Case: Fair Housing Center of Central Indiana. v. Rainbow Realty Group

1:17-cv-01782 | U.S. District Court for the Southern District of Indiana

Filed Date: May 30, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 30, 2017, the Fair Housing Center of Central Indiana and three individual named plaintiffs brought this suit in the U.S. District Court for the Southern District of Indiana against the Rainbow Rental Group and Empire Holding Corp., alleging a predatory “rent-to-own” program. Represented by two private law firms, Plaintiffs claimed violations of the Equal Credit Opportunity Act, the Fair Housing Act, four provisions of the Truth in Lending Act, and a state housing law. Specifically, the C…

On May 30, 2017, the Fair Housing Center of Central Indiana and three individual named plaintiffs brought this suit in the U.S. District Court for the Southern District of Indiana against the Rainbow Rental Group and Empire Holding Corp., alleging a predatory “rent-to-own” program. Represented by two private law firms, Plaintiffs claimed violations of the Equal Credit Opportunity Act, the Fair Housing Act, four provisions of the Truth in Lending Act, and a state housing law. Specifically, the Complaint alleged that Defendants purchased rundown houses, then under the false pretense of providing the opportunity to own a home and build wealth, they sold the houses at inflated prices. Plaintiffs further allege that defendants targeted their scheme at minority neighborhoods. As before, minority neighborhoods were Defendants’ prime target. The Fair Housing Center sought declaratory and injunctive relief and compensatory, statutory, and punitive damages. The Plaintiffs also sought class certification of a class of all persons who entered into a “rent-to-own” housing contract with Defendants with subclasses for persons who were minorities, persons who entered into a contract within the last three years, and persons who entered into a contract within the last year. In September 2017, Plaintiffs moved and were granted leave to file an amended complaint to add an additional Indiana state claim. 

On May 25, 2018, Plaintiffs moved to voluntarily dismiss the claims brought by two individual named plaintiffs pursuant to a settlement agreement between the plaintiffs and Rainbow Realty Group. Judge Robert L. Miller granted the voluntarily dismissal about a month later on June 18. The settlement was private, and the Clearinghouse was unable to find information on its specific provisions. Following the settlement, the remaining plaintiffs filed an amended complaint on March 8, 2019, which moved to join additional entities that held ownership interests in Rainbow Realty and added two additional named plaintiffs.  

Plaintiffs moved for class certification on June 14, 2019. On March 27, 2020, Judge Miller certified for this suit a class of all people who entered a rent to buy agreement with Rainbow for a residential property since the beginning of 2009.

Defendants filed a motion for partial summary judgment on July 3, 2020, specifically related to the two legal questions that pertained to state laws. The Court granted partial summary judgment for those two claims on March 10, 2021. Plaintiffs filed a petition to appeal the summary judgment decision to the Seventh Circuit on March 31, 2021.  The permission to appeal was denied two weeks later.

The case was reassigned to Judge Jane Magnus-Stinson. Following the final pretrial conference for all remaining claims held in December 2021, plaintiffs filed a motion for partial summary judgment on February 14, 2022. Defendants filed a cross-motion for summary judgment a month later. On August 12, 2022, Judge Magnus-Stimson denied Plaintiffs’ motion for partial summary judgment and granted defendants’ cross-motion for summary judgment regarding the Truth in Lending Act claims, Equal Credit Opportunity Act claims, and the Fair Housing Act disparate impact claims. The order allowed the Fair Housing disparate treatment claims and two state claims related to habitability and misrepresentation to proceed. 

On August 26, 2022, Plaintiffs filed a motion for reconsideration. Shortly after, on September 9, 2022, Plaintiffs moved to clarify the Court’s summary judgment order. The United States Department of Justice filed a statement of interest in the case in support of reconsideration of the interpretation and application of the Equal Credit Opportunity Act on September 12th. On October 7, 2022, Judge Magnus-Stinson filed an order on the motions to clarify and for reconsideration. The Order clarified that class claims for disparate treatment under the Fair Housing Act would not be determined as part of this case. It vacated the portions of the August 12 Order that found that the Trust in Lending and Equal Credit Opportunity Acts did not apply to Plaintiffs who paid past the initial two years of the RTB Agreements, that Plaintiffs did not present sufficient evidence to hold the named Defendants liable, and that Defendants had set forth a valid, non-discriminatory business interest to rebut that prima facie case. It denied reconsideration of the other issues in the order and declined to consider the Government’s Statement of Interest.

On October 17, 2022, the parties stipulated for dismissal of Plaintiffs’ claims under the Equal Credit Opportunity Act. On January 6, 2023, the parties filed a motion for settlement class certification and preliminary approval of a settlement. The Court issued an order certifying the settlement class and granting preliminary approval of the settlement agreement on January 19. The parties submitted a motion for Final Approval of the Settlement Agreement in April, and Judge Magnus-Stinson granted final approval of the settlement and granted the October 17, 2022 stipulation for dismissal of the Equal Credit Opportunity Act claims on May 11, 2023. In total, defendants agreed to pay $750,000 in settlement of all claims. The settlement provided that each named plaintiff would receive $5,000 and each individual who submitted a Claim Form would receive $2,500. The agreement also provided that defendants would comply with the laws and legal prohibitions of the Equal Credit Opportunity Act, the Fair Housing Act, four provisions of the Truth in Lending Act, and state housing laws; provide trainings to employees about fair housing laws, lending discrimination, and predatory lending; and adopt a Fair Housing Policy. Pursuant to the agreement, the Court retained jurisdiction over the matter for a period of three years for the purpose of enforcing the Settlement Agreement.

On July 21, 2023, plaintiffs filed motions for dismissal of the case with prejudice and for disbursement of additional funds to the claims administrator. The Court granted both motions five days later and ordered that the parties file a report upon completion of the class fund distribution. Notice of distribution was filed on September 1, 2023. 

As of March 21, 2025, the case is closed. The Court retained jurisdiction for enforcement until May 2026.

Summary Authors

Marisa London (3/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6536416/parties/fair-housing-center-of-central-indiana-inc-v-rainbow-realty-group-inc/


Judge(s)
Attorney for Plaintiff

Cate, Russell B. (Indiana)

Colfax, Reed (Indiana)

Diaz, Gabriel (Indiana)

Attorney for Defendant

Clark, Briana Lynn (Indiana)

Dorelli, Michael A. (Indiana)

show all people

Documents in the Clearinghouse

Document
1

1:17-cv-01782

Class Action Complaint

May 30, 2017

May 30, 2017

Complaint
100

1:17-cv-01782

Third Amended Class Action Complaint

March 8, 2019

March 8, 2019

Complaint
139

1:17-cv-01782

Plaintiffs' Memorandum of Law in Support of Motion for Class Certification

June 14, 2019

June 14, 2019

Pleading / Motion / Brief
176

1:17-cv-01782

Opinion and Order

March 27, 2020

March 27, 2020

Order/Opinion

2020 WL 1493021

209

1:17-cv-01782

Opinion and Order

March 10, 2021

March 10, 2021

Order/Opinion

2021 WL 913947

332

1:17-cv-01782

Order

Aug. 12, 2022

Aug. 12, 2022

Order/Opinion

2022 WL 3348827

360

1:17-cv-01782

Order

Oct. 7, 2022

Oct. 7, 2022

Order/Opinion

2022 WL 6158365

386

1:17-cv-01782

Joint Notice of Filing Amended Exhibit in Support of Motion for Preliminary Approval of Settlement Agreement and Proposed Order

Jan. 18, 2023

Jan. 18, 2023

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6536416/fair-housing-center-of-central-indiana-inc-v-rainbow-realty-group-inc/

Last updated July 18, 2025, 3:34 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Class Action) against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-4380240) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Strenski, James) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

Clearinghouse
2

NOTICE of Appearance by James P. Strenski on behalf of Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA. (Strenski, James) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
3

NOTICE of Appearance by Ian P. Goodman on behalf of Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA. (Goodman, Ian) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
4

MOTION for Attorney(s) Glenn Schlactus to Appear pro hac vice (Filing fee $100, receipt number 0756-4380931), filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA. (Attachments: # 1 Text of Proposed Order)(Schlactus, Glenn) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
5

Summons Issued as to EMPIRE HOLDING CORP., JAMES R. HOTKA, RAINBOW REALTY GROUP, INC.. (MEH) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
6

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MEH) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
7

MOTION to Withdraw Appearances, filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA. (Attachments: # 1 Text of Proposed Order)(Strenski, James) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
8

NOTICE of Appearance by James P. Strenski on behalf of Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA. (Strenski, James) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
9

NOTICE of Appearance by Ian P. Goodman on behalf of Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA. (Goodman, Ian) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
10

MOTION for Attorney(s) Robert D. Friedman to Appear pro hac vice (Filing fee $100, receipt number 0756-4383261), filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Strenski, James) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
11

MOTION for Attorney(s) Laura Gaztambide-Arandes to Appear pro hac vice (Filing fee $100, receipt number 0756-4383335), filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Strenski, James) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
12

ORDER granting 7 Motion to Withdraw Appearance of James P. Strenski and Ian P. Goodman on behalf of Defendants Rainbow Realty Group, Inc., Empire Holding Corp. and James R. Hotka. Signed by Judge Jane Magnus-Stinson on 6/2/2017. (MAC) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
13

ORDER granting 4 Motion to Appear pro hac vice. Attorney Glenn Schlactus for NELLY ESPINOZA,Glenn Schlactus for FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.,Glenn Schlactus for MORY KAMANO,Glenn Schlactus for MARVIN MARTINEZ,Glenn Schlactus for NORMA TEJEDA added. Signed by Judge Jane Magnus-Stinson on 6/2/2017. (MAC) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
14

ORDER granting 10 Motion to Appear pro hac vice. Attorney Robert D. Friedman for NELLY ESPINOZA,Robert D. Friedman for FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.,Robert D. Friedman for MORY KAMANO,Robert D. Friedman for MARVIN MARTINEZ,Robert D. Friedman for NORMA TEJEDA added. Copy to Robert Friedman via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 6/2/2017. (MAC) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
15

ORDER granting 11 Motion to Appear pro hac vice. Attorney Laura Gaztambide-Arandes for NELLY ESPINOZA,Laura Gaztambide-Arandes for FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.,Laura Gaztambide-Arandes for MORY KAMANO,Laura Gaztambide-Arandes for MARVIN MARTINEZ,Laura Gaztambide-Arandes for NORMA TEJEDA added. Copy to Laura Gaztambide-Arandes via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 6/2/2017. (MAC) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
16

CERTIFICATE OF SERVICE by All Plaintiffs re 1 Complaint, 5 Summons Issued (Attachments: # 1 Exhibit Ex. A - Return Receipts)(Schlactus, Glenn) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
17

MOTION for Attorney(s) Joseph J. Wardenski to Appear pro hac vice (Filing fee $100, receipt number 0756-4451418), filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA. (Attachments: # 1 Exhibit Ex. A - Certification of Joseph J. Wardenski, # 2 Text of Proposed Order)(Schlactus, Glenn) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
18

MOTION to Withdraw Attorney Appearance of Robert D. Friedman, filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA. (Attachments: # 1 Text of Proposed Order)(Schlactus, Glenn) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
19

CERTIFICATE OF SERVICE by All Plaintiffs re 1 Complaint, 5 Summons Issued (CORRECTED EXHIBIT) (Attachments: # 1 Exhibit Ex. A - Return Receipts (CORRECTED))(Schlactus, Glenn) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
20

ORDER granting 17 Motion to Appear pro hac vice. Attorney Joseph J. Wardenski for NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, and NORMA TEJEDA added. Signed by Judge Jane Magnus-Stinson on 7/19/2017 (dist made) (CBU) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
21

ORDER granting 18 Motion to Withdraw Attorney Appearance. Attorney Robert D. Friedman withdrawn as counsel for the Plaintiffs. Signed by Judge Jane Magnus-Stinson on 7/19/2017. (CBU) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
22

NOTICE of Appearance by Brian W. Welch on behalf of Defendants EMPIRE HOLDING CORP., JAMES R. HOTKA, RAINBOW REALTY GROUP, INC.. (Welch, Brian) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
23

NOTICE of Appearance by Briana Lynn Clark on behalf of Defendants EMPIRE HOLDING CORP., JAMES R. HOTKA, RAINBOW REALTY GROUP, INC.. (Clark, Briana) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
24

NOTICE of Appearance by Andrew M. Pendexter on behalf of Defendants EMPIRE HOLDING CORP., JAMES R. HOTKA, RAINBOW REALTY GROUP, INC.. (Pendexter, Andrew) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
25

NOTICE of Parties' First Extension of Time, filed by Defendants EMPIRE HOLDING CORP., JAMES R. HOTKA, RAINBOW REALTY GROUP, INC.. (Welch, Brian) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
26

Corporate Disclosure Statement by EMPIRE HOLDING CORP.. (Welch, Brian) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
27

Corporate Disclosure Statement by RAINBOW REALTY GROUP, INC.. (Welch, Brian) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
28

ORDER REASSIGNING CASE - Pursuant to 28 U.S.C. Section 137 and Local Rule 40-1(f), this matter has been reassigned to Magistrate Judge Tim A. Baker. Judge Denise K. LaRue is no longer assigned to the case. Please include the new case number,1:17-cv-01782-JMS-TAB, on all future filings in this matter. Signed by Judge Jane Magnus-Stinson on 7/24/2017. (NLR) Modified on 7/24/2017 (NLR). (dist made) (Entered: 07/24/2017)

July 24, 2017

July 24, 2017

PACER
29

SCHEDULING ORDER: Initial Pretrial Conference set for 9/14/2017 10:00 AM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 8/16/2017.(SWM) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
30

ENTRY RESETTING INITIAL PRETRIAL CONFERENCE: IT IS HEREBY ORDERED by the Court that the above referenced cause is reassigned for an initial pretrial conference on October 12, 2017, at 11 a.m. All requirements set forth in the Court's order of August 16, 2017, [Docket No. 29] remain in effect. The initial pretrial conference set for September 14, 2017, is hereby VACATED. Signed by Magistrate Judge Tim A. Baker on 8/25/2017.(SWM) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
31

ANSWER to 1 Complaint, Affirmative Defenses, and Jury Demand, filed by JAMES R. HOTKA, RAINBOW REALTY GROUP, INC..(Welch, Brian) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
32

MOTION for Leave to File Amended Complaint, filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA. (Attachments: # 1 Exhibit 1 - First Amended Complaint, # 2 Exhibit 2 - Redline of Original Complaint, # 3 Text of Proposed Order)(Schlactus, Glenn) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
33

ORDER granting Plaintiffs' 32 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Tim A. Baker on 9/21/2017. (SWM) (Entered: 09/22/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
34

AMENDED COMPLAINT and Jury Demand against All Defendants, filed by All Plaintiffs.(SWM) (Entered: 09/22/2017)

Sept. 21, 2017

Sept. 21, 2017

RECAP
35

Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA and Defendants Rainbow Realty Group, Inc., Empire Holding Corp., and James R. Hotka. (Wardenski, Joseph) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER
36

DEFENDANTS' ANSWER to 34 Amended Complaint (FIRST AMENDED CLASS ACTION COMPLAINT, AFFIRMATIVE DEFENSES, AND JURY DEMAND), filed by All Defendants.(Welch, Brian) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
37

Joint MOTION for Protective Order, filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA. (Attachments: # 1 Text of Proposed Order)(Wardenski, Joseph) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
38

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Discovery due by August 30, 2018. Dispositive Motions due by January 30, 2019. The Court, on its own motion vacates the initial pretrial conference set for 11 a.m. on October 12, 2017. A status conference is set for this case for January 11, 2018, at 9 a.m. Counsel shall appear by telephone, with counsel calling the Judge's staff at 317-229-3660. Signed by Magistrate Judge Tim A. Baker on 10/10/2017. (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
39

ESI Supplement to CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA and Defendants Rainbow Realty Group, Inc., et al.. (Wardenski, Joseph) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
40

STIPULATED PROTECTIVE ORDER 37 APPROVED. Signed by Magistrate Judge Tim A. Baker on 10/31/2017.(SWM) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
41

NOTICE of Initial Extension, filed by Defendants EMPIRE HOLDING CORP., JAMES R. HOTKA, RAINBOW REALTY GROUP, INC. (Clark, Briana) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
42

Witness List and Exhibit List (Preliminary), filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA. (Wardenski, Joseph) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
43

ORDER REASSIGNING CASE. Clerk is directed to reassign case to Judge Robert L. Miller, Jr. Signed by Judge Jane Magnus-Stinson on 12/7/2017. (JD) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
44

NOTICE of Reassignment of Case to Judge Robert L. Miller, Jr. Judge Jane Magnus-Stinson no longer assigned to the case. Please include the new case number, 1:17-cv-01782-RLM-TAB, on all future filings in this matter. (JD) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
45

MOTION for Extension of Time to 12/18/2017 to Respond to Discovery Requests, filed by Defendants EMPIRE HOLDING CORP., JAMES R. HOTKA, RAINBOW REALTY GROUP, INC.. (Attachments: # 1 Text of Proposed Order)(Pendexter, Andrew) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
46

ORDER granting 45 Motion for Extension of Time to 12/18/2017 to respond to discovery requests. Signed by Magistrate Judge Tim A. Baker on 12/11/2017. (CBU) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
47

Unopposed MOTION for Extension of Time to February 28, 2018 to Extend the Deadline to Amend the Pleadings and/or to Join Additional Parties, filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA. (Attachments: # 1 Exhibit 1 - December 14, 2017 email from B. Clark to L. Arandes, # 2 Text of Proposed Order)(Gaztambide-Arandes, Laura) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
48

Exhibit List, filed by Defendants EMPIRE HOLDING CORP., JAMES R. HOTKA, RAINBOW REALTY GROUP, INC., Witness List, filed by Defendants EMPIRE HOLDING CORP., JAMES R. HOTKA, RAINBOW REALTY GROUP, INC.. (Welch, Brian) (Entered: 12/29/2017)

Dec. 29, 2017

Dec. 29, 2017

PACER
49

ORDER granting Plaintiffs' 47 Motion to Extend the Deadline to Amend the Pleadings and/or to Join Additional Parties to 2/28/2018. Signed by Magistrate Judge Tim A. Baker on 1/4/2018. (SWM) (Entered: 01/05/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER
50

ORDER ON JANUARY 11, 2018, TELEPHONIC STATUS CONFERENCE AND ORDER SETTING TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel January 11, 2018, for a telephonic status conference. Discussion held regarding discovery, settlement, and related matters. This cause is set for a telephonic status conference at 2 p.m. on May 30, 2018. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to discuss case status and settlement. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER
51

Unopposed MOTION for Extension of Time to 3/22/2018 for Plaintiffs to Respond to Defendants' Discovery Requests, filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA. (Attachments: # 1 Text of Proposed Order)(Wardenski, Joseph) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER
52

ORDER granting Plaintiffs' 51 Motion for Extension of Time to respond to Defendants' discovery requests to 3/22/2018. Signed by Magistrate Judge Tim A. Baker on 2/16/2018. (SWM) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

PACER
53

Unopposed MOTION for Leave to File Second Amended Class Action Complaint, filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, NORMA TEJEDA. (Attachments: # 1 Exhibit 1 - Second Amended Class Action Complaint, # 2 Exhibit 2 - Redline Indicating Changes from First Amended Class Action Complaint, # 3 Text of Proposed Order)(Wardenski, Joseph) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
54

ORDER granting Plaintiffs' 53 Motion for Leave to File Second Amended Class Action Complaint. Signed by Magistrate Judge Tim A. Baker on 3/13/2018. (SWM) (Entered: 03/14/2018)

March 13, 2018

March 13, 2018

PACER
55

SECOND AMENDED CLASS ACTION COMPLAINT with Jury Demand against EMPIRE HOLDING CORP., JAMES R. HOTKA and RAINBOW REALTY GROUP, INC., filed by MORY KAMANO, NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MARVIN MARTINEZ, NORMA TEJEDA and SPENCER CORDELL.(SWM) (Entered: 03/14/2018)

March 13, 2018

March 13, 2018

RECAP
56

Unopposed MOTION for Extension of Time to 04/05/2018 for Plaintiffs to Respond to Defendants' Discovery Requests, filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, CORDELL SPENCER, NORMA TEJEDA. (Attachments: # 1 Text of Proposed Order)(Wardenski, Joseph) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
57

MOTION for Attorney(s) Jennifer I. Klar to Appear pro hac vice (Filing fee $100, receipt number 0756-4807372), filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, CORDELL SPENCER, NORMA TEJEDA. (Attachments: # 1 Exhibit A - Certification of Jennifer I. Klar in Support of Motion to Appear Pro Hac Vice, # 2 Text of Proposed Order)(Schlactus, Glenn) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
58

ORDER granting Plaintiffs' 56 Motion for Extension of Time to respond to Defendants' discovery requests to 4/5/2018. Signed by Magistrate Judge Tim A. Baker on 3/27/2018. (SWM) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
59

ORDER granting 57 Motion to Appear pro hac vice. Attorney Jennifer I. Klar for NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, CORDELL SPENCER, and NORMA TEJEDA added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Jennifer I Klar via US Mail. Signed by Magistrate Judge Tim A. Baker on 3/27/2018. (SWM) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
60

DEFENDANTS' ANSWER to 55 Amended Complaint, AFFIRMATIVE DEFENSES, AND JURY DEMAND, filed by EMPIRE HOLDING CORP., JAMES R. HOTKA, RAINBOW REALTY GROUP, INC..(Welch, Brian) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

PACER
61

MOTION for Extension of Time to 4/20/2018 to Respond to Defendants' Discovery Requests for Plaintiffs Espinoza and Martinez, filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, CORDELL SPENCER, NORMA TEJEDA. (Attachments: # 1 Text of Proposed Order)(Wardenski, Joseph) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
62

ORDER granting Plaintiffs' 61 Motion for Extension of Time to Respond to Defendants' Discovery Requests for Plaintiffs Martinez and Espinoza to 4/20/2018. Signed by Magistrate Judge Tim A. Baker on 4/6/2018. (SWM) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER
63

Unopposed MOTION for Extension of Time to 05/04/2018 to Respond to Defendants' Discovery Requests for Plaintiffs Espinoza and Martinez, filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, CORDELL SPENCER, NORMA TEJEDA. (Attachments: # 1 Text of Proposed Order)(Gaztambide-Arandes, Laura) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
64

ORDER granting Plaintiffs' 63 Motion for Extension of Time to Respond to Defendants' Discovery Requests to 5/4/2018. Signed by Magistrate Judge Tim A. Baker on 4/23/2018. (SWM) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
65

ENTRY RESETTING TELEPHONIC STATUS CONFERENCE: IT IS HEREBY ORDERED by the Court that the above referenced cause is reassigned for a telephonic status conference on June 4, 2018, at 11 a.m. All requirements set forth in the Court's order of January 17, 2018, [Docket No. 50 ] remain in effect. The telephonic status conference set for May 30, 2018, is hereby VACATED. Signed by Magistrate Judge Tim A. Baker on 5/1/2018.(SWM) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
66

Joint MOTION to Modify Case Management Plan, filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, CORDELL SPENCER, NORMA TEJEDA. (Attachments: # 1 Text of Proposed Order)(Gaztambide-Arandes, Laura) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

PACER
67

Unopposed MOTION for Extension of Time to 05/18/2018 to Respond to Defendants' Discovery Requests for Plaintiffs Espinoza and Martinez, filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, CORDELL SPENCER, NORMA TEJEDA. (Attachments: # 1 Text of Proposed Order)(Gaztambide-Arandes, Laura) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
68

ORDER granting Plaintiffs' 67 Motion for Extension of Time to respond to Defendants' Discovery Requests to 5/18/2018. Signed by Magistrate Judge Tim A. Baker on 5/9/2018. (SWM) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
69

ORDER granting Parties' 66 Joint Motion to Modify Case Management Plan. See Order for established deadlines. Signed by Magistrate Judge Tim A. Baker on 5/10/2018.(SWM) (Entered: 05/10/2018)

May 10, 2018

May 10, 2018

PACER
70

MOTION to Dismiss Voluntarily Claims by Plaintiffs Nelly Espinoza and Marvin Martinez, filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, CORDELL SPENCER, NORMA TEJEDA. (Wardenski, Joseph) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

RECAP
71

Submission of Proposed Order Dismissing Claims of Nelly Espinoza and Marvin Martinez Only, re 70 MOTION to Dismiss Voluntarily Claims by Plaintiffs Nelly Espinoza and Marvin Martinez, filed by Plaintiffs NELLY ESPINOZA, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, MARVIN MARTINEZ, CORDELL SPENCER, NORMA TEJEDA. (Wardenski, Joseph) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

RECAP
72

ORDER ON JUNE 4, 2018, TELEPHONIC STATUS CONFERENCE AND ORDER SETTING TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel June 4, 2018, for a telephonic status conference. Discussion was held regarding discovery, settlement, and related matters. This cause is set for a telephonic status conference at 2 p.m. on June 26, 2018. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to discuss ongoing discovery disputes. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
73

ORDER - Pursuant to Fed. R. Civ. P. 41(a)(2) and based on plaintiffs Nelly Espinoza and Marvin Martinez's representation that they have settled with the defendants, the court GRANTS their motion for voluntary dismissal [Doc. No. 70 ] and DISMISSES the claims of plaintiffs Nelly Espinoza and Marvin Martinez against the defendants with prejudice, each party to bear its own costs. This order doesn't affect the claims of the remaining plaintiffs in the case. Signed by Judge Robert L. Miller, Jr on 6/18/2018. (BRR) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

RECAP
74

Joint MOTION FOR ENTRY OF RULE 502 ORDER PRESERVING PRIVILEGE, filed by Defendant RAINBOW REALTY GROUP, INC.. (Attachments: # 1 Text of Proposed Order)(Clark, Briana) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
75

ORDER granting 74 Joint Motion for Entry of Rule 502 Order Preserving Privilege. (See Order.) Signed by Judge Robert L. Miller, Jr on 6/20/2018. (BRR) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
76

ORDER VACATING TELEPHONIC STATUS CONFERENCE: Comes now the Court, on its own motion, and vacates the telephonic status conference set for June 26, 2018, at 2 p.m. Signed by Magistrate Judge Tim A. Baker on 6/22/2018.(SWM) (Entered: 06/25/2018)

June 22, 2018

June 22, 2018

PACER
77

Joint MOTION to Modify Case Management Plan, filed by Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, CORDELL SPENCER, NORMA TEJEDA. (Attachments: # 1 Text of Proposed Order)(Gaztambide-Arandes, Laura) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
78

ORDER granting Parties' 77 Joint Motion to Modify Case Management Plan. See Order for established deadlines. Signed by Magistrate Judge Tim A. Baker on 7/24/2018.(SWM) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
79

MOTION for Attorney(s) Andrea M. Lowe to Appear pro hac vice (Filing fee $100, receipt number 0756-5059241), filed by Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, CORDELL SPENCER, NORMA TEJEDA. (Attachments: # 1 Exhibit Certification of A. Lowe in Support of Motion, # 2 Text of Proposed Order)(Schlactus, Glenn) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

PACER
80

ORDER granting 79 Motion to Appear pro hac vice. Attorney Andrea M. Lowe for FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, CORDELL SPENCER and NORMA TEJEDA added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Andrea M. Lowe via US Mail. Signed by Magistrate Judge Tim A. Baker on 9/14/2018. (SWM) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
81

Unopposed MOTION to Enter Order Concerning Production of Documents and Information Subject to Fair Credit Reporting Act, filed by Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, CORDELL SPENCER, NORMA TEJEDA. (Attachments: # 1 Text of Proposed Order)(Gaztambide-Arandes, Laura) (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER
82

ORDER Concerning Plaintiffs' 81 Production of Documents and Information Subject to Fair Credit Reporting Act. See Order. Signed by Magistrate Judge Tim A. Baker on 9/27/2018. (SWM) (Entered: 09/28/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
83

Unopposed MOTION for Extension of Time to 11/14/2018 to Respond to Defendants' Second Discovery Requests, filed by Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, CORDELL SPENCER, NORMA TEJEDA. (Attachments: # 1 Text of Proposed Order)(Gaztambide-Arandes, Laura) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
84

ORDER granting Plaintiffs' 83 Motion for Extension of Time to respond to Defendants' second set of discovery requests to 11/14/2018. Signed by Magistrate Judge Tim A. Baker on 11/6/2018. (SWM) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
85

Joint MOTION to Modify Case Management Plan, filed by Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, CORDELL SPENCER, NORMA TEJEDA. (Attachments: # 1 Text of Proposed Order)(Gaztambide-Arandes, Laura) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
86

ORDER granting 85 Motion to Modify Case Management Plan deadlines Dispositive Motions due by 9/9/2019.. Signed by Magistrate Judge Tim A. Baker on 11/20/2018. (CBU) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
87

MOTION for Leave to File Third Amended Class Action Complaint, filed by Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, CORDELL SPENCER, NORMA TEJEDA. (Attachments: # 1 Exhibit 1 - Third Amended Class Action Complaint, # 2 Exhibit 2 - Redline Indicating Changes from Second Amended Complaint, # 3 Text of Proposed Order)(Gaztambide-Arandes, Laura) (Entered: 12/17/2018)

1 Exhibit 1 - Third Amended Class Action Complaint

View on PACER

2 Exhibit 2 - Redline Indicating Changes from Second Amended Complaint

View on PACER

3 Text of Proposed Order

View on PACER

Dec. 17, 2018

Dec. 17, 2018

RECAP
88

Unopposed MOTION for Extension of Time to File Response to January 21, 2019 re 87 MOTION for Leave to File Third Amended Class Action Complaint, filed by Defendants EMPIRE HOLDING CORP., JAMES R. HOTKA, RAINBOW REALTY GROUP, INC.. (Attachments: # 1 Text of Proposed Order Order Granting Agreed Motion for Extension of Time)(Clark, Briana) (Entered: 12/31/2018)

Dec. 31, 2018

Dec. 31, 2018

PACER
89

ORDER granting Defendants' 88 Motion for Extension of Time to File Response to 1/21/2019 re 87 MOTION for Leave to File Third Amended Class Action Complaint. Signed by Magistrate Judge Tim A. Baker on 1/2/2019. (SWM) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
90

Unopposed MOTION to Modify Case Management Plan, filed by Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, CORDELL SPENCER, NORMA TEJEDA. (Attachments: # 1 Text of Proposed Order)(Klar, Jennifer) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
91

ORDER granting Plaintiffs' 90 Motion to Modify Case Management Plan. Deadline for Plaintiffs' expert witness disclosures: January 30, 2019. Deadline for Defendants' expert witness disclosures: March 22, 2019. Signed by Magistrate Judge Tim A. Baker on 1/9/2019. (SWM) (Entered: 01/10/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
92

RESPONSE in Opposition re 87 MOTION for Leave to File Third Amended Class Action Complaint, filed by Defendants EMPIRE HOLDING CORP., JAMES R. HOTKA, RAINBOW REALTY GROUP, INC.. (Attachments: # 1 Exhibit A - Answers to Interrogatories, # 2 Exhibit B - Response to FHCCI's Motion for Leave to Appear (Belated), # 3 Exhibit C - Rainbow 30(b)(6) Testimony)(Clark, Briana) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
93

Unopposed MOTION to Modify Case Management Plan, filed by Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, CORDELL SPENCER, NORMA TEJEDA. (Attachments: # 1 Text of Proposed Order)(Gaztambide-Arandes, Laura) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
94

REPLY in Support of Motion re 87 MOTION for Leave to File Third Amended Class Action Complaint, filed by Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, CORDELL SPENCER, NORMA TEJEDA. (Gaztambide-Arandes, Laura) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
95

NOTICE of Errata, filed by Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, CORDELL SPENCER, NORMA TEJEDA (Attachments: # 1 Exhibit 1 - Deposition Excerpts) (Gaztambide-Arandes, Laura) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
96

ORDER granting Plaintiffs' 93 Motion to Modify Case Management Plan. The Case Management Plan deadlines set forth in the Court's January 9, 2019 Order (ECF No. 91 ) are modified as follows: * Deadline for Plaintiffs' production of the expert report of Steven Meyer: February 13, 2019 * Deadline for Defendants' production of any rebuttal reports to the expert report of Steven Meyer: April 5, 2019. Signed by Magistrate Judge Tim A. Baker on 2/5/2019. (SWM) (Entered: 02/05/2019)

Feb. 5, 2019

Feb. 5, 2019

PACER
97

Unopposed MOTION to Modify Case Management Plan, filed by Defendants EMPIRE HOLDING CORP., JAMES R. HOTKA, RAINBOW REALTY GROUP, INC.. (Attachments: # 1 Text of Proposed Order Granting Unopposed Motion to Modify CMP)(Welch, Brian) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
98

ORDER granting Defendants' 97 Motion to Modify the Case Management Plan. See Order for established deadlines. Given the amount of time this case has been pending and prior extensions of time granted, the Court will be reluctant to further enlarge CMP deadlines. Signed by Magistrate Judge Tim A. Baker on 2/22/2019.(SWM) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
99

ORDER granting Plaintiffs' 87 Motion for Leave to File Third Amended Class Action Complaint. Signed by Magistrate Judge Tim A. Baker on 3/8/2019. (SWM) (Entered: 03/11/2019)

March 8, 2019

March 8, 2019

PACER
100

AMENDED COMPLAINT against JAMES R. HOTKA, RAINBOW REALTY GROUP, INC., SUNSHINE TRUST, REDSKINS TRUST, SPORTING TRUST, ALLEY CAT TRUST, SHORE WATERS DEVELOPMENT LLC and SUNFLOWER TRUST, filed by CORDELL SPENCER, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., MORY KAMANO, NORMA TEJEDA, and MARIA GASPAR.(SWM) (Entered: 03/11/2019)

March 8, 2019

March 8, 2019

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