P.C. Richard & Son Long Island Corporation et al v. Hitachi Ltd. et al
Filing
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PRETRIAL ORDER #1. Signed by Judge Samuel Conti on 4/4/12. (tdm, COURT STAFF) (Filed on 5/29/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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In Re: Cathode Ray Tube (CRT)
Antitrust Litigation
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This Document Relates to:
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ALL ACTIONS
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Case No. 07-5944 SC
MDL No. 1917
PRETRIAL ORDER NO. 1
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On April 4, 2008, the Court conducted a status conference in
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this multidistrict litigation (“MDL”) proceeding.
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considering the materials submitted by the parties at the
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conference and good cause appearing, the Court hereby establishes
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the following pretrial procedures.
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After
PRACTICE AND PROCEDURE ORDER UPON TRANSFER PURSUANT TO §
1407(a) (REVISED)
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1.
This order shall govern the practice and procedure in
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those actions transferred to this Court by the Judicial Panel on
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Multidistrict Litigation (MDL Panel) pursuant to its order of
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February 15, 2008, as well as all related actions originally filed
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in this Court or transferred or removed to this Court.
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shall also govern the practice and procedure in any tag-along
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actions transferred to this Court by the MDL Panel pursuant to
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Rule 7.4 of the Rules of Procedure of the MDL Panel subsequent to
This order
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the filing of the final transfer order by the Clerk of this Court
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and any related actions subsequently filed, transferred or removed
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to this Court.
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2.
The actions described in paragraph 1 of this Order are
consolidated for pretrial purposes.
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ESTABLISHMENT OF MASTER DOCKET AND FILE
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3.
The files of all direct purchaser actions and indirect
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purchaser actions shall be maintained in the master file, Case No.
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C-07-5944 SC MDL No. 1917.
Every pleading filed in direct
United States District Court
For the Northern District of California
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purchaser actions and indirect purchaser actions shall bear the
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above caption.
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applicable to all actions, the words “All Actions” shall appear
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immediately after the words “This Document Relates to:” in the
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caption above.
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applicable only to all direct purchaser actions, the words “All
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Direct Purchaser Actions” shall appear in the caption.
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pleading or paper is intended to be applicable only to all
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indirect purchaser actions, the words ”All Indirect Purchaser
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Actions” shall appear in the caption.
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4.
When a pleading or paper is intended to be
When a pleading or paper is intended to be
When a
All pleadings and submissions in these actions shall be
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e-filed both in the master docket and in the individual case
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docket(s) of any individual case(s) to which the submission
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pertains.
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identification “Case No. C-07-5944 SC MDL No. 1917,” and when such
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a submission relates to all of these actions, following “Case No.
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C-07-5944 SC MDL No. 1917," shall be the notation “ALL CASES.”
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a submission does not relate to all of these actions, the docket
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All submissions filed in these actions shall bear the
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If
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number of the individual action or actions assigned by the Clerk
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of the Court shall follow “Case No. C-07-5944 SC MDL No. 1917.”
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The chambers copy of each document e-filed in these cases must
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clearly indicate the docket number assigned by the electronic case
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filing system to each such document.
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APPEARANCES
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5.
Counsel who have not yet entered an appearance shall
and in the individual case docket(s) of any individual case(s).
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United States District Court
electronically file a Notice of Appearance in the master docket
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For the Northern District of California
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Counsel who appeared in a transferor court prior to their case
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being transferred to this Court need not enter an additional
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appearance before this Court.
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6.
Attorneys admitted to practice and in good standing in
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any United States District Court are admitted pro hac vice in this
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litigation.
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Judicial Panel on Multidistrict Litigation, association of local
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counsel is not required.
Pursuant to Rule 1.4 of the Rules of Procedure of the
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COMMUNICATIONS WITH THE COURT AND COUNSEL
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7.
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Unless otherwise ordered by the Court, all substantive
communications with the Court shall be e-filed.
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The Court recognizes that cooperation by and among
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plaintiffs’ counsel and by and among defendants’ counsel is
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essential for the orderly and expeditious resolution of this
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litigation.
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plaintiffs’ counsel and among and between defendants’ counsel
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shall not be deemed a waiver of the attorney-client privilege or
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the protection afforded attorney work-product.
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The communication of information among and between
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Nothing contained
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in this provision shall be construed to limit the rights of any
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party or counsel to assert the attorney-client privilege or
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attorney work-product doctrine.
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FILING AND SERVICE OF PAPERS AND PLEADINGS
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These cases are subject to Electronic Case Filing
that all documents in such a case be filed electronically.
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General Order, Section IV(A) provides that “[e]ach attorney of
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record is obligated to become an ECF User and be assigned a user
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United States District Court
(“ECF”), pursuant to General Order 45, Section VI, which requires
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For the Northern District of California
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ID and password for access to the system upon designation of the
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action as being subject to ECF.” If he or she has not already done
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so, counsel shall register forthwith as an ECF User and be issued
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an ECF User ID and password.
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on the Court’s website at
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https://ecf.cand.uscourts.gov/cand/index.html.
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be e-filed in the master file, Case No. C-07-5944 SC MDL No. 1917.
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10.
Forms and instructions can be found
All documents can
Papers that are filed electronically through the Court’s
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ECF system are deemed served on all parties as of the date of
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filing.
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Federal Rules of Civil Procedure unless otherwise agreed by the
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parties.
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All other service of papers shall be governed by the
Permission to file briefs in excess of the page limits
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set forth in Rule 7 of the Local Rules will not be routinely
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granted in these cases.
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will not be approved unless submitted at least five (5) court days
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before the first brief addressed in the stipulation is due.
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Stipulations allowing oversized briefs
All parties are to make best efforts to resolve
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scheduling and other procedural issues by conferring with opposing
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counsel in the case(s) before contacting the court.
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EVIDENCE PRESERVATION
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All parties and their counsel are reminded of their duty
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to preserve evidence that may be relevant to this action.
The
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duty extends to documents, data and tangible things in the
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possession, custody and control of the parties to this action, and
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any employees, agents, contractors, carriers, bailees, or other
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non-parties who possess materials reasonably anticipated to be
United States District Court
For the Northern District of California
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subject to discovery in this action.
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tangible things” shall be interpreted broadly to include writings,
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records, files, correspondence, reports, memoranda, calendars,
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diaries, minutes, electronic messages, voicemail, e-mail,
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telephone message records or logs, computer and network activity
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logs, hard drives, backup data, removable computer storage media
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such as tapes, discs and cards, printouts, document image files,
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Web pages, databases, spreadsheets, software, books, ledgers,
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journals, orders, invoices, bills, vouchers, check statements,
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worksheets, summaries, compilations, computations, charts,
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diagrams, graphic presentations, drawings, films, charts, digital
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or chemical process photographs, video, phonographic, tape or
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digital recordings or transcripts thereof, drafts, jottings and
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notes, studies or drafts of studies or other similar such
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material.
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such material, such as file inventories, file folders, indices,
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and metadata, is also included in this definition.
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parties reach an agreement on a preservation plan or the Court
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“Documents, data, and
Information that serves to identify, locate or link
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Until the
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orders otherwise, each party shall take reasonable steps to
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preserve all documents, data, and tangible things containing
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information potentially relevant to the subject matter of this
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litigation.
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efforts to identify and notify parties and non-parties of their
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duties, including employees of corporate or institutional parties,
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to the extent required by the Federal Rules of Civil Procedure.
In addition, counsel shall exercise all reasonable
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PROTECTIVE ORDER
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The parties shall meet and confer regarding a protective
United States District Court
For the Northern District of California
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order for this proceeding.
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Order appointing interim lead class counsel, the parties shall
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present a stipulated protective order, or in the event a
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stipulation cannot be reached, their respective proposals.
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DISCLOSURES
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Within 30 days of the entry of an
Within 30 days of the entry of this Order, the parties
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shall complete a Rule 26(f) conference and shall make initial
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disclosures within 14 days thereafter.
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ALTERNATIVE DISPUTE RESOLUTION
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Within 30 days of the entry of an Order appointing
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interim lead class counsel, the parties shall discuss the
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selection of an alternative dispute resolution process.
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FURTHER CASE MANAGEMENT CONFERENCE
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The Court shall conduct a Status Conference on July 11,
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2008 at 10:00 A.M.
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Case Management Statement ten (10) court days prior thereto.
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The parties shall electronically file a Joint
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APPLICABILITY OF ORDER
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This Order shall apply to all actions subsequently filed
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in, or transferred to, this district that are related to this MDL
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proceeding.
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to a subsequently filed or transferred case shall file a motion
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for relief supported by good cause within 30 days of the case
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being added to the master docket.
Any party objecting to the application of this Order
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DATED:
April 4, 2008
United States District Court
For the Northern District of California
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____________________________
UNITED STATES DISTRICT JUDGE
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