US District Court Civil Docket as of March 16, 2012 Retrieved from the court on March 20, 2012 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:11-cv-04665-PGG City of Brockton Retirement System v. Avon Products, Inc. et al Date Filed: 07/06/2011 Assigned to: Judge Paul G. Gardephe Jury Demand: Plaintiff Cause: 15:78m(a) Securities Exchange Act Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Lead Plaintiff LBBW Asset Management Investmentgesellschaft mbH represented by William Stephen Norton Motley Rice LLC (SC) 28 Bridgeside Boulevard P.O. Box 1792 Mount Pleasant, SC 29464 (843) 216-9195 Fax: (843) 216-9450 Email: bnorton@motleyrice.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregg Steven Levin Motley Rice LLC (SC) 28 Bridgeside Boulevard P.O. Box 1792 Mount Pleasant, SC 29464 (843)-216-9512 Fax: (843)-216-9440 Email: glevin@motleyrice.com PRO HAC VICE ATTORNEY TO BE NOTICED William H. Narwold Motley Rice LLC (CT) One Corporate Center 20 Church Street, 17th Floor Hartford, CT 06103 860-882-1676 Fax: 860-882-1682 Email: bnarwold@motleyrice.com ATTORNEY TO BE NOTICED Lead Plaintiff SGSS Deutschland Kapitalanlagegesellschaft mbH represented by William Stephen Norton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregg Steven Levin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED William H. Narwold (See above for address) ATTORNEY TO BE NOTICED Plaintiff City of Brockton Retirement System Individually and on behalf of all others similarly situated represented by Bryan Andrew Wood Berman DeValerio (MA) One Liberty Square, 8th Floor Boston, MA 02109 (617) 542-8300 Fax: (617) 542-1194 Email: bwood@bermandevalerio.com PRO HAC VICE ATTORNEY TO BE NOTICED Christopher Lometti Cohen Milstein Sellers & Toll P.L.L.C. 88 Pine Street 14th, Floor New York, NY 10005 (212) 838-7797 Fax: (212) 838-7745 Email: clometti@cohenmilstein.com ATTORNEY TO BE NOTICED Daniel Brett Rehns Cohen Milstein Sellers & Toll P.L.L.C. 88 Pine Street 14th, Floor New York, NY 10005 (212) 838-7797 Fax: (212) 838-7745 Email: drehns@cohenmilstein.com ATTORNEY TO BE NOTICED Jeffrey Craig Block Berman DeValerio (MA) One Liberty Square, 8th Floor Boston, MA 02109 (617) 542-8300 Fax: 617)-542-1194 Email: jeff@blockesq.com ATTORNEY TO BE NOTICED Justin N. Saif Berman DeValerio (MA) One Liberty Square, 8th Floor Boston, MA 02109 (617) 542-8300 Fax: (617) 542-1194 Email: jsaif@bermanesq.com PRO HAC VICE ATTORNEY TO BE NOTICED Kenneth Mark Rehns Cohen Milstein Sellers & Toll P.L.L.C. 88 Pine Street 14th, Floor New York, NY 10005 (212) 838-7797 Fax: (212) 838-7745 Email: krehns@cohenmilstein.com ATTORNEY TO BE NOTICED Steven Jeffrey Toll Cohen Milstein Sellers & Toll PLLC (DC) 1100 New York Avenue, N.W. Suite 500, West Tower Washington, DC 20005 (202) 408-4600 Fax: (202) 408-4699 Email: stoll@cohenmilstein.com PRO HAC VICE ATTORNEY TO BE NOTICED V. Movant Metropolitan Water Reclamation District Retirement Fund represented by James Abram Harrod , III Wolf Popper LLP 845 Third Avenue New York, NY 10022 212.759.4600 Fax: 212.486.2093 Email: jharrod@wolfpopper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Movant Louisiana Municipal Police Employees Retirement System represented by Bryan Andrew Wood (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Kenneth Mark Rehns (See above for address) ATTORNEY TO BE NOTICED V. Defendant Avon Products, Inc. represented by Peter C Hein Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York, NY 10019 212-403-1237 Fax: (212) 403-2000 Email: PCHein@wlrk.com LEAD ATTORNEY ATTORNEY TO BE NOTICED William Joseph Martin Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York, NY 10019 (212)-403-1000 Fax: (212)-403-2000 Email: wjmartin@wlrk.com ATTORNEY TO BE NOTICED Defendant Andrea Jung represented by Peter C Hein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Joseph Martin (See above for address) ATTORNEY TO BE NOTICED Defendant Charles W. Cramb represented by Peter C Hein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Joseph Martin (See above for address) ATTORNEY TO BE NOTICED Defendant Stephen Ibbotson represented by Peter C Hein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Joseph Martin (See above for address) ATTORNEY TO BE NOTICED Defendant Simon N.R. Harford represented by Peter C Hein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Joseph Martin (See above for address) ATTORNEY TO BE NOTICED Defendant Richard S. Foggio represented by Peter C Hein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Joseph Martin (See above for address) ATTORNEY TO BE NOTICED Defendant W. Don Cornwell represented by Peter C Hein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Joseph Martin (See above for address) ATTORNEY TO BE NOTICED Defendant Edward T. Fogarty represented by Peter C Hein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Joseph Martin (See above for address) ATTORNEY TO BE NOTICED Defendant Fred Hassan represented by Peter C Hein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Joseph Martin (See above for address) ATTORNEY TO BE NOTICED Defendant Maria Elena Lagomasino represented by Peter C Hein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Joseph Martin (See above for address) ATTORNEY TO BE NOTICED Defendant Ann S. Moore represented by Peter C Hein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Joseph Martin (See above for address) ATTORNEY TO BE NOTICED Defendant Paul S. Pressler represented by Peter C Hein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Joseph Martin (See above for address) ATTORNEY TO BE NOTICED Defendant Gary M. Rodkin represented by Peter C Hein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Joseph Martin (See above for address) ATTORNEY TO BE NOTICED Defendant Paula Stern represented by Peter C Hein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Joseph Martin (See above for address) ATTORNEY TO BE NOTICED Defendant Lawrence A. Weinbach represented by Peter C Hein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Joseph Martin (See above for address) ATTORNEY TO BE NOTICED Defendant V. Ann Hailey represented by Peter C Hein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Joseph Martin (See above for address) ATTORNEY TO BE NOTICED Date Filed # 07/06/2011 1 COMPLAINT against Avon Products, Inc., W. Don Cornwell, Charles W. Cramb, Edward T. Fogarty, Richard S. Foggio, V. Ann Hailey, Simon N.R. Harford, Fred Hassan, Stephen Ibbotson, Andrea Jung, Maria Elena Lagomasino, Ann S. Moore, Paul S. Pressler, Gary M. Rodkin, Paula Stern, Lawrence A. Weinbach. (Filing Fee $ 350.00, Receipt Number 1010826)Document filed by City of Brockton Retirement System.(mro) (Entered: 07/08/2011) 07/06/2011 SUMMONS ISSUED as to Avon Products, Inc., W. Don Cornwell, Charles W. Cramb, Edward T. Fogarty, Richard S. Foggio, V. Ann Hailey, Simon N.R. Harford, Fred Hassan, Stephen Ibbotson, Andrea Jung, Maria Elena Lagomasino, Ann S. Moore, Paul S. Pressler, Gary M. Rodkin, Paula Stern, Lawrence A. Weinbach. (mro) (Entered: 07/08/2011) 07/06/2011 CASE REFERRED TO Judge Richard M. Berman as possibly related to 10-cv-5560. (mro) (Entered: 07/08/2011) 07/06/2011 Case Designated ECF. (mro) (Entered: 07/08/2011) 07/13/2011 CASE DECLINED AS NOT RELATED. Case referred as related to 10-CV-5560 and declined by Judge Richard M. Berman and returned to wheel for assignment. (pgu) (Entered: 07/13/2011) 07/13/2011 2 NOTICE OF CASE ASSIGNMENT to Judge Paul G. Gardephe. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 07/13/2011) 07/13/2011 07/22/2011 Docket Text Magistrate Judge Frank Maas is so designated. (pgu) (Entered: 07/13/2011) 3 STIPULATION AND ORDER ADJOURNING THE TIME FOR DEFENDANTS TO ANSWER, MOVE OR DISMISS OR OTHERWISE RESPOND TO THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties, that plaintiff shall have until60 days after the entry of an order appointing lead plaintiff and approving lead counsel pursuant to 15 U.S.C. § 78u-4(a)(3) to file an amended complaint, and the time of all defendants to answer, move to dismiss or otherwise respond to the Complaint shall be extended to 60 days after the filing of such amended or consolidated complaint. Plaintiff shall have 60 days after defendants file any motion to dismiss or other response to file any response and defendants will have 45 days thereafter to file any reply. IT IS FURTHER ACKNOWLEDGED THAT, as 15 U.S.C. § 78u-4(b)(3)(B) provides, all discovery, including initial disclosures pursuant to Fed. R. Civ. P. 26(a), shall be stayed through the pendency of the motion to dismiss, unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. DEFENDANTS ACKNOWLEDGE, without waiver of any arguments or defenses, including defenses related to personal jurisdiction, receipt of a copy of the Complaint in this action as of the date the Court "so orders" and enters this Stipulation, and agree to save the cost of service of a summons and an additional copy of the Complaint in this lawsuit by not requiring service of judicial process in the manner provided for by Fed. R. Civ. P. 4. IT IS FURTHER STIPULATED AND AGREED THAT nothing herein shall be deemed to constitute a waiver of, and defendants do not waive and expressly preserve, all arguments and defenses in the above-captioned action, including defenses related to personal jurisdiction. (Signed by Judge Paul G. Gardephe on 7/21/2011) (tro) (Entered: 07/22/2011) 09/06/2011 4 MOTION to Appoint Metropolitan Water Reclamation District Retirement Fund to serve as lead plaintiff(s). Document filed by Metropolitan Water Reclamation District Retirement Fund.(Harrod, James) (Entered: 09/06/2011) 09/06/2011 5 MEMORANDUM OF LAW in Support re: 4 MOTION to Appoint Metropolitan Water Reclamation District Retirement Fund to serve as lead plaintiff(s).. Document filed by Metropolitan Water Reclamation District Retirement Fund. (Harrod, James) (Entered: 09/06/2011) 09/06/2011 6 DECLARATION of James A. Harrod in Support re: 4 MOTION to Appoint Metropolitan Water Reclamation District Retirement Fund to serve as lead plaintiff(s).. Document filed by Metropolitan Water Reclamation District Retirement Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Harrod, James) (Entered: 09/06/2011) 09/06/2011 7 MOTION to Appoint LBBW Asset Management Investmentgesellschaft mbH and SGSS Deutschland Kapitalanlagegesellschaft mbH to serve as lead plaintiff(s). Document filed by LBBW Asset Management Investmentgesellschaft mbH, SGSS Deutschland Kapitalanlagegesellschaft mbH.(Norton, William) (Entered: 09/06/2011) 09/06/2011 8 MEMORANDUM OF LAW in Support re: 7 MOTION to Appoint LBBW Asset Management Investmentgesellschaft mbH and SGSS Deutschland Kapitalanlagegesellschaft mbH to serve as lead plaintiff(s). MOTION to Appoint LBBW Asset Management Investmentgesellschaft mbH and SGSS Deutschland Kapitalanlagegesellschaft mbH to serve as lead plaintiff(s).. Document filed by LBBW Asset Management Investmentgesellschaft mbH, SGSS Deutschland Kapitalanlagegesellschaft mbH. (Norton, William) (Entered: 09/06/2011) 09/06/2011 9 DECLARATION of William S. Norton in Support re: 7 MOTION to Appoint LBBW Asset Management Investmentgesellschaft mbH and SGSS Deutschland Kapitalanlagegesellschaft mbH to serve as lead plaintiff(s). MOTION to Appoint LBBW Asset Management Investmentgesellschaft mbH and SGSS Deutschland Kapitalanlagegesellschaft mbH to serve as lead plaintiff(s).. Document filed by LBBW Asset Management Investmentgesellschaft mbH, SGSS Deutschland Kapitalanlagegesellschaft mbH. (Attachments: # 1 Exhibit 1 - LBBW and SGSS Certifications, # 2 Exhibit 2 - LBBW and SGSS Loss Charts, # 3 Exhibit 3 - Business Wire Notice, # 4 Exhibit 4 - Motley Rice Resume)(Norton, William) (Entered: 09/06/2011) 09/06/2011 10 CERTIFICATE OF SERVICE. Document filed by LBBW Asset Management Investmentgesellschaft mbH, SGSS Deutschland Kapitalanlagegesellschaft mbH. (Norton, William) (Entered: 09/06/2011) 09/06/2011 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by LBBW Asset Management Investmentgesellschaft mbH.(Norton, William) (Entered: 09/06/2011) 09/06/2011 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Societe Generale Group for SGSS Deutschland Kapitalanlagegesellschaft mbH. Document filed by SGSS Deutschland Kapitalanlagegesellschaft mbH.(Norton, William) (Entered: 09/06/2011) 09/06/2011 13 MOTION to Appoint City of Brockton Retirement System and Louisiana Municipal Police Employees' Retirement System to serve as lead plaintiff(s). Document filed by City of Brockton Retirement System, Louisiana Municipal Police Employees Retirement System.(Rehns, Kenneth) (Entered: 09/06/2011) 09/06/2011 14 MEMORANDUM OF LAW in Support re: 13 MOTION to Appoint City of Brockton Retirement System and Louisiana Municipal Police Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint City of Brockton Retirement System and Louisiana Municipal Police Employees' Retirement System to serve as lead plaintiff(s).. Document filed by City of Brockton Retirement System, Louisiana Municipal Police Employees Retirement System. (Rehns, Kenneth) (Entered: 09/06/2011) 09/06/2011 15 DECLARATION of Jeffrey C. Block in Support re: 13 MOTION to Appoint City of Brockton Retirement System and Louisiana Municipal Police Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint City of Brockton Retirement System and Louisiana Municipal Police Employees' Retirement System to serve as lead plaintiff(s).. Document filed by City of Brockton Retirement System, Louisiana Municipal Police Employees Retirement System. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Rehns, Kenneth) (Entered: 09/06/2011) 09/12/2011 16 NOTICE OF APPEARANCE by Peter C Hein on behalf of Avon Products, Inc., W. Don Cornwell, Charles W. Cramb, Edward T. Fogarty, Richard S. Foggio, V. Ann Hailey, Simon N.R. Harford, Fred Hassan, Stephen Ibbotson, Andrea Jung, Maria Elena Lagomasino, Ann S. Moore, Paul S. Pressler, Gary M. Rodkin, Paula Stern, Lawrence A. Weinbach (Hein, Peter) (Entered: 09/12/2011) 09/12/2011 17 NOTICE OF APPEARANCE by William Joseph Martin on behalf of Avon Products, Inc., W. Don Cornwell, Charles W. Cramb, Edward T. Fogarty, Richard S. Foggio, V. Ann Hailey, Simon N.R. Harford, Fred Hassan, Stephen Ibbotson, Andrea Jung, Maria Elena Lagomasino, Ann S. Moore, Paul S. Pressler, Gary M. Rodkin, Paula Stern, Lawrence A. Weinbach (Martin, William) (Entered: 09/12/2011) 09/12/2011 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Avon Products, Inc., W. Don Cornwell, Charles W. Cramb, Edward T. Fogarty, Richard S. Foggio, V. Ann Hailey, Simon N.R. Harford, Fred Hassan, Stephen Ibbotson, Andrea Jung, Maria Elena Lagomasino, Ann S. Moore, Paul S. Pressler, Gary M. Rodkin, Paula Stern, Lawrence A. Weinbach.(Hein, Peter) (Entered: 09/12/2011) 09/15/2011 19 RESPONSE to Motion re: 4 MOTION to Appoint Metropolitan Water Reclamation District Retirement Fund to serve as lead plaintiff(s)., 7 MOTION to Appoint LBBW Asset Management Investmentgesellschaft mbH and SGSS Deutschland Kapitalanlagegesellschaft mbH to serve as lead plaintiff(s). MOTION to Appoint LBBW Asset Management Investmentgesellschaft mbH and SGSS Deutschland Kapitalanlagegesellschaft mbH to serve as lead plaintiff(s)., 13 MOTION to Appoint City of Brockton Retirement System and Louisiana Municipal Police Employees' Retirement System to serve as lead plaintiff(s). MOTION to Appoint City of Brockton Retirement System and Louisiana Municipal Police Employees' Retirement System to serve as lead plaintiff(s). Memorandum in Response to Plaintiffs' Motions for Appointment as Lead Plaintiffs and Approval of Selection of Lead Counsel. Document filed by Avon Products, Inc., W. Don Cornwell, Charles W. Cramb, Edward T. Fogarty, Richard S. Foggio, V. Ann Hailey, Simon N.R. Harford, Fred Hassan, Stephen Ibbotson, Andrea Jung, Maria Elena Lagomasino, Ann S. Moore, Paul S. Pressler, Gary M. Rodkin, Paula Stern, Lawrence A. Weinbach. (Hein, Peter) (Entered: 09/15/2011) 09/15/2011 20 CERTIFICATE OF SERVICE. Document filed by Avon Products, Inc., W. Don Cornwell, Charles W. Cramb, Edward T. Fogarty, Richard S. Foggio, V. Ann Hailey, Simon N.R. Harford, Fred Hassan, Stephen Ibbotson, Andrea Jung, Maria Elena Lagomasino, Ann S. Moore, Paul S. Pressler, Gary M. Rodkin, Paula Stern, Lawrence A. Weinbach. (Martin, William) (Entered: 09/15/2011) 09/29/2011 21 STIPULATION AND ORDER APPOINTING LEAD PLAINTIFFS AND LEAD COUNSEL: terminating 4 Motion to Appoint ; granting 7 Motion to Appoint ; terminating 13 Motion to Appoint. NOW, THEREFORE, THE COURT ORDERS as follows: Pursuant to the Section 21D of the PSLRA the Court appoints movants LBBW and SGSS as Lead Plaintiffs, and counsel for LBBW and SGSS, Motley Rice LLC, as Lead Counsel. (Signed by Judge Paul G. Gardephe on 9/29/2011) (jfe) (Entered: 09/29/2011) 10/07/2011 22 NOTICE OF APPEARANCE by William H. Narwold on behalf of LBBW Asset Management Investmentgesellschaft mbH, SGSS Deutschland Kapitalanlagegesellschaft mbH (Narwold, William) (Entered: 10/07/2011) 10/13/2011 23 MOTION for Bryan A. Wood to Appear Pro Hac Vice. Document filed by City of Brockton Retirement System, Louisiana Municipal Police Employees Retirement System.(bwa) (Entered: 10/13/2011) 10/20/2011 24 STIPULATION AND ORDER MODIFYING PRIOR ORDER REGARDING SCHEDULING: IT IS HEREBY STIPULATED AND AGREED, that the schedule specified in the 7/22/11 Stipulation and Order is modified and as modified should be as follows: that plaintiffs shall have until 1/31/12 to file an amended and consolidated complaint, and defendants shall have 75 days thereafter to answer, move to dismiss or otherwise respond to such amended and consolidated complaint. Plaintiffs shall have 60 days thereafter to file any response, and defendants will have 45 days thereafter to file any reply. No answer, motion or other response will be required to the original complaint in this action. Except as thus modified, the terms of the 7/22/11 Stipulation and Order remain in effect. ( Amended Pleadings due by 1/31/2012.) (Signed by Judge Paul G. Gardephe on 10/19/2011) (jfe) (Entered: 10/20/2011) 10/20/2011 CASHIERS OFFICE REMARK on 23 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 10/12/2011, Receipt Number 1018888. (jd) (Entered: 10/20/2011) 10/24/2011 25 MOTION for Gregg S. Levin to Appear Pro Hac Vice. Document filed by LBBW Asset Management Investmentgesellschaft mbH, SGSS Deutschland Kapitalanlagegesellschaft mbH.(wb) (pgu). (Entered: 10/24/2011) 10/26/2011 CASHIERS OFFICE REMARK on 25 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 10/24/2011, Receipt Number 1019868. (jd) (Entered: 10/26/2011) 01/03/2012 26 STIPULATION AND ORDER MODIFYING PRIOR ORDER REGARDING SCHEDULING: that Lead Plaintiffs shall have until March 16, 2012 to file and serve an amended and consolidated complaint, and defendants shall have 90 days thereafter (or until June 14, 2012) to answer, move to dismiss or otherwise respond to such amended and consolidated complaint. Additional relief as set forth in this Stipulation and Order. (Signed by Judge Paul G. Gardephe on 1/3/2012) (pl) (Entered: 01/03/2012) 01/03/2012 Set/Reset Deadlines: Amended Pleadings due by 3/16/2012. (pl) (Entered: 01/03/2012) 03/07/2012 27 MOTION for JEFFREY C. BLOCK to Withdraw as Attorney. Document filed by City of Brockton Retirement System, Louisiana Municipal Police Employees Retirement System.(Wood, Bryan) (Entered: 03/07/2012) 03/16/2012 28 CERTIFICATE OF SERVICE. Document filed by LBBW Asset Management Investmentgesellschaft mbH, City of Brockton Retirement System, SGSS Deutschland Kapitalanlagegesellschaft mbH, Louisiana Municipal Police Employees Retirement System, Metropolitan Water Reclamation District Retirement Fund. (Harrod, James) (Entered: 03/16/2012) 03/16/2012 29 AMENDED COMPLAINT against Avon Products, Inc., Charles W. Cramb, Andrea Jung with JURY DEMAND. Document filed by City of Brockton Retirement System.(ft) (Entered: 03/19/2012) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. 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