Elite Brands Inc. v. Sakar International, Inc.
| New York Southern District Court | |
| Judge: | Jennifer H Rearden |
| Case #: | 1:23-cv-07007 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1125la Trademark Infringement (Lanham Act) |
| Case Filed: | Aug 09, 2023 |
| Terminated: | Apr 01, 2024 |
| Last checked: Monday Feb 05, 2024 3:26 AM EST |
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Defendant
Sakar International, Inc.
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Represented By
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Plaintiff
Elite Brands Inc.
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Represented By
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| Docket last updated: 1 hours ago |
| Thursday, May 02, 2024 | ||
| 32 | 32
misc
Proposed Stipulation and Order
Thu 05/02 2:17 PM
PROPOSED STIPULATION AND ORDER. Document filed by Elite Brands Inc...(Carmen, Richard) |
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| Monday, April 01, 2024 | ||
| 31 | 31
1
pgs
order
Order of Dismissal
Mon 04/01 4:28 PM
ORDER OF DISMISSAL: The Court, having been advised that the parties have reached a settlement in principle, see ECF No. 30, hereby ORDERS that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within 30 days of the date of this Order if the settlement is not consummated. Any request for the Court to schedule a settlement conference must be made within 30 days of the date of this Order. To be clear, any application to reopen must be filed by the aforementioned deadline; any such application filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Pursuant to Paragraph 6.C of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 4/1/2024) (va) |
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| Friday, March 29, 2024 | ||
| 30 | 30
2
pgs
notice
Notice of Settlement
Fri 03/29 3:56 PM
NOTICE of Settlement of Action . Document filed by Sakar International, Inc...(Miro, Douglas) |
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| Thursday, March 14, 2024 | ||
| 29 | 29
2
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Thu 03/14 3:12 PM
ORDER: granting28 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. The parties shall complete fact depositions by Wednesday, April 17, 2024. All other deadlines remain in effect. The Clerk of Court is directed to terminate ECF No. 28. SO ORDERED. Deposition due by 4/17/2024. (Signed by Judge Jennifer H. Rearden on 3/14/2024) (ama) |
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| Wednesday, March 06, 2024 | ||
| 28 | 28
motion
Extension of Time to Complete Discovery
Wed 03/06 10:44 AM
FIRST LETTER MOTION for Extension of Time to Complete Discovery Joint Letter for extension of time to complete depositions addressed to Judge Jennifer H. Rearden from Richard E. Carmen, Esq. dated March 5, 2024. Document filed by Elite Brands Inc...(Carmen, Richard) |
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| 27 | 27
misc
Proposed Stipulation and Order
Wed 03/06 10:31 AM
PROPOSED STIPULATION AND ORDER. Document filed by Elite Brands Inc...(Carmen, Richard) |
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| Tuesday, February 13, 2024 | ||
| 26 | 26
order
Protective Order
Wed 02/14 9:02 AM
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... In filing Confidential Discovery Material or AEO Discovery Material with this Court, or filing portions of any pleadings, motions, or other papers that disclose such Confidential Discovery Material or AEO Discovery Material ("Confidential Court Submission"), the Party seeking to file under seal or with redactions shall do so in accordance with the applicable procedures set forth in the Local Rules for the United States District Court for the Southern District of New York, the Court's Individual Rules and Practices in Civil Cases, and/or the applicable procedures established by the Clerk of the Court. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 2/14/2024) (tg) |
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| Friday, February 09, 2024 | ||
| 25 | 25
notice
Notice of Appearance
Fri 02/09 10:53 AM
NOTICE OF APPEARANCE by Daniel Michael Nuzzaci on behalf of Sakar International, Inc...(Nuzzaci, Daniel) |
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| Wednesday, February 07, 2024 | ||
| 24 | 24
misc
Letter
Wed 02/07 9:47 AM
LETTER addressed to Judge Jennifer H. Rearden from Richard E. Carmen, Esq. dated February 5, 2024 re: Protective Order. Document filed by Elite Brands Inc...(Carmen, Richard) |
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Att: 1
Proposed Order Protective Order (Proposed),
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Att: 2
Proposed Order Redline of Proposed Order vs. Model Order
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| Wednesday, January 24, 2024 | ||
| 23 | 23
order
Scheduling Order
Wed 01/24 12:48 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). This case is to be tried to a jury. Initial disclosures were exchanged on November 15, 2023. See ECF No. 20. Expert Deposition due by 6/6/2024. Fact Discovery due by 3/29/2024. This deadline will not be extended absent extraordinary circumstances. Expert Discovery due by 6/6/2024. This deadline will not be extended absent extraordinary circumstances. Counsel for the parties have conferred and the present best estimate of the length of trial is 6-10 days. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 1/24/2024) (ks) |
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| Monday, January 22, 2024 | ||
| 22 | 22
misc
Letter
Mon 01/22 6:05 PM
LETTER addressed to Judge Jennifer H. Rearden from Richard E. Carmen, Esq. dated January 22, 2024 re: Joint Status Letter. Document filed by Elite Brands Inc...(Carmen, Richard) |
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| Thursday, January 04, 2024 | ||
| 21 | 21
misc
Letter
Thu 01/04 7:38 PM
JOINT LETTER addressed to Judge Jennifer H. Rearden from Richard E. Carmen, Esq. dated 1/4/2024 re: Joint Status Letter. Document filed by Elite Brands Inc...(Carmen, Richard) |
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| Tuesday, December 19, 2023 | ||
| 20 | 20
order
Memo Endorsement
Tue 12/19 12:13 PM
MEMO ENDORSEMENT: on re:17 Letter filed by Elite Brands Inc. ENDORSEMENT: Application GRANTED. By Thursday, January 4, 2024, the parties shall file a joint letter updating the Court on the status of their settlement efforts. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 12/19/2023) (ama) |
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| Monday, December 04, 2023 | ||
| 19 | 19
misc
Notice of Filing Transcript
Mon 12/04 12:36 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 10/31/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
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| 18 | 18
misc
Transcript
Mon 12/04 12:17 PM
TRANSCRIPT of Proceedings re: confernece held on 10/31/2023 before Judge Jennifer H. Rearden. Court Reporter/Transcriber: Dana Holland, (212) 805-0320. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/26/2023. Redacted Transcript Deadline set for 1/4/2024. Release of Transcript Restriction set for 3/4/2024..(McGuirk, Kelly) |
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| Friday, December 01, 2023 | ||
| 17 | 17
misc
Letter
Fri 12/01 3:43 PM
LETTER addressed to Judge Jennifer H. Rearden from Richard E. Carmen, Esq. dated December 1, 2023 re: Joint Status Letter. Document filed by Elite Brands Inc...(Carmen, Richard) |
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| Thursday, November 16, 2023 | ||
| 16 | 16
notice
Notice of Appearance
Thu 11/16 2:57 PM
NOTICE OF APPEARANCE by Brian Allen Comack on behalf of Sakar International, Inc...(Comack, Brian) |
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| Tuesday, October 31, 2023 | ||
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minutes
Pretrial Conference - Initial
Thu 11/02 12:46 PM
Minute Entry for proceedings held before Judge Jennifer H. Rearden: Initial Pretrial Conference held on 10/31/2023. By December 1, 2023, the parties shall file a joint letter updating the Court on the status of discovery, as well as any efforts to settle and whether referral to the mediation program might be productive. The parties are directed to order the transcript and split the cost. (Court Reporter Dana Holland) (kwi) |
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| Tuesday, October 24, 2023 | ||
| 15 | 15
misc
Letter
Tue 10/24 6:36 PM
FIRST LETTER addressed to Judge Jennifer H. Rearden from R. Carmen and D. Miro dated October 24, 2023 re: Joint Informational Letter. Document filed by Elite Brands Inc...(Carmen, Richard) |
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Att: 1
Exhibit Proposed Case Management Plan and Scheduling Order
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| Friday, October 13, 2023 | ||
| 14 | 14
order
Order for Initial Pretrial Conference
Fri 10/13 3:13 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference, via Microsoft Teams, on October 31, 2023 at 11:30 a.m. The partieswill receive log-in credentials via email. The public listen-only line may be accessed by dialing 646-453-4442 and entering Conference ID: 631 985 915#.All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the S.D.N.Y. ECF Rules & Instructions, which are available at https://nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-h-rearden. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Federal Rule of Civil Procedure 16 conference. Additionally, in accordance with Rule 3.B of the Court's Individual Rules and Practices in Civil Cases, the parties are hereby ORDERED to file on ECF a joint letter, describedbelow, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than one week prior to the conference date. The parties shall use this Court's form proposed Civil Case Management Plan and Scheduling Order, which is available at https://nysd.uscourts.gov/hon-jennifer-h-rearden. At that time, one courtesy copy of the pleadings should also be emailed to ReardenNYSDChambers@nysd.uscourts.gov. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) double-spaced pages, and shall provide the following information in separate paragraphs: as set forth herein. Counsel who have entered a notice of appearance as of the date of this Order are directed to (1) notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this Order and the Court's Individual Rules and Practices in Civil Cases forthwith, and (2) file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this Order must forthwith send a copy of this Order and the Court's Individual Rules and Practices in Civil Casesto that party personally. SO ORDERED.Telephonic Initial Conference set for 10/31/2023 at 11:30 AM before Judge Jennifer H. Rearden. (Signed by Judge Jennifer H. Rearden on 10/13/2023) (ama) |
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| Friday, October 06, 2023 | ||
| 13 | 13
answer
Answer to Complaint
Fri 10/06 4:04 PM
ANSWER to1 Complaint,, with JURY DEMAND. Document filed by Sakar International, Inc...(Miro, Douglas) |
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| 12 | 12
misc
Rule 7.1 Corporate Disclosure Statement
Fri 10/06 4:02 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sakar International, Inc...(Miro, Douglas) |
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| Thursday, August 31, 2023 | ||
| 11 | 11
order
Order on Motion for Extension of Time to Answer
Thu 08/31 3:02 PM
ORDER granting10 Letter Motion for Extension of Time to Answer re10 LETTER MOTION for Extension of Time to File Answer re:1 Complaint,, addressed to Judge Jennifer H. Rearden from Douglas A. Miro dated August 30, 2023.,1 Complaint. SO ORDERED. Sakar International, Inc. answer due 10/6/2023. (Signed by Judge Jennifer H. Rearden on 8/31/2023) (ate) |
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| Wednesday, August 30, 2023 | ||
| 10 | 10
motion
Extension of Time to File Answer
Wed 08/30 6:15 PM
LETTER MOTION for Extension of Time to File Answer re:1 Complaint,, addressed to Judge Jennifer H. Rearden from Douglas A. Miro dated August 30, 2023. Document filed by Sakar International, Inc...(Miro, Douglas) |
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| Friday, August 18, 2023 | ||
| 9 | 9
service
Affidavit of Service Complaints
Fri 08/18 4:27 PM
AFFIDAVIT OF SERVICE. Sakar International, Inc. served on 8/16/2023, answer due 9/6/2023. Service was accepted by Colleen Banahan, Clerk in the Office of the Secretary of State, of the State of New York. Document filed by Elite Brands Inc...(Kleiman, Ira) |
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| Friday, August 11, 2023 | ||
| 8 | 8
1
pgs
misc
AO 120 Form Trademark - Case Opening - Submitted
Fri 08/11 2:10 PM
AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(jgo) |
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| 7 | 7
service
Summons Issued
Fri 08/11 2:10 PM
ELECTRONIC SUMMONS ISSUED as to Sakar International, Inc...(jgo) |
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| Thursday, August 10, 2023 | ||
| 6 | 6
service
Request for Issuance of Summons
Thu 08/10 5:57 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Sakar International, Inc., re:1 Complaint,,. Document filed by Elite Brands Inc...(Kleiman, Ira) |
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| 5 | 5
1
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misc
AO 120 Form Patent/Trademark - Notice of Submission by Attorney
Thu 08/10 12:20 PM
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Kleiman, Ira) |
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| 4 | 4
misc
Civil Cover Sheet
Thu 08/10 12:16 PM
CIVIL COVER SHEET filed..(Kleiman, Ira) |
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misc
Notice to Attorney to Submit/File Civil Cover Sheet
Thu 08/10 10:05 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Richard Eric Carmen. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
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misc
Notice to Attorney Regarding Party Modification
Thu 08/10 10:07 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard Eric Carmen. The party information for the following party/parties has been modified: Elite Brands Inc. a New York Corporation; Sakar International, Inc. a New York corporation. The information for the party/parties has been modified for the following reason/reasons: party text was removed. (jgo) |
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notice
Case Opening Initial Assignment Notice
Thu 08/10 10:08 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) |
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utility
Case Designation
Thu 08/10 10:09 AM
Magistrate Judge Jennifer Willis is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) |
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utility
Case Designated ECF
Thu 08/10 10:09 AM
Case Designated ECF. (jgo) |
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misc
Notice to Attorney to Submit AO 120 Form/AO 121 Form
Thu 08/10 10:10 AM
***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Richard Eric Carmen to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (jgo) |
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| Wednesday, August 09, 2023 | ||
| 3 | 3
misc
Rule 7.1 Corporate Disclosure Statement
Wed 08/09 3:38 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Elite Brands Inc...(Carmen, Richard) |
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| 2 | 2
notice
Notice of Appearance
Wed 08/09 3:37 PM
NOTICE OF APPEARANCE by Ira Kleiman on behalf of Elite Brands Inc...(Kleiman, Ira) |
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| 1 | 1
63
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cmp
Complaint
Wed 08/09 12:23 PM
COMPLAINT against Sakar International, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28123659)Document filed by Elite Brands Inc...(Carmen, Richard) |
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Att: 1
1 pgs
Exhibit Front View Sakar iE 6035 Camera,
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Att: 2
1 pgs
Exhibit Camera Box Back Panel Sakar iE 6035,
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Att: 3
Exhibit Camera Box Bottom Panel Sakar iE 6035,
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Att: 4
Exhibit Camera User Manual Cover, pgs. 11 and 63 Sakar iE 6035,
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Att: 5
Exhibit Front View Sakar iE 7276W Camera,
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Att: 6
Exhibit Camera Box Back Panel Sakar iE 7276W,
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Att: 7
Exhibit Camera Box Bottom Panel Sakar iE 7276W,
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Att: 8
Exhibit Cover page and page 14 February 2023 Heartland America catalog
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