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Case 3:18-cv-00347-CAB-MDD Document 383-1 Filed 02/23/22 PageID.34643 Page 1 of 3
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`NIMALKA R. WICKRAMASEKERA (SBN: 268518)
`nwickramasekera@winston.com
`LEV TSUKERMAN (SBN: 319184)
`ltsukerman@winston.com
`WILLIAM M. WARDLAW (SBN: 328555)
`wwardlaw@winston.com
`WINSTON & STRAWN LLP
`333 S. Grand Avenue
`Los Angeles, CA 90071-1543
`Telephone: (213) 615-1700
`Facsimile:
`(213) 615-1750
`
`GEORGE C. LOMBARDI (pro hac vice)
`glombardi@winston.com
`BRIAN J. NISBET (pro hac vice)
`bnisbet@winston.com
`SARANYA RAGHAVAN (pro hac vice)
`sraghavan@winston.com
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601-9703
`Telephone: (312) 558-5600
`Facsimile: (312) 558-5700
`
`Attorneys for Defendants
`ALPHATEC HOLDINGS, INC. AND ALPHATEC SPINE,
`INC.
`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF CALIFORNIA
`
`SAN DIEGO DIVISION
`
`NUVASIVE, INC., a Delaware
`corporation,
`
`Plaintiff,
`
`v.
`
`ALPHATEC HOLDINGS, INC., a
`Delaware corporation and ALPHATEC
`SPINE, INC., a California corporation,
`
`Defendants.
`
`Case No. 3:18-CV-00347-CAB-MDD
`
`[Assigned to Courtroom 4C – Honorable
`Cathy Ann Bencivengo]
`
`DECLARATION OF BRIAN J.
`NISBET IN SUPPORT OF
`DEFENDANTS’ OPPOSITION TO
`GREGORY LUCIER’S MOTION TO
`QUASH OR MODIFY TRIAL
`SUBPOENA
`
`DECLARATION OF BRIAN J. NISBET ISO DEFENDANTS’
`OPPOSITION TO MOTION TO QUASH
`
`
` CASE NO. 3:18-CV-00347-CAB-MDD
`
`

`

`Case 3:18-cv-00347-CAB-MDD Document 383-1 Filed 02/23/22 PageID.34644 Page 2 of 3
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`I, Brian J. Nisbet, declare as follows:
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`1.
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`I am a partner with the law firm of Winston & Strawn LLP, counsel of
`
`record for defendants Alphatec Holdings, Inc. and Alphatec Spine, Inc. (individually
`
`and collectively, “Alphatec”). I have personal knowledge of the following facts and, if
`
`called as a witness, I could and would testify competently thereto.
`
`2.
`
`Exhibit 1 is a true and correct copy of NuVasive’s Supplemental
`
`Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) dated January 17, 2020.
`
`3.
`
`Exhibit 2 is a true and correct excerpt of the transcript of Gregory Lucier’s
`
`January 17, 2020 deposition.
`
`
`I declare under penalty of perjury under the laws of the State of California and
`
`the United States of America that the foregoing is true and correct. Executed this 23rd
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`day of February 2022, at San Diego, California.
`
`
`
`
`
`
`/s/ Brian J. Nisbet
`BRIAN J. NISBET
`
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`
`-1-
`DECLARATION OF BRIAN J. NISBET ISO DEFENDANTS’ CASE NO. 3:18-CV-00347-CAB-MDD
`OPPOSITION TO MOTION TO QUASH
`
`
`
`
`

`

`Case 3:18-cv-00347-CAB-MDD Document 383-1 Filed 02/23/22 PageID.34645 Page 3 of 3
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`TABLE OF EXHIBITS
`
`
`Exhibit
`
`1
`
`2
`
`Page Nos.
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`1-16
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`17-28
`
`
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`-2-
`DECLARATION OF BRIAN J. NISBET ISO DEFENDANTS’ CASE NO. 3:18-CV-00347-CAB-MDD
`OPPOSITION TO MOTION TO QUASH
`
`
`
`
`

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