DISH Network L.L.C. et al v. Robert Thomas Boshae
| California Central District Court | |
| Judge: | Michael W Fitzgerald |
| Referred: | David T Bristow |
| Case #: | 5:15-cv-02377 |
| Nature of Suit | 490 Other Statutes - Cable/Sat TV |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Nov 18, 2015 |
| Terminated: | Jun 17, 2016 |
| Last checked: Monday May 16, 2016 2:00 AM PDT |
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Defendant
Robert Thomas Boshae
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Plaintiff
DISH Network L.L.C.
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Represented By
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Plaintiff
EchoStar Technologies L.L.C.
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Represented By
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Plaintiff
NagraStar LLC
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Represented By
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| Docket last updated: 12 hours ago |
| Friday, February 03, 2017 | ||
| 33 | 33
order
Stipulation and Order
Fri 02/03 4:10 PM
ORDER VACATING FINAL JUDGMENT AND PERMANENT INJUNCTION32 by Judge Michael W. Fitzgerald. The Court approves the parties' stipulation and orders as follows: 1. The Court's Judgment dated June 17, 201617 is vacated with respect to damages only; 2. The Court's Permanent Injunction dated June 17, 201617 remains in full effect. (See attached document for details.) (lom) |
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| 32 | 32
stip
Alter Judgment
Fri 02/03 10:39 AM
STIPULATION to Alter Judgment re Judgment,,,,,,,, Permanent Injunction,,,,,,,17 . filed by Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC.(Frank, Timothy) |
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Att: 1
Proposed Order
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| Monday, January 23, 2017 | ||
| 31 | 31
minutes
Motion Hearing ~Util - Link Motions to Minutes Set Aside Default
Mon 01/23 11:14 AM
MINUTES OF EVIDENTIARY - MOTION TO SET ASIDE DEFAULT JUDGMENT AND ENTRY OF DEFAULT25 Hearing held before Judge Michael W. Fitzgerald. The Court hears argument from counsel. The witness is sworn and testifies. The motion is taken under submission. Court Reporter: Nichole Forrest. (lom) |
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| Thursday, January 19, 2017 | ||
| 30 | 30
testxtonly
Text Only Scheduling Notice
Thu 01/19 4:10 PM
SCHEDULING NOTICE by Judge Michael W. Fitzgerald: On the Court's own motion, the TIME for the hearing on Motion to Set Aside Default Judgment and Entry of Default25 is ADVANCED to 9:00 AM on 1/23/2017 before Judge Michael W. Fitzgerald. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) |
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| Thursday, January 12, 2017 | ||
| 29 | 29
order
Order
Thu 01/12 3:41 PM
ORDER GRANTING Plaintiff Request to Cross-Examine Declarant Defendant Robert Thomas Boshae27 by Judge Michael W. Fitzgerald that the Court GRANTSthe request and ORDERS Defendant to appear in person at the hearing on 1/23/2017 for cross-examination. (jp) |
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| Wednesday, January 11, 2017 | ||
| 28 | 28
respm
Reply (Motion related)
Wed 01/11 7:34 PM
REPLY Opposition to Plaintiff's Opposition to Motion to Set Aside Default Judgment with Proof of Service filed by Defendant Robert Thomas Boshae. (Setlich, John) |
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| Monday, January 09, 2017 | ||
| 27 | 27
notice
Notice (Other)
Mon 01/09 5:29 PM
NOTICE of Request to Cross-Examine Declarant Defendant Robert Thomas Boshae filed by Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC.(Frank, Timothy) |
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Att: 1
Proposed Order
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| Friday, December 30, 2016 | ||
| 26 | 26
respm
Response in Opposition to Motion
Fri 12/30 8:12 AM
OPPOSITION to NOTICE OF MOTION AND MOTION to Set Aside Default Re: Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines/Hearings,13 , Order on Motion for Default Judgment16 , Order on Motion for Default Judgment,, Motion Hearing,25 filed by Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC.(Frank, Timothy) |
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Att: 1
Declaration of Timothy Frank,
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Att: 2
Exhibits 1-15 to Frank Declaration
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| Tuesday, December 13, 2016 | ||
| 25 | 25
motion
Set Aside Default
Tue 12/13 5:56 PM
NOTICE OF MOTION AND MOTION to Set Aside Default Re: Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines/Hearings,13 , Order on Motion for Default Judgment16 , Order on Motion for Default Judgment,, Motion Hearing,15 , Clerks Entry of Default (CV-37) - optional html form12 . Notice of Motion and Motion to Set Aside Default Judgment and Entry of Default with Proof of Service filed by Defendant Robert Thomas Boshae. Motion set for hearing on 1/23/2017 at 10:00 AM before Judge Michael W. Fitzgerald. (Attorney John R Setlich added to party Robert Thomas Boshae(pty:dft)) (Setlich, John) |
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Att: 1
Memorandum Points and Authorities,
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Att: 2
Declaration of Robert T Boshae,
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Att: 3
Declaration of John R Setlich,
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Att: 4
Proposed Order,
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Att: 5
Proof of Service
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| Friday, October 14, 2016 | ||
| 24 | 24
service
USM-285 Service of non-complaint documents - Executed
Mon 10/17 3:10 PM
PROCESS RECEIPT AND RETURN (USM-285) of Writ of Execution returned executed upon Robert Thomas Boshae. Remarks: Mailed on: 10/5/2016; Served on 10/5/2016. Proof of service attached. (jp) |
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| Thursday, September 22, 2016 | ||
| 23 | 23
service
Proof of Service (subsequent documents)
Mon 09/26 9:43 AM
PROCESS RECEIPT AND RETURN - USM 285 and PROOF OF SERVICE filed by plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC, upon Bank of America, N.A., served on 9/15/2016. Service of the Notice of Levy, Memorandum of Garnishee (x2), Writ of Execution were executed upon Gladys Agullera, Process Specialist, Authorized to Accept in compliance with statute not specified by Personal and by Mailed was executed upon Robert Thomas Boshae. (jp) |
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| Wednesday, September 21, 2016 | ||
| 22 | 22
misc
Abstract of Judgment issued
Wed 09/21 4:09 PM
ABSTRACT of Judgment issued in favor of plaintiff DISH Network L.L.C., NagraStar LLC, EchoStar Technologies L.L.C., and against Robert Thomas Boshae in the principal amount of $ 3,600,000, interest in the amount of $ 0.00, attorneys fees of $ 0.00, costs of $ 0.00. RE: Judgment and Permanent Injunction [17. ] (jp) |
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| Thursday, September 01, 2016 | ||
| 21 | 21
misc
Writ of Execution - Issued
Thu 09/01 4:46 PM
Writ of Execution issued against Robert Thomas Boshae re: Judgment17 , Affidavit and Request for Issuance of Writ of Execution18 . (jp) |
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| Tuesday, August 30, 2016 | ||
| 20 | 20
order
For Order
Tue 08/30 1:55 PM
ORDER GRANTING Plaintiffs Request for Appointment of Process Server19 by Judge Michael W. Fitzgerald as follows: (1) Any writ of execution issued in this case may be served by William Miranda, or any other registered process server of ABC Legal Services, Inc. that is at least 18 years of age, of suitable discretion, and not a party to this action. (2) The United States Marshals Service will remain the levying officer. (jp) |
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| Monday, August 29, 2016 | ||
| 19 | 19
motion
Order
Mon 08/29 11:11 AM
REQUEST for Order for Appointing a Process Server filed by Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (Frank, Timothy) |
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Att: 1
Exhibit 1,
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Att: 2
Proposed Order
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| 18 | 18
misc
Affidavit and Request for Issuance of Writ of Execution
Mon 08/29 10:44 AM
Affidavit and Request for Issuance of Writ of Execution re: Judgment,,,,,,,, Permanent Injunction,,,,,,,17 filed by Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC.(Frank, Timothy) |
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Att: 1
Writ of Execution
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| Friday, June 17, 2016 | ||
| 17 | 17
judgmentCV
Judgment Permanent Injunction
Fri 06/17 4:16 PM
JUDGMENT AND PERMANENT INJUNCTION by Judge Michael W. Fitzgerald, in favor of DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC against Robert Thomas Boshae: In accordance with the Court's Order Granting Motion for Default Judgment (Docket No. 15), and pursuant to Rule 54 of the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. Damages Pursuant to 47 U.S.C. § 605(e)(3)(C)(i)(II), Plaintiffs DISH Network, LLC, EchoStar Technologies, LLC, and NagraStar LLC are hereby awarded final judgment against Defendant in the sum of $3,600,000. 2. Permanent Injunction: After receiving actual notice of this Judgment, Defendant and any person acting in active concert or participation with Defendant are hereby permanently enjoined from: (a) manufacturing, importing, offering to the public, providing, or otherwise trafficking in passcodes to the NFPS service, any other code or password used in accessing an IKS server, and any other technology or part thereof that is used in circumventing DISH Network's security system or receiving DISH Network programming without authorization; (b) circumventing or assisting others in circumventing the DISH Network security system, or receiving or assisting others in receiving DISH Networks satellite signal without authorization; and (c) testing, analyzing, reverse engineering, manipulating, or extracting code, data, or information from DISH Networks satellite receivers, smart cards, satellite stream, or any other part or component of the DISH Network security system. 3. The Court's Jurisdiction: The Court retains jurisdiction over this action for a period of two years for purposes of enforcing this final judgment and permanent injunction. (MD JS-6. Case Terminated). (bm) |
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| 16 | 16
order
Default Judgment
Fri 06/17 3:03 PM
MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: For the reasons stated herein, the Plaintiff's Motion for Default Judgment14 is GRANTED. A separate Judgment will issue. IT IS SO ORDERED. (cw) |
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| Monday, June 13, 2016 | ||
| 15 | 15
minutes
Motion Hearing Default Judgment
Mon 06/13 11:33 AM
MINUTES OF MOTION for Default Judgment14 before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. Case called, and counsel make their appearance. The Court hears argument from counsel. The motion is granted. The order and judgment will issue. Court Reporter: Naren L. Jansen. (jp) |
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| Thursday, May 12, 2016 | ||
| 14 | 14
motion
Default Judgment
Thu 05/12 1:27 PM
NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Robert Thomas Boshae filed by Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. Motion set for hearing on 6/13/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Frank, Timothy) |
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Att: 1
22 pgs
Memorandum,
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Att: 2
Declaration of Gregory Duval,
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Att: 3
Declaration of Christopher Ross,
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Att: 4
Exhibits 1-2 to Ross Declaration,
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Att: 5
Declaration of Timothy Frank,
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Att: 6
Exhibits 1-8 to Frank Declaration,
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Att: 7
Proposed Order,
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Att: 8
Proof of Service
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| Wednesday, May 11, 2016 | ||
| 13 | 13
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Deadlines/Hearings
Wed 05/11 3:05 PM
MINUTE IN CHAMBERS ORDER TO SHOW CAUSE RE DEFAULT JUDGMENT by Judge Michael W. Fitzgerald: In light of the Default By Clerk entered on May 2, 201612 , the Court sets a hearing for Order To Show Cause Re Default Judgment for June 6, 2016 at 11:30 a.m. If a Motion for Default Judgment is filed prior to this hearing, the hearing on the Order To Show Cause will be discharged, and no appearance will be necessary. (jp) |
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| Monday, May 02, 2016 | ||
| 12 | 12
order
Clerks Entry of Default (CV-37) - optional html form
Mon 05/02 11:54 AM
DEFAULT BY CLERK F.R.Civ.P.55(a) as to Robert Thomas Boshae. (jp) |
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| Friday, April 29, 2016 | ||
| 11 | 11
motion
Clerk to Enter Default
Fri 04/29 9:38 AM
APPLICATION for Clerk to Enter Default against Defendant Robert Thomas Boshae filed by Plaintiffs DISH Network L.L.C., NagraStar LLC, EchoStar Technologies L.L.C.. (Frank, Timothy) |
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Att: 1
Declaration of Timothy Frank,
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Att: 2
Proof of Service
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| Tuesday, April 05, 2016 | ||
| 10 | 10
service
Service of Summons and Complaint Returned Executed (21 days)
Tue 04/05 10:12 AM
PROOF OF SERVICE Executed by Plaintiff DISH Network L.L.C., NagraStar LLC, EchoStar Technologies L.L.C., upon Defendant Robert Thomas Boshae served on 4/4/2016, answer due 4/25/2016. Service of the Summons and Complaint were executed upon Defendant Robert Thomas Boshae in compliance with statute not specified by substituted service at home address and no service by mail was executed.Original Summons NOT returned.(Frank, Timothy) |
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Att: 1
Exhibits 1-2 to Proof of Service
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| Wednesday, March 23, 2016 | ||
| 9 | 9
order
For Order
Wed 03/23 3:54 PM
MINUTES (In Chambers): ORDER GRANTING Plaintiffs' Motion for Alternative Service8 by Judge Michael W. Fitzgerald: The Motion is GRANTED. Plaintiffs shall serve Defendant and file a corresponding Proof of Service with the Court on or before 4/25/2016. (jp) |
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| Tuesday, February 23, 2016 | ||
| 8 | 8
motion
Order
Tue 02/23 1:52 PM
NOTICE OF MOTION AND MOTION for Order for Alternative Service filed by Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. Motion set for hearing on 3/28/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Frank, Timothy) |
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Att: 1
8 pgs
Memorandum,
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Att: 2
Declaration of Timothy Frank,
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Att: 3
Exhibits 1-7 to Frank Declaration,
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Att: 4
Declaration of William Miranda,
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Att: 5
Exhibits 1-2 to Miranda Declaration,
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Att: 6
Declaration of Robert H. Young,
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Att: 7
Exhibit 1 to Young Declaration,
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Att: 8
Declaration of Sergio Gonzalez,
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Att: 9
Exhibit 1 to Gonzalez Declaration,
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Att: 10
Proposed Order
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| Thursday, November 19, 2015 | ||
| 7 | 7
service
Summons Issued (Attorney Civil Case Opening)
Thu 11/19 11:51 AM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),1 as to Defendant Robert Thomas Boshae. (aco) |
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| 6 | 6
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Thu 11/19 10:54 AM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (aco) |
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| 5 | 5
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Thu 11/19 10:54 AM
NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge David T. Bristow. (aco) |
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| Wednesday, November 18, 2015 | ||
| 4 | 4
notice
Certificate/Notice of Interested Parties
Wed 11/18 1:19 PM
Plaintiffs' NOTICE of Interested Parties filed by Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC, identifying DISH DBS Corporation; DISH Orbital Corporation; DISH Network Corporation; EchoStar Corporation; Nagra USA, Inc.; and Kudelski SA. (Frank, Timothy) |
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| 3 | 3
notice
Summons Request
Wed 11/18 1:17 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),1 filed by Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (Frank, Timothy) |
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| 2 | 2
misc
Civil Cover Sheet (CV-71)
Wed 11/18 1:16 PM
CIVIL COVER SHEET filed by Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (Frank, Timothy) |
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| 1 | 1
cmp
Complaint (Attorney Civil Case Opening)
Wed 11/18 1:15 PM
COMPLAINT Receipt No: 0973-16804876 - Fee: $400, filed by Plaintiffs DISH Network L.L.C., NagraStar LLC, EchoStar Technologies L.L.C.. (Attorney Timothy M Frank added to party DISH Network L.L.C.(pty:pla), Attorney Timothy M Frank added to party EchoStar Technologies L.L.C.(pty:pla), Attorney Timothy M Frank added to party NagraStar LLC(pty:pla))(Frank, Timothy) |
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