Case 3:18-cv-00347-CAB-MDD Document 373-2 Filed 02/09/22 PageID.34542 Page 1 of 7
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`HILGERS GRABEN PLLC
`MICHAEL MERRIMAN (SBN 234663)
`mmerriman@hilgersgraben.com
`655 West Broadway, Suite 900
`San Diego, CA 92101
`Telephone: 619-369-6232
`Facsimile: 402-413-1880
`
`TRENT TANNER (pro hac vice)
`ttanner@hilgersgraben.com
`575 Fallbrook Blvd. Suite 202
`Lincoln, NE 68521
`Telephone: 402-260-1391
`Facsimile: 402-413-1880
`
`JENNIFER ERICKSON BAAK (pro hac vice
`pending)
`jericksonbaak@hilgersgraben.com
`600 17th Street, Suite 2800
`Denver, CO 80202
`Telephone: 773-407-5502
`Facsimile: 402-413-1880
`
`Attorneys for Movant Gregory Lucier
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`DECLARATION OF GREG LUCIER
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`18-cv-00347-MDD-CAB
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`Case 3:18-cv-00347-CAB-MDD Document 373-2 Filed 02/09/22 PageID.34543 Page 2 of 7
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`SAN DIEGO DIVISION
`NUVASIVE, INC., a Delaware
`
`Case No.
`corporation,
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`
`
`
`Plaintiff,
`DECLARATION OF MOVANT
`
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`GREGORY LUCIER IN
`
`v.
`SUPPORT OF MOTION TO
`
`
`QUASH TRIAL SUBPOENA
`
`
`ALPHATEC HOLDINGS, INC., a
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`Delaware corporation, and ALPHATEC
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`SPINE, INC., a California corporation,
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`Defendants.
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`DECLARATION OF GREG
`LUCIER
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`2
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`18-cv-00347-MDD-CAB
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`Case 3:18-cv-00347-CAB-MDD Document 373-2 Filed 02/09/22 PageID.34544 Page 3 of 7
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`I, Gregory T. Lucier, declare as follows:
`I have personal knowledge of the facts set forth in this declaration and,
`1.
`if called to testify, could and would competently testify to these facts.
`In 2014, I became a member of the Board of Directors for NuVasive,
`2.
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`Inc.
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`In 2015, I became NuVasive’s Chairman and CEO.
`3.
`I resigned as CEO of NuVasive in November 2018.
`4.
`I resigned from NuVasive’s Board of Directors in May 2021. Since that
`5.
`time, I have had no affiliation with NuVasive.
`During my time at NuVasive, I was not directly involved with
`6.
`NuVasive’s efforts concerning its physician relationships.
`I am not a design engineer by training or education. I was not at
`7.
`NuVasive during the period in which XLIF technology was being designed and
`developed, which I understand took place in the early-to-mid 2000s, nor did I have
`any role in seeking or obtaining any of the patents covering NuVasive’s XLIF
`technology or surgical methods.
`In January 2020, I was deposed by Alphatec in this case. A true and
`8.
`correct copy of certain excerpts of my deposition transcript are enclosed herein as
`Exhibit 1.
`I moved to Aspen, Colorado in early 2020. I have worked and resided
`9.
`in Aspen since that time.
`I own the home where I live in Aspen.
`10.
`11.
`I currently hold a valid Colorado driver’s license.
`12.
`I do not currently hold a California driver’s license.
`13. My motor vehicles are registered in Colorado.
`I do not own any vehicles registered in California.
`14.
`15.
`I am currently registered to vote in Colorado.
`16.
`I am not currently registered to vote in California.
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`DECLARATION OF GREG LUCIER
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`18-cv-00347-MDD-CAB
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`

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`Case 3:18-cv-00347-CAB-MDD Document 373-2 Filed 02/09/22 PageID.34545 Page 4 of 7
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`I am presently employed as the CEO of Corza Health, Inc. I am also the
`17.
`Chairman of the Board of Directors for Corza Health. I have held these positions
`since approximately April 2019.
`18. Corza Health partners with private equity to acquire, build, and scale
`health and life sciences companies.
`19. Corza Health is a Delaware corporation, with offices in Del Mar,
`California.
`20. Only two Corza Health employees work out of its Del Mar office.
`I do not have my own dedicated office or work space in Corza Health’s
`21.
`Del Mar office. Rather, I use a visitor’s office that others can use when they visit
`from out of town.
`22. Corza Health also maintains an office in Aspen, Colorado, which is my
`regular place of business.
`23. When conducting business for Corza Health, I do so principally from
`Corza Health’s Aspen office, or at business meetings and events that occur outside
`of California.
`I do not pay any income taxes to the state of California for income I
`24.
`receive from Corza Health.
`I am also the Executive Chairman of Corza Medical, a separate entity
`25.
`whose global headquarters are in Massachusetts, and which has several offices
`around the world. Corza Medical does not have any offices in California.
`26. Before moving to Colorado, I resided and owned a home in Encinitas,
`California (the “Encinitas Property”).
`27. When I moved to Colorado, I transferred ownership of the Encinitas
`Property to an irrevocable trust for the benefit of my children (the “Trust”). I
`maintain no control over the Trust or the Encinitas Property and have no ability to
`dispose of the Encinitas Property. I understand that the Trust is presently renting the
`property out as a vacation home. Every time I have stayed in the Encinitas Property
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`DECLARATION OF GREG LUCIER
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`18-cv-00347-MDD-CAB
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`Case 3:18-cv-00347-CAB-MDD Document 373-2 Filed 02/09/22 PageID.34546 Page 5 of 7
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`since moving to Colorado, I have paid rent to the Trust to do so.
`I do not currently own any property in California.
`28.
`29. Since moving to Colorado, I have returned to the San Diego area (i.e.,
`within 100 miles of the federal courthouse in San Diego) a number of times,
`including approximately 17 times in 2020 and approximately 20 times in 2021. I
`have traveled to the San Diego area once thus far in 2022 and currently have plans
`for one more trip in February 2022 (to attend a wedding). However, the predominant
`purpose of these trips was for leisure and not to conduct or transact business in
`person.
`30. Corza Health reimbursed my airfare expenses for approximately three
`trips in 2020 and six trips in 2021. Corza Health did not reimburse my lodging
`expenses for any of these trips.
`31. During my trips to the San Diego area, I have a practice of visiting the
`Corza Health offices in Del Mar, typically once or twice per trip. My visits to Corza
`Health’s Del Mar office are incidental to my leisure travel and not the purpose or
`motivation for the travel. When I visit Corza Health’s office in Del Mar, I typically
`spend just a few hours at the office, mainly to greet and interact with my co-workers
`and respond to emails. I rarely conduct or participate in business meetings or
`otherwise engage in any meaningful business activities while visiting Corza
`Health’s Del Mar office.
`In my role as CEO of Corza Health, I regularly travel to other states,
`32.
`especially in the Northeast (such as Pennsylvania), for the purpose of conducting
`business on behalf of the company, including to visit company customers and to
`explore potential investment opportunities for the company.
`33. Corza Health has never acquired or invested in any companies located
`in or near San Diego, nor has Corza Health ever seriously considered or explored
`the possibility of doing so. Corza Health has also never acquired or invested in any
`companies based anywhere in California.
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`DECLARATION OF GREG LUCIER
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`18-cv-00347-MDD-CAB
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`

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`Case 3:18-cv-00347-CAB-MDD Document 373-2 Filed 02/09/22 PageID.34547 Page 6 of 7
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`I serve on the boards of directors for a number of companies, including
`34.
`Denstply Sirona, Inc. (a Delaware corporation based in North Carolina), Catalent,
`Inc. (a Delaware corporation based in New Jersey), Berkeley Lights, Inc. (a
`Delaware corporation based in Emeryville, California), Maravai LifeSciences
`Holdings, Inc. (a Delaware company based in Del Mar, California), and Epic
`Sciences, Inc. (based in San Diego, California).
`I joined Maravai’s board of directors in late 2020. In 2021, I attended
`35.
`two Maravai board meetings in person in San Diego. Besides attending board
`meetings, I am not actively involved in the day-to-day activities of Maravai, nor do I
`perform any other service for Maravai, in San Diego or otherwise.
`In my role as chairman of the board of directors of Epic Sciences, I do
`36.
`not regularly travel to or transact business in person in or near San Diego. In 2021, I
`attended two Epic Sciences board meetings in person in San Diego. Besides
`attending board meetings, I am not actively involved in the day-to-day activities of
`Epic Sciences, nor do I perform any other service for Epic Sciences, in San Diego or
`otherwise.
`37. On December 26, 2021, while on vacation in San Diego with my
`family over the Christmas holiday, a man delivered a subpoena to me at the
`Encinitas Property, which I was renting from the Trust during our two-week stay.
`This subpoena commanded me to appear to testify at the NuVasive v. Alphatec trial
`on January 18, 2022, which I understand has since been rescheduled. Along with the
`subpoena, I was given a check for $51.00. I have not cashed the check.
`38. On or about January 4, 2022, a man delivered three subpoenas to my
`home in Aspen, Colorado, commanding me to appear to testify on each of February
`28, 2022, April 4, 2022, and May 9, 2022. True and correct copies of these
`subpoenas are enclosed herein as Exhibit 2. At that time, I did not receive any check
`or other payment from the process server or Alphatec in connection with these
`subpoenas.
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`DECLARATION OF GREG LUCIER
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`18-cv-00347-MDD-CAB
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`Case 3:18-cv-00347-CAB-MDD Document 373-2 Filed 02/09/22 PageID.34548 Page 7 of 7
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`I was not present at the meeting that took place between Alphatec and
`39.
`NuVasive in early 2016 regarding the potential acquisition of Alphatec. I do not
`have any knowledge regarding which Alphatec products, if any, may have been
`shown or described at that meeting. I believe that NuVasive’s former executive and
`board member, Pat Miles, was present at that meeting.
`40.
`Should the Court require my personal attendance at trial, I would be
`unavailable to testify between March 1 and March 4, 2022, because I have to attend
`an investor meeting for Corza Health in Colorado, and between March 10 and
`March 11, 2022, because I have a previously scheduled medical procedure that
`cannot be moved from March 11, 2022.
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`I declare under penalty of perjury that the foregoing is true and correct.
`
`9th
`Executed this ___ day of February 2022 in Aspen, Colorado.
`
`___________________________________
`Greg Lucier
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`DECLARATION OF GREG LUCIER
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`18-cv-00347-MDD-CAB
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