UNITED STATES DISTRICT COURT 2U S jut - i~'r~ $2 MIDDLE DISTRICT OF LOUISIANA JOINT MOTION TO DISMISS CLAIMS WITH PREJUDICE AND TO DISMISS COMPLAIN T

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1 UNITED STATES DISTRICT COURT 2U S jut - i~'r~ $2 MIDDLE DISTRICT OF LOUISIANA FRANCES UNGER CIVIL ACTION S1GNUY C ra VERSUS NUMBER D- 1 AMEDISYS, INC., ET AL consolidated with BRANDON JOSEPH BUECH E VERSUS CIVIL ACTION NUMBER D- 1 AMEDISYS, INC., ET AL JOINT MOTION TO DISMISS CLAIMS WITH PREJUDICE AND TO DISMISS COMPLAIN T NOW INTO COURT, through undersigned counsel, come Amedisys, Inc., the Estate Of John Joffrion, William F. Borne, Larry R. Graham, and United National Insurance Company (collectively "Defendants") and Gordon Ellis, Mary Lou Ellis, Brandon Bueche, Kenneth Lo, William Patterson, and Frances Unger (collectively "Plaintiffs") and file this Joint Motion to Dismiss Claims with Prejudice and to Dismiss Complaint and respectfully show the Court a s follows : To avoid, among other things, the costs, risks and uncertainties of litigation, Plaintiff s and Defendants have agreed to a settlement. In light of these uncertainties and risks, both Plaintiffs and Defendants believe that the settlement is appropriate and fair. In accordance with the settlement, Plaintiffs and Defendants jointly move to dismiss with prejudice the Plaintiffs' individual claims on the grounds that this matter has been fully and finally compromised. In addition, the Parties jointly move to dismiss this suit without prejudice. 7931Svl

2 No class is presently certified in this action. The dismissal of this action would be without prejudice to any claims of any putative class members or anyone else otherwise not named in the motion to dismiss. Because no class is certified, no court review of the terms of the settlement is required in accordance with Rule 23. See Comment (e)(1) to the 2003 Amendments to Federal Rule of Civil Procedure 23. In addition, because no class is certified, the dismissal is not res judicata against the absent putative class members, and dismissal may be permitted without notice to the putative class members. Id. ("notice is not required when the settlement binds only the individual class representatives"). WHEREFORE, for the above stated reasons, the Parties move to dismiss with prejudice the claims of Gordon E llis, Mary Lou Ellis, Brandon Bueche, Kenneth Lo, William Patterson, and Frances Unger and to dismiss this suit without prejudice, each party to bear its own costs. Dated:, 2006 Respectfully submitted, McKEITHEN, McKEITHEN & BOHMA N By: v Marjo A. ckeithen (#21767) Martin S. Bohman (#22005 ) Perkins Road, First Floor Baton Rouge, Louisiana (225) and 79318v1 10

3 STULL, STULL & BRODY By : -M "L/` Jules Brod y Mark Levin e 6 East 45th Street New York, NY (212) and KELLER ROHRBACK L.L.P. By : Lynn Lincoln Sarko Juli F. Desper Elizabeth A. Leland 1201 Third Avenue, Suite 3200 Seattle, WA (206) Counsel for Plaintiffs Gordon Ellis, Mary Lou Ellis, Brandon Bueche, Kenneth Lo, and William Patterson and France s Unger v] 11

4 STULL, STULL & BRODY By: - Jules Brod y Mark Levine 6 East 45th Street New York, NY (212) an d KELLER ROHRBACK L.L.P. By',yn Li coin Sarko Juli F. esper `Elizabeth A. Leland 1201 Third Avenue, Cite 3200 Seattle, WA (206) Counsel for Plaintiffs Gordon Ellis, Mary Lou Ellis, Brandon Bueche, Kenneth Lo, and William Patterson and Frances Unge r 79318vt

5 CORRERO FISHMAN HAYGOOD PHELPS WALMSLE Y & CASTEIX, LLP B Y : James wanson Loretta G. Mince 201 St. Charles Avenue New Orleans, LA Attorneys for Defendants Amedisys, Inc., the Estate Of John Joffrion, William F. Borne, and Larry R. Graham LISKOW & LEWI S By, r Vw\ L T Ja es own U Join C. nj ier 701 dras Street Suite 5000 New Orleans, LA CERTIFICATE OF SERVICE Attorneys for Defendant United National Insurance Company I HEREBY CERTIFY that a copy of the above and foregoing pleading has been served upon all counsel of record by placin n same in the United States mail, properly addressed and postage prepaid, this _day of i Sett]ementAgreennent.O doc 79318v1 1 2

6 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA FRANCES UNGE R VERSU S CIVIL ACTION NUMBER 0I-703-D- 1 AMEDISYS, INC., ET AL consolidated with BRANDON JOSEPH BUECH E VERSUS CIVIL ACTION NUMBER D- I AMEDISYS, INC., ET AL ORDER Considering the foregoing motion, IT IS HEREBY ORDERED that the claims of Gordon Ellis, Mary Lou Ellis, Brandon Bueche, Kenneth Lo, William Patterson, and Frances Unger brought in the above captioned lawsuits be and are hereby dismissed with prejudice ; IT IS FURTHER ORDERED that the above captioned lawsuits be and hereby dismissed without prejudice, and without notice to the putative class, each party to bear its own respective costs. Baton Rouge, Louisiana, this day o f UNITED STATES DISTRICT JUDGE Scttlcnientngrcemen doc 79318v1