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KATZOFF & 

RIGGS LLP 

 1500 PARK AVENUE, SUITE 300 

EMERYVILLE, CA 94608 

(510) 597-1990 

____________________________________________________________________ i

INTERESTED PARTIES WOMAC PROPERTIES, INC. AND JLG ASSOCIATES, LLC’S OPPOSITION 

TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND APPOINTMENT OF RECEIVER 

KENNETH S. KATZOFF (SBN 103490) 

STEPHEN G. PREONAS (SBN 245334) 

Katzoff & Riggs LLP 

1500 Park Avenue, Suite 300 

Emeryville, CA 94608 

Tel. (510) 597-1990 

Fax. (510) 597-0295 

Attorneys for Interested Parties 

WOMAC PROPERTIES, INC. 

and JLG ASSOCIATES, LLC 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION 

SECURITIES AND EXCHANGE 

COMMISSION, 

 Plaintiff, 

 vs. 

SAN FRANCISCO REGIONAL CENTER, 

LLC; THOMAS M. HENDERSON; 

CALIFORNIA GOLD MEDAL, L.P.; CALL 

SOCKET, L.P.; CALL SOCKET II, L.P.; 

CALLSOCKET III, L.P.; 

COMPREHENSIVE CARE OF OAKLAND, 

L.P.; NA3PL, L.P.; WEST OAKLAND 

P.AZA, L.P.; CALLSOCKET III, LLC; 

COMPREHENSIVE CARE OF 

CALIFORNIA, LLC; IMMEDIA, LLC; 

NORTH AMERICA 3 PL, LLC, 

 Defendants, 

 -andCALL SOCKET HOLDING COMPANY, 

LLC; CALLSOCKET III HOLDING 

COMPANY, LLC; CENTRAL 

CALIFORNIA FARMS, LLC; BERKELEY 

HEALTHCARE 

DYNAMICS, LLC; JL GATEWAY, LLC, 

 Relief Defendants. 

____________________________________ 

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Case No. 3:17-CV-00223-RS 

INTERESTED PARTIES WOMAC 

PROPERTIES, INC. AND JLG 

ASSOCIATES, LLC’S 

OPPOSITION TO MOTION FOR 

ORDER AUTHORIZING 

RETENTION OF BROKER AND 

LISTING OF JL GATEWAY, LLC 

PROPERTY FOR SALE 

Date: September 28, 2017 

Time: 1:30 p.m. 

Place: 450 Golden Gate Ave. 

 17th Floor, Ctrm. 3 

 San Francisco, CA 94102 

Judge: The Hon. Richard Seeborg 

Case 3:17-cv-00223-RS Document 215 Filed 09/06/17 Page 1 of 12
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KATZOFF & 

RIGGS LLP 

 1500 PARK AVENUE, SUITE 300 

EMERYVILLE, CA 94608 

(510) 597-1990 

____________________________________________________________________ ii

INTERESTED PARTIES WOMAC PROPERTIES, INC. AND JLG ASSOCIATES, LLC’S OPPOSITION 

TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND APPOINTMENT OF RECEIVER 

 TABLE OF CONTENTS 

INTRODUCTION ............................................................................................................... 1

STATEMENT OF FACTS .................................................................................................. 3

A.          Separate and Apart from Any Involvement in the EB-5 Program WOMAC 

and SFRC Entered Into A Business Relationship Involving the Property and 

WOMAC Obtains an Adjudication on the Merits that SFRC Has Breached 

its Obligations to WOMAC and That, as a Matter of Law, Judgment Should 

be Entered in Favor of WOMAC and Against SFRC for $3.2M ............................. 3

B.         The Property Bears No Meaningful Similarity to the Other EB-5 Investment 

Properties Under Receivership in This Action Relating and the Receiver 

Not Yet Substantiated or Quantified Any EB-5 Investment Funds 

Contributed to JL Gateway or the Property. ............................................................. 5

C. Additional Time is Needed for the City of Oakland to Consider its 

Important Public Development Goals Regarding the Property Which

Include Significant Community Interests That are Distinct From Financial 

Considerations........................................................................................................... 6

ARGUMENT ....................................................................................................................... 7

A.          Sale of the Property Will Impermissibly Prejudice WOMAC and Will 

Further Defendants’ Fraudulent Acts ....................................................................... 7

B.          The Receiver’s Broker Opinion Is Impermissibly Flawed and Will Not 

Adequately Value the Property to WOMAC’s & the Public’s Detriment ............... 7

C.          The Property Is a Unique Community Asset for the West Oakland 

Community That Should Not Be Hastily Disposed of to Satisfy Potential 

Claims of Foreign Investors. ..................................................................................... 8

CONCLUSION .................................................................................................................. 10

 

Case 3:17-cv-00223-RS Document 215 Filed 09/06/17 Page 2 of 12
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KATZOFF & 

RIGGS LLP 

1500 PARK AVENUE, SUITE 300 

EMERYVILLE, CA 94608 

(510) 597-1990 

1 

INTERESTED PARTIES WOMAC PROPERTIES, INC. AND JLG ASSOCIATES, LLC’S OPPOSITION 

TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND APPOINTMENT OF RECEIVER 

 On August 23, 2017, Susan L. Uecker, receiver for the Defendants (“Receiver”), 

filed her Motion for Order (“Motion”) (1) Authorizing Sale of Personal Property of 

Central California Farms, LLC; (2) Approving Agreement with Mid-Valley Services, 

Inc.; and (3) Authorizing Retention of Broker and Listing of JL Gateway, LLC Property 

for Sale. 

 Interested parties WOMAC Properties, Inc. (“WOMAC”) and JLG Associates, 

LLC (“JLGA” and with WOMAC both collectively “Interested Parties”) respectfully 

oppose the Motion as it relates to the third request for an order authorizing the Receiver 

to retain a listing broker and listing the property of Relief Defendant JL Gateway, LLC 

(“JL Gateway”) for sale. 

 WOMAC, is the minority (25%) owner of Relief Defendant JL Gateway. 

WOMAC submits this Opposition to the third request set forth in the Motion, namely the 

proposed retention of a broker and the listing for sale of Gateway’s real property located 

at 800-900 Market Street, Oakland, California (“Property”). 

INTRODUCTION 

 At all stages in this Action WOMAC has opposed the interference of this federal 

action by the SEC with its rightful claims for compensation from defendant San 

Francisco Regional Center, LLC (“SFRC”) the other (majority) member of JL Gateway. 

In a separate state court action in Alameda County filed long before this action, WOMAC 

obtained an adjudication on the merits that SFRC owes it approximately $3.2M for a 

breach of SFRC’s promise to pay this amount that was the consideration given in 

exchange for WOMAC transferring the Property to JL Gateway and agreeing to SFRC 

Case 3:17-cv-00223-RS Document 215 Filed 09/06/17 Page 3 of 12
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KATZOFF & 

RIGGS LLP 

1500 PARK AVENUE, SUITE 300 

EMERYVILLE, CA 94608 

(510) 597-1990 

2 

INTERESTED PARTIES WOMAC PROPERTIES, INC. AND JLG ASSOCIATES, LLC’S OPPOSITION 

TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND APPOINTMENT OF RECEIVER 

becoming the majority owner of JL Gateway. At no time was JL Gateway or WOMAC 

ever affiliated with the EB-5 program. At no time did SFRC intend to use the Property to 

meet the jobs requirement for the EB-5 program. There is no evidence on the record in 

this action that SFRC ever represented to any EB-5 investors that the Property would be 

used for this purpose. 

 Since the outset of this action WOMAC has disputed the existence and extent of 

any contribution of funds from the EB-5 investors to JL Gateway and the Project, if any. 

The Receiver has not yet determined this amount and will not do so until December 2017, 

at the earliest. 

 The Property is centrally located to the residents of West Oakland and adjacent 

transportation hubs. It has long been targeted for the development of a full-service 

supermarket in the underserved West Oakland community by residents with ties to this 

area. In part for this reason the Redevelopment Agency for the City of Oakland agreed to 

transfer the Property to WOMAC. There are significant public issues affecting the future 

of the community of West Oakland involved with any sale of the Property that must be 

thoroughly vetted prior to any further transfer. Oakland government officials have 

confirmed that obtaining top dollar for any proposed sale of the Property is not the only 

interest at play. Any transfer of the Property is premature at this time, as is the formal 

listing of the Property. 

 For these reasons the Court should deny the third request in this Motion. 

Case 3:17-cv-00223-RS Document 215 Filed 09/06/17 Page 4 of 12
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KATZOFF & 

RIGGS LLP 

1500 PARK AVENUE, SUITE 300 

EMERYVILLE, CA 94608 

(510) 597-1990 

3 

INTERESTED PARTIES WOMAC PROPERTIES, INC. AND JLG ASSOCIATES, LLC’S OPPOSITION 

TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND APPOINTMENT OF RECEIVER 

STATEMENT OF FACTS 

A. Separate and Apart from Any Involvement in the EB-5 Program WOMAC 

and SFRC Entered Into A Business Relationship Involving the Property and 

WOMAC Obtains an Adjudication on the Merits that SFRC Has Breached 

its Obligations to WOMAC and That, as a Matter of Law, Judgment Should 

be Entered in Favor of WOMAC and Against SFRC for $3.2M 

 Interested Parties are plaintiffs in a lawsuit WOMAC Properties, Inc., et al. v. San 

Francisco Regional Center, LLC, et al. in September of 2015 as Alameda County 

Superior Court filed Case No. RG-15785236 (“the WOMAC Action”). The WOMAC 

Action arises out of series of transactions between WOMAC, JLGA and SFRC relating to 

the Property. The owners of WOMAC have been affiliated with the Property as 

managers and owners for decades. Their involvement with the Property is part of the 

City of Oakland Redevelopment Agency’s long-term planning for the development of the 

Property (“the Redevelopment Plan”). (See Exhibit 5 to Declaration of Stephen G. 

Preonas in Opposition to Motion for Appointment of Receiver filed herein on February 

15, 2017 as document No. 68 (“Dkt. No. 68”).) 

 In forming JL Gateway, WOMAC, JLGA and SFRC agreed that JLGA would 

transfer ownership in the Property from JLGA to JL Gateway. (Id.) On or about 

December 16, 2014 WOMAC and SFRC entered into an Amended and Restated 

Operating Agreement for JL Gateway (“the Amended Operating Agreement”) pursuant 

which SFRC was to own a 75% interest and WOMAC was to own the remaining 25% 

interest in JL Gateway. (Dkt. No. 68, ¶ 5 & Exh. 1.) On or about December 17, 2014 

SFRC executed a written promissory (“Note”) in which SFRC agreed to pay WOMAC 

$3,700,000 plus interest of three percent (3%) for the purpose of acquiring that certain 

Case 3:17-cv-00223-RS Document 215 Filed 09/06/17 Page 5 of 12
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KATZOFF & 

RIGGS LLP 

1500 PARK AVENUE, SUITE 300 

EMERYVILLE, CA 94608 

(510) 597-1990 

4 

INTERESTED PARTIES WOMAC PROPERTIES, INC. AND JLG ASSOCIATES, LLC’S OPPOSITION 

TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND APPOINTMENT OF RECEIVER 

real property known as 800-900 Market, Oakland, California (“Property”).” (Id., Exh. 1.) 

At no point did SFRC, JL Gateway or any party transfer any cash in consideration for the 

transfer of the Property from JLGA to JL Gateway. At no point did SFRC make any 

capital contribution to JL Gateway to obtain its 75% interest in this relief defendant. JL 

Gateway obtained conventional financing from a commercial lender at the time of the 

transfer of the Property. (Dkt. No. 68, ¶ 6 & Exh. 2.) 

 On December 18, 2014 JLGA transferred ownership in the Property from JLGA to 

JL Gateway. (Dkt. No. 68, ¶ 6.) After SFRC failed to make any of the payments 

required by the Note WOMAC and JLGA filed the WOMAC Action in September 2015. 

This action alleged a breach of the Note and fraud it is execution. WOMAC sought and 

obtained a prejudgment writ of attachment. (Dkt. No. 68, ¶ 7 & Exh. 3.) 

 The parties conducted discovery and then WOMAC moved for summary 

adjudication on its first cause of action for breach of the Note. On October 25, 2016 the 

court entered an order granting WOMAC summary adjudication of its cause of action for 

breach of the Note in the amount of $3,781,091.67. (Dkt. No. 68 ¶ 8 & Exh. 4.) The 

Interested Parties’ claim for fraud against SFRC and Henderson remain and will be set 

for trial later in 2017. 

 In obtaining the order appointing a receiver the SEC failed to support with 

sufficient evidence or law the extension of the request to JL Gateway, the Property and 

the WOMAC Action. The SEC confirms that JL Gateway did not use any funds of 

defendant West Oakland Marketplace, L.P. (“West Oakland LP”), the investment entity 

allegedly used by SFRC use to defraud its foreign investors, to purchase a shopping 

Case 3:17-cv-00223-RS Document 215 Filed 09/06/17 Page 6 of 12
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KATZOFF & 

RIGGS LLP 

1500 PARK AVENUE, SUITE 300 

EMERYVILLE, CA 94608 

(510) 597-1990 

5 

INTERESTED PARTIES WOMAC PROPERTIES, INC. AND JLG ASSOCIATES, LLC’S OPPOSITION 

TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND APPOINTMENT OF RECEIVER 

center in West Oakland (“the Property”) that is the only asset of JL Gateway. West 

Oakland LP was not even formed until after JL Gateway became the owner of the 

Property and that JL Gateway obtained a conventional $7M loan from a commercial 

lender in connection with the transfer. 

B. The Property Bears No Meaningful Similarity to the Other EB-5 Investment 

Properties Under Receivership in This Action Relating and the Receiver Not 

Yet Substantiated or Quantified Any EB-5 Investment Funds Contributed to 

JL Gateway or the Property. 

 This action filed by the SEC in January 2017 bears no meaningful similarity to the 

WOMAC Action, JL Gateway or the Property. In fact, the SEC’s Complaint 

demonstrates the absence of any true connection between JL Gateway and the Property 

and the alleged defrauding of the EB-5 investors in the “West Oakland Plaza EB-5 

project.” The Complaint states that “the limited partnership for that Project was not even 

formed until January 2015 – a month after the purchase of the property – and the first 

investor funds were not received until November 2015.” (Dkt. No. 1, ¶ 47.) These 

statements wholly contradict the illogical conclusion in the same complaint that 

Henderson “used investor funds from two EB-5 Projects towards the purchase of the 

property.” 

 The evidence that the SEC submitted to support the appointment of the Receiver 

failed to establish any substantial nexus between EB-5 investment funds and JL Gateway 

and the Project. (Dkt. No. 10, p. 6; Dkt. No. 24 at Exh. 57 to the Chen Decl., ¶ 53) The 

same evidence completely contradicted the SEC’s implausible, time shifting theory 

alleged in the Complaint that $150,000 from West Oakland Plaza L.P., formed in 2015, 

was used to purchase the Property in December of 2014. The closing statement attached 

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KATZOFF & 

RIGGS LLP 

1500 PARK AVENUE, SUITE 300 

EMERYVILLE, CA 94608 

(510) 597-1990 

6 

INTERESTED PARTIES WOMAC PROPERTIES, INC. AND JLG ASSOCIATES, LLC’S OPPOSITION 

TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND APPOINTMENT OF RECEIVER 

as Exhibit 57 to the Chen Declaration is a Borrower’s Estimated Closing Statement for a 

$6,945,000 loan from a commercial lender, Thorofare Asset Based Lending Fund III, 

L.P., (“Thorofare”) to JL Gateway and to be secured by the Property.1 This loan for the 

commercial lender is bona fide and completely separate from any theoretical contribution 

from EB-5 investors relating to the transfer of the Property to JL Gateway. 

 It is misleading for the SEC to characterize this document as indicating a 

contribution to by investors towards the purchase of the Property, as it did in the motion 

to appoint the Receiver. (Dkt. No. 10, p. 6; Dkt. No. 24 at Exh. 57 to the Chen Decl., ¶ 

53) Rather, such as suggestion merely restates the general allegation in the Compliant 

that the EB-5 investors contributed $150,000 to the purchase of the Property. At no point 

has the SEC substantiated this allegation and the Receiver will not be able to confirm or 

deny this until December 2017 at the earliest. (Declaration of Kenneth S. Katzoff in 

Support of Opposition to Motion for Order Authorizing Retention of Broker and Listing 

of Property for Sale (“Katzoff Decl.”), ¶ 8.) 

C. Additional Time is Needed for the City of Oakland to Consider its Important 

Public Development Goals Regarding the Property Which Include Significant 

Community Interests That are Distinct From Financial Considerations 

 In connection with this Motion representatives of WOMAC have met with a 

representative with the City of Oakland (“the City”) who confirmed the City’s 

commitment to the development of the Property with important community goals in 

mind, including the creation of a long awaited grocery store. (Katzoff Decl., ¶ 5 – 7.) 

 

1 On January 27, 2017 Thorofare filed a lawsuit against JL Gateway in Alameda County 

Superior Court as Case No. RG-17-847232 

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KATZOFF & 

RIGGS LLP 

1500 PARK AVENUE, SUITE 300 

EMERYVILLE, CA 94608 

(510) 597-1990 

7 

INTERESTED PARTIES WOMAC PROPERTIES, INC. AND JLG ASSOCIATES, LLC’S OPPOSITION 

TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND APPOINTMENT OF RECEIVER 

ARGUMENT 

A. Sale of the Property Will Impermissibly Prejudice WOMAC and Will 

Further Defendants’ Fraudulent Acts 

 The interests of defendant SFRC and defendant Thomas M. Henderson 

(“Henderson” and with SFRC, both “Defendants”) in the JL Gateway, which holds title 

to the Property, are currently being contested in in the WOMAC Action. The Plaintiffs in 

that case, including WOMAC, allege that SFRC acquired its interest in JL Gateway 

through the unlawful intentional misrepresentations of Henderson and SFRC. But for 

Defendants’ fraudulently obtained interests in JL Gateway, Defendants would not exert 

any control over the Property and, upon further prosecution of the State Court action, the 

Plaintiffs will recover complete possession of the Property. 

 Sale of the Property, now, to satisfy Defendants’ creditors before even establishing 

what lawful interest Defendants have in the Property, if any, both punitively prejudices 

the Plaintiffs in that case and creates a potential multiplicity of actions as those Plaintiffs 

may subsequently be compelled to seek redress against Defendants’ creditors. Because 

Defendants do not lawfully control the Property, any action by the Receiver to sell the 

Property to satisfy Defendants’ debt is both a windfall to Defendants and in furtherance 

of Defendants’ fraudulent acts. 

B. The Receiver’s Broker Opinion Is Impermissibly Flawed and Will Not 

Adequately Value the Property to WOMAC’s & the Public’s Detriment 

 The Broker Opinion of Value obtained by the Receiver from Colliers International 

inappropriately discounts the value of the Property, stating that a planned grocery store 

on the five-acre site “reduces the stabilized value” of the Property because of a deed 

restriction which the City “has shown no flexibility” on waiving. (Declaration of Susan 

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KATZOFF & 

RIGGS LLP 

1500 PARK AVENUE, SUITE 300 

EMERYVILLE, CA 94608 

(510) 597-1990 

8 

INTERESTED PARTIES WOMAC PROPERTIES, INC. AND JLG ASSOCIATES, LLC’S OPPOSITION 

TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND APPOINTMENT OF RECEIVER 

L. Uecker filed in support of the Motion, at Exhibit E (“Broker Opinion”), p. 4). The 

Broker Opinion cites the City’s demand for $500,000 in damages for the failure to 

establish a grocery store on the Property as evidence in support of this assertion. (Id.). 

 In fact, a bustling grocery store on the ground level of a mixed-use building, like 

the one planned, is commonly used in the real estate world as an “anchor tenant” to 

attract both satellite commercial uses and users to a project where visitors can enjoy a 

“one-stop shop” experience. (Katzoff Decl., ¶ 6). As such, the grocery store concept 

should be listed as an asset, not a liability in the Broker Opinion. The Broker Opinion is 

further flawed because it materially misstates the City’s position vis-à-vis the Property. 

The City Attorney’s Office has indicated that it will hold any damages claim relating to 

the grocery store development in abeyance and will work creatively with the owners of to 

enable a viable and dynamic mixed-use development. (Katzoff Decl., ¶5.) 

 The Receiver’s reliance on the impermissibly flawed Broker Opinion will not 

adequately value the Property and WOMAC and the public generally will be prejudiced. 

C. The Property Is a Unique Community Asset for the West Oakland 

Community That Should Not Be Hastily Disposed of to Satisfy Potential 

Claims of Foreign Investors. 

 There is a “universal presumption that real property is unique, and that its loss is 

not compensable in money damages.” (Campbell v. Superior Court (2005) 132 

Cal.App.4th 904, 917.). Where “a party seeks title to property, or some other interest 

dependent upon the uniqueness of a particular parcel of property, the party cannot 

ordinarily be made whole by money alone.” (Id. at 918; Civil Code § 3387 (“It is to be 

presumed that the breach of an agreement to transfer real property cannot be adequately 

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KATZOFF & 

RIGGS LLP 

1500 PARK AVENUE, SUITE 300 

EMERYVILLE, CA 94608 

(510) 597-1990 

9 

INTERESTED PARTIES WOMAC PROPERTIES, INC. AND JLG ASSOCIATES, LLC’S OPPOSITION 

TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND APPOINTMENT OF RECEIVER 

relieved by pecuniary compensation”). The Property at issue here is particularly unique. 

For decades, people in the low-income, racially diverse West Oakland community have 

been striving to develop the Property with grocery store uses for the benefit of the 

community. (Katzoff Decl. ¶ 4 – 8.) 

 Significantly, the City’s good will and willingness to work creatively on 

redevelopment of the Property is, at least in part, linked with the involvement of 

WOMAC, a nonprofit public benefit corporation with its principal place of business in 

the City. (Katzoff Decl., ¶5.) WOMAC, which stands for the “West Oakland Marketplace 

Advancement Company,” has been an integral part of the West Oakland community, 

struggling for decades to develop a “food oasis” at the Property in the middle of the “food 

desert” of West Oakland. (Katzoff Decl., ¶7.) The conveyance of the Property, as 

planned by the Receiver, at a fire sale auction to an unsophisticated party looking to 

“flip” the Property in order to satisfy unresolved claims of wealthy foreign investors will 

both frustrate future development plans for the Property and freeze out the members of 

the West Oakland community who have worked so hard to bring their grocery store 

vision to fruition. 

D. The Court Should Defer Any Action to Sell the Property Pending a Final 

Audit of Defendants’ Assets Is Due in December of 2017 

 It is expected that a final audit of the Defendants assets will be completed by 

December 2017. Moving forward now with a sale of the Property pursuant to the 

Receiver’s plan before the audit can be completed, both prejudices WOMAC and other 

creditors and makes dangerous and hasty assumptions about Defendants’ owner interests 

and assets before such interests and assets can be properly verified. While of course there 

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KATZOFF & 

RIGGS LLP 

1500 PARK AVENUE, SUITE 300 

EMERYVILLE, CA 94608 

(510) 597-1990 

10 

INTERESTED PARTIES WOMAC PROPERTIES, INC. AND JLG ASSOCIATES, LLC’S OPPOSITION 

TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND APPOINTMENT OF RECEIVER 

is the possibility that sales price will decrease in 2018 there is also a possibility of an 

increase. The ordinary fluctuation of the real estate market should not influence the 

Court’s decision here. 

CONCLUSION 

 For the foregoing reasons, Interested Parties respectfully request that this Court 

not authorize the Receiver to retain a broker and list the Property for sale. 

Date: September 6, 2017 

 

 KATZOFF & RIGGS LLP 

 _/s/________________________ 

 KENNETH S. KATZOFF 

 Attorneys for Interested Parties 

 WOMAC PROPERTIES, INC. and 

 JLG ASSOCIATES, LLC 

Case 3:17-cv-00223-RS Document 215 Filed 09/06/17 Page 12 of 12