1. Plaintiffs filed Motions to Compel #s 1-5 between September 2021 and October 2021. The Special Master conducted hearings on Motions # 1-2 on October 21, 2021, and Motions # 3-4 on October 22, 2021. (D. 200, D. 201) The parties later submitted proposed orders on all motions and responses.

2. During the hearings, it came to light that certain answers, information, and materials may have been produced since the filing of the motions. The Special Master believed that the hearings had been constructive to resolve some of the pending issues and directed Plaintiffs to specifically itemize what answers, information, and materials they still requested to be produced. The Special Master particularly directed the parties to meet and confer in the vein outlined by the Special Master (not merely by email) to resolve as many issues as possible and report the results to the Special Master by November 24, 2021. (See D. 202)

3. Defendants were specifically directed by the Special Master to respond by November 21, 2021, which they did not do. Nor did the confer by November 19, 2021. Plaintiffs and Defendants exchanged numerous emails but never actually conferred. Plaintiffs identified some dates and times, which the Special Master reviewed, but Defendants did not respond. Instead, Defendants filed a motion for protective order and in opposition to Plaintiffs’ Motion to Modify...and Extend Fact discovery (D. 230), for the purpose of staying “any further obligation” to respond to discovery requests. (D. 264)

4. The Special Master then conducted a conference call with the parties on December 10, 2021, and entered orders for Defendants to provide certain information and materials to Plaintiffs, including the identity of someone who created or had knowledge of who created a spreadsheet referenced during the call.

5. Rather than doing so, Defendants filed a Stipulation Regarding Howard Head Data and sent a 13-page letter to Plaintiffs’ counsel on December 17, 2021, purporting to respond to inquiries about patient data. Those resulted in yet another flurry of emails between counsel haggling over compliance with the Special Master orders, Plaintiffs’ interrogatories, and requests for production.

6. Of particular import in Defendant's December 29, 2021, email at 4:37 am, is the claim setting forth their “understanding” of the Special Master's order as reflected in the minute order. It went on to say in very carefully couched terms that Vail Health “believes” it has fully complied with the Special Master order based upon language in the Special Master's minute order of December 13, 2021. While such may be consistent with the phrase in the minute order for a document of authentication of information in the Excel Spreadsheet, it disregards the Special Master's direct verbal order during the conference call to identify an individual responsible for or knowledgeable about the creation of the spreadsheet.

*2 7. The parties have continued into the new year with their sometimes/sometimes not compliance with the Special Master requirement to meet and confer prior to filing pleadings over their discovery disputes.

8. During the hearings and conference call, Plaintiffs also requested that Vail Health be ordered to investigate and advise Plaintiffs and the Special Master whether they could identify how many columns could possibly be added as part of the spreadsheet. When Vail Health responded to the effect that it would be extremely burdensome, Plaintiffs requested to be provided with an additional three columns of information.