EXHIBIT C

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 1 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

XXX XXX XXX MM/DD/YYYY INS-BOS-XXXX Email from Doe to Roe re: Insys

1 9 9/20/2019 INS-BOS-04029005 Executive Org. Chart 401/402/403: Org chart is from April 

2015 after the statements at issue were made801/802: Hearsay if used for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

401: Not relevant to tmisrepresentations at case 601, 602: Unclear how utilized; needs proper and a witness who can this document 

2 33 12/20/2016 INSYS-MDL-008175485 Email from K. Sharpsten to B. 

Pipko re: ROO Market weekly dashboard

106: Missing attachments801/802: Hearsay if used for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

3 40, 202 6/4/2019 N/A Letter from US Attorney 

General to Attorney Hobart re: Insys Plea Agreement

401: Not relevant to tmisrepresentations at case 403: Prejudicial to introf the criminal case in civil securities case601, 602: Unclear how utilized; needs proper and a witness who can this document801/802/805: Hearsay truth of the matter ashearsay within hearsa901: Authenticity has established

Di Donato v. Babich, et al. , No. 16-cv-00302-NVW (D. Ariz.)

Joint Exhibit List

Page 1

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 2 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

4 45 7/14/2014 INS-BOS-04027058 Email from D. bucher to Relay 

Reporting re: Daily PSKQ Redemption Count, att: Daily Report for JK [attachment in native format]

801/802: Hearsay if used for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

401: Not relevant to tmisrepresentations at case 403: Prejudicial to introf the criminal case in civil securities case anevidence would confuwaste of time, cumula601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted

5 46 8/1/2014 INSYS_AZ_00131821 Email from K. Sharpsten to B. 

Pipko re: Weekly ROO Report - Oncology, att: ROO Market Weekly Sales Dashboard 2014 [attachment in native format]

403: Data in attachment is unreadable801/802: Hearsay as to the email if used with a witness other than Sharpsten for the truth of the matter asserted there. Hearsay as to the attacment if used for the truth of the matter assertedMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

6 47 9/3/2014 INSYS-MDL-008562966 Email from K. Sharpsten to B. 

Pipko re: ROO Market Wweekly Dashboard - Oncology, att: ROO Market Weekly Sales Dashboard 2014 [attachment in native format]

403: Data in attachment is unreadable801/802: Hearsay if the email or the attachment is used with someone other than the author for the truth of the matter assertedMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

401: Not relevant to t

misrepresentations at case 601, 602: Unclear how utilized; needs proper and a witness who can this document

Page 2

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 3 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

7 71 12/4/2014 DIDONATO-EJF-0023942 Email from B. Pipko to J. Kapoor 

re: Supportive Cancer Care Book

401/402/403: Supportive care book is not relevant to any claims/defenses because it was not complete until 2016 and at this point only was aspirational with no impact on revenue/sales growth801/802: Hearsay if used with someone other than the author for the truth of the matters asserted therein; Hearsay within hearsay as to Dr. Alberts statements if used for the truth of the matter asserted therein901: Authenticity has not been establishedMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

8 72 12/16/2014 INSYS_AZ_00230610 Email from S. Shangold to B. 

Pipko re: ONS Edge

401/402/403: ONS Regional Dinner Series is not relevant to any claims/defenses because it was not in place prior to the statements on March 3, 2015 and at this point only was aspirational with no impact on revenue/sales growth801/802: Hearsay if used for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

9 73 2/4/2014 INS5079044 Email from B. Pipko to M. Hein 

re: Did you get a chance to look at the onc sales aid that Lindsay send you? EOM

106: Email speaks to a document that has been provided to the recipients but is not in evidence401/402/403: See above.801/802: Hearsay if used with someone other than the author for the truth of the matters asserted therein; Hearsay within hearsay to the extent that Pipko references others statements and it is used for the truth of these statementsMIL #3: PC seeks to preclude Kapoor from 

presenting/eliciting evidence on topics for which he invoked the 5th

Page 3

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 4 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

10 76 4/7/2014 INS4873782 Email from M. Babich to 

Kapoor, Pipko and Napoletano re: Oncology Progress and Planning Report, att: Oncology Strategy update Report

401/402/403: Putative/aspirational oncological efforts or programs that were not executed/implemented by 4Q 2014 such that they could impact sales/revenue growth for FY14 are not relevant to claims/defenses801/802: Hearsay if the Pipko email and attachment are used with any other witness for the truth of the matter asserted therein; Hearsay if the Babich email is used with any other witness for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

11 77 4/10/2014 INSYS_AZ_00157382 Email from B. Pipko to R. 

Wachsman re: Oncology Division Territory Breakdown

801/802: Hearsay if the Pipko email is used with any other witness for the truth of the matter asserted thereing; Hearsay if any other email is used for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from 

presenting/eliciting evidence on topics for which he invoked the 5th

401: Not relevant to tmisrepresentations at case 601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted901: Authenticity has established

12 78 5/5/2014 INS-BOS-08952491 Email from B. Pipko to X. Yu re: 

Baseline for Oncology

MIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

13 79, 156 6/6/2014 INS-BOS-09164394 Email from A. Burlakoff to X. Yu 

and other re: Alignment Question for teams/territories

801/802: Hearsay if the Pipko email is used with any other witness for the truth of the matter asserted therein; Hearsay within hearsay with respect to Babich's statements in Pipko's email; Hearsay for the remaining emails in the exhibit to the extent used for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

403: Prejudicial to introf the criminal case in civil securities case 601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof the matter asserted attachment

Page 4

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 5 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

14 80, 159 6/30/2014 INS-BOS-08017421 Email from X. Yu to A. Burlakoff 

and others re: Important - Q3 Sales Force Structure Change and Onc-Pain HCP Re-alignment

801/802: Hearsay if used for the truth of the matter asserteed therein; Hearsay within hearsay for the statements contained within the emailMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

403: Prejudicial to intr

of the criminal case in civil securities case801/802: Hearsay if usof matter asserted601, 602: Unclear how utilized; needs proper and a witness who can this document

15 81 7/2/2014 INS-BOS-09158904 Email from B. Pipko to A. 

Burlakoff re: Check this outl, AMA registered oncologists

801/802: Hearsay if Pipko email is used with any other witness for the truth of the matter asserted therein; Hearsay within hearsay for the statements within Pipko's email if used for the truth of the matter asserted therein; Hearsay as to the other emails if used for the truth of the matter assert thereinMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

401: Not relevant to tmisrepresentations at case 403: Prejudicial to introf the criminal case in civil securities case anevidence would confu601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted901: Authenticity has established

16 83 6/30/2014 INS-BOS-09250416 Email from B. Pipko to M. 

Babich re: Advocacy Meeting with Dr. Kapoor

401/402/403: Putative/aspirational oncological efforts or programs that were not executed/implemented by 4Q 2014 such that they could impact sales/revenue growth for FY14 are not relevant to claims/defenses801/802: Hearsay as to emails sent by a witness in this Action if used with that witness for the truth of the matter asserted therein; Hearsay within hearsay for statements within these emails made by persons other than a withness in this Action if used for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

401: Advocacy issues to the discrete misrepat issue in this case 403: Prejudicial to introf the criminal case in civil securities case anevidence would confu601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted901: Authenticity has established

Page 5

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 6 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

17 86 8/15/2014 INS-BOS-09301980 Email from B. Pipko to M. 

Babich re: Agenda and Slide Deck for o8-11 Oncology Strategy Call, att: Oncology Division Staffing Update

401/402/403: Putative/aspirational oncological efforts or programs that were not executed/implemented by 4Q 2014 such that they could impact sales/revenue growth for FY14 are not relevant to claims/defenses801/802: Hearsay if not used with the author of the email (or the email and attachments as the case may be) for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

18 88 9/8/2014 INS-BOS-09332754 Email from B. Pipko to M. 

Babich re: Getting Back to the Basics, including IPS Programs and Resources email from D. Englehart

801/802: Hearsay if not used with the author of the email for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

19 89 9/10/2014 INS-BOS-09333451 Email from B. Pipko to R. 

Wachsman and others re: Oncology Priorities

801/802: Hearsay if not used with the author of the email for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from 

presenting/eliciting evidence on topics for which he invoked the 5th

20 90 9/10/2014 INS-BOS-11607258 Email from S. Beckhardt to B. 

Pipko re: Note to Oncology Steering Committee Cancelling meeting

401/402/403: Putative/aspirational oncological efforts or programs that were not executed/implemented by 4Q 2014 such that they could impact sales/revenue growth for FY14 are not relevant to claims/defenses801/802: Hearsay if not used with the author of the email for the truth of the matter asserted therein; Hearsay within hearsay as to Kapoor and Babich's statementsMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

401: Not relevant to tmisrepresentations at case 403: Prejudicial to introf the criminal case in civil securities case anevidence would confu601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted901: Authenticity has established

Page 6

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 7 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

21 93 10/14/2014 INSYS_AZ_00148562 Email from B. Pipko to Onc. 

Sales team scheduling meeting to discuss bureau and goals for oncology division

401/402/403: Putative/aspirational oncological efforts or programs that were not executed/implemented by 4Q 2014 such that they could impact sales/revenue growth for FY14 are not relevant to claims/defenses801/802: Hearsay if not used with the author of the calendar invite for the truth of the matter assertered therein. MIL #3: PC seeks to preclude Kapoor from 

presenting/eliciting evidence on topics for which he invoked the 5th

22 95 10/19/2014 INS-BOS-09200901 Email from A. Burlakoff to B. 

Pipko re: Pain calling on oncology 

801/802: Hearsay if not used with the author of the emails for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

23 97 10/28/2014 INSYS_AZ_00147708 Email from B. Pipko to Sales 

ONC re: Thank you for successful meetings

401/402/403: Putative/aspirational oncological efforts or programs that were not executed/implemented by 4Q 2014 such that they could impact sales/revenue growth for FY14 are not relevant to claims/defenses801/802: Hearsay if not used with the author of the email for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from 

presenting/eliciting evidence on topics for which he invoked the 5th

24 100 12/8/2014 INS-BOS-09182684 Email from B. Pipko to Sales 

ONC re: TOP Pain Prescribing Nurse Practitioners

401/402/403: Putative/aspirational oncological efforts or programs that were not executed/implemented by 4Q 2014 such that they could impact sales/revenue growth for FY14 are not relevant to claims/defenses801/802: Hearsay if not used with the author of the email for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

Page 7

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 8 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

25 116 N/A INS-BOS-00000047 Insys Therapeutics, Inc. 

Executive Org. Chart

401/402/403: Not relevant to the extent it reflects the organzation after the statements are made and/or not in FY14801/802: Hearsay to the extent it is used for the truth of the matters asserted hereinMIL #3: PC seeks to preclude Kapoor from 

presenting/eliciting evidence on topics for which he invoked the 5th

401: Not relevant to tmisrepresentations at case 601, 602: Unclear how utilized; needs proper and a witness who can this document

26 139 N/A INSYS_AZ_00704665 Q&A on Insys Speaker 

Programs and Related Issues to Katie

106/403: It is not clear if this is the final version or a draft or any other information about it401/402/403: Company's efforts with respect to compliance--Plaintiff Class not given discovery on compliance due to AC/WP (403)801/802: Hearsay to the extent it is used for the truth of the matter asserted therein901: Authenticity has not been establishedMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

401: Speaker program relevant to the discretmisrepresentations at case and not clear whrelevant time period403: Prejudicial to introf the criminal case in civil securities case 601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted901: Authenticity has established

27 140, 205 12/31/2014 N/A Insys Therapeutics 10-K Form 28 210 4/23/2014 INS-BOS-08947752 Email from M. Babich to J. 

Kapoor re: Survey topics

401/402/403: Putative/aspirational oncological efforts or programs that were not executed/implemented by 4Q 2014 such that they could impact sales/revenue growth for FY14 are not relevant to claims/defenses801/802: Hearsay to the extent it is used with someone other than the authors of the email for the truth of the matter assertedMIL #3: PC seeks to preclude Kapoor from 

presenting/eliciting evidence on topics for which he invoked the 5th

Page 8

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 9 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

29 212 9/15/2014 INS-BOS-09334482 Email from B. Pipko to M. 

Babich, J. Kapoor and others re: Agenda and Slides for Today's Oncology Strategy Call, att: Oncology Division Strategy Meeting Slides

801/802: Hearsay to the extent used with someone who is not an author of the emails for the truth of the matter assertedMIL #3: PC seeks to preclude Kapoor from 

presenting/eliciting evidence on topics for which he invoked the 5th

30 248 3/6/2014 INS-BOS-01016069 Email from B. Pipko to M. 

Babich re: Jerry Rosenberg

801/802: Hearsay to the extent used with someone who is not an author of the emails for the truth of the matter assertedMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

31 249 5/14/2014 DIDONATO-EJF-0026745 Email from X. Yu to M. Babich 

re: Subsys Analysis Two - Subsys Sales by Specialty vs Market

801/802: Hearsay to the extent used with someone who is not an author of the emails for the truth of the matter asserted901: No way to authenticate this and the witness could not do so eitherMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

32 251 7/30/2014 INS-BOS-09295459 Email from B. Pipko to M. 

Babich re: Oncology Candidates and Locations

801/802: Hearsay to the extent used with someone who is not an author of the emails for the truth of the matter asserted901: Authenticity has not been establishedMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

401: Not relevant to tmisrepresentations at case 403: Prejudicial to introf the criminal case in civil securities case anevidence would confu601, 602: Unclear how utilized; needs proper and a witness who can this document901: Authenticity has established

Page 9

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 10 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

33 296 9/17/2019 N/A Bio of Dr. Alka M. Arora 401/402/403: Not relevant to the 

claims/defenses because this is present day information that may or may not have been available in FY14 and there is no evidence that Insys accessed or relied upon this kind of data or this specific exhibit for its analyses601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for the truth of the matters asserted therein901: No way to authenticate this and the witness could not do so eitherMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

401: Not relevant to t

misrepresentations at case403: Evidence would cjury 601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted901: Authenticity has established

34 297 9/17/2019 N/A Bio of Dr. Jennifer M. Zikria 401/402/403: Not relevant to the 

claims/defenses because this is present day information that may or may not have been available in FY14 and there is no evidence that Insys accessed or relied upon this kind of data or this specific exhibit for its analyses601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for the truth of the matters asserted therein901: No way to authenticate this and the witness could not do so eitherMIL #3: PC seeks to preclude Kapoor from 

presenting/eliciting evidence on topics for which he invoked the 5th

401: Not relevant to tmisrepresentations at case403: Evidence would cjury 601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted901: Authenticity has established

Page 10

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 11 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

35 298 9/17/2019 N/A Bio of Dr. Laurence Altshuler 401/402/403: Not relevant to the 

claims/defenses because this is present day information that may or may not have been available in FY14 and there is no evidence that Insys accessed or relied upon this kind of data or this specific exhibit for its analyses601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for the truth of the matters asserted therein901: No way to authenticate this and the witness could not do so eitherMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

401: Not relevant to t

misrepresentations at case403: Evidence would cjury 601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted901: Authenticity has established

36 299 9/17/2019 N/A WebMD Screenshot of Stefanie 

L. Casey, Medical Oncology

401/402/403: Not relevant to the claims/defenses because this is present day information that may or may not have been available in FY14 and there is no evidence that Insys accessed or relied upon this kind of data or this specific exhibit for its analyses601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for the truth of the matters asserted therein901: No way to authenticate this and the witness could not do so eitherMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

401: Not relevant to tmisrepresentations at case403: Evidence would cjury 601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted901: Authenticity has established

Page 11

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 12 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

37 300 9/17/2019 N/A WebMD Screenshot of Dr. 

Christina M. Campolo

401/402/403: Not relevant to the claims/defenses because this is present day information that may or may not have been available in FY14 and there is no evidence that Insys accessed or relied upon this kind of data or this specific exhibit for its analyses601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for the truth of the matters asserted therein901: No way to authenticate this and the witness could not do so eitherMIL #3: PC seeks to preclude Kapoor from 

presenting/eliciting evidence on topics for which he invoked the 5th

401: Not relevant to tmisrepresentations at case403: Evidence would cjury 601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted901: Authenticity has established

38 74, 276 3/19/2014 INS-BOS-08827758 Email from M. Napoletano to 

Pipko re: Prep for Monday Onc Call

401/402/403: Putative/aspirational oncological efforts or programs that were not executed/implemented by 4Q 2014 such that they could impact sales/revenue growth for FY14 are not relevant to claims/defenses801/802: Hearsay if any of the email is used for the truth of the matter asserted therein; Hearsay within hearsay in certain parts of the chainMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

39 Factiva 

Expert Documents

3/3/2015 INSYS-COFFMAN001890 Dow Jones_Insys Therapeutics 

4Q EPS 25c

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801, 802: Hearsay if used for the truth of the matter asserted therein; Hearsay within hearsay for quotes or attributions within the article901: Authenticity has not been established

401: Not relevant to tmisrepresentations at case 403: Prejudicial to intrnegative media covera601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted 

40 3/3/2015 N/A Q4 2014 Insys Therapeutics Inc 

Earnings Call - Final

Page 12

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 13 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

41 Smith 

Expert Documents

11/27/2014 N/A Public Press - Using doctors 

with troubled pasts

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801, 802: Hearsay if used for the truth of the matter asserted therein; Hearsay within hearsay for quotes or attributions within the article901: Authenticity has not been established

401: Not relevant to tmisrepresentations at case403: Prejudicial to intrnegative media covera601, 602: Unclear how utilized; needs proper and a witness who can this document801/802/805: Hearsay truth of matter assertwithin hearsay 

42 Smith 

Expert Documents

3/3/2015 INSYS-COFFMAN003380 Analyst Reports - 2015-03-03 

(JEFFERIES) Insys Therapeutics, Inc._ INSY_ BUY_ ...uarter from INSY; Three Key Takeaways.25560570.pdf

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801, 802: Hearsay if used for the truth of the matter asserted therein; Hearsay within hearsay for quotes or attributions within the analyst report901: Authenticity has not been established

401: Not relevant to tmisrepresentations at case 601, 602: Unclear how utilized; needs proper and a witness who can this document801/802/805: Hearsay truth of matter assertwithin hearsay 1002: Article part of creport is not best evid

43 Smith 

Expert Documents

3/3/2015 INSYS-COFFMAN003389

INSYS-COFFMAN005861

Analyst Reports - 2015-03-03 (WELLS FARGO SECURITIES,) INSY_ Strong Subsys Revenues Drive the Next Chapter (Pipeline)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801, 802: Hearsay if used for the truth of the matter asserted therein; Hearsay within hearsay for quotes or attributions within the analyst report901: Authenticity has not been established

401: Not relevant to tmisrepresentations at case 601, 602: Unclear how utilized; needs proper and a witness who can this document801/802/805: Hearsay truth of matter assertwithin hearsay 1002: Article part of creport is not best evid

Page 13

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 14 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

44 Smith 

Expert Documents

3/4/2015 INSYS-COFFMAN003395

INSYS-COFFMAN005867

Analyst Reports - 2015-03-04 (JMP SECURI) Strong Growth Expected to Continue i... Anticipated from Pipeline Catalysts

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801, 802: Hearsay if used for the truth of the matter asserted therein; Hearsay within hearsay for quotes or attributions within the analyst report901: Authenticity has not been established

401: Not relevant to t

misrepresentations at case 601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted 1002: Article part of creport is not best evid

45 Smith 

Expert Documents

3/4/2015 INSYS-COFFMAN003410

INSYS-COFFMAN005874

Analyst Reports - 2015-03-04 (OPPENHEIMER AND CO) 4Q14 Results_ Subsys Has Still Got It

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801, 802: Hearsay if used for the truth of the matter asserted therein; Hearsay within hearsay for quotes or attributions within the analyst report901: Authenticity has not been established

401: Not relevant to tmisrepresentations at case 601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted 1002: Article part of creport not best eviden

46 Smith 

Expert Documents

3/4/2015 INSYS-COFFMAN003402

INSYS-COFFMAN005879

Analyst Reports - 2015-03-04 (RBC CAPITA) Insys Therapeutics - Subsys trends ...ressing - raising price target to $65.

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801, 802: Hearsay if used for the truth of the matter asserted therein; Hearsay within hearsay for quotes or attributions within the analyst report901: Authenticity has not been established

401: Not relevant to tmisrepresentations at case 601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted 1002: Article part of creport is not best evid

Page 14

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 15 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

47 Smith 

Expert Documents

12/3/2015 INSYS-COFFMAN006107 Public Press - Murder 

Incorporated

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801, 802: Hearsay if used for the truth of the matter asserted therein; Hearsay within hearsay for quotes or attributions within the article901: Authenticity has not been established

401: Not relevant to tmisrepresentations at case403: Prejudicial to intrnegative media covera601, 602: Unclear how utilized; needs proper and a witness who can this document801/802/805: Hearsay truth of matter assertwithin hearsay 1002: Not best eviden

48 Smith 

Expert Documents

1/25/2016 INSYS-COFFMAN006120 Public Press - The brotherhood 

of thieves

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801, 802: Hearsay if used for the truth of the matter asserted therein; Hearsay within hearsay for quotes or attributions within the article901: Authenticity has not been established

401: Not relevant to tmisrepresentations at case403: Prejudicial to intrnegative media covera404: Impermissible to evidence of other bad evidence of misprepreissue in this case601, 602: Unclear how utilized; needs proper and a witness who can this document801/802/805: Hearsay truth of matter assertwithin hearsay 1002: Not best eviden

Page 15

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 16 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

49 3/24/2014 INS4855379 Email from Michael Babich to 

John Kapoor and others re: 10 am (with attachments)

401, 402, 403: Putative/aspirational oncological efforts or programs that were not executed/implemented by 4Q 2014 such that they could impact sales/revenue growth for FY14 are not relevant to claims/defenses601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801, 802: Hearsay if used with someone other than the author for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

601, 602: Unclear how utilized; needs proper and a witness who can this document901: Authenticity has 

established

50 9/15/2014 INS-BOS-00544843 Email from D. Reimer to C. 

Homrich re: Additional Information as a follow Up to last weeks conversation about Galena

401, 402, 403: Putative/aspirational oncological efforts or programs that were not executed/implemented by 4Q 2014 such that they could impact sales/revenue growth for FY14 are not relevant to claims/defenses601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801, 802: Hearsay if used with someone other than the author for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

Page 16

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 17 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

51 2/1/2015 INS-BOS-09176018 Email from B. Pipko to N. 

Oquendo and others re: Highlights from Friday's Live Oncology Meeting

401, 402, 403: Putative/aspirational oncological efforts or programs that were not executed/implemented by 4Q 2014 such that they could impact sales/revenue growth for FY14 are not relevant to claims/defenses; this refers to meeting and efforts in early 2015 so not relevant to claims reFY14 revenues/sales growth601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801, 802: Hearsay if used with someone other than the author for the truth of the matter asserted therein; Hearsay within hearsay as to Alberts and Von Hoff statementsMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

52 5/12/2014 INS-BOS-09288362 Email from B. Pipko to M. 

Babich re: Oncology Division Progress, Challenges, and Solutions

401, 402, 403: Putative/aspirational oncological efforts or programs that were not executed/implemented by 4Q 2014 such that they could impact sales/revenue growth for FY14 are not relevant to claims/defenses601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801, 802: Hearsay if used with someone other than the author for the truth of the matter asserted therein901: Authenticity has not been establishedMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

Page 17

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 18 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

53 5/12/2014 INS-BOS-09288363 PowerPoint Presentation re: 

Oncology Division Staffing Report - SUBSYS Board of Directors Meeting

401, 402, 403: Putative/aspirational oncological efforts or programs that were not executed/implemented by 4Q 2014 such that they could impact sales/revenue growth for FY14 are not relevant to claims/defenses601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801, 802: Hearsay if used with someone other than the author for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

54 7/21/2014 INS-BOS-09326213 Email from M. Babich to N. 

Oquendo re: Slides for Today's Presentation

106: Missing attachments so incomplete401, 402, 403: Putative/aspirational oncological efforts or programs that were not executed/implemented by 4Q 2014 such that they could impact sales/revenue growth for FY14 are not relevant to claims/defenses601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801, 802: Hearsay if used with someone other than the author for the truth of the matter asserted thereinMIL #3: PC seeks to preclude Kapoor from presenting/eliciting evidence on topics for which he invoked the 5th

Page 18

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 19 of 118
TRIAL EX. NO.˄ DEP. EX. 

NO.

BOS. CRIM. 

TRIAL EX. NO.

DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR PLAINTIFF CLASS 

OBJECTION(S)^

BASES FOR DEFE

OBJECTION

55 5/2/2019 N/A Jury Verdict - 16-cr-10343-ADB 401: Not relevant to t

misrepresentations at case 403: Prejudicial to introf the criminal case in civil securities case anevidence would confu404: Impermissible to evidence of other bad evidence of misrepresissue in this case601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted 

56 1/29/2015 INS-BOS-11614473 Email from E. Sporkin to D. 

Hollandsworth, et al. re: Follow up to meeting with Steve Shangold: Proposals for Nursing Activities

106/403: Unclear whether this document is final or draft or if it was ever sent, used, or otherwise relied upon and so not clear if it is complete401, 402, 403: Putative/aspirational oncological efforts or programs that were not executed/implemented by 4Q 2014 such that they could impact sales/revenue growth for FY14 are not relevant to claims/defenses601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801, 802: Hearsay if used with someone other than the author for the truth of the matter asserted therein; Hearsay within hearsay for third party statementsMIL #3: PC seeks to preclude Kapoor from 

presenting/eliciting evidence on topics for which he invoked the 5th

403: Prejudicial to introf the criminal case in civil securities case anevidence would confu601, 602: Unclear how utilized; needs proper and a witness who can this document801/802: Hearsay if usof matter asserted901: Authenticity has established

Page 19

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 20 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

XXX XXX XXX MM/DD/YYYY INS-BOS-XXXX Email from Doe to Roe re: Insys57 010 10/1/2015 INS-BOS-00000047 Employee Organization Charts 401: Not relevant to the discrete misrepresentations at 

issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document 

58 011 2/12/2014 INS3582989 Email from M. Babich to A. Burlakoff, et al. re 

FW: Speaker Allocation - Step 1

59 015 10/15/2014 INS-BOS-09199830 Email from A. Burlakoff to B. Pipko, et al. re Re: 

Q4 Oncology ISPs

401: Not relevant to the discrete misrepresentations at issue in this case 

60 016 5/6/2014 INSYS-MDL-009779171 Email from J. Roper to R. Ortense, et al. re Fwd: 

SUBSYS Writer Tracker - Wk Ending 5/2

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

61 017 3/24/2014 INS1881900 SUBSYS Incentive Compensation Plan, Q2 2014 401: Not relevant to the discrete misrepresentations at 

issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; prejudicial to show employee compensation601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

62 032 1/7/2015 INSYS-MDL-008181427 Email from K. Sharpsten to B. Pipko, et al. re 

ROO Market weekly dashboard - Oncologists IMS through 12/26, REMS through 1/2 (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

63 034 5/14/2014 DIDONATO-EJF-0026745 Email from X. Yu to M. Babich, et al. re RE: 

Subsys Analysis Two - Subys Sales by Specialty vs Market

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

64 039 5/31/2019 Response to Lead Plaintiff's Second Set of 

Requests for Admission Addressed to Michael L. Babich

65 041 6/5/2019 Information (United States of America v. Insys 

Therapeutics, Inc., et al., No. 1:19-cr-10191 (D. Mass.))

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case801/802/805: Hearsay if used for truth of the matter asserted; hearsay within hearsay

66 042 5/24/2019 Defendant Insys Therapeutics, Inc.'s Amended 

Responses to Lead Plaintiff's First Set of Interrogatories

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of the matter asserted; hearsay within hearsay

Di Donato v. Babich, et al. , No. 16-cv-00302-NVW (D. Ariz.)

Plaintiffs' Exhibit List1

Page 1

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 21 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

67 044 1/20/2014 INS-BOS-00068094 Email from X. Yu to Sales DMS, et al. re SUBSYS 

Top Writers Trending by Week 2014-01-17 (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of the matter asserted in email or attachment

68 50, 82, 162 7/16/2014 INS-BOS-09162514 Email from X. Yu to B. Pipko, et al. re Updates 401: Not relevant to the discrete misrepresentations at 

issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

69 069 4/10/2014 INS2151239 Email from X. Yu to B. Pipko, et al. re Q2 IC Plan 

(with attachment)

401: Compensation not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

70 087 8/18/2014 INS-BOS-09302296; and 

NATIVE

Email from X. Yu to B. Pipko, et al. re RE: Subsys Q3 Net Sales Forecast vs Actual 8.15

71 094 10/14/2014 INSYS_AZ_00133900 Email from D. Englehart to L. McBride, et al. re 

Speakers Mandatory

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of the matter asserted in email or attachment

72 098 11/17/2014 INS-BOS-01036481 Email from B. Pipko to Sales ONC All, et al. re 

Expectations [UNSCANNED]

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

73 099 12/4/2014 INS-BOS-08020981 Email from A. Burlakoff to Sales ONC All, et al. 

re Daily Rep Report 12-3-2014 [UNSCANNED]

74 101 12/17/2014 INSYS_AZ_00225673 Email from A. Burlakoff to B. Pipko Re: Daily 

PSKW Redemption Count [UNSCANNED]

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of the matter asserted in email or attachment

Page 2

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 22 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

75 119 4/7/2014 INS-BOS-00138228 Email from X. Yu to M. Babich, et al. re SUBSYS 

Relay Weekly QuickView - Week Ending 04/04 (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of the matter asserted in email or attachment

76 120 7/8/2014 INS-BOS-00290732 Email from X. Yu to M. Babich, et al. re ROO & 

Subsys Institutional Sales Report May 2014 (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of the matter asserted in email or attachment

77 121 1/10/2014 INSYS_AZ_00575856 Email from X. Yu to Relay Reporting, et al. re 

ROO Market Monthly Sales Dashboard - Nov'13

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of the matter asserted in email or attachment

78 122 7/1/2014 INSYS_AZ_00548738 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of the matter asserted in email or attachment

79 123 10/11/2014 INSYS_AZ_00529635 Email from L. Gurrieri to Relay Reporting, et al. 

re IRC Numbers Tracking Sheet 10-10-2014 ~60 auths for the day - 230 auths for the week (PA Specialists) (with attachment)

401: Prior authorrization issues not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of the matter asserted in email or attachment

80 124 10/27/2014 INSYS_AZ_00652098 Email from J. Doroz to D. Baker, et al. re IRC 

performance analysis.xlsx (with attachment)

401: IRC issues not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of the matter asserted in email or attachment

81 126 9/6/2014 INSYS_AZ_00538868 Email from A. Burlakoff to Sales All re Fw: 

56996 TRx, ~184 Rx Yesterday, ~780 Rx for Week

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of the matter asserted in email or attachment

82 127 9/29/2014 INSYS_AZ_00533533 Email from A. Burlakoff to Sales All re Fw: 5 

days without new

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of the matter asserted in email or attachment

Page 3

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 23 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

83 129 1/9/2019 Letter from A. Lelling to J. Sollers, et al. re 

United States v. Michael L. Babich, No. 16-cr10343 (D. Mass.); Parties Agreed Statement of Facts; Information

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of the matter asserted in email or attachment; hearsay within hearsay901: Authenticity has not been established

84 130 10/28/2016 INS-BOS-06665290 Combined Statement 401: Speaker payments not relevant to the discrete 

misrepresentations at issue in this case and records are not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

85 131 2/8/2016 INS-BOS-00793511 Combined Statement 401: Speaker payments not relevant to the discrete 

misrepresentations at issue in this case and records are not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

86 132 12/9/2013 INS5132459 Email from M. Babich to D. Baker re Fw: Ny 401: Not relevant to the discrete misrepresentations at 

issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

87 133 3/16/2018 DOJ Press Release - Five Manhattan Doctors 

Indicted For Accepting Bribes And Kickbacks From A Pharmaceutical Company In Exchange for Prescribing Powerful Fentanyl Narcotic

401: Unrelated criminal indictment of non-parties not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; prejudicial to introduce criminal indictment of non-parties801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

88 134 5/9/2014 INSYS_AZ_00556530 Email from J. Doroz to D. Baker re RE: Inventory 

Status

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

Page 4

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 24 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

89 136 5/26/2017 DOJ Press Release - Dr. Couch and Dr. Ruan 

Sentenced to 240 and 252 Months In Federal Prison For Running Massive Pill Mill

401: Press release regarding crimes of non-parties not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; prejudicial to introduce evidence of criminal activity of non-parties701: Impermissible opinion testimony801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this documentMIL: Subject to defendants' motions in limine

90 137 5/10/2014 INSYS_AZ_00557812 Email from J. Ferayorni to D. Baker, et al. re RE: 

Michigan doctor prescribing history

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case801/802: Hearsay if used for truth of matter asserted

91 138 10/21/2014 INSYS_AZ_00654766 Email from K. Thomas to D. Baker re Story 

about doctor payments/Insys

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case801/802: Hearsay if used for truth of matter asserted

92 141 6/10/2019 Defendant Darryl S. Baker's Amended 

Responses to Interrogatories 1 Through 5 of Lead Plaintiff's First Set of Interrogatories

93 142 6/10/2019 Defendant Darryl S. Baker's Responses to Lead 

Plaintiff's Second Set of Interrogatories

94 143, 214 10/6/2014 INS-BOS-09261017 Email from D. Baker to M. Babich re RE: 

Observations

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case

95 153 4/21/2014 INSYS-MDL-007609202 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time801/802: Hearsay if used for truth of matter asserted in email or attachment601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

96 154 4/28/2014 INSYS-MDL-007612414 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time801/802: Hearsay if used for truth of matter asserted in email or attachment601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

Page 5

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 25 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

97 155 5/14/2014 DIDONATO-EJF-0026754 Email from A. Burlakoff to X. Yu, et al. re Re: 

Subsys Analysis Two - Subsys Sales by Specialty vs Market

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

98 157 6/6/2014 INS-BOS-09164455 Email from X. Yu to A. Burlakoff, et al. re Some 

numbers on pain-onc separation

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

99 158 6/20/2014 INSYS-MDL-008152777 Email from X. Yu to B. Pipko RE: Average 

amount of refills for subsys oncology patient versus a pain patient

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

100 160 6/30/2014 INS-BOS-00513814 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury; cumulative; waste of time601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

101 161 7/7/2014 INSYS-MDL-008156462 Email from X. Yu to J. Kapoor, et al. re FW: Daily 

PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

102 163 8/4/2014 INS-BOS-11821008 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

103 164 8/11/2014 INS-BOS-09172047 Email from X. Yu to B. Pipko, et al. re RE: Subsys 

Q3 Net Sales Forecast vs Actual Wk Ending 8.8 

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; evidence would confuse jury801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

Page 6

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104 165 8/18/2014 INS-BOS-09302296 Email from X. Yu to B. Pipko, et al. re RE: Subsys 

Q3 Net Sales Forecast vs Actual 8.15

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; evidence would confuse jury801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

105 166 10/8/2014 DIDONATO-EJF-0017927 Email from X. Yu to J. Kapoor, et al. re FW: 

Oncology Q3 detail call report

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; evidence would confuse jury801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

106 167 10/15/2014 INS-BOS-09199843 Email from X. Yu to A. Burlakoff, et al. re Update 

on various oncology projects

107 168 10/29/2014 INS-BOS-09187527 Email from D. Bucher to X. Yu, et al. RE JK 

Report w/Specialty Group

108 169 11/3/2014 INS-BOS-11842678 Email from R. Pitts to Relay Reporting re Daily 

PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

109 170 11/10/2014 INS-BOS-04027954 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

110 171 12/1/2014 INS-BOS-04027589 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

Page 7

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111 172 12/26/2014 INS-BOS-11839931 Email from R. Pitts to Relay Reporting re Daily 

PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

112 173 12/15/2014 INSYS-MDL-007272572 Email from X. Yu to M. Babich, et al. re SUBSYS 

Relay Weekly QuickView - Week Ending 12/12 (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

113 200, 221 9/11/2018 Second Superseding Indictment (United States 

of America v. Babich, et al., No. 1:16-cr-10343 (D. Mass.))

401: Criminal indictment is not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; evidence would confuse jury801/802: Hearsay if used for truth of matter asserted

114 201 1/9/2019 Parties' Agreed Statement of Facts (United 

States of America v. Babich, No. 1:16-cr-10343 (D. Mass.))

115 202 6/4/2019 Letter from A. Lelling to G. Hobart re United 

States v. Insys Pharma, Inc.; Statement of Facts for Insys Therapeutics, Inc. Deferred Prosecution Agreement and Insys Pharma, Inc. Plea Agreement

801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

116 203 6/11/2019 Defendant John N. Kapoor's Responses and 

Objections to Lead Plaintiff's Second Set of Requests for Admission

117 204 12/1/2015 Thomson Reuters Transcript - Insys 

Therapeutics Inc. at Piper Jaffray Healthcare Conference

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce evidence that would confuse the jury

118 207 5/10/2019 Defendant John N. Kapoor's Responses and 

Objections to Lead Plaintiff's First Set of Interrogatories

401: Contains responses to requests that are not relevant to the discrete misrepresentations at issue in this case 801/802: Hearsay if used for truth of matter asserted611: Improper mode and order of presentation

119 208 6/11/2019 Defendant John N. Kapoor's Responses and 

Objections to Lead Plaintiff's Second Set of Interrogatories

401: Contains responses to requests that are not relevant to the discrete misrepresentations at issue in this case 801/802: Hearsay if used for truth of matter asserted611: Improper mode and order of presentation

120 215 10/14/2014 INS-BOS-09263678 Email from M. Babich to P. Fourteau re RE: 

Staffing Follow-Up

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case

Page 8

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121 216, 222 11/28/2018 Transcript of Rule 11 Hearing (United States of 

America v. Burlakoff, No. 16-cr-10343 (D. Mass.))

401: Non-party's criminal plea is not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; prejudicial to introduce evidence of criminal acts of non-party801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

122 217 11/12/2014 DIDONATO-EJF-0024149 Email from A. Burlakoff to J. Kapoor re Fwd: 

Time for Oncology to do some lifting. You are already!

123 219 12/1/2014 INS-BOS-04027589 Email from R. Pitts to Relay Report, et al. re 

Daily PSKW Redemption Court [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

124 220 6/5/2012 INS-BOS-08485335 Alec Burlakoff Resume 125 224 12/12/2013 News Release - Insys Therapeutics Receives 

Subpoena from Office of Inspector General

401: Article regarding OIG subpoena is not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; evidence would confuse jury801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

126 225 10/14/2014 INS-BOS-09263624 Email from M. Babich to P. Fourteau re FW: 

Staffing Follow-Up

127 233 10/29/2014 INS-BOS-09187515 Email from D. Bucher to X. Yu, et al. re RE: JK 

Report w/Specialty Group

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; evidence would confuse jury801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

128 234 11/12/2014 INS-BOS-09190014 Email from A. Burlakoff to B. Pipko re RE: Time 

for Oncology to do some lifting. You are already!

129 235 11/20/2014 INS-BOS-09192584 Email from A. Burlakoff to Sales ONC, et al. re 

we have not failed / we cannot quit / we will supersede all expectations!

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; evidence would confuse jury801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

130 242 1/3/2019 Information (United States of America v. 

Babich, No. 1:16-cr-10343 (D. Mass.)); Criminal Case Cover Sheet

Page 9

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131 243 6/10/2019 Defendant Michael L. Babich's Response to 

Lead Plaintiff's Third Set of Requests for Admission Addressed to Michael L. Babich

132 244 2/15/2019 Excerpt of Transcript Testimony of Michael L. 

Babich, February 15, 2019 (Trial Day 20) (United States of America v. Gurry, et al., No. 16-cr10343 (D. Mass.))

133 245, Smith 007 3/3/2015 Thomson Reuters Transcript - Q4 2014 Insys 

Therapeutics Inc. Earnings Call

134 246 5/31/2019 Defendant Michael L. Babich's Responses to 

Lead Plaintiff's First Set of Interrogatories

135 247 6/14/2019 Defendant Michael L. Babich's Responses to 

Lead Plaintiff's Second Set of Interrogatories

136 254 12/26/2014 INS-BOS-11839931 Email from R. Pitts to Relay Reporting re Daily 

PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

137 9/17/2012 INSYS-MDL-009299685 Email from A. Burlakoff to Sales All, et al. re 

Insys Speaker Program

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 801/802: Hearsay if used for the truth of the matter asserted

138 8/19/2012 INS5241982 Email from H. Brown to M. Babich, et al. re 

Physician update

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time801/802: Hearsay if used for the truth of the matter asserted

139 11/3/2014 INS-BOS-09188096 Email from B. Pipko to M. Babich, et al. re 

Oncology Strategy Meeting 11/3 (with attachment)

140 8/25/2015 INSYS-MDL-008347628 Email from K. Sharpsten to X. Yu re Oncologist 

recap.xlsx (with attachment)

801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

141 5/1/2015 INS-BOS-09209983 Email from A. Burlakoff to X. Yu, et al. re Re: 801/802: Hearsay if used for truth of matter asserted

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

142 7/3/2014 INS-BOS-00286040 Email from A. Burlakoff to Sales RDs, et al. re 

FW: Tirf rems

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case801/802: Hearsay if used for truth of matter asserted

143 9/3/2014 INSYS_AZ_00151514 Email from B. Pipko to R. Florek re RE: Buy and 

Bill Background

801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

144 10/14/2014 INS-BOS-09263624 Email from M. Babich to P. Fourteau re FW: 

Staffing Follow-Up

Page 10

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145 9/9/2014 INS-BOS-01036877 Email from A. Burlakoff to F. Serrano, et al. re 

57239 TRx, ~227 Rx Yesterday, ~227 Rx for Week

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

146 9/9/2014 INS-BOS-08024429 Email from J. Roper to A. Burlakoff, et al. re RE: 

57239 TRx, ~227 Rx Yesterday, ~227 Rx for Week

147 9/9/2014 INS-BOS-08024431 Email from F. Serrano to J. Roper, et al. re Re: 

57239 TRx, ~227 Rx Yesterday, ~227 Rx for Week

148 11/3/2014 INS-BOS-08021936 Email from X. Yu to A. Burlakoff re RE: Onc top 

prescriber list

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

149 9/8/2014 DIDONATO-EJF-0096508 DOJ Subpoena directed to Keeper of Records, 

INSYS Therapeutics, Inc.

401: DOJ subpoena not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; prejudicial to introduce criminal subpoena; evidence would confuse jury

150 12/10/2013 DIDONATO – EJF - 0142595 Email from J. Kapoor to M. Gauwitz, et al. FW: 

CONFIDENTIAL and TIME SENSITIVE (with attachments)

401: DOJ subpoena not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; introducing criminal subpoena would confuse jury601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

151 8/7/2013 INS2170814; and NATIVE Spreadsheet 403: Prejudicial to introduce aspects of the criminal case in 

this narrow civil securities case801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

152 10/7/2013 INS3207759 Email from X. Yu to A. Chavan, et al. re: SUBSYS 

Relay Weekly QuickView - Week Ending 10/04

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

153 5/2/2013 INS3325626 Email from A. Burlakoff to M. Babich re: 1.3 rx / 

per day / per rep / per territory

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case801/802: Hearsay if used for truth of matter asserted601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

Page 11

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154 7/7/2014 INS-BOS-00286096 Email from X. Yu to M. Babich, et al. re: SUBSYS 

Relay Weekly QuickView - Week Ending 07/04 (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

155 10/27/2014 INS-BOS-00287859 Email from X. Yu to M. Babich, et al. re SUBSYS 

Relay Weekly QuickView - Week Ending 10/24 (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

156 12/8/2014 INS-BOS-00294660 Email from X. Yu to M. Babich, et al. re: SUBSYS 

Relay Weekly Quickview - Week Ending 12/05

401: Not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

157 9/2/2014 INS-BOS-01036827 Email from Y. Jamison to A. Burlakoff, et al. re 

FW: Action necessary on your part (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

158 5/28/2014 INS-BOS-01738999 Email from K. McCoy to A. Burlakoff re: Top 20 

HCP's Potential - 3-month & 13 week by District

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

159 12/30/2014 INS-BOS-04029228 Email from A. Burlakoff to Sales All, et al. re Fw: 

TRx 73377, ~ 246 Rx Yesterday, ~ 246 Rx for Week (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

160 7/23/2014 INS-BOS-04031209 Email from N. Oquendo to C. Homrich, et al. re 

Follow-up from Yesterday IRC Meeting

401: Not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

Page 12

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161 11/10/2014 INS-BOS-04051872 Email from A. Burlakoff to Sales RDs, et al. re 

SUBSYS Relay Weekly QuickView - Week Ending 11/07

401: Not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

162 11/26/2013 INS-BOS-06710402; and 

NATIVE

Spreadsheet 403: Prejudicial to introduce aspects of the criminal case in 

this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

163 8/30/2013 INS-BOS-06711300; and 

NATIVE

Spreadsheet 403: Prejudicial to introduce aspects of the criminal case in 

this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

164 6/1/2015 INS-BOS-08034099 Email from D. Baker to J. Kapoor, et al. re RE: 

Important/Confidential (with attachments)

401: C&R pharmacy not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case

165 6/2/2014 INS-BOS-09135695 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

166 11/20/2014 INS-BOS-09174099 Email from X. Yu to A. Burlakoff, et al. re Sales 

Force Org Chart Q1 2015.xlsx (with attachment)

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

167 11/24/2014 INS-BOS-09180087 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

Page 13

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168 12/8/2014 INS-BOS-09182612 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

169 12/10/2014 INS-BOS-09183330 Email from K. Sharpsten to B. Pipko, et al. re 

ROO Market weekly dashboard- Oncologists IMS through 11/28, REMS through 12/5 (with attachments)

170 10/27/2014 INS-BOS-09186884 Email from D. Bucher to Relay Reporting, et al. 

re Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

171 11/17/2014 INS-BOS-09191204 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

172 10/15/2014 INS-BOS-09199850 Email from X. Yu to A. Burlakoff, et al. re RE: 

Update on various oncology projects

173 10/22/2014 INS-BOS-09201660 Email from K. Sharpsten to B. Pipko, et al. re 

ROO market weekly dashboard- Oncologists (with attachments)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

174 3/30/2015 INS-BOS-09223816 Email from A. Turman to A. Burlakoff re FW: 

GBC - 2015 (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

Page 14

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175 9/22/2014 INS-BOS-09327293 Email from P. Forteau to M. Babich re Fwd: 

Daily PSKW Redemption Count [UNSCANNED] (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

176 3/5/2015 INS-BOS-09399804 Email from R. Pitts to J. Rowan et al. re 

IMPORTANT - Joseph Rowan Region Daily REMS Report / Authorized Rx Count - 3.4.15 (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

177 3/5/2015 INS-BOS-09399806 Email from R. Pitts to S. Lee re IMPORTANT - 

Sunrise Lee Region Daily REMS Report / Authorized Rx Count - 3.4.15 (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; dupliciative; waste of time 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

178 1/1/2015 INS-BOS-09772957 Email from A. Burlakoff to Sales ALL re TRx 

73767 , ~ 159 Rx Yesterday, ~ 638 Rx for Week (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

179 12/15/2014 INS-BOS-11839854 Email from R. Pitts to Relay Reporting re Daily 

PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

180 9/16/2014 INSYS-MDL-009197262 Checks signed by Baker for Speaker Program 401: Not relevant to the discrete misrepresentations at 

issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted on forms

Page 15

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181 3/5/2015 INSYS_AZ_00218749 Email from R. Pitts to B. Pipko, et al. re 

IMPORTANT - Brian Pipko Region Daily REMS Report / Authorized Rx Count - 3.4.15 (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

182 10/27/2014 INSYS_AZ_00527359 Email from A. Burlakoff to Sales All re Daily Rep 

Report 10-25-2014 [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

183 7/1/2014 INSYS_AZ_00547959 Email from L. Gurrieri to Relay Reporting, et al. 

re IRC Numbers Tracking Sheet 07-01-14 - 20 auths for the day - 42 so far this week (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

184 7/2/2014 INSYS_AZ_00548096 Email from X. Yu to Relay Reporting, et al. re RE: 

ROO Market Weekly Sales Dashboard - Week Ending 06/20 (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

185 1/10/2014 INSYS_AZ_00574309 Email from N. Casura to Relay Reporting re 

CORRECTION FOR IRC #'S: Daily PSKW Redemption Count (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

186 1/2/2014 INSYS_AZ_00574896 Email from X. Yu to Sales All, et al. re SUBSYS 

New Writer Initiation & Reversals for 1/1/14 (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

Page 16

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187 1/8/2014 INSYS_AZ_00576306 Email from X. Yu to Relay Reporting, et al. re: 

ROO Market Weekly Sales Dashboard - Week Ending 12/27 (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

188 2/16/2015 INSYS-MDL-008587917 Email from K. Sharpsten to X. Yu re FW: Slide 

with specialty information (with attachment)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

189 10/29/2014 INSYS_AZ_00234499 Email from X. Yu to A. Burlakoff, et al. re FW: JK 

Report w/Specialty Group

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

190 7/20/2014 INSYS-MDL-007525831 Email from A. Burlakoff to Sales All, et al. re Fw: 

50934 TRx, ~16 Rx Yesterday, ~ 840 Rx for Week (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

191 1/6/2014 INSYS-MDL-007791355 Email from X. Yu to Relay Reporting, et al. re 

SUBSYS Relay Weekly QuickView - Week Ending 01/03

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

192 9/5/2014 INSYS-MDL-008563543 Email from X. Yu to D. Bucher re Book1.xlsx 401: Not relevant to the discrete misrepresentations at 

issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

193 12/11/2014 INSYS-MDL-008175882 Email from R. Pitts to X. Yu, et al. re Add to 

account file (with attachment)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

194 12/15/2014 INSYS-MDL-008176823 Email from R. Pitts to X. Yu, et al. re Add to 

account file. (with attachment)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

195 1/2/2015 INSYS-MDL-008179146 Email from X. Yu to K. McCoy re FW: New 

writers over holiday (with attachment)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

Page 17

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196 5/26/2016 INSYS-MDL-008293284 Email from K. McCoy to X. Yu re RE: Kansas 

(with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

197 10/22/2014 INSYS-MDL-008347084 Email from K. Sharpsten to B. Pipko, et al. re 

Oncology sales deck for strategy meeting (with attachment)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

198 3/20/2014 INSYS-MDL-008446013 Email from X. Yu to R. Florek, et al. re Subsys 

sales by specialty (with attachment)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

199 7/31/2014 INSYS-MDL-008457518 Email from K. Sharpsten to X. Yu, et al. re First 

Onc roo report (with attachments)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

200 11/24/2014 INSYS-MDL-008464833 Email from R. Pitts to X. Yu, et al. re Add to 

account file. (with attachment)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

201 12/1/2014 INSYS-MDL-008474693 Email from R. Pitts to X. Yu, et. al. re Add to 

account file (with attachment)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

202 12/3/2014 INSYS-MDL-008475510 Email from R. Pitts to X. Yu, et al. re Add to 

account file (with attachment)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

203 12/4/2014 INSYS-MDL-008475929 Email from R. Pitts to X. Yu, et al. re Add to 

account file (with attachment)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

204 5/1/2015 INSYS-MDL-008481767 Email from K. Sharpsten to X. Yu re VERY 

ROUGH draft

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

205 5/1/2015 INSYS-MDL-008481812 Email from K. Sharpsten to X. Yu re RE: 401: Not relevant to the discrete misrepresentations at 

issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

Page 18

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206 4/9/2014 INSYS-MDL-008554456 Email from X. Yu to J. Grosshans re RE: 

Expansion

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

207 11/13/2014 INSYS-MDL-008571523 Email from R. Pitts to X. Yu, et al. re Add to 

account file.

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

208 11/20/2014 INSYS-MDL-008574042 Email from R. Pitts to X. Yu, et al. re Add to 

account file

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

209 11/21/2014 INSYS-MDL-008574372 Email from R. Pitts to X. Yu, et al. re Add to 

account file

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

210 9/25/2014 INSYS-MDL-008574624 Email from R. Pitts to X. Yu, et al. re Add to 

account file.

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

211 4/16/2014 INSYS-MDL-009197314 ISP Program Check to J. Rosenberg and 

corresponding check request and ledger entry

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted on forms

212 2/18/2015 INSYS-MDL-009548299 Email from D. Englehart to R. Kerr, et al. re Fwd: 

Top 20 HCP's Potential- 3-month & 13 week by District

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

213 11/25/2014 INSYS-MDL-010711696 Email from J. Roper to K. Flynn, et al. re Fwd: 

REMINDER: IRC CONTACT LIST ACTION REQUIRED

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

214 12/12/2014 INS-BOS-01036121 Email from K. Sharpsten to A. Burlakoff, et al. re 

Copy of Book3.xlsx

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

Page 19

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215 2/13/2019 "Sales Team Rap Video Adds to John Kapoor's 

Woes at Opiod Trial," Bloomberg, February 13, 2019

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; prejudicial to introduce negative media coverage404: Inappropriate character evidence through negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsayMIL: Subject to defendants' motions in limine

216 1/25/2016 INSYS-COFFMAN006090 "Insys finding ‘new ways to mislead insurance 

companies,’ SIRF says,” The Fly on the Wall, January 25, 2016.

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

217 12/3/2015 INSYS-COFFMAN006086 “$INSY Murder Incorporated: Insys 

Therapeutics,” Bloomberg, December 3, 2015, 12:21 PM ET

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

218 1/25/2016 INSYS-COFFMAN006088 “*Insys Therapeutics Mentioned Cautiously 

Again by SIRF,” Bloomberg, January 25, 2016, 9:58 AM ET

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

219 12/8/2014 INSYS-COFFMAN003247

INSYS-COFFMAN005827

“An Emerging Leader in Supportive Care and Pain Management; Initiating at Buy,” Jefferies, December 8, 2014

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report not best evidence

220 8/6/2015 INSYS-COFFMAN002170

INSYS-COFFMAN005913

“Continued Execution on Revenue Growth and Pipeline Progress; Raising Estimates and Price Target,” JMPSecurities, August 6, 2015

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report not best evidence

Page 20

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221 1/9/2019 INSYS-COFFMAN006095 “Former Insys CEO pleads guilty to opioid 

kickback scheme,” Reuters, January 9, 2019, 4:36 PM ET

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage of criminal trial601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

222 8/6/2015 INSYS-COFFMAN001774 “FQ2 2015 Earnings Call Transcripts,” S&P 

Capital IQ, August 6, 2015

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

223 10/29/2015 INSYS-COFFMAN002274

INSYS-COFFMAN005960

“INSY - FDA fast tracking of naloxone spray evidently discloses new pipeline product,” RBC Capital Markets, October 29, 2015

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report not best evidence

224 5/7/2015 INSYS-COFFMAN002055

INSYS-COFFMAN005912

“INSY 1Q revenue in-line; 10AM ET call to focus on the growing and under-appreciated pipeline -

remain buyers,” RBC Capital Markets, May 7, 2015

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report is not best evidence

225 11/5/2015 INSYS-COFFMAN002281

INSYS-COFFMAN005967

“INSY reports big Subsys beat and share buyback; management change to be discussed on 10AM ET call,” RBC Capital Markets, November 5, 2015

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report not best evidence

226 12/3/2015 INSYS-COFFMAN002585

INSYS-COFFMAN005968

“INSY Showcases Deep, Late-Stage Pipeline During Its First Ever Investor Day,” Jefferies, December 3, 2015

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report not best evidence

227 11/11/2014 INSYS-COFFMAN003200

INSYS-COFFMAN005822

“INSY: Solid Q3 Led By Subsys Revenue Beat,” Wells Fargo, November 11, 2014

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report is not best evidence

Page 21

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228 9/5/2014 INSYS-COFFMAN003019

INSYS-COFFMAN005724

“INSY: Subsys Rx Rebound To Near All-Time Highs,” Wells Fargo, September 5, 2014

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report is not best evidence

229 1/25/2016 INSYS-COFFMAN006089 “Insys Sinks 8.9% After Another cautious 

Mention From SIRF,” Bloomberg, January 25, 2016, 10:16 AM ET

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

230 11/4/2015 INSYS-COFFMAN006084 “Insys sinks after CNBC investigates prescribing 

practices,” The Fly on the Wall, November 4, 2015

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

231 12/3/2015 INSYS-COFFMAN006104 “Insys Therapeutics off 17% on bearish article 

by investigative reporter,” Seeking Alpha, December 3, 2015, 3:46 PM ET

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

232 1/25/2016 INSYS-COFFMAN006256 “Insys Therapeutics Releases Statement on Its 

Patient Services Center,” GlobeNewswire, January 25, 2016, 12:55 PM ET

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

233 12/3/2015 Insys Therapeutics, Inc. Analyst/Investor Day 

Transcript, S&P Capital IQ, 8:30 AM ET

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; 

hearsay within hearsay FRCP 26(a), 34, 37: Failed to timely disclose, not included in discovery 

234 12/2/2015 INSYS-COFFMAN006251 “Insys Therapeutics, Inc. Announces Speakers 

for December 3, 2015 Investor Day,” GlobeNewswire, December 2, 2015, 7:30 AM ET

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

235 11/4/2015 INSYS-COFFMAN006083 “Insys’s Prescribing of Painkiller Criticized, 

Shares Slide: CNBC,” Bloomberg, November 4, 2015, 9:46 AM ET

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

Page 22

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236 12/4/2015 INSYS-COFFMAN002590

INSYS-COFFMAN005988

“Investor Day Highlights Pipeline Opportunity,” Oppenheimer, December 4, 2015

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report is not best evidence

237 4/20/2015 INSYS-COFFMAN001995

INSYS-COFFMAN005907

“Key Takeaways from Investor Meetings with Insys Management,” Jefferies, April 20, 2015

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report is not best evidence

238 9/25/2014 INSYS-COFFMAN003045

INSYS-COFFMAN005734

“Management Update Increases Conviction in Subsys Growth and Diversified Pipeline Opportunities,” JMP Securities, September 25, 2014

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report is not best evidence

239 11/3/2015 INSYS-COFFMAN006074 “NIGHTLY BUSINESS REPORT for November 03, 

2015, PBS,” Nightly Business Report, November 3, 2015

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

240 5/7/2015 INSYS-COFFMAN006160 “Q1 2015 INSYS Therapeutics Inc Earnings Call - 

Final,” Dow Jones, May 7, 2015,

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

241 8/12/2014 INSYS-COFFMAN001758 “Q2 2014 Insys Therapeutics Inc Earnings Call – 

Final,” Dow Jones, August 12, 2014

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

242 11/11/2014 INSYS-COFFMAN001765 “Q3 2014 Insys Therapeutics Inc Earnings Call – 

Final,” Dow Jones, November 11, 2014

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

243 3/3/2015 INSYS-COFFMAN001785 “Q4 2014 Insys Therapeutics Inc Earnings Call – 

Final,” Dow Jones, March 3, 2015

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 

244 3/9/2015 INSYS-COFFMAN001970

INSYS-COFFMAN005887

“Raising price target again post management meetings on higher pipeline confidence,” RBC Capital Markets, March 9, 2015

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report is not best evidence

Page 23

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245 12/3/2015 INSYS-COFFMAN006087 “Rule bending ‘institutionalized’ at Insys 

Therapeutics, SIRF says,” Theflyonthewall, December 3, 2015

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

246 12/3/2015 INSYS-COFFMAN002577

INSYS-COFFMAN005973

“Should INSY remain public? “Go-private” rationale likely to get more focus,” RBC Capital Markets, December 3, 2015

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report is not best evidence

247 10/27/2015 INSYS-COFFMAN002245

INSYS-COFFMAN005936

“Specialty Pharma: 3Q2015 Preview,” RBC Capital Markets, October 27, 2015

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report is not best evidence

248 8/6/2015 INSYS-COFFMAN002162

INSYS-COFFMAN005919

“Subsys Strong Once Again; Key Pipeline Milestones On the Horizon,” Piper Jaffray, August 6, 2015

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report is not best evidence

249 10/2/2014 INSYS-COFFMAN003073

INSYS-COFFMAN005742

“Subsys the focus but pipeline is the key to upside – initiate with OP rating,” RBC Capital Markets, October 2, 2014

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report is not best evidence

250 9/15/2015 INSYS-COFFMAN002202

INSYS-COFFMAN005927

“Survey Suggests That A Plateau For Subsys Is Unlikely Anytime Soon,” Piper Jaffray, September 15, 2015

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report is not best evidence

251 12/4/2015 INSYS-COFFMAN002606

INSYS-COFFMAN005981

“Takeaways From Insys Investor Day,” JMP Securities, December 4, 2015

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 1002: Article part of compiled report is not best evidence

Page 24

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252 12/3/2015 INSYS-COFFMAN006123 “The group that helped break open the Valeant 

story just called another pharma company ‘Murder Incorporated’,” Business Insider, December 3, 2015

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

253 5/3/2019 INSYS-COFFMAN006092 “The Latest: Drug company founder 

disappointed in conviction,” Associated Press, May 2, 2019, 3:31 PM ET

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

254 11/4/2015 INSYS-COFFMAN006126 “The pain killer: A drug company putting profits 

above patients,” CNBC, November 4, 2015 10:13 AM ET

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 1002: Not best evidence

255 4/9/2015 INSYS-COFFMAN001982

INSYS-COFFMAN005899

“Tidbits from the Road with Management; Reiterating Overweight,” Piper Jaffray, April 9, 2015

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 1002: Article part of compiled report is not best evidence

256 10/28/2014 INSYS-COFFMAN003155

INSYS-COFFMAN005773

“Two Emerging Platforms Powering Compelling LT Growth; Initiating At Overweight,” Piper Jaffray, October 28, 2014.

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 1002: Article part of compiled report is not best evidence

257 2/1/2016 INSYS-COFFMAN002826

INSYS-COFFMAN005995

“We see value dislocation post Subsys deep dive and physician survey – reiterate OP,” RBC Capital Markets, February 1, 2016

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 1002: Article part of compiled report is not best evidence

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258 12/3/2015 INSYS-COFFMAN006085 “Within the hour @SIRF_Report releasing first 

of a two-part, multi-month investigation,” Bloomberg, December 3, 2015, 10:01 AM ET

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

259 11/4/2015 INSYS-COFFMAN006091 A drug company making millions off your pain,” 

CNBC, November 4, 2015, 8:00 AM ET

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage; incomplete; prejudicial to include only headline for video601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

260 1997 INSYS-COFFMAN005279 A. Craig MacKinlay, Event Studies in Economics 

and Finance, 35 J. ECON. LITERATURE, 13 (1997)

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

261 2000 INSYS-COFFMAN005512 Alexandros Benos and Michael Rockinger, 

“Market Response to Earnings Announcements and Interim Reports: An Analysis of SBF120 Companies,” Annals of Economics and Statistics, 2000

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document701: Improper opinion testimony801/802/805: Hearsay if used for truth of matter asserted; 

hearsay within hearsay 1002: Not best evidence

262 8/1/2017 Order on Motion to Dismiss (Doc. 107) 401: Not relevant to the discrete misrepresentations at 

issue in this case403: Prejudicial to introduce court order ruling against defendants on matters of law; evidence would confuse jury

263 1988 INSYS-COFFMAN005456 Barclay, M. and R. Litzenberger (1988), 

“Announcement Effects of New Equity Issues and the Use of Intraday Price Data,” Journal of Financial Economics, 21 (I)

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

264 2006 INSYS-COFFMAN005446 Excerpts from Damodaran, Aswath, Investment 

Valuation, Tools and Techniques for Determining the Value of Any Asset, John Wiley & Sons (2006)

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

Page 26

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265 2001 INSYS-COFFMAN005592 DeFusco, Richard A., Dennis W. McLeavey, 

Jerald E. Pinto & David E. Runkle, Quantitative Methods for Investment Analysis, 292 (2001)

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

266 11/3/2015 INSYS-COFFMAN006111 Dina Gusovsky (DinaGuvosky), “Part One of my 

series, Pushing Pain: Profits before Patients will air on @bizrpt tonight on @PBS tune in! 6:30-7pmET,” Twitter, November 3, 2015, 3:42 PM ET

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

267 1/4/2012 INSYS-COFFMAN006112 CDC -- Drug Diversions - Puts patients at risk for 

healthcare-associated infections

401: Drug diversion issue is not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce document regarding dangers "drug diversion"; inflamatory; would confuse jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

268 3/3/2015 INSYS-COFFMAN000596 Insys SEC Form 10-K for the fiscal year ended 

December 31, 2014

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

269 2002 INSYS-COFFMAN005569 Jeffrey A. Busse and T. Clifton Green, “Market 

Efficiency in Real Time,” Journal of Financial Economics 65, no. 3 (2002)

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

270 1998 INSYS-COFFMAN005101 John J. Binder, The Event Study Methodology 

Since 1969, 11 REV. QUANTITATIVE FIN. & ACCT., 111

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

271 2001 INSYS-COFFMAN005594 Kothari, S. P. and J. B. Warner, “Econometrics of 

Event Studies,” in B. E. Eckbo (ed.), The Handbook of Empirical Corporate Finance (Amsterdam: Elsevier/North-Holland, 2007), Chapter 1: Econometrics of Event Studies,

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

272 1984 INSYS-COFFMAN005656 Patell, J. and M. Wolfson (1984), “The Intraday 

Speed of Adjustment of Stock Prices to Earnings and Dividend Announcements,” Journal of Financial Economics, 13(2)

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document701: Improper opinion testimony801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 1002: Not best evidence

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273 2011 INSYS-COFFMAN005565 Excerpt from Richard A. Brealey & Stewart C. 

Myers, Principles of Corporate Finance, (McGrawHill 10th ed. 2011)

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document701: Improper opinion testimony801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 1002: Not best evidence

274 12/3/2015 INSYS-COFFMAN006086 SIRF (@SIRF_Report), “$INSY Murder 

Incorporated: Insys Therapeutics,” Twitter, December 3, 2015, 12:16 PM ET

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

275 12/3/2015 INSYS-COFFMAN006085 SIRF (@SIRF_Report), “Within the hour 

@SIRF_Report releasing first of a two-part, multi-month investigation,” Twitter, December 3, 2015, 9:54 AM ET

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

276 11/11/2014 INSYS-COFFMAN003206

INSYS-COFFMAN005812

Subsys momentum continues and pipeline focus about to pick-up; raising PT,” RBC Capital Markets, November 11, 2014

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document701: Improper opinion testimony801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 1002: Article part of compiled report is not best evidence

277 1999 INSYS-COFFMAN005367 Tabak, David and Frederick Dunbar, Materiality 

and Magnitude: Event Studies in the Courtroom, Nat’l Econ. Research Assocs., Working Paper No. 34, 1999

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

278 11/4/2015 INSYS-COFFMAN006101 The Fly (@TheFlyNews), “Insys down 2% after 

CNBC investigates prescribing practices $INSY: Full Story bit.ly/1HqZEG9,” Twitter, November 4, 2015, 9:34 AM ET.

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

279 12/4/2015 INSYS-COFFMAN006102 What’s Going On With Insys Therapeutics?,” 

Benzinga, December 4, 2015, 8:22 AM ET

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

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280 1968 INSYS-COFFMAN005074 William H. Beaver “The Information Content of 

Annual Earnings Announcements,” Empirical Research in Accounting: Selected Studies, 1968, supplement to the Journal of Accounting Research, Vol. 6, (1968),

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document701: Impermissible opinion testimony801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 1002: Not best evidence

281 6/18/2019 Defendant John N. Kapoor’s Supplemental 

Responses and Objections to Lead Plaintiff’s First Set of Interrogatories

611: Improper mode and order of presentation

282 6/5/2019 US DOJ June 5, 2019, Press Release - Opioid 

Manufacturer Insys Therapeutics Agrees to Enter $225 Million Global Resolution of Criminal and Civil Investigations

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 1002: Not best evidenceMIL: Subject to defendants' motions in limine

283 5/2/2019 US DOJ May 2, 2019, Press Release - Founder 

and Four Executives of Insys Therapeutics Convicted of Racketeering Conspiracy

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage404: Improper to introduce evidence of other acts of defendant601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 

284 10/26/2017 US DOJ October 26, 2017, Press Release - 

Founder and Owner of Pharmaceutical Company Insys Arrested and Charged with Racketeering

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage404: Improper to introduce evidence of other acts of defendant601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 

285 4/13/2018 US v. Insys, Case No. 2:13-cv-5861-JLS-AJW, ECF 

No. 64 (C.D. Cal.) - Intervenor Complaint

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage404: Improper to introduce evidence of other acts of defendant601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 

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286 NCI - Definition of a medical oncologist 401: Not relevant to the discrete misrepresentations at 

issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

287 US FDA - Transmucosal Immediate-Release 

Fentanyl (TIRF) Medicines

288 3/26/2012 "INSYS Therapeutics Announces the Availability 

of SUBSYS(TM) (fentanyl sublingual spray) for Breakthrough Cancer Pain," Marketwire, March 26, 2012

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

289 6/19/2017 "Ex-Insys employee pleads guilty in U.S. opioid 

drug probe," Reuters, June 19, 2017

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce negative media coverage601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 

290 8/4/2014 INSYS-COFFMAN002982 “PBM Market Power Leads to Subsys Woes,” 

Oppenheimer, August 4, 2014

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 1002: Article part of compiled report is not best evidence

291 8/5/2015 "AG Rosenblum Settles with Pharmaceutical 

Company Insys over Unlawful Promotion of the Powerful Opioid Subsys,” Oregon Department of Justice, August 5, 2015

401: Not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce negative media coverage 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 

292 10/27/2014 Amended Class Action Complaint for Violations 

of the Federal Securities Laws filed October 27, 2014, in Derick Larson v. Insys Therapeutics Incorporated, et al., Case No. cv-14-01043-GMS, ECF No. 41 (D. Arizona).

401: Not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce negative media coverage 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document701: Improper opinion testimony801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 

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293 Bodie, Z., A. Kane, and A. Marcus, Investments, 

10th edition. New York: McGraw-Hill/Irwin, 2014, p. 142

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document701: Improper opinion testimony801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 1002: Not best evidence

294 2012 INSYS_AZ_00000433 Cohen, L. and D. Lou (20 12), “Complicated 

Firms,” Journal of Financial Economics, 104(2)

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

295 1995 INSYS-COFFMAN005201 Damodar N. Gujarati, Basic Econometrics, 131 – 

32 (3rd ed. 1995)

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

296 Grinblatt, Mark, and S. Titman, Financial 

Markets and Corporate Strategy, 2nd edition. McGraw-Hill, 2002, p. 444

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document701: Improper opinion testimony801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 1002: Not best evidence

297 2009 INSYS_AZ_00000657 Hirshleifer, D., S. Lim, and S. Teoh (2009), 

“Driven to Distraction: Extraneous Events and Under-Reaction to Earnings News,” The Journal of Finance, 64(5)

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

298 9/10/2015 UnitedHealthcare Advantage 3 Tier Plans 401: Not relevant to the discrete misrepresentations at 

issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been establishedFRCP 26(a), 34, 37: Failed to timely disclose, not included in discovery 

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299 9/5/2015 UnitedHealthcare Prescription Drug List 401: Not relevant to the discrete misrepresentations at 

issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been establishedFRCP 26(a), 34, 37: Failed to timely disclose, not included in discovery 

300 9/10/2015 UnitedHealthcare Advantage 4 Tier Plans 401: Not relevant to the discrete misrepresentations at 

issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been establishedFRCP 26(a), 34, 37: Failed to timely disclose, not included in discovery 

301 9/10/2015 UnitedHealthcare Traditional 4 Tier Plans 401: Not relevant to the discrete misrepresentations at 

issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been establishedFRCP 26(a), 34, 37: Failed to timely disclose, not included in discovery 

302 9/11/2015 Unitedhealthcare Traditional 3 Tier Plans 401: Not relevant to the discrete misrepresentations at 

issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been establishedFRCP 26(a), 34, 37: Failed to timely disclose, not included in discovery 

303 6/4/2019 June 4, 2019 Hearing Transcript (ECF No. 236) 401: Not relevant to the discrete misrepresentations at 

issue in this case403: Prejudicial to introduce transcript of proceeding regarding legal issues; evidence would confuse jury601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 

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304 2005 Karceski, J., Ongena, S., & Smith, D. (2005), “The 

Impact of Bank Consolidation on Commercial Borrower Welfare,” The Journal of Finance, 60(4)

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 901: Authenticity has not been established

305 1994 Mitchell, M., & Netter, J. (1994), “The Role of 

Financial Economics in Securities Fraud Cases: Applications at the Securities and Exchange Commission,” The Business Lawyer, 49(2)

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document701: Improper opinion testimony801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 901: Authenticity has not been established1002: Not best evidence

306 2000 Ongena, Steven & Smith, David C (2000), “What 

Determines the Number of Bank Relationships? Cross-Country Evidence," Journal of Financial Intermediation, 9 (1),

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

307 2001 Ongena, Steven & Smith, David C (2001), “The 

Duration of Bank Relationships,” Journal of Financial Economics. 61 (3)

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

308 2000 Sahai, Hardeo and Mohammed I. Ageel, The 

Analysis of Variance, 2000

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document701: Improper opinion testimony801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 1002: Not best evidence

309 1/25/2016 INSYS-COFFMAN006100 SIRF (@SIRF_Report), “$INSY ‘The Brotherhood 

of Thieves’ tinyurl.com/horl64z All you need to know is sr. execs taped each other admitting insurance fraud,” Twitter, January 25, 2016, 10:00 AM ET

401: Not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; prejudicial to introduce negative media coverage 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay

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310 12/3/2015 INSYS-COFFMAN006119 SIRF (SIRF_Report), “Embedded some 

important audio for tomorrow's @SIRF_Report story,” Twitter, January 24, 2016, 7:52 PM ET

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

311 1/22/2016 INSYS-COFFMAN006098 SIRF (SIRF_Report), “Hard-hitting @SIRF_Report 

update coming out on Monday a.m.,” Twitter, January 22, 2016, 3:42 PM E

401: Not relevant to the discrete misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

312 unknown UCSD Profile: Joseph Caperna 401: Not relevant to the discrete misrepresentations at 

issue in this case801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

313 10/12/2016 Criminal Complaint (United States

of America v. Gurrieri, No. 17-cv-10083-ADB (D. Mass.))

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 404: Impermissible to introduce evidence of other bad acts as evidence of misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

314 3/15/2018 Indictment (United States of America v.

Freedman, et al., No. 18-cr-217 (S.D.N.Y.))

401: Unrelated criminal indictment not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of third party criminal case in this narrow civil securities case and the evidence would confuse the jury 404: Impermissible to introduce evidence of other bad acts as evidence of misrepresentations at issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

315 4/11/2019 Lead Plaintiff's Second Set of Requests for 

Admission Addressed to Michael L. Babich

401: Contains requests that are not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce requests for admission as evidence without response601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 

316 5/3/2019 Lead Plaintiff's Second Set of Requests for 

Admission Addressed to John N. Kapoor

401: Contains requests that are not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce requests for admission as evidence without response601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 

Page 34

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 54 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

317 5/6/2019 Defendant Insys Therapeutics, Inc.'s Responses 

to Lead Plaintiff's First Set of Interrogatories

401: Contains responses to requests that are not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

318 6/4/2019 Defendant Darryl S. Baker's Amended 

Responses to Interrogatories 7 and 8 of Lead Plaintiff's First Set of Interrogatories

319 6/14/2019 Defendant Michael L. Babich's Amended and 

Supplemental Responses to Lead Plaintiff's Interrogatory Nos. 7 and 8 to Lead Plaintiff's First Set of Interrogatories

320 6/10/2019 Defendant Darryl S. Baker's Responses and 

Objections to Lead Plaintiff's Second Set of Requests for Admission

401: Contains responses to requests that are not relevant to the discrete misrepresentations at issue in this case 611: Improper mode and order of presentation801/802: Hearsay if used for truth of matter asserted 

321 5/10/2019 Defendant Darryl S. Baker's Responses to Lead 

Plaintiff's First Set of Interrogatories

401: Contains responses to requests that are not relevant to the discrete misrepresentations at issue in this case 611: Improper mode and order of presentation801/802: Hearsay if used for truth of matter asserted 

322 6/28/2019 Defendant John N. Kapoor's Supplemental 

Responses and Objections to Lead Plaintiff's Second Set of Interrogatories

611: Improper mode and order of presentation

323 6/18/2019 Defendant John N. Kapoor's Supplemental 

Responses and Objections to Lead Plaintiff's First Set of Interrogatories (without verification)

106: Document is not complete611: Improper mode and order of presentation

324 1 Trial Ex. 0000001 Subsys Spray Bottle325 2 8/1/2012 Trial Ex. 0000002

INS-BOS-02183796

Email from H. Brown to M. Babich re FW: chi 401: Not relevant to the discrete misrepresentations at 

issue in this case and call notes are not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

326 4 10/8/2012 Trial Ex. 0000006

INS5288808

Email from C. Hanoch to M. Babich, et al. re Fwd: Weekly Update

401: Not relevant to the discrete misrepresentations at issue in this case and call notes are not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

Page 35

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 55 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

327 6 12/31/2013 Trial Ex. 0000012

INS-BOS-01031938

Email from O. Gauthier to A. Burlakoff re Fwd: Arkansas

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

328 7 1/27/2014 Trial Ex. 0000014

INS1383768

Email from O. Gauthier to J. Rowan re Re: HOLD THEIR HANDS AND PRODUCE, NOW

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

329 9 10/3/2012 Trial Ex. 0000074

INS1988515

Email from R. Simon to M. Babich, et al. re Dr. Mahmood Ahmad and Subsys Distribution

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

330 11 3/7/2014 Trial Ex. 0000078

INS4155370

Email from A. Bolet to S. Lee re Fwd: OPT IN's LOW

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

331 36 10/3/2012 Trial Ex. 0000107

INS2002744

Email from A. Burlakoff to M. Babich, et al. re Re: Fwd: resume

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

332 39 1/18/2014 Trial Ex. 0000108

INS2327275

Email from M. Napoletano to M. Babich, et al. re Learnings Today

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay

Page 36

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 56 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

333 41 11/14/2012 Trial Ex. 0000109

INS2337996

Email from B. Szymanski to S. Lee, et al. re Re: Dr Wilson

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

334 50 9/28/2012 Trial Ex. 0000113 Weekly SUBSYS Rx by Top Writers 401: Not relevant to the discrete misrepresentations at 

issue in this case and contains no data from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

335 52 12/23/2013 Trial Ex. 0000120

INS-BOS-04261440

Email from D. Reimer to M. Babich, et al. re RE: SUBSYS

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

336 54 12/20/2013 Trial Ex. 0000125

INS-BOS-04262303

Email from D. Reimer to M. Babich, et al. re RE: C&R and Benzers

337 91 11/2/2012 Trial Ex. 0000127 Weekly SUBSYS Rx by Top Writers 401: Not relevant to the discrete misrepresentations at 

issue in this case and contains no data from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

338 92 12/3/2012 Trial Ex. 0000132

INS4750931

Email from X. Yu to Sales RSMs, et al. re SUBSYS Top Writers Trending by Week 2012-11-30

401: Not relevant to the discrete misrepresentations at issue in this case and contains no data from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

339 99 14-Aug Trial Ex. 0000167 Monthly SUBSYS Rx by Top Writers 401: Not relevant to the discrete misrepresentations at 

issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

Page 37

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 57 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

340 127 12/20/2012 Trial Ex. 0000205

INS1687613

Email from A. Burlakoff to Sales TeamSoutheast, et al. re Q4 Net Sales Update as of 12.20.2012

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

341 128 Trial Ex. 0000207 SSP chart 401: Not relevant to the discrete misrepresentations at 

issue in this case and not clear whether data is from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

342 132 1/3/2014 Trial Ex. 0000208

EJF-000198337

Email from D. Reimer to J. Kapoor re Bruce Kutinsky

401: Email about direct sales not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

343 133 1/29/2014 Trial Ex. 0000209

INS1664434

Email from D. Reimer to M. Babich, et al. re Dr Raun meeting

401: Email about direct sales not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay

344 135 3/24/2014 Trial Ex. 0000210

INS5305644

Email from C. Homrich to J. Kapoor, et al. re Direct Sales Update

401: Email about direct sales not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

345 140 12/13/2013 Trial Ex. 0000212

INS4657319

Email from A. Burlakoff to M. Babich, et al. re Fw: Abstral heads up

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

Page 38

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 58 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

346 150 3/3/2014 Trial Ex. 0000214

INS-BOS-08822428

Email from S. Ruggiero to D. Reimer, et al. re RE: Insys/C&R contract with proposed changes

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

347 165 6/13/2012 Trial Ex. 0000240

INS-BOS-08730609

Email from M. Babich to N. Oquendo, et al. re FW: Alec Burlakoff- Resume Attached

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

348 170 8/21/2012 DIDONATO - EJF - 0230437 Email from M. Babich to N. Oquendo, et al. re 

RE: Imporant/Confidential

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

349 171 8/23/2012 Trial Ex. 0000255

INS2000419

Email from M. Babich to A. Burlakoff re RE: Plan of attack

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

350 172 8/23/2012 Trial Ex. 0000256

INS4782898

Business Development Plan 401: Not relevant to the discrete misrepresentations at 

issue in this case and draft business plan is not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

351 174 9/12/2012 Trial Ex. 0000273

INS-BOS-06705985

Email from J. Kapoor to M. Babich, et al. re Important Re: Speaker Program

401: Speaker program issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

Page 39

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 59 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

352 175 9/17/2012 Trial Ex. 0000274

INS1613026

Email from A. Burlakoff to Sales All, et al. re Insys Speaker Program

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

353 176 9/17/2012 Trial Ex. 0000277

INS1780347

Email from A. Burlakoff to C. Hanoch, et al. re RE: Insys Speaker Programs

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

354 186 10/30/2012 Trial Ex. 0000283

INS2006231

Email from M. Babich to M. Napoletano, et al. re Important

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

355 190 11/9/2014 Trial Ex. 0000286

INS-BOS-08433287

Email from N. Oquendo to A. Burlakoff, et al. re Developing Routing for each Territory

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

356 197 12/6/2012 Trial Ex. 0000288 Assessment 401: Not relevant to the discrete misrepresentations at 

issue in this case and contains no data from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

357 199 12/10/2012 Trial Ex. 0000304

INS2341947

Email from M. Napoletano to M. Babich, et al. re Speaker Bureau Assessment & RSM POA

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in attachment

Page 40

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 60 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

358 206 12/12/2012 Trial Ex. 0000318

INS4820682

Email from M. Napoletano to M. Babich, et al. re 2013 Proposed Marketing Budget_12-11-12.pptx

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

359 207 2013 Trial Ex. 0000319

INS4820683

2013 Proposed Marketing Budget 401: Not relevant to the discrete misrepresentations at 

issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

360 224 4/22/2013 Trial Ex. 0000331

INS-BOS-08793474

Email from A. Burlakoff to M. Babich re GOOD IS NOT GREAT WE MUST PLAN AND EXECUTE TO BECOME GREAT

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

361 229 5/7/2013 Trial Ex. 0000334

INS-BOS-08323538

Email from A. Burlakoff to M. Babich re Fw: Daily Rep Report for RX 5-6-2013.xlsm

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

362 230 5/8/2013 Trial Ex. 0000335

EJF-000108897

Email from Subsys Rep Sue to J. Kapoor re ISP's (as of 4.29.13).xlsx

401: Individual sales rep's complaints not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; prejudicial to introduce irrelevant evidence of personal relationship 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

363 230.2 5/8/2013 NYC_ISP's_(as_of_4.29.13).xlsx364 232 5/17/2013 Trial Ex. 0000337

INS2421794

Email from M. Napoletano to A. Burlakoff re FW: ISP Budget

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

Page 41

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 61 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

365 233 3/17/2013 Trial Ex. 0000338

INS3479888

Email from J. Rowan to A. Burlakoff re Re: Dr Chun

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

366 243 6/21/2013 Trial Ex. 0000346

INS-BOS-00000747

Email from N. Oquendo to X. Yu, et al. re ABL Concept

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

367 249 7/3/2013 Trial Ex. 0000354

EJF-000306155

Email from Subsys Rep Sue to J. Kapoor, et al. re Ew!

401: Individual sales rep's complaints not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

368 251 7/19/2013 Trial Ex. 0000355

EJF-000306304

Email from Subsys Rep Sue to J. Kapoor, et al. re Fwd: Leaderboard as of March 22, 2013

401: Individual sales rep's complaints not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

369 252 7/23/2013 Trial Ex. 0000359

EJF-000306609

Email from J. Kapoor to M. Rodriguez re FW: The Money Tree!

401: Individual sales rep's complaints not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

370 254 8/14/2013 Trial Ex. 0000361

INS4682513

Email from A. Burlakoff to M. Babich, et al. re Fw: 35 programs

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

Page 42

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 62 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

371 259 10/4/2013 Trial Ex. 0000367

INS2375685

Email from A. Burlakoff to M. Babich re FW: Dr Chun

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

372 261 10/30/2013 Trial Ex. 0000370

INS-BOS-08318668

Email from A. Burlakoff to J. Doroz, et al. re Re: FY2014 Sales Budget

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

373 264 12/5/2013 Trial Ex. 0000372

INS1458666

Email from A. Burlakoff to Sales DMs, et al. re FW: Abstral Writer List Week 11/15

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period; attachment contains no data from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

374 271 12/19/2013 Trial Ex. 0000376

INS2327129

Email from M. Babich to A. Burlakoff, et al. re Re: 4 PM Abstral Call

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

375 282 9/10/2014 Trial Ex. 0000377

INS-BOS-09203970

Email from A. Burlakoff to K. McCoy, et al. re Re: Programs vs calls

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

376 290 2/5/2013 Trial Ex. 0000381 Board of Directors Meeting 401: Not relevant to the discrete misrepresentations at 

issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

Page 43

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 63 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

377 293 9/27/2012 Trial Ex. 0000471

INS1781184

Email from A. Burlakoff to Sales RSMs re Insys Speakers Bureau

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period; attachment contains no data from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

378 305 8/23/2012 Trial Ex. 0000496

INS4782898

Business Development Plan 401: Not relevant to the discrete misrepresentations at 

issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case, would confuse jury to believe this was actual business plan utilized during relevant time period, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted Duplicate

379 316 10/23/2012 Trial Ex. 0000516

USAO-MA-0143295

Email from K. Hill to L. Gurrieri, et al. re Fwd: INSYS Welcomes New Prior Authorization Specialist

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

380 320 1/8/2013 Trial Ex. 0000518

EJF-000013546

Email from M. Gurry to J. Kapoor, et al. re Daily PA Program Summary

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period; contains no data from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

381 346 6/19/2013 Trial Ex. 0000536

INS-BOS-08625254

Email from M. Gurry to L. Gurrieri, et al. re FW: 401: Prior authorization issues not relevant to the discrete 

misrepresentations at issue in this case and not from relevant time period; contains no data from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

Page 44

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 64 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

382 348 7/19/2013 Trial Ex. 0000538

INS-BOS-08510122

Fax Cover Sheet from T. Giles 401: Prior authorization issues not relevant to the discrete 

misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in coversheet or attachmentHIPAA: Confidential patient records protected under HIPAA

383 357 Trial Ex. 0000546

INS1665870INS1665873

WELCOME TO THE IRC (Insys Reimbursement Center)

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period; contains no data from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

384 365 12/18/2013 Trial Ex. 0000551

USAO-MA-0143294INS-BOS-00187103

Email from L. Gurrieri to A. Burlakoff re RE: Record Breaking Week

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period; contains no data from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

385 371 4/30/2014 Trial Ex. 0000557

INS-BOS-08533593

Email from L. Gurrieri to M. Gurry re RE: PA specialists

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period; contains no data from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

386 373 5/30/2014 Trial Ex. 0000558

INS-BOS-04414184

Email from L. Gurrieri to C. Homrich re Re: Gate this week

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period; contains no data from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

Page 45

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 65 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

387 393 7/1/2014 Trial Ex. 0000571

EJF-000040796

Email from C. Homrich to N. Oquendo re RE: Factual Insurance Data1- FOR INTERNAL USE ONLY

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity not established

388 399 10/9/2012 Trial Ex. 0000574

EJF-000269896

Email from M. Gurry to M. Napoletano, et al. re PA Assistance Center Update

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity not established

389 400 6/11/2012 Trial Ex. 0000575

EJF-000269897

Memorandum from J. Erickson to M. Napoletano, et al. re PAP Fulfillment Options for SUBSYS

401: Proposal from third party not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity not established

390 401 10/2/2012 Trial Ex. 0000579

EJF-000269901

SUBSYS Prior Authorization Support 401: Proposal from third party not relevant to the discrete 

misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity not established

391 402 9/26/2012 Trial Ex. 0000587

EJF-000269909

The Palomino Group - Proposal of Services for Insys Therapeutics, Inc. - Reimbursement Support Program for SUBSYS

401: Proposal from third party not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity not established

392 404 6/27/2014 Trial Ex. 0000608

EJF-000297136

Email from N. Oquendo to M. Babich, et al. re Re: IRC

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity not established

Page 46

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 66 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

393 413 11/14/2012 Trial Ex. 0000676

INS2327322

Email from S. Ruggiero to J. Rowan, et al. re Fwd: IMPORTANT - SSPs needing to update and provide PA Information

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

394 415 9/14/2012 Trial Ex. 0000678

INS-BOS-00027666

Email from M. Gurry to J. Kapoor, et al. re Fwd: Prior Auth Strategic Plan

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

395 421 6/27/2014 Trial Ex. 0000687

INS-BOS-00290514

Email from C. Homrich to M. Babich, et al. re FW: Factual Insurance Data1- FOR INTERNAL USE ONLY

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

396 424 7/11/2014 Trial Ex. 0000702

INS-BOS-00390553

Email from N. Oquendo to C. Homrich re RE: Factual Insurance Data1 - FOR INTERNAL USE ONLY

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

397 426 11/8/2012 Trial Ex. 0000709

INS-BOS-00082007

Email from N. Oquendo to M. Gurry re RE: Daily PA Summary and Switch Summary

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

398 442 12/15/2012 Trial Ex. 0000721

INS2342159

Email from M. Napoletano to M. Babich, et al. re RE: Honoraria Payment Schedule

401: Speaker program issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

Page 47

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 67 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

399 444 9/13/2012 Trial Ex. 0000723

INS2001318

Email from A. Burlakoff to M. Babich, et al. re URGENT - Please note you have reversed scripts from yesterday

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

400 445 9/17/2012 Trial Ex. 0000726

INS1613029

Email from A. Burlakoff to M. Babich, et al. re 30 Unit Effective Dose Savings Program - Live Wed 9/19

401: Titration issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

401 455 3/28/2013 INS-BOS-08427561

Trial Ex. 0000731

Email from X. Yu to M. Babich, et al. re Average strength per RX increases as patients use more times of Subsys

401: Titration issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period; contains no data from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

402 462 6/22/2015 Trial Ex. 0000734 Email from J. Kapoor to X. Yu re RE: Subsys Top 

Writer Trending - May'15

401: Not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

403 465 2/6/2014 Trial Ex. 0000741

INS1386459

Email from J. Rowan to N. Oquendo re RE: The Battle House

401: Not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

404 468 9/18/2012 Trial Ex. 0000746

INS2001503

Email from A. Burlakoff to X. Yu, et al. re '400mcg or less' - responses

401: Titration issues not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

405 481 12-Jan Trial Ex. 0000753

USAO-MA-0000524

Highlights of Prescribing Information 401: Not relevant to the discrete misrepresentations at 

issue in this case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

Page 48

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 68 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

406 508 4/23/2015 Trial Ex. 0000785

USAO-MA-0190902

Email from A. Holland to A. Fulton, et al. re RE: Key Phrase Discussion

401: Not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment901: Authenticity has not been established

407 533 6/29/2012 Trial Ex. 0000787

USAO-MA-0004674

Weekly SUBSYS Rx by Top Writers 401: Not relevant to the discrete misrepresentations at 

issue in this case; contains no data from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

408 541 5/10/2013 Trial Ex. 0000790

USAO-MA-0004790

Weekly SUBSYS Rx by Top Writers 401: Not relevant to the discrete misrepresentations at 

issue in this case; contains no data from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

409 542 7/19/2013 Trial Ex. 0000795

USAO-MA-0004796

Weekly SUBSYS Rx by Top Writers 401: Not relevant to the discrete misrepresentations at 

issue in this case; contains no data from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

410 551 12/6/2013 Trial Ex. 0000804

USAO-MA-0004999

Weekly SUBSYS Rx by Top Writers 401: Not relevant to the discrete misrepresentations at 

issue in this case; contains no data from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

Page 49

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 69 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

411 560 Trial Ex. 0000810

USAO-MA-0005256

Cooperation Agreement (United States of America v. Awerbuch, No. 16-20636 (E.D. Mich.))

401: Cooperation agreement from unrelated case not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

412 575 2/26/2016 Trial Ex. 0000814

USAO-MA-0021196

Amendment No. 12 to Form S-1 Registration Statement

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

413 665 9/11/2013 Trial Ex. 0001549

INS1523582

Email from A. Burlakoff to B. McKey, et al. re 18109 TRx, 115 yesterday, -224 for the week

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

414 668 9/17/2012 Trial Ex. 0001551

INS2001366

Email from M. Babich to A. Burlakoff re Fw: Physician update

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 

415 674 1/14/2013 Trial Ex. 0001569

INS4740364

Email from X. Yu to Sales RSMs, et al. re SUBSYS Top Writers Trending by Week 2013-01-11

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period; contains no data from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in email or attachment

416 674-02 1/11/2013 Trial Ex. 0001600 Weekly SUBSYS Rx by Top Writers 401: Not relevant to the discrete misrepresentations at 

issue in this case and this report contains no data from the relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; cumulative; waste of time; evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

Page 50

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 70 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

417 688 12/10/2013 Trial Ex. 0001612

EJF-000025829

Email from M. Rice to M. Babich, et al. re CONFIDENTIAL and TIME SENSITIVE

401: Not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; prejudicial to introduce criminal subpoena 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

418 Trial Ex. 0000748 Great By Choice Rap Video 401: Titration issues not relevant to the discrete 

misrepresentations at issue in this case and not clear whether from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case; prejudicial to introduce satirical video601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted in video901: Authenticity has not been established

419 1319-02 2/13/2014 Trial Ex. 0004077

USAO-MA-1414218

United States Department of Justice Federal Bureau of Investigation - UNCLASSIFIED - File Number: 209G-BS-4228068

401: Prior authorization calls not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

420 1402-02 Trial Ex. 0004086

USAO-MA-1414885

United States Department of Justice Federal Bureau of Investigation - UNCLASSIFIED - File Number: 209G-BS-4228068

401: Prior authorization calls not relevant to the discrete misrepresentations at issue in this case and not clear whether from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

421 1416-02 Trial Ex. 0004091

USAO-MA-1414951

United States Department of Justice Federal Bureau of Investigation - UNCLASSIFIED - File Number: 209G-BS-4228068, 0094772

401: Prior authorization calls not relevant to the discrete misrepresentations at issue in this case and not clear whether from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

422 1418-02 Trial Ex. 0004100

USAO-MA-1414968

United States Department of Justice Federal Bureau of Investigation - UNCLASSIFIED - File Number: 209G-BS-4228068

401: Prior authorization calls not relevant to the discrete misrepresentations at issue in this case and not clear whether from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

Page 51

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 71 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

423 1458-02 3/24/2017 Trial Ex. 0004106

USAO-MA-1415202

United States Department of Justice Federal Bureau of Investigation - UNCLASSIFIED - File Number: 209G-BS-4228068

401: Prior authorization calls not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

424 1501 Trial Ex. 0004133

IN S2385647

Strength Makes the Difference 401: Not relevant to the discrete misrepresentations at 

issue in this case and contains no data from the relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been establishedMIL: Subject to defendants' motions in limine

425 1742 3/27/2017 Trial Ex. 0004215

USAO-MA-0143520

Letter from W. Weinreb to M. Tearney re United States v. Elizabeth Gurrieri

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter assertedMIL: Subject to defendants' motions in limine

426 1743 3/27/2017 Trial Ex. 0004224

USAO-MA-0143515

Letter from W. Weinreb to M. Tearney re United States v. Elizabeth Gurrieri UNDER SEAL Cooperation Agreement

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter assertedMIL: Subject to defendants' motions in limine

427 1774 10/3/2012 Trial Ex. 0004264 Email from B. Szymanski to gavinia@aol.com re 

Dinner

401: Not relevant to the discrete misrepresentations at issue in this case and contains no statements from the relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established.

Page 52

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 72 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

428 1783 Trial Ex. 0004265 Collection of checks written to G. Awerbuch 401: Not relevant to the discrete misrepresentations at 

issue in this case and contains images outside of the relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established.

429 1830 9/19/2012 Trial Ex. 0004395

INS2001552

Email from X. Yu to M. Babich, et al. re Initial proposal for Q4 IC

401: Not relevant to the discrete misrepresentations at issue in this case and contains no statements from or relating to relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established.

430 1831 2012 Trial Ex. 0004396 SUBSYS Incentive Compensation Plan Q4 2012 401: Not relevant to the discrete misrepresentations at 

issue in this case and compensation plan described in attachment is not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established.

431 1832 4/11/2013 Trial Ex. 0004400

INS-BOS-06991688

Email from S. Beisler to J. Pearlman re Draft 2 PPP for AZ - Non Urgent :)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established.

432 1833 7/15/2013 Trial Ex. 0004404

EJF-000284223

Email from Subsys Rep Sue to J. Kapoor, et al. re Fwd: ALL TERR Level Net vs Gross Sales :: Week Ending 07/12

401: Complaint from sales rep not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay 901: Authenticity has not been established.

Page 53

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 73 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

433 241 1843 1/9/2019 Trial Ex. 0004485

USAO-MA-1417107

Letter from A. Lelling to J. Sollers, et al. re United States v. Michael L. Babich, Criminal No. 16-cr-10343-ADB Cooperation Agreement

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted

434 1850 6/20/2014 Trial Ex. 0004504 Weekly SUBSYS Rx by Top Writers 401: Not relevant to the discrete misrepresentations at 

issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury; cumulative; waste of time 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established.

435 1854 various Trial Ex. 0004511

CPHTC-DMASS-GI000001

Patient records for Sara K. Dawes from Comprehensive Pain & Headache Treatment Centers, LLC

401: Individual patient records not relevant to the discrete misrepresentations at issue in this case and records are outside of relevant timeframe 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay 901: Authenticity has not been establishedHIPAA: patient records protected under HIPAAMIL: Subject to defendants' motions in limine

436 1906 Trial Ex. 0005562 chart 401: Not relevant to the discrete misrepresentations at 

issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay 1002: Chart of text messages not best evidence, copy of original exchange should be usedMIL: Subject to defendants' motions in limine

437 1918 11/27/2013 Trial Ex. 0005705

INS1375476

Email from J. Rown to A. Burlakoff re Fwd: SUBSYS Top Writers Trending by Week 2013-11-22

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant timeframe 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay 901: Authenticity has not been established

Page 54

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 74 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

438 1965 11/9/2012 Trial Ex. 0006495

INS-BOS-04368660

Email from L. Gurrieri to E. Gutzeit re INSYS New PA Form

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant timeframe 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

439 1966 11/22/2012 Trial Ex. 0006497

INS-BOS-04470789

Email from M. Gurry to D. Fila, et al. re Re: PA Approved

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant timeframe 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay 901: Authenticity has not been established

440 1973.2 unknown video441 1985 8/25/2014 Trial Ex. 0006818

INS-BOS-04408060

Email from L. Gurrieri to J. Kapoor re RE: MASTER IRC Daily Chart Log 7-28-14 thru 08-22-14 [UNSCANNED]

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

442 1986 9/15/2014 Trial Ex. 0006820

EJF-000318140

Email from L. Gurrier to C. Homrich, et al. re MASTER IRC Daily Chart Log 7-28-14 thru 9-12-14.xlsx [UNSCANNED]

443 2013 5/3/2013 Trial Ex. 0006928

INS2065505

Email from A. Burlakoff to L. Gurrieri re 401: Prior authorization issues not relevant to the discrete 

misrepresentations at issue in this case and not from relevant timeframe 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay 901: Authenticity has not been established

444 2019 7/18/2012 Trial Ex. 0007004

INS5283430

Email from X. Yu to M. Babich, et al. re RE: New SSP Hire

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant timeframe 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay 901: Authenticity has not been established

Page 55

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 75 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

445 2041 6/30/2015 Trial Ex. 0007024

INS-BOS-04199476

Email from J. Grosshans to __ re PSC Organizational Update: Liz Gurrieri, Business Support Advisor

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant timeframe 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

446 2043 10/30/2013 Trial Ex. 0007025

INS1488982

Email from D. Tondre to L. Gurrieri, et al. re RE: 401: Prior authorization issues not relevant to the discrete 

misrepresentations at issue in this case and not from relevant timeframe 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted 901: Authenticity has not been established

447 2052 Trial Ex. 0007041 Insys Reimbursement Center 401: Prior authorization issues not relevant to the discrete 

misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established

448 2066 7/1/2014 Trial Ex. 0007081

INS-BOS-07607318

Email from J. Pearlman to Sales PHL, et al. re It's time

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established

449 2069 4/24/2013 Trial Ex. 0007082

INS1493521

Email from L. Gurrieri to L. Logatti, et al. re FW: Regional Breakouts.ppt

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established

Page 56

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 76 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

450 2070 Trial Ex. 0007083 IRC Update 401: Prior authorization issues not relevant to the discrete 

misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been establishedMIL: Subject to defendants' motions in limine

451 2071 12/10/2012 Email from L. Gurrieri to M. Gurry re: Dr. 

Awerbuch issue

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established

452 2073 7/1/2014 Trial Ex. 0007093

INS-BOS-00513860

Email from L. Gurrieri to C. Homrich, et al. re RE: IRC Visit Tomorrow

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been establishedMIL: Subject to defendants' motions in limine

453 2085 Trial Ex. 0007096 chart 401: Prior authorization issues not relevant to the discrete 

misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been establishedMIL: Subject to defendants' motions in limine

Page 57

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 77 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

454 2090 1/10/2013 Trial Ex. 0007113

INS-BOS-04368946

Email from L. Gurrieri to E. Gutzeit re RE: Internal Reimbursement Center Update

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been establishedMIL: Subject to defendants' motions in limine

455 2091 1/4/2013 Trial Ex. 0007115

INS-BOS-04931647

Appointment Record 401: Not relevant to the discrete misrepresentations at 

issue in this case and not from relevant time period 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been establishedMIL: Subject to defendants' motions in limine

456 2121 9/14/2012 Trial Ex. 0007215

INS-BOS-00027673

Email from M. Gurry to J. Kapoor re Prior Auth Strategic Plan

457 2130 5/12/2014 Trial Ex. 0007231 Email from M. Babich to J. Grosshans, et al. re 

Re: Subsys Pain Team Expansion - 52 New Territories

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established

458 2139 11/21/2013 Trial Ex. 0007244

EJF-000196230

Insys Interview - Oliver Gauthier - Position: District Manager

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

459 2164 3/10/2014 Trial Ex. 0007283

INS-BOS-08824732

Email from J. Grosshans to K. Sanchez, et al. re Official Start: Brian Pipko

460 2223 2/15/2014 Trial Ex. 0007378

INS1388572

Email from O. Gauthier to J. Rowan re Fwd: 145 yesterday, -791 for the week

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established

Page 58

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 78 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

461 2224 2/17/2014 Trial Ex. 0007379

INS0564419

Email from O. Gauthier to J. Rowan re Fwd: Dr Ahamad opt ins so far

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established

462 2225 3/6/2014 Trial Ex. 0007381

INS1451590

Email from T. Childress to A. Harrington, et al. re Re: Sherrie Rice ABL

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

463 2232 Trial Ex. 0007385 Control Number chart 401: Not relevant to the discrete misrepresentations at 

issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established1002: Chart compiling text messages not best evidence; should use copies of originals 

464 2241 9/16/2014 Trial Ex. 0007391

INS-BOS-09204813

Email from O. Gauthier to M. Babich, et al. re Fwd: Consur Itinerary 10/01/2014: TRIP FROM ATLANTA TO LITTLE ROCK (NDYMIO)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established

465 2292-2 10/17/2012 Trial Ex. 0007982

INS-BOS-04862877

Email from M. Gurry to M. Gurry re PA Process Certification

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established

466 2292-3 10/19/2012 Trial Ex. 0007983

INS-BOS-04860345

Email from M. Gurry to M. Gurry re PA summary

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document

Page 59

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 79 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

467 2292-4 10/26/2012 Trial Ex. 0007984

INS-BOS-04850557

Email from M. Gurry to M. Gurry re JK action items

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

468 2292-5 3/7/2013 Trial Ex. 0007985

INS-BOS-04222369

Email from M. Gurry to M. Gurry re Tamara 401: Prior authorization issues not relevant to the discrete 

misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

469 2292-6 3/14/2013 Trial Ex. 0007986

INS-BOS-04842039

Email from M. Gurry to M. Gurry re IRC Comp 401: Prior authorization issues not relevant to the discrete 

misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

470 2292-7 4/9/2013 Trial Ex. 0007987

INS-BOS-04222361

Email from M. Gurry to M. Gurry re Counseling of David Benavidez

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

471 2292-8 5/22/2013 Trial Ex. 0007988

INS-BOS-08660004

Email from M. Gurry to M. Gurry re Add field to database about actiq switch kapoor

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

472 2292-9 5/29/2013 Trial Ex. 0007989

INS-BOS-04831748

Email from M. Gurry to M. Gurry re Pct of docs that haveopted in for kapoor

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 60

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 80 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

473 2292-10 7/31/2013 Trial Ex. 0007990

INS-BOS-04819768

Email from M. Gurry to M. Gurry re Invite Kapoor n Mike to next ABL call

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

474 2292-12 11/16/2014 Trial Ex. 0007991

INS-BOS-04739689

Email from M. Gurry to M. Gurry re Kapoor IRC Followup

401: Prior authorization issues not relevant to the discrete misrepresentations at issue in this case and not from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

475 2295 various Trial Ex. 0008026

INS-BOS-00841146

Notes from IRC database 401: Prior authorization issues not relevant to the discrete 

misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established1002: Not best evidence; should use original notes

476 2303 4/6/2015 Trial Ex. 0008103 Letter of Warning to L. Meyer from Y. Jamison 401: Not relevant to the discrete misrepresentations at 

issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established1002: Not best evidence

477 2317 2/13/2013 Trial Ex. 0008125

DOJ-SB003059BEISLER003059

Email from susannelisa73@aol.com to gracepeters90@hotmail.com re Thank you! And more programs!! :)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established1002: Not best evidence

Page 61

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 81 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

478 2319 4/9/2013 Trial Ex. 0008128

DOJ-SB003196BEISLER003196

Email from susannelisa73@aol.com to gracepeters90@hotmail.com re More programs, etc!

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established

479 2322 5/30/2013 Trial Ex. 0008132

DOJ-SB000750BEISLER000750

Email from susan91973@gmail.com to sonia_palermo99@yahoo.com re __

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established

480 2323 12/3/2013 Trial Ex. 0008133

EJF-000308099

Email from S. Beisler to J. Kapoor re More..... 401: Individual sales rep's complaints not relevant to the 

discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established

481 2324 12/13/2013 Trial Ex. 0008137

INS-BOS-02380465

Email from M. Babich to INSYS Staff - All, et al. re Company wide message

482 2332 10/31/2013 Trial Ex. 0008149

INS2404236

Email from R. Simon to A. Burlakoff re Fwd: CO Springs Interview Schedule Round 2

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

483 2338 9/20/2013 Trial Ex. 0008156

INS2416477

Email from A. Burlakoff to S. Lee, et al. re Fw: Conf call

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, and hearsay within hearsay901: Authenticity has not been established

Page 62

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 82 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

484 2347 Trial Ex. 0008164 Payments to Eight Prescribers 401: Not relevant to the discrete misrepresentations at 

issue in this case and references payments outside of relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established1002: Summary chart is not best evidence; should use original payment records

485 2348 8/17/2015

various

Trial Ex. 0008165 Subsys Prescriptions Period: 3/26/2012-

8/17/2015 Status: Paid

401: Not relevant to the discrete misrepresentations at issue in this case and references data outside of relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established1002: Summary chart is not best evidence

486 2349 2012-2015 Trial Ex. 0008166 Subsys Net Revenue 401: Not relevant to the discrete misrepresentations at 

issue in this case and references data outside of relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established1002: Summary chart is not best evidence

487 5482 Trial Ex. 0009003

INS-BOS-06721958

Inysis Speaker Programs 401: Not relevant to the discrete misrepresentations at 

issue in this case and not from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

488 5620 Trial Ex. 0009139 Insys Board of Directors 401: Not relevant to the discrete misrepresentations at 

issue in this case

489 5846-01 Trial Ex. 0009665 Babich: Non-Stock Compensation 401: Compensation not relevant to the discrete 

misrepresentations at issue in this case and contains data outside of relevant time period403: Prejudicial to introduce evidence of a defendant's compensation when not relevant to issues in this case

490 5907 11/4/2015 Trial Ex. 0009675

EJF-000339993

Babich Separation Agreement 401: Not relevant to the discrete misrepresentations at 

issue in this case 403: Prejudicial to introduce evidence of a defendant's compensation from separation agreement when not relevant to issues in this case

Page 63

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 83 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

491 3042 9/12/2013 INS2371748 Email from J. Grosshans to M. Babich, et al. re: 

Kourtney Nagy

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

492 018 10/3/2014 INS-BOS-09195784 Email from X. Yu to A. Burlakoff, et al. re Q4 

Bonus Plan - DM

401: Compensation not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

493 019 INS-BOS-09195785 SUBSYS Incentive Compensation Plan, Q4 2014 401: Compensation not relevant to the discrete 

misrepresentations at issue in this case, duplicate 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

494 020 INS-BOS-09194515 SUBSYS Incentive Compensation Plan, Q4 2014 401: Not relevant to the discrete misrepresentations at 

issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

495 021 12/17/2014 INS-BOS-09184930 Email from X. Yu to A. Burlakoff, et al. re Q1 IC 

Plan - Final & Approved

401: Compensation not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 64

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496 022 INS-BOS-09184933 SUBSYS Incentive Compensation Plan, Q1 2015 401: Compensation not relevant to the discrete 

misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

497 023 5/11/2015 INS-BOS-09211298 Email from A. Burlakoff to M. Babich re Fw: 

Heads Up

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

498 024 11/5/2014 INS-BOS-04027927 Email from A. Burlakoff to D. Davis, et al. re IRC 401: IRC issues not relevant to the discrete 

misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

499 25, 150 9/3/2013 INS-BOS-07990788 Email from A. Burlakoff to X. Yu re FW: Possible 

target list

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

500 065 1/24/2014 INS-BOS-09130572 Email from D. Fila to B. Pipko, et al. re FW: NSM 

(with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 65

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501 066 3/5/2014 INSYS_AZ_00169144 Email from A. Burlakoff to B. Pipko, et al. re Re: 

Website Contact Form on 2014-02-25

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

502 067 3/7/2014 INS2146109 Email from A. Burlakoff to B. Pipko re Re: 

Oncology

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

503 068 3/7/2014 INSYS-MDL-010416527 Email from B. Pipko to J. Pearlman re RE: Shane 401: Not relevant to the discrete misrepresentations at 

issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

504 084 7/23/2014 INS-BOS-09292927 Email from M. Babich to B. Pipko, et al. re Re: 

Advocacy Forum Details

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 

505 085 8/15/2014 INS-BOS-09173271 Email from A. Burlakoff to B. Pipko re Fw: 

Resume - Lisa Scaffidi

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

506 096 10/23/2014 INS-BOS-09186378 Email from B. Pipko to Sales ONC, et al. re FW: 

TOP Pain Prescribing Nurse Practitioners

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

507 125 2/20/2014 INS3533353 Email from D. Baker to M. Babich, et al. re 

Updated approval limit schedule (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

Page 66

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508 151 10/15/2013 INS1708410 Email from A. Burlakoff to Sales ONC, et al. re 

IMPORTANT - DO NOT DELETE / Logging calls for ONC

509 209 3/18/2014 INS-BOS-08827526 Email from M. Napoletano to J. Kapoor, et al. re 

FW: Advocacy Plans With and Without Budget (with attachment)

510 211 6/26/2014 INS-BOS-09249346 Email from M. Babich to B. Pipko re FW: 

Approval from Dr. Kapoor Needed for Friday, 6/27, Meeting with Edelman

511 213 10/6/2014 INSYS-MDL-008458879 Email from K. Sharpsten to X. Yu re FW: Update 

for meeting with Dr. Kapoor

401: Data tracking not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

512 232 11/10/2014 INS-BOS-01036369 Email from B. Pipko to Sales ONC, et al. re FW: 

Oncology Fall-Off Writers Q4 2014.xlsx

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

513 252 9/8/2014 INS-BOS-09332808 Email from B. Pipko to M. Babich, et al. re 

Today's Oncology Strategy Call (with attachment)

514 Smith 0002 2/23/2015 N/A Civil Minutes - General (S.E.C. v. Heart Tronics, 

Inc., No. 11-cv-1962 (C.D. Cal.)

401: Court document from unrelated case not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

515 Smith 0003 8/6/2015 INSYS-COFFMAN002160 INSY 2Q Subsys concerns overdone; we expect 

inventory related reversal (RBC)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

516 Smith 0004 8/6/2015 INSYS-COFFMAN002176 Strong Q2 Subsys Revs; Higher Expenses Trims 

Non-GAAP EPS (Jefferies)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

517 Smith 0005 8/7/2015 INSYS-COFFMAN002186 2Q15 Results: Subsys Beat Not Enough 

(Oppenheimer)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 67

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518 Smith 0008 6/4/2019 Excerpts of Motion Hearing Transcript 401: Not relevant to the discrete misrepresentations at 

issue in this case 801/802: Hearsay if used for truth of matter asserted

519 Smith 0009 9/20/2019 Order re class certification 401: Not relevant to the discrete misrepresentations at 

issue in this case403: Prejudicial to introduce court order regarding legal issues; evidence would confuse jury601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted; hearsay within hearsay 

520 275 2/18/2015 DIDONATO-EJF-0089291 Interoffice Menorandum from D. 

Hollandsworth to J. Kapoor, et al. re: Medical Marketing Communications Update

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

521 272 10/28/2015 DIDONATO-EJF-0240308 Email from V. Malhotra to M. Babich, et al. re: 

Insys Oncology Meeting Discussion Agenda with Updates: 10.30.13

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

522 9/19/2013 INS_BOS_08419505 Email from M. Babich to A. Burlakoff, et al. re: 

Re: Abstral writers in week of 9/6

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

523 9/9/2013 INS2178605 Email from X. Yu yo M. Babich, et al. re: please 

arrange for tomorrow (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

524 8/18/2013 INS3275784 Email from A. Burlakoff to K. Hill re: Oncologist 

Expansion V1 07-30-13.pptx

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 68

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525 4/27/2013 INS3993862 Email from A. Burlakoff to K. Hill re: 

IMPORTANT - Sales Contest Payouts/DO NOT DELETE

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

526 5/22/2013 INS4441608 Email from M. Babich to J. Kapoor, et al. re Fwd: 

Lazy Man's Morning Notes 5.22.13: AMAG, AMGN, AZN, BAX, BMY, CGIX, COV, CYTN, ELN, GALE, GIVN, GSK, ISRG, JNJ, KND, LLY, MRK, Novartis, PFE, REGN, Roche, Sanofi, SLXP, VAR, ZTS (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

527 1/31/2014 INS4487983 Email from V. Malhotra to J. Kapoor, et al. re: 

Oncology Meeting Agenda Deck (with attachment)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

528 1/7/2014 INS4873376 Email from M. Napoletano to M. Babich re: 

Abstral Activity

401: Not relevant to the discrete misrepresentations at issue in this case403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

529 5/4/2015 INS-BOS-06743021 Email from B. Pipko to A. Burlakoff, et al. re: 

Tomorrow's Oncology Call (with attachment)

530 9/4/2013 INS-BOS-07992773 Email from J. Grosshans to A. Burlakoff, et al. 

re: Copy of Insys New Sales Force Structure Q4'13.xlsm (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

Page 69

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531 9/13/2013 INS-BOS-08338110 Email from D. Wichman to M. Babich re: 

Congrats

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

532 7/30/2013 INS-BOS-08343698 Email from X. Yu to M. Babich, et al. re: 

Oncologist Expansion V1 07-30-13.pptx (with attachment)

533 1/17/2012 INS-BOS-08843523 Email from S. Simon to M. Babich, et al. re: 

lazanda rep interview and takeways (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period

534 4/22/2014 INS-BOS-09042164 Email from D. Hollandsworth to R. Simon, et al. 

re Speaker Bureau Update

601, 602: Unclear how this will be utilized; needs proper 

foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

535 8/15/2014 INS-BOS-09173261 Email from B. Pipko to M. Napoletano, et al. re: 

Abstral Update

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

536 10/20/2014 INS-BOS-09200918 Email from B. Pipko to B. Ruano, et al. re: 

Oncology Strategy Session (with attachment)

537 5/28/2014 INS-BOS-09255922 Email from M. Babich to J. Kapoor re: Fwd: 

Proposals for Oncology (with attachment)

538 5/29/2014 INS-BOS-09255979 Email from R. Simon to M. Babich re RE: 

Estimated cost per program

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

539 5/15/2014 INS-BOS-09289481 Email from B. Pipko to M. Babich, et al. re: 

Oncology Staffing Proposals (with attachment)

Page 70

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540 7/22/2014 INS-BOS-09291913 Email from B. Tambi to J. Kapoor, et al. re: Fw: 

Galena Biopharma Enters Into Definitive Agreement to License U.S. Rights for Zuplenz(R) (ondansetron) Oral Soluble Film

401: Information about competing pharmacuetical companies is not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

541 7/23/2014 INS-BOS-09292606 Email from B. Pipko to M. Babich, et al. re: Slide 

Deck for This Mornings Oncology Strategy Meeting (with attachment)

542 7/24/2014 INS-BOS-09293272 Email from M. Napoletano re: B. Pipko, et al. 

re: Fwd: Contract Re - Negotiation Options

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

543 8/14/2014 INS-BOS-09301218 Email from M. Babich to D. Hollandsworth re: 

RE: INSYS Meetings and Events

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

544 9/2/2014 INS-BOS-09331405 Email from B. Pipko to R. Florek, et al. re: FW: 

Med Onc RC2A

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

545 9/17/2013 INS-BOS-10754850 Email from A. Burlakoff to Sales RDs, et al. re: 

Please review carefully/Oncology focused rep 'update' (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 71

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546 1/26/2015 INS-BOS-11612961 Email from S. Shangold to D. Hollandsworth, et 

al. re: Good morning

547 1/28/2015 INS-BOS-11613578 Email from C. Student to D. Hollandsworth, et 

al. re: Status (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

548 1/29/2015 INS-BOS-11614473 Email from E. Sporkin to D. Hollandsworth, et 

al. re: Follow up to meeting with Steve Shangold: Proposals for Nursing Activities

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

549 4/24/2014 INS-BOS-11855061 Email from A. Burlakoff to R. Simon re Fw: ROO 

Market Weekly Sales Dashboard - Week Ending 04/11

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

550 1/18/2016 INSYS_AZ_00136889 Email from B. Pipko to D. Brennan, et al. re RE: 

Outstanding Introduction Letter

401: Not from relevant time period 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

551 9/22/2015 INSYS_AZ_00138094 Email from B. Pipko to S. Vetticaden, et al. re: 

Agenda Items for the Live Oncology Meeting with Dr. Alberts and VonHoff

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

552 3/1/2015 INSYS_AZ_00144511 Email from B. Pipko to M. Hein re: Slides for 

Tomorrow's Meeting (with attachment)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

553 10/15/2014 INSYS_AZ_00147524 Email from B. Pipko to K. Sharpsten re: 

Targeting Data (with attachment)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

554 4/9/2014 INSYS_AZ_00155969 Email from B. Pipko to S. Beckhardt re: Follow 

Up

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 72

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555 4/9/2014 INSYS_AZ_00156246 Email from B. Pipko to J. Grosshans re: 

Theresa_Thompson-PA

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

556 7/13/2015 INSYS_AZ_00196116 Email from C. Woods to B. Pipko, et al. re: 

ONS_Chapter_Leadership_HCP_Contacts.xlsx

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

557 2/26/2015 INSYS_AZ_00214564 Email from K. Sharpsten to B. Pipko, et al. re: 

Oncology targeting slides (with attachment)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

558 9/10/2014 INSYS_AZ_00506456 Email from R. Florek to B. Pipko re: Florida 

Cancer Specialists Pilot Program (with attachments)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

559 6/30/2014 INSYS_AZ_00548616 Email from A. Burlakoff to Sales All re: FW: 5 

days without new (with attachment)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

560 2/3/2014 INSYS_AZ_00571743 Email from A. Burlakoff to Sales All re: FW: 5 

days without new

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

561 2/16/2015 INSYS-MDL-005955904 Email from D. Hollandsworth to S. Shangold, et 

al. re Follow up to meeting with Steve Shangold: Proposals for Nursing Activities

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

562 Jul-13 INSYS-RUSSELL000001 Community Catalyst: Policy Guide for Academic 

Medical Centers and Medical Schools | Toolkit on Promotional Speaking

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

563 2014 INSYS-RUSSELL000007 ONS 2014 Annual Report 601, 602: Unclear how this will be utilized; needs proper 

foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 73

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564 2/25/2014 INSYS-RUSSELL000039 Nicholas Basta, 2014 Hub Services Report, 

Competitive forces sharpen as manufacturers look for the right channel partners

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

565 10/28/2013 INSYS-RUSSELL000049 Depomed Announces the Launch of Lazanda® 

(fentanyl) Nasal Spray and the Signature SupportTM Program for Patients with 

Breakthrough Cancer Pain

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

566 unknown INSYS-RUSSELL000054 Approved Risk Evaluation and Mitigation 

Strategies (REMS)

401: Not relevant to the discrete misrepresentations at issue in this case and not clear whether from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

567 10/31/2017 INSYS-RUSSELL000059 MD Anderson Cancer Center, Cancer PainAdult, Department of Clinical Effectiveness V11 

rev.,

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

568 3/21/2013 INSYS-RUSSELL000083 Galena BioPharma, Inc. Form 8-K 401: Not relevant to the discrete misrepresentations at 

issue in this case and not from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

569 8/3/2018 INSYS-RUSSELL000088 FDA Briefing Document, Joint Meeting of the 

Drug Safety and Risk Management (DSaRM) Advisory Committee and Anesthetic and Analgesic Drug Products Advisory Committee (AADPAC), Transmucosal Immediate-Release Fentanyl (TIRF) Risk Evaluation and Mitigation Strategy (REMS)

401: Not relevant to the discrete misrepresentations at 

issue in this case and not from relevant time period

601, 602: Unclear how this will be utilized; needs proper 

foundation and a witness who can testify about this document901: Authenticity has not been established

570 3/18/2013 INSYS-RUSSELL000189 Ex. 99.1: Galena Biopharma Acquires Abstral® 

(fentanyl) Sublingual Tables in U.S., a Novel, Best-in-Class Treatment Approvel for Breakthrough Cancer Pain

401: Not relevant to the discrete misrepresentations at 

issue in this case and not from relevant time period

601, 602: Unclear how this will be utilized; needs proper 

foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 74

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 94 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

571 unknown INSYS-RUSSELL000193 CephalonCares Foundation Application Form 401: Not relevant to the discrete misrepresentations at 

issue in this case and not clear whether from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

572 3/3/2014 INSYS-RUSSELL000197 Press Release: Galena Biopharma Launches 

Galena Patient Services (GPS)

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

573 5/9/2014 INSYS-RUSSELL000201 CURE Magazine Announces Winner of the 2014 

Extraordinary Healer Award for Oncology Nursing

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

574 January-17 INSYS-RUSSELL000205 Jonathan Clark, PharmD and Altheer Kaddis, 

PharmD, Specialty Pharmacy Section| Hub Services, January 2017, Pharmacy Today 41

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

575 INSYS-RUSSELL000206 Development of Shared System REMS, Elaine 

Lippmann, J.D., Office of Regulatory Policy, CDER, FDA

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

576 INSYS-RUSSELL000219 AstraZeneca Job Posting for Oncology Nurse 

Educator

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

577 Mar-05 INSYS-RUSSELL000222 OA Member News, Vol. 7, Issue 1, March 2005. 401: Not relevant to the discrete misrepresentations at 

issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 75

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 95 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

578 4/11/2014 INSYS-RUSSELL000254 NCCN Clinical Practice Guidelines in Oncology, 

Adult Cancer Pain, Version 2.2014, MS-17

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

579 Feb-18 INSYS-RUSSELL000335 Arrington, Sheila A., et al, Pharmaceutical 

Clinical Educators: A Resource for Advanced Practice Providers, Practice Matter, AdvancedPractioner.com 161.9, No.1, Jan/Feb 2018, 

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

580 Aug-16 INSYS-RUSSELL000343 Prescriptions Medicines: Cost in Context, 

PhRMA, August 2016 

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

581 5/5/2018 INSYS-RUSSELL000377 Risk Evaluation and Mitigation Strategies 

(REMS) Summary, Thomas Sullivan

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

582 INSYS-RUSSELL000385 LinkedIn Profile for Shelia Ayers 401: Not relevant to the discrete misrepresentations at 

issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

583 INSYS-RUSSELL000391 Multimedia resources: The Evolving Role Of the 

Community Oncology Nurse In Cancer Cachexia

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

584 INSYS-RUSSELL000393 Webpage: About the TIRF REMS Access 

Program

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

585 INSYS-RUSSELL000394 Webpage: TIRF REMS Access Program Home 601, 602: Unclear how this will be utilized; needs proper 

foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 76

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 96 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

586 11/14/2011 INSYS-RUSSELL000397 Bob Sperber, With coupons, pharma is saying 

‘Let’s make a deal’ to consumers, PharmaceuticalCommerce, Nov. 14, 2011

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

587 1/21/2002 N/A Fred Gebhart. Pharmacists welcome vouchers 

in place of drug samples. Drug Topics 2002; 2:25 

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

588 N/A Webpage: Welcome to the Teva Cares 

Foundation

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

589 N/A Webpage: Janssen: Supporting Our Patients at 

Every Step

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

590 N/A Webpage: Merck Patient Assistance Programs 

to Help Those in Need

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

591 N/A Webpage: Pfizer RxPathways 401: Not relevant to the discrete misrepresentations at 

issue in this case403: Prejudicial to introduce website for Pfizer, a competing drug company receiving negative media coverage and not involved in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

592 6/28/2019 N/A Defendant John N. Kapoor’s Second 

Supplemental Responses and Objections to Lead Plaintiff’s First Set of Interrogatories

801/802: Hearsay if used for truth of matter asserted611: Inappropriate mode of presentation

Page 77

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 97 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

593 7/29/2013 N/A Depomed Announces Acquisition of Lazanda 

(fentanyl) Nasal Spray from Archimedes Pharma Limited, Cision Prnewswire

601, 602: Unclear how this will be utilized; needs proper 

foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

594 3/17/2014 N/A Galena 2013 Annual Report 401: Not relevant to the discrete misrepresentations at 

issue in this case 403: Prejudicial to introduce evidence regarding competing drug company, confuses jury601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

595 5/9/2013 N/A Galena Biopharma Form10-Q for the quarterly 

period ended March 31, 2013

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce evidence regarding competing drug company, confuses jury601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

596 unknown N/A LinkedIn Profile for Brian Trymbiski 401: Not relevant to the discrete misrepresentations at 

issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

597 unknown N/A LinkedIn Profile for Christoper S. Lento, MBA 401: Not relevant to the discrete misrepresentations at 

issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

598 unknown N/A LinkedIn Profile for David Corin 401: Not relevant to the discrete misrepresentations at 

issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

599 unknown N/A LinkedIn Profile for Fred Vitale 401: Not relevant to the discrete misrepresentations at 

issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 78

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 98 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

600 unknown N/A LinkedIn Profile for Patricia Fitzpatrick 401: Not relevant to the discrete misrepresentations at 

issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

601 unknown N/A LinkedIn Profile for Sarah Walsh 401: Not relevant to the discrete misrepresentations at 

issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

602 unknown N/A LinkedIn Profile for Scott Taylor, MBA 401: Not relevant to the discrete misrepresentations at 

issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

603 unknown N/A LinkedIn Profile for Sean Kelly 401: Not relevant to the discrete misrepresentations at 

issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

604 unknown N/A LinkedIn Profile for Shari Ashley 401: Not relevant to the discrete misrepresentations at 

issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

605 unknown N/A LinkedIn Profile for Steve Brennan 401: Not relevant to the discrete misrepresentations at 

issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

606 unknown N/A Website: NCCN Guidelines 

(https://www.nccn.org/professionals/physician_gls/default.aspx)

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 79

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 99 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

607 8/4/2005 N/A Press Release: Amgen Strengthen Focus on 

Oncology Pipeline, Names David R. Parkinson to New Role in Research and Development Organization

403: Prejudicial to introduce evidence regarding competing drug company, confuses jury601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

608 9/6/2019 N/A Defendant Michael Babich's Supplemental 

Response to Lead Plaintiff's First Set of Interrogatories (Interrogatories 1 and 2)

609 3/10/2016 N/A BioDelivery Sciences International, Inc. Form 10-

K, for the fiscal year ended December 31, 2015

401: Evidence regarding company not party to this case is not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

610 10/14/2011 N/A Press Release: Teva Completes Acquisition of 

Cephalon

401: Evidence regarding company not party to this case is not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

611 unknown N/A Website: Teva Oncology | Fifth Annual 

Oncology Guide to Patient Support Services 

401: Evidence regarding company not party to this case is not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

612 1478 8/21/2012 Trial Ex. 0004113 Email from M. Babich to N. Oquendo, et al. re 

RE: Important/Confidential

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

613 1480 8/29/2012 Trial Ex. 0004115

INS4368360

Email from M. Napoletano to N. Oquendo, et al. re Re: Important - Re: Subsys

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 80

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TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

614 1488 9/14/2012 Trial Ex. 0004117

INS-BOS-00027662

Email from M. Babich to E. Pierce, et al. re important announcements, promotion

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

615 1602 2/11/2014 Trial Ex. 0004199

INS3608329

Email from A. Burlakoff to M. Babich, et al. re Re: ISP Logistics - 11am

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

616 1648 11/30/2014 Trial Ex. 0004205

INS-BOS-09180873

Email from A. Burlakoff to M.Babich, et al. re Resignation

401: Not relevant to the discrete misrepresentations at issue in this case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

617 1904 5/13/2014 Trial Ex. 0005556 Email from K. Fordham to M. Gurry re Reason 

for Concern

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

618 2101 3/14/2013 Trial Ex. 0007126

INS4726576

Email from D. Hollandsworth to M. Napoletano re FW: URGENT - speaker budget allocation Central - Rich Simon.xlsx

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

619 2105 10/17/2014 Trial Ex. 0007139

INS-BOS-04747880

Email from M. Babich to Sales All re Promotion Announcement

401: Not relevant to the discrete misrepresentations at issue in this case901: Authenticity has not been established

Page 81

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 101 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

620 2115 3/12/2013 Trial Ex. 0007214

INS1694080

Email from J. Rowan to Sales Team - Southeast re FW: 7891 TRx, -64 yesterday, -66 for the week

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

621 2126 1/15/2013 Trial Ex. 0007222

INS-BOS-04845358

Email from A. Burlakoff to X. Yu, et al. re RE: reports for individual reps

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

622 2158 3/11/2014 Trial Ex. 0007275

INS0568944

Email from J. Pearlman to Sales PHL, et al. re it can be done FW: Dr Ahmad 19 opt ins for the day

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

623 2345 Trial Ex. 0008162 Subsys Medicare Claims; May 01, 2012 to 

December 31, 2015

401: Not relevant to the discrete misrepresentations at issue in this case and contains data outside of relevant time 

period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

624 2346 Trial Ex. 0008163 Subsys Medicare Claims; May 01, 2012 to 

December 31, 2015

401: Not relevant to the discrete misrepresentations at issue in this case and contains data outside of relevant time 

period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 82

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 102 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

625 1/6/2014 INS-BOS-00010016 Email from X. Yu to J. Kapoor re: Daily PSKW 

Redemption Count (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

626 10/21/2013 INS-BOS-00018230 Email from X. Yu to J. Kapoor, et al. re Daily 

PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

627 10/28/2013 INS-BOS-00018315 Email from X. Yu to J. Kapoor, et al. re Daily 

PSKW Redemption Count (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

628 11/25/2013 INS-BOS-00020263 Email from X. Yu to J. Kapoor, et al. re Daily 

PSKW Redemption Count (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 83

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TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

629 11/3/2014 INS-BOS-00287993 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

630 3/2/2015 INS-BOS-00289644 Email from R. Pitts to Relay Reporting re Daily 

PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

631 3/30/2015 INS-BOS-00522509 Email from R. Pitts to Relay Reporting re Daily 

PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

632 8/25/2014 INS-BOS-04027160 Email from D. Bucher to Relay Reporting, et al. 

re Daily PSKW Redemption Count (with attachment) 

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

633 8/11/2014 INS-BOS-04027321 Email from D. Bucher to Relay Reporting, et al. 

re Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 84

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TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

634 11/10/2014 INS-BOS-04027954 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

635 9/29/2014 INS-BOS-04028188 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

636 10/6/2014 INS-BOS-04028256 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

637 3/23/2015 INS-BOS-04028650 Email from D. Bucher to Relay Reporting, et al. 

re Daily PSKW Redemption Count 

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

638 1/12/2015 INS-BOS-04029280 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 85

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 105 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

639 11/18/2013 INS-BOS-07989531 Email from X. Yu to J. Kapoor, et al. re Daily 

PSKW Redemption Count (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

640 10/14/2013 INS-BOS-07990378 Email from A. Burlakoff to A. Burlakoff re Fw: 

Daily PSKW Redemption Count (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

641 11/11/2013 INS-BOS-07992235 Email from X. Yu to J. Kapoor, et al. re Daily 

PSKW Redemption Count (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

642 1/13/2014 INS-BOS-07999239 Email from N. Casura to Relay Reporting re 

Daily PSKW Redemption Count (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 86

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 106 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

643 1/20/2014 INS-BOS-07999281 Email from N. Casura to Relay Reporting re 

Daily PSKW Redemption Count (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

644 1/27/2014 INS-BOS-07999297 Email from N. Casura to Relay Reporting re 

Daily PSKW Redemption Count (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

645 11/4/2013 INS-BOS-08325460 Email from X. Yu to J. Kapoor, et al. re Daily 

PSKW Redemption Count (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

646 5/12/2014 INS-BOS-09132794 Email from D. Bucher to Relay Reporting re RE: 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 87

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 107 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

647 5/19/2014 INS-BOS-09133158 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

648 5/27/2014 INS-BOS-09135204 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

649 6/23/2014 INS-BOS-09157016 Email from D. Bucher to Relay Reporting, et al. 

re Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

650 7/21/2014 INS-BOS-09163388 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

651 6/9/2014 INS-BOS-09164553 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 88

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 108 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

652 6/16/2014 INS-BOS-09165460 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

653 8/18/2014 INS-BOS-09173454 Email from D. Bucher to Relay Reporting, et al. 

re Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

654 1/26/2015 INS-BOS-09174446 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

655 2/2/2015 INS-BOS-09176057 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

656 2/9/2015 INS-BOS-09177088 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 89

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 109 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

657 2/23/2015 INS-BOS-09179217 Email from B. Pipko to A. Burlakoff re FW: Daily 

PSKW Redemption Count (with attachment)

658 9/22/2014 INS-BOS-09192662 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

659 10/20/2014 INS-BOS-09200914 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

660 8/29/2014 INS-BOS-09202332 Email from D. Bucher to Relay Reporting, et al. 

re Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

661 9/8/2014 INS-BOS-09203508 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 90

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 110 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

662 9/15/2014 INS-BOS-09204562 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

663 3/16/2015 INS-BOS-09205479 Email from K. Sharpsten to B. Pipko, et al. re 

FW: Daily PSKW Redemption Count (with attachment)

664 3/9/2015 INS-BOS-09233903 Email from B. Pipko to A. Burlakoff, et al. re FW: 

weekly Oncologist update (with attachment)

665 12/22/2014 INS-BOS-09234590 Email from B. Pipko to A. Burlakoff re FW: Daily 

PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

666 12/29/2014 INS-BOS-09235023 Email from R. Pitts to Relay Reporting, et al. re 

Daily PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

667 8/4/2014 INS-BOS-11821008 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 91

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 111 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

668 2/16/2015 INS-BOS-11821031 Email from R. Pitts to Relay Reporting re Daily 

PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

669 7/28/2014 INS-BOS-11821329 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

670 7/7/2014 INS-BOS-11822008 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

671 1/19/2015 INS-BOS-11839026 Email from R. Pitts to Relay Reporting re Daily 

PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

672 1/5/2015 INS-BOS-11841269 Email from R. Pitts to Relay Reporting re Daily 

PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 92

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 112 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

673 10/13/2014 INS-BOS-11845034 Email from R. Pitts to Relay Reporting re Daily 

PSKW Redemption Count [UNSCANNED] (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

674 12/16/2013 INSYS-MDL-007308128 Email from X. Yu to J. Kapoor, et al. re Daily 

PSKW Redemption Count (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

675 12/9/2013 INSYS-MDL-007308828 Email from X. Yu to J. Kapoor, et al. re Daily 

PSKW Redemption Count (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

676 12/2/2013 INSYS-MDL-007312367 Email from X. Yu to J. Kapoor, et al. re Daily 

PSKW Redemption Count (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 93

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 113 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

677 10/7/2013 INSYS-MDL-007330774 Email from X. Yu to J. Kapoor, et al. re Daily 

PSKW Redemption Count (with attachments)

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period

403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

678 2/3/2014 INSYS-MDL-007508627 Email from N. Casura to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

679 2/10/2014 INSYS-MDL-007510986 Email from N. Casura to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

680 4/7/2014 INSYS-MDL-007514183 Email from X. Yu to Relay Reporting, et al. re 

FW: Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 94

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 114 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

681 4/14/2014 INSYS-MDL-007518086 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

682 5/5/2014 INSYS-MDL-007531475 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

683 2/24/2014 INSYS-MDL-007599954 Email from N. Casura to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

684 3/3/2014 INSYS-MDL-007601853 Email from N. Casura to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

685 3/10/2014 INSYS-MDL-007604728 Email from N. Casura to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

Page 95

Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 115 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

686 3/17/2014 INSYS-MDL-007607445 Email from N. Casura to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

687 4/21/2014 INSYS-MDL-007609202 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

688 4/28/2014 INSYS-MDL-007612414 Email from D. Bucher to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

689 3/24/2014 INSYS-MDL-007613931 Email from N. Casura to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

690 3/31/2014 INSYS-MDL-007618004 Email from X. Yu to Relay Reporting, et al. re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

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Case 2:16-cv-00302-NVW Document 349-3 Filed 06/18/20 Page 116 of 118
TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

691 2/17/2014 INSYS-MDL-007899930 Email from N. Casura to Relay Reporting re 

Daily PSKW Redemption Count (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case and the evidence would confuse the jury, is waste of time, cumulative601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

692 5/20/2020 N/A Insys Common Stock Artificial Inflation Per 

Share March 3, 2015 - January 22, 2016

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been establishedMIL: Subject to defendants' motions in limine

693 015 10/15/2014 Email from B. Pipko to A. Burlakoff re: Q4 

Oncology ISPs

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802/805: Hearsay if used for truth of matter asserted, hearsay within hearsay901: Authenticity has not been established

694 118 12/23/2014 INSYS_AZ_00525207 Email from J. Whitfield to D. Baker, et al. re: 

November financial reports (with attachment)

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

695 135 5/12/2014 DIDONATO - EJF - 0337262 Email from X. Yu to M. Babich, et al. re: Prep at 

Direction of Counsel - Select Subsys Prescribers Writing History.xlsx (with attachment)

696 1630 6/17/2014 Trial Ex. 0004203

INS-BOS-04027126

Email from J. Grosshans to A. Harrington, et al. re: Promotions: Couturier & Szymanski

401: Not relevant to the discrete misrepresentations at issue in this case 403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

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TRIAL EX. NO.˄ DEP. EX. NO. BOS. CRIM. TRIAL EX. NO. DATE BEGIN PARENT BATES˄ DESCRIPTION˄ BASES FOR DEFENDANTS' OBJECTION(S)^ 

697 1833-02 Trial Ex. 0004407 Ranking By total QTD Net Sales 401: Not relevant to the discrete misrepresentations at 

issue in this case and not clear whether within relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

698 201 12/11/2012 Trial Ex. 0000317

INS2327608

Email from M. Babich to X. Yu, et al. re: commercial meeting

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period403: Prejudicial to introduce aspects of the criminal case in this narrow civil securities case 601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

699 6/30/2015 INSYS-MILLER000017 Titus Wealth Management Account Statement 601, 602: Unclear how this will be utilized; needs proper 

foundation and a witness who can testify about this document901: Authenticity has not been established

700 INSYS-MILLER000037 Trade Confirms issued by LPL Financial 601, 602: Unclear how this will be utilized; needs proper 

foundation and a witness who can testify about this document901: Authenticity has not been established

701 INSYS-MILLER000053 Titus Wealth Management Portfolio Detail with 

Transactions

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document901: Authenticity has not been established

702 Insys Historical Pricing Data from 3/3/2016 

through 04/22/2016

401: Not relevant to the discrete misrepresentations at issue in this case and not from relevant time period 

601, 602: Unclear how this will be utilized; needs proper foundation and a witness who can testify about this document801/802: Hearsay if used for truth of matter asserted901: Authenticity has not been established

1 The Parties have stipulated and agreed that documents produced in this action by Insys shall be deemed authentic for the purposes of this action only. The documents produced by Insys bear all of the following Bates-stamp 

BOS. Accordingly, Defendants withdraw their listed Rule 901 objection to any such proposed exhibit.

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