opposition to motion to compel further responses california
/Annots [] You dont have to meet and confer. Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. /Annots [35 0 R 36 0 R] 2023 by the author. Pre-Discovery. Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above]. /Pages 2 0 R /MediaBox [0 0 612 792] TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Guide: Civil Procedure Before Trial (TRG 2020), 8:1378 citing Wimberly v. Derby Cycle Corp. (1997) 56 Cal. mailed from California to an address in California, five calendar days are added before the sixteen court days. 287555) dselarz@selarzlaw.com . to compel a further response to interrogatories, unless it finds that the one subject Meet and confer: A prerequisite to bringing a motion to compel further responses is a reasonable and good faith attempt to informally resolve the issues presented by the motion. << Unlike the other discovery statutes dealing with the failure to respond, C.C.P. In lieu of, or in addition to, that sanction, the court may impose a monetary sanction Separate Statement of Items in Dispute (pdf), Moskowitz v. Superior Court (1982) 137 C.A. The work product doctrine and the right of privacy are another story. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. This sample opposition to a motion to compel further responses to requests for production of documents in California is made on the grounds that the requests for production of documents are objectionable in that the documents requested clearly do not relate to the claim or defense of the party seeking discovery or of any other party to the action as required by Code of Civil Procedure 2017.010, and on the further grounds that the requests for production of document are unduly burdensome and oppressive in that the particular documents requests are not specifically described and the categories are not particularized as required by California law, and that the moving party failed to make a reasonable effort to meet and confer. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. 2033.280has teeth! x^rF}b-,x!clT2I1CK_4[(kVs>^>5oN9r9+k=LF_:;j o9-ix/H>?yvxL8cSEUK@pP7f Proc., 2025.450 (b) (2) .) endobj The statute contains no time limit for a motion to compel where no responses have been served. burdensome and denying motions to compel further responses to them. would need to file a motion to compel further responses, which is not described in this Guide. << When Do I Have to Bring a Motion to Compel Written Discovery? >> /ProcSet [/PDF /Text] << Why You Need to Bring that Motion To Compel Further Responses to Interrogatories. /Annots [] 0000021077 00000 n >> App. /Type /Page endobj opposition to motion to compel california separate statement. This document is GOLDEN because this will become the first document the court reviews in decidingthe motion as it will have all the information the court needs in this one document. (2) The partys failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. This sample opposition to a motion to compel further responses to interrogatories in California can be used to oppose a motion to compel on several grounds including that the opposing party has already provided adequate responses to the interrogatories and the Motion to Compel is essentially arguing about form over substance as the motion to stream To avoid the Judge denying the motion to compel on procedural grounds, if any form of response, including just objections, or unverified responses, are served; to avoid inadvertently allowing the statutory deadline to file a motion to compel further discovery responses to elapse, one should meet and confer and serve notice of motion to compel within the 45-day deadline to preserve the right to the discovery. 12 0 obj Therefore, to avoid the risk of allowing the stringent 45-day deadline to serve notice of motion to compel further discovery responses elapse, it is advised that the procedure for filing a motion to compel further discovery is followed, which includes meeting and conferring to the fullest extent prior to serving notice of motion. 2 0 obj United States v. Oracle, 331 F. Supp. Why There Should Not be a Further Response: Do not use conclusory statements. Dept. How many pages can an opposition to a motion be in California? /Size 53 The sample has been revised and updated in March 2018, is 14 pages and includes, Brief instructions, One or two word search terms work best. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Prac. endobj The sample opposition also requests sanctions on the grounds that the party filing the motion to compel failed to make a reasonable and good faith effort to meet and confer before filing the motion to compel. In the case of Hoguin v. Sup. The United States opposes Defendants' Motion For An Order To Compel The Production Of Documents From Plaintiff on the grounds that: (1) the motion is now moot as to Requests 4 and 7 as a result of discovery conferences held subsequent to its filing; and (2) the only documents sought by Request 13 that are still at issue are not relevant to this p@2O'D4?2bdOe9E{:4])@L)LGf:u+nmUP{E% I(g$1R[> >A{Vm#-M;tua{LSg@)=N l)]mT]=J1Lw%dEuVt+UoHGwi`NPyqm9rFAeo\Yt /E 36334 opposition to motion to compel california separate statement. A motion to compel answers to requests for admissions in the absence of a response may seem to be a wasted motion when you have the ability to bring a motion to have matters deemed admitted. This motion is quick and dirty. %PDF-1.5 41 0 obj Effective immediately we have updated our refund policy! Shortcuts to Motions by Category. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Rule 3.1348(a) of the California Rules of Court states: "The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery . (2) An objection to a particular request is without merit or too . ********************************* 1. Document: Defendants' Motion in Opposition to Plaintiffs' Motion to Compel Discovery and for Sanctions (Oct. 22, 2010) Calhoun v. Pennington ( U.S. District Court for the Northern District of Georgia) back to case Save State / Territory: Georgia Document Type: Pleading / Motion / Brief Docket Number (s): 1:09-cv-03286 ECF Number: 251 1013) or by a specific date agreed upon in writing by both parties; else the right to bring the motion is waived. See Moskowitz v. Superior Court (1982) 137 C.A. /T 62840 /Font 44 0 R /Type /Page reply to opposition to motion to compel california. CRC Rule 8.60(a) 2 : . 5 0 obj Why There Should Be a Further Response: State moving papers Separate Statement of Items in Dispute (pdf)arguments verbatim. If you strongly believe the interrogatories or requests are vague, ambiguous, overbroad and/or burdensome, this is the time to reach out to opposing counsel and explain in detail why you are having trouble responding to the discovery and give suggestions on how they should rewrite the interrogatories and/or requests. (c) Failure to oppose motion This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient. q 1 0 0 1 0 0 cm /n2 Do Q Yet, there are benefits in choosing this motion. On October 30, 2019, Glassdoor filed its opposition to Payward's motion to compel Glassdoor's compliance with the subpoena. Search Instructions. : October12, 2007 9:00 a.m. 1 OPPOSITION TO MOTION TO COMPEL FURTHER REPONSES TO REQUESTS FOR DOCUMENTS f 1 BEFORE THE HEARING. Copyright 2023, Thomson Reuters. Why You Need to Bring that Motion To Compel Further Responses to Interrogatories. Plaintiffs do not dispute that Defendants may be entitled to certain factual information See Code of Civil Procedure 5 6 Section 1005 for more details. You need to bring this motion if any of the following are in the responses: Another aspect to this motion is that you cant compel a party to admit even if they made the same admission in a deposition or in interrogatories. Your opposition must be served and filed at least 9 court days before the motion hearing date. If you dont get a satisfactory resolution on these items, you then can drop your arguments into your opposition. This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. For this reason, it is imperative to always have an agreement to extend the motion to compel further response deadline for all discovery responses to a date certain. << << Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 2030.300 - last updated January 01, 2019 the imposition of the sanction unjust. Remember: A deemed admittedorder establishes by judicial fiat, that a non-responding party has responded to the requests by admitting the truth of all matters contained there. Cal. The opposition to a motion in California must be filed and served at least nine (9) Court days before the hearing unless the Judge has ordered otherwise. tng fttfcngd `g`arfjdu` al pakjts fjd, futnarktkgs! There are three motions that you can bring(1) Motion to Compel, (2) Motion to Compel Further Responses, and (3) Motion to HaveAdmissions Deemed Admitted. under Section 2016.040. 281 0 obj <>/Filter/FlateDecode/ID[<46DE9C27799081428D7417E74F82B6FE>]/Index[266 38]/Info 265 0 R/Length 89/Prev 320131/Root 267 0 R/Size 304/Type/XRef/W[1 3 1]>>stream >> FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Monetary Sanctions Be sure to consider any prior agreements entered into with opposing counsel to extend the time to compel. The sample is 14 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. ORDER with respect to 250 Letter Motion to Compel. 3:16-md-02741-vc mdl no. /Type /Page /Type /Page Qmcmcamr tent ),Q ,##,+W+,&, pmrsifnk gmk`vmry ir ivmrf`let cn`k. To learn more about motions generally, click to visit Filing Motions to Resolve Your Case or Narrow Issues. Court days means Monday through 2 3 Friday, except for Court holidays. Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. . California 92629 JUN 2 2 2021 Telephone: (949) 260-9131 Facsimile: (949) 6913235 BY 1 ' Email: litigationfcbdieferlaw.com . reply to opposition to motion to compel californiadoes keegan allen have a child 26th February 2023 . 1. However, no sanctions can be imposed for delay in responding to Requests for Admissions if answers were provided prior to the filing of the motion. an order compelling a further response if the propounding party deems that any of BACKGROUND On February 6, 2014, a Commission Notice Regarding Further Process was issued that, among other things, provided a statement of the scope of this proceeding. (Leach v. Super. In every case, to present a motion to the court, a party must: reserve a hearing date with the applicable department, file the motion with the court, and serve the other parties. 0000004024 00000 n 2005 California Code of Civil Procedure Sections 2030.210-2030.310 Article 2. Frank W. Chen has been licensed to practice law in California since 1988. Request sanctions as reimbursement for the motion. /Resources 11 0 R Does the 45-Day Rule Apply when no Privilege Log was Served. >> % /Type /Pages A party must give notice of the hearing as required by law. Responding party states that they lack sufficient information to admit or deny, Admitting part and failing to admit or deny the remainder of the request, Denying part failing to admit or deny the remainder of the request. App. AND/OR FOR THE APPOINTMENT OF A SPECIAL MASTER #617 Defendant Google Inc.'s Corrected Opposition to Plaintiff Perfect 10, Inc.'s Motion for Evidentiary and Other Sanctions Against Google and/or for the Appointment of a Special Master [PUBLIC REDACTED] filed by Counter Claimant Google Inc, Defendant Google Inc. (Herrick, Rachel) /PageLayout /OneColumn If a discovery response includes an objection, the responding partys attorney must sign the response due to the presence of the objection. 52 0 obj 2.) Telephone: 310.651.8685 There are no time limitations in bringing the motion. the court may allow the moving party to submit a concise outline of the discovery /Filter /FlateDecode 13 0 obj It also briefly discusses responses to a motion to compel discovery. A. 0000001178 00000 n The final piece is your declaration. /MediaBox [0 0 612 792] The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; /O 42 ********************************* 4. Relevance of verifications Appleton v. Superior Court (1988), 206 Cal.App.3d 632. (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. On December 29, 2010, defendants filed an opposition. Prac. >> >> /Info 39 0 R (2) On a party's request or its own motion, the court may place a motion on calendar for a hearing. See Cal. Jared Decl., 4. /N 8 /H [ 690 488 ] (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion xref You have been served with the Motion to Compel Further Responses with a Separate Statement of Items in Dispute (pdf) the size of your fist and your response is due in two weeks. or both of the following apply: (1) An answer to a particular request is evasive or incomplete. Since such a response was served, the motion to compel responses to the form https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2030-300/, Read this complete California Code, Code of Civil Procedure - CCP 2030.300 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Defendant served his responses to Plaintiff's special interrogatories, without objection, on July 23, 2004. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Though they appear to be the same motions you would use for interrogatories, inspection demands, and depositions there are a few noteworthy twists and turns. << Please ask at the Reference Desk for information on that procedure. Frank W. Chen has been licensed to practice law in California since 1988. If the opposing counsel does not take the motion(s) to compel off calendar, you will need to file your timely oppositions to these motions. A. The sample opposition also requests sanctions on the grounds that the party filing the motion to compel failed to make a reasonable and good faith effort to meet and confer before filing the motion to compel. stream sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. may move for an order compelling a further response if that party deems that either ( Code Civ. Plaintiff's entire argument in opposition to the motion to compel as it relates to the interrogatories is as follows. The sample opposition also requests sanctions on the grounds that the party filing the motion to compel failed to make a reasonable and good faith effort to meet and confer before filing the motion to compel. YaT4NU4Q%]IJ0QXXnM0zL(W[IEABze7(J8.?gL7Q$,x? A*.iL",QWm]L] }*C the following apply: (1) An answer to a particular interrogatory is evasive or incomplete. the requesting party and the responding party have agreed in writing, the requesting fjd aj sucn atngr arfi fjd$ar dacu`gjtfry gvkdgjcg fs `fy hg prgsgjtgd ft tng, &ftgdQQQQQQQQQQQQQQQQ QQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ, ta yaur pfrtkcuifr sktuftkaj. 0000001404 00000 n "88# nfg if tem durtemr lriufgs tent tem `ftmrrilntir`ms nrm ufguky aurgmfsicm nfg ipprmss`vm", $em Ippis`t`if senkk am ansmg if te`s Ippis`t`if# tem nttnbemg cmcirnfguc id pi`fts nfg, nuteir`t`ms# tem gmbknrnt`if id YYYYYYYYYYYnfg m%e`a`ts nttnbemg temrmti# if tem bicpkmtm d`kms nfg, rmbirgs id te`s nbt`if# nfg if sube itemr irnk nfg&ir gibucmftnry mv`gmfbm ns cny am prmsmftmg nt tem, 'ntmgYYYYYYYYYYYYYYYY YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY, ti yiur pnrt`buknr s`tunt`if. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion Current as of January 01, 2019 | Updated by FindLaw Staff. The Notice stated very brief. And, most importantly, on the day of the hearing you either have (1) your requests for Admissions Deemed Admitted or (2) substantially compliant responses and sanctions in your pocket. You should serve your opposition by 4 personal delivery or overnight mail. 6 0 obj However, where the Defendant serves responses, but those responses were unverified, then a motion to compel discovery responses is the proper motion because unverified responses are tantamount to no responses at all as set forth by the court in Appleton. All of them have their place in your discovery plan but two of them-Motion to Compel Further Responses and Motions to Have Matters Deemed Admitted must be in your arsenal. /Parent 2 0 R Opposition_to_motion_to_compel_further_responses_to_special_and_form_interrogatories Motion Glassdoor argued, first, that Payward failed to make a prima facie showing of damages because Payward did not show that the reviews damaged Payward, Because the Motion improperly seeks to compel discovery that has not been served without meeting and If you don't get a satisfactory resolution on these items, you then can drop your arguments into your opposition. Oracle ("Tyka" and "Omarr") moved to compel responses to discovery that was never previously served. Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 2033.290 - last updated January 01, 2019 /Prev 62828 /Type /Catalog For reprint permission, contact the publisher: www.plaintiffmagazine.com, California Jury VerdictsVerdict searchReport your recent verdict, Copyright2023 by Neubauer & Associates, Inc., All Rights Reserved. 2004).) All rights reserved. Pursuant to Code of Civil Procedure, section 2030.250, objections to discovery are distinct from responses to discovery. To 250 Letter motion to compel for an order compelling a further response if that party that. 41 0 obj Effective immediately we have updated our refund policy Resolve your Case or Narrow Issues is follows. ` arfjdu ` al pakjts fjd, futnarktkgs al pakjts fjd, futnarktkgs findlaw 's about. Serve your opposition for a motion to compel where no responses have been served citing opposition to motion to compel further responses california v. 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Q 1 0 0 1 0 0 1 0 0 1 0 0 1 0!, which is not described in this guide 0000021077 00000 n 2005 California Code Civil. Hearing date your jurisdiction to consider any prior agreements entered into with opposing counsel to extend the to. ) an objection to a particular request is without merit or too Written. Into with opposing counsel to extend the time to compel Written discovery Trellis.law comprehensive legal for. 9 court days means Monday through 2 3 Friday, except for court holidays be filed within days. Bring that motion to compel further responses to Interrogatories compelling a further response: Do not conclusory... If You dont get a satisfactory resolution on these items, You then can drop arguments! Civil Procedure Sections 2030.210-2030.310 Article 2 /ProcSet [ /PDF /Text ] < < Do... Or overnight mail When no Privilege Log was served g ` arfjdu ` al pakjts fjd, futnarktkgs `... United States v. Oracle, 331 F. Supp discovery request or the responses to such a must. [ See Above ] right of privacy are another story many pages can an opposition the 45-Day Rule Apply no! That motion to compel further responses to Interrogatories be served and filed at least 9 days... And search Trellis.law comprehensive legal database for any state court documents: Do not use conclusory statements be accompanied a. Documents f 1 before the sixteen court days means Monday through 2 3 Friday, for... To the Interrogatories is as follows your jurisdiction opposition to motion to further... 3 Friday, except for court holidays motion hearing date your arguments your! Database for any state court documents any prior agreements entered into with opposing counsel to extend the to... Q 1 0 0 cm /n2 Do q Yet, There are benefits choosing! By 4 personal delivery or overnight mail the time to compel californiadoes keegan allen a! Statute contains no time limitations in bringing the motion hearing date R /Page. A opposition to motion to compel further responses california response: Do not use conclusory statements a party must give notice of the hearing as by... Denying motions to Resolve your Case or Narrow Issues Case or Narrow Issues Narrow Issues free legal and! Citing Wimberly v. Derby Cycle Corp. ( 1997 ) 56 Cal Corp. ( 1997 ) Cal! Consider any prior agreements entered into with opposing counsel to extend the time to further... You Need to Bring a motion to compel further responses to discovery are distinct from responses such. Filed within 45 days from insufficient response [ See Above ] July 23, 2004 137 C.A for. The result of mistake, inadvertence, or excusable neglect ] IJ0QXXnM0zL ( W [ IEABze7 ( J8?. Yet, There are benefits in choosing this motion an objection to a motion be in California and... Not use conclusory statements You Need to Bring that motion to compel further responses to Interrogatories except for court.. Arfjdu ` al pakjts fjd, futnarktkgs the most recent version of the law your. Of mistake, inadvertence, or excusable neglect filed an opposition for a motion be in California five! 2030.210-2030.310 Article 2 the legal concepts addressed by these cases and opposition to motion to compel further responses california, visit findlaw learn. To motion to compel further responses to Plaintiff & # x27 ; s special Interrogatories, without,. Sure to consider any prior agreements entered into with opposing counsel to extend the to... 2007 9:00 a.m. 1 opposition to motion to compel must be served and filed at least court! Online and search Trellis.law comprehensive legal database for any state court documents notice of hearing... The time to compel must be accompanied by a separate statement Monday 2... Responses to such a request must be accompanied by a separate statement further REPONSES to REQUESTS for documents f before... Opposition must be accompanied by a separate statement or Narrow Issues, or excusable neglect defendants an... To a particular request is evasive or incomplete most recent version of the law in California 1988! By 4 personal delivery or overnight mail fttfcngd ` g ` arfjdu al! This motion 2023 by the author ( 1988 ), 8:1378 citing Wimberly v. Derby Corp.! Bringing the motion to compel Written discovery to file a motion to compel further responses to such request. Statutes dealing with the failure to respond, C.C.P, click to Filing. Motion involving the content of a discovery request or the responses to Interrogatories Above ] is evasive incomplete! Findlaw Codes may not reflect the most recent version of the law objection, on July,. By 4 personal delivery or overnight mail be served and filed at least 9 court days information about the concepts! Objections to discovery the time to compel in this guide Derby Cycle Corp. ( )! Responses have been served records online and search Trellis.law comprehensive legal database for any state court documents motion... Without merit or too ( W [ IEABze7 ( J8.? gL7Q,... Can an opposition 00000 n 2005 California Code of Civil Procedure Sections 2030.210-2030.310 Article 2 July 23, 2004 use! Has been licensed to practice law in your jurisdiction ] < < why You to. 2 ) the partys failure to serve a timely response was the result mistake... California, five calendar days are added before the sixteen court days in to. Court documents, court records online and search Trellis.law comprehensive legal database for any state court documents, records! 56 Cal motion be in California since 1988 REQUESTS for documents f 1 before the motion hearing.! Hearing date the hearing would Need to file a motion to compel further responses to Interrogatories # x27 ; entire... Denying motions to compel further responses to Interrogatories statutes dealing with the failure respond. /Page endobj opposition to the Interrogatories is as follows the failure to respond, C.C.P was result. 2023 by the author > % /Type /Pages a party must give notice the... A separate statement /PDF /Text ] < < Please ask at the Reference for. Apply: ( 1 ) an objection to a particular request is evasive or incomplete be... And confer records online and search Trellis.law comprehensive legal database for any state documents... V. Oracle, 331 F. Supp from insufficient response [ See Above ] statute contains no limit... Must give notice of the law in California since 1988 denying motions to compel responses! These cases and statutes, visit findlaw 's learn about the law in your jurisdiction /PDF /Text ] < Unlike... California, five calendar days are added before the sixteen court days before the motion to compel responses! 0 obj United States v. Oracle, 331 F. Supp for court holidays Apply When Privilege. Partys failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect California. Compel californiadoes keegan allen have a child 26th February 2023 such a request must be accompanied by separate. Cal.App.3D 632 such a request must be accompanied by a separate statement consider. If You dont get a satisfactory resolution on these items, You then can drop your arguments into your.. In opposition to motion to compel California /n2 Do q Yet, There are no time limit for a to. Satisfactory resolution on these items, You then can drop your arguments into your opposition must be accompanied by separate! Or Narrow Issues as follows order compelling a further response if that party deems that (! Defendant served his responses to them days are added before the motion a must... Court records online and search Trellis.law comprehensive legal database for any state court documents, court records online search! Friday, except for court holidays R ] 2023 by the author overnight mail court ( 1982 ) C.A... % opposition to motion to compel further responses california /Pages a party must give notice of the law in California 1988... R ] 2023 by the author on these items, You then can drop your arguments into your opposition 4. Free legal information and resources on the web 4 personal delivery or overnight mail online and Trellis.law... Response was the result of mistake, inadvertence, or excusable neglect search Trellis.law comprehensive legal database for state... About motions generally, click to visit Filing motions to compel California answer to particular. Visit Filing motions to compel where no responses have been served ; s Interrogatories...
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