declaration - DrBicuspid.com

Case 1:14-cv-00871-RPM Document 16 Filed 05/30/14 USDC Colorado Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CDMO, INC. AND CDET, INC.
Plaintiffs,
CASE NO. 1:14-cv-00871-RPM-MJW
v.
SUPPLEMENTAL DECLARATION OF
DR. STEPHEN SPENCER IN SUPPORT
OF PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION
COMFORT DENTAL GROUP, INC.,
Defendant.
SUPPLEMENTAL DECLARATION OF STEPHEN SPENCER IN SUPPORT OF
PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION
I, Dr. Stephen Spencer, hereby state and affirm as follows:
1.
My name is Stephen Spencer, and from July 2008 until October 2012, I was one
of the owners of a company that operated a Comfort Dental GP dentistry office in Louisville,
Colorado. I have personal knowledge of all the contents of this Declaration and I make this
Declaration in support of Plaintiff’s Motion for Preliminary Injunction.
2.
As we understood it, all lab work (except in extreme cases) had to be referred to
the Comfort Dental labs. The quality of the products produced by the Comfort Dental labs was
so poor that we, on some occasions, used a non-Comfort Dental lab. We would order an
appliance from the non-Comfort Dental lab because quality was much higher and much more
reliable. Often when appliances were returned to the Comfort Dental lab multiple times, and still
we couldn’t get a good product from the Comfort Dental lab, we would use the outside lab for an
acceptable product – one we felt comfortable in putting in our patient’s mouth.
3.
In some cases costs were higher when using a non-Comfort Dental lab, but we felt
it was necessary to serve our patients’ best interests. To avoid the wrath of Comfort Dental, we
1
4818-6920-2971.2
Case 1:14-cv-00871-RPM Document 16 Filed 05/30/14 USDC Colorado Page 2 of 4
did not seek prior approval for using this non-Comfort Dental lab.
4.
When Comfort Dental discovered our use of an alternative lab, Dr. Rick Kushner
and Dr. Neil Norton expressed to me that they were extremely upset.
5.
Comfort Dental assessed a $50,000 out-of-system lab referral penalty on us. We
were also subjected to unprofessional and abusive name-calling of the worst order, invective,
threats, and hostile email messages, including the email message attached.
6.
Attached to this Declaration is a true and correct copy of an email message from
Neil Norton, of Comfort Dental, bearing the date “29 Aug 2012 16:46:59 - 0700,” in which my
then co-owner, Dr. Doug Duey, was berated by Neil Norton for the above-specified practice of
buying appliances from alternative labs. Dr. Duey forwarded the message to me from his then
email address, ”[email protected],” which I received on August 29th, 2012 and later stored
(“Norton Email”).
7.
This Norton Email was sent following an earlier notice from the Comfort Dental
General Counsel, Graig Bears, that our purchase and use of laboratory products appliances from
an outside (not Comfort Dental) lab was a “franchise violation.”
8.
Some weeks following the Norton Email (attached), Dr. Doug Duey (the
addressee of the Neil Norton email message and my co-owner at the Louisville office), Dr. Scott
Lowry (the third co-owner of the Louisville office), and I appeared, after having been summoned
by Rick Kushner, at a meeting at the Comfort Dental headquarters in Lakewood, Colorado.
9.
At this meeting, also attended by Graig Bears (the Comfort Dental General
Counsel) and the other four Comfort Dental partners (*), we (the partners of the Louisville
office) were admonished by Rick Kushner about the franchise violation, use of an outside lab.
Immediately thereafter, Rick Kushner announced that a $50,000 fine was being imposed on our
2
4818-6920-2971.2
Case 1:14-cv-00871-RPM Document 16 Filed 05/30/14 USDC Colorado Page 3 of 4
office/partnership. The entire sum was due and payable in 2 weeks.
10.
Dr. Kushner further threatened that if we did not timely pay the outside lab use
fine, our franchise rights would be terminated, our ownership in the office would be forfeited,
and our office would be given to others.
11.
If we didn't have the funds available to pay the $50,000 fine on time, Dr. Kushner
advised, then we should contact Leah Dirks at First Bank for a loan.
12.
During this meeting, Rick Kushner told Scott Lowry that “he should take him out
to the parking lot and beat the living shit out of him.” He then told Lowry to leave the meeting
and not to return.
13.
During the following 2 weeks, I decided that I would not pay the fine (a fine
imposed because we put our patients’ health ahead of Comfort Dental lab profits). There were a
number of follow-up email messages, the upshot of which being that I was not allowed to sell my
interest in the Louisville office, one that I had paid approximately $450,000 for over four years.
14.
In the end, I just walked away from this sad chapter in my life, effective
October 31, 2012.
15.
I declare under penalty of perjury, pursuant to 28 U.S.C. § 1746, that the
foregoing statements are true and correct to my personal knowledge.
Dated this 30th day of May, 2014.
s/Dr. Stephen Spencer
Dr. Stephen Spencer
3
4818-6920-2971.2
Case 1:14-cv-00871-RPM Document 16 Filed 05/30/14 USDC Colorado Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on May 30, 2014 I electronically filed the foregoing with the Clerk
of the Court using the CM/ECF system and served such filing to the following email addresses:
William F. Jones, Esq,
MOYE WHITE LLP
16 Market Square 6th Floor
1400 16th Street
Denver CO 80202-1486
EMAIL: [email protected]
Attorney for Defendant
s/Edna Slagle
Edna Slagle
4
4818-6920-2971.2
Case 1:14-cv-00871-RPM Document 16-1 Filed 05/30/14 USDC Colorado Page 1 of 1
Date: Wed, 29 Aug 2012 16:46:59 -‐0700 From: [email protected] Subject: norton email To: [email protected]; [email protected] Doug,
I couldnt agree with Cindy more.
Go fuck yourself, and do us all a favor and never say you ever
knew us.
You worthless, despicable piece of shit.
This will follow you forever, but maybe you'll do the world a favor
and disappear.
Neil G Norton, DDS
Exec VP/Marketing
Comfort Dental, Inc.
2540 Kipling St.
Lakewood, CO 80215

Download Report