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SUMMARY NOTICE OF CLASS ACTION SETTLEMENT
TO: ALL PERSONS WHO, at any time between April 11, 2002 through March 1, 2007 requested copies of his or her patient records from Chart One, Inc. (Chart One), and/or a medical provider pursuant to California Evidence Code § 1158 and were charged and paid ChartOne for the production of the patient records produced by it.
THIS NOTICE AFFECTS YOUR RIGHTS;
PLEASE READ IT CAREFULLY.
Notice is hereby given that a class action settlement (the “Actions”) is now
pending in the Superior Court of the State of California for the County of San
Diego (the “Court”), entitled Jasmin Reece, et al v. Chart One, Inc., Case No:
GIC864290 and Melissa Jackson v. ChartONE, Inc., et al, Case No:
GIC864155. In the Actions, the Representative Plaintiffs allege that the
amount charged for copies of patient records by ChartOne violated California
Evidence Code § 1158. The Representative Plaintiffs seek injunctive relief,
damages, and other relief. Chart One has denied and continues to deny each
and all of the claims, allegations and contentions alleged by the Representative
Plaintiffs in the Action.
A settlement has been preliminarily approved by the Court. Under the
Settlement, ChartOne has agreed to reimburse each Settlement Class
Member who submits a timely claim with reasonable proof of payment the
amount of $28.00 per occurrence and has agreed to comply with California
Evidence Code § 1158 when a request for patient’s records is made pursuant
to that Section.
As part of the Settlement, ChartOne has reserved the right to seek a Court
Order declaring that the settlement reached with the Participating Class
Members is a “good faith settlement” within the meaning of California Code
of Civil Procedure § 887.6.
If you do not want to remain a Settlement Class Member, you may elect to
exclude yourself. To exclude yourself from the Settlement, you must send a
letter so stating to Plaintiffs’ counsel: Sheldon A. Ostroff, 1441 State Street,
San Diego, CA 92101. The letter must be postmarked no later than July 11,
2008, and must be signed by the Class Member.
The Honorable Jay M. Bloom will hold a fairness hearing on July 25, 2008
at 11:00 a.m. in Department 70 of the San Diego Superior Court. If you are a
member of the Settlement Class, you may appear at the fairness hearing and/or
file a written comment or objection to the proposed Settlement. If you wish to
appear at the hearing and comment or object to the Settlement, you must file
a written statement of your intention to do so. All comments or objections or
statements of intention to appear must be filed with the Clerk of the Court,
Superior Court of San Diego County, Department 70, 330West Broadway, San
Diego, California 92101 and mailed to Plaintiffs’ counsel and Defendant’s
counsel on or before July 11, 2008.
To learn more about the Settlement and your rights as a Settlement Class
Member, you may review the file in the Action including the Stipulation of
Settlement at the courthouse where theAction is pending which is located at 330
West Broadway, San Diego, California 92101, or go to
PLEASE DO NOT CALL ORWRITE
THE COURTABOUT THIS NOTICE
Dated: April 25, 2008 BY ORDER OF THE COURT
HONORABLE JAYM. BLOOM
JUDGE OF THE SUPERIOR COURT
FILE NO. 2008-013753
FICTITIOUS BUSINESS NAME
THE FOLLOWING PERSON(S) IS (ARE) DOING BUSINESS AS: UPTOWN DELIGHT, 6310 NANCY RIDGE DR STE 108, SAN DIEGO, CA 92121 (SAN DIEGO). The full name of registrant(s) is/are: SARAH J. LEE, 1474 GROVE ST, SAN FRANCISCO, CA 94117. This Business is being conducted by a/an: INDIVIDUAL. The registrant commenced to transact business under the fictitious business name/names listed above on: 3/5/2008.
I declare that all the information in this statement is true and correct. (A registrant who declares true, information which he knows to be false, is guilty of a crime).
/s/ SARAH J. LEE
This statement was filed with the County Clerk of SAN DIEGO County on 4/24/08 indicated by file stamp above.
NOTICE-THIS FICTITIOUS NAME STATEMENT EXPIRES FIVE YEARS FROM THE DATE IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED PRIOR TO THAT DATE. The filing of this statement does not of itself authorize the use in this state of a fictitious business name statement in violation of the rights of another under federal, state, or common law (See Section 14411 et seq., Business and Professions Code).
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