That's because the party moving for summary judgment was required to meet the burden of proof and show that there was no legal argument to be made. P. Kuhnel v. Sledge, 306 So.2d 194 (1st DCA, 1975) cert. 501.201 et seq., (2) California Business and Professions Code 17200 et seq., (3) New York CONCLUSION Based on the foregoing analysis, the Plaintiff's Motion for Final Summary Judgment should be granted. Here at Cueto Law Group, we offer comprehensive legal advice for various legal issues in Florida. Generally, they say that you have not formally disputed that the debt is valid and that you owe the money. 1 0 obj judgment, unless and until material facts at issue presented to the trial court are so crystallized, conclusive, and compelling as to leave nothing for the court's determination but questions of law, those facts, as well as any defenses, must be submitted to the jury for resolution. 8 0 obj Subdivision (c) is amended to reflect the relocation of the service rule from rule 1.080 to Fla. R. Jud. Don't go into a lawsuit without understanding all of your legal rights and obligations. (quoting Miscavige v. When to File a Motion for Summary Judgment. If you're struggling to understand a Florida motion for summary judgment or need legal advice, then a consultation with an experienced Florida lawyer may be exactly what you need. Plaintiff pled guilty to charges of conspiring to illegally export military Once the motion and response has been filed, the judge will read both and then preside over a hearing. % This change is expected to impose a less restrictive standard for parties moving for summary judgment in Florida state courts. Defendants' summary judgment motion was hear d March 31, 2010. Co. v. Fritz Cos., 210 F.3d 1099 (9th Cir. The opportunity to lodge a motion arises when there is no genuine issue of material fact. What this means is that there is no real basis for the parties to disagree on what the facts in the case are. The amended rule also provides that the nonmovants responsewith supporting factual positionbe filedat least 20 days before the hearing. A party opposing summary judgment must do more than simply show that there is some metaphysical doubt as to the material facts. As can be seen, the Federal Summary Judgement standard is in the best interest of the state because it will promote and secure the just, speedy, and inexpensive determination of every action. Responding to and opposing a motion for summary judgment. 1986). 1992 Amendment. A case can be disposed of prior to trial when there is no evidence for the claims alleged or when there is no issue of material fact, and the movant is entitled to judgement as a matter of law. A Case Management Conference was held on July 24, 2014 with all parties present via counsel where the above reference motions were heard. All motions shall: (1) state with particularity the grounds for the motion; (2) cite any statute or rule of procedure relied upon; and (3) state the relief sought. moving party is entitled to judgment as a matter of law, then a motion for summary judgment must be granted. In this scenario, the claimant should not be making an application for summary judgment. } Activate your 30 day free trialto unlock unlimited reading. A summary judgment disposes of the entire case. Ms. Macelloni represents businesses and business owners in state and federal courts throughout the country and in various practice areas including corporate disputes, asset recovery, secured transactions, factoring and other UCC-related disputes. When the plaintiff is unable to produce the necessary evidence to support their claims, then a motion for summary judgment can be denied. An out-of-state lawyer is on the phone. Instead, it simply requires proof that the other party doesn't have enough evidence to prove their case. Further, the admissions, pleadings, stipulations and affidavits of the parties, and authenticated or certified public record should be filed in time for the hearing. _____/ CASE NO. Sometimes the judge will require additional time to make a decision and the parties will be notified days or weeks later. These documents should also be served on all the parties along with the statement of intent to utilize the specified discovery as proof for summary judgment. Amended by 292 So. The Summary Judgment Standard. A motion for summary judgment hearing is held to determine whether the party seeking summary judgment has met its burden. This is often used when there isn't enough proof to continue with a case. 4 0 obj By contrast, the Supreme Court has described the federal test as whether the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Anderson, 477 U.S. at 248. and the procedure for obtaining any relief from a judgment or decree shall be by motion as prescribed in these rules or by an independent action. I have personal knowledge of the facts and matters below. Counsel must file the index as the first attachment to the parent document. 1.510 to "align Florida's summary judgment standard with that of the federal courts and of the supermajority of states that have already adopted the federal summary judgment standard." In re Amends. For example, " [a]n order that dismisses an entire cause of action with prejudice constitutes a final judgment." (Capone v. In the Florida Supreme Courts April 29, 2021, Order, it stated In the broadest sense, those cases stand for the proposition that [s]ummary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of rules aimed at the just, speedy and inexpensive determination of every action.. Bear in mind that a summary judgment application should not be used as a mini trial of issues. endobj However, the new summary judgment standard now says a motion such as this will be granted if the movant shows that there is no genuine dispute as to any material fact. The court observed that the movants burden of production is not onerous and can be regularly discharged with ease. Despite this, the court admonished that the nonmovant should still be afforded adequate time for discovery.. A response to motion for summary judgment is a formal response to the motion filed by the party moving for summary judgment. According to Rule 166a, a motion for summary judgment should be filed and served no less than 21 days before the hearing. The court must state the reasons for its decision with enough specificity to provide useful guidance to the parties and, if necessary, to allow for appellate review.. This can significantly shorten the length of a case, as additional evidence can often be used to show that a particular fact exists or doesn't exist. What Happens When a Summary Judgment Is Denied to The Plaintiff? Previously, a party could submit an affidavit as to why it could not adequately respond to summary judgment, including the need to conduct additional discovery. Saturday, November 1, 1997 Document Type: Summary Judgment / Opposition This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). These include the motion which entails a written request for the court to rule in the non-moving partys favor. According to Rule 166a, a motion for summary judgment should be filed and served no less than 21 days before the hearing. 6. Western District of Washington. No express deadline has been set for filing a reply. For instance, the plaintiff would not only have to establish their own case (for which they had the burden of proving at trial), but also disproving the defendants affirmative defenses. If they have, the judge will sign an order that prevents the party being asked to respond to the motion from further arguing the issue in question. %PDF-1.3 36 Rule 1.090 (b) also permits the party seeking fees to move for an enlargement of time to file the proper motion upon a showing of excusable neglect after the deadline has passed. Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. In Re: Amendments to Florida Rule of Civil Procedure 1.510, No. Also, no oral testimony shall be received at the hearing. This can often mean that the party being asked to respond to the motion will only need to engage in a legal argument regarding a particular issue. This meant that a party was only required to make a legal argument regarding a particular issue in order to move the case forward. Often a complex case with many claims can be reduced to just a handful of claims when the other side has fired multiple volleys of summary judgment. Motion for Summary Response Deadline Texas, Consulting partnership agreement template, Show that theres a disputed fact (this can be done by producing evidence), or. endobj State in the DQ that the application for summary judgment is lodged and request that allocation does not take place prior to the hearing. We've encountered a problem, please try again. How to Defeat the Motion to Amend Final Judgment in Florida. Fla. Case No. See, e.g., Miccosukee Tribe of Indians of Florida v. United States, 516 F.3d 1235 (11th Cir. Depending on the state, this deadline is set forth in the case scheduling order (an order signed by the court listing various deadlines) or the local rules of civil procedure. However, to move forward with a motion for summary judgment, a party must first file a summons and complaint with the court. AFFIDAVIT IN SUPPORT OF Must Have Personal Knowledge 16-2017-CA-001263-XXXX-MA DIVISION CV-E PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, JOHN PARSONS, pursuant to Florida Rule of Civil Procedure 1.510(a), moves However, it is essential to note that multiple motions for summary judgment may cause a delay in the case. Powered bySymatech Labs Ltd, IN THE ________ JUDICIAL DISTRICT COURT IN, Introduction It is important that all makeup, Introduction A consulting partnership agreement template entails, Landlords consent: what happens when it goes. endobj In the past, the Florida Rule of Civil Procedure 1.510 was considered very stringent. When this is the case, the party who opposes the final judgment will then have the opportunity to file a motion to amend the final judgment. If your hearing is set less than 20 days from when you filed the MSJ and the nonmoving party has not yet filed a Response, you should reschedule your hearing. This is often the result of the failure of the opposing party to provide sufficient evidence to support their position. Rule 166a (c) concerns motion and proceedings thereon. Need Advice on a Florida Motion for Summary Judgment? Admin. Prior to May 1, 2021, 1.510 Rules of Civil Procedure stated that a motion for judgment would be granted if there was no genuine issue of material fact. In addition to good, evidence-based story-telling, the summary judgment motion should also include a succinct title and introduction, which should address whether or not the party is filing a Traditional Summary Judgment as a plaintiff (Rule 166a(a)) or as a defendant (Rule 166a(b)); what kind of summary judgment is requested, Traditional, No Evidence, or a combination of both; and whether the party is seeking a partial or final summary judgment. A party may file a reply to a response, but there is no set time limit for doing so. Fleming Supermarkets of Florida, Inc., 196 F.3d 1354, 1358 (11th Cir. endobj Get professionally drafted state-relevant documents in a matter of seconds in a preferable . For those litigating in federal courts, the rule is nothing new; in fact, Rule 1.510 of the Florida Rules of Civil Procedure adopts most of its federal counterpart verbatim. STATE OF FLORIDA ) Motion for Summary Judgment example is a request that a court rules on a case even if the case hasnt been to trial. 17 0 obj The trial court To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. Settlement After Summary Judgment Granted. THE SOUTHERN DISTRICT OF FLORIDA Both scenarios use a similar format, but they have different goals. 2d 829, 830 (Fla. 1986). endobj Defendants dismas charties, inc., ana gispert, derek thomas and lashanda adam Spyology / vizualizare subiect agentul bujduveanu, sendvis intre fbi si cia. Use as many pages as Review defendant's motion paragraph by paragraph. Advocate for Personal Injury victims throughout Broward and Palm Beach Counties. IN THE UNITED STATES DISTRICT COURT FOR Motions for summary judgment can also seek relief for the entire case - meaning that the whole lawsuit would be resolved without having to conduct a trial. The rule still remains that evidence submitted in support of or in opposition to a MSJ must be admissible in evidence. What is a Motion for Summary Judgment Per Florida Law. It's a way for one party to request that the court rule on a particular issue in a case. Under the new rule, if the nonmoving party must prove X to prevail [at trial], the moving party at summary judgment can either produce evidence that X is not so or point out that the nonmoving party lacks the evidence to prove X.1. Judgment 2) Pre-Trial Motions: Rule 12(b)(6) and Summary Judgment A. Finally, sufficient evidence to support each claim is essential to the success of the summary judgment. The standard of review applicable on a motion for summary judgment such as the one presented by the Plaintiff is now well settled. A motion asking the court to issue summary judgment on at least one claim . You scramble to put together a persuasive motion in limine to win your case. This can be a complicated process, but a skilled attorney can usually explain the process to the party and provide them with the necessary legal guidance. On the other hand, the defendant may file a motion for summary judgment to get the case dismissed. No. 5PuswzorkooooOlo?Opomv[_=Ul|?&qK{L {~57^mK{.~Jo?osO?i?/O6;z_boJCca@MY&q"zg}c=09?o(6Ocvhr#B~=9Zv(tz|SerD}B1/vKTNzy:o3];Yh4oMoCI?Ogi]@"go.~+uk9{[SOm>gt3=wt~}{}7q;?:dS&NZa\uT}^n'r%{9K7n1m|Bvi-B]d-'ruGD};duf }IU'SJ$5=0GO"m#SfBDVL]fBk2{UNv[3[[9BqrT[(UNvH0G)'OEm^kp[; xeCS+bH_!Sn'Yi[9&51.dr|GA>0 +%c~+4 Working with an attorney expert in researching cases, drafting pleadings, and making oral arguments is crucial for responding to a motion for summary judgment. <>>>/Parent 2 0 R/MediaBox[0 0 612 792]/Contents[22 0 R]/Type/Page>> Tex. southern district of florida. "bsMqHaX4mbv s4!aRDJNzU}k4uq1&v)U>bd?oUt_|/oOg$A> AMm}N-l ;_8|"fw\oA6ENMo954R#CZum"vj1bP.;bj;+?~`%4. The appellate brief is the document that will provide you with the opportunity to explain your position to the appellate court. Thursday, April 30, 2015. For example, parties may seek summary judgment on some issues, claims, or defenses in a case to help strengthen their position in the litigation and leverage a settlement from the other side. This usually occur after a DNA test of both the child and the father. Consider whether summary judgment is actually the most appropriate remedy. It is important to note that a motion for summary judgment does not guarantee that the judge will issue an order that prevents the other party from continuing to argue the issue in question. 10 0 obj Summary Judgment Standard, The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.. Evidentiary materials (See I.C.) This includes the process that must be followed when seeking a motion for summary judgment. endobj 6. When a person is injured due to the negligence of another person or entity, they may be able to seek compensation from the responsible party. investigation, defendants. It appears that you have an ad-blocker running. Previously, a party had to serve its motion for summary judgment (MSJ) 20 days before a hearing and respond 5 days before the hearing, if service was by mail, or by 5:00 p.m., 2 business days before the hearing, if service was by email. This will provide you with the opportunity to file an appellate brief. Like the filing party, the opposing party will submit a statement of facts serving as a roadmap to their evidence which shows that issues of fact remain. We gave the amended rule a prospective effective date of May 1, 2021. 2.516. in the county court, in and for .scid-1 img Specifically, If the nonmoving party must prove X to prevail [at trial], the moving party at summary judgment can either produce evidence that X is not so or point out that the nonmoving party lacks the evidence to prove X.Bedford v. Doe, 880 F.3d 993, 996-97 (8th Cir. We can provide you with the necessary legal guidance when it comes to a motion for summary judgment in Florida. { <>>>/Parent 2 0 R/MediaBox[0 0 612 792]/Contents[29 0 R]/Type/Page>> Thus, the entry of summary judgment is appropriate "against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. The party moving for summary judgment is often in a stronger position to do this, as they have already gathered a large amount of evidence in their favor. 2018)). Seeing how other practitioners have approached a motion for summary judgment in a given practice area can be invaluable. The creator of the affidavit, the affiant, must swear they are over 18 years old and competent to give the affidavit. Smith is the company's sole offi cer, director, and . A party may file a reply to a response, but there is no set time limit for doing so. in and for miami-dade county, florida hermine ricketts and case no. This rule is used in two different situations: to either rule in favor of the plaintiff or in favor of the defendant. The Motion for Summary Judgment is governed by Federal Rule of Civil Procedure 56. However, there have been some changes to rule 1.510, and we're here to break it all down for you. dismd., 336 So.2d 105 (Fla. 1975). Practice points to consider in a motion for summary judgment in drafting a example. 2000). Christian v. (1)Supporting Factual Positions. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. Florida judges for many years have given rule 1.510 a broad interpretation regarding what was a genuine issue. The court shall grant summary judgment if the movant shows t hat there is no genuine dispute as to any material fact and the . Plaintiff's Motion for Summary Judgment/Motion to Strike Plaintiff's Affidavit As to Amounts Due and Owing on or about June 14, 2010 and a Supplemental Objection to Plaintiff's Motion . The provision also provides that a judgement for summary judgment shall be rendered if the deposition transcripts, interrogatory answers, and other discovery responses references or set forth in the motion or response. The appellate court will then have the opportunity to review the case and issue a decision. This means that the judge will rule that the plaintiff is entitled to certain things such as money or property. In your own separately numbered paragraphs, state the facts, providing dates. Rule 1.500 - DEFAULTS AND FINAL JUDGMENTS THEREON. This is called a response or an opposition motion. The non-moving party only has a certain amount of time to file a response. This is often referred to as the final judgment. showing that the materials cited do not establish the absence or presence of a genuine dispute or that an adverse party cannot produce admissible evidence to support the fact. endobj A motion for summary judgment in a civil case is a motion to essentially dismiss the case. <> The following overview provides 10 major changes that every busy practitioner should know about. Should this be the case and the plaintiff be denied summary judgment, the plaintiff will then have the opportunity to file an amended complaint with the court. An affidavit is a sworn statement of facts written down and then signed before a notary public. To sustain a Motion for Summary Judgment under the revised Rule 1.510 effective as of May 1, 2021, the moving party must meet the federal summary judgment standard demonstrating, "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Rule 1.510 (a), Fla. R. Civ. Instant access to millions of ebooks, audiobooks, magazines, podcasts and more. Summary judgments are more likely to win if they tell a compelling, persuasive story and include a clear analysis of the facts supporting that story. <>>>/Parent 2 0 R/MediaBox[0 0 612 792]/Contents[25 0 R]/Type/Page>> A plaintiff may be denied summary judgment under Florida law in several circumstances, including: When a case is settled, the parties will then have the opportunity to enter their final judgment. Western District of Washington. 11 0 obj Like the original motion, the non-moving partys response typically consists of two parts. 37 Where Any response to the motion for summary judgment is due no less than 7 days before the hearing. Although the evidence attached to a summary judgement motion is no longer specifically defined in the rule, it still includes, depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials as would be admissible in evidence. In addition to responding to the moving party's proposed facts, a responding party may "Under the Florida state court procedure, the existence of any competent evidence creating an issue of fact, however credible or incredible, substantial or trivial, stops the inquiry and precludes summary judgment, so long as the "slightest doubt" is raised" West's Florida Practice Series, 4 Fla. Contents of a motion of summary judgment include the motion which is a written request for the court to rule in the favor of the movant. The court may also hold an offending party or attorney in contempt or impose other appropriate sanctions. Governed by TRCP 166a, there are two types, the traditional summary judgment and the no evidence summary judgment. Rule 1.510 is typically used with the goal to move a case forward within the legal system, and the end goal is to get a ruling on a particular issue. 5. to Fla. Rule of Civ. Rule 1.510, Fla.R.Civ. The rule is amended to adopt almost all the text of Federal Rule of Civil Procedure 56. 15 0 obj In an effort to impress, you tell him about Florida's idiosyncratic "sham pleadings&# . In this scenario, one party files a motion for summary judgment in an attempt to have the case ruled a certain way. Rule . Motion for Summary Judgment James Bopp, Jr., Bar #CO 0041 jboppjr@aol.com Richard E. Coleson* rcoleson@bopplaw.com Corrine L. Purvis* cpurvis@bopplaw.com THE BOPP LAW FIRM, PC 1 South Sixth Street Terre Haute, IN 47807-3510 812/232-2434 telephone 812/235-3685 facsimile Counsel for Plaintiffs *Admitted Pro Hac Vice Plaintiffs' Summary-Judgment . Can You File Multiple Motions for Summary Judgment in Florida? The Florida Supreme Court, acting on its own motion, has amended the Florida Rules of Civil Procedure to adopt the federal summary judgment standard, which "is expected to make it easier for judges to grant summary judgment motions." 1 Summary Judgment is a pre-trial judgment brought by motion that dispositively determines the resolution of a If you need to file an opposition to a motion for summary judgment, you can get a form opposition for free at the Self-Help Center, or you can download the form on your computer by clicking one of the formats underneath the form's title below: JUSTICE COURT OPPOSITION TO MOTION FOR SUMMARY JUDGMENT Pdf Fillable | Pdf Nonfillable | Instructions Subdivision (c) has been amended to require a movant to state with particularity the grounds and legal authority which the movant will rely upon in seeking summary judgment. The party being asked to respond to the motion will have an opportunity to argue that the other party has not met the necessary requirements. P. 166a. A party may move for summary judgment, identifying each claim or defense or the part of each claim or defense on which summary judgment is sought. COUNTY OF BROWARD ) Looks like youve clipped this slide to already. 9. This is a much simpler standard that many courts across the United States have employed. The Florida Rules of Civil Procedure provide the framework that litigants must follow when pursuing a negligence claim in Florida. B. 2012 Amendment. to Fla. Rule of Civ. For example, a motion for summary judgment per Florida law will require additional information, such as the facts of the case and the legal reasons for why the court should rule in the moving partys favor. endobj SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. Now, the burden on summary judgment lies with the party that has the burden at trial. New Florida Summary Judgment Standard: Whats Changed? Stalwart Capital, LLC v. iCap Pacific Northwest Opportunity and Income Fund, LLC et al. This document is less complicated than a motion for summary judgment per Florida law, and it only requires the facts of the case. 2018). NEW FLORIDA MOTION FOR SUMMARY JUDGMENT STANDARD 1.510 Effective May 1, 2021, the state of Florida adopted the Federal summary judgment standard. "A pleading is only considered a sham when it is inherently false and clearly known to be . broward bulldog, inc. and . The day before the hearing, the Plaintiffs moved to continue the trial. <>>>/Parent 2 0 R/MediaBox[0 0 612 792]/Contents[18 0 R]/Type/Page>> A motion to strike a sham pleading is governed by Florida Rule of Civil Procedure 1.150. This is entirely dependent on the judge and the facts of the case. Now, its essential to understand that there is a difference between amotion to dismiss vs motion for summary judgment. to Florida Statutes 624.155 are a "determination" of liability and the extent of the damages. under any disabilities. endobj Rules. RESPONSE TO MOTION FOR SUMMARY JUDGMENT A. 16 0 obj The court has a great deal of discretion in determining whether to grant such a request. Hello! 2d 286, 288 (Fla. 1988); Reaves v. State , 485 So. Motion For Summary Judgment. _____/ plaintiffs' memorandum of law in opposition to defendants' motion for summary judgment 4. 12 0 obj The new standard for granting summary judgment mirrors the directed verdict standard. and dual use aircraft parts to Iran. (a) Motion for Summary Judgment or Partial Summary Judgment. I.R.S., 2 F.3d 366, 369 (11th Cir.1993)). The party making the motion (called the "movant") can be the plaintiff or the defendant. The party responding to the motion will need to prove that the plaintiff's allegations are false. This serves as a formal notification to the other party that they are being sued. LEGAL ARGUMENT. 2. Draft dispositive motions and pleadings in insurance coverage litigation in federal and state court, including motions to dismiss, motions for summary judgment, motions for judgment on the . He assures you that the complaint's factual allegations are demonstrably false and tells you that he wants to move for summary judgment as soon as possible. However, they must still support their assertion by: Simply put, this means that the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment. (Anderson, 477 U.S. at 247-48.). endobj OS-00S162-CI-ll THE CERTIFICATEHOLDERS CWABS, INC. . DISMAS CHARITIES, INC., ANA GISPERT, The "federal summary judgment standard" refers to the principles announced in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986), and Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986), and more generally to case law interpreting Federal Rule of Civil Procedure 56. The party who won can ask for an award of costs and sometimes attorney fees from the other party, unless those were already . The court will allow the plaintiff to provide additional facts that support their claim during this time. Except on leave of court, the adverse party, not later than seven days prior to the day of hearing may file and serve opposing affidavits or other written response. In civil litigation cases, this isnt always true, which means that one party does dispute the facts. P. 1.510 (c) (4) (amended eff 5/1/21). A movant for summary judgment need not set forth evidence when the nonmovant bears the burden of persuasion at trial.Wease v. Ocwen Loan Servicing, L.L.C., 915 F.3d 987, 997 (5th Cir. A motion to dismiss is used when a party tries to get a case thrown out. It is a final ruling in the case, and no further testimony or evidence is heard. 2023legalwritingexperts.com. Time to Respond to Motion Summary for Judgment. If you need legal advice regarding a Florida motion for summary judgment, then the legal team at Cueto Law Group is ready to assist. It's called www.HelpWriting.net So make sure to check it out! Now, an MSJ must be served at least 40 days before the hearing and a response is due 20 days before the hearing. This will provide the party with the opportunity to explain why they believe the final judgment should be amended. dan christensen, plaintiffs, v. case no. Effective May 1, 2021, the state of Florida adopted the Federal summary judgment standard. This is a formal agreement between parties stating that the case is dismissed without a judge's legal ruling.
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