PLAINTIFFS’ RESPONSES TO DEFENDANT’S STATEMENT OF UNDISPUTED FACTS AND PLAINTIFFS’ FURTHER STATEMENT OF MATERIAL FACTS - Relationship Between Wellbridge and Monsanto

Sep 2, 2026

Plaintiffs respond to specific numbered assertions in a federal court pleading, addressing the relationship between Wellbridge and Monsanto and other membership-related facts tied to Herbert Fruh at the Atlantic Center. The document includes admissions and denials, with evidentiary citations to deposition excerpts, exhibits, and medical history forms. Key disputes concern asset transfers and the accuracy and relevance of agreement provisions, along with how ParQ++ disclosures and physician clearance relate to health risk and participation eligibility.

LanguageEnglish

CategoryLetters

FormatDOCX

Pages7

Reading Time3 min

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Relationship Between Wellbridge and Monsanto

Plaintiffs’ admissions and denials

PLAINTIFF HERBERT FRUH'S MEMBERSHIP AT THE ATLANTIC CENTER

Reasons for joining and medical disclosure forms

Membership agreement provisions

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PLAINTIFFS’ RESPONSES TO DEFENDANT’S STATEMENT OF UNDISPUTED FACTS AND PLAINTIFFS’ FURTHER STATEMENT OF MATERIAL FACTS RELATIONSHIP BETWEEN WELLBRIDGE AND MONSANTO In 1989, Defendant Monsanto founded a company called the Wellbridge Company (the "Former Wellbridge Company"). (Complaint ¶ 9; Answer ¶ 9.) Response: Plaintiffs admit this statement. In 1989, Club Sports International ("Club Sports") managed athletic clubs for several different developers mostly in the western half of the United States. (Ex. B, Curtis dep. at 5:22 - 6:4.) Response: Plaintiffs admit this statement. In or around March 1999, Monsanto sold certain assets and trademarks of the Former Wellbridge Company, including the Atlantic Center, to Club Sports. (Ex. B, Curtis dep. at 26:2- 5; Answer ¶ 16.) Response: Plaintiffs deny this statement. The closing documents produced by the Defendants show that the Asset Purchase Agreement was dated and signed as of December 31, 1998. (Excerpts from Asset Purchase Agreement, Pltf. Ex. J). In 2001, Club Sports changed its name to Wellbridge Club Management, Inc. ("Wellbridge"). (Ex. U, Mass. Secretary of State filing.) For convenience, all current and former Club Sports and Wellbridge entities will be referred to as "Wellbridge." Response: Plaintiffs admit this statement regarding the name change, but suggest that the use of the term “Wellbridge” for all entities, pre- and post-purchase, will be confusing. PLAINTIFF HERBERT FRUH'S MEMBERSHIP AT THE ATLANTIC CENTER The reasons that Mr. Fruh chose to join the Atlantic Center were because he wanted to exercise and the Atlantic Center was close to where he worked. (Ex. S, H. Fruh Int. Resp. No. 29.) Response: Plaintiffs admit that these reasons are to the best of Virginia Fruh’s recollection, and that Herb Fruh does not now recall the circumstances of his joining the Atlantic Center due to his severe anoxic brain injury, which includes memory loss. See, Response to Statement No. 9. According to the Medical History and Health Evaluation filled out by Mr. Fruh on October 27, 1995, his four most important reasons for joining the Wellbridge Center were to (1) improve sense of well-being, (2) become more physically fit, (3) improve cholesterol, and (4) lose weight. See, Pltf. Exhibit E at p. 5, Bate no. 10. The Agreement includes the following provisions: 6. Member Responsibilities. 6.1 Member acknowledges that: The physical fitness programs offered by the Center and any health risk appraisal provided by the Center are not a substitute for regular medical checkups and proper diet or other activities related to good health maintenance; and Participation in physical fitness activities, including those available at the Center, may be physically stressful and may result in illness or physical injury. Member acknowledges that his or her physical capability to engage in the specific activities offered by the Center must be reviewed and approved by Member's personal physician... MEMBER FURTHER AGREES TO: Consult a physician if any new or existing medical or physical injury or other problem or condition arises which may affect or limit Member's ability to participate in the physical fitness activities offered by the Center, or in the event of any new illness, injury, discomfort or other health problem. (Ex. V, Membership Ag. § 6.) Response: Plaintiffs object to this statement on the grounds that the member responsibilities are not relevant to the grounds for Summary Judgment raised by the Defendants. Defendants have not pressed a waiver or assumption of the risk defense. Without waiving this objection, Plaintiffs admit that this is an accurate excerpt of the Agreement, but may be misleading in the context of all representations made by the Defendants and/or all documents signed by Mr. Fruh in connection with joining Wellbridge. Mr. Fruh submitted a form titled "Wellbridge ParQ++" to Wellbridge dated October 25, 1995. (Ex. W, Wellbri

FAQs

How do plaintiffs respond to the asserted founding of Wellbridge by Monsanto in 1989?

Plaintiffs admit the statement regarding Monsanto’s founding of the Wellbridge Company in 1989.

What is the dispute concerning the March 1999 sale of assets and trademarks to Club Sports?

Plaintiffs deny the statement, citing closing documents showing the Asset Purchase Agreement was dated and signed as of December 31, 1998.

What do plaintiffs say about Herbert Fruh’s reasons and medical disclosures for joining the Atlantic Center?

Plaintiffs explain that Fruh’s reasons for joining are based on recollection and medical history, and they discuss his Wellbridge ParQ++ responses, including disclosed cholesterol and other coronary risk factors, as well as physician clearance in the referral form.

Sep 2, 2026

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