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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

Before The Honorable Alicia O. Valle, Magistrate Judge 

SOUTH BROWARD HOSPITAL ) 

DISTRICT, ) 

 ) 

 Plaintiff, ) 

 ) 

 VS. ) NO. 20-CV-61007-AHS 

 ) 

ELAP SERVICES, LLC, et al., )

 ) 

 Defendants. )

_______________________________) 

 Fort Lauderdale, Florida

 Wednesday, June 29, 2022

TRANSCRIPT OF OFFICIAL ELECTRONIC SOUND RECORDING

OF PROCEEDINGS

APPEARANCES:

For Plaintiff: 

 WOLFE PINCAVAGE, LLP 

 2937 Southwest 27th Avenue, Suite 203 

 Miami, Florida 33133 

 BY: DANYA PINCAVAGE, ESQ.

 HANA ABDELRAZAK ARYAN, ESQ.

 KOZYAK TROPIN & THROCKMORTON 

 2525 Ponce de Leon Boulevard, 9th Floor 

 Miami, Florida 33134 

 BY: TAL J. LIFSHITZ, ESQ.

 

 

(APPEARANCES CONTINUED ON FOLLOWING PAGE) 

 

Transcribed by: James C. Pence-Aviles, RMR, CRR, CSR No. 13059 

 Official Court Reporter 

Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 1 of 88
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APPEARANCES: (CONTINUED)

For Defendants: 

 LAVENDER HOFFMAN ALDERMAN, LLC 

 945 East Paces Ferry Road, Northeast, Suite 2000 

 Atlanta, Georgia 30326 

 BY: KRISTOPHER R. ALDERMAN, ESQ. 

 AKERMAN SENTERFITT 

 401 East Jackson Street, Suite 1700 

 Tampa, Florida 33602 

 BY: IRENE BASSEL FRICK, ESQ. 

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 2 of 88
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Wednesday - June 29, 2022 10:00 a.m.

P R O C E E D I N G S

---000---

THE COURT: All right. Good morning, everyone.

Calling the case South Broward Hospital versus 

ELAP Services, et al., Case Number 20-Civil-61007. This case

is assigned to Judge Singhal, and he had -- he has referred

these motions to me for disposition as his (Inaudible)

magistrate.

Before going further, I'm going to ask everyone to please

formally put your appearances on the record.

MS. PINCAVAGE: Good morning, Your Honor. 

Danya Pincavage on behalf of South Broward Hospital District.

THE COURT: Other attorneys for plaintiff?

MR. LIFSHITZ: Yes, Your Honor. 

Tal Lifshitz, with Kozyak Tropin & Throckmorton, on behalf

of the plaintiff.

MS. ARYAN: And Hana Aryan on behalf of the plaintiff.

THE COURT: All right. Thank you very much.

And for the defense?

MR. ALDERMAN: Your Honor, Kris Alderman of 

Lavender Hoffman Alderman on behalf of the defendants.

MS. FRICK: And good morning, Your Honor. This is

Irene Bassel Frick, with the Akerman, LLP Law Firm, also on

behalf of the defendants, ELAP Services, LLC and Group &

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 3 of 88
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Pension Administrators, Incorporated.

THE COURT: All right. Thank you, everyone.

Good morning, and, again, thank you for calling in. This

is a telephonic con- -- hearing that we have scheduled. Before

getting started, I know we've all had hearings before, very

lengthy hearings, in fact. So you know the process.

Just to quickly remind you, when you speak, please

identify yourself. That way, if you need a transcript of these

proceedings, the court reporter will be able to identify who

the speaker is. We don't have a live court reporter today.

The proceedings are being taped by our audio system. So it's

important that you follow these measures to ensure a better

transcript.

In connection with that, I'm also going to ask you to --

to please speak loudly so we can all hear you and slowly,

perhaps a little slower than you normally would, to avoid

basically running into one another's sentences. And also, I

have found that there is a lag in the (Inaudible) system. So

if we speak too quickly, the sentences will run -- will tend to

get garbled and run into one another.

Lastly, when you are not speaking, please mute your cell

phone or your landline. That just avoids a lot of background

noise and interference that we sometimes get during these

telephonic hearings.

Invariably, someone is going to forget to unmute him or

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herself. Don't worry. It happens all the time. We'll just --

you know, you'll realize that you're talking, and nobody's

listening to you, and then you'll quickly realize that you --

you're still on mute and (Inaudible). There's no shame in

that. It happens to me, too.

Lastly, if you get disconnected at any point during our

hearing, all you have to do is call back to this main number

that you dialed into this morning, and you will rejoin our

hearing. I'll know that someone has dropped off the hearing

call one of two ways. 

Number 1 is I'll see your name drop off my conference

monitor screen. And secondly, there will be a little ding, a

little bell that will go off, and that alerts me to the fact

that someone has either entered or left the hearing. So we

will certainly wait for you to rejoin unless you tell your

co-counsel that you have left on purpose, and you are no longer

going to be participating in this hearing. So let us know

that.

We are here this morning on the defendants' motion to

compel plaintiff to produce de-identified market data. That's

at ECF 101. Defendants' -- plaintiff's opposition was filed at

ECF Number 104.

Previously, we were also going to hear argument on a

motion for protective order. But according to the joint status

report, that motion was resolved between the parties, and I

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 5 of 88
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denied that motion as moot. And I'm referring to 

ECF Numbers 118 and 119.

In connection with this motion, the joint status report

was filed on June 15th at ECF 116, and it indicates that the

parties were unable to resolve the disputed issues, the three

discovery requests at issue, in the defendants' latest motion

to compel.

Before proceeding to hear argument, I just want to

highlight a couple of dates in the docket so that we are all on

the same page.

Relevant here, I would say, is the defendants' fourth

motion to compel, which was filed back in April of 2021 at 

ECF Number 29 [sic]. Some of the interrogatories and requests

for production that were included in that motion to compel seem

to be part of today's -- or related to today's motion.

Also, I note that the Court entered an amended scheduling

order in December of 2021. That's at ECF Number 94. So now

your discovery deadline is September 16th of 2022. You've got

class certification deadlines after that.

So what I'd like to do is basically to turn to the

parties' arguments. Obviously, we've had a number of hearings

on this case. So I'm very familiar with the amended complaint,

the answer and affirmative defenses and the facts of this case

as well as many of the complicated discovery issues that we've

handled in the past. I know I've entered a few paperless

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orders and, of course, EC [sic] 95, which I entered in December

of last year.

I'm going to now turn to the parties for argument. It's

the defendants' motion. So defendants will go first. You know

that I don't like ping-pong back and forth. So when the other

side is speaking, if you have an objection or you want to make

a clarification or correction, save it until it's your turn to

speak. Do not interrupt the other side. You'll have your turn

to discuss that.

My plan is to give -- is to reserve an hour for this

hearing. That means I'm going to give each of you 20 minutes

to argue your motion. You don't have to use the time just

because I gave it to you. So that takes us to 40 minutes, at

which point, I'm going to break and -- and take another 15 to

20 minutes to decide on my ruling, if I need it.

And then my plan, as I have done in the past, is to rule

from the record. And if you need a transcript of the

proceedings, please contact the court reporter's office here in

Fort Lauderdale to get that.

So with that being said, I'm going to set my clock, my

timer, for 20 minutes. And who's going to be arguing on behalf

of the defendants, Mr. Alderman or Ms. Frick?

MR. ALDERMAN: Your Honor, this is Kris Alderman on

behalf of the defendants, and I'll -- I'll be arguing.

THE COURT: Okay. Give me just a second to set the

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 7 of 88
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timer. 

Are you -- are you going to want to save five minutes for

rebuttal or not necessary?

MR. ALDERMAN: Yes, I'd like to reserve five minutes,

and I don't think I'll take the -- the first 15 minutes, but

yeah --

THE COURT: Okay.

MR. ALDERMAN: -- I'd like rebuttal.

THE COURT: Sure. That's -- that's fine.

Now, honestly, I've read everything. I even went back and

reread a lot of the stuff that we did in the past because I

really do think it's relevant, what happened back on June 24th

and then, again, the December motion and my order at ECF 95.

So, you know, I'm very familiar -- you don't have to

reeducate me on the facts. I know what's at issue. So let's

get right to it. I do have a number of questions for both

sides, and I'll address those as you argue.

But 15 minutes, Mr. Alderman. You may proceed.

MR. ALDERMAN: Thank you, Your Honor.

Being mindful of what you said and your well-preparedness

in the past, I'm -- I'm going to really try to get right to the

heart of this.

As you know, we've -- one of the main issues in this case

is the allegation that ELAP and GPA have systematically

underpaid for healthcare goods and services. And what I think

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 8 of 88
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the parties agree upon is that, in order to determine whether

ELAP and GPA have systematically underpaid, you have to

determine what was supposed to be paid.

I think the parties agree that the reasonable value is

what you have to look at. You have to see what is the

reasonable value for the goods and services, and as I said, I

think we have agreement among the parties on that issue. 

The thing that divides us and the thing that keeps winding

us back in front of you is we disagree about how to determine

what the reasonable value is. Our view is that we need to look

at the reimbursement rates that are generally paid in the

market.

And as you mentioned in the past, we've -- we've had prior

hearings where the Court tried to fashion what I think is a

very reasonable and prudent compromise approach where the --

the hospital would provide its 2021 transparency report and --

and then see if there was some way that we could relate those

2021 transparency report data points back to the relevant time

period, which is 2016 through 2020.

And I won't go through the whole history, but ultimately

we've wound up back here again because we still can't relate

the 2021 reimbursement data that we have to rates that were

actually paid for goods and services in 2016 through 2020. And

so I want to tell you a little bit about why that is.

But essentially, we have pretty good data on what was paid

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 9 of 88
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for particular goods and services or what was expected to be

paid for particular goods and services in 2021. The challenge

comes in trying to take that 2021 data and determine what was

paid in 2016.

What we have is a declaration from Jeffrey Bross saying

that overall reimbursement rates in 2016, for example, were a

little over 20 percent less than they were in 2021. And then

he goes through each year, and so the problem with that data is

that it's those --

THE COURT: And I'm sorry, Mr. Alderman, just to stop

you there for a minute -- for a moment. 

And you guys came back to me on that declaration -- that

was back in December -- because you said, "We just got this."

It's a very short declaration. I reviewed that as well. Hold

on a second.

And you came back, and then I granted your motion to

compel the underlying documents on that declaration; is that

correct?

MR. ALDERMAN: That's correct.

THE COURT: And in addition to that underlying

document, I believe that the -- that the plaintiff also

supplemented its interrogatory response to try to give you an

explanation of what it is that Mr. Bross did to arrive at those

numbers; is that right?

MR. ALDERMAN: That's correct.

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THE COURT: Okay. So let me ask you this. What --

what -- you say that the defendant produced one document. In

the JSR, I saw a reference to a document labeled MHS086262. 

Is that the document that was produced in response to my

order at ECF 95 in December?

MR. ALDERMAN: Yes, Your Honor.

THE COURT: Okay. So that is the document that was

produced in terms of the calculations.

What -- what does that document show you? First of all,

describe it for me, how many pages is it, how many columns, all

that kind of stuff.

MR. ALDERMAN: Sure.

It's an Excel file. So it has -- has four tabs at the

bottom. The -- the first is a summary. The title of that tab

is "Summary." It has Columns A through H and Rows 1

through 10, and it is -- what it says is it's a summary of the

other three tabs.

It gives -- and it really lines up with the interrogatory

response in terms of explaining how those year-over-year

changes were calculated, but what it does is say the first line

of data is the average inpatient revenue per case, CMI adjusted

amount.

And what the -- I don't want to -- I'm sure the plaintiff

has an explanation for this, but what my understanding of that

is that they've taken -- they've taken all their charges and

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 11 of 88
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all their reimbursements, and they've -- they've normalized

those into kind of an average case. And they do that by

looking at what was paid, the relative value units assigned by

Medicare for particular acuity levels.

And they sort of normalize that to this fictitious average

reimbursement rate for -- that just throws everything together.

So they have the average --

THE COURT: All right. So let me ask you this. Is

this document ending in 6262, this data -- is that what's

called the data report?

MR. ALDERMAN: Yes.

THE COURT: Okay. So if this data report ending in

6262 breaks down the -- the information in the Bross affidavit,

which is at ECF 89-1, and then follows the interrogatory

answer, which I saw at 104-2, why is -- so -- and that tells

you how Mr. Bross went from 2021 to those averages that he gave

you for 2016 and those other numbers to 2020. 

Why is that not enough for you?

MR. ALDERMAN: So several reasons, but one problem

is -- and I'll go through them.

If -- so let's take data that we have for 2021. We would

know for -- we could take a particular service or type of

service and see what would have been paid in 2021. What I'd

like to do is be able to do the same thing for the relevant

time period here so we could look at individual claims and see

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what would have been paid by various payers to get

reimbursement data that would be relevant to reasonable value.

The problem is that I can't take the 2021 data using the

data report and the Bross declaration and say what any one

payer would have paid for a particular good or service in 2016.

I can't -- I can't even determine what, on average, all payers

would have paid for a particular good or service in 2016

because --

THE COURT: But isn't that what that percentage that

Mr. Bross gave you is supposed to do, give you an idea how much

it can reduce the pay -- the -- the pay amount in those years?

MR. ALDERMAN: I think, theoretically, that's what

the -- the plaintiff would like to do, is just -- if the -- if

the reimbursement rate for one payer would have been, you know,

$600 in 2021, then say, "Well, you should just adjust it down

by 20 percent for 2016 and say it's 20 percent less than $600

in 2016." The problem is that's massively oversimplifying the

reality of how claims were paid in 2016.

The data can't -- the data that we have, these average

year-over-year changes -- they can't be applied because we're

taking all payer data and then, average from that, all payer

data and applying it to individual-specific reimbursement

rates. So just from a mathematical standpoint, there are

problems doing that.

The second big issue I see with this is that what we've

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been given, all these calculations in the data report, are

actually more -- it was more work to give us that than it would

have been to just give us the data from which those reports and

calculations were run because, in order to determine the case

mix adjusted average inpatient revenue, you have to start with

all the data that we're asking for.

So what we've gotten is manipulated data -- and I'm not

using that in a derogatory way, but manipulated or calculated

data from the raw data that would actually give us the answers

that we're looking for. And that's really --

THE COURT: How do you respond to plaintiff's -- how

do you respond to plaintiff's argument that your request,

asking for the raw data, asks them basically to -- especially

Request for Production Number 1 -- asks them to review

5 million claims?

MR. ALDERMAN: It -- it doesn't require them to review

5 million claims or really any claims because, if -- if that

was necessary, then they would have had to do that in order to

create the data report.

But instead, all this information exists in some system

and could be produced to us because they accessed all that raw

data in order to do this CMI adjusted inpatient revenue,

outpatient revenue, and all that data is there.

So they don't have to review claims. They don't have to

look at other documents. It's already in their system.

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Otherwise, they wouldn't have been able to create the data

report, and the data report --

THE COURT: And we're talking, again, about the

document ending in 6262?

MR. ALDERMAN: Yeah. I'll try to just call that the

data report --

THE COURT: Yes. Okay.

MR. ALDERMAN: -- because that's -- I think that

helps -- 

THE COURT: So we're using the same language. Uh-huh.

Good.

MR. ALDERMAN: Exactly.

And so the problem with -- with using the data report only

is, like I said before, there are just mathematical problems

with taking all payer data in an average and trying to apply it

to individual rates, particularly when we know that the data

that we're looking for that is accurate is out there and

available to be produced. 

And it doesn't require reviewing 5 million individual

claims because it's already in a system that can be sliced and

diced. And, in fact, that's exactly what the data report does.

We just want to get back to the raw data, which has what we

actually need in order to analyze --

THE COURT: How do you respond to plaintiff's argument

that giving you the raw data infringes upon trade secrets and

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confidentiality issues?

MR. ALDERMAN: So to be clear, we don't need any

patient information or patient identifying information. What I

think the argument goes to is the trade secret argument under

Florida law. 

And, again, we've talked about this before, but that's --

that's just the Sunshine Act or the Public Records Act. That's

not talking about what is discoverable and what's not

discoverable in a litigation, particularly one the hospital

filed.

Secondly, they're -- they're relying on what they claim to

be confidentiality clauses in their agreements with payers, but

we're saying they can de-identify the payer. We'd like to --

we'd like to keep similar payers identified in some way, but we

don't need to know that it is Aetna or Blue Cross.

We just -- they could assign random numbers to -- to

common payers so we can understand not -- not which particular

payer it is, but what -- so we can line up the payers and

understand where those payments are coming from, but we don't

need to know their names.

And then the -- the third point I would make is the

federal government requires -- and that's why the transparency

report for 2021 exists. The federal government requires

payer-specific negotiated charges to be disclosed, and that's

as of 2021.

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So we're looking at data from 2016 to 2020. And I don't

think there's a legitimate argument that, from 2021 forward,

that data has to be disclosed, but it can be concealed from

2016 to 2020.

THE COURT: Well, let me ask you this.

At the last hearing -- I think it was in the June

hearing -- I asked the plaintiffs, "Look, you're already

producing the 2021 transparency report and those forward" --

you know, "going forward. Why can't you do the same for 2016

to 2020?"

And based on my review of the -- of the transcript, they

said it's incredibly -- you know, it's overly burdensome, it

would take months to do that, et cetera, et cetera, et cetera.

Are you asking them to do that? Is that what you want?

MR. ALDERMAN: No. I don't know how long it would

take them to do that, but I -- what we're asking for is just

the raw claims paid data that they have in their system.

THE COURT: All right. I agree with you, and I think

I said that, during the hearing in June, that -- and I can even

find the page -- that you're entitled to get cost information

in terms of determining reasonable value. And you already got

the cost report, and that seems to be okay. You agreed to

their accuracy. 

I said -- you know, you agreed -- you should be getting

some market analysis, and also I said you should be getting

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 17 of 88
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some reimbursement data. I think all of that goes to

determining reasonable value.

The issue is -- and I said this, as I said, during the

June 24th hearing -- is how much of this should you get. It's

a question of proportionality and burden to the plaintiff.

Help me to narrow your request -- hold on. That's 15 minutes.

Help me to narrow your request so that I can find a balance.

So -- and provide the discovery that you need, not just

what you want, because I know everybody wants more than they

need, but to find a balance to get the discovery that you need

while not unduly burdening the plaintiff by requiring them to

produce, you know, voluminous, time-consuming, you know,

reports or data dump. 

Help me help you.

MR. ALDERMAN: Sure. I understand.

One of the challenges that we face in requesting this

information is we don't know exactly how their systems work and

what data they have stored and easily available. And they

encountered the same problem during that June hearing as well,

when they're asking for very similar data from us about all the

claims that were audited by ELAP on a nationwide basis. 

And you may remember this argument. It was -- it was

their motion, not ours. So we're switching gears a little bit,

but you may remember they had a very -- a very broad request

for every data point on the UBO for EDI 835 and EDI 837, which

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incapsulates, you know, hundreds of data points for individual

claims.

And the way that you resolve that, which I think made

sense, was to say, "Okay. You know, defendants, if you can't

give them every single data point, but you do have a lot of

this information available, just give them the report that you

can give them."

I think that makes sense as a -- as a path forward because

we know that they have a lot of this information, based on the

data report, which -- again, I'm referring to that MHS086262.

We know that they have this data in a form that can be easily

used and looked at and analyzed. 

So I can't tell you exactly what data points they have

because I'm not familiar with their system. The lawyers on

this call may not be able to tell you exactly what data points

they have for plaintiffs. But they have some data, and they

have a lot of data that would be helpful to us, and we know

that because of the data report.

So I think maybe the way you resolved their motion at that

June hearing would be a good way to resolve this one, is to say

to the plaintiffs, "Give them the" -- "the claims level market

reimbursement data that you do have for 2016 through 2020."

THE COURT: So claims level market reimbursement data.

Okay. I will check with plaintiff and see what they say

about that. 

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I have another question for you, though. I know that

you're out of time, but I do have a couple questions I want to

address with you. Let me just take note of this.

It's claims level market reimbursement data, 2016 through

2020; right?

MR. ALDERMAN: Correct.

THE COURT: Okay. Now, let me ask you this.

At JSR Page 8, in the -- in your column, the movant --

movant column, you say that the defendant agrees to, despite --

whether or not plaintiff is right regarding Baker County or

you're right, et cetera, you say that, regardless of the whole

Baker County disagreement, that the defendants are willing to

accept production of plaintiff's market commercial, self-pay,

or uninsured data and forego Medicare, Medicaid, TRICARE, and

government-determined reimbursement. 

I want to confirm that that is your -- in fact, your

position today.

MR. ALDERMAN: Yes.

THE COURT: Okay. One follow-up question on that, and

that is how about managed care, you know, like Aetna,

Blue Cross/Blue Shield, Humana, folks that are -- I don't know

what the word is -- administering or providing Medicare

services.

MR. ALDERMAN: Oh. You're saying Managed Medicare?

THE COURT: Yes. Yes.

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MR. ALDERMAN: Okay. So just -- I just want to make

sure that the record's clear on the question.

THE COURT: Yeah. Thanks for correcting me because,

you know, I'm only slightly versed in these terms. So I

appreciate it.

MR. ALDERMAN: Sure.

So Aetna, Humana, Blue Cross, those types of big-box name

insurers that you're familiar with -- they -- they have a

number of different products. So they have -- they work with

self-funded plans. They work with insured plans. 

These are all different products that they offer, and a

lot of them, probably most of them, also offer Managed Medicare

plans and, some of them, even Managed Medicaid plans.

THE COURT: Right. Those are the ones that I'm --

that my question goes to.

MR. ALDERMAN: Okay. Then that's why I wanted to

clarify. So --

THE COURT: Right.

MR. ALDERMAN: -- yeah. I -- I do think that the

Managed Medicare and Managed Medicaid data is relevant because

those are arrived at through negotiation rather than set by the

government.

And so we -- we don't agree that Baker County controls,

but for purposes of this motion, we -- we cannot fight over

whether we get the government-regulated rates. But

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Managed Medicare and Managed Medicaid are set by negotiation

between the -- the insurance companies you're familiar with and

the hospitals.

THE COURT: How about self-pay, uninsured, or charity

cases?

MR. ALDERMAN: So I -- we're definitely interested in

that data as well.

THE COURT: Okay. So only the government -- the

nonprivate negotiation ones. 

Okay. I understand. I just wanted to confirm that. 

So you're willing to forego Medicare, Medicaid, TRICARE,

and government-determined reimbursement?

MR. ALDERMAN: Yeah. I think in -- in -- so in -- in

Florida, my understanding is that would also include worker's

comp because I think that set our fee schedule.

THE COURT: Okay. In any event, those are public.

You have that information anyway; right?

MR. ALDERMAN: Correct.

THE COURT: Okay. So it's like giving away ice in the

winter here. 

(Laughter.) 

THE COURT: All right. But I get it, and --

MS. FRICK: Your Honor, I just -- 

THE COURT: I'm sorry. Who's speaking?

MS. FRICK: I'm so sorry. This is Irene Bassel Frick

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on behalf of the defendants. I just wanted to correct a small

statement.

THE COURT: Yeah. Go ahead.

MS. FRICK: Okay. And Mr. Alderman (Inaudible).

Your Honor, the reimbursement rates are publically

available. Your Honor is absolutely correct that, for example,

the reimbursement rates for -- by Medicare is -- is readily --

you can research what that rate is for a particular service.

What you cannot research, Your Honor, is how many of those

services were performed at Aetna Memorial. So you can -- you

can identify the rate, but you don't know if they did a hundred

of them or a thousand of them and -- and how they fit into the

entire -- the entire reimbursement numbers for the -- for the

plaintiff.

So --

THE COURT: All right. But just to be clear, in -- in

confirming with Mr. Alderman that the defendants are willing to

forego the reimbursement rates for these government programs,

are you now telling me, Ms. Frick, that you still want the

number -- I think you already got the number of Medicare claims

that the hospital handled; correct?

MS. FRICK: Mr. -- Mr. Alderman -- Mr. Alderman is

absolutely correct that we are -- as an alternative, if the

Court is inclined to provide us with -- with the data -- you

know, the primary data that we're looking for is that

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commercial data, self-pay, uninsured, indemnity insurers,

anything that is not government-set, the Medicare and 

Medicaid --

THE COURT: All right.

MS. FRICK: -- and worker's compensation.

THE COURT: Thank you.

So I have another question -- and thank you for your

clarification, Ms. Frick. 

Mr. Alderman, in Request for Production Number 2, you

attempt to narrow the breadth of Request for Production

Number 1 by saying that they should -- that plaintiffs should

produce the reimbursement information for particular CPT codes

and HCPCS codes that are attached as Attachment A.

A -- quickly, because we're way out of time, what are

those codes, and how does this help limit Request for

Production Number 1 to the claims at issue in this case?

MR. ALDERMAN: Yes, Your Honor.

What we tried to do with Exhibit A is identify only

particular CPT and "Hick-Pick" codes, which are codes that

identify particular services.

So it's -- this would be -- if you -- if you denied

Request 1 and granted Request 2, then you'd be ordering

production of just a limited subset. It wouldn't be -- it

wouldn't be perfect, but we did our best to try to limit the

amount of data we're seeking to things that we know are

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relevant in this case, whereas --

THE COURT: So why didn't you offer me Request for

Production Number 2 when I asked you to help me to help you?

MR. ALDERMAN: It was probably a strategic mistake on

my part, Your Honor.

(Laughter.) 

MR. ALDERMAN: The other -- the other thing is that we

don't know -- we just don't know what we don't know, and so

you're right. That was -- I probably should have, at that

point, pointed out the difference in Request 1 and Request 2.

THE COURT: Yeah. 

As to Request Number 2, yes, you're narrowing it down by

CPT and -- you called it "Hick-Pick"? But there are ten pages

of these codes, and I don't know how many there are in a page,

but it's certainly not -- you know, it's a lot.

How do these codes relate to the case? Are these the

services that are at issue with reference to the underpay- --

the purported underpayments by ELAP and GPA?

MR. ALDERMAN: They -- they're not all of them, but

they're some of them. So we did our best to try to identify

what we know will be important, whereas, we don't know exactly

what the entire universe looks like. So it is a lot, but it's

a lot because that's the nature of the case that was filed by

the plaintiff.

If they had -- if they had filed a lawsuit involving only

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a small subset of claims, we'd be asking for reimbursement data

on only a small subset of claims. But they filed a lawsuit

that involves hundreds of thousands of claims, which

necessarily involves lots of CPT and "Hick-Pick" codes.

THE COURT: With these codes in Attachment A, what do

you think plaintiffs can do?

MR. ALDERMAN: I -- I don't know, and I'm going back

to not knowing how their systems are organized. If their -- if

their reimbursement data is -- is stored in a way that they can

isolate the claims that involve those particular codes, then it

may -- it may cut down on the amount of data they have to

provide.

My guess is that it's probably more burdensome to sift

through all the reimbursement data that they used to create the

data report, to pull out those specific CPT codes. But we

did -- we do have Request Number 2 in there as an alternative,

which would, we think, involve less data being turned over but

may actually require more work on the part of plaintiff. We're

not sure.

THE COURT: All right. Last question for you.

In Request for Production Number 3, you asked for data

dictionaries to understand the production that would be made to

either Request for Production Number 1 or Number 2.

What are these dictionaries? Do they even exist? Do you

know?

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MR. ALDERMAN: So I don't know whether they exist or

not, but what we found -- and I think the plaintiff could --

could verify this, if -- if you ask them about it. But when we

produced our massive spreadsheets of all claims that we

audited, there are a lot of codes in there. And so we spent

some time at depositions asking people what those codes meant

and what the columns meant.

And I think both parties would probably agree that, to the

extent there's -- there's a spreadsheet of data with codes in

it, it would make a whole lot of sense for the parties to just

exchange a list of -- of what those codes mean rather than

trying to find somebody who can remember every abbreviation and

give that information in a deposition.

So that's why we --

THE COURT: Right. That's if it exists. You're not

asking them to create it for you; correct?

MR. ALDERMAN: I mean, I think it would have to exist

somewhere, but yeah. The -- I -- I agree with what I think the

premise of that question is, which is we can't require them to

create documents to produce in response to a document request.

THE COURT: Okay. All right. I think I have

exhausted my questions for you, and we ended up having a little

bit more than your time. But thank you for answering my

questions, and I want to turn it now to plaintiffs.

And who's going to be arguing on plaintiff's behalf?

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MS. PINCAVAGE: Danya Pincavage, Your Honor.

THE COURT: Okay.

MS. PINCAVAGE: Would you -- would you like me to

start, or do you have questions you'd like to start with?

THE COURT: Well, you know, I think -- as you can

tell, I did have a lot of questions, and I have a lot of

questions for you, too.

Let's start with the data report, MHS086262. How was this

created? Defendants said in its motion that, in that report,

you were using the same information that the defendant is

seeking in their request for production. So basically, "What's

the big deal? Just turn over the raw data."

Tell me about this document.

MS. PINCAVAGE: Sure.

So the first thing I would point out is that ELAP

requested Mr. Bross's deposition in order to, I presume, ask

him about issues such as his declaration and how this report

was created. One thing I can tell you is this aggregate

data -- there's little relationship to what ELAP is requesting.

And part of that is because ELAP is asking for essentially

line payments on line data. What that means is, on a claim

form, there are a lot of lines of code, and each code has a

charge associated with it. That's a standard charge on the

hospital charge master.

ELAP, as a, you know, decider of payment, may keep track

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 28 of 88
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of how much it pays on certain services. But generally

speaking, hospitals do not track how much they receive for

payments, much less accept for payment on a certain code. So,

you know, it varies very wildly between payers. And if a payer

doesn't provide that information, the hospital won't have it.

If their -- if hospital paid with a paper claim form, the

person entering the information into the system is most likely

not going to be typing in the corresponding code amount. So a

lot of the information that ELAP is seeking here is not

information the hospital has at its fingertips. In fact, I've

been told that an outside consultant would likely have to be

hired to run the type of reports that ELAP is requesting.

So as far as, you know, exactly how the report was

formulated, my information is essentially the same as what

Mr. Bross said in his amended interrogatory answer and -- and

what he's going to testify to at his deposition.

THE COURT: All right. I'm looking at the amended

dep- -- interrogatory answer that was filed at 104-2. I

certainly didn't understand it, but then again, that doesn't

surprise me because this is all pretty -- pretty technical. So

I'll leave that alone. I can't really go much into that.

Let me ask you about -- in the joint status report, at

Page 7, in your column, I think you state that -- that this

request is -- that these requests -- I should say the request

for reimbursement data is duplicative of previous

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 29 of 88
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interrogatories or requests seeking the same reimbursement data

which I denied.

Which -- can you cite to where I denied these requests? I

don't think I did. I don't think I ruled on them.

MS. PINCAVAGE: I believe -- I believe -- I believe

that would have been the compromise you fashioned at the

hearing last June.

THE COURT: Okay. Right, because, in fact, I

attempted to avoid having to rule on these things because I --

they were very difficult, just as they are now. They're very

difficult issues. 

So I tried to come up with a practical approach, you know,

and kind of put the burden back on the parties to try to

resolve this without me having to delve into these very

difficult reimbursement interrogatories and document requests.

I just wanted to confirm that.

Okay. Also, at -- on Page 8 of the JSR, the defendants --

and I -- we discussed that this morning, again, with

Mr. Alderman. He said that the defendant agrees to accept

production of plaintiff's market commercial, self-pay, and

uninsured data and then forego the data for Medicare, Medicaid,

TRICARE, worker's comp, and government-determined

reimbursement.

So does that help the plaintiff?

MS. PINCAVAGE: It does not, Your Honor, because,

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 30 of 88
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aside from the fact -- and I'm not trying to be difficult here,

but "market data" is a term that is pretty vague.

I can tell you what we've already given ELAP at this

point, which does include, by the way, the self-pay cash rates.

That's on the transparency reports that we produced to ELAP

last August. There's a column -- it's Column M on the first

tab of the spreadsheet. That is the cash column, and that says

the self-pay price.

THE COURT: Right, but you would agree with me that

that transparency report provides information for only 2021 and

not the years 2016 through 2020; right?

MS. PINCAVAGE: That's true, Your Honor, but if I

recollect, I think that we also produced the policies -- the

hospital's policies on self-pay. So -- but yes, you're right.

It is only the 2021 rate.

THE COURT: Right. So you were outlining for me what

you've given the defendants.

MS. PINCAVAGE: Sure.

THE COURT: The self-pay cash rate for 2021. 

What else? I'm taking notes.

MS. PINCAVAGE: Sure.

All of the -- the rates -- the in-network rates for 2021

are also on the transparency report. We have -- sorry. I have

a list here.

We gave them -- again, we've gone over ad nauseam the

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declaration of Jeff Bross and the aggregate information that he

relied on, which includes -- just to give you an idea of more

of the information that's on there, there's -- for 20- -- the

years 2015 through 2021 -- and I believe 2021 would be a

partial, given when this was created.

There's the total number of all inpatient cases broken

down by the type of insurance product. So, you know, per year,

it says how many were employee -- I'm guessing that's a

self-funded employer plan, how many were managed care, how many

were other types of insurance, how many were Medicaid, how many

were Medicaid HMO, Medicare, Medicare HMO, other managed care,

and self-pay.

And it gives the grand total of the number of inpatient

cases that occurred every year. It gives a total number of

outpatient cases for every year, again, broken down by all

those different insurance or payment product types.

THE COURT: I think -- I'm sorry to interrupt you for

a minute, but I think --

MS. PINCAVAGE: Sure.

THE COURT: -- I remember reading, Ms. Pincavage, the

defendant saying, "Yeah. We got a lot of in-network, but we

haven't gotten any out-of-network information." 

Is that -- have you turned over any out-of-network

information?

MS. PINCAVAGE: So what we could give them on

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out-of-network -- and this is, again, getting into Baker County

a little bit, which says that the -- the metric to use is -- or

that fair market value is determined based on the amounts

billed and the amounts accepted by providers with the

exceptions we've noted such as Medicare and Medicaid.

And so "accepted" is the key word in that case because

it's not the amount that was paid to the hospital because the

hospital doesn't necessarily accept an arbitrary payment from a

noncontracted provider. It can challenge it. It can appeal

it. It doesn't necessarily accept it.

What we could provide is a report of what's known as

letters of agreement that the hospital would negotiate at arm's

length with out-of-network providers, and that would

demonstrate the amount that the hospital was willing to accept

as payment on out-of-network claims.

THE COURT: Okay. So those letters of agreement on

out-of-network have not yet been provided; is that correct?

MS. PINCAVAGE: I do not believe they have.

THE COURT: Okay. I'm going to break my own rule

here, and I'm going to go back to Mr. Alderman at the same time

a little bit, just on this quick issue.

Mr. Alderman, is that something that -- that would help

with -- help the defendant to obtain the reimbursement rates it

seeks for the out-of-network reimbursement?

MR. ALDERMAN: Your Honor, it would -- it would help

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us, and I won't try to -- I won't try to answer for plaintiff

what would be more burdensome, but I think it would be harder

for them to identify and produce every letter of agreement

they've entered into than it would be for them to just provide

us the raw data that we're seeking. 

But, yeah, it would be helpful.

THE COURT: All right. Okay. Thanks.

MS. PINCAVAGE: And just to be clear, Your Honor, I

wasn't offering to produce every letter of agreement. I was

offering to produce a report that shows the amounts agreed to

on the letters of agreement.

THE COURT: Okay. All right. We'll talk some more

about -- and that's for 2016 through 2020?

MS. PINCAVAGE: Yes, Your Honor.

THE COURT: Okay. So that takes care of

out-of-network, more or less. I'm not sure yet. I have to

think about this.

We were going back through what you have produced. We

talked about the self-pay cash rate for 2021, all in-network

rates for 2021.

How do we get the defendants in-network rates for 2016 to

2021?

MS. PINCAVAGE: The way that the defendant has

requested them, I don't even think it's possible to do with all

of the codes, not to mention the fact that I suspect that the

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laundry list of codes provided don't even pertain to the

thousand or so claims that Memorial has identified as ELAP

claims as being at issue in this case.

The -- kind of along those lines, I'd also just like to

add Mr. Alderman was referring to the Court's prior order

requiring it to produce a lot of claims data. That data is

Memorial's damages in this case for -- especially for the class

certification issues.

So, you know, getting into -- if you say that we have a

thousand ELAP claims that are -- that have been identified by

the hospital at this point, we're looking at 5 million claims

in the same time period that are not related to ELAP,

potentially don't relate to the services at issue as the

thousand claims that were ELAP claims. 

And it's just completely -- it's overbroad to start

getting into that level of data, especially when those claims

aren't at issue, unlike with ELAP, where those are our damages.

So I think that, you know, it's apples and oranges there.

What was required of ELAP to be produced is different than what

it's seeking from the hospital now, which really isn't relevant

to anything.

THE COURT: Well, let me ask you this. And, you know,

I asked a pretty pointed question of Mr. Alderman, and I'm

going to ask the same question of you because I think it

telegraphs what I'm thinking.

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I said -- let me get the transcript. Hold on. Where is

my transcript? That's 20 tabs. 

On June 24th, which is at 104-1, Page 146 of the

transcript -- it's Page 8 of the ECF number -- I say, starting

at Line 7, you know, "We made a lot of progress. I think -- I

think it took a lot to get here, but I do think we made some

progress."

"My goal, as I indicated during my questioning of

Ms. Pincavage -- I did think" -- and this is referring to the

defendant. "I did think that you're," defendants, "entitled to

receive some cost information, some reimbursement information,

and some marketing analysis information. The question is how

much."

And that's right where I am. I said that before. I asked

Mr. Alderman exactly that question. I'm inclined to grant the

motion to some extent. I need you two to help me, especially

you, Ms. Pincavage, on the plaintiff's side, to give me some

parameters where you're not going to be overburdened. 

I know it's going to be burdensome. The question is

overburdensome -- right? -- over- -- what -- with that as the

background, knowing that I'm going to grant this motion in part

somehow, what is it that the hospital can turn over?

And I'm looking for -- you know, assume that, you know,

the Baker County argument is not going to go your way, but it

doesn't really matter because the defendant is willing to

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 36 of 88
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concede that they don't want the government rates at this

point. So that's out of the equation.

So we're talking about producing in-network rates for 2016

to 2021 and out-of-network rates or some kind of report for

26 -- I'm sorry -- 2016 to 2020. I misspoke before.

Help me help you. How?

MS. PINCAVAGE: This -- this is a little tricky

without getting my client's input on -- like I said, I can give

the report of out-of-network agreements, but, you know, I --

I -- what I keep coming back to is we -- we revisit -- we

visited this same issue last summer.

Your Honor fashioned a compromise. ELAP keeps coming back

and seeking more and more information, and it really hasn't

given to me an explanation. I understand as to why it doesn't

understand -- understand the aggregate information that

Mr. Bross provided.

So what -- what I'm --

THE COURT: Let me -- can I stop you there for a

minute? 

I think as to the Bross declaration --

MS. PINCAVAGE: Sure.

THE COURT: -- part of what I think I read or

understood -- because I can read something and understand it

incorrectly, but what I understood was that they're saying

that -- that Mr. Bross's declaration is based on kind of an

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unreliable methodology because the numbers include different

reimbursement data.

So it doesn't even help them. Whether it includes

Medicare or doesn't, I mean, there are all sorts of things that

are in the JSR.

So I don't think they're satisfied with the Bross

declaration. That's why there was a motion before me in

December, and I said, "Yeah, you're right. A declaration is

not a stipulation. You don't have to accept it." And that was

my order at ECF 95 back in late December.

And that's why I ordered, you know, the -- and you

supplemented your interrogatories, and you provided the data

report. We're kind of still back at that stage, where I'm

going to grant something. I understand that the hospital has

limited resources, and I am trying to help the hospital as much

as I can. 

But I think I've made it pretty clear, both in June and in

December, that they're going to get something. And I would

rather that the parties work it out amongst themselves as

opposed to me granting Request for Production Number 2, which

is what I'm inclined to do right now, and then hearing that the

hospital, you know, is going crazy trying to do this.

MS. PINCAVAGE: I'm sorry, Your Honor. You're saying

you'd rather have the hospital pull the codes?

THE COURT: No. I'd rather -- 

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MS. PINCAVAGE: The claims that --

THE COURT: No, no, no. I'm saying I'd rather have

the parties work it out, knowing that I'm going to order

something. If you don't -- if you guys don't give me a

solution today, I'm going to probably grant Request for

Production Number 2 because, to me, it seems narrower than

Request for Production Number 1. And that's what I'm trying to

do.

So that's why I'm encouraging, and I keep asking the

question of both sides, help me help you. On the one hand,

defendant, I want to give you some information, but, you know,

enough is enough. How much is too much? 

And on the plaintiff's side, same thing. I'm going to

turn something over. Help me to fashion something that's not

going to break the hospital.

MS. PINCAVAGE: So I can tell you, with Request

Number 2, although that may seem narrower, it's actually not

because of what I was saying, because we don't always bill

based on CPT codes.

If you -- if you look at the hospital transparency

reports, it will say the service and if there is a CPT code

associated with it, but a lot of services don't have CPT codes

associated with them. My understanding is they're used more by

physicians and -- and professionals rather than --

THE COURT: Well --

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MS. PINCAVAGE: -- hospitals.

THE COURT: -- that becomes -- that becomes

Mr. Alderman's problem -- right? -- because if he wants CPT

codes, you're going to give him CPT codes, and that's that.

MS. PINCAVAGE: Yeah. 

I mean, look, the other problem, candidly, is that, like I

said, the hospital doesn't keep great records on a CPT code

basis. And I'm not certain that they would even be able to run

a report, based on payments on C- -- by a CPT code level,

without either purchasing software or bringing in some kind of

outside consultant.

My understanding is they don't track data that way.

THE COURT: So --

MS. PINCAVAGE: So --

THE COURT: -- let me ask you this.

MS. PINCAVAGE: Yeah.

THE COURT: Is Mr. Alderman right that 2 is more work

for you than, in fact, 1?

MS. PINCAVAGE: Well, 1 -- 1 is kind of the same as 2

because it's -- it is also seeking codes, you know, payment

data at the code level. Anything that's a code level is

problematic.

THE COURT: All right. Can you give them a data

report like you've produced in the document Bates-stamped 6262

that gives the defendant claim level market reimbursement data

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for 2016 through 2020?

MS. PINCAVAGE: And, again, Judge, I'm not trying to

be difficult, but what is market level reimbursement data?

THE COURT: Okay. Let me stop that. Hold on.

MS. PINCAVAGE: Is it -- is it for charges?

THE COURT: Hold on there for a minute.

What -- Mr. Alderman, what is -- because I wrote it down,

exactly what you said. What is market reimbursement data?

Is that what your question is, Ms. Pincavage?

MS. PINCAVAGE: Yes. Exactly what fields and what

data would we be required to produce?

THE COURT: Mr. Alderman, can you shed some light on

that? I certainly can't explain it.

MR. ALDERMAN: Yes, Your Honor.

All we mean by "market reimbursement data" is what -- what

do you find in the remainder of the request, which is we want

to know what these payers, who are identified in the 2021

transparency report, are paying for specific claims.

So the hospital -- they say, during -- from 2016 to 2020,

they had 5 million claims. And from the data report, we've

surmised that those 5 million claims must be in some system

capable of quickly aggregating them because we have the

aggregate data. We have the aggregate data by payer

classification. 

But I strongly suspect that that raw data, the claims

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level data -- and so when I'm talking about claims level in the

request, I'm talking about the individual claims, what was

billed, what was paid, what the service was, that type of

information, however it's stored. 

I'm talking about the data from these other market payers,

the ones identified in the transparency report, at the claim

level.

THE COURT: So you already -- you just -- I want to

confirm what you just -- that I understood you correctly.

You say that you have the aggregate data for each of the

payers already identified in the 2021 transparency report;

correct?

MR. ALDERMAN: No. I'm sorry. It's not exactly that.

We have -- we have data sufficient in the -- for 2021 to

determine what particular payers would pay for a particular

claim. So if we had a claim in 2021, we could look at the

transparency report and see what -- what would be paid

according to the contract.

So that's separate than what we're asking for because, in

2016, we don't just have contract rates and expectations of

payment, but we know exactly what was billed on a particular

claim and exactly what was paid or -- let me -- let me back up.

We don't know, but the hospital knows because they have

that in their system. So the hospital knows, for each claim,

how much they billed, what service was provided, and how much

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they were paid. And that's the data that we're trying to get

at.

THE COURT: For 2021 -- which I know is not a year at

issue, but for 2021, the transparency report contains all the

information that you want for 2016 through 2020; is that

correct?

MR. ALDERMAN: It -- it's -- if we had the

transparency -- if we had the equivalent of the 2021

transparency report for 2016 through 2020, then I -- we would

have a large percentage of what we're seeking. 

But the difference in the 2021 transparency report and the

data that we're seeking is that the data we're seeking is

actual data. It's an actual claim with actual billed charges

that is actual services provided and an actual payment amount.

The 2021 data --

THE COURT: Why do you need that?

MR. ALDERMAN: What's that?

THE COURT: Why do you need that?

MR. ALDERMAN: Oh.

So we've got -- we've got this -- this number of disputed

claims, and I think we've got -- nationally, we have it, and we

have it specifically with claims that ELAP audited at 

South Broward. 

And so we know -- from Memorial or South Broward, we know

what ELAP paid for particular services. But in order to

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determine reasonable value, we'd, of course, love it if the --

the reasonable value evidence is limited to what ELAP paid.

But, of course, that's not the hospital's position.

So we need to know what other payers paid for those same

types of goods and services.

THE COURT: Right, but why isn't an aggregate report

sufficient to show you what those payers paid?

MR. ALDERMAN: Okay. So, you know, one of the

challenges that -- that I'm realizing here is you can't see

this data report. I'm wondering whether it would be helpful

for you to see it, but I can describe it as best I can.

The -- so there's a -- I told you before, there are four

tabs. I told you about one tab, and then we quickly got off

track, which was good because we got to address some issues,

but I never described the other tabs. The second tab is called

"Inpatient Revenue Per Case."

And so it has -- basically, it has -- well, I'm not going

to count them up, but there may be six boxes with information

in it. The first one is total inpatient revenue, and it

divides it among -- about ten -- well, less than ten. It's

eight, I think. Let me count them. One, two -- it's nine

categories of payers. 

And these categories are things like insurance, Medicaid,

Medicaid H- -- HMO, Medicare, Medicare HMO, other, other

managed care, and self-pay. And then it gives you the total

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amount of revenue, which we understand to be payments that were

made to the hospital from those payers, in each of 2016 -- or

I'm sorry -- 2015, 2016, 2017, 2018, 2019, 2020, and '21.

So we have the total revenue, but we don't know anything

about the services that were provided. So we -- all we -- we

don't know how much was billed in order to generate that

revenue. All we know is the total amount paid by those payers,

which is -- and I think we have to do this at some point in the

case. We need to determine whether a particular claim was

underpaid or not.

You know, we will have -- for that particular claim, we'll

know how much was billed. We'll know what service was

provided. And then the question will be, given that

information, how much should be paid.

And as you've talked about in your ruling -- or in your

prior rulings and -- and even -- even today, there are a bunch

of factors that would go in to determining what should be paid

or what is the reasonable value. And one of those factors is

what gets paid in the market for those goods and services.

And so if I look at this data report, that MHS086262, I

have no idea what any payer would pay for that particular set

of goods or services. But if we had the -- the claim level

data that I know has to be available, because that's the only

way you could create this data report that they've produced,

then I would know. 

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I could group them. I could group similar goods and

services and see what various payers paid in the market for

that good or service.

THE COURT: All right.

MR. ALDERMAN: But as it stands, with this data

report, I can't do that at all.

THE COURT: All right. Back to you, Ms. Pincavage.

I'm sorry for the -- the -- the ping-ponging. I'm breaking my

own rules, but I just wanted to address that because, again,

I'm trying to fashion a remedy that keeps the case moving

forward, gets plaintiff -- gets defendant what they want

without unduly burdening the -- the hospital.

Anything else you'd like to add? Let me see if I have any

more questions for you.

MS. PINCAVAGE: No. I mean, the only -- the only

thing I would say is, again, Mr. Bross's deposition will be

coming up imminently. And I think that this issue is

potentially premature until he has an opportunity to testify

and explain what the methodology was here in more detail and

the significance of the data on the report.

THE COURT: When is the deposition?

MS. PINCAVAGE: I don't believe we have set the dates

for that yet. I don't think it's much of a spoiler alert to

say that Mr. Bross may also be a corporate representative, and

the parties are trying to work out the scope of ELAP's

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corporate representative notice.

THE COURT: All right. The only problem I have is,

you know, you've got a discovery deadline, which I think I said

was September. So that's right around the corner.

And whatever -- waiting for that deposition, you know, is

risky because if Mr. Bross does not provide the information

that the defendant seeks, then we're going to be right back

here. And, again, it's a discovery deadline. And I can assure

you Judge Singhal is not going to be happy about that.

Unfortunately, I don't think I've heard from plaintiff any

good compromise that I can use. If you can think of something,

please let me know.

MS. PINCAVAGE: Unfortunately, Your Honor, there's

nothing I can agree to without talking to my client. I

don't -- I don't have a perfect understanding of its

capabilities to -- to provide a compromise suggestion on this.

THE COURT: All right. Let me see if I have any other

questions that I didn't ask you. 

You told me about the CPT codes and the -- and the issues

with those. You don't think you necessarily keep them that

way. And, of course, my response to that was, well, that's

defendants' problem because that's what they asked for.

What about data dictionaries? Do you know if the hospital

has any?

MS. PINCAVAGE: I don't know what a data dictionary

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is. I have no idea.

THE COURT: Well, he explained it --

(Laughter.) 

THE COURT: -- during our conversation today, and, you

know, it's kind of like a common sense -- you're using codes.

They spent a lot of time and money deposing folks just to

figure out what these codes meant. 

To the extent that the hospital has any kind of central

list of what these codes mean, you know, turn those over.

MS. PINCAVAGE: I mean, I think they're really just

standard codes across the medical billing industry. I'm not

sure what differentiation there really should or could be.

THE COURT: Okay.

MS. PINCAVAGE: The data we have is the data that's on

the standard claim form, I mean, or that comes from the payer

itself.

THE COURT: Is there anything else that you'd like to

add before I go back to Mr. Alderman for a very brief rebuttal,

if any?

MS. PINCAVAGE: The only thing I would say,

Your Honor, is, again, you know, to the extent that ELAP is

continuing to say that Baker County doesn't apply, we've got a

dispute there. It did mention Colomar again in its brief.

And I believe that if we were to provide the report of the

out-of-network letters of agreement, at that point, ELAP would

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 48 of 88
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even have the information that it would need under Colomar,

which, you know, I believe several courts have rejected. 

And most recently, it was rejected in the North Shore

Medical Center case v. Cigna in the Southern District just last

year. I don't know that Colomar was necessary rejected, to be

clear, but Baker County was certainly followed in a very

similar case.

So, you know, I think that they have sufficient data. To

the extent they depose Mr. Bross and find out that they simply

cannot, for some reason, use the percentage-based system that,

you know, Memorial devised, then I think the remedy is for ELAP

to come back.

THE COURT: Hold on. I'm just taking notes. Give me

one second.

All right. Give me one second. I'm looking for the last

case that you cited, but just give me a moment while I look

through my notes.

Okay. Sorry about that. I was just looking for -- for

the North Shore Medical Center case, and I'm looking at my

notes on it.

So that was Judge Moore on a motion to dismiss, and --

MS. PINCAVAGE: If I may interrupt, the one I was

referencing was a discovery order that was -- it was 

Magistrate Judge Louis.

THE COURT: Oh. I didn't see that one.

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MS. PINCAVAGE: Yeah. It was April 8th, 2021.

THE COURT: And what's the name of the case? Because

I don't remember you citing that in your papers when I read it.

MS. PINCAVAGE: It was North Shore Medical Center.

THE COURT: The North Shore Medical Center --

MS. PINCAVAGE: -- v. Cigna Health and Life.

THE COURT: Hold on a second.

Yeah. I'm pretty sure that's Judge Moore unless I'm --

hold on.

MS. PINCAVAGE: It is, Your Honor, but the -- but what

I was referring to just now was a discovery order that was

entered by Magistrate Judge Louis.

THE COURT: All right. Thank you. 

Josh, I know you're listening. Can you get me the Judge

Louis opinion?

The one I read is the one that you cited, and that was the

2022 decision by Judge Moore. And my notes reflect that,

there, they were talking about fair market value and

interpreting, again, a statutory payment schedule at Florida

Statute 627.64194. 

So they were, again, defining "usual and customary," which

is, I think, somewhat different than "reasonable value" for our

purposes. And there, I think he held that it was fair to

consider the amounts billed and the amounts accepted,

following -- accept Medicare and Medicaid, following 

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 50 of 88
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Baker County. 

But, again, it's -- like Baker County, it was a statutory

interpretation kind of case on usual and customary. So I think

that case was distinguishable, but that's my reading of that

case.

Let me see. And then Baker County --

MS. PINCAVAGE: If Your Honor -- can I add one more

thing about the Bross spreadsheet as well? Because, again, you

can't see it, and -- and I think it may help to explain that

the year-to-year percentage difference we're talking about here

is not very big.

So, you know, in the aggregate between, for example, 2021

and each preceding year -- in 2020, the average -- the average

rate change for all types of patients was less than 2 percent.

It was 1.83 percent lower than the 2021 reimbursement. In

2019, I think it was about 9.57 percent lower than 2021.

So, you know --

THE COURT: Yes. The affidavit at 89-1, Paragraph 4.

I see it, yeah. That's what --

MS. PINCAVAGE: Yes. Yes.

THE COURT: And, again, I think what defense says is

that these rates don't include any out-of-network numbers.

MS. PINCAVAGE: That's true, Your Honor, and that's

why I was offering to provide the spreadsheet of the

out-of-network agreements.

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THE COURT: All right. Thank you.

Mr. Alderman, if -- if plaintiff were to provide the

spreadsheet of out-of-network agreements, would that help your

analysis so that this motion would go away?

MR. ALDERMAN: Your Honor, Kris Alderman for the

defendant.

No, it wouldn't make this motion go away. I -- I don't

have any idea how many -- how many single-case agreements there

are. It may be a tiny sliver of -- maybe a fraction of a

percent of what we're actually seeking here. So it certainly

wouldn't make the motion go away.

The -- and I also want to say -- I think this Baker

County/Colomar distinction is an issue that's -- that's going

to have to get decided in the case, but it's not one that has

to get decided today because the -- as I -- and you correctly

point out that North Shore case -- I haven't read the discovery

opinion, but I know that the North -- the North Shore case is a

statutory interpretation case, which does distinguish it.

But, again, we've -- we've said that you could -- you

could exclude Medicare, Medicaid, and all government-regulated

rates from whatever the Court decides to compel. So that

renders this dispute over Baker and Colomar moot for today's

purposes. It certainly remains in the case.

THE COURT: I think you're right about that.

MR. ALDERMAN: Okay.

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THE COURT: You're right about that.

MR. ALDERMAN: The --

THE COURT: Go ahead.

MR. ALDERMAN: I can also tell you that taking

Mr. Bross's deposition is not going to resolve the issues in

this motion. We certainly need to take his deposition, but

there's no -- we're seeking claims level data that will help us

look at individual claims, and there's no way that Mr. Bross is

going to be able to testify about that at his deposition.

So he -- we'll certainly get information from him that

will be -- that will be valuable to us and be helpful, but it's

not going to resolve this issue.

And the last thing I'd add is the -- the idea that we

should just come back yet again is really unpalatable for a

bunch of reasons, schedule being one.

But it's -- it's frustrating that we're -- we're here, and

we've been working on this issue for over a year, and the

plaintiff still doesn't know what its systems are capable of

doing, which makes it very challenging for us to try and

fashion requests that aren't burdensome. And you can

understand that because you're having the same struggle here.

We -- we think there exists some data in their system that

would give us the claims level information about what's paid

for particular goods and services at a claim level that would

be helpful to us, that wouldn't be burdensome to produce. But

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as long as they're going to hide the ball in terms of what they

can do, I can't fashion a request or a compromise.

So --

THE COURT: I have a feeling that if I ask you guys to

go back to the drawing board, you're going to be back here

anyway. I mean, I tried that in June, when I said, you know,

"Here's the compromise that's going to hopefully save the

hospital some headaches."

But I understand. I mean, I'm not going to force you to

stipulate that you weren't able to reach a stipulation, and

instead you got the declaration and then the underlying

documents.

So I'm not sure that telling you guys -- you know, denying

the motion without prejudice is going to advance the ball, and

instead the clock keeps ticking. So I'm very cognizant of that

discovery deadline.

Let me ask Ms. Pincavage one last question, and then I

really -- we're going to break because I have another hearing

that I need to address.

Ms. Pincavage, in June of 2021, I asked you -- again, I'm

trying to find a middle ground where you don't have to produce,

you know, potentially, you know, voluminous claims data for --

for four years.

One of the things that I threw out at you back in June,

upon me reading the transcript, was the possibility of creating

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 54 of 88
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the equivalent of a transparency report for 2016 through 2020.

And back then, you told me, "Impossible." I think, almost

verbatim, you said that's just not possible. 

Well, because, you know, it's -- is that more palatable

than perhaps having to do what's requested in either 

Request for Production Number 1 or Number 2?

MS. PINCAVAGE: No, Your Honor. It remains

impossible.

THE COURT: Why is it impossible? You did it for

2021. I don't get it.

MS. PINCAVAGE: It took -- because it took a team of

employees months to compile all of that data because the

hospital doesn't keep data that way. Now, to go back and

retroactively -- oh. I'm sorry.

THE COURT: No. Go ahead.

MS. PINCAVAGE: No. To ask a team of people to

retroactively go back and produce that data, which -- I would

also add the transparency laws -- they're not retrospective.

THE COURT: No. I know that.

MS. PINCAVAGE: So the hospital is under -- you know,

it's under no obligation to go back and create that under

federal law. But given the amount of time that went into that,

I don't think that that will happen --

THE COURT: Right.

MS. PINCAVAGE: -- certainly before the conclusion of

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 55 of 88
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discovery, if not the conclusion of the lawsuit.

THE COURT: Right. I guess what I'm trying to do is,

you know, plain -- plain as day -- is try to come up with

something, a report that the hospital can generate, that will

give the defendants the information that they're looking for.

Every -- every suggestion is going to have, you know, a

downside to -- to the plaintiff. There's no question that it's

going to involve time and money and effort. I'm trying to find

one that minimizes the -- that minimizes that, but --

MS. PINCAVAGE: I understand that, Your Honor. 

And like I said, without speaking with my client, I don't

know that I have authority to agree to a compromise, but I can

unequivocally say the hospital will not agree to create

transparency reports for prior years. That much, I do know.

THE COURT: Well, I mean, this motion has been on the

calendar for a while. I think you had plenty of opportunity to

discuss with your clients possible solutions to this because

you know how I rule.

So that's unfortunate because I'm probably going to end up

doing something that's more heavy-handed than, you know,

something you might have suggested as an alternative, but

that's just the way these hearings sometimes go.

All right. At this point, what I'd like to do -- it's

11:30. I'm going to take a 15-minute break. We'll come back

at 11:45. You can either remain on the line and, you know,

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 56 of 88
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interactively resolve this while I'm away or just be available,

or you can hang up. Actually, I'd prefer if you stayed on the

line. 

I'm going to stop the recording, in case you guys want to

chat, and then I'm going to mute myself and think of how I'm

going to handle this. And then I will rule from the bench, as

I did in the past.

So let me start by -- by stopping the -- the recording.

(Recess taken.) 

THE COURT: I'm back from the short recess, and I'm

prepared to rule on this matter. Everyone is still on -- on

the call.

I'll just confirm that all the plaintiff's attorneys and

both defense --

MS. PINCAVAGE: Kris, are you there?

MR. ALDERMAN: Kris Alderman? Yes.

MS. PINCAVAGE: Yeah.

THE COURT: Yeah, they're still here.

Everyone is here, plaintiff's attorney Danya Pincavage,

Hana Aryan, and Tal Lifshitz -- according to my screen

anyway -- and defense attorney Kris Alderman and Irene Bassel

Frick.

All right. I am prepared to rule on this motion. We are

here on the defendants' motion --

MR. LIFSHITZ: Your -- Your Honor --

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MS. PINCAVAGE: Your Honor, it's -- I'm sorry. It's 

Danya Pincavage. 

May I -- may I interject for one moment, please.

THE COURT: Yes.

MS. PINCAVAGE: I have a call in to my client right

now, and I'm waiting to hear back from them. Would it be

possible to file a notice by the end of the day saying either

what we can produce or that an agreement has been reached?

THE COURT: Mr. Alderman, your position?

MR. ALDERMAN: Your Honor, we haven't -- we didn't

discuss any type of agreement. So I don't -- I would prefer to

get a ruling rather than continue to put this off.

MR. LIFSHITZ: Judge, this is Tal Lifshitz, Kozyak

Tropin & Throckmorton, on behalf of the plaintiff. 

I understand Mr. Alderman's position, and obviously this

is work that -- that could have been done. But given some

dynamics that I don't need to raise with the Court, that was

just not possible.

I don't think that the prejudice of waiting five more

hours before the Court enters a ruling is substantial enough to

outweigh the potential benefit of the Court either: 

A. Making an informed ruling, understanding -- having a

better understanding of the plaintiff's capabilities of

generating a report; or

B. And maybe I'm naively optimistic about this, but the

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 58 of 88
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parties have had a very good working relationship so far in

resolving many discovery dispute -- disputes, including the

other motion that was set for this morning. I think we could

reach an agreement once they understand concretely what we will

be offering here.

The reason why we didn't have this conversation with

Mr. Alderman in the 15 minutes that you gave us was because we

just simply didn't have authority to even make an offer. We

were literally on the phone with our client and dropped him,

and we just ran out of minutes.

So --

THE COURT: Right.

MR. LIFSHITZ: -- we're just asking for this brief,

you know, recess to allow us to give the Court some more

information so that I can make an informed decision, or we can

speak with Mr. Alderman and see if we can notify the Court of

an agreement.

THE COURT: All right. I'm inclined -- I always

prefer for the parties to work it out because, like I said, you

know, I can be dropping a sledgehammer, whereas, you guys can

work this out. 

What I'm inclined to do is I'm going to rule on the

plaintiff's objection to these requests, and then I'm going to

defer ruling. I'm not going to deny the motion as prejudice --

without prejudice, or I'm going to deny the substantive ruling

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 59 of 88
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on the three specific requests, and we're going to reconvene

tomorrow morning at 9:30.

MR. LIFSHITZ: Okay. Very good, Your Honor.

THE COURT: Are you-all available -- Mr. Alderman, are

you available tomorrow morning at 9:30?

MR. ALDERMAN: Your Honor, I have a -- I have an

all-day mediation, but it's Central Time 9:30. So I -- I have

until -- I have from 9:30 until 10:30 tomorrow. Unfortunately,

I can't do that --

THE COURT: Right. Quite frankly, tomorrow, all I

would expect to do -- I'm not going to hear argument again.

You're either going to have a compromise, or you're not. And

if you're not, I'm going to -- I'm going to rule.

MR. ALDERMAN: Okay. Great, Your Honor.

THE COURT: But I want to keep a short leash on this.

So -- and I think Ms. Pincavage's -- Ms. Pincavage's

recommendation was that she would file some kind of a notice by

the end of the day. 

Is that correct, Ms. Pincavage?

MS. PINCAVAGE: Yes, Your Honor.

THE COURT: Okay. So we're going to -- that's with

notice. And then we'll reconvene tomorrow morning at 9:30 for

a very, very, very short time. I would imagine half an hour

max. I actually have a 10:00 o'clock appointment already. I

am interviewing law clerks for next year. 

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 60 of 88
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So I'll have to be off the phone by 10:00.

MR. ALDERMAN: Okay. Very good.

THE COURT: All right. So wait.

MS. PINCAVAGE: Thank you, Your Honor.

THE COURT: Let me -- you're welcome.

Again, I mean, I really tried to bend over backwards to

try to get a compromise today, but none was forthcoming. I

understand plaintiff's position that they just didn't have

authority to do that, but in the future, you need to kind of

predict that so that we don't have this happen again.

So for now, I'm going to defer ruling on the substance of

Request for Productions 1, 2, 3. We're going to reconvene

tomorrow morning at 9:00 -- at 9:30 on those three requests,

and I will put forth my rulings only on the record. For now, I

think this will provide guidance to the parties as they

continue to negotiate throughout the day.

I'm going to rule on the substance on -- on plaintiff's

objections to Request for Production 1, 2, and 3. In general,

the request to seek information related to the reasonable --

reasonable value of the goods and services provided by

plaintiff and at issue in this case. I believe that this is

relevant to both plaintiff's claims and to defendants'

affirmative defenses.

For example, to establish damages on its FDUPTA claim, the

plaintiff must show that it has been paid less than the

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 61 of 88
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reasonable value of goods and services provided to ELAP plan

members as a result of unlawful conduct of the defendant.

Defendants, as well, have asserted affirmative defenses

that challenge the reasonableness of plaintiff's raised -- for

example, Affirmative Defenses 13 and 43, both of which we

discussed at the June 24th, 2021, hearing.

As to plaintiff's objections, these are overruled. 

Plaintiff first objects to the phrase "market

reimbursement data" as being undefined. I think -- that

objection is overruled because I find that their request

adequately explains in the body what is being sought. And,

indeed, plaintiff goes on to explain why it can't produce the

information sought.

As to -- as -- plaintiff's next objection is that the

requests are retaliatory for plaintiff's service of its own

nonparty subpoenas. This objection, however, is unsupported,

unpersuasive, and it's overruled.

Plaintiff also objects that the requests seek irrelevant

information under Baker County. But Baker County, as I've said

before, and North Shore, for that matter, are both a statutory

interpretation case interpreting various Florida statutes

related to HMO's and whatnot and really don't apply to the

goods and services at issue in this case, which deal with

self-funded plans.

In any event, it's not necessary for me to rule on this

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 62 of 88
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because the defendants have agreed, for purposes of this

motion, to exclude Medicare, Medicaid, TRICARE, worker's comp,

and government-mandated reimbursement. So I don't need to make

that decision now, whether Colomar or Baker County -- and that

decision is actually left for another day. It is mooted out.

So that objection is overruled as moot.

Plaintiff next objects on the grounds that the request

calls for the production of confidential and proprietary

information. However, I have already entered a protective

order on this at ECF 43. That protects the confidentiality of

discovery produced in this case. Also, I had previously

overruled the same objection during the June 24th hearing.

Give me one second.

The requests do not seek the name -- in terms of the

June 24th hearing, I noted that the courts are required, when

dealing with trade secrets, to balance the party's interests in

obtaining access against the other party's interest in keeping

information confidential, citing to Chicago Tribune v.

Bridgestone/Firestone, Eleventh Circuit, 2001.

In the instant case, I find that defendants' interests in

obtaining this information, which is related to plaintiff's

claims and defendants', outweighs plaintiff's interest in

keeping the information confidential, in particular, as I've

said, because the Court has already entered a protective order.

And I'm citing to the case Medina v. Enhanced Recovery,

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 63 of 88
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Southern District of Florida, November 9th, 2017, which

overrules the objection, based on confidentiality and trade

secrets, because the Court has already entered a protective

order in that regard. So plaintiff's objection is overruled.

As well, I think relevant here -- the requests do not seek

in terms of confidentiality. They do not seek the names of

each payer but asks for the production of de-identified

information using, for example, a unique identifier for --

numerical identifier for each payer and a description of the

payer's line of business. For example, is it commercial,

Medicare, Advantage, Managed Medicaid, whatever? 

Lastly, defendant is correct that a contractual obligation

to provide a third party with notice and an opportunity to

object is not a valid reason to withhold relevant, discoverable

documents.

Plaintiff next objects to producing the market data,

citing to Florida Statute 395.3035(2)(c), but the undersigned

previously overruled this objection during the June 24th

hearing. As I stated during that hearing, Section 395, Florida

Statutes, provide that reimbursement data need not be provided

in response to a public records request.

That statute is inapplicable to the instant action, where

the reasonable value of plaintiff's services are directly at

issue in the complaint and through the affirmative defenses.

Per its language and its reference to Florida Statute

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 64 of 88
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119.07, Florida Statute 395.3035 relates to confidentiality of

otherwise public records, not to discovery, in a civil action,

citing to White v. City of Fort Lauderdale, Southern District

of Florida, May 8th, 2009, which states that the Florida Public

Records Act is not applicable to the objections raised to the

plaintiff's interrogatories. 

That case cites Rise -- Resier v. Wachovia, a Middle

District of Florida case, June 6th -- June 12th, 2006, holding

that where a party is requesting materials in -- as a party in

a case, the public right of access laws are inapplicable, and

the materials are discoverable under the rules governing

discovery.

Next, the plaintiff suggests that I previously denied

these requests for similar reimbursement data at the June 24th

hearing, but as we established, that is -- that is not

accurate. The transcript is clear on this point. At the

June 24th hearing, I ruled on defendants' fourth motion to

compel, which was ECF Number 59.

In that motion, the defendant sought reimbursement

information for Interrogatory 5 and Request for Production 61,

which asks for information for each healthcare claim. "State

the average amount paid to the hospital for the goods and

services provided"; Request -- Interrogatory Number 6 and

Request for Production 59, which sought the amount that the

hospital charged and accepted for inpatient network or PPO

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 65 of 88
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network; and lastly, Interrogatory 7 and Request for

Production -- Production 60, which asks for the same

information regarding Medicare beneficiaries.

I did not rule on these specific interrogatories or

document requests. Rather, my June 24th, 2021, ruling really

tried to find a practical solution, a compromise between the

parties, that would result in the production of sufficient,

relevant information, reimbursement data, without imposing an

undue burden on the plaintiff.

Thus, my ruling directed the plaintiff to produce the 2021

transparency report on reimbursement data, which it did, and

directed the parties to discuss, and I quote, "the possibility

of stipulating as to how the 2021 reimbursement rates related

to the rates paid in 2016 and 2020."

As we discussed during today's hearing, unfortunately, the

parties were not able to reach such a stipulation. Instead,

the plaintiff provided the declaration of Jeffrey Bross. And

in the declaration, Mr. Bross listed percentage changes and

expected payments for those years, 2016 to 2020, but did not

disclose or explain how Mr. Bross came up with those numbers.

Accordingly, in December of 2021, upon defendants' motion

at ECF Number 89, I compelled the plaintiff to explain how the

weighted averages in that declaration were calculated and,

relevant to today's motion, produce the documents that

plaintiff relied upon to create the Bross explanation in their

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 66 of 88
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sup- -- in the supplemental interrogatory answer.

According to the defendant, the document -- defendant --

I'm sorry. Plaintiff also produced a data report, and that

data report, which we have discussed today, Bates-stamp ending

in 6262, according to the defendant, was created from using the

same information that defendant seeks here today, thereby

leading to the conclusion that this information can be

obtained.

Lastly, plaintiff objects to the request on the grounds

that they are overly broad and disproportionate to the needs of

the case because the requests seek reimbursement information

for claims other than ELAP claims. This argument is

unpersuasive because the scope of discovery concerning

reasonable value is not limited to claims incurred only by ELAP

plan members.

As the defendant points out, if the scope of evidence

relevant to the reasonable value was limited to amounts paid

for the claims at issue, then the amounts paid by ELAP plans

would be the only evidence of reasonableness, which is

illogical.

Again, I have tried hard today to find a compromise

solution that would provide the defendants with the

reimbursement data it seeks for 2016 through 2020 without

unduly burdening the defense -- the plaintiff.

I note that plaintiff also objects to the request as

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 67 of 88
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overbroad in that GPA -- I'm sorry -- GPA and ELAP seek

reimbursement for services or goods that were not provided to

the patients participating in health plans administered by GPA

and administered by ELAP -- actually, the other way around.

But request for Production Number 2 seems to narrow their

request by CPT codes and "Hick-Pick" for the disputed claims

at -- and that's -- and that's in Exhibit A, which is attached.

As I said, I tried to fashion a compromise, but plaintiff

has now offered that it would discuss with its client the

possibility of a compromise position that would moot this

motion. Therefore, I'm going to defer ruling on the motion to

compel other than, as I said, the global rulings on the

objections.

I ruled on the objections because I wanted to give

plaintiff a clear indication of which way I am going so that,

in the discussion with your client, you can tell them that all

of your objections have been overruled.

I hope that that discussion is fruitful, that you can come

up with an idea of what it is that the hospital has the

capability of producing that satisfies the defendants'

requests, and that you have an opportunity to discuss that with

defense counsel to see if, in fact, you can reach a compromise.

Plaintiffs are -- plaintiff is to file a notice by close

of business today regarding the status of the discussions with

both its clients and the defendant as well. We will reconvene

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 68 of 88
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tomorrow at 9:30 a.m. for a half-an-hour hearing, where I will

deliver the rest of my ruling with reference to the -- the

requests at issue in the motion.

Anything further from the plaintiff, Ms. Pincavage?

MS. PINCAVAGE: No, Your Honor. Thank you.

THE COURT: All right. Mr. Alderman, on behalf of the

defendant?

MR. ALDERMAN: No, Your Honor.

THE COURT: All right. Thank you very much, everyone.

Have a good day, and we'll be back on the line tomorrow morning

at 9:30.

MS. PINCAVAGE: Your Honor, will you be circulating a

dial-in for tomorrow morning as well?

THE COURT: It's the same dial-in.

MS. PINCAVAGE: It is? 

Okay. Thank you. It is.

THE COURT: Also -- actually, let me just amend what I

just said a little bit.

If, in fact, the parties are able to resolve this, please

put that in your notice. Make it a joint notice so that we can

cancel the hearing tomorrow.

MS. PINCAVAGE: Yes, Your Honor.

THE COURT: And then, obviously, I would deny the

motion as moot, based on the parties having reached an

agreement.

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 69 of 88
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All right. So please let me know. I hope that's the

option. That way, I can sleep a little later.

(Laughter.) 

THE COURT: So -- all right, everyone. Thank you

both. 

Anything else from the plaintiff?

MS. PINCAVAGE: No, Your Honor.

THE COURT: From defense?

MR. ALDERMAN: No, Your Honor. Thank you.

THE COURT: All right. Thank you. I'll wait for that

notice, and we'll -- we may be reconvening tomorrow, if

necessary. 

Everyone have a good day.

MS. PINCAVAGE: Thank you. You, too.

MR. ALDERMAN: Thank you, Judge.

THE COURT: You're welcome.

This stops our hearing for today.

(Proceedings adjourned.) 

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 70 of 88
CERTIFICATE OF TRANSCRIBER

 I certify that the foregoing is a true and correct 

transcript, to the best of my ability, of the above pages of 

the official electronic sound recording provided to me by the 

U.S. District Court, Southern District of Florida, of the 

proceedings taken on the date and time previously stated in the 

above matter. 

 I further certify that I am neither counsel for,

related to, nor employed by any of the parties to the action in

which this hearing was taken, and further that I am not

financially nor otherwise interested in the outcome of the

action.

DATE: Saturday, July 2, 2022 

 /S/ James C. Pence-Aviles 

James C. Pence-Aviles, RMR, CRR, CSR No. 13059 

 U.S. Court Reporter 

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Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 71 of 88
$

$600 [2] 1:13/15 1:13/16

'

'21 [1] 1:45/3

-

---000 [1] 1:3/3

/

/S [1] 1:71/20

0

000 [1] 1:3/3

1

1.83 percent [1] 1:51/15

10 [1] 1:11/16

101 [1] 1:5/21

104 [1] 1:5/22

104-1 [1] 1:36/3

104-2 [2] 1:12/15 1:29/18

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119 [1] 1:6/2

119.07 [1] 1:65/1

11:30 [1] 1:56/24

11:45 [1] 1:56/25

12th [1] 1:65/8

13 [1] 1:62/5

13059 [2] 1:1/25 1:71/21

146 [1] 1:36/3

15 [5] 1:7/14 1:8/5 1:8/18

 1:18/6 1:59/7

15-minute [1] 1:56/24

15th [1] 1:6/4

16th [1] 1:6/18

1700 [1] 1:2/5

2

2 percent [1] 1:51/14

20 [5] 1:7/11 1:7/15 1:7/21

 1:32/3 1:36/2

20 percent [3] 1:10/7 1:13/16

 1:13/16

20-Civil-61007 [1] 1:3/6

20-CV-61007-AHS [1] 1:1/7

2000 [1] 1:2/3

2001 [1] 1:63/19

2006 [1] 1:65/8

2009 [1] 1:65/4

2015 [2] 1:32/4 1:45/3

2016 [31] 1:9/19 1:9/23 1:10/4

 1:10/6 1:12/17 1:13/5 1:13/7

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 1:31/11 1:34/13 1:34/21 1:37/3

 1:37/5 1:41/1 1:41/19 1:42/20

 1:43/5 1:43/9 1:45/2 1:45/3

 1:55/1 1:66/14 1:66/19 1:67/23

2017 [2] 1:45/3 1:64/1

2018 [1] 1:45/3

2019 [2] 1:45/3 1:51/16

2020 [21] 1:9/19 1:9/23 1:12/17

 1:17/1 1:17/4 1:17/10 1:19/22

 1:20/5 1:31/11 1:34/13 1:37/5

 1:41/1 1:41/19 1:43/5 1:43/9

 1:45/3 1:51/13 1:55/1 1:66/14

 1:66/19 1:67/23

2021 [47] 1:6/12 1:6/17 1:9/16

 1:9/18 1:9/22 1:10/2 1:10/3

 1:10/7 1:12/16 1:12/21 1:12/23

 1:13/3 1:13/15 1:16/23 1:16/25

 1:17/2 1:17/8 1:31/10 1:31/15

 1:31/19 1:31/22 1:32/4 1:32/4

 1:34/19 1:34/20 1:34/22 1:37/4

 1:41/17 1:42/11 1:42/14 1:42/16

 1:43/3 1:43/4 1:43/8 1:43/11

 1:43/15 1:50/1 1:51/12 1:51/15

 1:51/16 1:54/20 1:55/10 1:62/6

 1:66/5 1:66/10 1:66/13 1:66/21

2022 [5] 1:1/11 1:3/1 1:6/18

 1:50/17 1:71/16

203 [1] 1:1/16

24th [10] 1:8/12 1:18/4 1:36/3

 1:62/6 1:63/12 1:63/15 1:64/18

 1:65/14 1:65/17 1:66/5

2525 [1] 1:1/19

26 [1] 1:37/5

27th [1] 1:1/16

29 [3] 1:1/11 1:3/1 1:6/13

2937 [1] 1:1/16

3

30326 [1] 1:2/3

33133 [1] 1:1/17

33134 [1] 1:1/20

33602 [1] 1:2/6

395 [1] 1:64/19

395.3035 [2] 1:64/17 1:65/1

4

40 [1] 1:7/13

401 [1] 1:2/5

43 [2] 1:62/5 1:63/10

5

5 million [6] 1:14/15 1:14/17

 1:15/19 1:35/11 1:41/20 1:41/21

59 [2] 1:65/18 1:65/24

6

60 [1] 1:66/2

61 [1] 1:65/20

61007 [1] 1:3/6

6262 [5] 1:12/9 1:12/13 1:15/4

 1:40/24 1:67/5

627.64194 [1] 1:50/20

6th [1] 1:65/8

7

70 [1] 1:1/1

8

835 [1] 1:18/25

837 [1] 1:18/25

89 [1] 1:66/22

89-1 [2] 1:12/14 1:51/18

8th [2] 1:50/1 1:65/4

9

9.57 percent [1] 1:51/16

94 [1] 1:6/17

945 [1] 1:2/3

95 [4] 1:7/1 1:8/13 1:11/5

 1:38/10

9:00 [1] 1:61/13

9:30 [8] 1:60/2 1:60/5 1:60/7

 1:60/8 1:60/22 1:61/13 1:69/1

 1:69/11

9th [2] 1:1/19 1:64/1

A

a.m [2] 1:3/1 1:69/1

abbreviation [1] 1:27/12

ABDELRAZAK [1] 1:1/18

ability [1] 1:71/5

able [9] 1:4/9 1:12/24 1:15/1

 1:19/15 1:40/8 1:53/9 1:54/10

 1:66/16 1:69/19

about [37] 1:9/9 1:9/24 1:15/3

 1:16/6 1:16/8 1:18/20 1:19/25

 1:20/20 1:22/4 1:27/3 1:28/13

 1:28/17 1:29/22 1:34/13 1:34/17

 1:34/19 1:37/3 1:42/1 1:42/2

 1:42/5 1:44/13 1:44/20 1:45/5

 1:45/15 1:47/9 1:47/19 1:47/23

 1:49/18 1:50/18 1:51/8 1:51/10

 1:51/16 1:52/24 1:53/1 1:53/9

 1:53/23 1:58/25

above [2] 1:71/5 1:71/9

absolutely [2] 1:23/6 1:23/23

accept [8] 1:20/13 1:29/3

 1:30/19 1:33/8 1:33/10 1:33/14

 1:38/9 1:50/25

accepted [4] 1:33/4 1:33/6

 1:50/24 1:65/25

access [2] 1:63/17 1:65/10

accessed [1] 1:14/21

according [5] 1:5/24 1:42/18

 1:57/20 1:67/2 1:67/5

Accordingly [1] 1:66/21

accuracy [1] 1:17/23

accurate [2] 1:15/17 1:65/16

across [1] 1:48/11

Act [3] 1:16/7 1:16/7 1:65/5

action [4] 1:64/22 1:65/2

 1:71/11 1:71/14

actual [5] 1:43/13 1:43/13

 1:43/13 1:43/14 1:43/14

actually [12] 1:9/23 1:14/2

 1:14/9 1:15/23 1:26/18 1:39/17

 1:52/10 1:57/2 1:60/24 1:63/5

 1:68/4 1:69/17

acuity [1] 1:12/4

ad [1] 1:31/25

add [6] 1:35/5 1:46/13 1:48/18

 1:51/7 1:53/13 1:55/18

addition [1] 1:10/20

address [5] 1:8/17 1:20/3

 1:44/14 1:46/9 1:54/19

adequately [1] 1:62/11

adjourned [1] 1:70/18

adjust [1] 1:13/15

adjusted [3] 1:11/21 1:14/5

 1:14/22

administered [2] 1:68/3 1:68/4

administering [1] 1:20/22

Administrators [1] 1:4/1

advance [1] 1:54/14

Advantage [1] 1:64/11

Aetna [4] 1:16/15 1:20/20

 1:21/7 1:23/10

affidavit [2] 1:12/13 1:51/18

affirmative [5] 1:6/23 1:61/23

 1:62/3 1:62/5 1:64/24

after [1] 1:6/19

again [29] 1:4/3 1:8/13 1:9/21

 1:15/3 1:16/6 1:19/10 1:29/19

 1:30/18 1:31/25 1:32/15 1:33/1

 1:41/2 1:46/9 1:46/16 1:47/8

 1:48/21 1:48/23 1:50/19 1:50/21

 1:51/2 1:51/8 1:51/21 1:52/19

 1:53/14 1:54/20 1:60/11 1:61/6

Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 72 of 88
A

again... [2] 1:61/10 1:67/21

against [1] 1:63/17

aggregate [8] 1:28/18 1:32/1

 1:37/15 1:41/23 1:41/23 1:42/10

 1:44/6 1:51/12

aggregating [1] 1:41/22

agree [10] 1:9/1 1:9/4 1:17/18

 1:21/23 1:27/8 1:27/18 1:31/9

 1:47/14 1:56/12 1:56/13

agreed [4] 1:17/22 1:17/24

 1:34/10 1:63/1

agreement [12] 1:9/7 1:33/12

 1:33/16 1:34/3 1:34/9 1:34/11

 1:48/25 1:58/8 1:58/11 1:59/4

 1:59/17 1:69/25

agreements [5] 1:16/12 1:37/9

 1:51/25 1:52/3 1:52/8

agrees [2] 1:20/9 1:30/19

ahead [3] 1:23/3 1:53/3 1:55/15

AHS [1] 1:1/7

AKERMAN [2] 1:2/5 1:3/24

al [2] 1:1/8 1:3/6

ALDERMAN [32] 1:2/2 1:2/4

 1:3/21 1:3/22 1:7/22 1:7/23

 1:8/18 1:10/10 1:23/4 1:23/17

 1:23/22 1:23/22 1:24/9 1:30/19

 1:33/20 1:33/22 1:35/5 1:35/23

 1:36/15 1:40/17 1:41/7 1:41/12

 1:48/18 1:52/2 1:52/5 1:57/16

 1:57/21 1:58/9 1:59/7 1:59/16

 1:60/4 1:69/6

Alderman's [2] 1:40/3 1:58/15

alert [1] 1:46/23

alerts [1] 1:5/13

Alicia [1] 1:1/4

all [74] 

all-day [1] 1:60/7

allegation [1] 1:8/24

allow [1] 1:59/14

almost [1] 1:55/2

alone [1] 1:29/21

along [1] 1:35/4

already [12] 1:14/25 1:15/20

 1:17/7 1:17/21 1:23/20 1:31/3

 1:42/8 1:42/11 1:60/24 1:63/9

 1:63/24 1:64/3

also [23] 1:3/24 1:4/14 1:4/17

 1:5/23 1:6/16 1:10/21 1:17/25

 1:21/12 1:22/14 1:30/17 1:31/13

 1:31/23 1:35/4 1:40/20 1:46/24

 1:52/12 1:53/4 1:55/18 1:62/18

 1:63/11 1:67/3 1:67/25 1:69/17

alternative [3] 1:23/23 1:26/16

 1:56/21

although [1] 1:39/17

always [2] 1:39/18 1:59/18

am [7] 1:36/14 1:38/15 1:57/23

 1:60/25 1:68/15 1:71/10 1:71/12

amend [1] 1:69/17

amended [4] 1:6/16 1:6/22

 1:29/15 1:29/17

among [2] 1:9/7 1:44/20

amongst [1] 1:38/19

amount [13] 1:11/22 1:13/11

 1:24/25 1:26/11 1:29/8 1:33/7

 1:33/14 1:43/14 1:45/1 1:45/7

 1:55/22 1:65/22 1:65/24

amounts [7] 1:33/3 1:33/4

 1:34/10 1:50/24 1:50/24 1:67/17

 1:67/18

analysis [3] 1:17/25 1:36/12

 1:52/4

analyze [1] 1:15/23

analyzed [1] 1:19/12

and 3 [1] 1:61/18

another [6] 1:4/20 1:7/14

 1:20/1 1:24/7 1:54/18 1:63/5

another's [1] 1:4/17

answer [6] 1:6/23 1:12/15

 1:29/15 1:29/18 1:34/1 1:67/1

answering [1] 1:27/23

answers [1] 1:14/9

any [19] 1:5/6 1:13/4 1:14/17

 1:16/2 1:22/16 1:32/22 1:32/23

 1:45/21 1:46/13 1:47/10 1:47/17

 1:47/24 1:48/8 1:48/19 1:51/22

 1:52/8 1:58/11 1:62/25 1:71/11

anything [8] 1:24/2 1:35/21

 1:40/21 1:45/4 1:46/13 1:48/17

 1:69/4 1:70/6

anyway [3] 1:22/17 1:54/6

 1:57/21

appeal [1] 1:33/9

appearances [4] 1:1/14 1:1/23

 1:2/1 1:3/11

apples [1] 1:35/18

applicable [1] 1:65/5

applied [1] 1:13/20

apply [3] 1:15/15 1:48/22

 1:62/22

applying [1] 1:13/22

appointment [1] 1:60/24

appreciate [1] 1:21/5

approach [2] 1:9/15 1:30/12

April [2] 1:6/12 1:50/1

April 8th [1] 1:50/1

arbitrary [1] 1:33/8

are [65] 1:4/11 1:4/21 1:5/16

 1:5/19 1:6/9 1:8/2 1:8/2 1:9/11

 1:13/23 1:14/1 1:15/14 1:16/19

 1:17/14 1:20/12 1:20/21 1:21/11

 1:21/14 1:21/21 1:22/1 1:22/16

 1:23/5 1:23/17 1:23/19 1:23/23

 1:24/13 1:24/14 1:24/19 1:24/25

 1:25/13 1:25/14 1:25/16 1:25/17

 1:26/8 1:26/24 1:27/5 1:28/22

 1:30/10 1:31/23 1:35/10 1:35/12

 1:35/17 1:38/4 1:38/5 1:41/17

 1:41/18 1:44/12 1:44/23 1:45/16

 1:46/25 1:52/9 1:53/18 1:57/15

 1:57/23 1:60/4 1:60/4 1:62/7

 1:62/15 1:62/20 1:63/15 1:64/23

 1:65/10 1:65/11 1:67/10 1:68/23

 1:69/19

aren't [2] 1:35/17 1:53/20

argue [2] 1:7/12 1:8/17

arguing [3] 1:7/21 1:7/24

 1:27/25

argument [12] 1:5/23 1:6/8

 1:7/3 1:14/12 1:15/24 1:16/4

 1:16/4 1:17/2 1:18/22 1:36/24

 1:60/11 1:67/12

arguments [1] 1:6/21

arm's [1] 1:33/12

around [2] 1:47/4 1:68/4

arrive [1] 1:10/23

arrived [1] 1:21/21

ARYAN [3] 1:1/18 1:3/18 1:57/20

as [75] 

aside [1] 1:31/1

ask [16] 1:3/10 1:4/14 1:11/1

 1:12/8 1:17/5 1:20/7 1:27/3

 1:28/16 1:29/22 1:35/22 1:35/24

 1:40/15 1:47/18 1:54/4 1:54/17

 1:55/16

asked [7] 1:17/7 1:25/3 1:26/21

 1:35/23 1:36/14 1:47/22 1:54/20

asking [12] 1:14/6 1:14/13

 1:17/14 1:17/16 1:18/20 1:26/1

 1:27/6 1:27/16 1:28/20 1:39/9

 1:42/19 1:59/13

asks [5] 1:14/13 1:14/14 1:64/7

 1:65/21 1:66/2

asserted [1] 1:62/3

assign [1] 1:16/16

assigned [2] 1:3/7 1:12/3

associated [3] 1:28/23 1:39/22

 1:39/23

assume [1] 1:36/23

assure [1] 1:47/8

Atlanta [1] 1:2/3

attached [2] 1:24/13 1:68/7

Attachment [2] 1:24/13 1:26/5

attempt [1] 1:24/10

attempted [1] 1:30/9

attorney [2] 1:57/19 1:57/21

attorneys [2] 1:3/14 1:57/13

audio [1] 1:4/11

audited [3] 1:18/21 1:27/5

 1:43/22

August [1] 1:31/6

authority [3] 1:56/12 1:59/8

 1:61/9

available [8] 1:15/18 1:18/18

 1:19/6 1:23/6 1:45/23 1:57/1

 1:60/4 1:60/5

Avenue [1] 1:1/16

average [12] 1:11/21 1:12/2

 1:12/5 1:12/7 1:13/6 1:13/19

 1:13/21 1:14/5 1:15/15 1:51/13

 1:51/13 1:65/22

averages [2] 1:12/16 1:66/23

Aviles [3] 1:1/25 1:71/20

 1:71/21

avoid [2] 1:4/16 1:30/9

avoids [1] 1:4/22

away [5] 1:22/19 1:52/4 1:52/7

 1:52/11 1:57/1

B

back [37] 1:5/7 1:6/12 1:7/5

 1:8/10 1:8/12 1:9/9 1:9/18

 1:9/21 1:10/12 1:10/13 1:10/16

 1:15/22 1:26/7 1:30/13 1:33/20

 1:34/18 1:37/10 1:37/12 1:38/10

 1:38/13 1:42/22 1:46/7 1:47/7

 1:48/18 1:49/12 1:53/14 1:54/5

 1:54/5 1:54/24 1:55/2 1:55/13

 1:55/17 1:55/21 1:56/24 1:57/10

 1:58/6 1:69/10

background [2] 1:4/22 1:36/21

backwards [1] 1:61/6

Baker [15] 1:20/10 1:20/12

 1:21/23 1:33/1 1:36/24 1:48/22

 1:49/6 1:51/1 1:51/2 1:51/6

 1:52/12 1:52/22 1:62/19 1:62/19

 1:63/4

balance [3] 1:18/7 1:18/10

 1:63/16

ball [2] 1:54/1 1:54/14

based [9] 1:17/11 1:19/9 1:33/3

 1:37/25 1:39/19 1:40/9 1:49/10

 1:64/2 1:69/24

basically [5] 1:4/17 1:6/20

 1:14/13 1:28/11 1:44/17

basis [2] 1:18/21 1:40/8

BASSEL [4] 1:2/6 1:3/24 1:22/25

Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 73 of 88
B

BASSEL... [1] 1:57/21

Bates [2] 1:40/24 1:67/4

Bates-stamp [1] 1:67/4

Bates-stamped [1] 1:40/24

be [84] 

because [64] 1:7/13 1:8/11

 1:9/21 1:10/13 1:13/8 1:13/20

 1:14/4 1:14/17 1:14/21 1:15/8

 1:15/20 1:18/9 1:19/8 1:19/14

 1:19/18 1:21/3 1:21/20 1:22/15

 1:24/14 1:25/23 1:28/20 1:29/20

 1:30/8 1:30/9 1:30/25 1:33/6

 1:33/7 1:35/24 1:36/25 1:37/23

 1:38/1 1:39/6 1:39/18 1:39/18

 1:40/3 1:40/20 1:41/7 1:41/22

 1:42/19 1:42/23 1:44/14 1:45/23

 1:46/9 1:47/6 1:47/22 1:50/2

 1:51/8 1:52/15 1:53/21 1:54/18

 1:55/4 1:55/11 1:55/12 1:56/17

 1:56/19 1:59/7 1:59/19 1:62/10

 1:63/1 1:63/24 1:64/3 1:67/11

 1:67/13 1:68/14

becomes [2] 1:40/2 1:40/2

been [16] 1:12/23 1:13/1

 1:13/14 1:14/1 1:14/3 1:15/1

 1:29/11 1:30/6 1:33/17 1:35/10

 1:53/17 1:56/15 1:58/8 1:58/16

 1:61/25 1:68/17

before [15] 1:1/4 1:3/10 1:4/4

 1:4/5 1:6/8 1:15/14 1:16/6

 1:36/14 1:37/5 1:38/7 1:44/12

 1:48/18 1:55/25 1:58/20 1:62/20

behalf [11] 1:3/13 1:3/16

 1:3/18 1:3/22 1:3/25 1:7/21

 1:7/24 1:23/1 1:27/25 1:58/14

 1:69/6

being [8] 1:4/11 1:7/20 1:8/20

 1:26/17 1:35/3 1:53/15 1:62/9

 1:62/11

believe [10] 1:10/21 1:30/5

 1:30/5 1:30/5 1:32/4 1:33/18

 1:46/22 1:48/24 1:49/2 1:61/21

bell [1] 1:5/13

bench [1] 1:57/6

bend [1] 1:61/6

beneficiaries [1] 1:66/3

benefit [1] 1:58/21

best [4] 1:24/24 1:25/20

 1:44/11 1:71/5

better [2] 1:4/12 1:58/23

between [5] 1:5/25 1:22/2

 1:29/4 1:51/12 1:66/6

big [4] 1:13/25 1:21/7 1:28/12

 1:51/11

big-box [1] 1:21/7

bill [1] 1:39/18

billed [8] 1:33/4 1:42/3

 1:42/21 1:42/25 1:43/13 1:45/6

 1:45/12 1:50/24

billing [1] 1:48/11

bit [6] 1:9/24 1:18/23 1:27/23

 1:33/2 1:33/21 1:69/18

Blue [4] 1:16/15 1:20/21

 1:20/21 1:21/7

board [1] 1:54/5

body [1] 1:62/11

both [10] 1:8/16 1:27/8 1:38/17

 1:39/10 1:57/14 1:61/22 1:62/5

 1:62/20 1:68/25 1:70/5

bottom [1] 1:11/14

Boulevard [1] 1:1/19

box [1] 1:21/7

boxes [1] 1:44/18

breadth [1] 1:24/10

break [5] 1:7/14 1:33/19

 1:39/15 1:54/18 1:56/24

breaking [1] 1:46/8

breaks [1] 1:12/13

Bridgestone [1] 1:63/19

Bridgestone/Firestone [1] 

 1:63/19

brief [3] 1:48/18 1:48/23

 1:59/13

bringing [1] 1:40/10

broad [2] 1:18/24 1:67/10

broken [2] 1:32/6 1:32/15

Bross [20] 1:10/5 1:10/23

 1:12/13 1:12/16 1:13/4 1:13/10

 1:29/15 1:32/1 1:37/16 1:37/20

 1:38/6 1:46/24 1:47/6 1:49/9

 1:51/8 1:53/8 1:66/17 1:66/18

 1:66/20 1:66/25

Bross's [4] 1:28/16 1:37/25

 1:46/16 1:53/5

BROWARD [5] 1:1/5 1:3/5 1:3/13

 1:43/23 1:43/24

bunch [2] 1:45/16 1:53/15

burden [3] 1:18/5 1:30/13

 1:66/9

burdening [3] 1:18/11 1:46/12

 1:67/24

burdensome [6] 1:17/12 1:26/13

 1:34/2 1:36/19 1:53/20 1:53/25

business [2] 1:64/10 1:68/24

C

calculated [3] 1:11/20 1:14/8

 1:66/23

calculations [3] 1:11/8 1:14/1

 1:14/4

calendar [1] 1:56/16

call [6] 1:5/7 1:5/10 1:15/5

 1:19/15 1:57/12 1:58/5

called [3] 1:12/10 1:25/13

 1:44/15

calling [2] 1:3/5 1:4/3

calls [1] 1:63/8

came [3] 1:10/12 1:10/16

 1:66/20

can [58] 1:4/15 1:13/11 1:15/20

 1:16/13 1:16/17 1:16/18 1:17/3

 1:17/19 1:18/7 1:19/7 1:19/11

 1:23/8 1:23/10 1:23/11 1:26/6

 1:26/9 1:27/12 1:28/5 1:28/18

 1:30/3 1:31/3 1:33/9 1:33/9

 1:36/22 1:37/8 1:37/18 1:37/23

 1:38/16 1:39/16 1:40/23 1:41/12

 1:44/11 1:44/11 1:47/8 1:47/11

 1:47/11 1:47/14 1:50/14 1:51/7

 1:53/4 1:53/20 1:54/2 1:56/4

 1:56/12 1:56/25 1:57/2 1:58/8

 1:59/15 1:59/15 1:59/16 1:59/20

 1:59/20 1:67/7 1:68/16 1:68/18

 1:68/22 1:69/20 1:70/2

can't [18] 1:9/21 1:13/3 1:13/6

 1:13/6 1:13/19 1:13/20 1:17/9

 1:19/4 1:19/13 1:27/19 1:29/21

 1:41/13 1:44/9 1:46/6 1:51/9

 1:54/2 1:60/9 1:62/12

cancel [1] 1:69/21

candidly [1] 1:40/6

cannot [3] 1:21/24 1:23/9

 1:49/10

capabilities [2] 1:47/16

 1:58/23

capability [1] 1:68/20

capable [2] 1:41/22 1:53/18

care [5] 1:20/20 1:32/9 1:32/11

 1:34/15 1:44/25

case [44] 1:3/5 1:3/6 1:3/6

 1:6/22 1:6/23 1:8/23 1:11/21

 1:12/2 1:14/4 1:24/16 1:25/1

 1:25/16 1:25/23 1:33/6 1:35/3

 1:35/7 1:44/16 1:45/9 1:46/10

 1:49/4 1:49/7 1:49/16 1:49/19

 1:50/2 1:51/3 1:51/4 1:51/5

 1:52/8 1:52/14 1:52/16 1:52/17

 1:52/18 1:52/23 1:57/4 1:61/21

 1:62/21 1:62/23 1:63/11 1:63/20

 1:63/25 1:65/7 1:65/8 1:65/10

 1:67/11

cases [4] 1:22/5 1:32/6 1:32/14

 1:32/15

cash [4] 1:31/4 1:31/7 1:31/19

 1:34/19

categories [2] 1:44/22 1:44/23

cell [1] 1:4/21

Center [4] 1:49/4 1:49/19

 1:50/4 1:50/5

central [2] 1:48/8 1:60/7

certain [3] 1:29/1 1:29/3

 1:40/8

certainly [10] 1:5/15 1:25/15

 1:29/19 1:41/13 1:49/6 1:52/10

 1:52/23 1:53/6 1:53/10 1:55/25

CERTIFICATE [1] 1:71/3

certification [2] 1:6/19 1:35/8

certify [2] 1:71/4 1:71/10

cetera [4] 1:17/13 1:17/13

 1:17/13 1:20/11

challenge [3] 1:10/2 1:33/9

 1:62/4

challenges [2] 1:18/16 1:44/9

challenging [1] 1:53/19

change [1] 1:51/14

changes [3] 1:11/20 1:13/20

 1:66/18

charge [3] 1:28/23 1:28/23

 1:28/24

charged [1] 1:65/25

charges [4] 1:11/25 1:16/24

 1:41/5 1:43/13

charity [1] 1:22/4

chat [1] 1:57/5

check [1] 1:19/24

Chicago [1] 1:63/18

Cigna [2] 1:49/4 1:50/6

Circuit [1] 1:63/19

circulating [1] 1:69/12

cite [1] 1:30/3

cited [2] 1:49/16 1:50/16

cites [1] 1:65/7

citing [5] 1:50/3 1:63/18

 1:63/25 1:64/17 1:65/3

City [1] 1:65/3

civil [2] 1:3/6 1:65/2

claim [17] 1:16/11 1:28/21

 1:29/6 1:40/25 1:42/6 1:42/16

 1:42/16 1:42/22 1:42/24 1:43/13

 1:45/9 1:45/11 1:45/22 1:48/15

 1:53/24 1:61/24 1:65/21

claims [49] 1:12/25 1:13/18

 1:14/15 1:14/17 1:14/17 1:14/24

 1:15/20 1:17/17 1:18/21 1:19/2

 1:19/21 1:19/23 1:20/4 1:23/20

 1:24/16 1:26/1 1:26/2 1:26/3

 1:26/10 1:27/4 1:33/15 1:35/2

Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 74 of 88
C

claims... [27] 1:35/3 1:35/6

 1:35/10 1:35/11 1:35/14 1:35/14

 1:35/16 1:39/1 1:41/18 1:41/20

 1:41/21 1:41/25 1:42/1 1:42/2

 1:43/21 1:43/22 1:53/7 1:53/8

 1:53/23 1:54/22 1:61/22 1:63/22

 1:67/12 1:67/12 1:67/14 1:67/18

 1:68/6

clarification [2] 1:7/7 1:24/8

clarify [1] 1:21/17

class [2] 1:6/19 1:35/7

classification [1] 1:41/24

clauses [1] 1:16/12

clear [8] 1:16/2 1:21/2 1:23/16

 1:34/8 1:38/17 1:49/6 1:65/16

 1:68/15

clerks [1] 1:60/25

client [6] 1:47/14 1:56/11

 1:58/5 1:59/9 1:68/9 1:68/16

client's [1] 1:37/8

clients [2] 1:56/17 1:68/25

clock [2] 1:7/20 1:54/15

close [1] 1:68/23

CMI [2] 1:11/21 1:14/22

co [1] 1:5/16

co-counsel [1] 1:5/16

code [9] 1:28/22 1:28/22 1:29/3

 1:29/8 1:39/21 1:40/7 1:40/9

 1:40/21 1:40/21

codes [29] 1:24/12 1:24/13

 1:24/15 1:24/19 1:24/19 1:25/14

 1:25/16 1:26/4 1:26/5 1:26/10

 1:26/15 1:27/5 1:27/6 1:27/9

 1:27/11 1:34/25 1:35/1 1:38/24

 1:39/19 1:39/22 1:40/4 1:40/4

 1:40/20 1:47/19 1:48/5 1:48/7

 1:48/9 1:48/11 1:68/6

cognizant [1] 1:54/15

Colomar [6] 1:48/23 1:49/1

 1:49/5 1:52/13 1:52/22 1:63/4

column [6] 1:20/8 1:20/9

 1:29/23 1:31/6 1:31/6 1:31/7

columns [3] 1:11/10 1:11/15

 1:27/7

come [6] 1:30/12 1:49/12

 1:53/14 1:56/3 1:56/24 1:68/18

comes [2] 1:10/3 1:48/15

coming [4] 1:16/19 1:37/10

 1:37/12 1:46/17

commercial [4] 1:20/13 1:24/1

 1:30/20 1:64/10

common [2] 1:16/17 1:48/5

comp [3] 1:22/15 1:30/22 1:63/2

companies [1] 1:22/2

compel [8] 1:5/20 1:6/7 1:6/12

 1:6/14 1:10/17 1:52/21 1:65/18

 1:68/12

compelled [1] 1:66/22

compensation [1] 1:24/5

compile [1] 1:55/12

complaint [2] 1:6/22 1:64/24

completely [1] 1:35/15

complicated [1] 1:6/24

compromise [15] 1:9/15 1:30/6

 1:37/12 1:47/11 1:47/16 1:54/2

 1:54/7 1:56/12 1:60/12 1:61/7

 1:66/6 1:67/21 1:68/8 1:68/10

 1:68/22

con [1] 1:4/4

concealed [1] 1:17/3

concede [1] 1:37/1

concerning [1] 1:67/13

conclusion [3] 1:55/25 1:56/1

 1:67/7

concretely [1] 1:59/4

conduct [1] 1:62/2

conference [1] 1:5/11

confidential [3] 1:63/8 1:63/18

 1:63/23

confidentiality [6] 1:16/1

 1:16/12 1:63/10 1:64/2 1:64/6

 1:65/1

confirm [5] 1:20/16 1:22/10

 1:30/16 1:42/9 1:57/13

confirming [1] 1:23/17

connection [2] 1:4/14 1:6/3

consider [1] 1:50/24

consultant [2] 1:29/11 1:40/11

consuming [1] 1:18/12

contact [1] 1:7/18

contains [1] 1:43/4

continue [2] 1:58/12 1:61/16

CONTINUED [2] 1:1/23 1:2/1

continuing [1] 1:48/22

contract [2] 1:42/18 1:42/20

contractual [1] 1:64/12

controls [1] 1:21/23

conversation [2] 1:48/4 1:59/6

corner [1] 1:47/4

corporate [2] 1:46/24 1:47/1

correct [16] 1:10/18 1:10/19

 1:10/25 1:20/6 1:22/18 1:23/1

 1:23/6 1:23/21 1:23/23 1:27/16

 1:33/17 1:42/12 1:43/6 1:60/19

 1:64/12 1:71/4

correcting [1] 1:21/3

correction [1] 1:7/7

correctly [2] 1:42/9 1:52/15

corresponding [1] 1:29/8

cost [3] 1:17/20 1:17/22

 1:36/11

could [18] 1:9/17 1:12/22

 1:12/25 1:14/21 1:16/16 1:27/2

 1:27/3 1:32/25 1:33/11 1:42/16

 1:45/24 1:46/1 1:46/1 1:48/12

 1:52/19 1:52/20 1:58/16 1:59/3

counsel [3] 1:5/16 1:68/22

 1:71/10

count [2] 1:44/18 1:44/21

County [14] 1:20/10 1:20/12

 1:21/23 1:33/1 1:36/24 1:48/22

 1:49/6 1:51/1 1:51/2 1:51/6

 1:52/13 1:62/19 1:62/19 1:63/4

County/Colomar [1] 1:52/13

couple [2] 1:6/9 1:20/2

course [4] 1:7/1 1:44/1 1:44/3

 1:47/21

court [18] 1:1/2 1:1/25 1:4/9

 1:4/10 1:6/16 1:7/18 1:9/14

 1:23/24 1:52/21 1:58/17 1:58/20

 1:58/21 1:59/14 1:59/16 1:63/24

 1:64/3 1:71/7 1:71/21

Court's [1] 1:35/5

courts [2] 1:49/2 1:63/15

CPT [14] 1:24/12 1:24/19

 1:25/13 1:26/4 1:26/15 1:39/19

 1:39/21 1:39/22 1:40/3 1:40/4

 1:40/7 1:40/9 1:47/19 1:68/6

crazy [1] 1:38/22

create [9] 1:14/19 1:15/1

 1:26/14 1:27/16 1:27/20 1:45/24

 1:55/21 1:56/13 1:66/25

created [4] 1:28/9 1:28/18

 1:32/5 1:67/5

creating [1] 1:54/25

Cross [3] 1:16/15 1:20/21

 1:21/7

Cross/Blue [1] 1:20/21

CRR [2] 1:1/25 1:71/21

CSR [2] 1:1/25 1:71/21

customary [2] 1:50/21 1:51/3

cut [1] 1:26/11

CV [1] 1:1/7

D

damages [3] 1:35/7 1:35/17

 1:61/24

DANYA [5] 1:1/17 1:3/13 1:28/1

 1:57/19 1:58/2

data [134] 

date [2] 1:71/8 1:71/16

dates [2] 1:6/9 1:46/22

day [8] 1:56/3 1:58/7 1:60/7

 1:60/18 1:61/16 1:63/5 1:69/10

 1:70/13

de [4] 1:1/19 1:5/20 1:16/13

 1:64/7

de-identified [2] 1:5/20 1:64/7

de-identify [1] 1:16/13

deadline [4] 1:6/18 1:47/3

 1:47/8 1:54/16

deadlines [1] 1:6/19

deal [2] 1:28/12 1:62/23

dealing [1] 1:63/16

December [9] 1:6/17 1:7/1

 1:8/13 1:10/13 1:11/5 1:38/8

 1:38/10 1:38/18 1:66/21

decide [1] 1:7/15

decided [2] 1:52/14 1:52/15

decider [1] 1:28/25

decides [1] 1:52/21

decision [4] 1:50/17 1:59/15

 1:63/4 1:63/5

declaration [15] 1:10/5 1:10/12

 1:10/14 1:10/17 1:13/4 1:28/17

 1:32/1 1:37/20 1:37/25 1:38/7

 1:38/8 1:54/11 1:66/17 1:66/18

 1:66/23

defendant [24] 1:11/2 1:20/9

 1:28/10 1:30/19 1:32/21 1:33/23

 1:34/23 1:36/10 1:36/25 1:39/11

 1:40/25 1:46/11 1:47/7 1:52/6

 1:62/2 1:64/12 1:65/19 1:67/2

 1:67/2 1:67/5 1:67/6 1:67/16

 1:68/25 1:69/7

defendants [20] 1:1/9 1:2/2

 1:3/22 1:3/25 1:7/4 1:7/22

 1:7/24 1:19/4 1:20/12 1:23/1

 1:23/17 1:28/9 1:30/17 1:31/17

 1:34/21 1:36/10 1:56/5 1:62/3

 1:63/1 1:67/22

defendants' [13] 1:5/19 1:5/21

 1:6/6 1:6/11 1:7/4 1:47/22

 1:57/24 1:61/22 1:63/20 1:63/22

 1:65/17 1:66/21 1:68/20

defense [7] 1:3/20 1:51/21

 1:57/14 1:57/21 1:67/24 1:68/22

 1:70/8

defenses [5] 1:6/23 1:61/23

 1:62/3 1:62/5 1:64/24

defer [3] 1:59/24 1:61/11

 1:68/11

defining [1] 1:50/21

definitely [1] 1:22/6

deliver [1] 1:69/2

delve [1] 1:30/14

demonstrate [1] 1:33/14

Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 75 of 88
D

denied [5] 1:6/1 1:24/21 1:30/2

 1:30/3 1:65/13

deny [3] 1:59/24 1:59/25

 1:69/23

denying [1] 1:54/13

dep [1] 1:29/18

depose [1] 1:49/9

deposing [1] 1:48/6

deposition [9] 1:27/13 1:28/16

 1:29/16 1:46/16 1:46/21 1:47/5

 1:53/5 1:53/6 1:53/9

depositions [1] 1:27/6

derogatory [1] 1:14/8

describe [2] 1:11/10 1:44/11

described [1] 1:44/15

description [1] 1:64/9

despite [1] 1:20/9

detail [1] 1:46/19

determine [9] 1:9/1 1:9/3 1:9/9

 1:10/3 1:13/6 1:14/4 1:42/15

 1:44/1 1:45/9

determined [4] 1:20/15 1:22/12

 1:30/22 1:33/3

determining [3] 1:17/21 1:18/2

 1:45/17

devised [1] 1:49/11

dial [2] 1:69/13 1:69/14

dial-in [2] 1:69/13 1:69/14

dialed [1] 1:5/8

diced [1] 1:15/21

dictionaries [3] 1:26/22

 1:26/24 1:47/23

dictionary [1] 1:47/25

did [16] 1:8/11 1:10/23 1:23/11

 1:24/24 1:25/20 1:26/16 1:28/6

 1:30/4 1:36/9 1:36/10 1:48/23

 1:55/9 1:57/7 1:66/4 1:66/11

 1:66/19

didn't [8] 1:25/2 1:29/19

 1:47/18 1:49/25 1:58/10 1:59/6

 1:59/8 1:61/8

difference [3] 1:25/10 1:43/11

 1:51/10

different [6] 1:21/9 1:21/11

 1:32/16 1:35/19 1:38/1 1:50/22

differentiation [1] 1:48/12

difficult [5] 1:30/10 1:30/11

 1:30/15 1:31/1 1:41/3

ding [1] 1:5/12

directed [2] 1:66/10 1:66/12

directly [1] 1:64/23

disagree [1] 1:9/9

disagreement [1] 1:20/12

disclose [1] 1:66/20

disclosed [2] 1:16/24 1:17/3

disconnected [1] 1:5/6

discoverable [4] 1:16/8 1:16/9

 1:64/14 1:65/11

discovery [17] 1:6/6 1:6/18

 1:6/24 1:18/8 1:18/10 1:47/3

 1:47/8 1:49/23 1:50/11 1:52/16

 1:54/16 1:56/1 1:59/2 1:63/11

 1:65/2 1:65/12 1:67/13

discuss [6] 1:7/9 1:56/17

 1:58/11 1:66/12 1:68/9 1:68/21

discussed [4] 1:30/18 1:62/6

 1:66/15 1:67/4

discussion [2] 1:68/16 1:68/18

discussions [1] 1:68/24

dismiss [1] 1:49/21

disposition [1] 1:3/8

disproportionate [1] 1:67/10

dispute [3] 1:48/23 1:52/22

 1:59/2

disputed [3] 1:6/5 1:43/20

 1:68/6

disputes [1] 1:59/2

distinction [1] 1:52/13

distinguish [1] 1:52/18

distinguishable [1] 1:51/4

DISTRICT [10] 1:1/2 1:1/3 1:1/5

 1:3/13 1:49/4 1:64/1 1:65/3

 1:65/8 1:71/7 1:71/7

divides [2] 1:9/8 1:44/20

do [57] 1:5/7 1:6/20 1:7/8

 1:8/12 1:8/16 1:12/2 1:12/24

 1:12/24 1:13/10 1:13/13 1:14/11

 1:14/12 1:14/18 1:14/22 1:15/24

 1:17/9 1:17/13 1:17/14 1:17/16

 1:19/5 1:19/22 1:20/2 1:21/19

 1:24/18 1:25/16 1:26/5 1:26/6

 1:26/16 1:26/24 1:26/24 1:28/4

 1:29/2 1:33/18 1:34/21 1:34/24

 1:36/6 1:38/21 1:38/22 1:39/8

 1:41/16 1:43/16 1:43/18 1:45/8

 1:46/6 1:47/23 1:54/2 1:55/5

 1:56/2 1:56/14 1:56/23 1:59/22

 1:60/9 1:60/11 1:61/9 1:63/14

 1:64/5 1:64/6

docket [1] 1:6/9

document [14] 1:10/21 1:11/2

 1:11/3 1:11/4 1:11/7 1:11/9

 1:12/9 1:15/4 1:27/20 1:28/13

 1:30/15 1:40/24 1:66/5 1:67/2

documents [6] 1:10/17 1:14/25

 1:27/20 1:54/12 1:64/15 1:66/24

does [9] 1:11/9 1:11/20 1:15/21

 1:24/15 1:30/24 1:30/25 1:31/4

 1:47/6 1:52/18

doesn't [14] 1:14/16 1:15/19

 1:29/5 1:29/19 1:33/8 1:33/10

 1:36/25 1:37/14 1:38/3 1:38/4

 1:40/7 1:48/22 1:53/18 1:55/13

doing [3] 1:13/24 1:53/19

 1:56/20

don't [63] 1:4/10 1:5/1 1:7/5

 1:7/12 1:8/5 1:8/14 1:11/23

 1:14/24 1:14/24 1:16/2 1:16/15

 1:16/19 1:17/1 1:17/15 1:18/17

 1:20/21 1:21/23 1:23/11 1:25/8

 1:25/8 1:25/8 1:25/14 1:25/21

 1:26/7 1:27/1 1:30/4 1:30/4

 1:34/24 1:35/1 1:35/13 1:37/1

 1:38/6 1:38/9 1:39/4 1:39/4

 1:39/18 1:39/22 1:40/12 1:42/20

 1:42/23 1:45/4 1:45/6 1:46/22

 1:46/23 1:47/10 1:47/15 1:47/15

 1:47/20 1:47/25 1:49/5 1:50/3

 1:51/22 1:52/7 1:54/21 1:55/10

 1:55/23 1:56/11 1:58/11 1:58/17

 1:58/19 1:61/10 1:62/22 1:63/3

done [2] 1:7/16 1:58/16

down [7] 1:12/13 1:13/15

 1:25/12 1:26/11 1:32/7 1:32/15

 1:41/7

downside [1] 1:56/7

drawing [1] 1:54/5

drop [1] 1:5/11

dropped [2] 1:5/9 1:59/9

dropping [1] 1:59/20

dump [1] 1:18/13

duplicative [1] 1:29/25

during [12] 1:4/23 1:5/6

 1:17/19 1:18/3 1:18/19 1:36/8

 1:41/19 1:48/4 1:63/12 1:64/18

 1:64/19 1:66/15

dynamics [1] 1:58/17

E

each [10] 1:7/11 1:10/8 1:28/22

 1:42/10 1:42/24 1:45/2 1:51/13

 1:64/7 1:64/9 1:65/21

easily [2] 1:18/18 1:19/11

East [2] 1:2/3 1:2/5

EC [1] 1:7/1

ECF [14] 1:5/21 1:5/22 1:6/2

 1:6/4 1:6/13 1:6/17 1:8/13

 1:11/5 1:12/14 1:36/4 1:38/10

 1:63/10 1:65/18 1:66/22

EDI [2] 1:18/25 1:18/25

effort [1] 1:56/8

eight [1] 1:44/21

either [8] 1:5/14 1:26/23

 1:40/10 1:55/5 1:56/25 1:58/7

 1:58/21 1:60/12

ELAP [34] 1:1/8 1:3/6 1:3/25

 1:8/24 1:9/2 1:18/21 1:25/18

 1:28/15 1:28/19 1:28/20 1:28/25

 1:29/9 1:29/12 1:31/3 1:31/5

 1:35/2 1:35/10 1:35/12 1:35/14

 1:35/17 1:35/19 1:37/12 1:43/22

 1:43/25 1:44/2 1:48/21 1:48/25

 1:49/11 1:62/1 1:67/12 1:67/14

 1:67/18 1:68/1 1:68/4

ELAP's [1] 1:46/25

electronic [2] 1:1/12 1:71/6

Eleventh [1] 1:63/19

else [4] 1:31/20 1:46/13

 1:48/17 1:70/6

employed [1] 1:71/11

employee [1] 1:32/8

employees [1] 1:55/12

employer [1] 1:32/9

encountered [1] 1:18/19

encouraging [1] 1:39/9

end [3] 1:56/19 1:58/7 1:60/18

ended [1] 1:27/22

ending [4] 1:12/9 1:12/12

 1:15/4 1:67/4

Enhanced [1] 1:63/25

enough [4] 1:12/18 1:39/12

 1:39/12 1:58/20

ensure [1] 1:4/12

entered [9] 1:5/14 1:6/16

 1:6/25 1:7/1 1:34/4 1:50/12

 1:63/9 1:63/24 1:64/3

entering [1] 1:29/7

enters [1] 1:58/20

entire [3] 1:23/13 1:23/13

 1:25/22

entitled [2] 1:17/20 1:36/10

equation [1] 1:37/2

equivalent [2] 1:43/8 1:55/1

especially [4] 1:14/13 1:35/7

 1:35/16 1:36/16

ESQ [5] 1:1/17 1:1/18 1:1/20

 1:2/4 1:2/6

essentially [3] 1:9/25 1:28/20

 1:29/14

establish [1] 1:61/24

established [1] 1:65/15

et [6] 1:1/8 1:3/6 1:17/13

 1:17/13 1:17/13 1:20/11

even [13] 1:8/10 1:13/6 1:17/19

 1:21/13 1:26/24 1:34/24 1:35/1

 1:38/3 1:40/8 1:45/16 1:45/16

 1:49/1 1:59/8

Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 76 of 88
E

event [2] 1:22/16 1:62/25

every [9] 1:18/25 1:19/5

 1:27/12 1:32/14 1:32/15 1:34/3

 1:34/9 1:56/6 1:56/6

everybody [1] 1:18/9

everyone [8] 1:3/4 1:3/10 1:4/2

 1:57/11 1:57/19 1:69/9 1:70/4

 1:70/13

everything [2] 1:8/10 1:12/6

evidence [3] 1:44/2 1:67/16

 1:67/19

exactly [13] 1:15/12 1:15/21

 1:18/17 1:19/13 1:19/15 1:25/21

 1:29/13 1:36/15 1:41/8 1:41/10

 1:42/13 1:42/21 1:42/22

example [7] 1:10/6 1:23/6

 1:51/12 1:61/24 1:62/5 1:64/8

 1:64/10

Excel [1] 1:11/13

exceptions [1] 1:33/5

exchange [1] 1:27/11

exclude [2] 1:52/20 1:63/2

exhausted [1] 1:27/22

Exhibit [2] 1:24/18 1:68/7

exist [3] 1:26/24 1:27/1

 1:27/17

exists [4] 1:14/20 1:16/23

 1:27/15 1:53/22

expect [1] 1:60/11

expectations [1] 1:42/20

expected [2] 1:10/1 1:66/19

explain [6] 1:41/13 1:46/19

 1:51/9 1:62/12 1:66/20 1:66/22

explained [1] 1:48/2

explaining [1] 1:11/19

explains [1] 1:62/11

explanation [4] 1:10/23 1:11/24

 1:37/14 1:66/25

extent [5] 1:27/9 1:36/16

 1:48/8 1:48/21 1:49/9

F

face [1] 1:18/16

fact [11] 1:4/6 1:5/13 1:15/21

 1:20/16 1:29/10 1:30/8 1:31/1

 1:34/25 1:40/18 1:68/22 1:69/19

factors [2] 1:45/17 1:45/18

facts [2] 1:6/23 1:8/15

fair [3] 1:33/3 1:50/18 1:50/23

familiar [5] 1:6/22 1:8/14

 1:19/14 1:21/8 1:22/2

far [2] 1:29/13 1:59/1

fashion [6] 1:9/14 1:39/14

 1:46/10 1:53/20 1:54/2 1:68/8

fashioned [2] 1:30/6 1:37/12

FDUPTA [1] 1:61/24

federal [3] 1:16/22 1:16/23

 1:55/22

fee [1] 1:22/15

feeling [1] 1:54/4

Ferry [1] 1:2/3

few [1] 1:6/25

fictitious [1] 1:12/5

fields [1] 1:41/10

fight [1] 1:21/24

figure [1] 1:48/7

file [4] 1:11/13 1:58/7 1:60/17

 1:68/23

filed [8] 1:5/21 1:6/4 1:6/12

 1:16/10 1:25/23 1:25/25 1:26/2

 1:29/18

financially [1] 1:71/13

find [12] 1:17/20 1:18/7

 1:18/10 1:27/12 1:41/16 1:49/9

 1:54/21 1:56/8 1:62/10 1:63/20

 1:66/6 1:67/21

fine [1] 1:8/9

fingertips [1] 1:29/10

Firestone [1] 1:63/19

Firm [1] 1:3/24

first [9] 1:7/4 1:8/5 1:11/9

 1:11/14 1:11/20 1:28/15 1:31/6

 1:44/19 1:62/8

fit [1] 1:23/12

five [3] 1:8/2 1:8/4 1:58/19

Floor [1] 1:1/19

FLORIDA [18] 1:1/3 1:1/11

 1:1/17 1:1/20 1:2/6 1:16/5

 1:22/14 1:50/19 1:62/21 1:64/1

 1:64/17 1:64/19 1:64/25 1:65/1

 1:65/4 1:65/4 1:65/8 1:71/7

folks [2] 1:20/21 1:48/6

follow [2] 1:4/12 1:20/19

follow-up [1] 1:20/19

followed [1] 1:49/6

following [3] 1:1/23 1:50/25

 1:50/25

follows [1] 1:12/14

force [1] 1:54/9

forego [4] 1:20/14 1:22/11

 1:23/18 1:30/21

foregoing [1] 1:71/4

forget [1] 1:4/25

form [4] 1:19/11 1:28/22 1:29/6

 1:48/15

formally [1] 1:3/11

formulated [1] 1:29/14

Fort [3] 1:1/11 1:7/19 1:65/3

forth [2] 1:7/5 1:61/14

forthcoming [1] 1:61/7

forward [5] 1:17/2 1:17/8

 1:17/9 1:19/8 1:46/11

found [2] 1:4/18 1:27/2

four [3] 1:11/13 1:44/12

 1:54/23

fourth [2] 1:6/11 1:65/17

fraction [1] 1:52/9

frankly [1] 1:60/10

FRICK [7] 1:2/6 1:3/24 1:7/22

 1:22/25 1:23/19 1:24/8 1:57/22

front [1] 1:9/9

fruitful [1] 1:68/18

frustrating [1] 1:53/16

funded [3] 1:21/10 1:32/9

 1:62/24

further [4] 1:3/10 1:69/4

 1:71/10 1:71/12

future [1] 1:61/9

G

garbled [1] 1:4/20

gave [5] 1:7/13 1:12/16 1:13/10

 1:31/25 1:59/7

gears [1] 1:18/23

general [1] 1:61/18

generally [2] 1:9/11 1:29/1

generate [2] 1:45/6 1:56/4

generating [1] 1:58/24

Georgia [1] 1:2/3

get [25] 1:4/20 1:4/23 1:5/6

 1:7/19 1:8/16 1:8/21 1:13/1

 1:15/22 1:17/20 1:18/4 1:18/10

 1:21/25 1:22/22 1:34/21 1:36/1

 1:36/6 1:38/18 1:43/1 1:50/14

 1:52/14 1:52/15 1:53/10 1:55/10

 1:58/12 1:61/7

gets [3] 1:45/19 1:46/11

 1:46/11

getting [7] 1:4/5 1:17/24

 1:17/25 1:33/1 1:35/9 1:35/16

 1:37/8

give [29] 1:7/10 1:7/11 1:7/25

 1:10/22 1:13/10 1:14/2 1:14/3

 1:14/9 1:19/5 1:19/6 1:19/7

 1:19/21 1:27/13 1:32/2 1:32/25

 1:36/17 1:37/8 1:39/4 1:39/11

 1:40/4 1:40/23 1:49/13 1:49/15

 1:49/16 1:53/23 1:56/5 1:59/14

 1:63/13 1:68/14

given [8] 1:14/1 1:31/3 1:31/17

 1:32/5 1:37/14 1:45/13 1:55/22

 1:58/16

gives [5] 1:11/18 1:32/13

 1:32/14 1:40/25 1:44/25

giving [2] 1:15/25 1:22/19

global [1] 1:68/12

go [20] 1:5/13 1:7/4 1:9/20

 1:12/20 1:23/3 1:29/21 1:33/20

 1:36/24 1:45/17 1:48/18 1:52/4

 1:52/7 1:52/11 1:53/3 1:54/5

 1:55/13 1:55/15 1:55/17 1:55/21

 1:56/22

goal [1] 1:36/8

goes [5] 1:10/8 1:16/4 1:18/1

 1:21/15 1:62/12

going [69] 1:3/10 1:3/10 1:4/14

 1:4/25 1:5/17 1:5/23 1:7/3

 1:7/11 1:7/14 1:7/20 1:7/21

 1:8/2 1:8/21 1:17/9 1:26/7

 1:27/25 1:29/8 1:29/16 1:33/19

 1:33/20 1:34/18 1:35/24 1:36/18

 1:36/19 1:36/21 1:36/24 1:38/14

 1:38/18 1:38/22 1:39/3 1:39/5

 1:39/13 1:39/15 1:40/4 1:44/17

 1:47/7 1:47/9 1:52/13 1:53/5

 1:53/9 1:53/12 1:54/1 1:54/5

 1:54/7 1:54/9 1:54/14 1:54/18

 1:56/6 1:56/8 1:56/19 1:56/24

 1:57/4 1:57/5 1:57/6 1:59/22

 1:59/23 1:59/24 1:59/25 1:60/1

 1:60/11 1:60/12 1:60/13 1:60/13

 1:60/21 1:61/11 1:61/12 1:61/17

 1:68/11 1:68/15

gone [1] 1:31/25

good [17] 1:3/4 1:3/12 1:3/23

 1:4/3 1:9/25 1:13/5 1:13/7

 1:15/11 1:19/20 1:44/14 1:46/3

 1:47/11 1:59/1 1:60/3 1:61/2

 1:69/10 1:70/13

goods [15] 1:8/25 1:9/6 1:9/23

 1:10/1 1:10/2 1:44/5 1:45/19

 1:45/22 1:46/1 1:53/24 1:61/20

 1:62/1 1:62/23 1:65/22 1:68/2

got [13] 1:6/18 1:10/13 1:17/21

 1:23/20 1:32/21 1:43/20 1:43/20

 1:43/21 1:44/13 1:44/14 1:47/3

 1:48/22 1:54/11

gotten [2] 1:14/7 1:32/22

governing [1] 1:65/11

government [13] 1:16/22 1:16/23

 1:20/15 1:21/22 1:21/25 1:22/8

 1:22/12 1:23/18 1:24/2 1:30/22

 1:37/1 1:52/20 1:63/3

government-determined [3] 

 1:20/15 1:22/12 1:30/22

government-mandated [1] 1:63/3

government-regulated [2] 

Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 77 of 88
G

government-regulated... [2] 

 1:21/25 1:52/20

government-set [1] 1:24/2

GPA [6] 1:8/24 1:9/2 1:25/18

 1:68/1 1:68/1 1:68/3

grand [1] 1:32/13

grant [4] 1:36/15 1:36/21

 1:38/14 1:39/5

granted [2] 1:10/16 1:24/22

granting [1] 1:38/20

great [2] 1:40/7 1:60/14

ground [1] 1:54/21

grounds [2] 1:63/7 1:67/9

group [3] 1:3/25 1:46/1 1:46/1

guess [2] 1:26/13 1:56/2

guessing [1] 1:32/8

guidance [1] 1:61/15

guys [6] 1:10/12 1:39/4 1:54/4

 1:54/13 1:57/4 1:59/20

H

had [16] 1:3/7 1:4/5 1:6/21

 1:9/13 1:14/18 1:18/24 1:25/25

 1:25/25 1:41/20 1:42/16 1:43/7

 1:43/8 1:45/22 1:56/16 1:59/1

 1:63/11

half [2] 1:60/23 1:69/1

half-an-hour [1] 1:69/1

HANA [3] 1:1/18 1:3/18 1:57/20

hand [1] 1:39/10

handed [1] 1:56/20

handle [1] 1:57/6

handled [2] 1:6/25 1:23/21

hang [1] 1:57/2

happen [2] 1:55/23 1:61/10

happened [1] 1:8/12

happens [2] 1:5/1 1:5/5

happy [1] 1:47/9

hard [1] 1:67/21

harder [1] 1:34/2

has [28] 1:3/7 1:5/9 1:5/14

 1:11/13 1:11/13 1:11/15 1:11/24

 1:15/22 1:17/3 1:28/22 1:29/10

 1:34/23 1:35/2 1:38/14 1:44/17

 1:44/17 1:45/23 1:46/18 1:47/24

 1:48/8 1:52/14 1:56/15 1:58/8

 1:61/25 1:63/24 1:64/3 1:68/9

 1:68/19

hasn't [1] 1:37/13

have [129] 

haven't [3] 1:32/22 1:52/16

 1:58/10

having [7] 1:27/22 1:30/9

 1:30/14 1:53/21 1:55/5 1:58/22

 1:69/24

HCPCS [1] 1:24/13

he [11] 1:3/7 1:3/7 1:10/8

 1:12/16 1:30/19 1:32/1 1:40/3

 1:46/18 1:48/2 1:50/23 1:53/10

he's [1] 1:29/16

headaches [1] 1:54/8

health [2] 1:50/6 1:68/3

healthcare [2] 1:8/25 1:65/21

hear [5] 1:4/15 1:5/23 1:6/8

 1:58/6 1:60/11

heard [1] 1:47/10

hearing [28] 1:4/4 1:5/7 1:5/9

 1:5/9 1:5/14 1:5/17 1:7/11

 1:17/6 1:17/7 1:17/19 1:18/4

 1:18/19 1:19/20 1:30/7 1:38/21

 1:54/18 1:62/6 1:63/12 1:63/15

 1:64/19 1:64/19 1:65/15 1:65/17

 1:66/15 1:69/1 1:69/21 1:70/17

 1:71/12

hearings [6] 1:4/5 1:4/6 1:4/24

 1:6/21 1:9/14 1:56/22

heart [1] 1:8/22

heavy [1] 1:56/20

heavy-handed [1] 1:56/20

held [1] 1:50/23

help [22] 1:18/6 1:18/7 1:18/14

 1:18/14 1:24/15 1:25/3 1:25/3

 1:30/24 1:33/22 1:33/23 1:33/25

 1:36/16 1:37/6 1:37/6 1:38/3

 1:38/15 1:39/10 1:39/10 1:39/14

 1:51/9 1:52/3 1:53/7

helpful [5] 1:19/17 1:34/6

 1:44/10 1:53/11 1:53/25

helps [1] 1:15/9

here [25] 1:5/19 1:6/11 1:7/18

 1:9/21 1:12/25 1:22/20 1:29/9

 1:31/1 1:31/24 1:33/20 1:36/6

 1:44/9 1:46/19 1:47/8 1:51/10

 1:52/10 1:53/16 1:53/21 1:54/5

 1:57/18 1:57/19 1:57/24 1:59/5

 1:64/5 1:67/6

Here's [1] 1:54/7

herself [1] 1:5/1

Hick [4] 1:24/19 1:25/13 1:26/4

 1:68/6

Hick-Pick [4] 1:24/19 1:25/13

 1:26/4 1:68/6

hide [1] 1:54/1

highlight [1] 1:6/9

him [5] 1:4/25 1:28/17 1:40/4

 1:53/10 1:59/9

hired [1] 1:29/12

his [6] 1:3/8 1:28/17 1:29/15

 1:29/16 1:53/6 1:53/9

history [1] 1:9/20

HMO [4] 1:32/11 1:32/11 1:44/24

 1:44/24

HMO's [1] 1:62/22

HOFFMAN [2] 1:2/2 1:3/22

hold [8] 1:10/14 1:18/6 1:36/1

 1:41/4 1:41/6 1:49/13 1:50/7

 1:50/9

holding [1] 1:65/8

honestly [1] 1:8/10

Honor [44] 1:3/12 1:3/15 1:3/21

 1:3/23 1:7/23 1:8/19 1:11/6

 1:22/23 1:23/5 1:23/6 1:23/9

 1:24/17 1:25/5 1:28/1 1:30/25

 1:31/12 1:33/25 1:34/8 1:34/14

 1:37/12 1:38/23 1:41/14 1:47/13

 1:48/21 1:50/10 1:51/7 1:51/23

 1:52/5 1:55/7 1:56/10 1:57/25

 1:58/1 1:58/10 1:60/3 1:60/6

 1:60/14 1:60/20 1:61/4 1:69/5

 1:69/8 1:69/12 1:69/22 1:70/7

 1:70/9

Honorable [1] 1:1/4

hope [2] 1:68/18 1:70/1

hopefully [1] 1:54/7

hospital [39] 1:1/5 1:3/5

 1:3/13 1:9/16 1:16/9 1:23/21

 1:28/24 1:29/5 1:29/6 1:29/10

 1:33/7 1:33/8 1:33/12 1:33/14

 1:35/11 1:35/20 1:36/22 1:38/14

 1:38/15 1:38/22 1:38/24 1:39/15

 1:39/20 1:40/7 1:41/19 1:42/23

 1:42/24 1:45/2 1:46/12 1:47/23

 1:48/8 1:54/8 1:55/13 1:55/20

 1:56/4 1:56/13 1:65/22 1:65/25

 1:68/19

hospital's [2] 1:31/14 1:44/3

hospitals [3] 1:22/3 1:29/2

 1:40/1

hour [3] 1:7/10 1:60/23 1:69/1

hours [1] 1:58/20

how [47] 1:9/9 1:11/10 1:11/10

 1:11/19 1:12/16 1:13/10 1:13/18

 1:14/11 1:14/11 1:15/24 1:17/15

 1:18/4 1:18/17 1:20/20 1:22/4

 1:23/9 1:23/12 1:24/15 1:25/14

 1:25/16 1:26/8 1:28/8 1:28/17

 1:29/1 1:29/2 1:29/13 1:32/8

 1:32/9 1:32/9 1:32/10 1:32/10

 1:34/21 1:36/12 1:37/6 1:39/12

 1:42/25 1:42/25 1:45/6 1:45/12

 1:45/14 1:52/8 1:52/8 1:56/18

 1:57/5 1:66/13 1:66/20 1:66/22

however [3] 1:42/4 1:62/16

 1:63/9

huh [1] 1:15/10

Humana [2] 1:20/21 1:21/7

hundred [1] 1:23/11

hundreds [2] 1:19/1 1:26/3

I

I'd [10] 1:6/20 1:8/4 1:8/8

 1:12/23 1:35/4 1:38/25 1:39/2

 1:53/13 1:56/23 1:57/2

I'll [12] 1:5/9 1:5/11 1:7/24

 1:7/24 1:8/5 1:8/17 1:12/20

 1:15/5 1:29/21 1:57/13 1:61/1

 1:70/10

I'm [97] 

I've [7] 1:6/25 1:8/10 1:29/10

 1:38/17 1:47/10 1:62/19 1:63/23

ice [1] 1:22/19

idea [7] 1:13/10 1:32/2 1:45/21

 1:48/1 1:52/8 1:53/13 1:68/19

identified [8] 1:5/20 1:16/14

 1:35/2 1:35/10 1:41/17 1:42/6

 1:42/11 1:64/7

identifier [2] 1:64/8 1:64/9

identify [8] 1:4/8 1:4/9

 1:16/13 1:23/11 1:24/18 1:24/20

 1:25/20 1:34/3

identifying [1] 1:16/3

illogical [1] 1:67/20

imagine [1] 1:60/23

imminently [1] 1:46/17

important [2] 1:4/12 1:25/21

imposing [1] 1:66/8

impossible [3] 1:55/2 1:55/8

 1:55/9

in-network [5] 1:31/22 1:32/21

 1:34/19 1:34/21 1:37/3

inapplicable [2] 1:64/22

 1:65/10

Inaudible [4] 1:3/8 1:4/18

 1:5/4 1:23/4

incapsulates [1] 1:19/1

inclined [5] 1:23/24 1:36/15

 1:38/21 1:59/18 1:59/22

include [4] 1:22/14 1:31/4

 1:38/1 1:51/22

included [1] 1:6/14

includes [2] 1:32/2 1:38/3

including [1] 1:59/2

Incorporated [1] 1:4/1

incorrectly [1] 1:37/24

incredibly [1] 1:17/12

incurred [1] 1:67/14

indeed [1] 1:62/12

Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 78 of 88
I

indemnity [1] 1:24/1

indicated [1] 1:36/8

indicates [1] 1:6/4

indication [1] 1:68/15

individual [7] 1:12/25 1:13/22

 1:15/16 1:15/19 1:19/1 1:42/2

 1:53/8

individual-specific [1] 1:13/22

industry [1] 1:48/11

information [53] 1:12/13

 1:14/20 1:16/3 1:16/3 1:17/20

 1:18/17 1:19/6 1:19/9 1:22/17

 1:24/12 1:27/13 1:28/10 1:29/5

 1:29/7 1:29/9 1:29/10 1:29/14

 1:31/10 1:32/1 1:32/3 1:32/22

 1:32/24 1:36/11 1:36/11 1:36/12

 1:37/13 1:37/15 1:39/11 1:42/4

 1:43/5 1:44/18 1:45/14 1:47/6

 1:49/1 1:53/10 1:53/23 1:56/5

 1:59/15 1:61/19 1:62/13 1:62/19

 1:63/9 1:63/18 1:63/21 1:63/23

 1:64/8 1:65/20 1:65/21 1:66/3

 1:66/8 1:67/6 1:67/7 1:67/11

informed [2] 1:58/22 1:59/15

infringes [1] 1:15/25

inpatient [8] 1:11/21 1:14/5

 1:14/22 1:32/6 1:32/13 1:44/16

 1:44/19 1:65/25

input [1] 1:37/8

instant [2] 1:63/20 1:64/22

instead [4] 1:14/20 1:54/11

 1:54/15 1:66/16

insurance [5] 1:22/2 1:32/7

 1:32/10 1:32/16 1:44/23

insured [1] 1:21/10

insurers [2] 1:21/8 1:24/1

interactively [1] 1:57/1

interest [2] 1:63/17 1:63/22

interested [2] 1:22/6 1:71/13

interests [2] 1:63/16 1:63/20

interference [1] 1:4/23

interject [1] 1:58/3

interpretation [3] 1:51/3

 1:52/18 1:62/21

interpreting [2] 1:50/19

 1:62/21

interrogatories [6] 1:6/13

 1:30/1 1:30/15 1:38/12 1:65/6

 1:66/4

interrogatory [9] 1:10/22

 1:11/18 1:12/14 1:29/15 1:29/18

 1:65/20 1:65/23 1:66/1 1:67/1

interrupt [3] 1:7/8 1:32/17

 1:49/22

interviewing [1] 1:60/25

Invariably [1] 1:4/25

involve [3] 1:26/10 1:26/17

 1:56/8

involves [2] 1:26/3 1:26/4

involving [1] 1:25/25

IRENE [4] 1:2/6 1:3/24 1:22/25

 1:57/21

irrelevant [1] 1:62/18

is [235] 

isn't [3] 1:13/9 1:35/20 1:44/6

isolate [1] 1:26/10

issue [22] 1:6/6 1:8/15 1:9/7

 1:13/25 1:18/3 1:24/16 1:25/17

 1:33/21 1:35/3 1:35/13 1:35/17

 1:37/11 1:43/4 1:46/17 1:52/13

 1:53/12 1:53/17 1:61/21 1:62/23

 1:64/24 1:67/18 1:69/3

issues [10] 1:6/5 1:6/24 1:8/23

 1:16/1 1:28/17 1:30/11 1:35/8

 1:44/14 1:47/19 1:53/5

it [151] 

it's [56] 1:4/11 1:7/3 1:7/7

 1:8/12 1:10/9 1:10/14 1:11/13

 1:11/16 1:13/16 1:14/25 1:15/20

 1:17/12 1:17/12 1:18/4 1:20/4

 1:22/19 1:24/21 1:25/15 1:25/15

 1:25/22 1:26/13 1:31/6 1:33/7

 1:34/24 1:35/15 1:35/15 1:35/18

 1:35/20 1:36/4 1:36/19 1:39/17

 1:40/20 1:42/4 1:42/13 1:43/7

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 1:55/21 1:56/7 1:56/23 1:58/1

 1:58/1 1:60/7 1:62/17 1:62/25

 1:69/14

its [13] 1:9/16 1:10/22 1:28/9

 1:29/10 1:47/15 1:48/23 1:53/18

 1:61/24 1:62/15 1:64/25 1:64/25

 1:68/9 1:68/25

itself [1] 1:48/16

J

Jackson [1] 1:2/5

James [3] 1:1/25 1:71/20

 1:71/21

Jeff [1] 1:32/1

Jeffrey [2] 1:10/5 1:66/17

joint [4] 1:5/24 1:6/3 1:29/22

 1:69/20

Josh [1] 1:50/14

JSR [4] 1:11/3 1:20/8 1:30/17

 1:38/5

Judge [12] 1:1/4 1:3/7 1:41/2

 1:47/9 1:49/21 1:49/24 1:50/8

 1:50/12 1:50/14 1:50/17 1:58/13

 1:70/15

July [1] 1:71/16

June [24] 1:1/11 1:3/1 1:6/4

 1:8/12 1:17/6 1:17/19 1:18/4

 1:18/19 1:19/20 1:30/7 1:36/3

 1:38/17 1:54/6 1:54/20 1:54/24

 1:62/6 1:63/12 1:63/15 1:64/18

 1:65/8 1:65/8 1:65/14 1:65/17

 1:66/5

June 12th [1] 1:65/8

June 15th [1] 1:6/4

June 24th [10] 1:8/12 1:18/4

 1:36/3 1:62/6 1:63/12 1:63/15

 1:64/18 1:65/14 1:65/17 1:66/5

June 6th [1] 1:65/8

just [63] 1:4/7 1:4/22 1:5/1

 1:6/8 1:7/12 1:7/25 1:10/10

 1:10/13 1:12/6 1:13/13 1:13/15

 1:13/23 1:14/3 1:15/5 1:15/14

 1:15/22 1:16/7 1:16/16 1:17/16

 1:18/8 1:19/6 1:20/3 1:21/1

 1:21/1 1:22/10 1:22/23 1:23/1

 1:23/16 1:24/23 1:25/8 1:27/10

 1:28/12 1:30/10 1:30/16 1:32/2

 1:33/21 1:34/4 1:34/8 1:35/4

 1:35/15 1:42/8 1:42/9 1:42/20

 1:46/9 1:48/6 1:48/10 1:49/4

 1:49/13 1:49/16 1:49/18 1:50/11

 1:53/14 1:55/3 1:56/22 1:57/1

 1:57/13 1:58/18 1:59/8 1:59/10

 1:59/13 1:61/8 1:69/17 1:69/18

K

keep [8] 1:16/14 1:28/25

 1:37/10 1:39/9 1:40/7 1:47/20

 1:55/13 1:60/15

keeping [2] 1:63/17 1:63/23

keeps [4] 1:9/8 1:37/12 1:46/10

 1:54/15

key [1] 1:33/6

kind [14] 1:11/11 1:12/2

 1:30/13 1:35/4 1:37/4 1:37/25

 1:38/13 1:40/10 1:40/19 1:48/5

 1:48/8 1:51/3 1:60/17 1:61/9

know [113] 

knowing [3] 1:26/8 1:36/21

 1:39/3

known [1] 1:33/11

knows [2] 1:42/23 1:42/24

KOZYAK [3] 1:1/19 1:3/16

 1:58/13

Kris [6] 1:3/21 1:7/23 1:52/5

 1:57/15 1:57/16 1:57/21

KRISTOPHER [1] 1:2/4

L

labeled [1] 1:11/3

lag [1] 1:4/18

landline [1] 1:4/22

language [2] 1:15/10 1:64/25

large [1] 1:43/10

last [10] 1:7/2 1:17/6 1:26/20

 1:30/7 1:31/6 1:37/11 1:49/4

 1:49/15 1:53/13 1:54/17

lastly [5] 1:4/21 1:5/6 1:64/12

 1:66/1 1:67/9

late [1] 1:38/10

later [1] 1:70/2

latest [1] 1:6/6

Lauderdale [3] 1:1/11 1:7/19

 1:65/3

Laughter [4] 1:22/21 1:25/6

 1:48/3 1:70/3

laundry [1] 1:35/1

LAVENDER [2] 1:2/2 1:3/22

law [4] 1:3/24 1:16/5 1:55/22

 1:60/25

laws [2] 1:55/18 1:65/10

lawsuit [3] 1:25/25 1:26/2

 1:56/1

lawyers [1] 1:19/14

leading [1] 1:67/7

leash [1] 1:60/15

leave [1] 1:29/21

left [3] 1:5/14 1:5/16 1:63/5

legitimate [1] 1:17/2

length [1] 1:33/13

lengthy [1] 1:4/6

Leon [1] 1:1/19

less [8] 1:10/7 1:13/16 1:26/17

 1:29/3 1:34/16 1:44/20 1:51/14

 1:61/25

let [24] 1:5/17 1:11/1 1:12/8

 1:17/5 1:20/3 1:20/7 1:29/22

 1:35/22 1:36/1 1:37/18 1:40/15

 1:41/4 1:42/22 1:42/22 1:44/21

 1:46/13 1:47/12 1:47/17 1:51/6

 1:54/17 1:57/8 1:61/5 1:69/17

 1:70/1

let's [3] 1:8/15 1:12/21 1:28/8

letter [2] 1:34/3 1:34/9

letters [4] 1:33/12 1:33/16

 1:34/11 1:48/25

level [16] 1:19/21 1:19/23

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L

level... [14] 1:20/4 1:35/16

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 1:41/3 1:42/1 1:42/1 1:42/7

 1:45/22 1:53/7 1:53/23 1:53/24

levels [1] 1:12/4

Life [1] 1:50/6

LIFSHITZ [4] 1:1/20 1:3/16

 1:57/20 1:58/13

light [1] 1:41/12

like [26] 1:6/20 1:7/5 1:8/4

 1:8/8 1:12/24 1:13/13 1:15/14

 1:16/13 1:16/14 1:20/20 1:22/19

 1:25/22 1:28/3 1:28/4 1:35/4

 1:37/8 1:40/6 1:40/24 1:44/23

 1:46/13 1:48/5 1:48/17 1:51/2

 1:56/11 1:56/23 1:59/19

likely [2] 1:29/7 1:29/11

limit [2] 1:24/15 1:24/24

limited [5] 1:24/23 1:38/15

 1:44/2 1:67/14 1:67/17

line [9] 1:11/20 1:16/18

 1:28/21 1:28/21 1:36/5 1:56/25

 1:57/3 1:64/10 1:69/10

Line 7 [1] 1:36/5

lines [3] 1:11/18 1:28/22

 1:35/4

list [4] 1:27/11 1:31/24 1:35/1

 1:48/9

listed [1] 1:66/18

listening [2] 1:5/3 1:50/14

literally [1] 1:59/9

litigation [1] 1:16/9

little [13] 1:4/16 1:5/12

 1:5/13 1:9/24 1:10/7 1:18/23

 1:27/22 1:28/19 1:33/2 1:33/21

 1:37/7 1:69/18 1:70/2

live [1] 1:4/10

LLC [3] 1:1/8 1:2/2 1:3/25

LLP [2] 1:1/16 1:3/24

long [2] 1:17/15 1:54/1

longer [1] 1:5/16

look [11] 1:9/5 1:9/10 1:12/25

 1:14/25 1:17/7 1:39/20 1:40/6

 1:42/16 1:45/20 1:49/16 1:53/8

looked [1] 1:19/12

looking [12] 1:12/3 1:14/10

 1:15/17 1:17/1 1:23/25 1:29/17

 1:35/11 1:36/23 1:49/15 1:49/18

 1:49/19 1:56/5

looks [1] 1:25/22

lot [21] 1:4/22 1:8/11 1:19/5

 1:19/9 1:19/17 1:21/12 1:25/15

 1:25/22 1:25/23 1:27/5 1:27/10

 1:28/6 1:28/6 1:28/22 1:29/9

 1:32/21 1:35/6 1:36/5 1:36/6

 1:39/22 1:48/6

lots [1] 1:26/4

loudly [1] 1:4/15

Louis [3] 1:49/24 1:50/12

 1:50/15

love [1] 1:44/1

lower [2] 1:51/15 1:51/16

M

made [6] 1:19/3 1:26/22 1:36/5

 1:36/6 1:38/17 1:45/2

magistrate [4] 1:1/4 1:3/9

 1:49/24 1:50/12

main [2] 1:5/7 1:8/23

make [10] 1:7/6 1:16/21 1:21/1

 1:27/10 1:52/7 1:52/11 1:59/8

 1:59/15 1:63/3 1:69/20

makes [2] 1:19/8 1:53/19

Making [1] 1:58/22

managed [12] 1:20/20 1:20/24

 1:21/12 1:21/13 1:21/20 1:21/20

 1:22/1 1:22/1 1:32/9 1:32/11

 1:44/25 1:64/11

mandated [1] 1:63/3

manipulated [2] 1:14/7 1:14/8

many [13] 1:6/24 1:11/10

 1:11/10 1:23/9 1:25/14 1:32/8

 1:32/9 1:32/9 1:32/10 1:32/10

 1:52/8 1:52/8 1:59/2

market [20] 1:5/20 1:9/12

 1:17/25 1:19/21 1:19/23 1:20/4

 1:20/13 1:30/20 1:31/2 1:33/3

 1:40/25 1:41/3 1:41/8 1:41/15

 1:42/5 1:45/19 1:46/2 1:50/18

 1:62/8 1:64/16

marketing [1] 1:36/12

massive [1] 1:27/4

massively [1] 1:13/17

master [1] 1:28/24

materials [2] 1:65/9 1:65/11

mathematical [2] 1:13/23

 1:15/14

matter [4] 1:36/25 1:57/11

 1:62/20 1:71/9

max [1] 1:60/24

may [18] 1:8/18 1:18/22 1:18/24

 1:19/15 1:26/11 1:26/11 1:26/18

 1:28/25 1:39/17 1:44/18 1:46/24

 1:49/22 1:51/9 1:52/9 1:58/3

 1:58/3 1:65/4 1:70/11

May 8th [1] 1:65/4

maybe [3] 1:19/19 1:52/9

 1:58/25

me [63] 1:3/8 1:5/5 1:5/13

 1:7/25 1:8/15 1:10/12 1:11/1

 1:11/10 1:12/8 1:17/5 1:18/6

 1:18/7 1:18/14 1:20/3 1:20/7

 1:21/3 1:23/19 1:25/2 1:25/3

 1:28/3 1:28/13 1:29/20 1:29/22

 1:30/14 1:31/9 1:31/16 1:35/22

 1:36/1 1:36/16 1:36/17 1:37/6

 1:37/14 1:37/18 1:38/7 1:38/20

 1:39/4 1:39/6 1:39/10 1:39/14

 1:40/15 1:41/4 1:42/22 1:42/22

 1:44/21 1:46/13 1:47/12 1:47/17

 1:47/19 1:49/13 1:49/15 1:49/16

 1:50/14 1:51/6 1:54/17 1:54/25

 1:55/2 1:57/8 1:61/5 1:62/25

 1:63/13 1:69/17 1:70/1 1:71/6

mean [13] 1:27/11 1:27/17

 1:38/4 1:40/6 1:41/15 1:46/15

 1:48/9 1:48/10 1:48/15 1:54/6

 1:54/9 1:56/15 1:61/6

means [2] 1:7/11 1:28/21

meant [3] 1:27/6 1:27/7 1:48/7

measures [1] 1:4/12

mediation [1] 1:60/7

Medicaid [16] 1:20/14 1:21/13

 1:21/20 1:22/1 1:22/11 1:24/3

 1:30/21 1:32/10 1:32/11 1:33/5

 1:44/23 1:44/24 1:50/25 1:52/20

 1:63/2 1:64/11

medical [5] 1:48/11 1:49/4

 1:49/19 1:50/4 1:50/5

Medicare [23] 1:12/4 1:20/14

 1:20/22 1:20/24 1:21/12 1:21/20

 1:22/1 1:22/11 1:23/7 1:23/20

 1:24/2 1:30/21 1:32/11 1:32/11

 1:33/5 1:38/4 1:44/24 1:44/24

 1:50/25 1:52/20 1:63/2 1:64/11

 1:66/3

Medina [1] 1:63/25

members [2] 1:62/2 1:67/15

Memorial [4] 1:23/10 1:35/2

 1:43/24 1:49/11

Memorial's [1] 1:35/7

mention [2] 1:34/25 1:48/23

mentioned [1] 1:9/13

methodology [2] 1:38/1 1:46/19

metric [1] 1:33/2

MHS086262 [4] 1:11/3 1:19/10

 1:28/8 1:45/20

Miami [2] 1:1/17 1:1/20

middle [2] 1:54/21 1:65/7

might [1] 1:56/21

million [6] 1:14/15 1:14/17

 1:15/19 1:35/11 1:41/20 1:41/21

mindful [1] 1:8/20

minimizes [2] 1:56/9 1:56/9

minute [5] 1:10/11 1:32/18

 1:37/19 1:41/6 1:56/24

minutes [11] 1:7/11 1:7/13

 1:7/15 1:7/21 1:8/2 1:8/4 1:8/5

 1:8/18 1:18/6 1:59/7 1:59/10

misspoke [1] 1:37/5

mistake [1] 1:25/4

mix [1] 1:14/5

moment [3] 1:10/11 1:49/16

 1:58/3

money [2] 1:48/6 1:56/8

monitor [1] 1:5/12

months [2] 1:17/13 1:55/12

Moore [3] 1:49/21 1:50/8

 1:50/17

moot [5] 1:6/1 1:52/22 1:63/6

 1:68/10 1:69/24

mooted [1] 1:63/5

more [21] 1:14/2 1:14/2 1:18/9

 1:26/13 1:26/18 1:27/23 1:32/2

 1:34/2 1:34/12 1:34/16 1:37/13

 1:37/13 1:39/23 1:40/17 1:46/14

 1:46/19 1:51/7 1:55/4 1:56/20

 1:58/19 1:59/14

morning [14] 1:3/4 1:3/12

 1:3/23 1:4/3 1:5/8 1:5/19

 1:30/18 1:59/3 1:60/2 1:60/5

 1:60/22 1:61/13 1:69/10 1:69/13

most [3] 1:21/12 1:29/7 1:49/3

motion [40] 1:5/19 1:5/24

 1:5/25 1:6/1 1:6/3 1:6/6 1:6/12

 1:6/14 1:6/15 1:7/4 1:7/12

 1:8/13 1:10/16 1:18/23 1:19/19

 1:21/24 1:28/9 1:36/16 1:36/21

 1:38/7 1:49/21 1:52/4 1:52/7

 1:52/11 1:53/6 1:54/14 1:56/15

 1:57/23 1:57/24 1:59/3 1:59/24

 1:63/2 1:65/17 1:65/19 1:66/21

 1:66/24 1:68/11 1:68/11 1:69/3

 1:69/24

motions [1] 1:3/8

movant [2] 1:20/8 1:20/9

moving [1] 1:46/10

Mr [1] 1:23/22

Mr. [41] 1:7/22 1:8/18 1:10/10

 1:10/23 1:12/16 1:13/10 1:23/4

 1:23/17 1:23/22 1:23/22 1:24/9

 1:28/16 1:29/15 1:30/19 1:33/20

 1:33/22 1:35/5 1:35/23 1:36/15

 1:37/16 1:37/25 1:40/3 1:40/17

 1:41/7 1:41/12 1:46/16 1:46/24

 1:47/6 1:48/18 1:49/9 1:52/2

 1:53/5 1:53/8 1:58/9 1:58/15

Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 80 of 88
M

Mr.... [6] 1:59/7 1:59/16

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Mr. Alderman [24] 1:7/22 1:8/18

 1:10/10 1:23/4 1:23/17 1:23/22

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Mr. Alderman's [2] 1:40/3

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Mr. Bross [11] 1:10/23 1:12/16

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Mr. Bross's [4] 1:28/16 1:37/25

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Ms [1] 1:7/22

Ms. [13] 1:23/19 1:24/8 1:32/20

 1:36/9 1:36/17 1:41/9 1:46/7

 1:54/17 1:54/20 1:60/16 1:60/16

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Ms. Frick [2] 1:23/19 1:24/8

Ms. Pincavage [9] 1:32/20

 1:36/9 1:36/17 1:41/9 1:46/7

 1:54/17 1:54/20 1:60/19 1:69/4

Ms. Pincavage's [2] 1:60/16

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much [19] 1:3/19 1:13/10 1:18/4

 1:29/1 1:29/2 1:29/3 1:29/21

 1:36/13 1:38/15 1:39/12 1:39/12

 1:42/25 1:42/25 1:45/6 1:45/12

 1:45/14 1:46/23 1:56/14 1:69/9

must [2] 1:41/21 1:61/25

mute [3] 1:4/21 1:5/4 1:57/5

my [40] 1:5/11 1:7/10 1:7/15

 1:7/16 1:7/20 1:7/20 1:8/13

 1:11/4 1:11/24 1:17/11 1:21/15

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 1:61/14 1:66/5 1:66/10 1:69/2

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myself [1] 1:57/5

N

naively [1] 1:58/25

name [4] 1:5/11 1:21/7 1:50/2

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names [2] 1:16/20 1:64/6

narrow [4] 1:18/6 1:18/7

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narrower [2] 1:39/6 1:39/17

narrowing [1] 1:25/12

nationally [1] 1:43/21

nationwide [1] 1:18/21

nature [1] 1:25/23

nauseam [1] 1:31/25

necessarily [4] 1:26/4 1:33/8

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necessary [5] 1:8/3 1:14/18

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need [23] 1:4/8 1:7/15 1:7/17

 1:9/10 1:15/23 1:16/2 1:16/15

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needs [1] 1:67/10

negotiate [2] 1:33/12 1:61/16

negotiated [1] 1:16/24

negotiation [3] 1:21/21 1:22/1

 1:22/9

neither [1] 1:71/10

network [21] 1:31/22 1:32/21

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never [1] 1:44/15

next [5] 1:60/25 1:62/14 1:63/7

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nine [1] 1:44/21

no [27] 1:1/7 1:1/25 1:5/4

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nobody's [1] 1:5/2

noise [1] 1:4/23

noncontracted [1] 1:33/9

none [1] 1:61/7

nonparty [1] 1:62/16

nonprivate [1] 1:22/9

normalize [1] 1:12/5

normalized [1] 1:12/1

normally [1] 1:4/16

North [8] 1:49/3 1:49/19 1:50/4

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Northeast [1] 1:2/3

not [79] 

note [3] 1:6/16 1:20/3 1:67/25

noted [2] 1:33/5 1:63/15

notes [5] 1:31/20 1:49/13

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nothing [1] 1:47/14

notice [9] 1:47/1 1:58/7

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notify [1] 1:59/16

November [1] 1:64/1

November 9th [1] 1:64/1

now [16] 1:6/17 1:7/3 1:8/10

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number [36] 1:3/6 1:5/7 1:5/11

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Number 1 [7] 1:5/11 1:14/14

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Number 104 [1] 1:5/22

Number 2 [10] 1:24/9 1:25/3

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Number 3 [1] 1:26/21

numbers [8] 1:6/2 1:10/24

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numerical [1] 1:64/9

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o'clock [1] 1:60/24

object [1] 1:64/14

objection [10] 1:7/6 1:59/23

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objections [6] 1:61/18 1:62/7

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objects [6] 1:62/8 1:62/18

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obligation [2] 1:55/21 1:64/12

obtain [1] 1:33/23

obtained [1] 1:67/8

obtaining [2] 1:63/17 1:63/21

obviously [3] 1:6/21 1:58/15

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occurred [1] 1:32/14

off [6] 1:5/9 1:5/11 1:5/13

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offer [4] 1:21/11 1:21/12

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offered [1] 1:68/9

offering [4] 1:34/9 1:34/10

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office [1] 1:7/18

official [3] 1:1/12 1:1/25

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oh [4] 1:20/24 1:43/19 1:49/25

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okay [37] 1:7/25 1:8/7 1:11/1

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once [1] 1:59/4

one [33] 1:4/17 1:4/20 1:5/10

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ones [3] 1:21/14 1:22/9 1:42/6

only [16] 1:15/13 1:21/4 1:22/8

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opinion [2] 1:50/15 1:52/17

opportunity [4] 1:46/18 1:56/16

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opposed [1] 1:38/20

opposition [1] 1:5/21

optimistic [1] 1:58/25

option [1] 1:70/2

oranges [1] 1:35/18

order [20] 1:5/24 1:6/17 1:8/13

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ordered [1] 1:38/11

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ordering [1] 1:24/22

orders [1] 1:7/1

organized [1] 1:26/8

other [22] 1:3/14 1:7/5 1:7/8

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otherwise [3] 1:15/1 1:65/2

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our [13] 1:4/11 1:5/6 1:5/8

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ours [1] 1:18/23

out [33] 1:15/17 1:20/2 1:24/14

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out-of-network [14] 1:32/22

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outcome [1] 1:71/13

outlining [1] 1:31/16

outpatient [2] 1:14/23 1:32/15

outside [2] 1:29/11 1:40/11

outweigh [1] 1:58/21

outweighs [1] 1:63/22

over [15] 1:10/7 1:11/19

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overall [1] 1:10/6

overbroad [2] 1:35/15 1:68/1

overburdened [1] 1:36/18

overburdensome [1] 1:36/20

overly [2] 1:17/12 1:67/10

overruled [8] 1:62/7 1:62/10

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overrules [1] 1:64/2

oversimplifying [1] 1:13/17

own [3] 1:33/19 1:46/9 1:62/15

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Paces [1] 1:2/3

page [9] 1:1/23 1:6/10 1:17/20

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Page 146 [1] 1:36/3

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Page 8 [3] 1:20/8 1:30/17

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pages [4] 1:1/1 1:11/10 1:25/13

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paid [34] 1:9/3 1:9/11 1:9/23

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palatable [1] 1:55/4

paper [1] 1:29/6

paperless [1] 1:6/25

papers [1] 1:50/3

Paragraph [1] 1:51/18

Paragraph 4 [1] 1:51/18

parameters [1] 1:36/18

part [6] 1:6/15 1:25/5 1:26/18

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partial [1] 1:32/5

participating [2] 1:5/17 1:68/3

particular [21] 1:10/1 1:10/2

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particularly [2] 1:15/16 1:16/9

parties [21] 1:5/25 1:6/5 1:7/3

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parties' [1] 1:6/21

party [3] 1:64/13 1:65/9 1:65/9

party's [2] 1:63/16 1:63/17

past [6] 1:6/25 1:7/16 1:8/11

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path [1] 1:19/8

patient [2] 1:16/3 1:16/3

patients [2] 1:51/14 1:68/3

pay [15] 1:13/11 1:13/11

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payer [14] 1:13/5 1:13/14

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payer's [1] 1:64/10

payer-specific [1] 1:16/24

payers [17] 1:13/1 1:13/6

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paying [1] 1:41/18

payment [9] 1:28/25 1:29/3

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payments [6] 1:16/19 1:28/21

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pays [1] 1:29/1

Pence [3] 1:1/25 1:71/20

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Pence-Aviles [3] 1:1/25 1:71/20

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Pension [1] 1:4/1

people [2] 1:27/6 1:55/16

per [4] 1:11/21 1:32/7 1:44/16

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percent [7] 1:10/7 1:13/16

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percentage [5] 1:13/9 1:43/10

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percentage-based [1] 1:49/10

perfect [2] 1:24/24 1:47/15

performed [1] 1:23/10

perhaps [2] 1:4/16 1:55/5

period [3] 1:9/19 1:12/25

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person [1] 1:29/7

pertain [1] 1:35/1

phone [3] 1:4/22 1:59/9 1:61/1

phrase [1] 1:62/8

physicians [1] 1:39/24

Pick [4] 1:24/19 1:25/13 1:26/4

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PINCAVAGE [15] 1:1/16 1:1/17

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Pincavage's [2] 1:60/16 1:60/16

ping [2] 1:7/5 1:46/8

ping-pong [1] 1:7/5

ping-ponging [1] 1:46/8

plain [2] 1:56/3 1:56/3

plaintiff [47] 1:1/6 1:1/15

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plaintiff's [25] 1:5/21 1:14/11

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plaintiffs [7] 1:17/7 1:19/16

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plan [5] 1:7/10 1:7/16 1:32/9

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plans [7] 1:21/10 1:21/10

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please [9] 1:3/10 1:4/7 1:4/15

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plenty [1] 1:56/16

point [15] 1:5/6 1:7/14 1:16/21

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pointed [2] 1:25/10 1:35/23

points [5] 1:9/18 1:19/1

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policies [2] 1:31/13 1:31/14

Ponce [1] 1:1/19

pong [1] 1:7/5

ponging [1] 1:46/8

position [6] 1:20/17 1:44/3

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possibility [3] 1:54/25 1:66/12

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possible [5] 1:34/24 1:55/3

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potential [1] 1:58/21

potentially [3] 1:35/13 1:46/18

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PPO [1] 1:65/25

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practical [2] 1:30/12 1:66/6

preceding [1] 1:51/13

predict [1] 1:61/10

prefer [3] 1:57/2 1:58/11

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prejudice [4] 1:54/14 1:58/19

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premature [1] 1:46/18

premise [1] 1:27/19

prepared [2] 1:57/11 1:57/23

preparedness [1] 1:8/20

presume [1] 1:28/16

pretty [7] 1:9/25 1:29/20

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previous [1] 1:29/25

previously [5] 1:5/23 1:63/11

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price [1] 1:31/8

primary [1] 1:23/25

prior [4] 1:9/13 1:35/5 1:45/16

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probably [7] 1:21/12 1:25/4

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problem [10] 1:10/8 1:12/19

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problematic [1] 1:40/22

problems [2] 1:13/24 1:15/14

proceed [1] 1:8/18

proceeding [1] 1:6/8

proceedings [6] 1:1/13 1:4/9

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process [1] 1:4/6

produce [16] 1:5/20 1:18/12

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produced [14] 1:11/2 1:11/4

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producing [4] 1:17/8 1:37/3

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product [2] 1:32/7 1:32/16

production [26] 1:6/14 1:14/14

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Productions [1] 1:61/12

products [2] 1:21/9 1:21/11

professionals [1] 1:39/24

programs [1] 1:23/18

progress [2] 1:36/5 1:36/7

proportionality [1] 1:18/5

proprietary [1] 1:63/8

protective [4] 1:5/24 1:63/9

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protects [1] 1:63/10

provide [16] 1:9/16 1:18/8

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provided [15] 1:33/17 1:35/1

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provider [1] 1:33/9

providers [2] 1:33/4 1:33/13

provides [1] 1:31/10

providing [1] 1:20/22

prudent [1] 1:9/15

public [6] 1:16/7 1:22/16

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publically [1] 1:23/5

pull [2] 1:26/15 1:38/24

purchasing [1] 1:40/10

purported [1] 1:25/18

purpose [1] 1:5/16

purposes [4] 1:21/24 1:50/23

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put [5] 1:3/11 1:30/13 1:58/12

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questioning [1] 1:36/8

questions [9] 1:8/16 1:20/2

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quick [1] 1:33/21

quickly [6] 1:4/7 1:4/19 1:5/3

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Quite [1] 1:60/10

quote [1] 1:66/12

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raise [1] 1:58/17

raised [2] 1:62/4 1:65/5

ran [1] 1:59/10

random [1] 1:16/16

rate [8] 1:12/6 1:13/14 1:23/8

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rates [23] 1:9/11 1:9/22 1:10/6

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rather [9] 1:21/21 1:27/11

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raw [9] 1:14/9 1:14/13 1:14/21

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reach [4] 1:54/10 1:59/4

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reached [2] 1:58/8 1:69/24

read [6] 1:8/10 1:37/22 1:37/23

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readily [1] 1:23/7

reading [3] 1:32/20 1:51/4

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reality [1] 1:13/18

realize [2] 1:5/2 1:5/3

realizing [1] 1:44/9

really [16] 1:8/12 1:8/21

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reason [3] 1:49/10 1:59/6

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reasonable [17] 1:9/4 1:9/6

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reasonableness [2] 1:62/4

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reasons [2] 1:12/19 1:53/15

rebuttal [3] 1:8/3 1:8/8

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receive [2] 1:29/2 1:36/11

recently [1] 1:49/3

recess [3] 1:57/9 1:57/10

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recollect [1] 1:31/13

recommendation [1] 1:60/17

reconvene [4] 1:60/1 1:60/22

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reconvening [1] 1:70/11

record [3] 1:3/11 1:7/17

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record's [1] 1:21/2

recording [4] 1:1/12 1:57/4

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records [5] 1:16/7 1:40/7

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Recovery [1] 1:63/25

reduce [1] 1:13/11

reeducate [1] 1:8/15

reference [4] 1:11/3 1:25/17

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referencing [1] 1:49/23

referred [1] 1:3/7

referring [5] 1:6/1 1:19/10

 1:35/5 1:36/9 1:50/11

reflect [1] 1:50/17

regard [1] 1:64/4

regarding [3] 1:20/10 1:66/3

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regardless [1] 1:20/11

regulated [2] 1:21/25 1:52/20

reimbursement [45] 1:9/11

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reimbursements [1] 1:12/1

rejected [3] 1:49/2 1:49/3

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rejoin [2] 1:5/8 1:5/15

relate [4] 1:9/17 1:9/21

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related [7] 1:6/15 1:35/12

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relates [1] 1:65/1

relationship [2] 1:28/19 1:59/1

relative [1] 1:12/3

relevant [14] 1:6/11 1:8/12

 1:9/18 1:12/24 1:13/2 1:21/20

 1:25/1 1:35/20 1:61/22 1:64/5

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relied [2] 1:32/2 1:66/25

relying [1] 1:16/11

remain [1] 1:56/25

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remainder [1] 1:41/16

remains [2] 1:52/23 1:55/7

remedy [2] 1:46/10 1:49/11

remember [5] 1:18/22 1:18/24

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remind [1] 1:4/7

renders [1] 1:52/22

report [56] 1:5/25 1:6/3 1:9/16

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reporter [4] 1:1/25 1:4/9

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reporter's [1] 1:7/18

reports [6] 1:14/3 1:18/13

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representative [2] 1:46/24

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request [43] 1:14/12 1:14/14

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requested [3] 1:28/16 1:34/24

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requesting [4] 1:18/16 1:28/19

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requests [19] 1:6/6 1:6/13

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require [4] 1:14/16 1:15/19

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required [3] 1:35/19 1:41/11

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requires [2] 1:16/22 1:16/23

requiring [2] 1:18/11 1:35/6

reread [1] 1:8/11

research [2] 1:23/8 1:23/9

reserve [2] 1:7/10 1:8/4

Resier [1] 1:65/7

resolve [8] 1:6/5 1:19/3

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resolved [2] 1:5/25 1:19/19

resolving [1] 1:59/2

resources [1] 1:38/15

respond [3] 1:14/11 1:14/12

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response [6] 1:10/22 1:11/4

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rest [1] 1:69/2

result [2] 1:62/2 1:66/7

retaliatory [1] 1:62/15

retroactively [2] 1:55/14

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retrospective [1] 1:55/18

revenue [9] 1:11/21 1:14/5

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review [4] 1:14/14 1:14/16

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reviewed [1] 1:10/14

reviewing [1] 1:15/19

revisit [1] 1:37/10

right [63] 1:3/4 1:3/19 1:4/2

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Rise [1] 1:65/7

risky [1] 1:47/6

RMR [2] 1:1/25 1:71/21

Road [1] 1:2/3

Rows [1] 1:11/15

rule [12] 1:7/16 1:30/9 1:33/19

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ruled [3] 1:30/4 1:65/17

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rules [2] 1:46/9 1:65/11

ruling [12] 1:7/15 1:45/15

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rulings [3] 1:45/16 1:61/14

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run [5] 1:4/19 1:4/20 1:14/4

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running [1] 1:4/17

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said [31] 1:7/20 1:8/20 1:9/6

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same [20] 1:6/10 1:12/24

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satisfied [1] 1:38/6

satisfies [1] 1:68/20

Saturday [1] 1:71/16

save [3] 1:7/7 1:8/2 1:54/7

saw [2] 1:11/3 1:12/15

say [23] 1:6/11 1:11/2 1:11/20

 1:13/4 1:13/15 1:13/16 1:19/4

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saying [10] 1:10/5 1:16/13

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says [5] 1:11/16 1:31/7 1:32/8

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schedule [3] 1:22/15 1:50/19

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scheduled [1] 1:4/4

scheduling [1] 1:6/16

scope [3] 1:46/25 1:67/13

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screen [2] 1:5/12 1:57/20

second [8] 1:7/25 1:10/15

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secondly [2] 1:5/12 1:16/11

secret [1] 1:16/4

secrets [3] 1:15/25 1:63/16

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Section [1] 1:64/19

see [19] 1:5/11 1:9/5 1:9/17

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seek [7] 1:61/19 1:62/18

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seeking [13] 1:24/25 1:28/11

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seeks [4] 1:33/24 1:47/7 1:67/6

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seem [2] 1:6/14 1:39/17

seems [3] 1:17/22 1:39/6 1:68/5

self [14] 1:20/13 1:21/10

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self-funded [3] 1:21/10 1:32/9

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self-pay [11] 1:20/13 1:22/4

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sense [4] 1:19/4 1:19/8 1:27/10

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sentences [2] 1:4/17 1:4/19

SENTERFITT [1] 1:2/5

separate [1] 1:42/19

September [2] 1:6/18 1:47/4

September 16th [1] 1:6/18

service [11] 1:12/22 1:12/23

 1:13/5 1:13/7 1:23/8 1:39/21

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services [29] 1:1/8 1:3/6

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set [9] 1:7/20 1:7/25 1:21/21

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several [2] 1:12/19 1:49/2

shame [1] 1:5/4

she [1] 1:60/17

shed [1] 1:41/12

Shield [1] 1:20/21

Shore [7] 1:49/3 1:49/19 1:50/4

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short [4] 1:10/14 1:57/10

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should [12] 1:13/15 1:17/24

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show [3] 1:11/9 1:44/7 1:61/25

shows [1] 1:34/10

sic [2] 1:6/13 1:7/1

side [4] 1:7/6 1:7/8 1:36/17

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sides [2] 1:8/17 1:39/10

sift [1] 1:26/13

significance [1] 1:46/20

similar [5] 1:16/14 1:18/20

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simply [2] 1:49/9 1:59/8

Singhal [2] 1:3/7 1:47/9

single [2] 1:19/5 1:52/8

single-case [1] 1:52/8

six [1] 1:44/18

sledgehammer [1] 1:59/20

sleep [1] 1:70/2

sliced [1] 1:15/20

slightly [1] 1:21/4

sliver [1] 1:52/9

slower [1] 1:4/16

slowly [1] 1:4/15

small [3] 1:23/1 1:26/1 1:26/2

so [143] 

software [1] 1:40/10

solution [3] 1:39/5 1:66/6

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solutions [1] 1:56/17

some [30] 1:6/13 1:9/17 1:14/20

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somebody [1] 1:27/12

somehow [1] 1:36/22

someone [3] 1:4/25 1:5/9 1:5/14

something [11] 1:33/22 1:37/23

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sometimes [2] 1:4/23 1:56/22

somewhat [1] 1:50/22

somewhere [1] 1:27/18

sorry [15] 1:10/10 1:22/24

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sort [1] 1:12/5

sorts [1] 1:38/4

sought [4] 1:62/11 1:62/13

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sound [2] 1:1/12 1:71/6

SOUTH [5] 1:1/5 1:3/5 1:3/13

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SOUTHERN [5] 1:1/3 1:49/4

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Southwest [1] 1:1/16

speak [5] 1:4/7 1:4/15 1:4/19

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speaker [1] 1:4/10

speaking [5] 1:4/21 1:7/6

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specific [6] 1:13/22 1:16/24

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specifically [1] 1:43/22

spent [2] 1:27/5 1:48/6

spoiler [1] 1:46/23

spreadsheet [5] 1:27/9 1:31/7

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spreadsheets [1] 1:27/4

stage [1] 1:38/13

stamp [1] 1:67/4

stamped [1] 1:40/24

standard [3] 1:28/23 1:48/11

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standpoint [1] 1:13/23

stands [1] 1:46/5

start [6] 1:14/5 1:28/4 1:28/4

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started [1] 1:4/5

starting [1] 1:36/4

state [2] 1:29/23 1:65/21

stated [2] 1:64/19 1:71/8

statement [1] 1:23/2

states [2] 1:1/2 1:65/4

status [4] 1:5/24 1:6/3 1:29/22

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statute [5] 1:50/20 1:64/17

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statutes [2] 1:62/21 1:64/20

statutory [4] 1:50/19 1:51/2

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stayed [1] 1:57/2

still [7] 1:5/4 1:9/21 1:23/19

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stipulate [1] 1:54/10

stipulating [1] 1:66/13

stipulation [3] 1:38/9 1:54/10

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stop [4] 1:10/10 1:37/18 1:41/4

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stopping [1] 1:57/8

stops [1] 1:70/17

stored [3] 1:18/18 1:26/9

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strategic [1] 1:25/4

Street [1] 1:2/5

strongly [1] 1:41/25

struggle [1] 1:53/21

stuff [2] 1:8/11 1:11/11

subpoenas [1] 1:62/16

subset [3] 1:24/23 1:26/1

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substance [2] 1:61/11 1:61/17

substantial [1] 1:58/20

substantive [1] 1:59/25

such [3] 1:28/17 1:33/5 1:66/16

sufficient [4] 1:42/14 1:44/7

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suggested [1] 1:56/21

suggestion [2] 1:47/16 1:56/6

suggests [1] 1:65/13

Suite [3] 1:1/16 1:2/3 1:2/5

summary [3] 1:11/14 1:11/15

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summer [1] 1:37/11

Sunshine [1] 1:16/7

sup [1] 1:67/1

supplemental [1] 1:67/1

supplemented [2] 1:10/22

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supposed [2] 1:9/3 1:13/10

sure [16] 1:8/9 1:11/12 1:11/23

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surmised [1] 1:41/21

surprise [1] 1:29/20

suspect [2] 1:34/25 1:41/25

switching [1] 1:18/23

system [12] 1:4/11 1:4/18

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systematically [2] 1:8/24 1:9/2

systems [3] 1:18/17 1:26/8

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tab [4] 1:11/14 1:31/7 1:44/13

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tabs [5] 1:11/13 1:11/17 1:36/2

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take [11] 1:7/14 1:8/5 1:10/3

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taken [5] 1:11/25 1:11/25

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takes [2] 1:7/13 1:34/15

taking [5] 1:13/21 1:15/15

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TAL [4] 1:1/20 1:3/16 1:57/20

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talk [1] 1:34/12

talked [3] 1:16/6 1:34/19

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talking [10] 1:5/2 1:15/3

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Tampa [1] 1:2/6

taped [1] 1:4/11

team [2] 1:55/11 1:55/16

technical [1] 1:29/20

telegraphs [1] 1:35/25

telephonic [2] 1:4/4 1:4/24

tell [11] 1:5/15 1:9/24 1:19/13

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telling [2] 1:23/19 1:54/13

tells [1] 1:12/15

ten [3] 1:25/13 1:44/20 1:44/20

tend [1] 1:4/19

term [1] 1:31/2

terms [7] 1:11/8 1:11/19

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testify [3] 1:29/16 1:46/18

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than [25] 1:4/16 1:10/7 1:13/16

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thank [18] 1:3/19 1:4/2 1:4/3

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thank... [3] 1:70/10 1:70/14

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Thanks [2] 1:21/3 1:34/7

that [470] 

that's [61] 1:5/20 1:6/17 1:8/9

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 1:51/19 1:51/23 1:51/23 1:52/13

 1:52/13 1:54/7 1:55/3 1:56/19

 1:56/20 1:56/22 1:60/21 1:68/7

 1:68/7 1:70/1

their [21] 1:11/25 1:12/1

 1:14/25 1:16/12 1:16/20 1:17/17

 1:17/23 1:18/17 1:18/23 1:19/14

 1:19/19 1:26/8 1:26/8 1:26/9

 1:28/11 1:29/6 1:42/24 1:53/22

 1:62/10 1:66/25 1:68/5

them [37] 1:12/20 1:14/13

 1:14/14 1:14/16 1:17/14 1:17/16

 1:18/11 1:19/5 1:19/6 1:19/7

 1:19/21 1:21/12 1:21/12 1:21/13

 1:23/12 1:23/12 1:25/19 1:25/20

 1:27/3 1:27/16 1:27/19 1:30/4

 1:31/25 1:32/25 1:34/3 1:34/4

 1:34/24 1:38/3 1:39/23 1:40/23

 1:41/22 1:44/18 1:44/21 1:46/1

 1:47/20 1:58/6 1:68/16

themselves [1] 1:38/19

then [34] 1:5/3 1:7/16 1:8/13

 1:9/17 1:10/7 1:10/16 1:12/14

 1:13/15 1:13/21 1:14/18 1:16/21

 1:21/16 1:24/22 1:26/10 1:29/19

 1:30/21 1:38/21 1:43/9 1:44/13

 1:44/25 1:45/13 1:45/25 1:47/7

 1:49/11 1:51/6 1:54/11 1:54/17

 1:55/2 1:57/5 1:57/6 1:59/23

 1:60/22 1:67/18 1:69/23

theoretically [1] 1:13/12

there [32] 1:4/18 1:5/12 1:9/17

 1:10/11 1:13/23 1:14/23 1:15/14

 1:15/17 1:25/13 1:25/14 1:26/16

 1:27/5 1:27/5 1:28/22 1:32/3

 1:35/18 1:37/18 1:38/4 1:38/7

 1:39/21 1:41/6 1:44/12 1:44/18

 1:45/16 1:48/12 1:48/17 1:48/23

 1:50/18 1:50/23 1:52/8 1:53/22

 1:57/15

there's [13] 1:5/4 1:17/2

 1:27/9 1:27/9 1:28/19 1:31/6

 1:32/3 1:32/6 1:44/12 1:47/13

 1:53/7 1:53/8 1:56/7

thereby [1] 1:67/6

Therefore [1] 1:68/11

these [29] 1:3/8 1:4/8 1:4/12

 1:4/23 1:13/19 1:14/1 1:21/4

 1:21/11 1:23/18 1:25/14 1:25/16

 1:25/16 1:26/5 1:26/24 1:29/24

 1:30/3 1:30/9 1:30/14 1:41/17

 1:42/5 1:44/23 1:48/7 1:48/9

 1:51/22 1:56/22 1:59/23 1:62/7

 1:65/14 1:66/4

they [70] 1:10/7 1:12/2 1:12/5

 1:12/7 1:13/20 1:14/18 1:14/21

 1:14/24 1:14/24 1:15/1 1:16/11

 1:16/13 1:16/16 1:17/11 1:17/17

 1:18/9 1:18/18 1:18/18 1:18/24

 1:19/9 1:19/11 1:19/13 1:19/16

 1:19/16 1:19/16 1:19/24 1:21/8

 1:21/8 1:21/9 1:21/9 1:21/10

 1:21/11 1:23/11 1:23/12 1:24/11

 1:25/19 1:25/25 1:25/25 1:26/2

 1:26/9 1:26/11 1:26/14 1:26/24

 1:27/1 1:29/2 1:30/10 1:30/10

 1:33/18 1:37/1 1:40/8 1:40/12

 1:41/19 1:41/20 1:42/23 1:42/25

 1:43/1 1:46/11 1:47/22 1:48/6

 1:49/8 1:49/9 1:49/9 1:50/18

 1:50/21 1:54/1 1:59/4 1:61/8

 1:61/15 1:64/6 1:67/10

they're [15] 1:16/11 1:16/11

 1:18/20 1:25/19 1:25/20 1:30/10

 1:37/24 1:38/6 1:38/18 1:39/23

 1:48/10 1:54/1 1:55/18 1:56/5

 1:57/18

they've [6] 1:11/25 1:11/25

 1:12/1 1:12/1 1:34/4 1:45/24

thing [11] 1:9/8 1:9/8 1:12/24

 1:25/7 1:28/15 1:28/18 1:39/13

 1:46/16 1:48/20 1:51/8 1:53/13

things [5] 1:24/25 1:30/9

 1:38/4 1:44/23 1:54/24

think [79] 

thinking [1] 1:35/25

third [2] 1:16/21 1:64/13

this [121] 

those [39] 1:8/17 1:9/17 1:10/9

 1:10/23 1:11/19 1:12/2 1:12/16

 1:12/17 1:13/11 1:14/3 1:16/19

 1:17/8 1:21/7 1:21/14 1:21/21

 1:22/16 1:23/9 1:24/15 1:26/10

 1:26/15 1:27/6 1:27/11 1:32/16

 1:33/16 1:35/4 1:35/16 1:35/17

 1:41/21 1:44/4 1:44/7 1:45/2

 1:45/7 1:45/18 1:45/19 1:47/20

 1:48/9 1:61/13 1:66/19 1:66/20

though [1] 1:20/1

thousand [4] 1:23/12 1:35/2

 1:35/10 1:35/14

thousands [1] 1:26/3

three [4] 1:6/5 1:11/17 1:60/1

 1:61/13

threw [1] 1:54/24

THROCKMORTON [3] 1:1/19 1:3/16

 1:58/14

through [22] 1:9/19 1:9/20

 1:9/23 1:10/8 1:11/15 1:11/16

 1:12/20 1:19/22 1:20/4 1:21/21

 1:26/14 1:31/11 1:32/4 1:34/13

 1:34/18 1:41/1 1:43/5 1:43/9

 1:49/17 1:55/1 1:64/24 1:67/23

through 10 [1] 1:11/16

throughout [1] 1:61/16

throws [1] 1:12/6

Thus [1] 1:66/10

ticking [1] 1:54/15

time [17] 1:5/1 1:7/12 1:9/18

 1:12/25 1:18/12 1:20/2 1:24/14

 1:27/6 1:27/23 1:33/20 1:35/12

 1:48/6 1:55/22 1:56/8 1:60/7

 1:60/23 1:71/8

time-consuming [1] 1:18/12

timer [2] 1:7/21 1:8/1

tiny [1] 1:52/9

title [1] 1:11/14

today [12] 1:4/10 1:20/17

 1:39/5 1:45/16 1:48/4 1:52/15

 1:61/7 1:67/4 1:67/6 1:67/21

 1:68/24 1:70/17

today's [5] 1:6/15 1:6/15

 1:52/22 1:66/15 1:66/24

together [1] 1:12/6

told [5] 1:29/11 1:44/12

 1:44/13 1:47/19 1:55/2

tomorrow [11] 1:60/2 1:60/5

 1:60/8 1:60/10 1:60/22 1:61/13

 1:69/1 1:69/10 1:69/13 1:69/21

 1:70/11

too [5] 1:4/19 1:5/5 1:28/7

 1:39/12 1:70/14

took [3] 1:36/6 1:55/11 1:55/11

total [7] 1:32/6 1:32/13

 1:32/14 1:44/19 1:44/25 1:45/4

 1:45/7

track [4] 1:28/25 1:29/2

 1:40/12 1:44/14

trade [4] 1:15/25 1:16/4

 1:63/16 1:64/2

Transcribed [1] 1:1/25

TRANSCRIBER [1] 1:71/3

transcript [11] 1:1/12 1:4/8

 1:4/13 1:7/17 1:17/11 1:36/1

 1:36/2 1:36/4 1:54/25 1:65/16

 1:71/5

transparency [20] 1:9/16 1:9/18

 1:16/22 1:17/8 1:31/5 1:31/10

 1:31/23 1:39/20 1:41/18 1:42/6

 1:42/11 1:42/17 1:43/4 1:43/8

 1:43/9 1:43/11 1:55/1 1:55/18

 1:56/14 1:66/11

Tribune [1] 1:63/18

TRICARE [4] 1:20/14 1:22/11

 1:30/22 1:63/2

tricky [1] 1:37/7

tried [8] 1:9/14 1:24/18

 1:30/12 1:54/6 1:61/6 1:66/6

 1:67/21 1:68/8

TROPIN [3] 1:1/19 1:3/16

 1:58/14

true [3] 1:31/12 1:51/23 1:71/4

try [11] 1:8/21 1:10/22 1:15/5

 1:24/24 1:25/20 1:30/13 1:34/1

 1:34/1 1:53/19 1:56/3 1:61/7

trying [14] 1:10/3 1:15/15

 1:27/12 1:31/1 1:38/15 1:38/22

 1:39/7 1:41/2 1:43/1 1:46/10

 1:46/25 1:54/21 1:56/2 1:56/8

turn [9] 1:6/20 1:7/3 1:7/7

 1:7/8 1:27/24 1:28/12 1:36/22

 1:39/14 1:48/9

turned [2] 1:26/17 1:32/23

two [3] 1:5/10 1:36/16 1:44/21

type [5] 1:12/22 1:29/12 1:32/7

 1:42/3 1:58/11

types [5] 1:21/7 1:32/10

 1:32/16 1:44/5 1:51/14

typing [1] 1:29/8

U

U.S [2] 1:71/7 1:71/21

UBO [1] 1:18/25

Uh [1] 1:15/10

Uh-huh [1] 1:15/10

ultimately [1] 1:9/20

unable [1] 1:6/5

undefined [1] 1:62/9

under [7] 1:16/4 1:49/1 1:55/20

 1:55/21 1:55/21 1:62/19 1:65/11

underlying [3] 1:10/17 1:10/20

Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 86 of 88
U

underlying... [1] 1:54/11

underpaid [3] 1:8/25 1:9/2

 1:45/10

underpay [1] 1:25/17

underpayments [1] 1:25/18

undersigned [1] 1:64/17

understand [18] 1:16/17 1:16/19

 1:18/15 1:22/10 1:26/22 1:29/19

 1:37/14 1:37/15 1:37/15 1:37/23

 1:38/14 1:45/1 1:53/21 1:54/9

 1:56/10 1:58/15 1:59/4 1:61/8

understanding [7] 1:11/24

 1:22/14 1:39/23 1:40/12 1:47/15

 1:58/22 1:58/23

understood [3] 1:37/23 1:37/24

 1:42/9

undue [1] 1:66/9

unduly [3] 1:18/11 1:46/12

 1:67/24

unequivocally [1] 1:56/13

unfortunate [1] 1:56/19

unfortunately [4] 1:47/10

 1:47/13 1:60/8 1:66/15

uninsured [4] 1:20/14 1:22/4

 1:24/1 1:30/21

unique [1] 1:64/8

UNITED [1] 1:1/2

units [1] 1:12/3

universe [1] 1:25/22

unlawful [1] 1:62/2

unless [2] 1:5/15 1:50/8

unlike [1] 1:35/17

unmute [1] 1:4/25

unpalatable [1] 1:53/14

unpersuasive [2] 1:62/17

 1:67/13

unreliable [1] 1:38/1

unsupported [1] 1:62/16

until [4] 1:7/7 1:46/18 1:60/8

 1:60/8

up [14] 1:9/21 1:11/18 1:16/18

 1:20/19 1:27/22 1:30/12 1:42/22

 1:44/18 1:46/17 1:56/3 1:56/19

 1:57/2 1:66/20 1:68/19

upon [5] 1:9/1 1:15/25 1:54/25

 1:66/21 1:66/25

us [20] 1:5/17 1:7/13 1:9/8

 1:9/9 1:14/2 1:14/3 1:14/9

 1:14/21 1:18/20 1:19/17 1:23/24

 1:34/1 1:34/5 1:53/7 1:53/11

 1:53/19 1:53/23 1:53/25 1:59/7

 1:59/14

use [4] 1:7/12 1:33/2 1:47/11

 1:49/10

used [3] 1:19/12 1:26/14

 1:39/23

using [8] 1:13/3 1:14/8 1:15/10

 1:15/13 1:28/10 1:48/5 1:64/8

 1:67/5

usual [2] 1:50/21 1:51/3

V

vague [1] 1:31/2

valid [1] 1:64/14

Valle [1] 1:1/4

valuable [1] 1:53/11

value [18] 1:9/4 1:9/6 1:9/10

 1:12/3 1:13/2 1:17/21 1:18/2

 1:33/3 1:44/1 1:44/2 1:45/18

 1:50/18 1:50/22 1:61/20 1:62/1

 1:64/23 1:67/14 1:67/17

varies [1] 1:29/4

various [3] 1:13/1 1:46/2

 1:62/21

verbatim [1] 1:55/3

verify [1] 1:27/3

versed [1] 1:21/4

versus [1] 1:3/5

very [25] 1:3/19 1:4/5 1:6/22

 1:8/14 1:9/15 1:10/14 1:18/20

 1:18/24 1:18/24 1:29/4 1:30/10

 1:30/10 1:30/14 1:48/18 1:49/6

 1:51/11 1:53/19 1:54/15 1:59/1

 1:60/3 1:60/23 1:60/23 1:60/23

 1:61/2 1:69/9

view [1] 1:9/10

visited [1] 1:37/11

voluminous [2] 1:18/12 1:54/22

W

Wachovia [1] 1:65/7

wait [3] 1:5/15 1:61/3 1:70/10

waiting [3] 1:47/5 1:58/6

 1:58/19

want [22] 1:6/8 1:7/6 1:8/2

 1:9/24 1:11/23 1:15/22 1:17/14

 1:18/9 1:20/2 1:20/16 1:21/1

 1:23/19 1:27/24 1:37/1 1:39/11

 1:41/16 1:42/8 1:43/5 1:46/11

 1:52/12 1:57/4 1:60/15

wanted [6] 1:21/16 1:22/10

 1:23/1 1:30/16 1:46/9 1:68/14

wants [2] 1:18/9 1:40/3

was [82] 

wasn't [1] 1:34/9

way [21] 1:4/8 1:9/17 1:14/8

 1:16/14 1:19/3 1:19/19 1:19/20

 1:24/14 1:26/9 1:31/4 1:34/23

 1:36/24 1:40/12 1:45/24 1:47/21

 1:53/8 1:55/13 1:56/22 1:68/4

 1:68/15 1:70/2

ways [1] 1:5/10

we [142] 

we'd [4] 1:16/13 1:16/14 1:26/1

 1:44/1

we'll [9] 1:5/1 1:34/12 1:45/11

 1:45/12 1:53/10 1:56/24 1:60/22

 1:69/10 1:70/11

we're [35] 1:13/20 1:14/6

 1:14/10 1:15/3 1:15/10 1:15/17

 1:16/13 1:17/1 1:17/16 1:18/23

 1:22/6 1:23/25 1:24/14 1:24/25

 1:26/18 1:34/5 1:35/11 1:37/3

 1:38/13 1:42/19 1:43/1 1:43/10

 1:43/12 1:43/12 1:47/7 1:51/10

 1:52/10 1:53/7 1:53/16 1:53/16

 1:54/18 1:59/13 1:60/1 1:60/21

 1:61/12

we've [21] 1:4/5 1:6/21 1:6/24

 1:8/23 1:9/13 1:9/13 1:9/21

 1:13/25 1:14/7 1:16/6 1:31/3

 1:31/25 1:33/5 1:41/20 1:43/20

 1:43/20 1:43/21 1:48/22 1:52/19

 1:52/19 1:53/17

Wednesday [2] 1:1/11 1:3/1

weighted [1] 1:66/23

welcome [2] 1:61/5 1:70/16

well [22] 1:6/24 1:8/20 1:10/14

 1:13/15 1:17/5 1:18/19 1:22/7

 1:28/5 1:35/22 1:39/25 1:40/19

 1:44/17 1:44/20 1:47/21 1:48/2

 1:51/8 1:55/4 1:56/15 1:62/3

 1:64/5 1:68/25 1:69/13

well-preparedness [1] 1:8/20

went [3] 1:8/10 1:12/16 1:55/22

were [32] 1:5/23 1:6/5 1:6/14

 1:9/22 1:10/6 1:10/7 1:11/20

 1:13/18 1:14/4 1:18/21 1:23/10

 1:28/10 1:30/10 1:31/16 1:32/8

 1:32/9 1:32/10 1:32/10 1:32/11

 1:34/18 1:35/14 1:43/1 1:45/1

 1:45/5 1:48/24 1:50/18 1:50/21

 1:52/2 1:59/9 1:66/16 1:66/23

 1:68/2

weren't [1] 1:54/10

what [139] 

what's [9] 1:8/15 1:12/9 1:16/8

 1:28/11 1:33/11 1:43/17 1:50/2

 1:53/23 1:55/5

whatever [3] 1:47/5 1:52/21

 1:64/11

whatnot [1] 1:62/22

when [14] 1:4/7 1:4/21 1:7/5

 1:15/16 1:18/20 1:25/3 1:27/3

 1:32/5 1:35/16 1:42/1 1:46/21

 1:50/3 1:54/6 1:63/15

where [13] 1:9/14 1:9/15

 1:16/19 1:30/3 1:35/17 1:36/1

 1:36/14 1:36/18 1:38/13 1:54/21

 1:64/22 1:65/9 1:69/1

whereas [3] 1:25/1 1:25/21

 1:59/20

whether [8] 1:9/1 1:20/10

 1:21/25 1:27/1 1:38/3 1:44/10

 1:45/9 1:63/4

which [50] 1:6/12 1:7/1 1:7/14

 1:9/19 1:12/14 1:12/15 1:14/3

 1:15/22 1:16/17 1:18/25 1:19/3

 1:19/10 1:24/19 1:26/3 1:26/17

 1:27/19 1:30/2 1:30/3 1:31/4

 1:32/2 1:33/2 1:35/20 1:36/3

 1:38/20 1:41/16 1:43/3 1:44/14

 1:45/1 1:45/8 1:47/3 1:49/2

 1:50/21 1:52/18 1:53/19 1:55/17

 1:62/5 1:62/23 1:63/21 1:64/1

 1:65/4 1:65/18 1:65/21 1:65/24

 1:66/2 1:66/11 1:67/4 1:67/19

 1:68/7 1:68/15 1:71/12

while [4] 1:18/11 1:49/16

 1:56/16 1:57/1

White [1] 1:65/3

who [3] 1:4/9 1:27/12 1:41/17

who's [3] 1:7/21 1:22/24

 1:27/25

whole [3] 1:9/20 1:20/11

 1:27/10

why [19] 1:9/24 1:12/15 1:12/18

 1:16/22 1:17/9 1:21/16 1:25/2

 1:27/14 1:37/14 1:38/7 1:38/11

 1:39/9 1:43/16 1:43/18 1:44/6

 1:51/24 1:55/9 1:59/6 1:62/12

wildly [1] 1:29/4

will [27] 1:4/9 1:4/19 1:4/19

 1:5/8 1:5/12 1:5/13 1:5/15

 1:7/4 1:19/24 1:25/21 1:39/21

 1:45/11 1:45/13 1:46/16 1:53/7

 1:53/11 1:53/11 1:55/23 1:56/4

 1:56/13 1:57/6 1:59/4 1:61/14

 1:61/15 1:68/25 1:69/1 1:69/12

willing [5] 1:20/12 1:22/11

 1:23/17 1:33/14 1:36/25

winding [1] 1:9/8

winter [1] 1:22/20

withhold [1] 1:64/14

without [10] 1:30/14 1:37/8

 1:40/10 1:46/12 1:47/14 1:54/14

 1:56/11 1:59/25 1:66/8 1:67/23

Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 87 of 88
W

WOLFE [1] 1:1/16

won't [4] 1:9/20 1:29/5 1:34/1

 1:34/1

wondering [1] 1:44/10

word [2] 1:20/22 1:33/6

work [12] 1:14/2 1:18/17 1:21/9

 1:21/10 1:26/18 1:38/19 1:39/3

 1:40/17 1:46/25 1:58/16 1:59/19

 1:59/21

worker's [4] 1:22/14 1:24/5

 1:30/22 1:63/2

working [2] 1:53/17 1:59/1

worry [1] 1:5/1

would [72] 

wouldn't [6] 1:15/1 1:24/23

 1:24/24 1:52/7 1:52/11 1:53/25

wound [1] 1:9/21

wrote [1] 1:41/7

Y

yeah [18] 1:8/6 1:15/5 1:21/3

 1:21/19 1:22/13 1:23/3 1:25/11

 1:27/18 1:32/21 1:34/6 1:38/8

 1:40/5 1:40/16 1:50/1 1:50/8

 1:51/19 1:57/17 1:57/18

year [16] 1:7/2 1:10/8 1:11/19

 1:11/19 1:13/20 1:13/20 1:32/7

 1:32/14 1:32/15 1:43/3 1:49/5

 1:51/10 1:51/10 1:51/13 1:53/17

 1:60/25

year-over-year [2] 1:11/19

 1:13/20

year-to-year [1] 1:51/10

years [6] 1:13/11 1:31/11

 1:32/4 1:54/23 1:56/14 1:66/19

yes [21] 1:3/15 1:8/4 1:11/6

 1:12/11 1:15/7 1:20/18 1:20/25

 1:20/25 1:24/17 1:25/12 1:31/14

 1:34/14 1:41/10 1:41/14 1:51/18

 1:51/20 1:51/20 1:57/16 1:58/4

 1:60/20 1:69/22

yet [4] 1:33/17 1:34/16 1:46/23

 1:53/14

you [291] 

you'd [5] 1:24/22 1:28/4

 1:38/24 1:46/13 1:48/17

you'll [3] 1:5/2 1:5/3 1:7/8

you're [30] 1:5/2 1:5/4 1:17/7

 1:17/20 1:20/2 1:20/11 1:20/24

 1:21/8 1:22/2 1:22/11 1:25/9

 1:25/12 1:27/15 1:31/14 1:36/10

 1:36/18 1:38/8 1:38/23 1:40/4

 1:48/5 1:50/14 1:52/24 1:53/1

 1:53/21 1:54/5 1:60/12 1:60/12

 1:60/13 1:61/5 1:70/16

you've [5] 1:6/18 1:31/17

 1:40/24 1:45/15 1:47/3

you-all [1] 1:60/4

your [77] 

Your Honor [28] 1:3/21 1:7/23

 1:23/5 1:23/6 1:23/9 1:25/5

 1:28/1 1:30/25 1:31/12 1:33/25

 1:34/8 1:37/12 1:47/13 1:48/21

 1:50/10 1:51/7 1:51/23 1:52/5

 1:56/10 1:57/25 1:58/1 1:58/10

 1:60/3 1:60/6 1:60/14 1:69/5

 1:69/8 1:69/12

yourself [1] 1:4/8

Case 0:20-cv-61007-AHS Document 125 Entered on FLSD Docket 07/07/2022 Page 88 of 88