Spataro v. Liberty Mutual Insurance Company et al
| New York Northern District Court | |
| Judge: | Thomas J Mcavoy |
| Referred: | Andrew T Baxter |
| Case #: | 6:22-cv-00003 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Insurance Contract |
| Case Filed: | Jan 03, 2022 |
| Terminated: | Mar 02, 2023 |
| Case in other court: | State of New York Supreme Court: County of Otsego, EF2021-833 |
| Last checked: Saturday Jul 02, 2022 5:15 AM EDT |
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Defendant
LM General Insurance Company
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Represented By
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Defendant
Liberty Mutual Insurance Company
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Represented By
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Plaintiff
Barbara Spataro
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Represented By
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| Docket last updated: 09/16/2024 11:59 PM EDT |
| Thursday, March 02, 2023 | ||
| 32 | 32
4
pgs
order
Order Dismissing Case
Thu 03/02 12:13 PM
ORDER approving the29 Stipulation of Settlement. Signed by Senior Judge Thomas J. McAvoy on 3/2/2023. (amt) |
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| Tuesday, January 31, 2023 | ||
| 31 | 31
order
Order on Letter Request
Tue 01/31 9:40 AM
TEXT ORDER granting the30 Letter requesting acceptance of the29 Stipulation. Authorized by Senior Judge Thomas J. McAvoy on 1/31/2023. (amt) |
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| Monday, January 30, 2023 | ||
| 30 | 30
motion
Letter Request/Motion
Mon 01/30 5:00 PM
Letter Motion from Chris Cardillo, Esq. for Barbara Spataro requesting Directing acceptance of Stipulation submitted to Judge Thomas J. McAvoy . (Cardillo, Chris) |
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| Tuesday, January 24, 2023 | ||
| 29 | 29
misc
Settlement Agreement
Tue 01/24 9:09 AM
SETTLEMENT AGREEMENT Resolving Remaining Claim For Relief in Verified Complaint by LM General Insurance Company, Liberty Mutual Insurance Company. (Potashner, Marshall) |
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notice
Notice - Other
Tue 01/24 11:22 AM
COURT TEXT NOTICE to counsel directing an amendment to the29 Settlement Agreement be filed, which contains the language required by Local Rule 41.3. (amt) |
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| Wednesday, January 18, 2023 | ||
| 28 | 28
23
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Wed 01/18 6:08 PM
DECISION AND ORDER: For the reasons stated within, the Defendants'22 Motion to Dismiss is hereby GRANTED. The Clerk of Court is directed to terminate Defendant Liberty Mutual from the litigation. The case shall proceed on the Fourth Count of the Complaint unless the parties provide the Court with a written stipulation that they have settled their dispute on that matter within 14 days of the date of this order. Signed by Senior U.S. District Judge Thomas J. McAvoy on 1/18/2023. (map) |
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| Thursday, December 08, 2022 | ||
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minutes
Motion Hearing
Thu 12/08 10:25 AM
Minute Entry for proceedings held before Senior Judge Thomas J. McAvoy; Motion Hearing held on 12/8/2022 re: Defendants'22 MOTION to Dismiss; App: C. Cardillo, Esq., for Pltf; M. Potashner, Esq., for Deft; Court Reporter: L. Tennyson; Counsel advises they have resolved the 4th cause of action and a stipulation should be submitted to the Court; Arguments are heard re: the pending motion; Court reserves decision and advises a decision will be issued in the next 2-3 weeks. (amt) |
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| Wednesday, December 07, 2022 | ||
| 27 | 27
order
Order on Motion for Miscellaneous Relief
Wed 12/07 12:40 PM
TEXT ORDER granting the26 request for counsel to appear for the 12/8/2022 motion hearing virtually. The motion hearing will now be conducted via Microsoft Teams. Authorized by Senior Judge Thomas J. McAvoy on 12/7/2022. (amt) |
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| 26 | 26
motion
Miscellaneous/Other Relief
Wed 12/07 9:01 AM
MOTION Leave to Appear for Argument Remotely re Notice of Hearing on Motion filed by LM General Insurance Company, Liberty Mutual Insurance Company. Response to Motion due by 12/28/2022 Motions referred to Andrew T. Baxter. (Potashner, Marshall) |
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| Friday, October 28, 2022 | ||
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notice
Notice of Hearing on Motion
Fri 10/28 7:49 AM
COURT TEXT NOTICE scheduling ORAL ARGUMENT re: Defendants'22 MOTION to Dismiss for Failure to State a Claim. Motion Hearing set for 12/8/2022 at 10:00 AM in Albany before Senior Judge Thomas J. McAvoy. (amt) |
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| Monday, August 22, 2022 | ||
| 25 | 25
15
pgs
respm
Memorandum of Law
Mon 08/22 3:40 PM
MEMORANDUM OF LAW re22 Motion to Dismiss for Failure to State a Claim,, filed by LM General Insurance Company, Liberty Mutual Insurance Company. (Potashner, Marshall) |
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| Monday, August 15, 2022 | ||
| 24 | 24
29
pgs
respm
Memorandum of Law
Mon 08/15 3:54 PM
MEMORANDUM OF LAW re22 Motion to Dismiss for Failure to State a Claim,, Opposition filed by Barbara Spataro. (Cardillo, Chris) |
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| Tuesday, July 19, 2022 | ||
| 23 | 23
order
Order on Motion to Remand to State Court
Tue 07/19 8:49 AM
ORAL ORDER issued by Senior Judge Thomas J. McAvoy on 6/16/2022 at the conclusion of oral argument, denying15 Motion to Remand to State Court. No written decision to be issued. (amt) |
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| Monday, July 18, 2022 | ||
| 22 | 22
motion
Dismiss for Failure to State a Claim
Mon 07/18 4:01 PM
MOTION to Dismiss for Failure to State a Claim filed by LM General Insurance Company, Liberty Mutual Insurance Company. Motion returnable before Judge Hon. Thomas J. McAvoy, U.S.D.J. Response to Motion due by 8/8/2022. Reply to Response to Motion due by 8/15/2022 (Potashner, Marshall) (Attachment 4 replaced on 7/18/2022) (mgh, ) |
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Att: 1
Declaration of Marshall T. Potashner,
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Att: 2
Exhibit(s) 1 - Verified Complaint,
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Att: 3
Exhibit(s) 2 - Insurance Policy,
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Att: 4
Exhibit(s) 3- Demand Letter,
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Att: 5
Exhibit(s) 4 - LM Insurance Dep't of Insurance Printout,
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Att: 6
Exhibit(s) 5 - Liberty Mutual Dep't of Insurance Printout,
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Att: 7
Memorandum of Law
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misc
Clerk Correction of Docket Entry
Mon 07/18 4:30 PM
CLERK'S CORRECTION OF DOCKET ENTRY re22 Motion to Dismiss for Failure to State a Claim. At the Request of Defendants' Counsel via the cm/ecf helpdesk the Clerk has deleted and replaced Exhibit 3 to the Declaration of Marshall T. Potashner as it contained attached exhibits filed in error that were not intended for public view. (mgh) |
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| Thursday, June 16, 2022 | ||
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minutes
Motion Hearing
Thu 06/16 1:54 PM
Minute Entry for proceedings held before Senior Judge Thomas J. McAvoy; Motion Hearing held on 6/16/2022; App: C. Cardillo, Esq., for Pltf; M. Potashner, Esq., for Deft; Court Reporter: J. Stroffolino; Parties are heard re: Plaintiff's15 MOTION to Remand to State Court; Court denies the motion to remand; Defendant is granted 30 days to file an Answer to the Complaint; Written decision to be issued. (amt) |
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utility
Set/Reset Answer Deadline
Thu 06/16 1:54 PM
***Answer due date updated for LM General Insurance Company and Liberty Mutual Insurance Company: Answer due 7/18/2022. (amt) |
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| Tuesday, June 07, 2022 | ||
| 21 | 21
misc
Letter Brief
Tue 06/07 5:33 PM
LETTER BRIEF re advising of a recently discovered case for argument set for June 16, 2022 on motion to remand by LM General Insurance Company, Liberty Mutual Insurance Company. (Potashner, Marshall) |
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| Tuesday, May 31, 2022 | ||
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notice
Notice of Hearing on Motion
Tue 05/31 5:27 PM
COURT TEXT NOTICE scheduling ORAL ARGUMENT re: the15 MOTION to Remand to State Court for 6/16/2022 at 01:30 PM in Albany before Senior Judge Thomas J. McAvoy (amt) |
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| Saturday, March 12, 2022 | ||
| 20 | 20
respm
Reply to Response to Motion
Sat 03/12 9:38 PM
REPLY to Response to Motion re15 MOTION to Remand to State Court filed by Barbara Spataro. Motion returnable before Judge Thomas J. McAvoy,18 First MOTION for Leave to File Reply filed by Barbara Spataro. filed by Barbara Spataro. (Cardillo, Chris) |
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| Wednesday, March 09, 2022 | ||
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order
Order on Motion for Leave to File
Wed 03/09 3:23 PM
TEXT ORDER granting the Plaintiff's18 Motion for Leave to File a Reply. Authorized by Senior Judge Thomas J. McAvoy on 3/9/2022. (amt) |
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| Saturday, March 05, 2022 | ||
| 18 | 18
motion
Leave to File Document
Sat 03/05 12:27 PM
First MOTION for Leave to File Reply filed by Barbara Spataro. Response to Motion due by 3/28/2022 Motions referred to Andrew T. Baxter. (Cardillo, Chris) |
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| Friday, March 04, 2022 | ||
| 17 | 17
respm
Affidavit in Opposition to Motion
Fri 03/04 10:13 AM
AFFIDAVIT in Opposition re15 MOTION to Remand to State Court filed by Barbara Spataro. Motion returnable before Judge Thomas J. McAvoy filed by LM General Insurance Company, Liberty Mutual Insurance Company.(Potashner, Marshall) |
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Att: 1
Exhibit(s) 1 - Notice of Removal,
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Att: 2
Memorandum of Law in Opposition
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| Friday, February 11, 2022 | ||
| 15 | 15
motion
Remand to State Court
Fri 02/11 11:31 AM
MOTION to Remand to State Court filed by Barbara Spataro. Motion returnable before Judge Thomas J. McAvoy Response to Motion due by 3/4/2022. Reply to Response to Motion due by 3/11/2022 (Cardillo, Chris) |
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Att: 1
Memorandum of Law,
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Att: 2
Declaration
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order
Order 1 - Terminate Deadlines and Hearings
Fri 02/11 1:44 PM
TEXT ORDER: The Rule 16 conference set for 2/22/2022 and 2/15/2022 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the15 motion to remand. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/11/2022. (kmc) |
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| Friday, February 04, 2022 | ||
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minutes
Telephone Conference ~Util - Terminate Motions
Fri 02/04 2:47 PM
TEXT Minute Entry for a telephonic conference held on 2/4/2022 before U.S. Magistrate Judge Andrew T. Baxter: Plaintiff's counsel advise he will be filing a motion for remand. The court advises the parties that the motion for remand will be heard before Judge McAvoy. The answer deadline remains stayed and will be reset 20 days after the disposition of the motion for remand, as reflected in the accompanying text order. Appearances: Chris Cardillo, Esq. for plaintiff; and Marshall Potashner, Esq. for defendants. Time: 1:30 PM - 1:35 PM. (kmc) |
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order
Order
Fri 02/04 2:49 PM
TEXT ORDER: The answer deadline remains STAYED. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/4/2022. (kmc) |
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| Tuesday, January 25, 2022 | ||
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notice
Notice of Hearing
Tue 01/25 11:26 AM
TEXT NOTICE of Hearing: A telephonic conference is set for 2/4/2022 at 1:30 PM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. (kmc) |
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| Monday, January 24, 2022 | ||
| 12 | 12
motion
Letter Request/Motion
Mon 01/24 9:13 AM
Letter Motion from Christopher Cardillo for Barbara Spataro requesting Adjourn Telephone Conference submitted to Judge Baxter . (Cardillo, Chris) |
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minutes
Telephone Conference ~Util - Terminate Motions
Mon 01/24 12:37 PM
TEXT Minute Entry for a telephone conference held on 1/24/2022 before U.S. Magistrate Judge Andrew T. Baxter: Plaintiff's counsel filed12 Letter Motion requesting for an adjournment of the telephone conference. The court will circulate new dates and times to the parties to reschedule the telephone conference. Defendant's answer deadline remains stayed. Appearances: Marshall Potashner, Esq. for defendants. (Court Reporter: Eileen McDonough. Time: 10:30 AM - 10:34 AM.)(kmc) |
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order
Order
Mon 01/24 12:38 PM
TEXT ORDER: The answer deadline remains STAYED. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/24/2022. (kmc) |
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| Wednesday, January 19, 2022 | ||
| 10 | 10
misc
Letter Brief
Wed 01/19 8:38 AM
LETTER BRIEF Responsive to Defendants Motion Papers by Barbara Spataro. (Cardillo, Chris) |
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order
Order
Wed 01/19 2:47 PM
TEXT ORDER: The answer deadline is STAYED pending the 1/24/2022 telephone conference. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/19/2022. (kmc) |
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| Tuesday, January 18, 2022 | ||
| 9 | 9
motion
Extension of Time to File Answer
Tue 01/18 4:28 PM
MOTION for Extension of Time to File Answer and Response to Remand Issue filed by LM General Insurance Company, Liberty Mutual Insurance Company. Response to Motion due by 2/8/2022 Motions referred to Andrew T. Baxter. (Potashner, Marshall) |
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notice
Notice of Hearing
Tue 01/18 2:26 PM
TEXT NOTICE of Hearing: A telephonic conference is set for 1/24/2022 at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. (kmc) |
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| Friday, January 14, 2022 | ||
| 8 | 8
motion
Letter Request/Motion
Fri 01/14 3:17 PM
Letter Motion from Chris Cardillo, Esq. for Barbara Spataro requesting Conf and/or motion to remand submitted to Judge Andrew T. Baxter . (Cardillo, Chris) |
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| Thursday, January 06, 2022 | ||
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order
Order on Letter Request
Thu 01/06 4:06 PM
TEXT ORDER: Granting6 Letter Request for an extension of time. LM General Insurance Company answer due 2/4/2022; Liberty Mutual Insurance Company answer due 2/4/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/6/2022. (kmc) |
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| Wednesday, January 05, 2022 | ||
| 6 | 6
motion
Letter Request/Motion
Wed 01/05 3:42 PM
Letter Motion from Marshall T. Potashner for LM General Insurance Company, Liberty Mutual Insurance Company requesting Extension of Time to Respond To Verified Complaint submitted to Judge Hon. Andrew T. Baxter, U.S. Magistrate Judge . (Potashner, Marshall) |
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| Tuesday, January 04, 2022 | ||
| 5 | 5
misc
FRCP 7.1 Corporate Disclosure Statement
Tue 01/04 1:30 PM
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by LM General Insurance Company, Liberty Mutual Insurance Company identifying Corporate Parent Liberty Mutual Group Inc., Corporate Parent Liberty Mutual Holding Company Inc., Corporate Parent LMHC Massachusetts Holdings Inc. for LM General Insurance Company, Liberty Mutual Insurance Company.. (Potashner, Marshall) |
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utility
Set/Reset Answer Deadline
Tue 01/04 1:12 PM
***Answer due date updated for LM General Insurance Company answer due 1/10/2022; Liberty Mutual Insurance Company answer due 1/10/2022. (map) |
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| Monday, January 03, 2022 | ||
| 4 | 4
misc
G.O. 25 Filing Order
Tue 01/04 12:56 PM
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference by Telephone set for 2/22/2022 at 10:00 AM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/15/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (map) |
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| 3 | 3
notice
Notice of Admission Requirement
Tue 01/04 12:36 PM
NOTICE OF ADMISSION REQUIREMENT as to Attorney for Plaintiff Chris Cardillo, Esq. Email address is: 39 West 14th Street Suite 501 New York, New York 10011. Phone number is: 646-398-5025. Admissions due by 1/18/2022. [Clerk served Notice of Attorney Admission Requirement via email at chris@ccardillo.com on 01/03/2022](map) |
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| 2 | 2
35
pgs
misc
State Court Complaint
Tue 01/04 12:27 PM
STATE COURT COMPLAINT AND SUMMONS filed by Plaintiff(s) in the Supreme Court of the State of New York: County of Otsego. (map) |
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| 1 | 1
notice
Notice of Removal
Tue 01/04 12:21 PM
NOTICE OF REMOVAL from State of New York Supreme Court: County of Otsego, case number EF2021-833 (Filing fee $402 receipt number ANYNDC-5758292) filed by LM General Insurance Company, Liberty Mutual Insurance Company.(map) |
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Att: 1
Exhibit 1: State of New York County of Otsego - Verified Complaint & Summons,
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Att: 2
Civil Cover Sheet
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