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Date: 05-19-2014

Case Style: Oklahoma Oncology & Hematology, P.C., d/b/a Cancer Care Associates v. US Oncology, Inc. and AOR Management Company of Oklahoma, LLC

Case Number: CJ-2005-929

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Scott Savage, John Tucker, Randall Lewin, Lindsay McDowell, Linda Scoggins, James Thomas

Defendant's Attorney: Timothy Carney for U.S. Oncology, Inc.

Craig Cole, John Gatliff and Pete Katzdorn for Lana Jeanne Tyree

David Nunn for Midfist Bank

Description: Oklahoma Oncology & Hematology, P.C., d/b/a Cancer Care Associates v. US Oncology, Inc. and AOR Management Company of Oklahoma, LLC

Issue # 1.
Issue: DECLARATORY JUDGMENT (DECLARE)
Filed by: OKLAHOMA ONCOLOGY & HEMATOLOGY PC
Filed Date: 03/04/2005
Party Name: Disposition Information:

Defendant: AOR MANAGEMENT COMPANY OF OKLAHOMA LLC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Defendant: US ONCOLOGY INC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Issue # 2.
Issue: DISMISSAL OF ARBITRATION (OTHER)
Filed by: OKLAHOMA ONCOLOGY & HEMATOLOGY PC
Filed Date: 03/04/2005
Party Name: Disposition Information:

Defendant: AOR MANAGEMENT COMPANY OF OKLAHOMA LLC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Issue # 3.
Issue: FRAUD/DECEIT/MISREPRESENTATIVE (FRAUD)
Filed by: OKLAHOMA ONCOLOGY & HEMATOLOGY PC
Filed Date: 03/04/2005
Party Name: Disposition Information:

Defendant: AOR MANAGEMENT COMPANY OF OKLAHOMA LLC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Defendant: US ONCOLOGY INC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Issue # 4.
Issue: CONVERSION/MISAPPRORIATION/EMBEZZLEMENT (CONVERT)
Filed by: OKLAHOMA ONCOLOGY & HEMATOLOGY PC
Filed Date: 03/04/2005
Party Name: Disposition Information:

Defendant: AOR MANAGEMENT COMPANY OF OKLAHOMA LLC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Defendant: US ONCOLOGY INC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Issue # 5.
Issue: UNCONSCIONABILITY (OTHER)
Filed by: OKLAHOMA ONCOLOGY & HEMATOLOGY PC
Filed Date: 03/04/2005
Party Name: Disposition Information:

Defendant: AOR MANAGEMENT COMPANY OF OKLAHOMA LLC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Defendant: US ONCOLOGY INC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Issue # 6.
Issue: BREACH OF FIDUCIARY DUTY (DUTY)
Filed by: OKLAHOMA ONCOLOGY & HEMATOLOGY PC
Filed Date: 03/04/2005
Party Name: Disposition Information:

Defendant: AOR MANAGEMENT COMPANY OF OKLAHOMA LLC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Defendant: US ONCOLOGY INC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Issue # 7.
Issue: BREACH OF CONTRACT (CONTRACT)
Filed by: OKLAHOMA ONCOLOGY & HEMATOLOGY PC
Filed Date: 03/04/2005
Party Name: Disposition Information:

Defendant: AOR MANAGEMENT COMPANY OF OKLAHOMA LLC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Defendant: US ONCOLOGY INC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Issue # 8.
Issue: FRAUDULENT INDUCEMENT (FRAUD)
Filed by: OKLAHOMA ONCOLOGY & HEMATOLOGY PC
Filed Date: 03/04/2005
Party Name: Disposition Information:

Defendant: AOR MANAGEMENT COMPANY OF OKLAHOMA LLC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Defendant: US ONCOLOGY INC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Issue # 9.
Issue: COUNTERCLAIM #1 - BREACH OF CONTRACT (FILED BY AOR-OK) (CONTRACT)
Filed by: AOR MANAGEMENT COMPANY OF OKLAHOMA INC
Filed Date: 02/22/2006
Party Name: Disposition Information:

Plaintiff: OKLAHOMA ONCOLOGY & HEMATOLOGY PC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Issue # 10.
Issue: COUNTERCLAIM #2 - INJUNCTIVE RELIEF (FILED BY AOR-OK) (OTHER)
Filed by: AOR MANAGEMENT COMPANY OF OKLAHOMA INC
Filed Date: 02/22/2006
Party Name: Disposition Information:

Plaintiff: OKLAHOMA ONCOLOGY & HEMATOLOGY PC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Issue # 11.
Issue: AMENDED PETITION - CAUSE #9 - CONSPIRACY (OTHER)
Filed by: OKLAHOMA ONCOLOGY & HEMATOLOGY PC
Filed Date: 12/03/2007
Party Name: Disposition Information:

Defendant: AOR MANAGEMENT COMPANY OF OKLAHOMA LLC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.

Defendant: US ONCOLOGY INC
Disposed: DISMISSED - SETTLED, 05/19/2014. Dismissed- Settled.


02-17-2012 CTFREE - 80814947 Feb 17 2012 12:14:01:127PM - $ 0.00
MORRISSEY, LINDA G: THIS CAUSE COMES BEFORE THE COURT FOR DECISION ON LANA TYREE'S MOTION TO INTERVENE AND PLAINTIFF'S, OKLAHOMA ONCOLOGY & HEMATOLOGY, P.C., AN OKLAHOMA PROFESSIONAL CORPORATION, D/B/A CANCER CARE ASSOCIATES (CCA), MOTION TO APPROVE ESCROW DEPOSIT IN LIEU OF BOND AND TO DISSOLVE LIEN. AFTER CONSIDERING ALL BRIEFS AND AUTHORITY PRESENTED, THE COURT, BEING FULLY ADVISED IN THE PREMISES, HEREBY FINDS AND ORDERS AS FOLLOWS:

I. LANA TYREE'S MOTION TO INTERVENE MS. TYREE SEEKS TO INTERVENE “TO DISCOVER THE FULL AND COMPLETE TERMS OF THE ALLEGED CONFIDENTIAL SETTLEMENT, PROTECT HER RIGHTS UNDER THE CONTINGENCY FEE AGREEMENT, AND ENFORCE HER LIEN AGAINST PLAINTIFF'S ENTIRE RECOVERY.” PLAINTIFF, CCA, HAS NO OBJECTION, “PROVIDED THAT THE INTERVENTION IS LIMITED TO ISSUES RELATED TO THE ATTORNEY'S LIEN CLAIM … FILED FEBRUARY 7, 2011.” DEFENDANTS, U.S. ONCOLOGY, INC., AND AOR MANAGEMENT COMPANY OF OKLAHOMA, INC. (U.S. ONCOLOGY, INC. AND AOR), HAVE NO OBJECTION “FOR THE LIMITED PURPOSE OF ADDRESSING [TYREE'S] CLAIMED ATTORNEY'S LIEN.”

IN A CASE WITH SIMILAR FACTS, THE RIGHT OF A PRIOR ATTORNEY TO INTERVENE TO ENFORCE AN ATTORNEY'S LIEN IS RECOGNIZED IN GIBBS V. GEICO GENERAL INSURANCE CO., 2006 OK CIV APP 104, 143 P.3D 235, 237. THE APPELLATE COURT HELD THAT “CUMMINGS HAD A SUFFICIENT 'INTEREST' IN THE SETTLEMENT PROCEEDS TO AUTHORIZE HIS INTERVENTION BY RIGHT IN THE LAWSUIT. 12 O.S. SUPP. 2005 § 2024(A).” ACCORDINGLY, THE MOTION OF TYREE TO INTERVENE IS GRANTED FOR THE PURPOSE OF ENFORCING HER LIEN ON THE VALUE OF THE SETTLEMENT. THE PARTIES ARE DIRECTED TO PROVIDE TYREE'S COUNSEL A COPY OF THE PROPOSED SETTLEMENT AGREEMENT DOCUMENTS, SUBJECT TO A PROTECTIVE ORDER. TYREE HAS THE RIGHT TO CONDUCT DISCOVERY ON THE UNDERLYING SETTLEMENT AND ALL DISCOVERY SHALL BE CONDUCTED UNDER SEAL AND SHALL BE LIMITED TO THE TERMS OF THE SETTLEMENT AND VALUE OF THE SETTLEMENT. DISCOVERY CUTOFF IS MAY 15, 2012.

II. PLAINTIFF'S MOTION TO APPROVE ESCROW DEPOSIT IN LIEU OF BOND AND TO DISSOLVE LIEN. PLAINTIFF SEEKS APPROVAL OF THE COURT TO “REQUIRE 15% OF THE SUM RECEIVED BY [PLAINTIFF] UNDER THE TERMS OF THE SETTLEMENT TO BE WITHHELD FROM SETTLEMENT PROCEEDS AND DEPOSITED INTO THE TRUST ACCOUNT OF THE ATTORNEY FOR [PLAINTIFF] … AND TO BE HELD IN THAT TRUST ACCOUNT TO BE DISTRIBUTED UNDER THE FURTHER ORDER OF THIS COURT AND NOT OTHERWISE.” DEFENDANTS, U.S. ONCOLOGY, INC. AND AOR, JOIN IN THE MOTION “TO DEPOSIT A SUM OF MONEY INTO ESCROW TO DISCHARGE THE ATTORNEY'S LIEN CLAIMED BY MS. TYREE, IN LIEU OF FILING A BOND IN SUCH AN AMOUNT.” U.S. ONCOLOGY, INC. AND AOR ASSERT THAT “PURSUANT TO 5 O.S. § 10, AN ATTORNEY'S LIEN MAY BE DISCHARGED BY THE FILING OF A BOND IN AN AMOUNT ESTABLISHED BY THE COURT.” IN LIEU OF PROCURING A BOND, U.S. ONCOLOGY, INC. AND AOR ARGUE THAT BECAUSE “ATTORNEY'S LIENS ARE MATTERS OF EQUITABLE COGNIZANCE” KELLY V. OLD REPUBLIC INS. CO., 1995 OK CIV APP 26, 892 P.2D 668, 669, “THE COURT MAY ALLOW THE ALLEGED DEBT REPRESENTED BY AN ATTORNEY'S LIEN TO BE SECURED BY OTHER MEANS AND TO DISCHARGE THE LIEN ONCE SUCH DEPOSIT IS MADE.”

TYREE “REQUESTS THAT THE SUM CERTAIN BE PLACED IN FULLY-INSURED, INTEREST BEARING ACCOUNTS MANAGED BY A COURT-APPOINTED FIDUCIARY, TO WHICH MS. TYREE'S ATTORNEYS LIEN MAY ATTACH AND PENDING THE FURTHER ORDER OF THE COURT, OR IN THE ALTERNATIVE, THAT THE COURT REQUIRE CCA TO POST AN ADEQUATE BOND IN EXCESS OF THE SUMS DUE TO MS. TYREE.”

TO EFFECT THE OBJECTIVES OF THE PARTIES TO BOTH CONSUMMATE THE SETTLEMENT AND SECURE TYREE'S LIEN, THE COURT APPOINTS RUSSELL MULINIX OF THE FIRM, MULINIX OGDEN HALL AND LUDLAM, (3030 OKLAHOMA TOWER, 210 PARK AVENUE, OKLAHOMA CITY, OKLAHOMA 73102, 405-232-3800) AS SPECIAL MASTER REFEREE TO HOLD BETWEEN 15% AND 20% OF THE NEGOTIATED SETTLEMENT AMOUNT IN A FULLY-INSURED, INTEREST BEARING ACCOUNT. REFEREE MULINIX SHALL ADVISE THE COURT OF THE PERCENTAGE OF THE SETTLEMENT AMOUNT THAT SHOULD BE WITHHELD TO SECURE TYREE'S LIEN. MULINIX SHALL PRESIDE OVER DISCOVERY ISSUES AND ALSO MAKE RECOMMENDATIONS TO THIS COURT ON THE REASONABLENESS OF THE UNDERLYING SETTLEMENT. PLAINTIFF, DEFENDANT, AND TYREE SHALL PROPORTIONALLY BEAR THE COST OF THE REFEREE.

A COPY OF THIS MINUTE WAS MAILED AND FAXED TO: C. CRAIG COLE, JOHN H. TUCKER, LINDA SCOGGINS, JAMES STURDIVANT, J. WILEY GEORGE, RUSSELL MULINIX

See Court Docket Sheet: http://www.oscn.net/applications/oscn/GetCaseInformation.asp?number=CJ-2005-929&db=Tulsa&submitted=true

Outcome: Settled and dismissed.

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Defendant's Experts:

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