Cooper et al v. Clark County Nevada et al, No. 2:2010cv00763 - Document 65 (D. Nev. 2013)

Court Description: PROTECTIVE ORDER Granting 64 Joint Stipulated Protective Order. Signed by Magistrate Judge George Foley, Jr on 11/19/2013. (Copies have been distributed pursuant to the NEF - EDS)
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Cooper et al v. Clark County Nevada et al Doc. 65 Case 2:10-cv-00763-KJD-GWF Document 64 Filed 11/18/13 Page 1 of 12 1 2 3 4 5 STEVEN B. WOLFSON District Attorney CIVIL DIVISION State Bar No. 1565 By: ROBERT T. WARHOLA Deputy District Attorney Nevada State Bar No. 4410 500 South Grand Central Parkway P.O. Box 552215 Las Vegas, Nevada 89155-2215 Tel. (702) 455-4761 Fax. (702) 382-5178 E-mail: ROBERT.WARHOLA@ccdanv.com Attorneys for Clark County Defendants LISA A. RASMUSSEN, ESQ. Nevada Bar No. 007491 LAW OFFICE OF LISA RASMUSSEN, P.C. 601 South 10th Street, Suite #100 Las Vegas, NV 89101 Tel. (702) 471-1436 Fax. (702) 489-6619 Email: Lisa@LRasmussenLaw.com Attorneys for Plaintiff 6 7 LAW OFFICE OF LISA RASMUSSEN 601 SOUTH TENTH STREET, #100 LAS VEGAS, NEVADA 89101 PH: (702) 471-1436 · FX: (702) 489-6619 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 DAVID COOPER, ET AL., 12 13 14 Case No.: 2:10-cv-00763-KJD-GWF PLAINTIFF, JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER VS. CLARK COUNTY, NEVADA, ET AL., 15 DEFENDANTS. 16 17 18 1. 19 Disclosure and discovery activity in this action are likely to involve production of 20 confidential, proprietary, or private information for which special protection from public 21 disclosure and from use for any purpose other than prosecuting this litigation would be 22 warranted. Accordingly, the parties hereby stipulate to and “petition the court to enter the 23 following stipulated protective order (“Stipulated Protective Order”). 24 acknowledge that this Stipulated Protective Order does not confer blanket protections on all 25 disclosures or responses to discovery and that the protection this Stipulated Protective Order 26 affords extends only to the limited information or items that are entitled under the applicable 27 legal principles to treatment as confidential. The Parties further acknowledge, as set forth in 28 section 10 below, that this Stipulated Protective Order creates no entitlement to file PURPOSE AND LIMITATIONS The Parties 1 Dockets.Justia.com Case 2:10-cv-00763-KJD-GWF Document 64 Filed 11/18/13 Page 2 of 12 1 confidential information under seal; Civil Local Rule 10-5 sets forth the procedures that 2 must be followed and reflects the standards that will be applied when a Party seeks 3 permission from the court to file material under seal. 4 5 6 7 2. DEFINITIONS 2.1 Party: any party to this action, including, without limitation, all of such party’s officers, directors, employees, consultants, Experts, and Outside Counsel. 2.2 Disclosure or Discovery Material: all items or information, regardless of LAW OFFICE OF LISA RASMUSSEN 601 SOUTH TENTH STREET, #100 LAS VEGAS, NEVADA 89101 PH: (702) 471-1436 · FX: (702) 489-6619 8 the medium or manner generated, stored, or maintained (including, among other things, 9 testimony, transcripts, or tangible things) that are produced or generated in disclosures or 10 11 responses to discovery in this matter. 2.3 “Confidential” Information or Items: all items or information, regardless 12 of the medium or manner generated, stored or maintained or tangible things that qualify for 13 protection under standards developed under Fed. R. Civ. P. 26(c) and in accordance with this 14 Stipulated Protective Order, including, without limitation, after Counsel first makes a good 15 faith determination that protection is warranted as set forth more fully in section 5.1. 16 17 18 19 20 21 2.4 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 2.5 Producing Party: a Party or non-Party that produces Disclosure or Discovery Material in this action. 2.6 Designating Party: a Party or non-Party that designates any Disclosure or Discovery Material as “Confidential.” 22 2.7 23 designated as “Confidential.” 24 2.8 25 Protected Material: any Disclosure or Discovery Material that is Outside Counsel: attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action. 26 2.9 House Counsel: attorneys who are employees of a Party. 27 2.10 Counsel: (without qualifier): Outside Counsel and House Counsel, as 28 well as employees and support staff retained by such Outside Counsel or House Counsel. 2 Case 2:10-cv-00763-KJD-GWF Document 64 Filed 11/18/13 Page 3 of 12 2.11 1 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or a Party’s Counsel to serve as 3 an expert witness or as a consultant in this action, who is not a past or a current employee of 4 a Party or of a Party’s competitor, and who, at the time of retention, is not anticipated to 5 become an employee of a Party or a Party’s competitor. This definition includes, without 6 limitation, a professional jury or trial consultant retained in connection with this litigation. 2.12 7 Professional Vendors: persons or entities that provide litigation support LAW OFFICE OF LISA RASMUSSEN 601 SOUTH TENTH STREET, #100 LAS VEGAS, NEVADA 89101 PH: (702) 471-1436 · FX: (702) 489-6619 8 services (including, without limitation: photocopying; videotaping; translating; preparing 9 exhibits or demonstrations; and organizing, storing, retrieving data in any form or medium) 10 and such persons’ or entities’ employees and subcontractors. 11 3. SCOPE 12 The protections conferred by this Stipulated Protective Order cover not only Protected 13 Material, but also any information copied or extracted therefrom, as well as all copies, 14 excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations 15 by Parties or Counsel to or in court or in other settings that might reveal Protected Material. 16 4. 17 Even after the termination of this litigation, the confidentiality obligations imposed by 18 this Stipulated Protective Order, and this Court’s jurisdiction to enforce the terms of this 19 Stipulated Protective Order, shall remain in effect until six (6) months after the final 20 termination of this action, unless: (a) a Designating Party agrees to an earlier termination 21 date in writing; or (b) a court order otherwise directs. 22 23 5. DURATION DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 24 Each Designating Party must first make a good faith determination that protection is 25 warranted within the parameters of Rule 26(c) and take care to limit any such designation to 26 specific Disclosure or Discovery Material that qualifies under the appropriate standards. A 27 Designating Party must take care to designate for protection only those parts of any 28 Disclosure or Discovery Material that qualify so that other portions of the Disclosure or 3 Case 2:10-cv-00763-KJD-GWF Document 64 Filed 11/18/13 Page 4 of 12 1 Discovery Material for which protection is not warranted are not swept unjustifiably within 2 the ambit of this Stipulated Protective Order. 3 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 4 shown to be clearly unjustified or that have been made for an improper purpose (including, 5 without limitation, to unnecessarily encumber or retard the case development process or to 6 impose unnecessary expenses and burdens on other Parties) might expose the Designating 7 Party to sanctions if the Receiving Party adheres to the procedures set forth in Section 6. LAW OFFICE OF LISA RASMUSSEN 601 SOUTH TENTH STREET, #100 LAS VEGAS, NEVADA 89101 PH: (702) 471-1436 · FX: (702) 489-6619 8 If it comes to a Designating Party’s attention that any Disclosure or Discovery 9 Material that such Designating Party designated for protection does not qualify for protection 10 at all, or does not qualify for the level of protection initially asserted, the Designating Party 11 must promptly notify all other Parties that such Designating Party is withdrawing the 12 mistaken designation. 5.2 13 Manner and Timing of Designations. Except as otherwise provided in 14 this Stipulated Protective Order (including, without limitation, as set forth in the second 15 paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, any Disclosure or 16 Discovery Material that qualifies for protection under this Stipulated Protective Order must 17 be clearly so designated before the Disclosure or Discovery Material is disclosed or 18 produced. Designation in conformity with this Stipulated Protective Order requires: 19 (a) for information in documentary form (apart from transcripts of 20 depositions or other pretrial or trial proceedings), that the Producing Party affix the legend 21 “CONFIDENTIAL” at the top of each page that contains Protected Material. If only a 22 portion or portions of the material on a page qualifies for protection, the Producing Party 23 also must clearly identify the protected portion(s) (e.g., by making appropriate markings in 24 the margins). 25 A Party or non-Party that makes original documents or materials available for 26 inspection need not designate such documents or materials for protection until after the 27 inspecting Party has indicated which documents or material such inspecting Party would like 28 copied and produced. During the inspection and before the designation, all of the documents 4 Case 2:10-cv-00763-KJD-GWF Document 64 Filed 11/18/13 Page 5 of 12 or material made available for inspection shall be deemed “CONFIDENTIAL.” After the 2 inspecting Party has identified the documents or materials such inspecting Party wants 3 copied and produced, the Producing Party must determine which documents or materials, or 4 portions thereof, qualify for protection under this Stipulated Protective Order, then, before 5 producing the specified documents or materials, the Producing Party must affix the 6 appropriate legend (“CONFIDENTIAL”) at the top of each page that contains Protected 7 Material. If only a portion or portions of the material on a page qualifies for protection, the 8 LAW OFFICE OF LISA RASMUSSEN 601 SOUTH TENTH STREET, #100 LAS VEGAS, NEVADA 89101 PH: (702) 471-1436 · FX: (702) 489-6619 1 Producing Party also must clearly identify the protected portion(s) (e.g., by making 9 appropriate markings in the margins). 10 (b) for testimony given in deposition or in other pretrial or trial 11 proceedings, that the Party or non-Party offering, sponsoring, or giving the testimony 12 identify on the record, before the close of the deposition, hearing, or other proceeding, all 13 protected testimony. When it is impractical to identify separately each portion of testimony 14 that is entitled to protection, and when it appears that substantial portions of the testimony 15 might qualify for protection, the Party or non-Party that sponsors, offers, or gives the 16 testimony may invoke on the record (before the deposition or proceeding is concluded) a 17 right to have up to twenty (20) days to identify the specific portions of the testimony as to 18 which protection is sought. Only those portions of the testimony that are appropriately 19 designated for protection within the twenty (20) days shall be covered by the provisions of 20 this Stipulated Protective Order. 21 Transcript pages containing Protected Material must be separately bound by the court 22 reporter, who must affix to the top of each such page the legend “CONFIDENTIAL” as 23 instructed by the Party or non-Party offering or sponsoring the witness or presenting the 24 testimony. 25 (c) for information produced in some form other than documentary, and 26 for any other tangible items, that the Producing Party affix in a prominent place on the 27 exterior of the container or containers in which the Disclosure or Discovery Material is 28 stored the legend “CONFIDENTIAL.” If only portions of the Disclosure or Discovery 5 Case 2:10-cv-00763-KJD-GWF Document 64 Filed 11/18/13 Page 6 of 12 1 Material warrant protection, the Producing Party, to the extent practicable, shall identify the 2 protected portions. 5.3 3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate qualified Disclosure or Discovery Material as “CONFIDENTIAL” does 5 not, standing alone, waive the Designating Party’s right to secure protection under this 6 Stipulated Protective Order for such Disclosure or Discovery Material. If any Disclosure or 7 Discovery Material is appropriately designated as “CONFIDENTIAL” after the Disclosure 8 LAW OFFICE OF LISA RASMUSSEN 601 SOUTH TENTH STREET, #100 LAS VEGAS, NEVADA 89101 PH: (702) 471-1436 · FX: (702) 489-6619 4 or Discovery Material was initially produced, but within ninety (90) days of production, the 9 Receiving Party, on timely notification of the designation, must make reasonable efforts to 10 assure that the Disclosure or Discovery Material is treated in accordance with the provisions 11 of this Stipulated Protective Order. Within five (5) days of receipt of the substitute copies of 12 Disclosure or Discovery Material, the Receiving Party shall return the previously 13 undesignated Disclosure or Discovery Material and all copies thereof. 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Unless a prompt challenge to a Designating Party’s 16 confidentiality designation is necessary to avoid foreseeable substantial unfairness, 17 unnecessary economic burdens, or a later significant disruption or delay of the litigation, a 18 Party does not waive its right to challenge a confidentiality designation by electing not to 19 mount a challenge promptly after the original designation is disclosed. 20 6.2 Meet and Confer. A Party that elects to initiate a challenge to a 21 Designating Party’s confidentiality designation must do so in good faith and must begin the 22 process by conferring directly with Counsel for the Designating Party. In conferring, the 23 challenging Party must explain the basis for such challenging Party’s belief that the 24 confidentiality designation was not proper, must give the Designating Party an opportunity 25 to review the designated Disclosure or Discovery Material, to reconsider the circumstances, 26 and, if no change in designation is offered, to explain the basis for the chosen designation. A 27 challenging Party may proceed to the next stage of the challenge process only if such 28 challenging Party has engaged in this meet and confer process first. 6 Case 2:10-cv-00763-KJD-GWF Document 64 Filed 11/18/13 Page 7 of 12 6.3 1 Judicial Intervention. A Party that elects to press a challenge to a confidentiality designation after considering the justification offered by the Designating 3 Party may file and serve a motion under Civil Local Rule 7-2 (and in compliance with Civil 4 Local Rule 10-5, if applicable) that identifies the challenged material and sets forth in detail 5 the basis for the challenge. 6 declaration that affirms that the movant has complied with the meet and confer requirements 7 imposed in the preceding paragraph and that sets forth with specificity the justification for 8 LAW OFFICE OF LISA RASMUSSEN 601 SOUTH TENTH STREET, #100 LAS VEGAS, NEVADA 89101 PH: (702) 471-1436 · FX: (702) 489-6619 2 the confidentiality designation that was given by the Designating Party in the meet and 9 confer dialogue. The challenge proceeding shall comply with Civil Local Rule 7-2. Each such motion must be accompanied by a competent 10 The burden of persuasion, as well as the burden of proof to show that such protection 11 is warranted, in any such challenge proceeding shall be on the Designating Party to show 12 that such protection is warranted. Until the court rules on the challenge, all Parties shall 13 continue to afford the Protected Material in question the level of protection to which it is 14 entitled under the Designating Party’s designation. 15 16 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material in 17 connection with this case only for prosecuting, defending, or attempting to settle this 18 litigation. Such Protected Material may be disclosed only to the categories of persons and 19 under the conditions described in this Stipulated Protective Order. When the litigation has 20 been terminated, a Receiving Party must comply with the provisions of section 11, below 21 (FINAL DISPOSITION). 22 Protected Material must be stored and maintained by a Receiving Party at a location 23 and in a secure manner that ensures that access is limited to the persons authorized under this 24 Stipulated Protective Order. 25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 26 ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 27 disclose any Disclosure or Discovery Material designated CONFIDENTIAL only to: 28 7 Case 2:10-cv-00763-KJD-GWF Document 64 Filed 11/18/13 Page 8 of 12 1 (a) the Receiving Party’s Outside Counsel of record in this action, as 2 well as employees of said Counsel to whom it is reasonably necessary to disclose the 3 information for this litigation and who have agreed, in writing, that they have reviewed this 4 Protective Order and agree to be bound by its terms; (b) the officers, directors, and employees (including, without limitation, 6 House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 7 litigation and who have agreed, in writing, that they have reviewed this Protective Order and 8 LAW OFFICE OF LISA RASMUSSEN 601 SOUTH TENTH STREET, #100 LAS VEGAS, NEVADA 89101 PH: (702) 471-1436 · FX: (702) 489-6619 5 agree to be bound by its terms; 9 (c) Experts of the Receiving Party to whom disclosure is reasonably 10 necessary for this litigation and who have agreed, in writing, that they have reviewed this 11 Protective Order and agree to be bound by its terms; 12 (d) the court and such court’s personnel; 13 (e) court reporters, such court reporters’ staffs, and Professional 14 Vendors to whom disclosure is reasonably necessary for this litigation and who have and 15 who have agreed, in writing, that they have reviewed this Protective Order and agree to be 16 bound by its terms; 17 (f) during witnesses’ depositions, such witnesses in the action to whom 18 disclosure is reasonably necessary and who have agreed, in writing, that they have reviewed 19 this Protective Order and agree to be bound by its terms. Pages of transcribed deposition 20 testimony or exhibits to depositions that reveal Protected Material must be separately bound 21 by the court reporter and may not be disclosed to anyone except as permitted pursuant to this 22 Stipulated Protective Order; and (g) the author of the document or the original source of the information. 23 24 25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 26 If a Receiving Party is served with a subpoena or an order issued in other litigation 27 that would compel disclosure of any Disclosure or Discovery Material designated in this 28 action as “CONFIDENTIAL,” the Receiving Party must so notify the Designating Party, in 8 Case 2:10-cv-00763-KJD-GWF Document 64 Filed 11/18/13 Page 9 of 12 1 writing (by fax, if possible) immediately and in no event more than three (3) court days after 2 receiving the subpoena or order. Such notification must include a copy of the subpoena or 3 court order. The Receiving Party also must immediately inform in writing the Party who caused 5 the subpoena or order to issue in the other litigation that some or all the material covered by 6 the subpoena or order is the subject of this Stipulated Protective Order. In addition, the 7 Receiving Party must deliver a copy of this Stipulated Protective Order promptly to the Party 8 LAW OFFICE OF LISA RASMUSSEN 601 SOUTH TENTH STREET, #100 LAS VEGAS, NEVADA 89101 PH: (702) 471-1436 · FX: (702) 489-6619 4 in the other action that caused the subpoena or order to issue. 9 The purpose of imposing these duties is to alert the interested persons to the existence 10 of this Stipulated Protective Order and to afford the Designating Party in this case an 11 opportunity to try to protect such Designating Party’s confidentiality interests in the court 12 from which the subpoena or order issued. The Designating Party shall bear the burdens and 13 the expenses of seeking protection in that court of such Designating Party’s confidential 14 material. Nothing in these provisions should be construed as authorizing or encouraging a 15 Receiving Party to disobey a lawful directive from another court. 16 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 17 If a Receiving Party learns that, by inadvertence or otherwise, such Receiving Party 18 has disclosed Protected Material to any person or in any circumstance not authorized under 19 this Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 20 the Designating Party of the unauthorized disclosures, (b) use such Receiving Party’s best 21 efforts to retrieve all copies of the Protected Material, (c) inform the person or persons to 22 whom unauthorized disclosures were made of all the terms of this Stipulated Protective 23 Order, and (d) request such person or persons to review this Protective Order and agree, in 24 writing, to be bound by its terms. 25 10. FILING PROTECTED MATERIAL 26 Without written permission from the Designating Party or a court order secured after 27 appropriate notice to all interested persons, a Party may not file in the public record in this 28 action any Protected Material. A Party that seeks to file under seal any Protected Material 9 Case 2:10-cv-00763-KJD-GWF Document 64 Filed 11/18/13 Page 10 of 12 1 must comply with Civil Local Rule 10-5. In addition, any Protected Material filed with the 2 Court shall be filed in a sealed envelope or other appropriate sealed container on which the 3 following shall be endorsed: (i) the caption of this Action, including the title and case 4 number; (ii) the title of the document; (iii) the words “CONFIDENTIAL - Filed pursuant to 5 Stipulated Protective Order” as an indication of the nature of the content; and (iv) a 6 statement in substantially the following form: 7 LAW OFFICE OF LISA RASMUSSEN 601 SOUTH TENTH STREET, #100 LAS VEGAS, NEVADA 89101 PH: (702) 471-1436 · FX: (702) 489-6619 8 9 “This envelope, containing documents which are filed in this case pursuant to a Stipulated Protective Order, is not to be opened or the contents thereof to be displayed or revealed except by order of the Court or consent of the parties in writing.” 10 11. 11 Unless otherwise ordered or agreed in writing by the Producing Party, within sixty 12 (60) days after the final termination of this action, each Receiving Party must return all 13 Protected Material to the Producing Party. 14 Material” includes, without limitation, all copies, abstracts, compilations, summaries, or any 15 other form of reproducing or capturing any of the Protected Material. With permission in 16 writing from the Designating Party, the Receiving Party may destroy some or all of the 17 Protected Material instead of returning such Protected Material. Whether the Protected 18 Material is returned or destroyed, the Receiving Party must submit a written certification to 19 the Producing Party (and, if not the same person or entity, to the Designating Party) by the 20 sixty (60) day deadline that identifies (by category, where appropriate) all the Protected 21 Material that was returned or destroyed and that affirms that the Receiving Party has not 22 retained any copies, abstracts, compilations, summaries, or other forms of reproducing or 23 capturing any of the Protected Material. Notwithstanding this provision, Counsel is entitled 24 to retain an archival copy of all pleadings, motion papers, transcripts, legal memoranda, 25 correspondence or attorney work product even if such materials contain Protected Material. 26 Any such archival copies that contain or constitute Protected Material remain subject to this 27 Stipulated Protective Order as set forth in section 4 (DURATION) above. 28 FINAL DISPOSITION As used in this subdivision, “all Protected ... 10 Case 2:10-cv-00763-KJD-GWF Document 64 Filed 11/18/13 Page 11 of 12 1 2 12. MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Stipulated Protective Order 3 abridges the right of any Party to seek this Stipulated Protective Order’s modification by the 4 court in the future. 5 12.2 Right to Assert Other Objections. By stipulating to the entry of this Stipulated Protective Order no Party waives any right such Party otherwise would have to 7 object to disclosing or producing any information or item on any ground not addressed in 8 LAW OFFICE OF LISA RASMUSSEN 601 SOUTH TENTH STREET, #100 LAS VEGAS, NEVADA 89101 PH: (702) 471-1436 · FX: (702) 489-6619 6 this Stipulated Protective Order. Similarly, no Party waives any right to object on any 9 ground to use in evidence of any of the Disclosure or Discovery Material covered by this 10 11 Stipulated Protective Order. DATED: November 18, 2013. LAW OFFICE OF LISA RASMUSSEN, PC 12 /s/ Lisa A. Rasmussen ___________________________________ LISA A. RASMUSSEN, ESQ. Attorneys for Plaintiffs 13 14 15 16 DATED: November 18, 2013. STATE OF NEVADA OFFICE OF ATTORNEY GENERAL 17 18 /s/ Robert T. Warhola _______________________________ ROBERT T. WARHOLA Deputy Attorney General Attorneys for Defendants 19 20 21 22 23 IT IS SO ORDERED: 24 25 26 ______________________________________ UNITED STATES MAGISTRATE JUDGE 27 28 November 19, 2013 DATED: ______________________________ 11 Case 2:10-cv-00763-KJD-GWF Document 64 Filed 11/18/13 Page 12 of 12 1 2 3 4 5 6 7 LAW OFFICE OF LISA RASMUSSEN 601 SOUTH TENTH STREET, #100 LAS VEGAS, NEVADA 89101 PH: (702) 471-1436 · FX: (702) 489-6619 8 9 10 11 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 18th day of November, 2013, a true and correct copy of the foregoing document: JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER was served via the Court’s CM/ECF system, upon the following persons: ROBERT T. WARHOLA Deputy District Attorney ROBERT.WARHOLA@ccdanv.com /s/ Alexander Loglia ____________________________________________ Alexander Loglia An employee of the Law Office of Lisa Rasmussen 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12