Case: Collins v. Adams

3:20-cv-00375 | U.S. District Court for the Western District of Kentucky

Filed Date: May 27, 2020

Case Ongoing

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Case Summary

This suit was filed on May 27, 2020 in the U.S. District Court for the Western District of Kentucky. The suit was brought by several individual plaintiffs as well as the League of Women Voters of Kentucky, the Louisville Urban League, and the Kentucky Conference of NAACP Branches. They were represented by lawyers from ACLU National, ACLU of Kentucky Foundation, the Lawyers' Committee for Civil Rights Under Law, and private counsel. They brought this suit against Kentucky Secretary of State Michael Adams, Governor Andrew Beshear, and the Chairman of the Kentucky Board of Elections Albert Benjamin Chandler. The suit focused on two Kentucky election laws in the face of the COVID-19 pandemic. One was a requirement that to vote absentee a voter needed to have a valid excuse as to why they would not be able to get to the polls in person (the Excuse Requirement). The plaintiffs argued that for some voters, the risk of contracting the virus while at the polls would discourage them from exercising their right to vote. If they could vote absentee, that would grant them the power to vote while staying safe at home. The second election law that was challenged required Kentucky voters to present photo identification when voting, either in-person or absentee (the Photo ID Requirement). The complaint argued that this requirement was simply impossible for many would-be voters, given that many of the offices that issue ID's were closed due to the pandemic. Underlying the plaintiffs' argument with respect to both of these requirements was the claim that the laws would disproportionately disenfranchise black voters. The plaintiffs argued that, at least within the context of the COVID-19 pandemic, the laws violated the right to vote guaranteed by the First Amendment ad the Equal Protection Clause of the Fourteenth Amendment. Plaintiffs sought declaratory relief and injunctive relief in the form of preliminary and permanent injunctions that would prohibit the defendants from enforcing the two laws, and also force defendants to administer the November 3 general election in the same way that they would administer the June 23 primary election.

The case was assigned to Senior Judge Charles R. Simpson.

On June 19, the defendants filed a motion to dismiss the case, arguing that the court did not have subject-matter jurisdiction over the case as the plaintiffs lacked standing and that the plaintiffs had not submitted a claim upon which relief could be granted. They claimed that, while they sympathized with the plaintiffs' views, that the court should not be in the business of constraining the state's election laws, especially at a time where greater flexibility was required in addressing the pandemic. They also argued that there was no discriminatory intent behind either law, and that the plaintiffs had not suffered an injury in fact.

Ten days later, the Secretary of State filed an answer, denying the plaintiffs' allegations and likewise arguing that the plaintiffs lacked standing and had failed to raise a claim upon which relief could be granted. He also argued that they failed to join indispensable parties and that the assertions raised in the complaint were political questions.

The plaintiffs filed a motion for a preliminary injunction on July 10, 2020. In arguing for injunctive relief, the plaintiffs claimed that the Excuse Requirement and the Photo ID Requirement, while perhaps legitimate under normal conditions, unconstitutionally required voters to choose between their right to vote and their safety.

	Document
3:20-cv-00375	Docket	Aug. 7, 2020	Aug. 7, 2020 Docket
1 3:20-cv-00375	Complaint for Injunctive and Declaratory Relief	May 27, 2020	May 27, 2020 Complaint
19 & 19-1 3:20-cv-00375	Memorandum in Support of Albert Benjamin Chandler, III Motion to Dismiss Plaintiffs' Complaint	June 19, 2020	June 19, 2020 Complaint
20 3:20-cv-00375	Answer of Michael Adams, in his Official Capacity as the Secretary of State of Kentucky	June 29, 2020	June 29, 2020 Pleading / Motion / Brief
30 3:20-cv-00375	Motion for Preliminary Injunction	July 10, 2020	July 10, 2020 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants (Filing fee $ 400, receipt number 0644-3108840) filed by Gracie Lewis, Kentucky Conference of NAACP Branches, Dejuan Nash, League of Women Voters of Kentucky, Tiffany Price, Michael Collins, Jeffrey Cosby, Louisville Urban League, Thela Elliott. (Attachments: # 1 Cover Sheet) (ALS) (Entered: 05/27/2020) 1 Cover Sheet View on PACER	May 27, 2020	May 27, 2020 RECAP
2	Case Assignment (Random Selection): Case Assigned to Senior Judge Charles R. Simpson III. (ALS) (Entered: 05/27/2020)	May 27, 2020	May 27, 2020 PACER
3	Summons Issued as to All Defendants. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: # 1 Summons Beshear, # 2 Summons Chandler) (ALS) (Entered: 05/27/2020) 1 Summons Beshear View on PACER 2 Summons Chandler View on PACER	May 27, 2020	May 27, 2020 PACER
4	MOTION for Ceridwen Bonnell Cherry to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3109643. by Plaintiffs Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price (Shapiro, Corey) (Additional attachment(s) added on 5/28/2020: # 1 Proposed Order) (JM). (Additional attachment(s) added on 5/29/2020: # 2 Certificate of Good Standing) (JM). (Entered: 05/28/2020) 1 Proposed Order View on PACER 2 Certificate of Good Standing View on PACER	May 28, 2020	May 28, 2020 PACER
5	MOTION for Adriel I. Cepeda Derieux to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3109676. by Plaintiffs Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price (Shapiro, Corey) (Additional attachment(s) added on 5/28/2020: # 1 Proposed Order) (JM). (Additional attachment(s) added on 5/29/2020: # 2 Certificate of Good Standing) (JM). (Entered: 05/28/2020) 1 Proposed Order View on PACER 2 Certificate of Good Standing View on PACER	May 28, 2020	May 28, 2020 PACER
6	NOTICE of Deficiency re 4 and 5 Motions to Appear Pro Hac Vice. Certificates of good standing have not been tendered. Failure to comply will be brought to the attention of the Court. Response due by 6/4/2020. (JM) (Entered: 05/28/2020)	May 28, 2020	May 28, 2020 PACER
7	NOTICE of Tendered Certificate of Good Standing for Ceridwen Bonnell Cherry by Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price re 4 MOTION for Ceridwen Bonnell Cherry to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3109643. (Shapiro, Corey) (Entered: 05/29/2020)	May 29, 2020	May 29, 2020 PACER
8	NOTICE of Tendered Certificate of Good Standing for Adriel I. Cepeda Derieux by Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price re 5 MOTION for Adriel I. Cepeda Derieux to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3109676. (Shapiro, Corey) (Entered: 05/29/2020)	May 29, 2020	May 29, 2020 PACER
9	MOTION for Dale Edwin Ho to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3112173. by Plaintiffs Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price (Attachments: # 1 Certificate of Good Standing) (Shapiro, Corey) (Additional attachment(s) added on 6/3/2020: # 2 Proposed Order) (JM). (Entered: 06/02/2020) 1 Certificate of Good Standing View on PACER 2 Proposed Order View on PACER	June 2, 2020	June 2, 2020 PACER
10	MOTION for Sophia Lin Lakin to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3112187. by Plaintiffs Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price (Attachments: # 1 Certificate of Good Standing) (Shapiro, Corey) (Additional attachment(s) added on 6/3/2020: # 2 Proposed Order) (JM). (Entered: 06/02/2020) 1 Certificate of Good Standing View on PACER 2 Proposed Order View on PACER	June 2, 2020	June 2, 2020 PACER
11	TEXT ORDER by Senior Judge Charles R. Simpson, III on 6/2/2020, GRANTING 4 and 5 Motions for Ceridwen Bonnell Cherry and Adriel I. Cepeda Derieux to Appear Pro Hac Vice on behalf of the Plaintiffs. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(RLK) (Entered: 06/02/2020)	June 2, 2020	June 2, 2020 PACER
	Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice	June 2, 2020	June 2, 2020 PACER
12	TEXT ORDER by Senior Judge Charles R. Simpson, III on 6/4/2020, GRANTING 9 10 Motions for Dale Edwin Ho and Sophia Lin Lakin to Appear Pro Hac Vice on behalf of the Plaintiffs. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(RLK) (Entered: 06/04/2020)	June 4, 2020	June 4, 2020 PACER
	Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice	June 4, 2020	June 4, 2020 PACER
13	MOTION for Mary Elise Holman to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3118597. by Plaintiffs Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price (Attachments: # 1 Certificate of Good Standing) (Shapiro, Corey) (Additional attachment(s) added on 6/11/2020: # 2 Proposed Order) (JM). (Entered: 06/11/2020) 1 Certificate of Good Standing View on PACER 2 Proposed Order View on PACER	June 11, 2020	June 11, 2020 PACER
14	MOTION for Jayne Ponder to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3118607. by Plaintiffs Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price (Attachments: # 1 Certificate of Good Standing) (Shapiro, Corey) (Additional attachment(s) added on 6/11/2020: # 2 Proposed Order) (JM). (Entered: 06/11/2020) 1 Certificate of Good Standing View on PACER 2 Proposed Order View on PACER	June 11, 2020	June 11, 2020 PACER
15	MOTION for Megan C. Keenan to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3118610. by Plaintiffs Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price (Attachments: # 1 Certificate of Good Standing) (Shapiro, Corey) (Additional attachment(s) added on 6/11/2020: # 2 Proposed Order) (JM). (Entered: 06/11/2020) 1 Certificate of Good Standing View on RECAP 2 Proposed Order View on RECAP	June 11, 2020	June 11, 2020 RECAP
16	MOTION for Robert D. Fram to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3118615. by Plaintiffs Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price (Attachments: # 1 Certificate of Good Standing) (Shapiro, Corey) (Additional attachment(s) added on 6/11/2020: # 2 Proposed Order) (JM). (Entered: 06/11/2020) 1 Certificate of Good Standing View on PACER 2 Proposed Order View on PACER	June 11, 2020	June 11, 2020 PACER
17	MOTION for Scott Garfing to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3118626. by Plaintiffs Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price (Attachments: # 1 Certificate of Good Standing) (Shapiro, Corey) (Additional attachment(s) added on 6/11/2020: # 2 Proposed Order) (JM). (Entered: 06/11/2020) 1 Certificate of Good Standing View on PACER 2 Proposed Order View on PACER	June 11, 2020	June 11, 2020 PACER
18	TEXT ORDER by Senior Judge Charles R. Simpson, III on 6/12/2020, GRANTING 13 14 15 16 17 Motions for Mary Elise Holman, Jayne Ponder, Megan C. Keenan, Robert D. Fram, and Scott Garfing to Appear Pro Hac Vice on behalf of the Plaintiffs. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel, QC(RLK) (Entered: 06/12/2020)	June 12, 2020	June 12, 2020 PACER
	Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice	June 12, 2020	June 12, 2020 PACER
19	MOTION to Dismiss 1 Complaint. (Attachments: # 1 Proposed Order Proposed Order of Dismissal) by Albert Benjamin Chandler, III. (Morgan, Daniel) Modified on 6/22/2020: changed docket text from Memorandum to Motion to Dismiss (RLK). (Entered: 06/19/2020) 1 Proposed Order Proposed Order of Dismissal View on RECAP	June 19, 2020	June 19, 2020 RECAP
	NOTICE OF DOCKET CORRECTION re 19 . ERROR: MOTION to Dismiss docketed in error by counsel as a Memorandum. CORRECTION: Docket text corrected by Clerk to reflect filing as a Motion, not as a Memorandum. (RLK)	June 22, 2020	June 22, 2020 PACER
	Docket Correction	June 22, 2020	June 22, 2020 PACER
20	ANSWER to 1 Complaint, by Michael Adams. (Wilson, Michael) (Entered: 06/29/2020)	June 29, 2020	June 29, 2020 RECAP
21	MOTION for Ajay P. Saini to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3131138. by Plaintiffs Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Shapiro, Corey) (Entered: 06/30/2020) 1 Certificate of Good Standing View on PACER 2 Proposed Order View on PACER	June 30, 2020	June 30, 2020 PACER
22	MOTION for Ezra D. Rosenberg to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3131145. by Plaintiffs Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Shapiro, Corey) (Entered: 06/30/2020) 1 Certificate of Good Standing View on PACER 2 Proposed Order View on PACER	June 30, 2020	June 30, 2020 PACER
23	NOTICE of Appearance by R. Kent Westberry on behalf of Michael Adams (Westberry, R.) (Entered: 07/06/2020)	July 6, 2020	July 6, 2020 PACER
24	TEXT ORDER by Senior Judge Charles R. Simpson, III on 7/6/2020, GRANTING 21 AND 22 Motions for Ajay P. Saini and Ezra D. Rosenberg to Appear Pro Hac Vice on behalf of the Plaintiffs. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(RLK) (Entered: 07/06/2020)	July 6, 2020	July 6, 2020 PACER
	Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice	July 6, 2020	July 6, 2020 PACER
25	NOTICE of Appearance by Bridget M. Bush on behalf of Michael Adams (Bush, Bridget) (Entered: 07/07/2020)	July 7, 2020	July 7, 2020 PACER
26	NOTICE of Appearance by Jennifer S. Scutchfield on behalf of Michael Adams (Scutchfield, Jennifer) (Entered: 07/09/2020)	July 9, 2020	July 9, 2020 PACER
27	NOTICE of Appearance by Mashayla R. Hays on behalf of Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price (Hays, Mashayla) (Entered: 07/10/2020)	July 10, 2020	July 10, 2020 PACER
28	MOTION to Intervene as a Defendant by Intervenor Defendant Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Answer of Intervenor) (Silletto, Aaron) (Entered: 07/10/2020) 1 Memorandum in Support View on RECAP 2 Proposed Order View on PACER 3 Answer of Intervenor View on RECAP	July 10, 2020	July 10, 2020 RECAP
29	MOTION for Leave to File Excess Pages in Support of Motion for Preliminary Injunction by Plaintiffs Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price (Attachments: # 1 Proposed Order Granting Additional Pages) (Shapiro, Corey) (Entered: 07/10/2020) 1 Proposed Order Granting Additional Pages View on PACER	July 10, 2020	July 10, 2020 PACER
30	MOTION for Preliminary Injunction by Plaintiffs Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price (Attachments: # 1 Proposed Order Granting Motion for Preliminary Injunction, # 2 Exhibit A. Murray Decl., # 3 Exhibit B. Ponder Decl., # 4 Exhibit C. Nash Decl., # 5 Exhibit D. Cepeda Derieux Decl., # 6 Exhibit E. Collins Decl., # 7 Exhibit F. Cosby Decl., # 8 Exhibit G. Elliott Decl., # 9 Exhibit H. Lewis Decl., # 10 Exhibit I. Price Decl., # 11 Exhibit J. Burse Decl., # 12 Exhibit K. Reynolds Decl., # 13 Exhibit L. Wagner Decl., # 14 Exhibit M. Hanner Decl., # 15 Exhibit N. Pregliasco Decl., # 16 Exhibit O. Hersh Decl., # 17 Exhibit P. Mohammed Decl.) (Shapiro, Corey) (Entered: 07/10/2020) 1 Proposed Order Granting Motion for Preliminary Injunction View on PACER 2 Exhibit A. Murray Decl. View on PACER 3 Exhibit B. Ponder Decl. View on PACER 4 Exhibit C. Nash Decl. View on PACER 5 Exhibit D. Cepeda Derieux Decl. View on PACER 6 Exhibit E. Collins Decl. View on PACER 7 Exhibit F. Cosby Decl. View on PACER 8 Exhibit G. Elliott Decl. View on PACER 9 Exhibit H. Lewis Decl. View on PACER 10 Exhibit I. Price Decl. View on PACER 11 Exhibit J. Burse Decl. View on PACER 12 Exhibit K. Reynolds Decl. View on PACER 13 Exhibit L. Wagner Decl. View on PACER 14 Exhibit M. Hanner Decl. View on PACER 15 Exhibit N. Pregliasco Decl. View on PACER 16 Exhibit O. Hersh Decl. View on PACER 17 Exhibit P. Mohammed Decl. View on RECAP	July 10, 2020	July 10, 2020 RECAP
31	RESPONSE to Motion re 19 MOTION to Dismiss for Lack of Jurisdiction filed by Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price. (Attachments: # 1 Proposed Order Denying Defendant Chandler's Motion to Dismiss) (Shapiro, Corey) (Entered: 07/10/2020) 1 Proposed Order Denying Defendant Chandler's Motion to Dismiss View on PACER	July 10, 2020	July 10, 2020 PACER
32	APPENDIX of Exhibits to Plaintiffs' Opposition to Motion to Dismiss -- re 31 Response to Motion, (Attachments: # 1 Exhibit A. Collins Decl., # 2 Exhibit B. Cosby Decl., # 3 Exhibit C. Elliott Decl., # 4 Exhibit D. Lewis Decl., # 5 Exhibit E. Nash Decl., # 6 Exhibit F. Price Decl., # 7 Exhibit G. Murray Decl., # 8 Exhibit H. Wagner Decl., # 9 Exhibit I. Reynolds Decl., # 10 Exhibit J. Burse Decl., # 11 Exhibit K. Hersh Decl.) by Michael Collins, Jeffrey Cosby, Thela Elliott, Kentucky Conference of NAACP Branches, League of Women Voters of Kentucky, Gracie Lewis, Louisville Urban League, Dejuan Nash, Tiffany Price. (Shapiro, Corey) (Entered: 07/10/2020) 1 Exhibit A. Collins Decl. View on PACER 2 Exhibit B. Cosby Decl. View on PACER 3 Exhibit C. Elliott Decl. View on PACER 4 Exhibit D. Lewis Decl. View on PACER 5 Exhibit E. Nash Decl. View on PACER 6 Exhibit F. Price Decl. View on PACER 7 Exhibit G. Murray Decl. View on PACER 8 Exhibit H. Wagner Decl. View on PACER 9 Exhibit I. Reynolds Decl. View on PACER 10 Exhibit J. Burse Decl. View on PACER 11 Exhibit K. Hersh Decl. View on PACER	July 10, 2020	July 10, 2020 PACER
33	ORDER by Senior Judge Charles R. Simpson III on 7/14/2020; Status Conference set for 7/22/2020 at 2:00 PM in VideoConference before Senior Judge Charles R. Simpson III.Members of the public may request audio access to the virtual status conference through the following procedure: 1) Send an email requesting audio access to: Intake-kywecf@kywd.uscourts.gov 2) On the subject line of your email, please insert the following information: Remote Access to Wednesday, July 22, 2020 Status Conference in Collins, et al. v. Adams, et al. You will receive an email response with a dial-in phone number and Meeting ID which you may use to access the conference. cc: Counsel (ALS) (Entered: 07/14/2020)	July 14, 2020	July 14, 2020 RECAP
34	NOTICE of Appearance by Taylor A. Brown on behalf of Albert Benjamin Chandler, III (Brown, Taylor) (Entered: 07/14/2020)	July 14, 2020	July 14, 2020 PACER

Case: Collins v. Adams

3:20-cv-00375 | U.S. District Court for the Western District of Kentucky

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