8/20/13

United States District Court Eastern District of Pennsylvania

STANDARD

United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:12-cv-03961-TON
THE HANOVER INSURANCE COMPANY v. URBAN OUTFITTERS, INC. et al Assigned to: HONORABLE THOMAS N. ONEILL, JR Cause: 28:1332 Diversity-Insurance Contract Plaintiff THE HANOVER INSURANCE COMPANY TERMINATED: 08/19/2013 represented by ANDREW J. GALLOGLY MARGOLIS EDELSTEIN THE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SQUARE WEST 6TH & WALNUT STS PHILADELPHIA, PA 19106-3304 215-931-5866 Fax: 215-922-1772 Email: agallogly@margolisedelstein.com TERMINATED: 08/19/2013 LEAD ATTORNEY Date Filed: 07/12/2012 Jury Demand: Defendant Nature of Suit: 110 Contract: Insurance Jurisdiction: Diversity

V. Defendant URBAN OUTFITTERS, INC. TERMINATED: 08/19/2013 represented by ALFRED W. PUTNAM , JR. DRINKER BIDDLE & REATH LLP ONE LOGAN SQ 18TH & CHERRY STS PHILADELPHIA, PA 19103-6996 215-988-2700 Email: alfred.putnam@dbr.com TERMINATED: 08/19/2013 BRADFORD P. BARRON DRINKER BIDDLE & REATH LLP ONE LOGAN SQUARE STE 2000 18TH & CHERRY STREETS PHILADELPHIA, PA 19103 215-988-2911 Email: bradford.barron@dbr.com TERMINATED: 08/19/2013 STEPHEN C. BAKER DRINKER BIDDLE & REATH LLP
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8/20/13

United States District Court Eastern District of Pennsylvania

ONE LOGAN SQ 18TH & CHERRY STS PHILA, PA 19103 215-988-2700 Email: stephen.baker@dbr.com TERMINATED: 08/19/2013 Defendant U.O.COM, LLC TERMINATED: 08/19/2013 represented by ALFRED W. PUTNAM , JR. (See above for address) TERMINATED: 08/19/2013 BRADFORD P. BARRON (See above for address) TERMINATED: 08/19/2013 STEPHEN C. BAKER (See above for address) TERMINATED: 08/19/2013 Defendant URBAN OUTFITTERS WHOLESALE, INC. TERMINATED: 08/19/2013 represented by ALFRED W. PUTNAM , JR. (See above for address) TERMINATED: 08/19/2013 BRADFORD P. BARRON (See above for address) TERMINATED: 08/19/2013 STEPHEN C. BAKER (See above for address) TERMINATED: 08/19/2013 Defendant ANTHROPOLOGIE, INC. TERMINATED: 08/19/2013 represented by ALFRED W. PUTNAM , JR. (See above for address) TERMINATED: 08/19/2013 BRADFORD P. BARRON (See above for address) TERMINATED: 08/19/2013 STEPHEN C. BAKER (See above for address) TERMINATED: 08/19/2013 Defendant ANTHROPOLOGIE.COM, LP TERMINATED: 08/19/2013
https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?903471698514725-L_1_0-1

represented by ALFRED W. PUTNAM , JR. (See above for address) TERMINATED: 08/19/2013
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8/20/13

United States District Court Eastern District of Pennsylvania

BRADFORD P. BARRON (See above for address) TERMINATED: 08/19/2013 STEPHEN C. BAKER (See above for address) TERMINATED: 08/19/2013 Defendant FREE PEOPLE OF PA, LLC TERMINATED: 08/19/2013 represented by ALFRED W. PUTNAM , JR. (See above for address) TERMINATED: 08/19/2013 BRADFORD P. BARRON (See above for address) TERMINATED: 08/19/2013 STEPHEN C. BAKER (See above for address) TERMINATED: 08/19/2013 Defendant FREEPEOPLE.COM, LLC TERMINATED: 08/19/2013 represented by ALFRED W. PUTNAM , JR. (See above for address) TERMINATED: 08/19/2013 BRADFORD P. BARRON (See above for address) TERMINATED: 08/19/2013 STEPHEN C. BAKER (See above for address) TERMINATED: 08/19/2013 ThirdParty Plaintiff URBAN OUTFITTERS WHOLESALE, INC. represented by BRADFORD P. BARRON (See above for address) ATTORNEY TO BE NOTICED STEPHEN C. BAKER (See above for address) ATTORNEY TO BE NOTICED ThirdParty Plaintiff FREEPEOPLE.COM,LLC represented by BRADFORD P. BARRON (See above for address) ATTORNEY TO BE NOTICED STEPHEN C. BAKER
https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?903471698514725-L_1_0-1 3/9

8/20/13

United States District Court Eastern District of Pennsylvania

(See above for address) ATTORNEY TO BE NOTICED ThirdParty Plaintiff ANTHROPOLOGIE, INC. represented by BRADFORD P. BARRON (See above for address) ATTORNEY TO BE NOTICED STEPHEN C. BAKER (See above for address) ATTORNEY TO BE NOTICED ThirdParty Plaintiff URBAN OUTFITTERS,INC. represented by BRADFORD P. BARRON (See above for address) ATTORNEY TO BE NOTICED STEPHEN C. BAKER (See above for address) ATTORNEY TO BE NOTICED ThirdParty Plaintiff FEEE PEOPLE OF PA, LLC represented by BRADFORD P. BARRON (See above for address) ATTORNEY TO BE NOTICED STEPHEN C. BAKER (See above for address) ATTORNEY TO BE NOTICED ThirdParty Plaintiff UO.COM, LLC represented by BRADFORD P. BARRON (See above for address) ATTORNEY TO BE NOTICED STEPHEN C. BAKER (See above for address) ATTORNEY TO BE NOTICED ThirdParty Plaintiff ANTHROPOLOGIE.COM, L.P represented by BRADFORD P. BARRON (See above for address) ATTORNEY TO BE NOTICED STEPHEN C. BAKER (See above for address) ATTORNEY TO BE NOTICED V.
https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?903471698514725-L_1_0-1 4/9

8/20/13

United States District Court Eastern District of Pennsylvania

ThirdParty Defendant ONEBEACON AMERICA INSURANCE COMPANY represented by ILAN ROSENBERG COZEN O'CONNOR 1900 MARKET ST PHILADELPHIA, PA 19103 215-665-4621 Fax: 215-701-2021 Email: irosenberg@cozen.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/12/2012

#

Docket Text

1 COMPLAINT against ANTHROPOLOGIE, INC., ANTHROPOLOGIE.COM, LP, FREE PEOPLE OF PA, LLC, FREEPEOPLE.COM, LLC, U.O.COM, LLC, URBAN OUTFITTERS WHOLESALE, INC., URBAN OUTFITTERS, INC. ( Filing fee $ 350 receipt number 066090.), filed by THE HANOVER INSURANCE COMPANY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D-1, # 5 Exhibit D-2, # 6 Exhibit D-3, # 7 Exhibit E, # 8 Civil Cover Sheet)(mima, ) (Entered: 07/13/2012) Summons Issued as to ANTHROPOLOGIE, INC., ANTHROPOLOGIE.COM, LP, FREE PEOPLE OF PA, LLC, FREEPEOPLE.COM, LLC, U.O.COM, LLC, URBAN OUTFITTERS WHOLESALE, INC., URBAN OUTFITTERS, INC.. Seven Forwarded To: Counsel on July 12, 2012 (mima, ) (Entered: 07/13/2012) 2 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by THE HANOVER INSURANCE COMPANY.(GALLOGLY, ANDREW) (Entered: 07/18/2012) 3 WAIVER OF SERVICE Returned Executed by ANTHROPOLOGIE, INC., URBAN OUTFITTERS, INC., ANTHROPOLOGIE.COM, LP, FREEPEOPLE.COM, LLC, FREE PEOPLE OF PA, LLC, U.O.COM, LLC, URBAN OUTFITTERS WHOLESALE, INC.. All Defendants. (GALLOGLY, ANDREW) (Entered: 08/27/2012) 4 NOTICE of Appearance by BRADFORD P. BARRON on behalf of ANTHROPOLOGIE, INC., ANTHROPOLOGIE.COM, LP, FREE PEOPLE OF PA, LLC, FREEPEOPLE.COM, LLC, U.O.COM, LLC, URBAN OUTFITTERS WHOLESALE, INC., URBAN OUTFITTERS, INC. with Certificate of Service(BARRON, BRADFORD) (Entered: 10/05/2012) 5 NOTICE of Appearance by STEPHEN C. BAKER on behalf of ANTHROPOLOGIE, INC., ANTHROPOLOGIE.COM, LP, FREE PEOPLE OF PA, LLC, FREEPEOPLE.COM, LLC, U.O.COM, LLC, URBAN OUTFITTERS WHOLESALE, INC., URBAN OUTFITTERS, INC. with Certificate of Service(BAKER, STEPHEN) (Entered: 10/05/2012) 6 Disclosure Statement Form pursuant to FRCP 7.1 including Urban Outfitters, Inc. with Certificate of Service by ANTHROPOLOGIE.COM, LP.(BARRON, BRADFORD) (Entered: 10/05/2012)
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https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?903471698514725-L_1_0-1

8/20/13

United States District Court Eastern District of Pennsylvania

10/05/2012

7 Disclosure Statement Form pursuant to FRCP 7.1 including Urban Outfitters, Inc. with Certificate of Service by ANTHROPOLOGIE, INC..(BARRON, BRADFORD) (Entered: 10/05/2012) 8 Disclosure Statement Form pursuant to FRCP 7.1 including Urban Outfitters, Inc. with Certificate of Service by FREE PEOPLE OF PA, LLC.(BARRON, BRADFORD) (Entered: 10/05/2012) 9 Disclosure Statement Form pursuant to FRCP 7.1 including Urban Outfitters, Inc. with Certificate of Service by FREEPEOPLE.COM, LLC.(BARRON, BRADFORD) (Entered: 10/05/2012) 10 Disclosure Statement Form pursuant to FRCP 7.1 including Urban Outfitters, Inc. with Certificate of Service by U.O.COM, LLC.(BARRON, BRADFORD) (Entered: 10/05/2012) 11 Disclosure Statement Form pursuant to FRCP 7.1 including Urban Outfitters, Inc. with Certificate of Service by URBAN OUTFITTERS WHOLESALE, INC.. (BARRON, BRADFORD) (Entered: 10/05/2012) 12 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by URBAN OUTFITTERS, INC..(BARRON, BRADFORD) (Entered: 10/05/2012) 13 NOTICE of Appearance by ALFRED W. PUTNAM, JR on behalf of ANTHROPOLOGIE, INC., ANTHROPOLOGIE.COM, LP, FREE PEOPLE OF PA, LLC, FREEPEOPLE.COM, LLC, U.O.COM, LLC, URBAN OUTFITTERS WHOLESALE, INC., URBAN OUTFITTERS, INC. with Certificate of Service(PUTNAM, ALFRED) (Entered: 10/08/2012) 14 ANSWER to 1 Complaint, by ANTHROPOLOGIE, INC., ANTHROPOLOGIE.COM, LP, FREE PEOPLE OF PA, LLC, FREEPEOPLE.COM, LLC, U.O.COM, LLC, URBAN OUTFITTERS WHOLESALE, INC., URBAN OUTFITTERS, INC. with Affirmative Defenses, Certificate of Service. (PUTNAM, ALFRED) Modified on 10/9/2012 (nd, ). (Entered: 10/08/2012) 15 STIPULATION AND ORDER THAT DEFENDANTS SHALL HAVE UP TO AN INCLUDING 10/8/12 TO ANSWER, MOVE OR OTHERWISE RESPOND TO PLAINTIFFS COMPLAINT FOR DECLARATORY JUDGMENT AS OUTLINED HEREIN.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 10/9/12. 10/9/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 10/09/2012) 16 THIRD PARTY COMPLAINT against ONEBEACON AMERICA INSURANCE COMPANY filed by URBAN OUTFITTERS WHOLESALE, INC., FREEPEOPLE.COM,LLC, ANTHROPOLOGIE, INC., URBAN OUTFITTERS,INC., FEEE PEOPLE OF PA, LLC, UO.COM, LLC, ANTHROPOLOGIE.COM, L.P., EXHIBITS (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(rf, ) (Entered: 10/09/2012) 1 Third Party Summons Issued as to ONEBEACON AMERICA INSURANCE COMPANY forwarded to Defendant/Third Party Plaintiffs Counsel on 10/9/12. (rf, )
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10/09/2012

https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?903471698514725-L_1_0-1

8/20/13

United States District Court Eastern District of Pennsylvania

(Entered: 10/09/2012) 10/26/2012 18 SUMMONS Returned Executed by THE HANOVER INSURANCE COMPANY re: CORY JOHNSON, AFFIANT served Summons and Complaint upon ONEBEACON AMERICA INSURANCE COMPANY by PERSONAL. ONEBEACON AMERICA INSURANCE COMPANY served on 10/22/2012, answer due 11/13/2012. (ems) (Entered: 10/31/2012) 17 AMENDED ANSWER to Complaint 1 Complaint, with jury Demand by ANTHROPOLOGIE, INC., ANTHROPOLOGIE.COM, LP, FREE PEOPLE OF PA, LLC, FREEPEOPLE.COM, LLC, U.O.COM, LLC, URBAN OUTFITTERS WHOLESALE, INC., URBAN OUTFITTERS, INC.. (BAKER, STEPHEN) (Entered: 10/28/2012) 19 NOTICE of Appearance with Certificate of Service by ILAN ROSENBERG on behalf of ONEBEACON AMERICA INSURANCE COMPANY (ROSENBERG, ILAN) Modified on 11/5/2012 (lisad, ). (Entered: 11/02/2012) 20 Stipulation for Extension of Time to File Answer re 16 Third Party Complaint, filed by ONEBEACON AMERICA INSURANCE COMPANY. Certificate of Service. (ROSENBERG, ILAN) Modified on 11/15/2012 (ahf, ). (Entered: 11/14/2012) 21 STIPULATION AND ORDER THAT ONEBEACON HAS UNTIL 12/14/12 TO ANSWER OR OTHERWISE RESPOND TO URBAN OUTFITTERS THIRD PARTY COMPLAINT.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 11/15/12. 11/15/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 11/15/2012) 22 STIPULATION for Extension of Time to File Answer re 16 Third Party Complaint, filed by ONEBEACON AMERICA INSURANCE COMPANY.Certificate of Service.(ROSENBERG, ILAN) *FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE* Modified on 12/14/2012 (lisad, ). (Entered: 12/13/2012) 23 STIPULATION AND ORDER THAT TIME FOR ONEBEACON TO ANSWER OR OTHERWISE RESPOND TO THIRD PARTY COMPLAINT IS EXTENDED UNTIL 1/31/13.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 12/13/12. 12/14/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 12/14/2012) 24 ANSWER to 16 Third Party Complaint, and Affirmative Defenses by ONEBEACON AMERICA INSURANCE COMPANY.(ROSENBERG, ILAN) (Entered: 01/31/2013) 25 ORDER THAT THE PARTIES SHALL AGREE UPON A DISCOVERY SCHEDULE, INCLUDING THE FILING OF MOTIONS FOR SUMMARY JUDGMENT AND RESPONSES THERETO, AND SUBMIT SAME TO THE COURT ON OR BEFORE 2/15/13.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 2/1/13. 2/1/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 02/01/2013) 26 MOTION for Judgment on the Pleadings filed by THE HANOVER INSURANCE COMPANY.Brief and Certificate of Service. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) (GALLOGLY, ANDREW) (Entered: 02/11/2013)
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02/11/2013

https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?903471698514725-L_1_0-1

8/20/13

United States District Court Eastern District of Pennsylvania

02/15/2013 02/22/2013

27 Discovery Plan by All Parties.(BARRON, BRADFORD) (Entered: 02/15/2013) 28 ORDER THAT ALL RESPONSES TO THE MOTION FOR JUDGMENT ON THE PLEADINGS OF THE HANOVER INSURANCE COMPANY (DOC. NO. 26) SHALL BE FILED WITH THE COURT ON OR BEFORE 3/7/2013. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 2/22/2013. 2/22/2013 ENTERED AND COPIES E-MAILED. (aeg, ) (Entered: 02/22/2013) 29 RESPONSE in Opposition re 26 MOTION for Judgment on the Pleadings with Certificate of Service filed by ANTHROPOLOGIE, INC., ANTHROPOLOGIE.COM, LP, FREE PEOPLE OF PA, LLC, FREEPEOPLE.COM, LLC, U.O.COM, LLC, URBAN OUTFITTERS WHOLESALE, INC., URBAN OUTFITTERS, INC. Certificate of Service. (BAKER, STEPHEN) Modified on 3/8/2013 (ahf, ). (Entered: 03/07/2013) 30 RESPONSE in Opposition re 26 MOTION for Judgment on the Pleadings filed by ONEBEACON AMERICA INSURANCE COMPANY. Certificate of Service. (Attachments: # 1 Exhibit Navajo Nation's Amended Complaint, # 2 Exhibit Exhibits A-B to Navajo Nation's Amended Complaint, # 3 Exhibit Exhibits C-E to Navajo Nation's Amended Complaint, # 4 Certificate of Service)(ROSENBERG, ILAN) Modified on 3/8/2013 (ahf, ). (Entered: 03/07/2013) 31 PRAECIPE to Replace Incomplete Exhibit 1.3 (Exhibits C-E to Navajo Nation's Amended Complaint) by ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: # 1 Exhibit Exhibits C-E to Navajo Nation's Amended Complaint) (ROSENBERG, ILAN) Modified on 3/12/2013 (md). (Entered: 03/11/2013) 32 REPLY Brief in Further Support re 26 MOTION for Judgment on the Pleadings filed by THE HANOVER INSURANCE COMPANY. (GALLOGLY, ANDREW) Modified on 3/15/2013 (lisad, ). (Entered: 03/14/2013) 33 RESPONSE in Opposition re 26 MOTION for Judgment on the Pleadings Sur-Reply filed by ANTHROPOLOGIE, INC., ANTHROPOLOGIE.COM, LP, FREE PEOPLE OF PA, LLC, FREEPEOPLE.COM, LLC, U.O.COM, LLC, URBAN OUTFITTERS WHOLESALE, INC., URBAN OUTFITTERS, INC.. (BAKER, STEPHEN) (Entered: 03/21/2013) 34 ORDER THAT MOTION HEARING SET FOR 5/13/2013 10:00 AM AS OUTLINED HEREINSIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 5/7/13. 5/7/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 05/07/2013) 35 to Add Exhibit to Plaintiff's Motion for Judgment on the Pleadings by THE HANOVER INSURANCE COMPANY. (GALLOGLY, ANDREW) (Entered: 05/10/2013) 36 Minute Entry for proceedings held before HONORABLE THOMAS N. ONEILL, JR: Motion Hearing held on 5/12/13 re 26 MOTION for Judgment on the Pleadings filed by THE HANOVER INSURANCE COMPANY (rf, ) (Entered: 05/13/2013) 37 Praecipe to Attach Exhibits to Sur-Reply by ANTHROPOLOGIE, INC., ANTHROPOLOGIE.COM, LP, FREE PEOPLE OF PA, LLC, FREEPEOPLE.COM, LLC, U.O.COM, LLC, URBAN OUTFITTERS
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https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?903471698514725-L_1_0-1

8/20/13

United States District Court Eastern District of Pennsylvania

WHOLESALE, INC., URBAN OUTFITTERS, INC. Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(BAKER, STEPHEN) Modified on 5/15/2013 (lisad, ). (Entered: 05/14/2013) 05/14/2013 38 TRANSCRIPT of Motion Hearing held on 5/13/13, before Judge O'NEILL. Court Reporter/Transcriber C. ERVIN. 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 6/4/2013. Redacted Transcript Deadline set for 6/14/2013. Release of Transcript Restriction set for 8/12/2013. (rf, ) (Entered: 05/15/2013) 39 Notice of Filing of Official Transcript with Certificate of Service re 38 Transcript PDF, 5/14/13 Entered and Copies Emailed and Mailed.. (rf, ) (Entered: 05/16/2013) 40 Statement Rule 7.1 CORPORATE DISCLOSURE STATEMENT by ONEBEACON AMERICA INSURANCE COMPANY. (ROSENBERG, ILAN) (Entered: 06/12/2013) Disclosure Statement Form pursuant to FRCP 7.1 by ONEBEACON AMERICA INSURANCE COMPANY. (SEE PAPER #40 FOR PDF)(md) (Entered: 06/13/2013) 41 MEMORANDUM AND/OR OPINIONSIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 8/19/13. 8/19/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 08/19/2013) 42 MEMORANDUM AND ORDER THAT HANOVERS MOTION FOR JUDGMENT ON PLEADINGS IS GRANTED AS OUTLINED HEREIN. JUDGMENT IS ENTERED IN FAVOR OF THE HANOVER INSURANCE COMPANY AND AGAINST URBAN OUTFITTERS.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 8/19/13. 8/19/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 08/19/2013)

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PACER Service Center
Transaction Receipt
08/20/2013 15:55:37 PACER Login: cv1167 Description: Billable Pages: 8 Client Code: Cost: 0.80 Docket Report Search Criteria: 2:12-cv-03961-TON

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