IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ARICA KINCHELOE and 

ALEXANDER CASTRO, individually 

and on behalf of all others similarly 

situated,

Plaintiffs, 

v. 

THE UNIVERSITY OF CHICAGO and 

BOARD OF TRUSTEES OF THE 

UNIVERSITY OF CHICAGO,

Defendants.

)

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Case No. 1:20-cv-03015 

Judge Jeremy C. Daniel

Magistrate Judge Gabriel A. Fuentes

ORDER GRANTING PRELIMINARY

APPROVAL OF CLASS ACTION SETTLEMENT

Named Plaintiffs Arica Kincheloe and Alexander Castro (collectively, the “Named

Plaintiffs,” and, collectively, with the members of the Settlement Class, the “Settlement Class 

Members”), on the one hand, and the University of Chicago (the “University”), on the other hand, 

have entered into a Class Action Settlement Agreement and Release entered into as of November 

21, 2023 (the “Settlement Agreement”) to settle the above-captioned litigation (the “Action”). The 

Settlement Agreement, together with its exhibits incorporated herein, sets forth the terms and 

conditions for a proposed settlement and dismissal with prejudice of the Action. Additionally, 

Class Counsel has filed a Motion for Preliminary Approval of Class Action Settlement, 

Preliminary Certification, and Approval of Notice Plan Pursuant to Federal Rule of Civil 

Procedure 23(e)(1) (the “Motion”).1

1 Terms used herein shall have the meaning accorded to them in the Settlement Agreement except 

to the extent otherwise specified herein.

Case: 1:20-cv-03015 Document #: 97 Filed: 12/07/23 Page 1 of 15 PageID #:914
2

Having reviewed the Settlement Agreement and its exhibits, the Motion, the pleadings and 

other papers on file in this action and statements of counsel, the Court finds that the Motion should 

be GRANTED and that this Preliminary Approval Order should be entered. Terms and phrases 

used in this Preliminary Approval Order not otherwise defined herein shall have the same 

meanings ascribed to them in the Settlement Agreement.

NOW, THEREFORE, THE COURT HEREBY FINDS, CONCLUDES AND ORDERS 

THE FOLLOWING:

1. The Parties have agreed to a class action settlement of all Released Claims. 

Plaintiffs seek, and for purposes of settlement only the University does not object to, certification 

of a Settlement Class defined as follows:

All students and former students who were enrolled in any of the University of 

Chicago’s Undergraduate and Graduate Programs at any time between January 

1, 2020 through the end of the Spring Quarter of 2020.

Specifically excluded from the Settlement Class are the following persons:

(i) The University and its officers, trustees and their family members;

(ii) Class Counsel;

(iii) The judges who have presided over the Action;

(iv) All other persons who have timely elected to become Opt-Outs from 

the Settlement Class in accordance with the Court’s Orders.

The Court expressly reserves the right to determine, should the occasion arise, whether 

Plaintiffs’ proposed claims may be certified as a class action for purposes other than settlement, 

and the University hereby retains all rights to argue that Plaintiffs’ proposed claims may not be 

certified for class treatment except for settlement purposes.

2. For purposes of preliminary approval, this Court assesses the Settlement 

Agreement under Fed. R. Civ. P. 23(e). Under Rule 23(e)(1)(B), the Court “must direct notice in 

Case: 1:20-cv-03015 Document #: 97 Filed: 12/07/23 Page 2 of 15 PageID #:915
3 

a reasonable manner” to proposed Settlement Class Members “if giving notice is justified by the 

parties’ showing that the court will likely be able to (i) approve the proposal [as fair, reasonable, 

and adequate] under Rule 23(e)(2) and (ii) certify the class for purposes of judgment on the 

proposal.” Fed. R. Civ. P. 23(e)(1)(B).

Likely Approval As Fair, Reasonable And Adequate

3. To determine whether the Settlement Agreement is fair, reasonable, and adequate, 

Rule 23(e)(2) directs the Court to consider whether: 

(A) the class representatives and class counsel have adequately represented the 

class; (B) the proposal was negotiated at arm’s length; (C) the relief provided 

for the class is adequate, taking into account: (i) the costs, risks, and delay of 

trial and appeal; (ii) the effectiveness of any proposed method of distributing 

relief to the class, including the method of processing class-member claims; 

(iii) the terms of any proposed award of attorney’s fees, including timing of 

payment; and (iv) any agreement required to be identified under Rule 23(e)(3);

and (D) the proposal treats class members equitably relative to each other. 

Fed. R. Civ. P. 23(e)(2). 

4. The Settlement Class representatives proposed in the Consolidated Class Action

Complaint are adequately representing the proposed Settlement Class: they share the same alleged 

injury (that they allegedly paid tuition and fees for in-person instruction during the Spring Quarter 

of 2020 and received remote instruction) and the same interest. Thomas J. McKenna, Esq. and 

Gregory M. Egleston, Esq. of Gainey McKenna & Egleston, Gary Lynch, Esq. and Nicholas 

Colella, Esq. of Lynch Carpenter LLP, and Michael Tompkins, Esq. and Anthony Alesandro, Esq.

of Leeds Brown Law, P.C. are experienced class counsel who are adequately representing the 

proposed Settlement Class. 

5. There is no question that the Parties are at arm’s length. The Settlement Agreement 

appears tobe the result of extensive, non-collusive, arm’s-length negotiations between experienced 

counsel who were thoroughly informed of the strengths and weaknesses of the case through 

Case: 1:20-cv-03015 Document #: 97 Filed: 12/07/23 Page 3 of 15 PageID #:916
4

mediation-related discovery and whose negotiations were supervised by respected class action 

mediator, the Honorable Morton Denlow (Ret.) of JAMS.

6. The Settlement Agreement provides adequate relief to the proposed Settlement 

Class. The University has agreed to pay $4,950,000 to cover Cash Awards, Notice and 

Administration Costs, Attorneys’ Fees and Costs, and Service Awards. From that amount, 

Settlement Class Members are eligible to receive a Cash Award based on the pro rata amount of 

their Out-of-Pocket Tuition and Fees, with each Settlement Class Member eligible to receive at 

least $25. Settlement Class Members do not need to file a claim in order to receive a Cash Award. 

If the Settlement Agreement had not been reached, the Parties planned to vigorously contest this 

matter, including the University’s expected motion to dismiss as well as class certification, and 

Plaintiffs’ chances at trial also would have been uncertain. In light of the costs, risks and delay of 

trial and appeal, this relief is at least adequate for purposes of Rule 23(e)(1). 

7. There is no reason to doubt the effectiveness of distributing relief under the 

Settlement Agreement. As further addressed below, the Parties propose a Class Notice Program, 

which is detailed in Settlement Agreement, which the Court finds is reasonably calculated to reach 

nearly all members of the proposed Settlement Class. 

8. After the Class Notice Program and in connection with the Fairness Hearing, this 

Court will assess the reasonableness of the proposed Settlement and the request of Class Counsel 

for Attorneys’ Fees and Costs and Service Awards. At this preliminary stage, the Court finds that 

the plan to request that Attorneys’ Fees and Costs and Service Awards be paid from the Net 

Settlement Fund creates no reason not to direct notice to the proposed Settlement Class and permit 

class members to be apprised of their rights and the proposed Settlement. 

Case: 1:20-cv-03015 Document #: 97 Filed: 12/07/23 Page 4 of 15 PageID #:917
5 

9. No agreements exist between the Parties aside from the Settlement Agreement, with 

the exception of an agreement described generally in the Settlement Agreement that allows the 

University and Class Counsel to terminate the Settlement Agreement in certain defined

circumstances.

10. The Settlement Agreement treats members of the proposed Settlement Class 

equitably relative to each other because all members of the proposed Settlement Class are eligible 

for a Cash Award of at least $25. These are equitable terms.

11. Having thoroughly reviewed the Settlement Agreement, the supporting exhibits and 

the Parties’ arguments, this Court finds that the Settlement Agreement is fair, reasonable, and 

adequate to warrant providing notice to the Settlement Class, and thus likely to be approved, 

subject to further consideration at the Fairness Hearing to be conducted as described below. 

12. The Court preliminarily approves the Settlement Agreement subject to the Fairness 

Hearing for purposes of deciding whether to grant final approval to the Settlement. This 

determination permitting notice to the Settlement Class is not a final finding, but a determination 

that there is probable cause to submit the proposed Settlement Agreement to the Settlement Class 

Members and to hold a Fairness Hearing to consider the fairness, reasonableness, and adequacy of 

the proposed Settlement. 

Likely Certification Of Settlement Class

13. The Court assesses the likelihood that it will be able to certify the proposed 

Settlement Class under Rules 23(a) and 23(b)(3) (because this Settlement Class seeks damages). 

See Fed. R. Civ. P. 23(a)-(b). The Court makes this assessment for the purposes of settlement only 

at this time.

14. As to the requirements of Rule 23(a) for settlement purposes only, (i) the Settlement 

Class provisionally certified herein includes thousands of individuals, and joinder of all would be 

Case: 1:20-cv-03015 Document #: 97 Filed: 12/07/23 Page 5 of 15 PageID #:918
6 

impracticable, (ii) there are questions of law and fact common to the Settlement Class, (iii) the 

Settlement Class Representatives’ claims are typical of the claims of the Settlement Class they 

seek to represent for purposes of settlement and (iv) the Settlement Class Representatives are 

adequate representatives of the Settlement Class. As to the requirements of Rule 23(b)(3) for 

settlement purposes only, questions of law and fact common to the Settlement Class predominate 

over any questions affecting any individual Settlement Class Member, and a class action on behalf 

of the Settlement Class is superior to other available means of settling and disposing of this dispute. 

Because the Settlement Agreement contemplates that no trial of the claims asserted in the 

Consolidated Class Action Complaint will be necessary, however, the Court makes no finding as 

to the manageability of adjudicating those claims on a class basis. See Amchem Products, Inc. v. 

Windsor, 521 U.S. 591 (1997). 

15. For these reasons, pursuant to Rule 23, and for settlement purposes only, the Court 

finds it will likely certify the Settlement Class defined above in Paragraph 1 of this Order and 

preliminarily certifies the Settlement Class. This finding is subject to further consideration at the 

Fairness Hearing to be conducted as described below.

16. The Court hereby preliminarily appoints, for settlement purposes only, Settlement 

Class Representatives as representatives of the Settlement Class. Pursuant to Fed. R. Civ. P. 23(g), 

the Court hereby preliminarily appoints, for settlement purposes only, Thomas J. McKenna, Esq. 

and Gregory M. Egleston, Esq. of Gainey McKenna & Egleston, Gary Lynch, Esq. and Nicholas 

Colella, Esq. of Lynch Carpenter LLP, and Michael Tompkins, Esq. and Anthony Alesandro, Esq.

of Leeds Brown Law, P.C. as Class Counsel for the Settlement Class.

Approval Of The Manner And Form Of Notice

17. Angeion Group has been selected to serve as the Claims Administrator under the 

terms of the Settlement Agreement. The Court hereby appoints Angeion Group to serve as the 

Case: 1:20-cv-03015 Document #: 97 Filed: 12/07/23 Page 6 of 15 PageID #:919
7

Claims Administrator in accordance with the provisions of Section VI of the Settlement 

Agreement.

18. The Court approves the Notice, the content of which is without material alteration 

from Exhibits 1, 2 and 3 to the Settlement Agreement.

19. The Court approves the creation of the Settlement Website, as defined in Section 

II(PP) of the Settlement Agreement, that shall include, at a minimum, copies of the Settlement 

Agreement and the Class Notice, and shall be maintained in accordance with the provisions of 

Section VII(C) of the Settlement Agreement.

20. The Court finds that the Class Notice Program as set forth in the Settlement 

Agreement, filed concurrently with Plaintiffs’ Motion for Preliminary Approval, (a) is the best 

practicable notice, (b) is reasonable and constitutes due, adequate and sufficient notice to all 

Persons entitled to receive notice, (c) is reasonably calculated, under the circumstances, to apprise 

the Settlement Class of the pendency of the Action and of their right to object to or to exclude 

themselves from the Settlement and (d) meets all applicable requirements of applicable law. The 

Class Notice Program satisfies the requirements of Fed. R. Civ. P. 23(c)(2)(B) and due process. 

The Court therefore approvesthe Class Notice Program and the notice documents substantially in 

the form attached as the exhibits to Plaintiffs’ Motion.

21. The Court orders the Claims Administrator to file proof of compliance with the 

Class Notice Program at least twenty-one (21) days before the Fairness Hearing.

22. Pursuant to 34 C.F.R. § 99.37(a), the Court finds that names, mailing addresses and 

email addresses in education records of current students of the University constitute “directory 

information” and may be disclosed, without consent, to the Claims Administrator for purposes of 

providing class notice in this Action if (a) the University has previously provided public notice 

Case: 1:20-cv-03015 Document #: 97 Filed: 12/07/23 Page 7 of 15 PageID #:920
8 

that the names, mailing addresses and email addresses are considered “directory information” that 

may be disclosed to third parties including public notice of how students may restrict the disclosure 

of such information and (b) the student has not exercised a right to block disclosure of any such 

information, including but not limited to mailing addresses or email addresses (“FERPA Block”). 

The University shall not disclose from education records names, mailing addresses or email 

addresses subject to a FERPA Block. 

23. Pursuant to 34 C.F.R. § 99.37(b), the Court further finds that names, mailing 

addresses and email addresses in education records of former students of the University constitute 

“directory information” and may be disclosed, without consent, to the Claims Administrator for 

purposes of providing class notice in this Action, provided that the University continues to honor 

any valid and un-rescinded FERPA Block. The University will send notice to Settlement Class 

Members whose mailing addresses and email addresses are subject to a valid and un-rescinded 

FERPA Block. 

24. This Order shall constitute a “judicial order” within the meaning of the Family 

Educational Rights and Privacy Act, 20 U.S.C. § 1232g and 34 C.F.R. § 99.31(a)(9), sufficient to 

compel the University to provide the Class List information and Out-of-Pocket Tuition and Fees 

information to the Claims Administrator in accordance with Section VII(A) of the Settlement 

Agreement. The Court further rules that the Class Notice Program and the Notice constitute a 

reasonable effort per 34 C.F.R. § 99.31(a)(9)(ii) to notify eligible students (or their parents) of this 

order sufficiently in advance of disclosure to allow the student (or parent) an opportunity to seek 

protective action, including filing a motion to quash with this Court. 

Participation In, Exclusion From Or Objection To The Settlement

25. The Court orders any Settlement Class Member who wishes to exclude himself or 

herself from the Settlement Class to submit an appropriate, timely request for exclusion that: 

Case: 1:20-cv-03015 Document #: 97 Filed: 12/07/23 Page 8 of 15 PageID #:921
9

a. Has the signature of the member of the Settlement Class, even if 

represented by counsel;

b. States the name, address and telephone number of the Settlement 

Class Member requesting exclusion; and

c. Contains a clear and unambiguous statement communicating that 

such Person elects to be excluded from the Settlement Class, does not wish to be a 

Settlement Class Member, and elects to be excluded from any judgment entered 

pursuant to the Settlement. 

26. Members of the Settlement Class who wish to be excluded from the Settlement 

Class must do so with respect to all claims against the University. A member of the Settlement 

Class may opt out on an individual basis only; so-called “mass” or “class” opt outs shall not be 

allowed. 

27. All requests for exclusion must be submitted no later than ninety-five (95) days 

after the entrance of this Order. Any member of the Settlement Class who submits a timely request 

for exclusion may not file an objection to the Settlement and shall be deemed to have waived any 

rights or benefits under the Settlement Agreement. 

28. Any Settlement Class Member who fails to submit a timely and complete request 

for exclusion sent to the proper address shall be subject to and bound by the Settlement Agreement 

and every order or judgment entered pursuant to the Settlement Agreement. Any purported request 

for exclusion or other communication sent to such address that is unclear or internally inconsistent 

with respect to the desire of the member of the Settlement Class to be excluded from the Settlement 

Class will be deemed invalid unless determined otherwise by the Court. Requests for exclusion

signed only by counsel or another representative shall not be permitted.

Case: 1:20-cv-03015 Document #: 97 Filed: 12/07/23 Page 9 of 15 PageID #:922
10

29. Any Settlement Class Member who wishes to object to the Settlement Agreement

or the proposed settlement or to the Attorneys’ Fees and Costs must file with the Court a written 

objection no later than ninety-five (95) days after the entrance of this Order. Such objection must:

a. State the printed name, address and telephone number of the 

Settlement Class Member objecting;

b. State whether the Settlement Class Member is represented by 

counsel and, if so, the name and contact information of counsel; 

c. Identify the University Undergraduate and/or Graduate Program(s) 

the Settlement Class Member attended anytime from January 1, 2020 through the 

end of the Spring Quarter of 2020 and the amount of tuition and/or fees paid by the 

Settlement Class Member or paid on his or her behalf to the University for the 

Spring Quarter of 2020;

d. Contain a detailed written statement of each objection asserted, 

including the grounds for objection, any legal authority in support of such objection

and reasons for appearing and being heard; 

e. Contain copies of any papers, briefs, declarations, affidavits or other 

documents upon which the objection is based;

f. Contain a statement indicating whether the objector intends to 

appear at the Fairness Hearing (either personally or through counsel who files an 

appearance with the Court in accordance with the Local Rules), and a list of all 

persons, if any, who will be called to testify in support of the objection; 

g. Contain a list of all cases in which the Settlement Class Member or 

Settlement Class Member’s counsel filed an objection or in any way participated —

Case: 1:20-cv-03015 Document #: 97 Filed: 12/07/23 Page 10 of 15 PageID #:923
11

financially or otherwise—in objecting to a class settlement during the preceding 

five years; and 

h. Contain the Settlement Class Member’s signature, in addition to the 

signature of the objector’s attorney (if any). An attorney’s signature alone shall not 

be deemed sufficient to satisfy this requirement. 

30. The Settlement Class Member must also serve by mail or hand delivery the 

Settlement Class Member’s objection, including all papers or evidence in support thereof, upon

the Claims Administrator, Class Counsel and Counsel for the University, at the addresses set forth 

in the Class Notice.

31. Any Settlement Class Member who fails to properly and timely file a written

objection with the Court, along with the required information and documentation set forth in 

Paragraph 29 above, or to serve them as required in Paragraph 30 above, shall not be heard during 

the Fairness Hearing, shall not have his or her objections be considered by the Court and shall be 

foreclosed from seeking any adjudication or review of the Settlement by appeal or otherwise. 

32. Class Counsel and Counsel for the University may respond to any objection filed 

by a Settlement Class Member, and must file such a response with the Court no later than seven

(7) days prior to the Fairness Hearing.

33. Settlement Class Members may not both object and opt out. If a member of the 

Settlement Class submits both a request for exclusion and an objection, the request for exclusion 

shall be controlling.

34. Any attorney hired by a Settlement Class Member for the purpose of objecting to 

the Settlement Agreement, the proposed Settlement, or the Attorneys’ Fees and Costs will be at 

the Settlement Class Member’s expense. 

Case: 1:20-cv-03015 Document #: 97 Filed: 12/07/23 Page 11 of 15 PageID #:924
12

35. Any attorney hired by a Settlement Class Member for the purpose of objecting to 

the proposed Settlement or to the Attorneys’ Fees and Costs and who intends to make an 

appearance at the Fairness Hearing must provide to the Claims Administrator (who shall forward 

it to Class Counsel and Counsel for the University) and file with the Clerk of the Court a notice of 

intention to appear no later than ninety-five (95) days after the entrance of this Order.

36. Any Settlement Class Member who files and serves a written objection and who 

intends to make an appearance at the Fairness Hearing must provide to the Claims Administrator 

(who shall forward it to Class Counsel and Counsel for the University) and file with the Court a 

notice of intention to appear no later than ninety-five (95) days after the entrance of this Order.

37. The Court orders the Claims Administrator to establish a post office box in the 

name of the Claims Administrator to be used for receiving requests for exclusion, objections, 

notices of intention to appear and any other communications. Only the Claims Administrator, 

Class Counsel, the University’s Counsel, the University, the Court, the Clerk of the Court and their 

designated agents shall have access to this post office box, except as otherwise provided in the 

Settlement Agreement.

38. The Court orders the Claims Administrator to promptly furnish Class Counsel and 

Counsel for the University with copies of any and all written requests for exclusion, notices of 

intention to appear or other communications that come into its possession, except as expressly 

provided in the Settlement Agreement.

39. The Court orders that Class Counsel shall file their applications for the Attorneys’

Fees and Costs and Settlement Class Representatives’ Service Awards in accordance with the 

terms set forth in Section X of the Settlement Agreement.

Case: 1:20-cv-03015 Document #: 97 Filed: 12/07/23 Page 12 of 15 PageID #:925
13 

40. The Court orders the Claims Administrator to provide Class Counsel and Counsel 

for the University with copies of all requests for exclusion on a weekly basis by email and to 

provide the Opt-Out List to Class Counsel and Counsel for the University no later than seven (7) 

days after the Opt-Out and Objection Date. The Court further orders Class Counsel to file with 

the Court the Opt-Out List with an affidavit from the Claims Administrator attesting to the 

completeness and accuracy thereof no later than three (3) business days thereafter or on such other 

date as the Parties may direct.

Final Approval Hearing And Related Deadlines

41. This Court will hold a Fairness Hearing, on April 10, 2024, at 9:45 a.m., in the 

United States District Court for the Northern District of Illinois, Courtroom 1419, 219 South 

Dearborn Street, Chicago, Illinois 60604 or by remote means as ordered by the Court. The 

purposes of the Fairness Hearing will be to consider the fairness, reasonableness and adequacy of 

the proposed Settlement and the application for an award of Attorneys’ Fees and Expenses, and to 

consider whether the Court should issue a Final Order and Judgment approving the Settlement, 

granting Class Counsel’s application for Attorneys’ Fees and Expenses, granting the Service 

Awards application by Settlement Class Representatives and dismissing the claims against the 

University with prejudice. 

42. The Court reserves the right to adjourn the Fairness Hearing without further notice 

to Settlement Class Members, or to approve the Settlement with modification without further 

notice to Settlement Class Members. 

43. Class Counsel’s papers in support of any application for Attorneys’ Fees and 

Expenses and/or Service Awards shall be filed no later than sixty (60) days after the entrance of 

this Order. 

Case: 1:20-cv-03015 Document #: 97 Filed: 12/07/23 Page 13 of 15 PageID #:926
14 

44. Class Counsel’s papers in support of final approval of the Settlement shall be filed 

no later than twenty-one (21) days prior to the Fairness Hearing. 

Effects Of This Preliminary Approval Order

45. All members of the Settlement Class, unless and until they have timely and properly 

excluded themselves from the Settlement Class, are preliminarily enjoined from (a) filing, 

commencing, prosecuting, intervening in or participating as plaintiff, claimant, participant or class 

member in any other lawsuit or administrative, regulatory, arbitration or other proceeding in any 

jurisdiction based on, relating to or arising out of the claims and causes of action or the facts and 

circumstances giving rise to the Action and/or the Released Claims, (b) filing, commencing, 

participating in or prosecuting a lawsuit or administrative, regulatory, arbitration or other 

proceeding as a class action on behalf of any member of the Settlement Class, regardless of 

whether or not they have been excluded from the Settlement Class, based on, relating to or arising 

out of the claims and causes of action or the facts and circumstances giving rise to the Action

and/or the Released Claims and (c) attempting to effect Opt-Outs of a class of individuals in this 

lawsuit or any other lawsuit or administrative, regulatory, arbitration or other proceeding based 

on, relating to or arising out of the claims and causes of action or the facts and circumstances 

giving rise to the Action and/or the Released Claims. 

46. Any member of the Settlement Class who does not submit a timely, written request 

for exclusion from the Settlement Class (i.e., become an Opt Out) will be bound by all proceedings, 

orders and judgments in the Action, even if such Settlement Class Member has previously initiated 

or subsequently initiates individual litigation or other proceedings encompassed by the Release. 

47. If for any reason the Settlement fails to become effective in accordance with its 

terms, or if the judgment is not entered or is reversed, vacated or materially modified on appeal 

(and, in the event of material modification (which shall not include any reduction to an award of 

Case: 1:20-cv-03015 Document #: 97 Filed: 12/07/23 Page 14 of 15 PageID #:927
15 

Attorneys’ Fees and Costs or to the Service Awards), if either party elects to terminate the 

Settlement), this Order shall be null and void, the Settlement Agreement shall be deemed 

terminated (except for any paragraphs that, pursuant to the terms of the Settlement Agreement, 

survive termination of the Settlement Agreement), and the Parties shall return to their positions 

without prejudice in any way, as provided for in the Settlement Agreement. 

Dated: December 7, 2023 

Jeremy C. Daniel 

United States District Judge

Case: 1:20-cv-03015 Document #: 97 Filed: 12/07/23 Page 15 of 15 PageID #:928