Lawsuit update – October 10, 2002

• On September 11, all parties in the suit (plaintiffs and defendants) agreed to take reasonable steps to preserve documents, created between January 1, 1991, and September 11, 2002 that relate to certain physician reimbursement rate schedules and Iameter reports.
• On September 23, the defendants in the suit filed motions to compel arbitration and, in the alternative, to dismiss for failure to state a claim upon which relief can be granted. The plaintiffs' (our) response to this motion is due by October 23, then the defendants will have until November 12 to reply. In the motion to compel arbitration, the defendants claim some plaintiffs are governed by written contracts that contain alternative dispute resolution clauses and that the plaintiffs have failed to abide by the clauses before filing the suit.

Documents relating to the above updates are available on the Hamilton County Clerk of Court's web site at www.courtclerk.org. The case number is A0204947.