Vanguard 071317

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1 UNITED STATES DISTRICT COURT
2 CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION
3 HONORABLE GEORGE WU
4 UNITED STATES DISTRICT JUDGE PRESIDING
5 - - -
6
Vanguard Medical Management )
7 Billing, Inc., et al., )
PLAINTIFF, )
8 )
VS. ) NO. CV 17-965 GW
9 )
Christine Baker, et al., )
10 DEFENDANT, )
___________________________________)
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14 REPORTER'S TRANSCRIPT OF PROCEEDINGS
15 LOS ANGELES, CALIFORNIA
16 MONDAY, JULY 13, 2017
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19 _____________________________________
20 KATIE E. THIBODEAUX, CSR 9858

U.S. Official Court Reporter
21 312 North Spring Street, #436
Los Angeles, California 90012
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

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1 APPEARANCES OF COUNSEL:
3 FOR PLAINTIFF:
4 ARMENTA LAW FIRM APC

BY: M. CRIS ARMENTA
5 -and- ISMAEL BAUTISTA
1230 Rosecrans Avenue
6 Suite 300
Manhattan Beach, CA 90266
7
9 FOR PLAINTIFF GOODRICH::
10 SULMEYERKUPETZ APC
BY: MARK S. HOROUPIAN
11 333 South Hope Street
Suite 3500
12 Los Angeles, CA 90071
13
14
15 FOR DEFENDANT:
16 CAAG - OFFICE OF ATTORNEY GENERAL

BY: AMIE L. MEDLEY
17 -and- MARK BECKINGTON
California Department of Justice
18 300 South Spring Street
Suite 1702
19 Los Angeles, CA 90013
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1 LOS ANGELES, CALIFORNIA; MONDAY, JULY 13, 2017
2 10:14 A.M.
3 - - - - -
6 THE COURT: Let me call the matter of Vanguard
7 versus Baker.
8 MS. ARMENTA: Good morning, your Honor. Chris
9 Armenta on behalf of the Vanguard plaintiffs and moving
10 parties.
11 THE COURT: All right.
12 MR. BAUTISTA: Good morning, your Honor. Ismael
13 Bautista on on behalf of Vanguard Medical.
14 Just so your Honor knows, I also have Saman
15 Rajay(Phon.) in the audience. She is a legal clerk from
16 Germany who is going to just witness the proceedings.
17 THE COURT: So I shouldn't get mad at you because
18 that would make a bad impression. Is that why you have
19 her here kind of like protection?
20 (Laughter.)
21 MR. BAUTISTA: Just a heads up.
22 THE COURT: All right. I don't think it will
23 work, but what can I say.
24 MR. HOROUPIAN: Good morning, your Honor. Mark
25 Haroupian of SulmeyerKupletz on behalf of David Goodrich,

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1 the Chapter 11 bankruptcy trustee for Allied Injury
2 Management.
3 MR. GOODRICH: And good morning, your Honor.
4 David Goodrich, Chapter 11 trustee.
5 THE COURT: Okay. And for defense?
6 MS. MEDLEY: Good morning, your Honor. I am
7 Deputy Attorney General Amy Medley for the defendants.
8 MR. BECKINGTON: Good morning, your Honor. Mark
9 Beckington, Supervising Deputy Attorney General.
10 THE COURT: All right. We are here on the motion
11 for preliminary injunction. I have issued a tentative on
12 this. I presume both sides have seen it and read it?
13 MS. MEDLEY: Yes, your Honor.
14 MR. BAUTISTA: Yes, your Honor.
15 THE COURT: Somebody want to argue something?
16 MS. ARMENTA: Thank you, your Honor. Chris
17 Armenta on behalf of the plaintiffs.
18 Thank you so much for taking the time to make
19 us understand, frankly, how well this court understands
20 the area of worker's comp.
21 THE COURT: I got reversed a little bit on the
22 other one.
23 MS. ARMENTA: I am aware of that, but it seems
24 like it has even come a long way since then I must say.
25 And I think we got really lucky here because I think this

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1 is a very difficult and complex field. So we really do
2 appreciate the care in that regard.
3 I will say, just as a preview, that I
4 understand and accept the court's concerns and points it
5 made with respect to the stated evidence on []Dr. Eng's
6 Sixth Amendment claim and on the contract claim. I can
7 only say that there were reasons that more evidence was
8 not submitted in that regard. But that doesn't mean that
9 those motions in those regards might not be reviewed at
10 some later point. But I do understand and appreciate the
11 court's concerns.
12 The only part of the tentative that I would
13 like to point out to the court, that I think, you know,
14 might take another look is the area concerning the
15 substance of due process and retroactivity starting on
16 Page 20. And that is because the main crux of that is
17 based on a rational basis review, and this may be a fault
18 of mine in the briefing only because I couldn't predict
19 that the court would grasp worker's comp so well, I
20 probably would have allotted my pages differently.
21 But I will say with respect to the issue that
22 we are dealing with here which is access to the courts.
23 I believe that is a fundamental interest along with the
24 right to travel, the right to vote, and as such, that
25 analysis ought to be afforded strict scrutiny and not

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1 rational basis scrutiny. And I think that started at
2 early as the Warren court.
3 THE COURT: But it is not really access to the
4 court per se. It is -- there is an administrative set up
5 that has been established for worker's comp, and it is
6 not so much because, obviously, your client is here
7 because nobody is denying them access to the courts. But
8 there is a question as to whether or not if the state
9 sets up a system whereby worker's comp claims are
10 processed, if they do certain things as to that, is that
11 access to the courts. I don't know.
12 MS. ARMENTA: Yes, it is, your Honor.
13 THE COURT: Well, let me hear -- I understand your
14 argument. Let me hear a response to it from the defense.
15 Do you concede that it is an access to the
16 courts issue at that point?
17 MS. MEDLEY: Your Honor, I honestly haven't really
18 thought about.
19 THE COURT: Is that because she didn't raise it
20 and articulate that in her brief. That is why you are
21 blaming her. She already fell on her sword for that,
22 though.
23 MS. MEDLEY: That is correct, your Honor. I had
24 not been thinking of this in terms of access to the
25 courts because I didn't really interpret the briefs to be

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1 making that argument.
2 MS. MEDLEY: But, yes, your Honor, I hadn't really
3 thought about it in that context.
4 THE COURT: All right.
5 MS. ARMENTA: Let me just explain a little bit,
6 your Honor, that is the state has set up an entire system
7 where if you serve a patient and don't get paid, the only
8 remedy, as the court pointed out, is in the courts within
9 the worker's compensation system. It set up an
10 alternative judicial system, be it administrative or
11 however you want to describe it. And the cases that we
12 did cite that talk about worker's compensation and the
13 set up acknowledge that it is essentially a judicial
14 system and within that system.
15 THE COURT: Well, no. Because I mean there is a
16 separate judicial system, and if you are unhappy with
17 what happens there, at that point in time, you can get
18 access to the judicial system. So that is the reason I
19 am saying that it is not, to my mind, per se, a denial of
20 the access to the judicial system.
21 What it is is a situation where they have set
22 up this manner which the claims are processed, and if
23 your claim, if you are not happy on one level, then you
24 go to another level. And if you are unhappy with that
25 level, then it goes to the board, and, eventually, if you

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1 are not happy with what the board does, then it is a
2 basis to go to the courts.
3 MS. ARMENTA: That's right. But what your Honor
4 said is very important. If you go there and you get a
5 result and you are not happy, what []4615 does is you
6 don't even get in the front door.
7 THE COURT: Well, I mean, that is -- but I would
8 consider that more of a procedural process issue rather
9 than a substantive due process issue.
10 MS. ARMENTA: Well, I don't know, your Honor.
11 Access to the court, suppose we post a bailiff outside
12 this courtroom and say if you have been charged with a
13 crime in another matter, you may not come in. That seems
14 like access to the courts, and substantive due process to
15 me.
16 THE COURT: But that is not what we have here.
17 MS. ARMENTA: It is. It is. What is happening is
18 that as the hearing reps go down, if the doctor or
19 someone related to them or even the wrong name is on the
20 list, they are told that they may not be heard.
21 THE COURT: That actually goes to, again, to what
22 I focus more on in the procedural due process issue
23 because the question I have and I do because the defense
24 consistently says at some points that there is some sort
25 of procedural avenue, and I can't figure out what exactly

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1 they are talking about. So I mean, if there is a
2 procedural avenue, then, as you would put it, there is
3 not necessarily somebody standing outside the door
4 barring because there is an avenue by which you can get
5 around it.
6 But I am waiting. That is why I want to hear
7 from the defense what they are claiming is, what exactly
8 is the procedural avenue that persons such as the
9 plaintiffs here have a means by which they can raise the
10 matter?
11 MS. ARMENTA: I will wait my turn until after
12 that, then, your Honor.
13 THE COURT: Okay. All right.
14 MS. MEDLEY: Thank you, your Honor.
15 We did have a chance to review the tentative,
16 and we appreciate the opportunity as your Honor has
17 suggested to provide some additional briefing on this
18 issue of procedural due process.
19 We think that there is sufficient process here
20 between the preexisting procedures in the worker's
21 compensation court to allow lien claimants to raise these
22 issues, and we would definitely --
23 THE COURT: Well, but, no. I mean, that is what
24 I -- let's put it this way, it seems to me that everybody
25 assumes that the statute creates a bar. In other words,

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1 you know, you could look at it, at the language and say,
2 well, even though it says any lien filed by or on behalf
3 of a physician or a provider, et cetera, et cetera, shall
4 be automatically stayed upon the filing of criminal
5 charges against that physician or provider for an offense
6 involving fraud, you know, one doesn't necessarily say
7 that that means that every single claim provided by the
8 provider is stayed.
9 But it seems that everybody is interpreting it
10 that way. And so if everybody else is interpreting it
11 that way, then I can say, okay, apparently, everybody
12 accepts that that is the way that you would view the
13 statute. But I don't necessarily view the statute as
14 necessarily demanding that. But nobody is making that
15 argument. So that is one aspect.
16 So if one assumes that as everybody else is
17 arguing that it is an absolute bar, then, I don't
18 understand how in the way of -- if we have one of these
19 providers, that they can do anything because once they go
20 into the attempt to argue it, the response from the court
21 or the worker's compensation board is that you are
22 barred. That is the response.
23 Where do they get an opportunity to make an
24 argument?
25 MS. MEDLEY: Your Honor, I think you made an

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1 excellent point in the tentative about what the meaning
2 of the stay is and how it applies, and that is something
3 I would really like to address in the initial briefing
4 that you have suggested because I think that is
5 important. I think our position is --
6 THE COURT: Let me just ask, no offense, but
7 didn't you think that this would be the issue? That when
8 this thing was enacted that this would be the problem?
9 MS. MEDLEY: Your Honor, I am not -- you know, I
10 have been involved since the litigation was filed. I
11 can't speak for what the audit DIR --
12 THE COURT: Okay. Well, let me ask you, then,
13 when can you get me the briefing on this?
14 MS. MEDLEY: If your Honor could give me
15 two weeks, I would greatly appreciate it.
16 THE COURT: Actually, this is what I will also do.
17 I will allow counsel for the plaintiff, within the next
18 let's say three days, or, actually, by next Tuesday, to
19 give you also -- she said something about her substantive
20 due process argument. I will allow her to present it at
21 that point since she said she did not present it
22 sufficiently. I will allow her to present it at that
23 point.
24 And I will give you two weeks thereafter to
25 respond to her point and also to respond to the court's

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1 point as to what is the procedural due process because
2 one of the arguments that the defense does make is that
3 there is no procedural due process rights here, and I
4 would disagree with that because you say that there is
5 not a sufficient interest. And I find that there clearly
6 is. So that aspect is dealt with.
7 But once the court finds that there is a
8 sufficient interest, then the question is what is the
9 procedural avenue that the providers have to somehow
10 challenge it in some way, shape or form other than simply
11 saying that coming in here to court and saying, well, the
12 entire statute is defective because it doesn't have this
13 aspect. So we will see.
14 MS. MEDLEY: Yes, your Honor.
15 THE COURT: Does this make this argument really
16 really short now?
17 MS. ARMENTA: Yes.
18 THE COURT: So it served some purpose.
19 All right. Does anybody else want to argue
20 anything else that is contained in the tentative?
21 MS. ARMENTA: Your Honor, concerning the procedure
22 the court set out, I didn't have a chance to address
23 that. And there is two things. I predicted that this
24 would extend the process hopefully after the issuance of
25 the preliminary injunction since the state hasn't even

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1 given as much of an oral offer of proof as to what
2 procedural due process it provides. In fact, as it is
3 stated in our papers --
4 THE COURT: Are you asking me to issue some sort
5 of preliminary injunctive relief now? The answer is no.
6 MS. ARMENTA: I was hoping that would be the case,
7 but so here is my concern about the two weeks and so
8 forth, and I think Mr. Goodrich will have something to
9 say about this as well, the extending the process. And
10 the fact is that there is strong evidence, and we can
11 bring it to show exactly what is happening down at those
12 courts to the hearing reps. So to the extent that the
13 state has an opportunity to suggest what they think is
14 happening, we would like that same opportunity.
15 I think it would be very informative to the
16 court. One other way to possibly shortcut the issue, and
17 I already discussed it with the Deputy AG outside this
18 morning is instead of briefing the issue is perhaps even
19 conducting a live hearing and having the people who are
20 on the ground explain to the court exactly what is
21 happening, what happens when they walk into a courtroom.
22 THE COURT: Well, the problem is you brought a
23 facial challenge. You haven't brought an as-applied
24 challenge so therefore there is a problem there. If it
25 is facial, why do I want to hear particular instances of

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1 what happens because, again, that is not your argument.
2 Your argument is brought on the face of the statute, not
3 as it is applied.
4 MS. ARMENTA: Fair enough, your Honor. Then we
5 will submit our substantive due process supplemental
6 brief in three days. And then I assume we will not have
7 an opportunity, or will we, to respond to the state's
8 showing?
9 THE COURT: No. I want you to respond since they
10 are going to be -- I will give you a chance to respond as
11 well, but I won't give you two weeks. I will give you a
12 week to respond.
13 MS. ARMENTA: That is fine, your Honor.
14 THE COURT: So three days from today. So Tuesday
15 would be the 18th, you are going to provide by noon to
16 the defense counsel any further on your substantive due
17 process argument. They will have two weeks. So that
18 would be the 8th of August would be a -- their response
19 by noon. And then by noon on the 15th, you are going to
20 give me your response to their response. And I will put
21 this matter back for hearing on the 24th of August. And
22 we will see where we go from there.
23 MS. ARMENTA: I think Mr. Goodrich might have
24 wanted to say something about the urgency bit. Maybe
25 not.

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1 MR. GOODRICH: I would be happy to speak about it.
2 It sounds like --
3 MS. ARMENTA: I think we're fine. Okay.
4 THE COURT: Okay.
5 MS. ARMENTA: Thank you, your Honor.
6 THE COURT: Anything else from the defense?
7 MS. MEDLEY: Your Honor, one other matter, the
8 responsive pleading for the defendants is due one week
9 from tomorrow, and I discussed this with opposing counsel
10 and we wondered if it would be possible to push that out
11 further.
12 THE COURT: Sure. Let's put it this way, until we
13 resolve the preliminary injunction aspect, why don't we
14 hold off on responding because, again, part of the
15 responses are going to be incorporated into what you are
16 filing anyway and depending on how the court ultimately
17 rulings, then you know you can get a better sense of how
18 to respond. I presume there is no objection from the
19 plaintiffs on that. Okay.
20 All right. So I will see you guys back here
21 on the 24th. Have a very nice rest of July and beginning
22 of August, and, hopefully, it will get cooler.
23 MS. ARMENTA: Thank you, your Honor.
24 (Proceedings concluded.)
25

1 CERTIFICATE
4 I hereby certify that pursuant to Section 753, Title 28,
5 United States Code, the foregoing is a true and correct
6 transcript of the stenographically reported proceedings held
7 in the above-entitled matter and that the transcript page
8 format is in conformance with the regulations of the
9 Judicial Conference of the United States.
10 Date: August 9, 2017
11
12 /s/ Katie Thibodeaux, CSR No. 9858, RPR, CRR
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9/13 12/19 15/20 4/17 10/2
Allied [1] 4/1 believe [1] 5/23
MR. BAUTISTA: [3] 3/11 3/20 allotted [1] 5/20 better [1] 15/17
4/13 allow [4] 9/21 11/17 11/20 between [1] 9/20
MR. BECKINGTON: [1] 4/7 11/22 Billing [1] 1/7
MR. GOODRICH: [2] 4/2 14/25 along [1] 5/23 bit [3] 4/21 7/5 14/24
MR. HOROUPIAN: [1] 3/23 already [2] 6/21 13/17 blaming [1] 6/21
MS. ARMENTA: [18] also [4] 3/14 11/16 11/19 board [3] 7/25 8/1 10/21
MS. MEDLEY: [11] 11/25 both [1] 4/12
THE COURT: [30] alternative [1] 7/10 brief [2] 6/20 14/6
- am [5] 4/6 4/23 7/19 9/6 briefing [5] 5/18 9/17 11/3
11/9 11/13 13/18
-and [2] 2/5 2/17 Amendment [1] 5/6 briefs [1] 6/25
/ AMIE [1] 2/16 bring [1] 13/11
Amy [1] 4/7 brought [3] 13/22 13/23 14/2
/s [1] 16/12 analysis [1] 5/25
1 ANGELES [5] 1/15 1/21 2/12 C
2/19 3/1 CA [3] 2/6 2/12 2/19
10:14 [1] 3/2 another [3] 5/14 7/24 8/13 CAAG [1] 2/16
11 [2] 4/1 4/4 answer [1] 13/5 CALIFORNIA [5] 1/2 1/15 1/21
1230 [1] 2/5 any [2] 10/2 14/16 2/17 3/1
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17-965 [1] 1/8 15/6 can't [2] 8/25 11/11
1702 [1] 2/18 anyway [1] 15/16 care [1] 5/2
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2 apparently [1] 10/11 cases [1] 7/11
APPEARANCES [1] 2/1 CENTRAL [1] 1/2
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2017 [3] 1/16 3/1 16/10 applies [1] 11/2 CERTIFICATE [1] 16/1
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28 [1] 16/4 11/15 cetera [2] 10/3 10/3
3 are [21] challenge [3] 12/10 13/23
area [2] 4/20 5/14 13/24
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312 [1] 1/21 arguing [1] 10/17 Chapter [2] 4/1 4/4
333 [1] 2/11 argument [9] charged [1] 8/12
3500 [1] 2/11 arguments [1] 12/2 charges [1] 10/5
4 ARMENTA [4] 2/4 2/4 3/9 4/17 Chris [2] 3/8 4/16
around [1] 9/5 Christine [1] 1/9
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4615 [1] 8/5 as [20] claim [4] 5/6 5/6 7/23 10/7
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7 ask [2] 11/6 11/12 claiming [1] 9/7
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8 15/13 clerk [1] 3/15
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90266 [1] 2/6 August [4] 14/18 14/21 15/22 9/21 10/21
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avenue [6] 2/5 8/25 9/2 9/4 concern [1] 13/7
A 9/8 12/9 concerning [2] 5/14 12/21
A.M [1] 3/2 aware [1] 4/23 concerns [2] 5/4 5/11
about [10] concluded [1] 15/24
above [1] 16/7 B conducting [1] 13/19
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11/18 barring [1] 9/4 cooler [1] 15/22
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address [2] 11/3 12/22 basis [3] 5/17 6/1 8/2 could [2] 10/1 11/14
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AG [1] 13/17 because [19] court [17]
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al [2] 1/7 1/9 beginning [1] 15/21 courts [9]
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C F Hope [1] 2/11
hopefully [2] 12/24 15/22
crime [1] 8/13 face [1] 14/2 hoping [1] 13/6
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figure [1] 8/25
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frankly [1] 4/19 instead [1] 13/18
definitely [1] 9/22 interest [3] 5/23 12/5 12/8
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further [2] 14/16 15/11 involved [1] 11/10
Department [1] 2/17 involving [1] 10/6
depending [1] 15/16 is [97]
Deputy [3] 4/7 4/9 13/17 G
ISMAEL [2] 2/5 3/12
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did [3] 7/12 9/15 11/21 GEORGE [1] 1/3 issue [10]
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12/22 get [10] issues [1] 9/22
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DISTRICT [3] 1/1 1/2 1/4 goes [2] 7/25 8/21 judicial [6] 7/10 7/13 7/16
DIVISION [1] 1/2 going [5] 3/16 14/10 14/15 7/18 7/20 16/9
do [9] 14/19 15/15 JULY [3] 1/16 3/1 15/21
doctor [1] 8/18 good [6] 3/8 3/12 3/24 4/3 just [6] 3/14 3/16 3/21 5/3
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12/19 GOODRICH [5] 2/9 3/25 4/4 Justice [1] 2/17
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Dr. [1] 5/5 guys [1] 15/20 10/6 11/9 15/17
Dr. Eng's [1] 5/5 GW [1] 1/8 knows [1] 3/14
due [12] L
H
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early [1] 6/2 hadn't [1] 7/2 later [1] 5/10
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12/20 15/6 13/14 13/21 LAW [1] 2/4
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13/20 11/19 11/20 11/22 11/25 lucky [1] 4/25
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M P REPORTER'S [1] 1/14
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Management [2] 1/6 4/2 paid [1] 7/7 respond [7] 11/25 11/25 14/7
Manhattan [1] 2/6 papers [1] 13/3 14/9 14/10 14/12 15/18
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Medical [2] 1/6 3/13 11/17 right [10]
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Mr. [2] 13/8 14/23 predicted [1] 12/23 saying [3] 7/19 12/11 12/11
Mr. Goodrich [2] 13/8 14/23 preexisting [1] 9/20 says [2] 8/24 10/2
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one [10] Q
Sixth [1] 5/6
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one doesn't [1] 10/6 R
12/10 12/18 13/4
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S 13/7 14/11 14/17
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12/12 14/2 U
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Suite [3] 2/6 2/11 2/18 3/13
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Sure [1] 15/12
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11/1 12/20 we [23]
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Thank [5] 4/16 4/18 9/14 weeks [5] 11/15 11/24 13/7
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that [104] well [13]
That's [1] 8/3 were [1] 5/7
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14/14 6/9 7/9 7/12 9/20 10/21
time [2] 4/18 7/17 would [22]
Title [1] 16/4 wrong [1] 8/19
today [1] 14/14 WU [1] 1/3
told [1] 8/20 Y
tomorrow [1] 15/9
transcript [3] 1/14 16/6 yes [6] 4/13 4/14 6/12 7/2
16/7 12/14 12/17
travel [1] 5/24 you [53]
true [1] 16/5 your [37]
trustee [2] 4/1 4/4
Tuesday [2] 11/18 14/14
turn [1] 9/11
two [6] 11/15 11/24 12/23

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1

1 UNITED STATES DISTRICT COURT

2 CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION

4 UNITED STATES DISTRICT JUDGE PRESIDING

14 REPORTER'S TRANSCRIPT OF PROCEEDINGS

15 LOS ANGELES, CALIFORNIA

16 MONDAY, JULY 13, 2017

20 KATIE E. THIBODEAUX, CSR 9858

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

4 ARMENTA LAW FIRM APC

9 FOR PLAINTIFF GOODRICH::

16 CAAG - OFFICE OF ATTORNEY GENERAL

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

1 LOS ANGELES, CALIFORNIA; MONDAY, JULY 13, 2017

6 THE COURT: Let me call the matter of Vanguard

8 MS. ARMENTA: Good morning, your Honor. Chris

9 Armenta on behalf of the Vanguard plaintiffs and moving

11 THE COURT: All right.

12 MR. BAUTISTA: Good morning, your Honor. Ismael

13 Bautista on on behalf of Vanguard Medical.

14 Just so your Honor knows, I also have Saman

15 Rajay(Phon.) in the audience. She is a legal clerk from

16 Germany who is going to just witness the proceedings.

17 THE COURT: So I shouldn't get mad at you because

18 that would make a bad impression. Is that why you have

19 her here kind of like protection?

21 MR. BAUTISTA: Just a heads up.

22 THE COURT: All right. I don't think it will

23 work, but what can I say.

24 MR. HOROUPIAN: Good morning, your Honor. Mark

25 Haroupian of SulmeyerKupletz on behalf of David Goodrich,

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

1 the Chapter 11 bankruptcy trustee for Allied Injury

3 MR. GOODRICH: And good morning, your Honor.

4 David Goodrich, Chapter 11 trustee.

5 THE COURT: Okay. And for defense?

6 MS. MEDLEY: Good morning, your Honor. I am

7 Deputy Attorney General Amy Medley for the defendants.

8 MR. BECKINGTON: Good morning, your Honor. Mark

9 Beckington, Supervising Deputy Attorney General.

10 THE COURT: All right. We are here on the motion

11 for preliminary injunction. I have issued a tentative on

12 this. I presume both sides have seen it and read it?

13 MS. MEDLEY: Yes, your Honor.

14 MR. BAUTISTA: Yes, your Honor.

15 THE COURT: Somebody want to argue something?

16 MS. ARMENTA: Thank you, your Honor. Chris

17 Armenta on behalf of the plaintiffs.

18 Thank you so much for taking the time to make

19 us understand, frankly, how well this court understands

20 the area of worker's comp.

21 THE COURT: I got reversed a little bit on the

23 MS. ARMENTA: I am aware of that, but it seems

25 And I think we got really lucky here because I think this

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

1 is a very difficult and complex field. So we really do

2 appreciate the care in that regard.

3 I will say, just as a preview, that I

4 understand and accept the court's concerns and points it