[00:00:01] Speaker 01: and United States of America Ex-Relator Adventist Health, the United States versus AvV Inc. [00:00:11] Speaker 01: 24-2180. [00:00:13] Speaker 01: So maybe, yeah, I want to make a record on this and my understanding is it would be council, okay, who's at the podium right now? [00:00:27] Speaker 01: Your Honor is Scott simmer on behalf of Adventist health all right and All right my understanding though the person that is not well is on The other side no she's my co-counsel. [00:00:42] Speaker 01: She's your co-counsel Okay, so I guess we start it sounds like there's and a total emergency the person's in the hospital right now and so It's not I don't take these things lightly and we certainly hope that [00:00:57] Speaker 01: We wish for a speedy recovery as far as that goes. [00:01:01] Speaker 01: So we've got a number of options. [00:01:04] Speaker 01: I know we also have here what the United States is here as amicus and they're arguing and you've traveled from Washington DC, is that correct? [00:01:15] Speaker 01: Okay, and then we've got defendant appellees and we have, who do we have here for that? [00:01:25] Speaker 00: Morning, Your Honors. [00:01:26] Speaker 01: Jeffrey Buchholz for Defendants at Police. [00:01:29] Speaker 01: And you came from Washington, too, right? [00:01:31] Speaker 01: Your Honor. [00:01:32] Speaker 01: OK. [00:01:32] Speaker 01: So I know people have traveled. [00:01:35] Speaker 01: And the court determines it is an actual emergency. [00:01:40] Speaker 01: But then I want to ask for Adventis. [00:01:44] Speaker 01: Adventis, since it's co-counsel, are you prepared to go ahead? [00:01:51] Speaker 00: Unfortunately not. [00:01:52] Speaker 00: This just arose half an hour ago, so I'm not prepared to argue this case. [00:01:56] Speaker 01: Well, but sometimes people are prepared. [00:01:59] Speaker 01: I would say like if it were a moot court final, what would you do? [00:02:02] Speaker 01: Would you be ready to step in? [00:02:04] Speaker 01: Or you also have the government arguing, and I don't know if you would be prepared to have the government make your argument because it seems that they're fairly aligned with you. [00:02:13] Speaker 00: On only one issue, however, there are other issues that they didn't file their amici on that I'm assuming they're not prepared to argue on those. [00:02:24] Speaker 01: All right. [00:02:24] Speaker 01: So let me I've conferred not about necessarily about the case at this point, but I've conferred with judges to sign to all but on this. [00:02:34] Speaker 01: Now, obviously, I know I have seasoned counsel here, and you all know that we don't have to have our oral argument. [00:02:43] Speaker 01: It's our decision. [00:02:45] Speaker 01: We recognize. [00:02:46] Speaker 01: And so by virtue of that, it's not a right that anyone has. [00:02:50] Speaker 01: We can make that determination. [00:02:52] Speaker 01: So what we're going to propose at this point, since apparently if we were ready to go ahead on any level, I would say we would go ahead, just because everyone's here. [00:03:04] Speaker 01: We're going to conference after on the merits of the case and if we believe at that point that we don't think additional oral argument would be necessary for us to decide the case because I'm sure that you all know that we're fully up to speed at this point. [00:03:20] Speaker 01: We've read everything that's submitted. [00:03:22] Speaker 01: We're ready to go forward and we would conference anyway. [00:03:26] Speaker 01: If we feel that we can decide it without any additional argument, we'll submit it on the briefs and then we will [00:03:34] Speaker 01: We will issue a decision. [00:03:37] Speaker 01: If we feel after we conference today that we think that oral argument would, that the point of oral argument is to assist us in our deliberative process, even though I know advocates always want to have oral argument, but it's really, it's do we need that? [00:03:55] Speaker 01: And our proposal at that point, if after we conference we feel that we need oral argument, we'll schedule it remotely. [00:04:04] Speaker 01: So we'll notify the parties on that. [00:04:07] Speaker 01: Is there anyone that wanted to? [00:04:10] Speaker 00: You can object, but... Just as an alternative, Your Honor, and I won't know about this for a few more hours, Ms. [00:04:18] Speaker 00: Dorsey's at the hospital right now. [00:04:20] Speaker 00: She said that she might be, you know, released to be able to argue the case tomorrow. [00:04:24] Speaker 00: If the case could be fit into the court's calendar, we know the panel is sitting tomorrow as well. [00:04:30] Speaker 01: We aren't sitting tomorrow. [00:04:32] Speaker 01: We are not sitting tomorrow. [00:04:34] Speaker 01: And in fact, I know that everyone has airplanes and all of that they're leaving this afternoon. [00:04:42] Speaker 01: So I think that would not be it would not be a viable option. [00:04:47] Speaker 01: at this point. [00:04:50] Speaker 01: We do decide cases without oral argument. [00:04:54] Speaker 01: I know that that's shocking to the lawyers, and we have the right to do that. [00:04:59] Speaker 01: But on the other hand, if we feel that we need it, we're going to do what we need to do in order to decide the case fairly to all of the parties. [00:05:08] Speaker 01: So that's where we are at this point. [00:05:14] Speaker 01: Since I don't think that proposal [00:05:17] Speaker 01: Works then we won't have argument today, and I will know we will notify the clerk After if we're submitting what we're you know how we're proceeding. [00:05:31] Speaker 01: We'll let you know okay? [00:05:33] Speaker 01: Is that acceptable? [00:05:36] Speaker 01: Thank you, and please give your your co-counsel our [00:05:40] Speaker 01: You know deepest concerns, and she's in our thoughts and prayers for a speedy recovery, and we know that you know it's obvious You know surprisingly I know this will be shocking to all of you that I don't always accept that people are sick that Sometimes it's sort of like when your children tell you they're sick, and they don't want to go to school That your co-counsel were we're truly concerned for that and we know that it's a we know that it's an emergency And we know that no one had any intention [00:06:10] Speaker 01: to cause any difficulties for anyone, and I'm sorry that, you know, I'm sorry, we're sorry, and we wish for a speedy recovery. [00:06:19] Speaker 00: Thank you. [00:06:21] Speaker 01: Thank you.