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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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10 NABIL SHUKAIR, an individual, Case No. 2:25-CV-03573-HDV-RAO 11 Plaintiff, 12 STIPULATED PROTECTIVE v. ORDER1 13 CITY OF SIMI VALLEY, and JOHN

DOE SIMI VALLEY POLICE

14 OFFICERS A-H, inclusive, all sued in their individual capacities, 15 16 Defendants. 17 18 19 1. A. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, 21 proprietary or private information for which special protection from public 22 disclosure and from use for any purpose other than prosecuting this litigation may 23 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 24 enter the following Stipulated Protective Order. The parties acknowledge that this 25 Order does not confer blanket protections on all disclosures or responses to 26 discovery and that the protection it affords from public disclosure and use extends 27 1 only to the limited information or items that are entitled to confidential treatment 2 under the applicable legal principles. 3 4 B. GOOD CAUSE STATEMENT 5 This action involves Plaintiff NABIL SHUKAIR (“Plaintiff”) and CITY OF 6 SIMI VALLEY (“City” or “Defendant”). Plaintiff is seeking materials and 7 information the City maintains as confidential, such as officer body worn video 8 recordings, audio recordings and materials, and other administrative and personnel 9 records which, if they exist, are in the possession of the City which Defendant 10 believes need special protection from public disclosure and from use for any 11 purpose other than prosecuting this litigation. 12 Defendant asserts that the confidentiality of the materials and information 13 sought by Plaintiff is recognized by California and federal law, as evidenced inter alia 14 by California Penal Code section 832.7 and Kerr v. United States Dist. Ct. for N.D. 15 Cal., 511 F.2d 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394 (1976). The City has not 16 publicly released the materials and information referenced above. These materials 17 and information are of the type that have been used to initiate disciplinary action 18 against Simi Valley Police Department (“SVPD”) officers and have been used as 19 evidence in disciplinary proceedings where the officers’ conduct was considered to 20 be contrary to SVPD policy. 21 Defendant contends that absent a protective order delineating the 22 responsibilities of nondisclosure on the part of the parties hereto, there is a specific 23 risk of unnecessary and undue disclosure by one or more of the many attorneys, 24 secretaries, law clerks, paralegals and expert witnesses involved in this case, as well 25 as the corollary risk of embarrassment, harassment as well as professional, physical 26 and legal harm on the part of the SVPD officers referenced in the materials and 27 information. 1 information, absent a protective order, would allow the media to share this 2 information with potential jurors in the area, impacting the rights of the Defendant 3 herein to receive a fair trial. 4 Accordingly, to expedite the flow of information, to facilitate the prompt 5 resolution of disputes over confidentiality of discovery materials, to adequately 6 protect information the parties are entitled to keep confidential, to ensure that the 7 parties are permitted reasonable necessary uses of such material in preparation for and 8 in the conduct of trial, to address their handling at the end of the litigation, and serve 9 the ends of justice, a protective order for such information is justified in this matter. 10 It is the intent of the parties that information will not be designated as confidential for 11 tactical reasons and that nothing be so designated without a good faith belief that it 12 has been maintained in a confidential, non-public manner, and there is good cause 13 why it should not be part of the public record of this case. This also includes (1) any 14 information copied or extracted from the Confidential information; (2) copies, 15 excerpts, summaries or compilations of Confidential information; and (3) any 16 testimony, conversations, or presentations that might reveal Confidential information. 17 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 18 The parties further acknowledge, as set forth in Section 12.3, below, that this 19 Stipulated Protective Order does not entitle them to file confidential information 20 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 21 and the standards that will be applied when a party seeks permission from the court 22 to file material under seal. 23 There is a strong presumption that the public has a right of access to judicial 24 proceedings and records in civil cases. In connection with non-dispositive motions, 25 good cause must be shown to support a filing under seal. See Kamakana v. City and 26 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors 27 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, 1 require good cause showing), and a specific showing of good cause or compelling 2 reasons with proper evidentiary support and legal justification, must be made with 3 respect to Protected Material that a party seeks to file under seal. The parties’ mere 4 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 5 without the submission of competent evidence by declaration, establishing that the 6 material sought to be filed under seal qualifies as confidential, privileged, or 7 otherwise protectable—constitute good cause. 8 Further, if a party requests sealing related to a dispositive motion or trial, then 9 compelling reasons, not only good cause, for the sealing must be shown, and the 10 relief sought shall be narrowly tailored to serve the specific interest to be protected. 11 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 12 each item or type of information, document, or thing sought to be filed or introduced 13 under seal in connection with a dispositive motion or trial, the party seeking 14 protection must articulate compelling reasons, supported by specific facts and legal 15 justification, for the requested sealing order. Again, competent evidence supporting 16 the application to file documents under seal must be provided by declaration. 17 Any document that is not confidential, privileged, or otherwise protectable in 18 its entirety will not be filed under seal if the confidential portions can be redacted. 19 If documents can be redacted, then a redacted version for public viewing, omitting 20 only the confidential, privileged, or otherwise protectable portions of the document 21 shall be filed. Any application that seeks to file documents under seal in their 22 entirety should include an explanation of why redaction is not feasible. 23 24 2. DEFINITIONS 25 2.1 Action: this pending federal lawsuit. 26 2.2 Challenging Party: a Party or Non-Party that challenges the 27 designation of information or items under this Order. 1 how it is generated, stored or maintained) or tangible things that qualify for 2 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 3 the Good Cause Statement. This also includes (1) any information copied or 4 extracted from the Confidential information; (2) copies, excerpts, summaries or 5 compilations of Confidential information; and (3) any testimony, conversations, or 6 presentations that might reveal Confidential information. 7 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 8 their support staff). 9 2.5 Designating Party: a Party or Non-Party that designates information or 10 items that it produces in disclosures or in responses to discovery as 11 “CONFIDENTIAL.” 12 2.6 Disclosure or Discovery Material: all items or information, regardless 13 of the medium or manner in which it is generated, stored, or maintained (including, 14 among other things, testimony, transcripts, and tangible things) that are produced or 15 generated in disclosures or responses to discovery in this matter. 16 2.7 Expert: a person with specialized knowledge or experience in a matter 17 pertinent to the litigation who has been retained by a Party or its counsel to serve as 18 an expert witness or as a consultant in this Action. 19 2.8 House Counsel: attorneys who are employees of a party to this Action. 20 House Counsel does not include Outside Counsel of Record or any other outside 21 counsel. 22 2.9 Non-Party: any natural person, partnership, corporation, association or 23 other legal entity not named as a Party to this action. 24 2.10 Outside Counsel of Record: attorneys who are not employees of a 25 party to this Action but are retained to represent or advise a party to this Action and 26 have appeared in this Action on behalf of that party or are affiliated with a law firm 27 that has appeared on behalf of that party, and includes support staff. 1 employees, consultants, retained experts, and Outside Counsel of Record (and their 2 support staffs). 3 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 4 Discovery Material in this Action. 5 2.13 Professional Vendors: persons or entities that provide litigation 6 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 7 demonstrations, and organizing, storing, or retrieving data in any form or medium) 8 and their employees and subcontractors. 9 2.14 Protected Material: any Disclosure or Discovery Material that is 10 designated as “CONFIDENTIAL.” 11 2.15 Receiving Party: a Party that receives Disclosure or Discovery 12 Material from a Producing Party. 13 14 3. SCOPE 15 The protections conferred by this Stipulation and Order cover not only 16 Protected Material (as defined above), but also (1) any information copied or 17 extracted from Protected Material; (2) all copies, excerpts, summaries, or 18 compilations of Protected Material; and (3) any testimony, conversations, or 19 presentations by Parties or their Counsel that might reveal Protected Material. 20 Any use of Protected Material at trial shall be governed by the orders of the 21 trial judge. This Order does not govern the use of Protected Material at trial. 22 23 4. DURATION 24 Once a case proceeds to trial, information that was designated as 25 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 26 as an exhibit at trial becomes public and will be presumptively available to all 27 members of the public, including the press, unless compelling reasons supported by 1 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 2 showing for sealing documents produced in discovery from “compelling reasons” 3 standard when merits-related documents are part of court record). Accordingly, the 4 terms of this protective order do not extend beyond the commencement of the trial. 5 6 5. DESIGNATING PROTECTED MATERIAL 7 5.1 Exercise of Restraint and Care in Designating Material for Protection. 8 Each Party or Non-Party that designates information or items for protection under 9 this Order must take care to limit any such designation to specific material that 10 qualifies under the appropriate standards. The Designating Party must designate for 11 protection only those parts of material, documents, items or oral or written 12 communications that qualify so that other portions of the material, documents, items 13 or communications for which protection is not warranted are not swept unjustifiably 14 within the ambit of this Order. 15 Mass, indiscriminate or routinized designations are prohibited. Designations 16 that are shown to be clearly unjustified or that have been made for an improper 17 purpose (e.g., to unnecessarily encumber the case development process or to impose 18 unnecessary expenses and burdens on other parties) may expose the Designating 19 Party to sanctions. 20 If it comes to a Designating Party’s attention that information or items that it 21 designated for protection do not qualify for protection, that Designating Party must 22 promptly notify all other Parties that it is withdrawing the inapplicable designation. 23 5.2 Manner and Timing of Designations. Except as otherwise provided in 24 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 25 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 26 under this Order must be clearly so designated before the material is disclosed or 27 produced. 1 (a) for information in documentary form (e.g., paper or electronic 2 documents, but excluding transcripts of depositions or other pretrial or trial 3 proceedings), that the Producing Party affix at a minimum, the legend 4 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 5 contains protected material. If only a portion of the material on a page qualifies for 6 protection, the Producing Party also must clearly identify the protected portion(s) 7 (e.g., by making appropriate markings in the margins). 8 A Party or Non-Party that makes original documents available for inspection 9 need not designate them for protection until after the inspecting Party has indicated 10 which documents it would like copied and produced. During the inspection and 11 before the designation, all of the material made available for inspection shall be 12 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 13 documents it wants copied and produced, the Producing Party must determine which 14 documents, or portions thereof, qualify for protection under this Order. Then, 15 before producing the specified documents, the Producing Party must affix the 16 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 17 portion of the material on a page qualifies for protection, the Producing Party also 18 must clearly identify the protected portion(s) (e.g., by making appropriate markings 19 in the margins). 20 (b) for testimony given in depositions that the Designating Party identifies 21 the Disclosure or Discovery Material on the record, before the close of the 22 deposition all protected testimony. 23 (c) for information produced in some form other than documentary and 24 for any other tangible items, that the Producing Party affix in a prominent place on 25 the exterior of the container or containers in which the information is stored the 26 legend “CONFIDENTIAL.” If only a portion or portions of the information 27 warrants protection, the Producing Party, to the extent practicable, shall identify the 1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 failure to designate qualified information or items does not, standing alone, waive 3 the Designating Party’s right to secure protection under this Order for such material. 4 Upon timely correction of a designation, the Receiving Party must make reasonable 5 efforts to assure that the material is treated in accordance with the provisions of this 6 Order. 7 8 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 9 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 10 designation of confidentiality at any time that is consistent with the Court’s 11 Scheduling Order. 12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 13 resolution process under Local Rule 37.1 et seq. 14 6.3 The burden of persuasion in any such challenge proceeding shall be on 15 the Designating Party. Frivolous challenges, and those made for an improper 16 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 17 parties) may expose the Challenging Party to sanctions. Unless the Designating 18 Party has waived or withdrawn the confidentiality designation, all parties shall 19 continue to afford the material in question the level of protection to which it is 20 entitled under the Producing Party’s designation until the Court rules on the 21 challenge. 22 23 7. ACCESS TO AND USE OF PROTECTED MATERIAL 24 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 26 Action only for prosecuting, defending or attempting to settle this Action. Such 27 Protected Material may be disclosed only to the categories of persons and under the 1 Receiving Party must comply with the provisions of section 13 below (FINAL 2 DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a 4 location and in a secure manner that ensures that access is limited to the persons 5 authorized under this Order. 6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 7 otherwise ordered by the court or permitted in writing by the Designating Party, a 8 Receiving Party may disclose any information or item designated 9 “CONFIDENTIAL” only to: 10 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 11 well as employees of said Outside Counsel of Record to whom it is reasonably 12 necessary to disclose the information for this Action; 13 (b) the officers, directors, and employees (including House Counsel) of 14 the Receiving Party to whom disclosure is reasonably necessary for this Action; 15 (c) Experts (as defined in this Order) of the Receiving Party to whom 16 disclosure is reasonably necessary for this Action and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (d) the court and its personnel; 19 (e) court reporters and their staff; 20 (f) professional jury or trial consultants, mock jurors, and Professional 21 Vendors to whom disclosure is reasonably necessary for this Action and who have 22 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (g) the author or recipient of a document containing the information or a 24 custodian or other person who otherwise possessed or knew the information; 25 (h) during their depositions, witnesses, and attorneys for witnesses, in the 26 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 27 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 1 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 2 agreed by the Designating Party or ordered by the court. Pages of transcribed 3 deposition testimony or exhibits to depositions that reveal Protected Material may 4 be separately bound by the court reporter and may not be disclosed to anyone except 5 as permitted under this Stipulated Protective Order; and 6 (i) any mediator or settlement officer, and their supporting personnel, 7 mutually agreed upon by any of the parties engaged in settlement discussions. 8 9 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 10 IN OTHER LITIGATION 11 If a Party is served with a subpoena or a court order issued in other litigation 12 that compels disclosure of any information or items designated in this Action as 13 “CONFIDENTIAL,” that Party must: 14 (a) promptly notify in writing the Designating Party. Such notification 15 shall include a copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or order 17 to issue in the other litigation that some or all of the material covered by the 18 subpoena or order is subject to this Protective Order. Such notification shall include 19 a copy of this Stipulated Protective Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be 21 pursued by the Designating Party whose Protected Material may be affected. 22 If the Designating Party timely seeks a protective order, the Party served with 23 the subpoena or court order shall not produce any information designated in this 24 action as “CONFIDENTIAL” before a determination by the court from which the 25 subpoena or order issued, unless the Party has obtained the Designating Party’s 26 permission. The Designating Party shall bear the burden and expense of seeking 27 protection in that court of its confidential material and nothing in these provisions 1 to disobey a lawful directive from another court. 2 3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 4 PRODUCED IN THIS LITIGATION 5 (a) The terms of this Order are applicable to information produced by a 6 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 7 produced by Non-Parties in connection with this litigation is protected by the 8 remedies and relief provided by this Order. Nothing in these provisions should be 9 construed as prohibiting a Non-Party from seeking additional protections. 10 (b) In the event that a Party is required, by a valid discovery request, to 11 produce a Non-Party’s confidential information in its possession, and the Party is 12 subject to an agreement with the Non-Party not to produce the Non-Party’s 13 confidential information, then the Party shall: 14 (1) promptly notify in writing the Requesting Party and the Non-Party 15 that some or all of the information requested is subject to a confidentiality 16 agreement with a Non-Party; 17 18 (2) promptly provide the Non-Party with a copy of the Stipulated 19 Protective Order in this Action, the relevant discovery request(s), and a reasonably 20 specific description of the information requested; and 21 (3) make the information requested available for inspection by the 22 Non-Party, if requested. 23 (c) If the Non-Party fails to seek a protective order from this court within 24 14 days of receiving the notice and accompanying information, the Receiving Party 25 may produce the Non-Party’s confidential information responsive to the discovery 26 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 27 not produce any information in its possession or control that is subject to the 1 Absent a court order to the contrary, the Non-Party shall bear the burden and 2 expense of seeking protection in this court of its Protected Material. 3 4 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 6 Protected Material to any person or in any circumstance not authorized under this 7 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 8 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 9 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 10 persons to whom unauthorized disclosures were made of all the terms of this Order, 11 and (d) request such person or persons to execute the “Acknowledgment and 12 Agreement to Be Bound” that is attached hereto as Exhibit A. 13 14 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 15 PROTECTED MATERIAL 16 When a Producing Party gives notice to Receiving Parties that certain 17 inadvertently produced material is subject to a claim of privilege or other protection, 18 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 19 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 20 procedure may be established in an e-discovery order that provides for production 21 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 22 (e), insofar as the parties reach an agreement on the effect of disclosure of a 23 communication or information covered by the attorney-client privilege or work 24 product protection, the parties may incorporate their agreement in the stipulated 25 protective order submitted to the court. 26 27 12. MISCELLANEOUS 1 person to seek its modification by the Court in the future. 2 12.2 Right to Assert Other Objections. By stipulating to the entry of this 3 Protective Order, no Party waives any right it otherwise would have to object to 4 disclosing or producing any information or item on any ground not addressed in this 5 Stipulated Protective Order. Similarly, no Party waives any right to object on any 6 ground to use in evidence of any of the material covered by this Protective Order. 7 12.3 Filing Protected Material. A Party that seeks to file under seal any 8 Protected Material must comply with Local Civil Rule 79-5. Protected Material 9 may only be filed under seal pursuant to a court order authorizing the sealing of the 10 specific Protected Material at issue. If a Party’s request to file Protected Material 11 under seal is denied by the court, then the Receiving Party may file the information 12 in the public record unless otherwise instructed by the court. 13 14 13. FINAL DISPOSITION 15 After the final disposition of this Action, as defined in paragraph 4, within 60 16 days of a written request by the Designating Party, each Receiving Party must return 17 all Protected Material to the Producing Party or destroy such material. As used in 18 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 19 summaries, and any other format reproducing or capturing any of the Protected 20 Material. Whether the Protected Material is returned or destroyed, the Receiving 21 Party must submit a written certification to the Producing Party (and, if not the same 22 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 23 (by category, where appropriate) all the Protected Material that was returned or 24 destroyed and (2) affirms that the Receiving Party has not retained any copies, 25 abstracts, compilations, summaries or any other format reproducing or capturing any 26 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 27 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 1 || reports, attorney work product, and consultant and expert work product, even if such 2 |} materials contain Protected Material. Any such archival copies that contain or 3 || constitute Protected Material remain subject to this Protective Order as set forth in 4 || Section 4 (DURATION). 5 6 || 14. VIOLATION 7 || Any violation of this Order may be punished by appropriate measures including, 8 || without limitation, contempt proceedings and/or monetary sanctions. 9 10 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 11 1_ || Dated: January 14, 2026 HH LAW FIRM 13 14 By: /s/ Hani Habbas Hani Habbas 15 Attorneys for Plaintiff 16 NABIL SHUKAIR 17 || Dated: January 14, 2026 BURKE, WILLIAMS & SORENSEN, LLP 18 19 By: /s/ Lisa W. Lee 20 Lisa W. Lee Attorneys for Defendant 71 CITY OF SIMI VALLEY 22 73 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 24 . ys | PATED_inar06 Mayen Oy. OC Rapelis rh, □□ □

HON. ROZELLA A. OLIVER

%6 United States Magistrate Judge 27 28 120

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of NABIL SHUKAIR v CITY OF SIMI VALLEY, and JOHN 9 DOE SIMI VALLEY POLICE OFFICERS A-H, inclusive, all sued in 10 their individual capacities; Case No. 2:25-CV-03573-HDV-RAO. I agree to 11 comply with and to be bound by all the terms of this Stipulated Protective Order and 12 I understand and acknowledge that failure to so comply could expose me to 13 sanctions and punishment in the nature of contempt. I solemnly promise that I will 14 not disclose in any manner any information or item that is subject to this Stipulated 15 Protective Order to any person or entity except in strict compliance with the 16 provisions of this Order. 17 I further agree to submit to the jurisdiction of the United States District Court for the 18 Central District of California for enforcing the terms of this Stipulated Protective 19 Order, even if such enforcement proceedings occur after termination of this action. 20 I hereby appoint __________________________ [print or type full name] of 21 _______________________________________ [print or type full address and 22 telephone number] as my California agent for service of process in connection with 23 this action or any proceedings related to enforcement of this Stipulated Protective 24 Order. 25 Date: ______________________________________ 26 City and State where sworn and signed: _________________________________

27 1 Printed name: _______________________________ 2 3 Signature: __________________________________ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27