3ORAL ARGUMENT1/24/2012(713) 225-5800CORNERSTONE DOCUMENTS & REPORTING1
MR. CRUZ: Well, for example, Count 8 of
the Master Individual Complaint, which is at Joint
Appendix 312, it's a civil conspiracy claim. That civil
conspiracy claim, the Plaintiffs pleaded a civil
conspiracy among all -- all the Defendants specified
included Mericle, and they go on to say that Mericle and
the others --
JUDGE RENDELL: Sorry, you are at 312?
I -- maybe I just pulled the wrong section, but I have
A42. Starting at A42?
JUDGE SMITH: This is Count 8, the civil
MR. CRUZ: Yes, Count 8, civil --
JUDGE SMITH: A312?
MR. CRUZ: Yes.
JUDGE RENDELL: Okay.
MR. CRUZ: Yes, A312. There what they
allege is that the parties paid bribes/kickbacks. Now,
that's contrary to the colloquy, and what the federal
prosecutor said, but we're going to assume the facts are
true in the Complaint.
JUDGE SMITH: How do you -- how do you
conspire negligently, if that is the count that you are
referring to, Count 8 civil conspiracy?
MR. CRUZ: Because what the Complaint
Case: 10-3887 Document: 003110787264 Page: 3 Date Filed: 01/24/2012