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ARMSTRONG v. BROWN, C94 2307 CW. (2013)

Court: District Court, N.D. California Number: infdco20130422c95 Visitors: 4
Filed: Apr. 19, 2013
Latest Update: Apr. 19, 2013
Summary: [PROPOSED] AMENDED STIPULATED ORDER CONFIRMING UNDISPUTED ATTORNEYS' FEES AND COSTS FOR THE FOURTH QUARTER OF 2012 CLAUDIA WILKEN, District Judge. On March 26, 1997, the District Court established procedures by which Plaintiffs are to collect periodic attorneys' fees and costs in this case in connection with their work monitoring Defendants' compliance with the Court's Orders and collecting fees. Pursuant to these procedures, on January 30, 2013, Plaintiffs served on Defendants their Fourth Q
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[PROPOSED] AMENDED STIPULATED ORDER CONFIRMING UNDISPUTED ATTORNEYS' FEES AND COSTS FOR THE FOURTH QUARTER OF 2012

CLAUDIA WILKEN, District Judge.

On March 26, 1997, the District Court established procedures by which Plaintiffs are to collect periodic attorneys' fees and costs in this case in connection with their work monitoring Defendants' compliance with the Court's Orders and collecting fees.

Pursuant to these procedures, on January 30, 2013, Plaintiffs served on Defendants their Fourth Quarterly Statement for 2012 by overnight delivery. The parties completed their meet-and-confer process on March 14, 2013 as to the fees and costs incurred on all matters.

As a result of the March 14, 2013 agreement, the parties agree to the following:

The parties agree to the payment of $746,118.74 for undisputed fees and costs incurred during the Fourth Quarter of 2012, for monitoring and/or litigation activities in the California Department of Corrections of Rehabilitation Division of Adult Operations and Adult Programs (CDCR AOAP) portion of the case. Attached hereto as Exhibit A are charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the parties to settle these claims.

The parties agree to the payment of $224,425.74 for undisputed fees and costs incurred during the Fourth Quarter of 2012, for monitoring and/or litigation activities in the Board of Parole Hearings (BPH) portion of the case. Attached hereto as Exhibit B are charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the parties to settle these claims.

The parties agree to the payment of $44,141.66 for undisputed fees and costs incurred during the Fourth Quarter of 2012, for monitoring and/or litigation activities in the Division of Adult Parole Operations (DAPO) portion of the case. Attached hereto as Exhibit C are charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the parties to settle these claims.

The parties agree to the payment of $15,227.69 for undisputed fees and costs incurred during the Fourth Quarter of 2012, for activities in the Appeal of the August 28, 2012 Order portion of the case. Attached hereto as Exhibit D are charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the parties to settle these claims.

The parties agree to the payment of $19,260.14 for undisputed fees and costs incurred during the Fourth Quarter of 2012, for fees on fees. Attached hereto as Exhibit E are charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the parties to settle these claims.

IT IS HEREBY ORDERED that the amounts set forth above are due and collectable as of May 6, 2013. Interest on these fees and costs will run from January 30, 2013, accruing at the rate provided by 28 U.S.C. § 1961.

Exhibit A

Armstrong v. Brown

Fourth Quarterly Statement of 2012 October 1, 2012 through December 31, 2012

CDCR/AOAP SUMMARY OF CLAIMED FEES AND COSTS

MATTER CLAIMED FEES CLAIMED COSTS CDCR/AOAP MONITORING $724,859.33 $21,259.41 TOTALS $724,859.33 $21,259.41 GRAND TOTAL CLAIMED: $746,118.73

Armstrong v. Brown

Fourth Quarterly Statement of 2012 October 1, 2012 through December 31, 2012

Matter: CDCR/AOAP Monitoring/Merits

Monitoring (581-3) Actual Claimed Claimed Withdrawn Undisputed 2012 Hours Hours Fees By Pltfs Hours Rates Total ROSEN, BIEN, GALVAN & GRUNFELD Michael W. Bien (MWB) 10.80 10.50 $7,980.00 0.47 10.03 $760 $7,620.90 Gay C. Grunfeld (GCG) 24.20 23.60 $15,104.00 1.06 22.54 $640 $14,424.32 Jane E. Kahn (JK) 2.90 2.30 $1,311.00 0.10 2.20 $570 $1,252.01 Thomas Nolan (TN) 218.75 218.25 $117,855.00 9.82 208.43 $540 $112,551.53 Kenneth M. Walczak (KMW) 0.30 0.00 $0.00 0.00 0.00 $460 $0.00 Lisa Ells (LAE) 88.90 76.10 $31,201.00 3.42 72.68 $410 $29,796.96 Laura Boysen-Aragon (LBA) 9.60 9.60 $3,840.00 0.43 9.17 $400 $3,667.20 Blake Thompson (BT) 104.80 103.30 $39,254.00 4.65 98.65 $380 $37,487.57 Michael Freedman (MLF) 221.20 204.60 $73,656.00 9.21 195.39 $360 $70,341.48 Sumana Cooppan Wolf (SCW) 12.20 0.00 $0.00 0.00 0.00 $340 $0.00 Krista Stone-Manista (KSM) 99.80 50.70 $17,238.00 2.28 48.42 $340 $16,462.29 Kevin Jones (KEJ) 0.20 0.00 $0.00 0.00 0.00 $280 $0.00 Rolayn Tauben (RLT) 160.80 125.70 $35,196.00 5.66 120.04 $280 $33,612.18 Karen Stilber (KES) 4.70 0.00 $0.00 0.00 0.00 $260 $0.00 Diana Ruslani (DAR) 12.30 0.00 $0.00 0.00 0.00 $215 $0.00 Marc Shinn-Krantz (MSK) 124.10 115.50 $24,832.50 5.20 110.30 $215 $23,715.04 Haruka Roudebush (HR) 282.00 225.20 $48,418.00 10.13 215.07 $215 $46,239.19 Doris Tseng (DT) 1.30 0.00 $0.00 0.00 0.00 $215 $0.00 Lucy Taylor (LRT) 147.50 135.90 $29,218.50 6.12 129.78 $215 $27,903.67 Total Hours: 1,526.35 1,301.25 $445,104.00 58.56 1242.69 RBGG UNDISPUTED FEES: $425,074.32 PRISON LAW OFFICE Donald Specter (DS) 5.80 5.80 $4,437.00 0.26 5.54 $765 $4,237.34 Steve Fama (SF) 0.20 0.20 $138.00 0.01 0.19 $690 $131.79 Sara Norman (SN) 0.20 0.20 $115.00 0.01 0.19 $575 $109.83 Millard Murphy (MM) 39.10 39.10 $21,700.50 1.76 37.34 $555 $20,723.98 Alison Hardy (AH) 0.20 0.20 $111.00 0.01 0.19 $555 $106.01 Rebekah Evenson (RE) 107.80 107.80 $54,978.00 4.85 102.95 $510 $52,503.99 Megan Hagler (MH) 103.00 103.00 $46,350.00 4.64 98.37 $450 $44,264.25 Penny Godbold (PG) 194.60 194.60 $87,570.00 8.76 185.84 $450 $83,629.35 Corene Kendrick (CK) 80.90 80.90 $36,405.00 3.64 77.26 $450 $34,766.78 Madeline Bailey (MB) 58.90 58.90 $11,191.00 2.65 56.25 $190 $10,687.41 Sheena Green (SG) 13.50 13.50 $2,565.00 0.61 12.89 $190 $2,449.58 Lauren Kelleher (LK) 14.70 14.70 $2,793.00 0.66 14.04 $190 $2,667.32 Kelly Nguyen (KN) 60.20 60.20 $11,438.00 2.71 57.49 $190 $10,923.29 Marley Williams (MW) 4.70 4.70 $893.00 0.21 4.49 $190 $852.82 Alex Pauley 64.40 64.40 $12,236.00 2.90 61.50 $190 $11,685.38 Fatinha Santos (FS) 89.60 89.60 $17,024.00 4.03 85.57 $190 $16,257.92 Jessica Bendit (JB) 8.10 8.10 $1,539.00 0.36 7.74 $190 $1,469.75 Total Hours: 845.90 845.90 $311,483.50 38.07 807.83 PLO UNDISPUTED FEES: $297,466.74 DISABILITY RIGHTS EDUCATION AND DEFENSE FUND Linda Kilb (LDK) 3.50 3.50 $2,152.50 0.16 3.34 $615 $2,055.64 Hongyu Min (HM) 2.2 2.20 $275.00 0.10 2.10 $125 $262.63 Total Hours: 5.70 5.70 $2,427.50 0.26 5.44 DREDF UNDISPUTED FEES: $2,318.26 TOTAL UNDISPUTED CDCR/AOAP MONITORING FEES: $724,859.33

Armstrong v. Brown

Fourth Quarterly Statement of 2012 October 1, 2012 through December 31, 2012

Costs

Matter: CDCR/AOAP Merits/Monitoring Withdrawn Costs Rosen, Bien, Galvan & Grunfeld (581-3) Costs by Plaintiffs Now Owing Photocopying (In house) $2,477.20 $111.47 $2,365.73 Photocopying (Outside) $1,547.54 $69.64 $1,477.90 Lexis / Westlaw $73.61 $3.31 $70.30 Online Research - PACER $2.20 $0.10 $2.10 Postage & Delivery $649.27 $29.22 $620.05 Travel - Mileage, Tolls, Food $8,574.93 $385.87 $8,189.06 Telephone $14.30 $0.64 $13.66 Facsimile $4.00 $0.18 $3.82 Total Undisputed RBGG Costs: $12,742.61 Prison Law Office Costs Photocopying (In house) $1,212.20 $54.55 $1,157.65 Postage & Delivery $427.36 $19.23 $408.13 Travel - Mileage, Tolls, Food $6,914.25 $311.14 $6,603.11 Expert Services $232.50 $10.46 $222.04 Total Undisputed PLO Costs: $8,390.93 Disability Rights Education & Defense Fund, Inc. Photocopying (in-house) $104.60 $4.71 $99.89 Postage & Delivery $26.80 $1.21 $25.59 Online Research - PACER $0.40 $0.02 $0.38 Total Undisputed DREDF Costs: $125.87 TOTAL UNDISPUTED CDCR/AOAP MERITS/MONITORING COSTS: $21,259.41

Exhibit B

Armstrong v. Brown

Fourth Quarterly Statement of 2012 October 1, 2012 through December 31, 2012

BPH SUMMARY OF CLAIMED FEES AND COSTS

MATTER CLAIMED FEES CLAIMED COSTS BPH MONITORING $220,148.51 $4,277.23 TOTALS $220,148.51 $4,277.23 GRAND TOTAL CLAIMED: $224,425.74

Armstrong v. Brown

Fourth Quarterly Statement of 2012 October 1, 2012 through Dectember 31, 2012

Matter: BPH Monitoring

BPH (581-4) Actual Claimed Claimed Withdrawn Undisputed 2012 Hours Hours Fees By Pltfs Hours Rates Total ROSEN, BIEN, GALVAN & GRUNFELD Michael W. Bien (MWB) 11.50 11.30 $8,588.00 0.51 10.79 $760 $8,201.54 Gay C. Grunfeld (GCG) 32.80 32.40 $20,736.00 1.46 30.94 $640 $19,802.88 Ernest Galvan (EG) 2.70 2.70 $1,647.00 0.12 2.58 $610 $1,572.89 Tom Nolan (TN) 32.50 32.50 $17,550.00 1.46 31.04 $540 $16,760.25 Kenneth Walczak (KMW) 25.10 24.90 $11,454.00 1.12 23.78 $460 $10,938.57 Lisa Ells (LAE) 4.30 0.00 $0.00 0.00 0.00 $410 $0.00 Leslie Mehta (LCM) 17.00 17.00 $7,990.00 0.77 16.24 $470 $7,630.45 Kathryn Mantoan (KGM) 23.00 23.00 $9,430.00 1.04 21.97 $410 $9,005.65 Aaron Fischer (AJF) 40.30 40.30 $16,120.00 1.81 38.49 $400 $15,394.60 Blake Thompson (BT) 65.20 64.40 $24,472.00 2.90 61.50 $380 $23,370.76 Michael Freedman (MLF) 75.00 71.10 $25,596.00 3.20 67.90 $360 $24,444.18 Krista Stone-Manista (KSM) 8.00 6.90 $2,346.00 0.31 6.59 $340 $2,240.43 Margot Mendelson (MKM) 19.10 15.20 $5,168.00 0.68 14.52 $340 $4,935.44 Sumana Cooppan Wolf (SCW) 44.70 39.30 $13,362.00 1.77 37.53 $340 $12,760.71 Jenny Yelin (JSY) 40.40 40.20 $13,065.00 1.81 38.39 $325 $12,477.08 Kevin Jones (KEJ) 2.10 0.00 $0.00 0.00 0.00 $280 $0.00 Rolayn Tauben (RLT) 93.40 68.10 $19,068.00 3.06 65.04 $280 $18,209.94 Karen Stilber (KES) 43.40 43.00 $11,180.00 1.94 41.07 $260 $10,676.90 Lucy Taylor (LT) 52.50 46.50 $9,997.50 2.09 44.41 $215 $9,547.61 Marc Shinn-Krantz (MSK) 2.00 0.00 $0.00 0.00 0.00 $215 $0.00 Diana Ruslani (DAR) 1.30 0.00 $0.00 0.00 0.00 $215 $0.00 Doris Tseng (DT) 0.10 0.00 $0.00 0.00 0.00 $215 $0.00 Haruka Roudebush (HR) 6.20 5.10 $1,096.50 0.23 4.87 $215 $1,047.16 Abigail Haney (AMH) 20.60 20.60 $4,429.00 0.93 19.67 $215 $4,229.70 Total Hours: 663.20 604.50 $223,295.00 27.20 577.30 RBGG UNDISPUTED FEES: $213,246.73 PRISON LAW OFFICE Rana Anabtawi (RA) 21.90 21.90 $7,227.00 0.99 20.91 $330 $6,901.79 Total Hours: 21.90 21.90 $7,227.00 0.99 20.91 PLO UNDISPUTED FEES: $6,901.79 TOTAL UNDISPUTED FEES FOR BPH MONITORING WORK: $220,148.51

Armstrong v. Brown

Fourth Quarterly Statement of 2012 October 1, 2012 through December 31, 2012

Costs

Matter: BPH Monitoring Withdrawn Costs Rosen, Bien, Galvan & Grunfeld (581-4) Costs by Plaintiffs Now Owing Photocopying (In-house) $411.60 $18.52 $393.08 Photocopying (Outside) $69.42 $3.12 $66.30 Online Research - PACER and Legislative History $3.00 $0.14 $2.87 Lexis / Westlaw $51.80 $2.33 $49.47 Postage and Delivery $14.45 $0.65 $13.80 Telephone $13.35 $0.60 $12.75 Fax $16.00 $0.72 $15.28 Travel - Mileage, Tolls, Food $3,474.03 $156.33 $3,317.70 Total Undisputed RBGG Costs: $3,871.24 Prison Law Office Travel - Mileage, Tolls, Food $425.13 $19.13 $406.00 Total Undisputed PLO Costs: $406.00 TOTAL UNDISPUTED BPH MONITORING COSTS: $4,277.23

Exhibit C

Armstrong v. Brown

Fourth Quarterly Statement of 2012 October 1, 2012 through December 31, 2012

DAPO SUMMARY OF CLAIMED FEES AND COSTS

MATTER CLAIMED FEES CLAIMED COSTS DAPO MONITORING $42,624.99 $1,516.67 TOTALS $42,624.99 $1,516.67 GRAND TOTAL CLAIMED: $44,141.67

Armstrong v. Brown

Fourth Quarterly Statement of 2012 October 1, 2012 through Dectember 31, 2012 Matter: DAPO Monitoring

DAPO Monitoring (581-9) Actual Claimed Claimed Withdrawn Undisputed 2012 Hours Hours Fees By Pltfs Hours Rates Total ROSEN, BIEN, GALVAN & GRUNFELD Michael Bien (MWB) 2.10 2.10 $1,596.00 0.09 2.01 $760 $1,524.18 Gay C. Grunfeld (GCG) 7.20 6.70 $4,288.00 0.30 6.40 $640 $4,095.04 Ernest Galvan (EG) 5.80 5.80 $3,538.00 0.26 5.54 $610 $3,378.79 Kenneth M. Walczak (KMW) 24.80 22.20 $10,212.00 1.00 21.20 $460 $9,752.46 Lisa Ells (LAE) 0.20 0.00 $0.00 0.00 0.00 $410 $0.00 Blake Thompson (BT) 0.60 0.00 $0.00 0.00 0.00 $380 $0.00 Michael Freedman (MLF) 6.80 6.50 $2,340.00 0.29 6.21 $360 $2,234.70 Sumana Cooppan Wolf (SCW) 35.90 33.70 $11,458.00 1.52 32.18 $340 $10,942.39 Rolayn Tauben (RLT) 0.20 0.00 $0.00 0.00 0.00 $280 $0.00 Karen Stilber (KES) 1.70 0.00 $0.00 0.00 0.00 $260 $0.00 Diana Ruslani (DAR) 66.10 52.10 $11,201.50 2.34 49.76 $215 $10,697.43 Haruka Roudebush (HR) 1.30 0.00 $0.00 0.00 0.00 $215 $0.00 Marc Shinn-Krantz (MSK) 1.00 0.00 $0.00 0.00 0.00 $215 $0.00 Doris Tseng (DT) 0.20 0.00 $0.00 0.00 0.00 $215 $0.00 Total Hours: 153.90 129.10 $44,633.50 5.81 123.29 RBGG UNDISPUTED FEES: $42,624.99 TOTAL UNDISPUTED FOR DAPO MONITORING WORK: $42,624.99

Armstrong v. Brown

Fourth Quarterly Statement of 2012 October 1, 2012 through December 31, 2012

Costs

Costs Matter: DAPO Monitoring Withdrawn Costs Rosen, Bien, Galvan & Grunfeld (581-9) Costs by Plaintiffs Now Owing Photocopying (in-house) $48.00 $2.16 $45.84 Photocopying (outside) $534.21 $24.04 $510.17 Postage & Delivery $304.04 $13.68 $290.36 Telephone $12.45 $0.56 $11.89 Travel - Mileage, Tolls, Food $689.44 $31.02 $658.42 Total Undisputed RBGG Costs: $1,516.67 TOTAL UNDISPUTED DAPO MONITORING COSTS: $1,516.67

Exhibit D

Armstrong v. Brown

Fourth Quarterly Statement of 2012

October 1, 2012 through December 31, 2012

8/28/2012 ORDER APPEAL SUMMARY OF CLAIMED FEES AND COSTS

MATTER CLAIMED FEES CLAIMED COSTS 8/28/12 ORDER APPEAL $15,152.03 $75.66 TOTALS $15,152.03 $75.66 GRAND TOTAL CLAIMED: $15,227.69

Armstrong v. Brown

Fourth Quarterly Statement of 2012 October 1, 2012 through Dectember 31, 2012

Matter: APPEAL 8/28/2012 ORDER

Appeal 8/28/12 ORDER (581-18) Actual Claimed Claimed Withdrawn Undisputed 2012 Hours Hours Fees By Pltfs Hours Rates Total ROSEN, BIEN, GALVAN & GRUNFELD Michael Bien (MWB) 4.50 4.50 $3,420.00 0.20 4.30 $760 $3,266.10 Gay C. Grunfeld (GCG) 4.2 3.9 $2,496.00 0.18 3.72 $640 $2,383.68 Lisa Ells (LAE) 25.5 23 $9,430.00 1.04 21.97 $410 $9,005.65 Blake Thompson (BT) 1 0 $0.00 0.00 0.00 $380 $0.00 Michael Freedman (MLF) 1.3 0 $0.00 0.00 0.00 $360 $0.00 Sumana Cooppan Wolf (SCW) 0.7 0 $0.00 0.00 0.00 $340 $0.00 Kathryn Mantoan (KGM) 0.2 0 $0.00 0.00 0.00 $410 $0.00 Rolayn Tauben (RLT) 0.4 0 $0.00 0.00 0.00 $280 $0.00 Karen Silber (KES) 2.8 2 $520.00 0.09 1.91 $260 $496.60 Haruka Roudebush (HR) 0.2 0 $0.00 0.00 0.00 $215 $0.00 Marc Shinn-Krantz (MSK) 0.1 0 $0.00 0.00 0.00 $215 $0.00 Total Hours: 40.90 33.40 $15,866.00 1.50 31.90 RBGG UNDISPUTED FEES: $15,152.03 TOTAL UNDISPUTED FOR APPEAL 8/28/12 ORDER WORK: $15,152.03

Matter: Appeal 8/28/12 Order

Withdrawn Costs Rosen, Bien, Galvan & Grunfeld (581-17) Costs by Plaintiffs Now Owing Photocopying (In house) $26.60 $1.20 $25.40 Photocopying (outside) $32.46 $1.46 $31.00 Lexis / Westlaw $20.17 $0.91 $19.26 Total Undisputed RBGG Costs: $75.66 TOTAL UNDISPUTED 8/28/12 Appeal Order COSTS: $75.66

Exhibit E

Armstrong v. Brown

Fourth Quarterly Statement of 2012 October 1, 2012 through December 31, 2012

SUMMARY OF CLAIMED FEES WORK AND COSTS

CLAIMED FEES CLAIMED COSTS FEES WORK (ALL MATTERS) $18,951.02 $309.12 GRAND TOTAL CLAIMED: $19,260.14

Armstrong v. Brown

Fourth Quarterly Statement of 2012 October 1, 2012 through Dectember 31, 2012

Matter: All Matters Fees Work

Fees (581-2) Actual Claimed Claimed Withdrawn Undisputed 2012 Hours Hours Fees By Pltfs Hours Rates Total ROSEN, BIEN, GALVAN & GRUNFELD Sanford Jay Rosen (SJR) 0.60 0.00 $0.00 0.00 0.00 $840 $0.00 Michael W. Bien (MWB) 0.50 0.50 $380.00 0.02 0.48 $760 $362.90 Gay C. Grunfeld (GCG) 7.60 7.60 $4,864.00 0.34 7.26 $640 $4,645.12 Lisa Ells (LAE) 0.40 0.00 $0.00 0.00 0.00 $410 $0.00 Blake Thompson (BT) 12.50 12.50 $4,750.00 0.56 11.94 $380 $4,536.25 Michael Freedman (MLF) 0.30 0.00 $0.00 0.00 0.00 $360 $0.00 Glenn Baldwin (GMB) 37.90 32.20 $7,084.00 1.45 30.75 $220 $6,765.22 Total Hours: 59.80 52.80 $17,078.00 2.38 50.42 RBGG UNDISPUTED FEES: $16,309.49 PRISON LAW OFFICE Rebekah Evenson (RE) 1.70 1.70 $867.00 0.08 1.62 $510 $827.99 Coreen Kendrick (CK) 0.50 0.50 $225.00 0.02 0.48 $450 $214.88 Edie DeGraff (ED) 5.20 5.20 $936.00 0.23 4.97 $180 $893.88 Total Hours: 7.40 7.40 $2,028.00 0.23 4.97 PLO UNDISPUTED FEES: $1,936.74 DISABILITY RIGHTS EDUCATION AND DEFENSE FUND Linda Kilb (LDK) 1.20 1.20 $738.00 0.05 1.15 $615 $704.79 Total Hours: 1.20 1.20 $738.00 0.05 1.15 DREDF UNDISPUTED FEES: $704.79 TOTAL UNDISPUTED FEES FOR ARMSTRONG FEES WORK: $18,951.02

Armstrong v. Brown

Fourth Quarterly Statement of 2012 October 1, 2012 through December 31, 2012

Costs

Matter: Fees Work in All Matters Withdrawn Costs Rosen, Bien, Galvan & Grunfeld (581-2) Costs by Plaintiffs Now Owing Photocopying and Printing (in-house) $226.60 $10.20 $216.40 Telephone $0.40 $0.02 $0.38 Postage & Delivery $26.69 $1.20 $25.49 Total Undisputed RBGG Costs: $242.27 Disability Rights Education & Defense Fund, Inc. Costs Photocopying (in-house) $70.00 $3.15 $66.85 Total DREDF Costs: $70.00 $66.85 TOTAL UNDISPUTED FEES WORK COSTS: $309.12
Source:  Leagle

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