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Case Status:    SETTLED
On or around 12/06/2018 (Date of order of final judgment)

Filing Date: August 28, 2013

According to the law firm press release, NuVasive, Inc. designs, develops, and markets products for the surgical treatment of spine disorders. The Company's products include Maximum Access Surgery ("MAS") and Fusion products.

The Complaint alleges that throughout the Class Period, Defendants made false and/or misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (1) the Company improperly submitted false claims to Medicare and Medicaid in violation of federal and state laws and regulations; (2) the Company's internal compliance program was unable to detect and report False Claims Act and other violations; and (3) as a result of the foregoing, the Company's statements were materially false and misleading at all relevant times.

On July 30, 2013, the Company disclosed in its Form 10-Q for its second quarter 2013 that it had "received a federal administrative subpoena from the Office of the Inspector General of the U.S. Department of Health and Human Services (OIG) in connection with an investigation into possible false or otherwise improper claims submitted to Medicare and Medicaid. The subpoena seeks discovery of documents for the period January 2007 through April 2013. On this news, shares of NuVasive declined $3.28 per share, more than 12%, to close at $22.84 per share on July 31, 2013.

On December 27, 2013, the Court issued an Order appointing lead Plaintiff and approving lead Counsel. Lead Plaintiff filed an amended Complaint on February 13, 2014.

On August 19, 2014, the Court issued an Order granting Defendants' motion to dismiss. Plaintiffs were given leave to file an amended Complaint. A second amended Complaint was filed on September 8.

On December 9, 2014, the Court issued an Order granting Defendants' motion to dismiss. Plaintiffs were given leave to amend. Plaintiffs filed a third amended Complaint on December 23.

A fourth amended Complaint was filed on February 23, 2015.

A fifth amended Complaint was filed on September 11, 2015.

A sixth amended Complaint was filed on October 26, 2016.

On September 8, 2017, Defendants filed a Motion for Summary Judgment. On February 1, 2018, the Court issued an Order denying the Motion.

On March 6, 2018, the Parties filed a Notice of Settlement to inform the Court of a Memorandum of Understanding to settle the case. The Parties entered into a Stipulation of Settlement on March 23. On June 11, the Court issued an Order granting conditional preliminary approval of the Settlement.

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