Andrew Foley, Et Al v. State of New Hampshire, Et Al

EXHIBIT A

STATE OF NEW HAMPSHIRE

SUPERIOR COURT

Rockingham, ss.

DAVID MEEHAN

v.

STATE OF NEW HAMPSHIRE,

DIVISION OF HEALTH AND HUMAN SERVICES

217-2020-CV-00026 (This Order Applies Only To Cases Without Contractor Defendants That Are Assigned To Judge Schulman) Amendment To Case Structing Order Of August 15, 2024 As discussed at the November 15, 2024 status conference:

1. The State Defendants shall file Rule 9 answers or motions to dismiss within 60 days of receipt of the plaintiff’s enhanced rule 22 disclosures.

2. The State Defendants shall also file, within the same 60 days, notices of affirmative defenses.

3. Individual cases that have not yet been scheduled for trial shall be stayed when (a) a plaintiff submits a claim to the YDC Claims Administration And Settlement Fund established by RSA 21-M:11-a, and (b) the parties file a notice that they have agreed to a stay. To streamline the process, the parties may continue to file forms generated by the Settlement Fund which are captioned “Notice of Automatic Stay,” so long as it is understood that (a) the statute does not create an automatic stay that is binding on the court and (b) the court retains the 12/9/2024 10:37 AM Rockingham Superior Court This is a Service Document For Case: 217-2020-CV-00026 ability, and indeed has substantial inherent judicial authority, to control its docket. The court does not cede that authority, but rather exercises it by staying cases that have not yet been scheduled for trial on notice, rather than by motion, pending the plaintiff’s participation in the statutory settlement process).

4. Cases that have been scheduled for trial may be stayed, as justice may require, on motion.

5. A plaintiff whose case is stayed will lose his or her current priority on the docket. This is particularly important for plaintiffs whose cases have been scheduled for trial because they will lose both the scheduled trial date and priority for a rescheduled trial.

6. When a case has been stayed, the plaintiff shall file status reports every six months, measured from the date of the stay.

December 9, 2024 ________________ Andrew R. Schulman, Presiding Justice

EXHIBIT B

4935-4763-4794.1

STATE OF NEW HAMPSHIRE

ROCKINGHAM, SS. SUPERIOR COURT

Case No. 217–2020–CV–00026

DAVID MEEHAN

v.

STATE OF NEW HAMPSHIRE, et al. (IN RE YDC and YDSU CONSOLIDATED LITIGATION) ** this filing pertains to more than five cases ** ** this filing DOES NOT pertain to Contractor Defendants **

STIPULATION REGARDING ORDER OF CASES FOR TRIAL

Pursuant to the Court’s Order of September 4, 2025, Plaintiffs 1 and State Defendants, by and through undersigned counsel, hereby stipulate that the following six cases may be set for jury trial in the second half of 2026. As ordered by the Court, each trial period identifies one case that may be noticed for trial and two “backups” that may be substituted for the noticed case if the noticed case is timely removed from the trial list.

Trial Period 1 (date as yet unspecified): Noticed case: Meehan v. State of New Hampshire et al., No. 217-2020-cv-00026 Back up 1: John Doe #1 v. State of New Hampshire, et al., No. 217-2021-CV-00483 Back up 2: John Doe #2 v. State of New Hampshire, et al., No. 217-2021-CV-00517 Trial Period 2 (date as yet unspecified): Noticed case: John Doe #6 v. State of New Hampshire, et al., No. 217-2021-CV-00521 Back up 1: Jane Doe #4 v. State of New Hampshire, et al., No. 217-2021-CV-00576 Back up 2: John Doe #309 v. State of New Hampshire, et al., No. 217-2022-CV-00267 1 “Plaintiffs” refers to the plaintiffs represented by undersigned counsel at Nixon Peabody and Rilee & Associates in these consolidated proceedings. 9/19/2025 8:16 AM Rockingham Superior Court This is a Service Document For Case: 217-2020-CV-00026 4935-4763-4794.1 The parties have agreed to further meet and confer concerning case structuring deadlines for each of the foregoing cases and hope to submit a joint proposal to the Court once the trial dates have been noticed. Depending on the timing and nature of the Supreme Court’s resolution of the issues set forth in the appeal of the Meehan case, the parties each reserve their right to seek continuances of the noticed trial dates and related deadlines.

Respectfully submitted,

Dated: September 17, 2025 By and through counsel,

STATE DEFENDANTS

JOHN M. FORMELLA

ATTORNEY GENERAL

/s/ James H. Holl James H. Holl (Bar No. 279633) Attorney Civil Bureau Department of Justice 1 Granite Place South Concord, NH 03301

(603) 271-3658 James.h.holl@doj.nh.gov

PLAINTIFFS

NIXON PEABODY LLP

/s/ Mark Tyler Knights David A. Vicinanzo, Esq. (Bar No. 9403)

W. Daniel Deane, Esq. (Bar No. 18700) Mark Tyler Knights, Esq. (Bar No. 264904) Nathan Warecki, Esq. (Bar No. 20503) Briana Matuszko, Esq. (Bar No. 269560) Jonathan O’Neil, Esq. (Bar No. 276336) 900 Elm Street, 14th Floor Manchester, NH 03101

T: 603-628-4000

dvicinanzo@nixonpeabody.com ddeane@nixonpeabody.com mknights@nixonpeabody.com nwarecki@nixonnpeabody.com bmatuszko@nixonpeabody.com joneil@nixonpeabody.com

/s/ Cyrus F. Rilee, III Cyrus F. Rilee, III, Esq. (Bar No. 15881) Laurie B. Rilee, Esq. (Bar No. 15373) 264 South River Road Bedford, NH 03110

T: 603.232.8234

crilee@rileelaw.com lrilee@rileelaw.com 4935-4763-4794.1

CERTIFICATE OF SERVICE

I certify that on September 17, 2025, I am sending a copy of this document as required by the rules of the court. I am electronically sending this document through the court’s e-filing system to all attorneys and to all other parties who have entered electronic service contacts (email addresses) in this case.

/s/ Mark Tyler Knights Mark Tyler Knights, Esq.