Case 3:14-cv-03264-JD Document 1404 Filed 11/22/16 Page 1 of 14
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`BEFORE THE HONORABLE JAMES DONATO
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`IN RE: CAPACITORS ANTITRUST
`)
`LITIGATION,
` ) No. C 14-3264 JD
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` ) San Francisco, California
` ) Thursday
`___________________________________) November 10, 2016
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`TRANSCRIPT OF PROCEEDINGS
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`APPEARANCES:
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`For Indirect COTCHETT PITRE AND McCARTHY, LLP
`Purchaser Plaintiffs: 840 Malcolm Road
` Suite 200
` Burlingame, California 94010
` BY: STEVEN N. WILLIAMS, ESQ.
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`For Direct JOSEPH SAVERI LAW FIRM, INC.
`Purchaser Plaintiffs: 505 Montgomery Street
` Suite 1210
` San Francisco, California 94111
` BY: JOSEPH R. SAVERI, ESQ.
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`For Defendant GIBSON, DUNN & CRUTCHER
`NEC Tokin: 555 Mission Street
` Suite 3000
` San Francisco, California 94105
` BY: GEORGE NICOUD, ESQ.
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`(APPEARANCES CONTINUED ON FOLLOWING PAGE)
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`CRR, RMR, RPR
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`Reported By: Debra L. Pas, CSRReported By: Debra L. Pas, CSRReported By: Debra L. Pas, CSR 11916 11916 11916 11916, , , , CRR, RMR, RPRReported By: Debra L. Pas, CSR CRR, RMR, RPRCRR, RMR, RPR
` Official Reporter - US District Court
` Computerized Transcription By Eclipse
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
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` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
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` (415) 431-1477 (415) 431-1477
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`Case 3:14-cv-03264-JD Document 1404 Filed 11/22/16 Page 2 of 14
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`APPEARANCES: (CONTINUED)
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`For Defendant BAKER & McKENZIE
`Okaya Electric: Two Embarcadero Center, 24th floor
` New York, New York 10018
` BY: DARRELL PRESCOTT, ESQ.
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`For Defendant LATHAM & WATKINS, LLP
`Nitsuko Electronics: 505 Montgomery Street
` Suite 2000
` San Francisco, California 94111
` BY: BELINDA S. LEE, ESQ.
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`For Defendant O'MELVENY & MYERS, LLP
`Rohm Semiconductor: Two Embarcadero Center
` 28th Floor
` San Francisco, California 94111
` BY: MICHAEL TUBACH, ESQ.
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`For Defendant MORRISON AND FOERSTER LLP
`Fujitsu, Ltd. 425 Market Street
` San Francisco, California 94105
` BY: DEREK FORAN, ESQ.
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` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
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`Case 3:14-cv-03264-JD Document 1404 Filed 11/22/16 Page 3 of 14
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` P R O C E E D I N G S
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`NOVEMBER 10, 2016
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`10:59 A.M.
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`THE CLERK: Calling Civil 14-3264, In Re Capacitors
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`Antitrust Litigation.
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`Counsel?
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`MR. WILLIAMS: Good morning, your Honor. Steve
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`Williams for the Indirect Purchaser Plaintiffs.
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`MR. SAVERI: Good morning, your Honor. Joseph Saveri
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`on behalf of the Direct Purchaser Plaintiffs.
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`MR. NICOUD: Good morning, your Honor. Trey Nicoud
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`for defendant NEC Tokin.
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`MR. PRESCOTT: And Darrell Prescott for the Okaya
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`defendants.
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`MS. LEE: Good morning, your Honor. Belinda Lee on
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`behalf of the defendant Nitsuko Electronics.
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`MR. TUBACH: Good morning, your Honor. Michael
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`Tubach on behalf of the Rohm defendants.
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`MR. FORAN: Good morning, your Honor. Derrick Foran
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`for Fujitsu, Limited.
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`THE COURT: Okay. Come on up.
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`So the idea now is you're going to do each one of these as
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`free-standing packages, right? Get all the fees done and
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`everything done at the same time?
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`MR. SAVERI: Yes. We heard you loud and clear last
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`time. So our plan is for each -- for each tranche of
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
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`Case 3:14-cv-03264-JD Document 1404 Filed 11/22/16 Page 4 of 14
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`settlements, to have them kind of self-contained units.
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`So that means a notice program, which will include an
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`application for attorney's fees, will be a specific application
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`for costs and we will continue to do that until we're done.
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`THE COURT: And the only thing that -- that all
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`sounds fine to me, but I think Mr. Williams said: Well, maybe
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`we can save money by doing one round of notice, but --
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`MR. WILLIAMS: Your Honor --
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`THE COURT: Is that your idea?
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`MR. WILLIAMS: No. I think it was --
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`THE COURT: One round of claims?
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`MR. WILLIAMS: Yes. And the rationale for that --
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`THE COURT: Ah, okay.
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`MR. WILLIAMS: -- that cost is going to be the same
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`whether we do it for this round or whether we do it later when
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`there are more recoveries.
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`THE COURT: So you want to just warehouse the money?
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`MR. WILLIAMS: We think it would be more -- it would
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`save money essentially because we would be spending less to get
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`the money to the class members rather than doing it multiple
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`times.
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`THE COURT: We do notice. We let opt-outs happen.
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`We have a final approval hearing. We would have a separate fee
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`motion. And then people just would not get their checks until
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`the whole case is resolved, is that --
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
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`Case 3:14-cv-03264-JD Document 1404 Filed 11/22/16 Page 5 of 14
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`MR. WILLIAMS: Not necessarily the whole case. So
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`if, for example, there were more settlements that become final
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`next year, then it might be the appropriate time to process
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`those.
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`THE COURT: I see.
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`MR. WILLIAMS: It doesn't have to wait til the end,
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`but we just think if the estimate is $200,000 to process that,
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`it makes more sense to spend that $200,000 once than --
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`THE COURT: I agree. I like that.
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`What do you think?
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`MR. SAVERI: So, your Honor, to me, it's really a
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`trade-off or a judgment call between the value of getting
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`dollars in the hands of claimants sooner, which there is a
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`value to that.
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`THE COURT: Well, let me just jump in. I assume this
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`will be -- typically this money is invested and there are --
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`you know, you make some attempt to get a reasonable rate of
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`return, that kind of thing. It's not going to be an interest
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`free --
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`MR. SAVERI: No. We're not going to bury it in the
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`backyard and then dig it up when we're ready.
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`But the --
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`THE COURT: There may be other reasons to do that,
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`but...
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`MR. SAVERI: Well, I didn't think we were going to
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
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` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
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`Case 3:14-cv-03264-JD Document 1404 Filed 11/22/16 Page 6 of 14
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`talk about Tuesday today.
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`THE COURT: No, no, no. I didn't say a word about
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`that. I want to be very clear, I said nothing about that.
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`MR. SAVERI: The great thing about -- I don't know
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`if we have enough -- at least from my perspective, have enough
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`time.
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`But I think we do have an interest in getting dollars in
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`hands of claimants. We want to do it in an efficient way. We
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`share Mr. Williams' concern that we don't want to blow all the
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`money, frankly, on administration when we could do it more
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`efficiently.
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`THE COURT: So are you disagreeing?
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`MR. SAVERI: No. I think we may have a slightly
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`different view based on the differences in the direct and
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`indirect purchaser class. We have a smaller group of people.
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`Our administrative -- or entities really. We have a smaller
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`administrative burden in processing those claims.
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`And so all I'm really saying is we -- we may end up in
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`different places based on our calculation about what's the best
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`way to spend the money.
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`THE COURT: Well, what do you estimate your costs to
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`be, claim administration costs?
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`MR. SAVERI: Well, we think that our current
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`estimate for a distribution to something is -- approximates
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`what Mr. Williams said, a couple hundred thousand dollars.
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
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`Case 3:14-cv-03264-JD Document 1404 Filed 11/22/16 Page 7 of 14
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`We have --
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`THE COURT: If that's true then, I mean, so
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`Mr. Williams thinks you will save money on that. Why will we
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`not achieve the same savings?
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`MR. SAVERI: The only -- well, because we -- of the
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`way we have set up the claims program, we will basically
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`finalize the amount of the claims that we can use for pro rata
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`distribution early in the process. We're going to be spending
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`resources up front to get that right. Once we have that kind
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`of done, it will make it easier to do it repeatedly.
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`But, again, Judge, I really think it's a judgment call
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`about whether -- the value of getting money back into the hands
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`of injured people.
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`THE COURT: Well, you're class counsel. What do you
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`want to do? Do you want to do it that way?
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`MR. SAVERI: I would like to have the ability to do
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`it soon.
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`THE COURT: That's fine.
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`MR. SAVERI: But I think the way it would work, your
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`Honor, is I think it's appropriate to have the flexibility to
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`do that. We would not come back and do the distribution
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`until --
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`THE COURT: I get that. Just to jump in. My only
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`concern is class members -- I don't want there to be tranches
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`where the rules change. I mean, I just want just adopt one
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
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`Case 3:14-cv-03264-JD Document 1404 Filed 11/22/16 Page 8 of 14
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`thing. Make it easy on the class members, okay?
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`So if you're going to do it that way, then do it the whole
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`way through. Okay? I don't want to do: Okay, this time we're
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`going to wait. Next time we're not. Next time we're not. The
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`fourth time we're going to wait.
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` Just pick one. I am fine either way. Okay? I mean, you
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`know, you're the shepherd of class counsel, making sure the
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`money is not wasted. So if you decide that, you know, this is
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`not going to be a big waste, then that's fine. Let's just
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`stick with it the whole way through.
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`MR. SAVERI: That's fine, your Honor. I would just
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`say that, you know, I think it's important for people who do
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`Rule 23 cases to be able to make sure that the people who
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`participate in them feel like they are getting real benefits in
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`a timely way and so one of those ways is to actually get a
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`check. So it's important to me to be able to do that sooner
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`rather than later.
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`THE COURT: I agree with that. It's just I don't
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`want that to be at the expense of tripling the admin fees
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`though. That's all.
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`MR. SAVERI: I hear you, your Honor. We have no
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`interest in multiplying that unnecessarily.
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`THE COURT: All right. So I'll let you two -- just
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`pick one. If it's different, that's fine. Because you're
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`different classes, that's fine.
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
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`Case 3:14-cv-03264-JD Document 1404 Filed 11/22/16 Page 9 of 14
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`MR. SAVERI: Right.
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`THE COURT: But let's do that.
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`And then everything else has been fixed, right?
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`MR. SAVERI: Yes.
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`THE COURT: You're going to take your fees out.
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`You're going to take your costs out. We're going to go through
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`the whole thing on a set-by-set basis.
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`MR. WILLIAMS: Yes, your Honor. And what we have
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`done is we put in the absolute most it could ever be. We hope
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`it would be less, but at least we're giving the members notice
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`of the highest amount that could come out.
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`MR. SAVERI: There was a typo in my notice about the
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`total amount of fee, though, that I wanted to bring to the
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`Court's attention.
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`THE COURT: Oh, a typo. Docket number is 1378.
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`MR. SAVERI: Yes. Paragraph 19 of the notice.
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`THE COURT: Oh, okay.
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`MR. SAVERI: So we are asking for 25 -- we will ask
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`for 25 percent of the settlement pursuant to the Court's
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`benchmark. We did the math. Instead of it being 8,162,500, if
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`you do the math correctly, it's 8,150,000. So we made an error
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`and we apologize for the confusion, but we need to correct
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`that.
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`THE COURT: That's fine. We'll just fix that. Okay.
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`I'm not going to do that. You're going to have to do that.
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
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` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
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` (415) 431-1477 (415) 431-1477
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`Case 3:14-cv-03264-JD Document 1404 Filed 11/22/16 Page 10 of 14
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`That's fine. I appreciate that.
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`All right. Anything else on settlement?
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`MR. SAVERI: No.
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`MR. WILLIAMS: No, your Honor.
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`THE COURT: Defendants?
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`MR. NICOUD: Your Honor, no, your Honor. I think the
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`-- there was another concern addressed in the first hearing.
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`We've submitted some papers on that, but if that's been taken
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`care of to the Court's satisfaction, that's fine.
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`THE COURT: I think that's fine.
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`All right. Anything else?
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`MR. WILLIAMS: The only --
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`MR. SAVERI: I'm sorry, your Honor. We did not set a
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`date for final approval in our papers.
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`given.
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`THE COURT: Oh, yes. So how many days are we giving?
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`MR. SAVERI: We contemplated 45 after the notice is
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`THE COURT: That's a little brisk. I typically do
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`minimum of 60.
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`MR. SAVERI: Let's do -- 60 is fine, your Honor.
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`And, frankly --
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`THE COURT: It's the holiday season, too.
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`MR. SAVERI: That makes a lot of sense. Frankly, I
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`don't recall the date Mr. Williams had, but I know that I have
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`a trial starting at the end of January, so it would make
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` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
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` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
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` (415) 431-1477 (415) 431-1477
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` (415) 431-1477 (415) 431-1477
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`Case 3:14-cv-03264-JD Document 1404 Filed 11/22/16 Page 11 of 14
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`sense -- it would help me if I could schedule it for a Friday.
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`I know that's when -- that's when this Court is dark. If you
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`can't do that, someone else will have to handle it.
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`MR. WILLIAMS: If I could --
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`THE COURT: So what is 60 days from today, Lisa?
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`THE CLERK: It would be January 24th.
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`MR. SAVERI: We think it's probably going to take
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`until -- excuse me, your Honor. To get the notice out, we
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`would assume something like December 1 is when we'll mail.
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`THE COURT: Oh, okay. Why don't we set it for --
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`MR. WILLIAMS: If I may, your Honor?
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`THE COURT: Yes.
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`MR. WILLIAMS: It's not necessary that we be on the
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`same schedule for the Indirects. Because we do publication,
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`our program takes longer.
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`We had submitted an entire schedule. Our mail and
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`publication doesn't begin until January. And we then give 60
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`days for objections, exclusions. So what we had calculated
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`when you build in then responses to objections, final approval
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`papers, was a final approval date of May 18th of 2017.
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`THE COURT: That's fine. But you want to go faster,
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`right?
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`MR. SAVERI: I do, your Honor.
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`THE COURT: How about -- what's the second Thursday
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`in February?
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
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` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
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` (415) 431-1477 (415) 431-1477
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` (415) 431-1477 (415) 431-1477
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`

`

`Case 3:14-cv-03264-JD Document 1404 Filed 11/22/16 Page 12 of 14
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`THE CLERK: That would be February 9.
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`THE COURT: How about February 9? When does your
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`trial start?
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`MR. SAVERI: We go Monday to Thursday.
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`THE COURT: How about the last Thursday in February,
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`February 26th?
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`THE CLERK: 23rd.
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`THE COURT: 23rd.
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`MR. SAVERI: I think that will be fine.
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`THE COURT: You want it earlier than that?
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`MR. SAVERI: Well, I'm just struggling because --
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`THE COURT: You can't do it between now and your
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`trial date.
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`MR. SAVERI: That's right. That's right.
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`THE COURT: You want to do it later?
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`MR. SAVERI: Can we do it the first week in March?
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`THE COURT: That's fine. March...
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`THE CLERK: 2nd.
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`MR. SAVERI: That's a Thursday?
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`THE COURT: March 9th?
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`MR. SAVERI: I would like to do March 2nd.
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`THE COURT: All right. 3/2/17 it is.
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`MR. WILLIAMS: Your Honor, if I may make a correction
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`in my schedule. I just realized I had put my date on my son's
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`college graduation. So if I can move that date either up a
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
`
` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
`
` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
`
` (415) 431-1477 (415) 431-1477
`
` (415) 431-1477 (415) 431-1477
`
`

`

`Case 3:14-cv-03264-JD Document 1404 Filed 11/22/16 Page 13 of 14
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`week or probably more like back a week to May 25?
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`THE COURT: That's fine. May 25. When is -- May 25
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`is the date you want?
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`MR. WILLIAMS: May 25 would be the date we ask for,
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`your Honor.
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`THE COURT: Oh, there you go. May 25 it is.
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`All right. Anything else I can help you with?
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`MR. SAVERI: No. Thank you, your Honor.
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`MR. WILLIAMS: No. Thank you, your Honor.
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`THE COURT: Okay. Okay. Thank you.
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`Oh, also the Chambers copies are dropping off, okay? Just
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`one copy of everything, but we've not been getting them
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`recently. So make sure you send me a Chambers copy.
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`MR. WILLIAMS: We will make sure, your Honor.
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`MR. SAVERI: Thank you, your Honor.
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`THE COURT: All right. Thanks.
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`THE CLERK: All rise. Court is in recess.
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`(Proceedings adjourned.)
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
`
` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
`
` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
`
` (415) 431-1477 (415) 431-1477
`
` (415) 431-1477 (415) 431-1477
`
`

`

`Case 3:14-cv-03264-JD Document 1404 Filed 11/22/16 Page 14 of 14
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`CERTIFICATE OF OFFICIAL REPORTER
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`I certify that the foregoing is a correct transcript from
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`the record of proceedings in the above-entitled matter.
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` __________________________________
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`Debra L. Pas, CSR 11916, CRR, RMR, RPR
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` Tuesday, November 22, 2016
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
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` Debra L. Pas, CSR, CRR, RMR, RPR Debra L. Pas, CSR, CRR, RMR, RPR
`
` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
`
` Official Reporter - U.S. District Court - San Francisco, California Official Reporter - U.S. District Court - San Francisco, California
`
` (415) 431-1477 (415) 431-1477
`
` (415) 431-1477 (415) 431-1477
`
`