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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION HONORABLE OTIS D. WRIGHT

UNITED STATES DISTRICT JUDGE PRESIDING

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David Eng,
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) ) ) VS. ) ) County of Los Angeles, ) DEFENDANT, ) ___________________________________) PLAINTIFF,

NO. CV 05-2686 ODW

REPORTER'S TRANSCRIPT OF PROCEEDINGS LOS ANGELES, CALIFORNIA MONDAY, APRIL 4, 2011

_____________________________________ KATIE E. THIBODEAUX, CSR 9858 U.S. Official Court Reporter 312 North Spring Street, #436 Los Angeles, California 90012

UNITED STATES DISTRICT COURT,

CENTRAL DISTRICT OF CALIFORNIA

2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES OF COUNSEL:

FOR PLAINTIFF:
BENSINGER, RITT, TAI & THVEDT

BY: D. JAY RITT 65 North Raymond Avenue Suite 320 Pasadena, CA 91103

FOR DEFENDANTS: BALLARD, ROSENBERG, GOLPER & SAVITT, LLP BY: LINDA MILLER SAVITT -and- JOHN J. MANIER 500 North Brand Boulevard Twentieth Floor Glendale, CA 91203

UNITED STATES DISTRICT COURT,

CENTRAL DISTRICT OF CALIFORNIA

3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LOS ANGELES, CALIFORNIA; MONDAY, APRIL 4, 2011 3:02 P.M.. - - - - -

THE CLERK:

Calling Item Number 6, Civil Matter

CV 05-2686, David Eng versus County of Los Angeles. Counsel, please state your appearances for the record. MR. RITT: Good afternoon, your Honor. Jay Ritt

for plaintiff David Eng who is present in court today. THE COURT: MS. SAVITT: Mr. Ritt, Mr. Eng, good afternoon. Afternoon, your Honor. Linda Savitt

on behalf of the individual defendants, and with me here today is John Manier from my office and Sharon Matsumoto, an assistant deputy district attorney, representing the individual defendants. THE COURT: afternoon. All right. morning. We got an e-mail message this Ms. Savitt, Mr. Manier, Ms. Matsumoto,

I guess it was from you, Mr. Ritt. Yes, your Honor. Indicating that the parties had

MR. RITT: THE COURT:

reached a settlement and that settlement is conditioned upon approval by the claims department of LA County. UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

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MR. RITT:

That is my understanding from Mr. Manier has assured me that

Ms. Savitt, your Honor.

he believes it is a formality and that there should be no problem. So we are asking the court to set an OSC, move everything for a month to give us enough time to get that approval and everything documented. And I don't think it

should take more than two weeks; is that right? MS. SAVITT: Well, when I spoke to Mr. Ritt last

night I said I was hoping two weeks so today the first claims review board meeting that is scheduled is April 18th, and we are going to try to get on that agenda. It may already be filled. My clients are part

of a bureaucracy, but I do think it is probably a formality. THE COURT: THE CLERK: THE COURT: telephonic. All right. May 2nd at 3:00 p.m. dismissal. We are going to set an OSC for It will be telephonic only, OSC re Okay. Give me a date a month out.

May 2nd, Monday, your Honor, at -Okay. Let's make it 3:00 p.m.,

If, indeed, you have reached a resolution of

this case prior to that date, please let us know and file your dismissal with the Court. MR. RITT: I will, your Honor. CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT,

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THE COURT:

All right.

What I need to know now,

Mr. Eng, is whether or not terms have been proposed to you that are acceptable to you in order to settle your lawsuit that is pending here in this court. MR. ENG: The only thing that has been represented

to me is a figure, a monetary amount, but no other terms and conditions have been expressed to me. THE COURT: My question is whether or not,

whatever those terms are, whether or not they are satisfactory to you to the point where you would be willing to settle this case and dismiss your lawsuit. MR. ENG: May I have just a moment with counsel.

Just -- I don't know if there is any additional terms that are going -- I haven't seen a written agreement or even a draft of a written agreement, but I just want to make sure that there is nothing that I am leaving on the table. MS. SAVITT: address that. Your Honor, perhaps I could just We would ask

There is a monetary amount.

for the standard language like Civil Code Section 1542 release, I would ask that Mr. Eng keep it confidential. We, as a public entity, probably cannot, but to the extent permissible by law, he is going to remain employed. There is no term or trick about that, and it

is just basically the standard release language. UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

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THE COURT:

The other thing I would like to know

is whether or not -- there was an outstanding issue with respect to one of the hearings before the commission that pay that had been withheld was to have been restored, and I understand that never happened. I want to know whether

or not this settlement also embraces or incorporates that outstanding issue. MS. SAVITT: while ago. THE COURT: Okay. All right. Your Honor, that was fixed quite a

So, Mr. Eng, would -- the purpose of this is to place on the record the fact that the parties have reached an agreement to settle and resolve this lawsuit, the only contingent being approval of the public entity to the terms of the settlement. Now, of course, if the public entity withholds its approval, then we go forward with the trial, and my question to you is whether or not, subject to that contingency, whether or not you consent to the settlement. And I suppose the best way to do this thing

is you need to recite what your understanding is in terms of the settlement in this case. have a meeting of the minds. MR. ENG: Understood, your Honor. I believe that Otherwise, we may not

with the approval of the claims division of the county of UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

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the amount that has been discussed that this will settle this lawsuit and all claims that have been presented to this court by and between the parties. THE COURT: Okay. All right. All right. So

because the devil is always in the details, I am going to ask that, forthwith, the parties begin exchanging and modifying, correcting, amending a standard settlement agreement and release of claims because that always appears to be where the breakdown occurs, not in the amount of money but in that settlement agreement. So let's get moving on that because I fear that that is where the problem is going to be, not with L.A. County's claim department. If there is a problem, I

would like to know about it sooner rather than later, but, as of right now, the trial set for tomorrow is advanced and continued to -- what day is the second of May? That is Monday. It is continued to May 3rd at

9:00 a.m. Okay. with? MR. RITT: I don't believe so, your Honor. Can't think of anything. All right. Ms. Matsumoto, the purpose Is there anything else we need to deal

MS. SAVITT: THE COURT:

of you being here is to confirm that the agreement discussed between the parties is satisfactory to the UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

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county? MS. MATSUMOTO: THE COURT: Thank you all. MR. RITT: Thank you, your Honor. Thank you. It is, your Honor. Excellent. All right.

All right.

MS. SAVITT:

(Proceedings concluded.)

UNITED STATES DISTRICT COURT,

CENTRAL DISTRICT OF CALIFORNIA

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CERTIFICATE

I hereby certify that pursuant to Section 753, Title 28, United States Code, the foregoing is a true and correct transcript of the stenographically reported proceedings held in the above-entitled matter and that the transcript page format is in conformance with the regulations of the Judicial Conference of the United States. Date: April 11, 2011

/s/ Katie Thibodeaux, CSR No. 9858, RPR, CRR

UNITED STATES DISTRICT COURT,

CENTRAL DISTRICT OF CALIFORNIA