Trulove v. D'Amico et al, No. 4:2016cv00050 - Document 387 (N.D. Cal. 2018)

Court Description: ORDER GRANTING IN PART AND DENYING IN PART ADMINISTRATIVE MOTIONS TO SEAL; GRANTING IN PART AND DENYING IN PART MOTION TO SEAL AT TRIAL by Judge Yvonne Gonzalez Rogers granting in part and denying in part 324 Administrative Motion to File Under Seal; granting in part and denying in part 325 Administrative Motion to File Under Seal; granting in part and denying in part 339 Administrative Motion to File Under Seal; granting in part and denying in part 340 Administrative Motion to Fi le Under Seal; granting in part and denying in part 361 Administrative Motion to File Under Seal; granting in part and denying in part 364 Administrative Motion to File Under Seal; granting in part and denying in part 365 Administrative Moti on to File Under Seal; granting in part and denying in part 370 Administrative Motion to File Under Seal; granting in part and denying in part 371 Administrative Motion to File Under Seal; granting in part and denying in part 377 Administrat ive Motion to File Under Seal; granting in part and denying in part 170 Administrative Motion to File Under Seal; granting in part and denying in part 175 Administrative Motion to File Under Seal; granting in part and denying in part 176 Adm inistrative Motion to File Under Seal; granting in part and denying in part 177 Administrative Motion to File Under Seal; granting in part and denying in part 198 Administrative Motion to File Under Seal; granting in part and denying in part [2 07] Administrative Motion to File Under Seal; granting in part and denying in part 211 Administrative Motion to File Under Seal; granting in part and denying in part 264 Administrative Motion to File Under Seal; granting in part and denying in part 265 Administrative Motion to File Under Seal; granting in part and denying in part 266 Administrative Motion to File Under Seal; granting in part and denying in part 267 Administrative Motion to File Under Seal; granting in part and de nying in part 277 Administrative Motion to File Under Seal; granting in part and denying in part 294 Administrative Motion to File Under Seal; granting in part and denying in part 307 Administrative Motion to File Under Seal; granting in par t and denying in part 308 Administrative Motion to File Under Seal; granting in part and denying in part 309 Administrative Motion to File Under Seal; granting in part and denying in part 310 Administrative Motion to File Under Seal; grantin g in part and denying in part 311 Administrative Motion to File Under Seal; granting in part and denying in part 314 Administrative Motion to File Under Seal; granting in part and denying in part 320 Administrative Motion to File Under Seal; granting in part and denying in part 322 Administrative Motion to File Under Seal. (fs, COURT STAFF) (Filed on 2/23/2018)
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Trulove v. D'Amico et al Doc. 387 1 2 3 4 5 UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 JAMAL RASHID TRULOVE, Plaintiff, 9 10 11 12 v. MAUREEN D’AMICO, ET AL. Defendants. 13 14 ) ) ) ) ) ) ) ) ) ) ) ) Case No. 16-cv-50 YGR ORDER GRANTING IN PART AND DENYING IN PART ADMINISTRATIVE MOTIONS TO SEAL; GRANTING IN PART AND DENYING IN PART MOTION TO SEAL AT TRIAL Dkt. Nos. 170, 175, 176, 177, 198, 207, 211, 264, 265, 266, 267, 277, 294, 307, 308, 309, 310, 311, 314, 320, 322, 324, 325, 339, 340, 361, 364, 365, 370, 371, 377 Pending before the Court in this matter are the motion of plaintiff to seal limited portions 15 of witness testimony at trial (Dkt. No. 277) and the administrative motions to file under seal 16 (hereinafter “AMFUS”) documents filed in connection with the parties’ motions to strike expert 17 declarations, briefing and evidentiary submissions in support of and in opposition to defendants’ 18 motion for summary judgment, and pre-trial filings (Dkt. Nos. 170, 175, 176, 177, 198, 207, 211, 19 264, 265, 266, 267, 294, 307, 308, 309, 310, 311, 314, 320, 322, 324, 325, 339, 340, 361, 364, 20 365, 370, 371, 377). 21 A motion to seal documents that are part of the judicial record is governed by the 22 “compelling reasons” standard. Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 678 (9th Cir. 23 2010). A “party seeking to seal judicial records must show that ‘compelling reasons supported 24 25 26 by specific factual findings ... outweigh the general history of access and the public policies favoring disclosure.’” Id. (quoting Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006)). The trial court must weigh relevant factors including the “public interest in understanding the judicial process and whether disclosure of the material could result 27 in improper use of the material for scandalous or libelous purposes or infringement upon trade 28 Dockets.Justia.com 1 2 3 secrets.” Id. at 679 n. 6 (quoting Hagestad v. Tragesser, 49 F.3d 1430, 1434 (9th Cir.1995)). Given the importance of the competing interests at stake, any sealing order must be narrowly tailored. Civ. L.R. 79-5 (a). 4 With respect to the motion to seal witness testimony at trial, the motion itself is 5 GRANTED IN PART AND DENIED IN PART. The real name of the person identified in this Court’s 6 Order of December 12, 2016 (Dkt. No. 101) shall be sealed and hereinafter referred to as “John 7 Doe.” John Doe, if called to testify, shall be sworn by his true name during a sealed session and 8 outside the presence of the jury. Thereafter the parties shall refer to him as John Doe since his 9 actual identity is not relevant to this case. Second, the Court shall inquire of the jury pool orally 10 at voir dire whether any of them know them this witness by his real name. The remainder of the 11 requests in the motion to seal witness testimony at trial are DENIED. The public interest in an 12 open judicial process requires that the Court narrowly limit matters that are sealed. The Court 13 14 15 16 does not find closing or altering the courtroom proceedings beyond these steps to be warranted. The requests to seal the motion, opposition, and reply to the motion are GRANTED as to the entirety of the documents under the lower “good cause” standard applicable to non-dispositive matters. (Dkt. Nos. 277, 294, 340.) As to the administrative motions to file under seal (“AMFUS”), having carefully 17 reviewed the submissions and finding compelling reasons for their sealing, the Court ORDERS 18 19 20 21 that they are GRANTED IN PART, as stated below, for the specified categories of information, and for the filings associated with these motions and pre-trial submissions only, unless otherwise stated: 1. the Court will permit redaction of the real name of John Doe and any photographs 22 of John Doe. However, sealing is not granted as to any nicknames or more general discussion of 23 John Doe. 24 25 26 27 2. sealing is granted as to any crime scene or autopsy photographs covered by California Code of Civil Procedure section 129.; 3. sealing is granted as to any juvenile criminal records, for all purposes, absent further order of the Court; 28 2 1 2 3 4. sealing is granted as to the medical history of witness Latisha Meadows as stated in her deposition; and 5. sealing is granted as to the medical history and records of plaintiff stated in the 4 expert reports of Drs. Berg and Kriegler, submitted in connection with plaintiff’s motion to 5 exclude Dr. Berg’s testimony. 6 The motions are otherwise DENIED for failure to establish compelling reasons to seal the 7 information. The matters in these filings go to the heart of the merits of the case. They will not 8 be shielded from public scrutiny. The Court sets forth in detail the rulings on the pending 9 motions below: 10 11 12 13 14 15 16 17 Defendants’ AMFUS Dkt. No. 170 Defendants’ Daubert Motions Document or Portion of Document South to be Sealed Page 221 of Plaintiff’s Expert James Trainum’s Deposition Evidence Offered in Support of Sealing 12/12/16 Order, DE 101 Order Portions of Plaintiff’s Expert James Trainum’s Expert Report: Page 3, paragraph 10; 15, paragraph 67; page 19, paragraph 83; page 22, paragraph 94; and page 23, paragraph 96 12/12/16 Order, DE 101 GRANTED IN PART as to John Doe name and/or photograph only Section J of Plaintiff’s Expert James Trainum’s Expert Report, Pages 32–38, paragraphs 124-146 12/12/16 Order, DE 101 GRANTED IN PART as to John Doe name and/or photograph only DENIED, p. 221 is not included in excerpt submitted 18 19 20 21 Plaintiff’s AMFUS Dkt. No. 175 Plaintiffs’ Motion to Exclude Fries 22 23 24 25 26 27 Document or Portion of Document South to be Sealed Evidence Offered in Support of Sealing Dr. Judy Melinek expert California Code of Civil GRANTED report, pictures on pages 10, Procedure (“CCP”) § 129 12, 17, 19, 27. Craig Fries expert report, CCP § 129 GRANTED pictures on pages 7, 9, 11, 12, 42; unnumbered pages in Exhibits: D, F, H, I , M, HH 28 3 Order 1 2 3 4 5 6 7 8 James Norris expert report, CCP § 129 pictures on pages 10, 11, 22. GRANTED Dr. Dan Kruger expert report, CCP § 129 pictures on pages 14, 51, 54, 56. GRANTED Dr. Judy Melinek rebuttal CCP § 129 expert report, pictures on pages 7, 8. Exhibit of Priscilla Lualemaga CCP § 129 drawings and photos with markings on page 4 GRANTED GRANTED 9 10 11 12 Plaintiff’s AMFUS Dkt Nos. 176 Plaintiff’s Motion to Exclude Berg Document or Portion of Document to be Sealed Expert Report of Berg Evidence Offered in Support of Sealing Decl. of Jael HumphreySkomer Dkt. No. 176-1 Order Expert Report of Dr. Julie A Kriegler Decl. of Jael HumphreySkomer Dkt. No. 176-1 GRANTED GRANTED 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff’s AMFUS Dkt Nos. 177 Plaintiff’s Motion to Exclude Unretained Experts Document or Portion of Document to be Sealed Emails between Plaintiff’s counsel and Defendants’ counsel Deposition of Chief Toney Chaplin, September 8, 2017, page 67 Evidence Offered in Support of Sealing Decl. of Jael HumphreySkomer Dkt. No. 176-1 12/12/16 Order, DE 101 Decl. of Jael HumphreySkomer Dkt. No. 176-1 12/12/16 Order, DE 101 GRANTED IN PART as to John Doe name and/or photograph only GRANTED IN PART as to John Doe name and/or photograph only Emails from Margaret Baumgartner to counsel for Plaintiff, September 22 & 28, 2017 Decl. of Jael HumphreySkomer Dkt. No. 176-1 12/12/16 Order, DE 101 GRANTED IN PART as to John Doe name and/or photograph only Email from Anna Benvenutti Hoffman to counsel for Defendants, August 10, 2017 Decl. of Jael HumphreySkomer Dkt. No. 176-1 12/12/16 Order, DE 101 GRANTED IN PART as to John Doe name and/or photograph only 27 28 4 Order 1 2 3 4 5 6 7 8 9 10 11 Defendants’AMFUS Dkt. No. 198 Opposition to Plaintiff’s Daubert Motions Document or Portion of Document to be Sealed Exhibit L copy of the excerpts of the confidential deposition of Joshua Bradley Exhibit GG copy of excerpts of the confidential deposition transcript of Chief Toney Chaplin Evidence Offered in Support of Sealing Designated by Plaintiff’s Order Designated by Plaintiff’s GRANTED IN PART as to John Doe name and/or photograph only DENIED Defendants’ AMFUS Dkt. No. 207 In Support of Reply to Defendants’ Daubert Motions Document or Portion of Document to be Sealed Exhibit II, copy of the excerpts of the confidential deposition of Linda Allen. Evidence Offered in Support of Sealing Plaintiff designated this as confidential; subsequently withdrawn Order DENIED as moot 12 13 14 15 16 Defendants’ AMFUS Dkt. No. 211 Reply Brief to Defendants’ Daubert Motions Document or Portion of Document to be Sealed Defendants’ Reply Brief to Defendants’ Daubert Motions 17 18 19 20 21 22 23 24 25 Evidence Offered in Support of Sealing Plaintiff designated this as confidential; subsequently withdrawn DENIED as moot Defendants’ AMFUS In Support of Summary Judgment (Dkt Nos. 264, 265, 266, 267) Document or Portion of Evidence Offered in Support Document to be Sealed of Sealing Dkt. No. 265-5 and Dkt. No. 12/12/16 Order, Dkt. No. 101 265-6, Exhibit 20 to Request for Judicial Notice Dkt. No. 266-3, Exhibit A – 12/12/16 Order, Dkt. No. 101 Allen Depo Dkt. No. 266-5, Exhibit C – 12/12/16 Order, Dkt. No. 101 Bradley Depo Dkt. No. 266-7, Exhibit D – D’Amico Depo 12/12/16 Order, Dkt. No. 101 Dkt. No. 266-13, Exhibit G – Chron 12/12/16 Order, Dkt. No. 101 26 27 Order 28 5 Order GRANTED IN PART as to John Doe name and/or photograph only DENIED as moot GRANTED IN PART as to John Doe name and/or photograph only GRANTED IN PART as to John Doe name and/or photograph only GRANTED IN PART as to John Doe name and/or photograph only 1 2 3 Dkt. No. 266-21, Exhibit P – Johnson Depo 12/12/16 Order, Dkt. No. 101 Dkt. No. 266-23, Exhibit R – Malo Kuka 12/12/16 Order, Dkt. No. 101 Dkt. No. 266-27, Exhibit HH – David Trulove Depo 12/12/16 Order, Dkt. No. 101 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Dkt. No. 267-5, Portions of the 12/12/16 Order, Dkt. No. 101 declaration of Maureen D’Amico Dkt. No. 267-3, Portions of the 12/12/16 Order, Dkt. No. 101 declaration of Michael Johnson Dkt. No. 264-3, Portions of the Memorandum of Points and Authorities Dkt. No. 264-5, Portions of the Separate Statement of Undisputed Facts 12/12/16 Order, Dkt. No. 101 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to John Doe name and/or photograph only GRANTED IN PART as to John Doe name and/or photograph only GRANTED IN PART as to John Doe name and/or photograph only GRANTED IN PART as to John Doe name and/or photograph only GRANTED IN PART as to John Doe name and/or photograph only GRANTED IN PART as to John Doe name and/or photograph only GRANTED IN PART as to John Doe name and/or photograph only Plaintiff’s AMFUS Dkt. No. 277 re: Motion to Seal At Trial Document or Portion of Document to be Sealed Dkt. No. 277 Evidence Offered in Support of Sealing 12/12/16 Order, Dkt. No. 101 Order GRANTED as to entirety Defendants’ AMFUS Dkt. No. 294 re: Oppo to Motion to Seal At Trial 18 19 20 21 22 23 24 Document or Portion of Document to be Sealed Dkt. No. 294-2 Dkt. No. 294-3 Dkt. No. 294-4 Dkt. No. 294-5 Dkt. No. 294-6 Dkt. No. 294-7 Dkt. No. 294-8 Evidence Offered in Support of Sealing 12/12/16 Order, Dkt. No. 101 12/12/16 Order, Dkt. No. 101 12/12/16 Order, Dkt. No. 101 12/12/16 Order, Dkt. No. 101 12/12/16 Order, Dkt. No. 101 12/12/16 Order, Dkt. No. 101 12/12/16 Order, Dkt. No. 101 25 26 27 28 6 Order GRANTED as to entirety GRANTED as to entirety GRANTED as to entirety GRANTED as to entirety GRANTED as to entirety GRANTED as to entirety GRANTED as to entirety 1 2 3 4 5 6 7 8 9 10 Plaintiff’s AMFUS In Support of Opposition to Summary Judgment (Dkt Nos. 307, 308, 309, 310, 311) Document or Portion of Document Sought to be Sealed All redacted portions of Plaintiff’s Response in Opposition to Motion for Summary Judgment All redacted portions of Plaintiff’s Responsive Separate Statement of Facts in Opposition to Defendants’ Motion for Summary Judgment Plaintiff’s Exhibit 35, 39, 46 Evidence Offered in Support of Sealing Philip Decl. in Supp. of Mot. to Seal ¶ 3 Order GRANTED IN PART as to John Doe name and/or photograph only Philip Decl. in Supp. of Mot. to Seal ¶ 3 GRANTED IN PART as to John Doe name and/or photograph only Philip Decl. in Supp. of Mot. to Seal ¶ 3 GRANTED IN PART as to John Doe name and/or photograph only GRANTED 11 Plaintiff’s Exh. 24, 32, 33, 24 CCP § 129 Plaintiff’s Exh. 4, 6, 7, 9, 10, 11, 15, 16, 17, 19, 21, 22, 26, 42, 43, 45, 49, 50, 55, 56, 57, 62, 63, 64, 66, 67, 68, 69, 71, 72, 75, 76, 77, 78, 79, 80, 81, 82, 84, 85, 87, 88, 90, 91, 92, 93, 96, 98 Defendants designated 12 13 14 15 16 (NOTE: no declaration from defendants filed in support) 17 18 19 20 21 22 DENIED except to the extent that the John Doe name and/or photograph appears in documents. No declaration in support of sealing anything additional was filed by the designating party. Plaintiff’s AMFUS Dkt. No. 314 In Support of Exh. 8 In Opposition to Summary Judgment Document or Portion of Evidence Offered in Support Document Sought to be Sealed of Sealing Plaintiff’s Exh. 8 Defendants designated (NOTE: no declaration from defendants filed in support) 23 24 25 26 27 28 7 Order DENIED except to the extent that the John Doe name and/or photograph appears in documents. No declaration in support of sealing anything additional was filed by the designating party. 1 2 3 Plaintiff’s AMFUS Dkt. No. 320 re Plaintiff’s MIL 2 Document or Portion of Evidence Offered in Support Document Sought to be Sealed of Sealing Portions of MIL #2 12/12/16 Order, Dkt. No. 101 4 5 6 Order DENIED – portions sought to be redacted do not include name or photograph of John Doe Plaintiff’s AMFUS Dkt. No. 322 re Plaintiff’s MIL 3 Alleged Bad Acts of Plaintiff 7 8 9 Document or Portion of Document Sought to be Sealed Plaintiff’s Motion in Limine #3, Exhibit A, Exhibit B 10 Evidence Offered in Support of Sealing Philip Decl. Dkt. No. 322-1: Contains sensitive material that should not be accessible to the public Order DENIED – insufficient support to seal 11 12 13 14 15 Plaintiff’s AMFUS Dkt. No. 324 re Plaintiff’s MIL 5 Alleged Bad Acts of Plaintiffs’ Witnesses Document or Portion of Document Sought to be Sealed Plaintiff’s Motion in Limine #5 16 17 18 19 20 21 22 23 24 25 26 27 28 Evidence Offered in Support of Sealing Philip Decl. Dkt. No. 324-1: Contains sensitive material that should not be accessible to the public Order DENIED – insufficient support to seal Plaintiff’s AMFUS Dkt. No. 325 re Plaintiff’s MIL 6 to Ask Leading Questions of Adverse Witnesses Document or Portion of Evidence Offered in Support Document Sought to be Sealed of Sealing Portions of Plaintiff’s Motion 12/12/16 Order, Dkt. No. 101 in Limine # 6 Order Exhibit C to Plaintiff’s Motion in Limine #6 GRANTED 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to John Doe name only Defendants’ AMFUS Dkt. No. 339 In Support of Defendants’ MILs Document or Portion of Document Sought to be Sealed Baumgartner Decl. Exh C (D’Amico) and E (Johnson) to Defendants’ Motions In Limine Evidence Offered in Support of Sealing Baumgartner Decl.: marked as confidential, contain confidential information 8 Order DENIED – insufficient support to seal 1 2 3 4 5 6 7 8 9 10 Plaintiff’s AMFUS Dkt. No. 340 re Plaintiff’s Reply to Sealing at Trial Document or Portion of Evidence Offered in Support Document Sought to be Sealed of Sealing Plaintiff’s Reply in Support of 12/12/16 Order, Dkt. No. 101 Motion to Seal Limited Portions of Witness Testimony at Trial and Exhibits (entirety) 13 14 15 16 17 GRANTED in its entirety. Defendants’ AMFUS Dkt. No. 361 re Defendants’ Oppo to Plaintiff’s MIL No. 3 Document or Portion of Document Sought to be Sealed Defendants’ Opposition to Plaintiff’s Motion in Limine Number Three 11 12 Order Exhibit D to the Declaration of Margaret W. Baumgartner in Support of Defendants’ Opposition to Plaintiff’s Motion in Limine Number Three Defendants’ Opposition to Plaintiff’s Motion in Limine Number Five Defendants’ Opposition to Plaintiff’s Motion in Limine Number Six Evidence Offered in Support of Sealing Plaintiff’s designation and 12/12/16 Order, Dkt. No. 101; Plaintiff’s designation and12/12/16 Order, Dkt. No. 101 Ruling 12/12/16 Order, Dkt. No. 101 GRANT 12/12/16 Order, Dkt. No. 101 GRANT GRANT GRANT 18 Plaintiff’s AMFUS Dkt No. 364 re Declaration of Dr. Dale Watson 19 20 21 Document or Portion of Evidence Offered in Support Document South to be Sealed of Sealing Expert Declaration of Dr. Protective Order, Dkt. No. 57 GRANT Dale Watson contains medical information Order 22 23 24 25 26 27 Plaintiff’s AMFUS Dkt. No. 365 re Proposed Trial Witness List Document or Portion of Document Sought to be Sealed Redacted portions of Plaintiff and Defendants’ Proposed Trial Exhibit Lists at Pages 4, 10 Evidence Offered in Support of Sealing 12/12/16 Order, Dkt. No. 101 28 9 Order GRANT 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 Defendants’ AMFUS Dkt. No. 370 re: Reply to Motion for Summary Judgment Document or Portion of Document Sought to be Sealed Portions of Reply Memorandum of Points and Authorities in Support of Defendants’ Motion for Summary Judgment. Supplemental Baumgartner Declaration Ex. KK, portions of the deposition of Michael Johnson. Supplemental Baumgartner Declaration Ex. MM, portions of the deposition of Maureen D’Amico. Supplemental Baumgartner Declaration Ex. NN, portions of the deposition of Linda Allen. Supplemental Baumgartner Declaration Ex. QQ, portions of the deposition of Joshua Bradley. Evidence Offered in Support of Sealing Plaintiff’s designation and 12/12/16 Order, Dkt. No. 101 Ruling Plaintiff’s designation and 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to John Doe name and/or photograph only Plaintiff’s designation and 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to John Doe name and/or photograph only Plaintiff’s designation and 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to John Doe name and/or photograph only Plaintiff’s designation and 12/12/16 Order, Dkt. No. 101 GRANTED GRANTED Plaintiff’s AMFUS Dkt. No. 371 re: Exhibit List Document or Portion of Document Sought to be Sealed Redacted portions of Plaintiff and Defendants’ Proposed Trial Exhibit Lists at Pages 4, 10 Evidence Offered in Support of Sealing Order 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to John Doe name and/or photograph only Plaintiff’s AMFUS Dkt. No. 377 re: Portions of Meadows Deposition Document or Portion of Evidence Offered in Support Document to be Sealed of Sealing Ex. B Protective Orders, Dkt. No. (Pages 11, 58–147, of Latisha 57 because portions are Meadows’ deposition) medical information, and under 12/12/16 Order, Dkt. No. 101 28 10 Order GRANTED as to page 11; GRANTED IN PART with respect to page 58 and index; may only redact John Doe’s name DENIED as to pages 59-147. 1 2 3 4 Accordingly, only the above documents or specified portions thereof shall remain under seal. All documents, or portions thereof, as to which a sealing request was withdrawn or sealing was denied shall be filed publically by the submitting party within seven (7) days of entry of this Order. See Civ. L.R. 79-5(f). 5 6 7 8 9 This terminates Docket Nos. 170, 175, 176, 177, 198, 207, 211, 264, 265, 266, 267, 277, 294, 307, 308, 309, 310, 311, 314, 320, 322, 324, 325, 339, 340, 361, 364, 365, 370, 371, and 377. IT IS SO ORDERED. Dated: February 23, 2018 ____________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11