EXHIBIT A

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KESSLER TOPAZ 

MELTZER & CHECK, LLP

Andrew L. Zivitz

azivitz@ktmc.com 

Johnston de F. Whitman, Jr. 

jwhitman@ktmc.com

Jonathan F. Neumann

jneumann@ktmc.com

280 King of Prussia Road

Radnor, PA 19087

Telephone: (610) 667-7706

Facsimile: (610) 667-7056

-andJennifer L. Joost

jjoost@ktmc.com

One Sansome Street, Suite 1850

San Francisco, CA 94104

Telephone: (415) 400-3000

Facsimile: (415) 400-3001

BONNETT, FAIRBOURN, 

FRIEDMAN & BALINT, P.C.

Francis J. Balint, Jr.

fbalint@bffb.com

Andrew S. Friedman

afriedman@bffb.com

2325 E. Camelback Road, Suite 300

Phoenix, AZ 85016

Telephone: (602) 274-1100

Facsimile: (602) 274-1199

Liaison Counsel for Lead Plaintiff, 

Class Representative, and the Class

Lead Counsel for Lead Plaintiff, Class 

Representative, and the Class

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Richard Di Donato, Individually and On 

Behalf of All Others Similarly Situated,

Plaintiff,

v.

Insys Therapeutics, Inc.; Michael L. Babich; 

Darryl S. Baker; and John N. Kapoor,

Defendants.

No. 16-cv-00302-NVW

CLASS ACTION 

THE PLAINTIFF CLASS’S 

WITNESS LIST

EXHIBIT __ TO PROPOSED 

FINAL PRETRIAL ORDER FOR 

JURY TRIAL

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A. The Plaintiff Class’s Witnesses Who Shall Be Called at Trial

The following is a list of witnesses that the Plaintiff Class shall call at trial, and it 

includes: (a) the names of witnesses; (b) their addresses; (c) whether they are fact or 

expert witnesses, or both; and (d) a brief description of the expected testimony of each 

witness, subject to the Court’s further rulings, including on the parties’ respective 

Motions In Limine.

NO. NAME AND ADDRESS1 BRIEF DESCRIPTION OF TESTIMONY

Michael L. Babich*

18391 N 97TH PL, 

Scottsdale, AZ, 85255

c/o Russell Piccoli

RUSSELL PICCOLI PLC

701 N. 44th Street

Phoenix, AZ 85008 

(Fact Witness)

Defendant Michael L. Babich was a former 

CEO of Insys. He will testify to:

 Defendants’ public statements

 The promotion, marketing, and/or sale 

of Subsys, including through the 

Speaker Program and approval of 

Subsys prescriptions through the 

Insurance Reimbursement Center, 

during his tenure

 The sources and “key factors” in Insys’ 

revenues and growth from selling 

Subsys in FY2014, including 

“bribery,” “non-oncology” initiatives, 

and the “Factor”

 Subsys prescribers, including so-called 

“whales” and internal ROI analyses to 

track Subsys prescribers

 Any other matters set forth in his 

deposition and Boston Trial2testimony 

Alec Burlakoff*

11800 S. Gardens Dr., 

Apt. # 101

Palm Beach Gardens, FL 

33418

Alec Burlakoff was Insys’ former Vice 

President of Sales. He will testify to:

 The promotion, marketing, and/or sale 

of Subsys, including through the 

Speaker Program and approval of 

 

1 Witnesses marked with an asterisk (*) include non-party witnesses that are 

currently expected to appear by videotaped deposition, as well as parties as to who the 

Plaintiff Class reserves its right to seek to introduce videotaped deposition testimony 

pursuant to Fed. R. Civ. P. 32.

2

“Boston Trial” means the 2019 criminal jury trial before Hon. Allison D. 

Burroughs in Boston, Massachusetts, in the case styled United States v. Kapoor, et al., 

No. 16-cr-10343-ADB (D. Mass.).

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(Fact Witness)

Subsys prescriptions through the 

Insurance Reimbursement Center, 

during his tenure

 Defendants’ knowledge of the alleged 

fraud and participation in same

 The organization and compensation 

structure of Insys and its sales division

 Subsys prescribers, including so-called 

“whales” and internal ROI analyses to 

track Subsys prescribers

 Any other matters set forth in his

Boston Trial testimony3

Chad Coffman, CFA

Global Economics Group, 

LLC

140 S. Dearborn St.

Suite 1000

Chicago, IL 60603

c/o KESSLER TOPAZ, 

MELTZER & CHECK, LLP

280 King of Prussia Road, 

Radnor, PA 19087

(Expert Witness)

The opinions set forth in the expert’s Loss 

Causation and Damages reports, including:

 The artificial inflation in the price of 

Insys’ stock during the Class Period

 The causes of the losses the Plaintiff 

Class suffered

 The damages sustained by the Plaintiff 

Class on a per share basis

 Any other matters set forth in his July 

26, 2019 and November 1, 2019 merits 

reports

 If the Court determines that the jury 

should decide whether the market for 

Insys common stock was efficient 

during the Class Period, Mr. Coffman 

will testify to that issue as well as any 

other matters set forth in his August 31, 

2018 and November 30, 2018 class 

certification reports

Harris L. Devor, CPA

Friedman LLP

2000 Market Street

Suite 500

Philadelphia, PA 19103

c/o KESSLER TOPAZ, 

MELTZER & CHECK, LLP

The opinions set forth in the expert’s report, 

including:

 The sources of Subsys prescriptions, 

sales, and revenue growth in FY2014

 Insys’ use of the “Factor”

 The percentage of Subsys prescriptions 

(and associated revenues) written by 

HCPs during FY2014

 

3 Mr. Burlakoff invoked his Fifth Amendment privilege against self-incrimination 

in his June 21, 2019 deposition in this matter and, as a result, has not provided testimony 

in this Action. 

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280 King of Prussia Road, 

Radnor, PA 19087

(Expert Witness)

 Any other matters set forth in this his 

July 26, 2019 and November 1, 2019

merits reports

John N. Kapoor*

6610 N 29th Pl.

Phonenix, AZ, 85016

c/o Brian T. Kelly

NIXON PEABODY LLP

Exchange Place

53 State Street

Boston, MA 02109

(Fact Witness)

Defendant John N. Kapoor is the founder of 

Insys and its former CEO.

 Consistent with the position he has 

taken throughout this litigation, the 

Plaintiff Class expects Defendant 

Kapoor to invoke his Fifth Amendment 

privilege against self-incrimination in 

response to any questioning at trial.

 Further, the Plaintiff Class takes the 

position that because Defendant 

Kapoor has invoked his Fifth 

Amendment privilege against selfincrimination in response to 

interrogatories, requests for admission, 

and deposition questions, Defendant 

Kapoor is precluded from introducing 

evidence or eliciting testimony at trial

concerning his state of mind.

Nellie Oquendo**4

13260 N. 13th St.

Phoenix, AZ 85022

(Fact Witness)

Nellie Oquendo was Defendant Kapoor’s 

former Personal Assistant. She will testify to:

 Communications sent to and from 

Defendant Kapoor

 Defendant Kapoor’s schedule, 

including periodic meetings with Insys 

executives

 The source and authenticity of EJ 

Financial records

 Any other matters in her Boston Trial

testimony

Brian Pipko*

225 Poinciana Dr.

Jupiter, FL 33458

(Fact Witness)

Brian Pipko was Insys’ former Vice President 

of Oncology. He will testify to:

 Subsys prescriptions, sales, and 

revenues generated by the oncology 

territory during FY2014

 

4 Witnesses marked with two asterisks (**) are currently expected to be available 

for trial based on the Plaintiff Class’s understanding of where they reside. The Plaintiff 

Class reserves the right to present designated prior testimony given by these witnesses if 

they become unavailable (as defined by the Federal Rules) before trial in this Action. 

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 The change in leadership for the 

oncology territory in October 2014

 The sales and marketing tactics utilized 

in the oncology territory in 4Q2014

 Any other matters in his deposition 

testimony

Xun Yu*

c/o Michael Roundy

BULKLEY RICHARDSON 

AND GELINAS, LLP

1550 Main Street, Suite 2700 

Springfield, MA 01115 

(Fact Witness)

Xun (Sean) Yu was Insys’ former Director of 

Sales Operations. He will testify to:

 The Plaintiff Class does not expect Mr. 

Yu to be available for trial in this 

matter.

 Mr. Yu invoked his Fifth Amendment 

privilege against self-incrimination in 

response to questioning at his June 20, 

2019 deposition. Accordingly, Mr. Yu

is precluded from providing any 

substantive testimony at trial in this 

matter. 

B. The Plaintiff Class’s Witnesses Who May Be Called at Trial

The following is a list of witnesses that the Plaintiff Class may call at trial, and it 

includes: (a) the names of witnesses; (b) their addresses; (c) whether they are fact or 

expert witnesses, or both; and (d) a brief description of the expected testimony of each 

witness, subject to the Court’s further rulings, including on the parties’ respective 

Motions In Limine:

NO. NAME AND ADDRESS BRIEF DESCRIPTION OF TESTIMONY

Heather Alfonso*

6728 Coastal Oaks Dr.

Conway, SC 29527-6413

(Fact Witness)

Heather Alfonso was a HCP that prescribed 

Subsys. She will testify to:

 Participation in, and receipt of funds 

from, the Speaker Program 

 Defendants’ knowledge of the alleged 

fraud

 Any other matters in her Boston Trial

testimony 

Gavin Awerbuch*

10 S. Lakeshore Dr.

Gavin Awerbuch was a HCP that prescribed 

Subsys. He will testify to:

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NO. NAME AND ADDRESS BRIEF DESCRIPTION OF TESTIMONY

Hypoluxo, FL 33462-6003

(Fact Witness)

 Participation in, and receipt of funds 

from, the Speaker Program

 Defendants’ knowledge of the alleged 

fraud, including personal meetings 

with Defendants

 Any other matters in his Boston Trial

testimony

Susan Beisler*

20 Hines Ave.

Mahwah, NJ 07430-1125

(Fact Witness)

Susan Beisler was a former Insys Sales 

Representative. She will testify to:

 The promotion, marketing, and/or sale 

of Subsys, including through the 

Speaker Program, and approval of 

Subsys prescriptions through the 

Insurance Reimbursement Center, 

during her tenure

 Defendants’ knowledge of the alleged 

fraud, including personal meetings, 

phone calls, and correspondence with 

Defendant Kapoor

 Any other matters in her Boston Trial

testimony

Jessica Bradley*

1908 Keswick Ct.

Pearland, TX 77581-6534

(Fact Witness)

Jessica Bradley was a former Insys Area 

Business Liaison (“ABL”) and Sales 

Representative. She will testify to:

 The promotion, marketing, and/or sale 

of Subsys, including through the 

Speaker Program, and approval of 

Subsys prescriptions through the 

Insurance Reimbursement Center, 

during her tenure with respect to at 

least Heather Alfonso, Christopher 

Clough, and Jerrold Rosenberg

 Any other matters in her Boston Trial

testimony

Holly Brown*

1255 S. Michigan Ave., Apt. 

2205

Chicago, IL 60605

Holly Brown was a former Insys Sales 

Representative. She will testify to:

 The promotion, marketing, and/or sale 

of Subsys, including through the 

Speaker Program, and approval of 

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NO. NAME AND ADDRESS BRIEF DESCRIPTION OF TESTIMONY

(Fact Witness) Subsys prescriptions through the 

Insurance Reimbursement Center, 

during her tenure with respect to at 

least Paul Madison

 Any other matters in her Boston Trial

testimony

David Bucher

2941 N. 72 St.

Mesa, AZ 85207

(Fact Witness)

David Bucher was a former Insys Sales 

Operations Analyst, Business Intelligence 

Manager: He will testify to: 

 The sources of Subsys prescriptions, 

sales, and revenue growth in FY2014

 Insys’ use of the “Factor”

 The percentage of Subsys 

prescriptions (and associated 

revenues) written by HCPs during 

FY2014

 The methods for tracking and 

reporting Subsys prescriptions and 

revenues attributable thereto

Kimberly Fordham**

3001 W. Sella Ln.

Phoenix AZ 85032-8041

(Fact Witness)

Kimberly Fordham was former Prior 

Authorization specialist at Insys. She will 

testify to:

 The prior approval process through 

the Insurance Reimbursement Center, 

including tactics to mislead insurers

during her tenure

 Any other matters in her Boston Trial

testimony

Oliver Gauthier*

3541 Topeka Springs Trl.

Bethlehem, GA 30620-4757

(Fact Witness)

Oliver Gauthier was a former District Sales 

Manager at Insys. He will testify to:

 The promotion, marketing, and/or sale 

of Subsys, including through the 

Speaker Program, and approval of 

Subsys prescriptions through the 

Insurance Reimbursement Center, 

during his tenure with respect to at 

least Dr. Mahmood Ahmad

 Defendants’ knowledge of the alleged 

fraud and participation in same

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NO. NAME AND ADDRESS BRIEF DESCRIPTION OF TESTIMONY

 Any other matters in his Boston Trial

testimony

Elizabeth Gurrieri5

17978 E. Paseo Del Canto

Gold Canyon, AZ 85118-7512

c/o Emily F. Hodge

CHOATE, HALL & 

 STEWART LLP

Two International Place

Boston, MA 02110 

(Fact Witness)

Elizabeth Gurrieri was the former head of 

Insys’ Insurance Reimbursement Center. She 

will testify to:

 The creation of the Insurance 

Reimbursement Center

 The prior approval process through 

the Insurance Reimbursement Center, 

including tactics to mislead insurers 

during her tenure

 Any other matters in her Boston Trial

testimony

Bridget Horan*

53 Elm St., Apt. 2

Somerville, MA 02143-2234

(Fact Witness)

Bridget Horan is an FBI Forensic 

Accountant. She will testify to:

 The process for creating summary 

exhibits of Subsys prescription and 

revenue data

 Any other matters in her Boston Trial

testimony

Beth McKey*

130 Glen Alden Cir.

Oxford, MS 38655-2778

(Fact Witness)

Beth McKey was a former Regional Sales 

Director at Insys. She will testify to:

 The promotion, marketing, and/or sale 

of Subsys, including through the 

Speaker Program, and approval of 

Subsys prescriptions through the 

Insurance Reimbursement during her 

tenure

 Defendants’ knowledge of the alleged 

fraud and participation in same, 

including participation in daily 

meetings with Defendants

 Any other matters in her Boston Trial

testimony

 

5 Ms. Gurrieri has pled guilty to criminal charges in connection with her 

employment at Insys. On June 10, 2020, Ms. Gurrieri was sentenced to three years of 

supervised release. Because it is unclear whether Ms. Gurrieri will be available to testify 

at any trial in this matter, the Plaintiff Class has provided deposition designations for her 

Boston Trial testimony. 

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NO. NAME AND ADDRESS BRIEF DESCRIPTION OF TESTIMONY

Matthew Napoletano*

11 Norman Pl.

Buffalo, NY 14226-4230 

c/o Arthur P. Fritzinger

COZEN O’CONNOR LLP

1650 Market St., Suite 2800 

Philadelphia, PA 19103 

(Fact Witness)

Matthew Napoletano was Insys’ former Vice 

President of Marketing. He will testify to:

 The promotion, marketing, and/or sale 

of Subsys, including through the 

Speaker Program, and approval of 

Subsys prescriptions through the 

Insurance Reimbursement Center

during his tenure

 Any other matters in his Boston Trial

testimony

Maury Rice**

2214 W. Los Arboles Pl.

Chandler, AZ 85224

(Fact Witness)

Maury Rice was Insys’ former head of 

Information Technology. He will testify to:

 The source and authenticity of Insys’ 

records

 The creation of business records at 

Insys during his tenure

 Any other matters in his Boston Trial

testimony

John Russell

150 Tuscany Dr.

Middletown, DE 19709

c/o KESSLER TOPAZ, 

MELTZER & CHECK, LLP

280 King of Prussia Road, 

Radnor, PA 19087

(Expert Witness)

The opinions set forth in the expert’s reports, 

including:

 Whether the purportedly “very 

unique” programs Insys implemented 

to raise awareness about Subsys 

among oncologists were unique as 

compared to the pharmaceutical 

industry, Insys’ TIRF competitors, or 

Insys’ pain division

 Any other matters set forth in his July 

26, 2019 and November 1, 2019 

merits reports

Kevin Sharpsten*

13936 Black Rock Circle

Moorpark, CA 93021

(Fact Witness)

Kevin Sharpsten was Insys’ former Senior 

Analyst Sales Operations, Business 

Intelligence. Mr. Sharpsten will testify to:

 The sources of Subsys prescriptions, 

sales, and revenue growth in FY2014

 The percentage of Subsys 

prescriptions (and associated 

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NO. NAME AND ADDRESS BRIEF DESCRIPTION OF TESTIMONY

revenues) written by HCPs during 

FY2014

 The methods for tracking and 

reporting Subsys prescriptions, sales, 

and revenues attributable thereto

 Any other matters set forth in his

deposition testimony

Brett Szymanski*

2321 Meadow Ct.

Leonard, MI 48367

(Fact Witness)

Brett Szymanski was a former Insys Sales 

Representative. He will testify to:

 The promotion, marketing, and/or sale 

of Subsys, including through the 

Speaker Program, and approval of 

Subsys prescriptions through the 

Insurance Reimbursement Center, 

during his tenure with respect to at 

least Dr. Gavin Awerbuch

 Any other matters in his Boston Trial

testimony

Custodian of Records of Insys 

Therapeutics, Inc.

c/o WEIL, GOTSHAL & 

MANGES LLP 

767 Fifth Avenue

New York, NY 10153 

(Fact Witness)

The Custodian of Records of Insys 

Therapeutics, Inc. will testify to:

 The source and authenticity of Insys’ 

records

Custodian of Records of 

E.J. Financial Enterprises, Inc.

c/o Charles W. Rankin

RANKIN & SULTAN

151 Merrimac Street, 2nd 

Floor

Boston, MA 02114 

(Fact Witness)

The Custodian of Records of E.J. Financial 

Enterprises, Inc. will testify to:

 The source and authenticity of E.J. 

Financial Enterprises, Inc.’s records

C. The Plaintiff Class’s Witnesses Who Are Unlikely to Be Called at Trial

The following is a list of witnesses that the Plaintiff Class may, but is unlikely to,

call at trial, and it includes: (a) the names of witnesses; (b) their addresses; (c) whether

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they are fact or expert witnesses, or both; and (d) a brief description of the expected 

testimony of each witness, subject to the Court’s further rulings, including on the parties’ 

respective Motions In Limine:

NO. NAME AND ADDRESS BRIEF DESCRIPTION OF TESTIMONY

Darryl S. Baker*

14805 S 7TH WAY, Phoenix, 

AZ, 85048

c/o George J. Coleman

SALMON, LEWIS & 

WELDON, P.L.C.

2850 E. Camelback Road, 

Suite 200 

Phoenix, AZ 85016

(Fact Witness)

Defendant Darryl S. Baker was the former 

CFO of Insys. He will testify to:

 Matters set forth in his deposition 

testimony

Adam Brumm

1241 W. Calle Del Norte

Chandler, AZ 85224

c/o Bryan Ketroser

ALTO LITIGATION, PC

4 Embarcadero Center, Suite 

1400

San Francisco, CA 94111

(Fact Witness)

Adam Brumm was Insys’ former Director of 

IT. He will testify to:

 Matters set forth in his deposition 

testimony

Danielle Davis

Heron Therapeutics, Inc.

4242 Campus Point Court

Suite 200

San Diego, CA 92121

(Fact Witness)

Danielle Davis was Insys’ former Director of 

Compliance. The subject of Ms. Davis’s 

testimony (as identified by Defendants) is the 

subject of one of the Plaintiff Class’s in 

limine motions. 

Franc Del Fosse

2907 E. Arrowhead Tr.

Gilbert, AZ 85297-5270

c/o WEIL, GOTSHAL & 

MANGES LLP 

Franc Del Fosse was Insys’ former General 

Counsel. The subject matter of Mr. Del 

Fosse’s testimony (as identified by 

Defendants) is the subject of one of the 

Plaintiff Class’s in limine motions. 

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NO. NAME AND ADDRESS BRIEF DESCRIPTION OF TESTIMONY

767 Fifth Avenue

New York, NY 10153 

(Fact Witness)

Mark Hein 

3412 E. Canyon Way

Chandler, AZ 85249-5937

(Fact Witness)

Mark Hein was Insys’ former Senior Director 

of Marketing. He will testify to:

 The promotion, marketing, and/or sale 

of Subsys

Desiree Hollandsworth

18548 E. Ranch Rd.

Queen Creek, AZ 85142-5399

(Fact Witness)

Desiree Hollandsworth was Insys’ former 

Associate Director, Medical Marketing 

Communications. She will testify to:

 The promotion, marketing, and/or sale 

of Subsys, including through the 

Speaker Program

Eric Kizior

3032 E. Thunderhill Pl.

Phoenix, AZ 85048-8774

c/o Bryan Ketroser

ALTO LITIGATION, PC

4 Embarcadero Center, Suite 

1400

San Francisco, CA 94111

(Fact Witness)

Eric Kizior is Insys’ former Vice President, 

Commercial Sales, Marketing and 

Operations. He will testify to:

 Matters set forth in his deposition 

testimony

Clark Miller 

(Fact Witness)

Clark Miller is the Court-appointed Class 

Representative in this action. Plaintiff Class 

asserts that Mr. Miller’s testimony is not 

necessary (and would be confusing, 

misleading, and prejudicial) to adjudicate the 

class-wide claims at trial. If required to 

testify, he will testify to:

 His transactions in Insys Common 

Stock during the Class Period

 Any other matters set forth in his 

deposition testimony

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