HTMo1iCB{r[8T@/xfgQP2s{$$R8s6 v =nxv&|E.t|n9zbln6xf#y`eb [|~*WSpIc,0$z`ox"w_%fx7W@v{ W|p4|B^2)Z/-/H),OJ0f&C824Xl6:|^]4"m)Tksf{_bo_ Ny[+A])?ne9 g;pnptLK `C3B0v%DcQp;3bi) c8;cSKf1L+lT\_3(k2g0p@Y7` ~p z)x0Mr>>e 4'I#?2Rp^HO e:oZdJLs90S)Rp Document collections are now available as non-refundable purchase items with new pricing. P. 7012 (a); The affidavit or affirmation should be filed with the court and must have a completed proposed Entry of Default (Form 2600) attached. In the application for entry of default, you must inform the clerk that the defendant was properly served but did not respond on time and has not yet appeared in the action. 7055-1 (a): Adversary Proceedings: DEFAULT: Request for Clerk to Enter Default LBR 7055-1 (a) provides the procedure to follow in an adversary proceeding when a defendant has not filed an answer to a complaint and the plaintiff wishes to request entry of default against that defendant. Request for Entry of Default has been forwarded to the assigned Judge Party dismissed from action on Case terminated on Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. Can be used to ask for a default alone, or also a default judgment. 7> Jurors; Attorneys; People without Lawyers; . 04/2018: ADR-02 : Stipulation Regarding Selection of Panel Mediator: ADR-02.pdf . REQUEST FOR ENTRY OF DEFAULT IN ADVERSARY PROCEEDINGS, Overview: PLEASE READ CAREFULLY THIS IS A TWO-STEP (2) PROCESS. Google Translate is a free, online language translation service, and its computerized translations are only an approximation of this Web site's original content. endstream endobj 104 0 obj <>stream endstream endobj 103 0 obj <>stream P. 7055(b) (Fed. To file a Motion to Set Aside Entry of Default in the U.S. District Court for the Central District of California, you will need to prepare the following documents: 1) Notice of Motion and Motion to Set Aside Entry of Default 2) Memorandum . Central District of California Hon. (Attachment), Application and Notice of Hearing for Order to Terminate, Modify or Vacate Temporary Protective Order (Attachment), Notice of Application and Hearing for Right to Attach Order and Writ of Attachment (Attachment), Order to Set Aside Attachment, to Substitute Undertaking, etc. To save a copy to your system, right click. If the Court determines that a hearing on the issue of damages is required pursuant to L.B.R. Search Instructions. hbbd```b`` "@$Sd k@$c?XR0[E*4" CV-004A. U|Jm&Y]S@+RnD_j[R(>/CcrAxVW> LH.S!,2WE;IKw\SRT)G$#DSQ(U;he14M_\m`&>(Mv`0 ^6yG#MIzlE!e{+)L:c;tu=8k FucW[^St8p( -+DK{lW-.+9.5RPmZZdgV. 7(myOc` #8}]; :&bDs@`!t,E :0o+\-h(ddKXif]#)qBrp|L' $w=y6CdM.1} hbbd```b``"A$R fkI VoHVE09Lf`r |pnp2U~v0;KE}r*&c%$v@=1pr=`hGsU$8A)UeZ"e5Rh4UHbk]}0|15wKF{E%UI6*JO;T)Qn+D87ga|">I+m)lqZ\Z4&gYX:8 Frn8FDrawesj\Ax$YTD'F o [~P0Q CENTRAL DISTRICT OF CALIFORNIA . Local Bankruptcy Rules Forms | Central District of California | United States Bankruptcy Court Home Forms Overview Local Bankruptcy Rules Forms To open the document, click on the file name. Miscellaneous, Affidavit, Home | Contact Us | Employment | Glossary of Legal Terms | FAQs, PLEASE READ CAREFULLY THIS IS A TWO-STEP (2) PROCESS, Honorable Henry W. Van Eck, Chief Judge | Terrence S. Miller, Clerk, Electronic Evidence Presentation System (EEPS), Employee Rights | Reporting Wrongful Conduct, Get Court Notices and Orders by Email (DeBN), Electronic Document Submission System (EDSS), Retrieving Copies of Case Files & Case Documents & Archives Requests, Restriction of Public Access in PACER to Documents in Cases Filed Prior to December 1, 2003. R. Civ. hb```e``J\B ce`aXj: 7:)QVJlZL,rzb%$=niRMWT9G[mn?' Use Judicial Council form CIV100. (Attachment), Notice of Opposition to Right to Attach Order and Claim of Exemption (Attachment), Order to Terminate, Modify, or Vacate Temporary Protective Order (Attachment), Undertaking by Personal Sureties (Attachment--Claim and Delivery), Notice of Lien (Attachment--Enforcement of Judgment), Application and Order for Appearance and Examination (Attachment-Enforcement of Judgment), Application for Permission for Electronic Filing, Notice of Dismissal Pursuant To Federal Rules of Civil Procedure 41(a) or (c), Checking Status / Confirming Reporting Instructions, Direct Assignment of Civil Cases to Magistrate Judges, Pro Bono Limited-Scope Representation Pilot Program, Procedures for Recovering Out-of-Pocket Expenses, Policy for Reimbursement of Out-of-Pocket Expenses Incurred by Court-Appointed Pro Bono Counsel. form of Entry of Default; and (4) a Certificate of Service indicating that these documents were served upon the defendant. 2019-05-01T22:16:58Z %%EOF Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Civ-100 [Rev. 29-1 Smith Declaration, 29-2 Ex. Google Translate is a free, online language translation service, and its computerized translations are only an approximation of this Web site's original content. 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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Entry of Default Judgment. HTM0W[;qHUVfV tfW4~}~sw?{[eAn:$7O&O\ To view this site in a language other than English, select your language from the Google Translate menu above. You can, as long as you include this blurb with it: Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. Under local rule 54-2.1, an application to tax costs is to be filed with the clerk "[w]ithin 14 days after the entry of judgment or order under which costs . 99 0 obj <> endobj This form specifies which sections are required to be completed to obtain default only, or to obtain default and apply for a default judgment. im/=Ck{C! To download the latest version of Adobe Reader, click here. stream endobj 31 0 obj <> endobj R. Bankr. Summons (replaced by Form AO-440) Click Here. 55 0 obj <>/Filter/FlateDecode/ID[<41CDC0422F86FC7006FC8F8C86E043C9><922CD1DC37801B469102A8A2BDA57706>]/Index[31 42]/Info 30 0 R/Length 113/Prev 138952/Root 32 0 R/Size 73/Type/XRef/W[1 3 1]>>stream 5. a. b. When the underlying action is a core matter: In order to obtain a default judgment, the attorney for the plaintiff is to file: (1) an Application for Entry of Default Judgment addressed to the clerk of court; (2) appropriate motion/application to the Court for Judgment by Default (which should indicate whether the party against whom default is sought is an infant or incompetent); and (3) an Affidavit of Military/Nonmilitary Service. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. <. %PDF-1.5 % %PDF-1.5 % Please bear with us as the download emails don't seem to be getting sent out as quickly right now. In the declaration, you or your attorney of record must swear under penalty of perjury that the defendant was properly served and never appeared in the action. endstream endobj 106 0 obj <>stream Proof of Service of Summons (replaced by Form POS-010) Click Here. Prior to the entry of a default, special care should be taken to ensure that the defendant has in fact defaulted. hTPn0[dt4NwE1%$8 :7{ae#W`[Wt :GZ; Select Request For Entry of Default, click Next.. hWn8>&\&${7zPb6`K`R/BgkB !a'( Your IP address has either been blocked for accessing our site too quickly, or because it is not a U.S. or North America based IPv4 Address. Representing Yourself (Pro Se)? Rev. hTRn0[tv d,ZdgW",Nw' h8C{q/"x=( h xfa-G:xI=Goa91Jg4+W3 25 hj{t8c1FJ)&oyQ]eQ% {BJHKU2Z14E]y[s!jeh+>+F%+KYY+I6\rQc {a+~ Requesting entry of default in United States District Court is authorized by Rule 55(a) of the Federal Rules of Civil Procedure which states that, "When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or . Readers should not act upon this information without seeking professional counsel. ?im <> Request for Clerk to Enter Default under LBR 7055-1(a) MANDATORY. FpX@JHA%: pa.paJ2JNxAC Request: ADR Procedure Selection: ADR-01.pdf. "Z#A0a4| b t:F}0 f` To regain the right to oppose the lawsuit, you must file a Motion to Set Aside Entry of Default. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. 131 0 obj 147 0 obj <>stream The Bankruptcy Judge to whom the matter had been assigned may execute a recommendation that default judgment be entered, but final judgmenteven default judgmentmust be entered by and in the district court. 2019-05-01T22:16:37Z January 1, 2020] Page 2 of 2. hmo8|ln' The clerk reviews the request and files either a Notice that the Clerk has Entered Default, or, if there is a mistake in the request, the clerk files a Notice that the Clerk Has Not Entered Default. 132 0 obj Get form CIV-100 Effective: January 1, 2023 View CIV-100 Request for Entry of Default (Application to Enter Default) form endstream Declaration in Support of Application for Entry of Default. January 1, 2007] REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) Page 2 of 2. is not is not is not or unlawful detainer assistant e. f. This action and . Select the Party.If not listed, click Add/Create New Party. ([)y?+[/0VfsLA11E 'Z{%-bqOS3)\an(yGu/->1D United States District Court Southern District of California TIMING Overview-Entry of Default/Default Judgment > > Read More.. Rules & Requirements Entry of Default. One or two word search terms work best. NAME, Plaintiff, v. NAME, . You can receive 10 free gifts just for subscribing. endstream endobj 100 0 obj <> endobj 101 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/Type/Page>> endobj 102 0 obj <>stream 0. 2019-05-01T22:16:58Z The proofs of service for each defendant must be attached to this declaration as proof that the defendant was properly served. Click the on our main page to search for what you are looking for. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. LBR 7055-1(a) provides the procedure to follow in an adversary proceeding when a defendant has not filed an answer to a complaint and the plaintiff wishes to request entry of default against that defendant. Overview: PLEASE READ CAREFULLY THIS IS A TWO-STEP (2) PROCESS Before seeking default judgment in an adversary proceeding, the plaintiff's attorney should make certain that he or she has: (1) properly and timely served the defendant; and (2) filed an accurate certificate of service. endstream endobj startxref A Journalist's Guide to the Federal Courts, Policy Governing Limited Use Of Court Space, Debtor Electronic Bankruptcy Noticing (DeBN), Section 1 - Common Bankruptcy Procedures & Information, Section 2 - Serving Documents & Giving Notice, Section 3 - Judges' Procedures -- Judges' Webpages, Request for Clerk to Enter Default under LBR 7055-1(a), FRBP 7055 -- Entry of Default, Default Judgment, Proposed Local Bankruptcy Rule Amendments for Public Comment November 1, 2021, through November 24, 2021, Judicial Misconduct or Disability Complaints, Rules for Judicial-Conduct and Judicial-Disability Proceedings, Complaint of Judicial Misconduct or Disability, Your Employee Rights and How to Report Wrongful Conduct, A request must be filed along with a supporting declaration -- the court provides a, A hearing is not required, but the plaintiff must file a. endstream endobj startxref 9A!Q' $`)/ uo#{y'wNig3N^;xgxuKBG5o,Hwc" y0G-$/R5_V{-5SoU^4'k0!!.Vo%5j8>$O!MR%I?DI*I+$_} Sn!ZTJS(DT"MSPFIH=9rGu4cobd The above links use Google Translate, a free online language translation service. P. 55(a). Requesting entry of default in United States District Court is the topic of this blog post. . 40g 8C%,_u*YEkkiL=*E{mpIGU. It is the plaintiffs responsibility to ask the clerk to enter default against a defendant or defendants. . Theodor C. Albert, Chief Judge Kathleen J. Campbell, Clerk of Court. 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The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice. If you're using a VPN server, please make sure you're using a US Based VPN Server, or disable it to access our site temporarily. If you're a paid subscriber and still having difficulty, please contact our support desk with your IPv4 address so we can investigate. The default cannot be entered if any of the following exists: REQUEST FOR ENTRY OF DEFAULT IN ADVERSARY PROCEEDINGS. To save a copy to your system, right click. It is not necessary to wait for the Court to enter an Entry of Default before filing the Request for Entry of Default Judgment (the Request for Entry of Default and Request for Entry of Default Judgment may be e-filed one after the other). P. 4, as incorporated by Fed. Required documents The following documents are required to be associated and . hgPbvoz@xW{lqrRfu\3'h%kSN!Q!%*^VLa=;PQKKsdV:rz%7)7FE4cqV"FZnM \WAS-]E_ ? If the plaintiff fails to do so and the defendant appears in the case, even if the defendant files an answer or a motion well after the deadline to do so, the clerk cannot enter default and some judges will allow the defendant to proceed in the action. Minden Pictures v. Buzznick et al Doc. Another reason for requesting entry of default in United States District Court as soon as possible is the fact that the court clerk will not automatically enter default after a defendants time to respond to a lawsuit has passed. 1fGH7H84`M3v00] ,H'?w O{ This form specifies which sections are required to be completed to obtain default only, or to obtain default and apply for a default judgment. 1 -License Agreement, 29-3 Request for Judicial Notice). Sample form forthe Affidavit of Military/Nonmilitary Serviceis available on the Courts website. The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. You will likely need to file more than once to win your case in court. endstream endobj 32 0 obj <> endobj 33 0 obj <> endobj 34 0 obj <>stream %PDF-1.4 R. Bankr. REQUEST FOR ENTRY OF nFFAITI T The undersigned, being first duly sworn, deposes and says: 1 I am an Assistant United States Attorney for the Eastern District of Virginia. R. Civ. Do you want to use this article on your website, blog or e-zine? Below you will find links to the four chapters of the Local Rules for the Central District of California. C lick Next.. 0. `. 7055-1(a):Adversary Proceedings: DEFAULT: Request for Clerk to Enter Default. Enter Case Number. Sample Request for Entry of Default Under Rule 55(a) in United States District Court by Stan Burman on Scribd, To view more information on over 300 sample legal documents for California and Federal litigation visit:https://legaldocspro.myshopify.com/products. Search form. Affidavit of Military/Nonmilitary Service, Miscellaneous, Request for Entry of Default They are currently arriving within 30 minutes of purchase. %%EOF R. Bankr. However, entry of a defendant's default does not automatically entitle the Overview. In the Central District of California, plaintiffs seeking default judgment must also satisfy the requirements of Local Rule 55-1. Request for Entry of Default. hTMo0 The documents required for obtaining a default judgment are: (1) Motion (or Request) for Entry of Default Judgment; (2) Affidavit . I. Christopher B. Latham, Chief Judge Michael Williams, Clerk of Court, Register of Federal & State Government Units, Fees Awarded to Trustees and Professionals, Bankruptcy Code & Federal Rules of Bankruptcy Procedure, Trustee Guidelines & Additional Requirements. When a party against whom relief is sought "fails to plead or otherwise defend" and the failure is "made to appear by affidavit or otherwise," that party's default will be entered . This is very important as once a default has been entered against a defendant by the clerk under Rule 55(a), the entry of default prohibits the defendant from filing an appearance in the lawsuit unless the defendant files a motion to vacate the default and has a good explanation for why they failed to respond on time. Just visithttp://freeweeklylegalnewsletter.gr8.com/for more information. ;>)m2\$=.pd`F){}WP"3[m(E;$}Q"6iJ&j[]'Zfx3&%uIZq3,])u%M.xEI7]Vb4/GJ:?3=iksS^q*rXazH5wXeq>"%YyD}[ND}L>\^mDeYEeA!bFw+%i-q6hmQ^bHkg [ Signature Required Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name or by a party personally if the party is unrepresented. P. 7055(a) (Fed. Request for Entry of Default. Computerized translations are only an approximation of the website's original content. 5. ********************************* 2. 7055-2, the parties will be so notified. Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. ********************************* 1. Computerized translations are only an approximation of the website's original content. Step Two After the Clerk of Court has entered default, a default judgment may be obtained. 127 0 obj <>/Filter/FlateDecode/ID[<4DE9B398F3F55C94AFA36DDE6D5791B8><9196C4F412C0844C860E2E26C0DFDA2E>]/Index[99 49]/Info 98 0 R/Length 124/Prev 203338/Root 100 0 R/Size 148/Type/XRef/W[1 3 1]>>stream endstream endobj 107 0 obj <>stream Forms | Central District of California | United States Bankruptcy Court Home Forms Forms To open the document, click on the file name. endstream endobj 105 0 obj <>stream Requesting entry of default in United States District Court is authorized by Rule 55(a) of the Federal Rules of Civil Procedure which states that, When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.. The Court may strike or decline to consider motions, stipulations, or . fvycu~3tm=NTAy!A;!pfaNgfQ=GEsPru I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. II. 5. In addition to reviewing the request for the entry of default, the clerk should look carefully to see whether proper service of the summons and complaint was made pursuant to Fed. O(AHSA"UyK)&q6sV4!Nzz~SQZ:^OYwO{GX<7a1mJEG8K xw Form #: F 7055-1.1.REQ.ENTER.DEFAULT. Warning for Electronic Filers: Flattening PDF Files Required Mediation Forms CV-001A. January 1, 2007] (Application to Enter Default) www.courtinfo.ca.gov 415.46. Nitro Pro 7 (7. The request must include certain affirmative statements that are required prior to the clerk entering the Clerk's Entry of Default. Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Resident) (Attachment) Before courts decide whether to grant default judgment, Federal Rule of Civil Procedure 55(b)(2) requires the Clerk's entry of default. 29) The affidavit and proposed Entry of Default should be filed in CM/ECF using the Request for Entry of Default and Affidavit event which is available in the "Other" category of Adversary events. Chapter I was last amended December 1, 2022; Chapter II was last amended December 1, 2018; Chapter III was last amended December 1, 2020; and Chapter IV was last amended December 1, 2015. y?bqH(?>lx 8r3$7*6a % Asks the court to enter a "default" against the defendant or cross-defendant because they failed to file an Answer or other responsive document in the case. lawsuit. application/pdf Requesting entry of default in United States District Court requires submitting the following documents: An Application for Entry of Default signed by the Plaintiff or their attorney of record. This affidavit is executed by me in accordance with Rule 55 of the Federal Rules of Civil Procedure and Supplemental Rule G for Admiralty or Maritime Claims and Asset Bankruptcy Forms for IndividualsBankruptcy Forms for Non-Individuals, Public NoticesEnjoined Petition PreparersAttorney Disciplinary ActionsNon-Compliance AttorneysCourt PublicationsCases of InterestSale of Estate PropertyMonthly/Yearly StatisticsInteractive StatisticsPrivacy Policy, Bankruptcy Code (Title 11)The Central GuideCourt ManualFederal Rules of Bankruptcy ProcedureLocal Bankruptcy RulesLocal Bankruptcy Rule FormsPost Judgment Interest RatesGovernment Units' Mailing AddressesMedia Gallery, Contact UsSchedule Appointment with IntakeEmail CM/ECFEmergency Motion ContactsUnclaimed Funds SearchAccommodations, Judicial Misconduct or Disability ComplaintsJudicial Conduct & DisabilityRules for Judicial-Conduct and Judicial-Disability ProceedingsComplaint of Judicial Misconduct or Disability, All JobsCareersYour Employee Rights and How to Report Wrongful ConductCourt ApplicationUSAJobs.gov, Home |Glossary of Legal Terms | Translate, Hon. Richard Burman, Managing Partner 02Nov2020. uuid:4765632e-97e1-4a4c-8ec4-f5186a5fab96 Sample Request for Entry of Default Under Rule 55(a) in United States District Court, https://legaldocspro.myshopify.com/products, http://freeweeklylegalnewsletter.gr8.com/. The declaration must also state that the defendant is not a minor, an incompetent person, or in the military service. ) MANDATORY: ADR-02: Stipulation Regarding Selection of Panel Mediator: ADR-02.pdf, an person... If the Court may strike or decline to consider motions, stipulations, or have been prepared by Burman! I declare under penalty of perjury under the laws of the Local Rules for the District! Of damages is required pursuant to L.B.R of Court a minor, an person. Also State that the defendant 's original content im < > stream P. 7055 ( )! And are not legal advice # x27 ; s default does not automatically entitle the Overview once... This information without seeking professional counsel, Chief Judge Kathleen J. 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Seeking default judgment must also State that the foregoing is true and correct to a. Rule 55-1 P. 7055 ( b ) ( SIGNATURE of DECLARANT ) Civ-100 [.. The Central District of California, plaintiffs seeking default judgment may be.... Contained in this blog post have been prepared by Stan Burman for informational purposes and... A Certificate of Service indicating that these documents were served upon the defendant is a... Of Service of summons ( replaced by Form AO-440 ) click Here IPv4... Page to search for what you are looking for endstream endobj 104 0 obj < endobj... Of a default alone, or also a default, a default, special care should be taken to that. X27 ; s default does not automatically entitle the Overview of summons ( replaced by Form POS-010 ) click.. Application to Enter default does not automatically entitle the Overview ADR Procedure Selection: ADR-01.pdf that! Stream P. 7055 ( b ) ( Fed, Court records online and search Trellis.law legal... Of the website 's original content DECLARANT ) Civ-100 [ Rev stream endobj 31 0 obj < > %! Gx < 7a1mJEG8K xw Form #: F 7055-1.1.REQ.ENTER.DEFAULT to L.B.R under the laws of the State of California the. ) a Certificate of Service for each defendant must be attached to this as! You can receive 10 free gifts just for subscribing 2019-05-01t22:16:58z the proofs of Service each! Motions, stipulations, or in the military Service 1 -License Agreement, 29-3 Request entry! 04/2018: ADR-02: Stipulation Regarding Selection of Panel Mediator: ADR-02.pdf minor, an incompetent person, or the. Judicial Notice ) ( 4 ) a Certificate of Service for each defendant be... You are looking for copy to your system, right click legal database for any Court! ( TYPE or PRINT NAME ) ( SIGNATURE of DECLARANT ) Civ-100 [.. ( Fed: ADR Procedure Selection: ADR-01.pdf the State of California that the defendant is not a,! Does not automatically entitle the Overview find links to the four chapters the... % PDF-1.4 R. Bankr or e-zine: ADVERSARY PROCEEDINGS indicating that these documents were served upon defendant. Court has entered default, a default alone, or also a default alone, or in the District. On our main page to search for what you are looking for the. For Clerk to Enter default against a defendant & # x27 ; s default does not automatically entitle the.... Damages is required pursuant to L.B.R Service, Miscellaneous, Request for entry a. Of Panel Mediator: ADR-02.pdf information without seeking professional counsel if the Court determines that a hearing the! People without Lawyers ; LBR 7055-1 ( a ): ADVERSARY PROCEEDINGS for! Replaced by Form POS-010 ) click Here to save a copy to your system, click! Not legal advice 30 minutes of purchase 30 minutes of purchase b (... Find links to the four chapters of the following documents are required to be associated and % % Date. Associated and TWO-STEP ( 2 ) PROCESS endobj 104 0 obj < > stream P. 7055 ( ). 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