american property management lawsuit

All charges are accurate and It looks like we had followed up with a few solutions to the problem, including offering to transfer you to another unit, free of transfer charge, however, the market rent for that unit would have been different from your then current rent. Thank you for reaching out to River Trail. The Condominium Actstates that prospectivepurchasers are entitled to copies, at their expense, of the condominium documents, the question and answer sheet and year-end financial information. "We had no reason to believe foul play. When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints. "We've applied for a line of credit.". The plaintiff is a former employee who worked in various positions for the defendant performing property management services between April 2012 and October 2017. If you start receiving telephone calls or emails directly from the tenant, that's a potential sign you've got a bad property manager. ********* trying to charge me after moving out extra for the services that wasn't agreed by the contract. The board won an out-of-court settlement in 2010. Lawsuits from 25 of the area's community associations allege American Property Management Services and its owners effectively locked them out of their own bank accounts. approximately a week later 4/10 I was advised that there was a glitch in the system and the apartment was not available until approximately 4/23. He wants a judge to immediately freeze that money so American Property Management cant touch it. Now dozens of communities allege fraud, Regulators file to revoke American Property Management Services' license over unpaid fine, Your California Privacy Rights/Privacy Policy. I guess this is the type of services we get after we have been living here for over 4 years. After that day, I told her to wait on returning the money to me because I was on hold about my out of state employer approving my move to this new home. Royal Bay is one of 33 condos in Collier County who are suing American Property Management Services after they say the company took off with their association fees. It has escalated my disability and I already left a message to my doctor to request a letter from her. We work very hard to take care of maintenance requests swiftly as well as any other complaints that come from our residents. The only reason why there's so many 5 star reviews is because they force all new hires to do one to get the 90 day bonus. Because they wanted to come in and finally take a look at my crawl space (which is not an emergency as I have asked for this since November 2022).I have never received a notice, the only time I have ever in my stay here received one, they never actually came the next day. Were talking hundreds of thousands of dollars per association, at least, said lawyer Jason Hamilton Mikes, who is representing the condo associations. Phone calls tothe company were interrupted by a Verizon network recording that the wireless customer being called was not available "at this time" and emails to a company-listed address bounced back undelivered. All of this is regarding allegations that a former major tried to deceive city council about the actual cost of [], More manatees died in the last year than ever before in Florida. (American Property Management) is saying hes paying the bills every month and hes not. Ridiculous and unacceptable. Were having to pick and choose what were paying right now, said Laura Rigsby, president of the Royal Bay Villas Condo Association. "The Board is most concernedwith the Defendant being convicted, so that she will lose her CAMlicense and not be able to work for another Home Owner'sAssociation," prosecutor Tino Cimato wrote on Aug. 15, 2018. Rigsbysaid her association got a break in one respect. Hinson, whose own community of Abaco Bayoff Bayshore DriveinNaples has been affected, said home sales could be hindered and possibly leave a person with a pending home sale without a residence to move into. In summer 2017, Page lost her job as a community manager at the Bay Forest HOA in Naples for giving herself $18,000 in unauthorized bonuses. Federal Civil Lawsuit Oregon District Court, Case No. A Ring doorbell video captured the seconds before the plane hit the ground and after with a [], As medicine continues to get involved with more advanced technology, more specialties use aspects of artificial intelligence as a diagnostic tool. A $100,000-plus civil lawsuit by The Commodore . All of those lawsuits only cover allegations from 2020 onward against APMS, which was incorporated in Naples in 2008. I would just like the check amount plus the return check fee. A major drugmaker is cutting prices and expanding a cap on costs for those with and without insurance. Filed 11/17/21; Certified for Publication 12/8/21 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE ANTHONY DE LEON, Plaintiff and Respondent, G059801 v. (Super. walk-through in the presence of a witness. However, BBB does not verify the accuracy of information provided by third parties, and does not guarantee the accuracy of any information in Business Profiles. We would like to hear what you think would be reasonable charges based on the attached information and work with you to come to a compromise. Give Light and the People Will Find Their Own Way. In ********* **, this was another attempt to prolong the refund process. also offered a mutual termination whereby we would release you from the rental "They have unit keys from some of the members," she said. On May 6, 2018, Page was booked on fraud charges for the Bay Forest theft. Royal Bay does have insurance that might be able to replace its lost funds, but they cant file a claim until they get access to American Property Managements records to see how much money theyve lost. We live on the Highlands at Spectrum - *********************************************. Joe Trachtenberg said the county commissioners pushed him aside for over a year, and he was sick of it. That [], An affordable housing commissioner was ousted out of the blue from Collier County leaders. American Property Management LLC 8988 S Sheridan Road, Suite J Tulsa, OK 74133 (918) 392-0901 1-2 of 2 matching agents Jamie Smith. Reporter MichaelBraun contributed to this report. I received a refund for my security deposit in the amount of $147.61 from *********** Apartments in *******, Owned by American Property Management and they blocked the check after I deposited it. They didn't properly install the new washer which resulted in our apartment flooding in the kitchen. Apartment applicants in Washington who paid Greystar Real Estate Partners screening fees may be eligible to benefit from a $2.5 million class action settlement. Fractional ownership is a method in which several unrelated parties can share in, and mitigate the risk of, ownership of a high-value tangible asset, usually a jet, yacht or piece of resort real estate. On Oct. 19, 2018, she pleaded no contest to a count of fraud, paying $2,358 in court costs and not serving any jail time. Now a lawsuit has been filed to hopefully protect their home. On Monday, FOX4 went to the company office and it was locked. I'm not the only tenant that is complained. We strive to create a safe & happy home for all of our residents and we greatly appreciate your feedback. Collier County courts have issued a temporary restraining order againstAmerican Property ManagementServices LLCof Naples on behalf of these communities: 2023 www.marconews.com. Well-run associations are readily transparent regarding the associations finances. I have been living in Tierra Point apartments since 2013. They settled those complaints in June 2021, with APMS and Ortiz agreeing to pay $1,000 but not admitting toany wrongdoing. The suit was filed against the U.S. If you would like to discuss your concerns in further detail do not hesitate to reach out directly. We absolutely did not cause $7,277.67 dollars worth of damage. Jan. 10, 2020. Some common examples of property management disputes may include: Eviction issues: Eviction issues are one of the main causes of property management disputes. They said 'Yes'.". American Property Management LLC . Please feel free to email me personally with any follow up questions or concerns as I would be happy to take care of you. The average sale price increased by 10.4% to $272,623 in 2020. As for your wish for us to evict the previous tenant who lived above you, we uphold all Fair Housing laws & policies, as well as our American Property Management policies, appropriately, and can not speak further into our follow up with that tenant, however, I assure you, we took great care in following up on this issue. Think of it as a brain in a box. The lawyer representing the associations said American Property Management got served with the lawsuit last week. have been in contact with the community directly as well as the area manager. A notable subset of US business interruption (BI) litigation over Covid-19 has been filed by casinos, with AIG and FM Global facing lawsuits seeking triple-digit payouts By the time of the next board meeting on Nov. 19of that year, a different APMS employee had replaced her as manager at Eagle Creek. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. The LARC of Olympia site is Sign in to add some. tierra point apartments management. AMC is comprised of people with diverse educational backgrounds, work experiences and personal interests. Our team works hard to follow up with all resident inquiries. NAPLES A Naples law firm has filed a lawsuit in Collier County against a property management company it alleges has taken funds belonging to nearly three dozen homeowner and condominium associations and kept the money for its owner's benefits. At time of move, my family and I had spent several days cleaning. Ct. No. We noted to reach out to us if the situation They want $162.50 for painting 2 walls. American Management Services LLC, based in Seattle, agreed to pay approximately than $1.6 million pursuant to a deferred prosecution agreement to resolve criminal charges that the company defrauded the U.S. Army and Virginia-based Clark Realty Capital LLC (Clark) while performing property management services for military housing at Fort Belvoir, Virginia; Fort Benning, Georgia; Fort Irwin . While we do understand the lease WINK News watched people hired to clean out the office pack up cars and drive away. Rigsby said she was tipped off in December that something wasn't right. The lawsuit names American Property Management Services (APMS) and Wells Fargo as defendants. Please let me know if you have any further questions or concerns. Ten miles offshore and 30 feet underwater, giant cement blocks will help scientists better understand whats happening in the water. But despite the criminal charges, APMS kept her on. "We were lucky," she said. This news organization on Tuesday asked the Department of Business and Professional Regulation if it referred the APMS complaint for criminal investigation. Royal Bay is one of 33 condos in Collier County who are suing American Property Management Services after they say the company took off with their association fees. Therefore, the best thing the association can do is take reasonable steps to prevent the loss in the first place rather than counting on any ability to recover the lost funds through either an insurance policy or from any responsible individual. Eagle Creek typically spends hundreds of thousands of dollars per year on maintenance, insurance, cable fees and administrative costs, according to its budget documents. Well guide you through the process. In a class-action lawsuit filed this week, lawyers for the NAACP and American Civil Liberties Union allege that Vision Property Management violated fair housing, consumer protection and civil . Two months later, in July, the homeowners association for the Island at Southpointe a group of waterfront estates on Naples Bayfiled a similar suit. The issue is, Rigsby said, how do you proceed when funds are locked up? The list is updated frequently, so check . The giant nontraded real estate investment trust, with $7.5 billion in total assets at the end of 2014, received a clean bill of health but joined a lawsuit against former business partners. No tags have been applied so far. They were there when they did that and had to go get water vacuums to clean up THEIR mess. Criminal justice investigative reporter Dan Glaun can be reached at daniel.glaun@naplesnews.com or on Twitter @dglaun. Jan 21/22 ( Fla) Business Observer "Lawsuit accuses area property management company of embezzlement" by Louis Llovio https . "We have fiduciary insurance. The Lee County Health Department said that the waters near Lynn Hall Memorial Park, near Time Square, were tested and have alert levels of Red Tide. Fish and Wildlife Service by conservation groups for failing to revise outdated critical habitat for Florida manatees. In January, 97 manatees died. -Proof that we damaged the sheetrock behind the washer. *************. suggest a solution in an attempt to resolve. The settlement benefits individuals who were tenants at a Elon Property Management property and paid Rental Payment Reporting Fees to the company since June 23, 2017 (four years before the class action lawsuit was filed). I have recordings even at 145 in the mornings. The thing I love about our community is were all pitching in to help, Venn said. Jason Hamilton Mikes, the lawyer who filed the lawsuit, claims tens of millions of dollars are unaccounted for. Thetemporary restraining order said AMPS established bank accounts at Wells Fargo Bank "allegedly for the benefit of the Associations. situation where the animal has behaved aggressively towards anyone. Meanwhile, the associations have filed a restraining order and are trying to recoup hundreds of thousands of dollars entrusted to the company. The company's website saysAPMS is a full-service property management company, managing condominium, homeowners associations and commercial properties in Florida. in otherwise restricted areas. They are constantly threading the tenants with evictions letters if the rules are not fallow. We had extended the offer to 3:01-cv-01483-HA. -Pictures of All of the blinds needing replaced before and after move in/out. They were willing to return it to me initially, but not in the end? We also tried to call owner Orlando Ortiz, but his phone was shut off. A$100,000-plus civil lawsuitby The Commodore Club charges financial misdeeds by the company,American Property ManagementServices LLCof Naples, that wreaked havoc against the cluband its condo association. Home Partners of America, a single-family home rental company backed by KKR & Co. and BlackRock Inc., has explored an initial public offering with banks including Goldman Sachs Group Inc. and Morgan Stanley. All of the casa residents at del mar terrace were served with a non renewal of our lease which is not due for renewal un till march of next year. Ortiz and Posada could not be reached for comment. The Great Displacement: Climate Change and the Next American Migration. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Don't get in bed with these slum lords. She was trying to get her belongings, documents, condo keys and more belonging to the Royal Bay Villas where she is a director. cleaning accordingly to the move in/move out checklist they were provided with The couple's Tamiami Trail East officewas locked and the Collier County Sheriff's Office had affixed an eviction notice to the front dooron Tuesday. Whatever happened to a $150 application fee? Moller Holding This exceptional event is back March 13-15, 2023, with In 2010, he facilitated negotiations between the White House and leading health care trade organizations pursuant to the passage of the . They had the money but did not want to lease to me. First they agreed that apartment clean but they still charging extra $180 for sanitization. I am sorry to hear about this issue and I assure you that the health and safety of our residents is always our top priority. It was filed Jan. 11 before Judge Lauren Brodie in Collier County Court andasks for protection by freezing association accounts at Wells Fargo Bank. Is this your company? The firm, Hamilton Mikes, is suing on behalf of 34 associations that say American . Our full service property management company began in 2000 and has already become a premiere apartment management company. Four days later, her community association manager's license was permanently revoked as part of a complaint settlement with the state Department of Business and Professional Regulation. Governor Ron DeSantis is a fan favorite in Florida, but the question is: will Floridians have to learn to share the governor in the future? The online steps required me to give them $800 to hold the apartment. Interstate Trucking: If you have a problem, such as being forced to drive in unsafe conditions, fill out the online complaint form. BBB Business Profiles are provided solely to assist you in exercising your own best judgment. Studying a study: Council discusses permit fees, rentals and trees, Jan. 6 a year later: We fought hard Marco patrolman was Capitol officer during riot, New beginnings: Marco Island Center for the Arts 2022 gala, Your California Privacy Rights / Privacy Policy. I think that they state and the business bureau should investigate the type of services and how this management team treats the tenants and this community. The company has 20 days from then to respond. Our $800 deposit should cover all of our minor wear and tear to this apartment. I inquired online about an apartment to rent. The male owner has even screamed profanity down to my apartment from his when I banged on the wall to alert them of the disruptive noise.which both my children heard while in a school meeting. Mining: Contact the Mine Safety and Health Administration (MSHA) at 1-800-746-1553 or file online to report hazardous conditions in mines. Anyone who applied to rent any property in Washington state where the rental property, on the date of the application, was owned or managed by the defendants or where the defendants . March 08, 2022 01:04 PM Eastern Standard Time The lawsuit filed on Thursday is the latest development in the high-profile case around Gabby Petitos death. Bay Forest's board was content with Page not serving jail time or facing probationas long as she would not be able to continue managing properties, according to prosecutor's notes obtained in a public records request. This browser does not support PDFs. But the Eagle Creek charges and APMS' employmentof amanager who defrauded her previous workplaceshowthe company'slegal troubles began at least four years ago. Enter Shannon Page: an AMPS employee who remained Eagle Creek's property manager for months after her license was revoked for stealing from a former employer. As such, if someone misappropriates funds of the association, at the end of the day the unit owners will have to make up the shortfall either through a special assessment or higher ongoing regular assessments. American Property Managers is your partner for renting, managing, or investing in real estate in North Carolina. We have one of the largest portfolios in the Northwest with more than 80 commercial properties and 2,500 apartments . Generally, this information should disclose the overall financial status of the association. So, I'm refusing to pay them extra $342.50 for the sanitization and painting. A local Realtor familiar with APMS was shocked the situation went on as long as it appears to. at time of move in. There was a misappropriation of funds that the auditor caught, and they went to [APMS]. So, Trachtenberg made up his mind to do something about it. I have pictures and video illustrating the pristine condition of the apartment. We understood the inconvenience of a possible move, but wanted to Please reach out to our Area Manager ***************************** at **************** to negotiate your move out charges.Thank you. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. However, the owners can vote to reduce the level of required financial reporting on an annual basis and the vote must be taken prior to the end of the subject fiscal year. No one will return my calls. In fact the $1611.97 was a prepayment of rent on a unit that I was never able to occupy because the unit was not available at the time they collected payment. Homeowners, condo associations file suit against property management company over funds, Collier County official ousted out of nowhere, Cleaning up dead fish on Fort Myers Beach, WINK News March to a Million Meals raises more than $536K, Immokalee group, Nonprofit Healthcare Network, losing funds, Gabby Petitos family files wrongful death suit against Moab, Former inspector general files lawsuit against FMPD over deception about new headquarter costs, retaliation, Conservation groups file lawsuit against U.S. The lawsuit claims Americans Property Management refused to turn over Wells Fargo bank statements to show whats happening with the associations money. Meanwhile, theassociations have filed a restraining order and are trying to recoup hundreds of thousands of dollars entrusted to the company. This material may not be published, broadcast, rewritten, or redistributed. Criminal justice investigative reporter Dan Glaun can be reached at daniel.glaun@naplesnews.com or on Twitter @dglaun. Find the perfect Single Family Home, Condo or Townhouse for you in Metro Phoenix, Tempe, Mesa, Chandler, Scottsdale, Glendale, Peoria, Surprise, El Mirage, Laveen and more. The crash happened two years ago on Friday in Springfield, Illinois. One group in Immokalee lost funding when the Collier County Commission voted to give back funds for Covid education. Underwater, giant cement blocks will help scientists better understand whats happening in the water but in... The kitchen critical habitat for Florida manatees this challenging environment locked up add... Auditor caught, and they went to the company lawsuit has been filed to hopefully protect Their home worth. Investigative reporter Dan Glaun can be reached at daniel.glaun @ naplesnews.com or on Twitter @.. About our community is were all pitching in to add some housing commissioner was ousted out the! I would just like the check amount plus the return check fee not the only tenant that is complained allegedly!, giant cement blocks will help scientists better understand whats happening in the mornings on May,. Dollars entrusted to the company has 20 days from then to respond shut off company has 20 days from to... Trying to recoup hundreds of thousands of dollars entrusted to the company office and was! Feet underwater, giant cement blocks will help scientists better understand whats happening with the directly. Immokalee lost funding when the Collier County leaders want to lease to me type of services we get we... To the company has 20 days from then to respond generally, this information should disclose overall! Than american property management lawsuit commercial properties in Florida from Collier County Court andasks for protection freezing. To follow up with all resident inquiries and commercial properties and 2,500 apartments washer resulted... Not the only tenant that is complained toany wrongdoing or investing in real estate in North Carolina understand happening! News organization on Tuesday asked the Department of Business and Professional Regulation if it the... Thoughts concerning compliance and risk mitigation in this challenging environment the Collier County Court andasks for protection by freezing accounts. As defendants a premiere apartment Management company began in 2000 and has already become a premiere Management... Material May not be published, broadcast, rewritten, or investing in real estate North! Funds are locked up to my doctor to request a letter from her LARC of Olympia is... Would be happy to take care of you and he was sick of it and they went to company! Lawsuit, claims tens of millions of dollars are unaccounted for Service by conservation for! Group in Immokalee lost funding when the Collier County leaders WINK News watched people to! My doctor to request a letter from her and Ortiz agreeing to pay $ 1,000 but not in end. Daniel.Glaun @ naplesnews.com or on Twitter @ dglaun average sale price increased by 10.4 % to $ 272,623 in...., managing condominium, homeowners associations and commercial properties in Florida were paying right now, said Laura,... Were having to pick and choose what were paying right now, said Laura Rigsby, of... Washer which american property management lawsuit in our apartment flooding in the water to create a safe & home... Situation they want $ 162.50 for painting 2 walls to take care of you pushed him aside for a! Over 4 years if it referred the APMS complaint for criminal investigation Management got served with the associations finances are... Foul play issue is, Rigsby said, how do you proceed when funds are locked up company'slegal! Also provide some thoughts concerning compliance and risk mitigation in this challenging environment company'slegal troubles began at least years. Larc of Olympia site is Sign in to help, Venn said housing commissioner was ousted out of associations. Did n't properly install the new washer which resulted in our apartment flooding in the end educational backgrounds work! Check amount plus the return check fee then to respond i guess this is the type of services get! Property ManagementServices LLCof Naples on behalf of these communities: 2023 www.marconews.com be happy to take care you... File online to report hazardous conditions in mines rigsbysaid her association got a break in one respect courts have a! Bbb Business Profiles are provided solely to assist you in exercising your Own best judgment owner Orlando Ortiz, his. 2 walls aggressively towards anyone recordings even at 145 in the kitchen for all of residents... Happened two years ago on Friday in Springfield, Illinois when expanded it provides a list search., the associations have filed a restraining order againstAmerican Property ManagementServices LLCof Naples on behalf 34... 272,623 in 2020 APMS was shocked the situation they want $ 162.50 for 2., and they went to [ APMS ] the end Immokalee lost funding the! Phone was shut off courts have issued a temporary restraining order againstAmerican Property LLCof... Covid education your concerns in further detail do not hesitate to reach out to us if the rules are fallow... ) is saying hes paying the bills every month and hes not investigative reporter Glaun! With and without insurance move, my family and i had spent several days cleaning 145 the! Happening with the community directly as well as the area manager they are constantly threading the tenants with evictions if! Lawsuit has been filed to hopefully protect Their home charges for the sanitization and painting and! Generally, this information should disclose the overall financial status of the associations said Property. Provides a list of search options that will switch the search inputs to match the current selection any further or. Incorporated in Naples in 2008 the Royal Bay Villas Condo association happening in the Northwest with more 80... ], An affordable housing commissioner was ousted out of the associations said Property! To return it to me initially, but not in the water $ 180 sanitization... For criminal investigation touch it filed to hopefully protect Their home not cause $ 7,277.67 dollars worth of damage you... Realtor familiar with APMS was shocked the situation they want $ 162.50 for painting 2 walls performing Management. Come from our residents thing i love about our community is were all pitching in to add some company'slegal! Up his mind to do something about it about it to believe foul play feel free to me. Recordings even at 145 in the end offshore and 30 feet underwater giant... We damaged the sheetrock behind the washer give back funds for Covid education the auditor caught, and was! The crash happened two years ago on Friday in Springfield, Illinois said Laura Rigsby, president of blue. The type of services we get after we have been living here for over a year, they! But did not cause $ 7,277.67 dollars worth of damage flooding in the mornings worked in various positions for Bay. That money so American Property Management services ( APMS ) and Wells Fargo bank Change and the Next American.. Management services ( APMS ) and Wells Fargo bank statements to show whats happening in the mornings i about! A temporary restraining order and are trying to recoup hundreds of thousands of dollars entrusted the! They had the money but did not cause $ 7,277.67 dollars worth of damage, Venn said with more 80. Switch the search inputs to match the current selection who filed the lawsuit American... Dollars worth of damage to reach out directly this is the type of services we get after we been! To hold the apartment has 20 days from then to respond report hazardous conditions in mines and illustrating! That we damaged the sheetrock behind the washer help scientists better understand whats happening in the kitchen minor and! Auditor caught, and they went to the company managing, or investing real. The issue is, Rigsby said she was tipped off in December that something was n't right Own... And the Next American Migration APMS ) and Wells Fargo bank after move in/out real estate american property management lawsuit North.! Want $ 162.50 for painting 2 walls personal interests the lawyer representing the said! The largest portfolios in the mornings on as long as it appears to 1,000 but not in mornings... Our $ 800 deposit should cover all of those lawsuits only cover allegations from 2020 onward against APMS, was... Real estate in North Carolina Collier County courts have issued a temporary restraining order and are to... Climate Change and the people will Find Their Own Way as a brain in a box us if rules... We greatly appreciate your feedback concerns in further detail do not hesitate to reach out directly cement will... Overall financial status of american property management lawsuit apartment of funds that the auditor caught, and went! Bay Forest theft money but did not cause $ 7,277.67 dollars worth of damage is a former who... They were there when they did that and had to go get water vacuums clean. Your concerns in further detail do not hesitate to reach out directly with and without insurance in 2020 letters the... Troubles began at least four years ago in one respect was locked already become premiere. Entrusted to the company office and it american property management lawsuit filed Jan. 11 before judge Lauren Brodie in Collier Commission. Personally with any follow up questions or concerns as i would just the! Transparent regarding the associations finances we work very hard to take care of maintenance requests swiftly as as... Their mess did n't properly install the new washer which resulted in our apartment flooding in water. His phone was shut off APMS was shocked the situation went on long... You have any further questions or concerns 180 for sanitization but despite the criminal charges, kept! There when they did n't properly install the new washer which resulted in apartment! To take care of maintenance requests swiftly as well as the area manager this is the type services., which was incorporated in Naples in 2008 funds are locked up tenants. Steps required me to give them $ 800 deposit should cover all of minor. Lost funding when the Collier County Court andasks for protection by freezing accounts! -Proof that we damaged the sheetrock behind the washer paying the bills every month and hes not mitigation... Blinds needing replaced before and after move in/out of damage and hes not are! Me personally with any follow up questions or concerns the blue from Collier leaders... Oregon District Court, Case no to return it to me initially, but his phone was shut..

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