WHEREAS, the parties appeared via Zoom before the Special Master for a status conference on May 5, 2023;

WHEREAS, Defendants contend that Plaintiffs have produced “filtered” claims data from their assignors and request that the Special Master order Plaintiffs to produce the “original, unaltered claims data” (“Issue 1”);

WHEREAS, with respect to Issue 1, Plaintiffs contend that the “original, unaltered claims data” contains a significant amount of information, much of which is irrelevant to these proceedings, and to review and parse through the information is unduly burdensome and the cost of doing so should be shifted to Defendants;

WHEREAS, Defendants also contend that Plaintiffs are required to file a statement concerning litigation funding as set forth in Local Rule 7.1.1, and Plaintiffs deny that such a statement is required in this matter (“Issue 2”);

WHEREAS, Defendants also contend that with respect to their assignor privilege log, Plaintiffs are required to produce 200 documents from Emblem Health, which were previously withheld on the basis of confidentiality, and which Plaintiffs have agreed to produce (“Issue 3.1”);

WHEREAS, Defendants further contend that with respect to Plaintiffs’ revised custodial privilege log, there are 422 documents for which Plaintiffs have improperly changed their privilege log to reflect new or additional bases for withholding such documents in violation of the Special Master’s March 6, 2023, Order (ECF No. 325) (“Issue 3.2”);

WHEREAS, with respect to Issue 3.2, Plaintiffs contend that the 422 documents were properly withheld and have requested that the Special Master conduct an in camera review of the documents;

WHEREAS, Defendants also contend that they have requested additional relevant documents by way of letter dated April 20, 2023, including corporate formation documents, marketing materials, agreements and funding documents with litigation funders, and nonresponsive slipsheets (“Issue 4”);

WHEREAS, with respect to Issue 4, Plaintiffs contend that such documents were not pulled under the Technology Assisted Review (“TAR”) protocol to which the parties have agreed and that Defendants have waited too long to follow up on these requests;

WHEREAS, Defendants have requested that the Special Master order the reopened 30(b)(6) depositions of SummaHealth and Health First to occur by a date certain, and for certain related documents to be produced in advance of those depositions, and for Plaintiffs to confirm whether they will produce another witness for assignors Clinica Las Mercedes and Interamerican Medical Center as set forth in Defendants’ correspondence dated April 28, 2023 (“Issue 5”);

WHEREAS, on May 3, 2023, Plaintiffs filed a Motion for Leave to Amend the Scheduling Order to Allow Additional Discovery of Defendants (ECF No. 358) pursuant to Fed. R. Civ. P. 16, and it is the Special Master’s understanding that the parties consent to the Special Master deciding the motion, and the parties have requested a briefing schedule (“Issue 6”);

WHEREAS, on November 23, 2022, Plaintiffs filed a Motion for Leave to File a Third Amended Complaint and to Substitute Plaintiff (“Motion to Amend”) (ECF No. 300), on December 5, 2022, Defendants filed opposition to the Motion to Amend (ECF No. 305), and on December 22, 2022, Plaintiffs filed a reply (ECF No. 309), and the Motion to Amend was referred to the Special Master by Magistrate Judge Cathy L. Waldor, and the parties request oral argument on the Motion to Amend (“Issue 7”);

IT IS HEREBY ORDERED that with respect to Issue 1, the Special Master has requested that the parties submit a letter setting forth their position on the issue, not to exceed 10 pages, with Defendants’ letter being due on May 19, 2023, and Plaintiffs’ response being due on May 29, 2023, after which the Special Master will make a ruling on the papers submitted;

IT IS FURTHER ORDERED that with respect to Issue 2, Plaintiffs are required to either submit a Local Rule 7.1.1 Statement or a certification setting forth why such a statement is unnecessary in this matter, to be filed on the docket, by May 17, 2023;

IT IS FURTHER ORDERED that with respect to Issue 3.1, Plaintiffs are required to produce the 200 documents from Emblem Health, previously withheld on the basis of confidentiality, by May 17, 2023;

IT IS FURTHER ORDERED that with respect to Issue 3.2, the Special Master will conduct an in camera review of the 422 documents and will make a ruling as to whether such documents are properly withheld, and Plaintiffs are directed to submit the documents to the Special Master for review by May 26, 2023;

IT IS FURTHER ORDERED that with respect to Issue 4, Plaintiffs are required to produce the documents requested in Defendants’ April 20, 2023, correspondence, as set forth above, by May 31, 2023;

IT IS FURTHER ORDERED that with respect to Issue 5, the reopened 30(b)(6) deposition of the SummaCare witness will occur on May 16, 2023, and all relevant documents set forth in Defendants’ April 28, 2023, correspondence relating to that witness shall be produced by May 12, 2023;

IT IS FURTHER ORDERED that with respect to Issue 5, the reopened 30(b)(6) deposition of the Health First witness will occur on May 18, 2023, and all relevant documents set forth in Defendants’ April 28, 2023, correspondence relating to that witness shall be produced by May 12, 2023;

IT IS FURTHER ORDERED that with respect to Issue 5, to the extent the dates set forth in this Order no longer work for the parties, the parties are directed to meet and confer to agree upon a new date for the reopened depositions, and all documents referenced in Defendants’ April 28, 2023, correspondence relating to each witness shall be produced seven (7) days before the scheduled deposition;

IT IS FURTHER ORDERED that with respect to Issue 5, Plaintiffs are directed to inform Defendants by May 12, 2023, whether they will agree to present another 30(b)(6) witness for assignors Clinica Las Mercedes and Interamerican Medical Center;

IT IS FURTHER ORDERED that with respect to Issue 6, Defendants’ opposition papers are due by May 24, 2023, and Plaintiffs’ reply papers are due by June 7, 2023, and the Special Master will issue a ruling on the papers submitted;

IT IS FURTHER ORDERED that with respect to Issue 7, the Special Master has granted the request for oral argument on the Motion to Amend, and such argument is scheduled for June 8, 2023, to begin promptly after the status conference scheduled for the same date, which will begin at 10 A.M. via Zoom.