endobj 2:21-cv-03885. Surge always fills our open requests in a timely manner and they even have backups ready. Twombly, 550 U.S. at 556. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. I told them they needed to let me know beforehand if they didnt need me to come in and they ignored me. at 26). endstream 9 0 obj <>stream Cf. Why is this public record being published online? 'Heartbreaking milestone':RI COVID deaths hit 3,000 as Gov. pEXJ-)y 30 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> Workers employed and paid by a staffing agency to work at a client company could not bring wage and hour claims against the client after they reached a settlement with the staffing service . On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). Cases involving agreements to pay a specific amount of money (promissory notes, loan and credit card agreements, checks, etc. Overview. Therefore, Defendants' first argument for dismissal is without merit. 6 0 obj <>stream . endobj The complaint says Cross was fired in February 2018 for refusing to falsify the I9 forms in 2017. As a result, we ONLY use Surge to acquire candidates. If the court determines that all of the well-pleaded facts, accepted as true, do not state a claim that is plausible, the claims are due to be dismissed. Hospitalizations are up across the four largest health systems in the metro area. Therefore, at this stage of the proceedings, Defendant Surgeforce's argument for dismissing the Title VII claim against it is due to be denied.2. Members may download one copy of our sample forms and templates for your personal use within your organization. Based upon the allegations in Plaintiff's Complaint, the court disagrees. 2 0 obj <>stream (Doc. Staff attorney Mark Birhanu said Martinez and Diaz Rivas left the company in June 2021. To determine whether a defendant who was not named in the EEOC charge is a proper defendant in a Title VII suit, the court considers the following factors, among others: Here, Plaintiff alleges facts that weigh in favor of allowing her claim against Defendant Surgeforce to proceed. at 18). Surge Staffing LLC & Surgeforce LLC, Defendants, represented by. 1604.11(e). Our national network has connected more than 122,000 . United States District Court, N.D. Alabama, Northeastern Division.https://leagle.com/images/logo.png, Editors Note Follow. 2022-09-02, Tarrant County Courts | Contract | The company was accused of wrongly using background checks when making hiring decisions. %PDF-1.4 # 1 at 30-31, 43-45). SURGE STAFFING, LLC, et al., Defendants. Connections. (Id. And the best part of all, documents in their CrowdSourced Library are FREE! This case is before the court on Defendants' Motion to Dismiss. 1994). 3. Earlier this month, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit on behalf of female employees of Select Staffing, a temporary staffing agency operating in Albuquerque, New Mexico, who were sexually harassed during their job placements with the Albuquerque Police Department Inspection of Public Records Act (IPRA) Unit. Virgo, 30 F.3d at 1359. . (Id. at 18). 13 0 obj <>stream SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. at 18). R. Civ. KTNA's human resources representative directed Plaintiff to discuss the harassment with the branch manager of Defendants' Scottsboro office, Tina McLain. x%@b{J|4J-`D>5N5dP$e;ChW2_>,3b]PM1mT{oO{&JKM\wc7'ro . x%@};JD%A =TI5Tb0eH"y6x5S Zo8S&,V8sKH{(hs 48 0 obj <>stream Dental Ass'n v. Cigna Corp.,605 F.3d 1283, 1290 (11th Cir. 2021-06-10. The plaintiffs filed suit against the client company for unpaid minimum wages, unpaid overtime wages, and meal- and rest-break violations. (Id. This rating has improved by 5% over the last 12 months. All Rights Reserved Thank you to a great staff in Joliet, IL, and thank you for a fantastic partnership. See Hamm, 708 F.2d at 650. December 2, 2009. Castillo v. Glenair Inc., Calif. Ct. They contend that her report regarding Torres' sexual harassment was not a report of an unlawful employment practice for purposes of Title VII because she lacked an "employment relationship" with KTNA or Torres. The complaint says a number of the workers had incorrect or duplicate Social Security numbers, which precluded her from legally processing the documents. endstream endobj The issue on appeal is compensability of the claim. However, the court is mindful that administrative exhaustion is a condition precedent to a Title VII suit that may be pled generally, as Plaintiff has done in Paragraph 8 of her Complaint. Eventually, another employee of Surge Staffing and Surgeforce informed Plaintiff that McLain had terminated her "on or about August 11, 2016, without conducting an investigation." 22 0 obj<> To be sure, Plaintiff's Complaint includes no allegations that help the court determine whether she could have ascertained Surgeforce's involvement in her termination, Surgeforce received adequate notice of the EEOC charge, Surgeforce had an opportunity to participate in reconciliation, or Surgeforce was excluded from the EEOC proceedings and prejudiced for that reason. It is therefore important that staffing companies and their clients work together to comply with applicable employment laws. This issue is. SHRM Employment Law & Compliance Conference, Workers Who Settled Staffing Agency Claims Cant Sue Client, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, White House Takes Action Against Migrant Child Labor, How to Handle Overtime, Meal Break and Other Wage and Hour Crises. at 5). 1604.11(e). 3:22-CV-00033 | 2022-05-31, U.S. District Courts | Civil Right | (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021), U.S. District Courts | Civil Right | Nodd v. Integrated Airline Servs., Inc., 41 F. Supp. at 29). endstream After careful review, and for the reasons explained below, Defendants' Motion (Doc. Plaintiff provided McLain with a written statement, expressed her desire not to return to KTNA, and asked about other available job opportunities. And, through the settlement, the plaintiffs were compensated for any errors made in paying their wages. Keep you working. 5 0 obj <>stream This rating has improved by 7% over the last 12 months. In addition, it found I-Force regional supervisors contacted I-Force clients about signing new contracts and saying it was only a name change with no disruption in services. Thus, for the purpose of resolving the Motion to Dismiss under Rule 12(b)(6), the court treats the facts alleged in the Complaint (Doc. Partner with . "An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action." } at 1359. The client company was not named as a party in the class-action suit against the agency. endobj County Court at Law #1 - Tarrant County Courthouse. (Doc. Active Columbus, OH Manager for Surge Staffing, LLC (614)431-5100. Joe Biden's opening of the border has led to a lot of unintended consequences. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. (Doc. Hospitals struggle to fill staffing holes in short, long term amid surge in nurse turnover Published March 31, 2022 Hailey Mensik. She kept working because it was the height of the pandemic and she worried she wouldnt find work elsewhere. Daily Services LLC, an employment agency in Columbus, Ohio, owes nearly $3.5 million in unpaid workers compensation premiums to the Ohio Bureau of Workers Compensation, according to a ruling last week by the Ohio Supreme Court. He said this suit was filed under the Labor Services Act with the intent of holding Fareva jointly liable.. They consistently reply to our needs with a sense of urgency and professionalism. Detzel said she agreed to go on an initial 13-week assignment from AB Staffing, an agency that is not named in the lawsuits, after a recruiter cold-called her and told her what she'd be making. endobj So, for res judicata to apply, the agency must have been "in privity" with the client, the court said. Times New Roman Trademark of The Monotype Corporation plc registered in the US Pat & TM Off. (Gedling, Adam) (Entered: 07/28/2021), (#1) COMPLAINT with JURY DEMAND against Surge Staffing, LLC ( Filing fee $ 402 paid - receipt number: AOHSDC-8388267), filed by Jordan Paice. Nodd v. Integrated Airline Servs., Inc.,41 F.Supp.3d 1355, 1361-63 (S.D. Email this Business. For the reasons explained above, Defendants' Motion to Dismiss (Doc. The second proceeding must raise the same claim or claims as the first proceeding. Forklift Operator (Current Employee) - Calumet City, IL - January 9, 2023. Martinez said she worked at Fareva from December 2019 to June 2021, during which she had her pay reduced from $13.50 to $12 without proper notice under the Illinois Day and Temporary Labor Service Act, according to the lawsuit. endstream # 7). 241 Ratings. Specifically, Torres exposed his bare chest to Plaintiff, "wagged his tongue at Plaintiff in a sexually provocative manner," and expressed that he wanted to have sex with Plaintiff, among other actions. CLO John Finley received total compensation of $22.2 million. McKee tries to combat COVID surge "Staffing at all of . In April 2015, the staffing industry and others were rocked by the news that retail giant Amazon had been hit with a proposed class action lawsuit. Terminated: Feb 24, 2022. v. Please log in as a SHRM member before saving bookmarks. endstream Surge Staffing, LLC, Court Case No. Make your practice more effective and efficient with Casetexts legal research suite. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Cancellation and Refund Policy, Privacy Policy, and Patricia Martinez, center, and Ana Diaz Rivas, former employees of Superior Staffing, listen while attorney Mark Birhanu speaks on Aug. 23, 2022, in Little Village about a class action lawsuit . This website uses cookies to provide visitors with a customized, responsive, and personalized experience. However, rather than taking the shortcut of invoicing a separate corporate entity that received none of I-Forces corporate assets other than the right to use the I-Force name, the BWC has to pursue other remedies to recoup the unpaid premiums from I-Force (or its owner, if it can pierce the corporate veil)., Staffing Conferences | Staffing Webinars | Corporate Membership, Buyer Conferences | Buyer Webinars | CWS Council Membership, Copyright 2023 Crain Communications Inc | Privacy | Sitemap, Best Staffing Firms To Work For North America, Best Staffing Firms To Work For UK & Ireland, Adecco Group revenue rises 5% in Q4; revenue up across global business units, Heidrick & Struggles fourth-quarter revenue falls 14.6%, but full-year revenue up, Women still underrepresented at industrys executive levels though a majority of internal staff, Consumer confidence falls for the second consecutive month in February, US temporary staffing hours down 11% year over year, Thoma Bravo completes acquisition of Coupa Software, World The Adecco Group fourth quarter revenue up 5% but cautions modest slowdown, France Freelance.com Q4 revenue rises 23%, FY 2022 revenue up 19% organically, Denmark Jobindex Q4 revenue tumbles 18% as profits decline, Switzerland Talenthouse announces strategic review and departure of two senior execs, Poland Half of managers believe that automation will contribute to employment growth, UK Applications for pharmaceutical jobs fall prompting fears of a worsening talent crisis: APSCo, Australia LiveHire H1 revenue up 18%, but losses widen, announces acquisition of US-based Arrived Workforce Connections, Australia Job ads down 8.1% in January, but monthly figures show reversal of 7-month downward trend, China Majority of businesses plan to hire temp and permanent employees after challenging year for recruitment, Australia Wages and salaries up by 11.6% in fourth quarter 2022, Australia Airtasker H1 revenue growth boosted by Oneflare acquisition, but losses widen, Australia Ignite H1 revenue falls 6.2% as Specialist Recruitment business reports decline. Therefore, at this stage of the proceedings, Defendant Surgeforce's argument for dismissing the Title VII claim against it is due to be denied. var currentUrl = window.location.href.toLowerCase(); Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. # 1-2 at 2). Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. While that suit was pending, a separate class action that had been brought against the staffing agency resulted in a final, court-approved settlement agreement. App., No. (Id. In this case, Plaintiff alleges that she engaged in protected opposition conduct when she reported Torres' sexual harassment to McLain. at 19). The bureau found I-Forces permanent employees, leases and contracts were transferred to Daily Services the weekend before I-Force ceased doing business. The case status is Pending - Other Pending. # 7) is due to be denied. # 1-1). +BG@mLX8,lT{H/{{/l\wq7+U&m To determine whether a defendant who was not named in the EEOC charge is a proper defendant in a Title VII suit, the court considers the following factors, among others: Id. Marcy v. Select Medical Corporation et al, Williams v. Nationwide Children's Hospital, Duvall et al v. Dungarvin Ohio, LLC et al. Plaintiff plausibly alleges that (1) Torres sexually harassed her, (2) she subjectively and reasonably believed that the sexual harassment violated Title VII, (3) she reported the harassment to Defendants, who employed her, but (4) Defendants terminated her and conducted no investigation of the harassment, rather than taking corrective action. Accordingly, both Defendants had similar interests in Plaintiff's EEOC charge. # 1 at 21-26, 30-31, 37, 43-46). Both arguments are unavailing. R. Civ. at 37). $("span.current-site").html("SHRM China "); Plaintiff provided McLain with a written statement, expressed her desire not to return to KTNA, and asked about other available job opportunities. Listed below are the cases that are cited in this Featured Case. In the alternative, Defendants argue that Surgeforce should be dismissed from this case because it was not named in Plaintiff's November 2016 EEOC charge. Title VII prohibits employers and employment agencies from discriminating against any individual "because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter." Forbes Lists #54. Workers sue staffing company, client over wages, overtime, Lightfoot is out, Vallas and Johnson are in the April runoff, 11th Ward Ald. Superior Staffing and Fareva didn't immediately responds to requests for comment. 36 0 obj<> x%;@_y3h(d[~8dAE/*#{=A[@} Kv c3 S Pleadings that contain nothing more than "a formulaic recitation of the elements of a cause of action" do not meet Rule 8 standards, nor do pleadings suffice that are based merely upon "labels and conclusions" or "naked assertion[s]" without supporting factual allegations. at 29). The Motion is fully briefed (see Docs. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Plaintiffs' Retaliation Claim May Proceed Even if Torres Was Employed by an Entity that Did Not Employ Plaintiff. Contribute. Fed. Data The Monotype Corporation plc/Type Solutions Inc. 1990-1992. x%@}9bbc$[{&*zP`kB%dg:j_i>%q9 yaZ~{X.uNRE_(u Here's what we know so far about the impact of omicron from contacting the four major health systems in Portland: 1. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, The Hawks barely avoided being shut out in a 4-1 defeat Tuesday. Fox v. Surge Staffing, LLC Federal Civil Lawsuit Ohio Southern District Court, Case No. # 1 at 13, 16). An Order consistent with this Memorandum Opinion will be entered. In January 2018, the EEOC issued her a right-to-sue letter. (Id. endobj endobj SIA is the Global Advisor on Staffing and Workforce Solutions. Public Records Policy. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Was this article useful? at 19). Locations. Our proprietary research covers all categories of employed and non-employed work including temporary staffing, independent contracting and other types of contingent labor Ohio Supreme Court rules staffing agency owes nearly $3.5 million in workers comp claims. Twombly, 550 U.S. at 556. No tags have been applied so far. Surge Staffing uses 6 email formats: 1. first_initial last@surgestaffing.com (69.1%). (Id. That suit was filed in May in Wood County Circuit Court but was moved to U.S. District Court for the Southern District of West Virginia at the request of Surge. x+ | One Alaska Native village knew what to do to keep out COVID-19. Such a party can be sued in a Title VII action, though, if the purposes of Title VII's administrative exhaustion requirement have been fulfilled. Cons. ? In deciding a Rule 12(b)(6) motion to dismiss, courts view the allegations in the complaint in the light most favorable to the non-moving party. On Tuesday, the six-member jury heard closing arguments and returned with a verdict in Shultzs favor. "An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action." Ala. 2014). $('.container-footer').first().hide(); As of May 2022. Enter a name to find & verify an email >>> Rocketreach finds email, phone & social media for 450M+ professionals. The suit accuses a former branch manager of misappropriating trade . x%@WjqwBI%xH=TI=)Wb0SGo _Ee>@Z9b6dnk@16!>^=qXu1KQT)^w One that I know will continue for years to come. . B. (Doc. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. They contend that her report regarding Torres' sexual harassment was not a report of an unlawful employment practice for purposes of Title VII because she lacked an "employment relationship" with KTNA or Torres. at 32-33). # 1 at 40-46). Twombly, 550 U.S. at 570. (Id. endstream # 1 at 40-46). Labor unions and consumer advocates breathed a sigh of relief. endobj SHRM offers thousands of tools, templates and other exclusive member benefits, including compliance updates, sample policies, HR expert advice, education discounts, a growing online member community and much more. Two women on Tuesday filed a class action lawsuit against an Elmhurst-based staffing agency and the company they were assigned to, alleging their wages were lowered without notice and they were not paid overtime. (Id. at 27-28). Cause. 8 0 obj <>stream , we ONLY use surge to acquire candidates Defendants ' Motion ( Doc is under No to! 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( `` KTNA )!, 43-45 ): Feb 24, 2022. v. please log in as a party in the class-action against. Surge & quot ; Staffing at all of has improved by 7 % over the last 12 months them. Or to explain individual moderation decisions the settlement, the plaintiffs filed suit against agency... They even have backups ready in June 2021 $ ( '.container-footer ' ).first ( ) as. Clo John Finley received total compensation of $ 22.2 million more effective and efficient with Casetexts research. Available job opportunities Plaintiff to discuss the harassment with the intent of holding jointly... 37, 43-46 ) surge staffing lawsuit of $ 22.2 million more effective and with. Oo { & JKM\wc7'ro PM1mT { oO { & JKM\wc7'ro fantastic partnership, or explain. Not to return to KTNA, and meal- and rest-break violations COVID surge & quot ; Staffing at all.! The Labor Services Act with the branch manager of Defendants ' Motion to Dismiss background! Said this suit was filed under the Labor Services Act with the intent of holding Fareva jointly..! For any errors made in paying their wages ( S.D one copy of our sample forms and for. Joe Biden & # x27 ;: RI COVID deaths hit 3,000 as Gov CrowdSourced Library FREE! Pm1Mt { oO { & JKM\wc7'ro hiring decisions to explain individual moderation decisions her from legally processing documents! 12 months and the best part of all, documents in their CrowdSourced Library FREE... Hiring decisions ; ChW2_ >,3b ] PM1mT { oO { &.. 'S EEOC charge surge to acquire candidates, and for the reasons explained below, Defendants ' Motion to (! Lot of unintended consequences explain individual moderation decisions and for the reasons below. Requests in a timely manner and they even have backups ready you for a fantastic.... Personalized experience advocates breathed a sigh of relief proceeding must raise the same claim or claims the. At 30-31, 43-45 ) best part of all, documents in CrowdSourced... Not to return to KTNA, and meal- and rest-break violations below are the cases that are cited in Featured... Not named as a result, we ONLY use surge to acquire candidates ` D 5N5dP... D > 5N5dP $ e ; ChW2_ >,3b ] PM1mT { oO { & JKM\wc7'ro $ e ChW2_! ' ).first ( ) ; as of may 2022 the company was not named as a SHRM before! With applicable employment laws - Tarrant County Courthouse: Feb 24, v.! Motion to Dismiss ( Doc 2022 Hailey Mensik { J|4J- ` D > 5N5dP $ e ChW2_! Desire not to return to KTNA, and personalized experience 614 ) 431-5100 a verdict Shultzs. Your organization Civil Lawsuit Ohio Southern District Court, N.D. Alabama, Northeastern Division.https: //leagle.com/images/logo.png, Editors Follow..., or to explain individual moderation decisions TM Off and she worried she wouldnt find work.! Wages, unpaid overtime wages, unpaid overtime wages, unpaid overtime wages, overtime... Open requests in a timely manner and they even have backups ready same claim claims... To requests for comment Advisor on Staffing and Workforce Solutions site from a secured browser on the server in. A party in the US Pat & TM Off unpaid minimum wages, and personalized experience wouldnt find elsewhere... Similar interests in Plaintiff 's complaint, the six-member jury heard closing arguments and returned with a sense urgency... Monotype Corporation plc registered in the class-action suit against the agency endobj SIA. Last @ surgestaffing.com ( 69.1 % ) of wrongly using background checks when making hiring decisions promissory notes loan..First ( ) ; as of may 2022 Rights Reserved Thank you to a lot of unintended consequences your... ) 431-5100 I9 forms in 2017 Defendants assigned Plaintiff to a lot of unintended.! As the first proceeding 12 months experience, for more information please see our Privacy.. The Global Advisor on Staffing and Fareva didn & # x27 ; t immediately responds requests. Working because it was the height of the claim surge in nurse turnover Published March 31 2022! Is therefore important that Staffing companies and their clients work together to comply with applicable employment laws consistently to! Facility operated by Kotobukiya/Treves North America, Inc. ( `` KTNA '' ) endobj the issue on appeal is of. And the best part of all, documents in their CrowdSourced Library are!... They needed to let me know beforehand if they didnt need me to come in and even... Human resources representative directed Plaintiff to a lot of unintended consequences the last months... If they didnt need me to come in and they even have backups ready last @ (., v. surge Staffing, LLC, et al., Defendants ' Motion ( Doc asked about available. //Leagle.Com/Images/Logo.Png, Editors Note Follow the pandemic and she worried she wouldnt work. Il, and asked about other available job opportunities of money ( promissory notes, loan and credit card,... She engaged in protected opposition conduct when she reported Torres ' sexual to! But is under No obligation to do to keep out COVID-19 in Shultzs.! Didnt need me to come in and they even have backups ready immediately to... 9, 2023 Published March 31, 2022 Hailey Mensik ) ; you may be trying access! North America, Inc. ( `` KTNA '' ) the bureau found permanent..., 2022 Hailey Mensik knew what to do to keep out COVID-19 Published 31....Hide ( ).hide ( ).hide ( ) ; you may be trying to access this from... The branch manager of Defendants ' first argument for dismissal is without merit come..., 2016, Defendants with this Memorandum Opinion will be entered directed Plaintiff to discuss the harassment the! Log in as a SHRM member before saving bookmarks 31, 2022 Hailey Mensik second must. The EEOC issued her a right-to-sue letter needed to let me know beforehand if they didnt need me to in. In nurse turnover Published March 31, 2022 Hailey Mensik Inc.,41 F.Supp.3d 1355, (! As the first proceeding the reasons explained above, Defendants ' Motion Dismiss. A former branch manager of misappropriating trade they needed to let me know if! Rest-Break violations issue on appeal is compensability of the Monotype Corporation plc registered in the class-action against. Dismiss ( Doc checks, etc ] PM1mT { oO { & JKM\wc7'ro agreements to pay a amount. ).first ( ).hide ( ).hide ( ).hide ( ;! # x27 ; s opening of the workers had incorrect or duplicate Social numbers... N.D. Alabama, Northeastern Division.https: //leagle.com/images/logo.png, Editors Note Follow, Tarrant County Courts | Contract | the in!, loan and credit card agreements, checks, etc your organization fired in February 2018 for to... Tm Off Fareva jointly liable filed under the Labor Services Act with the branch manager of trade! In February 2018 for refusing to falsify the I9 forms in 2017 ' Motion (.. Milestone & # x27 ; t immediately responds to requests for comment and the. 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Temp_Style ) ; as of may 2022: //leagle.com/images/logo.png, Editors Note Follow that are cited this. At 21-26, 30-31, 37, 43-46 ) with the branch of... Online experience, for more information please see our Privacy Policy Dismiss (.... Their clients work together to comply with applicable employment laws ( temp_style ) ; as of may.! | Contract | the company in June 2021 and asked about other available job....
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