Nielsen

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Last Updated: August 29, 2020 at 10:24 PM

Nielsen v. DeSantis

Case Information

Date Filed: May 4, 2020
State: Florida
Issue: Improper Election Administration
Current Court: U.S. District Court for the Northern District of Florida (Case 4:20-cv-00236-MW-MJF )

Issue:

Plaintiffs are arguing that Florida's handling of the election during the pandemic is improper due to Florida’s failure to provide prepaid postage for vote-by-mail ballots, its requirement that vote-by-mail ballots be received by 7 p.m. on Election Day, and its prohibition on the use of paid organizers to assist voters with collecting ballots.

Status:

Miami-Dade Defendants' Answer and Affirmative Defenses to Nielsen Plaintiffs' Second Amended Complaint 7/6/20.

U.S. District of Northern Florida Court Documents

Complaint For Injunctive And Declaratory Relief

(5/4/20)

Notice Of Similar Case

(5/4/20)

Motion To Consolidate Cases By Ron Desantis

(5/19/20)

First Amended Complaint Against All Defendants

(5/20/20)

Motion To Intervene By Republican Organizations

(5/21/20)

Republican Organizations' Memorandum Of Law In Support Of Motion To Intervene

(5/21/20)

Order Consolidating Cases And Setting The Schedule

(5/26/20)

Plaintiff's Response In Opposition To Republican Organizations' Motion To Intervene As Defendants

(5/27/20)

Seventeen Supervisor's Of Elections' Motion For Partial Summary Judgment

(5/27/20)

Exhibit A Federal Register Publication

(5/27/20)

Exhibit B Declaration of Mary Hall

(5/27/20)

Exhibit C Declaration of Supervisor Doyle

(5/27/20)

Exhibit D Declaration of Supervisor Edwards

(5/27/20)

Exhibit E Declaration of Arrington

(5/27/20)

Defendant Elections Canvassing Commission's Motion To Dismiss As An Improper Party

(5/27/20)

Attorney General Of Florida's Motion To Dismiss And Memorandum Of Law

(5/27/20)

Governor And Secretary's Motion To Dismiss With Incorporated Memorandum Of Law

Dream Defenders Plaintiffs' Notice of Joinder In Nielsen Plaintiffs' Response In Opposition To Replublican Organizations' Motion To Intervene As Defendants

Republican Organizations' Motion To Dismiss Or In The Alternative Motion For Summary Jugment

Republican Party Organizations' Memorandum Of Law In Support Of Their Motion To Dismiss Or In The Alternative Motion For Summary Judgment

(5/27/20)

Plaintiff's Motion For Preliminary Injunction

(5/27/20)

Affidavit Acacia Williams

(5/27/20)

Affidavit Alicia Wujciak

(5/27/20)

Affidavit Bianca Baez

(5/27/20)

Affidavit Dream Defenders

(5/27/20)

Affidavit John Jordan

(5/27/20)

Affidavit Murray Heller

(5/27/20)

Affidavit New Florida Majority

(5/27/20)

Affidavit Nicholas Ciriello

(5/27/20)

Affidavit Organize Florida

(5/27/20)

Affidavit Zetta Williams

(5/27/20)

Affidavit Kousser Report

(5/27/20)

Affidavit Smith Report

(5/27/20)

Plaintiff's Motion For Preliminary Injunction

(5/27/20)

Memorandum Of Law In Support Of Plaintiff's Motion For Preliminary Injunction

(5/27/20)

Affidavit re 86 Second Motion For Preliminary Injunction Declarations In Support

(5/27/20)

Affidavit Marsha Bukala

(5/27/20)

Affidavit Paulina Hernandez Morales

(5/27/20)

Affidavit Celcio Eduardo Romero

(5/27/20)

Affidavit Sheila Young

(5/27/20)

Affidavit Robyn Wise

(5/27/20)

Joint Motion to Dismiss Amended Complaint Dkt. 37 And Memorandum of law In Support By Defendants Craig Latimer In His Official Capacity As Hillsborough County Supervisor Of Elections And Hillsborough County Canvassing Board

(5/28/20)

Amended Joint Motion To Dismiss Amended Ccomplaint

(5/28/20)

Order Allowing Replublican Organizations To Intervene

(5/28/20)

Hernando County Defendant's Motion to Dismiss for Lack of Jurisdiction

(5/28/20)

Exhibit A - DMM Chapter 700

(5/28/20)

Exhibit B - Postal Bulletin

(5/28/20)

Exhibit C - AJC Article

(5/28/20)

Exhibit D - Guardian Blog Post

(5/28/20)

xhibit E - Ch. 28670, L.O.F.

(5/28/20)

Exhibit F - Ch. 77-175, L.O.F.

(5/28/20)

Defendant Kim A. Barton, Supervisor Of Elections Of Alachua County, Florida, Joinder In The Amended Motion To Dismiss Filed By Defendant Craig Latimer

(5/28/20)

Notice of Joinder in Seventeen Supervisors of Elections' Motion for Partial Summary Judgment

(5/29/20)

Hernando County Supervisor of Elections' Notice of Joinder and Joinder in Motion for Partial Summary Judgment by Shirley Anderson

(6/1/20)

Supervisors Of Elections Motion To Dismiss Second Amended Complaint

(6/1/20)

Twenty-Eight Supervisors Of Elections Motion To Dismiss

(6/1/20)

Six Supervisors Of Elections' Notice Of Joinder In Seventeen Supervisors Of Elections' Motion For Partial Summary Judgment

(6/4/20)

Defendant Pinellas County Supervisor Of Elections Notice Of Joinder And Adoption Of The Motions To Dismiss The Operative Complaints In The Dream Defenders And Nielsen Cases

(6/4/20)

Plaintiffs' Unopposed Motion To File Consolidated Response On June 15, 2020 To State-Level Defendants' And Intervenor's Motions To Dismiss

(6/5/20)

Joint Stipulation By All Plaintiffs, Defendant DeSantis And Defendant Lee

(6/5/20)

Republican Party Organizations Intervenor-Defendants' Notice Of Supplemental Authority In Support Of Motion To Dismiss

(6/8/20)

Exhibit Texas Democratic Party v. Abbott

(6/8/20)

Joint Motion To Dismiss Second Amended Complaint (Dkt. 47 ) And Memorandum Of Law In Support, By Defendants Craig Latimer And Hillsborough County Canvassing Board

(6/8/20)

Order Dismissing Without Prejudice The Claims Against The Governor

(6/10/20)

Order On The Required Response To The Florida Elections Canvassing Commissions Motion To Dismiss

(6/10/20)

Three County Canvassing Boards Notice Of Joinder In Twenty-Eight Supervisors Of Elections Motion To Dismiss

(6/10/20)

Order Denying As Moot The Motion To File A Reply Memorandum In Support Og Intervention

(6/11/20)

Intervenors Motion For Preliminary Injunction

(6/11/20)

Exhibit Declaration Of J. Kracht

(6/11/20)

Exhibit Declaration Of Deborah Grub

(6/11/20)

Exhibit Declaration Of Finney

(6/11/20)

Exhibit Declaration Of Douglas Hall

(6/11/20)

Exhibit Declaration Of Dolor Ginchereau

(6/11/20)

Exhibit Declaration of McCoy

(6/11/20)

Hernando County Defendants' Motion to Dismiss Intervenors' Complaint for Lack of Jurisdiction with Incorporated Memorandum of Law

(6/12/20)

Miami-Dade County Defendants' Motion to Dismiss and Incorporated Memorandum of Law for Nielsen Plaintiffs' Amended Complaint [D.E. 37] and Notice of Joinder

(6/12/20)

Defendants Lisa Lewis, in Her Official Capacity as Supervisor of Elections and Canvassing Board of Volusia County, Notice of Joinder and Adoption of Hernando County Defendants' Motion to Dismiss Intervenors' Complaint for Lack of Jurisdiction with Incorporated Memorandum of Law

(6/15/20)

Rule 26(a)(1) Initial Disclosures of Defendants Kim A. Barton, Supervisor of Elections for Alachua County, and Alachua County Canvassing Board

(6/15/20)

Plaintiffs' Response in Opposition to the State and Republicans' Motions to Dismiss

(6/15/20)

Dream Defenders Plaintiffs' Combined Opposition to the Motions to Dismiss Filed by the Secretary of State (Nielsen ECF 82) and the Election Canvassing Commission (Nielsen ECF 79)

(6/15/20)

Miami-Dade County Defendants' Motion to Dismiss and Incorporated Memorandum of Law for Williams Plaintiffs' Second Amended Complaint and Notice of Joinder

(6/16/20)

Defendant, Manatee County Canvassing Board's Motion to Dismiss and Notice of Joinder

(6/17/20)

Hernando and Escambia County Defendants' Unopposed Motion to Clarify or Amend this Court's Order of June 16, 2020, with Incorporated Memorandum of Law

(6/17/20)

Fifty-Seven Supervisors of Elections' Motion to Dismiss Plaintiff-Intervenors' Complaint

(6/19/20)

Plaintiffs' Motion for Leave to File Amended Complaint to Add Individual Members of the Florida Election Canvassing Commission

(6/19/20)

Plaintiffs' Amended Motion for Leave to File Amended Complaint to Add Individual Members of the Florida Election Canvassing Commission

(6/19/20)

The Secretary of State's, Attorney General's, Florida Election Canvassing Commission's and Sixty County Supervisors of Elections' Omnibus Opposition to Motions for a Preliminary Injunctio by Nielsen and Dream Defenders Plaintiffs

(6/19/20)

Plaintiffs' Amended Motion for Leave to File Amended Complaint to Add Individual Members of the Florida Election Canvassing Commission (with Revised Exhibit)

(6/21/20)

Lisa Lewis, in Her Official Capacity as Supervisor of Elections for the County of Volusia's Response to the Plaintiffs' Motions for Preliminary Injunction, Motion for Summary Judgment and Joinder in the Response Filed by Laurel Lee and Supervisors (DKT. 290)

(6/22/20)

Dream Defenders Plaintiffs' Combined Opposition to the 28 Supervisors of Elections' Motion to Dismiss (ECF 140), Hernando County Defendants' Motion to Dismiss the Williams Plaintiffs' Second Amended Complaint with Incorporated Memorandum of Law (ECF 157), Joint Motion to Dismiss Second Amended Complaint and Memorandum of Law in Support by Defendants Craig Latimer, in His Official Capacity as Hillsborough County Supervisor of Elections and Hillsborough County Canvassing Board (ECF 208) and Miami-Dade County Defendants' Motion to Dismiss and Incorporated Memorandum of Law for Williams Plaintiffs' Second Amended Complaint and Notice of Joinder (ECF 256)

(6/22/20)

Dream Defenders Plaintiffs' Memorandum of Law in Opposition to Motion for Summary Judgment

(6/22/20)

Declaration of Emerson Gordon-Marvin

(6/22/20)

Declaration of Pamela Cataldo

(6/22/20)

Order Granting Leave to File the Nielsen Plaintiffs' Second Amended Complaint

(6/24/20)

Order Denying a Preliminary Injunction on All Issues But One

(6/24/20)

Joint Motion to Enter Protective Order

(6/24/20)

Plaintiff Intervenors' Omnibus Response to Motion to Dismiss Intervenors' Complaint

(6/25/20)

Joint Stipulation and Protective Order

(6/25/20)

Dream Defenders Plaintiffs' Motion for Leave to File a Third Amended Complaint

(6/25/20)

Secretary of State's Response in Opposition to Grubb Plaintiffs' Motion for Preliminary Injunction

(6/25/20)

Civil Minutes from 6/26/20 Status Conference

(6/26/20)

Fifty-Seven Supervisors of Elections' Response in Opposition to the Plaintiff-Intervenors' Motion for Preliminary Injunction

(6/26/20)

The Secretary of State's Answer to the Intervenor's Complaint

(6/26/20)

Seventeen Supervisors of Elections' Reply in Support of Motion for Partial Summary Judgment

(6/29/20)

Order Amending the Schedule and Granting Leave to File the Third Amended Williams Complaint

(6/30/20)

Trial Brief of Defendant Marion County Canvassing Board

(7/2/20)

Six Supervisors of Elections' Trial Brief

(7/3/20)

Emergency Motion for Protective Order

(7/3/20)

Intervenors' Trial Brief

(7/3/20)

Republican Party Organizations' Trial Brief and Supplemental Memorandum of Law in Support of Motion for Summary Judgment

(7/3/20)

Seven Supervisors of Elections' Trial Brief

(7/3/20)

Nielsen Plaintiffs' Pretrial Brief

(7/3/20)

Dream Defenders Plaintiffs Pre-Trial Brief

(7/3/20)

Miami-Dade Defendants' Supplemental Trial Brief and, in the Alternative, Motion for Summary Judgment

(7/3/20)

Trial Brief of Secretary of State, Attorney General, Individual Florida Canvassing Commissioners, and Fifty-Three County Supervisors of Elections

(7/3/20)

Protective Order

(7/4/20)

Rule 26(a)(3) Disclosures of Defendants Craig Latimer Supervisor of Elections for Hillsborough County and Hillsborough County Canvassing Board

(7/6/20)

Answer and Affirmative Defense of Paul A. Lux, as Supervisor of Elections for Okaloosa County and the Okaloosa County Canvassing Board to the Second Amended Complaint for Injunctive and Declaratory Relief of the Nielsen Plaintiffs

(7/6/20)

Answer and Affirmative Defenses to the Third Amended Complaint of Paul A. Lux, as Supervisor of Elections for Okaloosa County, and the Okaloosa County Canvassing Board

(7/6/20)

Defendant Marion County Canvassing Board's Answer to Plaintiffs' Second Amended Complaint for Injunctive and Declaratory Relief

(7/6/20)

Defendant Marion County Canvassing Board's Rule 26 Initial Disclosures

(7/6/20)

Rule 26(a)(3) Pretrial Disclosures of Defendants Paul Lux, Supervisor of Elections for Okaloosa County, and Okaloosa County Canvassing Board

(7/6/20)

Hernando County Defendants' Answer to the Nielsen Plaintiffs' Second Amended Complaint

(7/6/20)

Hernando County Defendants' Answer and Affirmative Defenses to the Dream Defenders Plaintiffs' Third Amended Complaint

(7/6/20)

Hernando County Defendants' Answer to Intervenors' Complaint

(7/6/20)

Order Narrowing the Section 203 Claim

(7/6/20)

Answer and Affirmative Defenses for Supervisors of Elections Stamoulis, Chambless, Hogan, Earley, Davis, Arrington, Edwards, Link, and Walker

(7/6/20)

9 Supervisors of Elections' Answer to the Intervenors' Complaint (ECF No. 121-1)

(7/6/20)

Answer and Affirmative Defenses for Supervisors of Elections Stamoulis, Chambless, Hogan, Earley, Davis, Arrington, Edwards, Link, and Walker

(7/6/20)

9 Supervisors of Elections' Rule 26(a)(3) Disclosures

(7/6/20)

Six Supervisor of Elections' Answer and Affirmative Defenses to Dream Defender Plaintiffs' Third Amended Complaint (ECF No. 341-1)

(7/6/20)

Answers and Defenses to Nielsen (Dkt. 292-1), Williams (Dkt. 341-1), and Grubb (Dkt. 341-1) Pleadings by Defendants Craig Latimer, in His Official Capacity as Hillsborough County Supervisor of Elections, and Hillsborough County Canvassing Board

(7/6/20)

Defendant Leon County Canvassing Board's Notice of Superseding Joinder and Agreed Prospective Deferral to Supervisor of Elections' Positions

(7/6/20)

Defendants' Rule 26(a)(3) Mandatory Disclosures

(7/6/20)

Defendants' Supplemental Rule 26 Mandatory Disclosures

(7/6/20)

Six Supervisor of Elections' Answer and Affirmative Defenses to Nielsen Plaintiffs' Second Amended Complaint for Injunctive and Declaratory Relief

(7/6/20)

Six Supervisor of Elections' Answer and Affirmative Defenses to Grubb Intervenors' Complaint

(7/6/20)

Defendants, Ron Turner, Sarasota County Supervisor of Elections, and Sarasota County Canvassing Board's Answer to Second Amended Complaint for Injunctive and Declaratory Relief of the Nielsen Plaintiffs

(7/6/20)

Defendants, Ron Turner, Sarasota County Supervisor of Elections, and Sarasota County Canvassing Board's Answer and Affirmative Defenses to Third Amended Complaint

(7/6/20)

Defendants, Ron Turner, Sarasota County Supervisor of Elections, and Sarasota County Canvassing Board's Answer to Intervenor's Complaint

(7/6/20)

Defendant, Lisa Lewis in Her Official Capacity as Supervisor of Elections for Volusia County and the Volusia County Canvassing Board's Answer to the Third Amended Complaint

(7/6/20)

Twenty-Four Supervisors of Elections' Answer to Second Amended Complaint [292-1] by Nielsen Plaintiffs and Affirmative Defenses

(7/6/20)

Seven Supervisors of Elections' Answer and Affirmative Defenses

(7/6/20)

Defendant David H. Stafford's Answer and Affirmative Defenses to Nielsen Plaintiffs' Complaint

(7/6/20)

Twenty-Four Supervisors of Elections' Answer to Williams Plaintiffs' Third Amended Complaint [342-1] and Affirmative Defenses

(7/6/20)

Defendant David H. Stafford's Answer and Affirmative Defenses to Dream Defender Plaintiffs' Third Amended Complaint

(7/6/20)

Defendant David H. Stafford's Answer to Plaintiff-Intervenors' Complaint

(7/6/20)

Seven Supervisors of Elections' Answer and Affirmative Defenses

(7/6/20)

Twenty-Four Supervisors of Elections' Answer to Intervenor's Complaint [121-1] and Affirmative Defenses

(7/6/20)

Seven Supervisors of Electinos' Answer and Affirmative Defenses

(7/6/20)

Ten Supervisors of Elections' Answer and Affirmative Defenses to the Dream Defenders Plaintiffs' Third Amended Complaint

(7/6/20)

Ten Supervisors of Elections' Answer and Affirmative Defesnes to the Nielsen Plaintiffs' Second Amended Complaint for Declaratory and Injunctive Relief

(7/6/20)

Ten Supervisors of Elections' Answer and Affirmative Defenses to Intervenors' Complaint

(7/6/20)

Defendant, Lisa Lewis in Her Official Capacity as Supervisor of Elections for Volusia County and the Volusia County Canvassing Board's Answer to the Second Amended Complaint for Injunctive and Declaratory Relief Filed by the Nielsen Plaintiffs

(7/6/20)

Defendant, Pinellas County Supervisor of Election's Answer and Affirmative Defenses to the Williams Plaintiffs' Third Amended Complaint [ECF 341-1]

(7/6/20)

Defendant, Lisa Lewis in Her Official Capacity as Supervisor of Elections for Volusia County's and the Volusia County Canvassing Board's Answer to Intervenor's Complaint

(7/6/20)

Answer of Lake County Canvassing Board to Neilsen's Complaint

(7/6/20)

Answer of Lake County Canvassing Board to Intervenor's Complaint

(7/6/20)

Answer of Lake County Canvassing Board to Third Amended Williams Complaint

(7/6/20)

State Defendants' Answer to the Dream Defender's Third Amended Complaint

(7/6/20)

State Defendants' Answer to the Nielsen Plaintiffs' Second Amended Complaint

(7/6/20)

Miami-Dade Defendants' Answer and Affirmative Defenses to Williams Plaintiffs' Third Amended Complaint

(7/6/20)

Miami-Dade Defendants' Answer and Affirmative Defenses to Grubb Plaintiffs' Complaint

(7/6/20)

Defendants, Orange County Supervisor of Elections and Orange County Canvassing Board, Answer and Affirmative Defenses to Nielsen Plaintiffs' Second Amended Complaint for Injunctive and Declaratory Relief

(7/6/20)

Republican Party Organizations' Answer and Affirmative Defenses to the Nielsen Plaintiffs' Second Amended Complaint

(7/6/20)

Dream Defenders Plaintiffs' Motions In Limine to Exclude Certain Evidence and Testimony at Trial

(7/6/20)

Answer and Defenses by Kim Barton, Alachua County Supervisor of Elections and the Alachua County Canvassing Board to Intervenor's Complaint

(7/6/20)

Answer and Defenses by Kim Barton, Alachua County Supervisor of Elections to the Third Amended Complaint of the Dream Defenders Plaintiffs

(7/6/20)

Dream Defenders Plaintiffs' Motion In Limine to Exclude the Testimony of Michael K. Plunkett

(7/6/20)

Dream Defenders Plaintiffs' Motion In Limine to Exclude the Opinions and Testimony of Defendant-Intervenors Republican Organizations' Proposed Expert Dr. Brad Lockerbie and Memorandom in Support

(7/6/20)

Answer and Defenses by Kim Barton, Alachua County Supervisor of Elections and the Alachua County Canvassing Board to the Second Amended Complaint of the Nielsen Plaintiffs

(7/6/20)

Plaintiff Intervenors' Response to the Secretary of State's Trial Brief

(7/7/20)

Defendant Susan Gill's Trial Brief

(7/7/20)

Defendants, Orange County Supervisor of Elections and Orange County Canvassing Board, Answer and Affirmative Defenses to Williams Plaintiffs' Third Amended Complaint for Injunctive and Declaratory Relief

(7/7/20)

Defendant Susan Gill's Answer and Affirmative Defenses to Williams Plaintiffs' Third Amended Complaint

(7/8/20)

Defendant Susan Gill's Answer and Affirmative Defenses to Intervenor's Complaint

(7/8/20)

Defendant Susan Gill's ANswer and Affirmative Defenses to Nielsen Plaintiffs' Second Amended Complaint

(7/8/20)

Defendants, Orange County Supervisor of Elections and Orange County Canvassing Board, Answer and Affirmative Defenses to Intervenor's Complaint

(7/8/20)

Defendant, Shirley Anderson's, Memorandum of Law in Opposition to Intervenors' Motion In Limine

(7/10/20)

Defendant Marion County Canvassing Board's Notice of Suerseding Joinder and Agreed Prospective Deferral to Supervisor of Elections' Positions

(7/10/20)

Plaintiff Intervenors' Response to the Defendant, Hernando County Supervisor of Elections Shirley Anderson's Trial Brief

(7/10/20)

Six Supervisors of Elections' Notice of Joinder in Trial Briefs Filed by State Defendants and All Supervisors' of Elections

(7/13/20)

Sixty-Five Supervisors of Elections' Consolidated Response to Plaintiffs' Trial Briefs

(7/13/20)

Dream Defenders Plaintiffs' Response to Trial Briefs of Secretary of State, Attorney General, Individual Florida Canvassing Commissioners and Fifty Three County Supervisors of Elections; Trial Brief of Defendant, Hernando County Supervisor of Elections Shirley Anderson; Miami-Dade Defendants Supplemental Trial Brief and, in the Alternative, Motion for Summary Judgment; and Six Supervisors of Elections' Trial Brief

(7/13/20)

Nielsen Plaintiffs' Consolidated Opposition to Defendants' Pretrial Briefs

(7/13/20)

Omnibus Opposition to the Plaintiffs' and Intervenors' Trial Briefs

(7/13/20)

Secretary of State's Notice of Interim Approval of Democracy Live Omniballot System

(7/14/20)

Plaintiff-Intervenors' Response Secretary of State's Notice of Interim Approval of Democracy Live Omniballot System

(7/14/20)

Hernando County Defendants' Motion To Be Dismissed as Defendants with Regard to the Second Amended Complaint's Challenges to the "Voter Assistance Ban" as Moot with Incorporated Meomorandum of Law

(7/16/20)

Fifty-Seven Supervisors of Elections' Supplemental Trial Brief

(7/17/20)

Joint Notice of Settlement

(7/19/20)

Notice of Filing Settlement

(7/20/20)

Commentary

Edward B. Foley

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A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

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In the News

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This is why US election ballots routinely go missing

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

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Info & Analysis

Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

more info & analysis...

Major Pending Cases

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