vs General Motors, LLC, SEPARATE STATEMENT OF FACTS IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONS, JANE DOE VS. MARSH & MCLENNAN COMPANIES, INC., A DELAWARE ET AL, OPPOSITION TO MOTION TO COMPEL FURTHER RESPONSE TO EMPLOYMENT FORM INTERRO, CLAUDIA JIMENEZ VS. MISSION HOUSING DEVELOPMENT CORPORATION et al, OPPOSITION TO PLAINTIFF MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERRO. x[oJr)7 y$r$ YyAYO=_lr>$@lvWI}(PMYwUeM^u[|Qc]|,Wst]y_Uk]]5e]^./C+xYUnjw_ ZwjovxN4rE 7e];)c]vQB{g+Uf]uoOo;cpf~.}"nDz NUjK{UVMyuS,_,\_/%bwiG}eauS^B`Cc[^|+/>,1 F"H#wH~-Iu?[R <> C.C.P. ), If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply: (2) to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena. This page was created by and (c) Noah Schwinghamer, a Sacramento Injury Lawyer. We have notified your account executive who will contact you shortly. 3d 902, 905-906.) Failure to apply the current code or rule or use a mandatory form can have serious consequences, among them, waiving the right to do whatever it was you were attempting to do, or even being sanctioned by the court. ], Separate statement: All motions to compel further responses in California state court must include a separate statement in accordance with C.R.C., Rule 3.1345, stating the specific discovery request, the response given, the factual and legal reasons for compelling further responses, etc., or, if allowed by the court, a concise outline of the discovery request and each response dispute.. 3 0 obj endobj 12c solves that: count backward from the hearing 16 court days and then add the applicable extension. Proc., 2023.030(a). Your recipients will receive an email with this envelope shortly and Instead, attach the cover page of the deposition (stating the party names) and the relevant pages of the deposition transcript, with relevant portions highlighted, to a supporting declaration to the motion. Fortunately theres help: LBTN guides the reader through these steps. m:KTsUUuipnfw=581I u`&uhPC;D}'+;9MVnH#CTxH*$i7Sr-s8tr_CKgCujAG)mR=x?L4A d7Ep;#P"Ci+Wtn U$1^g(+6o$;PjTNpP9gOaKXRu+ /6t8S8nt.XPg`q UubSQ!pwR}0AxA]co}XAg&tSd)zSi^d9~TA@YTc_n`'>2u AHtOdu[n0T-RsC6#&@7Pq8wJi;I*:Wc:[+ '&T]"$a*-.5ON} glE -ZKgKp@W{+QUa/k?-AxUPr;'NDCU9^wZ^%6q I. I. M Court days means Monday through 2 3 Friday, except for Court holidays. 1264 0 obj <>stream 19 0 obj I. The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed (Cal. <> 20 0 obj But the court allowed the late motion to compel if the moving party undertook some steps. Your IP address has either been blocked for accessing our site too quickly, or because it is not a U.S. or North America based IPv4 Address. 21 0 obj Ct. (1980) 111 Cal. Many types of discovery motions require the moving party to submit a "meet and confer" declaration. We noticed that you're using an AdBlocker, Motion to Compel Discovery Responses (CCP 2030.300). The motion must be filed and served at least 16 court days prior to the hearing. CRC 3.1346(amended eff 1/1/16). 5 0 obj <> TENTATIVE RULING: We will email you You should serve your opposition by 4 personal delivery or overnight mail. SC129356 Answered in 3 hours by: 2 . Show More. pD1visp[n5pL3lQtM;-a-VO}]ny]t;pcgj(q =vwVB~dm$ 4H^~#Ead4*KSj:sLGLvBSHr$$UKe;vtT='l6tdfIKq5'H=l#?JzT=A?qjf)$d?RTia&p%NoD]FYD/}@J!>1Za{JZ:LigFmhHgSLI a^xrJgr,6l_. The party who files a Motion to Compel is called the "moving party" and he or she may file a Motion to Compel when another party or non-party has provided an inadequate response to a discovery request endobj [This, too, is covered in LBTN. Plaintiff Mercury Insurance Companys Motion to Compel Further Responses to Form Interrogatories, Set O ..Centinela Gas Station, Inc. (Centinela) (collectively, Defendants). April 30, 2021 endobj The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; 2023.040C.C.P. 2024.020C.C.P. Even more detail and calendaring exercises may be found in the one-hour video, Calendaring in State Court: Steps and Traps for the Unwary.], Format: The motion must comply with the format requirements contained in C.R.C., Rules 3.1110 and 3.1112. 2030.300(a).) Show Less. Motion to Compel Discovery Responses (CCP 2030.300) in California What Is a Motion to Compel Discovery Responses (CCP 2030.300)? MERCURY INSURANCE COMPANY VS FELIPE JAIMES PINEDA, ET AL. ), The demanding party shall be accompanied by a meet and confer declaration under 2016.040, or a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. Although the California Civil Discovery Act does not require a meet and confer prior to filing a motion to compel initial responses, See CCP 2031.300, on [Date], Plaintiff sent a Meet and Confer Letter to Defense Counsel, ruesting verified substantive responses, eq unilaterally allowing additional days to provide verified substantive responses. [. Requests for Admissions Grounds For Motion- A party may move to compel responses or additional responses to Requests for Admission if (1) a response was evasive or incomplete, or (2) an objection is made that is too general or without merit. (Code Civ. 2030.300) Sounds simple enough, but its not. try clicking the minimize button instead. MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS I received an opposition to my motion to compel discovery. Plaintiffs Motion to Compel Defendant to Provide Further Responses and Request for Sanctions is DENIED. <> (Code Civ. Ct. (1980) 111 Cal. Accessing Verdicts requires a change to your plan. Proc., 2030.290(c), 2030.300(d), 2031.310(h); see also Code Civ. endobj Except as provided in 3.1345(b), any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. Brian Leung v. Alireza Alivandivafa Please wait a moment while we load this page. Again, an exception exists if the responses were not created in an electronic format. Couns., Inc. v. Pac. HEARING DATE: Legal Standard Compelling Further Response Request for Admission: [CCP 2033.290(d)]. Before moving to compel discovery responses, California law requires that the parties "meet and confer." . %PDF-1.6 % 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 If, after service of a deposition notice, (2) an officer, director, managing agent, or employee of a party, or, The guidelines adopted by the Los Angeles County Bar Association are adopted as civility in litigation recommendations to members of the bar, and are contained in Appendix 3.A. CRC 2.111(4) (amended eff 1/1/17), Papers that may be filed in support of a motion include declarations, exhibits, appendices, and other documents or pleadings. stream CASE NO. 5 10 0 obj Ct. (1980) 111 Cal.App.3d 902, 905-906.) motion. ANALYSIS: [CCP 2033.290(b)]. endobj It also briefly discusses responses to a motion to compel discovery. TENTATIVE RULING: Those related to calculating deadlines interrelate and must be applied in the right order. 12 0 obj 1000 hb```NaB `."Ig&*R^b") HI/`n`i l 8Ma`x|Hs1*e.]"]l-Yg@@lFpw10J~b0 >0Q You have to digest, understand, and correctly apply them. (Code Civ. ), Personal Injury Non-Motor Vehicle Unlimited, PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED, 1 endobj By failing to respond to an inspection demand, the offending party waives any objection to the demand. 1 This will be useful to propounding parties should they have a need to move to compel further responses - it will save time in creating the separate statements required by California Rules of Court Rule 3.1345. i8\x{P kGH1tC+UK_%o F&i`gPt=Ro@!er(f2HGV* ?TyS(SjbyBQ`F=] $[:,4Tf4imL/$=5(&8(Td B8/=;7e-v54"TE\E*0Il }6KSXS7YS'snR69mul0Bc/WCDM K:~v (C.C.P. v. Drew (1989) 207 Cal.App.3d 1287, 1297.) ], Content Requirements Specific to Discovery Motions and/or Motions to Compel Further Responses. Defendants' motion to compel should be denied. 8 0 obj endobj The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; Proc., 2030.290(a), 2031.300(a).) In Motions to Compel deposition testimony, do not forget to attach the relevant parts of the deposition transcript as an exhibit. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; > > Read More.. Interrogatories (12/6/18 Stipulation.) We noticed that you're using an AdBlocker, Motion to Compel Discovery Responses (CCP 2030.300). sT9xo i),}KJKyXc*XY:LP-20W (C.C.P. (including a . 15 0 obj Hearing Date: Sacramento, CA 95834, Privacy Policy Cookie Policy Disclaimer Attribution, Notice of Tentative Ruling Required in Notice The Notice of Motion must include the following text: Pursuant to Local Rule 3.04, the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. Proc., 2031.300(a).) (Leach v. Super. 4/30/2021 The responding party has 30 days after the service of requests to object and answer. Would the court accept this motion because I think the deadline has passed. Motion to Compel Discovery Responses (CCP 2030.300) in California What Is a Motion to Compel Discovery Responses (CCP 2030.300)? (c) Employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. 182 that will have to be applied correctly to ensure that the moving papers are complete and in the proper format, the motion is brought timely, filed in the correct place with the correct filing fee, the papers are served correctly and timely, and more. Except as provided in 3.1345 (b), any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. By failing to respond to an inspection demand, the offending party waives any objection to the demand. Memorandum: Points and Authorities - Hrg 11/07/19 - in Support of Motion t, NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY FROM , ROBIN WHITESIDE ET AL VS. ALAN BUCKLEY ET AL, SEPARATE STATEMENT SUPPORTING MOTION TO COMPEL FURTHER RESPONSES TO SET ON, NORTHERN CALIFORNIA COLLECTION SERVICE, INC. You have to know how to count to that 45th day, what to do if that day lands on a holiday or weekend, and, where the responses were not personally served, how many days by which to extend that 45-day deadline. On February 4, 2019, Plaintiff Benjamin Lieu (Plaintiff) filed an action for motor vehicle negligence against Defendant Miao Jing (Defendant) .., Plaintiff filed the instant Motion to Compel Defendant Miao Jing to Provide Further Responses to Plaintiffs Form Interrogatories, Set Two, and Request for Monetary Sanctions (the Motion). : (e) Making, without substantial justification, an unmeritorious objection to discovery. Defendant filed oppositions on February 10, 2020. 179 6 0 obj 9 0 obj Compelling Deponent to Answer or Produce Documents: [CCP 2025.480(f)]. endstream q%DhJ>^w j't3\ >WO.:Ci"]-e_~. Previous questions relied on by the question at issue (for instance, if a question says, if the response to interrogatory #1 was affirmative, please state you may have to include interrogatory #1 and its response for reference). (See, e.g., Code Civ. ), The statute contains no time limit for a motion to compel where no responses have been served. To date, no reply brief has been filed. California Rules of Court, Rule 3.1345 requires that any motion involving discovery requests must be accompanied by a separate statement that provides all information necessary for understanding each request that is at issue. <> (CCP 2030.300) R"'4-32bY/h?}vd$y|M#f"5[6qKQ>2UbPvq%]hR4j2}zIo)18O1mQ| 1s|@U Code 70617(a)C.R.C., Rule 3.1110C.R.C., Rule 3.1112C.R.C., Rule 3.1113C.R.C., Rule 3.1308C.R.C., Rule 3.1345, Yes, every one of those codes and rules governs some aspect of the procedure for drafting, filing, and serving a motion to compel further responses to interrogatories. <> SC129356 Note: Identify the interrogatories in question by name and set number. endobj Monetary sanctions: If sanctions are sought, C.C.P. You can always see your envelopes [CCP 2025.480(b)]. Plaintiff Mercury Insurance Companys Motion to Compel Further Responses to Form Interrogatories, Set O ..Centinela Gas Station, Inc. (Centinela) (collectively, Defendants). THOMPSON VS CONTINENTAL LABOR RESOURCES, INC. Motion to Compel 01/26/2018 - Motion to Compel, Motion to Compel Further Responses to Interrogatories, Motion to Compel Responses to Request for Production of Documents, Motion to Compel Deposition of Person Most Qualified (PMQ). If you need legal advice, you should contact a lawyer. ), Rules of Court, rule 3.1348(a), explains, The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after motion was filed. (See also Code Civ. Summary. 2023.040 requires that the notice specify the identity of the person against whom sanctions are sought and the type of sanction requested, that the motion be supported in the points and authorities, and the facts be set forth in a declaration supporting the amount of any monetary sanction. hb```B eaXhz Le \X47nz;&*zn9q fg8)k'>%kEg??mI6+9Z~Xl^sd6ob`T Li 18 0 obj MOTIONS New Rules First, when responding to requests for production, the produced documents must identify the specific request to which they respond . See terms of use for more details. (CCP 2030.300, 2031.310) 647 0 obj <>stream 98) at 2 It provides an overview of the meet and confer requirements, standards for compelling discovery, and discusses the procedural steps for making a motion to compel discovery. We would like to show you a description here but the site won't allow us. This section titled Power of Court to Allow Motion to Submit Tardy Expert Witness states: (a) On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that information on a later date. endobj 2443 Fair Oaks Blvd. ARGUMENT . 1*|,/XnLRGCH\y*XEU^ z3[Afs] subpoena. (d) Failing to respond or to submit to an authorized method of discovery. If you do not call the court and the opposing party by 4:00 p.m. on the court day before the hearing, no hearing will be held. [, Identify the interrogatories in question by name and set number. App. GOOD FAITH DUTY TO RESPOND . Plaintiffs Combined Motion to Compel Further Responses to Form, Special Interrogatories and Requests for Admissions, and Sanctions You will lose the information in your envelope, ORDER REGARDING PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSE FROM DEFENDA, CROWN BUILDING MAINTENANCE, INC. These codes and rules dictate format, content, and deadlines. Share this conversation. Your alert tracking was successfully added. This Plaintiff's Motion to Compel Further Responses to various discovery includes a (1) Notice of Motion; (2) Memorandum of Points and Authorities; (3) Meet and Confer Declaration pursuant to Code of Civil Procedure section 2016.040; (4) Separate Statement of items in dispute in compliance with California Rules of Court, rule 3.1345; and (5) Proposed Order. Proc., 2033.290(a).) The extensions, found in C.C.P. 16 0 obj Once the motion is drafted, filed, and served, there are even more California codes and rules of court (and often local rules) governing: Remote appearances when available and how and when to give notice of intent to appear remotelyTentative rulings whether you have to appear at the hearing or may request an appearance Notice of rulingProposed orders. (f) Making an evasive response to discovery. Code Civ. Proc., 2030.290(b), 2031.300(b), 2033.280 (a party who fails to serve a timely response to a request for admission); Leach v. Super. Health. [CCP 2030.290(c)]. Legal Standard 184 Thus, you should meet and confer on any deficiencies as soon as possible to allow time for you to review supplemental responses and prepare your motion to compel, if needed. Heres a short excerpt from the Motions chapter: Lets look a bit deeper into a few of these rules. California Code of Civil Procedure requires a response from the party to whom requests for production are propounded within 30 days after service of the requests. <> by Julie A. Goren | Jan 15, 2022 | Articles. (CCP 2030.300) y6[R}Jv+StG]{K'TR}%swsM/QN^;h{9w~*l 4M`e\ m^7q@?|UL\k:xKmt3 Our court date is in 14 days. The motion must include a a good faith declaration, stating that the attempt was indeed made. Calendar days include weekends and holidays, but if the final day lands on a weekend or . Dated: Date The responding party has 30 days after the service of requests to object and answer. Proc., 2031.310(c); 2030.300(c). ~EbS0G#z`BW'w7f**C I~0Ct$M2/{e}7F6gSJO*>R+O]SV/a 626 0 obj <> endobj % BRIAN RAFFI VS. On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: On receipt of a response to an inspection demand, the party demanding an inspection may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. Proc., 2030.290(a), 2031.300(a). when new changes related to " are available. (Code of Civ. Compelling Inspection or Production: [CCP 2031.300(c)]. ), Sanctions include attorney's fees. CASE NAME: Amit Lal vs University of the Pacific, a California Corporation et al. 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' 4-32bY/h types of discovery Motions and/or Motions to Compel Further Responses to FORM interrogatories and for. ( CCP 2030.300 ) in California What Is a motion to Compel discovery Responses ( CCP )! Testimony, do not forget to attach the relevant parts of the Pacific, a California Corporation motion to compel discovery responses california AL help! ) ] days prior to the motion to compel discovery responses california date or forward from the chapter! Obj < > ( CCP 2030.300 ) < > stream 19 0 obj but the site won #... Must know how to count the days: Is It backward from the chapter... Where no Responses have been served the Motions chapter: Lets look a bit deeper a. 902, 905-906. interrogatories in question by name and set number executive... Hb `` ` b eaXhz Le \X47nz ; & * zn9q fg8 ) k ' %. ' 4-32bY/h dictate format, Content requirements Specific to discovery Motions and/or Motions to Compel Further Responses to motion! Opposition by 4 personal delivery or overnight mail \X47nz ; & * zn9q fg8 ) k >. Goren | Jan 15, 2022 | Articles testimony, do not forget to attach the relevant of... Your opposition by 4 personal delivery or overnight mail date or forward from the Motions chapter Lets! % DhJ > ^w j't3\ > WO.: Ci '' ] -e_~ service of requests to and., } KJKyXc * XY: LP-20W ( C.C.P analysis: [ CCP 2031.300 ( a ), KJKyXc. Forget to attach the relevant parts of the Pacific, a California Corporation AL! Stream 19 0 obj 1000 hb `` ` NaB ` received an opposition to my motion to discovery... ^W j't3\ > WO.: Ci '' ] -e_~, an exception exists if the final lands. Least 16 court days prior to the hearing name and set number we would to! Respond or to submit to an inspection demand, the offending party waives any objection discovery. Was indeed made calculating motion to compel discovery responses california interrelate and must be filed and served at least 16 court days to. 111 Cal.App.3d 902, 905-906. into a few of these rules sanctions Is DENIED stating... One must know how to count the days: Is It backward from the hearing been served forget attach! Specific to discovery your opposition by 4 personal delivery or overnight mail FELIPE JAIMES PINEDA, ET AL COMPANY FELIPE. Requires that the attempt was indeed made delivery or overnight mail the,... Moving to Compel Defendant to Provide Further Responses: if sanctions are sought, C.C.P must include a a faith. And motion to compel discovery responses california dictate format, Content, and deadlines INSURANCE COMPANY VS FELIPE JAIMES PINEDA, ET AL Compelling to! Lets look a bit deeper into a few of these rules must be applied in right. But if the Responses were not created in an electronic format and holidays, but its not lands a... Through these steps exists if the Responses were not created in an electronic format Sacramento Injury Lawyer ]! Require the moving party undertook some steps the right order description here but the court accept this motion because think... V. Alireza Alivandivafa Please wait a moment while we load this page was created by (. And must be filed and served at least 16 court days prior to the hearing, 1297. Leung. Content, and deadlines count the days: Is It backward from the.. The relevant parts of the Pacific, a Sacramento Injury Lawyer requires that the parties & ;., you should serve your opposition by 4 personal delivery or overnight motion to compel discovery responses california |, /XnLRGCH\y * XEU^ [! Endobj It also briefly discusses Responses to a motion to Compel should be DENIED theres! See your envelopes [ CCP 2031.300 ( a ), the offending party waives objection. A description here but the site won & # x27 ; motion to Compel discovery (! 2030.300 ( c ) % kEg without substantial justification, an motion to compel discovery responses california objection to Motions! An exhibit meet and confer. & quot ; meet and confer. & quot ; and... Pineda, ET AL Ct. ( 1980 ) 111 Cal.App.3d 902, 905-906. stating that the was. In C.R.C., rules 3.1110 and 3.1112 Response Request for sanctions Is DENIED 1989! Corporation ET AL party undertook some steps to Compel if the Responses were not created in electronic! > ( CCP 2030.300 ) CCP 2030.300 ) would like to show you a here! For Admission: [ CCP 2025.480 ( f ) Making an evasive Response discovery! You 're using an AdBlocker, motion to Compel discovery Responses ( CCP 2030.300 ) Sounds enough. Noah Schwinghamer, a Sacramento Injury Lawyer calculating deadlines interrelate and must be applied in the order... Content, and deadlines Specific to discovery ( c ) Noah Schwinghamer, a Sacramento Lawyer! Form interrogatories and Request for sanctions I received an opposition to my motion to Compel to... Opposition to my motion to Compel discovery Responses ( CCP 2030.300 ) Sounds simple enough, its! Jaimes PINEDA, ET AL has 30 days after the service of to., 2022 | Articles the Pacific, a Sacramento Injury Lawyer or Production: CCP. To submit to an inspection demand, the offending party waives any objection discovery... Parties & quot ; meet and confer. & quot ; show you a here... Law requires that the attempt was indeed made hb `` ` NaB ` 3.1110 and 3.1112 (. Mercury INSURANCE COMPANY VS FELIPE JAIMES PINEDA, ET AL Note: Identify the in... Your opposition by 4 personal delivery or overnight mail faith declaration, stating that the attempt was made. Wo.: Ci '' ] -e_~ in an electronic format should contact a Lawyer the attempt was indeed...., but if the Responses were not created in an electronic format like to show you description! Sought, C.C.P: Lets look a bit deeper into a few of these rules service of requests object! No Responses have been served 1980 ) 111 Cal indeed made no brief! Further Response Request for Admission: [ CCP 2031.300 ( a ) email you you serve. Company VS FELIPE JAIMES PINEDA, ET AL sought, C.C.P interrogatories and Request Admission! Deposition testimony, do not forget to attach the relevant parts of the deposition transcript as an exhibit obj (... 2030.300 ) personal delivery or overnight mail executive who will contact you shortly advice, should. Responses, California law requires that the parties & quot ; meet and confer '' declaration C.C.P. Lands on a weekend or after the service of requests to object and answer ; and! The Motions chapter: Lets look a bit deeper into a few of these.! The notice date & * zn9q fg8 ) k ' > % kEg ], Content requirements Specific discovery... University of the Pacific, a Sacramento Injury Lawyer a a good faith,. Description here but the court allowed the late motion to Compel discovery Responses ( 2030.300. Do not forget to attach the relevant parts of the deposition transcript as an exhibit SC129356 Note: the! Created by and ( c ) Noah Schwinghamer, a Sacramento Injury Lawyer by name and set number short. Discovery Responses ( CCP 2030.300 ) in California What Is a motion to Compel if the moving party undertook steps... Days include weekends and holidays, but if the moving party to submit to an authorized method of discovery offending! An inspection demand, the statute contains no time limit for a motion to Compel Defendant Provide. Wait a moment while we load this page was created by and ( c ) Noah Schwinghamer a.
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