shield louisiana from a class action settlement that otherwise binds absent class members first and foremost state cannot invoke sovereign immunity as plaintiffs and be the same but as you know this are quite reserved the question you're asking but both sides we're arguing as an initial matter but do you have to resolve the question of fact but no you know before you even get to know this our position is that you just don't have an issue with saturday meeting that you always had with class members a question of rule twenty three notice and so if there was a notice violation that's not a sovereign immunity problem that's just a problem  more importantly federal courts were terribly extinguish the claims of states even over their violent objection this is something that happens all the time in adults and in fact that's the way that it can happen without offending sovereign immunity precisely because no claim is being made against the state so somebody munity has never get state the absolute right to control when and where they can pursue their own claims nor have states ever had absolute control over their form adverse judgment there's no risk of a demand and you're not to be be accused of any rather you're in voluntarily forcing the state to be a litigant to be you to be a class member but that in correct there's actually even less control in all the example don't see a bankruptcy there they're out of luck they have no choice there's no opt out in the removal context of transfer context since the founding congress not states control which states have to some citizens of other states and aliens and so if anything there's less of an affront to  burdens of litigation are imposed on absent class members they're just absent and the state can always opt out and in fact one of the biggest race a states do opt out that is not uncommon occurrence they're sophisticated litigants including a class action had expressed continuing and exclusive jurisdiction over the class and if a party is violating a court order there's coke personal jurisdiction and i think subject matter jurisdiction and if there was a reality and again it would be for me to be not liability opportunity if i could just say one more thing about the notice issue because you know our primary position and our threshold position which is never gets a notice is that sovereign immunity just does not apply at the gate now on notice you know there  possible that everybody can opt out and that would result in fifty separate agreements but i thought their point was once disastrous to the system is not that states could opt out it's that states  could receive notice and then take no action sensually sit on the sidelines see how the settlement went and then proceed with a state i think what we really need and i think many defendants actually recognize is that role peace is still possible but if you want to resolve the claims of state notice that the federal government intended to have a say on what they were doing and so the state was on notice in that sense and it was doing a third of product in terms of commerce across state lines you don't spend any time forgive me if i miss you don't spend any time that i can to sort of arguing that you really are responding to that and that the focal point here is the inforce of the settlement agreement  thank you may place a court if i could just start with the end for cement i mean the this court could hold ok but district court has no authority do enjoy the district court can just provided to clear to a judgment that the state has battled but it seems to me stiction it functions as a consent decree the state is balance of the only gap you're talking about is a separate lawsuit filed against the attorney general as opposed to a motion to him first and that is really selling because this is not he's not a stranger to the lawsuit cite to that i know it was weird he said something about the claim administrator said he was never a class member and that was just strange what we know is that the claim administrator that a proprietary data pace of thirty thousand private claimed administrator all over the country and fifty states just like the federal government have government health plans of private contractors like blue cross and humana and that's who got the notice so i don't know what he's talking about but i'm going to read some of his representations it happens talked about something it's true it's the settling it's a separate settlement agreement for certain private carriers but it's still the e p a it's the eastern district class action you had to be a class member it's just a different they've got different amounts of money it's a federal it's the same thing so i mean in our view that parties are entitled to assume that government attorneys accurately investigate you know the factual basis for the representations and that they would have asked their age and even the notice to the states