U.S. District Court Middle District of Tennessee...

US District Court Civil Docket as of February 26, 2020 Retrieved from the court on February 26, 2020

U.S. District Court Middle District of Tennessee (Nashville)

CIVIL DOCKET FOR CASE #: 3:11-cv-00433

Norfolk County Retirement System v. Community Health Systems, Inc. et al Assigned to: District Judge Eli J. Richardson Referred to: Magistrate Judge Alistair Newbern Cause: 15:78m(a) Securities Exchange Act

Date Filed: 05/09/2011 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff

Norfolk County Retirement System Individually and on Behalf of all Others Similarly Situated

represented by Christopher J. Keller Labaton Sucharow LLP 140 Broadway New York, NY 10005 (212) 907-0700 Fax: (212) 818-0477 Email: [email protected] ATTORNEY TO BE NOTICED James Gerard Stranch , IV Branstetter, Stranch & Jennings, PLLC 223 Rosa L. Parks Avenue Suite 200 Nashville, TN 37203 (615) 254-8801 Fax: (615) 255-5419 Email: [email protected] ATTORNEY TO BE NOTICED Michael W. Stocker Labaton Sucharow LLP 140 Broadway New York, NY 10005 (212) 907-0700 Fax: (212) 818-0477 Email: [email protected] TERMINATED: 05/08/2018 Rachel A. Avan Labaton Sucharow LLP 140 Broadway New York, NY 10005 (212) 907-0700

Fax: (212) 818-0477 Email: [email protected] ATTORNEY TO BE NOTICED William Michael Hamilton Provost, Umphrey Law Firm, LLP 4205 Hillsboro Pike Suite 303 Nashville, TN 37215 (615) 297-1932 Fax: (615) 297-1986 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

General Retirement System of the City of Detroit

represented by David S. Hagy David S. Hagy, Attorney at Law 1507 16th Avenue South Nashville, TN 37212 (615) 515-7774 Fax: (615) 975-7882 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

NYC Funds represented by Barbara J. Hart Lowey Dannenberg, PC 44 South Broadway Suite 1100 White Plains, NY 10601 (914) 997-0500 Fax: (914) 997-0035 Email: [email protected] ATTORNEY TO BE NOTICED David Harrison Lowey Dannenberg, PC 44 South Broadway Suite 1100 White Plains, NY 10601 (914) 997-0500 Fax: (914) 997-0035 Email: [email protected] ATTORNEY TO BE NOTICED Kyle A. Young Adams and Reese LLP (Nashville-Church Street) 424 Church Street Suite 2700 Nashville, TN 37219-0058

(615) 259-1450 Fax: (615) 259-1470 Email: [email protected] TERMINATED: 05/06/2016 Scott Vincent Papp Lowey Dannenberg, PC 44 South Broadway Suite 1100 White Plains, NY 10601 (914) 997-0500 Fax: (914) 997-0035 Email: [email protected] ATTORNEY TO BE NOTICED T. Harold Pinkley Butler Snow LLP (Nashville) The Pinnacle at Symphony Place 150 Third Avenue South Suite 1600 Nashville, TN 37201 (615) 503-9115 Fax: (615) 503-9101 Email: [email protected] TERMINATED: 05/23/2013 Thomas Skelton Lowey Dannenberg, PC 44 South Broadway Suite 1100 White Plains, NY 10601 (914) 997-0500 Fax: (914) 997-0035 Email: [email protected] ATTORNEY TO BE NOTICED William Michael Hamilton (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Alberta Investment Management Corp represented by James Gerard Stranch , IV (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

State-Boston Retirement System represented by James Gerard Stranch , IV (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

New York City Employees' Retirement System

represented by Barbara J. Hart (See above for address) ATTORNEY TO BE NOTICED Scott Vincent Papp (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

New York City Teachers' Retirement System Variable Annuity Program


Plaintiff

New York City Teachers' Retirement System


Plaintiff

New York City Fire Department Pension Fund


Plaintiff

New York City Police Pension Fund represented by Barbara J. Hart (See above for address) ATTORNEY TO BE NOTICED Scott Vincent Papp (See above for address) ATTORNEY TO BE NOTICED

V.

Consol Plaintiff

AIMCo/Boston represented by James Gerard Stranch , III Branstetter, Stranch & Jennings, PLLC 223 Rosa L. Parks Avenue Suite 200

Nashville, TN 37203 (615) 254-8801 Email: [email protected] ATTORNEY TO BE NOTICED James Gerard Stranch , IV (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff

Minneapolis Firefighters' Relief Association

represented by Frederic S. Fox Kaplan Kilsheimer & Fox, LLP 850 Third Avenue 14th Floor New York, NY 10022 (212) 687-1980 Fax: (212) 687-7714 Email: [email protected] ATTORNEY TO BE NOTICED Joel B. Strauss Kaplan Fox Kilsheimer LLP 850 Third Avenue 14th Floor New York, NY 10022 (212) 687-1980 Email: [email protected] ATTORNEY TO BE NOTICED Karen Hanson Riebel Lockridge Grindal Nauen PLLP 100 Washington Avenue South Suite 2200 Minneapolis, MN 55401 (612) 339-6900 Fax: (612) 339-0981 Email: [email protected] ATTORNEY TO BE NOTICED Michael K. Radford Allen & Newman, PLLC P.O. Box 110099 Nashville, TN 37222 (615) 376-2288 Email: [email protected] ATTORNEY TO BE NOTICED Pamela A. Mayer Kaplan Fox Kilsheimer LLP 850 Third Avenue

14th Floor New York, NY 10022 (212) 687-1980 Fax: (212) 687-7714 Email: [email protected] ATTORNEY TO BE NOTICED Richard A. Lockridge Lockridge Grindal Nauen PLLP 100 Washington Avenue South Suite 2200 Minneapolis, MN 55401 (612) 339-6900 Fax: (612) 339-0981 Email: [email protected] ATTORNEY TO BE NOTICED

Consol Plaintiff

De Zheng Individually and on Behalf of All Others Similarly Situated

represented by David J. George Robbins Geller Rudman & Dowd LLP 120 E Palmetto Park Road Suite 500 Boca Raton, FL 33432 (561) 750-3000 Fax: (561) 750-3364 Email: [email protected] TERMINATED: 12/14/2017 James L. Davidson Greenwald Davidson PLLC 5550 Glades Road Suite 500 Boca Raton, FL 33431 (561) 826-5477 Fax: (561) 961-5684 Email: [email protected] TERMINATED: 12/14/2017 James Gerard Stranch , III (See above for address) ATTORNEY TO BE NOTICED Jeffrey A. Berens Dyer & Berens LLP 303 E 17th Avenue Suite 300 Denver, CO 80203 (303) 861-1764 Fax: (303) 395-0393 Email: [email protected]

ATTORNEY TO BE NOTICED Michael I. Fistel , Jr. Johnson Fistel, LLP (Georgia Office) 40 Powder Springs Street Marietta, GA 30064 (770) 200-3104 Fax: (770) 200-3101 Email: [email protected] TERMINATED: 08/19/2014 Robert J. Robbins Robbins Geller Rudman & Dowd LLP 120 E Palmetto Park Road Suite 500 Boca Raton, FL 33432 (561) 750-3000 Fax: (561) 750-3364 Email: [email protected] ATTORNEY TO BE NOTICED

V.

Defendant

Community Health Systems, Inc. represented by Alison C. Barnes Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP 2000 K Street, NW 4th Floor Washington, DC 20006 (202) 775-4507 Fax: (202) 775-4510 Email: [email protected] ATTORNEY TO BE NOTICED Elizabeth O. Gonser Riley, Warnock & Jacobson 1906 West End Avenue Nashville, TN 37203 (615) 320-3700 Fax: (615) 320-3737 Email: [email protected] ATTORNEY TO BE NOTICED Evan Jude Saucier Kirkland & Ellis (NY) 601 Lexington Avenue New York, NY 10022-4611 (212) 446-4800 Fax: (212) 446-6460

Email: [email protected] TERMINATED: 09/20/2012 Gary A. Orseck Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP 2000 K Street, NW 4th Floor Washington, DC 20006 (202) 775-4504 Fax: (202) 775-4510 Email: [email protected] ATTORNEY TO BE NOTICED James Maxwell Cooper Kirkland & Ellis (NY) Citigroup Center 601 Lexington Avenue New York, NY 10022-4611 (212) 446-4800 Fax: (212) 446-4900 Email: [email protected] TERMINATED: 06/22/2015 Joel A. Blanchet Kirkland & Ellis (NY) 601 Lexington Avenue New York, NY 10022-4611 (212) 446-4800 Fax: (212) 446-6460 Email: [email protected] TERMINATED: 06/22/2015 John R. Jacobson Riley, Warnock & Jacobson 1906 West End Avenue Nashville, TN 37203 (615) 320-3700 Email: [email protected] ATTORNEY TO BE NOTICED Lisa V. LeCointe-Cephas Kirkland & Ellis (NY) 601 Lexington Avenue New York, NY 10022-4611 Email: [email protected] TERMINATED: 06/22/2015 Matthew Madden

Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP 2000 K Street, NW 4th Floor Washington, DC 20006 (202) 775-4500 Fax: (202) 775-4510 Email: [email protected] ATTORNEY TO BE NOTICED Michael L. Waldman Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP 2000 K Street, NW 4th Floor Washington, DC 20006 (202) 775-4500 Email: [email protected] ATTORNEY TO BE NOTICED Peter Duffy Doyle Proskauer Rose, LLP (NY Office) Eleven Times Square Eighth Avenue & 41st Street New York, NY 10036-8299 (212) 969-3688 Fax: (212) 969-2900 Email: [email protected] Seth D. Fier Proskauer Rose, LLP (NY Office) Eleven Times Square Eighth Avenue & 41st Street New York, NY 10036-8299 (212) 969-3000 Email: [email protected] Steven Allen Riley Riley, Warnock & Jacobson 1906 West End Avenue Nashville, TN 37203 (615) 320-3700 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Wayne T. Smith represented by Alison C. Barnes (See above for address) ATTORNEY TO BE NOTICED

Elizabeth O. Gonser (See above for address) ATTORNEY TO BE NOTICED Evan Jude Saucier (See above for address) TERMINATED: 09/20/2012 Gary A. Orseck (See above for address) ATTORNEY TO BE NOTICED James Maxwell Cooper (See above for address) TERMINATED: 06/22/2015 Joel A. Blanchet (See above for address) TERMINATED: 06/22/2015 John R. Jacobson (See above for address) ATTORNEY TO BE NOTICED Lisa V. LeCointe-Cephas (See above for address) TERMINATED: 06/22/2015 Michael L. Waldman (See above for address) ATTORNEY TO BE NOTICED Peter Duffy Doyle (See above for address) Seth D. Fier (See above for address) Steven Allen Riley (See above for address) ATTORNEY TO BE NOTICED

Defendant

W. Larry Cash represented by Alison C. Barnes (See above for address) ATTORNEY TO BE NOTICED Elizabeth O. Gonser (See above for address) ATTORNEY TO BE NOTICED

Evan Jude Saucier (See above for address) TERMINATED: 09/20/2012 Gary A. Orseck (See above for address) ATTORNEY TO BE NOTICED James Maxwell Cooper (See above for address) TERMINATED: 06/22/2015 Joel A. Blanchet (See above for address) TERMINATED: 06/22/2015 John R. Jacobson (See above for address) ATTORNEY TO BE NOTICED Lisa V. LeCointe-Cephas (See above for address) TERMINATED: 06/22/2015 Michael L. Waldman (See above for address) ATTORNEY TO BE NOTICED Peter Duffy Doyle (See above for address) Seth D. Fier (See above for address) Steven Allen Riley (See above for address) ATTORNEY TO BE NOTICED

V.

Consol Defendant

Thomas Mark Buford represented by Evan Jude Saucier Kirkland & Ellis (NY) Citigroup Center 601 Lexington Avenue New York, NY 10022-4611 (212) 446-4800 Fax: (212) 446-6460 Email: [email protected]

TERMINATED: 09/20/2012 James N. Bowen Riley, Warnock & Jacobson 1906 West End Avenue Nashville, TN 37203 (615) 320-3700 Email: [email protected] ATTORNEY TO BE NOTICED James Maxwell Cooper (See above for address) TERMINATED: 06/22/2015 Joel A. Blanchet Kirkland & Ellis (NY) Citigroup Center 601 Lexington Avenue New York, NY 10022-4611 (212) 446-4800 Fax: (212) 446-6460 Email: [email protected] TERMINATED: 06/22/2015 John R. Jacobson (See above for address) ATTORNEY TO BE NOTICED Milton S. McGee , III Riley, Warnock & Jacobson 1906 West End Avenue Nashville, TN 37203 615) 320-3700 Email: [email protected] ATTORNEY TO BE NOTICED Peter Duffy Doyle (See above for address)

Deponent

Gary D. Newsome represented by Abid R. Qureshi Latham & Watkins LLP (DC Office) 555 Eleventh Street, NW Suite 1000 Washington, DC 20004-1304 (202) 637-2240 Fax: (202) 637-2201 Email: [email protected] ATTORNEY TO BE NOTICED

Clarence J. Gideon , Jr. Gideon, Cooper & Essary PLC 315 Deaderick St. Suite 1100 Nashville, TN 37238 (615) 254-0400 Fax: (615) 254-0459 Email: [email protected] ATTORNEY TO BE NOTICED Justin B. Carter Gideon, Cooper & Essary PLC 315 Deaderick St. Suite 1100 Nashville, TN 37238 (615) 254-0400 Fax: (615) 254-0459 Email: [email protected] ATTORNEY TO BE NOTICED

Deponent

Carolyn Lipp represented by Donald W. Davis Brennan, Manna & Diamond, LLC 75 E Market Street Akron, OH 44308 (330) 253-5060 Fax: (330) 253-1977 Email: [email protected] ATTORNEY TO BE NOTICED Samuel P. Funk Sims Funk, PLC 3322 West End Avenue Suite 200 Nashville, TN 37203 (615) 292-9335 Fax: (615) 649-8565 Email: [email protected] ATTORNEY TO BE NOTICED

Objector

Edward M. Yarbrough Non-Party Edward M. Yarbrough

represented by Edward M. Yarbrough 6152386390 Fax: 6156876990 Email: [email protected] PRO SE

Date Filed # Docket Text

05/09/2011 1 COMPLAINT against W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith, filed by Norfolk County Retirement System. (filing fee paid $350.00) Summons issued. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons)(rd) (Entered: 05/09/2011)

05/09/2011 Bar status for attys James Gerard Stranch, IV of TN and Christopher J. Keller, Michael W. Stocker & Rachel A. Avan of NY verified as active this date. (rd) (Entered: 05/09/2011)

05/09/2011 NOTICE TO COUNSEL Christopher J. Keller, Michael W. Stocker and Rachel A. Avan of Labaton Sucharow LLP, New York, NY: WITHIN 20 DAYS (on or before 5/30/11), each 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)) (rd) (Entered: 05/09/2011)

05/09/2011 2 NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement. (rd) (Entered: 05/09/2011)

05/09/2011 3 NOTICE of Initial Case Management Conference set for 10:30 a.m. on Monday, 7/11/11 in Courtroom 661 before Magistrate Judge E. Clifton Knowles. (rd) (Entered: 05/09/2011)

05/24/2011 4 MOTION for attorney(s) Christopher J. Keller, Michael W. Stocker, Rachel A. Avan to Appear Pro Hac Vice (paid $225 PHV fee; receipt number 0650-1085261) by Norfolk County Retirement System. (Attachments: # 1 Attachment)(Stranch, James) (Entered: 05/24/2011)

05/25/2011 5 ORDER granting 4 Motion for Christopher J. Keller, Michael W. Stocker, and Rachel A. Avan to Appear Pro Hac Vice. Signed by Magistrate Judge E. Clifton Knowles on 5/25/2011. (hb) (Entered: 05/25/2011)

06/07/2011 6 NOTICE of Appearance by John R. Jacobson on behalf of W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith (Jacobson, John) (Entered: 06/07/2011)

06/07/2011 7 MOTION for attorney(s) Joel Alan Blanchet to Appear Pro Hac Vice for Defendants (Fee not paid-due within 20 days) by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Attachments: # 1 Proposed Order Granting Motion to Admit)(Jacobson, John) (Entered: 06/07/2011)

06/07/2011 8 CERTIFICATE OF GOOD STANDING of Attorney Joel Alan Blanchet from the United States District Court for the Southern of New York filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Jacobson, John) (Entered: 06/07/2011)

06/07/2011 9 MOTION for attorney(s) James Maxwell Cooper to Appear Pro Hac Vice for Defendants (Fee not paid-due within 20 days) by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Attachments: # 1 Proposed Order Granting Motion to Admit)(Jacobson, John) (Entered: 06/07/2011)

06/07/2011 10 CERTIFICATE OF GOOD STANDING of Attorney James Maxwell Cooper from the United States District Court for the Southern of New York filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Jacobson, John) (Entered: 06/07/2011)

06/07/2011 11 MOTION for attorney(s) Peter Duffy Doyle to Appear Pro Hac Vice for Defendants (Fee not paid-due within 20 days) by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Attachments: # 1 Proposed Order Granting Motion to Admit)(Jacobson, John) (Entered: 06/07/2011)

06/07/2011 12 CERTIFICATE OF GOOD STANDING of Attorney Peter Duffy Doyle from the United States District Court for the Southern of New York filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Jacobson, John) (Entered: 06/07/2011)

06/07/2011 13 MOTION for attorney(s) Evan Jude Saucier to Appear Pro Hac Vice for Defendants (Fee not paid-due within 20 days) by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Attachments: # 1 Proposed Order Granting Motion to Appear)(Jacobson, John) (Entered: 06/07/2011)

06/07/2011 14 CERTIFICATE OF GOOD STANDING of Attorney Evan Jude Saucier from the United States District Court for the Southern of New York filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Jacobson, John) (Entered: 06/07/2011)

06/09/2011 15 RECEIPT #34675017183 in the amount of $300.00 re 7 , 9 , 11 , and 13 Motions to Appear Pro Hac Vice for Joel Blanchet, James Cooper, Peter Doyle, Evan Saucier. (hb) (Entered: 06/09/2011)

06/13/2011 16 ORDER granting 9 Motion for James Maxwell Cooper to Appear Pro Hac Vice. Signed by Magistrate Judge E. Clifton Knowles on 6/13/2011. (hb) (Entered: 06/13/2011)

06/13/2011 17 ORDER granting 11 Motion for Peter Duffy Doyle to Appear Pro Hac Vice. Signed by Magistrate Judge E. Clifton Knowles on 6/13/2011. (hb) (Entered: 06/13/2011)

06/13/2011 18 ORDER granting 13 Motion for Evan Jude Saucier to Appear Pro Hac Vice. Signed by Magistrate Judge E. Clifton Knowles on 6/13/2011. (hb) (Entered: 06/13/2011)

06/14/2011 19 STIPULATION and [Proposed Order] (Joint) by W. Larry Cash, Community Health Systems, Inc., Norfolk County Retirement System, Wayne T. Smith. (Jacobson, John) (Entered: 06/14/2011)

06/21/2011 20 STIPULATION AND ORDER. Pursuant to the terms of the PSLRA, unless otherwise modified by the Court, discovery is stayed during the pendency of any motion to dismiss. The Initial Case Management Conference scheduled for July 11, 2011 at 10:30 AM is and shall be continued until a later date, as directed by the Court. Signed by Magistrate Judge E. Clifton Knowles on 6/21/11. (tmw) (Entered: 06/21/2011)

06/29/2011 21 CORPORATE DISCLOSURE STATEMENT filed by Community Health Systems, Inc.. (Jacobson, John) (Entered: 06/29/2011)

07/08/2011 22 MOTION for Leave to Appear Lead Plaintiff, MOTION to Appoint Counsel, MOTION to Consolidate Cases by General Retirement System of the City of Detroit. (Attachments: # 1 Proposed Order, # 2 Memorandum of Law, # 3 Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D)(Hagy, David) (Entered: 07/08/2011)

07/08/2011 23 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel by NYC Funds. (Pinkley, T.) (Entered: 07/08/2011)

07/08/2011 24 MEMORANDUM in Support of 23 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel filed by NYC Funds. (Pinkley, T.) (Entered: 07/08/2011)

07/08/2011 25 DECLARATION of Barbara J. Hart filed by NYC Funds re: 24 Memorandum in Support. (Attachments: # 1 Exhibit 1 - Certifications and Loss Analyses, # 2 Exhibit 2 - Initial Notice of Filing Class Action, # 3 Exhibit 3 - Norfolk v. Community Health Complaint, # 4 Exhibit 4 - Zeng v. Community Health Complaint, # 5 Exhibit 5 - Minneapolis Firefighters v. Community Health Complaint, # 6 Exhibit 6 - Resume of Lowey Dannenberg, # 7 Exhibit 7 - Resume of Miller & Martin)(Pinkley, T.) (Entered: 07/08/2011)

07/08/2011 26 DECLARATION of Karen J. Seemen filed by NYC Funds re: 24 Memorandum in Support. (Attachments: # 1 Exhibit 1 - Excerpts of 2/25/11 Settlement Hearing)(Pinkley, T.) (Entered: 07/08/2011)

07/08/2011 27 NOTICE by NYC Funds re 23 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel Proposed Order (Pinkley, T.) (Entered: 07/08/2011)

07/08/2011 28 NOTICE by NYC Funds re 24 Memorandum in Support NYC Funds' Notice of Unreported Cases (Attachments: # 1 Exhibit 1 - Burgraff v. Green Bankshares, Inc., # 2 Exhibit 2 - Eichholtz v. Verifone, # 3 Exhibit 3 - Garden City v. Psychiatric, # 4 Exhibit 4 - Goldberger v. PXRE, # 5 Exhibit 5 - In re: American Service, # 6 Exhibit 6 - In re: General Electric, # 7 Exhibit 7 - In re: Goodyear, # 8 Exhibit 8 - Vladimir v. Bioenvision, # 9 Exhibit 9 - Weiss v. Friedman)(Pinkley, T.) (Entered: 07/08/2011)

07/08/2011 29 MOTION to Consolidate Cases Appointment As Lead Plaintiff, and Approval of Selection of Counsel by Alberta Investment Management Corp, State-Boston Retirement System. (Attachments: # 1 Proposed Order)(Stranch, James) (Entered: 07/08/2011)

07/08/2011 30 MEMORANDUM in Support of 29 MOTION to Consolidate Cases Appointment As Lead Plaintiff, and Approval of Selection of Counsel filed by Alberta Investment Management Corp, State-Boston Retirement System. (Attachments: # 1 Attachment Appendix of Unreported Cases)(Stranch, James) (Entered: 07/08/2011)

07/08/2011 31 DECLARATION of J. Gerard Stranch, IV filed by Alberta Investment Management Corp, State-Boston Retirement System re: 29 MOTION to Consolidate Cases Appointment As Lead Plaintiff, and Approval of Selection of Counsel. (Attachments: # 1 Exhibit A - Certification, # 2 Exhibit B - Loss Analysis, # 3 Exhibit C - Notice, # 4 Exhibit D - Labton Resume, # 5 Exhibit E - Branstetter, Stranch & Jennings Resume)(Stranch, James) (Entered: 07/08/2011)

07/08/2011 32 DECLARATION of Carole Hunt and Daniel J. Greene filed by Alberta Investment Management Corp, State-Boston Retirement System re: 29 MOTION to Consolidate Cases Appointment As Lead Plaintiff, and Approval of Selection of Counsel. (Stranch, James) (Entered: 07/08/2011)

07/11/2011 33 ORDER granting 7 Motion for Atty Joel A. Blanchet to Appear Pro Hac Vice. Signed by Magistrate Judge E. Clifton Knowles on 7/11/11. (tmw) (Entered: 07/11/2011)

07/11/2011 Bar status of Attys Joel Alan Blanchet, James Maxwell Cooper, Peter Duffy Doyle and Evan Jude Saucier of NY verified as active this date. (tmw) (Entered: 07/11/2011)

07/13/2011 34 DECLARATION of Barbara J. Hart filed by NYC Funds re: 24 Memorandum in Support. (Attachments: # 1 Exhibit 1 - Corrected Summary of Loss Analyses, # 2 Exhibit 2 - Corrected Certification of NYCERS)(Pinkley, T.) (Entered: 07/13/2011)

07/15/2011 35 MOTION for attorney(s) Barbara J. Hart to Appear Pro Hac Vice (Fee not paid-due within 20 days) by NYC Funds. (Attachments: # 1 Proposed Order granting Motion to Appear Pro Hac Vice)(Pinkley, T.) (Entered: 07/15/2011)

07/15/2011 36 CERTIFICATE OF GOOD STANDING of Attorney Barbara J. Hart from the United States District Court for the Southern of New York filed by NYC Funds. (Pinkley, T.) (Entered: 07/15/2011)

07/15/2011 37 MOTION for attorney(s) David Harrison to Appear Pro Hac Vice (Fee not paid-due within 20 days) by NYC Funds. (Attachments: # 1 Proposed Order granting Motion to Appear Pro Hac Vice)(Pinkley, T.) (Entered: 07/15/2011)

07/15/2011 38 CERTIFICATE OF GOOD STANDING of Attorney David Harrison from the United States District Court for the Southern District of New York filed by NYC Funds. (Pinkley, T.) (Entered: 07/15/2011)

07/15/2011 39 MOTION for attorney(s) Thomas Skelton to Appear Pro Hac Vice (Fee not paid-due within 20 days) by NYC Funds. (Attachments: # 1 Proposed Order granting Motion to Appear Pro Hac Vice)(Pinkley, T.) (Entered: 07/15/2011)

07/15/2011 40 CERTIFICATE OF GOOD STANDING of Attorney Thomas Skelton from the United States District Court for the Southern District of New York filed by NYC Funds. (Pinkley, T.) (Entered: 07/15/2011)

07/15/2011 Bar status of Attys Barbara J. Hart, Thomas Skelton and David Harrison of NY verified as active this date. (tmw) (Entered: 07/15/2011)

07/15/2011 41 RECEIPT #34675017616 in the amount of $225, PHV fees for Attys Barbara J. Hart, David Harrison and Thomas Skelton, posted by NYC Funds re 35 , 37 and 39 Motions to Appear Pro Hac Vice. (tmw) (Entered: 07/15/2011)

07/18/2011 42 ORDER granting 35 , 37 and 39 Motions for Barbara J. Hart, David Harrison and Thomas Skelton to Appear Pro Hac Vice. Signed by Magistrate Judge E. Clifton Knowles on 7/18/11. (tmw) (Entered: 07/19/2011)

07/21/2011 43 RESPONSE to Motion re 23 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel, 29 MOTION to Consolidate Cases Appointment As Lead Plaintiff, and Approval of Selection of Counsel Notice of Non-Opposition filed by General Retirement System of the City of Detroit. (Hagy, David) (Entered: 07/21/2011)

07/22/2011 44 STIPULATION (Joint) to Set Briefing and Hearing Schedule by Alberta Investment Management Corp, NYC Funds, Norfolk County Retirement System, State-Boston Retirement System. (Attachments: # 1 Proposed Order)(Stranch, James) (Entered: 07/22/2011)

07/25/2011 45 RESPONSE in Opposition re 29 MOTION to Consolidate Cases Appointment As Lead Plaintiff, and Approval of Selection of Counsel NYC Funds' Response in Further Support of Their Motion for Consolidation, Appointment as Lead Plaintiff, and Approval as Lead Counsel filed by NYC Funds. (Pinkley, T.) (Entered: 07/25/2011)

07/25/2011 46 DECLARATION of David C. Harbison filed by NYC Funds re: 45 Response in Opposition to Motion,. (Attachments: # 1 Exhibit 1 - Comparison Charts, # 2 Exhibit 2 - Excerpts from Memorandum of Law in Support of Motion of Public School Teachers, et al., # 3 Exhibit 3 - Excerpts from Memorandum of Law re: Motion of Massachusetts Public Pension Funds, # 4 Exhibit 4 - Excerpts from Memorandum of Law re: Pension Funds' Motion, # 5 Exhibit 5 - Excerpts from Pension Funds in Support of Appointment as Lead Counsel)(Pinkley, T.) (Entered: 07/25/2011)

07/25/2011 47 NOTICE of Filing by NYC Funds re 45 Response in Opposition to Motion, Notice of Filing Unreported Cases (Attachments: # 1 Exhibit 1-9 of Unreported Cases, # 2 Exhibit 10-18 of Unreported Cases)(Pinkley, T.) (Entered: 07/25/2011)

07/25/2011 48 MEMORANDUM of Law In Further Support of 29 Motion of Alberta Investment Management Corp. and State-Boston Retirement System for Consolidation, Appointment as Lead Plaintiff, and Approval of Selection of Counsel, And in Opposition To The Competing Motions, by Alberta Investment Management Corp, State-Boston Retirement System. (Stranch, James) Modified text on 7/27/2011 (tmw). (Entered: 07/25/2011)

07/25/2011 49 APPENDIX of Unreported Cases, filed by Alberta Investment Management Corp and State-Boston Retirement System. (Stranch, James) Modified text on 7/27/2011 (tmw). (Entered: 07/25/2011)

07/25/2011 50 ADDITIONAL ATTACHMENTS re 49 Appendix, filed by Alberta Investment Management Corp, State-Boston Retirement System . (Stranch, James) Modified text on 7/27/2011 (tmw). (Entered: 07/25/2011)

07/27/2011 51 ORDER: Plaintiffs' Motions 22 , 23 and 29 are hereby REFERRED to the Magistrate Judge E. Clifton Knowles for consideration and a hearing, if necessary. It is so ORDERED. Signed by Senior Judge John T. Nixon on 7/27/11. (tmw) (Entered: 07/27/2011)

08/08/2011 52 REPLY to Response to Motion for Consolidated, Appointment as Lead Plaintiff, and Approval of Selection of Counsel filed by Alberta Investment Management Corp, State-Boston Retirement System. (Attachments: # 1 Attachment Appendix of Unreported Cases)(Stranch, James) (Entered: 08/08/2011)

08/08/2011 53 REPLY to Response to Motion re 23 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel filed by NYC Funds. (Hart, Barbara) (Entered: 08/08/2011)

08/08/2011 54 DECLARATION of David C. Harrison filed by NYC Funds re: 53 Reply to Response to Motion. (Attachments: # 1 Exhibit Average Cost Basis of Fire's Losses)(Hart, Barbara) (Entered: 08/08/2011)

08/08/2011 55 NOTICE by NYC Funds re 53 Reply to Response to Motion for Consolidation, Appointment as Lead Plainitiff and Selection of Lead Counsel (Attachments: # 1 Exhibit 1 through 12 containing Unreported Decisions)(Hart, Barbara) (Entered: 08/08/2011)

10/21/2011 56 NOTICE by NYC Funds re 23 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel Supplemental Authority (Attachments: # 1 Exhibit A - Bensley v. Falconstor Software)(Hart, Barbara) (Entered: 10/21/2011)

10/24/2011 Note to filer Barbara Hart re DE 56 : Pursuant to Court Policy and Procedure and Local Rule 5.01, Certificates of Service must include the names and full addresses for all persons served (whether served electronically or by other means), what was served, method of service, and date of service. THE CERTIFICATE OF SERVICE SHALL BE RE-FILED. (hb) (Entered: 10/24/2011)

10/24/2011 57 CERTIFICATE OF SERVICE by NYC Funds re 56 Notice (Other) of Supplemental Authority in Support of the New York City Funds' Motion for Consolidation, Appointment as Lead Plaintiff, and Approval of Lead Counsel (Hart, Barbara) (Entered: 10/24/2011)

11/01/2011 58 RESPONSE To The NYC Funds' Notice Of Supplemental Authority. (Stranch, James) (Entered: 11/01/2011)

11/07/2011 Note to filer J. Gerard Stranch re DE 58 : Pursuant to Court Policy and Procedure and Local Rule 5.01, Certificates of Service must include the names and full addresses for all persons served (whether served electronically or by other means), what was served, method of service, and date of service. THE CERTIFICATE OF SERVICE SHALL BE RE-FILED. (hb) (Entered: 11/07/2011)

11/07/2011 59 CERTIFICATE of Service filed by Alberta Investment Management Corp, State-Boston Retirement System re Docket Annotation, 58 Response (Non-Motion or 2255 Petition) filed by Alberta Investment Management Corp. (Stranch, James) (Entered: 11/07/2011)

11/28/2011 60 REPORT AND RECOMMENDATION: The undersigned RECOMMENDS that the Motions for Consolidation 23 be GRANTED; MOTION for Leave to Appear Lead Plaintiff 22 be DENIED; and the Motion fo Alberta/Boston for Appointment as Lead Plaintiff and Approval of Selection of Counsel 29 be DENIED. Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has fourteen (14) 16 days after service of this Report and Recommendation in which to file any written objections to this Recommendation with the District Court. Any party opposing said objections shall have fourteen (14) days after service of any objections filed to this Report in which to file any response to said objections. Failure to file specific objections within fourteen (14) days of service of this Report and Recommendation can constitute a waiver of further appeal of this Recommendation. Signed by Magistrate Judge E. Clifton Knowles on 11/28/2011. (hb) (Entered: 11/28/2011)

12/16/2011 61 MOTION for attorney(s) Scott Vincent Papp to Appear Pro Hac Vice (FEE PIAD) by NYC Funds. (Attachments: # 1 Exhibit Certificate of Good Standing for Scott Papp)(Young, Kyle) Modified text on 12/27/2011 (hb). (Entered: 12/16/2011)

12/19/2011 Note to filer Kyle Young re DE 61 : Pursuant to Court Policy and Procedure and Local Rule 5.01, Certificates of Service must include the names and full addresses for all persons served (whether served electronically or by other means), what was served, method of service, and date of service. THE CERTIFICATE OF SERVICE SHALL BE RE-FILED. (hb) (Entered: 12/19/2011)

12/22/2011 62 CERTIFICATE OF SERVICE by NYC Funds re 61 MOTION for attorney(s) Scott Vincent Papp to Appear Pro Hac Vice (Fee not paid-due within 20 days) (Young, Kyle) (Entered: 12/22/2011)

12/27/2011 63 RECEIPT #34675019744 in the amount of $75.00 re 61 Motion to Appear Pro Hac Vice for Atty. Scott Vincent Papp. (hb) (Entered: 12/27/2011)

01/03/2012 64 ORDER: The Court finds the Report to be thorough and its recommendations to be well-founded. The Court therefore ADOPTS the Report 60 in its entirety. The above-captioned cases are hereby CONSOLIDATED under the lead case 3:11-cv-0433, and all future filings are to be made in this action. The Court further DENIES Detroit's Motion 22 and Alberta/Boston's Motion 29 . The Court GRANTS NYC Fund's Motion 23 , Appoints NYC Funds as lead Plaintiff in the consolidated action, and APPROVES the counsel selected by NYC Funds as lead counsel. Signed by Senior Judge John T. Nixon on 12/28/2011. (dt) (Entered: 01/03/2012)

01/05/2012 65 ORDER: Pending before the Court is Plaintiff, NYC Funds', Motion for Admission Pro Hac Vice for Attorney Scott Vincent Papp. Docket No. 61 . This Motion is granted, as well as the Motions filed in the Member Case Nos. 3:11-451 (Docket No. 62) and 3:11-601 (Docket No. 54). Signed by Magistrate Judge E. Clifton Knowles on 1/5/2012. (hb) (Entered: 01/05/2012)

04/16/2012 66 STIPULATION and [Proposed] Scheduling Order by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Blanchet, Joel) (Entered: 04/16/2012)

05/01/2012 67 ORDER: NOW, THEREFORE, based on the foregoing recitals, the parties, by and through their respective counsel, hereby stipulate and agree as follows: 1) Within ten (10) days of entry of this Order, Defendants will provide Lead Plaintiff with the Produced Documents; 2) Lead Plaintiff shall have 60 days from receipt of the Produced Documents to file a consolidated and amended complaint; 3) Defendants shall have 60 days from the filing of the consolidated complaint to answer or otherwise respond to the consolidated complaint; 4) Lead Plaintiff shall have 60 days from the filing of any answer or response to the consolidated complaint to object thereto; 5) Defendants shall have 45 days from the filing of any objection by Lead Plaintiff to reply thereto; and 6) The parties agree that all other dates shall be determined by a subsequent scheduling order. IT IS SO STIPULATED. SO ORDERED. Signed by Magistrate Judge E. Clifton Knowles on 5/1/12. (afs) (Entered: 05/02/2012)

07/13/2012 68 AMENDED COMPLAINT -- LEAD PLAINTIFF'S [REDACTED] CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS against W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith, filed by NYC Funds. (Attachments: # 1 Attachment CERTIFICATE OF SERVICE)(Papp, Scott) (Entered: 07/13/2012)

07/13/2012 69 MOTION to Seal Document MOTION FOR LEAVE TO FILE UNREDACTED CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS UNDER SEAL by NYC Funds. (Papp, Scott) (Entered: 07/13/2012)

07/13/2012 70 Sealed Document LEAD PLAINTIFF'S [UNREDACTED] CONSOLIDATED CLASS ACTION COMPLAINT filed by NYC Funds. (Papp, Scott) (Entered: 07/13/2012)

07/17/2012 Note to Filer re DE# 68 69 and 70 : These documents are scanned documents; scanning should only be used for documents not created on your computer. This document does not need to be re-filed unless otherwise directed by the Court. (afs) (Entered: 07/17/2012)

07/19/2012 71 ORDER: Pending before the Court is Plaintiffs' Motion for Leave to File Unredacted Consolidated Class Action Complaint for Violations of Federal Securities Laws Under Seal ("Motion") (Doc. No. 69), which pertains to one document (Doc. No. 70).

Plaintiffs' Motion is hereby GRANTED; the aforementioned document may be filed under seal. It is so ORDERED. Entered this 19th day of July, 2012. Signed by Senior Judge John T. Nixon on 7/19/12. (afs) (Entered: 07/19/2012)

09/11/2012 72 NOTICE by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith (of Withdrawal of Counsel - Evan J. Saucier) (Jacobson, John) (Entered: 09/11/2012)

09/11/2012 73 MOTION to Dismiss the Amended Consolidated Complaint by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Jacobson, John) (Entered: 09/11/2012)

09/11/2012 74 MEMORANDUM in Support of 73 MOTION to Dismiss the Amended Consolidated Complaint filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Attachments: # 1 Exhibit 1 - Clinical Guidelines for Inpatient Care (2003), # 2 Exhibit 2 - Clinical Guidelines for Inpatient Care (2006), # 3 Exhibit 2 - Clinical Guidelines for Inpatient Care (2007)(Part 1 of 2), # 4 Exhibit 3 - Clinical Guidelines for Inpatient Care (2007)(Part 2 of 2), # 5 Exhibit 4 - Clinical Guidelines for Inpatient Care (2009), # 6 Exhibit 5 - Clinical Guidelines for Inpatient Care (2010), # 7 Exhibit 6 - Press release, # 8 Attachment Ureported cases (1 of 3), # 9 Attachment Unreported cases (2 of 3), # 10 Attachment Unreported cases (3 of 3))(Jacobson, John) (Entered: 09/11/2012)

09/19/2012 75 MOTION to Substitute Attorney by NYC Funds. (Pinkley, T.) (Entered: 09/19/2012)

11/02/2012 76 (DISREGARD - ENTERED in ERROR) MOTION for Extension of Time to File Response/Reply as to 73 MOTION to Dismiss the Amended Consolidated Complaint by NYC Funds. (Hamilton, William) Modified Text on 11/2/2012 (dt). (Entered: 11/02/2012)

11/02/2012 77 (DISREGARD - ENTERED in ERROR) MOTION for Extension of Time to File Response/Reply by Norfolk County Retirement System. (Hamilton, William) Modified Text on 11/2/2012 (dt). (Entered: 11/02/2012)

11/02/2012 DOCKET ANNOTATION: Disregard DE #76 - entered in error. (dt) (Entered: 11/02/2012)

11/02/2012 78 MOTION for Extension of Time to File Response/Reply by Norfolk County Retirement System. (Hamilton, William) Modified on 11/5/2012 (afs). (Entered: 11/02/2012)

11/02/2012 DOCKET ANNOTATION: Disregard DE #77 - entered in error. (dt) (Entered: 11/02/2012)

11/05/2012 Note to Filer re DE# 78 : This document is a scanned document; scanning should only be used for documents not created on your computer. This document does not need to be re-filed unless otherwise directed by the Court. (afs) (Entered: 11/05/2012)

11/05/2012 79 ORDER granting 78 Motion for Extension of Time to File Response/Reply re 73 MOTION to Dismiss the Amended Consolidated Complaint Replies due by 1/11/2013. Signed by Magistrate Judge E. Clifton Knowles on 11/5/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 11/05/2012)

11/12/2012 80 MOTION for attorney(s) Lisa V. LeCointe-Cephas to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1406944) by W. Larry Cash, Community Health

Systems, Inc., Wayne T. Smith. (Attachments: # 1 Proposed Order Granting Motion to Admit)(Jacobson, John) (Entered: 11/12/2012)

11/12/2012 81 CERTIFICATE OF GOOD STANDING of Attorney Lisa V. LeCointe-Cephas from the United States District Court for the Southern District of New York filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Jacobson, John) (Entered: 11/12/2012)

11/13/2012 BAR STATUS for Attorney, Lisa V. LeCointe-Cephas verified as active on this date. (afs) (Entered: 11/13/2012)

11/13/2012 82 ORDER: IT IS HEREBY ORDERED that Lisa V. LeCointe-Cephas, of the firm Kirkland & Ellis, LLP, 601 Lexington Avenue, New York, NY 10022, is hereby admitted pro hac vice in this case as co-counsel for Defendants Community Health Systems, Inc., Wayne T. Smith and Larry Cash. Signed by Magistrate Judge E. Clifton Knowles on 11/13/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 11/13/2012)

11/20/2012 83 RESPONSE in Opposition re 73 MOTION to Dismiss the Amended Consolidated Complaint , including Lead Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss filed by NYC Funds. (Attachments: # 1 Table 1 - Chart of Confidential Witnesses, # 2 Table 2 - Table of Defendants' Class Period Statements, # 3 Exhibit 1 - Tenet Complaint, # 4 Exhibit 2 - Excerpts of CHS's Proxy Statement, # 5 Unreported Cases)(Papp, Scott) (Entered: 11/20/2012)

01/11/2013 84 REPLY to Response to re 73 MOTION to Dismiss the Amended Consolidated Complaint filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Attachments: # 1 Exhibit 1 - Affidavit of Lisa Bell-Lindisch, # 2 Exhibit 2 - Declaration of Derron Derouin, # 3 Exhibit 3 - Dec. 28, 2012 Correspondence, # 4 Exhibit 4 - Jan. 7, 2013 Correspondence, # 5 Exhibit 5 - Jan. 10, 2013 Correspondence, # 6 Attachment Unreported Case Law)(Jacobson, John) Modified on 1/17/2013 (afs). (Entered: 01/11/2013)

01/22/2013 85 MOTION for Leave to File a Sur-Reply in Further Opposition to Defendants' Motion to Dismiss re 73 MOTION to Dismiss the Amended Consolidated Complaint by NYC Funds. (Papp, Scott) (Entered: 01/22/2013)

01/23/2013 86 ORDER granting 85 Motion for Leave to File a Sur-Reply. Signed by Magistrate Judge E. Clifton Knowles on 1/23/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 01/23/2013)

01/23/2013 87 RESPONSE in Opposition re 73 MOTION to Dismiss the Amended Consolidated Complaint ; Sur-Reply in Further Opposition to Motion to Dismiss filed by NYC Funds. (Papp, Scott) (Entered: 01/23/2013)

05/23/2013 88 ORDER: Pending before the Court is a Motion for Substitution of Counsel ("Motion"), filed by Lead Plaintiff NYC Funds. (Doc. No. 75.) Lead Plaintiff requests the Court substitute current local counsel-T. Harold Pinkley of Butler, Snow, O'Mara, Stevens & Cannada, PLLC-with Michael Hamilton of Provost Umphrey Law Firm, LLP. (Id. at 1.) Accordingly, the Court GRANTS the Motion. Signed by Senior Judge John T. Nixon on 5/22/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 05/23/2013)

12/09/2013 89 MOTION for Leave to File Document Under Seal by Norfolk County Retirement System. (Hamilton, William) (Entered: 12/09/2013)

12/09/2013 90 Sealed Document filed by Norfolk County Retirement System. (Hamilton, William) (Entered: 12/09/2013)


12/12/2013 92 MOTION for Leave to File Document Under Seal by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Jacobson, John) (Entered: 12/12/2013)

12/12/2013 93 Sealed Document Defendants' Opposition to Plaintiffs' Motion for Leave to File Supplemental Memorandum of Law in Opposition to Defendants' Motion to Dismiss filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Attachments: # 1 Attachment Unreported Case Law)(Jacobson, John) (Entered: 12/12/2013)

12/16/2013 94 ORDER granting 89 Motion for Leave to File Document Under Seal. Signed by Magistrate Judge E. Clifton Knowles on 12/16/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 12/16/2013)

12/16/2013 95 ORDER granting 92 Motion for Leave to File Document Under Seal. Signed by Magistrate Judge E. Clifton Knowles on 12/16/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 12/16/2013)

02/27/2014 96 MOTION for Leave to File Document Under Seal by Norfolk County Retirement System. (Hamilton, William) Modified on 2/27/2014 (af). (Entered: 02/27/2014)


02/28/2014 98 ORDER granting 96 Motion for Leave to File Document Under Seal. Signed by Magistrate Judge E. Clifton Knowles on 2/28/14. (afs) (Entered: 02/28/2014)

03/12/2014 99 NOTICE of Change of Address by William Michael Hamilton (Hamilton, William) (Entered: 03/12/2014)

04/10/2014 100 MOTION to Withdraw as Attorney by De Zheng. (Fistel, Michael) (Entered: 04/10/2014)

06/24/2014 101 NOTICE by NYC Funds re 83 Response in Opposition to Motion, LEAD PLAINTIFFS' NOTICE OF SUPPLEMENTAL AUTHORITY (Papp, Scott) (Entered: 06/24/2014)

06/26/2014 102 NOTICE of Change of Address by Peter Duffy Doyle (Doyle, Peter) (Entered: 06/26/2014)

08/04/2014 103 MOTION for attorney(s) Seth D. Fier to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1813264) by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Attachments: # 1 Proposed Order Proposed Order)(Jacobson, John) (Entered: 08/04/2014)

08/04/2014 104 CERTIFICATE OF GOOD STANDING of Attorney Seth D Fier from the United States District Court for the Southern of New York filed by W. Larry Cash,

Community Health Systems, Inc., Wayne T. Smith. (Jacobson, John) (Entered: 08/04/2014)

08/06/2014 BAR STATUS for Attorney, Seth D. Fier of NY, verified as active on this date. (afs) (Entered: 08/06/2014)

08/06/2014 105 NOTICE by NYC Funds of Recent Settlement Between the U.S. Justice Department and Community Health Systems, Inc. (Papp, Scott) (Entered: 08/06/2014)

08/06/2014 106 ORDER granting 103 Motion for Seth D. Fier to Appear Pro Hac Vice. Signed by Magistrate Judge E. Clifton Knowles on 8/6/14. (afs) (Entered: 08/06/2014)

08/19/2014 107 ORDER granting 100 Motion to Withdraw as Attorney. Attorney Michael I. Fistel, Jr terminated. Signed by Senior Judge John T. Nixon on 8/19/14. (afs) (Entered: 08/19/2014)

08/22/2014 108 NOTICE by NYC Funds of Recent Corporate Integrity Agreement Between the U.S. Office of Inspector General and Community Health Systems, Inc. (Papp, Scott) (Entered: 08/22/2014)

09/22/2014 109 NOTICE of Appearance by Steven Allen Riley on behalf of W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith (Riley, Steven) (Entered: 09/22/2014)

09/23/2014 110 ORDER OF RECUSAL. I hereby recuse myself in the above-styled action. Magistrate Judge E. Clifton Knowles recused. Case reassigned to Magistrate Judge Joe Brown for all further proceedings. Signed by Magistrate Judge E. Clifton Knowles on 9/23/14. (afs) (Entered: 09/23/2014)

09/24/2014 BAR STATUS for Attorney, Steven Allen Riley of TN, verified as active on this date. (afs) (Entered: 09/24/2014)

10/07/2014 111 NOTICE by NYC Funds Lead Plaintiff's Notice of Supplemental Authority (Papp, Scott) (Entered: 10/07/2014)

01/14/2015 112 MOTION for Discovery and to Lift the PSLRA Discovery Stay by NYC Funds. (Papp, Scott) Modified on 4/21/2015 (afs). (Entered: 01/14/2015)

01/14/2015 113 MEMORANDUM in Support of 112 MOTION for Discovery and to Lift the PSLRA Discovery Stay filed by NYC Funds . (Papp, Scott) (Entered: 01/14/2015)

01/14/2015 114 DECLARATION of Scott V. Papp filed by NYC Funds re: 112 MOTION for Discovery and to Lift the PSLRA Discovery Stay. (Attachments: # 1 Exhibit Tenet Corp. Complaint, # 2 Exhibit Settlement Agreement between CHS and the United States Department of Justice, # 3 Exhibit CHS Form 10-Q (filed on October 28, 2014), # 4 Exhibit September 28, 2011 Order, # 5 Exhibit Amended Complaint in Derivative Action, # 6 Exhibit September 27, 2013 Order, # 7 Exhibit November 10, 2014 Case Management Order, # 8 Exhibit December 22, 2014 Order, # 9 Exhibit CHS Form 8-K (filed on Jan. 27, 2014), # 10 Exhibit LinkedIn Profile of Carolyn Lipp, # 11 Exhibit Bloomberg article, dated January 10, 2014, # 12 Exhibit New York Times article, dated January 23, 2014, # 13 Exhibit Modern Healthcare article, dated June 13, 2011)(Papp, Scott) (Entered: 01/14/2015)

01/14/2015 115 MOTION for Hearing re 112 MOTION for Discovery and to Lift the PSLRA Discovery Stay by NYC Funds. (Papp, Scott) (Entered: 01/14/2015)

01/16/2015 116 ORDER: The motion for a hearing 115 is GRANTED and this matter is set for a telephone conference on Thursday, January 29, 2015, at 10:00 a.m. To participate in the conference call, parties will call 877-873-8017 and enter Code 1958322# at the scheduled time. Signed by Magistrate Judge Joe Brown on 1/16/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 01/16/2015)

01/29/2015 Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference re 112 Motion to Lift the PSLRA Discovery Stay held on 1/29/2015. Order to enter. (rd) (Entered: 01/29/2015)

01/29/2015 117 STIPULATION AND [PROPOSED] PROTECTIVE ORDER by W. Larry Cash, Community Health Systems, Inc., NYC Funds, Wayne T. Smith. (Papp, Scott) (Entered: 01/29/2015)

01/29/2015 118 ORDER The proposed Stipulation and Protective Order (Docket Entry 117) is approved. (Brown, Joe) (Entered: 01/29/2015)

01/29/2015 119 ORDER: As a result of the conference the parties are requested to resubmit a proposed case management plan along with the protective order that has been discussed Signed by Magistrate Judge Joe Brown on 1/29/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 01/29/2015)

01/29/2015 120 STIPULATION AND PROTECTIVE ORDER. Signed by Magistrate Judge Joe Brown on 1/29/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 01/29/2015)

01/30/2015 121 INITIAL CAE MANAGEMENT ORDER: Pursuant to Local Rule 16.01(d)(2) of the Local Rules of the Middle District of Tennessee, the following Initial Case Management Plan is adopted. Signed by Magistrate Judge Joe Brown on 1/30/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 01/30/2015)

04/17/2015 122 Letter from Lead Plaintiff NYC Funds to U.S. Magistrate Judge Joe B. Brown requesting Case Management Conference. (Papp, Scott) (Entered: 04/17/2015)

04/21/2015 123 ORDER: Lead counsel for the Plaintiff in this matter has advised the Court that mediation was unsuccessful (Docket Entry 122 ) and in accordance with the case management order (Docket Entry 121 ) the Magistrate Judge hereby sets a case management conference for May 11, 2015, at 3:00 p.m., Courtroom 783. Signed by Magistrate Judge Joe Brown on 4/21/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 04/21/2015)

04/22/2015 124 ORDER: This matter has been set for an in-court case management conference by previous order (Docket Entry 123 ). That Order is AMENDED to say, the Magistrate Judge hereby sets a case management conference by telephone for May 11, 2015, at 3:00 p.m. (CST). To participate in the call, the parties are directed to dial (877) 873-8017 and enter Access Code 1958322# when prompted. Signed by Magistrate Judge Joe Brown on 4/22/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 04/22/2015)

05/04/2015 125 Transcript filed for date of January 29, 2015 before Judge Joe Brown. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314,

[email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 5/11/2015. Redaction Request due 5/26/2015. Redacted Transcript Deadline set for 6/4/2015. Release of Transcript Restriction set for 8/3/2015. (RH) (Entered: 05/04/2015)

05/11/2015 126 MOTION for attorney(s) Gary A. Orseck to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1981301) by Community Health Systems, Inc.. (Attachments: # 1 Attachment Proposed Order)(Riley, Steven) (Entered: 05/11/2015)

05/11/2015 127 CERTIFICATE OF GOOD STANDING of Attorney Gary A. Orseck from the United States District Court of District of Columbia filed by Community Health Systems, Inc.. (Riley, Steven) (Entered: 05/11/2015)

05/11/2015 128 MOTION for attorney(s) Alison Barnes to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1981307) by Community Health Systems, Inc.. (Attachments: # 1 Attachment Proposed Order)(Riley, Steven) (Entered: 05/11/2015)

05/11/2015 129 CERTIFICATE OF GOOD STANDING of Attorney Alison Barnes from the United States District Court of District of Columbia filed by Community Health Systems, Inc.. (Riley, Steven) (Entered: 05/11/2015)

05/11/2015 130 MOTION for attorney(s) Michael Lawrence Waldman to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1981312) by Community Health Systems, Inc.. (Attachments: # 1 Attachment Proposed Order)(Riley, Steven) (Entered: 05/11/2015)

05/11/2015 131 CERTIFICATE OF GOOD STANDING of Attorney Michael Lawrence Waldman from the United States District Court of District of Columbia filed by Community Health Systems, Inc.. (Riley, Steven) (Entered: 05/11/2015)

05/11/2015 132 ORDER granting 128 Motion for Alison Barnes to Appear Pro Hac Vice (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Brown, Joe) (Entered: 05/11/2015)

05/11/2015 133 ORDER granting 126 Motion for Gary A. Orseck to Appear Pro Hac Vice (Brown, Joe) (Entered: 05/11/2015)

05/11/2015 134 ORDER granting 130 Motion for Michael Lawrence Waldman to Appear Pro Hac Vice. (Brown, Joe) Modified Text on 5/14/2015 (dt). (Entered: 05/11/2015)

05/11/2015 BAR STATUS FOR Attorneys, Gary A. Orseck, Alison Barnes and Michael Lawrence Waldman of DC verified as active on this date. (afs) (Entered: 05/11/2015)

05/11/2015 Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 5/11/2015. Order to enter. (rd) (Entered: 06/08/2015)

05/13/2015 135 ORDER OF RECUSAL: Pending before the Court is Lead Plaintiffs Motion to Lift the PSLRA Discovery Stay. (Doc. No. 112 .) The Court hereby GRANTS the Motion

and LIFTS the stay. Moreover, pursuant to 28 U.S.C. §§ 294(b), the undersigned is unable or unwilling to continue undertaking this matter. Accordingly, I hereby RECUSE myself and return this case to the Clerk of Court for reassignment to another judge. It is so ORDERED. Case reassigned to District Judge Aleta A. Trauger for all further proceedings. Signed by Senior Judge John T. Nixon on 5/12/15. (afs) (Entered: 05/13/2015)

05/13/2015 BAR STATUS for Attorneys, Gary A. Orseck, Alison Barnes and Michael Lawrence Waldman of DC, verified as active on this date. (afs) (Entered: 05/13/2015)

05/13/2015 136 FIRST AMENDED CASE MANAGEMENT ORDER. Signed by Magistrate Judge Joe Brown on 5/13/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 05/13/2015)

05/18/2015 137 MOTION for Reconsideration re 135 Order of Recusal, Terminate Motions,,,, of Inconsistent Orders Regarding the PSLRA Stay of Discovery by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Riley, Steven) (Entered: 05/18/2015)

05/18/2015 138 MEMORANDUM in Support of 137 MOTION for Reconsideration re 135 Order of Recusal, Terminate Motions,,,, of Inconsistent Orders Regarding the PSLRA Stay of Discovery filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith . (Attachments: # 1 Exhibit A - 2015.05.13 SPapp to Brown (1st Am CMO), # 2 Attachment Unreported Case Law)(Riley, Steven) (Entered: 05/18/2015)

05/20/2015 139 MOTION for Hearing Motion for a Case Management Conference by NYC Funds. (Attachments: # 1 Exhibit Current Draft of Proposed CMO, # 2 Exhibit Unreported Decision - Sapssov v. Health Management Assoc.)(Papp, Scott) (Entered: 05/20/2015)

05/21/2015 Note to Filer re DE# 139 : This document is a scanned document; scanning should only be used for documents not created on your computer. This document does not need to be re-filed unless otherwise directed by the Court. (afs) (Entered: 05/21/2015)

05/21/2015 140 NOTICE of Appearance by Elizabeth O. Gonser on behalf of W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith (Gonser, Elizabeth) (Entered: 05/21/2015)

05/21/2015 141 NOTICE by NYC Funds re 83 Response in Opposition to Motion, Notice of Supplemental Authority (Hart, Barbara) (Entered: 05/21/2015)

05/21/2015 142 CERTIFICATE OF SERVICE by NYC Funds re 141 Notice (Other) of Supplemental Authority (Hart, Barbara) (Entered: 05/21/2015)

05/21/2015 143 CERTIFICATE OF SERVICE by NYC Funds re 142 Certificate of Service (Supplemental) (Hart, Barbara) (Entered: 05/21/2015)

05/22/2015 BAR STATUS for Attorney, Elizabeth O. Gonser of TN, verified as active on this date. (afs) (Entered: 05/22/2015)

05/27/2015 144 ORDER: The defendants' Motion, Pursuant To Local Rule 7.01(b), For Reconsideration Of Inconsistent Orders Regarding The PSLRA Stay Of Discovery (Docket No. 137 ) is GRANTED. It is hereby ORDERED that the portion of Senior Judge Nixon's Order entered May 13, 2015, that lifts the PSLRA discovery stay in its entirety (Docket No. 135 ) is VACATED. The Lead Plaintiffs Motion For A Case Management Conference (Docket No. 139 ) is DENIED. Signed by District Judge

Aleta A. Trauger on 5/27/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 05/27/2015)

05/28/2015 145 NOTICE by NYC Funds re 83 Response in Opposition to Motion, NOTICE OF SUPPLEMENTAL AUTHORITY (Attachments: # 1 Exhibit Glickenhaus & Co. v. Household International, Inc., No. 13-3532, 2015 U.S. Dist. App. 8424 (7th Cir. May 21, 2015))(Papp, Scott) (Entered: 05/28/2015)

06/01/2015 146 NOTICE of Appearance by Alison C. Barnes on behalf of W. Larry Cash, Wayne T. Smith (Barnes, Alison) (Entered: 06/01/2015)

06/01/2015 147 NOTICE of Appearance by Gary A. Orseck on behalf of W. Larry Cash, Wayne T. Smith (Orseck, Gary) (Entered: 06/01/2015)

06/02/2015 BAR STATUS for Attorneys, Gary A. Orseck, and Alison C. Barnes of DC verified as active on this date. (afs) (Entered: 06/02/2015)

06/02/2015 148 NOTICE of Appearance by Michael L. Waldman on behalf of W. Larry Cash, Wayne T. Smith (Waldman, Michael) (Entered: 06/02/2015)

06/02/2015 149 NOTICE by NYC Funds re 83 Response in Opposition to Motion, Notice of Filing of Petition for En Banc Review of the HMA Decision (Attachments: # 1 Exhibit Petition for Rehearing En Banc in Sapssov v. Health Mgmt. Assoc., No. 14-12838 (11th Cir))(Papp, Scott) (Entered: 06/02/2015)

06/04/2015 150 MOTION for Hearing re 73 MOTION to Dismiss the Amended Consolidated Complaint by NYC Funds. (Papp, Scott) (Entered: 06/04/2015)

06/05/2015 151 NOTICE by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith re 74 Memorandum in Support,,, of Supplemental Authorities (Attachments: # 1 Exhibit A -Pension Fund Group v Tempur-Pedic, # 2 Exhibit B - Meyer v. Greene, # 3 Exhibit C - In re KBC Asset Management NV, # 4 Exhibit D - Loos v. Immersion Corp, # 5 Exhibit E - Central States SE & SW Areas Pension Fund v. Federal Home Loan Mo, # 6 Exhibit F - Sapssov v. Health Management Associates Inc, # 7 Exhibit G - CtW letter, # 8 Exhibit H - SEIU letter, # 9 Attachment Unreported Case Law)(Riley, Steven) (Entered: 06/05/2015)

06/11/2015 152 NOTICE by Thomas Mark Buford, W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith of Withdrawal of counsel James Maxwell Cooper (Blanchet, Joel) (Entered: 06/11/2015)

06/11/2015 153 NOTICE by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith of Withdrawal of counsel - Lisa V. LeCointe Cephas (Blanchet, Joel) (Entered: 06/11/2015)

06/11/2015 154 NOTICE by Thomas Mark Buford, W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith of Withdrawal of counsel - Joel A. Blanchet (Blanchet, Joel) (Entered: 06/11/2015)

06/15/2015 155 NOTICE by NYC Funds re 151 Notice (Other),, 83 Response in Opposition to Motion, in Response To Defendants Notice Of Supplemental Authorities (Papp, Scott) (Entered: 06/15/2015)

07/22/2015 156 NOTICE by NYC Funds of Supplemental Authority (Hart, Barbara) (Entered: 07/22/2015)

07/28/2015 157 NOTICE by NYC Funds re 83 Response in Opposition to Motion, Notice of Supplemental Authorities (Attachments: # 1 Exhibit Employees' Ret. Sys. v. Blanford, # 2 Exhibit Loreley Fin. v. Wells Fargo)(Papp, Scott) (Entered: 07/28/2015)

08/18/2015 158 ORDER: Telephone Conference set for 8/19/2015 at 2:00 PM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 8/18/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 08/18/2015)


08/20/2015 159 ORDER: The amended complaint will be filed on or before October 5, 2015. Any motions to dismiss will be filed by November 4, 2015. Responses are due by December 2, 2015, and replies, if any, and limited to 10 pages absent Court permission for a longer pleading, are due by December 16, 2015. Motions 73 and 150 are termed. Signed by Magistrate Judge Joe Brown on 8/20/15. (Attachments: # 1 Exhibit Pre-Teleconference Joint Status Report)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 08/20/2015)

08/25/2015 160 MOTION for attorney(s) Matthew Madden to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2047051) by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Attachments: # 1 Attachment Proposed Order)(Riley, Steven) (Entered: 08/25/2015)

08/25/2015 161 CERTIFICATE OF GOOD STANDING of Attorney Matthew Michael Madden from the United States District Court of Columbia filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Riley, Steven) (Entered: 08/25/2015)

08/26/2015 162 Transcript filed for dates of 8/19/15 before Judge Joe Brown. Court Reporter/Transcriber: Dorothy Stiles, 509-458-3465, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 9/2/2015. Redaction Request due 9/16/2015. Redacted Transcript Deadline set for 9/28/2015. Release of Transcript Restriction set for 11/24/2015. (af) (Entered: 08/26/2015)

08/26/2015 163 ORDER granting 160 Motion for Matthew Madden to Appear Pro Hac Vice (Brown, Joe) (Entered: 08/26/2015)

08/26/2015 BAR STATUS for Attorney, Matthew Madden of DC, verified as active on this date. (afs) (Entered: 08/26/2015)

08/26/2015 NOTICE TO COUNSEL: Matthew Madden, Counsel must submit a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted. (afs) (Entered: 08/26/2015)

08/27/2015 164 CERTIFICATE OF GOOD STANDING of Attorney Matthew M. Madden from the United States District Court of Columbia filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Riley, Steven) (Entered: 08/27/2015)

10/01/2015 165 MOTION to Seal Document UNOPPOSED MOTION FOR LEAVE TO FILE FIRST AMENDED AND CONSOLIDATED COMPLAINT UNDER SEAL by NYC Funds. (Attachments: # 1 Attachment Proposed Order)(Papp, Scott) (Entered: 10/01/2015)

10/01/2015 166 ORDER granting 165 Motion to Seal Document. Signed by Magistrate Judge Joe Brown on 10/1/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 10/01/2015)

10/05/2015 167 SEALED FIRST AMENDED AND CONSOLIDATED CLASS ACTION COMPLAINT. (dt) Modified Text on 10/6/2015 (dt). (Entered: 10/06/2015)

10/12/2015 168 MOTION for Hearing Telephonic Conference by NYC Funds. (Papp, Scott) (Entered: 10/12/2015)

10/13/2015 169 ORDER: Pending in this matter is Plaintiff's Motion for a Telephone Conference (Docket Entry 168). The motion 168 is GRANTED. A telephone conference call is set with the Magistrate Judge for Thursday, October 15, 2015, at 3:00 p.m. Signed by Magistrate Judge Joe Brown on 10/13/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 10/13/2015)

10/15/2015 170 AMENDED COMPLAINT FIRST AMENDED AND CONSOLIDATED CLASS ACTION COMPLAINT [REDACTED] against W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith, filed by New York City Teachers' Retirement System, New York City Fire Department Pension Fund, New York City Teachers' Retirement System Variable Annuity Program, New York City Police Pension Fund, New York City Employees' Retirement System.(Papp, Scott) (Entered: 10/15/2015)


10/16/2015 171 ORDER: A telephone conference was held with the parties in this matter on 10/15/2015. Signed by Magistrate Judge Joe Brown on 10/16/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(rd) (Entered: 10/16/2015)

10/16/2015 172 Pre-Teleconference Joint Statement submitted by the parties. (rd) (Entered: 10/16/2015)

10/16/2015 173 PROPOSED SECOND AMENDED CASE MANAGEMENT ORDER submitted by the parties. (rd) (Entered: 10/16/2015)

10/20/2015 174 SECOND AMENDED CASE MANAGEMENT ORDER: Amended Pleadings due by 5/2/2016. Dispositive Motions due by 3/21/2017. Replies due by 5/2/2017. Signed by Magistrate Judge Joe Brown on 10/20/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 10/20/2015)

10/28/2015 175 MOTION for Leave to Exceed Page Limits (Unopposed) by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Riley, Steven) (Entered: 10/28/2015)

10/29/2015 176 ORDER granting in part and denying in part 175 Motion for Leave to file excess pages on briefs. After consulting with Judge Trauger the motion and response may be 35 Pages and any reply 10 pages. (Brown, Joe) (Entered: 10/29/2015)

11/04/2015 177 MOTION to Dismiss the Amended Complaint by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Orseck, Gary) (Entered: 11/04/2015)

11/04/2015 178 MEMORANDUM in Support of 177 MOTION to Dismiss the Amended Complaint filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith . (Attachments: # 1 Attachment Combined Case Law)(Orseck, Gary) (Entered: 11/04/2015)

11/04/2015 179 DECLARATION of Gary Orseck filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith re: 178 Memorandum in Support, 177 MOTION to Dismiss the Amended Complaint. (Attachments: # 1 Exhibit 1 - 9.15.10 SEIU Letter, # 2 Exhibit 2 - Q2 2011 Earnings Conference Call Transcript, # 3 Exhibit 3 - Q1 2011 Earnings Conference Call Transcript, # 4 Exhibit 4 - Q3 2011 Earnings Conference Call Transcript)(Orseck, Gary) (Entered: 11/04/2015)

11/25/2015 180 NOTICE by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith to Take the Deposition of Non-Party Joseph Zebrowitz, M.D. (Barnes, Alison) (Entered: 11/25/2015)

12/02/2015 181 MOTION to Seal MOTION FOR LEAVE TO FILE LEAD PLAINTIFF'S OPPOSTION TO MOTION TO DISMISS UNDER SEAL by NYC Funds. (Papp, Scott) (Entered: 12/02/2015)

12/02/2015 182 NOTICE to Take Deposition of Non-Party Gary D. Newsome by NYC Funds.(Papp, Scott) (Entered: 12/02/2015)

12/02/2015 183 NOTICE by NYC Funds REVISED Notice to Take the Deposition of Non-Party Gary D. Newsome (Papp, Scott) (Entered: 12/02/2015)

12/02/2015 NOTE TO FILER DE 182 and 183 Pursuant to the Local Rules of this Court, discovery material such as this is not to be filed. (afs) (Entered: 12/02/2015)

12/02/2015 184 ORDER granting Plaintiff's 181 Unopposed Motion for Leave to File Opposition to Motion to Dismiss Under Seal. Signed by Magistrate Judge Joe Brown on 12/2/15. (rd) (Entered: 12/02/2015)

12/02/2015 185 Sealed Document Opposition to Defendants' Motion to Dismiss filed by NYC Funds. (Attachments: # 1 Attachment Unpublished Decisions)(Papp, Scott) (Entered: 12/02/2015)

12/02/2015 186 Sealed Document Declaration of Scott V. Papp in Opposition to Defendants' Motion to Dismiss filed by NYC Funds. (Attachments: # 1 Exhibit Excerpts from Tenet Corp. Complaint, # 2 Exhibit 8/4/14 DOJ Press Release, # 3 Exhibit CHSI 2009 Form 10-K, # 4 Exhibit 9/27/13 Order in Derivation Action, # 5 Exhibit CHSI 2008 Form 10-K, # 6 Exhibit 2/2/15 DOJ Press Release, # 7 Exhibit CHSI Form 8-K (4/18/11), # 8 Exhibit HSI Form 8-K (4/25/11))(Papp, Scott) (Entered: 12/02/2015)

12/03/2015 187 MOTION to Strike 185 Sealed Document Lead Plaintiff's Non-Conforming Memorandum of Law in Opposition to Defendants' Motion to Dismiss by W. Larry

Cash, Community Health Systems, Inc., Wayne T. Smith. (Attachments: # 1 Exhibit A - Order (In re Oil Spill by the Oil Rig)(Riley, Steven) (Entered: 12/03/2015)

12/04/2015 188 ORDER: The defendants have filed a Motion to Strike Lead Plaintiff's Non-Conforming Memorandum of Law in Opposition to Defendants' Motion to Dismiss 187 . The court has scanned the "offending" document and does not find it abusive of the page limit. The actual text of the Memorandum is 35 pages, and the only single-spacing that the court sees, upon scanning the document, is block quotations, for which single-spacing is appropriate. The motion to strike is, therefore, DENIED. However, in case the court has erred in its parsing of the document, the court will allow the defendants one extra page for their reply brief. Signed by District Judge Aleta A. Trauger on 12/7/15. (dt) (Entered: 12/07/2015)

12/14/2015 189 RESPONSE in Opposition re 177 MOTION to Dismiss the Amended Complaint (Public Version) filed by NYC Funds. (Attachments: # 1 Attachment Unpublished Decisions)(Papp, Scott) (Entered: 12/14/2015)

12/14/2015 190 DECLARATION of Scott V. Papp in Opposition to Defendants' Motion to Dismiss (Public Version) filed by NYC Funds re: 189 Response in Opposition to Motion. (Attachments: # 1 Exhibit Excerpts from Tenet Corp Complaint, # 2 Exhibit 8/4/14 DOJ Press Release, # 3 Exhibit CHSI 2009 Form 10-K, # 4 Exhibit 9/27/13 Order in Derivative Action, # 5 Exhibit CHSI 2008 Form 10-K, # 6 Exhibit 2/2/15 DOJ Press Release, # 7 Exhibit CHSI Form 8-K (4/18/11), # 8 Exhibit CHSI Form 8-K (4/25/11))(Papp, Scott) (Entered: 12/14/2015)

12/16/2015 191 REPLY to Response to Motion re 177 MOTION to Dismiss the Amended Complaint filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Attachments: # 1 Attachment Unreported Case Law)(Orseck, Gary) (Entered: 12/16/2015)

12/16/2015 192 MOTION for Hearing re 177 MOTION to Dismiss the Amended Complaint by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Riley, Steven) (Entered: 12/16/2015)

12/22/2015 193 ORDER OF RECUSAL. I hereby recuse myself in this case. The file shall be returned to the Clerk for reassignment to another judge. District Judge Aleta A. Trauger recused. Case reassigned to Senior Judge William J. Haynes, Jr for all further proceedings. Signed by District Judge Aleta A. Trauger on 12/22/15. (afs) (Entered: 12/22/2015)

12/22/2015 194 ORDER: A telephone conference call is set with the Magistrate Judge for Thursday, January 7, 2016, at 3:00 p.m. to discuss discovery issues. Signed by Magistrate Judge Joe Brown on 12/22/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 12/23/2015)

12/29/2015 195 NOTICE by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith of Deposition and Subpoena for Non-Party Amalgamated Bank (Madden, Matthew) (Entered: 12/29/2015)

12/29/2015 196 NOTICE by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith of Deposition and Subpoena for Non-Party Goldman Sachs Asset Management (Madden, Matthew) (Entered: 12/29/2015)

12/29/2015 197 NOTICE by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith of Deposition and Subpoena for Non-Party Loomis Sayles & Co. (Madden, Matthew) (Entered: 12/29/2015)

12/29/2015 198 NOTICE by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith of Deposition and Subpoena for Non-Party Paradigm Asset Management Co. LLC (Madden, Matthew) (Entered: 12/29/2015)

12/29/2015 199 NOTICE by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith of Deposition and Subpoena for Non-Party PIMCO (Madden, Matthew) (Entered: 12/29/2015)

12/29/2015 200 NOTICE by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith of Deposition and Subpoena for Non-Party Progress Investment Management Company (Madden, Matthew) (Entered: 12/29/2015)

12/29/2015 201 NOTICE by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith of Deposition and Subpoena for Non-Party Pyramis Global Advisors (Madden, Matthew) (Entered: 12/29/2015)

01/05/2016 202 JOINT Statement Of The Parties Regarding Discovery Issues To Be Addressed During The January 7, 2016 Telephonic Hearing Before The Honorable Joe E. Brown.. (Attachments: # 1 Exhibit E-mail dated 11/25/15, # 2 Exhibit Letter dated 12/11/15, # 3 Exhibit E-mail dated 12/16/15, # 4 Exhibit Letter dated 12/23/15, # 5 Exhibit CHS-Norfolk_00837113-115, # 6 Exhibit Letter dated 12/23/15, # 7 Exhibit Letter dated 12/31/15)(Papp, Scott) (Entered: 01/05/2016)


01/08/2016 203 ORDER: A telephone conference was held at 3:00 pm on January 7, 2016 to discuss several discovery issues. Signed by Magistrate Judge Joe Brown on 1/8/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 01/08/2016)

01/08/2016 204 JOINT STATEMENT submitted by the parties prior to 1/7/2016 telephone conference. (Attachments: # 1 Exhibit 1 - emails, # 2 Exhibit 2 - 12/11/2015 letter, # 3 Exhibit 3 - 12/16/2015 email, # 4 Exhibit 4 - 12/23/2015 letter, # 5 Exhibit 5 - letter, # 6 Exhibit 6 - 12/23/2015 letter, # 7 Exhibit 7 - 12/31/2015 letter)(rd) (Entered: 01/08/2016)

01/08/2016 205 ORDER OF RECUSAL. Pursuant to 28 U.S.C. § 294(b), the undersigned is unable or unwilling to undertake this matter. Accordingly, I hereby RECUSE myself and return this case to the Clerk of Court for reassignment to another judge Senior Judge William J. Haynes, Jr recused. Case reassigned to Chief Judge Kevin H. Sharp for all further proceedings. Signed by Senior Judge William J. Haynes, Jr on 1/7/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 01/08/2016)

01/11/2016 206 ORDER: MOTION 192 GRANTED; Hearing set for Monday, April 11, 2016, at 10:00 a.m. Signed by Chief Judge Kevin H. Sharp on 1/11/16. (afs) (Entered: 01/11/2016)

02/02/2016 207 ORDER: At the request of the parties, a telephone conference is set for Wednesday, February 3, 2016, at 3:00 p.m., to discuss discovery issues. Signed by Magistrate

Judge Joe Brown on 2/2/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 02/02/2016)


02/05/2016 208 ORDER: A lengthy telephone conference was held with the parties in this matter on February 3, 2016. Despite the rather short joint submission of the issues to be discussed at the telephone conference (which will be filed as an attachment to this order) the issues presented turned out to be difficult and complex. Signed by Magistrate Judge Joe Brown on 2/5/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Additional attachment(s) added on 2/5/2016: # 1 Attachment Joint Statement of the parties) (rd). (Entered: 02/05/2016)

02/09/2016 209 Transcript (Telephone Conference) filed for date of February 3, 2016 before Judge Joe Brown. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 2/16/2016. Redaction Request due 3/1/2016. Redacted Transcript Deadline set for 3/11/2016. Release of Transcript Restriction set for 5/9/2016. (RH) (Entered: 02/09/2016)

03/16/2016 210 ORDER: At the request of the parties, a telephone conference is set for Friday, March 18, 2016, at 3:30 p.m. Signed by Magistrate Judge Joe Brown on 3/16/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 03/16/2016)


03/21/2016 211 ORDER: The Magistrate Judge held a telephone conference on March 18, 2016 to address two discovery issues. The parties submitted a joint statement of the issues in advance of the call. The Clerk is directed to file the joint statement and its exhibits with this Order. The Magistrate Judge hereby extends the discovery deadlines in both 3:11- cv-433 and 3:11-cv-489 to September 30, 2016. Signed by Magistrate Judge Joe Brown on 3/21/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 03/21/2016)

03/21/2016 212 JOINT STATEMENT OF THE PARTIES. (Attachments: # 1 Exhibit 1-ED Quality Project Action Plan, # 2 Exhibit Observation Task Force Physician Issues December 13, 2010, # 3 Exhibit 3-August 15, 2006 Memo, # 4 Exhibit 4-Email from Carolyn Lipp to Rob Diaz, # 5 Exhibit 5-Observation Status, # 6 Exhibit 6-Community Health Systems Agenda, # 7 Exhibit 7-Email from Debbie Cothem to Carolyn Lipp dated 8-6-2007, # 8 Exhibit 8-Order, # 9 Exhibit 9-CHS-Deposition Schedule, # 10 Exhibit 10-Transcript of Electronic Recording, # 11 Exhibit 11-Letter from Scott Papp to, #

12 Exhibit Schedule of Facility Transition to Inter Qual, # 13 Exhibit 13-Order, # 14 Exhibit 14-Letter to Peter Doyle from Benny C. Goodman III, dated August 19, 2015, # 15 Exhibit 15-Email from Benny Goodman to Peter Doyle 12-22-15)(afs) (Entered: 03/21/2016)

03/21/2016 213 ORDER: At the request of counsel, a telephone conference call is set with the Magistrate Judge for Thursday, March 24, 2016, at 11:00 a.m. To participate in the conference call, the parties are directed to dial (877) 873-8017 and enter Access Code 1958322# at the scheduled time. Signed by Magistrate Judge Joe Brown on 3/21/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 03/21/2016)

03/21/2016 The exhibits to the 212 joint submission of the parties have been placed under seal pursuant to directives prior to the conference call. (rd) (Entered: 03/21/2016)


03/25/2016 214 *DISREGARD ENTERED IN ERROR* ORDER: The Magistrate Judge held a telephone conference on March 18, 2016 to address two discovery issues. The parties submitted a joint statement of the issues in advance of the call. The Clerk is directed to file the joint statement and its exhibits with this Order. The Magistrate Judge hereby extends the discovery deadlines in both 3:11-cv-433 and 3:11-cv-489 to September 30, 2016. Signed by Magistrate Judge Joe Brown on 3/25/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 3/25/2016 (dt). (Entered: 03/25/2016)

03/25/2016 215 *DISREGARD ENTERED IN ERROR* SEALED JOINT SUBMISSION OF THE PARTEIS REGARDING DISCOVERY ISSUES TO BE ADDRESSED DURING THE 3/18/16 TELEPHONE HEARING. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(dt) Modified on 3/25/2016 (dt). (Entered: 03/25/2016)

03/25/2016 DOCKET ANNOTATION: Disregard DE #214 AND 215 - entered in error. (dt) (Entered: 03/25/2016)

03/28/2016 216 ORDER: A telephone conference was held on March 24, 2016 to discuss another series of discovery disputes. Upon consideration of the parties arguments, the undersigned orders the following. The Defendants are ORDERED to produce a list of the MCM dates during the relevant period. With respect to the documents produced by the Defendants, the Defendants are further ORDERED to identify which documents are associated with each MCM, ERM meeting, and BOD meeting. Signed by Magistrate Judge Joe Brown on 3/28/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 03/28/2016)

03/28/2016 217 Sealed Document - Joint Statement, filed by Clerk per DE 216 . (afs) (Entered: 03/28/2016)

03/28/2016 218 Sealed Document - Exhibit 1 to Joint Statement 217 filed by Clerk per DE 216 (afs) Modified on 3/28/2016 (afs). (Entered: 03/28/2016)

03/28/2016 219 Sealed Document - Exhibit 2 to Joint Statement 217 filed by Clerk per DE 216 . (afs) (Entered: 03/28/2016)

03/28/2016 220 Sealed Document - Exhibit 3 to Joint Statement 217 filed by Clerk per DE 216 (afs) (Entered: 03/28/2016)










03/28/2016 230 Sealed Document - Exhibit 13 to Joint Statement 217 filed by Clerk per DE 216 . (Entered: 03/28/2016)



04/04/2016 233 ORDER: At the request of counsel, a telephone conference with Magistrate Judge Joe Brown is set for Tuesday, April 12, 2016, at 10:00 a.m. to discuss discovery issues. Signed by Magistrate Judge Joe Brown on 4/4/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 04/04/2016)

04/04/2016 234 NOTICE of Filing by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith re 177 MOTION to Dismiss the Amended Complaint (of Supplemental Authority in Support of Defendants' Motion to Dismiss the Amended Complaint) (Attachments: # 1 Attachment Supplemental Authority (Lubbers v Flagstar))(Orseck, Gary) (Entered: 04/04/2016)

04/06/2016 235 NOTICE of Filing by NYC Funds re 234 Notice (Other), 177 MOTION to Dismiss the Amended Complaint of Lead Plaintiff's Response to Defendants' Notice of Supplemental Authority (Papp, Scott) (Entered: 04/06/2016)

04/11/2016 Minute Entry for proceedings held before Chief Judge Kevin H. Sharp: Motion Hearing held on 4/11/2016 re 177 MOTION to Dismiss the Amended Complaint filed by Community Health Systems, Inc., W. Larry Cash, Wayne T. Smith. Order to enter. (Court Reporter Traci Walker.) (ab) (Entered: 04/11/2016)

04/11/2016 236 ORDER: In accordance with the Magistrate Judge's request, the parties have submitted an unofficial joint Glossary of Acronyms commonly used in consolidated case numbers 3:11-cv-433 and 3:11-cv-489. So that the glossary will be available to all the judges involved with these cases, the glossary will be filed as an exhibit to this Order. Signed by Magistrate Judge Joe Brown on 4/11/16. (Attachments: # 1 Exhibit-Glossary of Acronyms) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 04/11/2016)

04/12/2016 237 ORDER: At the parties' request, a telephone conference with the Magistrate Judge was held on April 12, 2016. In anticipation of the telephone conference, the parties submitted a joint statement of the issues to be discussed. The Clerk is directed to file the parties' joint statement and its attachments. Amended Pleadings due by 7/15/2016. Signed by Magistrate Judge Joe Brown on 4/12/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 04/12/2016)

04/12/2016 238 JOINT Statement. (Attachments: # 1 Exhibit 1- 4-7-16 email at 1:57 pm, # 2 Exhibit 2- 3-29-16 email at 5:56 am, # 3 Exhibit 3- 4-6-16 email at 9:33 am, # 4 Exhibit 4- 4-2-16 email, # 5 Exhibit 5- CMO Scheduling Chart)(afs) (Entered: 04/12/2016)

04/12/2016 Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 4/12/2016. Order entered. (rd) (Entered: 04/18/2016)

04/13/2016 239 Transcript filed (Telephone Conference) for date of March 18, 2016 before Judge Joe Brown. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 4/20/2016. Redaction Request due 5/4/2016. Redacted Transcript Deadline set for 5/16/2016. Release of Transcript Restriction set for 7/12/2016. (RH) (Entered: 04/13/2016)

04/13/2016 240 Transcript filed (Telephone conference) for date of March 24, 2016 before Judge Joe Brown. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 4/20/2016. Redaction Request due

5/4/2016. Redacted Transcript Deadline set for 5/16/2016. Release of Transcript Restriction set for 7/12/2016. (RH) (Entered: 04/13/2016)

04/20/2016 241 (**Revised at DE 242**) Transcript filed for dates of April 11, 2016 before Judge Kevin Sharp. Court Reporter: Traci Walker, 770-344-7653, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 4/27/2016. Redaction Request due 5/11/2016. Redacted Transcript Deadline set for 5/23/2016. Release of Transcript Restriction set for 7/19/2016. (tw) Modified on 4/26/2016 (af). (Entered: 04/20/2016)

04/26/2016 242 REVISED Transcript filed for dates of 4/11/16 before Judge Kevin Sharp. Court Reporter/Transcriber: Traci Walker, 770-344-7653, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 5/3/2016. Redaction Request due 5/17/2016. Redacted Transcript Deadline set for 5/27/2016. Release of Transcript Restriction set for 7/25/2016. (af) (Entered: 04/26/2016)

05/09/2016 243 THIRD AMENDED CASE MANAGEMENT ORDER: Discovery due by 9/30/2016. Dispositive Motions due by 4/21/2017. Signed by Magistrate Judge Joe Brown on 5/9/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 05/09/2016)

05/26/2016 244 Letter from David C. Harrison. (Attachments: # 1 Exhibit A)(Papp, Scott) (Entered: 05/26/2016)

05/27/2016 245 Letter from Matthew Madden. (Madden, Matthew) (Entered: 05/27/2016)

05/29/2016 246 ORDER The Plaintiffs have notified the court they wish an in camera review of ten items (Docket Entry 244) The Defendants have replied (Docket Entry 245). In their reply they state this is the first notice there is an issue over the ten items and they are willing to work with Plaintiff's counsel to see if they can resolved the issue without the need for the court to review the documents. This seems a reasonable procedure. If the parties cannot resolve the matter after discussion the documents may be submitted for review on or before June 6, 2016. (Brown, Joe) (Entered: 05/29/2016)

06/07/2016 247 ORDER: The Magistrate Judge has received for in camera inspection various notes and documents that the Plaintiff believes are relevant and have been improperly

withheld by the Defendants. Signed by Magistrate Judge Joe Brown on 6/7/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 06/08/2016)

06/16/2016 248 MEMORANDUM Signed by Chief Judge Kevin H. Sharp on 6/16/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 06/16/2016)

06/16/2016 249 ORDER: For the reasons set forth in the accompanying Memorandum, the Motion to Dismiss the Amended Complaint 177 filed by Defendants Community Health Systems, Inc., Wayne T. Smith, and Larry Cash is hereby GRANTED and this case is DISMISSED WITH PREJUDICE. The Clerk of the Court shall enter a final judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure. Signed by Chief Judge Kevin H. Sharp on 6/16/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 06/16/2016)

06/16/2016 250 Entry of Judgment re 249 Order. (dt) (Entered: 06/16/2016)

06/27/2016 251 NOTICE OF APPEAL as to 249 Order on Motion to Dismiss,, 248 Memorandum Opinion of the Court, 250 Entry of Judgment, ENTRY OF JUDGMENT - DOCKET CLERK by New York City Employees' Retirement System, New York City Fire Department Pension Fund, New York City Police Pension Fund, New York City Teachers' Retirement System, New York City Teachers' Retirement System Variable Annuity Program. Filing fee $ 505, receipt number 0650-2231435. (Papp, Scott) (Entered: 06/27/2016)

06/05/2017 252 NOTICE of Change of Address by Scott Vincent Papp (Papp, Scott) (Entered: 06/05/2017)

12/13/2017 253 INFORMATION COPY from 6CCA: THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION THEREOF, it is ORDERED that the judgment of the district court is REVERSED, and the case REMANDED for further proceedings consistent with the opinion of this court. (MANDATE TO ISSUE) (af) (Main Document 253 replaced on 12/13/2017 per re-send from the 6CCA with a corrected version) (af). Modified on 12/13/2017 (af). (Entered: 12/13/2017)

12/13/2017 Chief Judge Waverly D. Crenshaw, Jr assigned to the case per the filing of the 6CCA Information Copy at DE 253 and eventual reopening of the case once the Mandate issues from the 6CCA. Judge Kevin H. Sharp no longer assigned to case due to his resignation. (af) (Entered: 12/13/2017)

01/29/2018 254 MANDATE of USCA. (**CASE REOPENED).(af) (Entered: 01/29/2018)

01/30/2018 255 ORDER: Telephone Conference set for 2/20/2018 02:30 PM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 1/30/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) (Entered: 01/31/2018)

01/31/2018 256 ORDER: The United States Court of Appeals for the Sixth Circuit has issued its Mandate (Doc. No. 254) reopening the case, and the Clerk reassigned the case to the Court. Pursuant to the Sixth Circuit's Mandate, the Entry of Judgment (Doc. No. 250) is VACATED, and this case is REFERRED to the Magistrate Judge for customized

case management. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/31/2018. (jw) (Entered: 01/31/2018)

02/09/2018 257 MOTION to Dismiss (Renewed Partial Motion to Dismiss) by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Orseck, Gary) (Entered: 02/09/2018)

02/09/2018 258 MEMORANDUM in Support of 257 MOTION to Dismiss (Renewed Partial Motion to Dismiss) filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith . (Attachments: # 1 Attachment Unreported Case Law)(Orseck, Gary) (Entered: 02/09/2018)

02/09/2018 259 DECLARATION of Gary A. Orseck filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith re: 257 MOTION to Dismiss (Renewed Partial Motion to Dismiss), 258 Memorandum in Support. (Attachments: # 1 Exhibit 1 - Apr 2011 Transcript, # 2 Exhibit 2 - July 2011 Transcript, # 3 Exhibit 3 - Oct 2011 Transcript)(Orseck, Gary) (Entered: 02/09/2018)

02/14/2018 260 Letter from Barbara J. Hart, Esq. Regarding Defendants' Renewed Rule 12(b)(6) Motion. (Hart, Barbara) (Entered: 02/14/2018)

02/16/2018 261 ORDER: Presently pending in this matter is a motion to dismiss by the Defendants (Docket Entry 257 ). The Plaintiff has filed a letter in response (Docket Entry 260 ). The Middle District of Tennessee does not operate with letters (see Local Rule 7.01(b), as well as the undersigned's Practice and Procedural Manual, par. 2)(II)(B)). If counsel wishes to file a response to the motion to dismiss or a motion to strike it should be in the form of a motion supported by a memorandum of law. Counsel may have until February 23, 2018, to file a proper response. Out-of-District counsel should consult with their local counsel to insure that proper procedures are followed. Signed by Magistrate Judge Joe Brown on 2/16/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 02/16/2018)

02/20/2018 Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 2/20/2018. Order to enter. (Time in Court: 1 hour, 25 minutes) (rd) (Entered: 02/20/2018)

03/02/2018 262 ORDER: Based on the history of this case, especially as it pertains to the Sixth Circuit's recent decision, the undersigned finds that lifting the stay is necessary to preserve relevant evidence and to prevent undue prejudice to plaintiffs. This case needs to move to a conclusion sooner rather than later. If discovery abuses are incurred, they can be dealt with at that time. The undersigned intends to keep control of discovery as needed. For the reasons explained above, the stay remains lifted. An updated scheduling order will enter separately. Signed by Magistrate Judge Joe Brown on 3/2/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 03/02/2018)

03/02/2018 263 RESPONSE in Opposition re 257 MOTION to Dismiss (Renewed Partial Motion to Dismiss) filed by NYC Funds. (Attachments: # 1 Attachment Unreported Case Law)(Papp, Scott) (Entered: 03/02/2018)

03/02/2018 264 DECLARATION of Scott V. Papp filed by NYC Funds re: 263 Response in Opposition to Motion. (Attachments: # 1 Exhibit A - Sixth Circuit Opinion, # 2 Exhibit B - Defendants Memo of Law re First Motion to Dismiss the FAC, # 3 Exhibit C - Lead Plaintiff's Memo of Law in Opp to First Motion to Dismiss, # 4

Exhibit D - Chief Judge Sharp's Order of Dismssal, # 5 Exhibit E - Certified Transcript of Sixth Circuit Oral Argument, # 6 Exhibit F - Defendants' En Banc Petition, # 7 Exhibit G - Sixth Circuit En Banc Order, # 8 Exhibit H - Appellants (Lead Plaintiff) Opening Brief to the Sixth Circuit)(Papp, Scott) (Entered: 03/02/2018)

03/08/2018 265 FOURTH AMENDED CASE MANAGEMENT ORDER: Discovery due by 2/2/2019. Dispositive Motions due by 9/5/2019. The Clerk will attach as a exhibit to this order the draft scheduling order that was submitted to the undersigned for consideration as Exhibit A. Attached as Exhibit "B" is a list of potential witnesses prepared by Lead Plaintiff that have, to date, been revealed through discovery. Deadlines have been shortened is some cases in order to try to bring this 2011 case to a close as soon as practicable. Signed by Magistrate Judge Joe Brown on 3/7/2018. (Attachments: # 1 Exhibit A - Draft Scheduling Order, # 2 Exhibit B - List of Potential Witnesses by Lead Plaintiff)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 03/08/2018)

03/13/2018 266 TRIAL MANAGEMENT ORDER: Jury Trial set for 2/4/2020 at 9:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Pretrial Conference set for 1/27/2020 at 1:00 PM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Joint Proposed Pretrial Order due by 1/20/2020; Exhibit List due by 1/20/2020; and Witness List due by 1/20/2020. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/13/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 03/13/2018)

03/16/2018 267 REPLY to Response to Motion re 257 MOTION to Dismiss (Renewed Partial Motion to Dismiss) filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Attachments: # 1 Attachment Unreported Case Law)(Orseck, Gary) (Entered: 03/16/2018)

04/10/2018 268 ANSWER to 167 Amended Complaint by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith.(Orseck, Gary) (Entered: 04/10/2018)

04/23/2018 269 SUPREME COURT NOTICE: The petition for a writ of certiorari in the above entitled case was filed on April 18, 2018 and placed on the docket April 20, 2018 as No. 17-1453. Scott S. Harris, Clerk by Melissa Blalock, Case Analyst. (mg) (Entered: 04/23/2018)

05/07/2018 270 MOTION to Certify Class by NYC Funds. (Papp, Scott) (Entered: 05/07/2018)

05/07/2018 271 MEMORANDUM in Support of 270 MOTION to Certify Class filed by NYC Funds . (Attachments: # 1 Attachment Compendium of Unreported Cases)(Papp, Scott) (Entered: 05/07/2018)

05/07/2018 272 DECLARATION of Scott V. Papp in Support of Motion to Certify the Class filed by NYC Funds re: 270 MOTION to Certify Class . (Attachments: # 1 Exhibit A - Declaration of Inga Van Eysden, # 2 Exhibit B - Steven Feinstein Expert Report on Market Efficiency, # 3 Exhibit C - Firm Resume of Lowey Dannenberg, P.C.)(Papp, Scott) (Entered: 05/07/2018)

05/23/2018 273 FIFTH AMENDED CASE MANAGEMENT ORDER: Lead Plaintiff will disclose and serve initial reports from its retained experts under Rule 26(a)(2) by March 22, 2019. Defendants will disclose and serve initial reports from its retained experts under Rule 26(a)(2) by May 24, 2019. Lead Plaintiff's rebuttal expert reports and

disclosures, if any, will be served by June 28, 2019. Lead Plaintiff is not required to provide Defendants any discovery concerning any computation of damages performed to date for Lead Plaintiff by a retained expert, except as allowed by Fed. R. Civ. P. 26(a)(2) ("Disclosure of Expert Testimony") where, for example, a testifying expert performed or considered such computations. All experts shall be deposed no later than July 26, 2019. Signed by Magistrate Judge Joe Brown on 5/23/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 05/23/2018)

05/30/2018 274 ORDER: At the request of counsel, a telephone conference call is set with the Magistrate Judge for Thursday, June 7, 2018, at 4:00 p.m. To participate in the conference call, the parties are directed to dial (877) 873-8017 at the scheduled time and enter Access Code 1958322# when prompted. By 12:00 p.m. (Noon) on Wednesday, June 6, 2018, the parties should submit a brief joint statement of the issues and a short statement of their respective positions on the issues to [email protected]. Signed by Magistrate Judge Joe Brown on 5/30/2018. (mg) (Entered: 05/30/2018)

06/05/2018 275 ORDER: Counsel for the parties have contacted the Magistrate Judge's office to advise that their discovery dispute has been resolved. Accordingly, the telephone conference previously scheduled for Thursday, June 7, 2018, is hereby CANCELED. Signed by Magistrate Judge Joe Brown on 6/5/2018. (mg) (Entered: 06/05/2018)

07/19/2018 276 RESPONSE in Opposition re 270 MOTION to Certify Class filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Attachments: # 1 Attachment Appendix of Unreported Cases)(Orseck, Gary) (Entered: 07/19/2018)

07/19/2018 277 DECLARATION of Gary A. Orseck filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith re: 276 Response in Opposition to Motion. (Attachments: # 1 Exhibit A - CtW Letter, # 2 Exhibit B - Tenet Complaint, # 3 Exhibit C - Garland Deposition Transcript, # 4 Exhibit D - Budhai Deposition Transcript, # 5 Exhibit E - NYC Funds Vote No Memorandum, # 6 Exhibit F - NYC Funds Trading History)(Orseck, Gary) (Entered: 07/19/2018)

07/26/2018 278 MOTION to Amend/Correct the Case Management Order by NYC Funds. (Papp, Scott) (Entered: 07/26/2018)

07/26/2018 279 DECLARATION of Scott V. Papp filed by NYC Funds re: 278 MOTION to Amend/Correct the Case Management Order. (Papp, Scott) (Entered: 07/26/2018)

07/27/2018 280 MOTION to Quash Response and Objections to Lead Plaintiff's Notice of Rule 45 Subpoena for Non-Party Edward M. Yarbrough. (Yarbrough, Edward) Modified on 7/27/2018 (rd). (Entered: 07/27/2018)

07/27/2018 281 ORDER Mr. Yarbrough has filed a response 280 which should more properly be filed as a motion to quash a subpoena. The Clerk is directed to designate it as such. The motion does not indicate whether Mr. Yarbrough has discussed the subpoena with the serving counsel before filing the motion. The motion does raise grounds which could justify quashing it or at the very lease changing the response date. I will be unavailable from August 4-22. The attorneys will discuss this matter and if they cannot resolve it on their own schedule a telephone conference with me before August 3, 2018 or after August 22, 2018. At least one day before any telephone call the parties shall submit a joint statement of the issue to be discussed to my chambers

at [email protected]. (JBB) Modified on 7/27/2018 (rd). (Entered: 07/27/2018)

07/30/2018 Notice to Filer re DE 280 : The document is scanned and not text searchable. Scanning should only be used for documents not created on your computer. This document does not need to be re-filed unless otherwise directed by the Court. (mg) (Entered: 07/30/2018)

08/09/2018 282 RESPONSE in Opposition re 278 MOTION to Amend/Correct the Case Management Order filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Orseck, Gary) (Entered: 08/09/2018)

09/06/2018 283 REPLY Memorandum of Law in Further Support of Motion re 270 MOTION to Certify Class filed by NYC Funds. (Attachments: # 1 Attachment Compendium of Unreported Cases)(Papp, Scott) Modified Text on 9/7/2018 (am). (Entered: 09/06/2018)

09/06/2018 284 DECLARATION of Scott V. Papp in Further Support of Motion to Certify the Class filed by NYC Funds re: 283 Reply to Response to Motion. (Attachments: # 1 Exhibit A - CHS Form 8K - April 18, 2011, # 2 Exhibit B - E-mail from Millicent Budhai, # 3 Exhibit C - Michael Garland Deposition Excerpts, # 4 Exhibit D - David Jeter Deposition Excerpts, # 5 Exhibit E - Inga Van Eysden Deposition Excerpts)(Papp, Scott) (Entered: 09/06/2018)

09/24/2018 285 MEMORANDUM OPINION AND ORDER: Defendants' Motion to Dismiss (Doc. No. 257 ) is DENIED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/24/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 9/25/2018 (dt). (Entered: 09/24/2018)

09/27/2018 286 MOTION for Leave to to File Reply Brief in Further Support of Lead Plaintiff's Motion to Amend The Case Management Order re 278 MOTION to Amend/Correct the Case Management Order by NYC Funds. (Attachments: # 1 Exhibit Reply Brief)(Papp, Scott) (Entered: 09/27/2018)

09/27/2018 287 ORDER finding as moot 280 Motion to Quash. Nothing more has been filed with the court and in view of the denial in the motion that there were any notes subject to production it appears the issue is now moot. (JBB) (Entered: 09/27/2018)

09/27/2018 288 ORDER granting 286 Motion for Leave to file attached reply. Clerk will file the reply (JBB) (Entered: 09/27/2018)

09/27/2018 289 REPLY BRIEF in Further Support of 278 MOTION to Amend/Correct the Case Management Order filed by NYC Funds. (rd) (Entered: 09/27/2018)

09/27/2018 290 ORDER granting 278 Motion to Amend/Correct Fourth Case Management order. The requirement that the Plaintiff pay 25% of the designated discovery is lifted. This requirement was imposed by court order on March 26, 2016 (DE 216 at page 4) and the court noted that the requirement would be lifted if the motion to dismiss was denied. Following the granting of the motion to dismiss and the reversal of that decision by the 6th Circuit a Fourth Case Management Order was entered on March 8, 2018 after a long conference call and competing drafts. The 25% cost sharing was retained. However no one questioned that part of the order until July 26th with this motion (DE 278). After considering the response and reply the requirement is lifted in view of the denial of the original motion to dismiss and the renewed motion to dismiss (DE 285). That being said I am concerned about excessive discovery requests

and discovery requests that produce a high rate of false positives and may duplicate other discovery. Going forward on any unfulfilled discovery requests if it appears discovery is not narrowly tailored and proportional to the needs of the case cost sharing will be imposed on the requesting party be they Plaintiff or Defendant. (JBB) (Entered: 09/27/2018)

10/05/2018 291 SUPREME COURT NOTICE: The Court today entered the following order in the above- entitled case: The petition for a writ of certiorari is denied. (am) (Entered: 10/05/2018)

10/19/2018 292 ORDER REASSIGNING CASE. Case reassigned to District Judge Eli J. Richardson for all further proceedings. Chief Judge Waverly D. Crenshaw, Jr no longer assigned to case. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/19/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 10/22/2018)

10/25/2018 293 NOTICE of Change of Address by Gary A. Orseck (Orseck, Gary) (Entered: 10/25/2018)

11/27/2018 294 ORDER: Telephone Conference set for 12/4/2018 10:30 AM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 11/27/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 11/28/2018)


12/05/2018 295 SIXTH AMENDED CASE MANAGEMENT ORDER: Pursuant to Rule 16.01(d)(2) of the Middle District of Tennessee, the Court adopts this Sixth Amended Case Management Plan. Paragraphs A through F and H of the Fourth Amended Case Management Order (DE # 265 ) ("Fourth CMO") remain unchanged in all respects. Paragraphs G, I, J, K, and L of the Fourth CMO (as subsequently amended, in the case of Paragraphs I and J, by the Fifth CMO (DE # 273 ) and Paragraph G, by Court Order dated September 27, 2018 (DE # 290 )) are amended only as provided. Discovery due by 5/31/2019. Dispositive Motions due by 2/14/2020. Signed by Magistrate Judge Joe Brown on 12/5/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 12/05/2018)

12/11/2018 296 ORDER: Jury Trial set for 8/4/2020 09:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Exhibit List due by 7/20/2020. Witness List due by 7/20/2020. Pretrial Conference set for 7/27/2020 09:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Joint Proposed Pretrial Order due by 7/20/2020. Signed by District Judge Eli J. Richardson on 12/11/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 12/12/2018)

12/21/2018 297 MOTION to Compel DOCUMENTS FROM HMA RELATING TO ITS STIPULATED STATEMENT OF FACTS by NYC Funds. (Attachments: # 1 Attachment Compendium of Unreported Cases)(Papp, Scott) (Entered: 12/21/2018)

12/21/2018 298 DECLARATION of Scott V. Papp in Support of Motion to Compel filed by NYC Funds re: 297 MOTION to Compel DOCUMENTS FROM HMA RELATING TO ITS STIPULATED STATEMENT OF FACTS. (Attachments: # 1 Exhibit 1 - Lead

Plaintiffs Fifth Set of Document Requests, # 2 Exhibit 2 -HMA Non-Prosecution Agreement, # 3 Exhibit 3 - Relevant excerpts from Division 3 Performance Report, # 4 Exhibit 4 - Defendants Responses and Objections, # 5 Exhibit 5 - Relevant excerpts from the deposition transcript of Gary Newsome, # 6 Exhibit 6 - Relevant excerpts from the ED Quality Review PowerPoint prepared by Carolyn Lipp, # 7 Exhibit 7 - Chain e-mail dated February 20, 2008, from Carolyn Lipp, # 8 Exhibit 8 - Memorandum dated January 26, 2006 from Michael Miserocchi to Gary Newsome,, # 9 Exhibit 9 - Memorandum, dated August 2, 2006, from Michael Portacci to CEOs Group II Facilities, # 10 Exhibit 10 - Document entitled ED Project Immediate Actions)(Papp, Scott) (Entered: 12/21/2018)

01/05/2019 299 Transcript filed for date of December 4, 2018, before Judge Joe Brown. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 1/14/2019. Redaction Request due 1/28/2019. Redacted Transcript Deadline set for 2/5/2019. Release of Transcript Restriction set for 4/5/2019. (RH) (Entered: 01/05/2019)

01/07/2019 300 RESPONSE in Opposition re 297 MOTION to Compel DOCUMENTS FROM HMA RELATING TO ITS STIPULATED STATEMENT OF FACTS filed by Community Health Systems, Inc.. (Attachments: # 1 Exhibit Newsome Transcript)(Orseck, Gary) (Entered: 01/07/2019)

01/08/2019 301 NOTICE of Appearance by Clarence J. Gideon, Jr on behalf of Gary D. Newsome (Gideon, Clarence) (Entered: 01/08/2019)

01/08/2019 302 NOTICE of Appearance by Justin B. Carter on behalf of Gary D. Newsome (Carter, Justin) (Entered: 01/08/2019)

01/08/2019 303 First MOTION for attorney(s) Abid R. Qureshi to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2827357) by Gary D. Newsome. (Attachments: # 1 Exhibit Certificate of Good Standing)(Carter, Justin) (Entered: 01/08/2019)

01/08/2019 304 First MOTION for Protective Order by Gary D. Newsome. (Attachments: # 1 Exhibit Declaration of C.J. Gideon, Jr. in Support of Motion for Protective Order & Limited Opposition to Motion to Compel, # 2 Exhibit Declaration of Gary D. Newsome in Support of Motion for Protective Order)(Gideon, Clarence) (Entered: 01/08/2019)

01/08/2019 TN State Bar status verified as active for Clarence J. Gideon, Jr, Justin B. Carter. (am) (Entered: 01/08/2019)

01/08/2019 DC State Bar status verified as active for Abid R. Qureshis. (am) (Entered: 01/08/2019)

01/08/2019 305 ORDER: Telephone Conference set for 1/10/2019 03:00 PM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 1/8/2019. (DOCKET TEXT

SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 01/08/2019)

01/08/2019 306 RESPONSE in Support re 304 First MOTION for Protective Order by Non-Party Gary D. Newsome filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Orseck, Gary) (Entered: 01/08/2019)

01/09/2019 307 ORDER granting 303 Motion for Abid R. Qureshi to Appear Pro Hac Vice. Signed by Vicki R. Kinkade, Acting on 1/9/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 01/09/2019)


01/15/2019 308 ORDER setting Telephone Conference and schedule for pending matters. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(JBB) (Entered: 01/15/2019)

01/16/2019 Set/Reset Hearings: Telephone Conference set for 1/24/2019 05:00 PM before Magistrate Judge Joe Brown. (am) (Entered: 01/16/2019)

01/16/2019 309 Transcript filed (Speaker IDs corrected) for date of December 4, 2018, before Judge Joe Brown. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 1/23/2019. Redaction Request due 2/6/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/16/2019. (RH) (Entered: 01/16/2019)

01/23/2019 310 RESPONSE in Opposition re 304 First MOTION for Protective Order filed by NYC Funds. (Papp, Scott) (Entered: 01/23/2019)

01/23/2019 311 DECLARATION of Scott V. Papp. Esq. filed by NYC Funds re: 310 Response in Opposition to Motion. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Papp, Scott) (Entered: 01/23/2019)

01/23/2019 312 NOTICE of Appearance by Samuel P. Funk on behalf of Carolyn Lipp (Funk, Samuel) (Entered: 01/23/2019)

01/23/2019 313 MOTION for attorney(s) Donald W. Davis to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2838285) by Carolyn Lipp. (Funk, Samuel) (Entered: 01/23/2019)

01/23/2019 314 CERTIFICATE OF GOOD STANDING of Attorney Donald W. Davis from the United States District Court for the Northern District of Ohio filed by Carolyn Lipp. (Funk, Samuel) (Entered: 01/23/2019)

01/23/2019 315 REPLY to Response to Motion re 304 First MOTION for Protective Order filed by Gary D. Newsome. (Qureshi, Abid) (Entered: 01/23/2019)

01/23/2019 316 DECLARATION of Barry Sabin filed by Gary D. Newsome re: 315 Reply to Response to Motion. (Attachments: # 1 Exhibit 1, E-mail from Barry Sabin to Scott Papp (Dec. 18, 2015, 10:45 AM), # 2 Exhibit 2, E-mail from Scott Papp to Barry Sabin (Mar. 10, 2015, 5:11 PM), # 3 Exhibit 3, E-mail from Gary Orseck to Benny Goodman (May 10, 2016, 9:09 AM), # 4 Exhibit 4, E-mail from Erik Luedeke to Matthew Madden (June 9, 2016, 5:59 PM), # 5 Exhibit 5, E-mail from Barry Sabin to Abid Qureshi (Dec. 11, 2015, 3:51 PM), # 6 Exhibit 6, Newsome Objections to Subpoena for Deposition Testimony, # 7 Exhibit 7, Email from Barry Sabin to Brian Lichter (March 23, 2016, 4:27 PM))(Qureshi, Abid) (Entered: 01/23/2019)

01/23/2019 317 REPLY to Response to Motion re 297 MOTION to Compel DOCUMENTS FROM HMA RELATING TO ITS STIPULATED STATEMENT OF FACTS filed by NYC Funds. (Attachments: # 1 Attachment Proposed Order)(Papp, Scott) (Entered: 01/23/2019)

01/23/2019 318 DECLARATION of Supplemental Declaration of Scott V. Papp, Esq. filed by NYC Funds re: 297 MOTION to Compel DOCUMENTS FROM HMA RELATING TO ITS STIPULATED STATEMENT OF FACTS, 317 Reply to Response to Motion. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15, # 6 Exhibit 16, # 7 Exhibit 17, # 8 Exhibit 18, # 9 Exhibit 19, # 10 Exhibit 20)(Papp, Scott) (Entered: 01/23/2019)

01/24/2019 Notice to Filer re DE 311 & 318 : Counsel failed to include the mandatory description of the attached exhibits. The exhibits shall be REFILED by filing a Notice of Filing and attaching the exhibits with the mandatory brief description. (EXAMPLE: Attachments: # 1 Exhibit 1 Police Report dated 1/1/06, # 2 Exhibit 2 Unreported Case Smith v. Jones). (am) Modified Text on 1/24/2019 (am). (Entered: 01/24/2019)

01/24/2019 The pending pro hac vice motion (Docket No. 313 ) 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 the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date 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. (am) (Entered: 01/24/2019)

01/24/2019 OH & TN State Bar status verified as active for Donald W Davis, Samuel P. Funk. (am) (Entered: 01/24/2019)

01/24/2019 Notice to Filer re DE 316 : Pursuant to Local Rule 5.01, all filings shall include a Certificate of Service and it shall identify by name the person served, what was served, the method of service, and date of service. Counsel SHALL FILE a conformed Certificate of Service for this document using the Certificate event located under Other Documents. (am) (Entered: 01/24/2019)

01/24/2019 319 RESPONSE in Opposition re 297 MOTION to Compel DOCUMENTS FROM HMA RELATING TO ITS STIPULATED STATEMENT OF FACTS , as Sur-Reply to 317

Reply, filed by Community Health Systems, Inc.. (Attachments: # 1 Exhibit CHSI Ltr. dated 1/17/19)(Orseck, Gary) (Entered: 01/24/2019)

01/24/2019 320 NOTICE of Filing by NYC Funds re 311 Declaration, and Exhibit Descriptions (Attachments: # 1 Exhibit 1 - Subpoena, # 2 Exhibit 2 - 12-11-15 Email From S. Papp to E. Luedke, # 3 Exhibit 3 - Newsome's Objections to Subpoena, # 4 Exhibit 4 - Newsome's Deposition Transcript, # 5 Exhibit 5 - Healthcare Conf. Transcript, # 6 Exhibit 6 - Excerpts from Transcript of 12-4-18 Court Conf., # 7 Exhibit 7 - Defendants' Interrogatory Responses, # 8 Exhibit 8 - Excerpts from William Hussey Deposition Transcript, # 9 Exhibit 9 - Transcript of HMA 2-24-09 Earnings Call)(Papp, Scott) (Entered: 01/24/2019)

01/24/2019 321 CERTIFICATE of Service filed by Gary D. Newsome re 316 Declaration,, filed by Gary D. Newsome. (Qureshi, Abid) (Entered: 01/24/2019)

01/24/2019 322 NOTICE of Filing by NYC Funds re 318 Declaration, and Exhibit Descriptions (Attachments: # 1 Exhibit 11 - REDACTED - Email dated June 15, 2010 From J. Slepin to B. Quitmeyer re "concerns about "over 65 year old patients", # 2 Exhibit 12 - REDACTED - Memorandum from M. Portacci re ProMed Exec. Summary Report, # 3 Exhibit 13 - REDACTED - ProMed Dashboard Report, # 4 Exhibit 14 - REDACTED - Memorandum from T. Adams to M. Portacci; Wayne Smith and W. Larry Cash re Cedar Park, # 5 Exhibit 15 - Bonus Incentive Plan for Michael Miserocchi, # 6 Exhibit 16 - Defendants' Interrogatory Responses, # 7 Exhibit 17 - Transcript of HMA 2-24-09 Earnings Call, # 8 Exhibit 18 - Transcript of HMA - JPMorgan Healthcare Conference, # 9 Exhibit 19 - Excerpts from William Hussey Deposition Transcript, # 10 Exhibit 20 - Letter dated Jan. 17, 2019 from M. Madden to B. Hart)(Papp, Scott) (Entered: 01/24/2019)

01/24/2019 323 Transcript filed for date of January 10, 2019, before Judge Joe Brown. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 1/31/2019. Redaction Request due 2/14/2019. Redacted Transcript Deadline set for 2/25/2019. Release of Transcript Restriction set for 4/24/2019. (RH) (Entered: 01/24/2019)

01/24/2019 324 MOTION for Extension of Time to File Motion to Quash by Carolyn Lipp. (Attachments: # 1 Exhibit A - Subpoena to Lipp dated 12/13/18, # 2 Exhibit B - Subpoena to Lipp dated 1/14/19)(Funk, Samuel) (Entered: 01/24/2019)

01/24/2019 325 MEMORANDUM in Support of 324 MOTION for Extension of Time to File Motion to Quash filed by Carolyn Lipp . (Attachments: # 1 Exhibit A - 7/26/18 Madden Letter to Papp, # 2 Exhibit B - Documents Bates Numbered Lipp 000001-000102)(Funk, Samuel) (Entered: 01/24/2019)

01/24/2019 326 RESPONSE to Motion re 324 MOTION for Extension of Time to File Motion to Quash filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Waldman, Michael) (Entered: 01/24/2019)

01/24/2019 327 AFFIDAVIT re 313 MOTION for attorney(s) Donald W. Davis to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2838285) by Carolyn Lipp. (Funk, Samuel) (Entered: 01/24/2019)


01/25/2019 329 ORDER granting 324 Motion for Extension of Time to File. Signed by Magistrate Judge Joe Brown on 1/25/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 01/25/2019)

01/28/2019 330 ORDER granting 313 Motion for Donald W. Davis to Appear Pro Hac Vice. Signed by Vicki R. Kinkade, Acting Clerk of Court on 1/28/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 01/28/2019)

01/31/2019 332 Transcript filed for date of January 24, 2019, before Judge Joe Brown. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 2/7/2019. Redaction Request due 2/21/2019. Redacted Transcript Deadline set for 3/4/2019. Release of Transcript Restriction set for 5/1/2019. (RH) (Entered: 01/31/2019)

02/12/2019 333 MOTION for Extension of Time to File /Submit Physician Opinion or Affidavit (Unopposed) by Carolyn Lipp. (Funk, Samuel) (Entered: 02/12/2019)

02/13/2019 334 JOINT STATUS REPORT submitted by the parties on February 7, 2019, by email to chambers, pursuant to the Court's previous order 329 . (rd) (Entered: 02/13/2019)

02/14/2019 335 ORDER granting 333 Motion for Extension of Time to File report regarding Ms. Lipp as requested. (JBB) (Entered: 02/14/2019)

02/19/2019 336 MOTION for Extension of Time to File /Submit Physician Opinion or Affidavit by Carolyn Lipp. (Funk, Samuel) (Entered: 02/19/2019)

02/20/2019 337 ORDER granting 336 Motion for Extension of Time to File medical report as requested. (JBB) (Entered: 02/20/2019)

02/21/2019 338 ORDER Following a lengthy telephone conference call at the end of January (DE 332) the parties submitted a status report (DE 334) and medical records and evaluations concerning Ms. Lipp have just been submitted. The parties reported they were working to narrow a number of issues on the scope of discovery from HMA and

cost shifting. If the HMA discovery is determined to be extensive, a cost sharing of 25% will be considered. There are also issues dealing with the deposition of Mr. Newsome and the time needed for the Deposition of Mr. Smith and Mr. Cash. The Court is leaning to allowing an extra 1/2 day for each of these witnesses. In order to try to keep these issues from dragging on a telephone conference call is needed. The parties should confer and call my court room deputy to schedule such a call the first week of March. Two business days before the conference the parties will submit a joint statement listing all items that are ripe for decision and any that the parties are still working on. At the present time the court is leaning to allowing a deposition of Ms. Lipp with requirements to allow breaks as she needs them, perhaps having a nurse or other medical professional attend the deposition, having the deposition take place near a medical facility near her home, and scheduling the deposition over more than one day if her condition requires short sessions. (JBB) (Entered: 02/21/2019)

03/01/2019 340 ORDER: Telephone Conference set for 3/8/2019 09:00 AM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 3/1/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 03/01/2019)

03/01/2019 Set/Reset Hearings: Telephone Conference set for 3/8/2019 09:00 AM before Magistrate Judge Joe Brown. Telephone Conference set for 3/8/2019 04:00 PM before Magistrate Judge Joe Brown. (am) (Entered: 03/05/2019)

03/05/2019 341 ORDER: Telephone Conference reset for 3/11/2019 09:00 AM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 3/5/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 03/06/2019)


03/11/2019 342 ORDER a lengthy hearing was held in this matter today to discuss 5 issues. The clerk will file section 1 of the joint report which deals with the request for depositions of Mrs. Lipp be quashed (DE 334) under seal along with the reports of the Doctors who filed reports about her condition. I have carefully read the medical reports and considered the argument of counsel. This order will only address the issue of the deposition of the non party Mrs. Lipp. The deposition of Mrs. Lipp can be taken under the following conditions. It will not exceed 7 hours for all parties, but may be spread over two days and Mrs. Lipp will be given breaks as she needs them during the deposition. The deposition will be scheduled at a medical facility where Mr. Lipp can receive immediate medical attention if the need arises unless Mrs. Lipp agrees to a different location. The location shall be selected by her. Mrs. Lipp is an important witness for both sides in this matter and because of her residence is in East Tennessee or Florida she may not be subject to a trial subpoena even if she resides in East Tennessee. Rule 45(c)(1)(B). The Plaintiff may have 4 hours and the Defendant may have 3 hours. Mrs. Lipp was deposed in a related case on a good deal of the matters that will be covered in this deposition but the Plaintiff was not a party to that deposition and is therefore entitled to the extra time. The defendant was present at that deposition but did not ask questions about this case. Given the prior deposition a total of 7 hours should be sufficient. I trust the parties will not try to plow ground that was adequately covered before as she can simply be asked if a previous statement is accurate and then follow up questions can be used to flesh out previous responses.

Her medical condition is a concern, however she has shown improvement and appears to be reasonably active at the present time. This order is intended to reduce the stress of a deposition as much as possible given her importance to the issues in the case. I considered written questions under Rule 31 but given the complexity of the case and the need to secure full information were not deemed practical. (JBB) Modified Text on 3/13/2019 (am). (Entered: 03/11/2019)

03/12/2019 343 SCHEDULING ORDER: There has been a email request that the issue of extra time for the deposition of defendants Smith and Cash be briefed. Plaintiff objects also by emails that this is a stall to delay the case. The clerk will file both emails as the next exhibit in this case. The parties are directed to STOP sending emails to the court unless it is a JOINT email requesting some action by the court. The matter was last discussed in the telephone conferences on the 11th. I consider the plaintiff has made an oral motion for the extra 1/2 day for each defendant. Given the email objections of the defendants The Plaintiff will file by this Friday a brief statement (Max 5 Pages) stating why these defendants are directly involved and critical, and the extra time is necessary. The Defendants may file within 5 days thereafter a response (Max 5 pages) in opposition. Absent court permission, which is unlikely, there will be no reply. Given the time deadline on discovery the parties should, for planning purposes plan at least 1 and 1/2 days for each defendant so if the motion is granted the depositions can be conducted in May without further delay.(JBB) (Entered: 03/12/2019)

03/12/2019 344 Email dated 3/12/2019 01:36 PM re a request for extra time for the depositions of Smith and Cash. (Attachment: # 1 Response email dated 3/12/2019 03:10 PM)(rd) (Entered: 03/13/2019)

03/13/2019 345 Report of Thomas DiSalvo, M.D., M.B.A. filed UNDER SEAL. (rd) (Entered: 03/13/2019)

03/13/2019 346 Supplement to 339 Medical Opinion filed UNDER SEAL. (rd) (Entered: 03/13/2019)

03/13/2019 347 Joint Submission of the parties provided prior to the 3/11/2019 telephone conference filed UNDER SEAL. (rd) (rd). (Entered: 03/13/2019)

03/14/2019 348 ORDER granting 304 Motion for Protective Order. This motion has been briefed and extensively argued with the last argument conducted on March 11, 2019. As stated during that call this is a close question and could go either way. However it has to be decided. The Plaintiff had an opportunity to ask Newsome about his operations as CEO of Health Management Associates (HMA) in his first deposition. While there was an initial argument that this topic was off limits to the Plaintiff subsequent documents do not support that and there was no indication at the first deposition of Mr. Newsome that it was off limits. The defendant CHS has now admitted in a Non Prosecution Agreement (NP) with the Department of Justice that there were improper actions by its now wholly owed company, HMA, while it was a separate company in handling, among other actions, the over use of admissions from the emergencey room rather than less expensive observations. This admission can add to the plaintiffs contention that the same practices were first used at CHS where Mr. Newsome was alleged to be instrumental in the use of the admission program and that he continued the practice when he moved to HMA. However Mr. Newsome was not a party to the DOJ agreement, having retired some time before it was signed. The Plaintiff will have access to discovery of Newsome's emails and other emails from the relevant time and perhaps other witnesses. They are also being given extra time to question the

two highest officers of CHS in their depositions. Undoubtedly the NP agreement will be a topic of those depositions. The court is mindful that another executive that came to HMA from CHS with Mr. Newsome, Mr. Reynolds, died in early 2018. Nevertheless in the end analysis I remain unconvinced that Mr. Newsome's testimony on this topic is sufficiently critical to justify a new deposition given that the heart of what would be asked him in a new deposition could have been covered in his first deposition and the Plaintiff will have full use of the DOJ admissions by CHS to the extent they are relevant. In a separate order I will deal with discovery concerning Mr. Newsome's emails and other discover from HMA documents concerning their admission practices. This discovery may well fill in gaps Plaintiff could have covered earlier with Mr. Newsome. (JBB) Modified Text on 3/15/2019 (am). (Entered: 03/14/2019)

03/14/2019 349 Joint Submission (REDACTED) of the parties provided prior to the 3/11/2019 telephone conference. (rd) (Entered: 03/14/2019)

03/14/2019 350 *STRICKEN AND REPLACED BY TEXT ORDER 352* ORDER granting in part and denying in part DE 297 Motion to Compel Document production for the reasons stated in the telephone conference held Monday 3/11/2019, and in this order. This motion has produced extensive briefing and discussion, with the last being a conference call on March 11, 2018. The court has denied an additional deposition of Mr. Newsome. The arguments on this motion are summarized in the joint submission of March 7, 2019 (DE 297). A reacted copy of this joint statement has now been filed at 349 . The discussion of these related topics are contained in Section 3 beginning on page 16. The items in dispute are (1) the Newsome documents, (2) Documents related to 8 (originally 12) HMA custodians in addition to Mr. Newsome, and (3) Six EmCare contracts. (EmCare was the program that replaced the Blue Book used at CHS and later used by Health Management Associates (HMA)). The Plaintiff is entitled to discovery from HMA about their admission practices that are alleged to have been adopted in whole or in part from CHS. This includes relevant documents furnished to the Department of Justice that resulted in a Non Prosecution (NP) Agreement, and contracts with Emergency Room providers. The parties have worked, and continue to work, to reduce the size of the requested production of all of their items. Because of the age of the case, many documents from HMS had to be reconstructed from backups and have to be maintained on separate servers with a vendor at a substantial monthly cost. The plaintiff will bear 1/3 of the cost of maintaining the database and 2/3 of the cost of running further searches for the 8 additional custodians. These additional 8 were added after the original searches were run using the Plaintiffs terms. Thus, their request for additional custodians are added requests that could have been done the first time and will be allowed only under cost sharing. Hopefully, as discussed on Monday, the documents needing review can be further reduced. The subject of cost of all searches may be revisited if circumstances are shown to be drastically different from what is evident at this time. Discovery will not be delayed due to cost arguments. The Defendants have cautioned that this search and review will take some time. In order to speed the process, the documents may be produced under a claw back provision under Evidence Rule 502(b). The 4323 documents from the Newsome custodial file should be reviewed and produced as discussed. The cost of this discovery will be on the Defendants. The six EmCare contracts which deal with how Emergency Room Physicians deal with admissions shall be produced. However, there was mention that the Plaintiffs were securing some of these contracts directly from third parties. There should not be a need to obtain the

same contracts twice. The parties should insure there is no duplication here. There was some discussion of the fact that definite dates for depositions have not been scheduled. There is a bit of a "chicken or the egg" argument here. Parties want document discovery before taking deposition, but at times depositions are needed to flesh out written discovery. There is a deadline for all discovery. The parties should not delay scheduling depositions just because all written discovery in not available at this time. At some point, you may have to take a deposition with what you have. (JBB) Modified on 3/15/2019 (rd). (Entered: 03/14/2019)

03/14/2019 351 ORDER Concerning InterQual Documents for the Extended Class Period. This was Section 4 page 22 of the joint statement (DE 349). This issue was discussed at some length during the March 11, 2019 telephone conference. There are 4424 additional documents which have been discovered as a result of new search terms requested by the Plaintiff after they determined the first terms run by CHS at Plaintiff's request were not adequate. Because these documents relate to the extended class period, review will be complicated as this is after this suit was filed and DOJ had made demand for extensive records from CHS and a number of lawyers were involved in the emails. The Defendant ran the terms the Plaintiff originally agreed to. As discussed during the conference, the additional documents will be reviewed and produced as responsive, but 2/3 of the reasonable cost of the review will be born by the Plaintiff. Again, to help expedite the process, the documents can be produced with a claw back under Evidence Rule 502. Hopefully, the parties can further reduce the number of documents that need to be reviewed. (JBB) Modified on 3/15/2019 (rd). (Entered: 03/14/2019)

03/14/2019 352 ORDER: The Magistrate Judge's order DE 350 is stricken and replaced by this order. ORDER granting in part and denying in part Docket Entry 297 Motion to Compel Document production for the reasons stated on Monday and in this order. This motion has produced extensive briefing and discussion, with the last being a conference call on March 11, 2019. The court has denied an additional deposition of Mr. Newsome. The arguments on this motion are summarized in the joint submission of March 7, 2019 (DE 297). A reacted copy of this joint statement has been filed at DE 349. The discussion of these related topics are contained in Section 3 beginning on page 16. The items in dispute are: (1) the Newsome documents, (2) Documents related to 8 (originally 12) HMA custodians in addition to Mr. Newsome, and (3) Six InterQual contracts. (InterQual was the program that replaced the Blue Book used at CHS and later used by Health Management Associates (HMA)). The Plaintiff is entitled to discovery from HMA about their admission practices that are alleged to have been adopted in whole or in part from CHS. This includes relevant documents furnished to the Department of Justice that resulted in a Non Prosecution (NP) Agreement and contracts with Emergency Room providers. The parties have worked, and continue to work, to reduce the size of the requested production of all their items. Because of the age of the case, many documents from HMS had to be reconstructed from backups and have to be maintained on separate servers with a vendor at a substantial monthly cost. The plaintiff will bear 1/3 of the cost of maintaining the database and 1/3 of the cost of running further searches for the 8 additional custodians. As I have previously stated, this discovery appears to be marginally relevant and the full cost should not be borne solely by the defendants. Hopefully, as discussed on Monday, the documents needing review can be further reduced. The subject of the cost of all searches may be revisited if circumstances are shown to be drastically different from what is evident at this time. Discovery will not be delayed due to cost arguments. The Defendants have

cautioned that this search and review will take some time. In order to speed the process, the documents may be produced under a claw back provision under Evidence Rule 502(b). The 4323 documents from the Newsome custodial file should be reviewed and produced as discussed. The cost of this discovery will be on the Defendants. The six InterQual contracts, which deal with how Emergency Room Physicians deal with admissions, shall be produced with 1/3 of the costs borne by the Plaintiffs. However, there was mention that the Plaintiffs were securing some of these contracts directly from third parties. There should not be a need to obtain the same contracts twice. The parties should insure there is no duplication and if six contracts are actually needed. There was some discussion of the fact that definite dates for depositions have not been scheduled. There is a bit of a "chicken or the egg" argument here. Parties want document discovery before taking depositions, but at times depositions are needed to flesh out written discovery. There is a deadline for all discovery. The parties should not delay scheduling depositions just because all written discovery in not available at this time. At some point, you may have to take a deposition with what you have. (JBB) Modified on 3/15/2019 (rd). Modified on 3/20/2019 (rd). (Entered: 03/14/2019)

03/15/2019 353 MOTION for Corrections to and Clarification of re 348 Order on Motion for Protective Order 352 Order. (Madden, Matthew) Modified Text on 3/18/2019 (am). (Entered: 03/15/2019)

03/15/2019 354 Lead Plaintiff's Motion to Enlarge the Time to Take the Depositions of Defendants Wayne Smith and W. Larry Cash Beyond Seven Hours by NYC Funds. (Harrison, David) Modified Text on 3/18/2019 (am). (Entered: 03/15/2019)

03/15/2019 355 DECLARATION of David C. Harrison filed by NYC Funds re: 354 Lead Plaintiff's Motion to Enlarge the Time to Take the Depositions of Defendants Wayne Smith and W. Larry Cash Beyond Seven Hours. (Attachments: # 1 Exhibit A - [REDACTED] July 21, 2006 Email from Hussey to Hibbs regarding ED Quality Project Action Plan, # 2 Exhibit B - August 2, 2006 Memorandum regarding the ED Initiative Follow-Up, # 3 Exhibit C- [REDACTED] February 13, 2007 Memorandum regarding a site visit at South Texas Regional Medical Center, # 4 Exhibit D- [REDACTED] June 17, 2010 Memorandum regarding a site visit to Cedar Park Regional Medical Center, # 5 Exhibit E- [REDACTED] March 9, 2004 Memorandum regarding Observation and One-day Stays, # 6 Exhibit F- [REDACTED] Letter from Joseph Zebrowitz, MD, # 7 Exhibit G- [REDACTED] Observation Trend Report by Hospital (Medicare Only) 1st Quarter 2006)(Harrison, David) Modified Text on 3/18/2019 (am). (Entered: 03/15/2019)

03/19/2019 356 ORDER taking under advisement 353 Motion to Clarify and Correct Docket entries 348 and 352. I did allow time for the briefing of the anticipated motion for longer depositions for Mr. Smith and Cash (DE 343). The motion is now filed (DE 354). I will consider any response before making that part final. Counsel objects to two reference in docket Entry 348 to the non prosecution agreement (NPA) that may overstate any admission by CHS. Counsel may be right that the order overstates the language in the NPA. Counsel may submit substitute language on that. On DE 352, cost sharing, I have listened to the two hour tape of the conference call on that issue again and again. I will wait for the transcript which the parties have ordered to see if I need to change the cost sharing order (DE 352) on the HMA documents. Actual cost figures may be of some help in finally resolving that. My intent was to keep discovery ongoing without becoming bogged down in a fight over costs at this time.

Counsel is correct in footnote 1 that I referred to EmCare when I should have referred to InterQual as the program that replaced the Blue Book. The clerk will correct DE 352 to substitute InterQual for EmCare. (JBB) Modified on 3/20/2019 (rd). (Entered: 03/19/2019)

03/20/2019 357 Transcript filed for date of March 11, 2019, before Judge Joe Brown. Court Reporter/Transcriber: Patty Jennings, 615-939-5450, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 3/27/2019. Redaction Request due 4/10/2019. Redacted Transcript Deadline set for 4/22/2019. Release of Transcript Restriction set for 6/18/2019. (Jennings, Patty) (Entered: 03/20/2019)

03/20/2019 358 RESPONSE in Opposition re 354 MOTION Lead Plaintiff's Motion to Enlarge the Time to Take the Depositions of Defendants Wayne Smith and W. Larry Cash Beyond Seven Hours filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Orseck, Gary) (Entered: 03/20/2019)

03/22/2019 359 RESPONSE in Support re 353 MOTION to Clarify re 348 Order on Motion for Protective Order, 352 Order and in Response to Order at DE # 356 filed by Community Health Systems, Inc. (Orseck, Gary) Modified Text on 3/25/2019 (am). (Entered: 03/22/2019)

03/22/2019 360 ORDER granting in part and denying in part 354 Motion for additional time for deposition of defendants Smith and Cash. Plaintiff may have an extra 3.5 hours for Mr. Cash and 2.5 hours for Mr. Smith. This matter was discussed extensively during the March 11 telephone conference call and has now been fully briefed in a formal motion and response. These two men are the leaders of the Defendant CHS and are sued in their individual capacity as well. The complaint covers a long period of time and has resulted in significant penalties to CHS as well as a current subsidiary HMA as a result of litigation with DOJ over a key subject matter of this case, the use of the Blue Book or its replacement InterQual. The defendants are correct that 7 hours is the standard for depositions without court permission for good cause. However just like the limit on 10 depositions the needs of a case may justify such extensions. I am satisfied that the need has been shown in this case as cited above and discussed at the conference (DE 357). That being said I expect the Lead Plaintiff to not abuse the extra time and complete the depositions within a day if possible. The parties are free to extend by agreement the 7 hours for one day if that would allow them to complete either or both of the depositions in a single day. Both sides have cited valid cases for and against the proposition of extra time. In the end all the case law is clear the decision is within the sound discretion of the court. Having lived with this case since it was filed I am satisfied that this extra time is justified with the limits I have imposed. (JBB) (Entered: 03/22/2019)

03/25/2019 361 MOTION for Review of Non Dispositive Order of Magistrate Judge re 342 Order by Carolyn Lipp. (Davis, Donald) Modified Text on 3/26/2019 (am). (Entered: 03/25/2019)

03/25/2019 362 MOTION to Seal Memorandum in Support of Motion for Review of Nondispositive Order of Magistrate Judge by Carolyn Lipp. (Davis, Donald) (Entered: 03/25/2019)

03/25/2019 363 Sealed Document Memorandum in Support of Motion for Review of Nondispositive Order of Magistrate Judge filed by Carolyn Lipp. (Attachments: # 1 Exhibit Medical Records, # 2 Exhibit January 24, 2019 Hearing Transcript, # 3 Exhibit Supplemental Medical Records, # 4 Exhibit Physician Report, # 5 Exhibit Supplemental Physician Report, # 6 Exhibit March 11, 2019 Hearing Transcript)(Davis, Donald) (Entered: 03/25/2019)

03/25/2019 364 ORDER granting 362 Motion to Seal Motion and related records. The Magistrate Judge agrees these are the witness's medical records and should not be part of the public record. (JBB) (Entered: 03/25/2019)

03/25/2019 365 Amended Certificates of Service by Carolyn Lipp re 361 MOTION for Review re 342 Order, 363 Sealed Document(Davis, Donald) Modified Text on 3/26/2019 (am). (Entered: 03/25/2019)

04/02/2019 366 ORDER temporarily granting 353 Motion to Clarify as to the modification of the order concerning the Non Prosecution (NP)agreement. No opposition was filed to the proposed substitute language (DE 359 Page Id 12098). The following language is therefore struck: "The defendant CHS has now admitted in a Non Prosecution Agreement (NP) with the Department of Justice that there were improper actions by its now wholly owed company, HMA, while it was a separate company in handling, among other actions, the over use of admissions from the emergency room rather than less expensive observations. This admission can add to the plaintiffs contention that the same practices were first used at CHS where Mr. Newsome was alleged to be instrumental in the use of the admission program and that he continued the practice when he moved to HMA. However Mr. Newsome was not a party to the DOJ agreement, having retired some time before it was signed." The following is substituted: "HMA has now admitted in a Non Prosecution Agreement (NP) with the Department of Justice that it acted improperly, while it was a separate company, in handling, among other actions, the over use of admissions from the emergency room rather than less expensive observations. Lead Plaintiffs position is that this admission supports its contention that the same practices were first used at CHS where Mr. Newsome was alleged to be instrumental in the use of the admission program and that he continued the practice when he moved to HMA. However Mr. Newsome was not a party to the DOJ agreement, having retired some time before it was signed." I will address the remaining part of the motion about cost sharing in a separate order. (JBB) (Entered: 04/02/2019)

04/02/2019 367 ORDER granting in part and denying in part 353 Motion to Clarify. The remaining part of this motion concerns the cost sharing of retrieval and search of HMA files by the defendant CHS which now owns HMA. This matter was discussed at some length in the March 11, 2019 conference. A transcript of that hearing has been filed (DE 357). I made tentative rulings in order to keep the discovery on track. At the time I had not ruled on whether Mr. Newsome would be deposed a second time. I have now denied that request (DE 348). During the conference call I did not rule on the cost of retrieving the HMA documents or in the order that followed (DE 352). I will not

impose cost on the Plaintiff for the retrieval. I did for PLANNIING purposes say Plaintiff would be responsible for 1/3 the cost of maintaining the data and 1/3 the cost of running additional search terms. (DE 357 Page id 12063-64). Given the additional information provided (DE 353 and 359) along with the transcript, the Plaintiff will be responsible for 1/3 the cost of maintain the data base and for 2/3 the cost for running the additional searches for the custodians beyond Mr. Newsome. The Defendant ran the search terms for the Newsome documents using the plaintiffs search terms and Plaintiff then wanted more. The need to bear the lions share of this additional search. (JBB) Modified Text on 4/3/2019 (am). (Entered: 04/02/2019)

04/05/2019 368 MOTION for Review re 360 Order on Motion for Miscellaneous Relief by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Attachments: # 1 Attachment Memorandum in Support, # 2 Exhibit A - Excerpt of 3-7-2019 Joint Submission, # 3 Exhibit B - Excerpt of 3-11-2019 Hearing Transcript)(Orseck, Gary) Modified Text on 4/8/2019 (am). (Entered: 04/05/2019)

04/08/2019 369 RESPONSE to Motion re 361 MOTION for Review re 342 Order of Magistrate Judge filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Orseck, Gary) Modified Text on 4/9/2019 (am). (Entered: 04/08/2019)

04/08/2019 370 MOTION to Seal Lead Plaintiffs Memorandum of Law in Opposition To Non-Party Carolyn Lipps Motion For Review Of Nondispositive Order Of Magistrate Judge, MOTION to Seal Document by NYC Funds. (Hart, Barbara) (Entered: 04/08/2019)

04/08/2019 371 Sealed Document Lead Plaintiffs Memorandum of Law in Opposition To Non-Party Carolyn Lipps Motion For Review Of Nondispositive Order Of Magistrate Judge filed by NYC Funds. (Hart, Barbara) (Entered: 04/08/2019)

04/09/2019 NOTICE TO FILER re DE# [368,369]: 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 all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (am) (Entered: 04/09/2019)

04/10/2019 372 CERTIFICATE of Service filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith re 368 MOTION for Review re 360 Order on Motion for Miscellaneous Relief Regarding Deposition Length filed by Community Health Systems, Inc., W. Larry Cash, Wayne T. Smith. (Orseck, Gary) Modified Text on 4/11/2019 (am). (Entered: 04/10/2019)

04/10/2019 373 CERTIFICATE of Service filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith re 369 Response to Motion filed by Community Health Systems, Inc., W. Larry Cash, Wayne T. Smith. (Orseck, Gary) Modified Text on 4/11/2019 (am). (Entered: 04/10/2019)

04/10/2019 374 ORDER granting 370 Motion to Seal as requested. The medical records are highly personal. (JBB) (Entered: 04/10/2019)

04/15/2019 375 ORDER: Telephone Conference set for 4/24/2019 02:00 PM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 4/15/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 04/15/2019)

04/15/2019 376 REPLY filed by Carolyn Lipp re 361 Motion for Review filed by Carolyn Lipp. (Funk, Samuel) (Entered: 04/15/2019)

04/19/2019 377 ORDER denying 361 Motion for Review. Signed by District Judge Eli J. Richardson on 4/19/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 04/19/2019)

04/19/2019 378 Memorandum of Law in Opposition re 368 MOTION for Review re 360 of Nondispositive order filed by NYC Funds. (Hart, Barbara) Modified Text on 4/22/2019 (am). (Entered: 04/19/2019)

04/19/2019 379 DECLARATION of David C. Harrison filed by NYC Funds re: 378 Response in Opposition to Motion. (Attachments: # 1 Exhibit 1-Letter dated January 28, 2019 from S. Papp to M. Madden, # 2 Exhibit 2- Lead Plaintiff's Motion to Enlarge the Time to Take the Depositions of Defendants Wayne Smith and W. Larry Cash Beyond Seven Hours)(Hart, Barbara) (Entered: 04/19/2019)

04/24/2019 Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 4/24/2019. Order to enter. (Hearing lasted 1:30)(rd) (Entered: 04/24/2019)

04/26/2019 380 REPLY to Response to Motion re 368 MOTION for Review re 360 of Nondispositive Order of Magistrate Judge filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Orseck, Gary) Modified Text on 4/29/2019 (am). (Entered: 04/26/2019)

05/01/2019 381 ORDER denying 368 Motion for Review. Signed by District Judge Eli J. Richardson on 5/1/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 05/01/2019)

05/02/2019 382 Transcript filed for date of April 24, 2019, before Judge Joe Brown. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 5/9/2019. Redaction Request due 5/23/2019. Redacted Transcript Deadline set for 6/3/2019. Release of Transcript Restriction set for 7/31/2019. (RH) (Entered: 05/02/2019)

05/07/2019 383 SEVENTH AMENDED CASE MANAGEMENT ORDER: Discovery due by 7/12/2019. Dispositive Motions due by 3/13/2020. Signed by Magistrate Judge Joe Brown on 5/7/2019. (Attachments: # 1 Exhibit - Joint Submissiion of the Parties Regarding Proposed Seventh Amended Case Management Orders)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 05/07/2019)

05/08/2019 384 ORDER: Jury Trial set for 8/4/2020 09:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Exhibit List due by 7/17/2020. Witness List due by 7/17/2020. Pretrial Conference set for 7/24/2020 09:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Joint Proposed Pretrial Order due by 7/17/2020. Signed by District Judge Eli J. Richardson on 5/8/2019. (DOCKET TEXT

SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 05/08/2019)


06/18/2019 Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 6/18/2019. Order to enter. ((Audio recording 190618!150107) Hearing lasted :50)(Wehby, Kevin) (Entered: 06/18/2019)

06/19/2019 386 ORDER: On June 18, 2019, a telephone conference was conducted regarding two discovery disputes between Lead Plaintiff and Non-Party EmCare. A joint submission from the parties and supplementary submissions by each party summarize the arguments of both sides. The clerk will file the attachments as next docket entries. Signed by Magistrate Judge Joe Brown on 6/19/2019. (Attachments: # 1 Attachment 1 - EmCare's Subpoena, # 2 Attachment 2 - Combined Joint Statement, # 3 Attachment 3 - Non-Party EmCare's Supplemental Response to Joint Statement, # 4 Attachment 4 - EmCare Attachments, # 5 Attachment 5 - Email, # 6 Attachment 6 - JS LP)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 6/21/2019 (am). (Entered: 06/19/2019)

06/27/2019 387 Transcript filed for date of June 18, 2019, before Judge Joe Brown. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 7/5/2019. Redaction Request due 7/18/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/25/2019. (RH) (Entered: 06/27/2019)


07/17/2019 389 MOTION to Ascertain Status of and Suspend Deadlines Pending the Court's Ruling on Class Certification and Memorandum in Support by NYC Funds. (Attachments: # 1 Exhibit A - [Proposed] Amended Pre-Trial Order Suspending Deadlines Pending Ruling on Class Certification)(Hart, Barbara) (Entered: 07/17/2019)

07/17/2019 390 DECLARATION of David C. Harrison in Support of Lead Plaintiff's Motion to Ascertain Status and to Suspend Deadlines Pending the Court's Ruling on Class Certification and Memorandum in Support filed by NYC Funds re: 389 MOTION to Ascertain Status of and Suspend Deadlines Pending the Court's Ruling on Class Certification and Memorandum in Support. (Attachments: # 1 Exhibit 1- The Seventh

Amended CMO dated May 7, 2019, Dkt. No. 383, # 2 Exhibit 2 - The Court's Pre-Trial Order, entered on May 8, 2019, Dkt. No. 384)(Hart, Barbara) (Entered: 07/17/2019)

07/18/2019 391 ORDER: Pending before the Court is Lead Plaintiff's Motion to Ascertain Status and to Suspend Deadlines Pending the Court's Ruling on Class Certification. ( 389 ) Lead Plaintiff's Motion is GRANTED. The Court is aware that Lead Plaintiff's Motion for Class Certification is fully briefed, pending, and awaiting decision by the Court. The Court anticipates issuing a decision on the motion next week. The parties are DIRECTED to advise whether, in light of this information, they still wish the Court to enter the Joint [Proposed] Amended Pre-Trial Order Suspending Deadlines Pending Ruling on Class Certification. ( 389 Ex. A) Signed by District Judge Eli J. Richardson on 7/18/19. (gb) (Entered: 07/18/2019)

07/18/2019 392 RESPONSE in Opposition re 389 MOTION to Ascertain Status of and Suspend Deadlines Pending the Court's Ruling on Class Certification and Memorandum in Support and in Response to the Court's 7/18/19 Order at DE # 391 filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Orseck, Gary) (Entered: 07/18/2019)

07/18/2019 393 REPLY to Response to Motion re 389 MOTION to Ascertain Status of and Suspend Deadlines Pending the Court's Ruling on Class Certification and Memorandum in Support and in Response to the Court's July 18 Order (Dkt. No. 391) filed by NYC Funds. (Hart, Barbara) (Entered: 07/18/2019)

07/26/2019 394 MEMORANDUM OPINION OF THE COURT. Signed by District Judge Eli J. Richardson on 7/26/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) (Entered: 07/26/2019)

07/26/2019 395 ORDER: For the reasons discussed the accompanying Memorandum Opinion, the Court GRANTS Lead Plaintiff's Motion for Class Certification (Doc. No. 270). The Court CERTIFIES the following Class: All persons who and entities who purchased the publicly traded common stock of CHS from July 27, 2006 through April 8, 2011, inclusive, or who were damaged thereby. Excluded from the Class are Defendants, the officers and directors of the company, at all relevant times, members of their immediate families and their legal representatives, heirs, successors or assigns and any entry in which Defendants have or had a controlling interest. Lead Plaintiff (NYC Funds) is APPOINTED as Class Representative, and Lowey Dannenberg is APPOINTED as Class Counsel. IT IS SO ORDERED.Signed by District Judge Eli J. Richardson on 7/26/19. (af) (Entered: 07/26/2019)

07/29/2019 396 AMENDED ORDER: For the reasons discussed the accompanying Memorandum Opinion, the Court GRANTS Lead Plaintiff's Motion for Class Certification (Doc. No. 270). The Court CERTIFIES the following Class: All persons who and entities who purchased the publicly traded common stock of CHS from July 27, 2006 through April 8, 2011, inclusive, and who were damaged thereby. Excluded from the Class are Defendants, the officers and directors of the company, at all relevant times, members of their immediate families and their legal representatives, heirs, successors or assigns and any entry in which Defendants have or had a controlling interest. Lead Plaintiff (NYC Funds) is APPOINTED as Class Representative, and Lowey Dannenberg is APPOINTED as Class Counsel. Signed by District Judge Eli J. Richardson on 7/29/2019. (am) (Entered: 07/29/2019)

07/29/2019 Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 7/29/2019. Order to enter. (Hearing lasted 1:30)(kw) (Entered: 07/29/2019)

07/29/2019 397 ORDER Concerning depositions, settlement efforts and scheduling order. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(JBB) (Entered: 07/29/2019)

08/01/2019 Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 8/1/2019. Order to enter. (Hearing lasted :20)(af) (Entered: 08/02/2019)

08/02/2019 398 ORDER: On August 1, 2019, a telephone conference was conducted to discuss Lead Plaintiff's 30(b)(6) deposition of EmCare. However, Lead Plaintiff and Defendant indicated they had entered discussions on possible mediation efforts after a July 29, 2019 teleconference with the Magistrate Judge (D.E. 397). In order to allow for mediation efforts to continue and possibly avoid unnecessary costs, the Magistrate Judge will stay all proceedings including the trial date at least through a status telephone conference in early October on a date to be determined by the parties. If settlement is not foreseeable at that time a new scheduling order will be entered and a new trial date will be recommended. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(JBB) Modified Text on 8/5/2019 (am). (Entered: 08/02/2019)


08/15/2019 400 MOTION to Clarify re 396 Order, 395 Order on Motion to Certify Class by NYC Funds. (Attachments: # 1 Attachment A - [Proposed] Amended Class Certification Order)(Hart, Barbara) Modified Text on 8/16/2019 (am). (Entered: 08/15/2019)

08/16/2019 401 ORDER: Pending before the Court is Class Representative NYC Funds's Motion to Clarify Class Definition. (Doc. No. 400). Defendants are DIRECTED to file a response by Friday, August 23, 2019. Signed by District Judge Eli J. Richardson on 8/16/2019. (am) (Entered: 08/16/2019)

08/21/2019 402 RESPONSE in Opposition re 400 MOTION to Clarify re 396 Order 395 Order on Motion to Certify Class filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Attachments: # 1 Exhibit LP's 2d Supp. Response Re: 7/29/19 Teleconference)(Orseck, Gary) Modified Text on 8/22/2019 (am). (Entered: 08/21/2019)

08/27/2019 403 REPLY to Response to Motion re 400 MOTION to Clarify re 396 Order, 395 Order on Motion to Certify Class, filed by NYC Funds. (Hart, Barbara) Modified Text on 8/28/2019 (am). (Entered: 08/27/2019)

09/09/2019 404 Transcript filed for date of July 29, 2019, before Judge Joe Brown. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE

UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 9/16/2019. Redaction Request due 9/30/2019. Redacted Transcript Deadline set for 10/10/2019. Release of Transcript Restriction set for 12/9/2019. (RH) (Entered: 09/09/2019)

10/02/2019 405 MEMORANDUM OPINION OF THE COURT. Signed by District Judge Eli J. Richardson on 10/2/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 10/02/2019)

10/02/2019 406 ORDER granting in part and denying in part 400 Motion to Clarify. Signed by District Judge Eli J. Richardson on 10/2/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 10/02/2019)

10/07/2019 407 ORDER A discovery and scheduling conference was held with the parties today. After discussion with the parties and Judge Richardson this case will be scheduled by Judge Richardson in a separate order to begin December 1, 2020. He will issue a separate order for his requirements for the final pretrial conference and other trial deadlines. The parties estimate this case will take about three weeks to try with a jury. With the trial date fixed the parties agreed to submit an draft order to [email protected] if possible within the next week setting out deadlines for the completion of the case through dispositive motions. At least ninety days will be required after close of dispositive motions to the trial. The parties are working to resolve some responses to discovery issues. Plaintiffs should provide as many answers by October 15 as possible and give their best estimate on any remaining responses. If after meeting and conferring differences remain they should schedule a call with me in the usually fashion. I have provided the parties my phone number if it is necessary to contact me during any of the remaining depositions to resole any disputes so the depositions can be completed as scheduled. The parties are encouraged to continue their settlement discussion with Retired Judge Phillips (JBB) (Entered: 10/07/2019)

10/09/2019 408 ORDER SETTING CASE FOR TRIAL: Jury Trial set for 12/1/2020 09:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Exhibit List due by 11/16/2020. Witness List due by 11/16/2020. Pretrial Conference set for 11/23/2020 08:30 AM in Courtroom 874 before District Judge Eli J. Richardson. Joint Proposed Pretrial Order due by 11/16/2020. Signed by District Judge Eli J. Richardson on 10/9/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 10/09/2019)

10/15/2019 Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 10/07/2019. Order entered. (Hearing lasted :30)(kw) (Entered: 10/15/2019)

10/16/2019 409 Transcript filed for dates of August 1, 2019, before Judge Joe Brown. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT

AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 10/23/2019. Redaction Request due 11/6/2019. Redacted Transcript Deadline set for 11/18/2019. Release of Transcript Restriction set for 1/14/2020. (RH) (Entered: 10/16/2019)

10/24/2019 410 6CCA Order: The petition for permission to appeal is DENIED. (am) (Entered: 10/24/2019)

10/24/2019 411 SCHEDULING ORDER: (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(JBB) (Entered: 10/24/2019)

10/28/2019 412 Transcript filed for date of October 7, 2019, before Judge Joe Brown. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 11/4/2019. Redaction Request due 11/18/2019. Redacted Transcript Deadline set for 11/29/2019. Release of Transcript Restriction set for 1/27/2020. (RH) (Entered: 10/28/2019)

11/13/2019 413 MOTION for Extension of Time to File Draft Order Re Class Notice by NYC Funds. (Attachments: # 1 Exhibit Proposed Order Extending Time to File Class Notice, # 2 Exhibit PR Newswire US Distribution, # 3 Exhibit Proposed Order Approving Notice to Class and a Form of Press Release)(Hart, Barbara) (Entered: 11/13/2019)

11/18/2019 414 RESPONSE to Motion re 413 MOTION for Extension of Time to File Draft Order Re Class Notice filed by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith. (Orseck, Gary) (Entered: 11/18/2019)

01/06/2020 415 ORDER There is a motion pending before the District Judge for an extension of time to file for class certification (DE 413) to which a response has been filed. The parties are requested by Jan 13, 2020 to file a brief joint report of the status of this request to [email protected]. If a telephone conference would help case progress, I can schedule such a call. (JBB) (Entered: 01/06/2020)

01/07/2020 416 JOINT NOTICE of Settlement by W. Larry Cash, Community Health Systems, Inc., Wayne T. Smith (Madden, Matthew) Modified Text on 1/8/2020 (am). (Entered: 01/07/2020)

01/08/2020 417 ORDER re conference call to set schedule for preliminary and final approval of the proposed settlement of this case. I have 10;30 to 11:30 or 1:30 to 4:30 Jan. 9 or any time after 10:00 on Friday Jan. 10. The week of Jan. 13 I could schedule a call after 3:30 any day. Call in number would be same as used before. Parties are requested to confer and call my law clerk 615 736 2119 to set a definite date and time. If possible

before the call the parties should send a draft scheduling order to [email protected] prior to the call and included suggested dates for any hearings. Judge Richardson will give as much priority as possible to set dates for any needed hearing in the matter. (JBB) (Entered: 01/08/2020)

01/08/2020 418 ORDER A telephone conference regarding entering a scheduling order in this action is set for Thursday, January 9, 2020, at 3:30 p.m. CT. To participate in the conference call, the parties are directed to dial (877) 873-8017 at the scheduled time and enter Access Code 1958322# when prompted. If you have difficulty connecting to the call or have been on hold for more than five (5) minutes, please call 615-736-2119. Signed by Magistrate Judge Joe Brown on 1/8/2020. (kw) (Entered: 01/08/2020)

01/09/2020 419 ORDER I have been advised there is a conflict with the Telephone conference for today, but the parties are available at the same time tomorrow, The call is moved to 3:30 CT Jan 10,2020. (JBB) Modified Text on 1/10/2020 (am). (Entered: 01/09/2020)

01/10/2020 Set/Reset Hearings: Telephone Conference set for 1/10/2020 03:30 PM before Magistrate Judge Joe Brown. (am) (Entered: 01/10/2020)

01/10/2020 420 ORDER A telephone conference was held with the parties in this matter today. The parties should submit their request for preliminary approval of the proposed settlement along with a proposed schedule for notice to the class and a timetable for any objections by January 21, 2020. Subject to Judge Richardson's granting of the preliminary approval the parties should plan on a June 8, 2020 date for a hearing on the final approval. (JBB) (Entered: 01/10/2020)

01/10/2020 Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 1/10/2020. Order entered. (Hearing lasted :20)(kw) (Entered: 01/10/2020)

01/16/2020 421 ORDER Judge Richardson has advised that his availability has changed and that for the parties planning purposes for the scheduling order he is reserving June 19, 2020 at 8:30 am for any hearing. (JBB) (Entered: 01/16/2020)

01/21/2020 422 MOTION for Settlement for Preliminary Approval by NYC Funds. (Attachments: # 1 Attachment Proposed Order Granting Preliminary Approval Pursuant to Fed. R. Civ. P. 23(e)(1))(Hart, Barbara) (Entered: 01/21/2020)

01/21/2020 423 MEMORANDUM in Support of 422 MOTION for Settlement for Preliminary Approval filed by NYC Funds . (Attachments: # 1 Attachment Compendium of Unreported Cases)(Hart, Barbara) (Entered: 01/21/2020)

01/21/2020 424 SETTLEMENT AGREEMENT by NYC Funds. (Attachments: # 1 Exhibit A - Proposed Order Granting Preliminary Approval Pursuant to Fed. R. Civ. P. 23(e)(1), # 2 Exhibit A-1 - Notice of Class Certification and Proposed Settlement, # 3 Exhibit A-2 - Proof of Claim and Release, # 4 Exhibit A-3 - Summary Notice, # 5 Exhibit B - Proposed Final Judgment and Order of Dismissal With Prejudice)(Hart, Barbara) (Entered: 01/21/2020)

01/21/2020 425 DECLARATION of David C. Harrison in Support of Lead Plaintiff's Unopposed Motion for Preliminary Approval of Proposed Settlement filed by NYC Funds re: 422 MOTION for Settlement for Preliminary Approval. (Attachments: # 1 Exhibit 1 - Declaration of Michael A. Marek in Support of Preliminary Approval of Proposed Plan of Allocation, # 2 Exhibit 2 - Declaration of Adam D. Walter of A.B. Data, Ltd. Regarding Notice and Claims Administration)(Hart, Barbara) (Entered: 01/21/2020)

01/21/2020 426 Letter from Barbara J. Hart, Esq.. (Attachments: # 1 Attachment Proposed Order Granting Preliminary Approval Pursuant to Fed. R. Civ. P. 23(e)(1))(Hart, Barbara) (Entered: 01/21/2020)

01/28/2020 427 NOTICE by NYC Funds Concerning Lead Counsel's Request for Attorneys' Fees (Hart, Barbara) (Entered: 01/28/2020)

01/30/2020 428 Amended MOTION for Settlement for Preliminary Approval by NYC Funds. (Attachments: # 1 Attachment Proposed Order Granting Preliminary Approval Pursuant to Fed.R.Civ.P. 23(e)(1))(Hart, Barbara) (Entered: 01/30/2020)

01/30/2020 429 ORDER granting 422 Motion for Settlement; granting 428 Motion for Settlement. Signed by District Judge Eli J. Richardson on 1/30/2020. (Attachments: # 1 Exhibit A-1- Notice of Class Certification and Proposed Settlement, # 2 Exhibit A-2- Proof of Claim and Relase, # 3 Exhibit A - 3- Summary Notice) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 01/30/2020)

02/26/2020 430 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Alistair Newbern for all further proceedings. Magistrate Judge Joe Brown no longer assigned to case. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/26/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 02/27/2020)

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