payment for public records to dale bohner, clerk's counsel

8/11/2019 Payment for Public Records to Dale Bohner, Clerk's Counsel

1/24

VIA UPS No. 1Z64589FP293996325 October 6, 2014VIA Email [email protected]

Dale K. Bohner, Clerks CounselPat Frank, Clerk of the Circuit CourtOffice oftheHillsborough Clerk of the Circuit Court

Hillsborough County, Thirteenth Judicial Circuit601 E. Kennedy Blvd., 13th Floor

Tampa, FL 33602 PUBLIC RECORD REQUEST

Dear Mr. Bohner:

This is a request for Certified Copies of records (below) in Hillsborough Case No. 05-CA-7205,Gillespie v Barker, Rodems & Cook, PA. Copies of the records are enclosed for identification.

September 9, 2008, Order granting stay, Hillsborough 05-CA-7205 (2 pages)

March 27, 2008, Order Determining amount of sanctions, Hillsborough 05-CA-7205 (2 pages)

May 31, 2011, Rodems letter to Pat Frank, Hillsborough 05-CA-7205 (1 page)

June 1, 2011, Order Relieving The Office of The Public Defender of the Thirteenth JudicialCircuit from Representation of Plaintiff Neil Gillespie (1 page)

June 1, 2011, Writ of Bodily Attachment only, Neil J. Gillespie. (1 page)

Enclosed is a money order in payment of the above certified copies, payable to Clerk of theCircuit Court, Hillsborough County, in the amount of $17.00, calculated as follows:

Seven pages of copies @ $1 per page, $7.00Five certifications @ $2 each, $10.00

Total enclosed: $17.00

Time is of the essence. For your convenience enclosed is a pre paid UPS return shipping labelno. 1Z64589F9091650739, affixed to a document mailer, addressed to me.

I received an emailed PDF of your letter dated October 3, 2014 from Joy Mestas. Once I get theoriginal letter I will reply fully. For now take notice that your letter contains this false statement:

RE: Public Record and Recording Request dated September 25, 2014 received byfacsimile on September 26, 2014

My Public Record and Recording Request dated September 25, 2014 was provided to you byUnited Parcel Service (UPS) in paper format, and by email to you at [email protected].

My request was not provided by facsimile as you claimed. Why did you create a false record thatmy request was faxed, when it was provided to you by UPS, tracking no. 1Z64589FP292268319,and by email to Dale K. Bohner at [email protected]? Why the falsehood, Mr. Bohner?


2/24

Dale K. Bohner, Clerks Counsel October 6, 2014Pat Frank, Clerk of the Circuit CourtOffice oftheHillsborough Clerk of the Circuit Court

Page - 2

My Public Record and Recording Request dated September 25, 2014 to you contained 116 pagesof paper documents shipped by UPS No. 1Z64589FP292268319. The enclosed UPS Proof ofDelivery shows delivery 09/26/2014 at 12:45 P.M. signed by Castor. Please identify Castor.

Enclosed you will find 4 paper copies evidencing email to you September 26, 2014,

From: "Neil Gillespie"

To: "Dale Kent Bohner"

Cc: "Neil Gillespie"

Sent: Friday, September 26, 2014 12:06 PM

Attach: Dale Bohner Public Record and Recording Request-Sep-25-2014.pdf

Subject: Public Record and Recording Request for delivery today; document files tofollow in separate email(s)

From: "Neil Gillespie"

To: "Dale Kent Bohner"

Cc: Neil Gillespie"


Attach: 2011, 09-22-11, Clerk's letter returning pleading per order.pdf; 2006,01-13-06, Order Defendants' motion dismiss strike-Hillsborough 05-CA-7205.pdf; 2006, 04-25-06, Plaintiff's Affidavit-Summary Judgment-Hillsborough05-CA-7205.pdf; 2006, 04-25-06, Plaintiff's Motion for Summary Judgment-Hillsborough 05-CA-7205.pdf; 2008, 03-27-08, Order determining amount ofsanctions-Hillsborough 05-CA-7205.pdf; 2008, 09-09-08, Order granting stay-Hillsborough 05-CA-7205.pdf; 2010, 09-27-10, Fax & Affidavit, HCSO, J Cook-ADA-Hillsborough 05-CA-7205.pdf; 2010, 09-27-10, Fax & Affidavit, J Cookmislead Clerk-Hillsborough 05-CA-7205.pdf; 2010, 10-22-10, letter from DaleBohner.pdf; 2011, 01-14-11, letter from Dale Bohner.pdf; 2011, 03-22-11, Clerk'sCertificate.pdf; 2011, 05-31-11, Rodems letter to Pat Frank.pdf; 2011, 06-01-11,Order Relieving Public Defender.pdf; 2011, 06-01-11, Public Defender motionfor clarification.pdf; 2011, 06-01-11, Writ of Bodily Attachment, wdiscription.pdf; 2011, 07-11-11, Clerk's letter returned pleadings per order.pdf

Subject: Public Record and Recording Request for delivery today; document files to follow in separate email(s)

From: "Neil Gillespie" To: "Neil Gillespie"


Attach: ATT00038.txt

Subject: Read: Public Record and Recording Request for delivery today; document filesto follow in separate email(s)

This is a receipt for the mail you sent to"Dale Kent Bohner" at 9/26/2014 12:06 PM


3/24


Page - 3

This receipt verifies that the message has been displayed on the recipient's computer at9/26/2014 12:06 PM

From: "Neil Gillespie" To: "Neil Gillespie"


Attach: ATT00079.txt

Subject: Read: Public Record and Recording Request for delivery today; document filesto follow in separate email(s)

This is a receipt for the mail you sent to"Dale Kent Bohner" at 9/26/2014 12:08 PMThis receipt verifies that the message has been displayed on the recipient's computer at9/26/2014 12:12 PM

Specifically, I provided you paper copies of the following sixteen (16) court documents,pleadings, orders, letters, letters with attachments, fax covers, affidavits, writ, certificate, etc. Ihave shown the page count of each document as provided to you following the document.

1. 2006, 01-13-06, Order on Defendants' motion dismiss strike, Hillsborough 05-CA-7205 (2 pages)2. 2006, 04-25-06, Plaintiffs Motion for Summary Judgment-Hillsborough 05-CA-7205 (49 pages)3. 2006, 04-25-06, Plaintiffs Affidavit-Summary Judgment-Hillsborough 05-CA-7205 (4 pages)4. 2008, 03-27-08, Order Determining amount of sanctions, Hillsborough 05-CA-7205 (2 pages)5. 2008, 09-09-08, Order granting stay, Hillsborough 05-CA-7205 (2 pages)6. 2010, 09-27-10, Fax & Affidavit, J Cook mislead Clerk-Hillsborough 05-CA-7205 (8 pages)7. 2010, 09-27-10, Fax & Affidavit, HCSO, J Cook-ADA-Hillsborough 05-CA-7205 (14 pages)8. 2010, 10-22-10, letter from Dale Bohner, Hillsborough 05-CA-7205 (2 pages)9. 2011, 01-14-11, letter from Dale Bohner, Hillsborough 05-CA-7205 (1 page)10. 2011, 03-22-11, Clerk's Certificate, Hillsborough 05-CA-7205 (2 pages)11. 2011, 05-31-11, Rodems letter to Pat Frank, Hillsborough 05-CA-7205 (1 page)12. 2011, 06-01-11, Public Defender motion for clarification, Hillsborough 05-CA-7205 (3 pages)13. 2011, 06-01-11, Order relieving Public Defender, Hillsborough 05-CA-7205 (1 page)14. 2011, 06-01-11, Writ of Bodily Attachment, w description, Hillsborough 05-CA-7205 (2 pages)15. 2011, 07-11-11, Clerk's letter returned pleadings per order, Hillsborough 05-CA-7205 (8 pages)16. 2011, 09-22-11, Clerk's letter returning pleading per order, Hillsborough 05-CA-7205 (6 pages)

My Public Record and Recording Request dated September 25, 2014 contained the following:

Public Record and Recording Request dated September 25, 2014 (2 pages)

Draft Declaration of Neil J. Gillespie, Verified Notice of Filing Official Records (2 pages)

Search results for Gillespie Neil, http://pubrec3.hillsclerk.com/oncore/search.aspx (2 pages)

Page from the online docket in 05-CA-7205 (1 page)http://pubrec10.hillsclerk.com/Unsecured/CaseDetail.aspx?CaseID=2143026

Paper copy of online Florida Statutes 68.093 Florida Vexatious Litigant Law (2 pages)


4/24


Page - 4

The enclosed Florida Bar directory page for Dale Kent Bohner shows your email address [email protected]. Is this your current email address, Mr. Bohner?

Today I will forward you, Pat Frank, Clerk of the Circuit Court, and Joy Mestas, my emails ofSeptember 26, 2014.

You also seem confused about dates: The dates you have provided do not match up with datesin the case summary.

The dates I provided are the dates shown on each document. If the date on a document does notmatch the case summary, that likely means the Clerk failed to enter the document on the casesummary that day. You should know this as counsel to the clerk.

You also seem confused about documents provided to the Clerk in appeal no. 2D10-5197:

Regarding your reference to three documents, including: The Amended Application forOrder in Appellate Case No. 2D10-5197, Addendum to Amended Application For Orderin Appellate Case No. 2D10-5197, and corrected versions of those documents that youprovided to the Clerk, are you asking for a copy of these documents as part of your publicrecords request or are you seeking to verify whether or not these documents weredocketed in the referenced court record? Will you please clarify this for me? Thank you.

No I am not asking for copies of those documents. I am asking when the Clerk will docket thedocuments in case 05-CA-7205. Below is the text of my letter to you:

Second DCA Appellate Case No. 2D10-5197

1. Amended Application For Order in Appellate Case No. 2D10-5197 was provided June12, 2014 to Hon. Pat Frank, Clerk of Circuit Court, with separate appendices.

2. Addendum to Amended Application For Order in Appellate Case No. 2D10-5197 wasprovided June 17, 2014 to Hon. Pat Frank, Clerk of Circuit Court, with separateappendices.

3. The two previously served pleadings shown above were corrected by strikeout and textedit box, and were served in corrected paper format June 23, 2014 to Hon. Pat Frank,Clerk of Circuit Court. All previously served appendices remain unchanged and were notserved again.

The Clerks online docket in Hillsborough 05-CA-7205 shows filing of,


5/24


Page - 5

1. Amended Application For Order in Appellate Case No. 2D10-5197 wasprovided June 12, 2014 to Hon. Pat Frank, Clerk of Circuit Court, with separateappendices.

The Clerks online docket in Hillsborough 05-CA-7205 does not show filing of items 2and 3. Enclosed is page 23 from a PDF of online DOCKET 05-CA-7205 from todaySeptember 25th. I provided the documents to the Clerk, and expect them to be filed inHillsborough 05-CA-7205.

Mr. Bohner, the Clerks online docket in Hillsborough 05-CA-7205 does not show filing ofitems 2 and 3. When will items 2 and 3 be filed or docketed?

Thank you in advance for the courtesy of an honest response, and the certified copies for whichpayment is enclosed.

Sincerely,

Neil J. Gillespie8092 SW 115th LoopOcala, FloridaTelephone: (352) 854-7807Email: [email protected]

Enclosures

cc: Pat Frank, Clerk of the Circuit Court, email only [email protected]

cc: Joy Mestas, email only [email protected]


6/24

The Money Superstore

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10/06/2014

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Note: This is a scanned image of the money order.

The actual money order is enclosed in the UPS shipment.


7/24

Neil Gillespie

From: "Mestas, Joy" To: Sent: Friday, October 03, 2014 3:29 PM

Attach: Letter to Mr. Gillespie 10.03.14.pdfSubject: Letter Dated 10.03.14

Page 1 of 1

10/5/2014

Attached is a letter from Dale K. Bohner, Clerks Legal Counsel.

Original has been sent viaU.S. Mail.

oy L. Mestas

Clerk's Legal Department

County Center, 13th Floor

601 E. Kennedy Boulevard (33602)

P. O. Box 1110

Tampa, FL 33601-1110

(813) 276-8100 Ext. 4899

(813) 272-6518 Fax

[email protected]


8/24


9/24


10/24

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11/24

Proof of Delivery

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Service: UPS Ground

Weight: 1.00 lb

Shipped/Billed On: 09/25/2014

Delivered On: 09/26/2014 12:45 P.M.

Delivered To: 601 E KENNEDY BLVD13

TAMPA, FL, US 33602

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12/24

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PAT FRANK, CLERK OF

CIRCUIT COURT

MR. DALE BOHNER, CLERK'SCOUNSEL601 E. KENNEDY BLVD., 13TH

FLOORHILLSBOROUGH COUNTYCIRCUIT COURTTAMPA, FL, 33601, US

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14/24

Neil Gillespie

From: "Neil Gillespie" To: "Dale Kent Bohner" Cc: "Neil Gillespie" Sent: Friday, September 26, 2014 12:06 PM

Attach: Dale Bohner Public Record and Recording Request-Sep-25-2014.pdfSubject: Public Record and Recording Request for delivery today; document files to follow in separate email(s)

Page 1 of 1

10/6/2014


15/24

Neil Gillespie

From: "Neil Gillespie" To: "Dale Kent Bohner" Cc: "Neil Gillespie" Sent: Friday, September 26, 2014 12:08 PM

Attach: 2011, 09-22-11, Clerk's letter returning pleading per order.pdf; 2006, 01-13-06, Order Defendants'motion dismiss strike-Hillsborough 05-CA-7205.pdf; 2006, 04-25-06, Plaintiff's Affidavit-SummaryJudgment-Hillsborough 05-CA-7205.pdf; 2006, 04-25-06, Plaintiff's Motion for Summary Judgment-Hillsborough 05-CA-7205.pdf; 2008, 03-27-08, Order determining amount of sanctions-Hillsborough05-CA-7205.pdf; 2008, 09-09-08, Order granting stay-Hillsborough 05-CA-7205.pdf; 2010, 09-27-10,Fax & Affidavit, HCSO, J Cook-ADA-Hillsborough 05-CA-7205.pdf; 2010, 09-27-10, Fax & Affidavit, JCook mislead Clerk-Hillsborough 05-CA-7205.pdf; 2010, 10-22-10, letter from Dale Bohner.pdf; 2011,01-14-11, letter from Dale Bohner.pdf; 2011, 03-22-11, Clerk's Certificate.pdf; 2011, 05-31-11,Rodems letter to Pat Frank.pdf; 2011, 06-01-11, Order Relieving Public Defender.pdf; 2011, 06-01-11, Public Defender motion for clarification.pdf; 2011, 06-01-11, Writ of Bodily Attachment, wdiscription.pdf; 2011, 07-11-11, Clerk's letter returned pleadings per order.pdf

Subject: Public Record and Recording Request for delivery today; document files to follow in separate email(s)

Page 1 of 1

10/6/2014


16/24

Neil Gillespie

From: "Neil Gillespie" To: "Neil Gillespie" Sent: Friday, September 26, 2014 12:06 PM

Attach: ATT00038.txtSubject: Read: Public Record and Recording Request for delivery today; document files to follow in separate

email(s)

Page 1 of 1

10/6/2014


This receipt verifies that the message has been displayed on the recipient's computer at 9/26/2014 12:06PM


17/24

Neil Gillespie

From: "Neil Gillespie" To: "Neil Gillespie" Sent: Friday, September 26, 2014 12:12 PM

Attach: ATT00079.txtSubject: Read: Public Record and Recording Request for delivery today; document files to follow in separate

email(s)

Page 1 of 1

10/6/2014


This receipt verifies that the message has been displayed on the recipient's computer at 9/26/2014 12:12PM


18/24

THE CIRCUIT COURT

OF

THE TIllRTEENTH JUDICIAL

CIRCillT

IN AND

FOR IllLLSBOROUGH

COUNTY, FLORIDA

GENERAL CIVIL DIVISION

NEILJ

GILLESPIE,

No Action

O

c

l

Necessary

Plaintiff,

vs.

Case No.:

05CA7205

Division: C

BARKER, RODEMS COOK, P.A.,

a Florida corporation; and WILLIAM

J

COOK,

FYI

Only

Defendants.

.;1

ORDER DETERMINING AMOUNT OF SANCTIONS

THIS CAUSE came

on

to be heard on Thursday, March 20,2008, on the issue of the

amount

of

attorneys' fees PlaintiffNeil

J.

Gillespie shall pay to Defendants as a result

of

the

Orders entered July 24, 2006, granting Defendants' motion to compel discovery, and July

20,

2007, granting Defendants' Amended Motion for Sanctions Pursuant to Section 57.105(1),

Florida Statutes, both

of

which ordered Plaintiff to pay Defendants' reasonable attorneys' fees

and taxable costs as a sanction for his conduct, as detailed

in

the respective Orders.

The Court, having read and considered the proceedings, considered the testimony

presented at the hearing, and after hearing from counsel, and being otherwise fully advised in the

premises,- finds as follows:

1. The reasonable rate for the time expended by Ryan Christopher Rodems, Esquire,

who is Board Certified by the Florida Bar

in

the area

of

Civil Trial law, is $350.00

per

hour. The

1 Plaintiffs

cOlUlsel Robert

W.

Bauer, Esquire, entered his Notice

of

Appearance after

the occurrence

ofPlaintiffs

conduct which subjected Plaintiff to sanctions under section

57.105(1), Florida Statutes, and therefore, the Court ruled

in

the July 20, 2007 Order,

Mr.

Bauer

is not subject to sanctions under section 57.105(1), Florida Statutes.


19/24

,reasonable

number

ofhours expended by

Mr.

Rodems

on

this matter

is

thirty

30).

2.

The

reasonable rate for the time expended by John

W.

Gardner, Esquire, is

$300.00 per hour. The reasonable nurrlber hours expended by

Mr.

Gardner on this matter is

three and one-half 3.5).

Based on

the

foregoing, it

is ORDERED and ADJUDGED

that Plaintiff shall pay

Defendants a total of$11,550.00

for

attorneys'

fees and

taxable costs.

ORIGINAl SIGNED

DONE AND ORDERED

in

Chambers this day March, 2008.

~ R 27

J \ ~ ~ S M

eAHrON.

n

fJIRCUIT JUDGE

James

M

Barton,

II

Circuit Judge

Copies to:

Robert

W. Bauer,

Esquire (Counsel for Plaintiff)

Ryan Christopher Rodems, Esquire (Counsel for Defendants)

2


20/24

/

/

t ,

.

..

'

.

.,

.......

IN

THE CIRCUIT COURT OF

THE

THIRTEENTH JUDICIAL

CIRCUIT

IN

AND

FOR

HILLSBOROUGH COUNTY,

FLORIDA

GENERAL CIVIL DMSION

NEIL

J.

GILLESPIE,

Plaintiff;

VI.

.

i .

BARKER, O D E M S ~ t O O K P . A .

a

Florida

corporation; aDd WD..LIAM

J.COOK,

Case No.:

Division:

OSCA720S

C

,J

:...

Defendants.

- - - - - - - - - - - - - . ; ,

..

'

f

ORDER

GRANTING

STAY

TInS

CAUSE came

before the Court on

Thursday,

August 14,2008, on Plaintiff s

Motion (or Star. Defendant s

counsel appeared in chambers,

and Plaintiff s

cOWlSCI

and Plaintiff

attended by telephone. This Court entered a

Final

Judgment on March 27,2008 in favor

of

Defendants

D . d ~ q u i r i n g

Plaintiff

to pay to them the sum

QfSl

; ~ 5 5 0 ~ P O .

Plaintifffiled a notice

I' ,

...

>:\

' .

/

. ' : ,

r. \:,.,

t ofappeal of the Finat ,Judgmentfiitered March 27, 2008 but has not b t a i n ~ an automatic stay

. ' .. . . "

under ~ R App.

P.

9.3io{t;)(l) ; posting a good

and

sufficient

bond.

~ ~ t s

subsequently obtained writs of garnishment, and Plaintiffrequested an emergency hearing on his

~ ~ ~ . ';.,

motion for stay. .

'l\:

tf

.

.

1:;

.\ .

. .... .' .

.:'

: : t ~

.....

During the

heariDg,

Plaintiff s counsel represented

to

the Court that Plaintiffintends to

either post a good and

sufficient

boft.a, ~ p e r m i t t e d by

Fla

R. App. P. 9.31

O b)

1 , or deposit

an

.: .

t

.

equivalent sum

of

money

with.a third-party escrow agent mutually acceptable

to

Defendants, on

or before August 21,2008 and requested a stay

of

the Final Judgment entered March 27,2008

until August 21,

2008. Based

on

the

Plaintiff s counsel s representation, Defendants agreed

to

a


21/24

stay

of

this action until August 21 t 2008. The Court approves the parties' agreement. Therefore,

it is

ORDERED that (1) Plaintiffshall post a good and sufficient bond

in the

amount required

by

Fla.

R.

App.

P. 9.31

O b) 1) or deposit an equivalent sum

of

money with a third-party escrow

agent mutually acceptable to Defendants

on

or before the end

of the

business day on August 21,

2008;

and 2)

the Final

Judgment

entered

March 27, 2008

is

stayed.

IT IS FURTHER ORDERED that

the

stay

of the

Final

Judgment

entered March 27, 2008

shall

expire at 5

:00

p.m. on

August 21,

2008

unless-

Plaintiffposts a good and

sufficient bond in

the amount required by Fla.

R

App.

P. 9.31

O b) 1) or deposits an equivalent sum ofmoney with

a

third-party

escrow agent

mutually acceptable

to Defendants.

DONE AND ORDERED in Chambers, at Tampa, Hillsborough County, Florida, this

O O ~

_

_

day

of

A ~ 2 0 0 8 . ~ n 1 . D ~ yI11/01 .

ORIGINAL SIGNED

CONFORMED Opy

MarvaL. Crenshaw

S P

09

2 8

Circuit Judge

MARVA

L

CRENSHAW

CIRCUrr

JUDGE

Copies

to:

Robert W. Bauer, Esquire Counsel for

Plaintifl)

Ryan

Christopher

o e m s ~

Esquire (Counsel

for

Defendants)

2


22/24

0

BARKER,

RODEMS

COOK

JlR()FESSIONAL ASSOCJAT'ION

A


23/24

IN

THE

CIRCUIT

COURT

OF THE THIRTEENTH JUDICIAL CIRCUIT

IN

AND FOR

HILLSBOROUGH COUNTY, STATE OF FLORIDA

GENERAL CIVIL DIVISION

NEIL J. GILLESPIE,

CASE NUMBER.: 05-CA-7205

Plaintiff,

DIVISION: J

v.

BARKER, RODEMS COOK, P.A.,

a Florida corporation; WILLIAM J.

COOK

Defendants.

/

ORDER RELIEVING THE OFFICE OF THE PUBLIC DEFENDER OF THE

THIRTEENTH JUDICIAL CIRCUIT FROM REPRESENTATION

O

PLAINTIFF NEIL GILLESPIE

THIS CAUSE having come to be heard on the Motion

of

the Office

of

the Public Defender

for Clarification and the Court being fully advised in the premises does hereby relieve the Office

of

the Public Defender

of

the Thirteenth Judicial Circuit from representation

of

the plaintiff in this cause

as there is no lawful basis for the appointment

of

the Office

of

the Public Defender to represent the

plaintiff in the cause currently before the Court.

DONE AND ORDERED

at

Tampa, Hillsborough County, Florida on this __ ay

of

June, 2011.

HONORABLE JAMES D.

ARNOLD

CIRCUIT COURT

JUDGE

THIRTEENTH JUDICIAL CIRCUIT

HILLSBOROUGH

COUNTY

FLORIDA

Copies furnished to:

-Neil-GilJ'pi8092-SW-l-lS

th

L o o p ~ I 1 . f : : . : J 4 4 3 1 B__

--

.... m. . .. .. -

Ryan

C. Rodems, Barker, Rodems

Cook

400 North Ashley Dr., Ste.

2100

Tampa FL 33602

Richard L. Coleman

Esq., P.O. Box 5437, Valdosta, GA 31603

Mike Peacock, Office

of

the Public Defender

/km

ORIGIN L ~ G N E D

J U i ~ - 2Ull

~ ~ S

:'

..

~ N O t D

CIRCUITJU GE


24/24

payment for public records to dale bohner, clerk's counsel

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