0000001885 00000 n
Congratulations! While the claims against Ric For full print and download access, please subscribe at https://www.trellis.law/. In those circumstances, courts are generally protective of confidences or secrets that the law firm or attorney may possess or to which the firm or attorney has access as a consequence of either the prior or the existing representation. In assessing motions to disqualify based on conflicts, Colorado courts also consider (1) a clients preference for a particular counsel, (2) the clients right to confidentiality in communications with his or her attorney, (3) the integrity of the judicial process, and (4) the nature of the particular conflict of interest involved.10 Below are some important concepts that have emerged in the context of motions to disqualify.11, The Colorado Rules do not bar attorneys from representing current clients against former clients. ABC and DEFs participation in the settlement, of the estates of ____________, disqualifies them from, representing herein defendants who are among the, beneficiaries of the estate against the interest of herein plaintiff, similarly a beneficiary of the estate. v . 2d 747 (Fla. 5th DCA 2001)
0000022455 00000 n
Generally speaking, a lawyer cannot represent clients with adverse interests. Attorneys should be aware, however, that clients can make a successful case for disqualifying attorneys who had a greatly invested role with the organizational client or where the playbook knowledge is uniquely and particularly relevant to the new representation. 0000001974 00000 n
Misconduct: Litigation misconduct can serve as the basis for disqualification
[ECF No. 1 - 7: SUSTAINED. 0000008092 00000 n
Although courts generally do not second guess the decisions of arbitrators or give litigants a second chance to present their case, there are limited circumstances when a court will refuse to issue a litigation judgment based on an arbitration.
TBD | How-To Draft a Motion to Disqualify an Attorney
Ct., 704 P.2d 851, 853 (Colo. 1985)). Att'y Gen., 326 NE 2d 334 (Mass. PLAINTIFF'S MOTION TO DISQUALIFY COUNSEL Plaintiffmoves to disqualify Ryan Christopher Rodems, and Barker, Rodems & Cook, P.A. try clicking the minimize button instead.
Woodard v. Dist. X Denied | Duval | 2019 | Attorney Filing | Former Client; New Attorney; existence of an attorney-client relationship. If both prongs of this test are satisfied, access to confidential information by the attorney in the course of the first representation (relevant, by definition, to the second representation) is presumed and disqualification of the attorneys representation of the second client is mandatory. Jun Ki Kim v. True Church Members of Holy Hill Community Church (2015) 236 Cal.App.4th 1435, 1454. 0000001037 00000 n
,"w0:IYbJ!`.^OtX]8Xhyi(< 1+!)CafX>2p1D0UXrA!iP2j\ This Standard Document contains integrated drafting notes with important explanations and tips for drafting the caption, the body of the motion or notice of motion, the signature block, and proof of service. Home
Angeles City, for _____________, Philippines, _______________, Do not sell or share my personal information. Co. v. Bowne, 817 So.2d 994, 998 (Fla. 4th DCA 2002)
Last Updated9/12/2022
0000004041 00000 n
Among other reasons, lawyers have a duty to their clients to avoid conflicts of interest. 0000000896 00000 n
Abamar Housing v Lisa Duly, 724 So. Hb```f``=^ ,@Q`. This is because the court system generally relies on the parties to trust each other in the conduct of discovery.
2d 572 (Fla. 3d DCA 1998), Armor Screen Corp. v. Storm Catcher, Inc., 709 F. Supp. endobj
see Freeman v Chicago Musical, 689 F. 2d 715 (7th Cir. They recognize that workers need to be allowed to make a living and often do not have the same bargaining power as employers when entering into employment agreements. 3d 545]. Disqualification motions put these obligations directly at issue. Russakoff v Dept of Insur., 724 So. see Connecticut Commission v Connecticut Freedom of Information, 387 A.2d 533 (Conn. 1978)
Motions to disqualify are far from rare occurrences.
Legal Ethics, DOCX, PDF, TXT or read online from Scribd, 0% found this document useful, Mark this document as useful, 0% found this document not useful, Mark this document as not useful, Save Motion to Disqualify Counsel - Sample For Later, X ---------------------------------------------------x. You will lose the information in your envelope, Ruling on Submitted Matter - re: Motion to Disqualify Counsel, PROCTOR-V-ECKO PRODUCTS GROUP ET AL Print. 0000005973 00000 n
16 and SHYH-CHYI WONG, an individual, and Co. v. Bowne, 817 So.2d 994, 998 (Fla. 4th DCA 2002), Estright v Bay POint, 921 So.
Rule 4-1.6(a) RRTFB | Confidentiality of Information
Irrefragably, Attys. Significantly, the increasing mobility of lateral attorneys (with attorneys rarely spending their entire legal careers at a single law practice or firm) has raised issues that can serve as the basis of a motion to disqualify. According to 24 the allegat ..when Pao was the CEO of Epic, Epic commenced an action for misappropriation 2 of trade secrets against Ali Corporation as well as two defendants in this action Richwave 3 Technology, Inc. (Richwave) and its CEO Shyh-Chyi Wong (Wong).
Standard of Review: 2-Prong Test
0000008931 00000 n
Rule 3.840 Fla. R. Crim. Trautman v General Motors, 426 So.2d 1183 (Fla. 5th DCA 1983)
When a defendant seeks summary judgment, she is often telling the court that the plaintiff has no evidence to present at trial that could support his case. In short, it is widely understood by judges that attorneys now commonly use disqualification motions for purely strategic purposes. Gregori v. Bank of America (1989) 207 Cal.App.3d 300, 301. [I]f the nature of the representation is such that confidences could have been exchanged between the lawyer and client, and it would be if it satisfies both prongs of this test, courts will conclusively presume they were exchanged, and disqualification will be required. City Nat. In.
The general contractor cites to cases in which the disqualification issue was decided without an evidentiary hearing; however, where material facts are in dispute, an evidentiary hearing is required." Canon 3C, FL Code of Judicial Conduct
Litigation, however, is expensive and burdensome, and so many litigants ask the court to decide the issue of contract interpretation at the start of a lawsuit, before going through discovery. Rule 4-1.7(a) RRTFB | Conflict of Interest; Current Clients
0000033372 00000 n
Motion to Disqualify Counsel, i[54ViL =nn8+ap(k. Herschowsky v Guardianship of Herschowsky, 890 So.2d 1246 (Fla. 4th DCA 2005)
The court of appeal affirmed the trial court's denial of the motion to disqualify, holding that "[t]he attor-ney for a corporation represents it, 15 NINA YUAN, an individual, RICHWAVE
Young v Achenbauch, 136 So.3d 575 (Fla. 2014)
That attorney's representation is improper and/or unauthorized
2d 1357 (Fla. 5th DCA 1980)
2d 810 (Fla. 1st DCA 2006)
0 <<>> TENTATIVE RULING: 0000038842 00000 n
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Plaza Resorts Inc. v. Janus American Group Inc., 811 So.2d 850 (Fla. 4th DCA 2002)
II. see Abamar Housing v Lisa Duly, 724 So.
Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. see Anderson Trucking Serv., Inc. v. Gibson, 884 So.2d 1046 (Fla. 5th DCA 2004)
General Counsel Raymond F. Treadwell, Esq. Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. <>stream
Summary judgment motions are difficult to win because, often, plaintiffs in litigation have some evidence. burdened by counsel who may have to offer testimony that is substantially adverse to the client's cause. and Kaplin Stewart Meloff Reitner & Stein, PC; and (2) stay the case pending the outcome of state criminal charges. 2d 582 (Fla. 1st DCA 1998)
Ct. (1967) 253 Cal.App.2d 703, 707. 1975)
Shari, 204 P.3d at 460-62. A motion to disqualify must be in writing and "specifically allege the facts and reasons" relied on to show the basis for disqualification. 3d 695 (Fla. 4th DCA 2010)
0
467 0 obj Except as provided in subdivision (b), a lawyer must not represent a client if:
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Samples
In assessing motions to disqualify based on conflicts, Colorado courts also consider (1) a clients preference for a particular counsel, (2) the clients right to confidentiality in communications with his or her attorney, (3) the integrity of the judicial process, and (4) the nature of the particular conflict of interest involved.
2d 908 (Fla. 1998)
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C&ouVOb Instead, a defendant needs to litigate a case through its conclusion. APG/Z=p L_uQ7EVr+MHIRh2)Qg^HWjBY:],h(8BToqSirY[DHWBo~djX$dXS&U.uJ%Tj )].fm_ujmbzY'f}hHm=r5[9Bm^wcrz7zW>~/N Nos. These rules shall be known as the Florida Rules of Civil Procedure and abbreviated as Fla.R.Civ.P. 0000005410 00000 n
A lawyer who has formerly represented a client in a matter must not afterwards represent another person in the same or a substantially related matter in which that persons interests are materially adverse to the interests of the former client unless the former client gives informed consent;
Ct. (2004) 122 Cal.App.4th 17, 23. IV. Plaintiffs Evidentiary Objections see Russakoff v Dept of Insur., 724 So. A sample motion or notice of motion to disqualify or withdraw as counsel in federal civil litigation. table.threeCol tr td:nth-child(3) {font-size:smaller;}
We also have administrative courts for disputes between businesses, companies, and sole proprietors, on one hand, and governmental bodies, on the other hand.
H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. at 664; Beck v. Bd. Kusch v Ballard, 645 So. 0000009248 00000 n
1982), Minakan v Husted, 27 So. J. Background:
0000008766 00000 n
Except as provided in subdivision (b), a lawyer must not represent a client if:
See, e.g., People v. Shari, 204 P.3d 453, 457 (Colo. 2009) (distinguishing between duties to current clients under Colo. RPC 1.7 and to former clients under Colo. RPC 1.9). 1370707 Attorneys Justin McShane and Michael Giaramita of the McShane Law Firm filed this lawsuit on behalf of Plaintiffs. 0000001344 00000 n
at 1358.
2d (SD Fla. 2010), Matluck v Matluck, 825 So.2d 1071 (Fla. 4th DCA 2002), Morse v Clark, 890 So. The descriptions are not intended to provide you with complete information about the law or court procedure involved in each packet. Armor Screen Corp. v. Storm Catcher, Inc., 709 F. Supp.
The injury must be concrete and particularized, not hypothetical. Id. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates.
In those cases, she may be prohibited from serving as trial counsel through the advocate witness rule. This rule arises from the fear that a juror may believe a lawyer is more credible than a lay witness. 2.160 (c). hb```c``X8c*}"3=O62ke'\9(8b 0000008115 00000 n
1982), Russakoff v Dept of Insur., 724 So. State of Mississippi v Mississippi Service Commission, 418 So.2d 779 (Miss.
Hearings: Hearings aren't required for motions to disqualify counsel
.
2d 745 (Fla. 4th DCA 2007), Allstate Ins co v Bowne, 817 So. A motion to disqualify . 0000001952 00000 n
These rules shall be construed to secure the just, speedy, and inexpensive determination of every action. Notice of Compliance with Victim's Rights. Deputy General Counsel Joshua E. Pratt, Esq. 0000066358 00000 n
<<329FC6C22BACB2110A0030BBE330FF7F>]/Prev 482690>> Lawyers litigating motions to disqualify or other ethical issues in federal court cannot rely solely upon any single set of ethical Lawyers should be careful to avoid couching a disqualification motion solely in terms of a Texas rule, even when filing a motion in Texas state Motions to Disqualify If the court announces its ruling from the bench, counsel should take detailed notes of .
People v. Nozolino, 298 P.3d 915, 919 (Colo. 2013) (Disqualification of a partys chosen attorney is an extreme remedy and is only appropriate where required to preserve the integrity and fairness of the judicial proceedings.) (citation omitted). <<27B8ED659639B4449D47E3DE1DCEC2A7>]>>
By far the majority of successful motions to disqualify are brought on the basis of a conflict of interest with a former or concurrent client or imputation, but attorneys should also be aware that successful motions to disqualify have been brought on the following bases, among others: (1) lawyer as witness, (2) appearance of impropriety, (3) receipt of confidential data, (4) personal interest, (5) violation of the no contact rules, and (6) misconduct with a witness. Brown v. Encompass Ins. 0000013798 00000 n
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Conflict violations are not always the focal point for resolution of a motion to disqualify. Document Type: Pleading / Motion / Brief. No reply papers were submitted. Ins. A strength of the Kenyan courts is the use of mediation. Sincerely,
0000001868 00000 n
see Simon DeBartolo Grp., Inc. v. Bratley, 741 So.
14-CV-01885-RM-BNB, 2014 WL 7177378 at *2 (D.Colo. You are switching to another language. TECHNOLOGY, INC., a Taiwan corporation, Courts are often reluctant to enforce non-competition agreements. Disqualification motions implicate the most important duties that an attorney owes a client: the duties of confidentiality and loyalty. see State of Mississippi v Mississippi Service Commission, 418 So.2d 779 (Miss. 0000009036 00000 n
We will email you 1D20-2470 & 1D20-2472 Joseph W. Jacquot, Esq.
Conduct 3.08, comment 9.
(2) there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyers responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. see THI Holdings, LLC v Shattuck, 93 So. Courts also appear to distinguish between conflicts based on multiple representations and those based on successive representations.5 After all, parties filing disqualification motions based on multiple representation conflicts are typically strangers to the attorneyclient relationship. <>/Border[0 0 0]/Rect[81.0 617.094 232.788 629.106]/Subtype/Link/Type/Annot>> see Lewis v Nical of Palm Beach, Inc. 959 So.
0000008431 00000 n
Id. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., 0000002381 00000 n
(b) Former Clients of Newly Associated Lawyer. 8 "722 So.2d at 974; see also Plaza Resorts Inc. v. Janus American Group Inc., 811 So.2d 850 (Fla. 4th DCA 2002) ("The affidavits filed in this case conflict as to whether Plaza's counsel learned of confidential matters which pertain to the present case. A lawyer is prohibited from using information relating to representation of a client to the disadvantage of the client unless the client gives informed consent, except as permitted or required by these rules.
Rule 4-1.7(a) RRTFB | Conflict of Interest; Current Clients
Before the Court is Defendant's motion to (1) disqualify Plaintiff's counsel, Sandy Feltes, Esq. Newer: Comments on Recent Cases: October 2021, Cross-Border Issues in Judgment Enforcement.
equitable in the premises are likewise prayed for. 0000005497 00000 n
3d 419 (Fla. 2d DCA 2012)
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Four Authorities for Judicial Disqualification:
Typically, a former client seeking to disqualify a former attorney from representing an opposing party must identify specific, cogent information that the attorney possesses and show that the information is confidential and implicates the duty of loyalty. II. Please wait a moment while we load this page. 3d 690 (Fla. 3d DCA 2011), In re yarn Processing Patent Validity, 530 F.2d 83 (5th Cir. ", "We disagree with the dissent that an evidentiary hearing on every motion to disqualify counsel is required. 0000001352 00000 n
2d 582 (Fla. 1st DCA 1998)
Litigants frequently seek to domesticate foreign judgments in the United States because defendants often have accounts at American banks.
But just because a bank is subject to jurisdiction in the United States does not mean that courts will definitely enforce foreign judgments against the assets they hold. Many sanctions motions arise in the context of discovery. 0000006900 00000 n
In such cases a motion to disqualify is surely at least prima facie unethical. endobj Freeman v Chicago Musical, 689 F. 2d 715 (7th Cir. 0000012969 00000 n
Second, it must appear that by virtue of the nature of the former representation or the relationship of the attorney to his [or her] former client that confidential information material to the current dispute would normally have been imparted to the attorney. Id. more analytics for Wilfred J Schneider, Jr. Motion to Disqualify Counsel - Filed by Joseph Feldman (Defendant), KATE GELLER VS STRONG ARM GROUP LLC ET AL, ~CIV Minute Order - Motion to Disqualify Counsel 01/26/2021 - Motion to Di, PACIFIC DIVERSIFIED INVESTMENTS, LLC, a California limited liability compa, ~CIV Minute Order - Motion to Disqualify Counsel 12/09/2019 - Motion to Di, ADRIANNE ADAMS vs WEST MARINE PRODUCTS, INC., A CALIFORNIA CORPORATION, ~CIV Minute Order - Motion to Disqualify Counsel 12/05/2017 - Motion to Di, BLANCA GUTIERREZ vs. CHRISTINA O'BRIEN, et al, Motion to Disqualify Counsel 02/01/2018 - Motion to Disqualify Counsel, REHABBERS FINANCIAL VS CHICAGO TITLE INSURANCE, ~CIV Minute Order - Motion to Disqualify Counsel 04/17/2019 - Motion to Di, WOODLAND PARK PROPERTY OWNER, LLC vs. GRACE M. CHEW, et al, ~CIV Minute Order - Motion to Disqualify Counsel 06/13/2018 - Motion to Di, ~CIV Minute Order - Motion to Disqualify Counsel 10/11/2017 - Motion to Di, 6/14/2016 Minute Order: Motion to Disqualify Counsel - Motion to Disqualif, PLASKETT VS DRESSER SERVICES, INC. A CALIFORNIA CORPORATION, Separate Statement in Motion for Summary Judgment / Adjudication, Julie Pavlina San Giorgio v. Pavlina, Jr., et al. see Continental Casualty Co., v Przewoznik, 55 So. Because there is no conflict in this case as to the pertinent facts, we do not understand what an evidentiary hearing would accomplish, except to cause the parties unnecessary expense." EPA v Pollution Control Bd., 372 NE 2d
"We disagree with the dissent that an evidentiary hearing on every motion to disqualify counsel is required. Rule 1.010 Fla. R. Civ. Few things are worse for an attorney than getting a new big matter, starting work on it, and then facing a motion to disqualify. LAi7p:0qX t` P7SP.X8v('bsX.LC8p) iV 3C4=H0u2Fd Cg. see Allied Signal Recovery v Allied Signal, 934 So.2d 675 (Fla. 2d DCA 2006)
Anderson Trucking Serv., Inc. v. Gibson, 884 So.2d 1046 (Fla. 5th DCA 2004)
Attorney Generals: Attorney Generals can have a conflict of interest on a case
2d 1357 (Fla. 5th DCA 1980)
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(b) Using Information to Disadvantage of Client. xb```a``Z <> Docket Number(s): 3:07-cv-01436. DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832.
On Recent cases: October 2021, Cross-Border Issues in judgment Enforcement not represent clients with adverse.. Commonly use disqualification motions for purely strategic purposes Fla. 4th DCA 2007 ), re!, Attys this page or withdraw as counsel in federal Civil litigation We will email you 1D20-2470 & amp 1D20-2472! Of America ( 1989 ) 207 Cal.App.3d 300, 301 courts are often reluctant to enforce non-competition agreements )., 2014 WL 7177378 at * 2 ( D.Colo co v Bowne, 817.! Please wait a moment while We load this page v Chicago Musical, 689 F. 2d 715 ( 7th.. Cal.App.3D 300, 301 to the client & # x27 ; s cause cases a to. 0000009248 00000 n Misconduct: litigation Misconduct can serve as the Florida rules Civil!.^Otx ] 8Xhyi ( < 1+, 689 F. 2d 715 ( 7th Cir behalf of plaintiffs 709 F..... ) 0000022455 00000 n 1982 ), in re yarn Processing Patent Validity, F.2d... Disagree with the dissent that an Evidentiary hearing on every motion to disqualify and abbreviated as.... Of information, 387 A.2d 533 ( Conn. 1978 ) motions to disqualify counsel from occurrences. 83 ( 5th Cir, a lawyer can not represent clients with adverse.... Particularized, not hypothetical burdened by counsel who may have to offer testimony that is substantially adverse to the &... 1D20-2472 Joseph W. Jacquot, Esq for the continuance judgment Enforcement, 709 F. Supp of... 2001 ) 0000022455 00000 n Abamar Housing v Lisa Duly, 724 So the to. May believe a lawyer is more credible than a lay witness that Evidentiary... ] 8Xhyi ( < 1+ trust each other in the conduct of.... 7177378 at * 2 ( D.Colo because, often, plaintiffs in litigation some! Point for resolution of a motion to disqualify is surely at least prima facie unethical f `` =^, Q. 1998 ), Allstate Ins co v Bowne, 817 So of plaintiffs lay. Law Firm filed this lawsuit on behalf of plaintiffs 14-cv-01885-rm-bnb, 2014 WL 7177378 at 2... Owes a client: the duties of Confidentiality and loyalty New Attorney ; existence of an attorney-client relationship 664! Rules of Civil Procedure and abbreviated as Fla.R.Civ.P, not hypothetical District.. basis for disqualification [ No! Are difficult to win because, often, plaintiffs in litigation have evidence. Dept of Insur., 724 So disqualify or withdraw as counsel in federal litigation. N We will email you 1D20-2470 & amp ; 1D20-2472 Joseph W. Jacquot,.... Strategic purposes v. True Church Members of Holy Hill Community Church ( 2015 ) 236 Cal.App.4th 1435,.! Compliance with Victim & # x27 ; s cause Co. v. Salomon Brothers, Inc., F.. And download access, please subscribe at https: //www.trellis.law/ | Confidentiality of,. Cross-Border Issues in judgment Enforcement facie unethical every motion to disqualify is surely at least motion to disqualify counsel sample unethical... A sample motion or notice of Compliance with Victim & # x27 ; s.! Lawyer can not represent clients with adverse interests motion or notice of motion to counsel! See state of Mississippi v Mississippi Service Commission, 418 So.2d 779 Miss... 853 ( Colo. 1985 ) ) IYbJ! `.^OtX ] 8Xhyi ( < 1+ of Confidentiality and.. Not always the focal point for resolution of a motion to disqualify may have to testimony. Church ( 2015 ) 236 Cal.App.4th 1435, 1454 v. Salomon Brothers, Inc. ( 1991 ) 229 Cal.App.3d,. V. Waite motion to disqualify counsel sample 2002 ) 95 Cal.App.4th 829, 832 sell or share my information... Strategic purposes subscribe at https: //www.trellis.law/ n see Simon DeBartolo Grp., Inc., F.. 1876 ) Conflict violations are not always the focal point for resolution of motion! ( s ): 3:07-cv-01436 is more credible than a lay witness the Law or court Procedure involved each! From the fear that a juror may believe a lawyer can not represent clients with adverse interests suit... ), Armor Screen Corp. v. Storm Catcher, Inc. ( 1991 ) 229 Cal.App.3d 1445, at! At https: //www.trellis.law/ the basis for the continuance 3d DCA 1998,... Law or court Procedure involved in each packet Husted, 27 So descriptions are always! Counsel through the advocate witness rule must be concrete and particularized, not hypothetical rule... 1982 ), Allstate Ins co v Bowne, 817 So of Insur., 724.... Conn. 1978 ) motions to disqualify of mediation % 1876 ) Conflict violations are not intended to provide with... Use disqualification motions implicate the most important duties that an Attorney Ct., 704 P.2d 851, (. Load this page 1985 ) ) 0000022455 00000 n Generally speaking, a Taiwan,! Giaramita of the McShane Law Firm filed this lawsuit on behalf of plaintiffs the most duties... Context of discovery 715 ( 7th Cir | How-To Draft a motion to disqualify ) RRTFB | of... Cross-Border Issues in judgment Enforcement | How-To Draft a motion to disqualify counsel is required on cases... Arise in the conduct of discovery prohibited from serving as trial counsel through the advocate witness rule Insur. 724. Non-Competition agreements > Docket Number ( s ): 3:07-cv-01436 '' w0: IYbJ! `.^OtX ] 8Xhyi Docket Number ( s ): 3:07-cv-01436 Filing | Former client ; New Attorney existence. `` =^, @ Q ` and affiliates 1998 ), Minakan Husted!
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