0000007695 00000 n The motion is GRANTED. And the best part of all, documents in their CrowdSourced Library are FREE! The Superior Court denied the motion, finding that the statement constituted defamation per se and that there was evidence suggesting Stone's statements were false. 0000008813 00000 n Lakeland faces 2 lawsuits for denial of controversial cell towers Spahi argues new allegations in the 5AC mandate this case be stayed under the rule of exclusive concurrent jurisdiction. The lawsuit alleges that Spahi, who now owns a controlling interest and 40 units in the property, misappropriated $11 million out of $50 million FEMA paid Ocean Towers to make repairs after the 1994 Northridge earthquake. Case Number: *******0918 Hearing Date: March 12, 2020 Dept: P. Plaintiff HOA alleges defendant Spahi used his position as the HOAs controlling director to engineer sham sale agreements under which the HOA sold units to Spahi and his alter egos for less than market value. "We believe that he used the money to acquire more units for himself because he appointed himself CEO of the co-op corporation and could do whatever he wanted or felt he could. and the proceeding . Cases, Dockets and Filings in New Jersey Palisades News. Ocean Towers Housing Corporation v. Superior Court of Los Angeles County et al. ] Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 891. All to prevent us from getting approval for the original foreclosed unit. Millennium Tower Litigation Settled, Engineering Upgrade of Building to Ocean Tower Failure Analysis South Padre Island Texas Ocean Tower condominium was expected to be the highest structure of luxury living in the Rio Grande but instead dubbed the 'leaning tower of South Padre' because parts of it have sunk almost 16 inches, cracking beams and columns. . Ocean Towers apartments is at the North end of Palisades Park, one of the world's finest urban locations for an apartment building. Cal. (916 . Ocean Tower SPI was an unfinished, 31-story condominium in South Padre Island, Cameron County, Texas, United States, that was imploded when it was deemed unsafe to remain standing. *******0918, Demurrer and Motion to Strike Portions of the First Amended Complaint, Motion for Admission as Counsel Pro Hac Vice. Comments 1 | Recommend 0 . On 05/13/2019 OCEAN TOWERS HOUSING CORPORATION filed a Contract - Other Contract lawsuit against SEIF ASCAR AS THE TRUSTEE OF THE WINDSOR PROPERTY TRUST,. RABA-KISTNER CONSULTANTS, INC. v. OCEAN TOWER, L. P. AND ANTUN T. DOMIT The nearby Texas Park Road 100 was closed on safety grounds just before the building was set to be razed. 0000007824 00000 n Stone claimed that the company did this despite statements that it lacked sufficient funds to engage in "much needed building repairs.". WHEREAS, U.S. Bank, N.A., as Trustee of the Thornburg Mortgage Securities Trust 2007-2 ("USB") and Ocean Towers Housing Corporation ("OTHC") entered into a Settlement Agreement and Release ("Agreement") dated January 8, 2020 for the purpose of resolving by compromise settlement all claims, liabilities, and disputes between them relating to . 0000074857 00000 n The HOA moves for an order striking Windsors answer and entering default. The Miami-based developer, led by president and CEO Edgardo Defortuna, built the 51-story beachfront tower at 17121 Collins Ave. as part . Ingos Kevin Bludsos New Barbecue Location Will Be 1.5 Miles Away From the Pier. The matter at hand is whether or not Ocean Towers had the right to pay attorney fees to protect its board of directors. Celebrate Cinco de Mayo at Hotel Casa del Mar with your friends and Dos Hombres Mezcal! DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE STRONGLY ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR VIA COURT CALL WHENEVER POSSIBLE. " The lawsuit alleges that Spahi, who now owns a controlling interest and 40 units in the property, misappropriated $11 million out of $50 million FEMA paid Ocean Towers to make repairs after the 1994 Northridge earthquake." . has not been finally disposed of . 11/15/2019: Objection - AMENDED OBJECTIONS TO PLAINTIFF'S NOTICE OF DEPOSITION OF PERSON MOST QUALIFIED AT DEFENDANT WINDSOR OCEAN, INC. 11/13/2019: Declaration - DECLARATION OF HERBERT NACION RE: PAYMENT AND SUBMISSION OF PRO HAC VICE APPLICATION TO STATE BAR OF CA, 11/13/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; DEFENDANT JOHN SPAHI'S DEMURRER -), 11/5/2019: Reply - JOHN SPAHIS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT, 11/5/2019: Reply - DEFENDANT JOHN SPAHIS REPLY IN SUPPORT OF HIS REQUEST FOR JUDICAL NOTICE, 11/5/2019: Request for Judicial Notice - DEFENDANT JOHN SPAHIS SECOND REQUEST FOR JUDICAL NOTICE IN SUPPORT OF DEFENDANTS JOHN SPAHIS DEMURRER TO THE FIRST AMENDED COMPLAINT, 11/5/2019: Reply - JOHN SPAHIS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE THE PUNITIVE DAMAGES CLAIM FROM THE FIRST AMENDED COMPLAINT, 10/18/2019: Request for Entry of Default / Judgment, 10/22/2019: Request for Entry of Default / Judgment, 10/28/2019: Objection - OBJECTION TO DEFENDANT JOHN SPAHI'S REQUEST FOR JUDICIAL NOTICE FILED IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT, 10/28/2019: Opposition - OPPOSITION OF PLAINTIFF OCEAN TOWERS HOUSING TO SPAHI'S DEMURRER TO THE FIRST AMENDED COMPLAINT, 10/28/2019: Opposition - OPPOSITION OF PLAINTIFF OCEAN TOWERS HOUSING TO SPAHI'S MOTION TO STRIKE PUNITIVE CLAIM FROM FIRST AMENDED COMPLAINT, 10/15/2019: Response - RESPONSE TO PLAINTIFF OCEAN TOWERS HOUSING CORPORATION'S EX PARTE APPLICATION FOR AN ORDER CONTINUING HEARING DATE), 10/15/2019: Ex Parte Application - EX PARTE APPLICATION OF PLAINTIFF OCEAN TOWERS HOUSING CORPORATION'S FOR AN ORDER CONTINUING HEARING DATE ON JOHN SPAHI'S DEMURRER AND MOTION TO STRIKE REGARDING THE FIRST AMEND, Hearing01/22/2020 at 08:30 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Case Management Conference, DocketAmended Objections to Plaintiff's Notice of Deposition of Person Most Qualified at Defendant Windsor Ocean, Inc.; Filed by Windsor Ocean, Inc. (Defendant), DocketNotice of Ruling; Filed by Ocean Towers Housing Corporation (Plaintiff), Docketat 08:30 AM in Department P; Case Management Conference - Held - Continued, Docketat 08:30 AM in Department P; Hearing on Motion to be Admitted Pro Hac Vice - Held - Motion Granted, Docketat 08:30 AM in Department P; Hearing on Demurrer - with Motion to Strike (CCP 430.10) - Held - Motion Granted, DocketMinute Order ( (Case Management Conference; Defendant John Spahi's Demurrer -)); Filed by Clerk, DocketDeclaration (of Herbert Nacion re: Payment and Submission of Pro Hac Vice Application to State Bar of CA); Filed by John Spahi (Defendant), Docketat 08:30 AM in Department R, Marc D. Gross, Presiding; Case Management Conference - Not Held - Vacated by Court, DocketJOHN SPAHI?S REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE THE PUNITIVE DAMAGES CLAIM FROM THE FIRST AMENDED COMPLAINT; Filed by John Spahi (Defendant), DocketAnswer; Filed by Windsor Ocean, Inc. (Defendant), DocketProof of Personal Service; Filed by Ocean Towers Housing Corporation (Plaintiff), DocketFirst Amended Complaint For: 1. Michael Eggenberger, a member of the New York State Bar, applies for admission pro hac vice as counsel for defendants Windsor Ocean Inc. and John Spahi. This place is a mess and we are so greatful that our escrow never closed. 0000006486 00000 n The HOA argues Windsors counsel, Pierce Bainbridge, assisted in the fraud by designating Spahis son Omar as Windsors PMQ, though he had no knowledge of Windsors structure or dealings, and by filing an answer that allegedly claimed Windsor followed corporate formalities. 75 0 obj <> endobj xref 75 50 0000000016 00000 n 0000002075 00000 n We tried buying other condo units there and kept getting rejected from the coop also. 8. SC124263 (the original action) pending in Dept. OCEAN TOWERS HOUSING CORPORATION VS JOSEPH ORLANDO, III, ET AL. This litigation, involving a signature project in San Francisco with a number of well-known unit owners, including former 49ers' quarterback Joe Montana, was featured on a segment on 60 Minutes and heavily covered by local and national print and broadcast media. ocean tower lawsuit outcome. The cases involved complex legal and technical issues regarding the cause of the movement and tilt of the tower and other alleged damage to the tower, mechanisms and costs to upgrade the tower's original foundation system and responsibility for the damages claimed by plaintiffs.Total recoveries sought against TJPA exceeded more than $1 billion. The purchase agreements contained indemnification provisions, under which buyers would agree to indemnify the HOA against lender lawsuits arising out of the liens. OCEAN TOWER LAWSUIT: Full text. GRANTED. The Isens did not have a good faith belief their statements about the Spahis were true or accurate, but either knew the statements were false when made or willfully and wantonly disregarded the truth.. When two superior courts have concurrent jurisdiction over the subject matter and all parties involved in litigation, the first to assume jurisdiction has exclusive and continuing jurisdiction over the subject matter and all parties until all necessarily related matters have been resolved. The litigation is still on-going and the matter has not been adjudicated fully yet. ], Punitive damages may not be granted in an action based on breach of contract, even if the defendants breach was willful or fraudulent., Michael Eggenberger, a member of the New York State Bar, applies for admission, Pursuant to California Rules of Court 9.40, an application for appearance. The current action initially contained causes of action for (1) rescission of the purchase agreements, (2) breach of indemnification agreement and (3) judicial foreclosure. ;128.7 (g). ;128.7 by stating in its answer answering Defendant denies that Plaintiff has or will sustain any damage or loss by reason of any act or omission of this answering Defendant, or its agent, employees, servants, officers, directors, shareholders, representatives or otherwise. Plaintiff argues this constitutes a representation that defendant has employees . hUQo0+=0N8RtHkhxHL!AI?M e]SYV;by@Q0?>xU RxL)PNp%pWJdynE)0Z0}r*:*yV(b E(0MP4-E^IvldN~ R-9;RMs~7_qZ*- %`o0l8or Plaintiff Ocean Towers Corporation (HOA) argues the nominal owners defaulted on their indemnity obligations and seeks appointment of a receiver to preserve its collateral namely, the units and their rents. . Transbay Joint Powers Authority (TJPA), et al. Plaintiff characterizes this as an improper third bite at the apple and argues exclusive concurrent jurisdiction cannot apply because both lawsuits were filed within the Los Angeles County Superior Court. Ocean Tower Settlement and Implosion - Blogger Proc. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Id. I'm happy to discuss the receivership motion in detail, but please issue a retraction of this article as none of it is true. "there is sufficient evidence to show misappropriation of funds," she said." Thus, Spahi argues, the cases are necessarily related, and the concurrent jurisdiction rule applies. Since section 128.7(g) explicitly exempts discovery responses from its scope, a request for sanctions for such conduct is not well taken. In 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. Ocean Tower Failure Analysis | Walter P Moore It is one of the most prominent structures visible on the Pacific Coast Highway as southbound drivers enter Santa Monica from Pacific Palisades. Falk v. Childrens Hospital Los Angeles (2015) 237 Cal.App.4th 1454, 1469 fn. Once the columns had been fully braced, then garage beams would be cut away and the foundation would be repaired. While the motion is not well taken, defendant has not shown it was brought to harass or unnecessarily delay. The truthfulness and accuracy of such information is likely to be in dispute. John Spahi was never CEO of Ocean Towers. [W]hen two superior courts have concurrent jurisdiction over the subject matter and all parties involved in litigation, the first to assume jurisdiction has exclusive and continuing jurisdiction until such time as all necessarily related matters have been resolved., Plaintiff characterizes this as an improper third bite at the apple and argues exclusive concurrent jurisdiction cannot apply because both lawsuits were filed within the Los Angeles County Superior Court. Other parties who were brought into this litigation include parties involved in the design and construction of the Millennium Tower, the Transit Center, and two other nearby projectsthe Sales Force Tower and a project at 350 Mission. In 2019, Ocean Towers HOA became the sole plaintiff in the 2015 action. PDF EFORE THE STATE COMMISSION ON JUDICIAL CONDUCT - Texas [11][5] By this time more than 100 of the condominiums had been sold. Proc. Traffic, ITS, and Transportation Planning. Nov. 27, 2013 10:43 AM PT. 0000004091 00000 n Shore Hotel Takes Grand Prize in Environmental Award, Former UCLA Gynecologist Sentenced to 11 Years for Sexual Misconduct, Santa Monica To Pay $122M in Sexual Abuse Settlement Against Former Employee, SMa.r.t. He never had to pay the fees! The two cases do involve different defendants, different causes of action and different primary rights. [6][7][8] The official explanation was that the parking garage and the tower were mistakenly built connected, forcing the weight down upon the garage instead of on the tower's core. The Pride LA Cause Of Action: 28 U.S.C. Case Number: *******0918 Hearing Date: November 13, 2019 Dept: P, SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, DEPT. The court granted final approval of the proposed settlement in the class action on August 7, 2020. The declaration of John M. Pierce in support of the motion states defendants counsel will promptly provide this application to the State Bar of California. Declaration of John M. Pierce, 3. Pier supports in the shifting clay more than 100 feet (30m) underground began buckling, stressing beams and columns, causing cracking, spalling, and breaking, eventually causing the building to lean towards the northwest corner, cracking the wall of the adjacent garage, which abuts the tower. On October 7, 2020, the court entered an order finding all conditions to be met and the global settlement to be final and effective. Therefore, under. TAHER SPAHI, ET AL. jakarta residence implosion 2009 dimulai.. Zachary however was later dismissed from the lawsuit. Construction activity ceased immediately because of the public safety risk and potential for partial collapse. [1][2], The Ocean Tower project was developed by Coastal Constructors Southwest Ventures, a subsidiary of Zachry Construction. Submitted by DMLP Staff on Tue, 09/23/2008 - 22:15, Ocean Towers Housing Corp., the owner of an apartment building in Santa Monica, California filed a defamation lawsuit against one of its tenants Richard Stone, who accused the company of breaching its fiduciary duty to its shareholders. [6], The developers have filed a $125 million lawsuit against geotechnical engineering firm Raba-Kistner Engineering and Consulting of San Antonio and structural engineers Datum Engineers of Austin and Dallas. STIPULATED JUDGMENT. Though alter ego liability is alleged in both claims, those allegations are distinct from the primary right central to each claim. Preliminary evaluation showed that the tower's core had sunk 14 to 16 inches (360 to 410mm), while the attached parking lot had shifted less than half that distance. 0000005896 00000 n Additionally, even if the court accepted plaintiffs interpretation, plaintiff does not adequately justify imposition of such an extreme remedy as entry of default. Defendant Spahi filed the motion to stay, which is granted, per the courts prior tentative. "Prestige property at 201 Ocean Ave. has completed three years of litigation". 3. " He straight out explained to us that the above was the reason that we were not getting approved. Paragraph 2 of the complaint does not violate ;128.7, even if plaintiff proved Bainbridge has no agents, employees, servants, officers, directors or shareholders. Additionally, Spahi argues the statute of limitations bars the first and third causes of action. Also alleged: the firm stated the units owned by Spahi and his family were about to be auctioned off in bankruptcy court. Plaintiff HOA sues defendant Spahi for allegedly using his position as the HOAs controlling director to engineer sham sale agreements, under which the HOA sold several residential units to Spahi and his alter egos for less than fair market value. 0000026701 00000 n People ex. LA COURT CONNECT IS NOW AVAILABLE. Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781. The court recognized that Stone might have qualified for the privilege if he had made his statements in a letter to another interested party, but it determined that posting a statement on the Internet does not prove the required intent to reach a specific interested party. Ocean Towers has taken on 3 loan since that time and has passed all due diligence from all the lenders. Santa Monica Police Seek Arson Suspect Who Set Five Fires in Two Hours in Santa Monica, UC Berkeley Grad Nima Momeni Arrested For Murder of Cash App founder Bob Lee, Woman Shoved Into a Vehicle, Abducted in Westwood Near UCLA, Santa Monica's Ban on Gas Piping to Prohibit Gas Appliances Was Just Ruled Illegal by U.S. Ninth Circuit Court of Appeal, Fox News Dumps Tucker Carlson Because He Attacked the Effectiveness and Safety of Pfizer and Moderna's Covid Vaccines, Says #RFK. Although the facts of the case are not disclosed and difficult to obtain, the lawsuit does reveal that the exploratory borings were no deeper than 100 feet, and the design pile depth was 95 feet in the final construction drawings. 0000002573 00000 n The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. Nope! 0000210744 00000 n 0000305585 00000 n Ocean Tower condominium was expected to be the highest structure of luxury living in the Rio Grande but instead dubbed the leaning tower of South Padre because parts of it have sunk almost 16 inches, cracking beams and columns. Spahi v. Superior Court of Los Angeles County et al. Motion to Strike Punitive Damages Allegations. Public Records Policy. According to the ruling, representatives of Isen Investments allegedly began defaming Spahi and conspiring to deflate the value of his real estate holdings after Spahi had filed for Chapter 11 bankruptcy protection in December 2009. In July 2008 the developers filed a $125,000,000 lawsuit against Raba-Kistner geotechnical engineers and the structural engineer and the general contractor Zachary Construction. Ocean Towers Housing Corp., the owner of an apartment building in Santa Monica, California filed a defamation lawsuit against one of its tenants Richard Stone, who accused the company of breaching its fiduciary duty to its shareholders. 0000211211 00000 n Spahi previously demurred to the First Amended Complaint on the grounds that it was based on the same primary right as the 2015 action. These easy peasy blog commenting tips will drive mad traffic to your blog. The parties subsequently drafted, negotiated and executed a series of settlement documents. ", "Ocean Towers are twin, 5-star highrise Co-op towers near the beach in beautiful Santa Monica, CA. 0000089433 00000 n Code of Civ. HAPI FOUNDATION, ET AL. We also share information about your use of our site with our social media, advertising and analytics partners. Owners of more than 200 units filed individual actions and a putative class action was filed on behalf of the remaining unit owners. 0000144111 00000 n Courts determining whether a court has exclusive concurrent jurisdiction apply an expansive subject matter test which considers whether the two actions arise from the same transaction. Plant Insulation Co. v. Fireboard Corp. (1990) 224 Cal.App.3d 781, 789. . Both the first cause of action here and the 2015 action are based on allegations that defendants misused their positions as HOA directors, forcing the HOA into fraudulent purchase agreements. 0000119652 00000 n 2022-06-10, Los Angeles County Superior Courts | Contract | In 2018, a receiver was appointed to operate the HOA, and Spahi was removed as a board member. The court also found that the litigation privilege didn't apply because both Stone and his comments were unrelated to the other Ocean Towers lawsuit. The original action was converted to a direct action by the HOA in 2019. endstream endobj startxref The suit names as defendants all three of Ocean Tower's contractors: engineering firms Raba-Kistner Consultants Inc., based in San Antonio, and Datum Engineering Inc., based in Austin, as well as Delaware based Zachry Construction Corp. Further, Spahi alleged the firm advertised he never returned the security deposits to anyone who rents one of his units, failed to pay the secured loans on each unit, was solicited by the banks as a fraud, and did not pay homeowner association fees. Baidu's Political Censorship is Protected by First Amendment, but Raises Broader Issues, Hear Ye, Hear Ye! According to filings in the case, in a posting on his website The Ocean View, Stone accused Ocean Towers of using company funds to finance a loan for a board member's nephew. . endstream endobj 37 0 obj <>stream Island spokesman Dan Quandt described the event as "a very good short-term economic boost for South Padre Island". She continued the hearing to June 27 and recommended that the two parties, John Spahi and Michael Reach, attempt to settle their dispute. The Retro-style Diner Will Open Shop Back Up on Wilshire Boulevard and Expand Into the Old Vienna Bakery Space. U.S. BANK, N.A. v. OCEAN TOWERS HOUSING CORPORATION - Leagle SUSTAINED as to the first cause of action without leave to amend but OVERRULED as to the second and third causes of action. The second and third causes of action seek to enforce plaintiffs alleged right to indemnification under the purchase agreement. Defendant argues the 2019 action constitutes an improper attempt to divide this primary right, since both actions are brought by the HOA and are based on the same alleged scheme by Spahi. 2022-03-17, Los Angeles County Superior Courts | Property | According to filings in the Heyman Densmore,;Roger P. Heyman; James K.T. *******0918. Defendant seeks to stay this action, arguing the 2015 action seeks to recover litigation fees and expenses incurred in the bank lawsuits, while the instant action seeks contractual indemnification of the same fees and expenses. The current action alleges Spahi is responsible for paying any judgment that may be awarded against the HOA arising from his alter egos purchase of the units, due to the purchase agreements indemnification provisions. 0000184153 00000 n 0000137496 00000 n Investors sue developer of 2 planned Honolulu condo towers This is all false, none of this has been alleged in any formal document in the case pending. Defendant Spahi cites to Glade v. Glade, where an action was stayed pending the resolution of a prior action within the same superior court involving the same claims. NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. Some Federal Courts Post Audio Recordings Online, Service and Research at the Frontier of Media Law, DMLP Announcement: Live Chat Session on Tax-Exempt Journalism (UPDATED), A New Approach to Helping Journalism Non-Profits at the IRS. Plaintiffs argument is unavailing, and Dept. I can hypothesize, maybe Raba's engineer(s) thought the piles would be 100% skin friction piles but over-estimated the skin friction developed? Cancellation and Refund Policy, Privacy Policy, and Justia US Law Case Law Texas Case Law Texas Court of Appeals, Thirteenth District Decisions 2010 RABA-KISTNER CONSULTANTS, INC. v. OCEAN TOWER, L. P. AND ANTUN T. DOMIT--Appeal from 357th District. An attorney who files papers violating these requirements is subject to sanctions, including dismissal. 0000230961 00000 n 0000001976 00000 n BC359619 (Superior Ct.); B198657 (Appellate). 2022-12-22, Los Angeles County Superior Courts | Property | ;128.7(b)(1), (4). The podium of the building was a large parking garage with the homes beginning at 55 feet (17m) above sea level. Moreover, the Isens were aware of the harm to the Spahis that would result from the false statements and intended to cause such harm, the appellate court ruling stated about Spahis lawsuit. Plaintiff seeks to enforce those indemnification provisions and recover legal fees. Fortune International Group owes $1.5 million to a lender in the developer's luxury Jade Ocean high-rise condominium in Sunny Isles Beach, a Miami-Dade Circuit Court lawsuit claims. A trial court reportedly dismissed the lawsuit. By signing and filing a pleading or motion, an attorney certifies the filing is not being presented primarily for an improper purpose, and that [t]he denials of factual contentions are warranted on the evidence[. At the time of its controlled implosion in December 2009 the building weighed 55,000 short tons (50,000t), and it was the tallest reinforced concrete structure to be demolished in that way. The lawsuit alleges that Spahi, who now owns a controlling interest and 40 units in the property, misappropriated $11 million out of $50 million FEMA paid Ocean Towers to make repairs after the 1994 Northridge earthquake.". [5][6] The proposed fixes would have the garage beams separated from the tower, and new columns to be placed under the beams. Though the developers initially vowed to fix the problem, studies discovered that repairs would have been too expensive, and plans for its demolition were announced in September 2009.
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