In Re: Agilon Health, Inc. Securities Litigation

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
In re Agilon Health, Inc.
Securities Litigation
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Case No. 1:24-cv-00297-DAE
ORDER
Before the Court are Agilon Health Inc.’s Motion for Protective Order, filed November 7, 2025
(Dkt. 75), and the Joint Motion for Entry of a Scheduling Order, filed November 17, 2025
(Dkt. 77).1
On December 10, 2025, the Court held a hearing on the motions at which the parties appeared
through counsel.
I. Motion for Protective Order
Plaintiffs in this putative securities class action have issued third-party subpoenas to Defendant
agilon health, inc.’s [sic] independent auditor Ernst & Young LLP and actuarial consultant
Milliman, Inc. Defendant asks the Court to order Plaintiffs to first seek the subpoenaed information
through party discovery. Defendant contends that the subpoenas seek proprietary financial and
trade secret data “that is in the possession, custody, or control of agilon, or that agilon otherwise
has privacy rights or interests therein, and that agilon ultimately must review prior to production.”
Dkt. 75 at 6. Plaintiffs argue that Defendant is attempting to halt all third-party discovery.
At the hearing, counsel represented that they are close to finalizing a stipulated confidentiality
and protective order that will apply to third-party discovery. As stated from the bench during the
1 By Text Orders issued November 10 and 18, 2025, the Honorable David A. Ezra referred the motions to
this Magistrate Judge for resolution, pursuant to 28 U.S.C. § 636(b)(1)(A), Federal Rule of Civil Procedure
72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western
District of Texas.
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hearing, the Court concludes from the parties’ arguments that they may be able to resolve some of
the issues raised in Defendant’s motion, and that their agreed confidentiality order may render
other issues moot. Counsel agreed to finalize the confidentiality order within ten days, i.e., by
December 22, 2025.
Accordingly, Agilon Health Inc.’s Motion for Protective Order (Dkt. 75) is HELD IN
ABEYANCE. The Court ORDERS Plaintiffs and Defendant to file a joint status report of no
longer than seven pages by January 6, 2026 identifying any remaining issues raised by
Defendant’s motion that require resolution by the Court.2
II. Motion for Entry of a Scheduling Order
The parties also ask the Court to enter a scheduling order. They submitted a joint proposed
order agreeing on many dates but diverging on two issues.
First, Defendants propose to close fact discovery on June 30, 2026, about eleven weeks after
the parties’ agreed April 21, 2026 deadline for substantial completion of document discovery.
Plaintiffs request a September 21, 2026 deadline, five months after document discovery is
complete. Plaintiffs propose the longer period expecting that the number of fact depositions will
exceed ten per side. As stated from the bench during the hearing, the Court finds that four months
after substantial completion of document discovery will be sufficient to complete all fact
discovery, whether ten fact witnesses or more are deposed per side.
Second, the parties disagree on proposals for expert reports and a sur-reply in connection with
class certification. The Court holds that Defendants may submit a sur-reply brief as proposed but
finds it premature to include the limitations on expert evidence proposed by Defendants.
2 The Court ordered the parties during the hearing to submit the joint status report within ten days of filing
their agreed confidentiality order for the District Court’s approval but allows extra time due to the New
Year holiday.
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The Court GRANTS the Joint Motion for Entry of a Scheduling Order (Dkt. 77) and
ORDERS the parties to submit a joint proposed scheduling order by December 22, 2025
following Judge Ezra’s Proposed Scheduling Order and:
• adding other agreed deadlines as needed;
• setting August 21, 2026 as the close of fact discovery and deadline for motions to
amend or supplement pleadings or to join additional parties, and modifying subsequent
deadlines for expert discovery and dispositive motions accordingly; and
• setting a July 24, 2026 deadline for Defendants’ sur-reply in opposition to plaintiffs’
motion for class certification and omitting Defendants’ proposed parenthetical
language on class certification briefing.
Plaintiffs’ motion for class certification and Defendants’ response in opposition shall be
limited to twenty (20) pages in length, while Plaintiffs’ reply and Defendants’ sur-reply shall be
limited to ten (10) pages in length.
IT IS SO ORDERED.
SIGNED on December 11, 2025.
SUSAN HIGHTOWER
UNITED STATES MAGISTRATE JUDGE
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