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The Government Of Nigeria Takes On Ugwuonye, Its Former Lawyer, In US Court

The Government Of Nigeria Takes On Ugwuonye, Its Former Lawyer, In US Court The Nigerian government has filed a series of legal responses to status reports from its former

 
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The Government Of Nigeria Takes On Ugwuonye, Its Former Lawyer, In US Court



The Nigerian Government has filed a series of legal responses to status reports from Its Former Lawyer, Emeka Ugwuonye, whom it accuses of stealing a $1.5 million tax refund from real estate transactions. Mr. Ugwuonyes questionable handling of The refund was first reported by SaharaReporters.

In The responses to Mr. Ugwuonye, The Embassy of Nigeria in Washington DC, represented by Michael Guiffre of The law firm of Patton Boggs, took apart earlier arguments by The Nigerian-born Ugwuonye. In The filings, The Nigerian embassys attorney characterized Mr. Ugwuonye as a man who has consistently lied about his availability to defend The case. The embassy also revealed that Mr. Ugwuonye's license to practice law in Maryland has been suspended because he failed to pay his bar fees.

The embassy was responding to Ugwuonye's status filing where he accused Patton Boggs of conniving with The Nigerian Government to abduct, torture and illegally detain him in Nigeria. In his filing, Mr. Ugwuonye asked a Washington, DC Federal District Court judge to order The embassy to pay him $4 million for his detention.

However, in an elaborate response, The lawyers to The Nigerian embassy said Mr. Ugwuonye was only trying to turn his criminal trial in Nigeria into a political case by passing himself off as a human rights activist being persecuted by The Nigerian government.

Mr. Ugwuonye had defended The military regime of General Abdulsalami Abubakar (ret.) against lawsuits in The US, services for which he received thousands of dollars in compensation. In a subsequent twist, however, he confiscated monies recovered from The United States Internal Revenue Service for unrelated real estate transactions in which he had represented The Embassy. That act led to his subsequent arrest in Nigeria for criminal breach of trust.

Mr. Ugwuonye is also facing another trial in Lagos where he is accused of stealing $94,000 in funds belonging to another Nigerian client, Sola Adeeyo. Nigerian prosecutors allege that Mr. Ugwuonye defrauded Mr. Adeeyo of The sum after representing The man to recover The monies from an American bank.

SaharaReporters also learnt that The Maryland Attorney Grievances Commission is also investigating Mr. Ugwuonye over his reported confiscation of $1.5 million belonging to The Nigerian government.

In The legal response, Mr. Guiffre challenged The character, claims and professional conduct of Ugwuonye. He asserted that, contrary to Mr. Ugwuonyes claim that he lacked access to Court records, there was ample evidence Ugwuonye was on The Internet almost daily, writing and interviewing, and that he also participated in other cases.

Mr. Guiffre pointed out that, during The same period Ugwuonye alleged he was unable to access The courts electronic record or respond to The courts proceeding, Mr. Ugwuonye was actively involved in another lawsuit, Ugwuonye v. Rotimi et al, where he is representing himself before The United States District Court for The District of Maryland. In addition, he disclosed that Mr. Ugwuonye personally deposed The defendant on February 27, 2012, in Maryland.

Ugwuonyes behavior in his previous suspensions from The bars of many courts, his attempts to thwart deadlines, prevent discovery, and make baseless accusations in Rotimi et al, and his casual attempts to buy time in this case show a disturbing pattern of unethical conduct, Mr. Guiffre wrote.

Mr. Guiffre also cited Ugwuonyes suspension by District Courts in Maryland and New York for professional and unethical offences, and pointed to Mr. Ugwuonyes habit of ignoring suspensions and simply continuing to practice.

He said Mr. Ugwuonye distorted his treatment in Nigerian prison, drawing attention to Mr. Ugwuonyes admission that The Nigerian Government granted him bail, an act that is antithetical to his claim that he was abducted, illegally imprisoned, and tortured.

Moreover, The response asserted that Mr. Ugwuonyes multiple trips back to The United States and his own decision to return to Nigeria repeatedly to stand trial did not suggest The decision-making of a man who had been abused and tortured. The lawyer argued that a person who elects to return to Nigeria to face trial and The prospect of additional prison time can hardly be considered sane if, in fact, that person was actually being tortured in prison. He stressed that Ugwuonyes three trips back to The United States while he was being detained demonstrated his freedom of movement, not The contrary.

The embassys attorney made The case that Ugwuonyes claims were merely self-serving attempts to garner international attention for his political views, adding that Mr. Ugwuonyes desire to promote himself as a political dissident has no place in The court.

Plaintiff (Nigerian Embassy, USA) response to Defendant (Ephraim Emeka Ugwuonye) Separate Status Report and Amended Separate Status Report


Tuesday, May 22, 2012
UNITED STATES DISTRICT COURTFOR The DISTRICT OF COLUMBIA
)
EMBASSY OF The FEDERAL REPUBLIC OF NIGERIA, )
)
Plaintiff, vs. )
Civil Action No. 1:10-cv-01929 (HHK)
)
EPHRAIM EMEKA Ugwuonye, et al., )
)
Defendants. )
)
PLAINTIFFS RESPONSE TO DEFENDANT EPHRAIM UGWUONYES
SEPARATE STATUS REPORT AND AMENDED SEPARATE STATUS REPORT
I. INTRODUCTION
Plaintiff Embassy of The Federal Republic of Nigeria (Embassy), through counsel, hereby responds to Defendant Ephraim Ugwuonyes (Ugwuonye) Separate Status Report and his Amended Separate Status Report (collectively, The Status Report), both of which were filed by Ugwuonye on April 26, 2012. See Dkts. ##52, 53. Ugwuonye filed his Status Report following The expiration of The Courts ordered deadline for The parties to submit a joint status report and made many excuses for his failure to comply with The Courts Order. See Order, Dkt. #48. In his Status Report, Ugwuonye made numerous hostile and false accusations against The Embassy and Patton Boggs LLP, as well as numerous misrepresentations to The Court about his supposed inability to access The Courts docket and respond to these proceedings. If Ugwuonye is unable to show a factual basis for his allegations, The Court should impose appropriate sanctions against him, including imposing restrictions on his future filings.

II. RESPONSE

A. Ugwuonyes Conduct Contradicts His Representations to This Court That He Was and Is Unable to Defend Himself In This Matter.

Ugwuonyes assertion that his ability to access The electronic record of this Court has remained considerably limited is categorically false. Dkt. #53, at 1. Nor is he being honest with The Court when he says it has been practically impossible for him to respond to The proceedings of this Court. Id. From The time that Donald Temple submitted his October 8, 2011 motion to withdraw from The case as Ugwuonyes attorney (see Dkt. #45), Ugwuonye has actively participated in other judicial proceedings, used The internet almost daily, communicated extensively by e-mail, and conducted numerous interviews with reporters. There is no justifiable reason why Ugwuonye could not devote even a modicum of attention to this case.
Ugwuonyes behavior is inconsistent with his allegation that he could not, and cannot, represent himself. When his Former counsel, Donald Temple, moved to withdraw from this case, Ugwuonye consented to The motion. See Dkt. #45, at 1. Ugwuonye never asked The Court for time to seek replacement counsel, nor did he ever indicate that he was not able to represent himself or respond to The Courts proceedings. He filed his Status Report and his subsequent amendment thereto when it suited him to do so rather than comply with The Courts Order.

In fact, Ugwuonye has had access to, and has accessed, The Courts electronic record. The Court has ensured that Ugwuonye received notice of all ECF activity. The Court docket reflects that Ugwuonye is an attorney to be noticed. The ECF system sent a notification to Ugwuonyes two e-mail addresses alerting him to case activity every time a filing was made by any party. The very fact that Ugwuonye filed his Status Report (including The amendment) establishes that he has received Court notices and accessed The Courts electronic record. Moreover, given his frequent e-mail communications from The same e-mail addresses, which are explained in detail below, Ugwuonye cannot claim in good faith that he was unaware of The record of this case.

During The same period in which Ugwuonye represented he was unable to access The Courts electronic record or respond to The Courts proceedings, Ugwuonye has been actively involved in his lawsuit Ugwuonye v. Rotimi, 8:09-cv-09-0658 (D. Md. 2010) (Rotimi), where he is representing himself before The United States District Court for The District of Maryland. Contradicting his misrepresentation that he is unable to defend himself before this Court, Ugwuonye himself deposed The defendant in Rotimi on February 27, 2012, in Washington, D.C. Exh. 1 (Rotimi, Dkt. #93, pg. 5). His presence in Washington, D.C., and his ability to take a deposition in another federal judicial proceeding speaks for itself.

The deadline for The parties joint status report was April 18, 2012 (see Dkt. #48), but Ugwuonye failed to either respond to The Embassys counsels attempt to confer about The content of The joint status report or move for an extension of time before filing his belated Status Report. His failure is inconsistent with his behavior in The Rotimi case during The same time period. For example, on April 15, 2012, Ugwuonye filed a motion for extension of time in The Rotimi case. See Exh. 2 (Rotimi, Dkt. #101). Ugwuonyes exhibited ability to move for an extension of time in Rotimi at The same time he should have filed any motion for an extension of time in this case establishes that his contention that he cannot respond to these proceedings is patently false.

Ugwuonye has frequently availed himself of computers and The internet during The relevant time period. For example, in Rotimi, Ugwuonye regularly used electronic media to communicate with parties in that case. Ugwuonyes deposition, which was to be taken by The defendants counsel, was originally scheduled for February 24, 2012. See Exh. 1 (Rotimi, Dkt. # 93). However, consistent with Ugwuonyes dishonest and irresponsible behavior, he sent opposing counsel an e-mail at 1:41 a.m. on February 24, 2012 informing her that he would not appear at his deposition scheduled for The same day. Exh. 1 (Rotimi, Dkt. #93.)1 Ugwuonye also e-mailed a third party in The Rotimi case who had agreed to be deposed by opposing counsel. The third-party was so intimidated by Ugwuonyes e-mail that he canceled his deposition after The deposition was scheduled to begin. Exh. 1 (Exh. H of Rotimi Dkt. #93). Ugwuonyes consistent use of e-mail in other judicial proceedings counters his claim that he could not access The electronic record of this Court and is yet another manipulative misrepresentation.

In addition to being actively involved with The Rotimi case during The time that Ugwuonye alleges that his ability to access The electronic record of this Court has remained considerably limited, Ugwuonye also wrote and published an almost-daily blog at [ . ]. Between October 26, 2011 and December 23, 2011, Ugwuonye alleges that he was placed in solitary confinement and denied access to lawyers, family, and The outside world.See Exh. 1 (Rotimi, Dkt. #93). Nonetheless, Ugwuonye managed to post a daily blog during that time. See generally, [ . ]. In an effort to position himself as an international political dissident, Ugwuonye often blogged about Nigerian politics and his personal experiences in The Nigerian prison system. For example,2 on November 10, 2011, Ugwuonye posted a detailed opinion piece on Nigerias Economic and Financial Crimes Commission (E.F.C.C.) and Its alleged obstruction of liberty in Nigeria. See, Ephraim Ugwuonye, E.F.C.C. The Gathering Dangers for Liberty in Nigeria, Elomah (Nov. 10, 2011), [ . ] efcc-the-gathering-dangers-for-liberty-in-nigeria-v15-8769. Exh. 4. Ugwuonye must have had

1 Contrary to Ugwuonyes allegations, opposing counsel in Rotimi gave Ugwuonye notice of The deposition on January 25, 2012 more than 30 days prior to The actual deposition. Id. Nonetheless, Ugwuonye said that he never received that notice to serve his personal goals of buying time and preventing any discovery that would not support his case.

2 The listed articles represent a very small sample of The almost daily articles that were posted by Ugwuonye during The period that he claims he had no access to electronic communication with The outside world.access to a computer and to The internet to post these blogs. His claim, therefore, that he could not access The electronic record of this Court is a pretense.

On April 19, 2012, The day after The parties joint status report was due in this case, Ugwuonye posted an article entitled Another Nigerian Tragedy: A Plea for The Life of Farida Waziri ([ . ]...). Exh. 6. Clearly, Ugwuonye had access to The internet and, therefore, to The electronic record of this Court during The time he claims that he could not communicate with The outside world.
Ugwuonye also has conducted multiple interviews with The press since his initial detainment in Nigeria. As recently as April 28, 2012, Ugwuonye participated in a two-part interview entitled Emeka Ugwuonye: A Personal Account of Conflicts and Hard Choices. Ephraim Ugwuonye, EmekaUgwuonye: A Personal Account of Conflicts and Hard Choices

([ . ]...
personal-account-of-conflicts-and-hard-choices). Exh. 17. On April 25, 2012 Elombah.com interviewed Ugwuonye about his ongoing criminal prosecutions in Nigeria. See Exh. 7. After returning to Nigeria from The United States in January, Ugwuonye participated in an interview entitled How Yinka Odumkin, Sowore, and Aluko Ganged Up Against Me. Ephraim Ugwuonye, How Yinka Odumkin, Sowore, and Aluko Ganged Up Against Me, Elombah (March 15, 2012), [ . ]... (Exh. 5). Ugwuonye also participated in press interviews on June 10, 2011 (Exh. 8), and June 8, 2011 (Exh. 9). The subject of these interviews was Ugwuonyes treatment in Nigeria and The status of The Nigerian trials. See Exhs. 5, 7-9. That Ugwuonye had The time to represent himself in other Court proceedings, post extensive blogs and
repeatedly meet with reporters is further evidence that Ugwuonye misrepresented to The Court that he could not access The record of this Court or respond to Court proceedings.

B. Ugwuonye Cannot Provide Any Evidence Supporting His False Allegations that The Embassy and Patton Boggs Engaged in a Conspiracy Against Him.

Ugwuonye has provided no evidentiary support nor can he for his extreme allegations that The Embassy and Patton Boggs conspired to abduct, unlawfully imprison, and torture him. Dkt. #53 at 2-3. This Court should not condone Ugwuonyes baseless accusations against a foreign sovereign and Its counsel.
Ugwuonye distorts his treatment in Nigerian prison. He concedes that The Nigerian Government granted him bail, an act that is antithetical to his claim that he was abducted, illegally imprisoned, and tortured. Moreover, Ugwuonyes multiple trips back to The United States and his own decision to return to Nigeria repeatedly to stand trial does not comport with The decision-making of a man who had been abused and tortured. A person who elects to return to Nigeria to face trial and The prospect of additional prison time can hardly be considered sane if, in fact, that person was actually being tortured in prison. Additionally, Ugwuonyes three trips back to The United States while he was being detained demonstrate his freedom of movement.

Ugwuonyes claims are self-serving attempts to garner international attention for his outspoken and anti-Nigerian political views. Since he was arrested for embezzling money from The Nigerian government, almost all of Ugwuonyes blogs and interviews reflect a theme of attacking and criticizing The Nigerian government.3 Ugwuonyes quest to promote himself as a political dissident has no place in this Court. His politically-motivated accusations are all The more striking

3 See, e.g., Ephraim Ugwuonye, When Will This E.F.C.C. Deception and Manipulation Stop , Emeka Ugwuonye Raises a New Alarm, Elombah (April 28, 2012), [ . ]... (Exh. 10); Ephraim Ugwuonye, Court Discharges AkingThe Government Of Nigeria Takes On Ugwuonye, Its Former Lawyer, In US Courta Emeka Ugwuonye Reacts, Elombah (April 2, 2012),[ . ]
ugwuonye-reacts (Exh. 11).

given that he is an attorney who should understand The implications of making false allegations, and also previously represented The Nigerian government. The Court should prohibit Ugwuonye from using The U.S. courts as a political platform to make unfounded allegations against a foreign sovereign.

Ugwuonye alleges that Patton Boggs conspired with officials of [the] Nigerian Government to abduct and unlawfully imprison [Ugwuonye] in Nigeria while Defendant was visiting Nigeria and that [Ugwuonye] was tortured by The Nigerian secret police at [t]he behest and understanding of Patton Boggs attorneys based on Patton Boggs advice on how to detain and frustrate [Ugwuonye] from returning to The United States so as to prevent Ugwuonye from being available to defend this suit. See Dkt. #53, at 2-3. These allegations are unfounded and absurd, albeit consistent with his previous unethical behavior. Ugwuonye has not supported these ludicrous allegations with even a modicum of evidence, and he cannot do so because The allegations are not remotely connected to reality.

Ugwuonyes attempt to implicate Patton Boggs in his alleged conspiracy comes on The heels of alleging an entirely different entity was The supposed conspirator. In The Rotimi case, Ugwuonye accused The defendant of conspiring with Nigerian officials to detain and torture him to prevent him from trying that case.4 Ugwuonye claimed that

Defendant Sowore has been conniving with certain individuals and officials in Nigeria who are believed to [be] behind Ugwuonyes arrests and detention there[] to prevent discovery from occurring in this case and to influence The outcome of this case, certain officials in Nigeria arranged for Ugwuonye to be arrested and detained[.]

See Exh. 3 (Dkt. #95) at 2. Ugwuonye continues to allege that The prosecutor of The E.F.C.C., who had been a friend and close associate of Sowore went to extraordinary lengths to keep Ugwuonye in detention beyond February 29, 2012 in an undisguised effort to use The sham criminal
4 Patton Boggs has no involvement in The Rotimi case.

prosecution in Nigeria to save Sowore from discovery in [the Rotimi] case, and hence kill The case. Id. As

in this case, Ugwuonye provided no evidence supporting his allegations that The defendant in Rotimi conspired against him to ensure that Ugwuonye remained detained in Nigeria. Ugwuonyes propensity to accuse unrelated entities of The same conduct indicates that he will allege whatever he believes will further his personal interests in these separate lawsuits.

The allegations against Patton Boggs are a thinly veiled attempt by Ugwuonye to impede The Embassys ability to pursue Its claims against him in this Court. The Court should not permit Ugwuonye to manufacture conspiracy theories in an attempt to derail these proceedings and should reject his allegations out of hand.
C. Ugwuonyes Conduct is Consistent with His Previous Unprofessional Behavior.

Ugwuonyes unfounded accusations are even more egregious because he is an attorney. However, they are consistent with his previous unethical behavior. The list of courts that have suspended him for unethical behavior is long. He failed to respect these courts determinations and has engaged in The unauthorized practice of law.
On July 24, 2008, The Maryland Court of Appeals suspended Ugwuonye from The practice of law for 90 days from August 23, 2008 through November 21, 2008 because he failed to act with diligence and competence in representing a client by failing to respond to a notice of contemplated dismissal for lack of service and, with regard to another client, he took a fee for a frivolous case and failed to return an unearned fee (which he had deposited in his operating account). The actions violated Maryland Rules of Professional Conduct (MRPC) 1.1, 1.3, 1.4, 1.5, 1.15, 1.16(d) and 8.4(d) and Md. Code Ann., Bus. Occ. & Prof. 10-306. Exh. 12. Nonetheless, Ugwuonye practiced law during his 90-day suspension. For example, Ugwuonye continued to represent six defendants, including The Government of Nigeria, in The case titled Azikiwe, et al. v. Nigeria Airways, Ltd., et al., Case No. 1:03-cv-06387-FB-CLP (E.D.N.Y.) (Azikiwe). Exh.

13. In 2008, The U.S. District Court for The Eastern District of New York imposed reciprocal discipline upon Ugwuonye as a result of his suspension from practicing law by The Maryland Court of Appeals. The Court suspended Ugwuonye from practicing law until further order of The court. Exh. 14, Order, In re Ugwuonye, Case No. 1:08-mc-00441-BMC (E.D.N.Y.). Nevertheless, Ugwuonye continued to represent The defendants in The Azikiwe matter pending before The court.

The D.C. Court of Appeals also imposed reciprocal discipline upon Ugwuonye as a result of his suspension from practicing law by The Maryland Court of Appeals. The D.C. Court of Appeals suspended Ugwuonye from practicing law for 90 days. Exh. 15, Order, In re Ugwuonye, Case No. 08- BG-1097 (D.C.). The Court further ordered that for purposes of reinstatement respondents suspension will not begin to run until such time as he files an affidavit that fully complies with The requirements of D.C. Bar. R. XI, 14(g). Id. Ugwuonye did not inform The Embassy, who at The time was his client, that he had been suspended from The practice of law by The D.C. Court of Appeals. Ugwuonye continues to be suspended from practicing law in D.C.

Finally, The New York Supreme Court, Appellate Division, Third Judicial Department, imposed reciprocal discipline upon Ugwuonye as a result of his suspension from practicing law by The Maryland Court of Appeals. Exh. 16, In re Ugwuonye, 868 N.Y.S.2d 562, 562 (3d Dept. 2008). The New York Supreme Court ordered that Ugwuonye be suspended from The practice of law for a period of 90 days, effective immediately, and until further order of this Court. Id. The Court also determined that Ugwuonye was forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority . . . . Id. The Court has not yet issued an order reinstating Ugwuonye to practice law.5 Despite The fact that The New York Supreme Court suspended Ugwuonye from practicing law and specifically forbade him from appearing as an

5 Attorneys suspended or disbarred from practicing law in New York are not automatically reinstated at The completion of their disciplinary term but, rather, must apply for reinstatement. See 22 NYCRR 691.11, 102.28. attorney before any court, Ugwuonye continued to represent The Government of Nigeria and other defendants in The Azikiwe litigation, thereby engaging in The unauthorized practice of law. Ugwuonye continues to be suspended from practicing law in New York state courts.
Ugwuonye is currently suspended by The Maryland State Bar for failing to pay his dues. As a result, Ugwuonye holds no license to practice law.6

The many and varied examples of Ugwuonyes unethical behavior are consistent with his baseless allegations here. Ugwuonye has shown and continues to show that he is willing to do and say whatever furthers his personal goals, with no regard for his professional responsibilities or The ethical implications of his actions.

D. Ugwuonyes Conduct is Sanctionable.
Ugwuonyes behavior in his previous suspensions from The bars of many courts, his attempts to thwart deadlines, prevent discovery, and make baseless accusations in Rotimi, and his casual attempts to buy time in this case show a disturbing pattern of unethical conduct. Ugwuonye conveniently uses his alleged maltreatment in Nigeria as a front for failing to abide by The rules of this Court. The Embassy abided by The Courts rules and acted properly, whereas Ugwuonye made baseless allegations in an attempt to thwart court-imposed deadlines and requirements. To allow Ugwuonye to continue his pattern of unprofessional conduct would disrespect this Honorable Court.

Federal Rule of Civil Procedure 11, which is aimed at curbing abuses of The judicial system, is instructive. Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 397 (1990). Under Rule 11, any factual contentions in a Court filing must have evidentiary support.See Fed. R. Civ. P. 11. If a
6 The Maryland State Bar website does not list Ugwuonye as an attorney in Maryland. A representative from The Maryland State Bar informed The Embassys counsel in a telephone conversation at approximately 1:30 P.M. EST on May 14, 2012 that Ugwuonye is suspended from practicing law in Maryland for failing to pay his dues to The Maryland bar.

court filing is not well grounded in fact or is filed for any improper purpose, a Court is obligated to impose Rule 11 sanctions on The filing party. Rafferty v. NYNEX Corp., 60 F.3d 844, 852 (D.C. Cir. 1995). Where a party makes sensational allegations against another party without any factual basis, that partys failure to ensure that The Court filing was well grounded in fact is a clear violation of Rule 11. Carswell v. Air Line Pilots Assn, Intl, 248 F.R.D. 325, 330 (D.D.C. 2008). In McCreary v. Heath, 2005 WL 975736, at *2 (D.D.C. April 22, 2005), this Court imposed filing restrictions on a pro se plaintiff for making outlandish accusations of perjury, fraud before The court, and murder against The other partys counsel. See also Whitehead v. Paramount Pictures Corp., 145 F.Supp.2d 3, 5 (D.D.C. 2001) (imposing full filing restrictions).

Ugwuonyes conspiracy claims against The Embassy and Patton Boggs warrant a similar response by this Court. The Court should make clear to Ugwuonye that he must be able to immediately produce evidence of any allegations he makes against The Embassy and Its counsel or, failing that, he will be subjected to sanctions.

Respectfully submitted,
/s/ T. Michael Guiffr
T. Michael Guiffr, Esquire
T. Michael Guiffr (D.C. Bar No. 465745)
PATTON BOGGS LLP
2550 M Street, NW
Washington, DC 20037
(202) 457-6000 - Telephone
(202) 457-6315 - Fax
[ . ]
Counsel for Plaintiff Embassy of The Federal Republic of Nigeria
Date: May 14, 2012

The Government Of Nigeria Takes On Ugwuonye, Its Former Lawyer, In US Court

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