Philadelphia Indemnity Insurance Company v. United States of America, et al

Filing 659

JUDGMENT by Judge Dale S. Fischer: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that a final judgment shall be had and entered in this action as to each defendant in the amounts stated in the Payment column of the Final Claim Payment Recommendation. Plaintiff is dismissed and discharged from this interpleader action and from any and all further liability by the deposit of the limits of liability of $3,000,000 of the Philadelphia Indemnity Insurance Company Accountants Professional Liability Insurance Policy. (See order for details). (MD JS-6, Case Terminated). (shb)

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1 2 JS 6 CC: Fiscal 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 PHILADELPHIA INDEMNITY INSURANCE COMPANY, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, v. LA PAYROLL, TOVMAS GRIGORYAN, DMITRI PAIU, GENE MOROZ, et al., Defendants. Case No. CV14-2747 DSF (ASx) JUDGMENT 1 2 The Court having approved the Final Claim Payment Recommendation submitted by Plaintiff Philadelphia Indemnity Insurance Company, 3 4 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that a 5 final judgment shall be had and entered in this action as to each defendant in the 6 amounts stated in the “Payment” column of the Final Claim Payment 7 8 9 10 11 Recommendation, which is attached as Exhibit A hereto. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Plaintiff is dismissed and discharged from this interpleader action and from any and all 12 further liability by the deposit of the limits of liability of $3,000,000 of the 13 Philadelphia Indemnity Insurance Company Accountants Professional Liability 14 15 Insurance Policy No. PHSD813456 (“Policy”) into the Registry of the Court and 16 by exhaustion of the Policy, and that all defendants named in the action, or their 17 beneficiaries or assignees, are enjoined from instituting or prosecuting any 18 19 20 21 22 23 proceeding in any court against Philadelphia in connection with the Policy. IT IS SO ORDERED. DATED: 9/22/15 ___________________________________ HONORABLE DALE S. FISCHER UNITED STATES DISTRICT JUDGE 24 25 26 27 28 1 EXHIBIT A Babak Elia Dardashti D.D.S. Inc. Barba Dental Corporation Beachwood Housing Partners, Ltd., A California Limited Partnership Beverly Hills Rejuvenation Center Inc. 8025 Sepquleda LLC Acqui Corp. Act One, Inc. Adalta Inc. All City Employees Benefits Service Association American Development Corporation Aristocrat Products Inc. Awfmex Inc. 1212 West dba Metro West Apartments 1770 East Colorado, Inc. Gene Moroz Claimant Defendant $0.00 $13,554.73 $4,126.53 $7,510.93 $15,660.95 $18,506.10 $4,127.14 $2,710.02 $9,638.83 $4,525.76 $2,710.02 $8,214.75 $8,517.81 $16,010.97 $28,138.72 $0.00 $26,437.21 $8,434.07 $19,781.61 $14,299.03 $2,349.57 $7,926.19 $4,645.95 $18,895.29 $873.88 $25,852.70 $223.38 $29,967.39 $1,248.55 $0.00 $498.90 $525.00 $315.35 $105.00 $814.42 $920.23 $1,442.18 $293.50 $0.00 $105.00 $2,887.95 $0.00 IRS 3rd Q Tax IRS 4th Q IRS 940 Tax Liability Tax Liability Liability 1 $0.00 $168.73 $5,960.85 $812.68 $527.41 $232.68 $819.63 $2,129.54 $1,335.03 $0.00 $740.30 $898.56 $2,133.28 $84.93 $8,788.60 $57,653.15 $475.07 $67,287.48 $18,794.88 $10,077.20 $5,990.40 $20,686.76 $41,619.79 $32,203.71 $6,769.60 $16,858.59 $26,740.52 $45,844.49 $1,562.71 $8,788.60 Total Tax Liability $31,924.93 $263.07 $37,259.86 $10,407.50 $5,580.16 $3,317.13 $11,455.11 $23,046.60 $17,832.52 $3,748.61 $9,335.30 $14,807.33 $25,385.99 $865.34 $4,866.61 Payment PHILADELPHIA INDEMNITY INS. CO. v. LA PAYROLL, ET AL. U.S.D.C. Action No. CV14-2747 DSF-ASx $0.00 $82.96 $6,836.31 $808.38 $581.54 $232.68 $896.07 $2,777.44 $1,572.74 $0.00 $681.17 $5,430.06 $3,421.87 $603.90 EDD 3rd Q Other State EDD 4th Q Tax Taxes (3rd Tax Liability Liability & 4th Qs) Defense Costs re Tamayo Produce Matter CLAIM INFORMATION AND PAYMENT RECOMMENDATION SPREADSHEET (PART 1) $4,494.55 $37,963.42 $31,453.19 $1,505.04 $39,273.98 $2,520.90 $26,442.28 $5,003.64 $3,721.90 $27,878.14 $2,520.90 $27,259.59 $3,162.04 $4,779.39 $14,439.93 Daniel Suklja individually and dba Postal Annex No. 102 DP Ales Inc. $5,257.32 $14,442.73 $46,730.96 $0.00 $39,237.95 $9,422.54 $5,393.46 $40,910.47 $33,417.84 $652.59 $1,680.80 $105.00 $2,646.25 $105.00 $0.00 $311.63 $5,009.42 $105.00 $105.00 $2,340.42 $118.58 IRS 3rd Q Tax IRS 4th Q IRS 940 Tax Liability Tax Liability Liability CCS Limited Liability Company dba Euro Pane Bakery Charles West individually and dba Go West and Go West Construction Centerpointe Church dba Centerpointe Ministries and The Lamb’s Fellowship Chase Paragon Associates Inc. Children In Motion LLC Cyberquest Computers Inc. Cann Consulting LLC C.A.R.E. Fertility Care Fertility Surgery Center Inc. Beverly Hills Rejuvenation Medical Associates Inc. Claimant Defendant 2 $367.68 $1,755.68 $0.00 $2,591.39 $377.14 $1,758.45 $392.66 $3,211.42 $0.00 $1,067.52 $7,797.06 $5,764.65 $11,694.88 $34,195.42 $8,270.68 $61,428.05 $5,901.10 $70,434.31 $6,325.49 $99,054.94 $12,056.08 $11,950.13 $95,722.52 $76,722.26 Total Tax Liability $6,475.94 $18,935.42 $4,579.82 $34,015.25 $3,267.68 $39,002.39 $3,502.69 $54,850.81 $6,675.95 $6,617.28 $53,005.51 $42,484.29 Payment PHILADELPHIA INDEMNITY INS. CO. v. LA PAYROLL, ET AL. U.S.D.C. Action No. CV14-2747 DSF-ASx $637.90 $1,876.28 $0.00 $2,488.54 $377.16 $1,523.74 $394.26 $4,865.19 $2,528.54 $889.60 $6,711.15 $5,968.00 EDD 3rd Q Other State EDD 4th Q Tax Taxes (3rd Tax Liability Liability & 4th Qs) Defense Costs re Tamayo Produce Matter CLAIM INFORMATION AND PAYMENT RECOMMENDATION SPREADSHEET (PART 1) $5,367.09 $25,284.43 $22,701.62 $2,104.53 $62,650.02 $2,361.39 $95,264.80 $1,373.75 $39,049.57 $7,263.85 Gerald Hart Stanley Swartz Irv dba Desert View Apartments Glassplax GLB Realcorp $833.12 $36,449.72 $8,750.21 $186,273.87 $9,512.74 $158,613.96 $13,298.52 $8,343.72 Fenton & Nelson LLP Fertilityties Francisco Gutierrez individually and dba Latinos United Learning Center Genessy Management And Development LLC $6,867.36 $4,796.28 $25,606.86 DPA Limited Co. Inc. El Cajon Investments Inc. (El Cajon Investments Inc. dba Relax Inn & Suites) Farmers Daughter Hotel Group $28,435.64 $213.19 $2,176.35 $631.68 $89.68 $621.38 $2,748.15 $210.00 $420.00 $735.41 $3,635.96 $3,660.08 IRS 3rd Q Tax IRS 4th Q IRS 940 Tax Liability Tax Liability Liability DPA Investments Inc. (DPA Investments Inc. dba Vagabond Inn Hotel Circle) Claimant Defendant 3 $280.60 $5,117.94 $760.68 $14,277.61 $185.68 $34,081.75 $3,100.87 $0.00 $358.77 $2,704.34 $2,566.86 $3,157.10 $87,714.90 $18,237.26 $172,282.11 $5,735.69 $426,090.67 $28,964.21 $15,631.08 $12,186.89 $60,772.25 $60,862.96 Total Tax Liability $1,748.22 $48,571.36 $10,098.72 $95,399.72 $3,176.09 $235,944.01 $16,038.68 $8,655.57 $6,748.38 $33,652.11 $33,702.34 Payment PHILADELPHIA INDEMNITY INS. CO. v. LA PAYROLL, ET AL. U.S.D.C. Action No. CV14-2747 DSF-ASx $456.44 $4,921.32 $830.84 $0.00 $462.71 $44,372.94 $2,842.08 $0.00 $929.34 $3,540.66 $3,498.76 EDD 3rd Q Other State EDD 4th Q Tax Taxes (3rd Tax Liability Liability & 4th Qs) Defense Costs re Tamayo Produce Matter CLAIM INFORMATION AND PAYMENT RECOMMENDATION SPREADSHEET (PART 1) Hollywood West Tenant Action Committee Holtz Construction Inc. Hundal Medical Corporation J O Armor Investments dba Riviera Apartments J. Won Corporation Jeff Lee & Associates Inc. Jesus Galindo individually and dba M&J Truck and Delivery Service Joseph & Galina Samuel dba Bel Air Guest Home Juan C. Anaya individually and dba Taqueria Los Anaya Jupiter Holdings LLC dba Apheta Family Office La Reina By Bhansali Inc. Logo Joe's Inc. Long Beach Affordable Housing Coalition Inc. Claimant Defendant $0.00 $4,062.00 $7,503.54 $0.00 $30,044.73 $7,357.89 $7,969.09 $0.00 $20,479.07 $15,489.06 $6,716.24 $24,042.86 $2,812.40 $4,739.00 $14,194.11 $2,469.48 $29,865.28 $4,190.73 $5,752.90 $8,379.02 $12,902.02 $15,489.06 $6,307.58 $18,171.00 $0.00 $420.00 $422.65 $315.00 $0.00 $905.01 $210.00 $0.00 $210.00 $105.00 $315.00 $0.00 IRS 3rd Q Tax IRS 4th Q IRS 940 Tax Liability Tax Liability Liability 4 $740.94 $1,927.35 $567.67 $2,407.81 $539.36 $381.28 $416.44 $1,511.31 $0.00 $3,954.95 $6,077.50 $342.35 $44,058.35 $35,697.14 $14,676.98 $39,474.32 $8,918.38 $15,008.28 $12,175.06 $5,210.76 $65,629.89 $28,321.70 $20,824.38 $3,717.77 Total Tax Liability $24,396.93 $19,766.98 $8,127.25 $21,858.56 $4,938.48 $8,310.70 $0.00 $6,741.83 $2,885.41 $36,341.98 $15,682.90 $11,531.32 $2,058.68 Payment PHILADELPHIA INDEMNITY INS. CO. v. LA PAYROLL, ET AL. U.S.D.C. Action No. CV14-2747 DSF-ASx $1,103.55 $2,371.67 $662.84 $3,370.42 $0.00 $0.00 $0.00 $1,229.97 $5,509.88 $2,564.10 $5,630.88 $563.02 EDD 3rd Q Other State EDD 4th Q Tax Taxes (3rd Tax Liability Liability & 4th Qs) Defense Costs re Tamayo Produce Matter CLAIM INFORMATION AND PAYMENT RECOMMENDATION SPREADSHEET (PART 1) $41,677.33 $43,586.68 $2,165.68 $36,656.17 $31,272.36 $1,933.90 $15,815.67 $23,161.14 Mission Bay Hospitality, Inc. (Mission Bay Hospitality Inc. dba Marina Inn & Suites) Natha Assoc. Inc. Penmar Management & Finance Incorporated Pica & Sullivan Architects Limited Pacific Coast Lodging Inc. (Pacific Coast Lodging Inc. dba Howard Johnson) Paradigm Treatment Centers Inc. $27,668.56 $0.00 $0.00 $0.00 $12,467.70 $10,672.08 $18,470.98 $57,403.60 $9,850.60 $33,180.81 $3,186.14 $12,072.20 $18,974.02 $10,364.22 $3,351.00 $36,006.58 $993.96 $751.27 $1,644.63 $1,466.82 $1,552.99 $2,580.19 $1,183.18 $105.00 $1,588.88 $451.75 $210.00 $1,077.45 IRS 3rd Q Tax IRS 4th Q IRS 940 Tax Liability Tax Liability Liability Los Anaya Inc. Los Angeles Strength And Conditioning LLC Madison Et Cie Inc. Mehran Company L.L.C. MGC Project Management Inc. Michael Okun Claimant Defendant 5 $6,265.47 $610.32 $1,170.32 $267.92 $1,916.06 $2,019.68 $5,953.63 $472.10 $0.00 $1,295.08 $15,269.72 $986.23 $7,084.25 $110,718.72 $23,075.43 $59,862.76 $20,839.38 $33,881.67 $46,735.03 $88,701.51 $4,676.68 $87,006.63 $30,409.82 $26,787.03 $15,778.90 Total Tax Liability $61,309.53 $12,777.82 $33,148.48 $11,539.63 $18,761.68 $25,879.12 $49,117.69 $2,589.67 $48,179.17 $16,839.17 $14,833.09 $8,737.43 Payment PHILADELPHIA INDEMNITY INS. CO. v. LA PAYROLL, ET AL. U.S.D.C. Action No. CV14-2747 DSF-ASx $10,049.11 $1,191.16 $5,396.02 $3,450.80 $2,524.75 $0.00 $6,705.66 $0.00 $0.00 $994.43 $11,307.31 $0.00 EDD 3rd Q Other State EDD 4th Q Tax Taxes (3rd Tax Liability Liability & 4th Qs) Defense Costs re Tamayo Produce Matter CLAIM INFORMATION AND PAYMENT RECOMMENDATION SPREADSHEET (PART 1) $13,151.02 $30,452.13 $127,687.73 $137,536.50 $28,899.49 $44,360.74 $15,518.54 $4,477.55 $6,666.93 $37,801.91 $22,769.89 $91,241.68 $0.00 $35,551.27 $0.00 $13,119.20 $6,733.91 Radiant Pictures Inc. RDG Woodwinds Inc. Renee Claire Inc. Rising Moon Enterprises Inc. Ron Ellis Racing Stable Rough Trade Gear Inc Santa Clara Investments Inc. (Santa Clara Investments Inc. dba Vagabond Inn) Sepulveda Rehabilitation Center LLC $65,086.96 $33,762.76 $0.00 $2,300.68 $40,933.25 $9,259.37 $1,633.23 $457.74 $1,540.96 $827.40 $3,558.06 $2,477.53 $840.00 $5,563.64 $420.00 $767.38 $2,487.25 $1,139.28 $484.95 IRS 3rd Q Tax IRS 4th Q IRS 940 Tax Liability Tax Liability Liability P.S. Patel Professional Dental Corp. Psych Me LLC Purity Salon LLC dba Salon Pure Point Loma Investments Inc. (Point Loma Investments Inc. dba Point Loma Inn & Suites) Claimant Defendant 6 $899.45 $1,273.69 $1,208.18 $4,783.71 $0.00 $4,005.11 $16,248.70 $8,050.87 $857.95 $0.00 $2,012.01 $101.81 $1,570.62 $12,568.65 $33,880.89 $47,426.13 $76,859.83 $140,014.03 $63,358.58 $269,411.86 $125,806.07 $23,554.54 $77,183.26 $12,410.66 $4,986.88 Total Tax Liability $6,959.78 $18,761.25 $26,261.81 $42,560.46 $77,531.55 $35,084.26 $149,184.48 $69,664.02 $13,043.12 $42,739.56 $6,872.30 $2,761.44 Payment PHILADELPHIA INDEMNITY INS. CO. v. LA PAYROLL, ET AL. U.S.D.C. Action No. CV14-2747 DSF-ASx $0.00 $2,428.50 $1,029.81 $4,067.30 $0.00 $5,291.45 $27,099.49 $14,446.33 $2,111.26 $0.00 $0.00 $466.21 EDD 3rd Q Other State EDD 4th Q Tax Taxes (3rd Tax Liability Liability & 4th Qs) Defense Costs re Tamayo Produce Matter CLAIM INFORMATION AND PAYMENT RECOMMENDATION SPREADSHEET (PART 1) Tamayo Produce Inc. Tart Restaurant Temecula Valley Sheet Metal, Inc. The Compliance Institute LLC The Fallbrook Group LLC The Hazeltine Group LLC The Long Beach Group LLC The Washington Group LLC Third Street Enterprises LLC Steven Driss Insurance Agency Inc. Steven Song Design Lab LLC Stover Seed Co. Strive Foundation Tabesh Corporation Shane Dinsdale individually and dba S D Painting Sheridan Chiropractic Inc. Smog Stop Shop Inc. Claimant Defendant $704.32 $9,122.75 $30,768.42 $4,127.21 $33,106.68 $0.00 $0.00 $116,752.83 $11,247.24 $7,326.11 $32,187.48 $47,156.38 $78,804.33 $52,633.53 $44,978.71 $37,556.49 $8,783.47 $29,304.90 $0.00 $4,509.21 $95,636.04 $17,372.80 $8,870.59 $1,772.03 $21,148.49 $3,556.42 $2,166.13 $30,651.93 $55,935.86 $72,335.26 $45,202.38 $41,424.91 $0.00 $4,649.36 $1,114.41 $2,781.14 $4,801.51 $6,649.14 $8,315.25 $840.00 $1,100.00 $2,670.42 $0.00 $219.38 $3,858.70 $0.00 $772.95 $454.02 $0.00 $539.65 $210.00 IRS 3rd Q Tax IRS 4th Q IRS 940 Tax Liability Tax Liability Liability 7 $403.48 $0.00 $4,180.15 $7,596.94 $6,205.37 $12,867.65 $3,166.96 $3,157.91 $0.00 $18,435.93 $1,652.83 $681.77 $0.00 $6,195.12 $549.23 $159.38 $16,360.19 $49,816.54 $101,405.90 $119,356.81 $175,558.61 $127,937.63 $67,106.37 $68,239.91 $0.00 $4,728.59 $249,767.35 $34,175.36 $19,014.49 $12,712.12 $63,551.22 $9,228.96 $3,279.83 Total Tax Liability $9,059.31 $27,585.48 $56,152.64 $66,092.80 $97,214.06 $70,844.35 $37,159.57 $37,787.26 $0.00 $2,618.42 $138,306.50 $18,924.31 $10,529.11 $7,039.23 $35,190.94 $5,110.46 $1,816.18 Payment PHILADELPHIA INDEMNITY INS. CO. v. LA PAYROLL, ET AL. U.S.D.C. Action No. CV14-2747 DSF-ASx $1,409.47 $9,478.91 $6,020.62 $7,274.82 $9,898.40 $11,137.74 $0.00 $0.00 $0.00 $15,083.85 $3,902.49 $1,363.07 $1,363.32 $5,439.19 $456.45 $40.00 EDD 3rd Q Other State EDD 4th Q Tax Taxes (3rd Tax Liability Liability & 4th Qs) Defense Costs re Tamayo Produce Matter CLAIM INFORMATION AND PAYMENT RECOMMENDATION SPREADSHEET (PART 1) $667.86 $24,437.48 $0.00 Kymaerica.Com LLC $3,701.32 $0.00 $4,685.85 $21,299.69 $5,314.99 $21,553.15 $10,780.56 $7,794.75 $4,785.83 $10,516.30 $8,155.05 $3,097.20 $4,404.76 $2,772.52 $21,476.31 $5,854.35 $8,672.38 $20,571.11 $27,081.90 $5,916.31 $7,998.39 $12,704.05 $667.86 $210.00 $0.00 $540.32 $422.50 $975.12 $469.29 $0.00 $1,453.23 $525.00 $186.93 $217.50 $1,892.31 $265.20 IRS 3rd Q Tax IRS 4th Q IRS 940 Tax Liability Tax Liability Liability Big Broadcasting Inc. Bilal Cuisine Inc. Chef Eric's Culinary Classroom LLC KillaMX MMA Consulting LLC Toro Stoneworks Inc. Total Billing & Consulting Services Inc. Travel Like A Rock Star Inc. Vincent Jose Avalos individually and dba Your City Termite & Pest Management West Coast Investments Inc. (West Coast Investments Inc. dba Pacific Inn & Suites) WSR Publishing Inc. With God All Things Are Possible Aastha Inc. dba California Pediatric Care Claimant Defendant 8 $1,119.14 $641.42 $39.80 $0.00 $720.85 $0.00 $2,241.64 $876.61 $990.53 $269.46 $0.00 $2,867.41 $43.65 $26,778.55 $6,060.08 $9,770.71 $12,193.16 $19,149.26 $8,856.46 $45,094.48 $25,460.44 $18,513.62 $7,124.29 $47,255.58 $44,545.67 $1,714.43 Total Tax Liability $14,828.39 $3,355.72 $5,410.45 $6,751.86 $10,603.74 $4,904.19 $24,970.68 $14,098.50 $10,251.76 $3,945.01 $26,167.37 $24,666.78 $949.35 Payment PHILADELPHIA INDEMNITY INS. CO. v. LA PAYROLL, ET AL. U.S.D.C. Action No. CV14-2747 DSF-ASx $1,011.93 $103.67 $0.00 $0.00 $782.52 $0.00 $0.00 $1,833.74 $1,048.29 $798.18 $4,990.66 $0.00 $69.86 EDD 3rd Q Other State EDD 4th Q Tax Taxes (3rd Tax Liability Liability & 4th Qs) Defense Costs re Tamayo Produce Matter CLAIM INFORMATION AND PAYMENT RECOMMENDATION SPREADSHEET (PART 1) Los Angeles Restoration & Design Inc. Nigel Sherry dba The Lead Pencil Design Studio New Building Stones Nu Building Blocks LLC Rhys Ellis LLC Sarah Dubowski dba Hollywood Janitorial Shiva J. Holding LLC dba Ramada Sea World Stanford Media Group Inc Surftides Beach Resort Inc Surftides Ki West Restaurant and Lounge Wilorna Enterprises LLC TOTAL Claimant Defendant $8,145.24 $7,159.22 $85,601.19 $0.00 $7,905.55 $5,336.75 $28,563.81 $21,540.59 $3,175.16 $1,482.29 $6,071.04 $98,283.33 $0.00 $10,476.73 $11,924.76 $39,613.53 $31,600.08 $65,015.10 $65,074.83 $2,153,248.74 $2,508,288.76 $4,156.30 $7,189.25 $8,626.56 $0.00 $0.00 $435.85 $0.00 $0.00 $390.16 $0.00 $423.02 $94.48 $1,307.54 9 $8,654.87 $30,449.15 $38,824.66 $10,826.95 $11,207.21 $0.00 $8,498.51 $104,979.88 $4,701.37 $5,554.00 $11,098.97 Payment $138,156.73 $76,503.09 $8,788.60 $5,417,692.13 $3,000,000.00 $54,988.04 $70,113.36 $19,552.36 $20,239.07 $0.00 $15,347.44 $189,582.89 $8,490.19 $10,029.96 $20,043.60 Total Tax Liability PHILADELPHIA INDEMNITY INS. CO. v. LA PAYROLL, ET AL. U.S.D.C. Action No. CV14-2747 DSF-ASx $0.00 $324,500.67 $0.00 $0.00 $1,391.15 $0.00 $0.00 $759.72 $0.00 $525.71 $1,263.94 $1,446.48 EDD 3rd Q Other State EDD 4th Q Tax Taxes (3rd Tax Liability Liability & 4th Qs) $8,066.80 $0.00 $137,598.87 $276,611.62 $1,847.37 $1,936.02 $463.85 $1,856.79 $0.00 $967.30 $5,698.37 $210.00 $0.00 $517.78 IRS 3rd Q Tax IRS 4th Q IRS 940 Tax Liability Tax Liability Liability Defense Costs re Tamayo Produce Matter CLAIM INFORMATION AND PAYMENT RECOMMENDATION SPREADSHEET (PART 1)

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