Auctus Private Equity Fund LLC v. Petron Energy II, Inc.
| Massachusetts District Court | |
| Judge: | Allison D Burroughs |
| Case #: | 1:17-cv-11961 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1330 Breach of Contract |
| Case Filed: | Oct 11, 2017 |
| Terminated: | Nov 15, 2019 |
| Last checked: Monday Apr 09, 2018 4:52 AM EDT |
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Defendant
Petron Energy II, Inc.
17950 Preston Road, Suite 960
Dallas, TX 75252 |
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Plaintiff
Auctus Private Equity Fund LLC
117 Huntington Street, 17th Floor
Boston, MA 02115 |
Represented By
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| Docket last updated: 9 hours ago |
| Wednesday, January 20, 2021 | ||
| 43 | 43
misc
Stipulation of Dismissal
Wed 01/20 5:39 PM
STIPULATION of Dismissal With Prejudice, with a Certificate of Service by Auctus Private Equity Fund LLC. (Giordano, Philip) |
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| Wednesday, January 13, 2021 | ||
| 42 | 42
order
Order on Motion for Extension of Time to File
Wed 01/13 8:39 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting41 Motion for Extension of Time to 02/10/2021 to File Plaintiff's Motion for Default Judgment and Its Supporting Papers Against Defendant Petron Energy II, Inc., (Folan, Karen) |
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| Monday, January 11, 2021 | ||
| 41 | 41
motion
Extension of Time to File Document
Mon 01/11 4:04 PM
Assented to MOTION for Extension of Time to 02/10/2021 to File Plaintiff's Motion for Default Judgment and Its Supporting Papers Against Defendant Petron Energy II, Inc., with Certificate of Service, by Auctus Private Equity Fund LLC.(Giordano, Philip) |
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Att: 1
Affidavit of Philip M. Giordano, Esq.
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| Friday, November 13, 2020 | ||
| 40 | 40
order
Order on Motion for Extension of Time
Fri 11/13 2:21 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting39 Motion for Extension of Time to 01/09/2020 to To File Motion for Default Judgment (Folan, Karen) |
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| Thursday, November 12, 2020 | ||
| 39 | 39
motion
Extension of Time
Thu 11/12 9:01 PM
Assented to MOTION for Extension of Time to 01/09/2020 to To File Motion for Default Judgment, with a Certificate of Service by Auctus Private Equity Fund LLC.(Giordano, Philip) |
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Att: 1
Affidavit of Philip M. Giordano
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| Wednesday, October 14, 2020 | ||
| 38 | 38
order
Order on Motion for Extension of Time
Wed 10/14 10:57 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting37 Assented to MOTION for Extension of Time to 11/12/2020 to File Motion for Default Judgment, in Accordance with Standing Order on Default Judgments Against Defendant Petron Energy II, Inc. with Certificate of Service. (McDonagh, Christina) |
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| Tuesday, October 13, 2020 | ||
| 37 | 37
motion
Extension of Time
Tue 10/13 5:57 PM
Assented to MOTION for Extension of Time to 11/12/2020 to File Motion for Default Judgment, in Accordance with Standing Order on Default Judgments Against Defendant Petron Energy II, Inc. with Certificate of Service by Auctus Private Equity Fund LLC.(Giordano, Philip) |
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| Tuesday, July 28, 2020 | ||
| 36 | 36
order
Order on Motion for Extension of Time
Tue 07/28 12:47 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting35 Assented to MOTION for Extension of Time to 10/13/2020 to Extend Time for Plaintiff to File its Motion for Default Judgment Pursuant to Standing Order on Default Judgments with Certificate of Service (McDonagh, Christina) |
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| 35 | 35
motion
Extension of Time
Tue 07/28 12:33 PM
Assented to MOTION for Extension of Time to 10/13/2020 to Extend Time for Plaintiff to File its Motion for Default Judgment Pursuant to Standing Order on Default Judgments with Certificate of Service by Auctus Private Equity Fund LLC.(Giordano, Philip) |
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| Monday, July 13, 2020 | ||
| 34 | 34
misc
Return Receipt
Tue 07/21 10:48 AM
Return receipt received for mail sent to Petron Energy II Inc. Delivered on 7/6/2020 (McDonagh, Christina) |
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| Tuesday, June 30, 2020 | ||
| 33 | 33
order
Standing order on motions for default judgment
Tue 06/30 10:24 AM
Judge Allison D. Burroughs: ORDER entered. STANDING ORDER on motions for default judgment re32 Notice: Clerk's Entry of Default (McDonagh, Christina) |
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| 32 | 32
order
Notice of Entry of Default by Clerk
Tue 06/30 10:23 AM
NOTICE: Clerk's ENTRY OF DEFAULT as to Petron Energy II, Inc. (McDonagh, Christina) |
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| Tuesday, April 21, 2020 | ||
| 31 | 31
order
Order on Motion for Miscellaneous Relief
Tue 04/21 8:20 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff's motion to terminate nisi settlement period and resume litigation in this matter, [ECF No.30 ], is GRANTED as unopposed. (McDonagh, Christina) |
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| Friday, April 03, 2020 | ||
| 30 | 30
motion
Miscellaneous Relief
Fri 04/03 7:00 PM
MOTION Terminate Nisi Period and Restore Action to Active Docket with Certificate of Service by Auctus Private Equity Fund LLC.(Giordano, Philip) |
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Att: 1
Affidavit of Philip M. Giordano
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| Tuesday, March 03, 2020 | ||
| 29 | 29
order
Order on Motion for Extension of Time
Tue 03/03 12:10 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting28 Motion for Extension of Time. (Folan, Karen) |
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| Monday, March 02, 2020 | ||
| 28 | 28
motion
Extension of Time
Mon 03/02 7:04 PM
Assented to MOTION for Extension of Time to 04/01/2020 to Extend Nisi Period by Thirty (30) Days with Certificate of Service by Auctus Private Equity Fund LLC.(Giordano, Philip) |
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Att: 1
Exhibit A
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| Monday, February 03, 2020 | ||
| 27 | 27
order
Order on Motion for Extension of Time
Mon 02/03 9:07 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting26 Motion for Extension of Time (Folan, Karen) |
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| Friday, January 31, 2020 | ||
| 26 | 26
motion
Extension of Time
Fri 01/31 9:15 AM
Assented to MOTION for Extension of Time to 3/2/2020 to Extend Nisi Period by Final Thirty (30) Days with Certificate of Service by Auctus Private Equity Fund LLC.(Giordano, Philip) |
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| Tuesday, December 17, 2019 | ||
| 25 | 25
order
Order on Motion for Extension of Time
Tue 12/17 10:22 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting24 Motion for Extension of Time (Folan, Karen) |
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| Monday, December 16, 2019 | ||
| 24 | 24
motion
Extension of Time
Mon 12/16 5:16 PM
Assented to MOTION for Extension of Time to 1/31/2020 to Extend Nisi Period by Forty-Five (45) Days with Certificate of Service by Auctus Private Equity Fund LLC.(Giordano, Philip) |
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| Friday, November 15, 2019 | ||
| 23 | 23
order
Settlement Order of Dismissal
Fri 11/15 2:25 PM
Judge Allison D. Burroughs: ORDER entered. 30 DAY SETTLEMENT ORDER OF DISMISSAL (McDonagh, Christina) |
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| 22 | 22
order
Order on Motion for Settlement
Fri 11/15 2:24 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting21 MOTION for Settlement and for Thirty (30) Day Nisi Period, with Certificate of Service. (McDonagh, Christina) |
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| Thursday, November 14, 2019 | ||
| 21 | 21
motion
Settlement
Thu 11/14 6:06 PM
MOTION for Settlement and for Thirty (30) Day Nisi Period, with Certificate of Service by Auctus Private Equity Fund LLC.(Giordano, Philip) |
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| 20 | 20
misc
Response to Order to Show Cause
Thu 11/14 6:04 PM
RESPONSE TO ORDER TO SHOW CAUSE by Auctus Private Equity Fund LLC.(Giordano, Philip) |
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Att: 1
Affidavit of Philip M. Giordano,
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Att: 2
Exhibit A
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| Thursday, November 07, 2019 | ||
| 19 | 19
order
Order
Thu 11/07 2:38 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. A default was entered on February 22, 2018 as to Petron Energy II. [ECF No.8 ]. On March 12, 2018, Plaintiff filed a motion for default judgment, and on May 11, 2018, the Court denied the motion with leave to renew. [ECF Nos.10 , 13 ]. When Plaintiff failed to renew its motion for default judgment, on January 23, 2019, the Court ordered Plaintiff to show cause as to why the case should not be dismissed for failure to prosecute. [ECF No. 14 ]. In response, Plaintiff requested an extension of time to March 1, 2019 to file a motion for default judgment, which the Court granted. [ECF Nos.15 , 16 ]. Plaintiff requested another extension of time to April 1, 2019, which the Court also granted. [ECF Nos.17 , 18 ]. As of November 7, 2019, Plaintiff has not filed a motion for default judgment. "A district court, as part of its inherent power to manage its own docket, may dismiss a case sua sponte for any of the reasons prescribed in Fed. R. Civ. P. 41(b)." Cintron-Lorenzo v. Departamento de Asuntos del Consumidor , 312 F.3d 522, 52526 (1st Cir. 2002). "Lack of diligent prosecution is such a reason." Id. . Accordingly, Plaintiff is hereby ORDERED to show cause, in writing, by November 14, 2019 , as to why this case should not be dismissed for failure to prosecute. (McDonagh, Christina) |
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| Tuesday, March 05, 2019 | ||
| 18 | 18
order
Order on Motion for Extension of Time
Tue 03/05 10:31 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting17 Motion for Extension of Time to 04/01/2019 to File Motion for Default Judgment (Folan, Karen) |
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| Friday, March 01, 2019 | ||
| 17 | 17
motion
Extension of Time
Fri 03/01 5:38 PM
MOTION for Extension of Time to 04/01/2019 to Extend Time to File Motion for Default Judgment, with Supporting Papers , with Certificate of Service by Auctus Private Equity Fund LLC.(Giordano, Philip) |
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| Friday, February 01, 2019 | ||
| 16 | 16
order
Order on Motion for Extension of Time to File
Fri 02/01 9:50 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered ECF No.15 , Motion for Extension of Time to March 1, 2019, is GRANTED . With respect to Auctus' request for "clarification as to this Court's decision as to the legality and enforceability of the Plaintiff's Transaction Documents," the Court has not found that the transaction documents are unenforceable. The Court has recognized, however, that in the event of default, the transaction documents impose interest rates that are in excess of the limit prescribed by Massachusetts General Laws ch. 271 § 49. Auctus' briefing has argued that no usury law applies to the transactions at issue because the parties agreed to the application of Nevada law. It is not readily apparent to the Court that parties can waive Massachusetts' criminal usury law, and the Court would therefore appreciate further briefing on the subject in Auctus v. Nano Mobile Healthcare , 17-cv-11974 (D. Mass.). The Court will consider Auctus' arguments in that case to the extent they apply to this and other cases that Auctus has pending before this Court. (McDonagh, Christina) |
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| Wednesday, January 30, 2019 | ||
| 15 | 15
motion
Extension of Time to File Document
Wed 01/30 10:25 PM
MOTION for Extension of Time to 03/01/2019 to File Motion for Default Judgment, with Supporting Papers, with a Certificate of Service by Auctus Private Equity Fund LLC.(Giordano, Philip) |
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| Wednesday, January 23, 2019 | ||
| 14 | 14
order
Order To Show Cause
Wed 01/23 3:11 PM
Judge Allison D. Burroughs: ORDER entered. On May 11, 2018, the Court denied Plaintiffs motion for default judgment with leave to renew [ECF No. 13 ]. Plaintiff has not renewed its motion or otherwise made an effort to prosecute its case. Accordingly, Plaintiff is hereby ORDERED to show cause, in writing, by January 30, 2019 , as to why this case should not be dismissed for failure to prosecute, or to file a renewed motion for default judgment by that date. (McDonagh, Christina) |
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| Friday, May 11, 2018 | ||
| 13 | 13
order
Order on Motion for Default Judgment
Fri 05/11 7:23 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered denying11 Motion for Default Judgment. Plaintiff's motion for default judgment ECF No.11 is DENIED without prejudice and with leave to renew. Plaintiff provided an affidavit stating that it calculated that Defendant owes $94,518.54 ECF No. [11-1 11], but Plaintiff has not provided any explanation as to how it determined this amount or proof that it is correct. Further, the complaint ECF No.1 asserts that Defendant owes $127,580.98, and Plaintiff has not explained why its motion for default judgment requests approximately $33,000 less than the amount given in the complaint. Moreover, the allegation in the complaint that Defendant breached the agreement ECF No. [1 11] is conclusory in nature and does not describe the date of default or the events that occurred. Accordingly, Plaintiff shall file a renewed motion for default judgment supported by additional explanation, documentation, and/or proof concerning how it calculated the damages amount and the details of the breach of the agreement. (McDonagh, Christina) |
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| Monday, March 12, 2018 | ||
| 12 | 12
15
pgs
respm
Memorandum in Support of Motion
Mon 03/12 1:03 PM
MEMORANDUM in Support re11 MOTION for Default Judgment with Certificate of Service as to Petron Energy II, Inc. with Certificate of Service filed by Auctus Private Equity Fund LLC.(Giordano, Philip) |
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Att: 1
Exhibit I,
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Att: 2
Exhibit II
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| 11 | 11
motion
Default Judgment
Mon 03/12 1:01 PM
MOTION for Default Judgment with Certificate of Service as to Petron Energy II, Inc. by Auctus Private Equity Fund LLC.(Giordano, Philip) |
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Att: 1
Affidavit of Alfred Sollami,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit A,
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Att: 4
Exhibit B,
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Att: 5
Affidavit of Philip M. Giordano,
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Att: 6
Exhibit 1,
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Att: 7
Exhibit 2,
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Att: 8
Exhibit 3,
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Att: 9
Text of Proposed Order for Default Judgment
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| Friday, March 02, 2018 | ||
| 10 | 10
misc
Return Receipt
Fri 03/02 1:36 PM
Return receipt received for Default Notice mail sent to Perton Energy II, Inc. Delivered on 2/26/2018 (McDonagh, Christina) |
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| Thursday, February 22, 2018 | ||
| 9 | 9
order
Standing order on motions for default judgment
Thu 02/22 11:23 AM
Judge Allison D. Burroughs: ORDER entered. STANDING ORDER on motions for default judgment re8 Notice: Clerk's Entry of Default (McDonagh, Christina) |
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| 8 | 8
order
Notice of Entry of Default by Clerk
Thu 02/22 11:22 AM
NOTICE: Clerk's ENTRY OF DEFAULT as to Petron Energy II, Inc. (McDonagh, Christina) |
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| Tuesday, February 20, 2018 | ||
| 7 | 7
misc
Status Report
Tue 02/20 7:31 PM
STATUS REPORT with Certificate of Service by Auctus Private Equity Fund LLC. (Giordano, Philip) |
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| Monday, February 19, 2018 | ||
| 6 | 6
misc
Request for notice of default
Mon 02/19 7:08 PM
Request for notice of default by Auctus Private Equity Fund LLC Pursuant to Rule 55(a), with Certificate of Service .(Giordano, Philip) |
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Att: 1
Affidavit of Philip M. Giordano,
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Att: 2
Exhibit A
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| Tuesday, February 06, 2018 | ||
| 5 | 5
order
Order
Tue 02/06 1:51 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Defendant's answer was due on November 2, 2017, but to date, Defendant has not entered an appearance or filed an answer. Plaintiff, however, has not filed a motion for an entry of default. Accordingly, Plaintiff shall file a status report by February 20, 2018 . (McDonagh, Christina) |
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| Monday, October 23, 2017 | ||
| 4 | 4
service
Summons Returned Executed
Mon 10/23 5:25 PM
SUMMONS Returned Executed Petron Energy II, Inc. served on 10/12/2017, answer due 11/2/2017. (Giordano, Philip) |
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| Thursday, October 12, 2017 | ||
| 3 | 3
service
Summons Issued
Thu 10/12 1:59 PM
Summons Issued as to Petron Energy II, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McKillop, Matthew) |
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| 2 | 2
notice
Notice of Case Assignment
Thu 10/12 1:56 PM
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (DaSilva, Carolina) |
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| Wednesday, October 11, 2017 | ||
| 1 | 1
cmp
Complaint
Wed 10/11 5:31 PM
COMPLAINT with Demand for Jury Trial against Petron Energy II, Inc. Filing fee: $ 400, receipt number 0101-6835331 (Fee Status: Filing Fee paid), filed by Auctus Private Equity Fund LLC.(Giordano, Philip) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Supplement Civil Category Sheet,
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Att: 4
Civil Cover Sheet
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