Fergins v. Amazon Web Services, Inc. et al, No. 3:2022cv01177 - Document 25 (S.D. Cal. 2023)
Court Description: ORDER granting 24 Joint Motion for Protective Order. Signed by Magistrate Judge William V. Gallo on 4/20/2023. (djk)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CHARLES ALBERT FERGINS, Case No.: 22-CV-1177-W-WVG Plaintiff, 12 13 v. 14 AMAZON WEB SERVICES, INC., 15 ORDER ON JOINT MOTION FOR ENTRY OF PROTECTIVE ORDER Defendant. 16 17 18 Before the Court is the Parties’ Joint Motion for Entry of Protective Order (“Joint 19 Motion”). (Doc. No. 24.) Having reviewed and considered the Joint Motion and 20 accompanying proposed order, the Court finds good cause underlies the Parties’ request 21 and that the Parties have complied with all applicable rules, including this Court’s Civil 22 Chambers Rule V: Stipulated Protective Order Provisions for Filing Documents under 23 Seal. Accordingly, the Court GRANTS the Parties’ Joint Motion in its entirety. Upon 24 issuance of this Order, the Court makes enforceable the following language, as agreed upon 25 by the Parties and reflected in their proposed order as lodged with this Court’s Chambers: 26 27 28 1 22-CV-1177-W-WVG 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be 5 warranted. Accordingly, Defendant Amazon Web Services, Inc. (“Amazon” or 6 “Defendant”) and Plaintiff Charles Albert Fergins (“Plaintiff”) (collectively, “the parties”), 7 by and through their counsel of record, hereby stipulate to and petition the court to enter the 8 following Stipulated Protective Order. 9 This Protective Order will provide protection for materials in which the Plaintiff or 10 third parties have a legally cognizable privacy interest, such as medical records and 11 employees’ personnel records. The parties acknowledge that this Order does not confer 12 blanket protections on all disclosures or responses to discovery and that the protection it 13 affords from public disclosure and use extends only to the limited information or items that 14 are entitled to confidential treatment under the applicable legal principles. The parties 15 further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective 16 Order does not entitle them to file confidential information under seal. 17 2. 18 19 20 DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it 21 is generated, stored or maintained) or tangible things that qualify for protection under 22 Federal Rule of Civil Procedure 26(c). 23 24 25 26 27 28 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other 2 22-CV-1177-W-WVG 1 things, testimony, transcripts, and tangible things), that are produced or generated in 2 disclosures or responses to discovery in this matter. 3 2.6 Expert: a person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 5 expert witness or as a consultant in this action. 6 7 2.7 Counsel does not include Outside Counsel of Record or any other outside counsel. 8 9 House Counsel: attorneys who are employees of a party to this action. House 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 10 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 11 action but are retained to represent or advise a party to this action and have appeared in this 12 action on behalf of that party or are affiliated with a law firm which has appeared on behalf 13 of that party. 14 2.10 Party: any party to this action, including all of its officers, directors, 15 employees, consultants, retained experts and investigators, and Outside Counsel of Record 16 (and their support staffs). 17 18 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 19 2.12 Professional Vendors: persons or entities that provide litigation support 20 services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, 21 and organizing, storing, or retrieving data in any form or medium) and their employees and 22 subcontractors. 23 24 2.13 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 25 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from 26 a Producing Party. 27 /// 28 /// 3 22-CV-1177-W-WVG 1 3. 2 SCOPE The types of information eligible for protection under this Stipulation and Order 3 include the following: Plaintiff’s medical records and Plaintiff’s personnel records 4 containing information which is private pursuant to Article 1 Section 1 of the California 5 Constitution. Courts have routinely recognized a legally cognizable privacy interest in 6 records of this nature. See e.g., Doe v. A. J. Boggs & Co., No. 118CV01464AWIBAM, 7 2019 WL 1517567, at *6 (E.D. Cal. Apr. 8, 2019) (citing Pettus v. Cole, 49 Cal. App. 4th 8 402, 440 (1996)) (ordering discovery of Plaintiffs’ medical information as subject to 9 protective order because “California law recognizes a constitutional right to privacy in an 10 individual’s medical history”); Buchanan v. Santos, No. 1:08-CV-01174-AWI, 2011 WL 11 2112475, at *5 (E.D. Cal. May 26, 2011) (ordering discovery of personnel records as 12 subject to protective order); Sanchez v. Cty. of Sacramento Sheriff’s Dep’t, No. 2:19-CV- 13 01545 MCE AC, 2020 WL 3542328, at *5 (E.D. Cal. June 30, 2020) (ordering discovery of 14 personnel records as subject to protective order). 15 The protections conferred by this Stipulation and Order cover not only Protected 16 Material (as defined above), but also (1) any information copied or extracted from 17 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 18 Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel 19 that might reveal Protected Material. However, the protections conferred by this Stipulation 20 and Order do not cover the following information: (a) any information that is in the public 21 domain at the time of disclosure to a Receiving Party or becomes part of the public domain 22 after its disclosure to a Receiving Party as a result of publication not involving a violation 23 of this Order, including becoming part of the public record through trial or otherwise; and 24 (b) any information known to the Receiving Party prior to the disclosure or obtained by the 25 Receiving Party after the disclosure from a source who obtained the information lawfully 26 and under no obligation of confidentiality to the Designating Party. Any use of Protected 27 Material at trial shall be governed by a separate agreement or order. 28 /// 4 22-CV-1177-W-WVG 1 4. DURATION 2 Even after final disposition of this litigation, the confidentiality obligations imposed 3 by this Order shall remain in effect until a Designating Party agrees otherwise in writing or 4 a court order otherwise directs. Final disposition shall be deemed to be the later of (1) 5 dismissal of all claims and defenses in this action, with or without prejudice; and (2) final 6 judgment herein after the completion and exhaustion of all appeals, rehearings, remands, 7 trials, or reviews of this action, including the time limits for filing any motions or 8 applications for extension of time pursuant to applicable law. 9 5. 10 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 11 Party or Non-Party that designates information or items for protection under this Order 12 must take care to limit any such designation to specific material that qualifies under the 13 appropriate standards. The Designating Party must designate for protection only those parts 14 of material, documents, items, or oral or written communications that qualify – so that 15 other portions of the material, documents, items, or communications for which protection is 16 not warranted are not swept unjustifiably within the ambit of this Order. 17 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 18 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 19 unnecessarily encumber or retard the case development process or to impose unnecessary 20 expenses and burdens on other parties) expose the Designating Party to sanctions. 21 If it comes to a Designating Party’s attention that information or items that it 22 designated for protection do not qualify for protection, that Designating Party must 23 promptly notify all other Parties that it is withdrawing the mistaken designation. 24 5.2 Manner and Timing of Designations. Except as otherwise provided in this 25 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 26 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 27 must be clearly so designated before the material is disclosed or produced. 28 /// 5 22-CV-1177-W-WVG 1 2 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic documents, but 3 excluding transcripts of depositions or other pretrial or trial proceedings), that the 4 Producing Party affix the legend “CONFIDENTIAL” to each page that contains protected 5 material. If only a portion or portions of the material on a page qualifies for protection, the 6 Producing Party also must clearly identify the protected portion(s) (e.g., by making 7 appropriate markings in the margins). 8 A Party or Non-Party that makes original documents or materials available for inspection 9 need not designate them for protection until after the inspecting Party has indicated which 10 material it would like copied and produced. During the inspection and before the 11 designation, all of the material made available for inspection shall be deemed 12 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 13 copied and produced, the Producing Party must determine which documents, or portions 14 thereof, qualify for protection under this Order. Then, before producing the specified 15 documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 16 that contains Protected Material. If only a portion or portions of the material on a page 17 qualifies for protection, the Producing Party also must clearly identify the protected 18 portion(s) (e.g., by making appropriate markings in the margins). 19 (b) for testimony given in deposition or in other pretrial or trial proceedings, that 20 the Designating Party identify on the record, before the close of the deposition, hearing, or 21 other proceeding, all protected testimony. 22 (c) for information produced in some form other than documentary and for any 23 other tangible items, that the Producing Party affix in a prominent place on the exterior of 24 the container or containers in which the information or item is stored the legend 25 “CONFIDENTIAL.” If only a portion or portions of the information or item warrant 26 protection, the Producing Party, to the extent practicable, shall identify the protected 27 portion(s). 28 6 22-CV-1177-W-WVG 1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 2 designate qualified information or items does not, standing alone, waive the Designating 3 Party’s right to secure protection under this Order for such material. Upon timely correction 4 of a designation, the Receiving Party must make reasonable efforts to assure that the 5 material is treated in accordance with the provisions of this Order. 6 6. 7 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 8 of confidentiality at any time. Unless a prompt challenge to a Designating Party’s 9 confidentiality designation is necessary to avoid foreseeable, substantial unfairness, 10 unnecessary economic burdens, or a significant disruption or delay of the litigation, a Party 11 does not waive its right to challenge a confidentiality designation by electing not to mount 12 a challenge promptly after the original designation is disclosed. 13 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 14 process by providing written notice of each designation it is challenging and describing the 15 basis for each challenge. To avoid ambiguity as to whether a challenge has been made, the 16 written notice must recite that the challenge to confidentiality is being made in accordance 17 with this specific paragraph of the Protective Order. The parties shall attempt to resolve 18 each challenge in good faith and must begin the process by conferring directly (in voice to 19 voice dialogue; other forms of communication are not sufficient) within 14 days of the date 20 of service of notice. In conferring, the Challenging Party must explain the basis for its 21 belief that the confidentiality designation was not proper and must give the Designating 22 Party an opportunity to review the designated material, to reconsider the circumstances, 23 and, if no change in designation is offered, to explain the basis for the chosen designation. 24 A Challenging Party may proceed to the next stage of the challenge process only if it has 25 engaged in this meet and confer process first or establishes that the Designating Party is 26 unwilling to participate in the meet and confer process in a timely manner. 27 /// 28 /// 7 22-CV-1177-W-WVG 1 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 2 intervention, the Designating Party shall file and serve a motion to retain confidentiality as 3 per applicable judicial standing orders and local rules within 21 days of the initial notice of 4 challenge or within 14 days of the parties agreeing that the meet and confer process will not 5 resolve their dispute, whichever is earlier. Each such motion must be accompanied by a 6 competent declaration affirming that the movant has complied with the meet and confer 7 requirements imposed in the preceding paragraph. Failure by the Designating Party to make 8 such a motion including the required declaration within 21 days (or 14 days, if applicable) 9 shall automatically waive the confidentiality designation for each challenged designation. 10 In addition, the Challenging Party may file a motion challenging a confidentiality 11 designation at any time if there is good cause for doing so, including a challenge to the 12 designation of a deposition transcript or any portions thereof. Any motion brought pursuant 13 to this provision must be accompanied by a competent declaration affirming that the 14 movant has complied with the meet and confer requirements imposed by the preceding 15 paragraph. 16 The burden of persuasion in any such challenge proceeding shall be on the 17 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to 18 harass or impose unnecessary expenses and burdens on other parties) may expose the 19 Challenging Party to sanctions. Unless the Designating Party has waived the confidentiality 20 designation by failing to file a motion to retain confidentiality as described above, all 21 parties shall continue to afford the material in question the level of protection to which it is 22 entitled under the Producing Party’s designation until the court rules on the challenge. 23 7. 24 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 25 disclosed or produced by another Party or by a Non-Party in connection with this case only 26 for prosecuting, defending, or attempting to settle this litigation. Such Protected Material 27 may be disclosed only to the categories of persons and under the conditions described in 28 8 22-CV-1177-W-WVG 1 this Order. When the litigation has been terminated, a Receiving Party must comply with 2 the provisions of section 13 below (FINAL DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a location 4 and in a secure manner that ensures that access is limited to the persons authorized under 5 this Order. 6 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 7.2 7 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 8 may disclose any information or item designated “CONFIDENTIAL” only to: 9 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 10 employees of said Outside Counsel of Record to whom it is reasonably necessary to 11 disclose the information for this litigation and who have signed the “Acknowledgment and 12 Agreement to Be Bound” that is attached hereto as Exhibit A; 13 (b) the officers, directors, and employees (including House Counsel) of the 14 Receiving Party to whom disclosure is reasonably necessary for this litigation and who 15 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure 17 is reasonably necessary for this litigation and who have signed the “Acknowledgment and 18 Agreement to Be Bound” (Exhibit A); 19 (d) the court and its personnel; 20 (e) court reporters and their staff, professional jury or trial consultants, mock 21 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this 22 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 23 (Exhibit A); 24 (f) during their depositions, witnesses in the action to whom disclosure is 25 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be 26 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the 27 court. Pages of transcribed deposition testimony or exhibits to depositions that reveal 28 9 22-CV-1177-W-WVG 1 Protected Material must be separately bound by the court reporter and may not be disclosed 2 to anyone except as permitted under this Stipulated Protective Order. 3 (g) the author or recipient of a document containing the information or a 4 custodian or other person who otherwise possessed or knew the information. 5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 6 OTHER LITIGATION 7 If a Party is served with a subpoena or a court order issued in other litigation that 8 compels disclosure of any information or items designated in this action as 9 “CONFIDENTIAL,” that Party must: 10 11 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 12 (b) promptly notify in writing the party who caused the subpoena or order to 13 issue in the other litigation that some or all of the material covered by the subpoena or 14 order is subject to this Protective Order. Such notification shall include a copy of this 15 Stipulated Protective Order; and 16 17 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 18 If the Designating Party timely seeks a protective order, the Party served with the 19 subpoena or court order shall not produce any information designated in this action as 20 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 21 issued, unless the Party has obtained the Designating Party’s permission. The Designating 22 Party shall bear the burden and expense of seeking protection in that court of its 23 confidential material – and nothing in these provisions should be construed as authorizing 24 or encouraging a Receiving Party in this action to disobey a lawful directive from another 25 court. 26 /// 27 /// 28 /// 10 22-CV-1177-W-WVG 1 9. 2 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non- 4 Party in this action and designated as “CONFIDENTIAL.” Such information produced by 5 Non-Parties in connection with this litigation is protected by the remedies and relief 6 provided by this Order. Nothing in these provisions should be construed as prohibiting a 7 Non-Party from seeking additional protections. 8 9 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s confidential information in its possession, and the Party is subject to an 10 agreement with the Non-Party not to produce the Non-Party’s confidential information, 11 then the Party shall: 12 (1) promptly notify in writing the Requesting Party and the Non-Party that 13 some or all of the information requested is subject to a confidentiality agreement with a 14 Non-Party; 15 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 16 Order in this litigation, the relevant discovery request(s), and a reasonably specific 17 description of the information requested; and 18 (3) make the information requested available for inspection by the Non-Party. 19 (c) If the Non-Party fails to object or seek a protective order from this court 20 within 14 days of receiving the notice and accompanying information, the Receiving Party 21 may produce the Non-Party’s confidential information responsive to the discovery request. 22 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 23 information in its possession or control that is subject to the confidentiality agreement with 24 the Non-Party before a determination by the court. Absent a court order to the contrary, the 25 Non-Party shall bear the burden and expense of seeking protection in this court of its 26 Protected Material. 27 /// 28 /// 11 22-CV-1177-W-WVG 1 10. 2 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the 5 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 6 unauthorized copies of the Protected Material, (c) inform the person or persons to whom 7 unauthorized disclosures were made of all the terms of this Order, and (d) request such 8 person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is 9 attached hereto as Exhibit A. 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 11 PROTECTED 12 When a Producing Party gives notice to Receiving Parties that certain inadvertently MATERIAL 13 produced material is subject to a claim of privilege or other protection, the obligations of 14 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 15 This provision is not intended to modify whatever procedure may be established in an e- 16 discovery order that provides for production without prior privilege review. Pursuant to 17 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the 18 effect of disclosure of a communication or information covered by the attorney-client 19 privilege or work product protection, the parties may incorporate their agreement in the 20 stipulated protective order submitted to the court. 21 12. 22 23 24 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 25 Order no Party waives any right it otherwise would have to object to disclosing or 26 producing any information or item on any ground not addressed in this Stipulated 27 Protective Order. Similarly, no Party waives any right to object on any ground to use in 28 evidence of any of the material covered by this Protective Order. 12 22-CV-1177-W-WVG 1 12.3 Filing Protected Material. No document shall be filed under seal unless 2 counsel secures a court order allowing the filing of a document under seal. An application 3 to file a document under seal shall be served on opposing counsel, and on the person or 4 entity that has custody and control of the document, if different from opposing counsel. If 5 opposing counsel, or the person or entity who has custody and control of the document, 6 wishes to oppose the application, he/she must contact the chambers of the judge who will 7 rule on the application, to notify the judge’s staff that an opposition to the application will 8 be filed. A Party that seeks to file under seal any Protected Material must comply with 9 Civil Local Rule 2.2. 10 13. 11 FINAL DISPOSITION Within 60 days after the final disposition of this action, as defined in paragraph 4, 12 each Receiving Party must return all Protected Material to the Producing Party or destroy 13 such material. As used in this subdivision, “all Protected Material” includes all copies, 14 abstracts, compilations, summaries, and any other format reproducing or capturing any of 15 the Protected Material. Whether the Protected Material is returned or destroyed, the 16 Receiving Party must submit a written certification to the Producing Party (and, if not the 17 same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 18 (by category, where appropriate) all the Protected Material that was returned or destroyed 19 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 20 compilations, summaries or any other format reproducing or capturing any of the Protected 21 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of 22 all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 23 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 24 consultant and expert work product, even if such materials contain Protected Material. Any 25 /// 26 /// 27 /// 28 13 22-CV-1177-W-WVG 1 Such archival copies that contain or constitute Protected Material remain subject to this 2 Protective Order as set forth in Section 4 (DURATION). 3 4 IT IS SO ORDERED. DATED: April 20, 2023 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 22-CV-1177-W-WVG 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ 4 [print or type full address], declare under penalty of perjury that I have read in its entirety 5 and understand the Stipulated Protective Order that was issued by the United States District 6 Court for the Southern District of California on [date] in the case of Charles Albert Fergins 7 v. Amazon Web Services, Inc., Case No. 22-CV-1177-JLS-WVG. I agree to comply with 8 and to be bound by all the terms of this Stipulated Protective Order and I understand and 9 acknowledge that failure to so comply could expose me to sanctions and punishment in the 10 nature of contempt. I solemnly promise that I will not disclose in any manner any 11 information or item that is subject to this Stipulated Protective Order to any person or entity 12 except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Southern District of California for the purpose of enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of this 16 action. 17 I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and telephone 19 number] as my California agent for service of process in connection with this action or any 20 proceedings related to enforcement of this Stipulated Protective Order. Date: ______________________________________ 21 22 City and State where sworn and signed: _________________________________ 23 24 25 Printed name: _______________________________ Signature: __________________________________ 26 27 28 15 22-CV-1177-W-WVG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 22-CV-1177-W-WVG
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