D.M. v. County of Merced ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 D.M., et al., Case No. 1:20-cv-00409-NONE-SAB 11 Plaintiffs, ORDER ENTERING STIPULATED 12 PROTECTIVE ORDER v. 13 (ECF No. 37) COUNTY OF MERCED, et al., 14 Defendants. 15 16 17 STIPULATED PROTECTIVE ORDER 18 1. PURPOSES AND LIMITATIONS 19 Disclosure and discovery activity in this action are likely to involve production of confidential, 20 proprietary, or private information for which special protection from public disclosure and from 21 use for any purpose other than prosecuting or defending this litigation may be warranted. 22 Accordingly, the parties hereby stipulate to and petition the court to enter the following 23 Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket 24 protections on all disclosures or responses to discovery and that the protection it affords from 25 public disclosure and use extends only to the limited information or items that are entitled to 26 confidential treatment under the applicable legal principles. The parties further acknowledge, as 27 set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Local Rules 140 and 141 set forth the procedures that must 1 be followed and the standards that will be applied when a party seeks permission from the court 2 to file material under seal. 3 2. DEFINITIONS 4 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 5 information or items under this Order. 6 7 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 8 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 9 of Civil Procedure 26(c). 10 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 11 well as their support staff). 12 2.4 Designating Party: a Party or Non-Party that designates information or items that 13 it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 14 15 2.5 Disclosure or Discovery Material: all items or information, regardless of the 16 medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or 17 responses to discovery in this matter. 18 19 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 20 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 21 consultant in this action. 22 2.7 House Counsel: attorneys who are employees of a party to this action. House 23 Counsel does not include Outside Counsel of Record or any other outside counsel. 24 2.8 Non-Party: any natural person, partnership, corporation, association, or other 25 legal entity not named as a Party to this action. 26 27 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action but are retained to represent or advise a party to this action and have appeared in this 1 action on behalf of that party or are affiliated with a law firm which has appeared on behalf of 2 that party. 3 2.10 Party: any party to this action, including all of its officers, directors, employees, 4 including former employees, consultants, retained experts, guardians, and Outside Counsel of 5 Record (and their support staffs). 6 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 7 Material in this action. 8 9 2.12 Professional Vendors: persons or entities that provide litigation support services 10 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and 11 subcontractors. 12 13 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 14 “CONFIDENTIAL.” 15 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 16 Producing Party. 17 3. SCOPE 18 19 The protections conferred by this Stipulation and Order cover not only 20 Protected Material (as defined above), but also (1) any information copied or extracted from 21 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 22 and (3) any testimony, conversations, or presentations by Parties or their Counsel that might 23 reveal Protected Material. However, the protections conferred by this Stipulation and Order do 24 not cover the following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a 25 Receiving Party as a result of publication not involving a violation of this Order, including 26 becoming part of the public record through trial or otherwise; and (b) any information known to 27 the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure 1 from a source who obtained the information lawfully and under no obligation of confidentiality 2 to the Designating Party. Any use of Protected Material at trial shall be governed by a separate 3 agreement or order. 4 4. DURATION 5 Even after final disposition of this litigation, the confidentiality obligations 6 imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing 7 or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) 8 dismissal of all claims and defenses in this action, with or without prejudice; and (2) final 9 judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, 10 or reviews of this action, including the time limits for filing any motions or applications for 11 extension of time pursuant to applicable law. 12 5. DESIGNATING PROTECTED MATERIAL 13 14 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 15 or Non-Party that designates information or items for protection under this Order must take care 16 to limit any such designation to specific material that qualifies under the appropriate standards. 17 The Designating Party must designate for protection only those parts of material, documents, 18 items, or oral or written communications that qualify so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept 19 unjustifiably within the ambit of this Order. 20 21 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 22 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 23 unnecessarily encumber or retard the case development process or to impose unnecessary 24 expenses and burdens on other parties) expose the Designating Party to sanctions. If it comes to a 25 Designating Party’s attention that information or items that it designated for protection do not 26 qualify for protection, that Designating Party must promptly notify all other Parties that it is withdrawing the mistaken designation. 27 1 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 2 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 3 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 4 designated before the material is disclosed or produced. 5 Designation in conformity with this Order requires: 6 (a) for information in documentary form (e.g., paper or electronic 7 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the 8 Producing Party affix the legend “CONFIDENTIAL” to each page that contains protected 9 material. If only a portion or portions of the material on a page qualifies for protection, the 10 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 11 markings in the margins). 12 A Party or Non-Party that makes original documents or materials available 13 for inspection need not designate them for protection until after the inspecting Party has 14 indicated which material it would like copied and produced. During the inspection and before the 15 designation, all of the material made available for inspection shall be deemed 16 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and 17 produced, the Producing Party must determine which documents, or portions thereof, qualify for 18 protection under this Order. Then, before producing the specified documents, the Producing 19 Party must affix the “CONFIDENTIAL” legend to each page that contains Protected Material. If 20 only a portion or portions of the material on a page qualifies for protection, the Producing Party 21 also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 22 margins). 23 (b) for testimony given in deposition or in other pretrial or trial 24 proceedings, that the Designating Party identify on the record, before the close of the deposition, 25 hearing, or other proceeding, all protected testimony. 26 (c) for information produced in some form other than documentary and 27 for any other tangible items, that the Producing Party affix in a prominent place on the exterior of 1 the container or containers in which the information or item is stored the legend 2 “CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection, 3 the Producing Party, to the extent practicable, shall identify the protected portion(s). 4 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 5 designate qualified information or items does not, standing alone, waive the Designating Party’s 6 right to secure protection under this Order for such material. Upon timely correction of a 7 designation, the Receiving Party must make reasonable efforts to assure that the material is 8 treated in accordance with the provisions of this Order. A timely correction is one requested 9 within a reasonable amount of time following the production of the material concerned. 10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 12 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 13 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 14 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 15 challenge a confidentiality designation by electing not to mount a challenge promptly after the 16 original designation is disclosed. 17 18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by providing written notice of each designation it is challenging and describing the basis 19 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 20 notice must recite that the challenge to confidentiality is being made in accordance with this 21 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 22 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 23 forms of communication are not sufficient) within 14 days of the date of service of notice. In 24 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 25 designation was not proper and must give the Designating Party an opportunity to review the 26 designated material, to reconsider the circumstances, and, if no change in designation is offered, 27 to explain the basis for the chosen designation. A Challenging Party may proceed to the next 1 stage of the challenge process only if it has engaged in this meet and confer process first or 2 establishes that the Designating Party is unwilling to participate in the meet and confer process in 3 a timely manner. 4 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 5 intervention, the Designating Party shall file and serve a motion to retain confidentiality under 6 Local Rule 141.1 within 21 days of the initial notice of challenge or within 14 days of the parties 7 agreeing that the meet and confer process will not resolve their dispute, whichever is later. Each 8 such motion must be accompanied by a competent declaration affirming that the movant has 9 complied with the meet and confer requirements imposed in the preceding paragraph. Failure by 10 the Designating Party to make such a motion including the required declaration within 21 days 11 (or 14 days, if applicable) shall automatically waive the confidentiality designation for each 12 challenged designation. In addition, the Challenging Party may file a motion challenging a confidentiality designation at any time if there is good cause for doing so, including a challenge 13 to the designation of a deposition transcript or any portions thereof. Any motion brought 14 pursuant to this provision must be accompanied by a competent declaration affirming that the 15 movant has complied with the meet and confer requirements imposed by the preceding 16 paragraph. 17 18 The burden of persuasion in any such challenge proceeding shall be on the Designating 19 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 20 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 21 file a motion to retain confidentiality as described above, all parties shall continue to afford the 22 material in question the level of protection to which it is entitled under the Designating Party’s 23 designation until the court rules on the challenge. 24 25 7. ACCESS TO AND USE OF PROTECTED MATERIAL 26 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed 27 or produced by another Party or by a Non-Party in connection with this case only for 1 prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be 2 disclosed only to the categories of persons and under the conditions described in this Order. 3 When the litigation has been terminated, a Receiving Party must comply with the provisions of 4 section 13 below (FINAL DISPOSITION). 5 Protected Material must be stored and maintained by a Receiving Party at a location and 6 in a secure manner that ensures that access is limited to the persons authorized under this Order. 7 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by 8 the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 9 information or item designated “CONFIDENTIAL” only to: 10 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 11 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 12 for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that 13 is attached hereto as Exhibit A; 14 15 (b) the officers, directors, and employees (including House Counsel) of the Receiving 16 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 19 reasonably necessary for this litigation and who have signed the “Acknowledgment and 20 Agreement to Be Bound” (Exhibit A); 21 (d) the court and its personnel; 22 23 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 24 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 26 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 27 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 1 A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 2 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 3 separately bound by the court reporter and may not be disclosed to anyone except as permitted 4 under this Stipulated Protective Order; 5 (g) the author or recipient of a document containing the information or a custodian or 6 other person who otherwise possessed or knew the information; 7 (h) any guardian(s) or other legal representatives of a Receiving Party. 8 9 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 10 LITIGATION 11 If a Party is served with a subpoena or a court order issued in other litigation that 12 compels disclosure of any information or items designated in this action as “CONFIDENTIAL,” 13 that Party must: 14 15 (a) promptly notify in writing the Designating Party. Such notification shall include a 16 copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 18 other litigation that some or all of the material covered by the subpoena or order is subject to this 19 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 21 Designating Party whose Protected Material may be affected. If the Designating Party timely 22 seeks a protective order, the Party served with the subpoena or court order shall not produce any 23 information designated in this action as “CONFIDENTIAL” before a determination by the court 24 from which the subpoena or order issued, unless the Party has obtained the Designating Party’s 25 permission. The Designating Party shall bear the burden and expense of seeking protection in 26 that court of its confidential material and nothing in these provisions should be construed as 27 1 authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from 2 another court. 3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 4 PRODUCED 5 IN THIS LITIGATION 6 7 (a) The terms of this Order are applicable to information produced by 8 a Non-Party in this action and designated as “CONFIDENTIAL.” Such information produced by 9 Non-Parties in connection with this litigation is protected by the remedies and relief provided by 10 this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. 11 12 (b) In the event that a Party is required, by a valid discovery request, to produce a 13 Non-Party’s confidential information in its possession, and the Party is subject to an agreement 14 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the Non-Party that 16 some or all of the information requested is subject to a confidentiality agreement with a Non- 17 Party; 18 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 19 Order in this litigation, the relevant discovery request(s), and a reasonably specific description of 20 the information requested; and 21 22 (3) make the information requested available for inspection by the 23 Non-Party. 24 (c) If the Non-Party fails to object or seek a protective order from this court within 14 25 days of receiving the notice and accompanying information, the Receiving Party may produce 26 the Non-Party’s confidential information responsive to the discovery request. If the Non-Party 27 timely seeks a protective order, the Receiving Party shall not produce any information in its 1 possession or control that is subject to the confidentiality agreement with the Non-Party before a 2 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 3 burden and expense of seeking protection in this court of its Protected Material. 4 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 6 7 Protected Material to any person or in any circumstance not authorized under this Stipulated 8 Protective Order, the Receiving Party must immediately (a) notify in writing the Designating 9 Party of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of 10 the Protected Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the 11 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 12 13 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 14 PROTECTED MATERIAL 15 When a Producing Party gives notice to Receiving Parties that certain 16 inadvertently produced material is subject to a claim of privilege or other protection, the 17 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 18 26(b)(5)(B). This provision is not intended to modify whatever procedure may be established in 19 an e-discovery order that provides for production without prior privilege review. Pursuant to 20 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect 21 of disclosure of a communication or information covered by the attorney-client privilege or work 22 product protection, the parties may incorporate their agreement in the stipulated protective order 23 submitted to the court. 24 12. MISCELLANEOUS 25 26 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 27 seek its modification by the court in the future. 1 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 2 Order no Party waives any right it otherwise would have to object to disclosing or producing any 3 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, 4 no Party waives any right to object on any ground to use in evidence of any of the material covered by this Protective Order. 5 6 12.3 Filing Protected Material. The Parties recognize that the designation of material 7 as CONFIDENTIAL under the Stipulated Protective Order does not permit the filing of such 8 material in court either under seal or in redacted form, as stated in Local Rule 141.1(e). The 9 Parties further recognize that it is the Designating Party who both has the interest in and the 10 capability of making a sufficient showing that the Protected Material should be sealed or 11 redacted. Any Receiving Party wishing to file Protected Material on the Court’s docket shall 12 first identify to the Designating Party the Protected Material it intends to file. The Designating Party shall then advise the Receiving Party whether it intends to seek an order sealing or 13 redacting the documents in question. If the Designating Party does not advise the Receiving 14 Party that it intends to seek an order sealing or redacting the documents in question, the 15 Receiving Party may file the Protected Material on the docket without sealing or redaction. If 16 the Designating Party files a motion to permit Protected Material to be filed under seal or filed in 17 redacted format, and such motion is granted, the Receiving Party shall cause the Protected 18 Material to be filed under seal or in redacted form, as directed by the court’s order. If such a 19 motion is denied, the Receiving Party may file the Protected Material on the docket without 20 sealing or redaction. The Designating Party shall bear the responsibility and costs of filing the 21 necessary motions to seal or redact the information in question. This provision does not apply to 22 any information, whether designated as Protected Material or not, that is required to be redacted 23 pursuant to Local Rule 140. 24 13. FINAL DISPOSITION 25 26 Within 60 days after the final disposition of this action, as defined in paragraph 4, 27 1 each Receiving Party must return all Protected Material to the Producing Party or destroy such 2 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 3 compilations, summaries, and any other format reproducing or capturing any of the Protected 4 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not the same person or entity, to the 5 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all 6 the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has 7 not retained any copies, abstracts, compilations, summaries or any other format reproducing or 8 capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 9 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 10 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 11 product, and consultant and expert work product, even if such materials contain Protected 12 Material. Any such archival copies that contain or constitute Protected Material remain subject to 13 this Protective Order as set forth in Section 4 (DURATION). 14 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 15 16 17 DATED: February 17, 2021 Respectfully submitted, 18 BERTLING LAW GROUP, INC. 19 20 /s/ Jemma Parker Saunders 21 Peter G. Bertling 22 23 Jemma Parker Saunders 24 Attorneys for Defendants 25 Wellpath, CFMG, Amanpreet Atwal, Alicia Dunwoody, Gianfranco Burdi, Keriann Quinn- 26 Fitzpatrick, Dylan Fulcher, Shawn Autrey, Pao Chang, 27 Jessica Ramirez-Aguilar, Jamie Burns, and Thanya Ryland 1 DATED: February 17, 2021 WANGER JONES HELSLEY PC 2 /s/ Christopher A. Lisieski 3 Jay A. Christofferson 4 Christopher A. Lisieski 5 Attorneys for Plaintiffs 6 7 8 DATED: February 17, 2021 THE LAW OFFICES OF JEROME M. 9 VARANINI 10 11 /s/ Jerome M. Varanini 12 Jerome M. Varanini 13 14 Attorney for Defendants 15 County of Merced and Kifan 16 * Counsel provided consent that this document be electronically filed. 17 EXHIBIT A 18 19 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 20 I, ___________________ [print or type full name], of _______________________ [print 21 or type full address], declare under penalty of perjury that I have read in its entirety and 22 understand the Stipulated Protective Order that was issued by the United States District Court for 23 the Eastern District of California in the case of D.M., et al. v. County of Merced, et al., United 24 States District Court case number 1:20-cv-00409-NONE-SAB. I agree to comply with and to be 25 bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that 26 failure to so comply could expose me to sanctions and punishment in the nature of contempt. I 27 solemnly promise that I will not disclose in any manner any information or item that is subject to 1 this Stipulated Protective Order to any person or entity except in strict compliance with the 2 provisions of this Order. 3 I further agree to submit to the jurisdiction of the United States District Court for the 4 Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective 5 Order, even if such enforcement proceedings occur after termination of this action. I hereby 6 appoint __________________________ [print or type full name] of 7 _______________________________________ [print or type full address and telephone 8 number] as my California agent for service of process in connection with this action or any 9 proceedings related to enforcement of this Stipulated Protective Order. 10 Date: _____________________ 11 City and State where sworn and signed: __________________________ 12 13 Printed name: ___________________________ 14 Signature: ______________________________ 15 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// /// 1 ORDER ENTERING STIPULATED PROTECTIVE ORDER 2 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that: 3 1. The above stipulated protective order is entered; 4 2. The parties are advised that pursuant to the Local Rules of the United States 5 District Court, Eastern District of California, any documents which are to be filed 6 under seal will require a written request which complies with Local Rule 141; 7 3. The party making a request to file documents under seal shall be required to show 8 good cause for documents attached to a nondispositive motion or compelling 9 reasons for documents attached to a dispositive motion, Pintos v. Pacific Creditors 10 Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009); and 11 4. If a party’s request to file Protected Material under seal is denied by the Court, 12 then the previously filed material shall be immediately accepted by the court and 13 become information in the public record and the information will be deemed filed 14 as of the date that the request to file the Protected Information under seal was 15 made. 16 17 IT IS SO ORDERED. OF. ee 1g | Dated: □ February 25, 2021 _ Oe 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28