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37 201 9 cA 001 51 1 - LADELE, cREcoRy A vs MHM HEALTH pRoFEsstoNALS LLc

spCVWeb*parties 2939080

Party

$tatus

DISMISSED

DISMISSED

DISMISSED

DISMISSED

Party

cTNTURt"ON MANAGEp CARE OF.F!=ORtpA

LLC IBAI€NIUB!qMI-IM HEALTH PROFF$SIONALS LLC ,

CENTURION MANAGED CARE OF FLORIDA

I.I-C DBA QENTURIO ,

CENTURION MANAGED CARE OF FLORIDA

I-LC DBA CENTURIO .

OFNTURIQN \4ANAGED_G,ARE OT TLQRI D3

LLC DBA CENTURIO ,

LADELE.-GRE-GORY A

Farty code Attorney tfiiffit

DEFENDANT PRO SF ACTIVF

DEFENDANT PRO SE ACTIVE

DEFENDANTffi ACTIVE

nEFENnANr fiffiEVt* Acrvr

DEFENDANT F#:l"I4-aqBEA Ac'vE

PLAINTIFF MARIE A MATTOX ACTIVE

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spCVWeb*disposition 2939080

Action Dscr Open/Reopen

Status

OPEN

Open/Reopen

Date

6t27t2A1S

Disposition Disposition

Date Judge

OTHER DEMPSEY

DISCRIMINATION

ToB of Patre

spCVWeb_ptych rg_su mmary 2939080

Charge

#

Acticn

Gode 0escription Plea

Date Plea Decision

Date

Court

^Action

Charge

Disposition Citation

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spcvWE B_get_casejud ge_h istory 2939080

Last Nama

DEMPSEY

Judges Appearing cn Case

First Name Date Assigned ANGELA 6128t2019 5:21:11pM

Source

BM

Ton of Page

On Request

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CClSSeqNbr Docket Cgde..._ Docket Text

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https://cvweb.clerk.leon.fl.us/public/online_services/search_courts/process.asp?report:full... 211012020

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 2 of 85
Leon County Clerk Of Courts Public Web Site Page 2 of 3

6/27t2A19

6t27t2019

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6t28t2019

9t17t2A19

sn7t2a19

9t17t2019

9t20t201s

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CgMp*CA_;#J COMPLAINT

SUIS-# SUMMONS ISSUFD

a002 JUDGfi DEMP$EY, ANGELA C

ASSIGNED

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RECEIPT li,,ii

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PAYMENT $41 O.OO RECEIPT

#1439482

DEFENDANTS MOTION TO

DISMISS OR, IN THE

ALTERNATIVF, FOR A MORE

DTFINITE STATEMENT

NOTICE OF APPEARANCE FILED

NOTICE OF APPEARANCE FILED

NOTICH OF APPEARANCE FILED

CORRECTED NOTICE OF

APPEARANCE

NOTICE OF HEARING

MOTION HEARING SET FOR

0111612020 AT 10:00 AM lN 301E,

JDG: DEMPSEY, ANGELA C

NOTICE OF DISCLOSURE

NOTICE OF SERVICE OF

DEFENDANTS FIRST SET OF

INTERROGATORIES TO PLAINTIFF

GREGORYA. LADELE, D.O.

DEFENDANT CENTURION OF

FLORIDA, LLCS FIRST SET OF

REQUEST$ FOR PRODUCTION TO

PLAINTIFF GREGORY A. LADETE

NOTICE OF CANCELLATION OF

HTARING

EMAIL SENT TO JUDGE

DEMPSEYS JA RE SERVICE OF

couRT DOCUMENT O 2019 CA

00151 1, LADHLE, GREGORY A VS.

CTNTURION MANAGED CART OF

FLORIDA LLC DBA CTNTURIO

WITH l ATTACHMENTS:

NCNH-1i 13/2020

PLAINTIFFS MOTION FOR

EXTENSION OF TIME TO FILE

AMENDED COMPLAINT IN

RESPONSE TO DEFENDANTS

MOTION TO DISMISS, OR IN THE

ALTERNATIVE, FOR A MORE

DEFINITE STATEMENT

AMENDED COMPLAINT

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Event

MOTION

HEARING

MOTION

HEARING

Daie

1t1U2420

10t16t2019

Start

10:00

AM

10:00

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Lecation

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301 E

Judge Result

DEMPSEY CANCELLED

DEMP$EY [5RREt?l*5D 

- EVENr

Source

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https://cvweb.clerk.leon.fl.us/public/online_services/search _courts/process.asp?report=full... 21I012020

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 3 of 85
Leon County Clerk Of Courts Public Web Site Page 3 of3

Docket Application

COMPLAINT

SUMMONS ISSUFD

spCMiVeb_arpty 2939080

Ordered Amt

Owed

$400.00

$10.00

Paid

$400.00

$10.00

Dismissed

$0.00

$o.oo

Due

$0.00

$0.00

fon.gl-Ppqe

Paid

Ar Plan

Dismissed Balance Delinquent

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sp CMrVe b_a rsched 2939080

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Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 4 of 85
Filing # 91191901 E-Filed 0612712019 02:35:48 PM

FORM 1.997. CIVIL COVER SHEET

The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings

orotherdocumentsasrequiredbylaw. ThisformmustbefiledbytheplaintifforpetitionerfortheuseoftheClerkof

Court for the purpose of reporting judicial workload data pursuant to section 25.075, Florida Statutes. (See instructions for

completion.)

CASE STYLE

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT,

IN AND FOR LEON COUNTY, FLORIDA

Case No.: 2019 CA 001511

Judge

GREGORY A LADELE

Plaintiff

VS.

CENTUzuON MANAGED CARE OF FLOzuDA LLC dba CENTURIO

Defendant

II. TYPE OF CASE

n Condominium

[] Contracts and indebtedness

f! Eminent domain

n Auto negligence

tr Negligence - other

! Business governance

n Business torts

! Environmental/Toxictort

! Third party indemnification

n Construction defect

n Mass tort

I Negligent security

tr Nursing home negligence

n Premises liability - commercial

n Premises liability - residential

! Products liability

n Real Property/Mortgage foreclosure

tr Commercial foreclosure $0 - $50,000

tr Commercial foreclosure $50,001 - $249,999

I Commercial foreclosure $250,000 or more

! Homestead residential foreclosure $0 - 50,000

! Homestead residential foreclosure $50,001 -

$249,999

n Homestead residential foreclosure $250,000 or

more

n Non-homestead residential foreclosure $0 -

$50,000

n Non-homestead residentialforeclosure

$50,001 - $249,999

I Non-homesteadresidentialforeclosure

$250,00 or more

! Other real property actions $0 - $50,000

n Other real property actions $50,001 - $249,999

n Other real property actions $250,000 or more

n Professionalmalpractice

I Malpractice - business

n Malpractice - medical

n Malpractice - other professional

X Other

n AntitrusVTrade Regulation

n Business Transaction

! Circuit Clvil - Not Applicable

n Constitutionalchallenge-statuteor

ordinance

tr Constitutionalchallenge-proposed

amendment

n Corporate Trusts

X Discrimination-employmentorother

n lnsurance claims

n lntellectual property

n Libel/Slander

tr Shareholder derivative action

n Securitieslitigation

tr Trade secrets

n Trust litigation

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 5 of 85
GOMPLEX BUSINESS COURT

This action is appropriate for assignment to Complex Business Court as delineated and mandated by the

Administrative Order. Yes tr No X

REMEDIES SOUGHT (check all that apply):

X Monetary;

X Non-monetary declaratory or injunctive relief;

X Punitive

IV NUMBER OF CAUSES OF AGTION: ( )

(Specify)

V IS THIS CASE A CLASS ACTION LAWSUIT?

,! Yes

X No

HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?

XNo

I Yes - lf "yes" list all related cases by name, case number and court:

vil. IS JURY TRIAL DEMANDED IN COMPLAINT?

X Yes

trNo

I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and

that I have read and will comply with the requirements of Florida Rule of Judicial Administration 2.425.

signature s/ Marie A Mattox FL Bar No.: 739685

Attorney or party (Bar number, if attorney)

Marie A Mattox 06/2712019

(Type or print name) Date

I

VI

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 6 of 85
GREGORY A. LADELE, D.O.,

Plaintiff,

TN TE'E CIRCUIT COURT OF'THE

SECOI\D JUDICIAI., CI,RCUIT TN AAID

FOR LEON COUNTY, FLORIDA

CASE NO.: r9-CAFI, BAR NO.:0739685

v

CENTURION MANAGED CARE OF

FLORIDA, LLC. DlBI A CENTURION,.

LLC,

Defendant.

CO[,IPLAINT

Plaintiflf, CRECORY A. LA,DELE, D-O. ("Dr. Ladele"), hereby sues Defcndant,

CENTUR.ION MANACED CAR.E O.F FLORIDA, LLC DlBlA CENTURION, LLC

("Ccnturion"), and ullcges:

NATURX OF THE ACTION

l. This is Bn action for whistleblower discrintination and retaliatjon brought pursuant

to 5\{46,1,02, Florida Statutes and ruce and age discrimination and rctaliation brought pursuant to

Chapter 760, Florida Statutes.

. 2. 'lhis action inr.olves claims rvhich are, individually, in excess of Fifteen Thousand

Dollars ($15,000.00), exclusivc of costs and jntoresf.

PARTIE$

3. Dr. Ladele, is an African-American male who, at ali relevant times. was under 40

years old. He is an osteopath,ic physician who has been practicing general medicine in Ftorida since

2013. He is thus suiigris.

I

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 7 of 85
4. Defendant is a privatc, for-profir health care provider that specializcs in providing

health care services in jail and prison settings. It is a Delaware cbrporation with its prinoipal p.lace

of business in St. Louis, rVissouri, At all relevant times, Defendant corrduoted business in Leon

Counfy, Florida as "Cerrturion, LLC" or "Centurion Florida," under a conhact rvith the Florida

Department of Corcctior:s ("DOC") to provide health carc to inmates at.DOC's Main Reccprion

and Medical Ccnter in Lake Butler ("RMC"). At all relevant timcs, Dcfendant was authorized to

corrduct business under the laws of the statc of Florida arrd was subjcct to the provisions of ths

statutes enurnerared hercin. At all retevant times, .Defendant was Dr. Ladele's employer as that

term is clefined in the statutory provisions cited herein.

CONDT'TTONS PRECEDENT

5. Plajntiff has satisfied all conditions precedent io bringing this action in that Plaintiff

filed a charge of discrirnination with rhe Florida Commission on l-luman Rclations and rvith the

EEOC.

STATEMENT O}' UI,TIMATE FACTS

6. ln July 2014, Dr. Ladele was first hired by a company called Corizon,.L.LC

("CorDon") to rvork under a contract with DOC as Chief Health Officer at a DOC faciliry in

Chipley, Florida.

7. In August 2015, Corizon promoted Dr. .Ladele to the position of Associate Regional

Medical Director for some of the medical facilities it operates at RMC (a largc prisoo-medical

complex).

8. Plaintiffs duties and rcsponsibilities as Medical Director at RMC included, amoDg

othcr fhings, managing the staff and operations of a 120-bed hospital for irrnrates; a 24-hour urgent

care clinic; cancer, dialysis, and surgical centers; and a radiology/imaging department.

)

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 8 of 85
9. ln May 2016, Defendant "bought out," or otherwise look over Corizon's contract

with DOC for the opemtion of medical facilities at RMC. When this happened, Defendant hired Dr.

Ladele to continue in his position as Regional Merlicat Director for RMC.

10. Alrer Def'endant hired him, Dr. Ladele reported, on clinical matters, directly to Dr.

Daniel Cherry lII, Def'endant.'s Stlte Medical Director, a Caucasian male who at all rclevant times

\ryas over 40 ycars olcl. Employmcnt dccisions aboul Plain(ifFs employment werc madc frorn

Defendant's corporate office in Leon County, Florida.

I l. Defendant also artswered, on adrninislrative matters, to RMC Health Scrvices

Administrator ("FISA') Priscilla Roberts and Dcfendant's Director of Opcrations, Tamara Taylor,

botlr Caucasiao females who, at all relevant times were over 40 years old.

lr2. Aftcr sevcral months of his employment with Defendant, Dr. Ladele was subjected

by Defbndant to inferior, differential treatment in comparison to his older, Caucasian colleagues.

13. Throughout his tenure with Dcfendant, Dr. Ladele repeatedly colnplained and raised

questions and concerns about thc lcvel of stoffing at RMC; the quality of carc beingprovided by

Defendant's stafT; as well as how Defendant's practices, policies, and procedurcs (or its failure to

follow them) affected *re quality of care delivered to inmates. Dr. Laclele also raised concerns

about Defendant's conrpliance with the v*rious indusrry and govemmental standards, rules, and

regulations governi.ng *re delivery of such care, including numerous statutes and regulations

concerning health care facilities management and standards for the delivery o[ care under the

jurisdiction of or prornulgated by, Florida's Agency for Healthcare Administration and the Florida

Department of Health.

)

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 9 of 85
t4. The concerns and cornplaints Dr. Ladele raised regarding the standard ol. care being

observed by Defendant and its employees also led to Dr, Ladele receiving inferior, differential

treatment in comparison to colleagues and co-workers rvho raised no similar complaints.

15. The complaints and concerns Dr. Ladele raised werc about Defendant's delivery and

quality of care to inmates not nrccting the standanl of carc rcquired under these circumstanccs.

16. On or about January 31,2017, Dr. Ladele wrote a lengthy and detailed e-mail to,

arnong others, Dr. Cherry and Dr. Cherry's boss, Dr, Jeff Keller, Defendant's Chief Medica'l

Officer and Vice President of Operatious, Vicki Love. [n this e-mail, Dr. Lade le explained in derail

thc gravc conccms hc had with how short-staffcd Del'endant's operation at RMC had becomc.

17. Dr. Ladele's January 31, 2017 email set tbrth and described some action items he

had proactively come up with for himself to ameliorute lhe problems Defendant's chronic shortstatling rvere causing hirn and his staff.

18. However. Dr, Ladole's January 31,2017 e-mail was ignored, He followed it up rvith

anothcr c-mail to thc sanre people on March 30, 2017, addressing the same issues and concems. ln

this e-mail, Dr. Ladele described the progress he had ntadeon tbc action itenrs he had proactively

assigned himself in the January 31,2017 email.

19, Dr. Cherry made it known to Dr. Ladele that he was not happy with Dr. Ladele

sending out e-mails crilical of the way Defendant was managing .RM.C. Specifically, Dr. Cherry

rvarned Dr. Lade le that his e-lnails "may not go ovcr wcll" with scnior Centurion mauagcment and

rhat .Dr. Ladele should be especially careful since he was "the highest paid Regional Mcdical

Director company-wide."

20. Throughout his emplolment with Dcfendant, Dr. Ladele raised concerns to senior

management about the perfiormance of HSA Priscilla Roberts, a woman known to have used racial

4

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 10 of 85
slurs against RMC eniployecs in the past, nearly costing Roberts her job. Specifically, Roberts had

called sorneone a "ghetto nigeer" and Plaintiff voiced his opinion and opposition to her racial

trcatment of other staff and the unjust/unequal treatment of minorities in the workplace, The

actions taken against Plaintiff were taken at lcast in part because of his opposition to racism in the

workplace.

. 21. Dr. Ladele rnanagcd the clinical shff of thc Outpatient Unit. Howevcr, the units,

particularly the outpaticnt clinic, rvhich rvas under Roberls' administration and management,

consistently failed audits due to mismanagement. Dr. Ladele he raised concerns aboui these failed

audits r.vith Dircctor of Opcrarions Tamara Taylor, Dr. Cherry, and othcr tnentbers of Defcndant's

senior: mrrnagemsnt. l'Iowevcr, Dr. Lade]e's concems were consistently ignored.

22. On July 25,2017, one of Dr. Ladele's paticnts, Patient E.S,, underwent an

en'rergency psychological examination conducted by Dr. Pablo Lornangcolob. Patient E.S. was an

eldcrly, legally blincl, male wifh end stage renal disease, on hemodialysis, who was experiencing

altcrcd mcntal status.

23. Lomangcolob detenrined that E.S. was a danger to others due to his biting and

stabbing behaviors and verbal threats he had made. Lomangcolob suggested that, in the near term,

E.S. be placed in his own hospital room and not be put back in the general poputation.

24. ln response to.Lomangcolob's report, Dr. Ladele consulted with the Warden arrd

Deputy \ilrarden of RMC anct with Centurion I{SA Priscilla Robcrt.s. A suggestion rvas madc that

Patietrt E.S. be placed in solitary con.finement. Dr. Ladele advised against this out of concern for

patient safery. Dr. Ladeie believed he had sccured assurances E"S. would be placed in a hospital

bed rathcr lhan solitary confincment

5

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 11 of 85
25. Dcspite his belief that he had the necessary assurances, E.S. was placcd in solitary

confinemenr anyway. He died the following day, July 26, 2017, as a result of bleeding to death and

after tacking proper supcrvision, hc manipulated in a nlanner that provcd fatal the catheter he

placed to facilitate dialysis.

26. Dr, Larl{rle made his unhappincss with his orders not being frrllorved and E.S.'s

outcome known to Priscilla Robcrts and his supcrvisor, Dr. Cherry.

21 . ln August 2017,Dr. Ladele elevated to Def'endant's senior managcmcnt conccrns

rhar were relayed to hirn by his clinical sta-ffconcerning the stocking of "crash car$" located in

R.MC rnedical facilitics. A crash cart is a nrobilc toolbox containing all the drugs und instruments

used to resusciLate patients who have "coded" and are in or close to cardiac arrest.

2S. Arnong other problems, thc crash carts, which rvere supposed to be stocked in strict

accordance with various gorrernmental and industry-widc rules, regulations, and standards; lacked

necessary, working equiprncnt. For exanrple, oDe cart lacked an Ambu*bag, (an inflatable plastic

bladdcr attachcd to a facemask squcczcd to forcibly dclivcr oxygen to a patient cither not breathirrg

or sbuggling to breathe).

29, In another case, a physician had to try four laryngoscopes (a lighted scope used to

fbed a brcathing tube through the laryrx into rhe lungs during intubation) from different crash carts

before finding a fifth that *,orked properly, a potentially fatal complication resulting in a critical

loss of time stabilizing a patient who cither could not brcalhc or had seriou$ trouble brcathing.

30. On or about August 16, 2017, f)t. Ladele contacted Defendant's former Chief

Medical Officer, Dr. Jeffrey Keller, to address the lack of responsiveness by Defendant's senior

rnanagement to his concerns over rnisnranagement and the quality of patient care at RMC, Hc

fbrwarded to Dr. Kel.ler documents and voicemails illustrating the lack of support he received tiom

6

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 12 of 85
Dr. Cheny and Victoria Love, Defendant's Vice President of Operations (a Caucasian f€male or.er

40) and discussed with Dr. Keller his conccms ovcr how the mismanagcmont affcctcd patient carc.

Dr. Keller told Dr. T'adele he would "pass along" his (Dr. Ladele's) concerns to the individuals

about whonr Dr. Ladele corlplained. Dr. Ladele had also discussed this same nlatter with Dr.

Kcller one month prior.

3J. As previously statcd, Dr. Ladele's race, age, and the complaints and concems he

raiscd about racisnt and how Del'endant's rnismanagement negatively affected palient care and

tegal compliance resulted in his being subjected to inferior and differential treatment comparcd to

otlter older; Caucasian cr:lleagues a,nd co-"vorkers who had not cngagcd in protectcd whistlcblower

activity.

32. By way of exarnple only, shortly after Defendant hired Dr. Ladele, he asked if he

could work four, ten-hour-a-day shifts every week instead of five, eight-hour shifts. Dr. Ladele had

requested the shift change at least on thrce (3) occruions. Duling a meeting in his offir:e rvith Dr.

Cherry and Tamara Taylor present, Dr. Ladele once again requestcd the four daylten hour shift;

however Dr- Cherry specifically told Plaintiff this was not possible. However, when Dr. Chris

Hadadd, an otder Caucasian physician rvas later hired, Hadadd was a.llowed to work four tcn-hour

shifh a weck, whereas Dr. Ladele was not. In fact, whcn Dr. Ladete complained to Dr. Cherry

about this unfair treament, Cherry responded this was the way things were going to be becauss

"[he] said so."

33. In December 20i6, Dr. Ladelc was told hc would need to start punching a time card

using a time clock. As the Regional Medical Dircctor of RMC - a highly.paid, salaried employee

with cxlcnsivo managemcut rcsponsibililics - Dcfcndant rcquiring Dr. Ladelc to punch a tinrc

clock was neither a justified nor reasonablc expectation. In fact, none of his older, Caucasian co7

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 13 of 85
workers and colleagues, rvlro had not engaged in protected whistleblowcr activiry, were required to

punch a time clock.

34. When on approved vacations, Dr. Ladele was frequently forced by'Dr. Cherry to be

"on-call" by telephone during significant portions of his paid annual leave (often all night). Dr,

Ladele was also frequently required to maxago clinical problcms during thc clay. When Drr Luclele

attcmptcd to claim compcnsation or rcimbtrrsement for this timc spent working on vacation, or

even just for the cost of the pltone calls he rrade while rvorking during his vacation, he was denied

cornpcnsation,

35. Simitarly siruatcd, older, Caucasian doctors who had not cngagcd in protected

whistleblowe r and other protected activities were not subject to such treatment.

36. Additionally, Dr. Ladele was sirrgled out for cxtra worldprojects that older,

Caucasian doctors who had not engaged in protected rvhistleblower activity were not required to

cotr:plete. By u'ay of example, Dr. Ladele participated in the filming of a public service

announcemcnt, which was highly rcqucstcd by Dcfendant [who requcstcd]. Although Dr. Ladclc

agreed to perfbrm the additional rask relative to the public service announcernent, it consu,med a

Iarge atnount of Dr. Ladele's lree time. Dr. Ladele also prepared a lecture for a conferencs on

Defendant's behalt, which took up a portion of his free time.

37. On or about July 31,2017, Dr. Ladele was given an arrnual performance review

cotnplcted by Dr. Cherry. Despite all tbe cxtra time and proacrive effort Dr. Ladele pur into tris job,

over and above what his sirnilarly situated colleagucs cither voJunteered or were required lo invesr,

his review was genelally neutral. He met expectations in all applicable dimensions and received a

few favorable complinrenls on his performance, inclrrding one tlat read "The client [DOC] is very

plcased with Dr. Ladele's re sponsiveness to client inquiries and requests.o'

B

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 14 of 85
38. Orr or about June 9, 2011 ,Dr, Ladele lyrote to the HSA at Suwannee Correctional

Instilrrte ("C.1."), Ms. Brandice Corbin and two other staff members, asking that she arrange the

transfer ol'a Suwanee C.I. prisoner/patie.nt named Patient C.H. flrom Suwar:ee C.I. to RNiC so that

C.H. coulil be evaluated for possible trearment of Hepatitis C through the adurinistration of

spccializcd drugs.

39. June 9,2017 rvas the last day of work u'ith DOC for Ms. Corbin, who assured Dr.

Ladele .she would lorward (he necessary instructions to others at Suwance C.l. so thc transfer

wr:uld be arranged after her departure. T.his apparently never happened.

40. Dr. Ladcle followcd up with the Suwannee C.[. administmtive staff on June 27,

2017 inquiring about the status of his original requcst. Hi.s fbllow-up e-mail was ignored as well.

4l . On July 10, 201 7, Dr. Ladele enlisted the assistance of RMC HSA Priscilla Roberts,

requssting her help in facilitating the transfer of Patient C.l-1. From Suwannee C.l. to :RMC.

42. Patient C.H. was transferred to RMC on or about July 13, 2017.

43. Over the course of thc ncxt rlonth, Patient C.l{. was tested and evaluatecl for, and

tlen cleared to begin llepatitis C beatment using a rlrug called Harvoni. Harvoni is a relatively

new, reasouably rvell-tolerated, oral anti-vilal drug that, r'ernarkably, can permanently cure

Fleparitis C in as linle as nvelye weeks.

44. ln Augusr 2017, L)r. Ladele wrote orders for lab work for C.H. thot were mislrandled

or misplaced, resulting in the labs not being done.

45. On Augr.rst 18,2017, Dr. Ladele, realizing his ordered lab work had not been

cornpleted, rc-ordercd the labs and t}ren followed up while on vacation rvith the lab to make sure

rvhat hc ordered u,as properly oompleted. Despitc his bcst efforts, thc lab conductcd the wrong test,

not the one he had originally ordered.

9

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 15 of 85
46. While on vacation from August 20-27,20.|7, Dr. I.adcle callerl RMC repcatedly to

ensure rhe labs he ordered were done properly and that Patienr C,H. was prescribed and received

trealment with Harvoni. Despite his lerracious follow-up, this proved harder than pulling teeth

because of the miscommunication and incompetence of various RMC staff who did rtot n'olk

directly for Dr. Ladele. For cxamplc, on August 24. Lade lc was notified by the phannacy it still did

not have thc Harvoni prcsctiption he had ananged the u'eck prior.

4-1, Ladelc placed calls - usually several a day - to RMC's lab, phannacy, and urgent

"or".iioi. on August 20,2.1,23,24, and 25,2017, trying ro get Patient C.H.'s labs complerecl

propcrly and get his Harvoni trcatmcnt stamcd.

48. Shortly aflcr renrrning from his vacation. Dr. Ladele was notitied that, despite all his

efforts. Palient C.H. had still gone untrcuted. At this point, there was apparently nothing tlrat Dr.

Lndclc could say or do to get other Cenh:rion or DOC staff not under his supervision to treat

Paticnt C.H. in accordance rvith bis orders.

49. On or about August 30. 2017, Dr. Ladcle was told by Tanrera Taylor arrd Lisa

Lynch, Defendant's .l'lurnan R,esources f)eparlment Represcntative, Lhat he rvas being suspended

because he was the subject of a complaint that neither Taylor nor Human Resources could describe

to hinr.

50. Despite all of Dr. Ladele's eftbrts to secure appropriate treatment for Patient C.H. in

the face of the miscommunication, in<liffcrencc, and incompctcncc of rhe staff at Suwannec C.1.

and'RMC, Dr. Ladele was unlawfully terminated on Septernber 5,2017, Despite Dr. Ladele's

requests fbr teasons for bis termination during a telephone call ivith Tamar Taylor and Lisa Lynch

on Septcnrbcr 5, 201 7, he was neverprovidcd a reason,

51, Moreover, after Dr. Ladele's wrongful termination, Defendant's Regional Vice

l0

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 16 of 85
Prcsident Lisa Lovc indicated in lvriting, that Dr. Ladele had never been disciplined, never placed

on probation, and never investignted for any tnatter.

52. Irr fact, Dcfcudant did not terminate Dr. Ladele for any valid reason. Dr. Ladele was

termi.nated because of his protecfed whistleblo'rver activity, his race (African Anrerican), his age

(under 40) and bccausc of rcporting disc.r jmination and being the victim ol'retaliation thercafter.

53. Dr. Ladele has retained the undcrsigncd to rcpresent his intcrcsts in this causc and is

obligated to pay a fee lor those services. Defendant should be rnadc to pay said fce under lhe

statutory provisions cited herein and zuch other grounds as are authorized by law.

COI]NT I

PRT VATE WHISTLEBLOWER RETALIATTON

54. Palagraphs l-53 are re-allcged and incorporated herein by reference.

55. This is an action for privatc whistleblower retaliation brought under 11448.101, qt

seq- FIa. Stat.

56. As set forth in greater detail above, driring Dr. Ladele's employrnent wirh

De fendant, Ire objected verbally and in writing to certain practices of Defendant, its employees, and

agents which violated the applicable rEasonable standard of care for the de livery of medical care in

a prison hospital sctting, in violation of slatc and lbdcral laws, inclurling stalutcs, rulcs, and

regulatiotts relating to or promulgated by Florida's Agency for Healthcare Adminisrration or the

Florida Depamrncnt of Health, and and/or refused to participate in practices of Defendant that were

in violation ol'one or more laws, rules or rcgulations.

57. After Dr, Ladele's numetous objections to Defendant's and its employees' and

agents' substandard practiccs, Defendant discriminated and retaliated against Dr. Ladele by, among

other things, unlawfully ternrinating him, in violation of $4a8.101, et seq., Fla. Stat.

ll

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 17 of 85
I

58. Dr. Ladele was terminated b'ecause he objected to and/or engaged in certain

protected activities. Specifically, he; disclosed, or threatened to clisclos.e, to any appropriate

goverrlnenlal ageucy, under oalh, in writing, an activify, policy, or pracrice of the Defendant ihat is

in violation of a larv, rule, or regulation, and Dr. Ladelc, in writing, reported the brought the

activiry., policy, or practice to the attention of a supcrvisor or the Dctbndant and aflorded the

Dcfcndaut a rcasonable opporturuty to corrcct thc activity, policy, or practice; or objccted to, or

refused to participate irr, any activify, policy, or practice of the Def'endant rvhich is irr violation of a

law, rule, or regulalion

59. Thc disclosurcs and objcctions made by Dr. Ladele were protected under $44B.102,

Fla. Stat.

60. Defendant is liable for lhe urlawful, discfirninatory and retaliatory treatment

bccause it controlled thc actions and inactions of the persons ntaking decisions atfecting Plaintiff or

it knew or should have kno$"r"r of these actions and inactions and failed to take prompt and adequate

rcmcdial action or took no action at all to prcrrcnt Dr. Laclelc's unlawful treatment.

61. Furthennorc, Deferrdant is liable for its unlawful, discriminatory and retaliatory

treatment because it controlled, allowed, and participated in the same. Defendant's knorvn

allorvance and rarification of these actions and inactions created, perpetuated, and facilitated an

unlawful pracrice within tJre meaning of the statutes refered to herein. In effect, the actions of

agcnts of Defbndant, which wcre edch condoned and ratiticd by Defcndant, were of an unlawful,

discrinrinatory and retaliatory nature and in violation of the laws.set forth herein.

62, As a direct and proximate result of Defendant's conduct described above, Dr. Ladete

has suffcred past and futurc pccuniary losscs, including lost past and futurc rvagcs and bcnefits and

interest on the same. Dr. Ladele has also suffered non-pecuniary losses, inctuding loss of

12

rt

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 18 of 85
J

rcputalaon, inconvenience, emotional distress, rnental pain and suffering, mental anguish, and loss

of enjoymcnt of life. These damages have occuned in thepast and are permanent andcontinuing.

Dr. Ladelc is also entirled to injunctive/equirable relicf.

COTINT II

RACE DTSCRTMINATION

61. Paragraphs l-53 are re-alleged and incorporated'herein by referencc.

64. This is arl action for racc <liscrimination brought under Chapter 760 Fla. Stat.

65. As set fbrth in greater cletail above, Defendant discrirninated against Dr. Laclele by,

among other things. subjecting hinr to inferior aod differential treatment and unlawfrrlly

ternrinating hirn based on his race (African-Arnerican).

66. .Defendant is liable for Dr. Ladele's unlawfill, discrirninatory treatrnent because it

controllcd thc actions and inactions of the persons making decisions affecting Plaintilf or it knew

or should have known of. thcse acdons and inactions and tbiled to take pron'lpr and adequate

remcdial action or took no action at all to prevent such unlarvful treatncnt.

67. Furthennore, Defendant is liable for Dr. Ladele's trnlawtirl, discriminatory treatmerrt

because it conuolled, allowed, and pafticipated in the same. Defendant's krorvn allorvance and

ratification of theso actir:ns anrl inactions crciltcd, pcrpctuated, atrd facilitated an unlawful practicc

within the rneaningof the siatutes referred to herein. In effect, tlre actions of agents of Defendant,

which were each condoned and ratified by Dcfeudant, were of an unlawful, discriminatory and

retaliatory nature and in vioiation of rhc laws set forth herein.

68. As a direct and proximate result of Defendant's conduct described above, Dr. Ladele

has strffered past and future pecuniary losses, including lost past and fi.rture wage$ and bcncfits ar:d

interest oD thc silne. Dr. Laclele has also suffered non-pecuniary losscs, includilrg loss.of

*

l3

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 19 of 85
repulation, inconvenience, emotional distress, mental pain and suffering, mental anguish, and loss

of enjclyment of lifb, These darnagcs have occurred in t.he past and are pcrmsnent and continuing.

Dr. Ladclc is also entitled co iniunctive/equiiable reliel'and punitive damages.

COT]NT III

ACE bISCRIMTNATTON

69. Paragraphs l-53 are re-alleged and incorporated herein by reference.

70. This is an action l'or age discrimination.

71. As set forth in greater delail above, Defbndant discrirninated against Dr. Ladele by,

among othel things, subjecting him to inferior and differential treafnrcnt and unlawfully

terminating hirn based on his age (under 40), in r.iolarion of Chapter 760. Fla. Stat.

72. Defendant is liable for Dr. Ladele's unlawful, discriminatory treatment because it

controllcd thc actions and inactions of thc psrsons makingdccisions affccting Plaintiff or it kncw

or should have knorvn of thcse actions and inacrions ancl failed to taks pronlpr and adequate

remedial acrion or rook no action at all to prevent such unlarvful treatment.

73. Funhetmore, Defendant is liable for T)r. Ladele's unlawful, discriminatory treatment

because it controlled, allowed, and participated in the samc. Dcfcndant's known allowance and

ratification ofthese actions and inactions created, perpenrated, and facilitated an unlarvfirl practice

within the rnearilng of the sratutes referred to herein. In effect, the actions of agents of Defendaut,

whiclt rvere each condoned and ratified by Defeodant, wsre of an unlawful, discriminatory and

retaliatory rrature and in violation of the laws set fo*h herein.

74. As a direct and proximate result of Defendant's conduct described above, .Dr. Ladele

has suffercd past and fururc pccuniary losscs, including lost past and future wagcs and bcnefits and

interest otr the same, Dr. Ladele has also suffered non-pecuniary losses, including loss of

14

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 20 of 85
reputation, [nconvcnience, ernotional distress, menta"l pain and suffcring, rnental anguish, and loss

of enjoyrnent of tife. These damagos have occurred in the past and are perrnnnent and continrLing.

Dr. Ladele is also entitled to injunctive/equitable relie{'and punitive damagcs, , ;

COTJNT TV

RETA:L|Al'lON

75. Paragraphs l-53 art hereby re-alleged and reincorporated as iflset fortb in full

hcrci.n.

76. Dct'endarrt is an employer as tlrat term is used under the applicable statuics

referenced above,

77 . The foregoing allegations establish a cause of actiorr for unlawful retaliation after

Plaintiffrcported unlawfi.rl employment practices adversely affecting him under Chapter 760,

'Florida Statutcs,

78. The foregoing unlawful actions by Defendant were purposelirl.

79. Plaintiffvoiced opposition to unlawful employment practices during his

employnrenl" with Defendant and was the victinr of retaliation thereafter, as related in part above.

The events set forth herein led, at least in part, to Plaintiffs termination.

E0, Plaintiff is a mcmbcr of a protccrcd class bccause hc rcponctl unlawful employmenr

irracticcs and was the rrictim of retaliation thercaftcr. There is thus a causal connection bctween the

reporting of the unlawful enrployment practices and the adverse employment action taken

thereafter,

8 i. As a direct and proximate resrrlt of the foregoing unlawful acts ard omissions.

Plaintiff has suffeled mental anguish, cmotional distress, expenser loss of benefits, cmbarrassnrcnt,

humiliation, damage to reputation, illness, lost wages, loss of capacity for the enjoyment of life,

15

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 21 of 85
tt and other tangible ald intangible dtmages. Tho.se damages are continuing and are pennanent.

Plaintiffis entitled to punitive damages and injunctive relief.

"PRAY.Iq,R rOR RELTET

WHEREFORE, Dr. Ladele clemands judgmcnt against Defendant for the following:

' (n) that process issuc and tbis Court takc jurisdiction over this casc;

(b) that this Coufl grant equitablc rclicf against Defendant uncle r the applicable

counls set foflh abovo, mahclating Defendant's obediencc to the laws

enumerared herein arrd providing other equ.itabtc relief tb Plaintif.f;

(c) enter judgrnent against Defendant and for Plairttifl awarding a1l legallyovailable general and compensatory darnages and economic loss to Pluintiff

{rom Dcfendant for Defendant's violations of the law enumerated herein;

(d) enter judgntent against Dct'endant and for Dr. Ladele, permanently

enjoining Dsfcndant from future violations of laws enumerated herein;

(e) enter judgnrent against Defendant and for Dr. Ladcle awarding Dr. Ladele

attolrlsy's fees and cosfs: award Dr. Ladele interest, including pre- arrd postjudgment intercst, wberc appropriate; and

(D grant such other Jurther relief as being just and proper under the

circumstances.

DIMAND FOR TRIAI BY JURY

Plaintiff hereby demands a trial by jury on all issucs herein that arc so triable,

DATED this 27th day of June 2019.

{

l6

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 22 of 85
Re.spectfully S ub mitted,

/s/ Marie A. Mattox

Marie A, Mattox IFBN 0739685J

MARIE A. MATTOX, T.A.

203 North Cadsden Street

Tallahassee,.FL 32301

Telephone: (850) 383-4800

Facsimile: (850) 383-480 I

Marie@mattoxlaw,com

Secondary emails:

Mi chelle2@nrattoxl aw. com

Marl e ne@nr attox la w. c on:

ATTORNEY S FOR PLAINTIFF

rj

17

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 23 of 85
Filing t{.91791901 E-Filed 06/2712019 02:35:48 PM

CRECORY A. LADELE, D.O.,

Plaintiff,

v.

IN TI{E CIRCUIT COURT OF THE

SECOND JUDICIAL CIRCUIT TN

AND.FOR LEON COUNTY,

I,'LORIDA

CASE NO.: l9-CAFL BAR NO.: 0739685

2019 CA 00151 1

SUMMONS

\lMl hffi

CENTURION MANACED CARE OF

F'LORIDA, LLC. DTB/A

cENTURt()N, LLC, fl

DefendantTHE STATE OF FLORIDA:

l'o Each Sheriffof the State:

YOU A.R.E COMMANDED to scrve this summons and a copy of the complaint or

petition in this action on Defcndant:

CENTURTON MANAGED C.ARE OF F'.LORIDA, LLC, D/B/A CENTURION, LLC

C ]' CO.RPORATION SYSTE}I

I2OO SOUTH PINE ISLAI\D NbNN

PLANTA'rION, FL 33324

Each dclbndant is rcquircct to scrve wrirtcn dcfcnscs to thc conplainl or pctition on

lVlarie A. Mattox, P- A., Plain[iffs atlorney, whose address is 203 North Gadsden Street'

Tallahassee, Florida 32301, within 20 days after service of this surrnons on that dcftndant,

excl.usivc of the day of sewice, and to file the original of the defcnses with the clerk olT this court,

either belore scrvc on plaintifJls attorncy or inrnrediately therea[ter, lf a dcfondant fails to do

so, a default will be entered againsL that delbndant lor thc rclicf demamtJed in lhe complaint or

petition.

DATED on 2019.

CLERK OF THE CIRCUIT COURT

x4 tt'.01

I

06/28/2019

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 24 of 85
LEON COUNTY Receipt of Transaction

Receipt # 1439482

Received From:

Marie A. Mattox

203 North Gadsden Street

Tallahassee, FL 32301

On Behalf Of:

CaseNumber 2019 CA001511

Judge ANGELACDEMPSEY

GREGORY A LADELE ZS CENTURION MANAGED CAR.E OF FLORIDA LLC DBA CENTURIO

Comments

GWEN MARSHALL

Clerk of Court and Comptroller

LEON COUNTY, FLORIDA

On 6/28/2019 5:21:19PM

Transaction # 100694923

Cashiered by: L WILLIAMS

Fee Description

(coMP_cA) coMPLATNT

(surs) suMMoNS tssuED

Fee

400.00

10.00

Prior Paid

0.00

0.00

Waived

0.00

0.00

Due

400.00

10.00

Paid

400.00

10.00

Balance

0.00

0.00

Total

Grand Total:

410.00

410.00

0.00

0.00

0.00 410.00

0.00 410.00

410.00

410.00

0.00

0.00

PAYMENTS

Payment Type Reference Amount Refund Overage Change NetAmount

CREDIT CARD EFILE 91791901 OK 410.00 0.00 0.00 0.00 410.00

Payments Total: 410.00 0.00 0.00 0.00 410.00

Page 1 of 1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 25 of 85
Filing # 95803320 E-Filed 0911712019 09:13:55 AM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORIDA

GREGORY A. LADELE, D.O.,

Plaintiff,

v Case No. 2019-CA-00151 1

CENTURION MANAGED CARE OF

FLORIDA, LLC. d/b/a CENTURION,

LLC,

Defendant.

DEFENDANT'S MOTION TO DISMISS OR,

IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT

Defendant Centurion Managed Care of Florida, LLC ("Centurion"), by and through

its undersigned counsel, and pursuant to Florida Rules of Civil Procedure 1.140(b)(6) and

1 .1460(bX1), hereby moves to dismiss Plaintiff Gregory A. Ladele's ("Ladele" or "Plaintiff")

Complaint for failure to state a cause of action, failure to plead facts sufficient to establish

that Centurion was his employer, and failure to sufficiently plead satisfaction of a condition

precedent. ln the alternative, Defendant moves pursuant to Fla.R.Civ.P. 1.140(e) for a

more definite statement. The grounds upon which the instant motion is based are set forth

in the following Supporting Memorandum of Law:

SUPPORTING MEMORANDUM OF LAW

t.

BACKGROUND

1. This lawsuit arises out of Plaintiff's alleged employment with Defendant.

[Compl., fl 4].

ACTIVE 45691113v2

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 26 of 85
2. ln his Complaint, Plaintiff asserts that Centurion terminated his employment

and subjected him to age and race discrimination in violation of Chapter760, Fla. Stat.,

and retaliation in violation of Section 448.102 and Chapter 760 of the Florida Statutes.

[Compl., fl 1].

3. However, Plaintiff fails to plead any facts to support his allegation that

Centurion was his employer and has otheruise failed to state a cause of action under

either Chapter 760 or Section 448.102. Accordingly, the Complaint should be dismissed.

il.

LEGAL STANDARD

1 . The Florida Rules of Civil Procedure require that pleadings set forth "a short

and plain statement of the ultimate facts showing that the pleader is entitled to relief." See

Fla. R. Civ. P. 1 .1 10(b). "The complaint must set out the elements and facts that support

them so that the court and the defendant can clearly determine what is being alleged."

Barrett v. City of Margate, 743 So. 2d 1 160, 1162-63 (Fla. 4th DCA 1999). lt is therefore

"insufficient to plead opinions, theories, legal conclusions or argument." /d. at 1163.

2. A plaintiff must also state their pleadings with sufficient particularity to

enable defendants to prepare defenses. Sunbeam Television Corp. v. Mitzel,83 So.3d

865,875 (Fla.3d DCA 2012) (citing Arky, Freed, Stearns, Watson, Greer, Weaver &

Harris, P.A. v. Bowman lnstrument Corp., 537 So.2d 561 , 563 (Fla. 1988)). A motion to

dismiss therefore tests the legal sufficiency of a complaint to state a cause of action.

Reyes ex rel. Barcenas v. Roush,99 So. 3d 586, 589 (Fla. 2d DCA 2012).

3. ln addition, Florida Rule of Civil Procedure 1.140(e) allows litigants to

request a more definite statement if a pleading is vague and ambiguous. The purpose of

2

ACTIVE 45691113v2

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 27 of 85
a motion for more definite statement is to determine if a pleading is sufficiently vague,

indefinite, or ambiguous as to require the pleading to be amended in order to enable the

responding party to intelligently discern the issues to be litigated and to properly frame its

reply or answer. Conklin v. Boyd, 189 So.2d 401, 403 (Fla. 1st DCA 1996).

ilt.

ARGUMENT

A. Failure To State A Cause Of Action & Failure To ldentifv The Proper

Defendant

1. Florida's Private Whistleblower Act Section 448.102(3), Florida Sfafufes,

prohibits an employer from taking retaliatory personnel action against an employee who

"[o]bjected to, or refused to participate in, any activity, policy, or practice of the employer

which is in violation of a law, rule, or regulation." (Emphasis supplied). A violation of law

by anyone other than the employer cannot adequately support a claim based under the

FWA Sussan v. Nova Southeastern Univ., 723 So.2d 933 (Fla. 4th DCA 1999);

Douberley v. Burger King Corp., 2007 U.S. Dist. LEXIS 29302 (M D Fla. Apr. 27 , 2007).

2. Similarly, Chapter 760 makes it "an unlawful employment practice for an

employer to discharge or to fail or refuse to hire an individual, or othenvise discriminate

against any individual ... because of such individual's race, color, religion sex, national

origin, age, handicap, or marital status." (emphasis added).

3. Here, Plaintiff baldly alleges that he was employed by Centurion. [Compl.,

fl 4l However, Plaintiff fails to provide any facts to support his assertion that he was an

employee of Centurion, and Centurion denies that it ever employed Plaintiff. Moreover,

Centurion Manage Care of Florida, LLC has never held a contract to provide medical staff

to the Florida Department of Corrections ("FDOC"), nor has it ever had any employees.

AcTlvE 456g1113v2 

'

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 28 of 85
Plaintiff does not claim that Centurion provided his paychecks, that Centurion directed his

work, or that he was subject to Centurion's policies and procedures. lnstead, Plaintiff

merely asserts "Defendant was Plaintiff's employer as that term is defined in the statutory

provisions cited herein."

4. Accordingly, because Plaintiff has not sufficiently plead facts to establish

that Centurion was his employer as defined by Section 448.102 and Chapter 760, his

Complaint must be dismissed.

B. Plaintiff Failed To Exhaust Administrative Remedies As To His Aqe

Discrimination Claim And Fails to Plead A Viable Claim

1. Prior to filing a civil action alleging discrimination in violation of Chapter 760,

Fla. Stat., an individual seeking relief must file a complaint with the FCHR or EEOC and

exhaust the administrative remedies provided by the FCRA. See $760.11(1)and (4),

Fla. Stat.; Sheridan v. State,182 So.3d 787 (Fla.1st DCA 2016).

2. Plaintiff's FCRA claims are subject to the administrative exhaustion

requirement. See $ 760.11(1) ("[a]ny person aggrieved by a violation of [the FCRA] may

file a complaint with the commission within 365 days of the alleged violation, naming the

[responsible party] and describing the violation").

3. Here, Plaintiff merely alleges that he has "satisfied all conditions precedent

to bringing this action in that Plaintiff filed a charge of discrimination with the Florida

Commission on Human Relations and with the EEOC.' [Compl., fl 5]. Plaintiff does not

attach his Charge or his Notice of Right to Sue.

4. Notably, Plaintiff does not allege that he filed a Charge that encompassed

a// of the requisite claims contained in the Complaint.

4

ACTIVE 45691113v2

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 29 of 85
5. As noted above, a plaintiff is required to both file a charge and describe the

alleged vrolation in order to comply with the administrative exhaustion requirement. See

S 760.11(1). lf a plaintiff desires to pursue multiple theories of discrimination, he generally

must include each such theory in his charge. See Anderson v. Embarq/Sprint, 379 F.

App'x 924,926 (11th Cir. 2010) (affirming the district court's dismissal of a failure-topromote claim because the plaintiff did not include those claims in his EEOC filing); Cheek

v. Western and Southern Life lns. Co., 31 F.3d 497, 503 (7th Cir. 1994) (stating that

"[w]hen an EEOC charge alleges a particular theory of discrimination, allegations of a

different type of discrimination in a subsequent complaint are not reasonably related to

them unless the allegations in the complaint can be reasonably inferred from the facts

alleged in the charge").

6. ln the present case, Plaintiff filed a charge alleging putative race

discrimination, but he did not allege age discrimination. See Exhibit 1.1 Plaintiff failed

to check the "age" box or to include any facts that could possibly support an allegation of

age discrimination.2 Accordingly, Plaintiff is foreclosed from now pursuing an age

discrimination claim.

' While a court is ordinarily limited to the allegations of a plaintiffs complaint, a court may consider an extrinsic

document in ruling on a motion to dismiss if the document is "(l) central to the plaintiffs claim, and (2) its authenticity

is not challenged." Speaker v. U.S. Dep't of Health & Human Servs.,623 F.3d 1371, 1379 (llth Cir.

2010)(quoting SFM Holdings, Ltd. v. Banc of Am. Secs., LLC,600 F.3d 1334, 1337 (llth Cir.2010)). Additionally, a

court may take judicial notice of and consider documents attached to a motion to dismiss or response, which are public

records that are "central" to a plaintiffs claims, without converting the motion to dismiss into a motion for summary

judgment. This is so, as long as such documents are "public records that [are] 'not subject to reasonable dispute'

because they [are] 'capable of accurate and ready determination by resort to sources whose accuracy [can] not

reasonably be questioned."' Horne v. Potter,392 F. App'x 800, 802 (1lth Cir. 2010)(quoting Fed. R. Evid. 201(b)).

Moreover, "a court may take notice of another court's order . . . for the limited purpose of recognizing the 'judicial act'

that the order represents or the subject matter of the litigation." United States v. Jones,29 F.3d 1549,1553 (11th Cir.

19e4).

2 Defendant recognizes that Plaintiff s charge includes boilerplate language referring to multiple statutes, including

the Americans with Disabilities Act and the Age Discrimination in Employment Act, but his failure to offer any facts

in support of the boilerplate language is fatal to his claims.

5

ACTIVE 45691113v2

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 30 of 85
7. Moreover, even assuming arguendo that Plaintiff did exhaust his

administrative remedies with regard to his age discrimination claim, this claim must be

dismissed because Plaintiff admittedly is under the age of 40 and Florida law does not

permit reverse age discrimination claims such as Plaintiff attempts to allege here.

[Compl., fl 3].

8. The Florida Civil Rights Act of 1992 (FCRA) prohibits age discrimination in

the workplace. See S 760.10(1)(a), Fla. Stat. (2007). Florida state courts have interpreted

that the FCRA follows federal law, which prohibits age discrimination through the Age

Discrimination in Employment Act (ADEA). 29 U.S.C. S 623. Moreover, Florida state

courts have determined that Federal case law interpreting ADEA applies to cases arising

under the FCRA. See Brown Distrib. Co. of W. Palm Beach v. Marcell,890 So. 2d 1227 ,

1230 n.1 (Fla. 4th DCA 2005) (citing Fla. State Univ. v. Sondel,685 So. 2d 923,925 n.1

(Fla. 1st DCA 1996)); Joshua v. City of Gainesville, 768 So. 2d 432,435 (Fla. 2000))

("The "Florida Civil Rights Act of 1992 [] was patterned after Title Vll of the Civil Rights

Acts of 1964 and 1991, [] as well as the Age Discrimination in Employment Act (ADEA),

[]. Federal case law interpreting Title Vll and the ADEA is applicable to cases arising

under the Florida Act").

9. Florida state courts have adopted the ADEA prima facie analysis and

require that the plaintiff prove: "1) the plaintiff is a member of a protected class, i.e., at

/easf forty years of age;2) the plaintiff is otheruise qualified for the positions sought; 3)

the plaintiff was rejected for the position; 4) the position was filled by a worker who was

substantially younger than the plaintiff." City of Hollywood V. Hogan,986 So.2d 634 (Fla.

6

ACTIVE 45691113v2

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 31 of 85
4th DCA 2008) (internal citations omitted) (emphasis supplied). Here, Plaintiff simply

cannot make his prima facie showing because he is admittedly under the age of 40.

10. Plaintiff also cannot plead his prima facie case because Florida law does

not recognize a reverse age discrimination claim. ln Gen. Dynamics Land Sys. v. Cline,

540 U.S. 581 (2004), the United States Supreme Court determined that the ADEA does

not prohibit reverse discrimination, i.e., favoring the old over the young. The Court stated

that: "[t]he ADEA was concerned with protecting a relatively old worker from

discrimination that worked to the advantage of the relatively young." /d. This interpretation

has been adopted by courts of appeal in Florida. See Walker v. City of Pembroke Pines,

2013 Fla. App. LEXIS 12346 (Fla.4th DCA 2013) ('Affirmed. See City of Hollywood v.

Hogan,986 So. 2d 634, 641-42 (Fla. 4th DCA 2008) (adopting federal ADEA analysis for

age discrimination claim under Florida Civil Rights Act of 1992; stating "[a]ge

discrimination statutes protect only employment decisions which disadvantage an older

worker in favor of a younger worker") (citing Gen. Dynamics Land Sys., /nc. v. Cline,540

U.S. 581 , 124 S. Ct. 1236, 157 L. Ed. 2d 1094 (2004))"); see also Petrik v. City of

Pembroke Pines,120 So.3d 102 (Fla.4th DCA 2013) (same); City of Hollywood v. Hogan,

986 So. 2d 634 (Fla. 4th DCA 2008) (same).

11. Accordingly, for the reasons stated above, Plaintiff's age discrimination

must be dismissed.

C. Plaintiff's Florida Whistleblower Glaim Fails As A Matter Of Law

1. The Florida Whistleblower Act ("FWA'), S 448.101 et seq, Fla. Sfaf., was

enacted to protect "private employees who report or refuse to assist employees who

violate laws enacted to protect the public." Jenkins v. Golf Channel,714 So.2d 558, 563

7

ACTIVE 45691113v2

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 32 of 85
(Fla. 5th DCA 1998). Further, the FWA "provides employees a cause of action against

employers who wrongfully discharge them for...objecting to or refusing to participate in

the employer's illegal practices." Aery v. Wallace Lincoln-Mercury, LLC, 1'18 So.3d 904

(Fla. 4th DCA 2013) (citing Vanacore v. UNC Ardco, \nc.,697 So.2d 892, 893 (Fla. 4th

DCA 1ee7)).

2. To sustain a claim under the FWA, the employee must identify conduct that

constitutes a violation of law, rule, or regulation. S 448.102(1), Florida Sfafufes; see a/so

Lauray v. Abel[ 2005 WL 2043520 (M.D. Fla. Aug. 25, 2005). A plaintiff must also

demonstrate that any alleged conduct objected to by the employee was prohibited or

illegal conduct committed by an employer. See Gillyard v. Delta Health Group, \nc.,757

So.2d 601 (Fla. 5th DCA 2000); Shultz v. Tampa Elec. Co.,704 So. 2d 605, 606 (Fla. 2d

DCA 1997); Forrester v. John H. Phipps, \nc.,643 So.2d 1109, 1111-12 (Fla. 1st DCA

1 994) (emphasis added).

3. Here, the Complaint alleges, in generalized and conclusory terms that "[a]s

set forth in greater detail above, during Dr. Ladele's employment with Defendant, he

objected verbally and in writing to certain practices of Defendant, its employees, and

agents which violated the applicable reasonable standard of care for the delivery of

medical care in a prison hospital setting, in violation of state and federal laws, including

statutes, rules, and regulations relating to or promulgated by Florida's Agency for

Healthcare Administration or the Florida Department of Health, and and/or refused to

participate in practices of Defendant that were in violation of one or more laws, rules or

regulations." [Compl., fl 56].

8

ACTIVE 45691113v2

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 33 of 85
4. Plaintiff's complaint contains allegations of racial and age discrimination, as

well as retaliation under the FCRA and the FWA. However, these claims are distinct and

should not be alleged together because they require separate burdens of proof. Here,

however, Plaintiff incorporates and re-alleges all 53 paragraphs preceding Count I and

fails to identify which of these factual allegations support which cause of action lodged

against Defendant. Accordingly, Counts I and lV of the Complaint should be dismissed,

or Ladele should be required to file a more definite statement to enable Defendant to

identify the allegations lodged against it because the Complaint improperly merges his

claims of discrimination with other alleged retaliatory acts.

tv.

CONCLUSION

WHEREFORE, for the foregoing reasons, Defendant Centurion Managed Care of

Florida, LLC respectfully requests the Court enter an Order dismissing Complaint or, in

the alternative, requiring a more definite statement.

Respectfu lly subm itted,

/s/ Catherine H ollov

Richard C. McCrea, Jr.

Florida Bar No. 351539

Email: mccrear@gtlaw.com

Catherine H. Molloy

Florida Bar No. 33500

Email: molloyk@gtlaw.com

Cayla M. Page

Florida Bar No. 1003487

Email: pagec@gtlaw.com

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Attorneys for Defendant

9

ACTIVE 45691113v2

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 34 of 85
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on September 17,2019, lelectronically filed the

foregoing document with the Clerk of the Court by using the E-Filing Portal, which will

send a notice electronically to:

Marie Mattox

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

marie@mattoxlaw.com

/.s/Catherine H Mollov

Attorney

ACTIVE 45691113v2

l0

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 35 of 85
EXHIBIT 1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 36 of 85
rt

FLOIIIDA CON4]\4ISSION ON IIUMAN I

ITIiI,A'f IONS

l!L,_,

I

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I,'loritln 32301

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s't'. t-()rit.\, N40 6l r05

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- Cllrrck IlDlrlprinl( bor((s)

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nr,\rn',\r. s'r',\'r'trs X rtt:'r,rt-t,r't to--

t)At'la t\lOs't Rljct:N'l' t)lscRIt\trNA'iloN I (x)r(

E P 1,,.r("'ri !

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r...,\11ON,\l. ORI(;IN

t). DISCIil tNA'noN s'rATriivr liNl"

I bulieve I lravc lrccrr discrirttinrled agl irrst pursuanl to Cltrpter 7(r0 ol'thc l;'lolida Cir,il l(ights Act. artcl/oL'l'itlc

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rvith I)isrrbilitics Act its itlllllicablu lot'tlrc lilllou'ing t'c:itstttt(s):

I{NJC,

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t0t irrt in rtrorditlct rril tir prrrttrlurts.

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Ct'egorl,l1dcle I I @1tttsn.c'ottt

8278 NW -sj StIc(-l

SA. PEITSONAI, INI;OITNIN TION

(ireeolv l.adclc

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t], tlust N liss rNFollNlAt'r o (crttplut'cr', labor orgrtnizittiott, cntplol'nrL'nI or'golcnuucrl ilgcrt , clr,)

Ilorrrt 'l'clcphonc Nurtthcr (irrerr ctrdc)

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Sllce I r\rldrcss (llranch/Oflicc itr l'-loritln) Cit1,, Stttc nnd Zip Codc

7700 l;Ol{SY ll I Ul-VD. StJl l'l: S00

ljcll llt l{evise tl April 32. 200 1 nfata/nl

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 37 of 85
Filing # 95839429 E-Filed 0911712019 02:24:54 PM

IN THE CIRCUIT COURT OF THE SEGOND JUDICIAL CIRGUIT

IN AND FOR LEON COUNTY, FLORIDA

GREGORY A. LADELE, D.O.,

Plaintiff,

V Case No. 2019-CA-00151 1

CENTURION MANAGED CARE OF

FLORIDA, LLC. d/b/a CENTURION,

LLC,

Defendant,

NOTICE OF APPEARANCE

PLEASE TAKE NOTICE that the undersigned counsel, Richard C. McCrea, Jr., of

the law firm Greenberg Traurig, P.A., hereby appears as counsel for Defendant MHM

Health Piofessionals, LLC. Undersigned counsel respectfully requests that the plaintiff

serve upon him copies of all pleadings and other papers that she files or serves hereafter

in this action and designates the following primary and secondary service emails:

Primary: mccrear@gtlaw.com

Secondary: ramosr@gtlaw.com

Respectfully submitted,

/s/ Richard C a. Jr.

Richard C. McCrea, Jr.

Florida Bar No. 351539

Email : mccrear@gtlaw.com

Catherine H. Molloy

Florida Bar No.33500

Email: molloyk@gtlaw.com

Cayla M. Page

Florida Bar No. 1003487

Email: pagec@gtlaw.com

ACTIVE 45857094v1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 38 of 85
GREENBERG TRAURIG, P,A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

(813) 318-5700 - Telephone

(81 3) 31 8-5900 - Facsimile

Attorneys for Defe nd a nt

CERTIFICATE OF SERVIGE

I HEREBY CERTIFY that on September 17 ,2019 I electronically filed the foregoing

document with the Clerk of the Court by using the E-Filing Portal, which will send a notice

electronically to:

Marie Mattox

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

marie@mattoxlaw.com

/s/ Rinharcl C t\/ .lr

Attorney

2

ACTIVE 45857094v1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 39 of 85
Filing # 95840059 E-Filed 0911712019 02.2904 PM

IN THE CIRCUIT COURT OF THE SEGOND JUDICIAL CIRCUIT

IN AND FOR LEON GOUNry, FLORIDA

GREGORY A. LADELEN D'O,'

Plaintiff,

V Case No. 2019-GA-00151 1

CENTURION MANAGED CARE OF

FLORIDA, LLC. d/b/a CENTURION,

LLC,

Defendant.

NOTICE OF APPEARANCE

PLEASE TAKE NOTICE that the undersigned counsel, Cayla M. Page, of the law

firm Greenberg Traurig, P.A., hereby appears as co-counselfor Defendant MHM Health

Professionals, LLC. Undersigned counsel respectfully requests that the plaintiff serve

upon her copies of all pleadings and other papers that she files or serves hereafter in this

action and designates the following primary and secondary service emails:

Primary: pagec@ gtlaw.com

Secondary: ramosr@gtlaw.com

Respectfully subm itted,

ls/ Catrla [Vl Paap

Richard C. McCrea, Jr.

Florida Bar No.351539

Email : mccrear@gtlaw.com

Catherine H. Molloy

Florida Bar No.33500

Email : molloyk@gtlaw.com

Cayla M. Page

Florida Bar No. 1003487

Email : pagec@gtlaw.com

I

ACTIVE 45857069v1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 40 of 85
GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

(81 3) 31 8-5700 - Telephone

(813) 31 8-5900 - Facsimile

Attorneys fo r Defe nd ant

CERTIFICATE OF SERVICE

I HEREBYCERTIFYthaton September17,2019 lelectronicallyfiled theforegoing

document with the Clerk of the Court by using the E-Filing Portal, which will send a notice

electronically to:

Marie Mattox

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

marie@mattoxlaw.com

lsl Cavla M Paoe

Attorney

2

ACTIVE 45857069v1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 41 of 85
Filing # 96034499 E-Filed 0912012019 1l:15:38 AM

IN THE CIRCUIT COURT OF THE SECOND JUDIGIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORIDA

GREGORY A. LADELE, D,O.,

Plaintiff,

V Case No. 2019-GA-00151 1

CENTURION MANAGED CARE OF

FLORIDA, LLG, d/b/a CENTURION,

LLC,

Defendant.

CORRECTED NOTICE OF APPEARANCE

PLEASE TAKE NOTICE that the undersigned counsel, Richard C. McCrea, Jr., of

the law firm Greenberg Traurig, P.A., hereby appears as counsel for Defendant Centurion

Managed Care of Florida, LLC.1 Undersigned counsel respectfully requests that the

plaintiff serve upon him copies of all pleadings and other papers that she files or serves

hereafter in this action and designates the following primary and secondary service

emails:

Primary: m ccrear@gtlaw.com

Secondary: ramosr@gtlaw.com

Respectfully subm itted,

/s/ Richard C. McCrea. Jr.

Richard C. McCrea, Jr.

Florida Bar No.351539

Email : mccrear@gtlaw.com

Catherine H. Molloy

Florida Bar No.33500

Email: molloyk@gtlaw.com

Cayla M. Page

1 Defendant maintains that it was not Plaintiff's employer. Plaintiff's correct employer was MHM Health

Professionals, LLC.

ACTIVE 45927490v1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 42 of 85
Florida Bar No. 1003487

Email: pagec@gtlaw.com

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Atto rn eys for Defend a nt

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on September 20,2019 I electronically filed the foregoing

document with the Clerk of the Court by using the E-Filing Poftal, which will send a notice

electronically to.

Marie Mattox

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 323A1

marie@mattoxlaw.com

/s/ Rinherd C t\/cC Jr

Attorney

2

ACTIVE 45927490v1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 43 of 85
Filing # 96034165 E-Filed 0912012019 I 1: I 7:34 AM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORIDA

GREGORY A. LADELEN D'O,'

Plaintiff,

Gase No. 2019-GA-00151 1

GENTURION MANAGED CARE OF

FLORIDA, LLC. d/b/a CENTURION,

LLC,

Defendant.

NOTICE OF APPEARANCE

PLEASE TAKE NOTICE that the undersigned counsel, Cayla M. Page, of the law

firm Greenberg Traurig, P.A., hereby appears as co-counsel for Defendant hereby

appears as counsel for Defendant Centurion Managed Care of Florida, LLC.1

Undersigned counsel respectfully requests that the plaintiff serve upon her copies of all

pleadings and other papers that she files or serves hereafter in this action and designates

the following primary and secondary service emails:

Primary: pagec@ gtlaw.com

Secondary: ramosr@gtlaw.com

Respectfully subm itted,

/s/ Cavla M. Paoe

Richard C. McCrea, Jr.

Florida Bar No.351539

Email : mccrear@gtlaw.com

Catherine H. Molloy

Florida Bar No.33500

Email : molloyk@gtlaw.com

Cayla M. Page

1 Defendant maintains that it was not Plaintiff's employer. Plaintiff's correct employer was MHM Health

Professionals, LLC.

v

ACTIVE 45927503v1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 44 of 85
Florida Bar No. 1003487

Email: pagec@gtlaw.com

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Atto rneys for Defe nda nt

CERTIFICATE OF SERVICE

I HEREBYCERTIFYthaton September20,2019 lelectronicallyfiled theforegoing

document with the Clerk of the Court by using the E-Filing Portal, which will send a notice

electronically to:

Marie Mattox

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

marie@mattoxlaw.com

lsl Cavla M Paoe

Attorney

2

ACTIVE 45927503v1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 45 of 85
Filing # 97384040 E-Filed l0l1612019 02:54:12 PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORIDA

GREGORY A. LADELE, D,O,,

Plaintiff,

V Case No. 2019-GA-001 51 1

CENTURION MANAGED CARE OF

FLORIDA, LLC. d/b/a CENTURION,

LLC,

Defendant.

NOTICE OF HEARING

PLEASE TAKE NOTICE that a hearing has been scheduled on Defendant's

Motion to Dismiss or, in the Alternative, for a More Definite Statement on January

16, 2020 at 10:00 a.m. or as soon thereafter as they may be heard, before the Honorable

Angela Dempsey, Leon County Courthouse, 301 S. Monroe Street, Room 301-E,

Tallahassee, Florida 32301,

TIME RESERVED: 15 Minutes

PLEASE GOVERN YOURSELF ACCORDINGLY.

Respectfully subm itted,

/si Catheri neH lov

Richard C. McCrea, Jr.

Florida Bar No.351539

Email : mccrear@gtlaw.com

Catherine H. Molloy

Florida Bar No.33500

Email: molloyk@gtlaw.com

Cayla M. Page

Florida Bar No. 1003487

Email: pagec@gtlaw.com

ACTIVE 46624023v1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 46 of 85
GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Attorneys for Defe nd a nt

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on October 16,2019, I electronically filed the foregoing

document with the Clerk of the Court by using the E-Filing Portal, which will send a notice

electronically to:

Marie A. Mattox

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

marie@mattoxlaw.com

!n icbel le2tO mattox]aw. cqm

marl ene@ngttoxlaw. com

,/s/Catherine H. Mollov

Attorney

2

ACTIVE 46624023v1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 47 of 85
Filing # 98221662B-Flled 11/01/2019 09:08:26 AM

GREGORY LADELE, D.O.,

Plaintifl

vs.

IN THE CIRCUIT COURT OF THE SECOND

JUDICIAL CIRCUIT, IN AND FOR LEON

COUNTY, FLORIDA.

CASENO.2019 cA lst I

CIVI DIVISION

CENTURION MANAGED CARE OF

FLORIDA, LLC, D/B/A CENTURiON, LLC,

Defendant.

NoTrcE oF prscr{QguRE

THIS CAUSE, being before this court sua sponte, the Court hereby discloses the following:

1) Marie Mattox is on the undersigned's campaign committee which consists of over 100 attomeys in the Second Circuit.

2) The Court believes this disclosure is required by Canon 3E(l) of the Code of Judicial conduct and Judicial Ethics Advisory committee opinion 2013_19.

This notice was provided on

Na't

Copies provide to;

Marie Mattox, Attomey for plaintiff

Catherine Molloy, Attomey for Defendant

I ,zotg.

A^ ,.+k--l

Angela C. Dempsey

Circuit Judge

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 48 of 85
Filing # 99275168 E-Filed lll2ll20I9 03 42:32PM

IN THE GIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORIDA

GREGORY A. LADELE, D.O.,

Flaintiff,

v Case No. 2019-CA-001 51 1

CENTURION MANAGED CARE OF

FLORIDA, LLC. d/b/a CENTURION,

LLC,

Defendant.

NOTICE OF SERVICE OF DEFENDANT'S FIRST SET OF

tNTERtsoqAroRlEs TO PLArtrjUF" gtsFqgrRY A" LAPFI-E. Q.p.

PLEASE TAKE tlOTlCE that the original of Defendant's1 First Set of

lnterrogatories to Plaintiff Gregory A. Ladele, D.O- has been furnished by U.S. Mail and

a copy by etecironic mait thrs $!b@"ht4/-tL, 201e to:

Marie A. Mattox

Marie A, Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 323A1

nr a tie@ ru atloxlaw. cprn

utshelfe?@mqj$stlsuqqu

m 6 rlens@ m$[o$lqw. eofin

Respectfully submitted,

rd

Florida Bar No, 351539

Email: mccrear@gtlaw. com

Catherine H. Molloy

Florida Bar No. 33500

Email: molloyk@gtlaw.com

Cayla M. Page

1 Plaintiff has named the wrong entity. Plaintiff was employed by MHM Health Professionals, LLC flkla MHM

Health Professionals, Inc.

I

ACTIVE 45688209v1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 49 of 85
Florida Bar No. 1403487

Email: pagec@gtlaw.com

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Attomeys for Defendant

2

ACTIVE 45688209v1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 50 of 85
Filing # 101563315 E-Filed 0T11312020 03:21:41 PM

IN THE GIRCUIT COURT OF THE SECOND JUDICIAL CIRGUIT

IN AND FOR LEON COUNTY, FLORIDA

GREGORY A. LADELE, D.O.,

Plaintiff,

Case No. 201 9-CA-00151 1

CENTURION MANAGED CARE OF

FLORIDA, LLC. d/b/a CENTURION,

LLC,

Defendant.

NOTTCE O-F C.ANCELLAT|ON,.pF HEARING

PLEASE TAKE NOTICE the Defendantl is cancelling the hearing on Defendant's

Motion to Dismiss or,,in the Alternative, for a More Definite Statement on Janua.ry

16i,20;20 at'10:00 a.m. before the Honorable Angela De'mpsey, Leon County Courthouse,

301 S. Monroe Street, Room 301-E, Tallahassee, Flor.ida 32301. The parties have

agreed that the Plaintiff will file an arnended pleading by January 27 ,2020.

Respectfully submitted,

lsl Catherine H. Moltoy

Richard C. McCrea, Jr.

Florida Bar No. 351539

Email: mccrear@gllaw.com

Catherrine H. Molloy

Florida Bar No. 33500

Email: molloyk@gtlaw.com

Cayla M. Page

Florida Bar No. 100,3487

Email: pagec@gtlaw.eom

' The Flaintiff has named.tf'g ylol_q gnlilV gs his employer. At all tlrnes relevant, ptairntiff'was employed b.y

MHM Health Pr,ofessionals, LLC, flkla M,HM Health professionals, lnc,

v

ACTTVE 481'67204v1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 51 of 85
GREE.NBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Atto rn eys fo r D efe rt d a n t

cERilFicArE OF SERUqE

I HEREtsY CERTIFY that on January 13,2AZA,l electr:onically filed the foregoing

document with the Cler"k of the Court by using the E.Filing Portal, which will send a notice

electronically to:

Marie A. Ma,ttox

Marie A. Mattox, P,A.

203 North Gadsden Street

Tallahassee, Florida 3i23A1

m a ri e @ nr att oxlily 

"-cgm

U ich e I I eZ @ nnattg.Xlalr. corn

{L?rle qq @*Unnot**',.o*

/slCatherine H. OV

Attorney2

ACTIVE 48167204v1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 52 of 85
Filing # 99275168 E-Filed lll2ll20l9 03:42:32PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORIDA

GREGORY A. LADELE, D.O.,

Plaintiff,

v, Case No. 201 9-CA-001 51 I

CENTURION MANAGED CARE OF

FLORIDA, LLC. d/b/a CENTURION,

LLC,

Defendant.

DEFENDANT CENTURION OF FLORIDA, LLC'S FIRST SET OF

REqUFq] S FOR PRODUCTION TO PIAINTIFF GREGORY A. LADELE

Defendant Centurion, LLC, d/b/a Centurion Managed Care of Florida, LLC1

("Centurion of Florida" or "Defendant"), by and through its undersigned counsel, and

pursuant to Rule 1,350, Florida Rules of Civil Procedure, hereby requests Plaintiff

Gregory A. Ladele ("Ladele") to produce for inspection and/or copying by the undersigned

counsel for Defendant the following documents, said documents to be produced at the

office of undersigned counsel located in Tampa, Florida, and said documents to be

produced within thirty (30) days of service of this request.

pE EtNf TtoN aNp- | NSTBU9I|ONq

The following preliminary statements, instructions and definitions apply to each of

the requests set forth herein and are expressly deemed to be incorporated therein.

A. As used herein, the term "document" shall mean:

(1) All paper, printed or other tangible items relating to the transmission

or storage of any form of information or communication, including correspondence,

I When Centurion, LLC attempted to register to do business in Florida, it was forced to register under a d/b/a because

of a naming conflict, it chose Centurion Managed Care of Florida,LLC. Accordingly, Centurion, LLC does business

as Cenhrion Managed Care of Florida,LLC in Florida. Plaintiff states this relationship backwards in the caption,

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 53 of 85
letters, text messages, SMS messages, Facebook messages, memoranda, notes,

memoranda of telephone conversations or meetings, telephone messages, electronic

mail or electronic messages regardless of how transmitted, recordings or transcriptions

of voice-mail messages, diaries, calendars, appointment books, audio or video recordings

or files, graphics files, transcriptions, compilations or writings or things of any kind related

to the category in question, including alldrafts or copies thereof, regardless of how made,

reproduced or stored;

(2) All paper, printed or other tangible items containing or related to

medical information, including, in addition to the types of documents in category (1)

above, patient charts, interview notes, progress notes, records of treatment, records of

prescriptions, records of tests and measurements regardless of form, billing records,

insurance claims, payment history, or any other type of document containing patient

history, diagnoses, impressions, testing, medical orders, treatment, or any

communication with the paiient or any other person regarding the patient, compilations or

writings or things of any kind related to the category in question, including all drafts or

copies thereof, regardless of how made, reproduced or stored, whether in paper,

electronic, graphic, or other tangible medium;

(3) All information or data (whether text, data, numeric, audio, video, or

any combination of the above) stored in any form of electronic, graphic or tangible

medium, including computer files or storage devices, sound storage or files, graphics

storage or files, photographic negative or prints, films, or any other tangible recording or

storage medium including tape, disk, cards or wire constituting, containing or pertaining

to the requested categories. lf the information contained in the computer files or other

medium cannot be reviewed or accessed outside of the medium or without software or

equipment, the term document also includes all equipment or software necessary to

access, review, translate or reproduce the requested information.

B. As used herein, the word "produce" shall mean to make available the

documents requested herein for inspection and copying and to separate such documents

into the categories set forth in this request. lf you decline to produce any documents

requested hereinafter on the basis of any asserted privilege, you shall, in your final

response hereto, provide Defendant with the following written information peftaining to

such document:

(i)

(ii)

its date or, if not dated, the date it was prepared or received;

the type of document (e.9,, letter, memorandum, telegram,

photog raph, reprod uction);

its author and addressee;

its present location;

the identity of the individual or persons presently custodian or

(iii)

(iv)

(v)

2

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 54 of 85
(vi)

(vii)

(viii)

(ix)

(x)

custodians thereof;

a general description of its contents;

the number of pages thereof;

the identity of each person who received a copy of the

document and the relationship of such person to you;

whether such document contains or relates to facts or

opinions, or both;

the nature of the privilege (e.9., work product, attorney-client)

that you claim with respect to such document.

C. As used herein, "Defendant," "Centurion," "Centurion, LLC' means

Defendant Centurion, LLC, as well as its directors, officers, employees, agent$, principals

and parent, subsidiary, predecessor, successors, affiliated or related corporations or

business units of such entity.

D. As used herein, "Plaintiff'or "Ladele" means Gregory A. Ladele, as well as

his attorneys and agents, and all persons acting on her behalf.

E. Whenever possible, the originaldocument shall be produced. Where drafts

or copies exist that are not identical to the original documents, including those with

notations or marginalia, those drafts or copies shall also be produced.

DoqLfMENLS rO HF PR9pucEp.

1. All documents which support, or which you believe tend to support, the

allegations that Plaintiff "was terminated because of his protected whistleblower activity,

his race (African American), his age (under 40) and because of reporting discrimination

and being the victim of retaliation thereafter," as alleged in Paragraph No. 52 of the

Complaint

2. All documents which support, or which you believe tend to support, the

assertion set forth in Paragraph No. 13 of the Complaint that "Dr, Ladele repeatedly

complained and raised questions and concerns about the level of staffing at RMC; the

quality of care being provided by Defendant's staff; as well as how Defendant's practices,

3

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 55 of 85
policies, and procedures (or its failure to follow them) affected the quality of care delivered

to inmates. Dr. Ladele also raised concerns about Defendant's compliance with the

various industry and governmental standards, rules, and regulations governing the

delivery of such care, including numerous statutes and regulations concerning health care

facilities management and standards for the delivery of care under the jurisdiction of, or

promulgated by, Florida's Agency for Healthcare Administration and the Florida

Department of Health."

3. All documents which support, or which you believe tend to support, Plaintiff

"raised concerns to senior management about the pedormance of HAS Priscilla Roberts,

a woman known to have used racial slurs against RMC employees in the past..,

Specifically, Roberts had called someone a "ghetto nigger" and Plaintiff voiced his opinion

and opposition to her racial treatment of other staff and the unjusUunequal treatment of

minorities in the workplace" as alleged in Paragraph No. 20 of the Complaint.

4. All documents which support, or which you believe tend to support,

Plaintiff's allegations that he "raised concerns about [ ] failed audits with Director of

Operations Tamara Taylor, Dr, Cherry, and other members of Defendant's senior

management. However, Dr. Ladele's concerns were consistently ignored" as described

in Paragraph No. 21 of the Complaint.

5. All documents which support, or which you believe tend to support,

regarding Plaintiff's reporting on the stocking of crash cads referenced in Paragraph Nos.

27-29 of the Complaint.

6. All documents which support, or which you believe tend to support,

Plaintiff's allegation in Paragraph No. 31 of the Complaint that his "race, age, and the

4

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 56 of 85
complaints and concerns he raised about racism and how Defendant's mismanagement

negatively affected patient care and legal compliance resulted in being subjected to

inferior and difierential treatment compared to older, Caucasian colleagues and coworkers who had not engaged in protected whistleblower activity."

7. All documents which support, or which you believe tend to support,

Plaintitf's alleged "unfair treatment" as described in Paragraph No. 32 of the Complaint.

B. All documents which support, or which you believe tend to support,

Plaintiff's allegation that the "concerns and complaints of Dr. Ladele raised regarding the

standard of care being observed by Defendant and its employees also led to Dr. Ladele

receiving inferior, ditferentialtreatment in comparison to colleagues and co-workers who

raised no similar complaints," as described in Paragraph No. 14 of the Complaint.

9, All documents which support, or which you believe tend to support,

Plaintiff's allegation that the "complaints and concerns Dr. Ladele raised were about

Defendant's delivery and quality of care to inmates not meeting the standard of care

required under these circumstances" as described in Paragraph No, 15 of the Complaint.

10. All documents which support, or, which you believe tend to suppott,

Plaintiff's allegation in Paragraph No. 32 of the Complaint that "Defendant requiring Dr.

Ladele to punch a time clock was neither a justified nor reasonable expectation."

11. All documents which support, or which you believe tend to support,

Plaintiff's allegation in Paragraph No, 34 of the Complaint that he was "frequently forced

by Dr. Cherry to be 'on-call' by telephone during significant portions of his paid annual

leave (often all night)."

5

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 57 of 85
12. All documents which support, or which you believe tend to support,

Plaintiff's allegation that "Dr. Cherry warned Dr. Ladele that his emails 'may not go over

well' with senior Centurion management and that Dr. Ladele should be especially careful

since he was 'the highest paid Regional Medical Director company-wide,"'as alleged in

Paragraph No. 19 of the Complaint.

13. The complete email chain between Plaintiff, Dr. Cherry, and Dr. Keller, and

Ms. Love on or about January 31,2017, as described in Paragraph No. 16 of the

Complaint.

14. The complete emailchain from March 30, 2017, as referenced in Paragraph

No. 17 of the Complaint, and any drafts, fonrvards or replies to the same.

15. All documents which support, or which you believe tend to support,

Plaintiff's allegations that "Ladele placed calls - usually several a day - to RMC's lab...

on August 20,21,23,24, and 25,2017" as described in Paragraph No. 47 of the

Complaint,"

16. All correspondence with Dr. Keller, including "documents and voicemails

illustrating the lack of support he received from Dr. Cherry and Victoria Love,.." as

described in Paragraph No. 30 of the Complaint.

17. All documents and correspondence pertaining to "Patient C.H.' as

described in Paragraph No. 3B of the Complaint.

18. All documents which support, or which you believe tend to supporl,

President Love's writing indicating "that Dr. Ladele had never been disciplined, never

placed on probation, and never investigated for any matter" as described in Paragraph

No. 52 of the Complaint.

6

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 58 of 85
19. All documents provided to the Equal Employment Opportunity Commission

and/or the Florida Commission on Human Relations with regard to the allegations

contained in the Complaint.

20. All diaries, calendars, personal notebooks, notes, journals, photographs or

other such documents kept or maintained by you from January 1 ,2017 to the date of your

response hereto, including but not limited to documents which may be used by you to

recall any events relating to the allegations set forth in the Complaint.

21. To the extent not otherwise produced, all documents relating to your

employment with Defendant, including any documentation that you removed from

Defendant during your employment.

22. To the extent not otherwise produced, all documents which may be used by

you to recall any events relating to any of the allegations in the Complaint.

23. All documents that support the claims for damages sought in the Complaint.

24. All documents related to your efforts to mitigate the damages that you have

allegedly suffered.

25. All applications for employment that you've submitted since your

employment with Defendant terminated.

26. All written, recorded or transcribed statements or affidavits from any

witnesses who claim to have knowledge of any of the allegations in the Complaint.

27. All documents reflecting any communications or correspondence between

you and any present or former employee or agent of Defendant on or after August 31,

2017 through the date of your response hereto.

7

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 59 of 85
28. All text messages, emails, phone logs between you and any current or

former employee of Defendant that relate to your employment with Defendant.

29. All text messages, emails, phone logs between you and any current or

former employee of the Florida Department of Corrections that relate to your employment

with Defendant.

30. All documents identified, described, listed, referred to, consulted or used to

respond to Defendant's First Set of lnterrogatories to Plaintiff.

31. Your complete federal income tax returns, including W-2 and 1099 forms

and any other schedules and attachments, for calendar years 2017, and 2018.

32. Produce a fully executed unemployment compensation records release

form, which is attached hereto for your signature. Complete and attach the form to your

response.

33, Produce a fully executed medical release form, which is attached hereto for

your signature. Complete and attach the form to your response.

34. Any documents not requested in the foregoing paragraphs, which support,

or which you believe tend to support, any of the allegations contained in the Complaint.

Respectfully submitted,

/slCavla M. Paqe

Richard C. McCrea, Jr.

Florida Bar No. 351539

Email: mccrear@gtlaw.com

Catherine H, Molloy

Florida Bar No. 33500

Email : molloyk@gtlaw.com

Cayla M. Page

Florida Bar No, 1003487

Email: pagec@gtlaw.com

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

8

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 60 of 85
Tampa, Florida 33602

(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Atto rn eys fo r D efe nd a nt

gEBfl FTCJTE OF $EBV|C,E,

I HEREBY CERTIFY that on November 21,2019 I served the foregoing by U.S.

Mail and a copy by electronic mailto:

Marie A. Mattox, Esq.

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

Marie@mattoxlaw.com

/s/Cayla M. Paqe

Attorney

9

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 61 of 85
A.UTH O BI ZAT Lq N }' O R R EI1 EAS.E .O F ME D I q AI'. I N FOSMATI O N

PATIENT NAME: Gregory A. Ladele

This will authorize to release any and all medical

records, including but not limiteil to patient charts, notes, comespondence, memoranda,

handwritten or typewriften notes, audio or video tape recordings, psychiatric or

psychological evaluations, counseling records, examination or test results, and billing or

payrnent information or authorizations, relating or pertaining to Gregory A. Ladele,

Social Security Number, **-**.:to

Catherine H. Molloy

Greenberg Trauri g, P.A.

101 E. Kennedy Blvd., Suite 1900

Tampa, Florida 33602

(813) 3 1 8-5700

The released information may be used solely for putposes of litigation in the Glgg.Ul..A,,Jgdglg*

8Q--y-e.eugiary Ms1seed*Qste*pf.llaads-AlLd/bb SepWipn,.LI.Q,, .Qese. "bio" l9-CA:

001 5 1 1 . This authorization will expire at the end of the litigation in the above-referenced case.

PAI'IENTI S STATEM&ITT,qT ggTITS

I understand that pursuant to the HIPAA Privacy Rule I have the right to revoke this

authorization by providing written notice to and to Greenberg

Traurig. I further understand that if the notice is revoked prior to termination of the litigation,

my records may be subject to subpoena by any other parly in the litigation.

Gregory A. Ladele Date

Sworn to and Subscribed Before Me

this 

----- 

day of 2019

Notary Public

My Commission Expires:

DATE OF BIRTFI:

ACTIVE 44808597v1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 62 of 85
AGENCY F'OR WORIilIORCE INNOVA'I]ON

ALi:tH.0-t3lzrA1tIo*NFgRR4.LlrA.spp.rlgppoRD$

'I'his authorization for the release of confidential information contained in the records of the Agency for lVorktbrce lnnovation.

Unless you personally applied for unemployment compensation (UC) benefits ngninst Florida within the past year in order to release

any information contained in the agency's records, this form must be notarized prior to submitting youlrequest. Please indicate the

type of infornration you are sceking,

SECTION I

n I applied for Florida IJC benefits within the past year and have completed SECTION II and provided my signature in SECTION

IV.

n I have not applied for Florida IIC benefits within the past year. I have completed SEC'I'ION II, provided by signature in SECI'ION

IV, and obtained the required notarization rcquired by SIiCTION lV for the release ofthe requested information.

X I am requesting inforntation from your records perlaining to the individual identified in SECTION II who has authorizcd the rclease

of this inJbrmatjon to rne through sjgnahrre and attestation of identity rcquired by SECIION lV below.

fhe inJbrmation I arn rcquesting is:

n Cla.im docurnents

X Othcr (Please Specify)

SECTION II

":k/ri g.ts;

o Computer printout of current wage history n Computer printout of benefit payments

,All dnnrrnrenlc nerfcininrv fn thc inrlirridrrc I identiiied in Sectinn II

(Iirst, Middle, Last)

Zip Code:_ Date of Bitth,

nnvdd/yy,vy)

'I'elephone

StrCTION III

i authorize the Agency for Workforce Innovation to release all records in its possession pertaining to (check one) n me or n the

individual indicated below. I understand this information may include records that reveal my identity, the amount of UC benetits received,

rnedical records, or other evaluations including any drug test information, and/orlhe identity ofernploying units for which I have rvorked. if

requested, the information may include the idcntity of the employing unit to which I was refened for employment.

If tlris. rq(luestjn,!olyes a crrrri case. please. nrovidt Ihe foilolrinfl:

I further authorize the Agency for Workforce Innovation and any ofits employees to appear and provide oral testimony regarding my records

and olier information requested by subpoen4 in ary deposition, hearing or othcr proceeding relevant to Case Style: "(jgig41g,!,Lttdt:te,.|;p*

Iulhe Circult Court of the Fourtee,nth JudicialJirpuit in a$d&:-Uairsltgl$qtjLA$&ULlllsdda_(Identity court/atiminisrrative body). This

authorization is valid until the above styled case is concluded.

The information requested is to be provided to a party other than indicated in SECTION II; please {brward the information in to:

SECTION IV

,Signature oJ'person

ll/ho is the suhject of this r'(,qrlprr:_*_ L)raa:*-_-

City:

Statc ofFlorida

Counly of- . ,

The foregoing instrument was acknowledged before mo this _* day of

Signature

2015 by

(NAME OF NOTARY, TYPED, PRINTED OR STAMPED)

Personally Known 

- 

OR Produced ldentification .-

Type of Identification Produced ***.**

ACTIVE 44798827v1

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 63 of 85
Filing # 102306906 E-Filed 0112712020 09:21:33 PM

IN THE CIRCUIT COURT OF THE

SECOND JUDICIAL CIRCUIT IN

AND FOR LEON COUNTY,

FLORIDA

GREGORY A. LADELB, D.O., CASE NO.: 19-CA-001511

FL BAR NO.: 0739685

Plaintiff,

CBNTURION MANAGED CARE OF

FLORIDA,LLC. DtBtA

CENTURION, LLCO

Defendant.

PLAINTIFF'S MOTION FOR EXTENSION OF TIME

TO F'ILE AMENDED COMPLAINT IN RESPONSE TO DEF'ENDANT'S MOTION TO

DISMISS, OR IN THE ALTERNATIVE. FOR A MORE DEF'INITE STATEMENT

Plaintiff, GREGORY A. LADELE, D.O., through his counsel pursuant to Rule 1.190,

Fla.R.Civ.P., and files this Motion for Extension of Time to File an Amended Complaint and states

the following in supporl thereof:

1. On September 19, 2019,Plaintiff a Motion to Dismiss or, in the Alternative, for a

More Definite Statement.

2. On October 16, 2019, this Court reserved ten (10) minutes to hear Defendant's

Motion on January 16,2020 at 10:00 a.m.

v

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 64 of 85
2

3. On January 14,2020, after the parties conferred and agreed that Plaintiff would file

an Arnended Complaint no later than January 27, 2020, the Defendant filed a Notice of

Cancellation of the hearing.

4. Plaintiff intends to address the issues raised by Defendant in its pending Motion

with an Arnended Complaint. However, due to unanticipated medical issue and resulting

hospitalization of the undersigned who was responsible for preparing the Amended Complaint, the

Amended Complaint could not be filed by the agreed upon deadline of January 27 , 2020. Per

physician's orders, the undersigned remains on medical leave with an anticipated date to return to

work on Wednesday, January 29, 2020. Through this Motion, Plaintiff is requesting that he be

permitted a four (4) day extension up to and including January 31,2020 to file an Amended

Complaint.

5. This Motion is not filed for the purpose of delay but is filed in good faith based on

the representations made above.

6. PlaintifPs Counsel attempted to contact Attorneys for Defendant without sllccess;

however, additional efforts will be made on January 28,2020.

WHEREFORE, Plaintiff respectfully requests that he be permitted to respond to

Defendant's pending Motion to Dismiss or, in the Alternative, for a More Definite Statement, up

to and including January 31,2020, all forthe reasons set forth more fully above.

Respectfu lly submitted,

/s/ Farnita Saunders Hill

Farnita Saunders Hill IFBN 1012158]

MARIE A. MATTOX, P. A.

203 North Gadsden Street

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 65 of 85
3

Tallahassee,FL 32301

Telephone: (850) 383-4800

Facsimile: (850) 383-4801

ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was conveyed via

the e-file portal to all counsel of record thisZTth day of January 2020.

/s/ Farnita Saunders Hill

Farnita Saunders Hill

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 66 of 85
Filing # 102600134 E-Filed 0113112020 10:58:04 PM

IN THB CIRCUIT COURT OF THE

SBCOND JUDICIAL CIRCUIT IN AND

FOR LEON COUNTY, FLORIDA

GRBGORY A. LADELE, D.O., CASE NO.: l9-CA-001511

FL BAR NO.: 0739685

Plaintiff,

MHM HBALTH PROFESSIONALS,

LLC flWa MHM HEALTH

PROFESSIONALS, INC.

Defendant.

AMENDED COMPLAINT

Plaintiff, GREGORY A. LADELE, D.O. ("Dr. Ladele"), hereby sues Defendants, MHM

HEALTH PROFESSIONALS f/k/a MHM HEALTH PROFESSIONALS, INC. ("MHMHP"),

and alleges:

NATURE OF THB ACTION

l. This is an action for whistleblower discrimination and retaliation brought pursuant to

$448.101 et. seq, Florida Statutes and race and age discrimination and retaliation brought pursuant

to Chapter 760, Florida Statutes.

2. This action involves claims which are, individually, in excess of Thirty Thousand

Dollars ($35,000.00), exclusive of costs and interest.

PARTIES

3. Dr. Ladele, is an African American male who, at all relevant times, was under 40

years old. He is an osteopathic physician who has been practicing general medicine in Florida since

I

v

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 67 of 85
2013. He is thus sui iuris.

4. Defendant is a private, for-profit health care provider that specializes in providing

health care services in jail and prison settings. It is a Delaware corporation with its principal place of

business in Vienna, Virginia. At all relevant times, Defendant conducted business in Leon County,

Florida in conjunction and coordination with "Centene," "Centurion, LLC" or "Centurion Florida,"

under a contract with the Florida Department of Corrections ("DOC") to provide health care to

inmates at DOC's Main Reception and Medical Center ("RMC") in Lake Butler, Florida. At all

relevant times, Defendant was authorized Io conduct business under the laws of the state of Florida

and was subject to the provisions of the statutes enumerated herein. At all relevant times, Defendant

was Dr. Ladele's employer as that term is defined in the statutory provisions cited herein.

CONDITIONS PRECBDENT

5. Plaintiff has satisfied all conditions precedent to bringing this action in that, on or

around October 20,2017, Plaintiff filed a charge of discrimination with the Florida Commission on

Human Relations and with the EEOC.

STATEMF"NT OF' TIMATB FACTS

6. In July 2014, Dr. Ladele was first hired by a company called Corizon, LLC

("Corizon") to work under a contract with DOC as Chief Health Officer at a DOC facility in Chipley,

Florida.

7. In August 2015, Corizon promoted Dr. Ladele to the position of Associate Regional

Medical Director for some of the medical facilities it operates at RMC (a large prison-medical

complex).

8. Plaintiff s duties and responsibilities as Medical Director at RMC included, among

other things, managing the staff and operations of a 120-bed hospital for inmates; a Z4-hour urgent

2

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 68 of 85
care clinic; cancer, dialysis, and surgical centers; and a radiology/imaging department.

9 . In May 20 I 6, Centurion "bought out," or otherwise took over Corizon's contract with

DOC for the operation of medical facilities at RMC. Upon information and belief, Centurion and

MHM established a partnership with MHM becoming the hunran resources/hiring entity to provide

medical selices. According to MHM's website, "MHM partnered with Centene Corporation to

create Centurion....the next generation of correctional healthcare. Centurion combines technology,

innovation, and sound clinical services to provide an efficient, yet clinically effective medical service

program for inmate populations. Centurion provides medical services to correctional systems in

Arizona, New Hampshire, Minnesota, Tennessee, Vermont, Mississippi, Florida, and New Mexico."

10. MHM's website further states, "MHM provides behavioralhealth, medicaland dental

specialty services to governmental agencies in a wide variety of patient care settings, including

correctional facilities, state hospitals, courts, juvenile facilities and community clinics. MHM

Services and its subsidiaries serve clients in l6 states across the country."

11. Defendant contends in its position staternent regarding Defendant MHM HEALTH

PROFESSIONALS, INC, hereinafter refered to as MHMHP, "MHMHP is a wholly owned

subsidiary of MHM Services, Inc. ("MHM"). MHM and Centene Corp. formed a joint venture,

Centurion, LLC ("Centurion"), which provides comprehensive health care services to state

governments, including state correctional facilities. In 2016,the Florida Departnient of Corections

("FDOC") awarded a contract ("the Contract") to Centurion of Florida, LLC ("Centurion of FL"), a

wholly owned subsidiary of Centurion, under which Centurion of FL provides medical care for over

80,000 inmates in forty correctional facilities throughout the State of Florida. MHMHP, in turn, has

a subcontract with Centurion of FL to supply the personnel to staff the Contract. In other words,

MHMHP provides healthcare staff as a vendor of FDOC." Under the Centene/Centurion/MHM

3

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 69 of 85
paftnership, Defendant MHM hired Dr. Ladele to continue in his position as Regional Medical

Director for RMC.

12. During Dr. Ladele's tenure with Defendant, he repofted on clinical matters directly

to Dr. Daniel Cherry III, Defendant's State Medical Director, a Caucasian male who at all relevant

times was over 40 years old. Employrnerit decisions about Plaintiff s employment were made from

Defendant's corporate office in Leon County, Florida.

13. Defendant also answered, on administrative matters, to RMC Health Services

Administrator ("HSA") Priscilla Roberls and Defendant's Director of Operations, Tamara Taylor,

both Caucasian females who, at all relevant times were over 40 years old.

14. After several months of ernployment witli Defendant, Dr. Ladele was subjected by

Defendant to inferior, differential treatment in comparison to his older, Caucasian colleagues.

15. Throughout his tenure with Defendant, Dr. Ladele repeatedly reported and raised

questions and concerns about the level of staffing at RMC; the quality of care being provided by

Defendant's staff; as well as how Defendant's practices, policies, and procedures (or its failure to

follow them) affected the quality of care delivered to inmates. Specifically, due to the shortage of

physicians and their working extremely long hours, they were subject to burnout. Dr. Ladele set

forth recommendations regarding how this issue could be addressed; however, his recommendations

went unnoticed, with non-medical staff having the responsibility for scheduling.

16. Dr. Ladele also raised concerns about Defendant's compliance with the various

industry and governmental standards, rules, and regulations governing the delivery of such care,

including numerous statutes and regulations concerning health care facilities management and

standards for the delivery of care under the jurisdiction of, or promulgated by, Florida's Agency for

Healthcare Administration and the Florida Departrnent of Health. By way of example, the outpatient

4

Case 4:20-cv-00080-MW-MAF Document 1-2 Filed 02/10/20 Page 70 of 85
clinic, directly managed by Dr. Ladele, and under the supervision Priscilla Roberts failed audits;

however, these concerns seemirrgly went unnoticed with no action taken.

17. The concerns and complaints Dr. Ladele raised and reported to Defendant's

managerial staff and Centurion's staff regarding the standard of care being observed by Defendant

and its employees also led to Dr. Ladele receiving inferior, differential treatment in comparison to

colleagues and co-workers who raised no similar con'rplaints.

18. By way of example, In December 2016, Dr. Ladele was told he would need to start

punching a timecard using a time clock. As the Regional Medical Director of RMC - a highly-paid,

salaried employee with extensive management responsibilities - Defendant requiring Dr. Ladele to

punch a time clock was neither a jLrstified nor reasonable expectation. In fact, none of his older,

Caucasian co-workers and colleagues, who had not engaged in protected whistleblower activity, were

required to punch a time clock.

19. When on approved vacations, Dr. Ladele was frequently forced by Dr. Cherry to be

"on-call" by telephone during significant portions of his paid annual leave (often all night). Dr.

Ladele was also frequently required to manage clinical problems during the day. When Dr. Ladele

attempted to claim compensation or reimbursement for this time spent working on vacation, or even

just for the cost of the phone calls he made while working during his vacation, he was denied

compensation.

20. Similarly situated, older, Caucasian doctors who had not engaged in protected

whistleblower and other protected activities were not subject to such treatment.

21. Additionally, Dr. Ladele was singled out for extra work/projects that older, Caucasian

doctors who had not engaged in protected whistleblower activity were not required to complete. By

way of example, Dr. Ladele participated in the filming of a public service announcement, which was

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highly requested by Defendant [who requested]. Although Dr. Ladele agreed to perform the

additional task relative to the public service annollncelnent, it consumed a large amount of Dr.

Ladele's free time. Dr. Ladele also prepared a lecture for a conference on Defendant's behalf, which

took up a portion of his fi"ee time.

22. The complaints and concems Dr. Ladele raised and reported to Defendant's

managerial staff and Centurion's staff, involved Defendant's delivery and quality of care to inmates

not meeting the standard of care required under these circumstances.

23. Specifically, on or about January 31,2017,Dr. Ladele wrote a lengthy and detailed

e-mail to, among others, Dr. Cherry (State Medical Director) and Dr. Cheruy's boss, Dr. Jeff Keller,

(Defendant's Chief Medical Officer) and Vicki Love (Vice President of Operations). In this e-mail,

Dr. Ladele explained in detail the grave concerns he had with how short-staffed Defendant's

operation at RMC had become.

24. Dr. Ladele's January 31,2017 email set forth and described some action items he had

proactively come up with for himself to ameliorate the problems Defendant's chronic short staffing

were causing him and his staff.

25. However, Dr. Ladele's January 3l , 2017 e-mail was ignored. On March 31, 2017 , at

1 :1 I p.m., Dr. Ladele sent a follow up email to Janet Dobson, Victoria Love, Dr Cherry, Josephine

Eady, and Priscilla Roberts with the Subject: Staffing Concerns (Update). Specifically, Dr. Ladele

stated, in part:

"I would like it to be duly noted that I have forecasted some of the grave

concerns with several examples (ex. decline in Quality of care of the

patients and Quality of life of the providers) that will follow with this

projected rotated schedule in our meeting. I fully understand what it takes

to manage difficult decisions. For example, I worked on average 60hrs a

week for six months (May 8 2017 - Nov 21 2017) without complaint nor

assistance frorn Leadership, after I provided strong recommendations of

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how to effectively manage UM concerns at RMC. It took l0 months for the

system to demonstrate some improvement after adhering to tlie

recommendations rnade by myself and other site leadership. I truly hope

that we do not find ourselves in the same predicament, especially when this

involves essential personnel, which are our Physicians. These same

physicians have worked within times of severe critical need with covering

Outpatient clinics, Holidays, as well as covered Urgent Care on the

weekends for at least the last year without a mere complaint. For this, I

applaud tlieir dedication and service to the vision of RMC and to the mission

of Centurion and hope for this feat to be acknowledged by Leadership.

I have provided numerous options in Jan 2017 and March 2017, which

seemed to not have been explored nor addressed by Leadership. I have

indicated ways to significantly save money, which again seem to not have

been acknowledged, while awaiting for Leadership to make timely

decisions over a two month period to address pertinent concerns.

In closing, I would like to provide some constructive criticism to Leadership

regarding the management of this site and possibly others.

26. In the above e-mail, Dr. Ladele also described the progress he had made on the action

items he had proactively assigned himself in the January 31,2017 email.

27. Dr. Cherry made it known to Dr. Ladele that he was not happy with Dr. Ladele

sending out e-mails critical of the way Defendant was managing RMC. Specifically, Dr. Cherry

warned Dr. Ladele that his e-mails "may not go over well" with senior Centurion management and

that Dr. Ladele should be especially careful since he was "the highest paid Regional Medical Director

company-wide."

28. Throughout his employment with Defendant, Dr. Ladele raised concerns to senior

management about the performance of HSA Priscilla Roberts, a woman known to have used racial

slurs against RMC employees in the past, nearly costing Roberts her job. Specifically, Roberts had

called someone a "ghetto nigger" and Plaintiff voiced his opinion and opposition to her racial

treatment of other staff and the unjust/unequal treatment of minorities in the workplace. The actions

taken against Plaintiff were taken at least in part because of his opposition to racism in the workplace.

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29. Dr. Ladele rnanaged the clinical staff of the Outpatient Unit. However, the units,

parlicularly the outpatient clinic, which was under Roberts' administration and management,

consistently failed audits due to mismanagement. Dr. Ladele he raised concerns about these failed

audits with Director of Operations Tamara Taylor, Dr. Cherry, and other members of Defendant's

senior management. However, Dr. Ladele's concerns were consistently ignored.

30. On July 25,2017, one of Dr. Ladele's patients, Patient E.S., underwent an emergency

psychological examination conducted by Dr. Pablo Lomangcolob. Patient E.S. was an elderly,

legally blind, male with end stage renal disease, on hemodialysis, who was experiencing altered

mental status.

31. Lomangcolob determined that E.S. was a danger to others due to his biting and

stabbing behaviors and verbal threats he had made. Lomangcolob suggested that, in the near term,

E.S. be placed in his own hospital room and not be put back in the general population.

32. In response to Lomangcolob's repoft, Dr. Ladele consulted with the Warden and

Deputy Warden of RMC and with Centurion HSA Priscilla Roberts. A suggestion was made that

Patient E.S. be placed in solitary confinement. Dr. Ladele advised against this out of concern for

patient safety. Dr. Ladele believed he had secured assurances E.S. would be placed in a hospital bed

rather than solitary confinement.

33. Despite his belief that he had the necessary assurances, E.S. was placed in solitary

confinement anyway. He died the followin g day, July 26, 2077 , as a result of bleeding to death and

after lacking proper supervision, E.S. removed the catheter which facilitated dialysis and proved to

be fatal. Dr. Ladele took all necessary measures to ensure this would not occur, but to no avail, staff

failed to follow his directives and orders.

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34. Dr. Ladele rnade his unhappiness with his orders not being followed and E,.S.'s

outcome known to Priscilla Roberts and his supervisor, Dr. Cherry.

35. In August 2017,Dr. Ladele elevated to Defendant's senior management concerns that

were relayed to him by his clinical staff concerning the stocking of "crash carts" located in RMC

medical facilities. A crash cart is a mobile toolbox containing all the drugs and instruments used to

resuscitate patients who have "coded" and are in or close to cardiac arrest.

36. Among other problems, the crash carts, which were supposed to be stocked in strict

accordance with various governmental and industry-wide rules, regulations, and standards; lacked

necessary, working equipment. For example, one cart lacked an Ambu-bag, (an inflatable plastic

bladder attached to a facemask squeezed to forcibly deliver oxygen to a patient either not breathing

or struggling to breathe).

37. In another case, a physician had to try four laryngoscopes (a lighted scope used to

feed a breathing tube through the larynx into the lungs during intubation) from different crash cafts

before finding a fifth that worked properly, a potentially fatal complication resulting in a critical loss

of time stabilizing a patient who either could not breathe or had serious trouble breathing.

38. On or about August 16,2017, Dr. Ladele contacted Defendant's former Chief Medical

Officer, Dr. Jeffrey Keller, to address the lack of responsiveness by Defendant's senior management

to his concerns over mismanagement and the quality of patient care at RMC. He forwarded to Dr.

Keller documents and voicemails illustrating the lack of support he received from Dr. Cherry and

Victoria Love, Defendant's Vice President of Operations (a Caucasian female over 40) and discussed

with Dr. Keller his concerns over how the mismanagement affected patient care. Dr. Keller told Dr.

Ladele he would "pass along" his (Dr. Ladele's) concerns to the individuals about whom Dr. Ladele

complained. Dr. Ladele had also discussed this same matter with Dr. Keller one month prior.

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39. As previously stated, Dr. Ladele's race, age, and the complaints and concerns he

raised about racism and how Defendant's mismanagement negatively affected patient care and legal

compliance resulted in his being subjected to inferior and differential treatment compared to other

older, Caucasian colleagues and co-workers who had not engaged in protected whistleblower

activity. As stated earlier, Priscilla Roberts has a known history of making racial statements and

having a dislike for African Americans; however, Defendant fails to take a stance to address these

issues. Moreover, other African American employees have made complaints with one employee

facing a suspension after filing a complaint regarding Roberts. Another employee resigned after

voicing concerns that his license could be threatened by the means by which Defendant ignored

various policies and procedures.

40. By way of example only, shortly after Defendant hired Dr. Ladele, he asked if he

could work four, ten-hour-a-day shifts every week instead of five, eight-hour shifts. Dr. Ladele had

requested the shift change at least on three (3) occasions. During a meeting in his office with Dr.

Cherry and Tamara Taylor present, Dr. Ladele once again requested the four daylten-hour shift;

however Dr. Cherry specifically told Plaintiff this was not possible. However, when Dr. Chris

Hadadd, an older Caucasian physician was later hired, Hadadd was allowed to work four ten-hour

shifts a week, whereas Dr. Ladele was not. Infact, when Dr. Ladele complained to Dr. Cherry about

this unfair treatment, Cherry responded this was the way things were going to be because "[he] said

so.tt

41. On or about June 9,2017, Dr. Ladele wrote to the HSA at Suwannee Correctional

lnstitute ("C.I."), Ms. Brandice Corbin and two other staff members, asking that she arrange the

transfer of a Suwanee C.I. prisoner/patient named Patient C.H. from Suwanee C.I. to RMC so that

C.H. could be evaluated for possible treatment of Hepatitis C through the administration of

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specialized drugs.

42. June 9, 2017 was the last day of work with DOC for Ms. Corbin, who assured Dr.

Ladele she would forward the necessary instructions to others at Suwanee C.l. so the transfer would

be arranged after her departure. This apparently never happeried.

43. Dr. Ladele followed up with the Suwannee C.l. administrative staff on June27,2017

inquiring about the status of his original request. His follow-up e-mail was ignored as well.

44. On July 10,2017 , Dr. Ladele enlisted the assistance of RMC HSA Priscilla Roberts,

requesting her help in facilitating the transfer of Patient C.H. from Suwannee C.I. to RMC.

45. Patient C.H. was transferred to RMC on or about July 13,2017.

46. Over the course of the next month, Patient C.H. was tested and evaluated for, and then

cleared to begin Hepatitis C treatment using a drug called Harvoni. Harvoni is a relatively new,

reasonably well-tolerated, oral anti-viral drug that, remarkably, can permanently cure Hepatitis C in

as little as twelve weeks.

47 . In August 2017 , Dr. Ladele wrote orders for lab work for C.H. that were mishandled

or misplaced, resulting in the labs not being done.

48. On August 18, 2017, Dr. Ladele, realizing his ordered lab work had not been

completed, re-ordered the labs and then followed up while on vacation with the lab to make sure

what he ordered was properly completed. Despite his best efforts, the lab conducted the wrong test,

not the one he had originally ordered.

49. While on vacation from August20-27,2017,Dr. Ladele called RMC repeatedly to

ensure the labs he ordered were done properly and that Patient C.H. was prescribed and received

treatment with Harvoni. Despite his tenacious follow-up, this proved harder than pulling teeth

because of the miscommunication and incompetence of various RMC staff who did not work directly

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for Dr. Ladele. For example, on August24,Ladele was notified by the pharmacy it still did not have

the Harvoni prescription he had arranged the week prior.

50. Ladele placed calls - usually several a day - to RMC's lab, pharmacy, and urgent care

clinic on August 20,21,23,24, and 25,2017, trying to get Patient C.H.'s labs completed properly

and get his Harvoni treatment started.

51. Shortly after returning from his vacation, Dr. Ladele was notified that, despite all his

efforts, Patient C.H. had still gone untreated. At this point, there was apparently nothing that Dr.

Ladele could say or do to get other Centurion or DOC staff not under his supervision to treat Patient

C.H. in accordance with his orders.

52. On or about August 30, 201 7,Dr. Ladele was told by Tamera Taylor and Lisa Lynch,

Defendant's Human Resources Department Representative, that he was being suspended because he

was the subject of a complaint that neither Taylor nor Human Resources could describe to him.

53. Despite all of Dr. Ladele's efforts to secure appropriate treatment for Patient C.H. in

the face of the miscommunication, indifference, and incompetence of the staff at Suwannee C.I. and

RMC, Dr. Ladele was unlawfully terminated on September 5, 2017. Despite Dr. Ladele's requests

for reasons for his termination during a telephone call with Tamar Taylor and Lisa Lynch on

September 5,2017, he was never provided a reason.

54. However, more perplexing and as a further example of disparate treatment, on or

about July 31,2017, a little over one month prior, Dr. Ladele was given an annual performance

review completed by Dr. Cherry, with no mention of issues of his performance. Despite all the extra

time and proactive effort Dr. Ladele exerted into his job, duties, and responsibilities, over and above

what his similarly situated colleagues either volunteered or were required to invest, his review

reflected he met expectations in all applicable dimensions and received a few favorable compliments

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on his performance, including, in part, "Dr. Ladele routinely abides by the guiding principles; Dr.

Ladele is a highly organized clinician; Provides competence guidance and management for these

Iob] skills; and the client [DOC] is very pleased with Dr. Ladele's responsiveness to client inquiries

and requests."

55. Moreover, after Dr. Ladele's wrongful termination, he applied for a license to practice

medicine in the state of Arizona. Without hesitation, Defendant's Regional Vice President Lisa Love

indicated in writing, that Dr. Ladele had never been disciplined, never placed on probation, and never

investigated for any matter. Love made no mention of the wrongful termination or any issues with

Dr. Ladele's performance during his tenure with Defendant.

56. In fact, Defendant did not terminate Dr. Ladele for any valid reason. Dr. Ladele was

terminated because of his protected whistleblower activity of issues of non-compliance, staffing

issues, and inmate care, that were critical to the facility's operation but were never addressed. Dr.

Ladele was also terminated based on his race (African American) when the Defendant failed to take

action against a staff member having a history of racial animus, his age (under 40), as compared to

his colleagues who were in their 40, 50's and 60's, and because of reporting discrimination and being

the victim of retaliation thereafter.

57. Dr. Ladele has retained the undersigned to represent his interests in this cause and is

obligated to pay a fee for those services. Defendant should be made to pay said fee under the statutory

provisions cited herein and such other grounds as are authorized by law.

COUNT I

PRIVATE WHISTLEBLOWER RETALIATION

(Brousht under Chapter 448.101. et. seq. Florida Statutes)

58. Paragraphs l-57 are re-alleged and incorporated herein by reference.

59. This is an action forprivate whistleblowerretaliation brought under $448.101, et seq..

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Fla. Stat.

60. As set forth in greater detail above, during Dr. Ladele's employment with Defendant,

he objected verbally and in writing to certain practices of Defendant, its employees, and agents which

violated the applicable reasonable standard of care for the delivery of medical care in a prison

hospital setting, in violation of state and federal laws, including statutes, rules, and regulations

relating to or promulgated by Florida's Agency for Healthcare Administration or the Florida

Depaftment of Health, and and/or refused to participate in practices of Defendant that were in

violation or suspected violation of one or more laws, rules or regulations.

61. After Dr. Ladele's numerous objections to Defendant's and its employees'and

agents' substandard practices, Defendant discriminated and retaliated against Dr. Ladele by, among

other things, unlawfully terrninating him, in violation of $448.101, et seq., Fla. Stat.

62. Dr. Ladele was terminated because he objected to and/or engaged in certain protected

activities. Specifically, he: disclosed, or threatened to disclose, to any appropriate governmental

agency, under oath, in writing, an activity, policy, or practice of the Defendant that is in violation of

a law, rule, or regulation, and Dr. Ladele, in writing, reporled the brought the activity, policy, or

practice to the attention of a supervisor or the Defendant and afforded the Defendant a reasonable

opportunity to correct the activity, policy, or practice; or objected to, or refused to participate in, any

activity, policy, or practice of the Defendant which is in violation of a law, rule, or regulation.

63. The disclosures and objections made by Dr. Ladele were protected under 5448.102,

Fla. Stat.

64. Defendant is liable for the unlawful, discriminatory and retaliatory treatment because

it controlled the actions and inactions of the persons making decisions affecting Plaintiff or it knew

or should have known of these actions and inactions and failed to take prompt and adequate remedial

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action or took no action at all to prevent Dr. Ladele's unlawful treatment.

65. Furthennore, Defendant is liable for its unlawful, discriminatory and retaliatory

treatment because it controlled, allowed, and participated in the same. Defendant's known allowance

and ratification of these actions and inactions created, perpetuated, and facilitated an unlawful

practice within the meaning of the statutes referred to herein. In effect, the actions of agents of

Defendant, which were each condoned and ratified by Defendant, were of an unlawful,

discriminatory and retaliatory nature and in violation of the laws set forth herein.

66. As a direct and proximate result of Defendant's conduct described above, Dr. Ladele

has suffered past and future pecuniary losses, including lost past and future wages and benefits and

interest on the same. Dr. Ladele has also suffered non-pecuniary losses, including loss of reputation,

inconvenience, emotional distress, mental pain and suffering, mental anguish, and loss of enjoyment

of life. These damages have occurred in the past and are permanent and continuing. Dr. Ladele is

also entitled to inj unctive/equitab le rel ief.

COUNT II

RACE DISCRIMINATION (under Chapter 760. Florida Statutes)

67. Paragraphs 1-57 are re-alleged and incorporated herein by reference.

68. This is an action for race discrimination brought under Chapter 760 Fla. Stat.

69. As set forth in greater detail above, Defendant discriminated against Dr. Ladele by,

among other things, subjecting him to inferior and differential treatment and unlawfully terminating

him based on his race (African-American).

70. Defendant is liable for Dr. Ladele's unlawful, discriminatory treatment because it

controlled the actions and inactions of the persons making decisions affecting Plaintiff or it knew or

should have known of these actions and inactions and failed to take prompt and adequate remedial

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action or took no action at all to prevent such unlawful treatment.

71. Furthennore, Defendant is liable for Dr. Ladele's unlawful, discriminatoly treatrnent

because it controlled, allowed, and participated in the same. Defendant's known allowance and

ratification of these actions and inactions created, perpetuated, and facilitated an unlawful practice

within the meaning of the statutes referred to herein. In effect, the actions of agents of Defendant,

which were each condoned and ratified by Defendant, were of an unlawful, discriminatory and

retaliatory nature and in violation of the laws set forth herein.

72. As a direct and proximate result of Defendant's conduct described above, Dr. Ladele

has suffered past and future pecuniary losses, including lost past and future wages and benefits and

interest on the same. Dr. Ladele has also suffered non-pecuniary losses, including loss of reputation,

inconvenience, emotional distress, mental pain and suffering, mental anguish, and loss of enjoyment

of life. These damages have occurred in the past and are permanent and continuing. Dr. Ladele is

also entitled to injunctive/equitable relief and punitive damages.

COUNT III

AGE DISCRIMINATION flI Chanter 760. Florida Statutes)

73. Paragraphs l-57 are re-alleged and incorporated herein by reference.

74. This is an action for age discrimination.

75. As set forth in greater detail above, Defendant discriminated against Dr. Ladele by,

among other things, subjecting him to inferior and differential treatment and unlawfully terminating

him based on his age (under 40),in violation of Chapter 760, Fla. Stat.

76. Defendant is liable for Dr. Ladele's unlawful, discriminatory treatment because it

controlled the actions and inactions of the persons making decisions affecting Plaintiff or it knew or

should have known of these actions and inactions and failed to take prompt and adequate remedial

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action or took no action at all to prevent such unlawful treatment.

77. Fufthermore, Defendant is liable for Dr. Ladele's unlawful, discriminatory treatment

because it controlled, allowed, and participated in the same. Defendant's known allowance and

ratification of these actions and inactions created, perpetuated, and facilitated an unlawful practice

within the meaning of the statutes referred to herein. In effect, the actions of agents of Defendant,

which were each condoned and ratified by Defendant, were of an unlawful, discriminatory and

retaliatory nature and in violation of the laws set forth herein.

78. As a direct and proximate result of Defendant's conduct described above, Dr. Ladele

has suffered past and future pecuniary losses, including lost past and future wages and benefits and

interest on the same. Dr. Ladele has also suffered non-pecuniary losses, including loss of reputation,

inconvenience, emotionaldistress, mental pain and suffering, mental anguish, and loss of enjoyment

of life. These damages have occurred in the past and are permanent and continuing. Dr. Ladele is

also entitled to injunctive/equitable relief and punitive damages.

COUNT IV

RETALIATION (Under Chapter 760" Florida Statutes)

79. Paragraphs l-57 are hereby re-alleged and reincorporated as if set forth in full

herein.

80. Defendant is an employer as that term is used under the applicable statutes

referenced above.

81. The foregoing allegations establish a cause of action for unlawful retaliation after

Plaintiff reported unlawful employment practices adversely affecting him under Chapter 760,

Florida Statutes.

82. The foregoing unlawful actions by Defendant were purposeful.

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83. Plaintiff voiced opposition to unlawful employment practices during his

employment with Defendant and was the victirn of retaliation thereafter, as related in part above.

The events set forth herein led, at least in part, to PlaintifPs termination.

84. Plaintiff is a member of a protected class because he reporled unlawful employment

practices and was the victim of retaliation thereafter. There is thus a causalconnection between the

reporting of the unlawful employment practices and the adverse employment action taken

thereafter.

85. As a direct and proximate result of the foregoing unlawful acts and omissions,

Plaintiff has suffered mental anguish, emotional distress, expense, loss of benefits, embarrassment,

humiliation, damage to reputation, illness, lost wages, loss of capacity for the enjoyment of life,

and other tangible and intangible damages. These damages are continuing and are permanent.

Plaintiff is entitled to punitive damages and injunctive relief.

PRAYER FOR RELIEF'

WHEREFORE, Dr. Ladele demands judgment against Defendant for the following:

(a) that process issue and this Court take jurisdiction over this case;

(b) that this Court grant equitable relief against Defendant under the applicable

counts set forth above, mandating Defendant's obedience to the laws

enumerated herein and providing other equitable relief to Plaintiff;

(c) enter judgment against Defendant and for Plaintiff, awarding all legally

available general and compensatory damages and economic loss to Plaintiff

from Defendant for Defendant's violations of the law enumerated herein;

(d) enterjudgment against Defendant and for Dr. Ladele, permanently enjoining

Defendant from future violations of laws enumerated herein;

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(e) enter judgment against Defendant and for Dr. Ladele awarding Dr. Ladele

attorney's fees and costs; award Dr. Ladele interest, iricluding pre- and postjudgment interest, where appropriate; and

(0 grant such other further relief as being just and proper under the

circumstances.

DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by ju.y on all issues herein that are so triable.

Respectfully Subm itted,

lslMarie A. Mattox

Marie A. Mattox IFBN 0739685]

MARIE A. MATTOX, P. A.

203 North Gadsden Street

Tallahassee,FL 32301

Telephone: (850) 383-4800

Facsimile: (850) 383-4801

ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and corect copy of the foregoing has been served by efilet to all counsel ofrecord this 31st day ofJanuary 2020.

/s/ Marie A. Mattox

Marie A. Mattox

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