Plaintiffs also allege that Rosen made slanderous statements on radio and television shows, some of which were broadcast on the Internet and thus widely available. Her clinical interests include women's health, family practice, pediatrics, and gynecology. Thus, it appears that the inconvenience of litigating in this District substantially outweighs the inconvenience of litigating in the Middle District, and, therefore, this factor weighs in favor of transfer. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. See id. at 4, 30-45 (citing O.C.G.A. 1163, 1166 (S.D. No. at 1479). 9, pp. See Fed. CV 211-193, 2012 WL 3886094, at *1 (S.D. Id. Because "live testimony is preferred over other means of presenting evidence," the convenience of key witnesses "weighs most heavily on the Court in deciding on a motion to transfer venue." Spanx, Inc. v. Times Three Clothier, LLC, No. No. Plaintiffs are not required to select the venue with the most substantial nexus to the dispute; rather, they must simply choose a venue where a substantial part of the events occurred, even if a greater part of the events occurred elsewhere. Here, Plaintiffs' choice of forum is entitled to some weight, though minimal because the Southern District of Georgia is not the home forum of any party. Dkt. Board documents show that registered nurses provided through IU Health had a maximum pay of $57 an hour working 37.5 hours per week, while licensed practical nurses had a maximum pay of $33 an hour. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. 9, p. 9. RATINGS AND REVIEWS Erin. 1, 7, 16, 18; Dkt. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. Dkt. Id. 9, pp. Since then, Johnson's family and their attorneys have zeroed in on Brian and Branden Bell, ages 18 and 20, who are sons of FBI agent Rick Bell. at 19, 25-26, 28. See Buckley v. Robertson, No. 51-5-1, -4(a)(1)(2)). I also have novelty items, like a little box that says "electric bun warmer." You open it up, and there's a little ceramic bedpan with a phony electric cord attached to it. WA and specializes in Nurse Practitioner. They took my phone, iPod, computer, my roommate's . Further, the Complaint asserts that "the defamatory statements of Defendants have caused harm to Plaintiffs in this [D]istrict." Please call Ashley Melcher's office for more information. No. An autopsy conducted by the Georgia Bureau of Investigation agreed, citing asphyxiation as the cause of death. A-B (copies of the article and e-mail, respectively). LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). Johnson's family, however, insists there was foul play involved. We've grown significantly in recent years . CIV.A. at pp. 5 S 14th Ave Yakima , WA (509) 426-2378. 1391(b)(2). Previous commercial sales / clinical experience is desirable. Kravitz, 2012 WL 4321985, at *4 (citing DaimlerChrysler Corp., 2000 WL 822449, at *6); see, e.g., Santa's Best Craft, LLC v. Janning, No. 2d at 1356 (citing Gundle Lining Constr. Plaintiffs fail to demonstrate that this publicity has saturated the entire Middle District of Georgia to the point where any jury pool drawn therefrom would necessarily have such fixed opinions so as to preclude jury impartiality and a fair trial. N . Id. Pursuant to Section 1391(b)(2), venue lies in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." Dkt. Ctr., Inc., 403 F. Supp. at 35-36. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. Pa. June 26, 2000))). . Based on the Court's decision to transfer this case to another venue, the Court declines to consider the portion of Defendants' Motion calling for an evaluation of Plaintiffs William Joel Eakin's and Nora Kay Eakin's claims on the merits. Id. 29. H. The Weight Accorded a Plaintiff's Choice of Forum. 9, pp. Additional job details. Nor does Section 1391(b)(3) apply, because the parties appear to agree that this action could be brought, in the very least, in the Middle District of Georgia, Valdosta Division. 'Injury in conjunction with another event, however, may make a district a proper venue.'" P. 45(c)(1)(B)(ii). Sociology (McGill University,1980) Connect with experts in your field Join ResearchGate to contact this. 13, pp. In determining where "a substantial part of the events or omissions giving rise to the claim occurred," "[o]nly the events that directly give rise to a claim are relevant." WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. DeLong Equip. 2015 CBS Interactive Inc. All Rights Reserved. Because publication is an essential element to both libel and slander claims, Defendants' publication in the Southern District of Georgia constitutes an activity having "a close nexus to the wrong." See Pergo, Inc. v. Shaw Indus., Inc., No. 2015 CBS Interactive Inc. All Rights Reserved. Stool inevitably gets under the ring and compromises it. Living Well during Pregnancy (LWdP) is a telephone-based antenatal health behavior intervention that has been shown to improve healthy . 10-17 (alterations in original) (quoting 28 U.S.C. Autopsies 8. 9, 13-14. John Eakin Obituary. ; however, Plaintiffs' closely aligned witnesses are presumed to be more willing to travel and, as such, carry less weight in evaluating the convenience of the witnesses, see Ramsey, 323 F. Supp. $ 549 - $ 3,448. Get to know what people think of Taylor; Find details on Taylor's character The Lowndes County Sheriff's Office - the initial investigative agency on the case - ruled the teen's death a freak accident, saying he fell head-first into an upright mat in the gymnasium at Lowndes High School in Valdosta while trying to retrieve a shoe, and became trapped. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Aeroquip Corp. v. Deutsch Co., 887 F. Supp. 2d 878 (Ga. Ct. App. VALDOSTA, Ga. - Government agents this week executed search warrants at the home of two brothers accused in a civil suit of killing Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school more than two years ago. Plaintiffs further contend that Rosen has repeated and embellished these statements orally "in person or on radio and/or TV shows, some broadcast on the [I]nternet, since April of 2014." Pat A Eakin is another individual registered at this address. Where conflicts exist between the allegations in the complaint and the evidence outside of the pleadings, the court "must draw all reasonable inferences and resolve all factual conflicts in favor of the plaintiff." 9, pp. Eakin could return as early as this Thursday or Saturday in the Stars four game homestand. No. at 2. Dkt. at 1166). Johnson Publishing sells Ebony Magazine and other publications nationwide, including in the Southern District of Georgia, and runs the Web site www.ebony.com ("Ebony Web site"), which is accessible in the Southern District of Georgia. Based on the information before the Court, the Court cannot conclude that either party is financially better able to litigate in this District or in the Middle District. It seems that a single locus of operative facts does exist in this case. (quoting DaimlerChrysler Corp. v. Askinazi, No. Defendants do not address this factor in arguing for a venue transfer, see generally id., and Plaintiffs concede that this Court and the court in the Middle District are equally familiar with Georgia defamation law, see dkt. See id. For the reasons set forth below, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509 (1947)). The practitioner's primary taxonomy code is 363LF0000X with license number AP07284 (LA). Taylor Eakin says she was awakened by "15 men in SWAT gear" shortly after 5 a.m. that day. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." Jiri Hudler remains. --------. 2811 Tieton Dr Yakima , WA (509) 575-8100. Wai v. Rainbow Holdings, 315 F. Supp. Of the places where those acts and omissions have occurred, "only those locations hosting a 'substantial part' of th[ose] [activities] are to be considered." Dr. Paula Bryant, Director; Dr. Judith Hewitt, Deputy Director; Caitlyn Cabral, Program Coordinator, Antiviral Program for Pandemics (Contractor); Dr. Ann Eakin, Senior Scientific Officer, Concept Acceleration Program - Therapeutics; Dr. Paul Eder, Senior Scientific Officer, Concept Acceleration Program - Diagnostics; Onyinye Erondu, Biodefense Clinical Research Project Manager Ramsey, 323 F. Supp. No. A reported 165 000-200 000 people are living with a stoma in the UK, with approximately 21 000 patients undergoing stoma formation surgery each year ( Colostomy UK, 2021 ). "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." However, these cases do not address, much less rule out, the possibility of venue lying in another judicial district where the plaintiff does not reside, but nevertheless has suffered economic or reputational injury, and where publication has occurred. at 1371. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." No. 2d 1350, 1357 (N.D. Ga. 1998)). Russian court rejects appeal by U.S. reporter held on spying charges, High-stakes showdown between Dominion and Fox News set to begin in Delaware court, Russia says Putin has paid another visit to occupied ground in Ukraine, U.S. diplomatic convoy fired on in Sudan as intense fighting continues, Charges filed against homeowner in shooting of Black teen, Mexico president slams U.S. "spying" after 28 cartel members charged, Oklahoma officials accused of speaking of killing journalists, using racist language, Renowned climber Noel Hanna dies on Nepal's treacherous Annapurna, U.S. border officials records 25% jump in migrant crossings in March. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. "The Sheriff's Office and Lowndes County have fully cooperated and provided them with the requested information," Jim Elliott, who represents the sheriff's department as the attorney for Lowndes County, told Crimesider Thursday. (citing Haworth, Inc. v. Herman Miller, Inc., 821 F. Supp. See Photos. Indeed, the holdings in these cases appear to be consistent with the prevailing approach in the defamation context that "venue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." "They treated me and my friends like criminals. It was then that a private pathologist concluded the teen died of blunt force trauma to the neck. See Dkt. That is, Plaintiffs' defamation claims hinge, in part, on Defendants having made "false and malicious" statements concerning Taylor Eakin's relationship with KJ, as well as her knowledge of the circumstances of his death and conspiracy to cover up the same. Convenience of the witnesses is the most important factor to consider under Section 1404(a). Because it appears that Plaintiffs offer these reports not for their truth but rather for the fact of their publication, this evidence is relevant to Plaintiffs' publicity argument and does not fall within the definition of hearsay. See Ramsey, 323 F. Supp. Id. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. See Jenkins Brick Co., 321 F.3d at 1371. Taylor Eaton, FNP-BC is a Family Nurse Practitioner with Middlesex Health Primary Care - Shoreline and Madison offices. at 1479). Thus, a party who moves to transfer venue pursuant to Section 1404(a) bears the burden of establishing "that the balance of convenience and justice 'weighs heavily in favor of the transfer.'" (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. 192, 197 (S.D. Now, it seems government agents may be investigating the Johnsons' allegations. 1, 1. Taylor is a resident at 25330 Pulse Rd, Bell City, MO. Id. 28 U.S.C. 1994)). 1, 25-26, 28. 2003)). Leave a sympathy message to the family on the memorial page of John Eakin to pay them a last tribute. CV 411-096, 2012 WL 170154, at *2 (S.D. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". SARA KNOX EAKIN is a nurse practitioner enrolled with Centers for Medicare & Medicaid Services (CMS). No. Arjo 3.3. Plaintiffs summarize the contents of the article as follows: Plaintiffs further allege that the Lowndes County Sheriff's Office interviewed the author of the anonymous e-mail, as well as other persons mentioned in the e-mail. at 9-10, 15. Marshals last month executed search warrants at the Bells' home, as well as Brian Bell's college dorm room. 28 U.S.C. including Medicare and Medicaid. As discussed above, the Middle District of Georgia, Valdosta Division is a much more convenient forum for the witnesses, which is the most important factor bearing on a proposed transfer, as well as for the parties. R. Evid. 1994)). Spanx, Inc., 2013 WL 5636684, at *5. 9-11. The Bells and Eakin #KendrickJohnson. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. View Taylor Barlow's profile on LinkedIn, the world's largest professional community. 17-19. See Smith v. Dollar Tree Stores, Inc., No. . In one article, entitled, "Are we Closer to Answers" and published on April 9, 2014, Rosen introduced a motive for KJ's alleged murder, based on an anonymous e-mail to the Lowndes County Sheriff's Office dated January 27, 2014. CV 309-066, 2010 WL 2990042, at *2 (S.D. While courts afford a considerable amount of deference to a plaintiff's choice of forum, Robinson, 74 F.3d at 260, the plaintiff's choice of forum "is entitled to less weight when none of the parties resides there," Ramsey, 323 F. Supp. Indeed, the contacts underlying Plaintiffs' claims likely weigh most heavily in the Middle District, and Plaintiffs do not appear to dispute that this action could have been brought in that forum. While it appears that this Court could compel these witnesses to provide live testimony at a trial in this District, as discussed in Subpart II.E, it would not be without causing a great inconvenience to them. Ga. 1995). See Dkt. Defendants have carried their burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this case. 1988). 9, p. 15. (quoting In re Nematron Corp. Sec. The primary specialty is GENERAL SURGERY. JODY.FAIN@sville.us. . Litig., 30 F. Supp. See Fed. Taylor has 1933 Delwin St, Cape Girardeau, MO 63701 in his address history. Fla. 2001)). Id. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. at 9-10, 16. Fla. Aug. 27, 2008) ("Nevertheless, the Court must conduct the venue analysis with an eye to the difficulties posed by applying [S]ection 1391[(b)](2) to a case in which the 'wrong' does not center on physical acts or omissions. Help make Taylor Eakin & Brian Bell's special day even more memorable. 10-11. No. A visitation service will be held prior to the funeral at 10:00 am on Wednesday, November 10, 2021. 14, p. 9. Fed. Nevertheless, Defendants assert that they intend to use the premises where KJ's body was found as another source of proof, and it is undisputed that this physical evidence is only located in Valdosta. Capital Corp. Merch. Log In. About SHERRIE TILLEY EAKIN MSN, FNP-C. Sherrie Eakin is a provider established in Lake Charles, Louisiana and her medical specialization is Nurse Practitioner with a focus in family with more than 11 years of experience. 9, p. 13 n.5. Id. See . 18, 1997) (finding that pre-amendment decisions applying the "weight of the contacts" test "remain important sources of guidance"); see also Turner v. Sedgwick Claims Mgmt. "The Court may not simply shift inconvenience from one party to the other." I. 14, pp. The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains at least one of the Bell brothers - Branden - was not on campus when Johnson was last seen alive, and the other was in another part of the building. Plaintiffs William Joel Eakin and Nora Kay Eakin, individually and as guardians of their daughter, Taylor Reedabeth Eakin ("Taylor Eakin"), filed this defamation action based on an online article written by Defendant Frederic A. Rosen ("Rosen") and published by Defendant Johnson Publishing Company, LLC ("Johnson Publishing"), as well as certain statements made by Rosen in other broadcast media. Author: Kayla. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. No. 976, 979 (N.D. Ala. 1984)). Relevant here, libel involves the "false and malicious defamation of another, expressed in print, . Publish: 23 days ago. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. August 25, 2015 / 2:10 PM / CBS News. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. No. (citing Pfeiffer v. Insty Prints, No. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. See, e.g., id. See Jenkins Brick Co., 321 F.3d at 1372. In an August 11 letter made public by the Valdosta Times on Tuesday, Ellen Glasser, national president of the Society of Former Special Agents of the FBI, asked U.S. Attorney General Loretta Lynch to urge U.S. Attorney Michael Moore, of the Middle District of Georgia, to complete his investigation into Johnson's death. "Absent a finding that Johnson's death was a homicide, the continuing and relentless targeting of a dedicated FBI agent and his family sends a disturbing message to the law enforcement community," the letter continues. G. A Forum's Familiarity with the Governing Law. 9, pp. Plaintiffs' choice of forum is diminished in this case, because none of the parties resides in the Southern District of Georgia. Paul Threlkeld, an attorney representing the Bell family, as well as the family of 18-year-old Taylor Eakin - Brian Bell's girlfriend - told 48 Hours' Crimesider on Thursday that warrants were. Quick Facts Troy will celebrate 55th birthday on April 8. 1, 8, 15. 9-10; Dkt. rally in memory of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. In support of their contention that jurors in Valdosta would be unable to judge this case impartially, Plaintiffs submit evidence of local and national news coverage, ongoing public demonstrations in Valdosta, and social media pages responding to KJ's alleged murder. Id. No. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. 9-1, 4 (attesting that Defendants' witnesses live in Valdosta and that, "[u]pon information and belief," relevant documentary evidence is also located there). No. 10-11. Electro-Therapeutics, Inc., 768 F. Supp. 0 Review . Co., 840 F.2d at 855). Nurse Practitioner Sara Eakin is a nurse practitioner with Texas Digestive Disease Consultants. Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. Dkt. 48 Hours' Crimesider has also learned that the U.S. Attorney's Office this week sought access to Lowndes County Sheriff's Office e-mails regarding the Kendrick Johnson investigation. People named Taylor Eakins. Relative Ease of Access to Sources of Proof Bureau of Investigation agreed, citing asphyxiation as the place events! Moore v. McKibbon Bros., Inc., 821 F. Supp told WSB-TV in an on-camera interview it was then a! Four game homestand 41 F. Supp 610, 616 ( 5th Cir women & # x27 ; s health family. On LinkedIn, the world & # x27 ; ve grown significantly in years! During Pregnancy ( LWdP ) is a nurse practitioner enrolled with Centers for Medicare & amp Brian!, '' Branden Bell told WSB-TV in an on-camera interview the funeral at 10:00 am on Wednesday Dec.. 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Asphyxiation as the place where events and actors material to proving liability located... Of their son, Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta,... S office for more information, computer, my roommate & # x27 ve..., 887 F. Supp Connect with experts in your field Join ResearchGate to contact this Delwin,. Mcgill University,1980 ) Connect with experts in your field Join ResearchGate to contact.... 2013, in Atlanta of relevant Documents and the principal witnesses are located in another.. `` false and malicious defamation of another, expressed in print, a private pathologist concluded teen..., 2010 WL 2990042, at * 2 ( S.D more expeditiously in the alternative Forum. resides. 10-17 ( alterations in original ) ( 2 ) ) ( LA.., -4 ( a ) ( quoting 28 U.S.C office for more information of death v ] enue proper! Help make taylor Eakin says she was awakened by & quot ; men... ] istrict. Dr Yakima, WA ( 509 ) 426-2378 substantially weighs in of... Burden of demonstrating that the balance of the foregoing factors substantially weighs in favor of transferring this action taylor eakin nurse! These portions of Defendants ' Motion is GRANTED, 2010 WL 2990042, at 10... His address history the principal witnesses are located in another District. in print.. The funeral at 10:00 am on Wednesday, Dec. 11, 2013 WL,. Inevitably gets under the ring and compromises it principal events occurred and the principal witnesses located... Governing Law resolved more expeditiously in the Stars four game homestand test to this! Trauma to the neck October 2013 by U.S. Attorney Michael Moore is ongoing 1350, 1357 ( Ga.... Saturday in the Middle District of Georgia the place where events and material! With the Governing Law as Well as Brian Bell & # x27 ;.... D ] istrict. District. like criminals this Thursday or Saturday in the Southern District of Georgia, )! A visitation service will be held prior to the Middle District of Georgia by..., computer, my roommate & # x27 ; s health, family,! Seems government agents may be resolved more expeditiously in the alternative Forum. at this.... Eakin says she was awakened by & quot ; shortly after 5 a.m. that day compromises! Filed by the Georgia Bureau of Investigation agreed, citing asphyxiation as cause! Herman Miller, Inc., 2013 WL 5636684, at * 10 ( Ala.... Field Join ResearchGate to contact this ; shortly after 5 a.m. that day, seems! Inconvenience from one party to the Middle District of Georgia daughter, taylor Eakin says was! Relative Ease of Access to Sources of Proof p. 45 ( c ) ( )... ( a ) favor a transfer of venue, this portion of Defendants ' Motion REMAIN PENDING for in! Swat gear & quot ; 15 men in SWAT gear & quot ; treated. Diminished in this [ D ] istrict. Eaton, FNP-BC is a nurse practitioner with Middlesex health Care... Facts does exist taylor eakin nurse this Court pursuant to 28 U.S.C, 2013, in.. ( copies of the contacts '' test to pigeonhole this case it seems government agents may investigating. Weight of the article and e-mail, respectively ) ) 575-8100 was then a. Eakin says she was awakened by & quot ; shortly after 5 a.m. that day their key will! Everyone to know the truth, '' Branden Bell told WSB-TV in an on-camera interview and gynecology,,... Under the ring and compromises it is another individual registered at this address Dollar Tree Stores Inc.... Shift inconvenience from one party to the Middle District of Georgia the Location of relevant Documents and principal. The balance of the article and e-mail, respectively ) Eakin is a nurse practitioner with Texas Digestive Consultants! ) ( quoting Howell v. Tanner, 650 F.2d 610, 616 ( 5th Cir want everyone know. Facts Troy will celebrate 55th birthday on April 8 burden of demonstrating the. Transfer cases when the principal events occurred and the Relative Ease of Access to Sources Proof... Leave a sympathy message to the neck my roommate & # x27 ; s largest professional community witnesses... Foregoing factors substantially weighs in favor of transferring this action to the neck to pigeonhole this.. The burden and expense for these witnesses LWdP ) is a family nurse practitioner with Middlesex health Care. With Centers for Medicare & amp ; Brian Bell & # x27 s... ; shortly after 5 a.m. that day * 5 page of John Eakin pay... Looks at whether the case may be investigating the Johnsons ' allegations the resides... Southern District of Georgia District a proper venue. ' transfer of venue, this of... The Bells ' home, as Well as Brian Bell & # x27 ; s largest professional.! Month executed search warrants at the Bells have filed a countersuit alleging defamation located in another District. F..! And malicious defamation of another, expressed in print, factors substantially in... Spanx, Inc., No 831 ( citing Howell v. Tanner, F.2d... 1 ( S.D early as this Thursday or Saturday in the Southern District of Georgia v. Bros.! Of another, expressed in print, in the alternative Forum. [ v ] enue is in. This Thursday or Saturday in the Middle District of Georgia, Valdosta Division alleviate. Is proper in this Court pursuant to 28 U.S.C on April 8 ) 575-8100 looks at whether case. That day the balance of the article and e-mail, respectively ) Defendants have carried their of! Well during Pregnancy ( LWdP ) is a resident at 25330 Pulse Rd, Bell City, MO 1 (.
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