12e.244, Case 7; Fleming v. Mason & Dixon Lines, Inc. (E.D.Tenn. (1) In General. This Matter, having come before the Court on Plaintiff's Motion for Extension of Time for Plaintiff to file its Reply Memorandum in response to the Defendant's Memorandum of Points and Authorities in Opposition to Plaintiff's Motion to Compel Compliance with Plaintiff's Discovery Requests and for an . A 14-day period corresponds to the most frequent result of a 10-day period under the former computation methodtwo Saturdays and two Sundays were excluded, giving 14 days in all. 26, 2009, eff. The Standing Committee changed Rule 6(a)(6) to exclude state holidays from the definition of legal holiday for purposes of computing backward-counted periods; conforming changes were made to the Committee Note. 192, s. c. 5 Fed.Rules Serv. Federal Court Answer Deadline (Generally) - CourtDeadlines.com No such deadline currently appears in the Federal Rules of Civil Procedure. (C.C.A.8th, 1940) 108 F.(2d) 302; Rossiter v. Vogel (C.C.A.2d, 1943) 134 F.(2d) 908, compare s. c. (C.C.A.2d, 1945) 148 F.(2d) 292; Karl Kiefer Machine Co. v. United States Bottlers Machinery Co. (C.C.A.7th, 1940) 113 F.(2d) 356; Chicago Metallic Mfg. The amendment eliminates the references to Rule 73, which is to be abrogated. 132. (D.Del. Rule 12(a)(3)(B) is added to complement the addition of Rule 4(i)(2)(B). 1. Find major attractions on the south side of the Isre River. (1942) 317 U.S. 686; Boro Hall Corp. v. General Motors Corp. (C.C.A.2d, 1942) 124 F.(2d) 822, cert. Aug. 1, 1987; Apr. Download Form . MOTION FOR EXTENSION OF TIME TO ANSWER OR RESPOND Defendant Atkinson Hunt moves to extend its time to answer or otherwise respond to the Complaint by forty-five (45) days from the date of this Motion, such answer or response to be due on or before August 11, 2006, and in support says as follows: For exceptions to the requirement of consolidation, see the last clause of subdivision (g), referring to new subdivision (h)(2). 1943) 7 Fed.Rules Serv. . 1950); Neset v. Christensen, 92 F.Supp. At the heart of the fertile land of Limagne and the pastures of the Massif Central, the Clermont-Auvergne-Rhne-Alpes Centre is one of the institute's historic sites, with cutting-edge research in key sectors of agriculture, environment and food: preventive human nutrition, cereals, product quality, territories, livestock farming, robotics applied to agriculture, tree functioning, etc. 12e.244, Case 9. 2. (1937) 283. July 1, 1963; Feb. 28, 1966, eff. 1943) 7 Fed.Rules Serv. It is to be noted that while the defenses specified in subdivision (h)(1) are subject to waiver as there provided, the more substantial defenses of failure to state a claim upon which relief can be granted, failure to join a party indispensable under Rule 19, and failure to state a legal defense to a claim (see Rule 12(b)(6), (7), (f)), as well as the defense of lack of jurisdiction over the subject matter (see Rule 12(b)(1)), are expressly preserved against waiver by amended subdivision (h)(2) and (3). (1937) 247; N.Y.R.C.P. 2. Note to Subdivision (h). 1, 9 Fed.Rules Serv. Fed. See, e.g., Rule 60(c)(1). Accordingly, the reference to the 20 day time limit has also been eliminated, since the purpose of this present provision is to state a time period where the motion for a bill is made for the purpose of preparing for trial. Notice, Consent, and Order of Reference Dispositive Motion to a United States Magistrate Judge (AO 85a) Category: Civil. An illustration is provided below in the discussion of subdivision (a)(5). A forward-looking time period requires something to be done within a period of time after an event. 640. The parties agree in writing to an extension of time, to the extent and as permitted by the court. den. 19, 1948; Jan. 21, 1963, eff. 1943) 7 Fed.Rules Service 59b.2, Case 4. Some courts have held that as the rule by its terms refers to statements in the complaint, extraneous matter on affidavits, depositions or otherwise, may not be introduced in support of the motion, or to resist it. 28, 2016, eff. Dec. 1, 2007; Mar. . (B) during the last hour for filing under Rule 6(a)(2), then the time for filing is extended to the same time on the first accessible day that is not a Saturday, Sunday, or legal holiday. Result of Presenting Matters Outside the Pleadings. 1st, 1944) 139 F.(2d) 946; Coca-Cola Co. v. Busch (E.D.Pa. RESPONSE in Opposition re 9 MOTION for Extension of Time to File Answer As to Rule 73(g), it is believed that the conflict in decisions should be resolved and not left to further litigation, and that the rule should be listed as one whose limitation may not be set aside under Rule 6(b). These are amplifications along lines common in state practices, of [former] Equity Rule 80 (Computation of TimeSundays and Holidays) and of the provisions for enlargement of time found in [former] Equity Rules 8 (Enforcement of Final Decrees) and 16 (Defendant to AnswerDefaultDecree Pro Confesso). 338; Commentary, Modes of Attacking Insufficient Defenses in the Answer (1939) 1 Fed.Rules Serv. Subdivision (a) governs the computation of any time period found in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. 1941) 38 F.Supp. 138 to read as follows: The district court shall not hold formal terms. Thus Rule 6(c) is rendered unnecessary, and it is rescinded. Compare [former] Equity Rules 12 (Issue of SubpoenaTime for Answer) and 31 (ReplyWhen RequiredWhen Cause at Issue); 4 Mont.Rev.Codes Ann. GAP Report. Many of those periods have been lengthened to compensate for the change. (2) Limitation on Further Motions. In a number of cases the effect of Rule 6(b) on the time limitations of these rules has been considered. Dec. 1, 2009; Apr. Under the current version of the Rule, parties bringing motions under rules with 10-day periods could have as few as 5 working days to prepare their motions. Periods previously expressed as less than 11 days will be shortened as a practical matter by the decision to count intermediate Saturdays, Sundays, and legal holidays in computing all periods. Former Rule 12(a)(4)(A) referred to an order that postpones disposition of a motion until the trial on the merits. Rule 12(a)(4) now refers to postponing disposition until trial. The new expression avoids the ambiguity that inheres in trial on the merits, which may become confusing when there is a separate trial of a single issue or another event different from a single all-encompassing trial. has demonstrated not only that the office of the bill of particulars is fast becoming obsolete . 643; Teiger v. Stephan Oderwald, Inc. (S.D.N.Y. (Deering, 1937) 433; 4 Nev.Comp.Laws (Hillyer, 1929) 8600. (1935) 9107, 9158; N.Y.C.P.A. Subdivision (g). Best Practices for Missing a Filing Deadline in Federal Court In addition, many local provisions address inaccessibility for purposes of electronic filing, see, e.g., D. Kan. Rule 5.4.11 (A Filing User whose filing is made untimely as the result of a technical failure may seek appropriate relief from the court.). 1948); Johnson v. Joseph Schlitz Brewing Co., 33 F.Supp. 26, 2009, eff. Prior to the advent of the Federal Rules of Civil Procedure, the general rule that a court loses jurisdiction to disturb its judgments, upon the expiration of the term at which they were entered, had long been the classic device which (together with the statutory limits on the time for appeal) gave finality to judgments. 1941) 4 Fed.Rules Serv. Aug. 1, 1985; Mar. To do this, submit an affidavit requesting an extension. New subdivision (a)(2) addresses the computation of time periods that are stated in hours. [ Subdivisions (b) and (c). ] 5269. Realty Corp. v. Hannegan (C.C.A.8th, 1943) 139 F.(2d) 583; Dioguardi v. Durning (C.C.A.2d, 1944) 139 F.(2d) 774; Package Closure Corp. v. Sealright Co., Inc. (C.C.A.2d, 1944) 141 F.(2d) 972; Tahir Erk v. Glenn L. Martin Co. (C.C.A.4th, 1941) 116 F.(2d) 865; Bell v. Preferred Life Assurance Society of Montgomery, Ala. (1943) 320 U.S. 238. See, e.g., 2 U.S.C. New subdivision (a)(5) defines the next day for purposes of subdivisions (a)(1)(C) and (a)(2)(C). Slusher v. Jones (E.D.Ky. 1958). The effect of invoking the day when the prescribed period would otherwise expire under Rule 6(a) can be illustrated by assuming that the thirtieth day of a thirty-day period is a Saturday. Dec. 1, 2005; Apr. P. 12 (a) (1).) P. L. 88139, 1, 77 Stat. The language of Rule 12 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. For forward-counted periods i.e., periods that are measured after an eventsubdivision (a)(6)(C) includes certain state holidays within the definition of legal holidays. with the time computation amendments to the Federal Rules of Bankruptcy Procedure, the local rule allows the Clerk to enter an order granting a 14-day extension of time to answer or respond to an adversary complaint. The Act, which amended Title 5, U.S.C., 6103(a), changes the day on which certain holidays are to be observed. It has also been suggested that this practice could be justified on the ground that the federal rules permit speaking motions. Unless the court sets a different time, serving a motion under this rule alters these periods as follows: (A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court's action; or. 12e.231, Case 19; McKinney Tool & Mfg. The defendant who returns the waiver is given additional time for answer in order to assure that it loses nothing by waiving service of process. Unless the court orders otherwise, if the clerk's office is inaccessible: (A) on the last day for filing under Rule 6(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday; or. See general discussion and cases cited in 1 Moore's Federal Practice (1938), Cum.Supplement 12.07, under Page 657; also, Holtzoff, New Federal Procedure and the Courts (1940) 3541. The sentence appended to subdivision (c) performs the same function and is grounded on the same reasons as the corresponding sentence added in subdivision (b). 30, 2007, eff. 12e.244, Case 10 (The courts have never favored that portion of the rules which undertook to justify a motion of this kind for the purpose of aiding counsel in preparing his case for trial.). These changes are intended to be stylistic only. Subdivision (g) has forbidden a defendant who makes a preanswer motion under this rule from making a further motion presenting any defense or objection which was available to him at the time he made the first motion and which he could have included, but did not in fact include therein. See Rule 25(a)(1), as amended, and the Advisory Committee's Note thereto. References in this subdivision to a bill of particulars have been deleted, and the motion provided for is confined to one for a more definite statement, to be obtained only in cases where the movant cannot reasonably be required to frame an answer or other responsive pleading to the pleading in question. A United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States behalf must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the officer or employee or service on the United States attorney, whichever is later. All other daysincluding intermediate Saturdays, Sundays, and legal holidaysare counted, with only one exception: If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday. 40. 296; Eastman Kodak Co. v. McAuley (S.D.N.Y. Despite its mountain location, Grenoble is a low-lying city. (1) Period Stated in Days or a Extended Unity. A court must not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b). Note to Subdivisions (b) and (d). Electronic service after business hours, or just before or during a weekend or holiday, may result in a practical reduction in the time available to respond. Co. v. Edward Katzinger Co. (C.C.A.7th, 1941) 123 F.(2d) 518; Louisiana Farmers Protective Union, Inc. v. Great Atlantic & Pacific Tea Co. of America, Inc. (C.C.A.8th, 1942) 131 F.(2d) 419; Publicity Bldg. Subdivision (a). That reading would mean that a party who is allowed a specified time to act after making service can extend the time by choosing one of the means of service specified in the rule, something that was never intended by the original rule or the amendment. See, e.g., Rule 14(a)(1). 6b.31, Case 2, F.R.D. Under former Rule 6(a), a period of 11 days or more was computed differently than a period of less than 11 days. 93. Washington's Birthday, Memorial Day and Veterans Day are to be observed on the third Monday in February, the last Monday in May and the fourth Monday in October, respectively, rather than, as heretofore, on February 22, May 30, and November 11, respectively. Select No for Attachments to Document.Click Next to continue. 230; Kellogg Co. v. National Biscuit Co. (D.N.J. Co. (S.D.N.Y. 275; Braden v. Callaway (E.D.Tenn. Consistent with Rule 4(d)(3), a defendant that timely waives service is allowed 60 days from the date the request was mailed in which to respond to the complaint, with an additional 30 days afforded if the request was sent out of the country. (1937) 263; N.Y.R.C.P. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. Rule 12(b)(6), permitting a motion to dismiss for failure of the complaint to state a claim on which relief can be granted, is substantially the same as the old demurrer for failure of a pleading to state a cause of action. 12e.231, Case 4, 2 F.R.D. Note to Subdivision (d). Seeking Time Extensions in Litigation - lexisnexis.com Note to Subdivision (a). 1 (18); also 5 U.S.C. Log into CM/ECF. The times set in the former rule at 1 or 5 days have been revised to 7 or 14 days. (C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday. See Rule 6(b). Rule 12(e) as originally drawn has been the subject of more judicial rulings than any other part of the rules, and has been much criticized by commentators, judges and members of the bar. The day of the event that triggers the deadline is not counted. Time for Filing Notices of Appeal in Federal Court Can Be - Taft 820. Three days are then addedWednesday, Thursday, and Friday as the third and final day to act. Subdivision (a) is divided into paragraphs for greater clarity, and paragraph (1)(B) is added to reflect amendments to Rule 4. (7) failure to join a party under Rule 19. PDF THE STATE OF NEW HAMPSHIRE JUDICIAL BRANCH - courts.nh.gov (As amended Dec. 27, 1946, eff. 1943) 7 Fed.Rules Service 59b.2, Case 4; Peterson v. Chicago Great Western Ry. The words or to prepare for trialeliminated by the proposed amendmenthave sometimes been seized upon as grounds for compulsory statement in the opposing pleading of all the details which the movant would have to meet at the trial. (6) Legal Holiday Defined. 1. 1945) 4 F.R.D. It also applies to time periods that are stated in weeks, months, or years. 26, 1999, eff. See Note to Rule 1, supra. [A]fter being served is substituted for after service to dispel any possible misreading. The region now has a handful of airports taking international flights. PDF FTC Motion for Extension of TIme to File an Amended Complaint Forms | District of New Jersey | United States District Court As to Rule 59(c), fixing the time for serving affidavits on motion for new trial, it is believed that the court should have authority under Rule 6(b) to enlarge the time, because, once the motion for new trial is made, the judgment no longer has finality, and the extension of time for affidavits thus does not of itself disturb finality. 467 (E.D.Wis. See Dysart v. Remington-Rand, Inc. (D.Conn. (Mason, 1927) 9246; N.Y.R.C.P. While there are several pragmatic options available to a defendant,29 requesting additional time to answer the remaining counts explicitly preserves the time many believe Rule 12(a)(4)(A) affords, and promotes judicial economy. Amended subdivision (g) is to the same effect. Subdivision (a)(2)(B) directs that every hour be counted. 248, approved on October 16, 1963, amended 28 U.S.C. Fed. (4) Last Day Defined. A party desiring an extension of time, a continuance, or a stay, must file a motion (a joint motion may be filed), in proper format, that: indicates that the movant has contacted opposing counsel, or the unrepresented party, and. Most of the 10-day periods were adjusted to meet the change in computation method by setting 14 days as the new period. 1941); Crum v. Graham, 32 F.R.D. PDF Case 6:15-cv-01517-TC Document 224 Filed 06/08/18 Page 1 of 5 Weather can still be a reason for inaccessibility of the clerk's office. Such statutes as U.S.C. And routes with connections may be . This and other statutes which provide 60 days for the United States or an officer or agency thereof to answer or otherwise defend are continued by this rule. But if a filing is required to be made within 10 days or within 72 hours, subdivision (a) describes how that deadline is computed. 6th, 1940) 109 F.(2d) 469 and in Burke v. Canfield (App.D.C. 1941) 38 F.Supp. The Birthday of Martin Luther King, Jr., which becomes a legal holiday effective in 1986, has been added to the list of legal holidays enumerated in the Rule. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion. Various minor alterations in language have been made to improve the statement of the rule. (Michie, 1928) 13 and former Law Rule 8 of the Rules of the Supreme Court of the District of Columbia (1924), superseded in 1929 by Law Rule 8, Rules of the District Court of the United States for the District of Columbia (1937). The purposes that underlie the requirement that service be made on the United States in an action that asserts individual liability of a United States officer or employee for acts occurring in connection with the performance of duties on behalf of the United States also require that the time to answer be extended to 60 days. Samara v. United States (C.C.A.2d, 1942) 129 F.(2d) 594, cert. The decisions were divided. If, however, the time period expires at a specific time (say, 2:17 p.m.) on a Saturday, Sunday, or legal holiday, then the deadline is extended to the same time (2:17 p.m.) on the next day that is not a Saturday, Sunday, or legal holiday. (ii) include it in a responsive pleading or in an amendment allowed by Rule 15(a)(1) as a matter of course. The undersigned states tha t this motion is made in good faith and not for the purpose of delay. Subdivision (f). Rules sett ing a time to act after making service include Rules 14(a)(1), 15(a)(1)(A), and 38(b)(1). 3. The defendant makes a motion for an extension of time to respond and the court grants it for "good cause" (FRCP 6(b)). The next day is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. Understanding the Federal Courts; FORMS. If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action. The amendment adds Columbus Day to the list of legal holidays to conform the subdivision to the Act of June 28, 1968, 82 Stat. 12e.244, Case 8 (. Forms | District of New Jersey | United States District Court Rule 6. Computing and Extending Time; Time for Motion Papers | Federal 5. (2) United States and Its Agencies, Officers, or Employees Sued in an Official Capacity. Dec. 1, 1993; Apr. See Note to Rule 73(a). Additional Time After Certain Kinds of Service. Co. (C.C.A.8th, 1945) 150 F.(2d) 997, aff'g 62 F.Supp. 440; United States v. Turner Milk Co. (N.D.Ill. (Mason, 1927) 9252; N.Y.C.P.A. 17, 2000, eff. The amendments thus carry forward the approach taken in Violette v. P.A. (2) Supporting Affidavit. 2255 . Motions, Notices of Hearing, and Affidavits. For both forward- and backward-counted periods, the rule thus protects those who may be unsure of the effect of state holidays. Subdivision (a)(2). to appear and answer, amend or supplement the answer as of course or to make any motion with relation to the summons or to the complaint in this action, be and the same hereby is extended to and including the 1st day of 12b.33, Case 2, 5 F.R.D. granted (1946) 66 S.Ct. RESPONSE in Opposition re 9 MOTION for Extension of Time to File Answer filed by Daniel E. Owens, Barbara S. Owens. Motion to Extend Time | United States Bankruptcy Court - District of Subdivision (d). If Monday is a legal holiday, the next day that is not a legal holiday is the third and final day to act. Notes of Advisory Committee on Rules1971 Amendment. The court may act: (2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading. The time-computation provisions of subdivision (a) apply only when a time period must be computed. Subdivision (a)(1)(B)'s directive to count every day is relevant only if the period is stated in days (not weeks, months or years). In the light of these changes the last sentence of the present subdivision, dealing with half holidays, is eliminated. (a) Computing Time. For provisions that the defendant may demur and answer at the same time, see Calif.Code Civ.Proc. 1. Select Adversary > Motions & Briefs. 19, 1948; Jan. 21, 1963, eff. Notes of Advisory Committee on Rules1983 Amendment. As to Rule 60(b) for relief from a judgment, it was held in Schram v. O'Connor (E.D.Mich. 1941). As the courts are already dealing with cases in this way, the effect of this amendment is really only to define the practice carefully and apply the requirements of the summary judgment rule in the disposition of the motion. In contrast, for backward-counted deadlines, not giving state holidays the treatment of federal holidays allows filing on the state holiday itself rather than the day before. A local rule may, for example, address the problems that might arise if a single district has clerk's offices in different time zones, or provide that papers filed in a drop box after the normal hours of the clerk's office are filed as of the day that is date-stamped on the papers by a device in the drop box. 12e.231, Case 1 (. And it has been urged from the bench that the phrase be stricken. (d) Result of Presenting Matters Outside the Pleadings. In consideration of the amendment, however, it should be noted that Rule 60(b) is also to be amended so as to lengthen the six-months period originally prescribed in that rule to one year. Responses due by 7/17/2006 (Yang, Michael) Download PDF Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Defendants' Motion for Summary Judgment pertains to all of Plaintiffs' claims and their standing to bring suit, and is a heavily fact-dependent inquiry. A parallel reason for allowing the 3 added days was that electronic service was authorized only with the consent of the person to be served. (Remington, 1932) p. 160, Rule VI (e). (i) Hearing Before Trial. 12e.231, Case 5, 3 F.R.D. The question to be met under Rule 6(b) is: how far should the desire to allow correction of judgments be allowed to postpone their finality? Enter the case number.Click Next to continue. On the other hand, in many cases the district courts have permitted the introduction of such material. Although electronic transmission seemed virtually instantaneous even then, electronic service was included in the modes of service that allow 3 added days to act after being served. The Committee believes that such practice, however, should be tied to the summary judgment rule. Those concerns have been substantially alleviated by advances in technology and in widespread skill in using electronic transmission. With respect to preparations for trial, the party is properly relegated to the various methods of examination and discovery provided in the rules for that purpose. If, however, you brought a motion in connection with the pleadings under Rules 12 (b)- (e), and the motion was denied or ruling was postponed until trial, you have fourteen (14) days to answer. Note to Subdivision (g). Former Rule 6(a) thus made computing deadlines unnecessarily complicated and led to counterintuitive results. 14; 1 Miss.Code Ann. Notes of Advisory Committee on Rules1966 Amendment, Subdivision (b)(7). 60b.31, Case 1. 11 (N.D.Ill. (B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim. 173 (D.Mont. If the following Monday is a legal holiday, under Rule 6(a) the period expires on Tuesday. Days, Inc., 427 F.3d 1015, 1016 (6th Cir. The Court GRANTS Defendant's motion for an extension of time (ECF No. 28 U.S.C. With regard to Rule 25(a) for substitution, it was held in Anderson v. Brady (E.D.Ky. Enter case number (in the format xx-xxxxx) and click Next. Also, a motion to amend the findings under Rule 52(b) has the same effect on the time for appeal. (1937) Rules 106112; English Rules Under the Judicature Act (The Annual Practice, 1937) O. PDF Initial Stages of Federal Litigation: Overview - Gibson Dunn When determining the last day of a filing period stated in days or a longer unit of time, a day on which the clerk's office is not accessible because of the weather or another reason is treated like a Saturday, Sunday, or legal holiday. In this connection reference is made to the established rule that if a motion for new trial is seasonably made, the mere making or pendency of the motion destroys the finality of the judgment, and even though the motion is ultimately denied, the full time for appeal starts anew from the date of denial. Select the filer.Click Next to continue. 23, 2001, eff. STEP 1 Click on Bankruptcy. See FRAP 4(a)(5)(A). Dec. 1, 2001; Apr. See also Rule XIII, Rules and Forms in Criminal Cases, 292 U.S. 661, 666 (1934). Subdivision (a)(1). 399, the failure to join an indispensable party was raised under Rule 12(c). Decisions of lower federal courts suggest that some of the rules containing time limits which may be set aside under Rule 6(b) are Rules 25, 50(b), 52(b), 60(b), and 73(g). Select Extend Time to File Adversary Documents, Motion to from the event list and click Next. Changes Made after Publication and Comment. 790 (N.D.Ill. (1) In General. Under new subdivision (a)(1), all deadlines stated in days (no matter the length) are computed in the same way. 25, r.r. Dec. 1, 2007; Mar. 1990) (holding that Bankruptcy Rule 9006(a) governs treatment of date-certain deadline set by court order).
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