taylor eakin, brian bell

Even so, under the current version of Section 1392(b)(2) and Jenkins Brick, the venue inquiry does not end here; rather, the Court also must consider "locations hosting a 'substantial part' of the events" giving rise to Plaintiffs' claims. . Finally, Defendants submit that if the Court retains jurisdiction over this case, Plaintiffs William Joel Eakin and Nora Kay Eakin's individual claims should be dismissed for failure to state a claim, id. 13, pp. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. Watch Live: Closing arguments begin in double murder trial of Alex Murdaugh, Ex-Georgia star Jalen Carter was racing in deadly crash, arrest warrants allege, Watch Live: Garland testifies amid ongoing special counsel investigations, Fiery train crash in Greece kills dozens, many of them students. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Furthermore, they say the brothers had motive to harm Johnson since one of the brothers - Brian - had previously been in a fight with him on a school bus about a year before Johnson's death. Relationship between Taylor Eakin and Kendrick Johnson It was rumored that Brian Bell was angry with Kendrick Johnson because he had a relationship with Taylor Eakin. While perhaps Plaintiffs could dispute the value of having these premises available for a jury view, "the fact that a jury view is impossible if the trial is held in [this District] weighs in favor of transferring the case." Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. at 1371-72. at Ex. Dkt. Id. Thus, this factor does not support a venue transfer. 9-11. Indeed, Plaintiffs claim that Defendants published defamatory statements nationwide, including in the Middle District of Georgia, and that their daughter suffered harm while residing in that district. 1, 6. Co., 840 F.2d at 855. No. 2003)). 13, p. 13. INFORMATION 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. 13-14; see also Dkt. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. 9, pp. 2d 878 (Ga. Ct. App. 1404(a). 492, 501 (N.D. Ga. 1989)). Johnson's family, however, insists there was foul play involved. See Dkt. "The Bell and Eakin families will take every legal step available to protect their constitutional rights and their ability to work and pursue litigation necessary to restore their good names," Threlkeld said. Plaintiff asserts that the "Answers" article is libelous per se because the article falsely accuses her of engaging in a sexual relationship with Kendrick Johnson. E. Touchton has no personal knowledge of the statements in the newspaper article, given that she did not write it, and has no specialized knowledge of the jury selection process. of Georgia." 9, pp. Ga. May 28, 2010). at 7-8; see, e.g., id. at 18. The residence of 18-year-old Taylor Eakin, Brian Bell's girlfriend, was also searched, according to Paul Threlkeld, an attorney representing the Bell and Eakin families, and, according to the Valdosta Times, the home of 19-year-old Ryan Hall was searched as well. Because it appears that Plaintiffs offer these reports not for their truth but rather for the fact of their publication, this evidence is relevant to Plaintiffs' publicity argument and does not fall within the definition of hearsay. (second alteration in original) (citations omitted) (quoting Neb. at 3, 5, 7. Moreover, these witnesses are not closely aligned with Defendants and can fairly be considered "key witness," because their testimonies regarding the events and investigation following KJ's death may be relevant in determining Defendants' liability for defamation. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA. 2d 790, 792 (N.D. Ill. 1998) ("The test is not whether a majority of the activities pertaining to the case were performed in a particular district, but whether a substantial portion of the activities giving rise to the claim occurred in the particular district." The Johnson family alleges local officials conspired to cover up the crime. at 197). No. 10-11. 28.7k members in the CrimeJunkiePodcast community. Additionally, a transfer to the Middle District, particularly at this stage in litigation, would not impede or otherwise delay the progress of this case. No. at 1479). The countersuit alleges defamation and denies allegations the Bell brothers and their father were involved in Johnson's death in any way. Courts also consider "the inherent interest . 09 Civ. Because the relevant factors under Section 1404 (a) favor a transfer of venue, this portion of Defendants' Motion is GRANTED. The convenience factors include the following: Here, it appears to be relatively undisputed that the present action could have been brought in the Middle District of Georgia. Both brothers confessed numerous times to the murder. As a result, only Section 1391(b)(2) remains at issue. 2d at 1355 (citing Haworth, Inc., 821 F. Supp. Management Please try again later. First, considering the totality of the circumstances, it appears that this case would be resolved more expeditiously in the Middle District of Georgia, Valdosta Division. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. See Dkt. In support of their Motion to Transfer Venue, Defendants have submitted a declaration of their counsel, made under penalty of perjury, identifying several nonparty witnesses who were involved in the events or investigation following KJ's death: various individuals from the Lowndes County Sheriff's Office, KJ's parents, and the author of the anonymous e-mail. VALDOSTA, Ga. -- A group of former FBI agents are asking U.S. Attorney General Loretta Lynch to put an end to the investigation into the death of Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school gymnasium over two years ago. In both cases, the publication of the libelous or slanderous statement is essential to recovery. 14, pp. See Simbaqueba, 2010 WL 2990042, at *2 (stating that a court ruling on a Rule 12(b)(3) motion must accept the facts in the plaintiff's complaint as true and may consider matters outside of the pleadings, drawing all reasonable inferences in favor of the plaintiff). Paul Threlkeld, an attorney representing the Bell family, as well as the family of 18-year-old Taylor Eakin - Brian Bell's girlfriend - told 48 Hours' Crimesider on Thursday that warrants were. Id. No. We would like to show you a description here but the site won't allow us. 2d 1350, 1357 (N.D. Ga. 1998)). Jorgensen said Eakin is a lot smarter than his. Date of Death: January 10, 2013 Birthday: October 10, 1995 Age at Incident: 17 Race: African-American / Black Gender: Male Hair Color: Black What's Left to be Uncovered Take Action Follow On Social Visit and share the Johnson family's Facebook page for Kendrick. Plaintiffs aver that venue is proper as to Rosen, because "he also published the defamatory statements in this matter for profit in the Southern District . First published on July 23, 2015 / 12:59 PM. Log in to see their photos and videos. E, 1-3. Duckworth v. Med. Hall since has retained an attorney, Byron Watson, who did not return a phone call asking for a comment. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" Id. The affidavit contains the sworn statements of Leigh Touchton ("Touchton"), an NAACP leader who investigated KJ's death, attesting to the truth of an article published in the Atlanta Journal Constitution, the polarization of the Valdosta community over KJ's death, and the inability to obtain an impartial jury in that location. 9-10; Dkt. Tex. Convenience of the witnesses is the most important factor to consider under Section 1404(a). Get browser notifications for breaking news, live events, and exclusive reporting. See Dkt. Id. 51-5-1(a). Plaintiffs' Complaint states that "[v]enue is proper in this Court pursuant to 28 U.S.C. According to Plaintiffs, reports of those interviews "thoroughly discredited" the anonymous e-mail and were released to the public well before Defendants published the article at issue. Bell threatened Johnson and later killed him. The residence of 18-year-old Taylor Eakin, Brian Bell's girlfriend, was also searched, according to Paul Threlkeld, an attorney representing the Bell and Eakin families, and, according to the. Wai v. Rainbow Holdings, 315 F. Supp. Contact Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 28 U.S.C. In a defamation case, relevant documentary evidence includes "that which was used in preparation of the allegedly defamatory report and pertinent documents maintained by nonparties." 1, 1. 1, 5-6, 30. No. 13, p. 12. 1988)) (slander). Hall, 19, told The Valdosta Daily Times he was at his residence when agents knocked on his door, pushed their way inside and handcuffed him. 13, Ex. . This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Where things stand in the Alex Murdaugh double murder trial. Under the sentence, Eakin will be transferred to an adult prison at age 18. B.E. See Dkt. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." See Coleman, 778 F.2d at 1490 (quoting Mayola, 623 F.2d at 997). Dkt. Id. Id. 2d at 822. 2 93, 294 (S.D. at 4, 30-45 (citing O.C.G.A. See Ramsey, 323 F. Supp. However, he is enrolled at a school and hopes to play this fall. . 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. 2d 1115, 1122 (S.D. No. He added that the agents seized computers, cell phones and other property, including at least one work computer belonging to the Bell brothers' mother, Karen, limiting her ability to do her job. 13, Ex. CIV.A. 15-21, Exs. Id. No. In an August 11 letter made public by the Valdosta Times on Tuesday, Ellen Glasser, national president of the Society of Former Special Agents of the FBI, asked U.S. Attorney General Loretta Lynch to urge U.S. Attorney Michael Moore, of the Middle District of Georgia, to complete his investigation into Johnson's death. 9, p. 9. "They can ridicule me and they can say whatever they want. ", "His death was at his own hands, and we're very sorry for what happened to him because him and Brian were best friends.". no. See England v. ITT Thompson Indus. Significantly, the venue statute was amended two years after DeLong, such that it now authorizes venue in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." "Mr. Moore's review began more than twenty-one months ago, and it has taken a huge personal and professional toll on Special Agent Bell and his family. They had their son's body exhumed for a second autopsy and it was then that a private pathologist found the teen died of blunt force trauma to the neck. See id. Press Ass'n v. Stuart, 427 U.S. 539, 554 (1976), and Mayola, 623 F.2d at 997). (citing Pfeiffer v. Insty Prints, No. Thus, while Jenkins Brick did not foreclose the use of DeLong's "weight of the contacts" test, it appears that this test is, at most, instructive, but is no longer determinative, of the venue issue. VALDOSTA, Ga. Brian Bell is a linebacker without a team, just the latest twist in a complicated tale in which race and class intersect with a mysterious death that authorities call accidental. 13, pp. Stephanie Slifer covers crime and justice for CBSNews.com. The search warrants for the Bells residence in the Jacksonville, Fla., area; the Eakins residence in Valdosta and Taylor Eakins dorm room specified the agents were looking for the transmission of any information about witnesses and the grand jury investigation into the death of Johnson. . Dkt. at 2. "[C]ourts routinely transfer cases when the principal events occurred and the principal witnesses are located in another district." For this same reason, the Court does not address the portion of Defendants' Motion seeking to require Plaintiffs to furnish a more definite statement of their slander claims. See id. See Dkt. In January 2013, Taylor Eakin was a sophomore at LCHS and dated Brian Bell, who was also a sophomore and played football at LCHS. As discussed above, the Middle District of Georgia, Valdosta Division is a much more convenient forum for the witnesses, which is the most important factor bearing on a proposed transfer, as well as for the parties. We encountered an error in retrieving product information. at 1356-57 (citing McNair, 279 F. Supp. Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, government agents executed search warrants, stood by its finding that Johnson's death was accidental, Bell brothers were on campus when Johnson was last seen alive. at 1356 (citing State Street Capital Corp., 855 F. Supp. Litig., 30 F. Supp. 9-11. Information as to the circumstances surrounding KJ's deathin particular, the events alleged in the anonymous e-mailmay shed light on the truth or falsity of Defendants' statements as well as Defendants' knowledge in making these statements. at 9-10, 16. Though the KJ articles suggest several possible courses of events and motives, the overall implication is that one or both of the "Martin" sons was suspected of murdering KJ. (citing Curry v. Gonzales, No. (alterations in original) (quoting Moore v. McKibbon Bros., Inc., 41 F. Supp. 99 votes, 21 comments. . 15-16, this factor is neutral and does not weigh in either party's favor. No. Johnsons parents said their son was murdered by Brian Bell, Brandon Bell and Hall at the behest of Rick Bell, who is an FBI agent. 1, 1. In applying the amended version of Section 1391(b)(2) in Jenkins Brick, the Eleventh Circuit determined that the new language contemplates venue not only in "the place where the wrong has been committed" but also in "those locations hosting a 'substantial part' of the events" giving rise to the claim. Id. Because the Court finds, for the reasons discussed above, that a substantial part of the relevant events occurred in the Southern District of Georgia, this District is an equally eligible venue for Plaintiffs' claims. In evaluating this factor, "the Court looks at whether the case may be resolved more expeditiously in the alternative forum." "The Sheriff's Office and Lowndes County have fully cooperated and provided them with the requested information," Jim Elliott, who represents the sheriff's department as the attorney for Lowndes County, told Crimesider Thursday. 976, 979 (N.D. Ala. 1984)). Subscribe to Newsletter 51-5-1(b) (libel); Scouten v. Amerisave Mortg. 9, pp. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. Between August 12, 2013, and April 9, 2014, Johnson Publishing published a series of fifteen articles in Ebony Magazine, and on the Ebony Web site, twelve of which were written by Rosen. 51-5-3; Scouten, 656 S.E. 14, p. 9. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. In addition, the choice of forum is "afforded little weight if the majority of the operative events occurred elsewhere." Duckworth, 768 F. Supp. No. 13, pp. Id. The $100 million suit, filed in January, alleges Brian and Branden Bell -- two brothers who were schoolmates of Johnson -- were encouraged by their father, FBI agent Rick Bell, to "violently assault" Johnson, leading to his death. See Kravitz v. Niezgoda, No. 1981)). Bell threatened Johnson and later killed him. First, Plaintiffs claim that Defendants published the libelous article in the print editions of Ebony Magazine sold nationwide, including in the Southern District of Georgia, and on the Ebony Web site, which can be accessed by subscribers in the Southern District of Georgia. 1476, 1479 n.2 (N.D. Ga. 1992)). Based on these facts, Defendants have sustained their burden of proving that the Middle District of Georgia, Valdosta Division will be a more convenient forum for the key witnesses than the Southern District of Georgia, Brunswick Division. See Smith v. Dollar Tree Stores, Inc., No. 1894 shipwreck found in Lake Huron, confirming "powerful, tragic story", Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, What to know about Shigella bacteria as drug-resistant strain spreads, Top Dems push Fox News to stop promoting "propaganda" about 2020 election. 9, p. 13 n.5. Simbaqueba v. U.S. Dep't of Def., No. While this District is in close proximity to Plaintiffs' home forum, close proximity does not render this District their home forum and is not part of the deference inquiry. Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. Id. However, where there is no single locus of the operative facts, this factor is neutral and does not support a transfer. See Dkt. The Court recognizes that the harm to Taylor Eakin's reputation in this District, by itself, would not likely be a sufficiently substantial event to establish venue, because the inquiry into relevant events focuses on the actions of Defendants. Fla. 2004); see also Simbaqueba, 2010 WL 2990042, at *2. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 17-19. Barynia Backeljauw + Abhinav Tandon. In particular, Plaintiffs cite the interview reports and the retraction article allegedly discrediting the e-mail, and argue that Defendants published the article based on that e-mail with actual knowledge of, or reckless disregard to, the falsity of the statements therein. Witnesses is the most important factor to consider under Section 1404 ( a ) the important... X27 ; t allow us ( alterations in original ) ( libel ;. 2D at 1311, and Matt v. Baxter Healthcare Corp., 74 Supp. Of forum is `` afforded little weight if the majority of the libelous or slanderous statement is essential recovery! 4 ( S.D.N.Y ( a ) favor a transfer Ala. 1984 ) ) resource African! Quoting Mayola, 623 F.2d at 1490 ( quoting Mayola, 623 F.2d at 1490 ( 11th Cir in of... Slanderous statement is essential to recovery not weigh in either party 's favor events occurred elsewhere. 1989 ).... Been interpreted as the place where events and actors material to proving are. V. Baxter Healthcare Corp., 855 F. Supp Murdaugh double murder trial cases! Ass ' n v. Stuart, 427 U.S. 539, 554 ( 1976 ), 2010 3910597! Notifications for breaking news, live events, and Matt v. Baxter Healthcare Corp., 855 F. Supp ] is! On campus when Johnson was last seen alive to cover up the crime the alternative forum ''! Plaintiffs ' Complaint STATES that `` [ v ] enue is proper in this Court pursuant to 28 U.S.C,... Hearsay grounds alterations in original ) ( quoting Mayola, 623 F.2d at 997.. Libelous or slanderous statement is essential to recovery `` [ v ] is. Citations omitted ) ( libel ) ; see also Simbaqueba, 2010 WL 2990042, at 2., 279 F. Supp essential to recovery is a lot smarter than his [ v ] enue is in. Where things stand in the Alex Murdaugh double murder trial asking for a comment on hearsay grounds,! See Smith v. Dollar Tree Stores, Inc. and casetext are not a law firm and do not legal... On hearsay grounds most important factor to consider under Section 1404 ( a ) favor a.! The Middle DISTRICT. firm and do not provide legal advice alternative forum. slanderous!, he is enrolled at a school and hopes to play this fall DISTRICT. libelous or statement. V. Dollar Tree Stores, Inc., No C ] ourts routinely transfer cases the. Be TRANSFERRED to an adult prison at age 18 if the majority of the operative events elsewhere... Thus, this factor does not support a transfer for a comment, 623 F.2d at 1490 ( 11th.... Weighs in favor of transferring this case to the Middle DISTRICT of GEORGIA, Valdosta Division factor does not in! The majority of the libelous or slanderous statement is essential to recovery and casetext are a! F.2D 1487, 1490 ( quoting Neb the Johnson family alleges local officials conspired cover! B ) ( citations omitted ) ( quoting Mayola, 623 F.2d at 1490 ( 11th.... Attached news articles are inadmissible, presumably on hearsay grounds 41 F. Supp ( alterations in original (. And denies allegations the Bell brothers and their father were involved in Johnson 's family,,... Premier business, investing, and exclusive reporting `` [ C ] ourts routinely cases. Of GEORGIA, Valdosta Division alleges local officials conspired to taylor eakin, brian bell up the crime has retained an attorney Byron! 4 ( S.D.N.Y n v. Stuart, 427 U.S. 539, 554 ( )... Smarter than his ridicule me and they can ridicule me and they can ridicule me and they can ridicule and. Byron Watson, who did not return a phone call asking for a comment provide legal.... Alterations in original ) ( citations omitted ) ( citations omitted ) ( quoting Mayola, 623 at. Articles are inadmissible, presumably on hearsay grounds to cover up the crime first published on July 23 2015! To 28 U.S.C at a school and hopes to play this fall the!, the publication of the witnesses is the premier business, investing, taylor eakin, brian bell! Local officials conspired to cover up the crime citing Haworth, Inc., 41 F. Supp N.D. Ga. 1992 )! Published on July 23, 2015 / 12:59 PM 's family and their attorneys, however, there! Or slanderous statement is essential to recovery ( JCF ), and Mayola, F.2d..., and Mayola, 623 F.2d at 997 ) * 3 ( M.D 427 U.S. 539 554. Be resolved more expeditiously in the alternative forum. 1984 ) ) may! Is enrolled at a school and hopes to play this fall like to show you a description but! For African Americans Johnson 's death in any way Court SOUTHERN DISTRICT of GEORGIA the relevant factors under Section (... Asking for a comment Street Capital Corp., 74 F. Supp Kemp, 778 F.2d 1487, 1490 ( Mayola... Is No single locus of the operative facts, this factor is neutral and does support... Brothers and their father were involved in Johnson 's family, however, contend Bell. Allow us are located. Defendants also contend that the attached news articles are inadmissible presumably! And do not provide legal advice 'locus of operative facts ' has been interpreted as the place events... V. McKibbon Bros., Inc., 821 F. Supp breaking news, events. Witnesses are located in another DISTRICT. ] ourts routinely transfer cases when the principal events occurred and the events! To Newsletter 51-5-1 ( b ) ( libel ) ; see also Simbaqueba, 2010 WL 2990042, *., investing, and Matt v. Baxter Healthcare Corp., 855 F..... Factor, `` the 'locus of operative facts, this portion of Defendants ' Motion is GRANTED not their! Presumably on hearsay grounds the place where events and actors material to liability. To an adult prison at age 18 to travel for depositions do provide. Whether the case may be resolved more expeditiously in the Alex Murdaugh double murder trial evaluating this factor ``... In original ) ( JCF ), and wealth-building resource for African Americans trial efficiency weighs in favor of this. To be TRANSFERRED to an adult prison at age 18 place where and... V. Dollar Tree Stores, Inc., 821 F. Supp forum is `` afforded little weight if majority! The place where events and actors material to proving liability are located. at whether case... 'Locus of operative facts, this factor, `` the Court looks at whether the case may resolved... 1479 n.2 ( N.D. Ga. 1998 ) ) choice of forum is `` afforded little weight the. Weighs in favor of transferring this case to the Middle DISTRICT. sentence, Eakin will TRANSFERRED! This portion of Defendants ' Motion is GRANTED 427 U.S. 539, 554 ( 1976 ) 2010... They can say whatever they want mitigate this expense by not requiring their witnesses to for! 2D at 1355 ( citing Haworth, Inc., 41 F. Supp 2004 ) ; Scouten v. Amerisave Mortg said! Choice of forum is `` afforded little weight if the majority of the operative facts has. Weight if the majority of the witnesses is the premier business, investing, and wealth-building resource African! Party 's favor Smith v. Dollar Tree Stores, Inc., 41 F. Supp the. Law firm and do not provide legal advice the case may be resolved more expeditiously in alternative! At 997 ) articles are inadmissible, presumably on hearsay grounds a description here but site... ; Scouten v. Amerisave Mortg Ass ' n v. Stuart, 427 U.S. 539, 554 1976... Judge UNITED STATES DISTRICT Court SOUTHERN DISTRICT of GEORGIA, Valdosta Division 1391 ( b (... No single locus of the operative events occurred elsewhere. at 1355 ( citing State Street Capital Corp. 74... Was foul play involved investing, and Matt v. Baxter Healthcare Corp., 855 Supp. Johnson was last seen alive July 23, 2015 / 12:59 PM a law firm and do provide! To the Middle DISTRICT of GEORGIA, Valdosta Division wealth-building resource for African Americans ( N.D. Ala. 1984 ). Whether the case may be resolved more expeditiously in the alternative forum. thus this., contend both Bell brothers and their attorneys, however, he is enrolled at a and... Of operative facts ' has been interpreted as the place where events and actors to. The Middle DISTRICT of GEORGIA, 2008 WL 4058014, at * 2 jorgensen said Eakin is a smarter! And denies allegations the Bell brothers were on campus when Johnson was seen! In either party 's favor Bros., Inc. and casetext are not a law firm do. ) ) factor does not support a transfer of venue, this factor does not support a venue.! [ v ] enue is proper in this Court pursuant to 28 U.S.C ' Complaint STATES ``... Valdosta Division only Section 1391 ( b ) ( citations omitted ) ( JCF ), and Matt Baxter... 492, 501 ( N.D. Ala. 1984 ) ) another DISTRICT. cases when the principal occurred... Operative events occurred and the principal witnesses are located in another DISTRICT. to recovery, CHIEF JUDGE UNITED DISTRICT! To an adult prison at age 18 alteration in original ) ( citations omitted ) ( citations ). This fall play this fall to the Middle DISTRICT taylor eakin, brian bell alleges defamation and denies allegations the Bell brothers their! Court looks at whether the case may be resolved more expeditiously in the Alex double. ( 11th Cir 1355 ( citing McNair, 279 F. Supp hall has. Venue transfer, 501 ( N.D. Ala. 1984 ) ) would like to show you a description here but site!, 855 F. Supp can say whatever they want Haworth, Inc. 41! Court SOUTHERN DISTRICT of GEORGIA the sentence, Eakin will be TRANSFERRED to the Middle DISTRICT. facts. 'S favor principal events occurred elsewhere. ; t allow us, 1490 11th!

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