Abu-Hatab v. Blount Memorial Hospital, Inc. et al

Filing 146

AGREED ORDER for the Clerk of the District Court for the Eastern District of Tennessee to Release Escrow Funds. Signed by Magistrate Judge H Bruce Guyton on August 4, 2011. (AYB)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TENNESSEE

MAZEN ABU-HATAB, M.D.,
Plaintiff,
vs.
BLOUNT MEMORIAL HOSPITAL, INC.,
NASEEM H. SIDDIQI, M.D., and
EXTRACORPOREAL TECHNOLOGIES, INC.,
Defendants.

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Civil Action No. 3:06-CV-436
Mag. Judge Guyton

AGREED ORDER FOR THE CLERK OF THE DISTRICT COURT

FOR THE EASTERN DISTRICT OF TENNESSEE TO

RELEASE ESCROW FUNDS

NOW COME the Plaintiff, Mazen Abu-Hatab, M.D. ("Plaintiff') and the Defendants,
Naseem Siddiqi, M.D. and Extracorporeal Technologies, Inc. (the "Siddiqi Defendants" or
"Defendants") (collectively the "Parties"), by their respective counsel, and having reached a
Settlement Agreement resolving all matters before this Court and before the U.S. Sixth Circuit
Court of Appeals, CA No. (consolidated) 09-6094/09-6550, state as follows:
Whereas the Parties agree:
1. The Plaintiff filed an action in the United States District Court, Eastern District of
Tennessee (hereinafter the "District Court") (No. 3:06-CV-436) against various
defendants, including the Siddiqi Defendants, alleging statutory, constitutional, and
common law wrongs related to the termination of his privileges to practice medicine at
Blount Memorial Hospital.
2. On April 2, 2009, the District Court granted the Defendants summary judgment.
3. On August 12, 2009, the District Court ordered that the Plaintiff pay the Defendants an
award of attorney fees, which the District Court later set at $280,530.00.
4. The Plaintiff appealed the award of attorney fees and the amount of attorney fees to the
United States Court of Appeals (hereinafter the "Court of Appeals").
5. In lieu of a bond, by agreed order signed March 10, 2011, the Plaintiff agreed to pay
$280,530.00 to the Clerk of the District Court (hereinafter the "Clerk") for deposit in a
federally-insured, interest-bearing bank account, where the money has remained pending
the appeal.

6. The case pending before the Court of Appeals has been settled and dismissed pursuant to
the Stipulation of the Parties and by Order of the Court of Appeals issued July 18, 2011
(Docket Number: 140) attached as Exhibit A.
7. The Plaintiff and Defendants wish to resolve the underlying District Court case and any and
all disputes, complaints, grievances, charges, action, petitions, and demands between them
including those related thereto, pursuant to the Settlement Agreement.
NOW, THEREFORE, pursuant to the Settlement Agreement dated July 14, 2011 made
between the Parties, Exhibit B hereto but filed under seal due to its Confidentiality terms, the
Court orders as follows:
1. The Clerk of the District Court shall distribute to the Defendants the amount as set forth
in Exhibit B (the "Settlement Amount") by way of a check made payable to "Drinker,
Biddle & Reath (Tax LD. No. 23-1423089), Naseem Siddiqi, M.D. (Tax l.D. No. _ -_
5505) and Extracorporeal Technologies, Inc." (Tax I.D. No._ - _ - 5687). The
Clerk's check shall be mailed to Warren Baker at Drinker Biddle & Reath LLP, 191 N.
Wacker Drive, Suite 3700, Chicago, IL 60606-1698.
2. After payment from the account of the Settlement Amount to the Siddiqi Defendants as
set forth in the preceding paragraph, the remainder of the moneys deposited in the
account shall be paid by the Clerk of the District Court by way of a check made payable
to Mazen Abu-Hatab, M.D. (Tax LD. No. _ - _ - 6334), and mail the check to Chris 1.
Tardio, Gideon, Cooper & Essary, PLLC, 1100 Noel Place, 200 Fourth Ave., North,
Nashville, TN 37219-2144. Thereafter the account shall be closed.
3. With the disbursements by the Clerk of this District Court as set forth above, all
outstanding issues in the District Court between the parties are hereby resolved and the
District Court case is concluded and dismissed with prejudice and without costs.

Submitted for entry,
MAZEN ABU-HATAB, M.D.

By:

~,
Chris J. Tardio, Esq.

GIDEON, COOPER & ESSARY, PLLC

1100 Noel Place, 200 Fourth Ave., North

Nashville, Tennessee 37219-2144

Telephone: [phone]

Facsimile: [phone]

Attorneyfor Mazen Abu-Hatab, MD

NASEEM H. SIDDIQI, M.D. AND
EXTRACORPOREAL TECHNOLOGIES, INC.

By:

/-Ja~&fw-

Warren von Credo Baker, Esq. (admitted pro hac vice)
Drinker Biddle & Reath LLP
191 North Wacker Drive, Suite 3700

Chicago, IL 60606

Phone: [phone]

Fax: [phone]

Harry P. Ogden (BPR #004498)

Kenny L. Saffles (BPR #023870)

Baker, Donelson, Bearman, Caldwell & Berkowitz PC

2200 Riverview Tower

900 South Gay Street

Knoxville, TN 37902

Phone: [phone]

Fax: [phone]

CHOI/25771509.2