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Lawsuit of the Day: As the Paralegal World Turns...

Weil.gifLegal Pad (a Cal Law blog) has a link to this amazing complaint [PDF] filed by paralegal Jason Herrera against Weil, Gotshal & Manges.

Herrera's complaint -- "for discrimination, retaliation, intentional infliction of emotional distress, negligent infliction of emotional distress and fraud" -- reads like a reality tv show pitch about the lives of paralegals. Herrera has been a paralegal in Weil's Silicon Valley office since 2004. In his complaint, he talks about:

  • a female paralegal who thinks men are inferior to women
  • a male paralegal who thinks women are inferior to men (and referred to a co-worker as "milky creamies" in honor of her breasts)
  • a paralegal who expressed prejudice against Latinos
  • good old inter-office gossip about who liked and hated whom
  • the use of the "pimp hand" and the "mojo hand" to intimidate and cajole:

  • Herrera Complaint.jpg

    From Legal Pad:

    (For those who don't know, Matt Powers is one of the most feared, respected and successful patent litigators in the country.)

    (Also for those of you don't know, the ever-useful urban dictionary defines "pimp hand" as "the hand used to smack your ho's around," but has no definition for "mojo hand")...

    Reached Friday at Weil Gotshal where he still works, Herrera told Legal Pad he sued because he was out of options for resolving the problems. He has yet to serve the firm, and said he was contemplating Friday just how to do it.

    Wikipedia says the mojo hand is a kind of magic charm. We still don't know what a mojo hand is, but we want one!

    As a former paralegal, Kash was most amused by Herrera's complaint that he was given "repetitive, unchallenging and un-enriching tasks." Welcome to being a paralegal!

    Lawyer's 'Pimp Hand' Mojos Up A Staffer's Suit? [Legal Pad]
    Complaint: Herrera v. Weil, Gotshal & Manges [PDF]

    Comments
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    1 Posted by guest | Permalink Wednesday, May 21, 2008 1:49 PM

    milky creamies. lulz

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    2 Posted by guest | Permalink Wednesday, May 21, 2008 1:49 PM

    milky creamies. lulz

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    3 Posted by guest | Permalink Wednesday, May 21, 2008 1:51 PM

    If I can get my hands on Matthew Powers's "mojo hand," then I can ascend to the top tier of IP litigators!

    -- Rival IP Litigator

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    4 Posted by guest | Permalink Wednesday, May 21, 2008 1:52 PM

    Also: Welcome to unemployment!

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    5 Posted by guest | Permalink Wednesday, May 21, 2008 2:05 PM

    If this is what immigration policies are leading to, I'm voting for McCain.

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    6 Posted by guest | Permalink Wednesday, May 21, 2008 2:10 PM

    Mr. Herrera: What reality are you living in?

    How is any of the behavior about which you complain differrent from anything that goes on in ANY law firm, or any corporate environment, for that matter?

    Sorry to break this to you, but if you didn't like the place, you should have sought employment somewhere else. Given that this is now forever embedded on the internet, you have very likely destroyed any chance of getting a job anywhere, doing anything.

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    7 Posted by guest | Permalink Wednesday, May 21, 2008 2:11 PM

    2:05 - that's possibly the first time anyone has ever said he is voting _for_ McCain because of immigration policies.

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    8 Posted by guest | Permalink Wednesday, May 21, 2008 2:17 PM

    Is the mojo hand magical like a monkey's paw? I bought one of those in Morocco, and I guess technically it worked, but it also brought tragic side-effects.

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    9 Posted by guest | Permalink Wednesday, May 21, 2008 2:18 PM

    Yeah, I'd like a tall half-caf Americano, heavy on the milky creamies please.

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    10 Posted by guest | Permalink Wednesday, May 21, 2008 2:19 PM

    2:10 or should I say, 1L,

    I love your logic. If everyone does it, then, by definition, it must be acceptable.

    You may also be surprised that the behavior he describes does not happen in every corporate environment. You should probably experience one before claiming knowledge of what everyone does.

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    11 Posted by guest | Permalink Wednesday, May 21, 2008 2:24 PM

    Why would he file the complaint but not serve it? That makes no sense.

    And what is there to contemplate about how to serve the firm? Does he think he needs to break it to them softly?

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    12 Posted by guest | Permalink Wednesday, May 21, 2008 2:34 PM

    Guys at my high school used both their Mojo and Pimp hands all the time. They were ambidextrous and it was no big deal.

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    13 Posted by guest | Permalink Wednesday, May 21, 2008 2:38 PM

    do biglaw associates always travel 1st/business class?

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    14 Posted by guest | Permalink Wednesday, May 21, 2008 2:40 PM

    uh, no

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    15 Posted by guest | Permalink Wednesday, May 21, 2008 2:41 PM

    My guess for what he/they meant by "pimp hand" and "mojo hand" was some botched version of the "pimp slap" and "bitch slap" dichotomy. The pimp slap uses the back of one's hand, while the bitch slap uses one's palm.

    See definition 5: http://www.urbandictionary.com/define.php?term=bitch+slap

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    16 Posted by guest | Permalink Wednesday, May 21, 2008 2:42 PM

    224 - Filing but not serving happens all the time, e.g., preserving venue, settlement, publicity, getting your case together, not starting the clock, etc....

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    17 Posted by guest | Permalink Wednesday, May 21, 2008 2:48 PM

    OMG I couldn't get through more than a couple of pages of that thing, and that' s with my interest being re-heightened by "milky creamies". Good luck having future employment anywhere at any time, mr. plaintiff.

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    18 Posted by guest | Permalink Wednesday, May 21, 2008 2:50 PM

    Not sure about the lawyers, but paralegals at Weil got a memo regarding the suit this morning.

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    19 Posted by guest | Permalink Wednesday, May 21, 2008 2:52 PM

    6. "I am, and have always been, a male . . ."

    That's how you know that it will be an interesting complaint.

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    20 Posted by guest | Permalink Wednesday, May 21, 2008 2:53 PM

    2:41:

    That's true!

    Also, a bitch slap is best used in the heat of an argument. Someone gets crazy and you have to bitch slap them.

    A pimp slap sorta comes out of nowhere. You are counting your money or otherwise engaged in your own tasks and someone interrupts you. So, you pimp slap them (i.e., slap them with the back of your hand), mostly to get them out yo biznass.

    I use both. Regularly.

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    21 Posted by guest | Permalink Wednesday, May 21, 2008 2:53 PM

    Powers here! I enjoy using the mojo hand a lot more than the pimp hand, but sometimes you need to lay down the law.

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    22 Posted by guest | Permalink Wednesday, May 21, 2008 3:09 PM

    2:53 -- holy crap, that was funny.

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    23 Posted by guest | Permalink Wednesday, May 21, 2008 3:16 PM

    I hope he wins. 2:10 is right. This crap probably goes on at most law firms and it makes for a terrible work environment.

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    24 Posted by guest | Permalink Wednesday, May 21, 2008 3:23 PM

    complaints (or anything, really) are funny when they're written by stupid people who think they're smart.

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    25 Posted by guest | Permalink Wednesday, May 21, 2008 3:31 PM

    Procedural note: probably had to file becuase the clock was running on his "right to sue" letter (4/27/07).

    Classical bunch of office dysfunctionals: The man hating paralgal feminist. (probably inserts deliberate typos in men's work- and balmes them) The sex obsessed idiot. I can't imagine any guy over the age of 16 (or IQ of 90) saying "milky creamies". And the plaintiff himself: the eternal whining victim.

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    26 Posted by guest | Permalink Wednesday, May 21, 2008 3:31 PM

    Procedural note: probably had to file becuase the clock was running on his "right to sue" letter (4/27/07).

    Classical bunch of office dysfunctionals: The man hating paralgal feminist. (probably inserts deliberate typos in men's work- and balmes them) The sex obsessed idiot. I can't imagine any guy over the age of 16 (or IQ of 90) saying "milky creamies". And the plaintiff himself: the eternal whining victim.

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    27 Posted by guest | Permalink Wednesday, May 21, 2008 3:31 PM

    Procedural note: probably had to file becuase the clock was running on his "right to sue" letter (4/27/07).

    Classical bunch of office dysfunctionals: The man hating paralgal feminist. (probably inserts deliberate typos in men's work- and balmes them) The sex obsessed idiot. I can't imagine any guy over the age of 16 (or IQ of 90) saying "milky creamies". And the plaintiff himself: the eternal whining victim.

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    28 Posted by guest | Permalink Wednesday, May 21, 2008 3:32 PM

    Procedural note: probably had to file becuase the clock was running on his "right to sue" letter (4/27/07).

    Classical bunch of office dysfunctionals: The man hating paralgal feminist. (probably inserts deliberate typos in men's work- and balmes them) The sex obsessed idiot. I can't imagine any guy over the age of 16 (or IQ of 90) saying "milky creamies". And the plaintiff himself: the eternal whining victim.

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    29 Posted by guest | Permalink Wednesday, May 21, 2008 3:34 PM

    He's got a complaint, but not a Complaint.

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    30 Posted by guest | Permalink Wednesday, May 21, 2008 3:39 PM

    3:34 - You doing stand-up in the metro area any time soon? I'd love to catch your act but I assume it'd be sold out.

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    31 Posted by guest | Permalink Wednesday, May 21, 2008 3:39 PM

    "As a former paralegal, Kash was most amused by Herrera's complaint that he was given 'repetitive, unchallenging and un-enriching tasks.' Welcome to being a paralegal!"

    So Kash is looking for enrichment...

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    32 Posted by guest | Permalink Wednesday, May 21, 2008 3:40 PM

    "As a former paralegal, Kash was most amused by Herrera's complaint that he was given 'repetitive, unchallenging and un-enriching tasks.' Welcome to being a paralegal!"

    So Kash is looking for enrichment...

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    33 Posted by guest | Permalink Wednesday, May 21, 2008 3:41 PM

    "As a former paralegal, Kash was most amused by Herrera's complaint that he was given 'repetitive, unchallenging and un-enriching tasks.' Welcome to being a paralegal!"

    So Kash is looking for enrichment...

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    34 Posted by guest | Permalink Wednesday, May 21, 2008 3:42 PM

    Instead of waisting time and money filing a law suit, why couldn't this guy just go and find another job?

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    35 Posted by guest | Permalink Wednesday, May 21, 2008 3:42 PM

    "As a former paralegal, Kash was most amused by Herrera's complaint that he was given 'repetitive, unchallenging and un-enriching tasks.' Welcome to being a paralegal!"

    So Kash is looking for enrichment...

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    36 Posted by guest | Permalink Wednesday, May 21, 2008 3:44 PM

    "As a former paralegal, Kash was most amused by Herrera's complaint that he was given 'repetitive, unchallenging and un-enriching tasks.' Welcome to being a paralegal!"

    So Kash is looking for enrichment...

    37 Posted by GOB | Permalink Wednesday, May 21, 2008 3:44 PM

    Sure, the guy in the $5,000 suit is going to professionally enrich the guy who doesn't make that in three months! COME ON!!!

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    38 Posted by guest | Permalink Wednesday, May 21, 2008 3:44 PM

    I'm curious--is Kash looking for enrichment?

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    39 Posted by guest | Permalink Wednesday, May 21, 2008 3:44 PM

    "As a former paralegal, Kash was most amused by Herrera's complaint that he was given 'repetitive, unchallenging and un-enriching tasks.' Welcome to being a paralegal!"

    So Kash is looking for enrichment...

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    40 Posted by guest | Permalink Wednesday, May 21, 2008 3:47 PM

    I see nothing wrong with speaking about women in a derogatory manner. This is a law firm. This is the new millennium. Women shouldn't even be allowed to speak much less complain about something a man said.

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    41 Posted by guest | Permalink Wednesday, May 21, 2008 3:57 PM

    great post GOB. AD was the best show ever.

    COME ON!!!

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    42 Posted by guest | Permalink Wednesday, May 21, 2008 4:16 PM

    3:23 - "complaints (or anything, really) are funny when they're written by stupid people who think they're smart."

    That is precisely what keeps comment threads amusing.

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    43 Posted by guest | Permalink Wednesday, May 21, 2008 4:27 PM

    He uses the pimp hand to jerk off in the morning and the mojo hand to jerk off in the evening.

    Sucks to be anything besides a partner at a large law firm - that's why Powers can use both hands to jerk it.

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    44 Posted by guest | Permalink Wednesday, May 21, 2008 4:35 PM

    I I think the tone of this post would be less mocking if it was an attorney suing and not a paralegal.

    Law Firms do horribly mistreat support staff (and it is considered acceptable, and even funny).

    From the way Law Firms let their employees act it seems that Law Firms believe that Labor Law does not apply to associates and partners treatment of support staff.

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    45 Posted by guest | Permalink Wednesday, May 21, 2008 4:35 PM

    I I think the tone of this post would be less mocking if it was an attorney suing and not a paralegal.

    Law Firms do horribly mistreat support staff (and it is considered acceptable, and even funny).

    From the way Law Firms let their employees act it seems that Law Firms believe that Labor Law does not apply to associates and partners treatment of support staff.

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    46 Posted by guest | Permalink Wednesday, May 21, 2008 4:38 PM

    Powers is THE MAN. We should all make an annual pilgrimage to his office to worship him in all of his pimp slappin splendiferesnous.

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    47 Posted by guest | Permalink Wednesday, May 21, 2008 4:53 PM

    How is Weil Gotshal pronounced?

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    48 Posted by guest | Permalink Wednesday, May 21, 2008 5:03 PM

    "man hating paralgal feminist. (probably inserts deliberate typos in men's work- and balmes them)"

    Wow. Get some therapy for the paranoia issues 3:31, m'kay?

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    49 Posted by guest | Permalink Wednesday, May 21, 2008 5:08 PM

    @4:53:

    "Shit hole"

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    50 Posted by guest | Permalink Wednesday, May 21, 2008 5:08 PM

    4:35,

    If a lawyer wrote this the tone would be mocking too. The plaintiff's complaints are mainly about mistreatment by the other paralegals, not by partners and associates. It sounds like this plaintiff didn't play well with others (yelling at one paralegal over her professionalism and trying to boss around a junior paralegal who ignored him).


    The plaintiff seems really thin skinned. A junior female paralegal whose boss refers to her as "milky creamies" thinks men are idiots and this guy alleges firm wide sexism because of it?

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    51 Posted by guest | Permalink Wednesday, May 21, 2008 5:09 PM

    @4:53:

    "Shit hole"

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    52 Posted by guest | Permalink Wednesday, May 21, 2008 5:24 PM

    As a paralegal in biglaw.....I agree....if you can't stand the heat....get out of the kitchen before you get pimp slapped.....

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    53 Posted by guest | Permalink Wednesday, May 21, 2008 8:51 PM

    For those who don't have the time to read the complaint, I'll summarize:

    1. I'm a paralegal.

    2. I worked in an office with real people.

    3. Some of said people were nicer than others, some were more aggressive than others, and not every interaction I had or observed with every person was pleasant.

    4. My relationships with my co-workers went bad because we had some disputes.

    5. My supervisor tried to resolve the disputes and didn't take my side.

    6. My work experience was significantly less enjoyable after my relationships with my co-workers went bad.

    7. I couldn't repair my relationships with my co-workers, so I decided to sue my employer.

    --------------

    Working in an office can suck. See Office Space. In a small office, if you don't play well in the sandbox, it can really suck. If the sandbox is a law firm, and you're at the bottom of the food chain, you might not find much sympathy from your supervisors. Unfortunately for Mr. Herrera, I doubt any of that is illegal.

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    54 Posted by guest | Permalink Wednesday, May 21, 2008 9:53 PM

    How badly, if at all, does it hurt to get pimp slapped?
    Also, can anyone at a biglaw firm say what it feels like to get mojo slapped?

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    55 Posted by guest | Permalink Wednesday, May 21, 2008 10:17 PM

    Accord, 3:44.

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    56 Posted by guest | Permalink Wednesday, May 21, 2008 10:44 PM

    I work at Weil--though not in the SV office--and I believe every f-ing word of the complaint.

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    57 Posted by guest | Permalink Thursday, May 22, 2008 12:03 AM

    I'm guessing the firm is very aware of this complaint now....

    Not much of a surprise, however, as Weil likely knew this was coming given that the right to sue letter was forwarded to the NY office.

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    58 Posted by guest | Permalink Thursday, May 22, 2008 12:38 AM

    What does a right to sue letter mean?

    Does it mean: (1) the EEOC has done some evaluation of the claim and finds that it meets some threshold showing necessary for a lawsuit,

    or

    (2) the EEOC process has run its course, and the EEOC has decided not to do anything--i.e. "we don't want this, go ahead and sue if you want"

    or

    (3) some third possibility.

    In other words, what does a "right to sue" letter say, if anything, about the merit of the case?

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    59 Posted by guest | Permalink Thursday, May 22, 2008 1:33 AM

    12:38, I'm no expert, but I'm fairly certain that the EEOC will grant a right to sue as a matter of course if requested 180 days after the claim was filed. A right to sue can be granted for other reasons as well. In short, I believe a right to sue letter, in and of itself, says nothing about the merits.

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    60 Posted by guest | Permalink Thursday, May 22, 2008 9:49 AM

    You spelled his name wrong. It's Max Powers.

    - Trent Steele

    P.S. Not being able to use a new handle every time sucks.

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    61 Posted by guest | Permalink Thursday, May 22, 2008 11:19 AM

    To say he used "the Carrot and the Stick" would have imparted the same meaning.

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    62 Posted by guest | Permalink Friday, May 23, 2008 1:33 PM

    mojo hand
    love it 5 thumbs up hate it

    A powerful hoodoo charm, usually a cloth bag filled with roots, herbs, minerals, goofer dust, etc. Does not actually refer to an actual hand, but to certain roots commonly used in mojo. Also called a gris-gris.
    Going down to Louisiana to get me a mojo hand

    from "Got My Mojo Workin'" Muddy Waters

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    63 Posted by guest | Permalink Saturday, May 24, 2008 5:51 AM

    I know this guy. Yes, he really is that whiney in real life. And yes, no one at Weil can stand to work with him, though this has more to do with his abrasive personality rather than sexism/discrimination/any other excuse he could think of to justify coworkers disliking him.

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    64 Posted by guest | Permalink Saturday, May 24, 2008 5:51 AM

    I know this guy. Yes, he really is that whiney in real life. And yes, no one at Weil can stand to work with him, though this has more to do with his abrasive personality rather than sexism/discrimination/any other excuse he could think of to justify coworkers disliking him.

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    65 Posted by guest | Permalink Saturday, May 24, 2008 5:51 AM

    I know this guy. Yes, he really is that whiney in real life. And yes, no one at Weil can stand to work with him, though this has more to do with his abrasive personality rather than sexism/discrimination/any other excuse he could think of to justify coworkers disliking him.

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