Gary L. Beavers v. Enriques et al

California Central District Court
Judge:Wesley L Hsu
Referred: Karen E Scott
Case #: 2:23-cv-01835
Nature of Suit550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause42:1983 Prisoner Civil Rights
Case Filed:Mar 10, 2023

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Docket last updated: 5 hours ago
Friday, April 25, 2025
47 47 reportrecommend Notice of Report and Recommendation Fri 04/25 1:23 PM
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Karen E. Scott. Objections to R&R due by 5/19/2025. (jdo)
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46 46 reportrecommend Report and Recommendation (Issued) Fri 04/25 1:22 PM
REPORT AND RECOMMENDATION issued by Magistrate Judge Karen E. Scott Re Complaint (Prisoner Civil Rights)1 , MOTION for Summary Judgment35 . For the reasons explained below, the Court recommends DENYING Defendants' motion as to Claims One and Two but GRANTING it as to Claim Three. (See document.) (jdo)
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Thursday, January 23, 2025
45 45 respm Response in Support of Motion Thu 01/23 12:46 PM
RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Summary Judgment as to ; Memorandum of Points and Authorities 35 filed by Defendants J. Soto-Enriquez, A. Urias. (Widman, Carolyn)
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Monday, January 13, 2025
44 44 order Minutes of In Chambers Order/Directive - no proceeding held Mon 01/13 1:38 PM
(IN CHAMBERS) Briefing Schedule on Defendants' Motion to Strike Sur-Reply by Magistrate Judge Karen E. Scott43 . On or before January 27, 2025, Defendants shall file either (1) a notice advising the Court that no substantive response to Plaintiff's sur-reply is needed because of its repetitive nature; or (2) a short, substantive response to the exhaustion-related arguments in Plaintiff's sur-reply. [See document for further details.] (san)
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Friday, January 10, 2025
43 43 motion Strike Fri 01/10 12:04 PM
NOTICE OF MOTION AND MOTION to Strike Plaintiff's Sur-Reply ; Memorandum of Points and Authorities in Support filed by Defendants Uriah, J. Soto-Enriquez. (Widman, Carolyn)
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Monday, December 30, 2024
42 42 respm Reply (Motion related) Thu 01/02 2:51 PM
PLAINTIFF'S REPLY TO DEFENDANT'S IN THEIR MOTION FOR SUMMARY JUDGMENT35 filed by Plaintiff Gary L. Beavers. (san)
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Thursday, December 12, 2024
41 41 respm Reply (Motion related) Thu 12/12 6:37 PM
REPLY in Support NOTICE OF MOTION AND MOTION for Summary Judgment as to ; Memorandum of Points and Authorities 35 filed by Defendants J. Soto-Enriquez, A. Urias. (Widman, Carolyn)
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Wednesday, December 04, 2024
40 40 order Relief Wed 12/04 3:38 PM
ORDER by Magistrate Judge Karen E. Scott, Granting39 Defendants' request for a seven-day extension of time to file a Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment. Defendants shall have up to and including December 12, 2024, to file their Reply. (es)
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Tuesday, December 03, 2024
39 39 motion Relief Tue 12/03 6:17 PM
EX PARTE APPLICATION for Relief from Briefing Scheduling Order re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Motion Hearing and R&R Deadlines,,36 filed by Defendants J. Soto-Enriquez, A. Urias. (Widman, Carolyn)
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Att: 1 Proposed Order,
Att: 2 Certificate of Service
Monday, November 25, 2024
38 38 respm Motion Related Document Tue 11/26 8:15 AM
Plaintiff's REBUTTAL to Defendant's Uncontroverted Facts 35 filed by Plaintiff Gary L. Beavers. (es)
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37 37 respm Motion Related Document Tue 11/26 8:12 AM
Plaintiff's REBUTTAL to Defense Motion for Summary Judgement 35 filed by Plaintiff Gary L. Beavers. (es)
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Thursday, October 24, 2024
36 36 order Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Motion Hearing and R&R Deadlines Thu 10/24 1:05 PM
MINUTE (IN CHAMBERS): Order Setting Briefing Schedule for Defendants'Motion for Summary Judgment (Dkt.35 ) and Providing Notice to Plaintiff of Federal Rule of Civil Procedure 56 and Local Rule Requirements by Magistrate Judge Karen E. Scott: IT IS HEREBY ORDERED that: The Clerk is directed to provide Plaintiff with a copy of Federal Rule of Civil Procedure 56 and Central District Local Rule 56, which deal with summary judgment motions. Plaintiff shall file his Opposition to Defendants Motion for Summary Judgment on or before 11/21/2024. Defendants shall file a Reply to Plaintiff's Opposition on or before 12/5/2024. (et)
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Friday, October 18, 2024
35 35 motion Summary Judgment Fri 10/18 3:18 PM
NOTICE OF MOTION AND MOTION for Summary Judgment as to ; Memorandum of Points and Authorities filed by Defendants Uriah, J. Soto-Enriquez. (Widman, Carolyn)
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Att: 1 Defendants' Separate Statement of Uncontroverted Facts in Support of Defendants' Motion for Summary Judgment,
Att: 2 Declaration of J. Stout in Support of Defendants' Motion for Summary Judgment,
Att: 3 Declaration of Howard E. Moseley in Support of Defendants' Motion for Summary Judgment,
Att: 4 Declaration of Carolyn G. Widman in Support of Defendants' Motion for Summary Judgment,
Att: 5 Proposed Judgment,
Att: 6 Defendants' Rand Notice to Plaintiff Regarding Opposing Defendants' Motion for Summary Judgment,
Att: 7 Proof of Service
Friday, September 06, 2024
34 34 order Minutes of In Chambers Order/Directive - no proceeding held Fri 09/06 11:13 AM
MINUTES (IN CHAMBERS) Order GRANTING, in part, Plaintiff's Motion to Compel Production (Dkt.26 ) by Magistrate Judge Karen E. Scott: IT IS THEREFORE ORDERED that, on or before September 12, 2024, Defendantsshall mail Plaintiff a copy of the 4-page Review. SEE DOCUMENT FOR FURTHER INFORMATION. (es)
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Tuesday, September 03, 2024
33 33 order Minutes of In Chambers Order/Directive - no proceeding held Tue 09/03 4:11 PM
MINUTE ORDER (IN CHAMBERS) DIRECTING In-Camera Review by Magistrate Judge Karen E. Scott: IT IS HEREBY ORDERED that, on or before September 5, Defendants shall provide the Review to the Court for an in-camera review by emailing it to KES_Chambers@cacd.uscourts.gov. (See document for details.) (jdo)
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Friday, August 23, 2024
32 32 respm Reply (Motion related) Fri 08/23 3:09 PM
PLAINTIFF'S REBUTTAL TO DEFENSE OPPOSITION TO COMPEL DISCOVERY26 filed by Plaintiff Gary L. Beavers. (es)
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Thursday, August 01, 2024
31 31 order Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Motion Hearing and R&R Deadlines Thu 08/01 3:25 PM
MINUTES (IN CHAMBERS): Order Requiring Plaintiff to File a Reply in Support of His Motion to Compel (Dkt. 26) by Magistrate Judge Karen E. Scott: IT IS HEREBY ORDERED that, on or before August 28, 2024, Plaintiff shall file a reply brief in support of his motion to compel. The reply should discuss the following issues: 1. What information does Plaintiff expect to find in the Confidential Supervisorial Review of Grievance Log No. 98485 that cannot be found in the other documents Defendants produced related to that grievance? 2. Are there other ways, besides reviewing that specific document, that Plaintiff could use to obtain the same information? [SEE DOCUMENT FOR FURTHER INFORMATION.] (es)
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Thursday, July 25, 2024
30 30 respm Objection/Opposition (Motion related) Thu 07/25 4:10 PM
Opposition re: MOTION to Compel Production of Documents26 filed by Defendants J. Soto-Enriquez, A. Urias. (Attorney Carolyn Widman added to party J. Soto-Enriquez(pty:dft), Attorney Carolyn Widman added to party A. Urias(pty:dft))(Widman, Carolyn)
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Monday, July 15, 2024
29 29 order Appoint Counsel Mon 07/15 1:39 PM
MINUTES (IN CHAMBERS) Order DENYING Motion to Appoint Counsel (Dkt. 28) by Magistrate Judge Karen E. Scott: Denying28 MOTION for Appointment of Counsel. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es)
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Thursday, July 11, 2024
28 28 motion Appointment of Counsel Fri 07/12 10:34 AM
MOTION to Appoint Advisory Counsel filed by Plaintiff Gary L. Beavers. (es)
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27 27 order Compel Thu 07/11 12:26 PM
MINUTES (IN CHAMBERS) Order DENYING Plaintiff's Motion to Compel in Part, Requiring Defendants to Respond to the Motion in Part (Dkt. 26), and Extending Case Management Deadlines by Magistrate Judge Karen E. Scott: IT IS HEREBY ORDERED that: 1. On or before July 25, 2024, Defendants shall file a response to the part of the motion to compel addressing Plaintiff's argument that they should be compelled to produce the documents withheld on the basis of privilege. 2. The following deadlines in the Case Management and Scheduling Order (Dkt. 22) are extended as set forth below. All other provisions of that order remain in effect. Denying in part26 Motion to Compel. (es)
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Monday, July 08, 2024
26 26 motion Compel Mon 07/08 2:42 PM
MOTION to Compel Production of Documents filed by Plaintiff Gary L. Beavers. (et)
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Friday, April 26, 2024
25 25 order Scheduling Order ~Util - Set/Reset Deadlines Fri 04/26 1:30 PM
(TEXT ONLY) SCHEDULING ORDER by Magistrate Judge Karen E. Scott. In December 2023, the Court ordered the parties to file a discovery status report by April 5, 2024. (Dkt. 22 at 2.) On April 5, the Court received a discovery status report from Defendants. (Dkt. 24.) The Court did not receive a discovery status report from Plaintiff. If Plaintiff agrees that Defendants accurately summarized the current status of discovery in their April 5 report, then the Court excuses Plaintiff from filing his own report. If, however, Plaintiff disagrees with Defendants' summary of the ongoing discovery, then Plaintiff should file his own discovery status report by May 17, 2024. TEXT ONLY. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jdo)
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Friday, April 05, 2024
24 24 misc Status Report Fri 04/05 5:07 PM
STATUS REPORT DEFENDANTS DISCOVERY STATUS REPORT filed by Defendants J. Soto-Enriquez, A. Urias. (Widman, Carolyn)
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Thursday, February 22, 2024
23 23 notice Notice (Other) Thu 02/22 11:34 AM
Notice of Compliance with the Court's Order Re Initial Disclosure of Documents filed by Defendants J. Soto-Enriquez, A. Urias. (Widman, Carolyn)
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Wednesday, December 27, 2023
22 22 order Scheduling Order ~Util - Set/Reset Deadlines/Hearings Wed 12/27 11:44 AM
CASE MANAGEMENT AND SCHEDULING ORDER by Magistrate Judge Karen E. Scott. See document for details and deadlines. (es)
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Wednesday, December 20, 2023
21 21 answer Answer to Complaint (Prisoner Civil Rights) Wed 12/20 11:32 AM
ANSWER to Complaint (Prisoner Civil Rights)1 with JURY DEMAND filed by Defendants Enriques, Uriah.(Widman, Carolyn)
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Monday, November 13, 2023
20 20 notice Certificate/Notice of Interested Parties Mon 11/13 4:34 PM
NOTICE of Interested Parties filed by Defendants Enriques, Uriah, (Widman, Carolyn)
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19 19 service Waiver of Service Executed Mon 11/13 4:28 PM
WAIVER OF SERVICE Returned Executed filed by Defendants Uriah, Enriques. upon Uriah waiver sent by Plaintiff on 10/23/2023, answer due 12/22/2023; Enriques waiver sent by Plaintiff on 10/23/2023, answer due 12/22/2023. Waiver of Service signed by Carolyn G. Widman. (Widman, Carolyn)
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18 18 notice Notice of Appearance or Withdrawal of Counsel (G-123) Mon 11/13 4:20 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Carolyn Widman counsel for Defendants Enriques, Uriah. Adding Carolyn G. Widman as counsel of record for J. Enriques and A. Urias for the reason indicated in the G-123 Notice. Filed by Defendants J. Enriques and A. Urias. (Attorney Carolyn Widman added to party Enriques(pty:dft), Attorney Carolyn Widman added to party Uriah(pty:dft))(Widman, Carolyn)
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Tuesday, October 24, 2023
17 17 notice CDCR Report Service Waiver Received Tue 10/24 5:08 PM
CDCR Report of Service Waiver Received. This document is restricted to court users only; no NEF has been issued, and the document is not available electronically. (es)
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Monday, October 16, 2023
16 16 textonly Generic Text Only Entry Mon 10/16 11:24 AM
Text Only Entry. Service Packet for defendants emailed to the CDCR and USMS. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jdo)
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15 15 service Summons Issued Mon 10/16 11:17 AM
21 DAY Summons Issued re Amended Complaint11 as to Defendant Enriques, Uriah. (es)
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14 14 2 pgs order Order Mon 10/16 11:10 AM
ORDER RE SERVICE OF PROCESS UNDER THE CENTRAL DISTRICT E-SERVICE PILOT PROGRAM by Magistrate Judge Karen E. Scott: It is HEREBY ORDERED that service shall be initiated on the following CDCR defendant(s): Officer Enriques, Corrections Counselor, Sgt. Uriah, Supervising Sgt. Individual. [See document for further information.] (es)
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Friday, September 08, 2023
13 13 order R&R - Accepting Report and Recommendations Tue 09/12 2:38 PM
ORDER ACCEPTING REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE by Judge Wesley L. Hsu for Report and Recommendation (Issued),8 The Court accepts the findings, conclusions, and recommendations of the United States Magistrate Judge. The Court orders as follows: (1) The RAP Defendants and Doe Defendants are dismissed without prejudice but without leave to amend to re-plead claims against them in this action; (2) Any future amendments to the operative complaint shall be limited to claims against Defendants Enriques and Uriah; and (3) If Plaintiff wishes to file a First Amended Complaint limited to claims against Defendants Enriques and Uriah, then he may do so within twenty-one (21) days of the date of this Order. Alternatively, if he does not file a timely First Amended Complaint, then the Magistrate Judge will authorize service of the Complaint only on Defendants Enriques and Uriah in their individual capacity. (es)
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Monday, July 10, 2023
12 12 misc Financial Entry Mon 07/24 8:15 AM
FINANCIAL ENTRY: Received $402.00 from Gary L. Beavers. Re: Complaint (Prisoner Civil Rights)1 . Receipt number Pay.gov Tracking Id: 276NI80Q. (ee) Modified on 7/24/2023 (ee)
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Thursday, June 22, 2023
11 11 othcmp Amended Complaint Fri 06/23 3:23 PM
FIRST AMENDED COMPLAINT against Defendants Enriques, Uriah; Party John Does terminated amending Complaint (Prisoner Civil Rights)1 , filed by Plaintiff Gary L. Beavers(es)
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Monday, June 12, 2023
10 10 misc Financial Entry IFP Filing Fee Mon 06/12 1:48 PM
FINANCIAL ENTRY: Received $178.23 initial partial filing fee from plaintiff Gary L. Beavers on 06/12/2023, receipt number 171, re: Order on Request for Leave to Proceed without Prepayment of Filing Fees (CV60P),,, Order on Request to Proceed In Forma Pauperis with Declaration in Support (CV-60),,6 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dve)
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Thursday, June 08, 2023
9 9 reportrecommend Notice of Report and Recommendation Thu 06/08 10:28 AM
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Karen E. Scott. Objections to R&R due by 7/3/2023. (jdo)
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8 8 reportrecommend Report and Recommendation (Issued) Thu 06/08 10:24 AM
REPORT AND RECOMMENDATION issued by Magistrate Judge Karen E. Scott. Re Complaint (Prisoner Civil Rights)1 . IT IS THEREFORE RECOMMENDED that the District Court issue an Order: (1) approving and accepting this R&R; (2) DISMISSING the RAP Defendants and Doe Defendants without prejudice but without leave to amend to re-plead claims against them in this action. Any future amendments to the operative complaint shall be limited to claims against Defendants Enriques and Uriah. Objections to R&R due by 7/3/2023. (jdo)
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Friday, May 19, 2023
7 7 cs_rasgn Chief District Judge Transferring Case Mon 05/22 10:52 AM
ORDER OF THE CHIEF JUDGE (#23-051) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Wesley L. Hsu, this case is transferred from Judge James V. Selna to the calendar of Judge Wesley L. Hsu for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:23-cv-01835-WLH-KES. (sn)
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Monday, April 10, 2023
6 6 order Proceed without Prepayment of Filing Fees (CV 60P) Proceed In Forma Pauperis with Declaration in Support (CV-60) Mon 04/10 3:45 PM
ORDER ON REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES (PRISONER NON-HABEAS CASE) by Judge James V. Selna: Granting2 REQUEST for Leave to Proceed without Prepayment of Filing Fee. Granting5 REQUEST to Proceed in Forma Pauperis with Declaration in Support (CV-60). IT IS FURTHER ORDERED that the prisoner-plaintiff owes the Court the initial filing fee of $350.00. An initial partial filing fee of $178.23 must be paid within 30 days of the date of this order. Thereafter, monthly payments shall be forwarded to the Court in accordance with this order. (es)
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Thursday, March 30, 2023
5 5 motion Proceed In Forma Pauperis with Declaration in Support (CV-60) Tue 04/04 4:28 PM
REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by Plaintiff Gary L. Beavers. (es)
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Thursday, March 16, 2023
4 4 4 pgs order Order Thu 03/16 12:15 PM
ORDER ON REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES by Judge James V. Selna, re REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support2 Ruling on the Request is POSTPONED for 30 days so that Plaintiff has the opportunity to provide: authorization to disburse funds from the prison trust account. IT IS FURTHER ORDERED that: Within 30 days of the date of this Order, Plaintiff must do the following: SEE DOCUMENT FOR FURTHER INFORMATION. (es)
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Wednesday, March 15, 2023
3 3 notice Notice of Reference to US Magistrate Judge (CV-25) - optional html form Wed 03/15 9:11 AM
NOTICE OF ASSIGNMENT to District Judge James V. Selna and referred to Magistrate Judge Karen E. Scott. (car)
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Friday, March 10, 2023
2 2 motion Proceed Without Prepayment of Filing Fees (CV-60P) Wed 03/15 9:09 AM
Declaration in Support of Request to Proceed Without Prepayment of Filing Fees with filed by Plaintiff Gary L. Beavers. (car)
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1 1 cmp Complaint - (Prisoner Civil Rights) Wed 03/15 9:07 AM
CIVIL RIGHTS COMPLAINT filed against Defendants pursuant to 42 U.S.C. 1983. Case assigned to Judge James V. Selna and referred to Magistrate Judge Karen E. Scott, filed by Plaintiff Gary L. Beavers. (car)
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