dora padilla, et al v. medpartners inc, et al...

S

I MILBERG WEISS BERSHADHYNES & LERACH LL P

2 WILLIAM S . LERACH ( 68581)BLAKE M . HARPER (115756 )

3

11LAURA M . ANDRACCHIO ( 187773 )600 West Broadway , Suite 1800

FILED4 San Diego , CA 92101 CLERK. us DiSTR1CTCOURTII Telephone : 619/231-105 8

5 619 / 231-7423 . (fax )- and - - OCT 91999

6 KAREN T . ROGERS (185465 )355 South Grand Avenue CENTRA 01 Till

RY7 Suite 417 0Los Angeles, CA 9007 1

8 Telephone : 213/617-900 7213/617-9185 (fax )

9ROBERTS & ASSOCIATES ~1~fTER~~-

10 CLIFFORD W . ROBERTS, JR . (80597)5MU DS,p~S

14841 Yorba, Suite 10 011 Tustin, CA 92780

/ NovTelephone : 714/838 -888 812 719 /838-0608 )

SCE T

13 Co-Le e f PlaintiffsED

.CAU-~'•-~~R~~

LOD GI) ISTRICT

COURT

S1 .CLERK . U .

NITED STATES DISTRICT COURT

CE TRAL DISTRIC T OF CALIFORNI A

16 C~ CALIFORNI A

1, 'T~aL lSTF11C7 D r'QUn WESTERN DIVISIO N

17~

BY

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18 DORA PADILLA, et al ., On Behalf } No . CV-98-1092-RSWL(SHX)

of Themselves and All Others }

19 Similarly Situated, } CLASS ACTION

20 Plaintiffs, ) STIPULATION OF DISMISSAL WITH} PREJUDICE

21 v5 .}

22 MEDPARTNERS, INC ., et al .,

}23 Defendants . }

ENTEREO24 ! Icl

25 Novr 1r Lea+a1 i V ~•1P Y.~~ ~ 6 ~ w ~

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27 Fes ; n. . . .. f

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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) . The time

12 for appeal from that Judgment has expired . Pursuant to the

13 Stipulation of Settlement , plaintiffs agreed to dismiss the above-

14 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 WEISS BERSHADHYNES & LERACH LLP

21 KAREN T. ROGERS

22

23 KAREN T. RO RS

2 4

251 The Alabama actions are Griffin v . MedPartners , Inc ., et al .,

26 No . CV-98 - 00297, Idlebird v . MedPartners, Inc ., et al ., CV-98-

02671, Blankenship , et al . v . MedPartners, Inc ., et al ., No . CV-98-27 05480 , McBride, et al . v. MedPartners , Inc, et al ., No . CV-98-

05677 , and Bronstein , et al . v . MedPartners, Inc ., et al ., No . CV-28 98-06364 , consolidated in the Circuit Court for Jefferson County,

Alabama , Tenth Judicial District .

- I -

_26 ° 94 (TUE) 16 :51

OCT-21-19 12 :11113M FROM- IL9ER6 WEISS LA

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P . 004+1130171161 T-41Z P .04/04 P-04 0

1 355 South Grand AvenueSuite 417 0

2 Las Angeles, CA 90071Telephone : 213/617-9007

3• MILBERG WEISS BERSHAD

4 HUES & LERAC#i I.LPWILLIAM 5- LE?1Cf

5 DLAK M. HARPERLAM M. AHAR CHI O

6 600 West Broadway, Suite .900San Dlego, CA 9210 1

7 Telephone: 619/251-1059

ROBERTS & ASSOCIATESCLIFFORD W . RO13ERTS, JR .

9 14841 Yorba. Suite 100Tustin, CA 92780

10 Telephone: 714/839-998 8

11 Ca-Lead Counsel for Plaintiffs

12 DATED: 1999.

13 TROOP STEUBER PASICUi REDDICK& TOBEY "p

24 OFORGE T. CAFTANHARRY . OI-IVAR

1 5

16GEORG T . CAPLAN

172029 Century Park East

18 Suite 2400Los Angeles, CA 90067-3086

19 Telephone: 310/728-3200

20 Attorneys for Defendants

21

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28 0: %C"99%M=VA1l7h%CAW0 01 4tl .5=Y

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IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA

ISABEL J . GRIFFIN,

Plaintiff,

Civ. Action No . CV-98-00297

Filed In Open CurtVs . Thk . .Laay of 2L' c_

}MED?ARTNERS, INC ., et al ., } GRK ORW[T CoUU

} ByDefendants . }-----------------------------

LINDA IDLEBIRD, } 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-98-06364JASPER, DAVID MEASDAY, }ROBERT OAKS, the DENVEREMPLOYEES 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 JUDGMENT

i ,~ 03 EXHIBIT I

dN MA1 3

oe.R f- rk'J d 44 Go pr -tLG Cr.asSe9

On this I day

held before this Court

01A 5 s

-r6 Le A

of 1999, a hearing having been

to determine : ( 1) whether the terms and

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 the

Derivative Action ; (2) whether the Stipulation, including the

release of the Defendants in the Consolidated Class Cases, the

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 and

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 transaction

(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 DECREED

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, the

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 and

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 , and the Tender

offer Class, respectively , 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

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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 to-

the 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 legal

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 and1 '

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 the

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 . Brooke

Johnston, Tracy P . Thrasher, or Kent S . Marquardt .

10

~ 0 1

13 . Subject only to the qualification set forth in

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, to

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 Settling

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 the

11

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institution , prosecution , assertion or resolution of the

Litigation or the Released Claims .

17 . Neither the Stipulation of Settlement nor the

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, or

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 terms

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 the

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 is00

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

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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 may

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 , Alabama17- /0 , 1999 . . .

r

HON . WILL J . W

F v y~ P/4 a c e c d S` re j a t 4 e •< <.- ~ t A` 32317 3 . ~'P I ,vf e R c s I'" l4 -r' e_ o R d e. R d P ! d 1 c C ~A / T~ R S Se'#R /e.

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:3 0(,4 X 0

34457 1 .XLS SPARTNERS - REQUESTS FOR EXCLUS i

Name and Addres s

Patricia L . Sparks781 South Durham Street

La Habra, CA 90631

Allen Sheer, MD

10703 Carrollwood DriveTampa, FL 33618

Bradley Reid11421 Wild Cat LaneNew Port Richey, FL 34654

Bayard S . Tynes33 Ridge Driveno city/stat e

H. Kirby Blankenship MD

2821 Linthicum PlaceTampa FL 33618

Steven Ricciardello MD166 Candyce DriveOsprey FL 3422 9

Mark Howard Jaffe MD6630 Stoninglon DriveTampa FL 33647

Marcos A . Lara MD22237 Little Falls AvePort Charlotte FL 3395 2

Terence P . ConnellyTamera J . Connelly1841 Jamaica WayPunta Gorda FL 33950

Marcel Srur MD1632 Floyd StreetSarasota FL 34239

Michael Foley MD30413 Fairway DriveWesley Chapel FL 33543

Arthur Raymond Brooker MD

•

Page 1

EXHIBIT

34457 1 .XLS S.PARTNERS - REQUESTS FOR EXCLUa

Name and Address717 South Newport Ave

Tampa FL 33606

David B . Hall MD5400 Hicksburg CircleBirmingham AL 3521 0

Todd Ostrow MD4726 East Trails DriveSarasota FL 34232

Alan J . Cousin MD, PhD

4111 Highland Park Circle

Lutz FL 3354 9

David DeAtkine Jr620 Euclid AveBirmingham AL 3521 3

Jack W Trigg Jr

2006 Garden Place

Birmingham AL 35223

Jaime Torner MD2885 Tamiami Trai l

Port Charlotte FL 3395 2

Luis H Serentill MD

131 SW Graham Street


Bruce MacDonald M D

2525 Harbor Boulevard #307Port Charlotte FL 3395 2

Tomasz K 'Wazny MD21281 Yacht Basin CtPort Charlotte FL 3395 2

Linda K Hudson MD#1 Winged Foot RunBirmingham AL 35242

Southview Medical Group PCSte 300, 833 St . Vincent's Dr .Birmingham AL 35205

4,1 8Page 2 C. " - 0

34457 1 .XLS 1%mmPARTNERS - REQUESTS FOR EXCLUS i

Name and AddressThomas A Okuiski MD

9410 Eddings RoadOdessa FL 33556

Michael P Flynn MD

802 Centerbrook DrBrandon FL 3351 1

Katherine Reed MD4522 Ferncroft Circle

Tampa FL 33629 .

Thomas R . Civitella MD2885 Tamiami TrailPort Charlotte FL 33952

Enrique Urrutia MD5155 San Jose Street

Tampa FL 3362 9

Farrington Limited Partnershipc/o Richard R. Six M D613 E Lumsden Road

Brandon FL 3351 1

Richard R. Six MD

613 E Lumsden Road

Brandon FL 3351 1

Donald W Durrance MD1001 Centerbrook DriveBrandon FL 33511

Joseph George Hughes2820 Canoe Brook Lane

no citylstat

William A Holt D O

21293 Covington AvenuePort Charlotte FL 3395 2

Maurice Azar M D1171 Pepper Tree LanePort Charlotte FL 3395 2

Howard Saslow MD

2885 Tamiami Trail

I .. nr 1

Page 3

34457 1 .XLS ML ARTNERS - REQUESTS FOR EXCLU%i

Name and AddressPort Charlotte FL 3395 2

Chinnia Gnanashanmugam MD121 Graham Street SWPort Charlotte FL 3395 2

Dr. Alejandro M Pizarra1247 Odyssey CourtPunta Gorda FL 3398 3

Saligrama Bhat MD2885 Tamiami Trai lPort Charlotte FL 3395 2

Thomas Fabian MD

2525 Harbor Blvd


Victor Rodriquez MD

2885 Tamiami Trai l


Michael Heagney MD

2525 Harbor Blv d


Ballapuram G Adhinarayanan MD2885 Tamiami TrailPort Charlotte FL 3395 2

Marc A Mesler MD2885 Tamiami Trai lPort Charlotte FL 33952

Jacinto R Oliver MD2885 Tamiami Trai lPort Charlotte FL 3395 2

George E Nackley MD2885 Tamiami Trai l


A Robert Eschleman MD

2525 Harbor Blvd, #307

Port Charlotte FL 33952

VS Padmanabhan MD

Page 4 : >>~nry .~lr4

34457 1 .XLS .,PARTNERS - REQUESTS FOR EXCLUb .

Name and Address4581 Colleen StPort Charlotte FL 3395 2

James S Amontree MD1117 San Mateo DrivePunta Gorda FL 33950

Agustin Collado MD349 Severin R dPort Charlotte FL 33952

Issa F Baroudi MD2 Tropicana DrivePunta Gorda FL 33950

Ted J. Cardoso MD16003 Penwood DriveTampa FL 33647

Neil & Amy Zusman23427 Westchester BlvdPort Charlotte FL 3398 0

Stephen Spencer3327 Trinidad Court

Punta Gorda FL 33950

W Campbell Walker MD

311 Rye Road

Bradenton FL 34202

Numa J Tamayo

1493 Wassail LanePunta Gorda F.L 33983

John & Esther Arata

438 Bogey Lane

Kirkwood Missouri 6312 2

Mario J Lopez MD , FACC263 George RoadPort Charlotte FL 3395 2

Estate of Mazharul Islam MDc/o Zia Butt CPA

4950 Pocatella DriveNorth Port FL 34287

Page 5 `. .1\- L . 1 .

34457 1 .XLS fw-jPARTNERS - REQUESTS FOR EXCLU S

Name and Addres s

Steven D Christesen3067 Tamiami Trai lPort Charlotte FL 33952

T.R . Chandrahasa MD4405 Harbor Blv dPort Charlotte FL 33952

Jose M Garcia MD417 Medici Cour

t Punta Gorda FL 3395 0

Ramon A Gil MD

197 Roselle Ct


Michael K Brinso n10847 SW Cypress Bend AveArcadia 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 MD119 Sinclair St S WPort Charlotte FL 3395 2

Luis A Casanova MD

119 Sinclair St SW


Marguerite D ZigmantP.O . Box 0900Hollistev MO 68673

Carlos & Maria Maas1175 Citron Street

Charlotte Harbor FL 33980

Tracy P Thrasher

Page 6 ;'.022

V

34457 1 .XLS Mw ARTNERS - REQUESTS FOR EXCLUS0

Name and Address2109 Southwinds CircleBirmingham AL 35244including :Tracy P Thrasher IRA AcctJonathan K & Tracy P Thrasher AcctCaroline Thrasher U/AL/UTM A

Southeastern Fertility Institute5505 Peachtree Dunwoody RoadSuite 400Atlanta, GA 30342 . .

Southeastern Fertility Institute Surgical Assoc , P .C .5505 Peachtree Dunwoody Roa dSuite 400Atlanta, GA 30342

Southeastern Endocrine Labs Inc

5505 Peachtree Dunwoody Road

Suite 400

Atlanta, GA 30342

Reproductive Biology Associates

5505 Peachtree Dunwoody RoadSuite 40 0Atlanta , GA 30342

Hilton I Kort, MD, PC5505 Peachtree Dunwoody RoadSuite 400Atlanta, GA 3034 2

Joe B . Massey, MD, PC5505 Peachtree Dunwoody RoadSuite 400Atlanta , GA 3034 2

Carlene W Eisner, MD, PC5505 Peachtree Dunwoody RoadSuite 40 0Atlanta , GA 3034 2

Dorothy E Mitchell Leef MD, PC5505 Peachtree Dunwoody RoadSuite 400Atlanta, GA 30342

e

es.~4ti.v ~3Page 7

34457 1 .XLS MEuPARTNERS - REQUESTS FOR EXCLUSION

Name and Addres sAndrew A Toledo, M D

5505 Peachtree Dunwoody RoadSuite 400Atlanta, GA 30342

U

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 ; that6

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 the9

STIPULATION OF DISMISSAL WITH PREJUDICE by depositing a true copy10

thereof in a United States mailbox at Los Angeles , California in a11

sealed envelope with postage thereon fully prepaid and addressed to12

the parties listed on the attached Service List .13

3 . That there is a regular co mmunication by mail between the14

place of mailing and the places so addressed .15

I declare under penalty of perjury that the foregoing is true16

and correct . Executed this 28th day of October, 1999, at Los17

Angeles , California .1 8

19 ~~ -Michele E . Mason

20

21

22

23

24

25

26

27

28

4 r,

MEDPARTNERS

Service List - 10/28/99Page - 1

Karen T . Roger s

MILBERG WEISS BERSHAD HYNES &LERACH LLP

355 South Grand AvenueSuite 417 0Los Angeles , CA 90071

213/617-9007213/617- 9185 (fax )

William S . Lerach

Blake W . Harper

Laura M . Andracchi o

MILBERG WEISS BERSHAD HYNES &LERACH LLP

600 West Broadway, Suite 1800San Diego, CA 92101-5050

619/231-105 8619/231-7423 (fax )

COUNSEL FOR DEFENDANTS

George T . Caplan

Harry A . Olivar, Jr .TROOP STEUBER PASICH REDDICK &

TOBEY, LL P

2029 Century Park EastSuite 240 0Los Angeles, CA 90067-3086

310/728-3200310/728-2200 (fax)

Clifford W . Roberts, Jr .

ROBERTS & ASSOCIATES14841 Yorba, Suite 100

Tustin, CA 9278 0

714/838-8888714/838-0608 (fax)

dora padilla, et al v. medpartners inc, et al...

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