Lamadieu v. Prize Logic, Inc. et al
| Massachusetts District Court | |
| Judge: | Richard G Stearns |
| Case #: | 1:20-cv-11490 |
| Nature of Suit | 790 Labor - Other Labor Litigation |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Aug 07, 2020 |
| Terminated: | Jan 12, 2022 |
| Case in other court: | Norfolk Superior, 2082-cv-00586 |
| Last checked: Wednesday Feb 03, 2021 4:16 AM EST |
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Defendant
Ryan LaMirand
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Represented By
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Defendant
Prize Logic, Inc.
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Represented By
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Plaintiff
Vladymir Lamadieu
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Represented By
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| Docket last updated: 09/05/2025 11:59 PM EDT |
| Tuesday, February 08, 2022 | ||
| 43 | 43
misc
Stipulation of Dismissal
Tue 02/08 9:55 AM
STIPULATION of Dismissal With Prejudice by Ryan LaMirand, Prize Logic, Inc.. (DeLuca, Francesco) |
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| Wednesday, January 12, 2022 | ||
| 42 | 42
order
Settlement Order of Dismissal
Wed 01/12 3:20 PM
Judge Richard G. Stearns: ORDER entered. 60-DAY SETTLEMENT ORDER OF DISMISSAL. (Pacho, Arnold) |
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| 41 | 41
misc
Status Report
Wed 01/12 10:58 AM
STATUS REPORT (Joint) by Ryan LaMirand, Prize Logic, Inc.. (DeLuca, Francesco) |
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| Tuesday, January 11, 2022 | ||
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order
Order
Tue 01/11 3:55 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered. This case was STAYED pending arbitration on December 21, 2020. As more than a year has elapsed, the court requires the parties to file a status report no later than 1/20/2022. (Zierk, Marsha) |
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| Wednesday, June 02, 2021 | ||
| 39 | 39
notice
Notice of Change of Address or Firm Name
Wed 06/02 10:34 AM
NOTICE of Change of Address or Firm Name by Francesco A. DeLuca (DeLuca, Francesco) |
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| Friday, April 09, 2021 | ||
| 38 | 38
notice
Notice of Withdrawal of Appearance
Fri 04/09 4:22 PM
NOTICE of Withdrawal of Appearance by Anna B. Rao (Rao, Anna) |
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| 37 | 37
notice
Notice of Appearance
Fri 04/09 10:53 AM
NOTICE of Appearance by Francesco A. DeLuca on behalf of Ryan LaMirand, Prize Logic, Inc. (DeLuca, Francesco) |
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| Thursday, March 25, 2021 | ||
| 36 | 36
notice
Notice of Withdrawal of Appearance
Thu 03/25 2:34 PM
NOTICE of Withdrawal of Appearance by Francesco A. DeLuca (DeLuca, Francesco) |
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| Monday, December 21, 2020 | ||
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order
~Util - Case Stayed
Mon 12/21 4:09 PM
Judge Richard G. Stearns: ORDER entered. Case stayed pending arbitration. (Pacho, Arnold) |
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| Friday, December 18, 2020 | ||
| 35 | 35
order
Order on Motion to Strike
Fri 12/18 1:58 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot31 Motion to Strike in light of the court's ruling 34 Order on Motion to Dismiss. (RGS, law1) |
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| 34 | 34
order
Order on Motion to Dismiss
Fri 12/18 1:54 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part16 Motion to Dismiss. Having removed this action to federal court, defendants Prize Logic, Inc. (Prize Logic) and Ryan LaMirand move to dismiss based on lack of personal jurisdiction and improper service of process under Rules 12(b)(2) and 12(b)(5), respectively. Alternatively, they move to compel plaintiff Vladymir Lamadieu to arbitrate his claims. Lamadieu worked at Prize Logic from September 24, 2018 to June 22, 2020. Dkt # 1-3 (Compl.) paras. 9-14. According to the Complaint, Prize Logic "invent[ed] a reason to terminate" Lamadieu to avoid paying his commissions. Id. paras. 29-32. Lamadieu asserts four claims: violation of the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, §§ 148, 150 (Count I), breach of contract (Count II), breach of covenant of good faith and fair dealing (Count III), and unjust enrichment (Count IV). Id. paras. 40-59. Defendants argue that personal jurisdiction does not attach because they "had little association with Massachusetts." Dkt # 17 (Mot.) at 7. Prize Logic is incorporated in Delaware and headquartered in Michigan; LaMirand is domiciled in Michigan and does not own or lease property in Massachusetts. Id. at 1-2. Defendants claim that any "incidental" contact derived from hiring Lamadieu, a Massachusetts resident, was "not part of any purposeful effort to participate in the Commonwealths economic life." Id. at 7. Lamadieu responds and the court agrees that hiring him to perform a job remotely from Massachusetts establishes specific personal jurisdiction. To satisfy the broadly construed "transacting business" prong of the Massachusetts long-arm statute, Mass. Gen. Laws ch. 223A, § 3(a), commercial contacts need only be "merely definite and perceptible." Diamond Grp., Inc. v. Selective Distrib. Int'l, Inc. , 84 Mass.App.Ct. 545, 549 (2013). Lamadieu "performed virtually all of his work in Massachusetts" and "earned all of the wages that are in dispute in Massachusetts." Dkt # 23 (Opp'n) at 1. LaMirand attended business meetings with Lamadieu in Boston, Massachusetts, Mot. at 2-3, and regularly communicated with Lamadieu about the same accounts for which he seeks commissions. Opp'n at 8. Regardless of whether Lamadieu successfully solicited business for defendants in Massachusetts, these activities demonstrate an attempt to participate in the economic life of the state. See King v. Prodea Sys., Inc. , 433 F. Supp. 3d 7, 14 (D. Mass. 2019), citing Cossart v. United Excel Corp. , 804 F.3d 13, 18-19 (1st Cir. 2015). This ends the inquiry because "the Massachusetts [long-arm] statute does not purport to extend jurisdiction as far as due process would allow." SCVNGR, Inc. v. Punchh, Inc. , 478 Mass. 324, 328 (2017). Nor does the court agree that service by mail was insufficient under Mass. R. Civ. P. 4(e) because LaMirand did not "sign any document relating to receipt" of the summons and Complaint. Mot. at 2. Lamadieu provides as evidence a signed return receipt. Opp'n at 13; Dkt # 23-3. Although LaMirand reiterates that he did not sign any receipt, Dkt # 27 at 4, an addressee need not personally sign for service to be proper. See, e.g. , United States v. Ayer , 857 F.2d 881, 887 (1st Cir. 1988) (service was proper when a "clerk who presumably signed for the certified mail delivery was authorized to receive such delivery as appellant's agent"). Given that LaMirand received notice of this lawsuit he removed it to federal court forty-five days after Lamadieu filed it this "evidence of personal delivery to the addressee" is "satisfactory to the court." Mass. R. Civ. P. 4(f). Nevertheless, Lamadieu must arbitrate his claims. Lamadieu does not contest his agreement to arbitrate "all... employment related matters," Dkt #18-1 at 1, but argues that it does not apply to claims against non-signatories. Opp'n at 14-17. The only parties to the arbitration agreement were Prize Logic's parent company, Prize Logic, LLC, see Dkt # 4, and Lamadieu. Dkt #18-1. However, as defendants argue, "nonsignatories may be bound to an arbitration agreement under ordinary contract and agency principles." Javitch v. First Union Sec., Inc. , 315 F.3d 619, 629 (6th Cir. 2003). Where it is undisputed that Prize Logic was Lamadieus employer, see Compl. para. 5, and the agreement to arbitrate concerned "employment related matters," Prize Logics agency relationship with its parent company is apparent. It follows that LaMirand too can compel Lamadieu to arbitrate because allowing parties to proceed in different forums would undermine the agreement. See Arnold v. Arnold Corp. , 920 F.2d 1269, 1281 (6th Cir.1990). Accordingly, the court DENIES defendants' motion to dismiss and ALLOWS the motion to compel arbitration. The Clerk will stay the case pending arbitration. (RGS, law1) |
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| Thursday, December 17, 2020 | ||
| 33 | 33
respm
Opposition to Motion
Thu 12/17 1:41 PM
Opposition re31 MOTION to Strike29 Declaration,27 Reply to Response to Motion filed by Ryan LaMirand, Prize Logic, Inc.. (DeLuca, Francesco) |
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| 32 | 32
4
pgs
respm
Memorandum in Support of Motion
Thu 12/17 10:25 AM
MEMORANDUM in Support re31 MOTION to Strike29 Declaration,27 Reply to Response to Motion filed by Vladymir Lamadieu. (Moeslinger, Raven) |
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| 31 | 31
motion
Strike
Thu 12/17 10:24 AM
MOTION to Strike29 Declaration,27 Reply to Response to Motion by Vladymir Lamadieu.(Moeslinger, Raven) |
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| Wednesday, December 16, 2020 | ||
| 30 | 30
misc
Declaration
Wed 12/16 6:11 PM
DECLARATION re27 Reply to Response to Motion by Ryan LaMirand, Prize Logic, Inc.. (DeLuca, Francesco) |
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| 29 | 29
misc
Declaration
Wed 12/16 3:39 PM
DECLARATION re27 Reply to Response to Motion by Ryan LaMirand, Prize Logic, Inc.. (DeLuca, Francesco) |
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| 28 | 28
misc
Declaration
Wed 12/16 3:36 PM
DECLARATION re27 Reply to Response to Motion by Ryan LaMirand, Prize Logic, Inc.. (DeLuca, Francesco) |
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| 27 | 27
respm
Reply to Response to Motion
Wed 12/16 3:34 PM
REPLY to Response to16 MOTION to Dismiss Or, In The Alternative, To Compel Arbitration filed by Ryan LaMirand, Prize Logic, Inc.. (DeLuca, Francesco) |
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| Tuesday, December 15, 2020 | ||
| 26 | 26
notice
Notice - Other
Tue 12/15 9:03 AM
NOTICE by Ryan LaMirand, Prize Logic, Inc. Regarding Filing of Their Reply (DeLuca, Francesco) |
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| Friday, December 11, 2020 | ||
| 25 | 25
order
Order on Motion for Leave to File Document
Fri 12/11 8:48 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting24 Motion for Leave to File a Reply. As the court is currently reviewing this case, counsel should now file the Reply including - Leave to file granted on 12/11/20- in the caption of the document. (Zierk, Marsha) |
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| Thursday, December 10, 2020 | ||
| 24 | 24
motion
Leave to File Document
Thu 12/10 12:34 PM
Assented to MOTION for Leave to File Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss by Ryan LaMirand, Prize Logic, Inc..(Rao, Anna) |
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| Tuesday, December 08, 2020 | ||
| 23 | 23
respm
Opposition to Motion
Tue 12/08 10:53 AM
Opposition re16 MOTION to Dismiss Or, In The Alternative, To Compel Arbitration filed by Vladymir Lamadieu.(Moeslinger, Raven) |
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Att: 1
Exhibit 1 - Lamadieu Declaration,
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Att: 2
Exhibit 2 - Lamadieu Pay Stubs,
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Att: 3
Exhibit 3 - Affidavit Of Service on LaMirand
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| Monday, November 30, 2020 | ||
| 22 | 22
order
Order on Motion for Extension of Time
Mon 11/30 4:16 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting21 Motion for Extension of Time until December 8, 2020, to oppose defendants' motion to dismiss. (Zierk, Marsha) |
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| 21 | 21
motion
Extension of Time
Mon 11/30 11:11 AM
MOTION for Extension of Time to December 8, 2020 to File Opposition by Vladymir Lamadieu.(Moeslinger, Raven) |
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| Tuesday, November 17, 2020 | ||
| 20 | 20
misc
Declaration
Tue 11/17 3:02 PM
DECLARATION re16 MOTION to Dismiss Or, In The Alternative, To Compel Arbitration by Ryan LaMirand, Prize Logic, Inc.. (DeLuca, Francesco) |
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| 19 | 19
misc
Declaration
Tue 11/17 3:01 PM
DECLARATION re16 MOTION to Dismiss Or, In The Alternative, To Compel Arbitration by Ryan LaMirand, Prize Logic, Inc..(DeLuca, Francesco) |
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Att: 1
Exhibit,
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Att: 2
Exhibit
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| 18 | 18
misc
Declaration
Tue 11/17 2:59 PM
DECLARATION re16 MOTION to Dismiss Or, In The Alternative, To Compel Arbitration by Ryan LaMirand, Prize Logic, Inc..(DeLuca, Francesco) |
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Att: 1
Exhibit
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| 17 | 17
19
pgs
respm
Memorandum in Support of Motion
Tue 11/17 2:49 PM
MEMORANDUM in Support re16 MOTION to Dismiss Or, In The Alternative, To Compel Arbitration filed by Ryan LaMirand, Prize Logic, Inc.. (DeLuca, Francesco) |
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| 16 | 16
motion
Dismiss
Tue 11/17 2:48 PM
MOTION to Dismiss Or, In The Alternative, To Compel Arbitration by Ryan LaMirand, Prize Logic, Inc..(DeLuca, Francesco) |
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| Thursday, October 22, 2020 | ||
| 15 | 15
order
Order on Motion for Extension of Time to Answer
Thu 10/22 10:15 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting14 Motion for Extension of Time to Answer or respond to the Complaint until November 17, 2020 - All Defendants. The court will not consider further extension without a status report of the progress towards settlement and a timetable for any further efforts. (Zierk, Marsha) |
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| Wednesday, October 21, 2020 | ||
| 14 | 14
motion
Extension of Time to File Answer
Wed 10/21 9:36 AM
Assented to MOTION for Extension of Time to November 17, 2020 to File Answer /Respond to Complaint by Ryan LaMirand, Prize Logic, Inc..(DeLuca, Francesco) |
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| Thursday, September 24, 2020 | ||
| 13 | 13
order
Order on Motion for Extension of Time to Answer
Thu 09/24 11:34 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting12 Assented to MOTION for Extension of Time to October 27, 2020 to File Answer or otherwise respond to the Complaint. (Pacho, Arnold) |
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| 12 | 12
motion
Extension of Time to File Answer
Thu 09/24 9:36 AM
Assented to MOTION for Extension of Time to October 27, 2020 to File Answer /Respond to Complaint by Ryan LaMirand, Prize Logic, Inc..(DeLuca, Francesco) |
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| Thursday, August 27, 2020 | ||
| 11 | 11
order
Order on Motion for Extension of Time to Answer
Thu 08/27 9:02 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting10 Motion for Extension of Time to respond to the Complaint until September 29, 2020, in light of the parties' settlement discussions. (Zierk, Marsha) |
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| Wednesday, August 26, 2020 | ||
| 10 | 10
motion
Extension of Time to File Answer
Wed 08/26 5:40 PM
MOTION for Extension of Time to September 29, 2020 to File Answer /Respond to Complaint by Ryan LaMirand, Prize Logic, Inc..(DeLuca, Francesco) |
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| Tuesday, August 18, 2020 | ||
| 9 | 9
misc
State Court Record - no answer filed in state court
Tue 08/18 2:34 PM
STATE COURT Record. (DeLuca, Francesco) |
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| Friday, August 14, 2020 | ||
| 8 | 8
utility
Set/Reset Deadlines
Fri 08/14 10:47 AM
Set Deadline: Defendants answer due September 8, 2020. (Pacho, Arnold) |
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| Thursday, August 13, 2020 | ||
| 7 | 7
notice
Notice - Other
Thu 08/13 4:06 PM
NOTICE by Ryan LaMirand, Prize Logic, Inc. re1 Notice of Removal, Supplemental Notice of Removal(DeLuca, Francesco) |
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Att: 1
Exhibit A & B
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| Friday, August 07, 2020 | ||
| 6 | 6
notice
Certified Copy of Notice of Removal Provided to Defense Counsel
Fri 08/07 2:22 PM
Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Weyland, Loren) |
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| 5 | 5
notice
Notice of Case Assignment
Fri 08/07 2:14 PM
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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. (Danieli, Chris) |
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| 4 | 4
misc
Corporate Disclosure Statement
Fri 08/07 1:53 PM
CORPORATE DISCLOSURE STATEMENT by Ryan LaMirand, Prize Logic, Inc. identifying Corporate Parent Prize Logic LLC, Corporate Parent Prize Logic Intermiediate Holdings LLC, Corporate Parent Pamilco Prize Logic Holdings LLC, Corporate Parent PC III Executive Fund PZL, Inc., Corporate Parent PC III PZL Holdings, L.P. for Prize Logic, Inc... (DeLuca, Francesco) |
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| 3 | 3
notice
Notice of Appearance
Fri 08/07 1:48 PM
NOTICE of Appearance by Anna B. Rao on behalf of Ryan LaMirand, Prize Logic, Inc. (Rao, Anna) |
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| 2 | 2
notice
Notice of Appearance
Fri 08/07 1:46 PM
NOTICE of Appearance by Francesco A. DeLuca on behalf of Ryan LaMirand, Prize Logic, Inc. (DeLuca, Francesco) |
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| 1 | 1
notice
Notice of Removal
Fri 08/07 1:45 PM
NOTICE OF REMOVAL by Ryan LaMirand, Prize Logic, Inc. ( Filing fee: $ 400, receipt number 0101-8364310 Fee Status: Filing Fee paid)(DeLuca, Francesco) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Category Form,
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Att: 3
Exhibit 1,
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Att: 4
Exhibit 2,
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Att: 5
Exhibit 3,
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Att: 6
Exhibit 4,
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Att: 7
Declaration of Ryan LaMirand
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