include a $2,000 monthly fee per individual for independent living, a range of $4,500 to $8,682 per month for assisted living . 172 at 7-8. While many CCRC residents say they've noticed an uptick in the age of incoming residents, that may or may not say anything about the community's activities. For the reasons stated above, the defendants' motions for discovery and for leave to file a supplemental Rule 56(d) affidavit will be granted. ( 446 Reviews) $13.99 $18.99 -27% Big Discount BUY MORE SAVE MORE VIEW MORE Free Gift Over $79 4 interest-free payments of $3.49. The lawsuit was commenced by the EEOC's Baltimore Field Office, one of four component offices of the agency's Philadelphia District Office. Id. As a parent I immediately reached out to Charlestown's human resources manager, who assured me my daughter's name would be omitted from the complaint of bulling. developer and operator, Erickson Retirement Communities, now known as Erickson Living, filed for bankruptcy protection in 2009. 2d 403 (1995) (quoting Pacor, 743 F.2d at 994); cf. Our innovative and solution-based techniques will help guide your loved one to the drug and alcohol read more in Addiction Medicine, Counseling & Mental Health Location & Hours 3000 Essex Rd Tinton Falls, NJ 07753 Some others died as a result of injuries sustained while residing at the retirement facility. The GST Trusts never made any payments on the Note--the first payment was due on May 4, 2006 and the Note fully matured on April 1, 2010. On October 17 and 24, the parties submitted briefing. With so many incredible amenities, it's like you're living in a resort. "); Nesterfield v. United States, 366 F. App'x 614, 619-20 (6th Cir. ECF No. By David Rodeck Retirement Community Company Fired Director Who Opposed Disability Discrimination, Federal Agency Charges. ECF No. Contracts can include such provisions as promising to refund a set percentage of the entrance fee or saying the refundable portion will decline over a certain number of years. In re Air Cargo, Inc., 401 B.R. [1], Erickson Senior Living was founded in 1983 by John C. Erickson as Erickson Retirement Communities. In denying the plaintiff's Rule 56(d) motion, the Bilal court relied heavily on the fact that the plaintiff disregarded the judge's explicit warnings that the plaintiff would not receive additional discovery deadline extensions. ; ECF No. Our growing community is looking for talented people to join our team and enjoy great pay and benefits. American City Business Journals Shine National Light on Erickson Senior Livings $4B Growth Plan, Erickson Senior Living Welcomes Taneika Herman as Director of Diversity, Inclusion, and Belonging, Erickson Senior Living Names Nicole Walker as Senior Vice President of Human Resources and Chief Diversity Officer. We have some strategies to make the best of things. Aloitus sopimuksen mukaan. 154-1 at 3, 5, 154-4, 154-7 at 1. LEXIS 53468 (S.D.N.Y. . John C. Erickson, who built one of the nation's largest retirement community businesses, improperly diverted company assets to himself and his family, a trustee for creditors of the firm said. On June 13, 2013, the GST Trusts again moved for an extension of time to file a response. To receive the equity of approximately 350,000 dollars I have to pay this bill. Call 1-855-221-7955 to get pricing and availability information. Justia US Law Case Law Michigan Case Law Michigan Court of Appeals - Unpublished Opinions Decisions 2017 ERMA ROGERS REVOCABLE TRUST V ERICKSON RETIREMENT COMMUNITIES Receive free daily summaries of new opinions from the Michigan Supreme Court . she says. After PRS removed seven of the nine Rogue Valley board members, that legal challenge fizzled. A non-moving party's Rule 56(d) request for additional discovery is properly denied "where the additional evidence sought for discovery would not have by itself created a genuine issue of material fact sufficient to defeat summary judgment." We have ways to make it stop. 33. That's the challenge facing seniors considering a move to a continuing-care retirement community. Accordingly, the Court concluded that "related to" jurisdiction was lacking. 166-1 at 1-2. Some residents of both for-profit and nonprofit CCRCs are concerned about how the organization uses residents' fees, says Katherine Pearson, a law professor at Penn State's Dickinson School of Law who studies CCRCs. "Look out for fuzzy language," he says, such as involuntary discharges being allowed for "good cause. Equal Employment Opportunity Commission (EEOC) charged in a Published 26 August 22. How to Choose the Best Divorce Attorney for Your Case, King and Kings Attorneys Reviews How to Judge Whether the Firm is Right For You, The 7 Most Common Car Accident Injuries What To Look Out For, How to Find Attorneys in Quincy, Massachusetts, Three Important Aspects of Hiring Puerto Rico Attorneys. 2010) ("[This post-confirmation] adversary proceeding . There are usually several defendants in any case. Strag v. Bd. Justia US Law Case Law Michigan Case Law Michigan Court of Appeals - Published Opinions Decisions 2018 SMITH TRUST AND ESTATE V ERICKSON RETIREMENT COMMUNITIES Receive free daily summaries of new opinions from the Michigan Supreme Court . [9], In 2015, Erickson Senior Living was ranked as one of the top 10 senior living providers in the Assisted Living Federation of America's (ALFA) annual ranking of senior living providers by resident capacity. The Trustee and the GST Trusts reached a settlement, but the agreement was not approved by the bankruptcy court because creditors objected. This case should remind all employers to investigate internal complaints of discrimination and not retaliate against those brave enough to oppose perceived discrimination.". The trust filed an adversary proceeding, seeking to recover fraudulent conveyances and asserted other state law claims. ECF No. By prepaying for long-term care, residents are limiting their risks if care costs skyrocket.While these contracts are still common, many CCRCs also offer other options. 2023 Erickson Senior Living. Ask about the process for moving to a nearby facility if the nursing facility fills up and how any extra cost would be covered. and the Plan was substantially consummated." Neither Erickson nor several of his family members listed as defendants in the suit returned calls seeking comment Saturday. I would like the parent company, Erickson, to call me. ECF No. John C. Erickson had planned to step down as chairman after the company exited bankruptcy. Click here to see available positions. 83 at 2. 166. Find detailed information on Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly companies in Tuusula, Uusimaa, Finland, including financial statements, sales and marketing contacts, top competitors, and firmographic insights. If a case does not meet those requirements, it will not proceed. [8], Erickson Senior Living owns, manages, and operates campus-style retirement communities that provide independent living, assisted living, memory and skilled nursing care. BBB asks third parties who publish complaints, reviews and/or responses on this website to affirm that the information provided is accurate. Radi v. Sebelius, 434 F. App'x 177, 178 (4th Cir. 2004). However, in the context of litigation trusts, which always maintain some connection to the bankruptcy post-confirmation, bankruptcy jurisdiction required careful circumscription to avoid "'unending jurisdiction.'" All of these lawsuits were settled out of court. Nursing home lawsuits require hiring an attorney with experience in nursing home litigation. LEXIS 53468, at *14-*16. She joined Kiplinger in 2011 from the, How to find a Tax Preparer: What to look for in a tax professional, Stock Market Today: Stocks Brush Off Disappointing Tesla Investor Day, New RMD Rules: Starting Age, Penalties, Roth 401(k)s, and More, As the Market Falls, New Retirees Need a Plan, Retirees: Your Next Companion May Be a Robot, Using Your 401(k) to Delay Getting Social Security and Increase Payments. at 836. 2007) (affirming grant of summary judgment because nonmovant "failed to identify relevant information" to support his motion for discovery and failed to "demonstrate that information relevant to his claim actually existed"). Dan Lain (the "Trustee"), the appointed trustee of the Liquidating Creditor Trust of Erickson Retirement Communities, LLC (the "Liquidating Trust"), sued Paul L. Erickson and Cynthia A. Plungis (the "GST Trustees"), as trustees of the 2002 Nancy A. Erickson GST Trust and the 2002 John C. Erickson GST Trust (the "GST Trusts"), and others for breach of contract and other claims. Traditionally, CCRCs offered "life care" or type A contracts, which typically involve high entrance fees but limit future cost increases for long-term-care services. 154-1 at 6 n.14. ECF No. 154-7 at 2-3. ECF No. Or the facility may be bought out of bankruptcy by a new owner, resulting in service changes and other upheaval for residents. Ruth Holland Walsh, president of the National Continuing Care Residents Association, says she has seen her own monthly fees climb nearly 60% since she first moved to a Mystic, Conn., CCRC in 2005. A major C.C.R.C. Equal Employment Opportunity Commission (EEOC) alleging workplace retaliation. See ECF No. Erickson Senior Living is an owner, manager and developer of retirement communities in the United States. The Note was signed on May 4, 2005, and the first payment was due May 4, 2006, ECF No. 152, 155. Biden President Joe Biden speaks to the House Democratic Caucus Issues Conference, Wednesday, March 1, 2023, in Baltimore. 2011) (citing Trask v. Franco, 446 F.3d 1036, 1042 (10th Cir. On this Wikipedia the language links are at the top of the page across from the article title. Residents want more control over Rogue Valley's future, he says. Given the growing needs of an aging community, these funds can run dry. On January 30, 2013, the parties submitted a status report noting that they had reached a settlement, which would be effective upon bankruptcy court approval. Works, 519 F. App'x at 182 (internal quotations omitted); accord Harrods, 302 F.3d at 245 n. 18 (citing with approval sources applying the rule liberally). BBB reports on known marketplace practices. Nursing home administrators sometimes do not take complaints seriously. Federal district courts have "original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to cases under title 11." In 2005, as part of a tax and estate planning transaction, EG sought to buy-back the ownership interests from the BCF at their fair market value of $55 million. 171, 172, 175. at 8-9. & Serv. retired individuals. The Their website even states "An Award-Winning Workplace" valuing diversity, inclusion, friendliness, integrity, teamwork, and respect". See ECF No. In Resorts, a post-confirmation case, a litigation trust formed to prosecute some of the debtor's pre-petition claims brought a malpractice suit against an accounting firm that had performed services for the trust. Id. View Project. "It's a very successful model . Erickson created RLTV, a television network that focused programming towards seniors in 2006. Privacy / Terms of Use. Sioux City School Board members named in former Superintendent Paul Gausman's lawsuit file motion to strike; Le Mars boys basketball coaches double-team retirement; . On October 3, 2013, the Court ordered the parties to submit supplemental briefing on the Court's subject matter jurisdiction. The GST Trusts' second, untimely, affidavit provides, in much more detail, the facts the defendants wish to investigate and the discovery they wish to conduct to establish defenses to the promissory note. I am expected to pay this bill and send it to Erickson in Maryland. 33 at 9. John C. Erickson, ERC's current Executive Chair, founded ERC in 1983 to develop and operate large campus-style CCRCs to provide seniors with affordable . Our community is ready to answer. Furthermore, obviously the action sought impacts the plan as the entire plan is based on the collection [of] the litigation proceeds, without which there is no distribution under the plan.") See ECF No. ", In addition to his regular bridge and poker games, Waite serves on the resident advisory council and finance committee. Among the approved expenses claimed in the suit were a $10 million yacht, a $4.6 million Erickson mansion in Baltimore, as well as a second smaller yacht and a $400,000 Baltimore condo. When you purchase through links on our site, we may earn an affiliate commission. 10 myths told by COVID experts andnow debunked 4 replies. Once the bankruptcy court has confirmed the Chapter 11 plan, however, the scope of "related to" jurisdiction narrows. Attorneys in the Philadelphia District Office also prosecute discrimination cases in Washington, D.C. and parts of Virginia. ", EEOC Philadelphia District Director Jamie R. Williamson added, "The EEOC is committed to protecting employees from unlawful retaliation. 159-1 at 1. Retired Johns Hopkins University President William R. Brody was also a board member with the company and is listed in the suit. NY 10036. Were Hiring! June 30, 2008) for the proposition that "hope that settlement negotiations would be successful" does not support "good cause" for giving additional time for discovery under Rule 56(d). 172 at 8, 171-1 at 7, 15. 2781 Siena Lakes Circle, Naples, FL 34109, HIPAA About Erickson Senior Living: Erickson Senior Living is a nation-leading manager of continuing care retirement communities. Id. Erickson Retirement Communities sued more than a few individuals who have died since the lawsuits were filed. Several members of his family, including his wife Nancy, served as directors and officers of EG and ERC. In order for such lawsuits to be successful, the plaintiffs attorney must prove three things to be true: (a) systemic abuse; (b) the existence of deliberate wrongdoing by the defendants; and (c) a violation of the Americans with Disabilities Act. The refund is often contingent on your unit being occupied by a new residentwhich may mean long refund delays when the housing market is in the doldrums. "I've been a very strong advocate of residents' rights," he says. The Trustee asserts that the Ericksons "extracted" the loan from EG to "line[] their own pockets," never intending to pay it back or use the funds for EG purposes. 172-73, 175. Your 401(k) can be a bridge from retirement to higher monthly income. Modified date: December 23, 2019. However, to defer consideration of summary judgment the GST Trusts only need to "describe with particularity the evidence [they seek] to obtain." I am not comfortable paying this bill off an online statement that I was told would be mailed to me. Equal Housing Opportunity ECF No. Brett Favre's defamation lawsuit against talk show host Pat McAfee is no longer just talk. ECF No. ECF No. Here, there was no schedule set for discovery, and the parties reached a settlement. Concerns about recession, inflation and health care costs weigh on retirees and near retirees. 154-1 at 4. Rule 56(d) requires the district court to refuse to grant summary judgment, when the non-movant "has not had the opportunity to discover information that is essential to his opposition." ECF No. New York, 154. 1-1 at 10. A statement that is very far reaching as myself and my daughter have experienced firsthand the lack of integrity, respect, teamwork and the lack there of. Make your practice more effective and efficient with Casetexts legal research suite. 178, 185 (Bankr. 512-879-1451 All-Inclusive Independent Retirement Community in Amazing Austin! In addition, a special election is to be held in the 8th State Senate district, concurrent with the Spring primary and general election. 2013) (quoting Fed.R.Civ.P. Create a personalized strategy to maximize your lifetime income from Social Security. Prospective residents should examine the CCRC's ownership structure, since problems at a parent company can mean problems for residents. (quoting Raby v. Livingston, 600 F.3d 552, 561 (5th Cir. ECF No. Erickson Retirement Communities founder faces $100M lawsuit By Jessica Anderson and The Baltimore Sun Baltimore Sun Jun 04, 2011 at 12:00 am The founder of the Catonsville-based. Erickson Retirement Communities. In support of their motion for more time to conduct discovery, the GST Trusts attached a Rule 56(d) affidavit signed by Scott Erickson. at 189. The major benchmarks were mixed for most of Wednesday until comments from Atlanta Fed President Raphael Bostic sparked tailwinds for stocks. 0 0-0 0, Emma Erickson 1-3 . Choose from a variety of apartment homes that are low on maintenance and big on style. D. Md. 3 NC couples share their secrets to more than 60 years of marriage. The Trustee correctly notes that the district court may deny a Rule 56(d) request when the party seeking discovery has not been diligent in conducting discovery. Learn More THE PROJECT Making Your Money Last "Retaliation can deter victims and witnesses from reporting workplace discrimination, which impermissibly interferes with our mission. By the editors of Kiplinger's Personal Finance "The corporation has asked me at times to cool it a bit.". . EG lent the money to the GST Trusts; the GST Trusts issued a promissory note to EG on May 4, 2005 (the "Note"); and the GST Trusts purchased the EG interests from the BCF. The Trustee contends that this affidavit does not "articulate a single fact needed to defeat summary judgment or articulate a plausible basis for a belief that any facts exist." 169. ECF No. about an Erickson Senior Living-managed community by requesting a brochure or visit. The Court held that, under Valley Historic and Resorts, the suit was "related to" bankruptcy, because the bankruptcy plan "provides that all funds ultimately recovered in any lawsuit brought by the litigation trustee will be devoted to satisfy the claims of creditors," bankruptcy courts have greater post-confirmation subject matter jurisdiction over litigation trusts created by liquidating, rather than reorganizing, bankruptcy plans, the main claim at issue arose out of bankruptcy law, and the claims arose pre-petition. See ECF No. Future US, Inc. Full 7th Floor, 130 West 42nd Street, 159-1. All Rights Reserved. NAIC: 623311 Continuing Care Retirement Communities How BBB Processes Complaints and Reviews. These lawsuits are just one more reason to recommend that people considering nursing homes consider lawsuits prior to signing a contract. Or the facility may be bought out of bankruptcy by a new owner. Village Shalom. Why? An entrance fee is a one-time, upfront charge that usually doesn't buy you ownership interest in a CCRC apartment. Valley Historic, 486 F.3d at 836-37 (quoting Resorts, 372 F.3d at 167) (internal quotations omitted). ERICKSON RETIREMENT COMMUNITIES CEDAR CREST VILLAGE - 92 State Rt 23, Riverdale, NJ - Yelp Erickson Retirement Communities Cedar Crest Village 3 reviews Unclaimed Rehabilitation Center Edit Write a review Add photo Share Save Photos & videos See all 5 photos Add photo Location & Hours 92 State Rt 23 Riverdale, NJ 07457 Get directions Id. The Trustee also contends that the Court has diversity jurisdiction. The sale of Erickson Retirement Communities LLC, which manages 19 full-service campus-style communities, to Redwood Capital Investments, has been completed, the senior living provider disclosed . It was marked as resolved on the Court's docket when the civil case was closed, even though the GST Trusts were not dismissed from the case with the other original defendants. Published 8 September 22. John C. Erickson, who founded the Baltimore County Erickson Retirement Communities in 1983, is accused, along with his family members and other former board members, of approving company. Id. Some CCRCs have an appeals process for residents who are transferred involuntarily. 159 at 4. To get a sense of what life is really like at a CCRC, make several unannounced visits and have a few random meals there. He could not be reached for comment Saturday. View Project. In Valley Historic, the debtor partnership filed for bankruptcy after the Bank of New York informed it that the debtor's loan agreement with the bank required a tenfold increase in monthly loan payments. Valley Historic, 486 F.3d at 836-37. John Erickson was the President of EG and had a controlling interest. BBB Business Profiles are subject to change at any time. Occupancy below 85% "can be a cause for concern, unless it's in a newer community that's filling up," says Stephen Maag, director of residential communities at LeadingAge, an association of nonprofit senior care providers. Published 21 September 22. 33. You'll need to assess your ability to pay monthly fees that may rise faster than inflation. The Trustee asserts, without citation, that the affidavit does not meet the requirements of Rule 56(d), because "the affidavit is full of hearsay and conclusory statements about what others allegedly said and believed." Visit our Sales Center to review floor plans that suit your style and budget. When a CCRC is forced into bankruptcy, any deposit a resident may have made could be lost. Swim, dine, or take a class. Mercy Health agreed to pay a gross settlement amount of $4 million to resolve the claims of settlement class members in a lawsuit filed in August 2020, according to a plaintiffs' memorandum of law . With so many incredible amenities, it's like you're living in a resort. at 165. ECF No. Instead, it allows you to occupy the unit and typically guarantees you access to long-term care at the facility. All Rights Reserved. [6] The company was renamed to Erickson Senior Living in 2021. Id. "); In re Wellington Apartment, LLC, 353 B.R. In other words, unlike the claims at issue in Resorts and Valley Historic, the claim against the GST Trusts was specifically integrated into the Plan as a means of recovery for certain debtors--it is a matter affecting the "implementation, consummation, execution, or administration of the confirmed plan." Given the GST Trusts' detailed assertions in the second affidavit that fact-specific issues of intent and motive require discovery and will likely support viable defenses to their liability on the note, and construing the defendants' submissions in a "spirit of liberality," the Court will give the defendants an opportunity to prove their defenses by granting leave to file the second affidavit. 701 Maiden Choice Lane, Baltimore, MD 21228. ECF No. To date, more than 24,500 residents at these communities have received the COVID-19 vaccine. Accordingly, the GST Trusts' motion to file a second affidavit, and their Rule 56(d) motion, will be granted. [5] The majority of that company's assets were purchased by Redwood Capital Investments LLC for $365 million, and a new Erickson Living company was created as a subsidiary of Redwood Capital Investments LLC. These include "modified" or type B contracts, which typically have lower entrance fees but include only a limited amount of assisted living and nursing care in the initial fee. 131 M Street, NE More than 27,000 residents supported by a team of 15,000-plus employees . | at 8-9. As a matter of policy, BBB does not endorse any product, service or business. Scams Well guide you through the process. I have no regrets. Id. The Trustee opposes this motion, asserting that the GST Trusts have not established "good cause or excusable neglect for their untimely filing." CARF International, which provides accreditation to CCRCs, has a consumer guide to understanding CCRC finances at www.carf.org (opens in new tab). Sharp increases in monthly fees are a common concern among CCRC residents. When it comes to these special jurisdictions, litigants must seek an attorney who is either licensed to practice law in the jurisdiction or is otherwise properly qualified to handle such a case. McAfee opened his show on Monday by revealing that he had been "officially" served" over the weekend, notifying him he is part of Favre's wide-ranging suit that also includes a Mississippi government official . III. 2005) ("Here the implementation of the payment of unsecured creditors through claims prosecuted by the Litigation Trustee is precisely at issue, and falls squarely in the realm of limited jurisdiction that a bankruptcy court may hear."). That's particularly important given that Devonshire's plan options promise entrance-fee refunds of up to 90%. 166-1. See also In re Insilco Technologies, Inc., 330 B.R. [3] By 2009, Erickson operated a billion-dollar portfolio of properties in states from Massachusetts to Texas. Copyright 2020-2022 Lawkk. The company was acquired later that year and. 5. Choose independent living for an active lifestyle, or thrive with the support of continuing care. Share sensitive See, e.g., Radi, 434 F. App'x at 178. 1334(b). You may find a lively, collegial communityor something that more resembles your worst memories of grade-school bullying.Benson, the Boston lawyer, recently worked with a CCRC resident suffering from Parkinson's disease. 4. 163 at 4. If you get a call from someone who claims to be your grandchild in trouble and needing money right away, be wary. See ECF Nos. Erickson Senior Living Community happens to be one of the many companies that advertises student hiring. Ask a question about working or interviewing at Erickson Senior Living. All Rights Reserved. He and five top managers, including the chief executive and chief financial officers and Erickson's two sons, were to be replaced by a team chosen by Redwood. The search for the ideal retirement community is only getting tougher as CCRCs offer a growing array of complex contract types and struggle with financial challenges. Examples from Erickson's Riderwood community in Silver Spring, Md. An experienced attorney can help the plaintiff obtain just compensation. is unrelated to any specific provision of the Plan. Thus, the Court found jurisdiction even though the debtor only "reference[d] these claims in the Plan which created the litigation trust" generally, rather than specifically. 2008) ("The jurisdictional statutes apply without differentiating between liquidating and reorganizing debtors. The entrance fee refund program at both Sedgebrook and Monarch Landing . The choice of contract can depend on the senior's ability to absorb future cost increases, health status and risk tolerance. ECF No. at 525 (finding no "related to" jurisdiction under Resorts, because "neither the Plan nor Disclosure Statement specifically identifies the claims against the defendants as an asset to be liquidated and distributed to creditors")). Austin is the live music capital of the world, so you can imagine a city this vivacious would boast a senior community with an atmosphere just as engaging. ECF No. John and Nancy Erickson established the GST Trusts as charitable remainder trusts which expired five years from the date of creation. 486 F.3d at 834. That is why an attorney who has experience in nursing home litigation can be so valuable. Learn More Color: Green Size: US Size Guide S (6-8) M (10) L (12) XL (14) XXL (16) 4XL (20) Product Measurement Shoulder: 38.5, Bust: 94, Sleeve Length: 60, Length: 66.5 (cm) ADD TO CART Buy it now Product Details 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 Id. Property taxes, home repairs, and all utilities are just a few of the everyday costs included. With a type A contract, "if you prepay all that medical care and die within the first few years in the community, you would have been better off with fee-for-service," says James Ciprich, wealth manager at RegentAtlantic Capital, in Morristown, N.J.No matter what type of contract you're considering, ask for a breakdown of all fees and a history of past fee increasesand understand what you're getting for those fees. ERC was a privately-owned entity that developed and managed retirement communities. 155. 1984) (applying Rule 56(d) "liberally" to consider late-filed affidavits). Washington, DC 20507 2011). See, e.g., White v. BFI Waste Servs., LLC, 375 F.3d 288, 295 n.2 (4th Cir. See ECF No. Some retirement homes have become too lax in implementing safety measures. On April 16, 2010, a reorganization plan was confirmed (the "Plan"), which created the Liquidating Trust to prosecute certain claims on behalf of specified unsecured creditor beneficiaries. We rely heavily on coaches, athletic directors and tournament managers to input results into our 406 Sports "portal". Erickson Living, a large developer of senior living communities backed by a billionaire, received approval for two loans totaling $2.5 million from the federal government's small business.
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