*1 This matter came on for hearing before the Special Master, W. Terry Ruckriegle presiding, on November 29, 2023. Alan L. Kildow and Sonya R. Braunschweig appeared on behalf of Plaintiffs; Evan Rothstein, Leah Schultz, and Sam Sullivan of Arnold & Porter appeared on behalf of Defendant Vail Health.

During the hearing, Plaintiffs and Vail Health informed the Special Master that they had reached agreement as to the topics for a Rule 30(b)(6) deposition of Vail Health relating to Howard Head financial information (the “Deposition”) and that it would not exceed five hours. The unresolved issue related to any sanctions requested in Plaintiffs’ Rule 37(b) Motion #1 to Compel filed December 19, 2022 [ECF No. 425] (the “Motion”). The issues were whether to impose any sanctions and the scope of any sanctions that could be requested by Plaintiffs through the Motion if the deposition reveals discovery abuses such as misrepresentations or concealment. Vail Health agreed that its issues about sanctions were limited to: (1) Sanctions that had been requested in the Motion and (2) Sanctions for Vail Health's nonappearance at the Rule 30(b)(6) deposition on November 14, 2023. As to sanctions for discovery abuses that Plaintiffs might uncover in the Deposition related to Howard Head financial information, Vail Health agreed that by taking the Rule 30(b)(6) deposition Plaintiffs would not forfeit any right to file a motion seeking sanctions based on such conduct. In consideration of Vail Health's agreement, Plaintiffs agreed they would not pursue the sanctions requested in the Motion or seek sanctions for Vail Health's nonappearance at the deposition they had noticed for November 14, 2023.

This Order memorializes the parties’ agreement and the Special Master's decision on any other issue in the Motion where there was no agreement, as follows:

SO ORDERED this 3rd day of December 2023.