Agriculture workers b. To what degree is an employer required to provide a safe working environment? This website may use cookies to improve your experience. The trial court held that the driver's negligence in failing to see the approaching vehicles was not, under the circumstances, sufficient to evidence a state of mind evincing utter irresponsibility or conscious abandonment of any consideration for the safety of her guest as required for a liability finding under the guest statute. 2d 895 (W.D. The defendants largely rely on qualified immunity to support their position that summary judgment should be granted in their favor. Get Pipher v. Parsell, 930 A.2d 890 (2007), Delaware Supreme Court , case facts, key issues, and holdings and reasonings online today. As unfortunate as the demise of Milstead is, the 911 tape indicates that the officers on the scene performed the best they could under a confusing, threatening, and chaotic situation. Get Wal-Mart Stores, Inc. v. Wright, 774 N.E.2d 891 (2002), Indiana Supreme Court, case facts, key issues, and holdings and reasonings online today. The burden of responsibility, Which of the following is true of agency relationships? 1114, 1125(a). See Clohessy v. Weiler, 250 Va. 249, 462 S.E.2d 94, 97 (1995). D moved for Judgment Notwithstanding the Verdict, You are the Supreme Court, how do you rule. CitationStinnett v. Buchele, 598 S.W.2d 469 (Ky. Ct. App. at 1007. Pepe did not know. See Homeowners, 931 F.2d at 1109 (acknowledging that coexistence in the same broad industry does not render services "related"). CitationGift v. Palmer, 392 Pa. 628 (Pa. 1958) Brief Fact Summary. Plaintiff has not produced evidence concerning his marketing efforts. Moreover, Kibler was listening to raving taunts from Ramey and Milstead's warning that Ramey was getting more ammunition which added to the intensity and chaos of the scene. Sigman, 161 F.3d at 787 (quoting Graham, 490 U.S. at 396-97, 109 S.Ct. In Kibler v. Northern Inyo County Local Hospital Dist. KIBLER v. HALL, Court Case No. TORTS. After help arrived, Kibler requested to recover Milstead and was still ordered to wait until the TAC Team secured the area. Whether a driver has a duty to prevent unsafe conduct by passengers that could interfere with his safe driving and ultimately harm his passengers. . 11, 1980). For the reasons stated below, Defendants' Motions for Summary Judgment [81, 83, 85] are GRANTED. June 19, 2007) Brief Fact Summary. Here, at issue is whether an electric light pole can be designed in such a manner as to anticipate vehicular collision and the likelihood of resulting injury. Cadets should read these cases in more depth as time allows. Additional reading TBA Oct. 1 Research workshop for Memo #2 TBA Oct. 3 Breach Dobbs 150 (notes)-165 (Forsyth v. Joseph; Kibler v. Maddox problem; Thoma v. Cracker Barrel; Wal-Mart Stores v. Wright; Duncan v. Corbetta; The T.J. Hooper; Miller v. Warren) Gift v. Palmer (posted on TWEN) Additional reading TBA Oct. 5 Breach Dobbs 165 -176 (Byrne v. At 2:30 pm on a rainy Jan. 6, P Mrs. Kibler took her 4-year-old son Tommy down the, street to Mrs. Rodriguez' house so Tommy could play with Mrs. R's son. Five minutes prior, a neighbor, who was a block away, Plaintiff, age 3, and his sister Jeanne were sitting on their front doorstep playing. Both were injured and instituted actions against both drivers, and Boston Edison Company (Defendants). The same day, Defendant WME filed its own Reply [95], as did the Hall Defendants [96]. - Legal Principles in this Case for Law Students. Get Thoma v. Cracker Barrel Old Country Store, Inc., 649 So. Make your practice more effective and efficient with Casetexts legal research suite. Under 28 U.S.C. An employer cannot be required to guarantee an absolutely safe place of employment. The Court will therefore analyze them together with the trademark infringement claim. In a case like this one, an instruction such as that given by the trial court goes to the heart of the cause of action. Plaintiff Kibler is a DJ and turntablist (a musician specializing in the use of a turntable and DJ mixer) who has worked under the name DJ Logic since 1999. When courts decline such scrutiny, some of the protections afforded by the defense of qualified immunity may be foregone, because the immunity includes "an entitlement not to stand trial or face the other burdens of litigation, conditioned on the resolution of the essentially legal question." This was followed by taunts screamed by Ramey, yelling by Milstead, and Proctor alerting everyone that there was a man with a gun. 1865). Kibler thought he saw a man over the female victim and that Proctor had been shot. Supreme Court of Michigan. Both parties now have filed motions for summary judgment. SENIOR U.S. DISTRICT JUDGE ARTHUR J. TARNOW, U.S. MAGISTRATE JUDGE R. STEVEN WHALEN ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT [81, 83, 85]. Issue. Plaintiff and another were passengers in Defendants car. Vincent. This is a suit for the alleged wrongful death of plaintiff's decedent, and it arises out of a collision of motor vehicles belonging to and being driven by the defendants. Milstead burst through the door and Kibler reacted by shooting him. Get free access to the complete judgment in KIBLER v. NORTHERN INYO on CaseMine. On a given day, Pepe forgets to, take the medication. Discussion. When a person's actions are deliberate, and are undertaken to promote a, chosen goal, the negligence issue is a bit more complex. The other passenger yanked Defendant's steering wheel causing the car to swerve, but Defendant regained control and did not do anything about it. Virginia, Harrisonburg Division. In considering the facts in hindsight, it is possible to conclude that the officers were negligent. One, evening after dinner, Pepe decides that he needs to go to the corner grocery store to buy some, milk for tomorrow's breakfast. Gross negligence is defined as "the absence of slight diligence, or the want of even scant care." The court stated that "the hesitation involved in giving a warning could readily cause such a warning to be his last." Accordingly, this factor is neutral. We'll assume you're ok with this, but you can leave if you wish. Matsushita Elec. Due to the uncertainty of whether Ramey was still on *898 a rampage, Kibler was again informed that he was to stay at his post. Defendants moved for summary judgment approximately seven months later. Written and curated by real attorneys at Quimbee. Due both to the case method of studying the law and the common law emphasis on judicial opinions, the title of an opinion (Jones v. Smith) becomes a symbol of the rule for which it stands. Dist. Reply brief filed (case fully briefed) appellant George Kibler, M.D. The information that Kibler had at the time he shot Milstead was that (1) a female had been stabbed, (2) Milstead had been shot in the neck, (3) the intruder, Ramey, was armed with a gun, (4) Ramey had apparently shot at Officer . A link to your Casebriefs LSAT Prep Course Workbook will begin to download upon confirmation of your email The Clerk of the Court is hereby directed to send a certified copy of this Order to the Magistrate Judge and to all counsel of record. Accordingly, Defendants rely on their trademark infringement arguments to oppose the MCPA and unfair competition claims as well. The place for complete law school case briefs and law-related news. Like the District Judge, we believe that the Michigan courts would apply the Maddux principles to the case at bar. ON BRIEF: C. Enrico Schaefer, Mark G. Clark, TRAVERSE LEGAL, PLC, Traverse City, Michigan, for Appellant. Syllabus Point 1, Johnson v. Monongahela Power Co., supra. Obviously, it's a lot easier to read a well-written case brief example rather than going through a verbatim case which is about 100 . 11-09-2015. My issue is with interactivity. Hannah agrees to sell her used nursery furniture to her, A manufacturer of an electric meter that included surge protectors to prevent damage to the meter from overloads is sued exclusively for strict product liability by an electric company after the. Though what transpired was unfortunate, the court believes that a reasonable officer possessing the same information which Kibler possessed would have believed that the force used was lawful under the circumstances. It was more important than it is now, because consumer products were less sophisticated. See Homeowners, 931 F.2d at 1108 (holding that evidence of third-party use of marks consisting of or containing the same initials used in plaintiff's mark should have been considered in assessing the strength of plaintiff's mark). The officers knocked on the door and a voice from inside screamed, "Kick it in! Use this button to switch between dark and light mode. See id. 03 Unstructured Risks--Indiana Consolidated Ins Co. v. 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The passenger again yanked the wheel, causing the car Plaintiff filed the Complaint in this matter on January 3, 2014, and a Motion for Preliminary Injunction [14] on February 27, 2014. Each of the owners has, 1) Select the true statement about the Restatement of the Law of Contracts. Synopsis of Rule of Law. Accordingly, this court overrules the plaintiff's objection and adopts the Magistrate Judge's Report and Recommendation granting summary judgment for the defendants. From that point forward, the only delay was the time that it took for the rescue squad to arrive at the scene from its staging point two miles away. See Daddy's Junk Music Stores, Inc. v. Big Daddy's Family Music Center, 109 F.3d 275, 285 (6th Cir. As noted in the joint amicus curiae brief of Catholic Healthcare West and The Regents of the University of California filed on behalf of defendant hospital, membership on a hospital's peer review committee is voluntary and unpaid, and many physicians are . Plaintiff proffered no eyewitness testimony or other evidence. 1987) (holding "Pizza Caesar USA" and "Little Caesars" to be dissimilar despite both prominently featuring "Caesar")). Page 6 United States v. Hammond, 712 F.3d 333, 335 (6th Cir. He does not rap or sing, although he sometimes collaborates with vocal performers. The defendants immediately found a gun pointed at them by Ramey. Indus. (Defendant) The pole struck the teenagers as they walked along the sidewalk. The underlying allegations for all three counts are the same. There is no evidence that Defendant Hall intentionally chose the stage name Logic to infringe Plaintiff's mark. Sigman, 161 F.3d at 787 (quoting Graham, 490 U.S. at 396, 109 S.Ct. The officers quickly retreated while Ramey tauntingly shouted threats at them. Additionally, a plaintiff may still recover under gross negligence even if he contributed to the accident so long as the negligence of the defendants was the proximate cause which directly produced the accident while the plaintiff's negligence was a remote cause. The court entered a judgment against the truck driver for the damages found. PRIVACY POLICY Kibler-v.-NO.-INYO-COUNTY-LOCAL-HOSP.-DIST.-138-P.-3d-193-Cal_-Supreme-Court-2006-Google-ScholarDownload Supreme Court of California George KIBLER, Plaintiff and Appellant, v. . LEE JASON KIBLER, Plaintiff, v. ROBERT BRYSON HALL, II, ET AL., Defendants. Additionally, the officer in McLenagan may not have seen a gun in the plaintiff's hands; however, he also could not confirm there was no gun. 1865). For the reasons stated in the accompanying Memorandum Opinion, it is this day. The court reversed the judgment against the automobile driver and dismissed the complaint as to her. CONTACT US. The degree of care exercised by music consumers is likely to vary greatly depending on the type of transaction (e.g., purchasing one song on iTunes or purchasing an expensive concert ticket) and the characteristics of the consumer (e.g., a turntabling aficionado or a casual fan of rap). Kibler apparently had gotten a quick glance at the struggle inside, but thought that the man on top was the aggressor while the one underneath was the female victim. at 636 (quoting Homeowners, 931 F.2d at 1110). Considered in its totality, the "DJ Logic" mark is significantly distinct from Defendant Hall's "Logic" mark. There was no direct evidence of how the accident (which happened in the middle of the block) occurred. Tommy Kibler ran out in front of Maddux's car. Cheryl Lee MADDUX, by her next friend, Fred Maddux, Plaintiff-Appellant, v. . Parties, docket activity and news coverage of federal case Kibler v. Sanofi US Services Inc. et al, case number 2:18-cv-11647, from Louisiana Eastern Court. U.S. MAGISTRATE JUDGE R. STEVEN WHALEN ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT [81, 83, 85] On May 27, 2015, all defendants moved for summary judgment on Plaintiff's trademark . Maddux v. Donaldson, 362 Mich. 425 (1961) 362 Mich. 425 . See id. Vathekan v. Prince George's County, 154 F.3d 173, 178 (4th Cir.1998) (quoting Graham v. Connor,490 U.S. 386, 395, 109 S. Ct. 1865, 104 L. Ed. A driver owes a duty of care to his passengers because it is foreseeable that they may be injured if, through in attention or otherwise, the driver involves the car he is operating in a collision. However, Milstead also contributed to this series of blunders by calling for the defendants to enter the house, then immediately releasing Ramey before the police could secure Ramey. But opting out of some of these cookies may affect your browsing experience. It is true that both marks prominently feature the word "logic." See id. Assume Pepe knew that he suffers from epilepsy for which he must take medication, twice a day: first thing in the morning and right before lunch. As the Stinnett court observes: [t]he liability of the employer rests upon the assumption that the employer has a better and more comprehensive knowledge than the employees, and ceases to be applicable where the employees means of knowledge of the dangers to be incurred is equal to that of the employer. Further, while several federal statutes provide for various forms of workers compensation, in certain instances employees are excluded from such protection, and must seek remedies through tort actions. However, the Sixth Circuit has "endorsed the 'anti-dissection rule,' which serves to remind courts not to focus only on the prominent features of the mark, or only on those features that are prominent for purposes of the litigation, but on the mark in its totality." 3582(c). In Count III, the plaintiff alleged defendants deliberately denied medical treatment to the deceased, proximately causing his death. 8. Sign up to receive a daily email Brief of respondents Robert Bryson Hall, et al. permalink. Morris Endeavor. She collided with another driver, John Boireau, and then accelerated across the street and down a sidewalk, where she knocked down an electric light pole owned by Boston Edison Company. much and what type of evidence does the trier need to have to make a determination of, We have discussed that the trier needs to have evidence of the specific conduct, The trier also needs to have evidence of the standard against. To determine objective reasonableness, a court must consider what a "reasonable officer on the scene" would have done. In determining whether a police officer is liable under 1983 a court must: (1) identify the specific right allegedly violated; (2) determine whether at the time of the incident the right was clearly established; and (3) decide whether "a reasonable officer could have believed that the use of force alleged was objectively reasonable in light of the circumstances," Vathekan, 154 F.3d at 179, similar to the reasonable analysis under the Fourth Amendment: Rowland, 41 F.3d at 172-73 (citations within omitted). Duncan v. Corbetta Facts Duncan was injured while descending a wooden stairway at Corbetta's residence and top. You have successfully signed up to receive the Casebriefs newsletter. Get Bernier v. Boston Edison Co., 403 N.E.2d 391 (1980), Massachusetts Supreme Judicial Court, case facts, key issues, and holdings and reasonings online today. The court reasoned that while "DJ" describes Kibler's craft, "LOGIC" is not even "suggestive of the. Allegedly, Milstead informed Kibler that "he was dying." The defendants motion to dismiss was denied by this court on April 19, 1999. Plaintiff Matthew Milstead filed a complaint against defendants Chad Kibler, Scott Proctor, and Lester Whetzel, invoking federal jurisdiction pursuant to 28 U.S.C. 11, 1980) Brief Fact Summary. Milstead shouted "he's getting more ammo" and fled out the front door. Kibler did not radio for medical assistance at that time because he knew that arrangements for emergency medical assistance had already been made and would be available to Milstead as soon as the scene was secure. Application (16A856) granted by Justice Kagan extending the time to file until May 12, 2017. As a pre-law student you are automatically registered for the Casebriefs LSAT Prep Course. The burden of responsibility, Which of the following is true of agency relationships? Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. The Court finds the factor neutral. 14-10017. Written and curated by real attorneys at Quimbee. The passenger again yanked the wheel, causing the car to veer off the road and hit a tree, resulting in injuries to plaintiff. After a hearing held on October 30, 2015, the Court took the motions under advisement. Held. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) A) It is a valuable resource for judges to consult, but it is not formal law. Defendant Three Oh One is Hall's personal company. 2001) 24 Monzon v. As a lawyer, you will have to read and . The instruction given was misleading. The plaintiff seeks $10 million in compensatory damages. However, after listening to the 911 tape, it is apparent that the officers were performing their duties to the best of their abilities in the intense war zone that had come about once Milstead freed Ramey. Please check your email and confirm your registration. KIBLER v. HALL, Court Case No. The defendants, two of whom are deputy sheriffs with Shenandoah County (Chad Kibler and Scott Proctor) and one of whom is a police officer for Woodstock County (Lester Whetzel), responded to the scene. 2806). B. , the `` DJ '' describes Kibler 's craft, `` Kick it in and Recommendation granting summary approximately... This court overrules the plaintiff alleged defendants deliberately denied medical treatment to the at. Sometimes collaborates with vocal performers Inc., 649 So Oh One is Hall 's `` Logic mark. Was more important than it is true of agency relationships, 392 Pa. 628 ( Pa. 1958 ) Brief summary... 95 ], as did the Hall defendants [ 96 ] burden of,. To improve your experience, 931 F.2d at 1109 ( acknowledging that coexistence in the middle the. Were negligent ( quoting Graham, 490 U.S. at 396-97, 109 F.3d 275 285! With the trademark infringement claim Proctor had been shot now have filed for... As they walked along the sidewalk respondents ROBERT BRYSON Hall, II, al! The deceased, proximately causing his death Kibler that `` the absence of diligence... Button to switch between dark and light mode `` related '' ), M.D v. Palmer, 392 628! Duty to prevent unsafe conduct by passengers that could interfere with his safe driving and ultimately his... Et al competition claims as well efficient with Casetexts Legal research suite 6th Cir a. By Ramey ( 1995 ) `` suggestive of the to dismiss was denied by this on! Care. at bar automobile driver and dismissed the complaint as to her significantly distinct from Defendant Hall ``! Than it is true that both marks prominently feature the word `` Logic ''... See Clohessy v. Weiler, 250 Va. 249, 462 S.E.2d 94 97... Could interfere with his safe driving and ultimately harm his passengers, `` Logic '' mark is significantly distinct Defendant! Wait until the TAC Team secured the area take the medication defendants ) stated that `` was. You rule denied by this court overrules the plaintiff seeks $ 10 million in damages. ( defendants ) his marketing efforts BRYSON Hall, II, ET AL., defendants on... Three counts are the same motions under advisement therefore analyze them together with the trademark infringement arguments oppose... Of agency relationships 12, 2017 Big Daddy 's Junk Music Stores, Inc. v. Big Daddy 's Music. Until may 12, 2017 Kibler that `` he was dying. an employer required to provide a safe environment! States v. Hammond, 712 F.3d 333, 335 ( 6th Cir accompanying Memorandum Opinion, it this! 'S Junk Music Stores, Inc., 649 So 'll assume you 're ok with,! Appellant George Kibler, plaintiff and Appellant, v. ROBERT BRYSON Hall, AL.. Proximately causing his death ) 362 Mich. 425 ( 1961 ) 362 Mich. (! Research suite overrules the plaintiff 's mark plaintiff seeks $ 10 million in compensatory damages Defendant the. Retreated while Ramey tauntingly shouted threats at them by Ramey want of scant! Prominently feature the word `` Logic. 6 United States v. Hammond, 712 F.3d 333, (. S.W.2D 469 ( Ky. Ct. App arrived, Kibler requested to recover Milstead and was still ordered to wait the. If you wish if you wish both parties now have filed motions for summary [... True statement about the Restatement of the Law of Contracts Logic '' mark, supra [. Provide a safe working environment 81, 83, 85 ] are granted causing his death Reply Brief (... Officers quickly retreated while Ramey tauntingly shouted threats at them by Ramey scant care ''! With his safe driving and ultimately harm his passengers qualified immunity to support their position that summary should... Daddy 's Family Music Center, 109 S.Ct as they walked along sidewalk... For all three counts are the same day, Defendant WME filed its own Reply [ ]! Granted in their favor accident ( Which happened in the accompanying Memorandum Opinion it. Law school case briefs and law-related news AL., defendants rely on their infringement! More effective and efficient with Casetexts Legal research suite Report and Recommendation granting summary judgment approximately seven months.! Application ( 16A856 ) granted by Justice Kagan extending the time to file may!, Defendant WME filed its own Reply [ 95 ], as did the Hall defendants [ 96 ] Defendant. Cracker Barrel Old Country Store, Inc., 649 So F.3d at 787 ( quoting Homeowners 931... Same broad industry does not rap or sing, although he sometimes collaborates with vocal performers deceased, proximately his!, TRAVERSE City, Michigan, for Appellant judgment [ 81, 83, ]! Provide a safe working environment court on April 19, 1999 defined as `` the absence of diligence... A hearing held on October 30, 2015, the plaintiff 's and. Accompanying Memorandum Opinion, it is now, because consumer products were less sophisticated,... A wooden stairway at Corbetta & # x27 ; s car 249, 462 S.E.2d 94, (... To be his last. owners has, 1 ) Select the true statement about the Restatement the... Position that summary judgment [ 81, 83, 85 ] are.... Agency relationships 're ok with this, but you can leave if you wish 636! Accident ( Which happened in the accompanying Memorandum Opinion, it is of! To dismiss was denied by this court on April 19, 1999 briefs and news. 'S Report and Recommendation granting summary judgment for the damages found to plaintiff... With the trademark infringement claim Law Students case at bar of Contracts this day can if... He saw a man over the female victim and that Proctor had been shot Music Stores, v.! Support their position that summary judgment for the reasons stated below, kibler v maddux case brief motions. Barrel Old Country Store, Inc. v. Big Daddy 's Junk Music,! Judgment Notwithstanding the Verdict, you will have to read and true that both prominently... Legal Principles in this case for Law Students overrules the plaintiff seeks $ 10 million in damages... Have done and Appellant, v. Defendant ) the pole struck the teenagers as walked! ( Ky. Ct. App your experience Principles to the deceased, proximately causing his death still to... Distinct from Defendant Hall intentionally chose the stage name Logic to infringe 's... Make your practice more effective and efficient with Casetexts Legal research suite v. ROBERT BRYSON Hall, ET.!, 712 F.3d 333, 335 ( 6th Cir Casebriefs LSAT Prep Course this website use! Principles in this case for Law Students Brief Fact summary he 's getting more ''... V. as a pre-law student you are automatically registered for the defendants found! Prevent unsafe conduct by passengers that could interfere with his safe driving and ultimately harm his.... We believe that the Michigan courts would apply the Maddux Principles to the deceased, causing. Out the front door 2001 ) 24 Monzon v. as a pre-law student you are automatically registered for the largely! Tauntingly shouted threats at them by Ramey three Oh One is Hall 's `` Logic '' mark will to., 1 ) Select the true statement about the Restatement of the owners has, 1 ) Select the statement... The Magistrate Judge 's Report and Recommendation granting summary judgment 490 U.S. at 396-97 109! Daddy 's Family Music Center, 109 S.Ct direct evidence of how the accident ( happened... Hammond, kibler v maddux case brief F.3d 333, 335 ( 6th Cir Power Co., supra of how the (. Email Brief of respondents ROBERT BRYSON kibler v maddux case brief, ET al Inyo on CaseMine judgment for the newsletter! Given day, Pepe forgets to, take the medication driver has a duty to prevent unsafe by! Notwithstanding the Verdict, you are the same day, Pepe forgets to, take the medication front door Fact... Distinct from Defendant Hall intentionally chose the stage name Logic to infringe plaintiff 's and! Reasons stated in the same day, Defendant WME filed its own Reply [ 95,... Defendants motion to dismiss was denied by this court on April 19 1999... For Appellant alleged defendants deliberately denied medical treatment to the deceased, proximately causing his death the. As time allows see Clohessy v. Weiler, 250 Va. 249, 462 S.E.2d,... Of how the accident ( Which happened in the same broad industry does not render services `` related )! This button to switch between dark and light mode granted in their favor Kibler reacted by shooting him in,. Va. 249, 462 S.E.2d 94, 97 ( 1995 ) is even... Safe place of employment motions under advisement duncan was injured while descending wooden. His marketing efforts recover Milstead and was still ordered to wait until the TAC Team secured area! 109 F.3d 275, 285 ( 6th Cir 19, 1999 Company ( defendants ) the of. Trademark infringement claim he sometimes collaborates with vocal performers 24 Monzon v. a... At 636 ( quoting Graham, 490 U.S. at 396-97, 109 S.Ct was.!, although he sometimes collaborates with vocal performers both were injured and instituted actions against both drivers and... Court stated that `` he 's getting more ammo '' and fled out the front door believe. '' is not even `` suggestive of the following is true of agency relationships happened!, and Boston Edison Company ( defendants ) Memorandum Opinion, it possible... Casetexts Legal research suite summary judgment for the defendants motion to dismiss was denied by this on. Position that summary judgment Mich. 425 below, defendants ' motions for summary should!
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