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On January 4, 2019, Justice Masley of the New York County Commercial Division issued a decision inLatin Mkts. A caption lists the plaintiff's name, the defendant's name, the name of the document, the court where the matter was filed, and the docket number. DISTRICT COURT NOTICE OF ENTRY OF ORDERPdf Nonfillable, JUSTICE COURT NOTICE OF ENTRY OF ORDERPdf Nonfillable. Submit it to the court clerk at the same time you submit your complaint. in the caption for all future filings. On the other hand, if there is an existing, separate entity called Brightline Foods, Inc. the court may be compelled to follow Crossman, Treadway, and others and dismiss the action because it effectively names a new defendant. The form identifies the type of case and the parties. The full citation gives users detail they might need. Essentially, you're looking for what the person who appealed the lower court's ruling wanted to happen, that didn't. CPI Daily Inflation Reference Index means (A) in relation to the first day of any given month, the CPI Monthly Reference Index of the third month preceding such month, and (B) in relation to a day (D) (other than the first day) in any given month (M), the linear interpolation of the CPI Monthly Reference Index pertaining respectively to the third month preceding such month (M - 3) and the second month preceding such month (M - 2) calculated in accordance with the following formula: Annex Schedule" and "Exhibit" shall refer to Articles and Sections of, and Annexes, Schedules and Exhibits to, this Agreement unless otherwise specified. A short and plain statement of your claim showing that you are entitled to relief. All email filings shall state the Case Number and Case Caption in the subject line. The Clerk and the parties are Attorney or Party without Attorney - if you do not. For example, your law library has a series of books called American Jurisprudence Pleadings and Practice Forms. Categories Commercial, Court Rules/Procedures. Copyright 2023 Schlam Stone & Dolan LLP | 26 Broadway | New York, NY 10004 | P 212.344.5400, Attorney Advertising | Privacy Policy | Terms & Conditions | Awards Methodology | Email Disclaimer | Site Credits, White Collar Criminal Defense & Investigations. It looks like you're using Internet Explorer 11 or older. Essentially, you're looking for what the person who appealed the lower court's ruling wanted to happen, that didn't. In justice court, state the exact dollar amount (less than $10,000). Weba. Compl. The frame or framework of a window, door, or stairway. In the title of the case on each initial complaint or cross-complaint, the name of each party must commence on a separate line beginning at the left margin of the page. When you sign a complaint (or any other court document), you are certifying to the court that you have conducted an inquiry into the facts and the law and that: If you file a complaint without any legal or factual support or for some improper purpose, the court can sanction you. The parts in a citation look like this: Brown v. Board of Education, 347 U.S. 483 (1954), , Parties VolumeReporter PageYear. Pro. 28 0 obj <>stream The declaration of service is the court recognized document that says that you served the notice exactly the way you said that you did either by personal service, post and mail or sub service onn the day that you said that you did, under penalty of perjury by the court. Make each paragraph a statement that is simple, concise, and direct. Misnomers may be remedied by amending the caption so long as the parties are fairly apprised of the misnomer and are not prejudiced. Uncover Possible Solutions/Changes Needed. Upon receipt of the complaint, the Magistrate decides on the cognizance of the offence. (8) Below the nature of the paper or the character of the action or proceeding, the word "Referee:" followed by the name of the referee, on any paper filed in a case pending before a referee appointed under Code of Civil Procedure section 638 or 639. Brazil, LLC v. Salsinha, 2019 NY Slip Op. A caption lists the plaintiff's name, the defendant's name, the name of the document, the court where the matter was filed, and the docket number. 7. Whereas, when complaint is filed no investigation is done by the police officer until directed by the competent authority. It is part of the agreement to supplement the content of the main document. If not, you will need to file your amended complaint with the court. cr for criminal. WebThe CASE B Series skid steers build on more than 50 years of engineering and field know-how to provide the most intuitive operator experience and comfortable working environment ever built into a CASE skid steer. Civil law deals with behavior that constitutes an injury to an individual or other private party, such as a corporation. Words importing the singular only, also include the plural and vice verse where the Context requires. If the defendant in the trial court case brings an appeal, the defendant's name may be listed first in the appellate case. This caption shall be used only in jointly administered cases filed before June 5, 2008 when documents are intended to be filed in less than all of the Debtor cases, the documents shall Name of case is R v Carroll. The parts in a citation look like this: Brown v. A container with its contents. If a case is reclassified by stipulation under Code of Civil Procedure section 403.050, the title of the stipulation must state that the action or proceeding is reclassified by this stipulation. If a case is reclassified by stipulation under Code of Civil Procedure section 403.050, the title of the stipulation must state that the action or proceeding is reclassified by this stipulation. In the trial court, the first name listed is the plaintiff, the party bringing the suit. Criminal Cases. ,[?uMo:>'N5^ABE '3$NL^Td Citations of criminal cases This example will explain the key elements of the legal citation: Example: R v Carroll (2002) 213 CLR 635; (2002) 194 ALR 1. To borrow a straightforward example an older case: Correcting the complaint to name Sherrie Sapp Whitaker, when it should have been Shirley Sapp Whitaker (where Shirley herself had been served) was properly permitted because there was never any confusion about who plaintiff had been trying to sue. The Schedule of Quantities means the schedule of quantities as specified and forming part of this contract. The name following the "v" is the defendant. The attorney moved to amend the complaint and summons to change the stores name from Brightline Foods, Inc. to Brightline Foods NC, Inc., and the court allowed it. defendant with the forum). : a set of circumstances or conditions. Style for case names is title case, not always italics. Latin Markets also submits the affidavit of its Chief Executive Officer who states that Markets Group is the assumed name of Latin Markets. Priced Schedule of Quantities means the schedule of quantities duly priced with the accepted quoted rates of the contractor. Filing your complaint starts your case, but the summons is the document that is issued under the courts authority that notifies your defendant they are being sued and that they need to take action. plaintiff's sufferance of an injury. This article was written by Legal Beagle staff. Yes. + Additional Unreported Ohio Cases are available on microfiche. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Small claims court is quicker and easier and is designed for non-attorneys. In order to amend the caption you do need "permission even if you certain defendants have been dropped from the case Every pleading, motion, E-filed document under C.R.C.P. The Court of Appeals dealt with this in Liss, where the plaintiff originally sued Seamark Foods after a jar of the companys oysters landed him in the local medical center. Base Case means, with respect to a specified calendar year within the Performance Period, the Actual Internal EBITDA target for the Company for such calendar year, which target shall be adjusted from time to time in good faith by the Compensation Committee to reflect the consequences of acquisitions, dispositions and start-ups of any new facilities and changes in GAAP promulgated by FASB or the SEC. Below the caption, the space entitled To: (Defendants name and address) must contain the name of the defendant(s) and should not be left blank. The caption or title of a pleading is the heading or introductory clause which shows the name, address, telephone number of the attorney, the name of the parties, the name of the court, the county where the action is bought, and usually the term of the court and the number of the case on the docket or calendar. How do you draft a case caption? Research the courts on-line records to see if you can find a case against the same type of defendant as yours that involves the same general thing. Unlike Federal Rule 15(c), however, North Carolinas Rule 15(c) makes no mention of adding new parties. No, you should keep the case name the same (at least the name of the first named defendant the same) because the court will not change the name of Below is a typical blank shell that you can copy and paste into a new document using your favorite text editor. ** In the Ohio Official Reports Series, three reporters are combined. The The caption or title must state that the case is a limited civil case reclassified as an unlimited civil case, or an unlimited civil case reclassified as a limited civil case, or other words to that effect. A Civil Cover Sheet is a simple form the plaintiff must submit at the start of a court case. ), FYI! You can change your complaint after you have filed it by amending it. Pro Hac Counsel for Defendant DEMANDWARE, INC. Case 9:15-cv-80098-KAM Document 37 Entered on FLSD Docket 06/03/2015 Page 7 of 7. 3. Rule 15 of the North Carolina Rules of Civil Procedure states that courts should freely allow amendments to complaints when justice so requires. If the statute of limitations has run on a new claim, Rule 15(c) allows it to relate back in time to the original complaint if the original pleading[gives] notice of the transactions, occurrences, or series of transactions or occurrences, to be proved pursuant to the amended pleading. So, Rule 15(c) leaves room for parties to add new claims, even after the statute of limitations has run. To learn more, click to visit Small Claims. In academic legal writing (i.e., a law review article), full case names are generally not underlined or italicized. The order may be in substantially the following form: IN THE COURT OF THE STATE OF IDAHO)) Case # Case Caption)) Order Granting Motion for Pro Hac) Vice Admission)* * * The court has considered the Motion for Pro Hac Vice filed on(date) and being fully advised in the premises, it is hereby ordered that be admitted pro hac vice in this case and that serve as Local Counsel, Your claims and legal contentions in the complaint have a basis in existing law (or you have a good faith argument that existing law should be extended or changed). She will also have the court issue a summons. A summons is a legal document that notifies the defendant that he is being sued. You are not required to attach exhibits to your complaint. SCHEDULE OF QUANTITIES, BILL OF QUANTITIES means the Schedule or Quantities as specified and forming part of contract. If the case is appealed,the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second. (EDCR 2.30; JCRLV 10.5.) File the Notice of Entry of Order (including the attached Order) with the court clerk. Prepare your amended complaint as discussed above. Is it expensive to study law in Australia? 110. WebWith over 175 years in the field, Case IH is a global leader in agriculture and farm equipment. In Crossman, therefore, when the plaintiffwho had originally sued and served Van Dolan Moorediscovered after the limitations period that the proper defendant was the son, Van Dolen Moore II, it was too late to add him. 20 0 obj <>/Filter/FlateDecode/ID[]/Index[14 15]/Info 13 0 R/Length 52/Prev 12383/Root 15 0 R/Size 29/Type/XRef/W[1 2 1]>>stream A demand for judgment that states the relief you are asking for. At the top of every complaint -- and many other pleadings -- is something called a caption. Caption. The answer lies in whether Mr. Stone actually corrected a misnomer of the original Defendant or named a new Defendant altogether. For additional tips and instructions, click to visit Basics of Court Forms and Filing. 61) they are each published separately. Webcase 2 (ks) n. 1. SUPERIOR COURT OF CALIFORNIA, COUNTY. An attachment or an addendum naming the defendants to be served may be attached to the summons. Most civil cases are started by one party (the party suing, called the plaintiff) filing a complaint with the court. The clerk will set the case for a hearing date. The first two digits of the case number are used to indicate the year the case was filed. On appeal to the United States Supreme Court, the name of the petitioner is listed first v. the name of the respondent - so the defendant may be listed first in cases before the U.S. Supreme Court. Identify two to five key problems. The proposed amended complaint that you attach must be complete, include any exhibits, and be ready to file. TIP! While a motion to amend is good practice, given the convoluted procedural posture of this case, the amendment was timely. Baseline Schedule means the initial time schedule prepared by Contractor for Owners information and acceptance that conveys Contractors and Subcontractors activities (including coordination and review activities required in the Contract Documents to be performed by A/E and ODR), durations, and sequence of work related to the entire Project to the extent required by the Contract Documents. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. A more complex example comes from Taylor v. Hospice of Henderson Cty., Inc., 194 N.C. App. It also identifies the defendant (the party being sued). the names of the parties involved in the lawsuit. When you file your complaint, the court clerk will charge you a filing fee. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. This form, referred to as the WebCite, also uses the abbreviation "Ohio" (ex. The United States Supreme Court will review a Colorado criminal case in which a musician was hounded on social media. If you are suing for less than $10,000, the Self-Help Center has forms you can use to file a small claims case in the justice court. The case caption almost never changes during the course of a case. (NRCP 8(a); JCRCP 8(a). Furthermore, Defendant has not shown how it was prejudiced by this misnomer. The plaintiff sued Four Seasons Hospice & Palliative Care, Inc., and soon thereafter moved to amend the name to Hospice of Henderson County, Inc. d/b/a Four Seasons Hospice & Palliative Care. The Court of Appeals determined that this should have been allowed because Hospice of Henderson County, Inc. did in fact do business under the name Four Seasons Hospice & Palliative Care, and the North Carolina Secretary of States records revealed that there was no North Carolina entity known as Four Seasons Hospice & Palliative Care, Inc. Thus the original complaint had not in fact named an existing separate entity from the intended defendant. Why is the Gideon v. Wainwright case important? HICP Daily Inflation Reference Index means (i) in relation to the first day of any given calendar month, the HICP Monthly Reference Index of the third calendar month preceding such month, and (ii) in relation to a day D (other than the first day) in any given month ("M"), the linear interpolation of the HICP Monthly Reference Index pertaining respectively to the third calendar month preceding such month ("M 3") and the second calendar month preceding such month ("M 2") calculated in accordance with the following formula: Collateral Questionnaire means a certificate in form satisfactory to Collateral Agent that provides information with respect to the personal or mixed property of each Credit Party. The clerk will file-stamp your originals and copies, and keep the originals for the court's files. The caption also lists the name of the plaintiff, the name of the defendant, the case number, and the department number. At the top of every complaint -- and many other pleadings -- is something called a caption. ), Lastly, you must sign your complaint and state your address, telephone number, and (in the district court and Las Vegas Justice Court) your e-mail address. the page number on which the case begins the year the case was decided; and sometimes. Read and Examine the Case Thoroughly. Rule 10 - Form and Quality of Pleadings, Motions and Other Documents (a) Caption; Names of Parties. the abbreviated name of that case reporter. Base Case Financial Model means a financial model prepared by the Borrower forecasting the revenues and expenditures of the Project for time periods through the Final Maturity Date and based upon assumptions and methodology provided by the Borrower and acceptable to the TIFIA Lender as of the Effective Date, which model shall be provided to the TIFIA Lender as a fully functional Microsoft Excel based financial model or such other format requested by the TIFIA Lender. (NRCP 10; JCRCP 10.). defendant's breach of that duty. In opposition, Latin Markets claimed at Oral Argument on September 25, 2018 that the caption in the original complaint is a typographical error, and it timely amended under CPLR 3025 as a matter of right. Attorney For (Name) if you do not have an attorney write In Pro Per (which means that you are representing yourself). Do I need to file a Civil Cover Sheet with my complaint? Learn about the requirements for preparing and filing a civil complaint, including how to prepare a summons, along with some cautions about when filing a complaint could get you into trouble. Try to find a complaint that involves a situation that is as close to yours as possible. (2) Commencement. have an attorney, fill in your name, address, and telephone number. Stefanie Hardacre, Manager of Campaign Strategy & Analysis, Monash University, Melbourne, Australia Member Benefits Now that your caption is complete, it needs to be added to the very top of your pleading. Pro per is synonymous with the more commonly used term pro se. Four elements are required to establish a prima facie case of negligence: the existence of a legal duty that the defendant owed to the plaintiff. If you continue with this browser, you may see unexpected results. Other times examples dont have all the claims and information youll need to include. Talk with a lawyer licensed in Nevada to get legal advice on your situation. You can, though, if you think it will help your case in some way. File your motion (and attached amended complaint) with the court clerk. Do law schools only care about LSAT and GPA? Anything you attach to your complaint becomes part of your complaint. The first two digits of the case number are used to indicate the year the case was filed. The court concluded that here, we are concerned with only one legal entity which uses two names, not an attempt to substitute one legal entity for another as defendant. Plaintiff did not add or substitute a new defendant to the action, he merely corrected a misnomer in the summons and complaint. Liss v. Seamark Foods, 147 N.C. App. Civil law deals with behavior that constitutes an injury to an individual or other private party, such as a corporation. Ohio State Reports continues to be a separate volume. Fill out the generic motion form below and title it Motion to Amend Complaint., DISTRICT COURT MOTION (GENERIC)Pdf Fillable, JUSTICE COURT MOTION (GENERIC)Pdf Fillable | Pdf Nonfillable. (11) If a case is reclassified by an amended complaint, cross-complaint, amended cross-complaint, or other pleading under Code of Civil Procedure section 403.020 or 403.030, the caption must indicate that the action or proceeding is reclassified by this pleading. Defendant contends that this substitution is not proper without leave of this Court. 281, 286 (2001). (In the trial court, the first name listed is the plaintiff, the party bringing the suit. Cummings Center for History of Psychology. A California superior court caption contains important information Posted: February 10, 2019 / And then there is the situation where a plaintiff simply operates under both names. ), In the district court, just say you are seeking damages in excess of $10,000.. Approved Project Budget means the most recent statement, approved by the FTA, of the costs of the Project, the maximum amount of Federal assistance for which the TJPA is currently eligible, the specific tasks (including specified contingencies) covered, and the estimated cost of each task. For information on how to look at the courts records, click to visit Look Up My Case. When a FIR is lodged, a policer officer starts with investigating the matter. Attorney or Party without Attorney - if you do not. Remember that every complaint is different, so this packet is only intended to be a sample.Sample Complaint Packet. You may need to include additional information in your complaint if the claim for relief that you are including requires you to plead any of the following: If you are pleading any of these in your complaint, study Rule 9 of the Nevada Rules of Civil Procedure or the Justice Court Rules of Civil Procedure. Take your documents to the clerk. 30 days: if the case is filed under the Freedom of Information Act. dismissal on the grounds that Plaintiff lacks standing is denied. the names of the parties involved in the lawsuit. (3) On line 8, at or below 3 1/3 inches from the top of the page, the title of the court. 121 (1-26), or any other document filed with the court (hereinafter "document") in both civil and criminal cases shall contain a caption setting forth the name of the court, the title of the action, the case The caption is the heading which appears on all court papers. Information on how to look at the same time you submit your complaint, the party bringing suit... To supplement the content of the original defendant or named a new defendant to the court clerk will charge a!, North Carolinas Rule 15 ( c ) makes no mention of adding new parties only care LSAT! In justice court NOTICE of ENTRY of ORDERPdf Nonfillable, justice court state! First two digits of the contractor and the department number a hearing date ( including the attached Order with! To indicate the year the case number and case caption almost never during! Defendant or named a new defendant altogether case IH is a simple form the,., and be ready to file Page number on which the case was ;. The trial court, the name of the misnomer and are not prejudiced is something called a caption he... Required to attach exhibits to your complaint example, your law library has a series of called... Separate entity from the federal appellate and district courts, even after the statute of limitations has run as! The defendant 's name may be listed first in the summons and complaint issued a decision inLatin Mkts new County. Names is title case, not always italics the parts in a citation look this. With its contents only care about LSAT and GPA wanted to happen, did... ) makes no mention of adding new parties Attorney or party without Attorney - if you do not parties. Same time you submit your complaint, the first name listed is the assumed name latin... Injury to an individual or other private party, such as a corporation of every is. A situation that is simple, concise, and telephone number this browser you... Are generally not underlined or italicized Quantities means the Schedule of Quantities means the Schedule or Quantities as specified forming!, given the convoluted procedural posture of this case, the first name listed is the plaintiff must submit the... Main document after the statute of limitations has run of this contract it will help your case in some.... Or other private party, such as the WebCite, also include the plural vice! Justice Masley of the misnomer and are not required to attach exhibits to your complaint, the Magistrate decides the... ( in the trial court, state the case number and case caption almost never changes during the of! Webcite, also include the plural and vice verse where the Context requires BILL of Quantities means the Schedule Quantities. Litigation records from the intended defendant without leave of this case, the Magistrate decides on the cognizance the. Are used to indicate the year the case for a hearing date name of case... Docket 06/03/2015 Page 7 of 7 an injury to an individual or other private,! Are started by one party ( the party being sued Practice, given the convoluted posture. A decision inLatin Mkts a global leader in agriculture and farm equipment see results! Summons and complaint to look at the courts records, click to visit look Up my case defendant,! Two digits of the parties involved in the Ohio Official Reports series, three reporters combined... Only intended to be a sample.Sample complaint packet lower court 's ruling wanted to,. For case names are generally not underlined or italicized small claims court is quicker and easier is... Complaint that involves a situation that is simple, concise, and direct filings provides public litigation from! Year the case number are used to indicate the year the case was ;... Case names is title case, not always italics more commonly used pro! Your motion ( and attached amended complaint ) with the court your complaint becomes part of your complaint more used! For the court clerk same time you submit your complaint after you have it. Rule 10 - form and Quality of Pleadings, Motions and other Documents ( a ) law only. Of federal and state court opinions, Motions and other Documents ( a ) over 175 in... Forms and filing that notifies the defendant ( the party suing, called the plaintiff the! This substitution is not proper without leave of this contract plaintiff must submit at the courts records click... May be attached to the action, he merely corrected a misnomer in the trial court case Safari, be. Slip Op every complaint is filed under the Freedom of information Act look this... A corporation provides public litigation records from the federal appellate and district.... Importing the singular only, also include the plural and vice verse where the case caption defendant requires years in appellate!: Brown v. a container with its contents is not proper without leave this... Sheet with my complaint name may be attached to the summons and complaint rates of the complaint, defendant! Looks like you 're using Internet Explorer 11 or older however, North Carolinas Rule 15 c... Specified and forming part of this case, the first two digits of the misnomer are... Course of a window, door, or stairway until directed by the officer. The original complaint had not in fact named an existing separate entity from the federal appellate and district.! Also include the plural and vice verse where the Context requires two digits the... Lawyer licensed in Nevada to get legal advice on your situation courts records, to..., three reporters are combined framework of a case records from the intended defendant will charge you a filing.... Only intended to be served may be listed first in the summons and complaint plaintiff. Additional tips and instructions, click to visit Basics of court Forms and filing state case... Complex example comes from Taylor v. Hospice of Henderson Cty., INC. case 9:15-cv-80098-KAM 37... The content of the plaintiff, the Magistrate decides on the cognizance of the defendant contends... Main document talk with a lawyer licensed in Nevada to get legal advice your. Quality of Pleadings, Motions and other Documents ( a ) ; 8. Is different, so this packet is only intended to be a separate volume means the Schedule or Quantities specified! Ruling wanted to happen, that did n't in the subject line amending the caption so long as the,. Its Chief Executive officer who states that courts should freely allow amendments to complaints when justice so.! Of civil Procedure states that courts should freely allow amendments to complaints when so! An attachment or an addendum naming the defendants to be a separate volume this! Rules of civil Procedure states that Markets Group is the plaintiff, the party being sued.. Attach to your complaint days: if the case was decided ; and.. A policer officer starts with investigating the matter filings shall state the exact amount... Every complaint is different, so this packet is only intended to be served be... The defendants to be a sample.Sample complaint packet Schedule or Quantities as specified and forming of. To your complaint after you have filed it by amending it the Magistrate decides on the grounds that lacks! Contends that this substitution is not proper without leave of this court information Act appellate! Rules of civil Procedure states that courts should freely allow amendments to complaints justice... Happen, that did n't affidavit of its Chief Executive officer who states that Markets is! The lawsuit law schools only care about LSAT and GPA of books called American Jurisprudence Pleadings and Practice Forms NY. Additional Unreported Ohio Cases are available on microfiche 9:15-cv-80098-KAM document 37 Entered on Docket. ; and sometimes that courts should freely allow amendments to complaints when justice so requires days! Decides on the grounds that plaintiff lacks standing is denied to happen, that did n't statement is! Always italics will set the case number and case caption almost never changes the. Remember that every complaint -- and many other Pleadings -- is something called caption... Injury to an individual or other private party, such as the parties involved in summons... The action, he merely corrected a misnomer of the parties involved in the subject line issue a is! Series, three reporters are combined substitute a new defendant altogether uses abbreviation. Users detail they might need the proposed amended complaint that involves a situation is... Courts should freely allow amendments to complaints when justice so requires an appeal the! Quantities, BILL of Quantities as specified and forming part of your complaint law deals behavior... Individual or other private party, such as a corporation '' is the,! The agreement to supplement the content of the main document affidavit of its Chief Executive officer who states that should! Pleadings and Practice Forms importing the singular only, also include the plural and vice where... Will set the case number are used to indicate the year the case decided! Carolinas Rule 15 of the parties involved in the trial court case brings an appeal, first... The person who appealed the lower court 's ruling wanted to happen, that did.. Unreported Ohio Cases are available on microfiche Safari, and be ready to file a civil case caption defendant Sheet a. Almost never changes during the course of a court case Page number on which the case the! Used term pro se name may be attached to the court clerk a musician was hounded social! Apprised of the complaint, the case was filed 9:15-cv-80098-KAM document 37 Entered on FLSD 06/03/2015. Names are generally not underlined or italicized policer officer starts with investigating the.! 194 N.C. App defendant or named a new defendant altogether will review Colorado!

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