-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, NFOENFZo6r0NxCwt+sEGtbdPsCS2CoO1RTK03kH/ARj2IbGsr4oGWQmHNgvzhJ// +vdnjuKmbnnGJlpsSY2jaA== 0000898430-02-002809.txt : 20020807 0000898430-02-002809.hdr.sgml : 20020807 20020807163242 ACCESSION NUMBER: 0000898430-02-002809 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20020807 ITEM INFORMATION: Financial statements and exhibits ITEM INFORMATION: FILED AS OF DATE: 20020807 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DAVITA INC CENTRAL INDEX KEY: 0000927066 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-MISC HEALTH & ALLIED SERVICES, NEC [8090] IRS NUMBER: 510354549 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-04034 FILM NUMBER: 02721919 BUSINESS ADDRESS: STREET 1: 21250 HAWTHORNE BLVD STREET 2: STE 800 CITY: TORRANCE STATE: CA ZIP: 90503-5517 BUSINESS PHONE: 3107922600 MAIL ADDRESS: STREET 1: 21250 HAWTHORNE BLVD SUITE 800 CITY: TORRANCE STATE: CA ZIP: 90503-5517 FORMER COMPANY: FORMER CONFORMED NAME: TOTAL RENAL CARE INC DATE OF NAME CHANGE: 19940719 FORMER COMPANY: FORMER CONFORMED NAME: TOTAL RENAL CARE HOLDINGS INC DATE OF NAME CHANGE: 19950524 8-K 1 d8k.htm FORM 8-K Prepared by R.R. Donnelley Financial -- Form 8-K
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 

 
FORM 8-K
 
CURRENT REPORT
 
Pursuant to Section 13 or 15(d) of The Securities Exchange Act of 1934
 
Date of Report (Date of earliest event reported): August 7, 2002
 

 
DAVITA INC.
(Exact name of registrant as specified in its charter)
 
Delaware
(State or other jurisdiction
of incorporation)
 
1-4034
(Commission
File Number)
 
51-0354549
(IRS Employer
Identification No.)
 
21250 Hawthorne Boulevard, Suite 800,
Torrance, California
(Address of principal executive offices)
 
90503
(Zip Code)
 
Registrant’s telephone number, including area code: (310) 792-2600
 


 
Item 7.    Financial Statements, Pro Forma Financial Statements and Exhibits.
 
(c)  Exhibits
 
Exhibit Number

  
Description

99.1
  
Statement Under Oath of Principal Executive Officer Regarding Facts and Circumstances Relating to Exchange Act Filings dated August 7, 2002
99.2
  
Statement Under Oath of Principal Financial Officer Regarding Facts and Circumstances Relating to Exchange Act Filings dated August 7, 2002
 
Item 9.    Regulation FD Disclosure
 
On August 7, 2002, each of the Principal Executive Officer, Kent J. Thiry, and the Principal Financial Officer, Richard K. Whitney, of DaVita Inc. submitted to the Commission sworn statements pursuant to the Commission’s June 27, 2002 Order Requiring the Filing of Sworn Statements Pursuant to Section 21(a)(1) of the Securities Exchange Act of 1934 (No. 4-460).
 
A copy of each of these statements is attached hereto as Exhibits 99.1 and 99.2.

2


 
SIGNATURES
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
DAVITA INC.
By:
 
/s/    STEVEN J. UDICIOUS        

   
Steven J. Udicious
Vice President, Secretary
and General Counsel
 
Date: August 7, 2002

3


 
EXHIBIT INDEX
 
Exhibit Number

  
Description

99.1
  
Statement Under Oath of Principal Executive Officer Regarding Facts and Circumstances Relating to Exchange Act Filings dated August 7, 2002
99.2
  
Statement Under Oath of Principal Financial Officer Regarding Facts and Circumstances Relating to Exchange Act Filings dated August 7, 2002

4
EX-99.1 3 dex991.htm STMNT. UNDER OATH OF PRINCIPAL EXECUTIVE OFFICER Prepared by R.R. Donnelley Financial -- Stmnt. under oath of Principal Executive Officer
 
EXHIBIT 99.1
 
OMB Number: 3235-0569
Expires:    January 31, 2003
 
STATEMENT UNDER OATH OF PRINCIPAL EXECUTIVE OFFICER
REGARDING FACTS AND CIRCUMSTANCES
RELATING TO EXCHANGE ACT FILINGS
 
I, Kent J. Thiry, Chairman and Chief Executive Officer, state and attest that:
 
1.  To the best of my knowledge, based upon a review of the covered reports of DaVita Inc. (the “Company”), and, except as corrected or supplemented in a subsequent covered report:
 
A.  No covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and
 
B.  No covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed).
 
2.  I have reviewed the contents of this statement with the Company’s audit committee.
 
3.  In this statement under oath, each of the following, if filed on or before the date of this statement, is a “covered report”:
 
A.  Annual Report on Form 10-K405 for the year ended December 31, 2001 of DaVita Inc.;
 
B.  All reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of DaVita Inc. filed with the Commission subsequent to the filing of the Form 10-K405 identified above; and
 
C.  Any amendments to any of the foregoing.
 
 
/s/    KENT J. THIRY        

     
 
Before me this 7th day of August, 2002.
Kent J. Thiry
Chairman, Chief Executive Officer
       
 
Date:            August 7, 2002

     
 
/s/    NADIA ANTOUN, Notary Public        

Notary Public
 
My Commission Expires:
 
April 2, 2003

       
 
NADIA ANTOUN
Comm. # 1214850
NOTARY PUBLIC – CALIFORNIA
Los Angeles County
My Comm. Expires April 2, 2003
 
EX-99.2 4 dex992.htm STMNT. UNDER OATH OF PRINCIPAL FINANCIAL OFFICER Prepared by R.R. Donnelley Financial -- Stmnt. under oath of Principal Financial Officer
 
EXHIBIT 99.2
 
OMB Number: 3235-0569
Expires:    January 31, 2003
 
STATEMENT UNDER OATH OF PRINCIPAL FINANCIAL OFFICER
REGARDING FACTS AND CIRCUMSTANCES
RELATING TO EXCHANGE ACT FILINGS
 
I, Richard K. Whitney, Chief Financial Officer, state and attest that:
 
1.  To the best of my knowledge, based upon a review of the covered reports of DaVita Inc. (the “Company”), and, except as corrected or supplemented in a subsequent covered report:
 
A.  No covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and
 
B.  No covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed).
 
2.  I have reviewed the contents of this statement with the Company’s audit committee.
 
3.  In this statement under oath, each of the following, if filed on or before the date of this statement, is a “covered report”:
 
A.  Annual Report on Form 10-K405 for the year ended December 31, 2001 of DaVita Inc.;
 
B.  All reports on Form 10-Q, all reports on Form 8-K and all definitive proxy materials of DaVita Inc. filed with the Commission subsequent to the filing of the Form 10-K405 identified above; and
 
C.  Any amendments to any of the foregoing.
 
 
 
/s/    RICHARD K. WHITNEY        

     
 
Before me this 7th day of August, 2002.
Richard K. Whitney
Chief Financial Officer
       
 
Date:                August 7, 2002

     
 
/s/    NADIA ANTOUN, Notary Public

Notary Public
 
My Commission Expires:
 
April 2, 2003

       
 
NADIA ANTOUN
Comm. # 1214850
NOTARY PUBLIC – CALIFORNIA
Los Angeles County
My Comm. Expires April 2, 2003
 

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