file an additional Joint Status Report by November 18, 2022, which advises whether any disputes remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 9/21/2022. (lcapm2) (Entered: 09/21/2022)
2022-11-1835Joint STATUS REPORT (20th) by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 11/18/2022)
2022-11-18MINUTE ORDER. The parties shall file an additional Joint Status Report by December 18, 2022, which advises whether any disputes remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 11/18/2022. (lcapm2) (Entered: 11/18/2022)
2022-12-1636Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 12/16/2022)
2022-12-19MINUTE ORDER. The parties shall file an additional Joint Status Report by January 16, 2023, which advises whether any disputes remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 12/19/2022. (lcapm2) (Entered: 12/19/2022)
2023-01-1337Joint STATUS REPORT by AMERICAN OVERSIGHT. (Stoneman, Taylor) (Entered: 01/13/2023)
2023-01-16MINUTE ORDER. The parties shall file an additional Joint Status Report by February 22, 2023, which advises whether any disputes remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 1/16/2023 (lcapm2) (Entered: 01/16/2023)
2023-02-2238Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), FOOD AND DRUG ADMINISTRATION, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 02/22/2023)
2023-02-23MINUTE ORDER. The parties shall file an additional Joint Status Report by April 24, 2023, which advises whether any disputes remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 2/23/2023. (lcapm2) (Entered: 02/23/2023)
2023-04-2439Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Powell, Amy) (Entered: 04/24/2023)
2023-04-25MINUTE ORDER. The parties shall file an additional Joint Status Report by July 14, 2023, which advises whether any disputes remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 4/25/2023. (lcapm2) (Entered: 04/25/2023)
2023-07-1440Joint STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Powell, Amy) (Entered: 07/14/2023)
2023-07-16MINUTE ORDER. The parties shall file an additional Joint Status Report by August 14, 2023, which advises whether any disputes remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 7/16/2023. (lcapm2) (Entered: 07/16/2023)
2023-08-1541STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Stoneman, Taylor) (Entered: 08/15/2023)
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