S
I MILBERG WEISS BERSHAD
HYNES & LERACH LL P
2 WILLIAM S . LERACH ( 68581)
BLAKE M . HARPER (115756 )
3
LAURA M . ANDRACCHIO ( 187773 )
1 600 West Broadway , Suite 1800
4 San Diego , CA 92101
619/231-105 8
II Telephone :
5 619 / 231-7423 . (fax )
FILE D
CLERK . us DiSTR1CTCOURT
- and - - OCT 91999
6
KAREN T . ROGERS (185465 )
355 South Grand Avenue
7
Suite 417 0
Los Angeles, CA 9007 1
Telephone : 213/617-900 7
213/617-9185 (fax )
8
CENTRA 01 Till
RY
9
ROBERTS & ASSOCIATES
10
12
14841 Yorba, Suite 10 0
Tustin, CA 92780
Telephone : 714/838 -888 8
719 /838-0608
)
13
Co-Le e f Plaintiff s
11
1
~- ~1~fTER~D
5MU
CLIFFORD W . ROBERTS, JR . (80597)
S,p~S
/
Nov
SCE T.
~'•-~~R~~
CAU
-
COURT
LOD GED
I)
CLERK . U . S . ISTRICT
A
ry'"r
NITED STATES DISTRICT COUR T
CE TRAL DISTRIC T OF CALIFORNI A
16
~
17 BY
~aL lSTF11C7
C~ CALIFORNI A
D r'QUn WESTERN DIVISIO N
1, 'T
18 DORA PADILLA, et al ., On Behalf } No . CV-98-1092-RSWL(SHX)
}
of Themselves and All Others
19 Similarly Situated, } CLASS ACTIO N
20
Plaintiffs,
21
)
STIPULATION OF DISMISSAL
} PREJUDIC E
v5 .
WITH
}
22 MEDPARTNERS, INC ., et al .,
23
}
Defendants . }
24
ENTEREO
!
Icl
25
r 1r Lea+a1 i V ~•1P Y .~~
~
6
~
w
j
26
27
Nov
~
Fes ; n . . ...f
28
NOV-1i 1
1 The parties , through their respective counsel,
j ointly advise
2 the Court that a global settlement has been reached and
a
3 stipulation of settlement entered in related state court actions in
4 Jefferson County, Alabama
( the "Alabama Actions") .' The Alabama
5 Actions encompass the facts and the class alleged herein . On
6 July 10, 1999 ,
the Honorable William J . Wynn, Judge. of
the
7 Jefferson County Circuit Court, granted final approval of the
8 global settlement of this action and the related Alabama actions,
9 and also on July 10, 1999, entered the Order and Final Judgmen t
10 (the "Judgment ")
approving settlement and dismissal of the actions
11 (a copy of the Judgment is attached hereto as Exhibit 1) .
12 for appeal from that Judgment has expired .
The time
Pursuant to the
13 Stipulation of Settlement , plaintiffs agreed to dismiss the above14 captioned action following Final Judgment in the Alabama actions .
15
THEREFORE ,
IT IS HEREBY STIPULATED by and between the parties
16 in the above-captioned action that this action be, and hereby is,
17 dismissed with prejudice pursuant to Rule 41 ( a) of the Federal
18 Rules of Civil Procedure .
19 DATED this 28th day of October, 1999 .
20
MILBERG
21
WEISS
BERSHAD
HYNES & LERACH LLP
KAREN
T . ROGER S
22
23
KAREN
T . RO RS
24
25
1 The Alabama actions are Griffin v . MedPartners , Inc ., et al .,
26 No . CV-98 - 00297, Idlebird v . MedPartners, Inc ., et al ., CV-9802671, Blankenship , et al . v . MedPartners, Inc ., et al ., No . CV-98-
27 05480 , McBride, et al . v . MedPartners , Inc, et al ., No . CV-9805677 , and Bronstein , et al . v . MedPartners, Inc ., et al ., No . CV28 98-06364 , consolidated in the Circuit Court for Jefferson County,
Alabama , Tenth Judicial District .
- I -
rq
•
_26 ° 94 (TUE) 16 :51
OCT-21-19 12:11113M
P . 004
FROM- IL9ER6 WEISS LA
1
355
2
Las
+1130171161
T-41Z P .04/04 P-04 0
South
Grand Avenue
Suite 417 0
Angeles, CA 90071
Telephone : 213/617-9007
3
• MILBERG WEISS BERSHAD
4 HUES & LERAC#i I.LP
WILLIAM 5- LE?1C f
5
DLAK
6
7
M . HARPER
LAM M . AHAR CHI O
600 West Broadway, Suite
San Dlego, CA 9210 1
Telephone : 619/251-1059
.900
ROBERTS & ASSOCIATES
CLIFFORD W . RO13ERTS, JR .
9
14841
Yorba . Suite 100
Tustin, CA 92780
10
Telephone : 714/839-998 8
11
Ca-Lead
Counsel
12 DATED :
1999 .
13
STEUBER
TROOP
24
for
Plaintiffs
PASICUi REDDICK
& TOBEY " p
OFORGE
T . CAFTAN
HARRY . OI-IVAR
15
16
GEORG T . CAPLAN
17
18
19
20
2029 Century Park East
240 0
Los Angeles, CA 90067-3086
Telephone : 310/728-3200
Suite
Attorneys
for
Defendant s
21
22
23
24
25
26
2?
28 0: %C"99%M=VA1l7h%C AW0 01 4tl .5=Y
- 2 -
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAM A
Civ . Action No . CV-98-0029 7
ISABEL J . GRIFFIN,
Plaintiff,
Vs .
}
Filed In Open Curt
Thk. .Laay of 2L' c_
} GRK ORW[T CoUU
MED?ARTNERS, INC ., et al .,
}}
Defendants .
----------------------------LINDA IDLEBIRD, }
By
Civ . Action No . CV-98-02671
Plaintiff, }
}
vs . } RECD
J U L 19 1999
}
MEDPARTNERS, INC ., et al .,
Defendants .
}
}
}
YURI BRONSTEIN, LEONARD ) Civ . Action No . CV-98-06364
JASPER, DAVID MEASDAY,
}
ROBERT OAKS, the DENVER
EMPLOYEES RETIREMENT PLAN, }
ROY WELLAND, DORA PADILLA, }
and PATRICIA RANDOLPH,
}
Plaintiffs,
vs .
}
}
MEDPARTNERS, INC ., et al .,
}
Defendants
. KEVIN and LINDA McBRIDE, } Civ . Action No . CV-98-0567 7
}
Plaintiffs, }
}
vs .
}
LAWRENCE R . HOUSE, et al ., }
}
Defendants .
ORDER AND FINAL JUDGMEN T
i ,~ 03 EXHIBIT I
01A 5 s
dN MA1 3
-r6 Le
oe.R fo pr -tLG
A
rk'J d 44 G
Cr .asSe9
1999, a hearing having been
On this I day of
held before this Court to determine : ( 1) whether the terms an d
conditions of the Stipulation of Settlement are fair, reasonable
and adequate for the settlement of all claims asserted (a) by the
Settlement Class Representatives and the members of th e
Settlement Class against the Defendants in the Consolidated Class
Cases, and (b) the Derivative Plaintiffs on behalf of the nominal
defendant MedPartners, against the Individual Defendants in th e
Derivative Action ; (2) whether the Stipulation, including the
release of the Defendants in the Consolidated Class Cases, th e
Individual Defendants in the Derivative Action, and the
respective Related Parties, should be approved ; (3) whether
judgment should be entered dismissing the complaints with
prejudice ; (4) whether the Plan of Allocation for the Settlement
Fund is fair and reasonable and should be approved ; and (5)
whether and in what amount to award counsel for Plaintiffs an d
the Settlement Class fees and reimbursement of expenses . The
Court having considered all matters submitted to it at the
hearing and otherwise ; and it appearing that appropriate notice
of the hearing substantially in the respective forms approved by
the Court was mailed to all persons or entities reasonably
identifiable, (i) who, except those persons or entities otherwise
specifically excluded from the definition of the Settlement
Class, (a) purchased the common stock of MedPartners (including
but not limited to, through open market transactions, mergers or
acquisitions in which MedPartners issued common stock, conversion
2
~C004
to common stock, exchange for common stock, exercise of stock
rights, acquisition pursuant to the Company's Employee Stoc k
Purchase Plan (" ESPP "), and any other type of transactio n
(whether public or private) in which a person acquired one or
more shares (whether freely tradable, restricted or otherwise) o f
MedPartners stock in return for consideration), purchased call
option contracts on MedPartners common stock, or sold put optio n
contracts on MedPartners common stock, during the period from
October 30, 1996 through January 7, 1998, inclusive (MedPartners'
employees who purchased their shares through the ESPP in January
1998 being deemed to have purchased their shares on December 31,
1997) (the "Common Stock and Options . Class") ; (b) purchased
MedPartners Threshold Appreciation Price Securities ("TAPS")
during the period from September 15, 1997 through January 7,
1998, inclusive (the "TAPS Class") ; or (c) tendered common shares
of Talbert Medical Management Holdings Corporation ("Talbert") to
MedPartners, pursuant to MedPartners' tender offer, during the
period between August 20, 1997 and September 19, 1997, inclusive
(the "Tender Offer Class") ; and/or (ii) who were current holders
of MedPartners common stock as of May 3, 1999, as shown by the
records of MedPartner's transfer agent, at the respective
addresses set forth in such records ; and the Court having
considered and determined the fairness and reasonableness of th e
award of attorneys' fees and expenses requested .
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREE D
THAT :
3
x:005
NOW, THEREFORE , IT IS HEREBY ORDERED, ADJUDGED AND DECREE D
THAT :
1 . The Court, for purposes of this Order and Fina l
Judgment (the "Judgment"), adopts all defined terms as set fort h
in the Stipulation of Settlement .
2 . The Court has jurisdiction over the subject matter o f
the captioned lawsuits, the Settlement Class Representatives, th e
other members of the Settlement Class, the Derivative Plaintiffs ,
MedPartners, Talmed and the other Defendants .
3 . The Court finds that distribution of the Class Notice ,
the Derivative Notice, and the Proof of Claim and Release, and
the publication of the Summary Notice, as provided for in the
Order Regarding Preliminary Approval and Notice, constituted the
best notice practicable under the circumstances to all persons
within the definition of the Settlement Class and to all curren t
holders of MedPartners common stock ; that they provided full and
accurate information concerning the proposed Settlement and the
actions that are involved in the Settlement, and further provided
due and adequate notice of the proceedings regarding the
Settlement ; and that they . .otherwise fully met the requirements of
Rules 23 and 23 .1 of the Alabama Rules of Civil Procedure, due
process, the Constitutions of the United States and the State o f
Alabama, and any other applicable law .
4 . Pursuant to Rules 23 ( a) and
(b)(3) of the Al abama Rule s
of Civil Procedure, the Consolidated Class Cases are properly an d
finally certified as a class action for settlement purposes .
4
006
With respect to the classes which comprise the Settlement Class,
this Court finds and concludes that : (a) the members of the
Common Stock and Options Class, the TAPS Class ,
offer Class, respectively ,
and the Tender
are each so numerous that joinder o f
all Settlement Class Members is impracticable ; (b) there are
questions of law and fact common to the Common Stock and Option s
Class, the TAPS Class, and the Tender Offer Class, respectively,
which predominate over any individual questions (such as whether
false statements by Defendants artificially inflated the market
price of MedPartners stock and options, whether Defendants made
misstatements in the TAPS registration statement, and whether
Defendants made misstatements to Talbert shareholders i n
materials circulated in connection with MedPartners' tender
offer) ; (c) the claims of the Settlement Class Representative are
typical of the claims of the Common Stock and Options Class, the
TAPS Class, and the Tender Offer Class, respectively ; (d) the
Settlement Class Representative and their counsel have fairly and
adequately represented and protected the interests of the
Settlement Class Members ; and (e) a class action is superior t o
other available methods for the fair and efficient adjudication
of the controversy, considering : (i) the interests of the member s
of the Settlement Class in individually controlling the
prosecution of the separate actions, (ii) the extent and nature
of any litigation concerning the controversy already commenced by
members of the Settlement Class, (iii) the desirability or
undesirability of continuing the litigation of these claims i n
5
V . "1 ao7
this particular forum, and (iv) the difficulties likely to b e
encountered in the management of the class action .
5 . The Settlement of the Consolidated Class Cases as se t
forth in the Stipulation is approved in all respects as fair ,
reasonable and adequate, and in the best interests of th e
Settlement Class .
The Parties are directed to consummate and
perform the Stipulation of Settlement in accordance with al l
applicab? e terms and provisions .
6 . Except as to any individual claim of those person s
(identified in Exhibit 1 hereto) who have validly and timel y
requested exclusion from the Settlement Class, the complaints in
the Consolidated Class Cases and all claims contained therein are
dismissed on the merits with prejudice as to all Defendants in
accordance with Rule 23(e), Alabama Rules of Civil Procedure, and
all of the Defendants and any Related Parties are hereby released
from any and all claims or causes of action in law or equity,
including Unknown Claims, suits, allegations, demands, rights and
liabilities of every nature and description whatsoever, whether
foreseen or unforeseen, matured or unmatured, known or unknown,
accrued or not accrued, suspected or unsuspected, fixed or
contingent, liquidated or unliquidated, whether derivative,
individual, representative or in any other capacity, whether
brought under common law, statute, rule, regulation or other
source of legal obligation, whether federal, state or otherwise,
and in whatever forum, arising out of, relating to, connected
with, or based in whole or in part on, the purchase o f
6
~.,'QQ8
MedPartners stock (including, but not limited to, through open
market transactions, mergers or acquisitions in which MedPartners
issued common stock, conversion to common stock, exchange for
co=on stock, exercise of stock rights, acquisition pursuant tothe ESPP, and any other type of transaction (whether public or
private) in which a Person acquired one or more shares of
MedPartners stock (whether freely tradeable, restricted or
otherwise) in return for consideration) or TAPS, the purchase of
call option contracts or the sale of put option contracts on
MedPartners common stock, or the tender of Talbert common shares
to MedPartners, by the Plaintiffs or the Settlement Class Members
during the Settlement Class periods and the facts, circumstances,
transactions, events, occurrences, disclosures, statements,
omissions, acts, failures to act or other matters which were or
could have been alleged, raised or referred to in any of the
Consolidated Class Cases or any of the Federal Court Actions,
including, without limitation, claims for negligence, gross
negligence, breach of duty of care and/or breach of duty of
loyalty, fraud, misrepresentation (whether intentional, negligent
or innocent), omission (whether intentional, negligent or
innocent), mismanagement, breach of warranty, breach of contract,
breach of fiduciary duty, or violations of any state or federa l
statutes , rules or regulations , or any other source of lega l
obligation of any kind or description, in whatever forum .
7 . The Settlement Class Representatives and all othe r
Settlement Class Members are hereby forever barred and enjoine d
7
from commencing, instituting or . prosecuting, either directly ,
representatively, derivatively or in any other capacity, in an y
court of law or equity, arbitration tribunal, or other forum of
any kind, against any of the Defendants or any Related Parties ,
any action or proceeding based in any respect on the Release d
Claims .
8 . Only those Settlement Class Members filing valid an d
1
'
timely Proofs of Claim and Release shall be entitled t o
participate in the settlement and receive a distribution from the
Settlement Fund . The Proof of Claim and Release to be execute d
by the Settlement Class Members shall release all Released Claims
against the Released Persons . All Settlement Class Members
shall, as of the Effective Date, be bound by the releases set
forth herein whether or not they submit a valid and timely Proof
of Claim and Release .
9 . The Plan of Allocation, including the method fo r
calculating Settlement Class Members' Claims, as set forth in th e
Class Notice, is fair and reasonable and is approved .
10 . Pursuant to Rule 23 .1 of the Alabama Rules of Civi l
Procedure , the Derivative•Action is finally confirmed as being
properly pursued as a derivative action for and on behalf o f
MedPartners, and the Derivative Plaintiffs are finally confirmed
as fair and adequate representatives of the interests o f
MedPartners in pursuing the claims in the action .
11 . The Settlement of the Derivative Action set forth i n
. 'the Stipulation is approved in all respects as fair, reasonabl e
8
. .
Ho
and adequate, and in the best interests of MedPartners and the
Current Holders, and the Parties are directed to consummate the
Stipulation of Settlement in accordance with all applicable terms
and provisions .
12 . Subject only to the qualification set out below, the
complaint in the Derivative Action and all claims contained
therein are dismissed on the merits with prejudice as to-all
Individual Defendants in accordance with Rule 23 .1, Alabama Rule s
of Civil Procedure, and all the Individual Defendants and any
Related Parties are hereby released from any and all claims and
causes of action in law or equity, including Unknown Claims,
suits, allegations, demands, rights and liabilities of every
nature and description whatsoever whether foreseen or unforeseen,
matured or unmatured, known or unknown, accrued or not accrued,
suspected or unsuspected, fixed or contingent, liquidated or
unliquidated, whether brought under common law, statute, rule,
regulation or other source of legal obligation of any kind or
description, whether federal, state or otherwise, and in whateve r
forum, that have been asserted or could have been asserted by
MedPartners or by MedPartners' shareholders on behalf of
MedPartners, or any of them, in the Derivative Action, arising
out of, relating to, connected with, or based in whole or in part
on the claims that were made or that could have been made in the
Derivative Action, the Consolidated Class Cases or the Federal
Court Actions or any of the facts, circumstances, transactions,
events, occurrences, disclosures, statements, omissions, acts ,
9
failures to act or other matters tha : are raised or referred to
in the pleadings or other filings in the Derivative Action, the
Consolidated Class Cases or the Federal Court Actions, including,
without limitation, claims for negligence, gross negligence,
breach of duty of care and/or breach of duty of loyalty, fraud,constructive fraud, misrepresentation (whether intentional,
negligent or innocent), omission (whether intentional, negligent
or innocent), mismanagement, gross mismanagement, breach of
warranty, breach of contract, breach of fiduciary duty, or
violations of any state or federal statutes, rules or
regulations ; provided however that, notwithstanding the foregoing
provisions of this paragraph 12, the dismissal shall not be with
prejudice as to, and the release shall not in any way release,
apply to, encompass, include, or otherwise affect, rights or
rights of action, accrued to MedPartners insofar as they are
being, or may in the future be, asserted or pursued by way of
claim, counterclaim, crossclaim, third-party claim, offset,
response, defense or in any other manner or respect in
litigation, arbitration or any other forum, by MedPartners at the
direction or with the consent of the management or board of
directors'of MedPartners against any independent accountant or
auditor or firm of independent accountants or auditors,
investment 'banks, investment bankers, attorneys who advised
MedPartners during the Settlement Class period, Larry House,
Harold 0 . Knight, Jr ., Mark L . Wagar, John J . Gannon, J . Brook e
Johnston, Tracy P . Thrasher, or Kent S . Marquardt .
10
~ 01
13 . Subject only to the qualification set forth i n
paragraph 12 above, the Derivative Plaintiffs, MedPartners, th e
other shareholders of MedPartners acting derivatively, and anyon e
claiming through any of them, are hereby forever barred and
enjoined from commencing or prosecuting in a representative
capacity on behalf of MedPartners , against any of the Individua l
Defendants or any Related Parties, any action or proceeding base d
in any respect on the Released'Claims .
14 . The provisions of this Judgment do not, and ar e
specifically intended not to, release, bar or enjoin any . Person
that is not a Settlement Class Member (other than MedPartners, t o
the extent described herein), with respect to any rights o r
rights of action accrued to that Person in his, her or it s
individual capacity .
15 . Plaintiffs' Settlement Counsel are ordered to fil e
necessary papers to secure dismissal of the Federal Court Action s
and the Blankenship Action, and dismissal of the appeal i n
Lauriello , promptly after this Judgment becomes Final .
16 . Upon the Effective Date, each of the Settlin g
Defendants and their respective counsel shall, and by operation
of this Judgment shall be deemed to, fully, finally, and forever
release, relinquish and discharge each of the Settlement Class
Representatives, the Derivative Plaintiffs, and counsel to the
Plaintiffs, from all claims (whether or not known or suspected)
arising out of, relating to, or in connection with th e
11
':L 013
institution , prosecution , assertion or resolution of th e
Litigation or the Released Claims .
17 . Neither the Stipulation of Settlement nor th e
settlement contained therein, nor any act performed or documen t
executed pursuant to or in furtherance of the Stipulation o f
Settlement or the settlement : (i) is, or may be deemed to be, o r
may be used as an admission of, or evidence of, the validity of
any Released Claim, or of any'wrongdoing or liability of any o f
the Defendants or any of their Related Parties ; (ii) is, or may
be deemed to be, or may be used as an admission of, or evidence
of, any fault or omission of any of the Defendants or any of
their Related Parties in any civil, criminal or administrative
proceeding in any court, administrative agency or other tribunal ;
or (iii) shall be offered in evidence by any party for any
purpose except as provided herein . Defendants have denied and
continue to deny each and all of the claims that have been
alleged . Released Persons may file the Stipulation of Settlement
and/or this Judgment in any other action that may be brought
against them in order to support a defense or counterclaim based
on principles of res udicata , collateral estoppel, release, good
faith settlement, judgment bar or reduction or any theory of
claim preclusion or issue preclusion or similar defense or
counterclaim . The Parties, their respective counsel or any othe r
Member of the Settlement Class may file the Stipulation of
Settlement in any proceeding brought to enforce any of its term s
or provisions .
12
18 . No Party to the Stipulation of Settlement or thei r
respective counsel violated any of the requirements of Rule 11 of
the Alabama Rules of Civil Procedure or any other law or court
rule with respect to the complaints filed in the Litigation, any
responsive pleading to the complaints, any dispositive motion
with respect to the complaints, or any other proceeding in thi s
matter .
19 . Counsel for Plaintiffs and the Class are hereby awarde d
3 3 % of the Settlement Fund as fees which is inclusive of a n
award of fees in the amount of $ 19 9/00, DoG . o nto counsel for
the Derivative Plaintiffs, which sum the Court finds to be fai r
and reasonable, plus $ 7 d3 2Ii,/ in reimbursement of expenses,
which shall be paid to Plaintiffs' Settlement Counsel from th e
Settlement Fund with interest from the date such Settlement Fund
was funded to the date of payment at the same rate that the
Settlement Fund earns . The award of attorneys' fees shall be
allocated among counsel for Plaintiffs and the Settlement Class
in a fashion which, in the opinion of Plaintiffs' Settlement
Counsel, fairly compensates counsel for the Plaintiffs and th e
Settlement Class for their respective contributions . Any dispute
among counsel regarding , fees shall be resolved by
a A' t- ~
2 0 .- Settlement Class Representative Isabel J . Griffin is
00
hereby awarded a se rvice award in the amount of
c,,'-100-for '
her efforts in prosecuting the Actions .
21 . Exclusive jurisdiction is hereby retained over th e
Parties and the Settlement Class Members for all matters relatin g
13
, .~rO15
to the Settlement, including the administration, interpretation,
effectuation or enforcement of the Stipulation of Settlement an d
this Judgment, and including any application for fees an d
expenses incurred in connection with administering an d
distributing the settlement proceeds to the Members of th e
Settlement Class .
22 . Without further Order of the Court, the Parties ma y
agree to reasonable extensions of time to carry out any of th e
provisions of the Stipulation of Settlement .
23 . The parties are to bear their own costs, except a s
otherwise provided in the Stipulation of Settlement .
24 . In the event that the Settlement does not become fina l
in accordance with the terms of the Stipulation, then this
Judgment shall be rendered null and void to the extent provided
by and in accordance with the Stipulation and shall be vacated
and, in such event, all orders entered and releases delivered in
connection herewith shall be null and void to the extent provided
by and in accordance with the Stipulation . In such event the
findings herein shall also be null and void and the Consolidated
Class Cases and the Derivative Action shall return to thei r
respective statuses prior to the entry of the Settlement .
Dated : Birmingham , Alabama
17 -
/0
, 1999 . ..
r
HON . WILL J . W
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•
34457 1 .XLS
SPARTNERS - REQUESTS FOR EXCLUS i
Name and Addres s
Patricia L . Sparks
781 South Durham Street
La Habra, CA 90631
Allen Sheer, M D
10703 Carrollwood Drive
Tampa, FL 33618
Bradley Reid
11421 Wild Cat Lane
New Port Richey, FL 3465 4
Bayard S . Tynes
33 Ridge Drive
no city/stat e
H . Kirby Blankenship MD
2821 Linthicum Place
Tampa FL 33618
Steven Ricciardello MD
166 Candyce Drive
Osprey FL 3422 9
Mark Howard Jaffe MD
6630 Stoninglon Drive
Tampa FL 33647
Marcos A . Lara MD
22237 Little Falls Ave
Port Charlotte FL 3395 2
Terence P . Connelly
Tamera J . Connelly
1841 Jamaica Way
Punta Gorda FL 3395 0
Marcel Srur MD
1632 Floyd Street
Sarasota FL 3423 9
Michael Foley MD
30413 Fairway Drive
Wesley Chapel FL 33543
Arthur Raymond Brooker MD
Page 1
EXHIBIT
34457 1 .XLS
S.PARTNERS - REQUESTS FOR EXCLU a
Name and Addres s
717 South Newport Ave
Tampa FL 3360 6
David B . Hall MD
5400 Hicksburg Circle
Birmingham AL 3521 0
Todd Ostrow MD
4726 East Trails Drive
Sarasota FL 3423 2
Alan J . Cousin MD, PhD
4111 Highland Park Circle
Lutz FL 3354 9
David DeAtkine Jr
620 Euclid Ave
Birmingham AL 3521 3
Jack W Trigg Jr
2006 Garden Place
Birmingham AL 3522 3
Jaime Torner MD
2885 Tamiami Trai l
Port Charlotte FL 3395 2
Luis H Serentill MD
131 SW Graham Street
Port Charlotte FL 3395 2
Bruce MacDonald M D
2525 Harbor Boulevard #307
Port Charlotte FL 3395 2
Tomasz K 'Wazny MD
21281 Yacht Basin Ct
Port Charlotte FL 3395 2
Linda K Hudson MD
#1 Winged Foot Run
Birmingham AL 3524 2
Southview Medical Group PC
Ste 300, 833 St . Vincent's Dr .
Birmingham AL 35205
Page 2 C . " -
0 8
4,1
34457 1 .XLS
1%mmPARTNERS - REQUESTS FOR EXCLUS i
Name and Address
Thomas A Okuiski MD
9410 Eddings Road
Odessa FL 33556
Michael P Flynn MD
802 Centerbrook Dr
Brandon FL 3351 1
Katherine Reed MD
4522 Ferncroft Circle
Tampa FL 33629 .
Thomas R . Civitella MD
2885 Tamiami Trail
Port Charlotte FL 33952
Enrique Urrutia MD
5155 San Jose Street
Tampa FL 3362 9
Farrington Limited Partnership
c/o Richard R . Six M D
613 E Lumsden Road
Brandon FL 3351 1
Richard R. Six MD
613 E Lumsden Road
Brandon FL 3351 1
Donald W Durrance MD
1001 Centerbrook Drive
Brandon FL 33511
Joseph George Hughes
2820 Canoe Brook Lane
no citylstat
William A Holt D O
21293 Covington Avenue
Port Charlotte FL 3395 2
Maurice Azar M D
1171 Pepper Tree Lane
Port Charlotte FL 3395 2
Howard Saslow MD
2885 Tamiami Trail
I ..
Page 3
nr 1
34457 1 .XLS
ML ARTNERS - REQUESTS FOR EXCLU%
i
Name and Address
Port Charlotte FL 3395 2
Chinnia Gnanashanmugam MD
121 Graham Street SW
Port Charlotte FL 3395 2
Dr. Alejandro M Pizarra
1247 Odyssey Court
Punta Gorda FL 3398 3
Saligrama Bhat MD
2885 Tamiami Trai l
Port Charlotte FL 3395 2
Thomas Fabian MD
2525 Harbor Blvd
Port Charlotte FL 3395 2
Victor Rodriquez MD
2885 Tamiami Trai l
Port Charlotte FL 3395 2
Michael Heagney MD
2525 Harbor Blv d
Port Charlotte FL 3395 2
Ballapuram G Adhinarayanan MD
2885 Tamiami Trail
Port Charlotte FL 3395 2
Marc A Mesler MD
2885 Tamiami Trai l
Port Charlotte FL 33952
Jacinto R Oliver MD
2885 Tamiami Trai l
Port Charlotte FL 3395 2
George E Nackley MD
2885 Tamiami Trai l
Port Charlotte FL 3395 2
A Robert Eschleman MD
2525 Harbor Blvd, #307
Port Charlotte FL 3395 2
VS Padmanabhan MD
Page 4
: >>~nry .~
lr4
34457 1 .XLS
.,PARTNERS - REQUESTS FOR EXCLUb .
Name and Address
4581 Colleen St
Port Charlotte FL 3395 2
James S Amontree MD
1117 San Mateo Drive
Punta Gorda FL 3395 0
Agustin Collado MD
349 Severin R d
Port Charlotte FL 3395 2
Issa F Baroudi MD
2 Tropicana Drive
Punta Gorda FL 3395 0
Ted J . Cardoso MD
16003 Penwood Drive
Tampa FL 33647
Neil & Amy Zusman
23427 Westchester Blvd
Port Charlotte FL 3398 0
Stephen Spencer
3327 Trinidad Court
Punta Gorda FL 3395 0
W Campbell Walker MD
311 Rye Road
Bradenton FL 34202
Numa J Tamayo
1493 Wassail Lane
Punta Gorda F.L 3398 3
John & Esther Arata
438 Bogey Lane
Kirkwood Missouri 6312 2
Mario J Lopez MD , FACC
263 George Road
Port Charlotte FL 3395 2
Estate of Mazharul Islam MD
c/o Zia Butt CPA
4950 Pocatella Drive
North Port FL 34287
Page 5
`. .
\- L . 1 .
1
V
34457 1 .XLS
fw-jPARTNERS - REQUESTS FOR EXCLU S
Name and Addres s
Steven D Christesen
3067 Tamiami Trai l
Port Charlotte FL 33952
T .R . Chandrahasa MD
4405 Harbor Blv d
Port Charlotte FL 33952
Jose M Garcia M D
417 Medici Cour
t Punta Gorda FL 3395 0
Ramon A Gil MD
197 Roselle Ct
Port Charlotte FL 3395 2
Michael K Brinso n
10847 SW Cypress Bend Ave
Arcadia FL 3426 6
Aristeia Trading LLC
c/o Robert H Lynch Jr
277 Park Ave, 27th Fl
New York NY 10172
Wayne Wrigley MD
5210 Interbay Blvd
Tampa FL 3361 1
Ena C Casanova MD
119 Sinclair St S W
Port Charlotte FL 3395 2
Luis A Casanova MD
119 Sinclair St S W
Port Charlotte FL 33952
Marguerite D Zigmant
P .O . Box 090 0
Hollistev MO 68673
Carlos & Maria Maas
1175 Citron Street
Charlotte Harbor FL 3398 0
Tracy P Thrasher
Page 6
;'.022
34457 1 . XLS
Mw ARTNERS - REQUESTS FOR EXCLUS 0
Name and Address
2109 Southwinds Circle
Birmingham AL 35244
including :
Tracy P Thrasher IRA Acct
Jonathan K & Tracy P Thrasher Acct
Caroline Thrasher U/AL/UTM A
Southeastern Fertility Institute
5505 Peachtree Dunwoody Road
Suite 400
Atlanta, GA 30342 . .
e
Southeastern Fertility Institute Surgical Assoc , P .C.
5505 Peachtree Dunwoody Roa d
Suite 40 0
Atlanta, GA 30342
Southeastern Endocrine Labs Inc
5505 Peachtree Dunwoody Road
Suite 40 0
Atlanta, GA 3034 2
Reproductive Biology Associates
5505 Peachtree Dunwoody Road
Suite 40 0
Atlanta , GA 3034 2
Hilton I Kort, MD, PC
5505 Peachtree Dunwoody Road
Suite 400
Atlanta, GA 3034 2
Joe B . Massey, MD, PC
5505 Peachtree Dunwoody Road
Suite 40 0
Atlanta , GA 3034 2
Carlene W Eisner, MD, PC
5505 Peachtree Dunwoody Road
Suite 40 0
Atlanta , GA 3034 2
Dorothy E Mitchell Leef MD, PC
5505 Peachtree Dunwoody Road
Suite 400
Atlanta, GA 30342
Page 7
~4ti.ves. ~3
U
34457 1 .XLS
MEuPARTNERS - REQUESTS FOR EXCLUSION
Name and Addres s
Andrew A Toledo, M D
5505 Peachtree Dunwoody Road
Suite 400
Atlanta, GA 30342
Page 8
`' t1 ~G 4
1
DECLARATION OF SERVICE BY MAIL
2
I, the undersigned ,
declare :
3
1 . That declarant is and was , at all times herein mentioned,
4
a resident of the County of Los Angeles, over the age of 18 years,
5
and not a party to or interested in the within action ; that
6
declarant ' s business address is 355 South Grand Avenue, Suite 4170,
7
Los Angeles ,
California 90071 .
8
2 . That on October 28, 1999, declarant served the
9
STIPULATION OF DISMISSAL WITH PREJUDICE by depositing a true copy
10
thereof in a United States mailbox at Los Angeles , California in a
11
sealed envelope with postage thereon fully prepaid and addressed to
12
the parties listed on the attached Service List .
13
3 . That there is a regular co mm unication by mail between the
14
place of mailing and the places so addressed .
15
I declare under penalty of perjury that the foregoing is true
16
and correct .
Executed this 28th day of October, 1999, at Los
17
Angeles , California .
18
19
20
21
22
23
24
25
26
27
28
~~
Michele E . Maso n
-
4
MEDPARTNERS
Service List - 10/28/99
Page - 1
Karen T . Roger s
MILBERG WEISS BERSHAD HYNES &
LERACH LL P
355 South Grand Avenue
Suite 417 0
Los Angeles , CA 90071
213/617-9007
213/617- 9185 (fax )
William S . Lerach
Blake W . Harper
Laura M . Andracchi o
MILBERG WEISS BERSHAD HYNES &
LERACH LL P
600 West Broadway, Suite 1800
San Diego, CA 92101-5050
619/231-105 8
619/231-7423 (fax )
COUNSEL FOR DEFENDANT S
George T . Caplan
Harry A . Olivar, Jr .
TROOP STEUBER PASICH REDDICK &
TOBEY, LL P
2029 Century Park East
Suite 240 0
Los Angeles, CA 90067-3086
310/728-3200
310/728-2200 (fax)
Clifford W . Roberts, Jr .
ROBERTS & ASSOCIATES
14841 Yorba, Suite 100
Tustin, CA 9278 0
714/838-8888
714/838-0608 (fax)
r,