Viola Coppola, et al v. Gregory Smith, et al

Filing 447

STIPULATION and ORDER Substituting Parties and Directing Clerk to Amend Caption, signed by Magistrate Judge Barbara A. McAuliffe on 11/9/16. Estate of Decatur Higgins, Deceased and Estate of Mabel Higgins, Deceased added as Defendants and Cross-Defendants. Jane Nash as Executor of the Estate of Decatur Higgins A/K/A the Estate of Mabel Elaine Higgins terminated. (Verduzco, M)

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LORI J. GUALCO (Bar No. 95232)
GUALCO LAW
400 Capitol Mall, Eleventh Floor
Sacramento, CA 95814
Tel: [phone]
Fax: [phone]

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Attorney for Defendant
RICHARD LASTER

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION
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GARY COPPOLA, an individual; GARY
COPPOLA, as SUCCESSOR TRUSTEE OF
THE VIOLA M. COPPOLA IRREVOCABLE
TRUST; and GARY COPPOLA, as TRUSTEE
OF THE ANTHONY M. COPPOLA TRUST,

Case No. 1:11-cv-01257-AWI-BAM
STIPULATION AND ORDER
SUBSTITUTING PARTIES AND
DIRECTING CLERK TO AMEND
CAPTION

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Plaintiffs,
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v.
PARAGON CLEANERS, INC. (formerly sued
as GREGORY SMITH, an individual);
RICHARD LASTER, an individual; THE
JANE HIGGINS NASH TRUST; JANE NASH
AS EXECUTOR OF THE ESTATE OF
DECATUR HIGGINS A/K/A THE ESTATE
OF MABEL ELAINE HIGGINS; HARLEY
MILLER, an individual; CHERYL MILLER,
an individual; MARTIN AND MARTIN
PROPERTIES; CALIFORNIA WATER
SERVICE COMPANY; the CITY OF
VISALIA; NASH PROPERTIES LLC
[DOE # 1], DAVID H. NASH, as the successor
co-trustee of the WILLIAM P. NASH AND
JANE H. NASH REVOCABLE TRUST
[DOE # 2], RICHARD P. NASH, as the
successor co-trustee of the WILLIAM P.
NASH and JANE H. NASH REVOCABLE
TRUST [DOE # 3], VISALIA UNIFIED
SCHOOL DISTRICT; and DOES 4-20,
inclusive;
Defendants.

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AND RELATED COUNTER AND CROSS
CLAIMS

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814

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STIPULATION & ORDER SUBSTITUTING PARTIES

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The following parties: Plaintiffs GARY COPPOLA, an individual; GARY COPPOLA, as

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SUCCESSOR TRUSTEE OF THE VIOLA M. COPPOLA IRREVOCABLE TRUST; and

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GARY COPPOLA, as TRUSTEE OF THE ANTHONY M. COPPOLA TRUST (hereinafter

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collectively “COPPOLA”); Defendants, Cross-Complainants, and Counter-Claimants RICHARD

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LASTER (hereinafter “LASTER”) and PARAGON CLEANERS, INC.; and Defendants and

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Cross-Defendants THE JANE HIGGINS NASH TRUST, JANE NASH AS EXECUTOR OF

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THE ESTATE OF DECATUR HIGGINS A/K/A THE ESTATE OF MABEL ELAINE

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HIGGINS, NASH PROPERTIES LLC [DOE #1], DAVID H. NASH, as the successor co-trustee

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of the JANE NASH TRUST, a trust created under the terms of the Last Will and Testament of

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Mabel Elaine Higgins, formerly known as the Mabel Elaine Higgins Testamentary Trust and

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commonly known as the Jane Higgins Nash Trust [DOE #2], and RICHARD P. NASH, as the

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successor co-trustee of the JANE NASH TRUST, a trust created under the terms of the Last Will

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and Testament of Mabel Elaine Higgins, formerly known as the Mabel Elaine Higgins

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Testamentary Trust and commonly known as the Jane Higgins Nash Trust [DOE #3]; (hereinafter

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collectively “the NASH Parties”) hereby stipulate to substitute parties to correctly identify the

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names under which the NASH Parties are named in the following pleadings on file in this action:

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

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PLAINTIFF’S EIGHTH AMENDED COMPLAINT [and] DEMAND FOR JURY
TRIAL [Document 402];

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DEFENDANT RICHARD LASTER’S (1) ANSWER TO EIGHTH AMENDED

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COMPLAINT; (2) COUNTERCLAIMS AGAINST PLAINTIFFS; (3) CROSS-

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CLAIMS AGAINST OTHER DEFENDANTS; AND (4) DEMAND FOR JURY

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TRIAL [Document 408];

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DEFENDANT PARAGON CLEANERS, INC.’S (1) ANSWER TO EIGHTH

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AMENDED COMPLAINT; (2) COUNTERCLAIMS AGAINST PLAINTIFFS;

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(3) CROSS-CLAIMS AGAINST OTHER DEFENDANTS; AND (4) DEMAND

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FOR JURY TRIAL [Document 409]; and

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814



NASH PARTIES’ ANSWERS TO SEVENTH AMENDED COMPLAINT,
ANSWERS TO AMENDED CROSS-CLAIMS OF PARAGON CLEANERS,
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STIPULATION & ORDER SUBSTITUTING PARTIES

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INC. (SEVENTH AMENDED COMPLAINT), and ANSWERS TO AMENDED

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CROSS-CLAIMS OF RICHARD LASTER (SEVENTH AMENDED

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COMPLAINT) [Documents 342 through 350, inclusive].

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Whereas, COPPOLA, LASTER and PARAGON CLEANERS, INC. have named The

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Jane Higgins Nash Trust or Jane Nash as the Trustee of the Jane Higgins Nash Trust as a

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Defendant and Cross-Defendant in their respective Complaints and Cross-Claims; and whereas

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through recent communications with counsel for the NASH Parties, it has been brought to all

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parties’ attention that this Defendant and Cross-Defendant should be substituted for the named

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Defendants and Cross-Defendants, as more particularly shown in the chart in numbers 4 and 5

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below; and

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Whereas, COPPOLA, LASTER and PARAGON CLEANERS, INC. have named Jane

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Nash As Executor Of The Estate Of Decatur Higgins A/K/A The Estate Of Mabel Elaine Higgins

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as a Defendant and Cross-Defendant1; and whereas, through recent communications with counsel

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for the NASH Parties, it has been brought to all parties’ attention that Jane Nash died during the

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pendency of this action and that this Defendant and Cross-Defendant should be named as two

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separate estates, as more particularly shown in the chart in number 2 below; and

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Whereas, the parties to this stipulation have agreed to correct the identification of the

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NASH Parties as Defendants and Cross-Defendants in the Complaint and Cross-Claims

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referenced above, so that they are named in their correct capacities in advance of trial. This will

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promote judicial economy and will not cause prejudice to any party;

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Now, therefore, the parties to this stipulation agree to the following substitution of

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parties:

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///

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///

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814

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COPPOLA’s operative complaint also names Decatur Higgins, as an individual, deceased; Mabel Elaine
Higgins, as an individual, deceased – see ¶ 10, as granted in their motion for leave to file a Seventh Amended
Complaint.

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STIPULATION & ORDER SUBSTITUTING PARTIES

As pled in in COPPOLA’S Eighth Amended
Complaint [Document 402] and LASTER’S and
PARAGON CLEANERS, INC.’s Eighth Amended
Cross-Claims [Documents 408 and 409 respectively]:

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Stipulated Substitution:

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1.

The Jane Higgins Nash Trust or Jane Nash as Trustee of
the Jane Higgins Nash Trust

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DAVID H. NASH, as the
successor co-trustee of the
JANE NASH TRUST, a trust
created under the terms of the
Last Will and Testament of
Mabel Elaine Higgins,
formerly known as the Mabel
Elaine Higgins Testamentary
Trust and commonly known as
the Jane Higgins Nash Trust
[DOE #2]
RICHARD P. NASH, as the
successor co-trustee of the
JANE NASH TRUST, a trust
created under the terms of the
Last Will and Testament of
Mabel Elaine Higgins,
formerly known as the Mabel
Elaine Higgins Testamentary
Trust and commonly known as
the Jane Higgins Nash Trust
[DOE #3]

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2.

Jane Nash As Executor Of The Estate Of Decatur
Higgins A/K/A The Estate Of Mabel Elaine Higgins

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Stipulation to substitute this
one party with two separate
parties as it is actually two
separate estates, as follows:
Estate of Decatur Higgins,
Deceased; and

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Estate of Mabel Elaine
Higgins, Deceased.

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3.

Nash Properties LLC [Doe #1]

No change

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4.

DAVID H. NASH, as the successor co-trustee of the
JANE NASH TRUST, a trust created under the terms of
the Last Will and Testament of Mabel Elaine Higgins,
formerly known as the Mabel Elaine Higgins
Testamentary Trust and commonly known as the Jane
Higgins Nash Trust [DOE #2]

No change

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814

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STIPULATION & ORDER SUBSTITUTING PARTIES

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5.

RICHARD P. NASH, as the successor co-trustee of the
JANE NASH TRUST, a trust created under the terms of
the Last Will and Testament of Mabel Elaine Higgins,
formerly known as the Mabel Elaine Higgins
Testamentary Trust and commonly known as the Jane
Higgins Nash Trust [DOE #3]

No change

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The successor Defendants and Cross-Defendants – Estate of Decatur Higgins, Deceased,

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and Estate of Mabel Elaine Higgins, Deceased – shall be added to the allegations and claims in

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the Complaint and Cross-Claims as if they were fully set forth therein against these successor

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Defendants and Cross-Defendants, and each of them. The answers on file by the NASH Parties

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will serve as the answer on behalf of each of the newly named successor Defendants and Cross-

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Defendants as if they were fully set forth by each of them, individually.

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Dated: November 4, 2016

GUALCO LAW

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By: /s/ Lori J. Gualco
LORI J. GUALCO
Attorney for RICHARD LASTER
and PARAGON CLEANERS, INC.

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Dated: November 4, 2016

GREBEN & ASSOCIATES

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By: /s/ Jan A. Greben as authorized 11/4/16
JAN A. GREBEN
Attorneys for GARY COPPOLA, an individual;
GARY COPPOLA, as SUCCESSOR
TRUSTEE OF THE VIOLA M. COPPOLA
IRREVOCABLE TRUST; and GARY
COPPOLA, as TRUSTEE OF THE
ANTHONY M. COPPOLA TRUST

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814

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STIPULATION & ORDER SUBSTITUTING PARTIES

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Dated: November 7, 2016

WILLIAMS, BRODERSEN & PRITCHETT LLP

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By: /s/ Steven R. Williams as authorized 11/7/16
STEVEN R. WILLIAMS
Attorneys for THE JANE HIGGINS NASH
TRUST; JANE NASH AS EXECUTOR OF
THE ESTATE OF DECATUR HIGGINS
A/K/A THE ESTATE OF MABEL ELAINE
HIGGINS; NASH PROPERTIES LLC
[DOE # 1]; DAVID H. NASH, as the successor
co-trustee of the WILLIAM P. NASH AND
JANE H. NASH REVOCABLE TRUST
[DOE # 2]; and RICHARD P. NASH, as the
successor co-trustee of the WILLIAM P. NASH
and JANE H. NASH REVOCABLE TRUST
[DOE # 3]

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ORDER
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Based on the agreement of the parties, the stipulation is GRANTED in full. The Court
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finds that the current parties referenced in the Complaint and Cross-Claims (Docs. 342 - 350,
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inclusive, and 402, 408, and 409) shall be substituted for the purposes of this action as follows:
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1.

Substitute DAVID H. NASH, as the successor co-trustee of the JANE NASH

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TRUST, a trust created under the terms of the Last Will and Testament of Mabel Elaine Higgins,
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formerly known as the Mabel Elaine Higgins Testamentary Trust and commonly known as the
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Jane Higgins Nash Trust [DOE #2];
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2.

Substitute RICHARD P. NASH, as the successor co-trustee of the JANE NASH

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TRUST, a trust created under the terms of the Last Will and Testament of Mabel Elaine Higgins,
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formerly known as the Mabel Elaine Higgins Testamentary Trust and commonly known as the
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Jane Higgins Nash Trust [DOE #3]; and
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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814

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STIPULATION & ORDER SUBSTITUTING PARTIES

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3.

Substitute Jane Nash As Executor Of The Estate Of Decatur Higgins A/K/A The

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Estate Of Mabel Elaine Higgins with (a) Estate of Decatur Higgins, Deceased, and (b) Estate of

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Mabel Elaine Higgins, Deceased, as Defendants and Cross-Defendants.

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4.

The Clerk of the Court is DIRECTED to AMEND the CAPTION to substitute

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Jane Nash As Executor Of The Estate Of Decatur Higgins A/K/A The Estate Of Mabel Elaine

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Higgins with:

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(a)

“Estate of Decatur Higgins, Deceased”; and

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(b)

“Estate of Mabel Elaine Higgins, Deceased” as Defendants and Cross-

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Defendants.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 9, 2016

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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STIPULATION & ORDER SUBSTITUTING PARTIES

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