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Case Information
Docket Entries
- Citation 670 S.W.3d 66
- Clerk Remark Copy of Exhibit Retrieval List dated July 21, 2023 mailed to Mary Alexander, Robert Collins III, and Victor Jih.
- Notice-Exhibit Pickup/Retrieve
- Case Disp- Opin & Mandate Sent
- Denied Associated Entries: 05/15/2023 - Appl for Tran SC Filed in SC
- Appl for Tran SC Filed in SC Associated Entries: 07/20/2023 - Denied
- Notice-Filing App/Trans in SC Electronic Filing Certificate of Service. Filed By: ROBERT PAUL BERRY On Behalf Of: NETFLIX, INC., HULU, LLC
- Denied Associated Entries: 04/11/2023 - Mot for Rehearing/Tran to SC +
- Mot for Rehearing/Tran to SC Electronic Filing Certificate of Service. Filed By: ROBERT PAUL BERRY On Behalf Of: NETFLIX, INC., HULU, LLC Associated Entries: 05/01/2023 - Denied
- Clerk Remark VOTE
- Opinion- Affirmed
- Support Memrandum for Order
- Per Curiam Order Opinion
- Filing Response to Appellants Notice of Supplemental Authority; Electronic Filing Certificate of Service. Filed By: STEVEN M BEREZNEY On Behalf Of: CITY OF CREVE COEUR MISSOURI
- Notice Appellants Notice of Supplemental Citations; Exhibit A; Electronic Filing Certificate of Service. Filed By: ROBERT PAUL BERRY On Behalf Of: NETFLIX, INC., HULU, LLC
- Filing Request for Oral Argument Audio; Electronic Filing Certificate of Service. Filed By: DARCI FAULKNER MADDEN On Behalf Of: HULU, LLC
- Note to Clerk eFiling Filed By: ROBERT PAUL BERRY
- Filing Request for Oral Argument Audio; Electronic Filing Certificate of Service. Filed By: ROBERT PAUL BERRY On Behalf Of: NETFLIX, INC.
- Note to Clerk eFiling Filed By: STEVEN M BEREZNEY
- Filing Request for Oral Argument Audio; Electronic Filing Certificate of Service. Filed By: STEVEN M BEREZNEY On Behalf Of: CITY OF CREVE COEUR MISSOURI
- Note to Clerk eFiling Filed By: ROBERT JOSEPH WAGNER
- Filing Request for Oral Argument Audio; Electronic Filing Certificate of Service. Filed By: ROBERT JOSEPH WAGNER
- Filing Request for Oral Argument Audio; Electronic Filing Certificate of Service. Filed By: JEFFREY LEE SCHULTZ
- Case Submitted Scheduled For: 02/02/2023; DIVISION 3; EASTERN DISTRICT CT OF APPEALS
- Filing Letter in response to Appellants letter dated December 16, 2022; Electronic Filing Certificate of Service. Filed By: STEVEN M BEREZNEY On Behalf Of: CITY OF CREVE COEUR MISSOURI
- Filing Notice of Supplemental Citations; Exhibit A; Exhibit B; Electronic Filing Certificate of Service. Filed By: ROBERT PAUL BERRY On Behalf Of: NETFLIX, INC., HULU, LLC
- Correspondence Received DOCKET RETURNED FROM VICTOR JIH, INSUFFICIENT ADDRESS
- Clerk Remark MAILED DKT TO MARY ALEXANDER, ROBERT COLLINS, VICTOR JIH
- Case Docketed DIVISION 3: Gaertner, Gary M., Jr., P.J.; Torbitzky, John P., J.; Stevens, Cristian M., J. February 2, 2023 ***dkt attached***
- Correspondence Received RETURNED MAIL MOTION RULING LIST DATED 09/26/22 TO VICTOR JIH
- Appellant's Reply Brief Netflix Inc.; Electronic Filing Certificate of Service. Filed By: ROBERT PAUL BERRY On Behalf Of: NETFLIX, INC.
- Appellant's Reply Brief Hulu, LLC; Electronic Filing Certificate of Service. Filed By: DARCI FAULKNER MADDEN On Behalf Of: HULU, LLC
- Granted Until OCTOBER 20, 2022 Associated Entries: 10/06/2022 - Mot Ext Time File Reply Brf +
- Granted Associated Entries: 10/06/2022 - Mot Ext Time File Reply Brf +
- Mot Ext Time File Reply Brf and to File Reply Brief in Excess of Word Limit; Electronic Filing Certificate of Service. Filed By: ROBERT PAUL BERRY On Behalf Of: NETFLIX, INC., HULU, LLC Associated Entries: 10/07/2022 - Granted Associated Entries: 10/07/2022 - Granted Until +
- Note to Clerk eFiling Filed By: STEVEN M BEREZNEY
- Exhibits Filed Exhibit 4-FILED UNDER SEAL; Electronic Filing Certificate of Service. Filed By: STEVEN M BEREZNEY On Behalf Of: CITY OF CREVE COEUR MISSOURI
- Exhibits Filed Exhibit 3-FILED UNDER SEAL; Electronic Filing Certificate of Service. Filed By: STEVEN M BEREZNEY
- Exhibits Filed Exhibit 2-FILED UNDER SEAL; Electronic Filing Certificate of Service. Filed By: STEVEN M BEREZNEY
- Exhibits Filed Exhibit 1-FILED UNDER SEAL; Electronic Filing Certificate of Service. Filed By: STEVEN M BEREZNEY
- Granted PER COURT ORDER DATED OCTOBER 6, 2022 Associated Entries: 10/03/2022 - Mot File BrfsLonger Rule Allow + Associated Entries: 10/06/2022 - Court Order Issued +
- Granted PER COURT ORDER DATED OCTOBER 6, 2022 Associated Entries: 10/03/2022 - Motion to Seal + Associated Entries: 10/06/2022 - Court Order Issued +
- Court Order Issued On October 3, 2022, Respondent filed a brief along with a motion to file brief of 22,151 words. Appellant Netflix has filed suggestions in opposition. Under Local Rule 360, Respondent's brief may only contain up to 13,950 words if the brief is prepared with computer software. In its motion to file a brief in excess of the word limit, Respondent expressed confusion as to whether Local Rule 360 applies to briefs filed in appeals brought pursuant to Rule 84.035. We affirm that it does. In addition, Respondent points out that it is responding to two Appellants' briefs with a combined word count of 26,770 words, Appellant asks that the motion be denied because it is untimely. Respondent's motion to file brief of 22,151 words is granted. We understand Appellants' position that the motion is untimely, but this Court will entertain a motion to exceed the word limit in the Appellants' reply briefs under Rule 360, as well as any motion for extension of time to reply brief. Respondent has also filed a motion to file certain exhibits under seal and out of time, asking that this Court allow it to file Exhibits l, 2, 3, and 4 under seal for purposes of this appeal. Respondent maintains that the exhibits should be sealed on appeal because they were subject to the trial court's June 8, 2020 protective order, in that they contain sensitive business and financial information of Appellants. Respondent's motion to file Exhibits 1-4 under seal as part of the record on appeal is granted. Respondent is ordered to file Exhibits 1-4 with this Court on or before October 11, 2022. Associated Entries: 10/06/2022 - Granted + Associated Entries: 10/06/2022 - Granted +
- Suggestions in Opposition to Motion to File Brief Longer than Rule Allows; Electronic Filing Certificate of Service. Filed By: ROBERT PAUL BERRY On Behalf Of: NETFLIX, INC., HULU, LLC Associated Entries: 10/03/2022 - Mot File BrfsLonger Rule Allow +
- Motion to Seal Certain Exhibits, and for Leave to file Certain Exhibits Out of Time; Electronic Filing Certificate of Service. Filed By: STEVEN M BEREZNEY On Behalf Of: CITY OF CREVE COEUR MISSOURI Associated Entries: 10/06/2022 - Granted +
- Exhibits Filed Respondents Index of Supplemental Exhibits Pursuant to Rule 84.035h; Exhibit 5; Exhibit 6; Exhibit 7; Exhibit 8; Exhibit 9; Electronic Filing Certificate of Service. Filed By: STEVEN M BEREZNEY
- Respondent's Brief Electronic Filing Certificate of Service. Filed By: STEVEN M BEREZNEY
- Mot File BrfsLonger Rule Allow Electronic Filing Certificate of Service. Filed By: STEVEN M BEREZNEY Associated Entries: 10/04/2022 - Suggestions in Opposition + Associated Entries: 10/06/2022 - Granted +
- Granted Associated Entries: 09/23/2022 - Motion for Pro Hac Vice +
- Motion for Pro Hac Vice Electronic Filing Certificate of Service. Filed By: ROBERT PAUL BERRY On Behalf Of: NETFLIX, INC. Associated Entries: 09/26/2022 - Granted
- Granted Associated Entries: 09/19/2022 - Motion for Pro Hac Vice +
- Motion for Pro Hac Vice Electronic Filing Certificate of Service. Filed By: DARCI FAULKNER MADDEN On Behalf Of: HULU, LLC Associated Entries: 09/20/2022 - Granted
- Req for Oral Argument Filed Notice of Request for Oral Argument; Electronic Filing Certificate of Service. Filed By: DARCI FAULKNER MADDEN On Behalf Of: HULU, LLC
- Req for Oral Argument Filed Netflix Notice of Request for Oral Argument; Electronic Filing Certificate of Service. Filed By: ROBERT PAUL BERRY On Behalf Of: NETFLIX, INC.
- Case Screened- Regular Any party wanting oral argument must respond to this notice within 10 days.
- Exhibits Filed Electronic Filing Certificate of Service. Filed By: ROBERT PAUL BERRY On Behalf Of: NETFLIX, INC., HULU, LLC
- Appendix Filed Netflixs Electronic Filing Certificate of Service. Filed By: ROBERT PAUL BERRY
- Appellant's Brief Netflix Inc.; Electronic Filing Certificate of Service. Filed By: ROBERT PAUL BERRY On Behalf Of: NETFLIX, INC.
- Appendix Filed Electronic Filing Certificate of Service. Filed By: DARCI FAULKNER MADDEN On Behalf Of: HULU, LLC
- Appellant's Brief Electronic Filing Certificate of Service. Filed By: DARCI FAULKNER MADDEN On Behalf Of: HULU, LLC
- Acknowledgement Letter Sent
- Acknowledgement Letter Sent
- NOA Filed in Appellate Court
- NOA Filed in Appellate Court
- Filing Fee Paid
- NOA Filed in Circuit Court
- Filing Fee Paid
- NOA Filed in Circuit Court
- Clerk Remark Copy of Court Order dated Aug. 8, 2022 E-Mailed to Hon. Ellen H. Ribaudo, and mailed to City of Creve Coeur, Missouri.
- Court Order Issued Appellants filed a Petition for Permission to Appeal Order Granting Class Action Certification, which was granted on August 5, 2022. Appellants have filed a Motion for Leave to File a Reply Brief. The Court hereby DENIES Appellants' Motion for Leave to File a Reply Brief as moot.
- Other Motion for Leave to File Reply Brief; Electronic Filing Certificate of Service. Filed By: ROBERT PAUL BERRY On Behalf Of: NETFLIX, INC., HULU, LLC
- Clerk Remark Copy of Order dated Aug. 5, 2022 E-Mailed to Hon. Ellen H. Ribaudo ,and mailed to City of Creve Coeur, Missouri.
- Court Order Issued Appellants have filed a Petition for Permission to Appeal Order Granting Class Action Certification along with a Motion to File Certain Exhibits Under Seal and for Leave to File Certain Exhibits Out of Time, and Exhibits. Respondent has filed Suggestions in Opposition along with a Motion to File certain Exhibits Under Seal and For Leave to File Certain Exhibits Out of Time. Appellant's Petition for Permission to Appeal Order is granted. Appellant's reuest for stay is granted. Appellants are granted ten days to file a notice of Appeal in the Circuit Court of St. Louis County with a docket fee.
- Exhibits Filed Exhibit 15 **SEALED** Filed By: STEVEN M BEREZNEY
- Exhibits Filed Exhibit 14 **SEALED** Filed By: STEVEN M BEREZNEY
- Exhibits Filed Exhibit 13 **SEALED** Filed By: STEVEN M BEREZNEY
- Exhibits Filed Exhibit 12 **SEALED** Filed By: STEVEN M BEREZNEY
- Exhibits Filed Exhibit 10 **SEALED** Filed By: STEVEN M BEREZNEY
- Note to Clerk eFiling Filed By: STEVEN M BEREZNEY
- Suggestions in Opposition Electronic Filing Certificate of Service. Filed By: STEVEN M BEREZNEY On Behalf Of: CITY OF CREVE COEUR MISSOURI
- Clerk Remark Copy of Order dated Aug. 3, 2022 E-Mailed to Hon. Ellen H. Ribaudo, and mailed to City of Creve Coeur, MO.
- Court Order Issued Respondent has filed a Motion to File Certain Exhibits Under Seal and For Leave to File Certain Exhibits Out of Time. Being duly advised in the premises, the Court hereby GRANTS Respondent's Motion to File Certain Exhibits Under Seal and For Leave to File Certain Exhibits Out of Time.
- Motion to Seal Certain Exhibits, and for Leave to File Certain Exhibits Out of Time; Electronic Filing Certificate of Service. Filed By: STEVEN M BEREZNEY On Behalf Of: CITY OF CREVE COEUR MISSOURI
- Note to Clerk eFiling Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 88 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR On Behalf Of: NETFLIX, INC., HULU, LLC
- Exhibits Filed Exhibit 87 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 86 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 85 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 84 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 83 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 82 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 81 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 80 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 79 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 78 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 77 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 76 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 75 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 74 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 73 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 72 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 71 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 70 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 69 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 68 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 67 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 66 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 65 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 60 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 59 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 58 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 57 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 56 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 55 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 54 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 53 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 51 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 47 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 42D - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Note to Clerk eFiling Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 42C - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR On Behalf Of: NETFLIX, INC., HULU, LLC
- Exhibits Filed Exhibit 42B - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 42A - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Note to Clerk eFiling Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 41 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR On Behalf Of: NETFLIX, INC., HULU, LLC
- Exhibits Filed Exhibit 40 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 39 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 38 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 37 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 36 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 35 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 34 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 33 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 32 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 31 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Note to Clerk eFiling Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 30 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR On Behalf Of: NETFLIX, INC., HULU, LLC
- Exhibits Filed Exhibit 29 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 28 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 27 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 26 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 25 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 19 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 18 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 17 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 13 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Filed By: DANIEL PATRICK O'DONNELL JR
- Exhibits Filed Exhibit 2 - Filed Under Seal; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK O'DONNELL JR
- Clerk Remark Copy of Order dated July 22, 2022 E-mailed to Hon. Ellen H. Ribaudo, and mailed to City of Creve Coeur Missouri.
- Court Order Issued Appellants have filed a Petition for Permission to Appeal Order Granting Class Action Certification, Motion to File Certain Exhibits Under Seal and for Leave to File Certain Exhibits Out of Time, and Exhibits. Being duly advised in the premises, the Court hereby GRANTS Relator's Motion to File Certain Exhibits Under Seal and for Leave to File Certain Exhibits Out of Time, and directs Relator to file such on or before July 27, 2022. Respondents are Ordered to File Suggestions in Opposition on or before August 4, 2022.
- No Filing Fee Due
- Filing Info Sheet eFiling Filed By: ROBERT PAUL BERRY
- Note to Clerk eFiling Filed By: ROBERT PAUL BERRY
- Motion to Seal Certain Exhibits, and For Leave to File Exhibits Out of Time. Filed By: ROBERT PAUL BERRY On Behalf Of: NETFLIX, INC., HULU, LLC
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