Case: Signature Sothbeys International Realty, Inc. v. Whitmer

1:20-cv-00360 | U.S. District Court for the Western District of Michigan

Filed Date: April 28, 2020

Closed Date: Dec. 2, 2020

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Case Summary

The executive orders issued by Michigan Governor Gretchen Whitmer in response to the outbreak of COVID-19 prohibited activities and business "not necessary to sustain or protect life." Seven Michigan businesses that were required to stop operating alleged that the executive orders violated their constitutional rights and state law. Represented by private counsel, plaintiffs brought this Section 1983 suit in the United States District Court for the Western District of Michigan against Governor Whitmer and the Director of the Michigan Department of Health and Human Services on April 28, 2020. Specifically, plaintiffs alleged that the executive orders were arbitrary and discriminated against their businesses by treating them differently than other similarly situated businesses. Plaintiffs sought declaratory and injunctive relief, as well as attorneys' fees. The case was assigned to Judge Paul L. Maloney.

Plaintiffs asserted that the executive orders forced them to "close or significantly restrict their businesses, depriving them of their liberty and property interests without due process," while allowing other businesses deemed 'critical' to stay open, even though: 'critical' businesses must adhere to guidance from the U.S. Centers for Disease Control and Prevention on 'social distancing'; and Plaintiffs are fully capable of adhering to those same guide-lines if allowed to reopen." Moreover, plaintiffs argued that the measures taken by defendants to "flatten the curve" and stop the spread of COVID-19 in Michigan were unnecessary and excessive. Plaintiffs claimed that the executive orders requiring them to close their businesses violated the Dormant Commerce Clause, the Privileges and Immunities Clause, their Procedural and Substantive Due Process rights, the Equal Protection Clause, and that the orders were unconstitutionally vague. Plaintiffs also contended that executive orders violated the state's separation of powers clause and the Emergency Powers Act. 2020 WL 2079549.

On May 11, plaintiffs filed an amended complaint and removed their claims that the executive orders violated state law.

On May 29, the United States Department of Justice filed a statement of interest explaining that the alleged facts suggest that the executive orders violated the Equal Protection Clause and the Commerce Clause. The DOJ stated that "Plaintiffs have made an initial showing that the Orders arbitrarily and oppressively limit their business operations by prohibiting and restricting Plaintiffs’ business operations while permitting similarly situated businesses to continue to operate, or to operate with lesser restrictions, and permitting social gatherings of as many as ten people." The DOJ also concluded that plaintiffs were likely to establish that the executive orders unduly burdened interstate commerce, in violation of the Commerce Clause.

On June 8, defendants filed a motion to dismiss, arguing that the plaintiffs' claims were moot, that plaintiffs lacked standing, and that plaintiffs failed to adequately state a claim concerning their federal constitutional challenges. Defendants asserted that the restrictions challenged by plaintiffs had been lifted as the "curve of the virus's spread . . . flatten[ed]," rendering the plaintiffs' claims moot. Furthermore, defendants argued that plaintiffs' claims lacked merit because the executive orders were "a proper exercise of the authority given to the States to combat a public health crisis" and "necessary to meet the demands of these extraordinary times."

On June 12, the Michigan Epidemiologists sought to file an amicus brief in support of the defendants' motion to dismiss. The plaintiffs opposed the motion for amicus brief on June 30 and they opposed the motion to dismiss itself on July 8, 2020.

On December 2, 2020, the court dismissed the complaint without prejudice and without costs or attorneys' fees to any party. The case is now closed.

Summary Authors

Aaron Gurley (6/9/2020)

Averyn Lee (7/12/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17222701/parties/signature-sothbeys-international-realty-inc-v-whitmer/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Allen, Christopher M. (Michigan)

Booth, Joshua O. (Michigan)

Fedynsky, John G. (Michigan)

Expert/Monitor/Master/Other

Birge, Andrew Byerly (Michigan)

Dreiband, Eric S. (District of Columbia)

Judge(s)

Green, Phillip J. (Michigan)

Maloney, Paul Lewis (Michigan)

Attorney for Plaintiff

McCarthy, Daniel J (Michigan)

Richotte, Joseph E. (Michigan)

Attorney for Defendant

Allen, Christopher M. (Michigan)

Booth, Joshua O. (Michigan)

Fedynsky, John G. (Michigan)

Fowler, Darrin F. (Michigan)

Froehlich, Joseph T. (Michigan)

Nessel, Dana M. (Michigan)

Other

Birge, Andrew Byerly (Michigan)

Dreiband, Eric S. (District of Columbia)

Kay, Jonathan R (New York)

Matz, Joshua Adam (New York)

Maugeri, Alexander Virgil (District of Columbia)

McManus, Jennifer L (Michigan)

Pinion, Hilary (Virginia)

Schneider, Matthew (New York)

Taufique, Mahrah M (New York)

Tolentino, Raymond Patrick (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:20-cv-00360	Civil Docket for Case #: 1:20-cv-00360-PLM-PJG Signature Sothbeys International Realty v. Whitmer	Dec. 2, 2020	Dec. 2, 2020 Docket
1 1:20-cv-00360	Complaint for Declaratory and Injunctive Relief Signature Sotheby's International Realty v. Whitmer	April 28, 2020	April 28, 2020 Complaint 2020 WL 2079549
8 1:20-cv-00360	First Amended Complaint for Declaratory and Injunctive Relief Signature Sotheby's International Realty v. Whitmer	May 11, 2020	May 11, 2020 Complaint
14 1:20-cv-00360	Statement of Interest on Behalf of the United States Signature Sotheby's International Realty v. Whitmer	May 29, 2020	May 29, 2020 Statement of Interest (DOJ)
18 1:20-cv-00360	Defendants Whitmer and Gordon's Brief in Support of Motion to Dismiss (Part 1/2) Signature Sotheby's International Realty v. Whitmer	June 8, 2020	June 8, 2020 Pleading / Motion / Brief
18-1 to 18-14 1:20-cv-00360	Exhibits to Defendants Whitmer and Gordon's Brief in Support of Motion to Dismiss (Part 2/2) Signature Sotheby's International Realty v. Whitmer	June 8, 2020	June 8, 2020 Pleading / Motion / Brief
19, 19-1 1:20-cv-00360	Motion for Leave to File Brief of Amici Curiae Michigan Epidemiologists in Support of Defendants' Motion to Dismiss Signature Sotheby's International Realty v. Whitmer	June 12, 2020	June 12, 2020 Pleading / Motion / Brief
22, 22-1 1:20-cv-00360	Plaintiffs' Opposition to Amici's Motion for Leave to File Amicus Brief Signature Sotheby's International Realty v. Whitmer	June 30, 2020	June 30, 2020 Pleading / Motion / Brief
23 1:20-cv-00360	Reply Brief in Support of Amici Curiae Michigan Epidemiologists' Motion for Leave to File Brief in Support of Defendants' Motion to Dismiss Signature Sotheby's International Realty v. Whitmer	July 2, 2020	July 2, 2020 Pleading / Motion / Brief
26 (incl. 26-1 to 26-5) 1:20-cv-00360	Plaintiffs' Opposition to Defendants' Motion to Dismiss Signature Sotheby's International Realty v. Whitmer	July 8, 2020	July 8, 2020 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17222701/signature-sothbeys-international-realty-inc-v-whitmer/

Last updated April 11, 2026, 4:47 a.m.

ECF Number	Date	Description	Link
1	April 28, 2020	COMPLAINT with jury demand for Declaratory and Injunctive Relief against Robert Gordon, Gretchen E. Whitmer filed by Signature Sothebys International Realty, Inc., Casite Intraco, LLC, Intraco Corporation, INC., Executive Pproperty Mintenance, Inc., Bahash & Company, LLC, d/b/a Hillsdale Jewelers (Attachments: # 1 Exhibit 1) (McCarthy, Daniel) Modified text on 4/29/2020 to change unnecessary capitalization (ns). (Entered: 04/28/2020) 1 Exhibit 1 View on PACER	RECAP
2	April 28, 2020	CORPORATE DISCLOSURE STATEMENT by Casite Intraco, LLC, (McCarthy, Daniel); Modified text on 4/29/2020; Casite Intraco, LLC is the only entity listed by the corporate disclosure statement (ns). (Entered: 04/28/2020)	RECAP
3	April 29, 2020	NOTICE that this case has been assigned Paul L. Maloney ; with NOTICE OF DEFICIENCY re filing fee re corporate disclosure statement (ns) (Entered: 04/29/2020)	RECAP
	April 29, 2020	Summons Not Issued
	April 29, 2020	SUMMONS NOT ISSUED ; filing fee due, none provided (ns)
4	April 30, 2020	CORPORATE DISCLOSURE STATEMENT by Signature Sotheby's International Realty, Inc. identifying Corporate Parent Signature Sothebeys International Realty, Inc. for Signature Sotheby's International Realty, Inc. (McCarthy, Daniel) (Entered: 04/30/2020)	RECAP
5	April 30, 2020	CORPORATE DISCLOSURE STATEMENT by Executive Property Management, Inc. identifying Corporate Parent EXECUTIVE PROPERTY MAINTENANCE, INC. for Executive Property Management, Inc. (McCarthy, Daniel) (Entered: 04/30/2020)	RECAP
6	April 30, 2020	CORPORATE DISCLOSURE STATEMENT by Intraco Corporation Inc. identifying Corporate Parent INTRACO CORPORATION, INC. for Intraco Corporation Inc. (McCarthy, Daniel) (Entered: 04/30/2020)	RECAP
7	April 30, 2020	CORPORATE DISCLOSURE STATEMENT by Bahash & Company LLC (McCarthy, Daniel) (Entered: 04/30/2020)	RECAP
	April 30, 2020	FILING FEE PAID re 1 by plaintiffs Bahash & Company LLC, Casite Intraco LLC, Executive Property Management, Inc., Intraco Corporation Inc., Signature Sotheby's International Realty, Inc. in the amount of $400, receipt number AMIWDC-5192417 (McCarthy, Daniel)
	April 30, 2020	Filing Fee (Civil Case) - Credit Card Payment
8	May 11, 2020	FIRST AMENDED COMPLAINT For Declaratory and Injunctive Relief against All Defendants filed by Intraco Corporation Inc., Executive Property Management, Inc., Casite Intraco LLC, Signature Sotheby's International Realty, Inc., Bahash & Company LLC, William A. Shortt, D.D.S. & Therese F. Shortt, D.D.S, P.C., d/b/a Shortt Dental, Midwest Carwash Association (Attachments: # 1 Exhibit 1) (McCarthy, Daniel) Modified text on 5/12/2020 to change unnecessary capitalization (ns). (Entered: 05/11/2020)	RECAP
9	May 11, 2020	PROPOSED SUMMONS to be issued re 8 (McCarthy, Daniel) (Entered: 05/11/2020)	RECAP
10	May 11, 2020	CORPORATE DISCLOSURE STATEMENT by Midwest Carwash Association (McCarthy, Daniel) Modified text on 5/12/2020 to change unnecessary capitalization (ns). (Entered: 05/11/2020)	RECAP
11	May 11, 2020	CORPORATE DISCLOSURE STATEMENT by William A. Shortt, D.D.S. & Therese F. Shortt, D.D.S, P.C., d/b/a Shortt Dental (McCarthy, Daniel) Modified text on 5/12/2020 to change unnecessary capitalization (ns). (Entered: 05/11/2020)	RECAP
12	May 12, 2020	SUMMONS ISSUED as to defendants Robert Gordon, Gretchen E. Whitmer (ns) (Entered: 05/12/2020)	RECAP
	May 15, 2020	(NON-DOCUMENT) ATTORNEY APPEARANCE of Joseph E. Richotte on behalf of plaintiffs Bahash & Company LLC, Casite Intraco LLC, Executive Property Maintenance, Inc., Intraco Corporation Inc., Midwest Carwash Association, Signature Sotheby's International Realty, Inc., William A. Shortt, D.D.S. & Therese F. Shortt, D.D.S, P.C. (Richotte, Joseph)
	May 15, 2020	Attorney Appearance
13	May 18, 2020	SUMMONS returned executed; Robert Gordon served on 5/15/2020, answer due 6/5/2020; Gretchen E. Whitmer served on 5/15/2020, answer due 6/5/2020 (McCarthy, Daniel) Modified text on 5/18/2020 (ns). (Entered: 05/18/2020)	RECAP
	May 20, 2020	(NON-DOCUMENT) ATTORNEY APPEARANCE of John G. Fedynsky on behalf of defendants Robert Gordon, Gretchen E. Whitmer (Fedynsky, John)
	May 20, 2020	(NON-DOCUMENT) ATTORNEY APPEARANCE of Joseph T. Froehlich on behalf of defendants Robert Gordon, Gretchen E. Whitmer (Froehlich, Joseph)
	May 20, 2020	(NON-DOCUMENT) ATTORNEY APPEARANCE of Joshua O. Booth on behalf of defendants Robert Gordon, Gretchen E. Whitmer (Booth, Joshua)
	May 20, 2020	(NON-DOCUMENT) ATTORNEY APPEARANCE of Christopher M. Allen on behalf of defendants Robert Gordon, Gretchen E. Whitmer (Allen, Christopher)
	May 20, 2020	Attorney Appearance
	May 22, 2020	(NON-DOCUMENT) ATTORNEY APPEARANCE of Darrin F. Fowler on behalf of defendants Robert Gordon, Gretchen E. Whitmer (Fowler, Darrin)
	May 22, 2020	Attorney Appearance
14	May 29, 2020	BRIEF by interested party United States of America statement of interest (Birge, Andrew) (Entered: 05/29/2020)	RECAP
	May 29, 2020	(NON-DOCUMENT) ATTORNEY APPEARANCE of Andrew Byerly Birge on behalf of interested party United States of America ; party United States of America added (Birge, Andrew)
	May 29, 2020	Attorney Appearance
15	June 5, 2020	MOTION for leave to file excess pages /Exceed Word Limit by defendants Robert Gordon, Gretchen E. Whitmer; (Attachments: # 1 Exhibit 1: Defs. Whitmer and Gordon's Motion to Dismiss, # 2 Brief in Support of Defs. Whitmer and Gordon's Motion to Dismiss, # 3 Index of Exhibits, # 4 Exhibit A: April 29, 2020 Opinion and Order Denying Plaintiffs Motion for, # 5 Exhibit B: Modes of transmission of virus causing COVID-19, World Health, # 6 Exhibit C: Social Distancing, Quarantine, and Isolation, Centers for, # 7 Exhibit D: Flattening the Coronavirus Curve (March 27, 2020), New York, # 8 Exhibit E: E.O. No. 2020-4, # 9 Exhibit F: E.O. No. 2020-5, # 10 Exhibit G: E.O. No. 2020-9, # 11 Exhibit H: E.O. No. 2020-11, # 12 Exhibit I: E.O. 2020-17, # 13 Exhibit J: E.O. 2020-96, # 14 Exhibit K: E.O. No. 2020-21, # 15 Exhibit L: E.O. 2020-110, # 16 Exhibit M: South Bay United Pentecostal Church, et al. v. Gavin Newsom,) (Fedynsky, John) (Entered: 06/05/2020)	RECAP
16	June 8, 2020	ORDER granting 15 motion for leave to file excess pages/exceed word limitations; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 06/08/2020)	RECAP
17	June 8, 2020	MOTION to dismiss by defendants Robert Gordon, Gretchen E. Whitmer; (ns) (Entered: 06/09/2020)	RECAP
18	June 8, 2020	BRIEF in support of MOTION to dismiss 17 filed by Robert Gordon, Gretchen E. Whitmer (Attachments: # 1 Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M) (ns) (Entered: 06/09/2020) 1 Index View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Exhibit G View on PACER 9 Exhibit H View on PACER 10 Exhibit I View on PACER 11 Exhibit J View on PACER 12 Exhibit K View on PACER 13 Exhibit L View on PACER 14 Exhibit M View on PACER	RECAP
19	June 12, 2020	MOTION for leave to file Brief of Amici Curiae Michigan Epidemiologists in Support of Defendants' Motion to Dismiss by amicus Amici Curiae Michigan Epidemiologists ; (Attachments: # 1 Exhibit A - Brief of Amici Curiae Michigan Epidemiologists in Support of Defendants' Motion to Dismiss) (Matz, Joshua) (Entered: 06/12/2020)	RECAP
	June 12, 2020	(NON-DOCUMENT) ATTORNEY APPEARANCE of Joshua Adam Matz on behalf of amicus Amici Curiae Michigan Epidemiologists ; party Amici Curiae Michigan Epidemiologists added (Matz, Joshua)
	June 12, 2020	(NON-DOCUMENT) ATTORNEY APPEARANCE of Raymond P. Tolentino on behalf of amicus Amici Curiae Michigan Epidemiologists (Tolentino, Raymond)
	June 12, 2020	(NON-DOCUMENT) ATTORNEY APPEARANCE of Jonathan R. Kay on behalf of amicus Amici Curiae Michigan Epidemiologists (Kay, Jonathan)
	June 12, 2020	Attorney Appearance
	June 12, 2020	(NON-DOCUMENT) ATTORNEY APPEARANCE of Mahrah Taufique on behalf of amicus Amici Curiae Michigan Epidemiologists (Taufique, Mahrah)
20	June 15, 2020	ORDER regarding Motion for Leave to File amicus brief 19 and certificate of concurrence; motion held in abeyance pending filing of certificate; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 06/15/2020)	RECAP
21	June 16, 2020	CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for leave to file Brief of Amici Curiae Michigan Epidemiologists in Support of Defendants' Motion to Dismiss 19 filed by Michigan Epidemiologists (Matz, Joshua) (Entered: 06/16/2020)	RECAP
22	June 30, 2020	RESPONSE in opposition to MOTION for leave to file Brief of Amici Curiae Michigan Epidemiologists in Support of Defendants' Motion to Dismiss 19 filed by Bahash & Company LLC, Casite Intraco LLC, Executive Property Maintenance, Inc., Intraco Corporation Inc., Midwest Carwash Association, Signature Sotheby's International Realty, Inc., William A. Shortt, D.D.S. & Therese F. Shortt, D.D.S, P.C. (Attachments: # 1 Exhibit 1) (McCarthy, Daniel) (Entered: 06/30/2020)	RECAP
23	July 2, 2020	REPLY to response to motion 19 for leave to file Brief of Amici Curiae Michigan Epidemiologists in Support of Defendants' Motion to Dismiss filed by Michigan Epidemiologists (Matz, Joshua) (Entered: 07/02/2020)	RECAP
24	July 6, 2020	MOTION for leave to file excess pages FOR RESPONSE IN OPPOSITION TO GOVERNMENT'S MOTION TO DISMISS by plaintiffs Bahash & Company LLC, Casite Intraco LLC, Executive Property Maintenance, Inc., Intraco Corporation Inc., Midwest Carwash Association, Signature Sotheby's International Realty, Inc., William A. Shortt, D.D.S. & Therese F. Shortt, D.D.S, P.C.; (Attachments: # 1 Proposed Response to Government's Motion to Dismiss, # 2 Proposed Index of Exhibits, # 3 Proposed Exhibit 1, # 4 Proposed Exhibit 2, # 5 Proposed Exhibit 3, # 6 Proposed Exhibit 4) (Richotte, Joseph) (Entered: 07/06/2020)	RECAP
25	July 8, 2020	ORDER granting 24 motion for leave to file excess pages/exceed word limitations; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 07/08/2020)	RECAP
26	July 8, 2020	RESPONSE TO MOTION to dismiss 17 filed by Bahash & Company LLC, Casite Intraco LLC, Executive Property Maintenance, Inc., Intraco Corporation Inc., Midwest Carwash Association, Signature Sotheby's International Realty, Inc., William A. Shortt, D.D.S. & Therese F. Shortt, D.D.S, P.C. (Attachments: # 1 Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (ns) (Entered: 07/09/2020)	RECAP
27	July 20, 2020	MOTION for leave to file excess pages /EXCEED WORD LIMIT by defendants Robert Gordon, Gretchen E. Whitmer; (Attachments: # 1 Exhibit 1: Defendants' Reply Brief in Support of Defendants' Motion to Dismiss, # 2 Exhibit 1 to Defendants' Reply Brief: Allen v. Whitmer, Order Denying Plaintiffs' Motion to Exclude Exhibits) (Fedynsky, John) (Entered: 07/20/2020)	RECAP
28	July 31, 2020	ORDER granting 27 motion for leave to file excess pages/exceed word limits; the Clerk of Court shall accept the proposed document for filing; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 07/31/2020)	RECAP
29	July 31, 2020	REPLY to response to motion 17 filed by Robert Gordon, Gretchen E. Whitmer (Attachments: # 1 Exhibit 1) (ns) (Entered: 08/03/2020)	RECAP
30	Sept. 29, 2020	MOTION to withdraw as attorney Raymond P. Tolentino by movant Michigan Epidemiologists; (Tolentino, Raymond) (Entered: 09/29/2020)	RECAP
31	Nov. 12, 2020	STATUS REPORT ORDER; status report due by 12/1/2020 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 11/12/2020)	RECAP
32	Dec. 1, 2020	JOINT STATUS REPORT submitted for filing by defendants Robert Gordon, Gretchen E. Whitmer (Fedynsky, John) (Entered: 12/01/2020)	RECAP
33	Dec. 1, 2020	PROPOSED STIPULATION and ORDER Dismissing Case Without Prejudice and Without Costs by defendants Robert Gordon, Gretchen E. Whitmer (Fedynsky, John) (Entered: 12/01/2020)	RECAP
34	Dec. 2, 2020	STIPULATION AND ORDER of dismissal; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 12/02/2020)	RECAP

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Case Details

State / Territory:

Michigan

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 28, 2020

Closing Date: Dec. 2, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Seven Michigan businesses

Plaintiff Type(s):

Closely-held (for profit) corporation

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Director of the State of Michigan Department of Health and Human Services

Governor of the State of Michigan

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

State law

Constitutional Clause(s):

Commerce Power

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Other Dockets:

Western District of Michigan 1:20-cv-00360

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None

Source of Relief:

None

Recommended Citation

Case Summary of Signature Sothbeys International Realty, Inc. v. Whitmer, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/17577/ (last updated 7/12/2020).