April 22, 2004

United States District Court Northern District of Texas: Class Action Complaint vs. Odyssey Healthcare Inc.

Plaintiff, Francis Layher, individually and on behalf of all other persons similarly situated, by his undersigned attorneys, for his complaint against defendants, alleges the following based upon personal knowledge as to himself and his own acts, and information and belief as to all other matters, based upon, inter alia, the investigation conducted by and through his attorneys, which included among other things, a review of the defendants' public documents, conference calls and announcements made by defendants, United States Securities and Exchange Commission filings, wire and press releases, published by and regarding Odyssey Healthcare, Inc. security analysts' reports and advisories about the Company, and information readily obtainable on the Internet. Plaintiff believes that substantial evidentiary will exist for the allegation set forth herein after a reasonable opportunity for discovery.