There is nothing to indicate that the provision was the product of undue influence or overreaching. In 2020, United States District Court Judge Gregory Frizzell certified a nationwide class of drivers for a claim that JCT violated Oklahomas consumer protection law in selling the lease program utilizing alleged misrepresentations and concealing material facts. The deal makes Hirschbach one of the nation's largest refrigerated carriers, the news release says, bumping it from sixth on Transport Topics 2021 ranking to second on the list. at 581-82. Court for W. Dist. Good lease to make money. The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. Overall. "), and JCT replied, ECF No. LaCross, 95 F. Supp. 2002). Served on 03/25/2021. CERT. The settlement administrator will total the number of settlement shares for all Class Participants; the resulting sum will be divided into the Net Settlement Amount to reach a per share dollar figure. But after fuel. The most common ethnicity at John Christner Trucking is White (66%), followed by Hispanic or Latino (11%) and Black or African American (10%). A federal judge in Oklahoma approved separate class certifications for more than 3,000 truck drivers in a misclassification lawsuit against John Christner Trucking. If you are a Class Member, you may be entitled to receive money from a Settlement in this case, as described below. Preliminary record filed. Select SOLO DRIVER or TEAM DRIVER. Two (2) settlement shares for each California Workweek; Two (2) settlement shares for each Oklahoma Workweek; and, if applicable. John Christner Trucking, LLC, No. P. 4(k)(1)(A). "The party challenging the clause bears a 'heavy burden of proof.'" 20-6072 | 2020-05-21. While the Court is sensitive to the potential financial strain involved in litigating this case in Oklahoma, serving as the named plaintiff in a class action is unlikely to carry with it the requirement that Huddleston travel to Oklahoma with much frequency, and Huddleston has failed to explain why litigating in Oklahoma would require substantially more time away from work than litigating in California such that he would be denied the ability to bring the case. Management. Huddleston claims the trucking company misclassifies him and other leasing drivers as independent contractors rather than employees, thus violating a variety of state and federal labor laws. You may have received a Notice of Settlement (Notice) because you (1) previously completed a valid Opt-In Consent Form to join this case; or (2) the records of John Christner Trucking, LLC (Defendant) show you qualify as a member of the California Class and/or the Oklahoma Class as defined in Section 3. The California Supreme Court has likened PAGA actions to qui tam actions in that a representative plaintiff brings an action "as the proxy or agent of the state's labor enforcement agencies, representing the same legal right and interest as those agencies and seeking statutory civil penalties that otherwise would be sought by those agencies." ICOA 23. In sum, the Court finds that the public-interest factors do not "overwhelmingly disfavor" enforcing the forum-selection clause. Id. Id. An award-winning journalist and former assistant news editor at The Topeka Capital-Journal, he brings fresh ideas, solid reporting skills, and more than two decades of journalism experience to our staff. Huddleston has presented no case law to support the idea that PAGA cases are exempt from application of forum-selection clauses and has offered no explanation why the Northern District of Oklahoma could not fairly adjudicate these claims. According to Crowley, JCT does not own or lease any property in California, except for one drop yard it leases in Colton, California. In the context of a motion under Rule 12(b)(3), a court need not accept as true all allegations in the complaint, but may consider facts outside the pleadings. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1073 (9th Cir. B. Venue, Federal Rule of Civil Procedure 12(b)(3) authorizes motions to dismiss for improper venue. Id. The DM speaks to their Drivers poorly and use profanity. John Christner Trucking 19007 W Hwy 33 Internet United States of America. Ronlake v. US-Reports, Inc., No. Show more Link John Christner Trucking website Learn more Jobs We were not able to detect your location. Cal. Because California's long-arm statute allows the exercise of personal jurisdiction to the full extent permissible under the U.S. Constitution, the question here is whether assertion of personal jurisdiction over JCT comports with the limits imposed by federal due process. England Case $37,800,000 Settlement Concluded; Refusal to Drive Unsafe Truck - Driver Awarded $55k; Franchisor's Non-competition Injunction Denied. Atl. Id. He further testifies that litigating this case in Oklahoma would impose a prohibitive economic hardship on him due to the cost of travel and time away from work, problems that he would not experience if the case were to remain in California. The 'but for' test preserves the requirement that there be some nexus between the cause of action and the defendant's activities in the forum." it must be reasonable." 2004). Iowa-based Hirschbach Motor Lines has acquired John Christner Trucking, a refrigerated carrier based in Sapulpa. In a case not involving a forum-selection clause, a district court considering a Section 1404(a) motion would evaluate both the convenience of the parties and various public interest considerations. Popular Searches. Public-interest "factors will rarely defeat a transfer motion, [meaning that] the practical result is that forum-selection clauses should control except in unusual cases." John Christner Trucking, L.L.C. I would still be there if I were able to still be there. Plaintiff opposed, ECF No. Full-Time. He testifies in his declaration that litigating in Oklahoma would impose substantial travel costs, including airfare, rental cars, and hotel stays; that if he were to miss "any significant time away from work," his employer may withhold work or terminate his position entirely; and that being the primary wage-earner means that missed wages may threaten his ability to support his family. Id. You will, have to pay for your own DOT physical and drug screen, your first settlement will be -$111.00(YES NEGATIVE), relay . at 919. (Oklahoma Class Period). It is well established that the Fourteenth Amendment's Due Process Clause limits the power of a court to exercise jurisdiction over out-of-state defendants who do not consent to jurisdiction. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. (citing Holliday, 2010 WL 3910143, at *4). See, e.g., Brandi v. Belger Cartage Serv., Inc., 842 F. Supp. Upon the date the Settlement becomes effective (Effective Date), all Class Participants release claims as follows against Defendant, and their present and former parent companies, subsidiaries, divisions, affiliates, successors, predecessors, related companies, and joint ventures, and each of their present and former officers, directors, shareholders, agents, employees, insurers, attorneys, accountants, auditors, advisors, representatives, consultants, administrators, trustees, general and limited partners, predecessors, successors and assigns (collectively, the Released Parties): In addition, all Class Participants expressly waive, as to the Released Claims stated above and based on or arising out of the same factual predicates of the Complaint, running through June 21, 2022, the provisions, rights, and benefits of California Civil Code 1542, which reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Murphy, 362 F.3d at 1140 (quoting M/S Bremen., 47 U.S. at 17). Id. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Manner of Service: email. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. 2014) (citing Murphy, 362 F.3d at 1141). Narayan, 616 F.3d at 899; see Elijahjuan v. Superior Court, 210 Cal. Levine v. Entrust Grp., Inc., No. Id. 4 reviews of John Christner Trucking "This is a scam to lease purchase to buy. The U.S. Supreme Court has held that forum-selection clauses are presumptively valid and should only be set aside if the party challenging enforcement can "clearly show that enforcement would be unreasonable and unjust." DATE RECEIVED: 03/11/2021. [21-5025] [Entered: 04/20/2021 09:24 AM], Docket[10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. Manetti-Farrow, Inc. v. Gucci Am., Inc., 858 F.2d 509, 513 (9th Cir. This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. Thread Status: Not open for further replies. 1:11-CV-02009 LJO, 2012 WL 393614, at *3-4 (E.D. John Christner Trucking insights Based on 104 survey responses Areas for improvement Fair pay for job Trust in colleagues Sense of belonging One of the worst company to work for trcuk driver (Former Employee) - Sapulpa, OK - September 7, 2020 Attention attention avoid this company at all cost. $246.4 M. Employees. John Christner Trucking has an overall rating of 3.3 out of 5, based on over 41 reviews left anonymously by employees. Manner of Service: email. THOMAS HUDDLESTON, individually and on behalf of all others similarly situated, Attorney at Scopelitis Garvin Light Hanson & Feary, Attorney at Schneider Wallace Cottrell Konecky, Docket[10826612] On the court's own motion and pursuant to 10th Cir. R. 33.1, order filed by (CLK) extending time to file first brief on cross-appeal and appendix until 07/07/2021 for John Christner Trucking, LLC. Huddleston alleges in the Complaint that he "would regularly engage in JCT's business in various locations within this judicial district, including but not limited to Fresno, Stockton, Tulare, Newman, Turlock, Modesto, Merced, Madera, and Livingston." Id. Plaintiff and the Class Members are represented by the following attorneys acting as Class Counsel: Carolyn H. CottrellDavid C. LeimbachMichelle S. LimSCHNEIDER WALLACECOTTRELL KONECKY LLP2000 Powell Street, Suite 1400Emeryville, CA 94608Telephone: (800) 689-0024Facsimile: (415) 421-7105ccottrell@schneiderwallace.comDLeimbach@schneiderwallace.commlim@schneiderwallace.com, Robert S. BoulterLAW OFFICES OF ROBERT S. BOULTER1101 Fifth Avenue, Suite 310San Rafael, California 94901Telephone: (415) 233-7100rsb@boulter-law.com. 11-cv-2009 (LJO)(MJS), 2012 WL 393614, at *4 (E. D. Cal. This website is designed and maintained by the Settlement Administrator for the lawsuit known as Huddleston v. John Christner Trucking, LLC . See 28 U.S.C. [21-5025] RLM [Entered: 03/25/2021 04:20 PM], Docket[10817921] Docketing statement filed by Thomas Huddleston. 2000). 2005) (collecting cases from various federal courts of appeals). Lease and other payments you end up with about $1000 on 3000 mile wk. He also asserts that the power differential between himself and JCT, the inability to negotiate the contract, and his lack of advanced formal education all work to render the provision a product of overreaching. 752, et seq. The Court disagrees. Co. v. Glasbrenner, 417 F.3d 353, 356 (2d Cir. [21-5025] [Entered: 04/19/2021 04:25 PM], [10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. 8:20-CV-00421 | 2020-10-14, U.S. District Courts | Contract | The forum-selection clause here provides that "any claim or dispute arising from or in connection with" the ICOA "shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma." john christner trucking Inc. John Christner Trucking. Atlantic Marine Const. ECF No. C 12-03959 WHA, 2012 WL 6087399, at *4 (N.D. Cal. The per share dollar figure will then be multiplied by each Class Participants total number of settlement shares to determine the Class Participants pro rata share of the Net Settlement Amount. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. Huddleston makes the related argument that the PAGA claims fall outside the ambit of the forum-selection clause. Atl. Lease Operator (Former Employee) - Sapulpa, OK - November 2, 2020. Plaintiff bears the burden of showing that venue is proper. JCT was started in 1986 by the John Christner. Why one international organization is joining the fight. The trucking company also contended that the state labor laws in Oklahoma, not California, govern the alleged employment relationship between Huddleston and John Christner Trucking. He testifies in his declaration that "[m]uch" of his JCT-related work took place in California and that he drove "all over" the state, including making a "significant portion" of his pick-ups and drop-offs in the cities within this District listed in paragraph 18 of the Complaint. JCT has not made a sufficient showing that the exercise of personal jurisdiction is unreasonable. 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. R. 33.1, order filed by (CLK) extending time to file first brief on cross-appeal and appendix until 07/07/2021 for John Christner Trucking, LLC. In Shute v. Carnival Cruise Lines, the Ninth Circuit reasoned that "[t]he 'but for' test is consistent with the basic function of the 'arising out of requirementit preserves the essential distinction between general and specific jurisdiction. 5:20-CV-00915 | 2020-09-11, U.S. Courts Of Appeals | Civil Right | at 7. 4th 348, 394 (2014) (internal quotation marks and citation omitted). Served on 03/24/2021. Last name. Docketing statement, transcript order form and notice of appearance due on 03/25/2021 for Thomas Huddleston; notice of appearance due on 03-25-2021 for John Christner Trucking, LLC. 1998) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 518 (1974)) (emphasis in original). John Christner Trucking, LLC, N.D. Oklahoma (Case No. CV 05-4928-NM EX, 2006 WL 8074721, at *3 (C.D. Class Counsel will be paid from the Gross Settlement Amount of $9,250,000.00. Bringing your own truck, you enjoy all of our great benefits (you're responsible for your 2290). [21-5025]--[Edited 03/12/2021 by JM PDF removed filed by the court on 3/12/21.] Scam Internet. This factor does not weigh in favor of a finding of unreasonableness. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], Docket[10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. (California Class Period), who (1) entered into an Independent Contractor Operating Agreement with Defendant, (2) entered into a Lease Agreement with either Defendant or Three Diamond Leasing, LLC, and (3) were classified as independent contractors. Instead, the federal circuit courts appear to agree that venue may be proper in multiple districts if a "substantial part" of the underlying events took place in each of those districts. "); Turner v. Syfan Logistics, Inc., No. Opp. RLM [Entered: 03/12/2021 04:57 PM], Docket[10814509] Civil case docketed. Ranza v. Nike, Inc., 793 F.3d 1059, 1068 (9th Cir. Mark Schremmer, senior editor, joined Land Line in 2015. According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. The deal will form one of the biggest temperature-controlled fleets in the nation at more than 3,000 trucks (800 at JCT), 5,000 trailers and total revenue exceeding $1 billion. 0. A. Served on: 03/25/2021. Id. Huddleston I, slip op. As such, the argument regarding fraud and overreaching fails. [21-5025] [Entered: 03/15/2021 11:58 AM], Docket[10814928] Entry of appearance filed by Michael J Blaschke, Mr. Robert S. Boulter, Ms. Carolyn H. Cottrell, Mr. David C. Leimbach, Ms. Michelle S. Lim and Ms. Rachel Lawrence Mor for Thomas Huddleston. [a] forum [selection] clause should control absent a strong showing that it should be set aside." "By orchestrating deliveries to and from California and applying the allegedly unlawful employment practices to persons performing those transportation services, [JCT] targets California." op. # 9). Id. You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. Huddleston does not exclusively bring California claims; the Complaint also contains four causes of action under Oklahoma law, and in any case, "federal judges routinely apply the law of a State other than the State in which they sit." Although it is not mandatory, courts considering a challenge to both personal jurisdiction and venue generally decide the issue of personal jurisdiction first. Cal. 2004). at 18. 4:17-cv-00549-GKF-CDL). Huddleston I, slip. Apr. This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys fees and costs. This second prong of the specific jurisdiction test is satisfied if the plaintiff would not have been injured "but for" the defendant's forum-related contacts. See Dole Food Co. v. Watts, 303 F.3d 1104, 1114 (9th Cir. Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. The Court has not ruled on the merits of Plaintiffs claims or Defendants defenses. Marcotte, 2014 WL 4477349, at *8 (quoting Besag v. Custom Decorators, Inc., No. Certificate of Interested Parties: No. Where a forum-selection clause uses the phrases "arising under," "arising out of," or similar language, the clause is construed narrowly to cover only disputes "relating to the interpretation and performance of the contract itself." John Christner Trucking delivers merchandise from the processors to distribution centers, which then deliver the items to grocery stores. CERT. If you wish to object to the Settlement but fail to return your timely written objection in the manner specified above, you shall be deemed to have waived any objection and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement. A forum-selection clause is "not unreasonable merely because of the parties' unequal bargaining power: it is enforceable if there is reasonable communication of the clause." We've also provided a list of contacts should you have any questions. You do not have to pay the attorneys who represent the Class Members. Now as a fleet of over 800 trucks, John has had the support of many throughout the years, including his two sons Danny & Darryl. How will the Attorneys for the Class Members be paid? ." CIVF 07-1321 AWI SMS, 2007 WL 3341389, at *7 (E.D. Id. Manner of Service: email. Marine, 134 S. Ct. at 581. [21-5025] [Entered: 03/15/2021 12:22 PM], Docket[10815141] Admissions letter sent. Being primarily a FLSA case, JCT contends, "[i]t cannot be said that JCT's California operations made the FLSA claim (or Oklahoma state claims) uniquely possible." This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Tenth Circuit. Sign up for our weekly newsletter today! Mot. September 24, 2022| Opt-out/Objection/Challenge Postmark Date, October 31, 2022 @ 10:30 a.m.| Final Approval Hearing. If you dispute the number of workweeks as shown on the Notice that was mailed to you, you may produce evidence to the settlement administrator establishing the dates you contend to have worked for Defendant. 1990), rev'd on other grounds, 499 U.S. 585 (1991); see also Walden, 134 S. Ct. at 1121 ("For a State to exercise jurisdiction consistent with due process, the defendant's suit-related conduct must create a substantial connection with the forum State."). As it is his burden to show the public interest factors weigh in his favor, he has failed to meet his burden as to this public interest factor. 2006)). Id. R. Civ. Marine, 134 S. Ct. at 584. Copyright 2023 Land Line Magazine & Land Line Now. The Supreme Court has commanded that "[i]n the light of present-day commercial realities and expanding international trade[,] . (citing Iskanian for the proposition that representative PAGA claims may be brought in forums other than California state courts). The Court applies federal law to the interpretation and enforcement of a forum-selection clause. Schedule Monday - Friday 1:30pm - 10:30pm. Unless you present convincing evidence proving you worked more workweeks than shown by Defendants records, your Individual Settlement Amount will be determined based on Defendants records. M/S Bremen, 407 U.S. at 18. Where, however, the clause uses broader language, such as "relating to" and "in connection with," courts read the clause more broadly. (10/24/19 Mot hrng & 12/09/20 Sched conf.). The court denied motions for certification to a California resident class and the portion of the Oklahoma class related to the Oklahoma Business Opportunity Sales Act claims. 2011). LaCross, 95 F. Supp. 1337, 1341-42 (D. Kan. 1994) ("[G]iven the nationwide nature of Professional's transportation brokerage service, it should certainly have foreseen the possibility of litigation arising in a state through which it had arranged for the shipment of goods. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). Two facts in the contract at issue in Ronlake, however, distinguish it from the instant case. John Christner was great at first and then milege saving came to be the normal no matter the load and route drivers lose 100+ miles per load sometimes as high as 200. Certificate of Interested Parties: Yes. Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE MEMORANDUM DECISION AND ORDER RE DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE (ECF NO. 1999), or that it is the "best" venue. Feb 17, 2022. COMPLAINT with Jury Demand against John Christner Trucking, LLC by Thomas Huddleston. Gallo Winery v. Andina Licores S.A., 440 F. Supp. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. 2015). 1988), having to obtain or present evidence from JCT's personnel in Oklahoma will not impose an unreasonable burden on JCT. Bancroft & Masters, Inc. v. Augusta Nat. 2d 1115, 1126 (E.D. Served on 04/27/2021. at 319. At John Christner Trucking, our primary focus is on truckload transportation, with an emphasis on temperature controlled products. CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. 5:15CV81, 2016 WL 1559176, at *5 (W.D. [21-5025] [Entered: 04/14/2021 04:21 PM], [10817932] Minute order filed - Transcript order form due 04/08/2021 for Brian Neil, Court Reporter. Although the ICOA "will likely be used as evidence" to support Huddleston's statutory claims, his "claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract" in the first place. The lawsuit also claimed that it wasn't uncommon for drivers to receive negative paychecks. See Local Rule 230(g). While the contracts will likely be used as evidence to prove or disprove the statutory claims, the claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract."). ECF No. The settlement administrator will notify you of the decision on the dispute. (10/24/19 Mot hrng & 12/09/20 Sched conf.). John Christner Trucking Case Summary On 03/11/2021 Huddleston filed a Labor - Labor Standard lawsuit against John Christner Trucking. The forum-selection clause, by contrast, states more broadly that "any claim or dispute arising from or in connection with this agreement, whether under federal, state, local, or foreign law . As such, the Class Participants understand and agree that they are providing the Released Parties with a full and complete release with respect to the Released Claims. Thus, Huddleston need not show that the Eastern District of California has the most substantial relationship to the dispute, Kirkpatrick v. Rays Group, 71 F. Supp. Indeed, courts have found the requirements of specific personal jurisdiction satisfied where a shipping company contracts to ship goods from one state to a second state and a cause of action arises in a third state through which the goods were passing. [Please open the Notice for important information.] 17-cv-02081-RS ("Huddleston I"), slip op. John Christner Trucking (refrigerated TL, freight brokerage) Three Diamond Leasing (equipment maintenance and repair) Top 100 For Hire Rankings. Here, in contrast, the forum-selection clause is not limiting any remedies that would otherwise be available to the government or removing the case from the courts completely; instead, it merely "alters which specific court will hear those claims." [21-5023, 21-5025] [Entered: 04/27/2021 08:35 AM], Docket[10825412] Filed notice record is complete. Gulf Ins. at 298. Certificate of Interested Parties: Yes. Dec. 6, 2012). 801, et seq. 2006). Served on 03/24/2021. Cal. Id. Both groups are considered Class Members in this Notice. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. at 1125. John Christner Trucking, LLC 33 years 10 months Chief Executive Officer John Christner Trucking, LLC Mar 2020 - Present 3 years. 2015); Robles, 2015 WL 1530510, at *4. "We are impressed with the customized technical . The party opposing enforcement of the forum selection clause on the grounds of fraud or overreaching "must show that the inclusion of the clause itself into the agreement was improper; it is insufficient to allege that the agreement as a whole was improperly procured." For the foregoing reasons, the Court GRANTS IN PART Defendant's Motion To Dismiss Or, In The Alternative, To Transfer Venue, and ORDERS this case TRANSFERRED to the Northern District of Oklahoma for all further proceedings. App. John Christner Trucking LLC is an active DOT registered motor carrier operating under USDOT Number 273897 and MC Number 192518. Opp. Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. See Gulf Ins. Marcotte v. Micros Sys., Inc., No. Proc. Apply today. Id. Education funding and standards, certain business incentives, health care and transportation will be the lobbying priorities for the Tulsa Regional Chamber's OneVoice state legislative agenda this . JCT argues in the alternative that even if this Court does have specific personal jurisdiction and venue is proper in this District, the case should be transferred to the Northern District of Oklahoma pursuant to 28 U.S.C. Company Snapshot JOHN CHRISTNER TRUCKING LLC USDOT Number: 273897 Other Information for this Carrier SMS Results Licensing & Insurance ID/Operations | Inspections/Crashes In US | Inspections/Crashes In Canada | Safety Rating
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