orloski gets his clock cleaned by afscme

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Untitled 8/8/13 6:5

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CLOSED,APPEAL,A/R,STANDARD

United States District Court

Eastern District of Pennsylvania (Allentown)

CIVIL DOCKET FOR CASE #: 5:12-cv-02832-JS

LOPRESTI v. COUNTY OF LEHIGH

et al

Assigned to: HONORABLE JUAN R.

SANCHEZ

all others Case: 5:12-cv-06281-JS

related Case: 5:12-cv-05634-JSCase in oth

er court:

USCA FOR THE THIRD

CIRCUIT, 13-03220

Cause: 29:621 Job Discrimination (Age)

Date Filed: 05/23/2012

Date Terminated:

06/06/2013

Jury Demand: None

Nature of Suit: 442 Civil

Rights: EmploymentJurisdiction: Federal

Question

Plaintiff

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Untitled 8/8/13 6:5

KATHLEEN

LOPRESTI

represented by

RICHARD J.

ORLOSKI

ORLOSKI LAW FIRM

111 N. CEDAR CREST

BOULEVARD

ALLENTOWN, PA

18104-4602

610-433-2363

Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE

NOTICED

V.

Defendant

COUNTY OF LEHIGH represented by

THOMAS M.

CAFFREY

532 WALNUT STREETALLENTOWN, PA

18101

610-434-4418

Email: [email protected]

LEAD ATTORNEY

ATTORNEY TO BE

NOTICED

Defendant



Untitled 8/8/13 6:5

AFSCME, DISTRICT

COUNCIL 88, LOCAL

543

represented by

LAUREN M. HOYE

WILLIG, WILLIAMS &

DAVIDSON

1845 WALNUT STREET

24TH FLOOR

PHILADELPHIA, PA

19103-4724

215-656-3687

Email:

[email protected] ATTORNEY TO BE

NOTICED

Date Filed # Docket Text

05/23/2012 1 COMPLAINT against AFSCME, DISTRICT

COUNCIL 88, LOCAL 543, COUNTY OF

LEHIGH ( Filing fee $ 350 receipt number

APE001627.), filed by KATHLEENLOPRESTI. (Attachments: # 1 Civil Cover

Sheet FORMS)(ky, ) (Entered: 05/23/2012)

05/23/2012 DEMAND for Trial by Jury by KATHLEEN

LOPRESTI. (ky, ) (Entered: 05/23/2012)

05/23/2012 2 Original Summonses Issued as to AFSCME,

DISTRICT COUNCIL 88, LOCAL 543,

COUNTY OF LEHIGH. Forwarded To:COUNSEL on 5/23/12. (ky, ) (Entered:

05/23/2012)

https://ecf.paed.uscourts.gov/cgi-bin/show_doc.pl?add_padlock=0&caseid=463015&de_seq_num=16&dm_id=10711532&doc_num=2&pdf_header=1

https://ecf.paed.uscourts.gov/doc1/153111430572




Untitled 8/8/13 6:5

06/12/2012 2 SUMMONS Returned Executed by

KATHLEEN LOPRESTI re: David Gawlick

served Summons and Complaint upon

COUNTY OF LEHIGH by Personal.COUNTY OF LEHIGH served on 6/11/2012,

answer due 7/2/2012. (ORLOSKI,

RICHARD) (Entered: 06/12/2012)

06/12/2012 3 SUMMONS Returned Executed by

KATHLEEN LOPRESTI re: David Gawlick

served Summons and Complaint upon

AFSCME, DISTRICT COUNCIL 88,

LOCAL 543 by Personal. AFSCME,DISTRICT COUNCIL 88, LOCAL 543

served on 5/31/2011, answer due 6/21/2011.

(ORLOSKI, RICHARD) (Entered:

06/12/2012)

06/19/2012 4 AFFIDAVIT of Service by Foram Dave re:

served Complaint upon Stephanie Lawson,

AFSCME District Council 88, Local 543 byPersonal on June 15, 2012 (ORLOSKI,


06/20/2012 5 NOTICE of Appearance by LAUREN M.

HOYE on behalf of AFSCME, DISTRICT

COUNCIL 88, LOCAL 543 with Certificate

of Service(HOYE, LAUREN) (Entered:

06/20/2012)

06/20/2012 6 ANSWER to 1 Complaint and Affirmative

Defenses by AFSCME, DISTRICT

COUNCIL 88, LOCAL 543, Certificate of

Service. (HOYE, LAUREN) Modified on

6/21/2012 (nd, ). (Entered: 06/20/2012)










Untitled 8/8/13 6:5

06/25/2012 7 NOTICE of Appearance by THOMAS M.

CAFFREY on behalf of COUNTY OF

LEHIGH (CAFFREY, THOMAS) (Entered:

06/25/2012)

06/25/2012 8 ANSWER to 1 Complaint by COUNTY OF

LEHIGH.(CAFFREY, THOMAS) (Entered:

06/25/2012)

06/27/2012 9 ORDER THAT A RULE 16

CONFERENCE SHALL BE HELD ON

7/11/2012 10:30 AM IN COURTROOM 8-B

BEFORE HONORABLE JUAN R.

SANCHEZ, ETC. SIGNED BY

HONORABLE JUAN R. SANCHEZ ON

6/26/2012. 6/27/2012 ENTERED AND

COPIES E-MAILED.(kk, ) (Entered:

06/27/2012)








Untitled 8/8/13 6:5

07/11/2012 10 SCHEDULING ORDER: FINAL

PRETRIAL CONFERENCE SET FOR

11/27/2012 09:00 AM IN COURTROOM

BEFORE HONORABLE JUAN R.SANCHEZ. TELECONFERENCE

SETTLEMENT CONFERENCE SET FOR

11/2/2012 11:00 AM BEFORE

HONORABLE JUAN R. SANCHEZ.

DISCOVERY DUE BY 9/11/2012.

MOTIONS DUE BY 10/16/2012. MOTION

IN LIMINE DUE BY 11/7/2012.

PLAINTIFF PRETRIAL MEMO DUE BY

11/21/2012. DEFENDANT PRETRIAL

MEMO DUE BY 11/21/2012. TRIAL POOL

SET FOR 12/3/2012.. SIGNED BY


7/11/2012. 7/12/2012 ENTERED AND


07/12/2012)

08/09/2012 11 Minute Entry for proceedings held beforeHONORABLE JUAN R. SANCHEZ:

Pretrial Conference held on 7/11/2012. (kk, )

(Entered: 08/09/2012)

08/29/2012 12 Joint MOTION for Extension of Time to

Complete Discovery filed by KATHLEEN

LOPRESTI.certificate of service.

(Attachments: # 1 Text of Proposed Order)(ORLOSKI, RICHARD) (Entered:

08/29/2012)







Untitled 8/8/13 6:5

09/07/2012 13 ORDER THAT THIS MATTER IS

REFERRED TO MAGISTRATE JUDGE

LYNNE A. SITARSKI FOR A

SETTLEMENT CONFERENCE TO TAKEPLACE ON OR BEFORE 9/21/2012,ETC.

SIGNED BY HONORABLE JUAN R.

SANCHEZ ON 9/7/2012. 9/7/2012

ENTERED AND COPIES E-MAILED.(kk, )

(Entered: 09/07/2012)

09/10/2012 14 ORDER THAT A SETTLEMENT

CONFERENCE IS HEREBY SET FOR

9/12/2012 AT 09:30 AM IN COURTROOM3-E BEFORE MAGISTRATE JUDGE

LYNNE A. SITARSKI. THE ATTACHED

SETTLEMENT CONFERENCE FORM IS

TO BE COMPLETED AND FAXED TO

CHAMBERS (267-299-5060) ON OR

BEFORE 9/10/2012. FURTHER

INSTRUCTIONS ARE AS OUTLINED

HEREIN. SIGNED BY MAGISTRATEJUDGE LYNNE A. SITARSKI ON

9/7/2012. 9/10/2012 ENTERED AND

COPIES E-MAILED.(kp, ) (Entered:

09/10/2012)

09/13/2012 15 Minute Entry for proceedings held before

MAGISTRATE JUDGE LYNNE A.

SITARSKI: Settlement Conference held on9/12/2012. (kk, ) (Entered: 09/13/2012)











Untitled 8/8/13 6:5

09/19/2012 16 MOTION FOR VOLUNTARY NON-SUIT

FOR TWO COUNTS ONLY filed by

KATHLEEN LOPRESTI.CERTIFICATE

OF SERVICE. (Attachments: # 1 ExhibitORIGINAL CHARGE, # 2 Exhibit

AMENDED CHARGE, # 3 Exhibit

CERTIFICATE OF CONCURRENCE, # 4

Exhibit ORDER)(ORLOSKI, RICHARD)

(Entered: 09/19/2012)

09/19/2012 17 BRIEF IN SUPPORT OF MOTION FOR

VOLUNTARY NON-SUIT FOR TWO

COUNTS ONLY filed by KATHLEENLOPRESTI.BRIEF. (Attachments: # 1 Exhibit

ORIGINAL CHARGE, # 2 Exhibit

AMENDED CHARGE, # 3 Exhibit

CERTIFICATE OF CONCURRENCE, # 4

Text of Proposed Order ORDER)(ORLOSKI,

RICHARD) Modified on 9/20/2012 (nd, ).

(Entered: 09/19/2012)

09/21/2012 18 ORDER THAT THE MOTION FOR

VOLUNTARY NON-SUIT IS GRANTED,

AS TO COUNT I AND II ONLY, AND

ARE DISMISSED, WITHOUT

PREJUDICE. SIGNED BY HONORABLE

JUAN R. SANCHEZ ON

9/20/2012.9/21/2012 ENTERED AND

COPIES E-MAILED.(kk, ) (Entered:09/21/2012)


























Untitled 8/8/13 6:5

10/04/2012 19 MOTION for Sanctions filed by KATHLEEN

LOPRESTI.Certificate of Service.

(Attachments: # 1 Text of Proposed Order, # 2

Exhibit A, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8

Exhibit 6, # 9 Exhibit 7)(ORLOSKI,


10/04/2012 20 RESPONSE in Support re 19 MOTION for

Sanctions Brief in Support filed by

KATHLEEN LOPRESTI. (ORLOSKI,


10/05/2012 21 RESPONSE to Motion re 19 MOTION for

Sanctions filed by AFSCME, DISTRICT

COUNCIL 88, LOCAL 543. (Attachments: #

1 Affidavit Exhibit A, # 2 Affidavit Exhibit B,

# 3 Brief)(HOYE, LAUREN) (Entered:

10/05/2012)

10/05/2012 22 MOTION to Place in Suspense filed by

KATHLEEN LOPRESTI.Certificate of Service. (Attachments: # 1 Text of Proposed

Order, # 2 Exhibit A, # 3 Exhibit B)


10/05/2012)

10/05/2012 23 RESPONSE in Support re 22 MOTION to

Place in Suspense Brief in Support filed by

KATHLEEN LOPRESTI. (ORLOSKI,RICHARD) (Entered: 10/05/2012)
































Untitled 8/8/13 6:5

10/09/2012 24 RESPONSE to Motion re 22 MOTION to

Place in Suspense filed by AFSCME,

DISTRICT COUNCIL 88, LOCAL 543.

(Attachments: # 1 Exhibit Exhibit A, # 2 Brief)(HOYE, LAUREN) (Entered:

10/09/2012)

10/10/2012 25 RESPONSE in Opposition re 22 MOTION to

Place in Suspense filed by COUNTY OF

LEHIGH. (Attachments: # 1 Brief)

(CAFFREY, THOMAS) (Entered:

10/10/2012)

10/10/2012 26 CERTIFICATE of Counsel re 25 Response in

Opposition to Motion and Brief in Opposition

to Motion by THOMAS M. CAFFREY on

behalf of COUNTY OF LEHIGH


10/10/2012)
















Untitled 8/8/13 6:5

10/12/2012 27 AMENDED SCHEDULING ORDER:

FINAL PRETRIAL CONFERENCE SET

FOR 11/27/2012 09:00 AM IN

COURTROOM BEFORE HONORABLEJUAN R. SANCHEZ. SETTLEMENT

CONFERENCE SET FOR 11/8/2012 11:00

AM BEFORE HONORABLE JUAN R.

SANCHEZ. MOTIONS DUE BY

10/23/2012. MOTION IN LIMINE DUE BY

11/12/2012. PLAINTIFF PRETRIAL

MEMO DUE BY 11/21/2012.

DEFENDANT PRETRIAL MEMO DUE

BY 11/21/2012. TRIAL POOL SET FOR

12/3/2012.. SIGNED BY HONORABLE

JUAN R. SANCHEZ ON 10/12/2012.

10/12/2012 ENTERED AND COPIES E-

MAILED.(kk, ) (Entered: 10/12/2012)

10/12/2012 28 ORDER THAT THE PLAINTIFFS'

MOTION FOR SANCTIONS (DOC. NO.

19) IS DENIED; THE PLAINTIFFS'MOTION TO HOLD ACTION IN CIVIL

SUSPENSE (DOC. NO.22) IS DENIED.

DEFENDANT AFSCME DISTRICT

COUNCIL 88 SHALL PRODUCE

WALTER FRANCIS FOR DEPOSITION

ON OR BEFORE 10/22/2012. SIGNED BY


10/12/2012.10/12/2012 ENTERED ANDCOPIES E-MAILED.(kk, ) (Entered:

10/12/2012)






Untitled 8/8/13 6:5


HONORABLE JUAN R. SANCHEZ:

Pretrial Conference held on 10/12/2012. (kk, )

(Entered: 10/15/2012)10/23/2012 30 MOTION for Summary Judgment filed by


LOCAL 543.Brief, Affidavit, Certificate of

Service. (Attachments: # 1 Exhibit Exhibit A,

# 2 Exhibit Exhibit A (cont'd), # 3 Exhibit

Exhibit B, # 4 Affidavit Exhibit C, # 5 Brief in

Support of Motion, # 6 Statement of

Undisputed Facts)(HOYE, LAUREN)(Entered: 10/23/2012)

10/23/2012 31 MOTION for Summary Judgment filed by

COUNTY OF LEHIGH.Brief, Affidavit,

Certificate of Service. (Attachments: # 1 Brief,

# 2 A-Loane Affidavit, # 3 B-Sweeney

Affidavit, # 4 C-Francis Deposition, # 5 D-

Lopresti Deposition, # 6 Statement of Undisputed Facts, # 7 Certificate of Service)


10/23/2012)

10/29/2012 32 MOTION for Extension of Time to File

Response/Reply as to 30 MOTION for

Summary Judgment , 31 MOTION for

Summary Judgment filed by KATHLEEN

LOPRESTI.Certificate of Service.(Attachments: # 1 Text of Proposed Order)


10/29/2012)


























Untitled 8/8/13 6:5

10/29/2012 33 Memorandum in Support re 32 MOTION for

Extension of Time to File Response/Reply as

to 30 MOTION for Summary Judgment , 31

MOTION for Summary Judgment filed byKATHLEEN LOPRESTI. (ORLOSKI,


11/01/2012 34 ORDER THAT THE PLAINTIFF'S

MOTION TO EXTEND TIME (DOC. NO.

32) IS DENIED WITHOUT PREJUDICE

TO REASSERTION. SIGNED BY


11/1/2012.11/1/2012 ENTERED ANDCOPIES E-MAILED.(kk, ) (Entered:

11/01/2012)

11/06/2012 35 Response re 31 MOTION for Summary

Judgment Answer to Statement of Undisputed

FActs by Defendant,Lehigh County by

KATHLEEN LOPRESTI. Certificate of

Service. (ORLOSKI, RICHARD) Modifiedon 11/7/2012 (ahf, ). (Entered: 11/06/2012)

11/06/2012 36 Response re 30 MOTION for Summary

Judgment Plaintiff's Answer to Statement of

Undisputed Facts by Defendant, AFSCME by

KATHLEEN LOPRESTI. Certificate of

Service. (ORLOSKI, RICHARD) Modified

on 11/7/2012 (ahf, ). (Entered: 11/06/2012)



























Untitled 8/8/13 6:5

11/06/2012 37 AFFIDAVIT in Opposition re 31 MOTION

for Summary Judgment , 30 MOTION for

Summary Judgment by KATHLEEN

LOPRESTI. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5

Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8

Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11

Exhibit K) (ORLOSKI, RICHARD) (Entered:

11/06/2012)

11/06/2012 38 RESPONSE in Opposition re 30 MOTION

for Summary Judgment , 31 MOTION for

Summary Judgment filed by KATHLEENLOPRESTI. Certificate of Service.

(Attachments: # 1 Exhibit 1, # 2 Text of

Proposed Order Order)(ORLOSKI,

RICHARD) Modified on 11/7/2012 (ahf, ).

(Entered: 11/06/2012)

11/08/2012 39 AFFIDAVIT in Opposition re 30 MOTION

for Summary Judgment , 31 MOTION forSummary Judgment by KATHLEEN

LOPRESTI. (ORLOSKI, RICHARD)

(Entered: 11/08/2012)

11/13/2012 40 REPLY to Response to Motion re 30

MOTION for Summary Judgment filed by


LOCAL 543. (HOYE, LAUREN) (Entered:

11/13/2012)




























Untitled 8/8/13 6:5

11/13/2012 41 EXHIBIT K TO PLAINTIFF'S BRIEF IN

OPPOSITION TO MOTION FOR

SUMMARY JUDGMENT BY

DEFENDANTS, COUNTY OF LEHIGHAND AFSCME, DISTRICT COUNCIL 88,

LCOAL 543 by KATHLEEN

LOPRESTI.CERTIFICATE OF SERVICE.

(EXHIBIT FILED IN HARD COPY DO TO

MEDIA FILE) (kk, ) (Entered: 11/13/2012)

11/13/2012 42 REPLY to Response to Motion re 31

MOTION for Summary Judgment filed by

COUNTY OF LEHIGH. (CAFFREY,THOMAS) (Entered: 11/13/2012)

11/21/2012 43 PRETRIAL MEMORANDUM by

KATHLEEN LOPRESTI Certificate of

Service. (ORLOSKI, RICHARD) (Entered:

11/21/2012)

11/21/2012 44 Points for Charge and Verdict Slip by

AFSCME, DISTRICT COUNCIL 88,LOCAL 543. Certificate of Service (HOYE,

LAUREN) (Entered: 11/21/2012)

11/21/2012 45 Proposed Voir Dire by AFSCME, DISTRICT

COUNCIL 88, LOCAL 543. Certificate of

Service (HOYE, LAUREN) (Entered:

11/21/2012)

11/21/2012 46 PRETRIAL MEMORANDUM byAFSCME, DISTRICT COUNCIL 88,

LOCAL 543 Certificate of Service. (HOYE,

LAUREN) (Entered: 11/21/2012)











Untitled 8/8/13 6:5

11/21/2012 47 PRETRIAL MEMORANDUM by

COUNTY OF LEHIGH. (CAFFREY,

THOMAS) (Entered: 11/21/2012)

12/04/2012 48 TRANSCRIPT of Oral Arguments Hearingheld on 11/27/2012 before Judge JUAN R.

SANCHEZ. Court Reporter: PATRICK

KELLY. (ems) (Entered: 12/04/2012)



Telephone Conference held on 11/8/2012

(kk, ) (Entered: 12/13/2012)12/14/2012 50 Minute Entry for proceedings held before


Interim Pretrial Conference held on

11/27/2012. (kp, ) (Entered: 12/14/2012)

03/07/2013 51 MOTION for Leave to File Exhibits A-F filed

by KATHLEEN LOPRESTI.Certificate of

Service. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)


03/07/2013)



Telephone Conference held on 2/19/2013

(kk, ) (Entered: 03/08/2013)

03/20/2013 53 ANSWER re 51 MOTION for Leave to File

Exhibits A-F filed by AFSCME, DISTRICT

COUNCIL 88, LOCAL 543. Certificate of

Service. (HOYE, LAUREN) Modified on

3/21/2013 (lisad, ). (Entered: 03/20/2013)














Untitled 8/8/13 6:5

03/20/2013 54 BRIEF in Opposition re 51 MOTION for

Leave to File Exhibits A-F filed by AFSCME,

DISTRICT COUNCIL 88, LOCAL 543.

Certificate of Service. (Attachments: # 1

Exhibit)(HOYE, LAUREN) Modified on

3/21/2013 (lisad, ). (Entered: 03/20/2013)

03/21/2013 55 ORDER THAT THE MOTION FOR

LEAVE TO FILE SUPPLEMENTAL

EXHIBITS (DOC. NO.51) IS GRANTED.

THE EXHIBITS ATTACHED TO

LOPRESTI'S MOTION ARE DEEMED TO

BE PART OF THE SUMMARYJUDGMENT RECORD. SIGNED BY


3/21/2013.3/22/2013 ENTERED AND


03/22/2013)

03/21/2013 56 SUPPLEMENTAL EXHIBITS TO THE

SUMMARY JUDGMENT RECORD byKATHLEEN LOPRESTI.. (Attachments: # 1

Exhibit)(kk, ) (Entered: 03/22/2013)

06/06/2013 57 MEMORANDUM OPINION. SIGNED BY


6/6/2013. 6/6/2013 ENTERED AND

COPIES E-MAILED. (aeg, ) (Entered:

06/06/2013)











Untitled 8/8/13 6:5

06/06/2013 58 ORDER THAT DEFENDANT AFSCME'S

MOTION FOR SUMMARY JUDGMENT

(DOC. 31) IS GRANTED. JUDGMENT IS

ENTERED IN FAVOR OF AFSCME ANDAGAINST PLAINTIFF KATHLEEN

LOPRESTI ON COUNT III OF THE

COMPLAINT. DEFENDANT COUNTY

OF LEHIGH'S MOTION FOR SUMMARY

JUDGMENT (DOC. NO. 30) IS

GRANTED. JUDGMENT IS ENTERED IN

FAVOR OF THE COUNTY AND

AGAINST LOPRESTI ON COUNT IV OF

THE COMPLAINT. THE CLERK OF

COURT IS DIRECTED TO MARK THIS

CASE AS CLOSED. SIGNED BY


6/6/2013. 6/6/2013 ENTERED AND

COPIES E-MAILED. (aeg, ) (Entered:

06/06/2013)

06/17/2013 59 MOTION for Reconsideration re 58 Order(Memorandum and/or Opinion),, 57

Memorandum and/or Opinion filed by

KATHLEEN LOPRESTI.Brief Certificate of

Service. (Attachments: # 1 Brief, # 2 Text of

Proposed Order)(ORLOSKI, RICHARD)

(Entered: 06/17/2013)















Untitled 8/8/13 6:5

07/01/2013 60 RESPONSE in Opposition re 59 MOTION

for Reconsideration re 58 Order

(Memorandum and/or Opinion),, 57

Memorandum and/or Opinion filed byAFSCME, DISTRICT COUNCIL 88,

LOCAL 543. (Attachments: # 1 Brief)

(HOYE, LAUREN) (Entered: 07/01/2013)

07/10/2013 61 ORDER THAT THE PLAINTIFF

KATHLEEN LOPRESTI'S MOTION FOR

RECONSIDERATION (DOC. NO.59) IS

DENIED. SIGNED BY HONORABLE

JUAN R. SANCHEZ ON7/9/2013.7/10/2013 ENTERED AND


07/10/2013)

07/16/2013 62 NOTICE OF APPEAL as to 61 Order on

Motion for Reconsideration by KATHLEEN

LOPRESTI. Copies to Judge, Clerk USCA,

Appeals Clerk. (ORLOSKI, RICHARD)Modified on 7/17/2013 (nd, ). (Entered:

07/16/2013)

07/16/2013 63 Clerk's Notice to USCA re 62 Notice of

Appeal : (kk, ) (Entered: 07/17/2013)

07/19/2013 NOTICE of Docketing Record on Appeal

from USCA re 62 Notice of Appeal filed by

KATHLEEN LOPRESTI. USCA CaseNumber 13-3220 (ems) (Entered: 07/19/2013)
















Untitled 8/8/13 6:5

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orloski gets his clock cleaned by afscme

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