Sastre v. Source Construction Contracting, Inc. et al
| New York Eastern District Court | |
| Judge: | Vera M Scanlon |
| Referred: | Vera M Scanlon |
| Case #: | 1:19-cv-02508 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | May 01, 2019 |
| Last checked: Monday Oct 28, 2019 4:34 AM EDT |
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Defendant
Gerald V. Clancy
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Represented By
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Defendant
Source Construction Contracting, Inc.
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Represented By
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Plaintiff
Gabriel Sastre
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Represented By
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| Docket last updated: 3 hours ago |
| Monday, June 29, 2020 | ||
| 22 | 22
misc
Transcript
Mon 06/29 5:10 PM
TRANSCRIPT of Proceedings held on April 21, 2020, before Judge Scanlon. Court Reporter/Transcriber Transcription Plus II, Inc. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/20/2020. Redacted Transcript Deadline set for 7/30/2020. Release of Transcript Restriction set for 9/28/2020. (Rocco, Christine) |
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| Monday, June 15, 2020 | ||
| 21 | 21
misc
Letter
Mon 06/15 4:23 PM
Letter Re: Update on Settlement Argeement by Gabriel Sastre (Avshalumov, Roman) |
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| Wednesday, May 06, 2020 | ||
| 20 | 20
misc
Letter
Wed 05/06 4:11 PM
Letter Re: Fully Executed Settlement Agreement by Gabriel Sastre (O'Donnell, James) |
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Att: 1
Exhibit 1 (Fully Executed Settlement Agreement)
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utility
Case No Longer Referred
Wed 05/06 1:12 PM
Case no longer referred to Magistrate Judge Vera M. Scanlon. (Abdallah, Fida) |
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misc
Consent to Jurisdiction by US Magistrate Judge
Wed 05/06 1:16 PM
CONSENT to Jurisdiction by US Magistrate Judge: The19 Consent to Jurisdiction by US Magistrate Judge is So Ordered. Case reassigned to Magistrate Judge Vera M. Scanlon for all further proceedings. Ordered by Judge Pamela K. Chen on 5/6/2020. Judge Pamela K. Chen no longer assigned to case. Please download and review the Individual Practices of the assigned Judges, located on our [LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Abdallah, Fida) |
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| Tuesday, May 05, 2020 | ||
| 19 | 19
misc
Consent to Jurisdiction by US Magistrate Judge
Tue 05/05 5:46 PM
CONSENT to Jurisdiction by US Magistrate Judge by Gabriel Sastre. (O'Donnell, James) |
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| Tuesday, April 21, 2020 | ||
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minutes
Telephone Conference
Tue 04/21 12:51 PM
Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 4/21/2020. James O'Donnell with Plaintiff. Janelle Romero appearing as a Spanish Transator. Ms. Romero is to file a notice of appearance. Sim R. Shapiro appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:35-12:00.) (Quinlan, Krista) |
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order
Status Report Order 1 - Terminate Deadlines and Hearings
Tue 04/21 1:24 PM
STATUS REPORT ORDER: As discussed during the 4/21/2020 conference, the Parties are to submit a fully executed settlement agreement by 5/5/2020. Counsel will consider whether to consent to the magistrate judge's jurisdiction and if so, file a fully executed consent form. Ordered by Magistrate Judge Vera M. Scanlon on 4/21/2020. (Quinlan, Krista) |
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| Wednesday, April 15, 2020 | ||
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order
Order Referring Motion
Wed 04/15 2:26 PM
ORDER REFERRING MOTION: The parties'18 motion for settlement approval is respectfully referred to the Honorable Vera M. Scanlon. The parties are encouraged to consent to Judge Scanlon's jurisdiction under 28 U.S.C. § 636(c). If the parties consent, they can file form AO85, "Notice, Consent, and Reference of a Civil Action to a Magistrate Judge." The form is available at https://www.nyed.uscourts.gov/forms/clerks-notice-rule-73-and-ao-85-rev-edny-notice-consent-and-reference-civil-action-magistrate. It must be signed by all parties and filed electronically. Ordered by Judge Pamela K. Chen on 4/15/2020. (Marks, Miriam) |
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| Tuesday, April 14, 2020 | ||
| 18 | 18
motion
Settlement
Tue 04/14 6:46 PM
MOTION for Settlement Approval by Gabriel Sastre. (O'Donnell, James) |
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Att: 1
4 pgs
Exhibit 1 (Settlement Agreement)
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| Tuesday, April 07, 2020 | ||
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order
Order on Motion to Adjourn Conference 1 - Terminate Deadlines and Hearings
Tue 04/07 8:22 AM
ORDER granting consent17 Motion to Adjourn Conference. At the request of the Parties, the 4/7/2020 Telephonic Cheeks Hearing is rescheduled to 4/21/2020 at 11:30 AM before Magistrate Judge Vera M. Scanlon. In addition to counsel for all Parties, Plaintiff is required to participate. On or before 4/16/2020, the Parties must file on ECF a joint motion for judicial approval of the proposed settlement that includes the proposed settlement agreement and a letter brief. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Should the Parties experience delays or difficulty accessing the conference bridge due to a high volume of calls, please dial again. In case of an emergency or should the Parties need to apprise the Court of any confidential developments requiring an adjournment of the telephone conference, the Parties may contact the Court via email at Scanlon_Chambers@nyed.uscourts.gov with 3 proposed alternative dates. No ex parte communications. Ordered by Magistrate Judge Vera M. Scanlon on 4/7/2020. (Quinlan, Krista) |
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| Monday, April 06, 2020 | ||
| 17 | 17
misc
Letter
Mon 04/06 1:48 PM
Letter Correspondence to Magistrate Judge Vera M. Scanlon by Gerald V. Clancy, Source Construction Contracting, Inc. (Shapiro, Sim) |
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order
Order(Other)
Mon 04/06 12:42 PM
ORDER: The Parties failed to comply with the Court's 3/12/2020 Order. By close of business today, the Parties must comply. The Parties are warned that failure to comply with the Court's Orders may result in sanctions. Ordered by Magistrate Judge Vera M. Scanlon on 4/6/2020. (Quinlan, Krista) |
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| Wednesday, April 01, 2020 | ||
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order
Order(Other)
Wed 04/01 10:34 AM
ORDER: The Parties are to call 877-336-1829 for the 4/7/2020 Cheeks Hearing and type in the access code 3581283 for the AT&T conference bridge. Should the Parties experience delays or difficulty accessing the conference bridge due to a high volume of calls, please dial again. In case of an emergency or should the Parties need to apprise the Court of any confidential developments requiring an adjournment of the telephone conference, the Parties may contact the Court via email at Scanlon_Chambers@nyed.uscourts.gov with 3 proposed alternative dates. No ex parte communications. Ordered by Magistrate Judge Vera M. Scanlon on 4/1/2020. (Quinlan, Krista) |
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| Thursday, March 12, 2020 | ||
| 16 | 16
order
Scheduling Order
Thu 03/12 9:09 AM
SCHEDULING ORDER: The 3/11/2020 letter indicates that the Parties have reached a settlement. Accordingly, Pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), a telephonic hearing is scheduled for 4/7/2020 at 12:00 PM before Magistrate Judge Vera M. Scanlon. In addition to counsel for all Parties, Plaintiff is required to participate. On or before 4/2/2020, the Parties must file on ECF a joint motion for judicial approval of the proposed settlement that includes the proposed settlement agreement and a letter brief (See attached Order for additional details). Ordered by Magistrate Judge Vera M. Scanlon on 3/12/2020. (Quinlan, Krista) |
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| Wednesday, March 11, 2020 | ||
| 15 | 15
misc
Letter
Wed 03/11 4:43 PM
Letter Advising Court of Settlement by Gabriel Sastre (Avshalumov, Roman) |
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order
Scheduling Order
Wed 03/11 4:55 PM
ORDER: In light of Plaintiff's15 Letter Advising the Court of Settlement, the initial pre-trial conference set for 3/12/2020 is adjourned sine die. Ordered by Judge Pamela K. Chen on 3/11/2020. (Marks, Miriam) |
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| Monday, February 10, 2020 | ||
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order
Order on Motion to Adjourn Conference
Mon 02/10 9:37 AM
ORDER: The14 Motion to Adjourn Conference is granted. The initial pre-trial conference is adjourned to March 12, 2020, at 11:00 a.m. , in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 2/10/2020. (Marks, Miriam) |
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| Friday, February 07, 2020 | ||
| 14 | 14
motion
Adjourn Conference
Fri 02/07 2:50 PM
MOTION to Adjourn Conference Scheduled for February 12, 2020 by Gabriel Sastre. (Avshalumov, Roman) |
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| Thursday, January 30, 2020 | ||
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order
~Util - Case Returned from Mediation
Thu 01/30 5:32 PM
Case returned from mediation. (Priftakis, Tina) |
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| Tuesday, January 21, 2020 | ||
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order
Scheduling Order
Tue 01/21 10:41 AM
ORDER: An initial pre-trial conference will be held on February 12, 2020, at 11:00 a.m. , in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 1/21/2020. (Marks, Miriam) |
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| Wednesday, January 15, 2020 | ||
| 13 | 13
misc
Proposed Pretrial Order
Wed 01/15 6:51 PM
Proposed Pretrial Order by Gabriel Sastre (Avshalumov, Roman) |
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| Wednesday, December 04, 2019 | ||
| 12 | 12
order
Scheduling Order Order Certifying Discovery 1 - Terminate Deadlines and Hearings
Wed 12/04 12:06 PM
SCHEDULING ORDER: As discussed during the 12/4/2019 conference (see attached order for additional detail and deadlines), counsel are in serious discussions as to settlement. They are encouraged to make a final effort to resolve the case and make a Cheeks submission. Discovery is concluded. Order Certifying Discovery is complete. On or before 1/15/2020, the Parties will file their joint Proposed Pretrial Order. Ordered by Magistrate Judge Vera M. Scanlon on 12/4/2019. (Quinlan, Krista) |
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minutes
Status Conference
Wed 12/04 12:00 PM
Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 12/4/2019 in Courtroom 13A South. Alfons D'Auria appearing for Plaintiff. Sim Shapiro appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:33-11:44.) (Quinlan, Krista) |
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| Monday, December 02, 2019 | ||
| 11 | 11
misc
Status Report
Mon 12/02 5:16 PM
STATUS REPORT by Gabriel Sastre (Avshalumov, Roman) |
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| Thursday, October 31, 2019 | ||
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order
Order on Motion to Adjourn Conference 1 - Terminate Deadlines and Hearings
Thu 10/31 9:10 AM
ORDER granting in part and denying in part10 Motion to Adjourn Conference.The Court is not available on the dates requested, At the parties request, the 11/5/2019 Status Conference is rescheduled to 12/4/2019 at 11:30 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel are to confirm amongst themselves that all are aware of this change. On or before 12/2/2019, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Ordered by Magistrate Judge Vera M. Scanlon on 10/31/2019. (Quinlan, Krista) |
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| Wednesday, October 30, 2019 | ||
| 10 | 10
motion
Adjourn Conference
Wed 10/30 4:18 PM
Letter MOTION to Adjourn Conference To Magistrate Judge Vera M. Scanlon by Gerald V. Clancy, Source Construction Contracting, Inc.. (Shapiro, Sim) |
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Att: 1
Scheduling Order
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| Tuesday, October 08, 2019 | ||
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order
Scheduling Order 1 - Terminate Deadlines and Hearings
Tue 10/08 10:55 AM
RE-SCHEDULING ORDER: Due to a conflict in the Court's schedule, the Status Conference originally scheduled for 10/24/2019 will be held on 11/5/2019 at 10:30 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel are to confirm amongst themselves that all are aware of this change. On or before 10/31/2019, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Ordered by Magistrate Judge Vera M. Scanlon on 10/8/2019. (Quinlan, Krista) |
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| Monday, June 17, 2019 | ||
| 9 | 9
order
Scheduling Order Order Referring Case to Mediation
Mon 06/17 2:33 PM
SCHEDULING ORDER: As discussed during the 6/17/2019 conference (see attached order for additional detail and deadlines), all discovery must be completed by 11/8/2019. On or before 11/15/2019, the Parties will file a joint status report letter confirming that discovery is complete. On or before 12/9/2019, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 1/9/2020, the Parties will file their joint Proposed Pretrial Order. An in person Status Conference is set for 10/24/2019 at 11:30 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 10/17/2019, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. ORDER REFERRING CASE to Mediation. Mediation shall be completed by 8/2/2019. (Selection of Mediator due by 7/1/2019.) Ordered by Magistrate Judge Vera M. Scanlon on 6/17/2019. (Quinlan, Krista) |
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minutes
Initial Conference Hearing
Mon 06/17 2:23 PM
Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 6/17/2019 in Courtroom 13A South. Alfons D'Auria appearing for Plaintiff. Arthur J. Smith appearing for Defendants. Mr. Smith to file a notice of appearance. See separate docket entry for Order issuing from this proceeding. (FTR Log #12:39-12:46.) (Quinlan, Krista) |
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adr
Mediation Instructions
Mon 06/17 2:41 PM
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Weinstein, Robyn) |
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| Friday, June 14, 2019 | ||
| 8 | 8
misc
Proposed Scheduling Order
Fri 06/14 9:52 AM
Proposed Scheduling Order by Gabriel Sastre (Avshalumov, Roman) |
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| Thursday, June 13, 2019 | ||
| 7 | 7
notice
Notice of Appearance
Thu 06/13 2:47 PM
NOTICE of Appearance by James Patrick Peter O'Donnell on behalf of Gabriel Sastre (aty to be noticed) (O'Donnell, James) |
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| 6 | 6
notice
Notice of Appearance
Thu 06/13 2:42 PM
NOTICE of Appearance by Alfons D'Auria on behalf of Gabriel Sastre (aty to be noticed) (D'Auria, Alfons) |
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| Wednesday, May 29, 2019 | ||
| 5 | 5
order
Scheduling Order
Wed 05/29 9:24 AM
SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 6/17/2019 at 12:30 PM before Magistrate Judge Scanlon in Courtroom 13A South. Plaintiff's counsel is directed to confirm with Defendants' counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 6/13/2019. In order to facilitate settlement discussions, Plaintiff's counsel is expected to provide Defendants' counsel with a detailed calculation of damages at least one week prior to the Initial Conference. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference unless in an emergency. Ordered by Magistrate Judge Vera M. Scanlon on 5/29/2019. (Quinlan, Krista) |
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| Friday, May 24, 2019 | ||
| 4 | 4
answer
Answer to Complaint
Fri 05/24 2:52 PM
Defendants' ANSWER to1 Complaint with notice of examination before trial by Gerald V. Clancy, Source Construction Contracting, Inc.. (Shapiro, Sim) |
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| Wednesday, May 01, 2019 | ||
| 3 | 3
misc
Clerks Notice of Rule 73
Wed 05/01 4:21 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Williams, Erica) |
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| 2 | 2
service
Summons Issued
Wed 05/01 4:17 PM
Summons Issued as to Gerald V. Clancy, Source Construction Contracting, Inc.. (Williams, Erica) |
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| 1 | 1
cmp
Complaint
Wed 05/01 4:08 PM
COMPLAINT against Gerald V. Clancy, Source Construction Contracting, Inc., filed by Gabriel Sastre. (Williams, Erica) |
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Att: 1
Civil Cover Sheet
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misc
Filing Fee Received
Wed 05/01 4:14 PM
FILING FEE: $ 400.00, receipt number 4653139432 (Williams, Erica) |
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