Case: Estate of Claypole v. County of San Mateo

5:14-cv-02730 | U.S. District Court for the Northern District of California

Filed Date: June 12, 2014

Closed Date: 2016

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Case Summary

On June 12, 2014, the mother of a pretrial detainee who committed suicide while in jail filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued the County of San Mateo, the Mateo County Sheriff, the County of Monterey, the Monterey County Sheriff, the City of Monterey, the Monterey Police, the California Forensic Medical Group, and the Community Hospital of Monterey Peninsula under 42 U.S.C. §§ 1983 and 1988, as well as state law. Represented by private counsel, she asked the court for monetary relief, claiming violations of the First and Fourteenth Amendments to the U.S. Constitution. Specifically, she alleged failures to provide medical care, to protect from harm, and to furnish medical care. She also claimed a deprivation of substantive due process, medical malpractice, negligent supervision, training, hiring, and retention, and wrongful death.

In 2013, the detainee committed suicide while in his administrative segregation cell at the Monterey County Jail by hanging himself with a bed sheet. The detainee had a history of mental illness and had been arrested three days prior for a murder he committed during a bipolar episode. The plaintiff alleged that the Jail's policies and practices for screening, supervising, and treating prisoners at risk for suicide were inadequate. The plaintiff also alleged serious deficiencies in the delivery of mental health care at the Jail. The detainee had been previously detained at the Jail and had not received adequate mental health care.

On October 9, 2014, the District Court granted in part Monterey City's and Monterey County's motions to dismiss with leave to amend to the complaint. The Court also denied the County's motion to strike. On October 28, 2014, the plaintiff filed an amended complaint adding a claim of general negligence and allegations to other claims against Monterey and Monterey County. Then, on November 19, 2014, Judge Labson Freeman denied the Hospital's motion to dismiss for lack of subject matter jurisdiction.

On September 22, 2015, Judge Freeman approved the stipulated dismissal of the County and the Sheriff as defendants. Two days later, she approved the stipulated dismissal of the Hospital as a defendant. Presumably these were based on out-of-court settlements.

The case proceeded against the remaining defendants. On January 12, 2016, the court granted summary judgment for a defendant police officer and denied summary judgment for defendant Monterey City. The court found that the plaintiffs had indicated an intention to dismiss the police officer and did not oppose summary judgment as to him. With respect to the City, the court held that there was a dispute as to the issue of whether or not the City "lacks minimally necessary policies and procedures for identifying a detainee’s mental health issues and responding to those issues appropriately by either transferring the detainee to a mental health facility or transmitting information regarding the detainee’s mental health to the next custodian."

On February 22, 2016, the court granted partial summary judgment for county defendants and medical defendants.

The parties then progressed toward trial, but on March 28, 2016, the parties indicated they had reached settlement. Accordingly, they moved for voluntary dismissal two days later, which the court granted while retaining jurisdiction over the settlement's enforcement.

The court related this case to Estate of Sandra Vela v. County of Monterey, No. 5:16-cv-02375, on May 12, 2016.

The settlement is not publicly available, though a status report indicates that "[t]he Agreement required payment of all funds by June 24, 2016, as well as the return of Mr. Claypole’s personal property and handwritten suicide note by that date." There has been no further docket activity since July 2016. The case is now closed.

	Document
5:14-cv-02730	Docket [PACER]	July 21, 2016	July 21, 2016 Docket
1 5:14-cv-02730	Complaint	June 12, 2014	June 12, 2014 Complaint
54 5:14-cv-02730	Order (1) Granting in Part City of Monterey Defendants' Motion to Dismiss With Leave to Amend; (2) Granting in Part County of Monterey Defendants' Motion to Dismiss With Leave to Amend; and (3) Denying County of Monterey Defendants' Motion to Strike	Oct. 9, 2014	Oct. 9, 2014 Order/Opinion 2014 WL 5100696
55 5:14-cv-02730	Estate of Claypole v. County of San Mateo First Amended Complaint	Oct. 28, 2014	Oct. 28, 2014 Complaint
160 5:14-cv-02730	Order Granting Defendant Hall's Motion for Summary Judgment; Denying City of Monterey's Motion for Summary Judgment; and Denying Plaintiffs' Motion for Leave to Substitute Detective Kruse as a Doe Defendant	Jan. 12, 2016	Jan. 12, 2016 Order/Opinion 2016 WL 127450
178 5:14-cv-02730	Order Granting in Part County Defendants' Motion for Summary Judgment and Denying Plaintiffs' Corss-Motion; and Granting in Part Medical Defendants' motion for Summary Judgment and Denying Plaintiffs' Cross-Motion Estate of Joshua Claypole v. County of Monterey	Feb. 22, 2016	Feb. 22, 2016 Order/Opinion 2016 WL 693282

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Damages against All Defendants ( Filing fee $ 400, receipt number 0971-8691979.). Filed bySilvia Guersenzvaig, Joshua Claypole. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(Stormer, Dan) (Filed on 6/12/2014) (Entered: 06/12/2014) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Civil Cover Sheet View on PACER	June 12, 2014	June 12, 2014 RECAP
2	Proposed Summons. (Stormer, Dan) (Filed on 6/12/2014) (Entered: 06/12/2014)	June 12, 2014	June 12, 2014 PACER
3	Certificate of Interested Entities by Joshua Claypole, Silvia Guersenzvaig re 1 Complaint, (Stormer, Dan) (Filed on 6/12/2014) (Entered: 06/12/2014)	June 12, 2014	June 12, 2014 PACER
4	Case assigned to Magistrate Judge Paul Singh Grewal. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (sv, COURT STAFF) (Filed on 6/13/2014) (Entered: 06/13/2014)	June 13, 2014	June 13, 2014 PACER
5	Summons Issued as to California Forensic Medical Group, City of Monterey, Community Hospital of Monterey Peninsula, County Of Monterey, County of San Mateo, Taylor Fithian, Brent Hall, E. Kaye, Scott Miller, Greg Munks, Philip Penko. (cv, COURT STAFF) (Filed on 6/13/2014) (Entered: 06/13/2014)	June 13, 2014	June 13, 2014 PACER
6	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/14/2014. Case Management Conference set for 10/21/2014 10:00 AM in Courtroom 5, 4th Floor, San Jose. (cv, COURT STAFF) (Filed on 6/13/2014) (Entered: 06/13/2014)	June 13, 2014	June 13, 2014 PACER
7	NOTICE of Appearance by Mohammad K Tajsar (Tajsar, Mohammad) (Filed on 6/16/2014) (Entered: 06/16/2014)	June 16, 2014	June 16, 2014 PACER
8	NOTICE of Appearance by Joshua Piovia-Scott (Piovia-Scott, Joshua) (Filed on 6/16/2014) (Entered: 06/16/2014)	June 16, 2014	June 16, 2014 PACER
9	MOTION to Relate Case filed by Joshua Claypole, Silvia Guersenzvaig. (Attachments: # 1 Declaration in Support of Motion to Consider Whether Cases Should be Related)(Tajsar, Mohammad) (Filed on 6/27/2014) (Entered: 06/27/2014) 1 Declaration in Support of Motion to Consider Whether Cases Should be Related View on PACER	June 27, 2014	June 27, 2014 PACER
10	CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice, by 7/14/2014. *This is a text only docket entry, there is no document associated with this notice.* (ofr, COURT STAFF) (Filed on 6/30/2014) (Entered: 06/30/2014)	June 30, 2014	June 30, 2014 PACER
11	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Joshua Claypole, Silvia Guersenzvaig.. (Tajsar, Mohammad) (Filed on 7/8/2014) (Entered: 07/08/2014)	July 8, 2014	July 8, 2014 PACER
12	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by County of San Mateo, Greg Munks.. (Levy, David) (Filed on 7/28/2014) (Entered: 07/28/2014)	July 28, 2014	July 28, 2014 PACER
13	CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ofr, COURT STAFF) (Filed on 7/28/2014) (Entered: 07/28/2014)	July 28, 2014	July 28, 2014 PACER
14	ORDER by Judge Paul S. Grewal denying 9 Motion to Relate Case. 5:14-cv-02730-PSG Not Related to 5:13-cv-02354-PSG. (ofr, COURT STAFF) (Filed on 7/28/2014) (Entered: 07/28/2014)	July 28, 2014	July 28, 2014 PACER
15	ORDER REASSIGNING CASE. Case reassigned to Hon. Beth Labson Freeman for all further proceedings. Magistrate Judge Paul Singh Grewal remains as the referral judge assigned to the case. Reassignment Order signed by Executive Committee on 7/28/2014. (bw, COURT STAFF) (Filed on 7/28/2014) (Entered: 07/28/2014)	July 28, 2014	July 28, 2014 PACER
16	CLERKS NOTICE SETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT Case Management Statement due by 12/04/2014. Case Management Conference set for 12/11/2014 01:30 PM in Courtroom 3, 5th Floor, U.S. District Court 280 South First Street San Jose, CA 95113. *THIS IS A TEXT-ONLY NOTICE. THERE IS NO DOCUMENT ASSOCIATED WITH THIS DOCKET ENTRY* (tsh, COURT STAFF) (Filed on 7/29/2014) (Entered: 07/29/2014)	July 29, 2014	July 29, 2014 PACER
17	Proof of Service of Documents served to defendant Sheriff Munks re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)	July 30, 2014	July 30, 2014 PACER
18	Proof of Service List of Documents as to defendent Dr. Fithian in by Joshua Claypole, Silvia Guersenzvaig re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)	July 30, 2014	July 30, 2014 PACER
19	Proof of Service List of Documents as to defendant County of San Mateo re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)	July 30, 2014	July 30, 2014 PACER
20	Proof of Service Summons in Civil Action as to defendant County of Monterey re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)	July 30, 2014	July 30, 2014 PACER
21	Proof of Service Summons in Civil Action as to defendant Community Hospital of the Monterey Peninsula re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)	July 30, 2014	July 30, 2014 PACER
22	Proof of Service Summons in Civil Action as to defendant City of Monterey by Joshua Claypole, Silvia Guersenzvaig re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)	July 30, 2014	July 30, 2014 PACER
23	Proof of Service Summons in Civil Action as to defendant Chief Philip Penko re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)	July 30, 2014	July 30, 2014 PACER
24	Proof of Service Summons in Civil Action as to defendant California Forensic Medical Group by Joshua Claypole, Silvia Guersenzvaig re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)	July 30, 2014	July 30, 2014 PACER
25	Proof of Service Summons in Civil Action as to defendant Sergeant Kaye re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)	July 30, 2014	July 30, 2014 PACER
26	Proof of Service Summons in Civil Action as to defendant Sheriff Miller re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)	July 30, 2014	July 30, 2014 PACER
27	Proof of Service Summons in Civil Action as to defendant Brent Hall re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)	July 30, 2014	July 30, 2014 PACER
28	MOTION to Dismiss and Motion to Strike Claim for Punitive Damages filed by County Of Monterey, E. Kaye, Scott Miller. Motion Hearing set for 10/2/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 8/18/2014. Replies due by 8/25/2014. (Attachments: # 1 Certificate/Proof of Service)(Blitch, Susan) (Filed on 8/4/2014) (Entered: 08/04/2014) 1 Certificate/Proof of Service View on PACER	Aug. 4, 2014	Aug. 4, 2014 PACER
29	NOTICE of Appearance by Adam Wells Ely (Ely, Adam) (Filed on 8/5/2014) (Entered: 08/05/2014)	Aug. 5, 2014	Aug. 5, 2014 PACER
30	ANSWER to Complaint with Jury Demand byCounty of San Mateo, Greg Munks. (Ely, Adam) (Filed on 8/5/2014) (Entered: 08/05/2014)	Aug. 5, 2014	Aug. 5, 2014 PACER
31	Defendants ANSWER to Complaint with Jury Demand byCalifornia Forensic Medical Group, Taylor Fithian. (Attachments: # 1 Certification of Interested Parties, # 2 Notice of Appearance, # 3 Certificate/Proof of Service Certificate of Service)(Bertling, Peter) (Filed on 8/5/2014) (Entered: 08/05/2014) 1 Certification of Interested Parties View on PACER 2 Notice of Appearance View on PACER 3 Certificate/Proof of Service Certificate of Service View on PACER	Aug. 5, 2014	Aug. 5, 2014 PACER
32	MOTION to Dismiss for Lack of Jurisdiction filed by Community Hospital of Monterey Peninsula. Motion Hearing set for 10/2/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 8/19/2014. Replies due by 8/26/2014. (Attachments: # 1 Certificate/Proof of Service)(Tabari, Cyrus) (Filed on 8/5/2014)SEE DOCUMENT NUMBER 34 FOR AMENDMENT Modified on 8/7/2014 (srmS, COURT STAFF). (Entered: 08/05/2014) 1 Certificate/Proof of Service View on PACER	Aug. 5, 2014	Aug. 5, 2014 PACER
33	MOTION to Dismiss Complaint Without Leave to Amend filed by City of Monterey, Brent Hall, Philip Penko. Motion Hearing set for 9/18/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 8/19/2014. Replies due by 8/26/2014. (Attachments: # 1 Proposed Order)(Cohen, Amanda) (Filed on 8/5/2014) (Entered: 08/05/2014) 1 Proposed Order View on PACER	Aug. 5, 2014	Aug. 5, 2014 RECAP
34	AMENDED NOTICE OF Motion and Motion by Community Hospital of Monterey Peninsula re 32 MOTION to Dismiss for Lack of Jurisdiction Amended Notice of Motion (Attachments: # 1 Certificate/Proof of Service)(Tabari, Cyrus) (Filed on 8/6/2014) Incorrect event selected. Modified on 8/7/2014 (srmS, COURT STAFF). (Entered: 08/06/2014) 1 Certificate/Proof of Service View on PACER	Aug. 6, 2014	Aug. 6, 2014 PACER
35	Pursuant to ( 34 ) AMENDED NOTICE OF Motion and Motion by Community Hospital of Monterey Peninsula re 32 MOTION to Dismiss for Lack of Jurisdiction Amended Notice of Motion CLERKS NOTICE Re-Setting Motion Hearing. Motion Hearing set for 11/20/2014 09:00 AM before Judge Beth Labson Freeman. (tsh, COURT STAFF) (Filed on 8/8/2014) (Entered: 08/11/2014)	Aug. 8, 2014	Aug. 8, 2014 PACER
36	NOTICE of Appearance by Michael Rudolph Philippi (Attachments: # 1 Certificate/Proof of Service)(Philippi, Michael) (Filed on 8/11/2014) (Entered: 08/11/2014) 1 Certificate/Proof of Service View on PACER	Aug. 11, 2014	Aug. 11, 2014 PACER
37	RESPONSE (re 28 MOTION to Dismiss and Motion to Strike Claim for Punitive Damages ) filed byJoshua Claypole, Silvia Guersenzvaig. (Tajsar, Mohammad) (Filed on 8/18/2014) (Entered: 08/18/2014)	Aug. 18, 2014	Aug. 18, 2014 PACER
38	RESPONSE (re 33 MOTION to Dismiss Complaint Without Leave to Amend ) filed byJoshua Claypole, Silvia Guersenzvaig. (Tajsar, Mohammad) (Filed on 8/19/2014) (Entered: 08/19/2014)	Aug. 19, 2014	Aug. 19, 2014 PACER
39	RESPONSE (re 32 MOTION to Dismiss for Lack of Jurisdiction ) filed byJoshua Claypole, Silvia Guersenzvaig. (Tajsar, Mohammad) (Filed on 8/20/2014) (Entered: 08/20/2014)	Aug. 20, 2014	Aug. 20, 2014 PACER
40	REPLY (re 28 MOTION to Dismiss and Motion to Strike Claim for Punitive Damages ) filed byCounty Of Monterey, E. Kaye, Scott Miller. (Attachments: # 1 Certificate/Proof of Service)(Blitch, Susan) (Filed on 8/25/2014) (Entered: 08/25/2014) 1 Certificate/Proof of Service View on PACER	Aug. 25, 2014	Aug. 25, 2014 PACER

Case: Estate of Claypole v. County of San Mateo

5:14-cv-02730 | U.S. District Court for the Northern District of California

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