Exhibit 1

Case 0:20-cv-61007-AHS Document 122-1 Entered on FLSD Docket 06/30/2022 Page 1 of 4
1

Emmett, Nicole (LAA-Tpa)

From: Danya Pincavage <Danya@wolfepincavage.com>

Sent: Wednesday, June 29, 2022 3:13 PM

To: Kris Alderman; Patrick Emery

Cc: Bassel Frick, Irene (Ptnr-Tpa); Doug Wolfe; Tal J Lifshitz; Hana Aryan

Subject: Re: Discovery Hearing

I have been in a meeting since I emailed you. I can talk after your 5:30 obligation wraps up. Please send a dial in. 

Thanks. 

Danya J. Pincavage 

Wolfe | Pincavage 

O: 786-409-0802 

C: 786-390-9738 

From: Kris Alderman <kris.alderman@lhalawyers.com> 

Date: Wednesday, June 29, 2022 at 3:11 PM 

To: Patrick Emery <patrick.emery@lhalawyers.com>, Danya Pincavage <Danya@wolfepincavage.com> 

Cc: "irene.basselfrick@akerman.com" <irene.basselfrick@akerman.com>, Douglas Wolfe 

<Doug@wolfepincavage.com>, Tal J Lifshitz <tjl@kttlaw.com>, Hana Aryan 

<hana.aryan@wolfepincavage.com> 

Subject: RE: Discovery Hearing 

Danya, 

I am sorry that it appears we may not be able to talk before the close of business today. In addition to the point 

that Patrick made about Plaintiff’s proposal not satisfying the objective of the request because the proposal 

omits any disclosure of the services provided or classification of the services provided, there is an enormous 

incongruity between the level and amount of disclosure Defendants have agreed to and provided, on one hand, 

and the very limited amount of claims data Plaintiff proposes disclosing on the other hand. This is particularly 

problematic given the absence of any explanation of burden, lack of data, complexity of accessing the data, or 

other obstacles to disclosure. I still remain open to discussing this later this evening if there is any interest in 

compromise. 

Kris 

Kris Alderman

Partner

LAVENDER HOFFMAN ALDERMAN, LLC 

945 East Paces Ferry Road, NE, Suite 2000 

Atlanta, Georgia 30326 

Phone/Fax 404.400.4500 

Direct Phone/Fax 404.596.8887 

kris.alderman@lhalawyers.com

Case 0:20-cv-61007-AHS Document 122-1 Entered on FLSD Docket 06/30/2022 Page 2 of 4
2

www.lhalawyers.com

The information contained in this e-mail message is only for the personal and confidential use of the intended 

recipient(s). If you have received this communication in error, please notify us immediately by e-mail, and 

delete the original message.

From: Patrick Emery <patrick.emery@lhalawyers.com> 

Sent: Wednesday, June 29, 2022 2:10 PM 

To: Danya Pincavage <Danya@wolfepincavage.com>; Kris Alderman <kris.alderman@lhalawyers.com> 

Cc: irene.basselfrick@akerman.com; Douglas Wolfe <Doug@wolfepincavage.com>; Tal J Lifshitz <tjl@kttlaw.com>; Hana 

Aryan <hana.aryan@wolfepincavage.com> 

Subject: RE: Discovery Hearing 

Hi, Danya – Can we jump on a call at 2:30? The proposal below does not satisfy the objective of the request, 

which is to identify what Plaintiff historically charged and was paid for particular classifications of goods and 

services on a claim-line basis during the relevant timeframe. Here are the other data points that we requested 

that we would need in addition to the data points offered by Plaintiff. On the call, we’d like to discuss how the 

foregoing objective can be accomplished through Plaintiff’s reporting systems. 

1. Claim number (or account number) 

2. CPT Code 

3. HCPCS code 

4. Modifier 

5. number of units 

6. allowed amount 

7. out-of-pocket patient responsibility 

Thank you, 

Patrick M. Emery 

Partner 

LAVENDER HOFFMAN ALDERMAN, LLC 

Direct Phone 404.793.0652 

patrick.emery@lhalawyers.com

www.lhalawyers.com

From: Danya Pincavage <Danya@wolfepincavage.com> 

Sent: Wednesday, June 29, 2022 1:52 PM 

To: Kris Alderman <kris.alderman@lhalawyers.com>; Tal J Lifshitz <tjl@kttlaw.com> 

Cc: irene.basselfrick@akerman.com; Patrick Emery <patrick.emery@lhalawyers.com>; Doug Wolfe 

<Doug@wolfepincavage.com>; Hana Aryan <hana.aryan@wolfepincavage.com> 

Subject: Re: Discovery Hearing 

Kris, 

My client proposes the following compromise. 

For hospital claims from 2016 through 2020, Memorial can provide the following data fields: 

Date of service 

Facility Name 

Type of patient (in/out) 

Case 0:20-cv-61007-AHS Document 122-1 Entered on FLSD Docket 06/30/2022 Page 3 of 4
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Unique identifier for payer 

Payer line of business (includes self-pay – excludes traditional Medicare and traditional Medicaid) 

Total charge billed 

Payment amount from insurance 

Patient payment 

Whether in-network or out-of-network 

Whether paid under wrap or rental network 

Please let us know ELAP’s position. Thanks. 

Danya J. Pincavage 

Wolfe | Pincavage 

O: 786-409-0802 

C: 786-390-9738 

From: Kris Alderman <kris.alderman@lhalawyers.com> 

Date: Wednesday, June 29, 2022 at 1:41 PM 

To: Danya Pincavage <Danya@wolfepincavage.com>, Tal J Lifshitz <tjl@kttlaw.com> 

Cc: "irene.basselfrick@akerman.com" <irene.basselfrick@akerman.com>, Patrick Emery 

<patrick.emery@lhalawyers.com> 

Subject: Discovery Hearing 

Danya and Tal, 

I saw the order about filing a notice by close of business today. I wanted you to know that Patrick and I will be 

unavailable today from 3:15 until about 5:30. Irene is copied here. I do not know her availability, but I know her 

schedule is tight because she is out of town for depositions today. Assuming we need to talk, if we can do so 

before 3:15 that would ideal. I am happy to talk later in the day or tomorrow morning. I just wanted to let you 

know for planning purposes. 

Kris 

Kris Alderman

Partner

LAVENDER HOFFMAN ALDERMAN, LLC 

945 East Paces Ferry Road, NE, Suite 2000 

Atlanta, Georgia 30326 

Phone/Fax 404.400.4500 

Direct Phone/Fax 404.596.8887 

kris.alderman@lhalawyers.com

www.lhalawyers.com

The information contained in this e-mail message is only for the personal and confidential use of the intended 

recipient(s). If you have received this communication in error, please notify us immediately by e-mail, and 

delete the original message.

Case 0:20-cv-61007-AHS Document 122-1 Entered on FLSD Docket 06/30/2022 Page 4 of 4