3/12/2021
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`Centralized CM/ECF LIVE - U.S. District Court:txwd
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`PATENT
`
`U.S. District Court [LIVE]
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`Western District of Texas (Waco)
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`CIVIL DOCKET FOR CASE #: 6:20-cv-00664-ADA
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`KOSS Corporation v. Skullcandy, Inc.
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`Assigned to: Judge Alan D Albright
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`Related Cases: 6:20-cv-00665-ADA
`6:21-cv-00088-ADA
`6:21-cv-00091-ADA
`6:21-cv-00089-ADA
`Cause: 35:271 Patent Infringement
`Plaintiff
`KOSS Corporation
`
`Date Filed: 07/22/2020
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`Jury Demand: Plaintiff
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`Nature of Suit: 830 Patent
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`Jurisdiction: Federal Question
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`represented by Gina A Johnson
`K&L Gates, LLP
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
`(312) 327-1121
`Fax: (312) 827-8000
`Email: gina.johnson@klgates.com
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`James A. Shimota
`K&L Gates LLP
`70 W. Madison Street, Suite 3300
`Chicago, IL 60602
`(312) 807-4299
`Fax: (312) 827-8000
`Email: jim.shimota@klgates.com
`LEAD ATTORNEY
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`ATTORNEY TO BE NOTICED
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`Benjamin E. Weed
`K&L Gates, LLP
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
`(312) 327-1121
`Fax: (312) 827-8000
`Email: benjamin.weed@klgates.com
`ATTORNEY TO BE NOTICED
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`Erik J. Halverson
`K&L Gates, LLP
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
`312- 807-4240
`Fax: 312- 345-8529
`Email: erik.halverson@klgates.com
`ATTORNEY TO BE NOTICED
`
`Peter E. Soskin
`K&L Gates LLP
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`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?137525436199785-L_1_0-1
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`Four Embarcadero Center, Suite 1200
`San Francisco, CA 94111
`415-882-8200
`Fax: 415-882-8220
`Email: peter.soskin@klgates.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`V.
` Defendant
`Skullcandy, Inc.
`
`Philip A. Kunz
`K&L Gates, LLP
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
`312-807-4294
`Fax: 312-345-9983
`Email: philip.kunz@klgates.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Darlene Ghavimi
`K&L Gates
`2801 Via Fortuna
`Suite 350
`Austin, TX 78746
`512 482-6919
`Fax: 512 482-6859
`Email: darlene.ghavimi@klgates.com
`ATTORNEY TO BE NOTICED
`
`represented by Barry K. Shelton
`Shelton Coburn LLP
`311 RR 620 S
`Suite 205
`Austin, TX 78734-4775
`512-263-2165
`Fax: 512-263-2166
`Email: bshelton@sheltoncoburn.com
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`Bradley Dalton Coburn
`Shelton Coburn LLP
`311 Ranch Road 620 S
`Suite 205
`Austin, TX 78734-4775
`(512) 263-2165
`Fax: 512-263-2166
`Email: coburn@sheltoncoburn.com
`ATTORNEY TO BE NOTICED
`
`Date Filed
`03/24/2020
`
`# Docket Text
`10 STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled civil
`hearings. Signed by Judge Alan D Albright. (Attachments: # 1 Supplemental Standing Order
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`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?137525436199785-L_1_0-1
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`07/22/2020
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`07/23/2020
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`07/24/2020
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`07/24/2020
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`Centralized CM/ECF LIVE - U.S. District Court:txwd
`fromChief Judge Garcia re COVID19 Court Procedures)(mc5) (Entered: 07/24/2020)
`1 COMPLAINT ( Filing fee $ 400 receipt number 0542-13787947), filed by KOSS Corporation.
`(Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, #
`6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12
`Exhibit K)(Ghavimi, Darlene) (Attachment 1 replaced on 7/23/2020) (am). (Entered: 07/22/2020)
`2 Certificate of Interested Parties by KOSS Corporation. (Ghavimi, Darlene) (Entered: 07/22/2020)
`3 REQUEST FOR ISSUANCE OF SUMMONS by KOSS Corporation. (Ghavimi, Darlene) (Main
`Document 3 replaced on 7/23/2020) (am). (Entered: 07/22/2020)
`4 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the
`U.S. Patent and Trademark Office. (Ghavimi, Darlene) (Main Document 4 replaced on 7/23/2020)
`(am). (Entered: 07/22/2020)
`5 MOTION to Appear Pro Hac Vice by Darlene Ghavimi for Benjamin J. Weed ( Filing fee $ 100
`receipt number 0542-13787954) by on behalf of KOSS Corporation. (Ghavimi, Darlene)
`(Entered: 07/22/2020)
`6 MOTION to Appear Pro Hac Vice by Darlene Ghavimi for Philip A. Kunz ( Filing fee $ 100
`receipt number 0542-13787955) by on behalf of KOSS Corporation. (Ghavimi, Darlene)
`(Entered: 07/22/2020)
`7 MOTION to Appear Pro Hac Vice by Darlene Ghavimi for Erik Halverson ( Filing fee $ 100
`receipt number 0542-13787956) by on behalf of KOSS Corporation. (Ghavimi, Darlene)
`(Entered: 07/22/2020)
`8 MOTION to Appear Pro Hac Vice by Darlene Ghavimi for Peter E. Soskin ( Filing fee $ 100
`receipt number 0542-13787957) by on behalf of KOSS Corporation. (Ghavimi, Darlene)
`(Entered: 07/22/2020)
`9 Summons Issued as to Skullcandy, Inc.. (am) (Entered: 07/23/2020)
`Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS
`AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE
`CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (am) (Entered:
`07/23/2020)
`Text Order GRANTING 5 Motion to Appear Pro Hac Vice. Before the Court is the Motion for
`Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED
`and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is
`GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall
`immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in
`compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures
`for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register
`for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright.
`(This is a text-only entry generated by the court. There is no document associated with this entry.)
`(jy) (Entered: 07/24/2020)
`Text Order GRANTING 6 Motion to Appear Pro Hac Vice. Before the Court is the Motion for
`Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED
`and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is
`GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall
`immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in
`compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures
`for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register
`for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright.
`(This is a text-only entry generated by the court. There is no document associated with this entry.)
`(jy) (Entered: 07/24/2020)
`Text Order GRANTING 7 Motion to Appear Pro Hac Vice. Before the Court is the Motion for
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`3/12/2021
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`07/24/2020
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`08/11/2020
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`08/11/2020
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`08/13/2020
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`08/14/2020
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`08/19/2020
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`08/31/2020
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`08/31/2020
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`Centralized CM/ECF LIVE - U.S. District Court:txwd
`Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED
`and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is
`GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall
`immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in
`compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures
`for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register
`for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright.
`(This is a text-only entry generated by the court. There is no document associated with this entry.)
`(jy) (Entered: 07/24/2020)
` Text Order GRANTING 8 Motion to Appear Pro Hac Vice. Before the Court is the Motion for
`Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED
`and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is
`GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall
`immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in
`compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures
`for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register
`for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright.
`(This is a text-only entry generated by the court. There is no document associated with this entry.)
`(jy) (Entered: 07/24/2020)
`11 MOTION to Appear Pro Hac Vice by Darlene Ghavimi on behalf of Gina A. Johnson ( Filing fee
`$ 100 receipt number 0542-13849172) by on behalf of KOSS Corporation. (Attachments: # 1
`Proposed Order)(Ghavimi, Darlene) (Entered: 08/11/2020)
` Text Order GRANTING 11 Motion to Appear Pro Hac Vice for Attorney Gina A Johnson for
`KOSS Corporation. Before the Court is the Motion for Admission Pro Hac Vice. The Court,
`having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS
`ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED
`that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00,
`made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant
`to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to
`practice pro hac vice in this case must register for electronic filing with our court within 10 days
`of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court.
`There is no document associated with this entry.) (sm3) (Entered: 08/11/2020)
`12 MOTION to Appear Pro Hac Vice by Darlene Ghavimi for James A. Shimota ( Filing fee $ 100
`receipt number 0542-13861528) by on behalf of KOSS Corporation. (Ghavimi, Darlene)
`(Entered: 08/13/2020)
` Text Order GRANTING 12 Motion to Appear Pro Hac Vice for Attorney James A. Shimota for
`KOSS Corporation. Before the Court is the Motion for Admission Pro Hac Vice. The Court,
`having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS
`ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED
`that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00,
`made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant
`to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to
`practice pro hac vice in this case must register for electronic filing with our court within 10 days
`of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court.
`There is no document associated with this entry.) (sm3) (Entered: 08/14/2020)
`13 SUMMONS Returned Executed by KOSS Corporation. Skullcandy, Inc. served on 8/19/2020,
`answer due 9/9/2020. (Ghavimi, Darlene) (Entered: 08/19/2020)
`14 NOTICE of Attorney Appearance by Barry K. Shelton on behalf of Skullcandy, Inc.. Attorney
`Barry K. Shelton added to party Skullcandy, Inc.(pty:dft) (Shelton, Barry) (Entered: 08/31/2020)
`15 NOTICE of Attorney Appearance by Bradley Dalton Coburn on behalf of Skullcandy, Inc..
`Attorney Bradley Dalton Coburn added to party Skullcandy, Inc.(pty:dft) (Coburn, Bradley)
`(Entered: 08/31/2020)
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`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?137525436199785-L_1_0-1
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`3/12/2021
`09/08/2020
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`09/08/2020
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`09/22/2020
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`09/28/2020
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`10/13/2020
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`11/09/2020
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`11/30/2020
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`01/19/2021
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`01/27/2021
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`02/08/2021
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`02/12/2021
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`02/12/2021
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`16 MOTION to Dismiss for Improper Venue Under Rule 12(b)(3) by Skullcandy, Inc.. (Attachments:
`# 1 Affidavit of Autumn Hindman, # 2 Exhibit A to Hindman Declaration)(Shelton, Barry)
`(Entered: 09/08/2020)
`17 RULE 7 DISCLOSURE STATEMENT filed by Skullcandy, Inc.. (Shelton, Barry) (Entered:
`09/08/2020)
`18 Response in Opposition to Motion, filed by KOSS Corporation, re 16 MOTION to Dismiss for
`Improper Venue Under Rule 12(b)(3) filed by Defendant Skullcandy, Inc. (Attachments: # 1
`Proposed Order, # 2 Exhibit A - Declaration and attachments, # 3 Exhibit B, # 4 Exhibit C, # 5
`Exhibit D, # 6 Exhibit E-1 Proposed discovery, # 7 Exhibit E-2 Proposed discovery)(Ghavimi,
`Darlene) (Entered: 09/22/2020)
`19 REPLY to Response to Motion, filed by Skullcandy, Inc., re 16 MOTION to Dismiss for
`Improper Venue Under Rule 12(b)(3) filed by Defendant Skullcandy, Inc. (Attachments: # 1
`Affidavit of Autumn Hindman)(Shelton, Barry) (Entered: 09/28/2020)
`20 STATUS REPORT re Case Readiness by KOSS Corporation. (Ghavimi, Darlene) (Entered:
`10/13/2020)
`21 Updated Standing Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright.
`(jkda) (Entered: 11/10/2020)
`22 SCHEDULING ORDER: Markman Hearing set for 4/22/2021 09:00 AM before Judge Alan D
`Albright. Joinder of Parties due by 6/3/2021. Amended Pleadings due by 8/12/2021. Motions due
`by 1/27/2022. Pretrial Conference set for 3/31/2022 before Judge Alan D Albright. Jury Selection
`and Jury Trial set for 4/18/2022 before Judge Alan D Albright. Signed by Judge Alan D Albright.
`(am) (Entered: 11/30/2020)
`23 ORDER Setting Zoom Motion Hearing for 1/27/2021 01:30 PM before Judge Alan D Albright.
`Signed by Judge Alan D Albright. (bot2) (Entered: 01/19/2021)
`24 Minute Entry for proceedings held before Judge Alan D Albright: Motion Hearing held on
`1/27/2021 re 16 MOTION to Dismiss for Improper Venue Under Rule 12(b)(3) filed by
`Skullcandy, Inc.. Case called for a motion hearing by zoom. The Court heard argument regarding
`pending motion about Motion to Dismiss for Improper Venue. The Court did not make a formal
`ruling on this motion however he is allowing a 3 hour deposition in order for the parties to obtain
`more information about this motion and to allow parties to determine what the correct facts are.
`(Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(am)
`(Entered: 01/27/2021)
`25 Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Proposed Order, # 2
`Sealed Document Surreply, # 3 Sealed Document Ex. A to Surreply, # 4 Sealed Document Ex. B
`to Surreply, # 5 Sealed Document Ex. C to Surreply) (Ghavimi, Darlene) (Entered: 02/08/2021)
`26 Transcript filed of Proceedings held on January 27, 2021, Proceedings Transcribed:
`Videoconference Motion Hearing. Court Reporter/Transcriber: Lily I. Reznik, Telephone number:
`512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the
`transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased
`from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a
`Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript
`will be made available via PACER without redaction after 90 calendar days. The clerk will mail a
`copy of this notice to parties not electronically noticed Redaction Request due 3/5/2021, Redacted
`Transcript Deadline set for 3/15/2021, Release of Transcript Restriction set for 5/13/2021, (lr)
`(Entered: 02/12/2021)
`27 Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document
`Supplemental Reply in support of Skullcandy's Motion to Dismiss Under Rule 12(b)(3), # 2
`Sealed Document Exhibit A, # 3 Sealed Document Exhibit B, # 4 Proposed Order) (Shelton,
`Barry) (Entered: 02/12/2021)
`29 Standing Order Regarding Filing Documents Under Seal and Redacted Pleadings in Patent Cases.
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`Signed by Judge Alan D Albright. as of 2/12/2021. (bot1) (Entered: 02/24/2021)
`28 BRIEF by KOSS Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
`Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Ghavimi,
`Darlene) (Entered: 02/19/2021)
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`PACER Service Center
`Transaction Receipt
`03/12/2021 07:54:06
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`PACER
`Login:
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`kl0204:2581655:0 Client Code:
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`0942556.00401/00509
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`Description: Docket Report
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`Billable
`Pages:
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`5
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`Search
`Criteria:
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`Cost:
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`6:20-cv-00664-ADA
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`0.50
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