Antony Jackson v. City of Los Angeles

1 RLAacWhe lO SFtFeiInCbEa cOkF, S RBANC 3H1E0L70 S0T EINB ACK

2 P.O. Box 291253

3 Los Angeles, CA 90029

(t) 213-537-5370

4 (f) 213-232-4003

5 (e) steinbacklaw@gmail.com

6 Attorney for Plaintiffs

7

8 UNITED STATES DISTRICT COURT

9 FOR THE CENTRAL DISTRICT OF CALIFORNIA

10

ANTONY JACKSON and TOYA Case No. 2:19-CV-02254-GW-RAO

11 JACKSON, individually and on behalf of

their minor child, T.J., The Honorable George H. Wu

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13 Plaintiffs, S OT RI DP EU RLA 1 TED PROTECTIVE

v.

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15 CITY OF LOS ANGELES, and Los

Angeles Police Department DOES 1-20,

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17 Defendants.

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28 1 This Stipulated Protective Order is substantially based on the model protective order provided under

1 1. A. PURPOSES AND LIMITATIONS

2 Discovery in this action is likely to involve the production of confidential,

3 proprietary, or private information for which special protection from public disclosure

4 and from use for any purpose other than prosecuting this litigation may be warranted.

5 Accordingly, the parties hereby stipulate to and petition the Court to enter the following

6 Stipulated Protective Order. The parties acknowledge that this Order does not confer

7 blanket protections on all disclosures or responses to discovery and that the protection it

8 affords from public disclosure and use extends only to the limited information or items

9 that are entitled to confidential treatment under the applicable legal principles.

10 B. GOOD CAUSE STATEMENT

11 This action is likely to involve Los Angeles Police Department reports and body

12 camera videos for which special protection from public disclosure may be warranted and

13 which may be privileged or otherwise protected from disclosure under state or federal

14 statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow

15 of information, to facilitate the prompt resolution of disputes over confidentiality of

16 discovery materials, to adequately protect information the parties are entitled to keep

17 confidential, to ensure that the parties are permitted reasonable necessary uses of such

18 material in preparation for and in the conduct of trial, to address their handling at the end

19 of the litigation, and serve the ends of justice, a protective order for such information is

20 justified in this matter. It is the intent of the parties that information will not be

21 designated as confidential for tactical reasons and that nothing be so designated without

22 a good faith belief that it has been maintained in a confidential, non-public manner, and

23 there is good cause why it should not be part of the public record of this case.

24 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

25 The parties further acknowledge, as set forth in Section 12.3, below, that this

26 Stipulated Protective Order does not entitle them to file confidential information under

27 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the

28 standards that will be applied when a party seeks permission from the court to file

1 material under seal.

2 There is a strong presumption that the public has a right of access to judicial

3 proceedings and records in civil cases. In connection with non-dispositive motions, good

4 cause must be shown to support a filing under seal. See Kamakana v. City and County of

5 Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d

6 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576,

7 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing),

8 and a specific showing of good cause or compelling reasons with proper evidentiary

9 support and legal justification, must be made with respect to Protected Material that a

10 party seeks to file under seal. The parties’ mere designation of Disclosure or Discovery

11 Material as CONFIDENTIAL does not— without the submission of competent evidence

12 by declaration, establishing that the material sought to be filed under seal qualifies as

13 confidential, privileged, or otherwise protectable—constitute good cause.

14 Further, if a party requests sealing related to a dispositive motion or trial, then

15 compelling reasons, not only good cause, for the sealing must be shown, and the relief

16 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos

17 v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type

18 of information, document, or thing sought to be filed or introduced under seal in

19 connection with a dispositive motion or trial, the party seeking protection must articulate

20 compelling reasons, supported by specific facts and legal justification, for the requested

21 sealing order. Again, competent evidence supporting the application to file documents

22 under seal must be provided by declaration.

23 Any document that is not confidential, privileged, or otherwise protectable in

24 its entirety will not be filed under seal if the confidential portions can be redacted.

25 If documents can be redacted, then a redacted version for public viewing, omitting

26 only the confidential, privileged, or otherwise protectable portions of the document,

27 shall be filed. Any application that seeks to file documents under seal in their

28 entirety should include an explanation of why redaction is not feasible.

1 2. DEFINITIONS

2 2.1 Action: Antony Jackson et al. v. City of Los Angeles et al., Case No. 2:19-CV-

3 02254-GW-RAO

4 2.2 Challenging Party: a Party or Non-Party that challenges the designation of

5 information or items under this Order.

6 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is

7 generated, stored or maintained) or tangible things that qualify for protection under

8 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause

9 Statement.

10 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

11 support staff).

12 2.5 Designating Party: a Party or Non-Party that designates information or items

13 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”

14 2.6 Disclosure or Discovery Material: all items or information, regardless of the

15 medium or manner in which it is generated, stored, or maintained (including, among

16 other things, testimony, transcripts, and tangible things), that are produced or generated

17 in disclosures or responses to discovery in this matter.

18 2.7 Expert: a person with specialized knowledge or experience in a matter

19 pertinent to the litigation who has been retained by a Party or its counsel to serve as an

20 expert witness or as a consultant in this Action.

21 2.8 House Counsel: attorneys who are employees of a party to this Action. House

22 Counsel does not include Outside Counsel of Record or any other outside counsel.

23 2.9 Non-Party: any natural person, partnership, corporation, association or other

24 legal entity not named as a Party to this action.

25 2.10 Outside Counsel of Record: attorneys who are not employees of a party to

26 this Action but are retained to represent or advise a party to this Action and have

27 appeared in this Action on behalf of that party or are affiliated with a law firm that has

28 appeared on behalf of that party, and includes support staff.

1 2.11 Party: any party to this Action, including all of its officers, directors,

2 employees, consultants, retained experts, and Outside Counsel of Record (and their

3 support staffs).

4 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery

5 Material in this Action.

6 2.13 Professional Vendors: persons or entities that provide litigation support

7 services (e.g., photocopying, videotaping, translating, preparing exhibits or

8 demonstrations, and organizing, storing, or retrieving data in any form or medium) and

9 their employees and subcontractors.

10 2.14 Protected Material: any Disclosure or Discovery Material that is designated

11 as “CONFIDENTIAL.”

12 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from

13 a Producing Party.

14 3. SCOPE

15 The protections conferred by this Stipulation and Order cover not only Protected

16 Material (as defined above), but also (1) any information copied or extracted from

17 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

18 Material; and (3) any testimony, conversations, or presentations by Parties or their

19 Counsel that might reveal Protected Material.

20 Any use of Protected Material at trial shall be governed by the orders of the trial

21 judge. This Order does not govern the use of Protected Material at trial.

22 4. DURATION

23 Once a case proceeds to trial, information that was designated as

24 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as

25 an exhibit at trial becomes public and will be presumptively available to all members of

26 the public, including the press, unless compelling reasons supported by specific factual

27 findings to proceed otherwise are made to the trial judge in advance of the trial. See

28 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing

1 documents produced in discovery from “compelling reasons” standard when merits-

2 related documents are part of court record). Accordingly, the terms of this protective

3 order do not extend beyond the commencement of the trial.

4 5. DESIGNATING PROTECTED MATERIAL

5 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each

6 Party or Non-Party that designates information or items for protection under this Order

7 must take care to limit any such designation to specific material that qualifies under the

8 appropriate standards. The Designating Party must designate for protection only those

9 parts of material, documents, items or oral or written communications that qualify so that

10 other portions of the material, documents, items or communications for which protection

11 is not warranted are not swept unjustifiably within the ambit of this Order.

12 Mass, indiscriminate or routinized designations are prohibited. Designations that

13 are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,

14 to unnecessarily encumber the case development process or to impose unnecessary

15 expenses and burdens on other parties) may expose the Designating Party to sanctions.

16 If it comes to a Designating Party’s attention that information or items that it

17 designated for protection do not qualify for protection, that Designating Party must

18 promptly notify all other Parties that it is withdrawing the inapplicable designation.

19 5.2 Manner and Timing of Designations. Except as otherwise provided in this

20 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or

21 ordered, Disclosure or Discovery Material that qualifies for protection under this Order

22 must be clearly so designated before the material is disclosed or produced.

23 Designation in conformity with this Order requires:

24 (a) for information in documentary form (e.g., paper or electronic

25 documents, but excluding transcripts of depositions or other pretrial or trial

26 proceedings), that the Producing Party affix at a minimum, the legend

27 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that contains

28 protected material. If only a portion of the material on a page qualifies for protection, the

1 Producing Party also must clearly identify the protected portion(s) (e.g., by making

2 appropriate markings in the margins).

3 A Party or Non-Party that makes original documents available for inspection need

4 not designate them for protection until after the inspecting Party has indicated which

5 documents it would like copied and produced. During the inspection and before the

6 designation, all of the material made available for inspection shall be deemed

7 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

8 copied and produced, the Producing Party must determine which documents, or portions

9 thereof, qualify for protection under this Order. Then, before producing the specified

10 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page

11 that contains Protected Material. If only a portion of the material on a page qualifies for

12 protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,

13 by making appropriate markings in the margins).

14 (b) for testimony given in depositions that the Designating Party identifies

15 the Disclosure or Discovery Material on the record, before the close of the deposition all

16 protected testimony.

17 (c) for information produced in some form other than documentary and for

18 any other tangible items, that the Producing Party affix in a prominent place on the

19 exterior of the container or containers in which the information is stored the legend

20 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection,

21 the Producing Party, to the extent practicable, shall identify the protected portion(s).

22 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure

23 to designate qualified information or items does not, standing alone, waive the

24 Designating Party’s right to secure protection under this Order for such material. Upon

25 timely correction of a designation, the Receiving Party must make reasonable efforts to

26 assure that the material is treated in accordance with the provisions of this Order.

27 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

28 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of

1 confidentiality at any time that is consistent with the Court’s Scheduling Order.

2 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution

3 process under Local Rule 37.1 et seq.

4 6.3 The burden of persuasion in any such challenge proceeding shall be on the

5 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,

6 to harass or impose unnecessary expenses and burdens on other parties) may expose the

7 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn

8 the confidentiality designation, all parties shall continue to afford the material in

9 question the level of protection to which it is entitled under the Producing Party’s

10 designation until the Court rules on the challenge.

11 7. ACCESS TO AND USE OF PROTECTED MATERIAL

12 7.1 Basic Principles. A Receiving Party may use Protected Material that is

13 disclosed or produced by another Party or by a Non-Party in connection with this Action

14 only for prosecuting, defending or attempting to settle this Action. Such Protected

15 Material may be disclosed only to the categories of persons and under the conditions

16 described in this Order. When the Action has been terminated, a Receiving Party must

17 comply with the provisions of section 13 below (FINAL DISPOSITION).

18 Protected Material must be stored and maintained by a Receiving Party at a

19 location and in a secure manner that ensures that access is limited to the persons

20 authorized under this Order.

21 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

22 ordered by the court or permitted in writing by the Designating Party, a Receiving Party

23 may disclose any information or item designated “CONFIDENTIAL” only to:

24 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well

25 as employees of said Outside Counsel of Record to whom it is reasonably necessary to

26 disclose the information for this Action;

27 (b) the Receiving party, including its officers, directors, and employees

28 (including House Counsel) to whom disclosure is reasonably necessary for this Action;

1 (c) Experts (as defined in this Order) of the Receiving Party to whom

2 disclosure is reasonably necessary for this Action and who have signed the

3 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

4 (d) the court and its personnel;

5 (e) court reporters and their staff;

6 (f) professional jury or trial consultants, mock jurors, and Professional

7 Vendors to whom disclosure is reasonably necessary for this Action and who have

8 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

9 (g) the author or recipient of a document containing the information or a

10 custodian or other person who otherwise possessed or knew the information;

11 (h) during their depositions, witnesses, and attorneys for witnesses, in the

12 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

13 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not

14 be permitted to keep any confidential information unless they sign the

15 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed

16 by the Designating Party or ordered by the court. Pages of transcribed deposition

17 testimony or exhibits to depositions that reveal Protected Material may be separately

18 bound by the court reporter and may not be disclosed to anyone except as permitted

19 under this Stipulated Protective Order; and

20 (i) any mediator or settlement officer, and their supporting personnel,

21 mutually agreed upon by any of the parties engaged in settlement discussions.

22 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

23 IN OTHER LITIGATION

24 If a Party is served with a subpoena or a court order issued in other litigation that

25 compels disclosure of any information or items designated in this Action as

26 “CONFIDENTIAL,” that Party must:

27 (a) promptly notify in writing the Designating Party. Such notification shall

28 include a copy of the subpoena or court order;

1 (b) promptly notify in writing the party who caused the subpoena or order

2 to issue in the other litigation that some or all of the material covered by the

3 subpoena or order is subject to this Protective Order. Such notification shall include

4 a copy of this Stipulated Protective Order; and

5 (c) cooperate with respect to all reasonable procedures sought to be pursued

6 by the Designating Party whose Protected Material may be affected. If the Designating

7 Party timely seeks a protective order, the Party served with the subpoena or court order

8 shall not produce any information designated in this action as “CONFIDENTIAL”

9 before a determination by the court from which the subpoena or order issued, unless the

10 Party has obtained the Designating Party’s permission. The Designating Party shall bear

11 the burden and expense of seeking protection in that court of its confidential material

12 and nothing in these provisions should be construed as authorizing or encouraging a

13 Receiving Party in this Action to disobey a lawful directive from another court.

14 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED

15 IN THIS LITIGATION

16 (a) The terms of this Order are applicable to information produced by a

17 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

18 produced by Non-Parties in connection with this litigation is protected by the remedies

19 and relief provided by this Order. Nothing in these provisions should be construed as

20 prohibiting a Non-Party from seeking additional protections.

21 (b) In the event that a Party is required, by a valid discovery request, to

22 produce a Non-Party’s confidential information in its possession, and the Party is subject

23 to an agreement with the Non-Party not to produce the Non-Party’s confidential

24 information, then the Party shall:

25 (1) promptly notify in writing the Requesting Party and the Non-

26 Party that some or all of the information requested is subject to a confidentiality

27 agreement with a Non-Party;

28 (2) promptly provide the Non-Party with a copy of the Stipulated

1 Protective Order in this Action, the relevant discovery request(s), and a reasonably

2 specific description of the information requested; and

3 (3) make the information requested available for inspection by the

4 Non-Party, if requested.

5 (c) If the Non-Party fails to seek a protective order from this court within 14

6 days of receiving the notice and accompanying information, the Receiving Party may

7 produce the Non-Party’s confidential information responsive to the discovery request. If

8 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any

9 information in its possession or control that is subject to the confidentiality agreement

10 with the Non-Party before a determination by the court. Absent a court order to the

11 contrary, the Non-Party shall bear the burden and expense of seeking protection in this

12 court of its Protected Material.

13 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

14 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

15 Protected Material to any person or in any circumstance not authorized under this

16 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing

17 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

18 all unauthorized copies of the Protected Material, (c) inform the person or persons to

19 whom unauthorized disclosures were made of all the terms of this Order, and (d) request

20 such person or persons to execute the “Acknowledgment and Agreement to Be Bound”

21 that is attached hereto as Exhibit A.

22 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

23 PROTECTED MATERIAL

24 When a Producing Party gives notice to Receiving Parties that certain

25 inadvertently produced material is subject to a claim of privilege or other protection, the

26 obligations of the Receiving Parties are those set forth in Federal Rule of Civil

27 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

28 may be established in an e-discovery order that provides for production without prior

1 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

2 parties reach an agreement on the effect of disclosure of a communication or information

3 covered by the attorney-client privilege or work product protection, the parties may

4 incorporate their agreement in the stipulated protective order submitted to the court.

5 12. MISCELLANEOUS

6 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

7 person to seek its modification by the Court in the future.

8 12.2 Right to Assert Other Objections. By stipulating to the entry of this

9 Protective Order, no Party waives any right it otherwise would have to object to

10 disclosing or producing any information or item on any ground not addressed in this

11 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground

12 to use in evidence of any of the material covered by this Protective Order.

13 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected

14 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed

15 under seal pursuant to a court order authorizing the sealing of the specific Protected

16 Material at issue. If a Party’s request to file Protected Material under seal is denied by

17 the court, then the Receiving Party may file the information in the public record unless

18 otherwise instructed by the court.

19 13. FINAL DISPOSITION

20 After the final disposition of this Action, as defined in paragraph 4, within 60 days

21 of a written request by the Designating Party, each Receiving Party must return all

22 Protected Material to the Producing Party or destroy such material. As used in this

23 subdivision, “all Protected Material” includes all copies, abstracts, compilations,

24 summaries, and any other format reproducing or capturing any of the Protected Material.

25 Whether the Protected Material is returned or destroyed, the Receiving Party must

26 submit a written certification to the Producing Party (and, if not the same person or

27 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category,

28 where appropriate) all the Protected Material that was returned or destroyed and (2)

1 affirms that the Receiving Party has not retained any copies, abstracts, compilations,

2 summaries or any other format reproducing or capturing any of the Protected Material.

3 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

4 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

5 correspondence, deposition and trial exhibits, expert reports, attorney work product, and

6 consultant and expert work product, even if such materials contain Protected Material.

7 Any such archival copies that contain or constitute Protected Material remain subject to

8 this Protective Order as set forth in Section 4 (DURATION).

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1 | 14. VIOLATION

2 Any violation of this Order may be punished by appropriate measures including,

3 | without limitation, contempt proceedings and/or monetary sanctions.

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6 | ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.

7

g DATED: September 26, 2019 LAW OFFICE OF RACHEL STEINBACK

9 By: /s/ Rachel Steinback

10 Attorney for Plaintiffs

Il | DATED: September 26, 2019 MICHAEL N. FEUER, City Attorney

12 KATHLEEN A. KENEALY, Chief Asst. City Atty.

SCOTT MARCUS, Chief, Civil Litigation Branch

13 CORY M. BRENTE, Senior Asst. City Atty.

14 / rf

By: /S/ - Durckha AA Shepherd

15 SUREKHA A. SHEPHERD, Deputy City Atty.

16 Attorneys for Defendant City of Los Angeles

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: September 27, 2019

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1 Rapelis, Qn : Oe.

22 | HON. ROZELLA A. OLIVER

23 | United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER -|4-

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of

4 _________________ [print or type full address], declare under penalty of perjury

5 that I have read in its entirety and understand the Stipulated Protective Order that

6 was issued by the United States District Court for the Central District of California

7 on [date] in the case of Antony Jackson, et al., v. City of Los Angeles, et al. (Case No.

8 2:19-CV-02254-GW-RAO). I agree to comply with and to be bound by all the terms

9 of this Stipulated Protective Order and I understand and acknowledge that failure to

10 so comply could expose me to sanctions and punishment in the nature of contempt.

11 I solemnly promise that I will not disclose in any manner any information or item

12 that is subject to this Stipulated Protective Order to any person or entity except in

13 strict compliance with the provisions of this Order. I further agree to submit to the

14 jurisdiction of the United States District Court for the Central District of California for

15 enforcing the terms of this Stipulated Protective Order, even if such enforcement

16 proceedings occur after termination of this action. I hereby appoint

17 __________________________ [print or type full name] of

18 _______________________________________ [print or type full address and

19 telephone number] as my California agent for service of process in connection with

20 this action or any proceedings related to enforcement of this Stipulated Protective

21 Order.

22

23 Date: ______________________________________

24 City and State where sworn and signed: _________________________________

25 Printed name: _______________________________

26 Signature: __________________________________

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