Name: Weiner v. Tivity Health, Inc. :: Tennessee Middle District Court :: Federal Civil Lawsuit No. 3:17-cv-01469, Judge Waverly D. Crenshaw Jr presiding
Creator: Tennessee Middle District Court
Published: 2017-11-20
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Tennessee Middle District Court

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184	Filed: 10/3/2022, Entered: None	Order on Motion for Miscellaneous Relief

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181	Filed: 9/29/2022, Entered: None	Miscellaneous Relief

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178	Filed: 10/7/2021, Entered: None	Judgment

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177	Filed: 10/7/2021, Entered: None	Order

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176	Filed: 10/7/2021, Entered: None	Order

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170	Filed: 9/13/2021, Entered: None	Attorney Fees

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168	Filed: 9/13/2021, Entered: None	Miscellaneous Relief

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37	Filed: 6/27/2018, Entered: None	Order on Motion to continue
	ORDER granting 36 Motion to Continue. The parties shall move to reset the initial case management conference within seven days of the Court's order on the motion to dismiss. Signed by Magistrate Judge Alistair Newbern on 6/27/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 06/28/2018)
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31	Filed: 4/12/2018, Entered: None	Unknown Document Type
	ORDER granting 30 Motion for Christina D. Saler to Appear Pro Hac Vice. Signed by Magistrate Judge Alistair Newbern on 4/12/18. (gb) (Entered: 04/13/2018)
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12	Filed: 12/19/2017, Entered: None	Unknown Document Type
	STIPULATION AND ORDER: Within 5 business days after appointment of Lead Plaintiff in this action or in the consolidated action, as applicable, pursuant to the Reform Act, the parties shall file a proposed schedule regarding the filing of an amended complaint and the response thereto. Signed by Magistrate Judge Alistair Newbern on 12/19/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) (Entered: 12/20/2017)
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	Filed: 6/15/2018, Entered: None	Unknown Document Type
	VA State Bar status verified as active for Elizabeth Aniskevich. (gb)
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	Filed: 6/5/2018, Entered: None	Unknown Document Type
	NOTICE TO COUNSEL Elizabeth Aniskevich: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $100.00 (LR 83.01(d)). PHV due by 6/26/2018. (gb)
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	Filed: 4/11/2018, Entered: None	Unknown Document Type
	PA State Bar status verified as active for Christina D. Saler. (gb)
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	Filed: 2/1/2018, Entered: None	Unknown Document Type
	DC Bar status verified as active for Steven J. Toll and Times Wang. (gb)
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	Filed: 1/24/2018, Entered: None	Unknown Document Type
	TN State Bar status verified as active for James Gerard Stranch, IV and Benjamin A. Gastel. (gb)
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	Filed: 12/20/2017, Entered: None	Unknown Document Type
	GA State Bar status verified as active for Jessica Perry Corley and Lisa R. Bugni. (gb)
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	Filed: 12/19/2017, Entered: None	Unknown Document Type
	TN State Bar status verified as active for Wallace Wordsworth Dietz and Joseph B. Crace, Jr. (gb)
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	Filed: 11/21/2017, Entered: None	Unknown Document Type
	TN State Bar status verified as active for James A. Holifield, Jr. and NY State Bar status verified as active for Eduard Korsinsky. (gb)
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	Filed: 11/21/2017, Entered: None	Unknown Document Type
	NOTICE TO COUNSEL Eduard Korsinsky: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $75.00 (LR 83.01(d)). PHV due by 12/12/2017. (gb)
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	Filed: 7/7/2021, Entered: 7/7/2021
	TN State Bar status verified as active for Briana T. Sprick Schuster admitted to this court. (mg)


167	Filed: 7/6/2021, Entered: 7/6/2021
	NOTICE of Appearance by Briana T. Sprick Schuster on behalf of D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4 (Sprick Schuster, Briana)
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166	Filed: 6/21/2021, Entered: 6/21/2021
	ORDER: Attorney Wallace W. Dietz has withdrawn from representing the defendant in this case (Doc. No. 163 ). The Clerk's Office is DIRECTED to terminate Dietz as an attorney to be noticed in the Courts docket. Signed by Magistrate Judge Alistair Newbern on 6/21/2021. (mg)
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165	Filed: 6/21/2021, Entered: 6/21/2021
	ORDER granting 164 Motion to Amend the Preliminary Approval Order. Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/21/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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164	Filed: 6/18/2021, Entered: 6/18/2021
	Unopposed MOTION to Amend/Correct 162 Order,, Set Hearings, by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Attachment Proposed Order)(Gastel, Benjamin)
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163	Filed: 6/18/2021, Entered: 6/18/2021
	NOTICE by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4 Notice of Withdrawal (Dietz, Wallace)
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162	Filed: 6/15/2021, Entered: 6/15/2021
	ORDER (Preliminary Approval of Class Action Settlement and Agreement of Settlement): The Court will hold a hearing (the "Settlement Hearing")on October 4, 2021, at 4:00 p.m. Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/15/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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161	Filed: 6/10/2021, Entered: 6/10/2021
	STIPULATION re 159 Unopposed MOTION for Settlement Preliminary Approval of Class Action Settlement and Agreement of Settlement by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Exhibit A - Proposed Order re Preliminary Approval, # 2 Exhibit A-1 - Long-Form Notice, # 3 Exhibit A-2 - Proof of Claim Form, # 4 Exhibit A-3 - Short-Form Notice, # 5 Exhibit B - Proposed Order re Final Approval)(Gastel, Benjamin)
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160	Filed: 6/10/2021, Entered: 6/10/2021
	MEMORANDUM in Support of 159 Unopposed MOTION for Settlement Preliminary Approval of Class Action Settlement filed by Oklahoma Firefighters Pension and Retirement System . (Gastel, Benjamin)
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159	Filed: 6/10/2021, Entered: 6/10/2021
	Unopposed MOTION for Settlement Preliminary Approval of Class Action Settlement by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
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158	Filed: 4/27/2021, Entered: 4/27/2021
	ORDER: The parties have filed a Joint Notice of Settlement and Motion to Vacate Deadlines (Doc. No. 157 ). The motion is GRANTED. Accordingly, the parties shall file a Stipulation of Settlement and Motion for Preliminary Approval of Settlement by June 10, 2021. The pretrial conference set for May 10, 2021, and the trial set for May 18, 2021, are hereby CANCELLED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/27/2021. (mg)
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157	Filed: 4/24/2021, Entered: 4/24/2021
	NOTICE of Settlement and Motion to Vacate Deadlines by Oklahoma Firefighters Pension and Retirement System (Gastel, Benjamin)
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156	Filed: 4/21/2021, Entered: 4/21/2021
	Report of Parties Regarding Mediation Efforts by Oklahoma Firefighters Pension and Retirement System(Gastel, Benjamin)
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155	Filed: 4/21/2021, Entered: 4/21/2021
	STIPULATION Regarding Certain Trial Matters by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Dietz, Wallace)
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154	Filed: 4/19/2021, Entered: 4/19/2021
	ORDER: The parties shall file a joint report on their mediation with Michelle Yoshida on April 14, 2021 by noon on April 21, 2021. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/19/2021. (mg)
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153	Filed: 4/9/2021, Entered: 4/9/2021
	NOTICE of Filing by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4 Notice of Filing of Expert Reports and Curricula Vitae (Attachments: # 1 Exhibit 1 - Expert Report of Paul Gompers dated October 8, 2019, # 2 Exhibit 2 - Expert Report of Paul Gompers dated August 31, 2020, # 3 Exhibit 3 - Gompers Curriculum Vitae, # 4 Exhibit 4 - Expert Report of Amanda Rose dated July 30, 2020, # 5 Exhibit 5 - Rebuttal Expert Report of Amanda Rose dated August 31, 2020, # 6 Exhibit 6 - Rose Curriculum Vitae)(Dietz, Wallace)
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152	Filed: 4/9/2021, Entered: 4/9/2021
	NOTICE of Filing by Oklahoma Firefighters Pension and Retirement System of Its Testifying Expert's Reports in Accordance with the Court's Preference No. 8 and Local Rule 39.01(c)(5)(C) (Attachments: # 1 Exhibit -01 -- Coffman Report, # 2 Exhibit B -- 2019-12-20 -- Coffman Rebuttal Report, # 3 Exhibit C -- 2020-07-30 -- Coffman Tivity Merits Report, # 4 Exhibit D -- 2020-09-30 -- Coffman Tivity Merits Rebuttal Report, # 5 Exhibit E -- Coffman CV Complete Testimony (updated 04-06-2021))(Gastel, Benjamin)
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151	Filed: 3/28/2021, Entered: 3/28/2021
	ORDER granting 148 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Joseph N. Akrotirianakis is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 3/28/21. (vk)


150	Filed: 3/23/2021, Entered: 3/23/2021
	ORDER: For the reasons set forth in the accompanying Memorandum Opinion 149 , the Motion to Decertify Class (Doc. No. 118 ) filed by Defendants Tivity Health Inc., BE11FE4, D0A4E52, and 34FE43F is hereby DENIED. Their Motion for Summary Judgment (Doc. No. 121 ) is also DENIED. As housekeeping matters, the Joint Motions for Leave to File Documents Under Seal (Doc. Nos. 136 , 139 ) are GRANTED. Finally, Defendants' Motion for Leave to file Excess Pages (Doc. No. 141 ) is GRANTED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/23/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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149	Filed: 3/23/2021, Entered: 3/23/2021
	MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/23/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)


	Filed: 3/15/2021, Entered: 3/15/2021
	CA State Bar status verified as active for Joseph Akrotirianakis not admitted to this court - Local counsel secured. (mg)


148	Filed: 3/12/2021, Entered: 3/12/2021
	MOTION for attorney Joseph N. Akrotirianakis to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3330787) by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Attachments: # 1 Attachment - Certificate of Good Standing)(Dietz, Wallace)
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147	Filed: 3/5/2021, Entered: 3/8/2021
	ORDER: The parties are ORDERED to file an updated joint case resolution status report by April 21, 2021. Signed by Magistrate Judge Alistair Newbern on 3/5/2021. (mg)
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146	Filed: 3/5/2021, Entered: 3/5/2021
	JOINT MEDIATION REPORT (Supplement) filed by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
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145	Filed: 3/3/2021, Entered: 3/3/2021
	NOTICE of Filing by Oklahoma Firefighters Pension and Retirement System re 138 Response in Opposition to Motion, Supplement and Update to its Memorandum of Law in Opposition to Defendants' Motion to Decertify the Class (Attachments: # 1 Exhibit -01 - Weekly Summary Report)(Gastel, Benjamin) Modified on 3/4/2021 (mg).
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144	Filed: 2/24/2021, Entered: 2/24/2021
	REPLY to Response to re 118 MOTION to Decertify the Class filed by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Dietz, Wallace)
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143	Filed: 2/17/2021, Entered: 2/17/2021
	RESPONSE filed by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4 re 135 Statement of facts, filed by Oklahoma Firefighters Pension and Retirement System . (Dietz, Wallace) Modified on 2/23/2021 (mg).
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142	Filed: 2/17/2021, Entered: 2/17/2021
	REPLY to Response to re 121 MOTION for Summary Judgment filed by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Attachments: # 1 Exhibit 62 - BE11FE4 Deposition Excerpts, # 2 Exhibit 63 - Janicak Deposition Excerpts, # 3 Exhibit 64 - Healthways Form 10-K for fiscal year ended December 31, 2015, # 4 Exhibit 65 - Coffman Deposition Excerpts)(Dietz, Wallace)
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141	Filed: 2/1/2021, Entered: 2/1/2021
	MOTION for Leave to File Excess Pages by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Attachments: # 1 Attachment - Proposed Order)(Dietz, Wallace)
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140	Filed: 1/26/2021, Entered: 1/26/2021
	Sealed Document filed by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)


139	Filed: 1/26/2021, Entered: 1/26/2021
	Joint MOTION for Leave to File Document Under Seal An Exhibit to Plaintiff's Response in Opposition to Defendants' Motion to Decertify the Class by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
	Request

138	Filed: 1/26/2021, Entered: 1/26/2021
	RESPONSE in Opposition re 118 MOTION to Decertify the Class filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Exhibit 1 -- Steven Janicak Deposition excerpts, # 2 Exhibit 2 -- 2017-04-20 - Email from Stacey Eggleston re Client Updates - Janicak Depo Ex. 414 - Redacted, # 3 Exhibit 3 -- 2017-05-02 - Email from Ann Kent re Optum Intel Follow-up - Janicak Depo Ex. 418, # 4 Exhibit 4 -- 2017-05-04 - U.S. Securities and Exchanges Commission Form 10-Q, # 5 Exhibit 5 -- 2017-08-04 - U.S. Securities and Exchanges Commission Form 10-Q, # 6 Exhibit 6 -- 2017-11-03 - U.S. Securities and Exchanges Commission Form 10-Q, # 7 Exhibit 7 -- UnitedHealthcare Adds New Fitness Benenfit to Medicare Advantage Plans in NY - Glen D0A4E52 Depo Ex. 634, # 8 Exhibit 8 -- 2017-11-07 - Email from Mary Flipse re Tivity Health News Summary - 34FE43F Depo Ex. 740, # 9 Exhibit 9 -- Tivity Securities Litigation - Weekly Summary Report 1-15-2021, # 10 Exhibit 10 -- 2017-11-11 - Email from BE11FE4 re UNH Plan - 34FE43F Depo Ex. 743, # 11 Exhibit 11 -- 2017-11-06 - Email from David Styblo re UNH fitness program - 34FE43F Depo Ex. 737, # 12 Exhibit 12 -- Lord Abbett Deposition excerpts, # 13 Exhibit 13 -- UNH expands senior benefit, less confident in our TVTY estimates - 2017-11-6 - Chardan, # 14 Exhibit 14 -- Tim Noel Deposition excerpts, # 15 Exhibit 15 -- Paul Gompers Deposition excerpts, # 16 Exhibit 16 -- Don BE11FE4 Deposition excerpts, # 17 Exhibit 17 -- 2020-09-30 - Coffman Tivity Merits Rebuttal Report, # 18 Exhibit 18 -- 2019-12-20 - Coffman Rebuttal Report, # 19 Exhibit 19 -- Brett Sanford Deposition excerpts, # 20 Exhibit 20 -- Tim Noel as 30b6 Deposition excerpts, # 21 Exhibit 21 JPM and SunTrust Confidential Engagement Letters, # 22 Exhibit 22 -- 2017-06-23 - Email from Craig Smart re TVTY Managmenet Presentation Diligence List - Smart Depo Ex. 754, # 23 Exhibit 23 -- Craig Smart Deposition excerpts, # 24 Exhibit 24 -- Combined Leonard Green & Partners 13f filings, # 25 Exhibit 25 -- 2017-08-21 - Email from Jeff Pagels re Optum AARP Medicare Suppl. Program FC - 34FE43F Depo Ex. 748, # 26 Exhibit 26 -- 34FE43F Deposition excerpts, # 27 Exhibit 27 -- Chad Coffman Deposition excerpts)(Gastel, Benjamin)
	Request

137	Filed: 1/19/2021, Entered: 1/19/2021
	Sealed Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Exhibit P-5 -- 2017 Product Roadmap and Investment Priorities - D0A4E52 Depo Ex. 604, # 2 Exhibit P-18 -- UHC Contract Renewal Timeline - Caroline Khalil Depo Ex. 102, # 3 Exhibit P-22 -- 2016-12-02 -- Email from Owen Kueser re Pricing Models - D0A4E52 Depo Ex. 608, # 4 Exhibit P-23 -- 2016-12-06 -- Email from Jason Goldenburg re 2016 SSFP Renewal - D0A4E52 Depo Ex. 609, # 5 Exhibit P-33 -- Sales & Customer Update slides - GlennHargreaves Depo Ex. 603, # 6 Exhibit P-35 -- Contract Termination List - Caroline Khalil Depo Ex. 110, # 7 Exhibit P-37 -- 2016-11-09 -- Email from Stacey Eggleston re Executive Summary - Caroline Khalil Depo Ex. 112, # 8 Exhibit P-46 -- 2016-09-29 -- Email from Owen Kueser re UHC Executive Summary - Steven Janicak Depo Ex. 401, # 9 Exhibit P-47 -- 2017-01-30 -- Email from Steven Janicak re Renewal Briefing Doc - Steven Janicak Depo Ex. 408, # 10 Exhibit P-49 -- 2017-04-28 -- Email from Stacey Eggleston re AARP Amendment Offer - TIVITY0010903-904, # 11 Exhibit P-50 -- 2017-04-20 - Email from Stacey Eggleston re Client Updates - Steven Janicak Depo Ex. 414, # 12 Exhibit P-53 -- 2017-05-23 -- Email from Steve Janicak re United and AARP - Steven Janicak Depo Ex. 423, # 13 Exhibit P-54 -- 2017-05-23 -- Email from D0A4E52 re UHG Lives by Requested State - D0A4E52 Depo Ex. 616, # 14 Exhibit P-55 -- Tivity 2018 Rate - D0A4E52 Depo Ex. 618 - SEALED, # 15 Exhibit P-56 -- 2018-01-04 -- Email from 34FE43F re UHG Recapture - 34FE43F Depo Ex. 745, # 16 Exhibit P-57 -- 2017-10-25 -- Email from Eric Turner re 2018 Budge Deck - 34FE43F Depo Ex. 733, # 17 Exhibit P-58 -- 2017-11-01 -- Email from BE11FE4 re 2018 Budge Deck - AdamHolland Ex. 734, # 18 Exhibit P-65 -- May 24-25, 2017 Tivity Board Meeting Book - TIVITY0067198-67226, # 19 Exhibit P-66 -- May 2017 Board Meeting - StevenJanicak Depo Ex. 425, # 20 Exhibit P-71 -- 2017-08-23 -- Email to BE11FE4 re Janicak's additional requests - 34FE43F Depo Ex. 722, # 21 Exhibit P-73 -- 2017-08-18 -- Email from Chip Wochomurka re Scan you requested - 34FE43F Depo Ex. 721, # 22 Exhibit P-77 -- 2017-06-03 -- Email from Eric Turner re LRF Deck - D0A4E52 Depo Ex. 622, # 23 Exhibit P-78 -- 2017-06-03 -- Email from Jeff Pagels re LRF Deck - D0A4E52 Depo Ex. 623, # 24 Exhibit P-79 -- 2017-06-04 -- Email from Eric Turner re LRF Info and UHG-AARP Info - D0A4E52 Depo Ex. 624, # 25 Exhibit P-83 -- 2017-06-24 -- Email from Chip Wochomurka re Project Explorer Model - TIVITY0015426-484 - SEALED, # 26 Exhibit P-85 -- 2017-10-03 -- Email from 34FE43F re Humana Pricing - AdamHolland Depo Ex. 729, # 27 Exhibit P-88 -- 2017-11-06 -- Email from Matthew DeCicco re TVTY Weakness - Matthew DeCicco Depo Ex. 15 - SEALED, # 28 Exhibit P-89 -- 2017-11-07 -- Email from Matthew DeCicco re Tivity Health Comments - Matthew DeCicco Depo Ex. 13 - SEALED, # 29 Exhibit P-99 -- Strategice Review Committee Powerpoint - BE11FE4 Depo Ex. 520)(Gastel, Benjamin)


136	Filed: 1/19/2021, Entered: 1/19/2021
	Joint MOTION to Seal Certain Exhibits to Plaintiff's Response in Opposition to Summary Judgment and Plaintiff's Statement of Disputed Material Facts by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Exhibit A - Declaration of Joseph T. Kelleher)(Gastel, Benjamin)
	Request

135	Filed: 1/19/2021, Entered: 1/19/2021
	STATEMENT of facts (Disputed) filed by Oklahoma Firefighters Pension and Retirement System in support of 133 Response in Opposition to Motion. (Attachments: # 1 Exhibit P-1 -- Deposition Transcript of Conan Laughlin, # 2 Exhibit P-2 -- Deposition Transcript of D0A4E52, # 3 Exhibit P-3 -- Tivity 2016 Form 10-K for period ending December 31, 2016, # 4 Exhibit P-4 -- Tivity 2017 Form 10-K for period ending December 31, 2017, # 5 Exhibit P-5 -- 2017 Product Roadmap and Investment Priorities - D0A4E52 Depo Ex. 604 - REDACTED, # 6 Exhibit P-6 -- Tivity Q2 2016 Form 10-Q, # 7 Exhibit P-7 -- 2016-11-01 -- Q3 2016 Healthways Inc Earnings Call, # 8 Exhibit P-8 -- 2017-02-23 -- Q4 2016 Tivity Health Inc Earnings Call, # 9 Exhibit P-9 -- Outlook Bullish Despite Complicated Results - 2016-11-2 - Barrington, # 10 Exhibit P-10 -- Transitioning Quarter; Making Headway to a Clear 2017 -- 2016-11-2 -- Oppenheimer, # 11 Exhibit P-11 -- 2017-01-24 William Blair - Highlights from Recent Travels with Management, # 12 Exhibit P-12 -- 4 Key Insights from TVTYs 4Q16 - 2017-2-23 - Jefferies, # 13 Exhibit P-13 -- Solid Quarter, Strong 2017 Guidance Support Bullish Stance - 2017-2-24 - Barrington, # 14 Exhibit P-14 -- Digital Marketing Pilots Hold Promise to Accelerate Growth - 2017-2-24 - PiperJaffray, # 15 Exhibit P-15 -- We expect Recep TIVITY; Initiate at Buy with a $35 Target - 2017-3-15 - SunTrust, # 16 Exhibit P-16 -- 2017-02-04 -- Email from BE11FE4 re TVTY Roadshow Report - D0A4E52 Depo Ex. 606, # 17 Exhibit P-17 -- Shareholders, Analysts, Investors slides - D0A4E52 Depo Ex. 605, # 18 Exhibit P-18 -- UHC Contract Renewal Timeline - Caroline Khalil Depo Ex. 102 - REDACTED, # 19 Exhibit P-19 -- Deposition Transcript of Steven Janicak, # 20 Exhibit P-20 -- Tim Noel Summary and Experience - Timothy Noel Depo Ex. 300, # 21 Exhibit P-21 -- 2017-04-27 -- Q1 2017 Tivity Health Inc Earnings Call, # 22 Exhibit P-22 -- 2016-12-02 -- Email from Owen Kueser re Pricing Models - D0A4E52 Depo Ex. 608 - REDACTED, # 23 Exhibit P-23 -- 2016-12-06 -- Email from Jason Goldenburg re 2016 SSFP Renewal - D0A4E52 Depo Ex. 609 - REDACTED, # 24 Exhibit P-24 -- Executed Amendment 14 to the Fitness Service Network Agreement, # 25 Exhibit P-25 -- Deposition Transcript of Timothy Noel, # 26 Exhibit P-26 -- 2017-04-27 -- Form 8-K - Tivity Health Reports First-Quarter 2017 Financial Results and Increases Revenue and Earnings Guidance, # 27 Exhibit P-27 -- 2020-07-30 Coffman Tivity Merits Report, # 28 Exhibit P-28 -- Great Start to the Year as Guidance Increased, Restructuring Complete, and UnitedHealth Contract Extended - 2017-4-27 - William Blair, # 29 Exhibit P-29 -- Strong Quarter; Increased 2017 Guidance; PT Now $35 - 2017-4-28 - Barrington, # 30 Exhibit P-30 -- A Beat and Raise Quarter to Kick-Off 2017 UNH Contract Renewal is Icing on the Cake - 2017-4-28 - UBS, # 31 Exhibit P-31 -- 1Q Beat, Guidance Raised And UNH Renewed - Raising Target, Buy The Stock - 2017-4-28 - SunTrust, # 32 Exhibit P-32 -- Tivity_2017-04-28_PiperJaffray_Beat & Raise, # 33 Exhibit P-33 -- Sales & Customer Update slides - GlennHargreaves Depo Ex. 603 - REDACTED, # 34 Exhibit P-34 -- 2017-05-01 -- Email from Steve Janicak re SilverSneakers - D0A4E52 Depo Ex. 612, # 35 Exhibit P-35 -- Contract Termination List - Caroline Khalil Depo Ex. 110 - REDACTED, # 36 Exhibit P-36 -- 2016-11-08 -- Email From Caroline Khalil re Product Highlights - Caroline Khalil Depo Ex. 111, # 37 Exhibit P-37 -- 2016-11-09 -- Email from Stacey Eggleston re Executive Summary - Caroline Khalil Depo Ex. 112 - REDACTED, # 38 Exhibit P-38 -- 2017-05-23 -- Email to Conan Laughlin re TVTY math - Conan Laughlin Depo Ex. 217, # 39 Exhibit P-39 -- 2017-08-21 -- Email from Caroline Khalil re Optum Examples - Timothy Noel Depo Ex. 302, # 40 Exhibit P-40 -- Deposition Transcript of UHC Rule 30(b)(6), # 41 Exhibit P-41 -- 2016-05-09 -- Email from Stacey Eggleston re Meeting Notes - Caroline Khalil Depo Ex. 103, # 42 Exhibit P-42 -- 2016-06-14 -- Email from Caroline Khalil re MI and KY plan changes - Caroline Khalil Depo Ex. 104, # 43 Exhibit P-43 -- Deposition Transcript of Caroline Khalil, # 44 Exhibit P-44 -- 2016-06-21 -- Email from Caroline Khalil re Optum Medicare Advantage Program - Caroline Khalil Depo Ex. 107, # 45 Exhibit P-45 -- 2016-09-23 -- Email from Joy Powell re UHG NJ 2017 - TIVITY0040163-165, # 46 Exhibit P-46 -- 2016-09-29 -- Email from Owen Kueser re UHC Executive Summary - Steven Janicak Depo Ex. 401 - REDACTED, # 47 Exhibit P-47 -- 2017-01-30 -- Email from Steven Janicak re Renewal Briefing Doc - Steven Janicak Depo Ex. 408 - REDACTED, # 48 Exhibit P-48 -- 2017-03-19 -- Email from Stacy Eggleston re AARP 2018 Eligible States for SSFP - TIVITY0005626-628, # 49 Exhibit P-49 -- 2017-04-28 -- Email from Stacey Eggleston re AARP Amendment Offer - TIVITY0010903-904 - REDACTED, # 50 Exhibit P-50 -- 2017-04-20 - Email from Stacey Eggleston re Client Updates - Steven Janicak Depo Ex. 414 - REDACTED, # 51 Exhibit P-51 -- 2017-05-02 -- Email from Ann Kent re Optum Intel - Steven Janicak Depo Ex. 418, # 52 Exhibit P-52 -- Tivity Q1 2017 Form 10-Q, # 53 Exhibit P-53 -- 2017-05-23 -- Email from Steve Janicak re United and AARP - Steven Janicak Depo Ex. 423 - REDACTED, # 54 Exhibit P-54 -- 2017-05-23 -- Email from D0A4E52 re UHG Lives by Requested State - D0A4E52 Depo Ex. 616 - REDACTED, # 55 Exhibit P-55 -- Tivity 2018 Rate - D0A4E52 Depo Ex. 618, # 56 Exhibit P-56 -- 2018-01-04 -- Email from 34FE43F re UHG Recapture - 34FE43F Depo Ex. 745 - REDACTED, # 57 Exhibit P-57 -- 2017-10-25 -- Email from Eric Turner re 2018 Budge Deck - 34FE43F Depo Ex. 733 - REDACTED, # 58 Exhibit P-58 -- 2017-11-01 -- Email from BE11FE4 re 2018 Budge Deck - AdamHolland Ex. 734 - REDACTED, # 59 Exhibit P-59 -- Deposition Transcript of BE11FE4, # 60 Exhibit P-60 -- BE11FE4 Resp. & Obj. to P's First Set of ROGs, # 61 Exhibit P-61 -- 2016-12-27 -- Email from Owen Kueser re Optum Strategy NJ and WA - Steven Janicak Depo Ex. 407, # 62 Exhibit P-62 -- Minutes of Board of Directors of Healthways, Inc. - TIVITY0092739-92744, # 63 Exhibit P-63 -- 2017-01-31 -- Email from Owen Kueser re UHC ELT Presentation - Steven Janicak Depo Ex. 409, # 64 Exhibit P-64-- 2017-05-02 -- Email from BE11FE4 re Risks - DonatoTramuto Depo Ex. 518, # 65 Exhibit P-65 -- May 24-25, 2017 Tivity Board Meeting Book - TIVITY0067198-67226 - REDACTED, # 66 Exhibit P-66 -- May 2017 Board Meeting - StevenJanicak Depo Ex. 425 - REDACTED, # 67 Exhibit P-67 -- 2017-05-24 -- Email from Ulya Khan re UHG Assignment - Steven Janicak Depo Ex. 427, # 68 Exhibit P-68 -- 2017-06-09 -- Email from Steve Janicak re Project Torpedo - Steven Janicak Depo Ex. 428, # 69 Exhibit P-69 -- Tivity's Resp. & Obj. to RFAs, # 70 Exhibit P-70 -- 2017-06-15 -- Email from Steve Janicak re Project Torpedo - Steven Janicak Depo Ex. 429, # 71 Exhibit P-71 -- 2017-08-23 -- Email to BE11FE4 re Janicak's additional requests - 34FE43F Depo Ex. 722 - REDACTED, # 72 Exhibit P-72 -- Deposition Transcript of 34FE43F, # 73 Exhibit P-73 -- 2017-08-18 -- Email from Chip Wochomurka re Scan you requested - 34FE43F Depo Ex. 721 - REDACTED, # 74 Exhibit P-74 -- Deposition Transcript of Craig Smart, # 75 Exhibit P-75 -- 2017-06-14 -- Tivity Board Meeting Call - D0A4E52 Depo Ex. 626, # 76 Exhibit P-76 -- 2017-08-21 -- Email from Jeff Pagels re Optum AARP Medicare Supplement Program - 34FE43F Depo Ex. 748, # 77 Exhibit P-77 -- 2017-06-03 -- Email from Eric Turner re LRF Deck - D0A4E52 Depo Ex. 622 - REDACTED, # 78 Exhibit P-78 -- 2017-06-03 -- Email from Jeff Pagels re LRF Deck - D0A4E52 Depo Ex. 623 - REDACTED, # 79 Exhibit P-79 -- 2017-06-04 -- Email from Eric Turner re LRF Info and UHG-AARP Info - D0A4E52 Depo Ex. 624 - REDACTED, # 80 Exhibit P-80 -- 2017-06-09 -- Tivity Board Meeting Call - D0A4E52 Depo Ex. 625, # 81 Exhibit P-81 -- 2017-06-14 -- Minutes of the Board of Directors of Tivity - Craig A Smart Depo Ex. 750, # 82 Exhibit P-82 -- 2017-06-20 -- Minutes of the Board of Directors of Tivity - D0A4E52 Depo Ex. 627, # 83 Exhibit P-83 -- 2017-06-24 -- Email from Chip Wochomurka re Project Explorer Model - TIVITY0015426-484, # 84 Exhibit P-84 -- 2017-06-20 -- Tivity Board Meeting Call - D0A4E52 Depo Ex. 628, # 85 Exhibit P-85 -- 2017-10-03 -- Email from 34FE43F re Humana Pricing - AdamHolland Depo Ex. 729 - REDACTED, # 86 Exhibit P-86 -- UnitedHealthcare Adds New Fitness Benefit to Medicare Advantage Plans in NY - D0A4E52 Depo Ex. 634, # 87 Exhibit P-87 -- Deposition Transcript of Lord Abbett Rule 30(b)(6), # 88 Exhibit P-88 -- 2017-11-06 -- Email from Matthew DeCicco re TVTY Weakness - Matthew DeCicco Depo Ex. 15, # 89 Exhibit P-89 -- 2017-11-07 -- Email from Matthew DeCicco re Tivity Health Comments - Matthew DeCicco Depo Ex. 13, # 90 Exhibit P-90 -- 2017-11-06 (1245) Seeking Alpha - Tivity Health Down 32% on UnitedHealth's Debut of competing fitness benefit, # 91 Exhibit P-91 -- Deposition Transcript of Chad Coffman, # 92 Exhibit P-92 -- 2017-11-11 -- Email from BE11FE4 re Question - 34FE43F Depo Ex. 743, # 93 Exhibit P-93 -- 2017-11-06 -- Email from David Styblo re TVTY shares - 34FE43F Depo Ex. 737, # 94 Exhibit P-94 -- Sell-Off on UnitedHealth News Seems Markedly Overdone; We are Buyers on Weakness - 2017-11-6 -- William Blair, # 95 Exhibit P-95 -- Defending TVTY on Sell-Off after Optum News - 2017-11-6 - Piper Jaffray, # 96 Exhibit P-96 -- Shares off on UNH Announcement; Too Early to Worry about 2020; Overweight - 2017-11-6 - Cantor Fitzgerald, # 97 Exhibit P-97 -- UNH expands senior benefit, less confident in our TVTY estimates - 2017-11-6 - Chardan, # 98 Exhibit P-98 -- 2017-11-06 -- Email from Lee Shapiro re United Press Release - Conan Laughlin Depo Ex. 226, # 99 Exhibit P-99 -- Strategice Review Committee Powerpoint - BE11FE4 Depo Ex. 520 - REDACTED, # 100 Exhibit P-100 -- 2017-11-06 -- Email from BE11FE4 re United Press Release - 34FE43F Depo Ex. 738, # 101 Exhibit P-101 -- 2017-11-06 -- Email from BE11FE4 re Today's Press Release - Timothy Noel Depo Ex. 322, # 102 Exhibit P-102 -- United Health Care Draft Letter - Timothy Noelas 30b6 Depo Ex. 333, # 103 Exhibit P-103 -- 2017-11-06 -- Minutes of the Board of Directors of Tivity - 34FE43F Depo Ex. 739, # 104 Exhibit P-104 -- 2017-11-07 -- Email from Mary Flipse re Tivity Health News Summary - 34FE43F Depo Ex. 740, # 105 Exhibit P-105 -- 2011-10-24 -- Q3 2011 Healthways Inc Earnings Conference Call, # 106 Exhibit P-106 -- Q2 2017 Form 10-Q, # 107 Exhibit P-107 -- Q3 2017 Form 10-Q, # 108 Exhibit P-108 -- 2017-04-27 -- Tivity Press Release, # 109 Exhibit P-109 -- 2017-07-27 -- Tivity Press Release, # 110 Exhibit P-110 -- 2017-10-26 -- Q3 2017 Tivity Health Inc Earnings Call, # 111 Exhibit P-111 -- SEC Form 4 Statement of Changes in Beneficial Ownership - D0A4E52 Depo Ex. 633)(Gastel, Benjamin)
	Request

134	Filed: 1/19/2021, Entered: 1/19/2021
	STATEMENT of facts Response in Opposition filed by Oklahoma Firefighters Pension and Retirement System in support of 123 Statement of facts. (Gastel, Benjamin) Modified on 1/20/2021 (mg).
	Request

133	Filed: 1/19/2021, Entered: 1/19/2021
	RESPONSE in Opposition re 121 MOTION for Summary Judgment filed by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
	Request

132	Filed: 1/12/2021, Entered: 1/12/2021
	ORDER: Plaintiff's Unopposed Motion for Clarification (Doc. No. 131 ) is GRANTED. Plaintiff may file its response to the Motion to Decertify on January 26, 2021, and Defendants may file their reply on February 24, 2021. To the extent the Court's prior Order (Doc. No. 130 ) provided otherwise, it is hereby VACATED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/12/2021. (mg)
	Request

131	Filed: 1/5/2021, Entered: 1/5/2021
	Unopposed MOTION to Clarify re 130 Order,, by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
	Request

130	Filed: 12/28/2020, Entered: 12/28/2020
	*VACATED PER ORDER 132 * ORDER: The Court's Order entered December 23, 2020 (Doc. No. 129 ) is VACATED. The Joint Motion for Extension of the Briefing Schedule on Defendant's Motion to Decertify the Class (Doc. No. 127 ) is GRANTED in part and denied in part. Plaintiffs' Response to Defendants' Motion to Decertify shall be filed on or before January 17, 2021 and Defendants' reply shall be filed on or before February 17, 2021. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/28/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 1/12/2021 (mg).
	Request

129	Filed: 12/23/2020, Entered: 12/23/2020
	*VACATED PER ORDER 130 * ORDER: The Joint Motion for Extension of the Briefing Schedule on Defendant's Motion to Decertify the Class (Doc. No. 127 ) is GRANTED in part and denied in part. Defendants' Motion to Decertify shall be filed on or before January 17, 2021 and Defendants' reply shall be filed on or before February 17, 2021. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/23/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 12/28/2020 (mg).
	Request

128	Filed: 12/22/2020, Entered: 12/22/2020
	ORDER: Defendants' Unopposed motion for Leave to File Under Seal Certain Exhibits In Support of Motion for Summary Judgment (Doc. No. 124 ) is GRANTED and Document Number 125 shall be sealed. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/22/2020. (mg)
	Request

127	Filed: 12/15/2020, Entered: 12/15/2020
	Joint MOTION for Extension of Time to File Response/Reply as to 118 MOTION to Decertify the Class by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
	Request

126	Filed: 12/14/2020, Entered: 12/14/2020
	ORDER: On December 11, 2020, Defendants Tivity Health, Inc., BE11FE4, D0A4E52, and 34FE43F filed a motion for summary judgment on Plaintiffs' claims against them. (Doc. No. 121 .) As established by the initial case management order (Doc. No. 67 , 104 ), any response in opposition to the motion for summary judgment must be filed by January 19, 2021. Any optional reply shall be filed by February 17, 2021. Any filings made related to the motion for summary judgment, including motions for extensions of time or to exceed page limits, shall be decided by Chief Judge Crenshaw unless referred to the undersigned Magistrate Judge. Signed by Magistrate Judge Alistair Newbern on 12/14/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) (Main Document 126 replaced on 12/14/2020) (ln). Modified on 12/14/2020 (ln).
	Request

125	Filed: 12/11/2020, Entered: 12/11/2020
	Sealed Document filed by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Attachments: # 1 Exhibit 4 - Rose Declaration, # 2 Exhibit 13 - TIVITY0001112-1115, # 3 Exhibit 16 - TIVITY0005835-5837, # 4 Exhibit 17 - TIVITY0082605-82609, # 5 Exhibit 19 - TIVITY0001130-1157, # 6 Exhibit 27 - TIVITY0042661-42665, # 7 Exhibit 38 - TIVITY0022935-22937, # 8 Exhibit 46 - TIVITY0016447-16469)(Dietz, Wallace)


124	Filed: 12/11/2020, Entered: 12/11/2020
	Unopposed MOTION for Leave to File Document Under Seal Certain Exhibits in Support of Motion for Summary Judgment by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Dietz, Wallace)
	Request

123	Filed: 12/11/2020, Entered: 12/11/2020
	STATEMENT of facts in Support of Motion for Summary Judgment. (Attachments: # 1 Exhibit 1 - Tivity 2016 10-K, # 2 Exhibit 2 - Tivity Dep., # 3 Exhibit 3 - BE11FE4 Dep., # 4 Exhibit 4 - Rose Report, # 5 Exhibit 5 - Janicak Dep., # 6 Exhibit 6 - UHC Dep., # 7 Exhibit 7 - Noel Dep., # 8 Exhibit 8 - Khalil Dep., # 9 Exhibit 9 - Tivity Q4 2016 Earnings Call Transcript, # 10 Exhibit 10 - OFP-TVTY-00003488-3527, # 11 Exhibit 11 - TIVITY0079691-79696, # 12 Exhibit 12 - Tivity Q1 2017 Earnings Call Transcript, # 13 Exhibit 13 - TIVITY0001112-1115, # 14 Exhibit 14 - TIVITY0067360-67362, # 15 Exhibit 15 - TIVITY003769-3772, # 16 Exhibit 16 - TIVITY0005835-5837, # 17 Exhibit 17 - TIVITY0082605-82609, # 18 Exhibit 18 - Tivity 2/23/2017 Press Release, # 19 Exhibit 19 - TIVITY0001130-1157, # 20 Exhibit 20 - Dep. Ex. 514, # 21 Exhibit 21 - TIVITY0087761, # 22 Exhibit 22 - TIVITY0021959, # 23 Exhibit 23 - TIVITY0077255-77259, # 24 Exhibit 24 - TIVITY0033607, # 25 Exhibit 25 - TIVITY0076143-76144, # 26 Exhibit 26 - TIVITY0042305-42310, # 27 Exhibit 27 - TIVITY0042661-42665, # 28 Exhibit 28 - TIVITY0022935-22937, # 29 Exhibit 29 - TIVITY0035907-35959, # 30 Exhibit 30 - TIVITY0094900-94917, # 31 Exhibit 31 - Gompers Report, # 32 Exhibit 32 - BE11FE4 Resp. to Interr. 1, # 33 Exhibit 33 - TIVITY0042483-42484, # 34 Exhibit 34 - Dep. Ex. 311, # 35 Exhibit 35 - TIVITY0026251-26252, # 36 Exhibit 36 - TIVITY0095636-95637, # 37 Exhibit 37 - TIVITY0095793-95798, # 38 Exhibit 38 - TIVITY0094815-94846, # 39 Exhibit 39 - TIVITY0094847-94875, # 40 Exhibit 40 - Smart Dep., # 41 Exhibit 41 - Dep. Ex. 748, # 42 Exhibit 42 - Gompers Dep., # 43 Exhibit 43 - Dep. Ex. 750, # 44 Exhibit 44 - Dep. Ex. 752, # 45 Exhibit 45 - Tivity Q3 2017 Earnings Call Transcript, # 46 Exhibit 46 - TIVITY0016447-16469, # 47 Exhibit 47 - Tivity Q4 Earnings Call Transcript, # 48 Exhibit 48 - TIVITY0076041-76079, # 49 Exhibit 49 - Tivity 2017 10-K, # 50 Exhibit 50 - Tivity 2018 10-K, # 51 Exhibit 51 -Tivity 4/27/2017 8-K, # 52 Exhibit 52 -Tramuto 11/3/2017 Form 4, # 53 Exhibit 53 - SEC record - BE11FE4 stock transactions, # 54 Exhibit 54 - 34FE43F Dep., # 55 Exhibit 55 - SEC record - 34FE43F stock transactions, # 56 Exhibit 56 - D0A4E52 Dep., # 57 Exhibit 57 - Dep. Ex. 633, # 58 Exhibit 58 - D0A4E52 4/2/2018 Form 4, # 59 Exhibit 59 - TIVITY0005391-5403, # 60 Exhibit 60 - SEC Staff Accounting Bulletin 99, # 61 Exhibit 61 - Coffman Dep.)(Dietz, Wallace)
	Request

122	Filed: 12/11/2020, Entered: 12/11/2020
	MEMORANDUM in Support of 121 MOTION for Summary Judgment filed by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4 . (Dietz, Wallace)
	Request

121	Filed: 12/11/2020, Entered: 12/11/2020
	MOTION for Summary Judgment by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Dietz, Wallace)
	Request

120	Filed: 12/11/2020, Entered: 12/11/2020
	ORDER ESTABLISHING PROGRAM AND SCHEDULE FOR CLASS NOTICE (with attachments): On January 29, 2020, the Court certified a class, appointed a Lead Plaintiff as the Class Representative and Class Counsel. (Doc. No. 99 ). The Motion for an Order Establishing Program and Schedule for Class Notice (Doc. No. 115 ) is GRANTED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/11/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
	Request

119	Filed: 12/11/2020, Entered: 12/11/2020
	MEMORANDUM in Support of 118 MOTION to Decertify the Class filed by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4 . (Attachments: # 1 Exhibit 1 - Noel. Dep. Tr. Excerpts, # 2 Exhibit 2 - UHC (Noel) Dep. Tr. Excerpts, # 3 Exhibit 3 - Dep. Ex. 748, # 4 Exhibit 4 - Dep. Ex. 754, # 5 Exhibit 5 - Coffman Dep. Tr. Excerpts, # 6 Exhibit 6 - UHC (Sanford) Dep. Tr. Excerpts., # 7 Exhibit 7 - Braun Affidavit and exhibits, # 8 Exhibit 8 - 2017 CMS Medicare Marketing Guidelines, # 9 Exhibit 9 - Dep. Ex. 329, # 10 Exhibit 10 - Dep. Ex. 333, # 11 Exhibit 11 - Dep. Ex. 330, # 12 Exhibit 12 - Gompers Expert Report, # 13 Exhibit 13 - Dep. Ex. 332, # 14 Exhibit 14 - Dep. Ex. 331, # 15 Exhibit 15 - JPM (Smart) Dep. Tr. Excerpts, # 16 Exhibit 16 - 34FE43F Dep. Tr. Excerpts, # 17 Exhibit 17 - Defendants' Rule 23(f) Petition, # 18 Exhibit 18 - Defendants' Reply in Support of Rule 23(f) Petition, # 19 Exhibit 19 - Plaintiff's Opposition to Rule 23(f) Petition, # 20 Exhibit 20 - November 6, 2017 UHC Press Releases)(Dietz, Wallace)
	Request

118	Filed: 12/11/2020, Entered: 12/11/2020
	MOTION to Decertify the Class by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Dietz, Wallace)
	Request

117	Filed: 8/26/2020, Entered: 8/26/2020
	Additional Attachments to Main Document re: 115 MOTION For an Order Establishing a Program and Schedule for Notice to the Class of Pending Class Action (Unopposed). (Attachments: # 1 Exhibit A - Postcard Notice of Pendency of Class Action, # 2 Exhibit B - Long Form Notice of Pendency of Class Action, # 3 Exhibit C - Summary Notice)(Gastel, Benjamin)
	Request

116	Filed: 8/26/2020, Entered: 8/26/2020
	MEMORANDUM in Support of 115 MOTION For an Order Establishing a Program and Schedule for Notice to the Class of Pending Class Action (Unopposed) filed by Oklahoma Firefighters Pension and Retirement System . (Attachments: # 1 Exhibit 1 - Quorum Order)(Gastel, Benjamin)
	Request

115	Filed: 8/26/2020, Entered: 8/26/2020
	MOTION For an Order Establishing a Program and Schedule for Notice to the Class of Pending Class Action (Unopposed) by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
	Request

114	Filed: 8/26/2020, Entered: 8/26/2020
	ORDER granting 113 : Having satisfied the requirements of Local Rule 83.01(b), the motion to appear pro hac vice of Joshua Handelsman is granted. Signed by Vicki Kinkade on 08/26/2020. (vk)


	Filed: 8/20/2020, Entered: 8/20/2020
	D.C. Bar status verified as active for Joshua Handelsman. (mg)


113	Filed: 8/19/2020, Entered: 8/19/2020
	MOTION for attorney Joshua Handelsman to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3198552) by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Attachment Certificate of Good Standing)(Gastel, Benjamin)
	Request

112	Filed: 8/10/2020, Entered: 8/10/2020
	JOINT MEDIATION REPORT filed by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
	Request

111	Filed: 7/23/2020, Entered: 7/23/2020
	NOTICE of 6CCA ORDER filed: DENIED the defendants' petition for permission to appeal the class certification decision. Jeffrey S. Sutton, Circuit Judge; Deborah L. Cook, Circuit Judge and Helene N. White, Circuit Judge. (Jill Colyer) (bs)
	Request

110	Filed: 7/10/2020, Entered: 7/10/2020
	NOTICE by Oklahoma Firefighters Pension and Retirement System of Withdrawal of Alice Buttrick (Stranch, James)
	Request

109	Filed: 6/11/2020, Entered: 6/11/2020
	ORDER: The parties' motion 108 is GRANTED. The deadline to conclude fact discovery and file any related motions is EXTENDED to October 2, 2020. All other deadlines remain as previously set. Signed by Magistrate Judge Alistair Newbern on 6/11/2020. (mg)
	Request

108	Filed: 6/10/2020, Entered: 6/10/2020
	Joint MOTION for Limited Extension of Schedule by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
	Request

107	Filed: 4/30/2020, Entered: 4/30/2020
	STIPULATION Regarding Remote Deposition Protocols (Joint) by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
	Request

106	Filed: 3/31/2020, Entered: 3/31/2020
	NOTICE by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4 Joint Notice of Pending Rule 23(f) Petition for Leave to Appeal (Dietz, Wallace)
	Request

105	Filed: 3/30/2020, Entered: 3/30/2020
	ORDER: Counsel report that discovery is progressing according to the deadlines set in the revised case management order ( 104 ). Counsel will consider taking depositions by video if necessary to allow discovery to continue during the COVID-19 pandemic. Counsel have discussed case resolution and will engage in a private mediation by August 9, 2019. Signed by Magistrate Judge Alistair Newbern on 3/30/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
	Request

	Filed: 3/30/2020, Entered: 3/30/2020
	Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Telephone Conference held on 3/30/2020. (Hearing lasted :17)(tm)


104	Filed: 3/13/2020, Entered: 3/13/2020
	ORDER granting 103 Motion for Extension of Schedule. Signed by Magistrate Judge Alistair Newbern on 3/13/2020. (gb)
	Request

103	Filed: 3/11/2020, Entered: 3/11/2020
	Joint MOTION for Extension of Schedule (Revised) re 102 Order on Motion for Miscellaneous Relief, by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
	Request

102	Filed: 3/11/2020, Entered: 3/11/2020
	ORDER denying 101 Motion for Extension of Schedule. The proposed schedule sets summary judgment reply briefs to be filed less than 90 days before the May 18, 2021 trial date. The parties may propose a different amended calendar that complies with this Court's Local Rule 16.01(h)(1). Signed by Magistrate Judge Alistair Newbern on 3/10/2020. (gb)
	Request

101	Filed: 3/6/2020, Entered: 3/6/2020
	Joint MOTION for Extension of Schedule by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
	Request

100	Filed: 2/18/2020, Entered: 2/18/2020
	NOTICE by Oklahoma Firefighters Pension and Retirement System Regarding Notice of Class Pendency (Gastel, Benjamin)
	Request

99	Filed: 1/29/2020, Entered: 1/29/2020
	ORDER: The Motion to Certify Class ( 81 ) filed by the Oklahoma Firefighters Pension and Retirement System is hereby GRANTED. The Court CERTIFIES a Class consisting of all those who purchased or otherwise acquired Tivity common stock between March 6, 2017 and November 6, 2017, inclusive. The Court APPOINTS Oklahoma Firefighters Pension and Retirement System as Class Representative, andCohen Milstein Sellers & Toll PLLC as Class Counsel. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/29/2020. (gb)
	Request

98	Filed: 1/29/2020, Entered: 1/29/2020
	MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/29/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)


97	Filed: 12/20/2019, Entered: 12/20/2019
	DECLARATION of Christina Saber filed by Oklahoma Firefighters Pension and Retirement System re: 96 Reply to Response to Motion. (Attachments: # 1 Exhibit 1 - Coffman Tivity Rebuttal Report (Executed) (1), # 2 Exhibit 2 - Gompers Deposition Excerpts (1), # 3 Exhibit 3 - Gompers Opinions re Market Efficiency, # 4 Exhibit 4 - Exhibit Gompers App_x B Class Cases, # 5 Exhibit 5 - Gompers Comcast Opinion, # 6 Exhibit 6 - DeCicco Deposition Excerpts, # 7 Exhibit 7a - UHC Packet - Part One of Six, # 8 Exhibit 7b - UHC Packet - Part Two of Six, # 9 Exhibit 7c - UHC Packet Part Three of Six, # 10 Exhibit 7d- UHC Packet Part Four of Six, # 11 Exhibit 7e - UHC Packet Part Five of Six, # 12 Exhibit 7f - UHC Packet Part Six of Six, # 13 Exhibit 8 - Optum Websites Combined, # 14 Exhibit 9 - Deer Park Tweet, # 15 Exhibit 10 - Monmouth Flyer, # 16 Exhibit 11 - Bellingham Article, # 17 Exhibit 12 - Mercury Pharmacy Aging Gracefully; Maintaining Vitality, # 18 Exhibit 13a - Meadowlands YMCA Flyer - Part one of Two, # 19 Exhibit 13b - Meadowland YMCA Flyer Part Two of Two, # 20 Exhibit 14a - YMCA Flyer Part One of Two, # 21 Exhibit 14b - YMCA Flyer Part Two of Two, # 22 Exhibit 15 - Gateway, # 23 Exhibit 16 - Prairie Township Board of Trustees Minutes, # 24 Exhibit 17 - Sept. 15, 2017 Insurance, # 25 Exhibit 18 - Insurance Forums, # 26 Exhibit 19 - Harrison Premier, # 27 Exhibit 20 - Coffman Depo Excerpts)(Gastel, Benjamin)
	Request

96	Filed: 12/20/2019, Entered: 12/20/2019
	REPLY to Response to Motion re 81 MOTION to Certify Class Reply in Support filed by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
	Request

	Filed: 10/16/2019, Entered: 10/17/2019
	Set/Reset Hearings: Telephone Conference set for 3/30/2020 09:30 AM before Magistrate Judge Alistair Newbern. (gb)


	Filed: 10/16/2019, Entered: 10/16/2019
	Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 10/16/2019. (Hearing lasted :11)(tm)


95	Filed: 10/16/2019, Entered: 10/16/2019
	ORDER: The Magistrate Judge held a telephone conference with counsel for all parties on October 16, 2019. The parties report that discovery is proceeding within the deadlines set by the initial case management order. A second telephonic conference is set for March 30, 2020, at 9:30 a.m. The parties shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on October 16, 2019. (AN)


94	Filed: 10/15/2019, Entered: 10/15/2019
	ORDER granting 92 Motion for Leave to File Excess Pages. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/15/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
	Request

93	Filed: 10/8/2019, Entered: 10/8/2019
	RESPONSE in Opposition re 81 MOTION to Certify Class filed by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Attachments: # 1 Exhibit 1 - 10.02.19 Deposition Excerpts of M. DeCicco, # 2 Exhibit 2 - Expert Report of Paul A. Gompers, Ph.D, # 3 Exhibit 3 - Spreadsheet SSBT_000001, # 4 Exhibit 4 - 09.04.19 Deposition Excerpts of C. Coffman)(Dietz, Wallace)
	Request

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92	Filed: 10/4/2019, Entered: 10/4/2019
	Joint MOTION for Leave to File Excess Pages by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Attachments: # 1 Attachment - Proposed Order)(Dietz, Wallace)
	Request

91	Filed: 9/19/2019, Entered: 9/19/2019
	ORDER granting 90 Motion for Extension of Time to File. The time for Defendants to file an opposition to Lead Plaintiff's Motion for Class Certification is extended through and including October 8, 2019, and the time for Lead Plaintiff to file a reply in support of its motion is extended through and including December 20, 2019. Signed by Magistrate Judge Alistair Newbern on 9/19/19. (gb)
	Request

90	Filed: 9/19/2019, Entered: 9/19/2019
	Joint MOTION for Extension of Time to File Joint Motion to Extend Briefing Schedule on Lead Plaintiff's Motion for Class Certification by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Attachments: # 1 Attachment - Proposed Order)(Dietz, Wallace)
	Request

89	Filed: 7/29/2019, Entered: 7/29/2019
	ORDER granting 87 Motion to Extend Briefing Schedule on Lead Plaintiffs Motion for Class Certification. The time for Defendants to file an opposition to Lead Plaintiff's Motion for Class Certification is extended through and including September 24, 2019, and the time for Lead Plaintiff to file a reply in support of its motion is extended through and including November 22, 2019. Signed by Magistrate Judge Alistair Newbern on 7/29/19. (gb)
	Request

88	Filed: 7/25/2019, Entered: 7/25/2019
	ORDER granting 85 Motion for Ji Eun "Jessica" Kim to Appear Pro Hac Vice. Signed by Kirk L. Davies on 7/25/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
	Request

87	Filed: 7/25/2019, Entered: 7/25/2019
	Joint MOTION to Extend Briefing Schedule on Lead Plaintiff's Motion for Class Certification re 81 MOTION to Certify Class by Tivity Health, Inc. (Attachments: # 1 Attachment Proposed Order Granting Extension of Briefing Schedule)(Dietz, Wallace)
	Request

86	Filed: 7/24/2019, Entered: 7/24/2019
	JOINT Statement Regarding Alternative Dispute Resolution. (Gastel, Benjamin)
	Request

	Filed: 7/24/2019, Entered: 7/24/2019
	NY State Bar status verified as active for Ji Eun Kim. (gb)


85	Filed: 7/23/2019, Entered: 7/23/2019
	MOTION for attorney Ji Eun ("Jessica") Kim to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2957626) by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Attachment Declaration of Jessica Kim in Support of Motion for Admission Pro Hac Vice, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order Granting Motion for Admission Pro Hac Vice for Jessica Kim)(Gastel, Benjamin)
	Request

84	Filed: 7/2/2019, Entered: 7/2/2019
	CERTIFICATE OF SERVICE by Oklahoma Firefighters Pension and Retirement System re Annotation - Deficiency Notice, 82 Memorandum in Support AMENDED (Gastel, Benjamin)
	Request

	Filed: 7/2/2019, Entered: 7/2/2019
	NOTICE TO FILER re DE# 82 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for this document. (gb)


83	Filed: 7/1/2019, Entered: 7/1/2019
	DECLARATION of Christina D. Saler filed by Oklahoma Firefighters Pension and Retirement System re: 81 MOTION to Certify Class. (Attachments: # 1 Exhibit Barrington Research, # 2 Exhibit PiperJaffray, # 3 Exhibit SunTrust Report, # 4 Exhibit Earnings Call, # 5 Exhibit Rankin Declaration, # 6 Exhibit Coffman Report)(Gastel, Benjamin)
	Request

82	Filed: 7/1/2019, Entered: 7/1/2019
	MEMORANDUM in Support of 81 MOTION to Certify Class filed by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
	Request

81	Filed: 7/1/2019, Entered: 7/1/2019
	MOTION to Certify Class by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
	Request

80	Filed: 6/6/2019, Entered: 6/7/2019
	ORDER granting 79 Motion for Brandon R. Keel to Appear Pro Hac Vice. Signed by Vicki Kinkade, Chief Deputy Clerk on 6/6/19. (gb)
	Request

	Filed: 6/6/2019, Entered: 6/6/2019
	IL State Bar status verified as active for Brandon R. Keel. (gb)


79	Filed: 6/5/2019, Entered: 6/5/2019
	MOTION for attorney Brandon R. Keel to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2926790) by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Attachments: # 1 Attachment - Declaration of Brandon R. Keel, # 2 Attachment - Certificate of Good Standing, # 3 Attachment - Proposed Order)(Crace, Joseph)
	Request

78	Filed: 5/29/2019, Entered: 5/29/2019
	STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Alistair Newbern on 5/29/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
	Request

77	Filed: 5/29/2019, Entered: 5/29/2019
	Joint MOTION for Protective Order by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Attachment Proposed Stipulated Protective Order)(Gastel, Benjamin)
	Request

76	Filed: 5/22/2019, Entered: 5/22/2019
	MEMORANDUM OPINION AND ORDER: Tivity's Motion for Reconsideration (Doc. No. 63) is DENIED, and this case is returned to Magistrate Judge Newbern for further pretrial case management. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/22/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
	Request

75	Filed: 5/10/2019, Entered: 5/10/2019
	REPLY to Response to Motion re 63 MOTION for Reconsideration re 55 Memorandum Opinion of the Court filed by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Dietz, Wallace)
	Request

74	Filed: 5/9/2019, Entered: 5/9/2019
	NOTICE by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4 Agreed Document Production Protocol (Dietz, Wallace)
	Request

73	Filed: 5/6/2019, Entered: 5/7/2019
	ORDER granting 71 Motion for Daniel S. Sommers to Appear Pro Hac Vice. Signed by Acting Clerk of Court, Vicki Kinkade on 5/6/19. (gb)
	Request

72	Filed: 5/3/2019, Entered: 5/3/2019
	RESPONSE to Motion re 63 MOTION for Reconsideration re 55 Memorandum Opinion of the Court filed by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
	Request

	Filed: 5/3/2019, Entered: 5/3/2019
	DC Bar status verified as active for Daniel S. Sommers. (gb)


71	Filed: 5/2/2019, Entered: 5/2/2019
	MOTION for attorney Daniel S. Sommers to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2905148) by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Attachment Declaration of Daniel S. Sommers in Support of Motion for Pro Hac Vice, # 2 Attachment Certificate of Good Standing, # 3 Attachment Order Granting Admission Pro Hac Vice)(Gastel, Benjamin)
	Request

70	Filed: 4/16/2019, Entered: 4/16/2019
	ORDER: Jury Trial set for 5/18/2021 09:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Pretrial Conference set for 5/10/2021 10:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Exhibit List due by 5/3/2021. Witness List due by 5/3/2021. Proposed Pretrial Order due by 5/3/2021. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/16/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (gb)
	Request

69	Filed: 4/15/2019, Entered: 4/15/2019
	ORDER: On or before May 3, 2019, Plaintiff shall file a response to Defendants' Motion for Reconsideration ( 63 ) that address the substantive issues raised in the Motion. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/15/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (gb)
	Request

68	Filed: 4/15/2019, Entered: 4/15/2019
	ANSWER to 32 Amended Complaint by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4.(Dietz, Wallace)
	Request

67	Filed: 4/15/2019, Entered: 4/15/2019
	INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 12/13/2019. Discovery due by 5/4/2020. Dispositive Motions due by 11/4/2020. Case Management Conference by Telephone set for 10/16/2019 at 09:30 AM before Magistrate Judge Alistair Newbern. Signed by Magistrate Judge Alistair Newbern on 4/15/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (gb)
	Request

	Filed: 4/11/2019, Entered: 4/11/2019
	Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Initial Case Management Conference by Telephone held on 4/11/2019. (tm)


66	Filed: 4/8/2019, Entered: 4/8/2019
	PROPOSED CASE MANAGEMENT ORDER filed by Oklahoma Firefighters Pension and Retirement System. (Gastel, Benjamin)
	Request

65	Filed: 4/2/2019, Entered: 4/2/2019
	NOTICE by Oklahoma Firefighters Pension and Retirement System re 63 MOTION for Reconsideration re 55 Memorandum Opinion of the Court (Stranch, James)
	Request

64	Filed: 4/1/2019, Entered: 4/1/2019
	MEMORANDUM in Support of 63 MOTION for Reconsideration re 55 Memorandum Opinion of the Court filed by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Attachments: # 1 Exhibit A - Memorandum Opinion - Zwick Partners, LP v. Quorum Health Corp., # 2 Exhibit B - March 16, 2017 Form 10-K)(Dietz, Wallace)
	Request

63	Filed: 4/1/2019, Entered: 4/1/2019
	MOTION for Reconsideration re 55 Memorandum Opinion of the Court by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Dietz, Wallace)
	Request

62	Filed: 3/26/2019, Entered: 3/26/2019
	ORDER granting 61 Motion for Extension of Time to File Response to First Amended Complaint. Defendants shall have until April 15, 2019, to respond to Plaintiff's First Amended Complaint. Signed by Magistrate Judge Alistair Newbern on 3/26/19. (gb)
	Request

61	Filed: 3/26/2019, Entered: 3/26/2019
	Defendants' Unopposed MOTION for Extension of Time to File Response to First Amended Complaint by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Attachments: # 1 Attachment - Proposed Order)(Crace, Joseph) Modified text on 3/27/2019 (gb).
	Request

60	Filed: 3/26/2019, Entered: 3/26/2019
	NOTICE of Hearing: Initial Case Management Conference RESET for 4/11/2019 at 11:00 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (gb)
	Request

	Filed: 3/26/2019, Entered: 3/26/2019
	Set/Reset Hearings: Initial Case Management Conference RESET for 4/11/2019 at 10:00 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (gb)


59	Filed: 3/26/2019, Entered: 3/26/2019
	ORDER granting 58 Motion to Reset the Initial Case Management Conference. The initial case management conference is RESET for April 11, 2019, at 10:00 a.m. Signed by Magistrate Judge Alistair Newbern on 3/26/19. (gb)
	Request

58	Filed: 3/25/2019, Entered: 3/25/2019
	Joint MOTION to Reset the Initial Case Management Conference re 57 Order by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Attachment Proposed Order)(Stranch, James)
	Request

57	Filed: 3/19/2019, Entered: 3/19/2019
	ORDER: The Court has previously ordered the parties to move to reset the initial case management conference in this matter within seven days of the Court's resolution of Defendants' motion to dismiss. (Doc. No. 37.) The Court denied the motion to dismiss on March 18, 2019. Accordingly, by no later than March 25, 2019, the parties shall file a joint motion to reset the initial case management conference that includes at least three mutually convenient dates and times for the conference to take place. The parties are directed to consult with Courtroom Deputy Tina McDonald to determine the Magistrate Judge's availability. Signed by Magistrate Judge Alistair Newbern on March 19, 2019. (AN)


56	Filed: 3/18/2019, Entered: 3/18/2019
	ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Motion to Dismiss ( 38 ) filed by Tivity Health, Inc., BE11FE4, D0A4E52, and 34FE43F is hereby DENIED. This case is returned to Magistrate Judge Newbern for further pretrial case management. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/18/19. (gb)
	Request

55	Filed: 3/18/2019, Entered: 3/18/2019
	MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/18/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
	Request

54	Filed: 1/15/2019, Entered: 1/16/2019
	ORDER granting 52 Motion for Alice Buttrick to Appear Pro Hac Vice. Signed by Acting Clerk of Court, Vicki Kinkade on 1/15/19. (gb)
	Request

53	Filed: 1/14/2019, Entered: 1/14/2019
	DECLARATION of Alice Buttrick filed by Oklahoma Firefighters Pension and Retirement System re: 52 MOTION for attorney(s) Alice Buttrick to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2828121). (Gastel, Benjamin)
	Request

	Filed: 1/10/2019, Entered: 1/10/2019
	NOTICE TO COUNSEL re 52 MOTION for attorney Alice Buttrick to Appear Pro Hac Vice: The motion does not comply with the Court's local rules because the motion fails to state whether any disciplinary proceedings or criminal charges have been instituted against counsel. Local Rule 83.01(b)(2). By no later than three (3) business days from the date of entry of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing whether any disciplinary proceedings or criminal charges have been instituted against the attorney, and if so, providing complete details about the proceeding or charges, including outcome. Failure to do so will result in denial of the pro hac vice motion. (gb)


	Filed: 1/9/2019, Entered: 1/9/2019
	NY State Bar status verified as active for Alice Buttrick. (gb)


52	Filed: 1/8/2019, Entered: 1/8/2019
	MOTION for attorney(s) Alice Buttrick to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2828121) by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Attachment Proposed Order, # 2 Attachment Certificate of Good Standing)(Gastel, Benjamin)
	Request

51	Filed: 1/8/2019, Entered: 1/8/2019
	NOTICE by Oklahoma Firefighters Pension and Retirement System of Withdrawal of Times Wang (Stranch, James)
	Request

50	Filed: 10/9/2018, Entered: 10/9/2018
	REPLY to Response to Motion re 38 MOTION to Dismiss First Amended Complaint filed by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Dietz, Wallace)
	Request

49	Filed: 10/2/2018, Entered: 10/2/2018
	ORDER granting 48 Motion for Leave to File Excess Pages. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/2/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
	Request

48	Filed: 9/27/2018, Entered: 9/27/2018
	MOTION for Leave to File Excess Pages (Unopposed) by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Attachments: # 1 Attachment - Proposed Order)(Crace, Joseph)
	Request

47	Filed: 9/17/2018, Entered: 9/17/2018
	RESPONSE in Opposition re 38 MOTION to Dismiss First Amended Complaint filed by Oklahoma Firefighters Pension and Retirement System. (Stranch, James)
	Request

46	Filed: 9/12/2018, Entered: 9/12/2018
	WAIVER OF SERVICE Returned Executed by Oklahoma Firefighters Pension and Retirement System. Tivity Health, Inc. waiver sent on 9/6/2018. (Gastel, Benjamin)
	Request

45	Filed: 9/12/2018, Entered: 9/12/2018
	WAIVER OF SERVICE Returned Executed by Oklahoma Firefighters Pension and Retirement System. BE11FE4 waiver sent on 9/6/2018. (Gastel, Benjamin)
	Request

44	Filed: 9/12/2018, Entered: 9/12/2018
	WAIVER OF SERVICE Returned Executed by Oklahoma Firefighters Pension and Retirement System. D0A4E52 waiver sent on 9/6/2018. (Gastel, Benjamin)
	Request

43	Filed: 9/12/2018, Entered: 9/12/2018
	WAIVER OF SERVICE Returned Executed by Oklahoma Firefighters Pension and Retirement System. 34FE43F waiver sent on 9/6/2018. (Gastel, Benjamin)
	Request

42	Filed: 9/6/2018, Entered: 9/6/2018
	NOTICE by Oklahoma Firefighters Pension and Retirement System of Withdrawal (Gastel, Benjamin)
	Request

41	Filed: 8/8/2018, Entered: 8/8/2018
	AMENDED ORDER: On August 3, 2018, Defendants filed a motion to dismiss first amended complaint. ( 38 ) Pursuant to the consent order appointing lead plaintiff, approving selection of counsel, and setting schedule ( 29 ), any response is to be filed within 45 days after filing of the motion. Any optional reply shall be filed within 21 days after filing of the response. Signed by Magistrate Judge Alistair Newbern on 8/8/18. (gb)
	Request

40	Filed: 8/7/2018, Entered: 8/7/2018
	ORDER: On August 3, 2018, Defendants filed a motion to dismiss first amended complaint. ( 38 ) Pursuant to Local Rule 7.01(b), any response is to be filed within 14 days after service of the motion. No reply shall be filed without leave of Court. Signed by Magistrate Judge Alistair Newbern on 8/7/18. (gb)
	Request

39	Filed: 8/3/2018, Entered: 8/3/2018
	MEMORANDUM in Support of 38 MOTION to Dismiss First Amended Complaint filed by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Attachments: # 1 Exhibit A - Tivity Health, Inc. 2016 Form 10-K (excerpt), # 2 Exhibit B - November 6, 2017 Press Release, # 3 Exhibit C - October 26, 2017 Earnings Call Transcript, # 4 Exhibit D - Tivity Health, Inc. 2017 Form 10-K (excerpt), # 5 Exhibit E - April 27, 2017 Press Release, # 6 Exhibit F - July 27, 2017 Press Release, # 7 Exhibit G - October 26, 2017 Press Release, # 8 Attachment - Compendium of Unreported Cases)(Dietz, Wallace)
	Request

38	Filed: 8/3/2018, Entered: 8/3/2018
	MOTION to Dismiss First Amended Complaint by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Dietz, Wallace)
	Request

37	Filed: 6/27/2018, Entered: 6/28/2018
	ORDER granting 36 Motion to Continue. The parties shall move to reset the initial case management conference within seven days of the Court's order on the motion to dismiss. Signed by Magistrate Judge Alistair Newbern on 6/27/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)
	Request

36	Filed: 6/27/2018, Entered: 6/27/2018
	Joint MOTION to Continue - Motion to Postpone the Initial Case Mangement Conference by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Attachments: # 1 Attachment Proposed Order)(Dietz, Wallace)
	Request

35	Filed: 6/25/2018, Entered: 6/25/2018
	ORDER: A case management conference is therefore set for August 17, 2018, at 9:30 a.m. The parties shall submit a joint proposed case management order by August 15, 2018. Signed by Magistrate Judge Alistair Newbern on 6/25/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)
	Request

34	Filed: 6/18/2018, Entered: 6/18/2018
	ORDER granting 33 Motion for Elizabeth Aniskevich to Appear Pro Hac Vice. Signed by Magistrate Judge Alistair Newbern on 6/18/18. (gb)
	Request

33	Filed: 6/14/2018, Entered: 6/14/2018
	MOTION for attorney(s) Elizabeth Aniskevich to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2691019) by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Attachment Certificate of Good Standing, # 2 Attachment Proposed Order Granting Motion)(Gastel, Benjamin)
	Request

32	Filed: 6/4/2018, Entered: 6/4/2018
	AMENDED COMPLAINT First against D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4, filed by Oklahoma Firefighters Pension and Retirement System.(Stranch, James)
	Request

31	Filed: 4/12/2018, Entered: 4/13/2018
	ORDER granting 30 Motion for Christina D. Saler to Appear Pro Hac Vice. Signed by Magistrate Judge Alistair Newbern on 4/12/18. (gb)
	Request

30	Filed: 4/9/2018, Entered: 4/9/2018
	MOTION for attorney(s) Christina D. Saler to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2648503) by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing, # 2 Exhibit 2 - Proposed Order)(Gastel, Benjamin)
	Request

29	Filed: 4/3/2018, Entered: 4/3/2018
	CONSENT ORDER Appointing Oklahoma Firefighters Pension and Retirement System Lead Plaintiff, Approving Selection of Counsel, and Setting Schedule. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/3/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
	Request

28	Filed: 3/15/2018, Entered: 3/15/2018
	ORDER granting 27 Motion for Lisa R. Bugni to Appear Pro Hac Vice. Signed by Magistrate Judge Alistair Newbern on 3/15/18. (gb)
	Request

27	Filed: 3/14/2018, Entered: 3/14/2018
	MOTION for attorney(s) Lisa R. Bugni to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2630953) by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Attachments: # 1 Attachment Certificate of Good Standing, # 2 Attachment Proposed Order)(Dietz, Wallace)
	Request

26	Filed: 3/1/2018, Entered: 3/1/2018
	ORDER granting 25 Motion to Substitute Attorney. Attorney Lisa R. Bugni terminated. Signed by Magistrate Judge Alistair Newbern on 3/1/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
	Request

25	Filed: 3/1/2018, Entered: 3/1/2018
	MOTION to Substitute Attorney by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Attachments: # 1 Attachment - Proposed Order)(Dietz, Wallace)
	Request

24	Filed: 1/31/2018, Entered: 1/31/2018
	ORDER granting 22 Motion for Times Wang to Appear Pro Hac Vice. Signed by Magistrate Judge Alistair Newbern on 1/31/18. (gb)
	Request

23	Filed: 1/31/2018, Entered: 1/31/2018
	ORDER granting 21 Motion for Steven J. Toll to Appear Pro Hac Vice. Signed by Magistrate Judge Alistair Newbern on 1/31/18. (gb)
	Request

22	Filed: 1/31/2018, Entered: 1/31/2018
	MOTION for attorney(s) Times Wang to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2602151) by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Attachment Certificate of Good Standing, # 2 Attachment Order Granting Motion)(Gastel, Benjamin)
	Request

21	Filed: 1/31/2018, Entered: 1/31/2018
	MOTION for attorney(s) Steven J. Toll to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2602148) by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Attachment Certificate of Good Standing, # 2 Attachment Order Granting Motion)(Gastel, Benjamin)
	Request

20	Filed: 1/29/2018, Entered: 1/29/2018
	NOTICE by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4 [Proposed] Consent Order Appointing Oklahoma Firefighters Pension and Retirement System Lead Plaintiff, Approving Selection of Counsel and Setting Schedule (Dietz, Wallace)
	Request

19	Filed: 1/22/2018, Entered: 1/22/2018
	ORDER: The initial case management conference is CONTINUED. The parties shall move for a telephone conference with the Magistrate Judge to be held after the filing of the proposed schedule for an amended complaint and response. The initial case management conference and schedule for filing an initial case management order will be set in that telephone conference. Signed by Magistrate Judge Alistair Newbern on 1/22/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
	Request

18	Filed: 1/19/2018, Entered: 1/19/2018
	DECLARATION of Steven J. Toll filed by Oklahoma Firefighters Pension and Retirement System re: 16 MOTION to Appoint Counsel And Lead Plaintiff. (Attachments: # 1 Exhibit A, PSLRA Notice, # 2 Exhibit B, PSLRA Certification, # 3 Exhibit C, Oklahoma Fire Loss Chart, # 4 Exhibit D, Cohen Milstein Resume, # 5 Exhibit E, Branstetter Resume)(Stranch, James)
	Request

17	Filed: 1/19/2018, Entered: 1/19/2018
	MEMORANDUM in Support of 16 MOTION to Appoint Counsel And Lead Plaintiff filed by Oklahoma Firefighters Pension and Retirement System . (Stranch, James)
	Request

16	Filed: 1/19/2018, Entered: 1/19/2018
	MOTION to Appoint Counsel And Lead Plaintiff by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Exhibit A - Proposed Order)(Stranch, James)
	Request

15	Filed: 1/4/2018, Entered: 1/4/2018
	CORPORATE DISCLOSURE STATEMENT filed by Tivity Health, Inc.. (Crace, Joseph)
	Request

14	Filed: 12/20/2017, Entered: 12/20/2017
	ORDER granting 13 Motion for Jessica P. Corley and Lisa R. Bugni to Appear Pro Hac Vice. Signed by Magistrate Judge Alistair Newbern on 12/20/17. (gb)
	Request

13	Filed: 12/20/2017, Entered: 12/20/2017
	MOTION for attorney(s) Jessica P. Corley, Lisa R. Bugni to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-2578068) by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Attachments: # 1 Attachment - Certificates of Good Standing, # 2 Attachment - Proposed Order)(Crace, Joseph)
	Request

12	Filed: 12/19/2017, Entered: 12/20/2017
	STIPULATION AND ORDER: Within 5 business days after appointment of Lead Plaintiff in this action or in the consolidated action, as applicable, pursuant to the Reform Act, the parties shall file a proposed schedule regarding the filing of an amended complaint and the response thereto. Signed by Magistrate Judge Alistair Newbern on 12/19/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
	Request

11	Filed: 12/18/2017, Entered: 12/18/2017
	STIPULATION and Proposed Order by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Crace, Joseph)
	Request

10	Filed: 12/18/2017, Entered: 12/18/2017
	DISREGARD-WRONG PDF ATTACHED-ATTORNEY TO REFILESTIPULATION and Proposed Order by D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4. (Crace, Joseph) Modified on 12/18/2017 (af).
	Request

9	Filed: 12/18/2017, Entered: 12/18/2017
	NOTICE of Appearance by Joseph B. Crace, Jr on behalf of D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4 (Crace, Joseph)
	Request

8	Filed: 12/18/2017, Entered: 12/18/2017
	NOTICE of Appearance by Wallace Wordsworth Dietz on behalf of D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4 (Dietz, Wallace)
	Request

7	Filed: 12/7/2017, Entered: 12/7/2017
	ORDER granting 6 Motion for Eduard Korsinsky to Appear Pro Hac Vice. Signed by Magistrate Judge Alistair Newbern on 12/7/17. (gb)
	Request

6	Filed: 12/7/2017, Entered: 12/7/2017
	MOTION for attorney(s) Eduard Korsinsky to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2570226) by 99917F4. (Attachments: # 1 Attachment Certificate of Good Standing)(Holifield, James)
	Request

5	Filed: 12/1/2017, Entered: 12/1/2017
	ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/1/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
	Request

4	Filed: 11/21/2017, Entered: 11/21/2017
	NOTICE of Initial Case Management Conference set for 1/29/2018 at 09:30 AM in Courtroom 776 before Magistrate Judge Alistair Newbern. (gb)
	Request

3	Filed: 11/21/2017, Entered: 11/21/2017
	NOTICE of Corporate Disclosure Statement filing requirement. (gb)
	Request

2	Filed: 11/21/2017, Entered: 11/21/2017
	NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (gb)
	Request

1	Filed: 11/20/2017, Entered: 11/21/2017
	COMPLAINT against D0A4E52, 34FE43F, Tivity Health, Inc., BE11FE4 (Filing fee paid $400, Receipt number 0650-2559834), filed by 99917F4. (Summons not provided.) (Attachments: # 1 Exhibit Exhibit A, # 2 Attachment Civil Cover Sheet)(gb)
	Request

AI text generation	None
AI document summarization	None
AI-augmented search	None
AI-generated images	None
AI chat or Q&A interface	Linkable via MCP
Third party AI contribution in government documents	Possible