EXHIBIT A

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 1 of 68
Washington County OCRS

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Ca$e Number Filed Dat€ ease Typo Statu$ Contested Jury Trial

67201 9CA0001 SOCAAXMX

[1 90001 SOCAAXMX] 08116/2019 Circuit Civil 3-D OPEN NO YFS

Filing Bate' Active eontestad Jud$menl Date

0B/1 6/201 I YES NO

De$cripti0n

DISCRIMINATION

HIilPLOYMENT/OTHHR

Party Namo Party Type Attarn6y Sar lD

RHGISTHR, TIMOTHY ALLEN

ARSUHTLO CO$BY, MARIA

GARCIA Search This Partv

MHM HEALTH PROFE$$IONAL$

LLC D Search This Party

35628

DEFENDANT 1 003487

JUDGE

PLAINTIFF ELLIS, ADAM JAMES

PAGE, CAYLA MCCRFA

Dockets

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REQUE$T FOR FIRST INTSRROGATORIES TO DHFENDANT

RHQUHST FOR PROOUCTION OF DOCUMHNTS TO DHFENDANT

PlaintiffAttorney: Adarn James Hllis A$s;gned to MARTA GARCTA ARGUELLO

c0ssY

NOTICE OF APPHARANCH AND NHSIGNATION OR PRIMARY AND

sEcoNDARY EMATL ADDR[S$E$ ADAM@MATTOXLAW.COM

NOTICE OF SERVICE OF DEFENDANTS REQUEST FOR ADMIS$IONS TO

PLAINTIFF MARIA GARCIA ARGUHLLO COSBY

PLAINTIFF'S RE$PON$[ TO DEFENDANT'S FIRST REQUg$T FOR

PRODUCTION

NOTICH OF SHRVING OF PLAINTIFF'S VHRIFIEP ANSWHRS TO

DEFTNDANT'$ FIRST $ET OF INTERROGATORIES

NOTICE OF SHRVICE OF DHFHNDANTS FIRST SHT OF INTHRROGATORIHS

TO PLAINTIFF MARIA GARCIA ARGUELLO CO$BY

ORNER GRANTING MOTION TO AFPEAR BY FHONE

MOTION TO ATTEND HHARING BY THLEPHONE

NOTICH OF HHARING

Event HEARING scheduled on 116/2020 at 0S15 AM, CH - Judge T|MOTHY

RHSISTHR presiding.

NOTICH OF RHADINH$S FOR JURY TRIAL

AN$WER/COUNTTR AND AFFIRMATIVE DEFENSE$ TO PLAINTIFFS

COMPLAINT

Defendant Attorney: RICHARD C MCCRHA JR Assigned to MHt/l HHALTH

PROFES$IONALS LLC DBA CENTURION OF FLOR

NOTICH OF APPHARANCE CO.COUNSFL

NOTTCH OF AppEARANCH MCCREAR@GTLAW.COM

MOTION FOR EXTTNSION OF TIME TO RESPOND TO PLAINTIFF$

COMPLAINT

Fayment received: $410.00 Receipt Number 19 19004645

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ALL

lmage Doc # Acti0n Date De$criptiorl Fages

https:/iwww.civitekflorida.com/ocrs/applcaseinformation.xhtml?query:W5eJCTngfWU-7... 211712020

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 2 of 68
Judge Assignment History

Court Events

Financial Summary

Reopen History

Washington County OCRS Page2 of2

For additjoual infomration on specific recortls please contrct d:e L.ler.k ofCourl,

lmage Ooc # Action Dats Doscription Fages

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0s/1 9/201 I

08i 1 6/2Ct1 I

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Judge: Assigned

$UMMONS I$SUED FOR MHM HEALTH PROFESSIONALS LLC EMAILHD TO

ATTORNHY

cQMpLAt NT MARt H@MATTOXLAW.COM

CIVIL COVHR $HHHT

Assessment 1 assessed at surn $410.00

Ca$e 672019CA0001s0CAAXMX Fited wiih Cterk on 6/1612019

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https://www.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=w5eJCTngfwU-7... 211712020

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 3 of 68
Filing # 94333719 E-Filed 0811612019 10:53:12 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

or other documents as required by law. This form must be filed by the plaintiff or petitioner for the use of the Clerk of

Court for the purpose of reporting judicial workload data pursuant to section 25.O75, Florida Statutes. (See instructions for

completion.)

t. CASE STYLE

IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT,

IN AND FOR WASHINGTON COUNTY, FLORIDA

Case No

Judge:

Plaintiff

Defendant

vs.

II. TYPE OF CASE

E Condominium

n Contracts and indebtedness

n Eminent domain

n Auto negligence

n Negligence - other

n Business governance

! Business torts

n Environmentalffoxictort

n Third party indemnification

n Construction defect

n Mass tort

f, Negligent security

il Nursing home negligence

n Premises liability - commercial

n Premises liability - residential

n Products liability

n Real Property/Mortgage foreclosure

n Commercial foreclosure $0 - $50,000

n Commercialforeclosure $50,001 - $249,999

n Commercial foreclosure $250,000 or more

n Homestead residential foreclosure $0 - 50,000

tl Homestead residential foreclosure $50,001 -

$249,999

n Homestead residential foreclosure $250,000 or

more

! Non-homestead residential foreclosure $0 -

$50,000

n Non-homestead residential foreclosure

$50,001 - $249,999

n Non-homestead residentialforeclosure

$250,00 or more

n 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

! Professionalmalpractice

n Malpractice - business

X Malpractice - medical

n Malpractice - other professional

X Other

n AntitrusVTrade Regulation

n Business Transaction

n Circuit Civil - Not Applicable

n Constitutionalchallenge-statuteor

ordinance

n Constitutionalchallenge-proposed

amendment

n Corporate Trusts

X Discrimination-employmentorother

n lnsurance claims

tl lntellectual property

n Libel/Slander

n Shareholder derivative action

n Securities litigation

n Trade secrets

n Trust litigation

Electronically Filed Washington Case # 190001S0CAAXMX 08/16/2019 09:53:12PM

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 4 of 68
COMPLEX BUSINESS COURT

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

Administrative Order. Yes n No X

ilt. REMEDIES SOUGHT (check all that apply):

X Monetary;

X Non-monetary declaratory or injunctive relief;

X Punitive

IV NUMBER oF CAUSES OF ACTION: ( )

(Specify)

I

V. IS THIS CASE A CLASS ACTION LAWSUIT?

n Yes

XNo

I

HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?

XNo

n 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 JudicialAdministration2.423.

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

Aftorney or Party (Bar number, if attorney)

vt.

Marie A Mattox 0811612019

(Type or print name) Date

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 5 of 68
MARIA GARCIA ARGUELLO COSBY,

Plaintiff,

IN THE CIRCUTT COURT OF THE

F'OURTEENTH J U D ICLAL CTRCUIT,

IN ATID FOR WASIIINCTON

COUNTY, tT,ORIDA

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

v

MHM H.EALTfI PROFESSIONALS, LLC

DBA CENTURTON OF.FLORIDA

I)efendant

coNlPLAINT

Ptaintiff, MARIA GARCTA ARGUELLO COSBY, hereby sues DefEndant, MHM

HEALTH PROFESSIONAIS, LLC DBA CENI'URION OF FLORIDA, and alleges:

NATURE oF THE ACTION

l. This is an action brought under Chapters 760 and 448, Florida Statutes.

2. This action involves claims which are, individually, in excess of Fitieen Thousand

Dollars ($15,000.00), exclusive of costs and interest.

TI{E PARTTES

3. At all times pertinent hereto, Plaintiff,IVIARIA GARCIA ARGUELLO COSBY,

has been a resident of the State of Florida and was employed by Defendant. Plaintiffis a member

of a prot€cted class due to her Narional Origin and she was retaliated against after reporting

Defendant' s unlawfu I employment practices,

4. At all tirnes peninent hereto, Deferrdant, MHM I{EALTFI PROFESSIONALS,

LLC DBA CENTURION OF F.LORIDA, has been organized and existirrg under the laws of the

State of Florida. At all times pertinent to this action, Defendant has been an "crnployer" as that

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 6 of 68
term is used under the applicable laws idenrified above. Defrndant was Plaintiffs employer as it

relates to these claims.

CONDITIONS PRECEDENT

5. Plaintiff has satisfied all conditions precedent to bringing this action iu that

Plaintiff filed a charge of discrimination with tlre Florida Commission on Human Relations and

with the EEOC. This action is tirnely filed thereafter.

$TATEMENT OF Tfm ULTIMATE FACTI$

6- Plainriff, r Hispanic, Costa Rican born female, began her ernployment with

Defendant in or about April, 2013 and held the ;iosition of Mental Health Professional until her

terminatibn on May 18,2018.

7. Despite her outstanding work perfornrance during hcr employrnent wjth

Defendant, Plaintiffrvas subjected to a hostile work environment, disparate kea$rent, different

terms and conditions of employment, and was hcld to a different standard because of her national

origin, and bccarrse shc reported Defendant's unlawful employment activitics and rvas subject to

retalialion thereafter. Moreover,.PlaintitTbecame the victim of retaliatiorr after she engaged in

constitutionally protected speech.

8, The disparate treatment and retaliation came at the hands of specifically but not

limircd to Health Services Administrator Tara Johnson, Health Services Administrntive Assistant

Brandy Blocke r, and Human Resourccs Director Sarah Brus.

9. Plaintiffhas been treated less .favorably than her co-workers due to her national

origin and for reporting the behavior of Ms. Tara Johnsou, compared specifically but not lirnited

to Mr. Francis Buss, Mr. (f/n/u) Jones, It{r. (f/nfu/) Alderman, Ms, (flrlu) Stalnaker, Ms. (f/rr/u)

2

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 7 of 68
Thompkins, Ms. Brandy Blocker, Ms. Mindy Smith and Ms. Caitlyn Ruddy who are all U.S.

bom.

10. Plaintiffwas also victim of targeted and continuous contrived dress code charges

by Tara Jbhnson occuning on l2l8/19, l2ll2ll6,3l30ll7,4l5ll'1,41?ll7,5ll7lI8 and continuing

until Plainti fl s forced termination.

I L . On April 6,2017 M.rs. Johnson also gave Plaintiff a contrived warning for using

profanity in the workplace, claiming "som@ne in Medical Records heard you saying God damn

it yesterday" which plaintiff vehemently denied.

t2. Ms. Johnson later told Health Services Administrative Assistant Bmndy Blocker

that Plaintiff"is a big cunt" in front of pior ernployce Dr. Vcndryes,

13, Even if Johnson's accusation were true, it illustrates that Defendant failed to hold

Mrs. Johnson to the samc starrdards by which Plaintiff was held.

14. On April 7 ,20a7 Plaintiff filed a formal compluiit against Administmtor Johnson

rvhcrcin she reported disparatc trcatmcnt including duc to her "ethniciry, cultural valucs...." in

the form of being singled for contrived warnings.

15. Plaintiffalso reported that Jobnson was selling diet pills to employee$ at work and

solicited Plaintiffto assist in this behavior against company policy, DOC policy, and various

laws,

I6. Irr rctaliation, Johnson intcnsified her targeting of Plaintiffand assassinated lrcr

professional character through repeated contrived allegptions of wrongdoing in au eftbn to have

'Plaintiffterminated oi to force Plaintiff to resign by subjecting her to a hostile rvork

cnvironment.

3

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 8 of 68
17. By way of exanrple, on April 13, 2017 Ms. Johnson issued another contrived

warning to Plaintiff fo'her dress code violation

18. Multiple investigations have occurted as a result of these types of contrived

allegations and.Defendant is in posscssion of $everat witness statenents and photogaphs of the

clothing which allegcdly violatcd the policies,

19. Defendanr declined to do the same when Plaindffnorified Johnson of a violation

of the drcss code by Ms. Johnson's assistant Ms. Mindy Smith, who is U.S. boru, for wearing

flipflop style sandals

20. Not only uus rhe dress code policy :rot enforced for U.S. bom Ms. Smith, Plaintiff

was told via e-mail by Humm Resources Direstor Ms. Sarah Brus that "it is not yorrr placc to

detennine whether or not anotlter employee is compliant with policy."

21. Despite this seerningly flexible application of thc company dress code it was

applied rather harshly to Plaintiffto support the April warning, dcspite the scnior psychologist

Dr. Mason attesting in writing on May 4, 2018 (substantiated by hvo u,itnesses from sccurity)

that ther€ were no issucs with PlaintifPs outtit.

22. Despite Johnson's coordinated effiore to assassinate Plaintiffs character, Plaintiff

rcceivcd a glowing performance evaluation by her direct supervisor Saba Adhal on June 22,

zol'1.

23. Thc review emphasizetl PlaintifPs positive attitude, attention to detail,'butside

the box thinking... and excellent clinical skills" dubbing Plaintiff "an asset toI\WF'RC".

24. Plaintiff received this glowing review during and after the contrived allegations

took place, it is highJy suspect that such allegations, if found to be accurate, would not have

merited specific mentioning in such a revieu' by Plaintiffs direct supervisor,

4

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 9 of 68
25. On lvtarch 13, 2018 the Rcgional Director Kathleen Douin asked administrative

assisrant Angie Bush if Ms. Bush was leaving due to Ms. Johnson, indicating that other senior

managerrrenr employees, specifically lr4s. Douin were aware of Ms. Johnson's hostile behavior.

26. Ms. Johnson specifically has a history of using contrived charges, unequal

application of rules/procedures, and qpen hostilily to drive employees away from tbe company as

evidenced by thc various accounts numerous prior employees provided by fonner adrnjnistrative

assistant Ms. Angie Bush in her lener of resignation dated March 15, 2018.

27. Ms. Johnson also speciFrcally requested Mr. Fmncis Buss and Ms. (f/n/u)

Stalnaker to falsiff, embeltish, or rcwrite staternents against Plainriffand others.

28. Ms. Johnson also cnlistcd her assistant Brandy Blocker to press employces for

"better" written slatements, one ot' which Ms. Blocker requested from Mr. Francis Buss

regarding Plaintiff. Ms. Blocker threatened to report Mr. Buss with the DOC rnajor if she would

rrot write an incident report against plaintiff.

29. Defcndant also targetcd Hispanic enrployees Dr. Roman, Dr. Bayolo, and Dr.

Cordero and subjected them to sirnilar disparate treatnent in the forrn of contrived allegations

prompting them to resign. be terminated. or be relocated30. By way of anothcr cxamplc, on May 4, 2018 Ms. Johnson gave a final warning

(which ltlainriffrcfused to sign for incorrectness) to.Plsintifffor an alleged incident occuning on

April 30, 2018 wherein Plaintiffallcgedty callcd an officer by the wrong name, afler being

conected, Ms. Johnson alleges that Ms. Cosby stated "you all look alike" as a racial slur towards

African-Americanq,

3 l. The May 4, 20i I final warning also iucludqrJ conmived charges of late arival

time and unplanned paid days off {PDO) which uiere inaccurately reported to Human Resources

)

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 10 of 68
by.Ms. Mindy Snrith, and were later refuted in writing by Ms. Lisa Lynch who confirmed

Plaintiff had 6. I 5 hours of PTO not accouuted for by Ms. Johnson or her assistants.

32. This also demonstrale disparate $€atrneDt by Defendant, who allowed employees

Mr. Francis Buss, Ms. (f/n/u) Salnaker, and lvls. (flnlu) Thompkins, (all of whom are U.S. born)

ro utilize flex-tinre worked aftar 4:30 or ou rveekends in order to make up the tirne when they

alrived late or left early, as w{rs common practice in the workplace33. Plaintiffrvas never once atlowed to account for her time worked after 4:30 rvhile

urder Mrs. Johnson.

34. Plaintiffnotified Human Resources Director Ms. Sarah Brus and Regional

Director lvls. Kathlecn Douin tlrat she belicved this to be retaliation in the form of a contrived

allegation by Mrs. Johrsou for the complaint Plaintiff had filed against her.

35. In the complainr Plaintiff filed, she alleged retoliation, discrimination, hostilo

work environurent, use ofcontrivcd allegations of racial slurs and potential manipulation of

personol time card and or PDO misuse with Defendant's eomplaint departmcnt as rvell and

subrnitted the complaint to Mr. Jesse Shipley.

36. Plaintiff also notified Ms. Bnrs that Ms. Iohnson also nrade unsubstantiated

allegatiorrs that Plaintiffrva,s "terorizing" her co-workers and that she had several cornplaints

rvhich to date had not becn brought to Plsintiff s attention nor indicated on her.perfonnance

evaluation.

37. Ms, Bnrs responded by e-mail noting that she had found the racial slur claim to bc

crcdible despire the fact rhat Sergeant offrcer in question admitted to Plaintiffthai he was the one

who made the comment "Oh that's ok we all look atikc".

6

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 11 of 68
38. Sergeant Johnson who was presentfor the incident in question, and personally

wrote a note to ceiliry that Plaintiff lud never used any types of racial slws in his presence.

39. On May 18,2018 at approximately ll:35 a.m. Plaintiffwas humiliatingly and

forcibly cscortcd off of the premises due to contrived allegation of not following propet DOG

policies related to inmate refenal for furthcr evaluation for psychiatric essessmonl

40. Plai.ntiff had referecl a pfltient to Dr, Mason the day beforq Dr. Mason rtfirsed to

see the padent and when Plaintiffaftempted to e-mail Dr. Mason about the refenal.. D'. Mason

$'ent to Ms. Johnsorr and Ms. Blocker.

4l'. Healttr Services Administrative Assistant Brandy Blocker called security captain

Flemming after refusing to provide Plaintiffwith a written stiatcnrcnt to leave the premises while

under a {inal warning wlrich was.necessary to avoid tenuination.

42. Ms. Blocker told Plaintiff"\t e don't need to accomnrodate you, we will send you

notice."

43. Plaintiffhas reasonably interpreted this forciblc and humiliating rcmoval Fom the

premises as tennination.

44. On May 18. 2018 Plaintiff sent a letter to Defendant regarding tho termination,

stating that Plaintiff was rcsigrring under durcss if Defendant dctermined the forccd rcmoval not

to have been termination.

45. Plaintifrhas retainerl the undersigrrcd to reprcsenther interests in this cause and is

obligated to pay a fee f'or these services. Dcfcndant should be made to pdy said fee under the

laws referenc.ed above.

COUNT I

NAJTONAL ORjGTN pISCRIMTNATION

Paragraphs I thlough 45 are realleged and incorporated hercin by reference.

7

46.

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 12 of 68
47. This is an action against Delbndant fior discrimination based upon nationat origin

brought under Chapter 760, Florida Slatutes.

48. Plaintiffhas been the victim of discrimination on the basis of PlaintifrPs national

origin in that Plaintiff was treatsd differently than similarly situated employees of Defendant

rvho are born and raised in the Unitcd States and has been subject to hostility and poor treatnent

on the basis, at least in part, of Plaintiffs national origin.

49. Defendafrt is liable for the differential treatment and hostility towards Plaintiff

because it controlled the actions and inactions of the pentons rnaking decisions affecting Plaintiff

or it knew or should have known ofthese actions and inactions and failed to take prompt and

adequate remedial actiorr or took no action at all to prcvent the abuscs to Plaintitf. Furthermore-.

Dettndant knowingly condoned and ratitied the differential Featment of Plaintiffas more tully

set forth above because it allowed the differential trearment and participated in same,

50. Defcndant's knorvn allorvance and ratificadon of these actions and inactions

actions created, perpetuatcd and facilitated an abusive and offensive work eDvironment within

the meaning of the statutes referenced above.

5 I. In es$ence, the actions of agents of Defendant wbich were each s6fidsnsd and

ratified by Defendant, wcre boscd on Plaintiffs nafional origin and in violation of the laws sct

forth herein. The discrimination complained of herein affected a term, condirion, orprivilege of

Plaintiffs continucd employment rvith Defendant. The evcnts set forth hcrein lead, at least in

part, to Plaintiffs termination on contrived allegations.

52. Deftudant's conduct and omissions constitutes intentioual discrimination and

urrlawful cmploymcnt praclices bascd upon national origin in violation of Chapter 760, Florida

Starutes.

I

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 13 of 68
53. As a direct and proximate result of Defendant's conduct described above, Plaintiff

has suffered emotional distress, mentat pain and suffering past and future pecuniary losses,

itrconvenienc,e, bodily injury, mentul anguish, Ioss of enjoyment of life and other non-pecuniary

lo$ses, along with lost back and front pay, interest on pay, honuses, and other benetits. These

damages have occurred in the past, arc pennanent and continuing. Plaiotiff is entitlcd to

i nj unctivdeq u itabl e relie f a:rd pun iti ve damages.

COUNT IT

RETALIATION

54. Paragraphs l. through 45 are realleged and incorporated herein by reference.

55. Defendant is an employer as that term is used under the applicable sratutes

rgfersnced above,

56. The fbregoing allegations establish a cause of action for unlawful retaliation after

Plaintiff t'eported or opposed unlawful cmploynrcnt prnctices advcrsely affccting Plaintiffundcr

.Chapter 760, Florida Sta$tes, and other statutory provisions cited herein.

51. The fbregoing unlawfitl actions by Defendant werc purposeful.

58. Plaintiff voiced opposition to unlawful emplol.ment practices during Plaintiffs

ernployment rvith Defendant and was the victim of retaliation thcrcaftcr, as relatcd in part above.

59. Plaintiff is a membcr of a protected class because Plaintiffreported rrnlawful

employmcnt practices and was the victim of retaliation thereafter. There is thus a cuusal

connecdon between the reporting of tho unlawful employrrent practiccs and the adverse

enrployment action taken thereafter.

60. As a direct and proximate result of the foregoing unlawful acts and omissions,

Plaintiffhas suffered mental anguish, emotional distFess, expeuse, loss of benefits,

embarrassment, humiliation, damage to reputation, illness, lost wages, loss of capaciry for the

9

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 14 of 68
enjoyment of life, and other tangible and intangible damages. These danrages are confinuing and

are perrnanent. Plaintiff is antitled to punitive damages and to injunctive relief.

COUNT NI

vloLATIqN oF CHAPTER 448. I'LORIDA STATUTES

6l . Paragraphs 145 ale re-alleged and incorporated herein by reference.

62. This is an action brought under ff48.101, et seq., Florida Statutes'

63. As set forth in greater detail above, during the course of lllaintiffs cmploymcnt,

Plaintilf objccrcd to scrtain practiccs of Defendant that were in violation of statc and/or fedcral.

larvs.

64. After Ptaintiffobjected, Defendant fned her. Plaintiff was terminated after she

objcctcd ro andlor rcfuscd to participate in practices ol"Defendant that wcre in violation of one or

more laws, rules or regulations.

65. Plainriffwas terminatcd bccause she engaged in certainbchavior. Specifically,

Plaintiffobjeuted to, or refused to participate in, any activity, policy, or practice of fhe Defendant

which is in violarion of a law, nlle, or regulation and/or reported the violation and gave the

Defendant an opportunify to correct the problem. Instead of correcting the problem, it got worse

aud Plaintiffwas fired for said rcportirg.

66. The disclosures made by Plaintiffare protecled under $448.102, Florida Statutes.

67. As a direct and proximate cause of PlaintifFs participation in the Whistle Blowing

activities idenrified hercin, Plaintiffhas becn damaged, which danuges include but sre not lirnircd

to lost wagcs und olher tangibte nnd intangiblc damages and every other kind of dnmage allowed by lau'.

Plaintiffhas also suffered emotional pain and sullbring damages and other intangible dunuges that

conrinuc to day, Plaintiff is entitled to injurrctive/equitablo relief and punitive damnges.

l0

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 15 of 68
PRAYER F'OR RELI,EIT

WHEREFOITE, ptainiiff tlernands judgnent against Defendant for the following:

(a) that process issue and this Court take jruisdiction over this casa;

(b) that rhis Court grant equitable relief against Defendant under the

applicable ccrunts sct forth above, mandating Defendant's obedience to the

laws enumerated herein and providing other equiable reliefto Plaintiff;

(c) enter judgment against Defendant and for Plaintiff awarding all legallyavailable general and competlsatory d4mages and economic loss to

Plaintiff liom Defendant for Defendart's violations of law enumernted

hcrein;

(d) enter judgment against Defendant and for Plaintiffpermanently enjoining

Defendant from future violations of law enumerated herein;

(c) enter judgment against Defendarrt and for Plaintiff arvarding Plaintiff

attorney's fces and costs;

(D award Plaintiff irrterest where appropriaie; and

G) grant such other furtber relief as being just and propcr under the

circunrstances, including but not limitod to rcins[atement.

PEMAND FORTRIAL BY JURV

Plaintiffhereby dernands a trial by jury on all issues herein that are so triable.

DATED this 166 day ofAugust 2019.

lt

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 16 of 68
Respectfully subrnitted,

/s/ Marie A. Mattox

M.arie A. Mattox [FBN 0739685J

MARIE A. M.ATTOX, P. A.

203 Nor{h Gadsden Sheet

Tallahassee, FL 32303

Telephone: (850) 383-4800

Facsirnile: (850) 3834801

Mari e(rDmattox I a w.com

Secondary emails:

marlene@mattox I aw.com

michel I e@mattoxlarv.eom

ATTORN.EYS FOR PLAINTIFF

.12

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 17 of 68
Filing # 943337 19 E-Filed 081 I 612019 I 0: 5 3 : I 2 PM

I}IARIA GANCIA ARGT'ELLO COSBY,

PlainHff,

v.

MHM IIEALTH PROFESSIONALS, LLC.

d/b/a CtsIIITIIRION OF FLORIDA,

IN TIIE CIRCINT COTTRT OF TIIE

FOITRTEENTE JUDICIAL CIRCUTT,

IN AIID X'ORWASHINGTON

cot NrY, FLoRIDA

i

CA$E NO.: rg-cA I 50

FLA BARNO.; 07396;85

W, #ar

SUMMONS

Defendant.

THE STATE OF FLORIDA:

To Each Sheriffof the State:

YOU ARE COMIvIANDED to serve this summons and a copy of the complaint or

petition in this astion on Defendant:

MHM IIEALTH PROXESSIONALS, LLC

C/O C T CORPORATION SYSTEM - REGISTERED AGENT

I2OO SOIJTH PINE ISLAI{D ROAD

PLAbTIATION, FL 33324

Each deferrdant is required to seire written defenses to thc cornplaint or petition on

Marie A. Mattox, P. A., Plaintiffs atorney, whosc address is 203 North Gadsden Strect,

Tallahasseg FL 32301, within 20 days after service of this summons on that defendant,

exclusive of the day of service, and to file the original of the defenses rvith the clerk of this court,

either before serve on plaintifs attomey or immediately thereafter. If a defendant fails to do

sq a default will be entered against that defendant for the relief demanded in the complaint or

petition.

DATED on 2019.

CTERK OF T}IE CTRCUITCOURT

q

8rl9l2ol91t$4:52Alrt Lom C. Bsll

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 18 of 68
Filing # 94333719 E-Filed 08lr6DA$ 10:53:12 PM

MARIA GARCIA ARCTIELI.0 COSBY,

Plaintiff,

v.

IN THE CIRCTIIT COiJRT OF TEE

FO I.IRTEENTH JTJDICIAL CIRqUIT,

IN AND FOR WASHINGTON cof,NTv,*Yo

CASE NO.: 19-CA l5O

FLA BAR NO.;0?39685

MEM mALTE PROTESSIONALS, LLC,

d/b/a CENTURION OX' X'LORIDA''

STJMMONS

Defendent.

T}IE STATE OF FLORIDA:

To Each Sheriffof the State:

YOU ARE COMMANDED to serve this summons and a copy of the compliint or

petition in this action on Defendant:

MHM IIEALTH PROFESSIONAI,S, LLC

CYO C T CORPOTIATION SYSTEM.REGISTERED AGENT

I2OO SOUTH PINE ISLANI' ROAI}

PI.AIYfATION, FL 3332.1

Each defendant is required to serle written defenses to the complaint or petition on

Marie A. trtlattox, P. A, Plaintiffs attorney, whose address is 203 North Gadsden Street,

Tallabessce, FL 32301, within 20 days ofier servioe of this sunrnons on that defendant,

exclusive of the day of sorvice, and to file the original of thc defensos with the clerk of this court,

eithpr before serve on plaintiFs attorney or immediately thereafter. If a defendant fails to do

so, a dcfrult will be entered against that defendant for the relief demanded in the complaint or

petition.

DATEDon rg 2019.

CLERK OF T}IE CIRCUITCOURT

U1912O1911:O{:52A i LorE C. B.ll

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 19 of 68
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT

IN AND FOR WASHINGTON COUNTY, FLORIDA

MARIA GARCIA ARGUELLO COSBY,

Plaintiff,

V CASE NO. 19-CA-150

MHM HEALTH PROFESSIONALS, LLC

dlbla CENTURION OF FLORIDA,

Defendant.

DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION

OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT

Defendant MHM Health Professionals, LLC, by and through its undersigned

counsel, hereby moves for a brief extension of time to serve its response to the

Complaint, up to and including September 18, 2019.

1. This action arises out of Plaintiffs' former employment with Defendant.

Plaintiffs filed her Complaint on or about August 16, 2019, alleging national origin

discrimination and retaliation in violation of the Florida Civil Rights Act, Chapter 760,

Fla. Stat., as well as retaliation in violation of Florida Whistleblower Act, F/a. Sfaf. $

448.01, ef seq.

2. Defendant was served with a copy of the Summons and Complaint on

August 22,2019. Accordingly, Defendant's response to the Complaint is currently due

on September 11 ,2019.

3. While Defendant has been diligently working to respond to Plaintiff's

Complaint, other professional obligations have prevented the undersigned from

I

ACTIVE 45747503v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 20 of 68
finalizing Defendant's response. Accordingly, the undersigned requires a brief

extension to complete its response.

4. This motion is being made in good faith and is not being interposed for

purposes of delay.

5. No party will be prejudiced by this requested brief extension of time.

6. The undersigned certifies that she conferred with Plaintiff's counsel with

regard to the relief sought herein, and Plaintiff does not oppose the relief requested.

WHEREFORE, for the foregoing reasons, MHM Health Professionals, LLC

respectfully requests that the Court enter an order extending the time within which

Defendant may file the responsive pleading to Plaintiff's Complaint, up to and including

September 11,2019.

Respectfully submitted,

/s/Catherine H. Mol

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, FL 33602

(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Attorneys for Defendant

2

ACTIVE 45747503v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 21 of 68
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been

furnished by electronic mail this 11th day of September 2019 to

Marie A. Mattox

MARIE A. MATTOX, P.A.

203 North Gadsden Street

Tallahassee, FL 32303

Marie@mattoxlaw.com

marlene@mattoxlaw. com

m ichel le@mattoxlaw. com

/s/Catherine H. Mo

Attorney

3

ACTM 45747503v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 22 of 68
Filing # 95561226 E-Filed 09/1112019 05',22:34Plld

IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT

IN AND FOR WASHINGTON COUNTY, FLORIDA

MARIA GARCIA ARGUELLO COSBY

Plaintiff,

v. CASE NO. 19-CA-150

MHM HEALTH PROFESSIONALS, LLC

d/b/a CENTURION OF FLORIDA,

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 Professionals, 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 subm itted,

/s/Richard C. McC 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

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, FL 33602

ACTTVE 45636183v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 23 of 68
(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Attorneys for Defendant

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been

furnished by the e-filing portal and by electronic mail this 1 1th day of September, 2019 to:

Marie A. Mattox

MARIE A. MATTOX, P.A.

203 North Gadsden Street

Tallahassee, FL 32303

Marie@mattoxlaw.com

marlene@mattoxlaw. com

m ichel le@mattoxlaw. com

/s/Richard C. McCrea Jr

Attorney

2

ACTIVE 45636183v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 24 of 68
Filing # 95561414 E-Filed 0911112019 05:25:39 PM

IN THE CIRCU]T COURT OF THE FOURTEENTH JUDICIAL CIRCUIT

IN AND FOR WASHINGTON COUNTY, FLORIDA

MARIA GARCIA ARGUELLO COSBY

Plaintiff,

v. CASE NO. 19-CA-150

MHM HEALTH PROFESSIONALS, LLC

d/b/a CENTURION OF FLORIDA,

Defendant.

NOTICE OF APPEARANGE

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 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

Respectfu lly subm itted,

/s/Cavla 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

Tampa, FL 33602

ACTIVE 45636222v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 25 of 68
(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Attorneys for Defendant

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been

furnished by the e-filing portal and by electronic mail this 11th day of September, 2019 to:

Marie A. Mattox

MARIE A. MATTOX, P.A.

203 North Gadsden Street

Tallahassee, FL 32303

Marie@mattoxlaw.com

marlene@mattoxlaw. com

m ichel le@mattoxlaw. com

/s/Cavla M. Paqe

Attorney

2

ACTIVE 45636222v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 26 of 68
Filing # 96125087 E-Filed 0912312019 01:25:28 PM

IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT

IN AND FOR WASHINGTON COUNTY, FLORIDA

MARIA GARCIA ARGUELLO COSBY,

Plaintiff,

V CASE NO. 19-CA-150

MHM HEALTH PROFESSIONALS, LLC

d/b/a CENTURION OF FLORIDA,

Defendant.

DEFENDANT MHM HEALTH PROFESSIONALS, LLC'S

ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT

Defendant MHM Health Professionals, LLC,1 by and through its undersigned

counsel, hereby answers the correspondingly-numbered paragraphs of the Complaint as

follows:

NATURE OF THE ACTION

1. MHMHP admits that Plaintiff purports to bring this action pursuant to

S 448.1O1 et seq., Florida Sfafufes, and Chapter 760, Florida Sfafufes, but denies that it

violated any of the aforementioned statutes.

2. MHMHP admits that Plaintiff purports to bring this action for damages in

excess of Fifteen Thousand Dollars ($15,000), exclusive of costs and interests, but denies

that Plaintiff is entitled to any relief or damages.

THE PARTIES

3. MHMHP admits it employed Plaintiff and that she is a member of a

protected class because of her national origin. MHMHP is without knowledge or

t MHM Health Professionals, LLC is incorrectly identified in the Complaint as "MHM Health Professionals, LLC

DBA Centurion of Florida.' MHM Health Professionals, LLC does not do business as Centurion of Florida.

I

ACTIVE 45676938v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 27 of 68
information sufficient to form a belief as to the truth of the allegations of this paragraph

with regard to Plaintiff's residency, therefore, they are denied. MHMHP otherwise denies

the allegations of this paragraph.

4. MHMHP admits that it is a Delaware corporation with its principal place of

business in Vienna, Virginia. MHMHP further admits it is an employer and that it

employed Plaintiff. MHMHP othenrvise denies the allegations of this paragraph.

CONDITIONS PRECEDENT

5. MHMHP admits that Plaintiff filed a charge of discrimination with the Florida

Commission on Human Relations and with the Equal Employment Opportunity

Commission. MHMHP othenruise denies the allegations of this paragraph.

STATEMENT OF THE ULTIMATE FACTS

6. MHMHP is without knowledge or information sufficient to form a belief as to

the truth of the allegations regarding Plaintiff's ethnicity, national origin, and/or place of

birth, therefore, they are denied. MHMHP admits that Plaintiff is a female and held the

position of Mental Health Professional. MHMHP denies that Plaintiff began her

employment with MHMHP in April of 2013 or that Plaintiff was terminated.

7. MHMHP denies the allegations of this paragraph.

8. MHMHP denies the allegations of this paragraph.

9. MHMHP denies the allegations of this paragraph.

10. MHMHP denies the allegations of this paragraph.

11. MHMHP admits that, on or about April 6, 2017, Tara Johnson informed

Plaintiff that she had received a complaint that Plaintiff used profanity in the workplace.

MHMHP othenruise denies the allegations of this paragraph.

2

ACTIVE 45676938v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 28 of 68
12. MHMHP denies the allegations of this paragraph.

13. MHMHP denies the allegations of this paragraph.

14. ln response to the allegations of this paragraph, MHMHP admits that

Plaintiff submitted a complaint regarding Ms. Johnson on April 7, 2017 and further avers

that the complaint speaks for itself. MHMHP othennrise denies the allegations of this

paragraph.

15. ln response to the allegations of this paragraph, MHMHP avers that

Plaintiff's April 7, 2017 complaint speaks for itself. MHMHP othenrvise denies the

allegations of this paragraph.

16. MHMHP denies the allegations of this paragraph.

17. MHMHP admits that, on or aboutApril 13,2017, Plaintiff received a Written

Warning forviolating the Dress Code for Non-Uniformed Employees DOC Policy 208.003.

MHMHP othenrvise denies the allegations of this paragraph.

18. MHMHP admits that Plaintiff submitted photographs of herself to MHMHP

and that MHMHP has statements supporting Plaintiff's violation(s) of the dress code.

MHMHP otherwise denies the allegations of this paragraph.

19. MHMHP denies the allegations of this paragraph.

20. MHMHP admits that Sarah Brus wrote in an email that "it is not your place

to determine whether or not another employee is compliant with policy." MHMHP

othennrise denies the allegations of this paragraph.

21. MHMHP denies the allegations of this paragraph.

3

ACTIVE 45676938v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 29 of 68
22. ln response to the allegations of this paragraph, MHMHP avers that

Plaintiff's June 2017 performance evaluation speaks for itself. MHMHP otherwise denies

the allegations of this paragraph.

23. ln response to the allegations of this paragraph, MHMHP avers that

Plaintitf's June 2017 performance evaluation speaks for itself. MHMHP othenruise denies

the allegations of this paragraph.

24. MHMHP denies the allegations of this paragraph.

25. MHMHP denies the allegations of this paragraph.

26. ln response to the allegations of this paragraph, MHMHP avers that Ms.

Bush's letter of resignation speaks for itself. MHMHP otherwise denies the allegations of

this paragraph.

27. MHMHP denies the allegations of this paragraph.

28. MHMHP denies the allegations of this paragraph.

29. MHMHP denies the allegations of this paragraph.

30. MHMHP admits that Ms. Johnson issued Plaintiff a FinalWarning on May

4,2018 after it was reported that Plaintiff called an officer by the wrong name and that,

after the officer corrected Plaintiff, Plaintiff said "you all look the same to me," which

MHMHP considered a racial slur. MHMHP othenrvise denies the allegations of this

paragraph.

31. MHMHP admits that Plaintiff received a Final Warning on May 4,2018, in

part, for her violation(s) of MHMHP's Time and Attendance policy. MHMHP otherwise

denies the allegations of this paragraph.

32. MHMHP denies the allegations of this paragraph.

4

ACTIVE 45676938v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 30 of 68
33. MHMHP denies the allegations of this paragraph.

34. ln responses to the allegations of this paragraph, MHMHP admits that

Plaintiff submitted a complaint on May 4, 2018 and further avers that the document

speaks for itself. MHMHP otherwise denies the allegations of this paragraph.

35. ln responses to the allegations of this paragraph, MHMHP admits that

Plaintiff submitted a complaint on May 4, 2018 and further avers that the document

speaks for itself. MHMHP othenruise denies the allegations of this paragraph.

36. ln responses to the allegations of this paragraph, MHMHP admits that

Plaintiff submitted a complaint on May 4, 2018 and further avers that the document

speaks for itself. MHMHP otherwise denies the allegations of this paragraph.

37. MHMHP admits that Sarah Brus responded by email stating that she

"investigated the complaint about the racial slur already and found it to be credible."

MHMHP otherwise denies the allegations of this paragraph.

38. MHMHP is without knowledge as to the allegations of this paragraph,

therefore, they are denied.

39. MHMHP admits that, on May 18,2018, Plaintiff was asked to go home for

the day following an altercation with a superior. MHMHP othenruise denies the allegations

of this paragraph.

40. MHMHP denies the allegations of this paragraph.

41. MHMHP admits that after Plaintiff refused to leave the premises, Ms.

Blocker called a security staff member to escort Plaintiff off of the premises. MHMHP

othenruise denies the allegations of this paragraph.

42. MHMHP denies the allegations of this paragraph.

5

ACTIVE 45676938v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 31 of 68
43. MHMHP denies the allegations of this paragraph.

44. MHMHP admits that Plaintiff resigned on May 18,2018. MHMHP othenryise

denies the allegations of this paragraph.

45. MHMHP is without knowledge as to the allegations in the first sentence of

this paragraph and, therefore, they are denied. MHMHP otherwise denies the allegations

of this paragraph.

COUNT I

NATIONAL ORIGIN DISCRIMINATION

46. MHMHP reasserts and incorporates herein its responses to Paragraphs 1

through 45 above.

47. MHMHP admits that Plaintiff purports to bring a claim for national origin

discrimination against MHMHP pursuant to Chapter 76O, Florida Sfafufes. MHMHP

othenrvise denies the allegations of this paragraph.

48. MHMHP denies the allegations of this paragraph.

49. MHMHP denies the allegations of this paragraph.

50. MHMHP denies the allegations of this paragraph.

51. MHMHP denies the allegations of this paragraph.

52. MHMHP denies the allegations of this paragraph.

53. MHMHP denies the allegations of this paragraph.

COUNT II

RETALIATION

54. MHMHP reasserts and incorporates herein its responses to Paragraphs 1

through 45 above.

6

ACTIVE 45676938v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 32 of 68
55. Defendant admits the allegations of this paragraph.

56. MHMHP admits that Plaintiff purports to bring a claim for retaliation against

MHMHP pursuant to Chapter 760, Florida Sfafufes. MHMHP othenruise denies the

allegations of this paragraph.

57. MHMHP denies the allegations of this paragraph.

58. MHMHP denies the allegations of this paragraph.

59. MHMHP denies the allegations of this paragraph.

60. MHMHP denies the allegations of this paragraph.

couNT lll

VIOLATION OF CHAPTER 448- FLORIDA STATUTES

61. MHMHP reasserts and incorporates herein its responses to Paragraphs 1

through 45 above.

62. MHMHP admits that Plaintiff purports to bring a claim under S 448.101,

Florida Sfafufes, against MHMHP.

63. MHMHP denies the allegations of this paragraph.

64. MHMHP denies the allegations of this paragraph.

65. MHMHP denies the allegations of this paragraph.

66. MHMHP denies the allegations of this paragraph.

67. MHMHP denies the allegations of this paragraph.

PRAYER FOR RELIEF

MHMHP denies that Plaintiff is entitled to any of the relief requested by Plaintiff

7

ACTIVE 45676938v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 33 of 68
DEMAND FOR TRIAL BY JURY

MHMHP denies that any case or controversy exists so as to entitle Plaintiff to a

trial by jury.

DEFENDANT MHM HEALTH PROFESSIO NALS- LLC'S AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

Any adverse personnel action taken with respect to Plaintiff was taken for

legitimate, non-discriminatory, non-retaliatory reasons and was predicated upon a ground

other than, and would have been taken absent, Plaintiff's alleged protected category or

exercise of a right protected by the Florida Private Whistleblower Act or Chapter 760,

Florida Sfafufes.

SECOND AFFIRMATIVE DEFENSE

To the extent Plaintiff establishes any unlawful action was taken, which MHMHP

denies, MHMHP would have taken the same action and decision in the absence of any

alleged unlawful motivating factor.

THIRD AFFIRMATIVE DEFENSE

Any compensatory or punitive damages are limited to the amounts authorized by

the Florida Civil Rights Act, Fla. Stat., SS 760.01 ef seq.

FOURTH AFFIRMATIVE DEFENSE

Any and all alleged adverse employment actions taken by MHMHP, which

impacted Plaintiff, were predicated upon and motivated by non-discriminatory, nonretaliatory reasons and as such, Plaintiff cannot prove that such actions were motivated

8

ACTIVE 45676938v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 34 of 68
by discrimination or retaliation or alternatively, that "but fo/' the alleged discrimination or

retaliation the alleged actions would not have been taken.

FIFTH AFFIRMATIVE DEFENSES

Any alleged unlawful actions by current or former employees of MHMHP were

undertaken outside the course and scope of their employment or by third parties, and any

such actions cannot form the basis for Plaintitf's purported whistleblower claim because

MHMHP has not ratified, authorized, or condoned any such unlawful conduct.

SIXTH AFFIRMATIVE DEFENSE

To the extent that Plaintiff has failed to make reasonable efforts to mitigate her

damages, she is not entitled to relief.

SEVENTH AFFIRMATIVE DEFENSE

After-acquired evidence of Plaintiff's misconduct, if discovered, may bar some or

all of Plaintiff's claims, allegations, or alleged damages.

EIGHTH AFFIRM ATIVE DEFENSE

MHMHP is entitled to a set-off for, among other things, any amounts recovered by

Plaintiff from any collateral source or through her efforts to mitigate damages.

NINTH AFF TIVE DEFENSE

To the extent that Plaintitf's claims are barred, either in whole or in part, by any

applicable statute of limitations, Plaintiff is precluded from recovering on those claims.

TENTH AFFIRMATIVE DEFENSE

Plaintiff's claims may be barred by the doctrines of unclean hands, laches, waiver,

and/or estoppel.

I

ACTIVE 45676938v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 35 of 68
ELEVENTH AFFIRMATIVE DEFENSE

Plaintiff's claims are barred, in whole or in part, because her own acts and

omissions proximately caused or contributed to any alleged loss or injury.

TWELFTH AFFIRMATIVE DEFENSE

Plaintiff's claims are barred, in whole or in part, due to her failure to exhaust her

adm inistrative remedies.

THIRTEENTH AFFIRMATIVE DEFENSE

MHMHP denies that Plaintiff is entitled to injunctive or equitable relief.

WHEREFORE, Defendant MHM Health Professionals, LLC respectfully requests

that judgment be entered in its favor and against Plaintiff, and that it be awarded costs

and attorneys' fees incurred in defending this action, as well as such further relief as the

Court deems just and appropriate.

Respectfu lly subm itted,

/s/Catherine H v

Richard C. McCrea, Jr.

Florida Bar No. 351539

Email: mccrear@gtlaw. com

Catherine H. Molloy

Florida Bar No. 3500

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, FL 33602

(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Attorneys for Defendant MHM Health

Professionals, LLC

ACTIVE 45676938v1

10

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 36 of 68
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been

furnished by electronic mail this 23'd day of September, 2019 to:

Marie A. Mattox

MARIE A. MATTOX, P.A.

203 North Gadsden Street

Tallahassee, FL 32303

Marie@mattoxlaw.com

marlene@mattoxlaw. com

m ichelle@mattoxlaw. com

/s/Catherine H. V

Attorney

ACTIVE 45676938v1

11

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 37 of 68
Filing # 96875249 E-Filed 10107/2019 05:14:02PM

MARIA GARCIA ARGUELLO COSBY,

Plaintiff,

v

MHM HEALTH PROF',ESSIONALS, LLC.

d/b/a CENTURION OF FLORIDA'

Defendant.

IN THE CIRCUIT COURT OF THE

FOURTEENTH JUDICIAL CIRCUIT,

IN AND FOR WASHINGTON

couNTY, FLORTDA

CASE NO.: 19-CA 150

FLA BAR NO.: 0739685

/

NOTICE OF'READ SS T'OR.IURY TRIAL

TO Richard C. McCrea, Jr.

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

Plaintiff, MARIA GARCIA ARGUELLO COSBY, pursuant to Rule 1.440, Florida

Rules of Civil Procedure, gives notice that this cause is at issue and ready to be scheduled for jury

trial. Plaintiff estimates that approximately three (3) days will be required for trial.

Respectfully submitted,

/s/ Marie Mattox

Marie Mattox (FBN: 739685)

MARIE A. MATTOX, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

Primary Email : marie@mattoxlaw.com

Secondary Email: marlene@mattoxlaw.com

(850) 383-4800 (telephone)

(850) 383-4801 (facsimile)

ATTORNEYS FOR PLAINTIFF

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 38 of 68
CERTIF'ICATE OF SERVICE

I HEREBY CERTIFY that atrue and correct copy of the foregoing Notice of Readiness

for Trial has been furnished to all counsel of record via the Florida E-Filing Portal this 7th day of

October,2019.

/s/ Marie Mattox

Marie Mattox

2

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 39 of 68
Filing # 97721556 E-Filed 1012312019 10:12:30 AM

IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT

IN AND FOR WASHINGTON COUNTY, FLORIDA

MARIA GARCIA ARGUELLO COSBY,

Plaintiff,

v. CASE NO. 19-CA-150

MHM HEALTH PROFESSIONALS, LLC

d/b/a CENTURION OF FLORIDA,

Defendant.

NOTICE OF HEARING

PLEASE TAKE NOTICE that a hearing has been scheduled on Plaintiff's Notice of

Readiness for Jury Trial on January 6,2020 at 9:15 a.m. or as soon thereafter as they

may be heard, before the Honorable Timothy Register, Washington County Courthouse,

1293 Jackson Ave., Chipley, Florida 32428.

TIME RESERVED: 15 Minutes

PLEASE GOVERN YOURSELF ACCORDINGLY.

Respectfu I ly su bm itted,

/s/Catherine H. Mollov

Richard C. McCrea, Jr.

Florida Bar No. 351539

Email: mccrear@gtlaw.com

Catherine H. Molloy

Florida Bar No. 3500

Email : molloyk@gtlaw. com

Cayla M. Page

Florida Bar No. 1003487

Email: pagec@gtlaw. com

ACTIVE 46730717v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 40 of 68
GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, FL 33602

(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Attorneys for Defendant MHM Health

Professionals, LLC

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been

furnished by electronic mail this 23rd day of October, 2019 to:

Marie A. Mattox

MARIE A. MATTOX, P.A.

203 North Gadsden Street

Tallahassee, FL 32303

Marie@mattoxlaw.com

m arlene@mattoxlaw. com

m ichel le@mattoxlaw. com

/s/Catherine H. Mollov

Attorney

2

ACTIVE 46730717v1

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 41 of 68
Filing # 97829227 E-Filed 10/2412019 02:58:08 PM

IN THE CIRCUIT COURT OF THE

FOURTEENTH JUDICIAL CIRCUIT,

IN AND FOR WASHINGTON

couNTY, FLORIDA

MARIA GARCIA ARGUELLO COSBY,

Plaintiff,

v CASE NO.: 19-CA 150

MHM HEALTH PROFESSIONALS, LLC.

d/b/a CENTURION OF FLORIDA,

Defendant.

MOTION TO ATTEND HEARING BY TELEPHONE

Plaintiff, Maria Garcia Argeuello Cosby, by and through her undersigned attorney, and

pursuant to Fla. R. Jud. Admin. 2.530(c), hereby request that Marie A. Mattox, counsel for

Plaintiff, be allowed to affend the hearing scheduled for Monday, January 6, 2020 at 9:15 a.m.

CT/I0:15 a.m. ET, before the Honorable Timothy Register, by telephone and in support therefore

states as follows:

l. Marie A. Mattox, requests she be allowed to appear at the hearing by telephone due to

travel time and costs.

WHEREFORE, Plaintifls undersigned counsel hereby requests that she be permitted to

appear via telephone for the January 6,2020 hearing in said matter.

Respectfully submitted,

/s/ Marie A. affor

Marie A. Mattox [FBN 0739685]

MARrE A. MATTOX' P.A.

203 North Gadsden St

Tallahassee, Florida 32301

Primary Email: marie@mattoxlaw.com

Secondary Email : michelle(Em

(850) 383-4800 (telephone)

(850) 383-4801 (facsimile)

ATTORNEYS FOR P LAINTIFF

/

.com

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 42 of 68
2

CERTIF'ICATE OF' SERVICE

I HEREBY CERTIFY that atrue and correct copy of the foregoing has been furnished to

all counsel of record by Florida Courts E-filing Portal this24th day of Octobe\2019.

/s/ MarieA. Mallox

Marie A. Maffox

Patty Kelly, Judicial Assistant

(via email: kelleyp@judl4.flcourts.ore )

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 43 of 68
Filing # 97933609 E-Filed 1012812019 09.,22:29 ANI

IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT

IN AND FOR WASHINGTON COUNTY, FLORIDA

MARIA GARCIA ARGUELLO COSBY,

Plaintiff,

v CASE NO.: 19-CA 150

MHM HEALTH PROFESSIONALS, LLC

d/b/a CENTURION OF FLORIDA,

Defendant.

ORDER ON PLAINTIFF'S MOTION TO APPEAR BY TELEPHONE

This matter having come before the Court on Plaintifls Motion to Appear by Telephone

for the hearing scheduled for January 6,2019 at9:75 a.m. CT, and this Court having reviewed

the record and being otherwise fully advised in the premises it is

l. ORDERED AND ADJUDGED that Plaintiffls Motion to Appear by Telephone is

Granted.

2. Plaintiff has consulted with counsel for Defendant and there is no objection to this

request, Defendant also wishes to appear via-telephone.

3. Plaintiff s counsel is permitted to appear by telephone but must first conference in

Defendant's counsel by contacting 850-547-1106 at least five (5) minutes prior to

the hearing time.

DONE AND ORDERED in Chambers, Washington County, Florida, this 28th day of

October,2019.

/L5

Timothy Register, Circuit Judge

CERTIF'ICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided by

E-Service delivery on this 28th day of October, 2019,to the following:

Marie A. Mattox, Esq.

Marie A. Mattox, PA

203 North Gadsden St.

Tallahassee,FL 32301

marie@mattoxlaw.com

michelle2 (d,m atto x I aw. c o m

emerson@ mattoxlaw.com

Catherine H. Molloy, Esq.

Richard C. McCrea, Jr., Esq.

GRI,ENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, FL33602

mccrear@gtlaw.com

molloyk@etlaw.com

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 44 of 68
Filing # 99274843 E-Filed 1ll2ll20l9 03.40.,27 PM

IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT

IN AND FOR WASHINGTON COUNTY, FLORIDA

MARIA GARCIA ARGUELLO COSBY,

Plaintiff,

v cAsE NO. 19-CA-150

MHM HEALTH PROFESSIONALS, LLC

dlbla CENTURION OF FLORIDA,

Defendant.

NOTICE OF SERVICE OF DEFENDANT'S FIRST SET OF

INTERROGATORIES TO PLATNTIFF MARIA GARCIA ARGUELLO GOSBY

PLEASE TAKE NOTICE thatthe original of Defendant's First Set of lnterrogatories

to Plaintiff Maria Garcia Arguello Cosby has been furnished by U.S. Mail and a copy by

electronic mailthis I

(,1- 2019 to

Marie A. Mattox

MARIE A. MATTOX, P^A.

203 N Gadsden Street

Tallahassee, FL 32301

marie@mattoxlaw.com

michel le2@mattoxlaw. com

m a rle ne@ m a-t.toxlaw. gp m.

Respectfully submitted,

Richard cCrea,

Florida Bar No. 351539

Email : mccrear@gtlaw.com

Catherine H. Molloy

Florida Bar No. 3500

Email : molloyk@gtlaw. com

Cayla M. Page

Florida Bar No. 1003487

Email: pagec@gtlaw.com

GREENBERG TRAURIG, P.A.

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 45 of 68
101 E. Kennedy Boulevard, Suite 1900

Tampa, FL 33602

(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Attomeys for Defendant MHM Health

Professionals, LLC

2

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 46 of 68
Filing # 102447455 E-Filed 0112912020 04:27:08 PM

IN THE CIRCUIT COURT OF THE

FOURTEENTH JUDICIAL CIRCUIT

IN AND FOR WASHINGTON

couNTY, FLORTDA

MARIA GARCIA

ARGUELLO COSBY, CASE NO.: 19-CA-150

Plaintiff,

MHM HEALTH PROFESSIONALS, LLC

d/b/a CENTURION OF FLORIDA,

Defendant.

NOTICE OF SERVICE OF PLAINTIFF'S VERIF'IED ANSWERS

TO DEFENDANT'S FIRST SET OF INTERROGATORIES

Notice is hereby given that Plaintiffs Verified Answers to Defendant's First Set of

Interrogatories have been furnished by electronic mail to counsel for Defendant, CAYLA M.

PAGE pagec@gtlaw.com on January 29,2020.

Respectfully submitted,

/s/ Marie A. Mattox

Marie A. Mattox [FBN 0739685]

MARIE A. MATTOX, P.A.

203 North Gadsden Street

Tallahassee,FL 32301

Telephone: (850) 383-4800

Facsimile: (850) 383-4801

marie@mattoxlaw.com

susan@mattoxlaw.com

v

ATTORNEYS FOR PLAINTIFF

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 47 of 68
Filing # 102447455 E-Filed 0112912020 04:27:08 PM

IN THE CIRCUIT COURT OF THE

F'OURTEENTH JUDICIAL CIRCUIT

IN AND FOR WASHINGTON

couNTY, FLORTDA

MARIA GARCIA

ARGUELLO COSBY, CASE NO.: 19-CA-150

Plaintiff,

MHM HEALTH PROFESSIONALS, LLC

d/b/a CENTURION OF FLORIDA,

Defendant.

PLAINTIF'F'S RESPONSE TO

DEFENDANT'S FIRST REOUEST F'OR PRODUCTION

Plaintifl MARIA GARCIA ARGUELLO COSBY, by and through her undersigned

counsel, responds to Defendant's First Request for Production of Documents as follows

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

Paragraph No. 22 of the Complaint that Plaintiff received a "glowing performance evaluation."

RESPONSE:

Please see attached

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

Plaintiff was "subjected to a hostile work environment, disparate treatment, different terms and

conditions of employment, and was held to a different standard because of Plaintiffs national

origin, and because Plaintiff reported Defendant's unlawful employment activities and was

subject to retaliation thereafter" as alleged in Paragraph No. 7 of the Complaint.

RESPONSE:

Please see affached

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

to Human Resources Director Ms. Sarah Brus and Regional Director Ms. Kathleen Douin

referenced in Paragraph No. 34-35 of the Complaint alleging "retaliation, discrimination, hostile

work environment, use of contrived racial slurs and potential manipulation of personal time card

and or PDQ."

v

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 48 of 68
RESPONSE:

Please see attached.

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

Paragraph No. 26 of the Complaint that "Ms. Johnson specifically has a history of using

contrived charges, unequal application of rules/procedureso and open hostility to drive employees

away from the company as evidenced by the various accounts numerous prior employees

provided by former administrative assistant Ms. Angie Bush in her letter of resignation dated

March 15,2018 ."

RESPONSE:

Please see attached.

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

contained in Paragraph No. l0 of the Complaint of "targeted and continuous contrived dress code

charges by Tara Johnson occurring on 12/8119, 12112116,3130117,415/17,417117,5117118 and

continuing until Plaintiff s forced termination."

RESPONSE:

Please see attached. Also note: Dress code incident request for 12/8/19 is not possible as

Plaintiffwas terminated in 2018.

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

contained in Paragraph No. 1l of the Complaint that "[o]n April 6, 2017 Mrs. Johnson also gave

Plaintiff a contrived warning for using profanity in the workplace."

RESPONSE:

Please see attached

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

referenced in Paragraph No. 31 of the Complaint that "[Ms. Johnson's] contrived charges of late

arrival time and unplanned paid days off (PDQ) ... were inaccurately reported to Human

Resources."

RESPONSE:

Please see attached.

8. All documents which support, or which you believe tend to support, Plaintiffs report

"that Johnson was selling diet pills to employees at work and solicited Plaintiff to assist in this

behavior against company policy, DOC policy, and various laws" contained in Paragraph No. 15

of the Complaint.

RESPONSE:

Please see attached.

2

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 49 of 68
9. All documents which support, or which you believe tend to support, Plaintiffs assertion

in Paragraph No. 18 of the Complaint that "[m]ultiple investigations have occurred as a result of

these types of contrived allegations and Defendant is in possession of several witness statements

and photographs of the clothing which allegedly violated these policies."

RESPONSE:

Other than what has been previously produced in Response Number 2, there are no documents

responsive to this request in PlaintifPs possession, custody, or control.

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

that "senior psychologist Dr. Mason attest[ed] in writing on May 4,2018 (substantiated by two

witnesses from security) that there were no issues with Plaintiffs outfit" as alleged in Paragraph

No.2l.

RBSPONSE:

Please see attached. *Complaint date is May 4,2018. Actual date is May 14, 2018.

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

Paragraph No. 27 of the Complaint that "Ms. Johnson also specifically requested Ms. Francis

Buss and Ms. (flnlu) Stalnaker to falsify, embellish, or rewrite statements against Plaintiff and

others.t'

RESPONSE:

Please see attached

12. The complete email chain as referenced in Paragraph No. 37 of the Complaint, and any

drafts, forwards or replies to the same.

RESPONSE:

Please see attached

13. All documents which support, or which you believe tend to support, the allegations of

Paragraph No. 28 of the Complaint that "Ms. Johnson enlisted her assistant Brandy Blocker to

press employees for 'better' written statements, one of which Ms. Blocker requested from Mr.

Francis Buss regarding Plaintiff. Ms. Blocker threatened to report Mr. Buss with the DOC major

if she would not write an incident report against plaintiff."

RESPONSE:

There are no documents responsive to this request in Plaintifls possessiono custody, or control

14. All documents which support, or which you believe tend to support, the allegations of

Paragraph No. 29 of the Complaint that "Defendant also targeted Hispanic employees Dr.

Roman, Dr. Bayolo, and Dr. Cordero and subjected them to similar disparate treatment in the

form of contrived allegations prompting them to resign, be terminated, or be relocated."

J

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 50 of 68
RESPONSE:

Please see attached.

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

referenced in Paragraph No. 14 of the Complaint alleging "disparate treatment including due to

her'ethnicity, cultural values ....' in the form of being singled for contrived warnings."

RESPONSE:

Please see attached

16. All correspondence with Human Resources, particularly Ms. Sarah Brus, Ms. Kathleen

Douin, and Mr. Jessie Shipley, as referenced in Paragraph No. 34 and 35 of the Complaint.

RESPONSE:

Please see attached.

17. All documents which support, or which you believe tend to support, the allegations of

Paragraph No. 65 of the Complaint that "Plaintiff 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

andlor reported the violation and gave the Defendant an opportunity to correct the problem.

Instead of correcting the problem, it got worse and Plaintiff was fired for said reporting."

RESPONSE:

Other than what has been previously produced in Response Number 2, there are no documents

responsive to this request in Plaintiffls possession, custody, or control.

18. All documents which support, or which you believe tend to support, the allegations of

Paragraph Nos. 53, 60, and 67 that Plaintiff has suffered emotional distress, mental pain and

suffering, expense, embarrassment , humiliation, damages to reputation, illness, and loss of

capacity for the enjoyment of life.

RESPONSE:

Please see affached

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.

RESPONSE:

Please see affached

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

documents kept or maintained by you from January l, 2076 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.

4

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 51 of 68
RESPONSE:

None, other than the documents produced responsive to other requests herein, have been

identified at this time.

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.

RESPONSE:

None, other than the documents produced responsive to other requests herein, have been

identified at this time.

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.

RESPONSE:

None, other than the documents produced responsive to other requests herein, have been

identified at this time.

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

RESPONSE:

See response to 2 above. In additiono and without limitation: please see attached

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

suffered.

RESPONSE:

Please see attached.

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

Defendant terminated.

RESPONSE:

Other than what has been previously produced in Response Number 24, there are no documents

responsive to this request in Plaintiff s possession, custody, or control.

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.

RESPONSE:

Please see attached.

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.

5

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 52 of 68
RESPONSE:

Please see attached.

28. All text messages, emails, phone logs between you and any current or former employee

of Defendant that relate to your employment with Defendant.

RESPONSE:

In addition to what has been previously produced in Response Numbers 27, please see attached.

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.

RESPONSE:

Other than what has been previously produced in Response Numbers 27 and 28, there are no

documents responsive to this request in Plaintiff s possession, custody, or control.

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

Defendant's First Set of Interrogatories to Plaintiff.

RESPONSE:

Please see attached.

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

schedules and attachmentso for calendar years2017 and 2018.

RESPONSE:

Please see attached.

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.

RESPONSE:

Please see attached.

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

signature. Complete and attach the form to your response.

RESPONSE:

Plaintiff objects to each request to the extent that it seeks information that is confidential or

which is not relevant to the subject matter involved in the pending action and is not reasonably

calculated to lead to the discovery of admissible evidence.

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.

6

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 53 of 68
RESPONSE:

None, other than the documents produced responsive to other requests herein, have been

identified at this time.

Respectfully submitted,

/s/ Marie A. Mattox

Marie A. Mattox [FBN 0739685]

MARIE A. MATTOX, P.A.

203 North Gadsden Street

Tallahassee,FL 32301

Telephone: (850) 383-4800

Facsimile: (850) 383-4801

marie@mattoxlaw.com

susan@mattoxlaw.com

ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that atrue and correct copy of the foregoing has been served upon

all counsel of record through the e-portal and electronic communication this 29th day of January

2020 to the attorneys listed below:

GREENBERG TRAURIG, P.A.

Cayla M. Page

Richard C. McCrea, Jr.

Catherine H. Molloy

paeec@gtlaw.com

mccrear@gtlaw.com

mollovk@gtlaw.com

101 E. Kennedy Blvd.

Suite 1900

Tampa, FL 33602

/s/ Marie A. Mattox

Marie A. Mattox

7

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 54 of 68
Filing # 103176791E-Filed 0211212020 10:56:16 AM

IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT

IN AND FOR WASHINGTON COUNTY, FLORIDA

MARIA GARCIA ARGUELLO COSBY,

Plaintiff,

V. CASE NO. 19-CA-150

MHM HEALTH PROFESSIONALS, LLC

d/b/a CENTURION OF FLORIDA,

Defendant.

NOTICE OF SERVICE OF DEFENDANT'S REQUEST FOR ADMISSIONS

TO PLAINTIFF MARIA GARCIA ARGUELLO COSBY

PLEASE TAKE NOTICE that the original of Defendant's First Request for

Admissions to Plaintiff Maria Garcia Arguello Cosby has been furnished by electronic mail

this 12th day of February, 2020 to:

Marie A. Mattox

MARIE A. MATTOX, P.A.

203 N Gadsden Street

Tallahassee, FL 32301

tlt Rri.P@ m q.l!oxl g*t. co n

m i e h e.ll.e?@,fn att"oxl aw..co m

q q.rlB.ne (Q m ptlp,xl"aw. qBm.

Respectfully submitted,

/s/ Catherine H. Mollov

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

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 55 of 68
GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Attorneys for Defendant

2

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 56 of 68
Filing # 103255596 E-Filed 0211312020 Il:36:22 AM

IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT,

IN AND FOR WASHINGTON COLTNTY, FLORIDA

MARIA GARCIA ARGUELLO COSBY,

Plaintiff,

v CASE NO.: 20 I 9-CA-000150

MHM HEALTH PROFESSIONALS, LLC

d/b/a CENTURION OF FLORIDA,

Defendant.

NOTICE OF APPEARANCE AND DESIGNATION

OF PRIMARY AND SECONDARY E-MAIL ADDRESSES

The undersigned, Adam Ellis, now appears as additional counsel of record for Plaintiff.

Pursuant to Florida Rule of Judicial Administration 2.516(bXlXA), hereby designates his

primary and secondary e-mail addresses and requests that order, process, pleadings, and other

documents filed and served in this matter be served on him at the following addresses listed

below. Where service of hard copies is to be made in addition to the e-mail serviceo counsel

requests that the copies be served on him at the physical address listed below.

PrimaryE-MailAddress: adam@mattoxlaw.com

Secondary E-Mail Address: fnichelle2(Emattoxlaw.com (for scheduling matters)

j ervon ie@mattoxlaw.com

Respectfully submitted,

/s/ Adam Ellis W

MARIE A. MATTOX, P.A.

203 N Gadsden Street

Tallahassee, Florida 32301

Telephone: (850) 383-4800

Attorney for Plaintiff

I

a

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 57 of 68
CERTIFICATE OF SERVICE

I FffiREBY CERTIFY thata true copy of the foregoing has been served via electronic

filing through the Florida Courts E-Filing Portal on this 13th day of February 2020 to all counsel

on record.

isl Adam Ellis

Adam Ellis

2

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 58 of 68
Filing # 103259811 E-Filed 0211312020 12:12:36PM

IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT,

rN AND FOR WASHINGTON COUNTY, FLORTDA

MARrA COSBY,

Plaintifl

V CASE NO.: 2019-CA-150

MHM HEALTH PROFESSTONALS,

LLC dlbla CENTURION OF

FLORIDA,

Defendants.

PLAINTIF'F'S FIRST REOUEST

FOR PRODUCTION OF DOCUMENTS TO DEF'ENDANT

Plaintifl through the undersigned counsel, hereby requests that Defendants produce

for inspection and copying all documents herein that are in their possession, custody, or

control, or otherwise available. This document production shall take place at the offices of

Marie A. Mattoxo P.A., 203 North Gadsden Street, Tallahasseeo X'lorida 32301, or at

such other place and time as may be mutually agreed upon by counsel for Plaintiff and

Defendants within thirty days from service of this request or such earlier date as the parties

may agree.

DEFINITIONS AND INSTRUCTIONS

1. The term "you" and "your" means the party or parties to whom this request

is addressed, including its divisions, departmentso subsidiaries, affiliates, predecessors,

present or former officers, directors, owners, agents, attorneys, and all other persons acting

or purporting to act on its behalf, as well as each partnership in which it is a partner.

2. The term "person" means any natural person, individual, proprietorship,

partnership, corporation, association, organization, joint venture, firm, other business

enterprise, governmental body, group of natural persons or other business enterprise,

governmental body, group of natural persons or the entity.

3. The term "document" means any written or graphic matter or other means of

preserving thought or expression and all tangible things from which information can be

processed or transcribed, including the originals and all non-identical copies, whether

different from the original by reason of any notation made on such copy or otherwise,

including, but not limited to, correspondence, memoranda, notes, messages, letters,

/

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 59 of 68
telegrams, teletype, telefax, bulletins, meetings or other communications, interoffice and

intraoffice telephone calls, diaries, chronological data, minutes, books, reports, studies,

summaries, pamphlets, printed matter, charts, ledgers, invoices, worksheets, receipts,

returns, computer printouts, prospectuses, financial statements, schedules, affidavits,

contracts, cancelled checks, statements transcripts, statistics, surveys, magazine or

newspaper articles, releases (and any and all drafts, alterations and modifications, changes

and amendments of any of the foregoing,), graphic or aural records or representations of

any kind (including, without limitation, photographics, microfiche, videotape, records and

motion pictures) and electronic, mechanical or electrical records or representations of any

kind (including, without limitation, tapes, cassettes, discs and records).

4. The term "all documents" means every document or group of documents as

above defined that are known to you or that can be located or discovered by reasonably

diligent efforts. All documents available in electronic format should be produced

electronically, in their native format, with all metadata and headers intact.

5. All requests herein seek the production of documents in the possession

andlor control of Defendant.

6. The time period covered by this request is May 29, 2016 to present day

unless otherwise stated in any individual request below.

DOCUMENTS

l. The entire personnel, tenure, promotion, disciplinary, attendance and leave, time,

time cards, investigative, grievance and payroll files pertaining to Plaintiff; Tara Johnson,

and Mental Health Professionals Mr. Jones, Mr. Alderman, Ms. Stalnaker, and Ms.

Thompkins.

2. All of Plaintiff s time and attendance records for Plaintiff s entire employment with

Defendant.

3. All schedules that show the daily and weekly hours that Plaintiff worked for

Defendant during Plaintiff s employment with Defendant.

4. Any and all documents pertaining to any reference provided by Defendant to any

third party about Plaintiff after Plaintiff s employment with Defendant ended.

5. Any and all documents pertaining to all investigations involving or initiated by any

matter involving Plaintiff during the time period relevant to this action, including complete

copies of all reports, with all attachments and relevant media files. This request includes

any investigations conducted by Sarah Brus regarding Plaintiff, and an investigations

involving Plaintifls attire, including photos thereof and witness statements.

6. Any and all documents showing any complaint against Plaintiff during the entire

course of Plaintifls employment with Defendant. These documents should be produced in

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 60 of 68
their original, unredacted form with sufficient information for Plaintiff to identifu the

complainingparty.

7. All policies and procedures applicable to Plaintiff s employment with Defendant,

whether Plaintiff was provided with a copy of those procedures or not.

8. All position descriptions for all positions held by Plaintiff during the entire course

of Plaintiff s employment with Defendant.

9. Each and every document describing disciplinary actions taken by Defendant

against Plaintiff during the entire course of Plaintiff s employment with Defendant.

10. The personnel and disciplinary files for all persons currently employed in Plaintiff s

former position within Defendant.

11. Any and all non-privileged documents showing disciplinary actions taken against

current or former employees of Defendant other than Plaintiff during the time period

applicable to this request under the same supervisor(s) as Plaintiff.

12. Any and all email within Defendant's possession or control wherein Plaintiffls

name is specifically referenced in the subject or body. This request is not seeking any and

all email which was merely sent from or received by Plaintiff s former email account. This

request is limited in time from April 1,2017 to June 1,2018.

13. Any and all documents Defendant received through a public records request,

Freedom of Information Act request, or other request to any third party related to Plaintiff.

14. Any and all documents Defendant has provided to or received from the Florida

Commission on Human Relations or EEOC pertaining to Plaintiff.

15. Any and all documents Defendant has received through any third-party subpoena

issued in this case.

16. Any and all non-privileged documents Defendant has identified as pertaining to the

claims by Plaintiff in this case, including documents Defendant has identified as supporting

any defense to said claims.

17. Any and all reports, correspondence, and other documents addressed to or received

from the Florida Depaftment of Labor, the Florida Commission of Human Relations, or any

other federal, stateo or local agency relating to Defendant's employment of Plaintiff, or to

any claims made by Plaintiff against Defendant.

18. Any and all documents referring or relating to the subject matter of this action

which have been furnished to or received by Defendant's attorneys in connection with their

defense of this action, except documents protected by a recognized privilege of nonproduction.

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 61 of 68
19. Any and all transcripts, audio tapes, and video tapes (including depositions)

obtained by Defendant involving Plaintiff including, but not limited to, workers'

compensation hearings, unemployment compensation hearings, conferenceso grievance

hearings, and union grievances.

20. Any and all documents supporting any disciplinary action against Plaintiff during

the entire course of Plaintiff s employment with Defendant.

21. Any and all documents showing the basis or reason for any disciplinary action

against Plaintiff during the entire course of Plaintiff s employment with Defendant.

22. Any and all non-privileged documents which Defendant has identified as pertaining

to the claims by Plaintiff in this proceeding, including documents Defendant has identified

as supporting any defense to said claims not otherwise referred to in the foregoing requests.

23. Any and all documents which Defendant has identified to be used at trial other than

as disclosed in Defendant's response to any foregoing requests.

24. Any and all non-privileged statements obtained by you or your attorneys, either

recorded or written, at the time of or subsequent to the incidents alleged in the complaint

filed herein.

25. Any and all documents showing any deficiency in Plaintiffs performance during

the entire course of Plaintiff s employment with Defendant.

26. Any and all documents showing any notice to Plaintiff of any deficiencies in

Plaintiff s performance during Plaintiff s employment with Defendant.

27. Any and all documents supporting or pertaining to any criticism any supervisor of

Plaintiff has had about Plaintiff, or Plaintiff s work perfoffnance, during the entire course

of Plaintiff s employment with Defendant.

28. Any and all documents upon which Defendant relies to support any finding or

conclusion that Plaintiff was not properly performing Plaintiffls job duties with Defendant

at any time during Plaintiff s employment with Defendant.

29. The current resume or list of qualifications of any expert witness, advisor or

consultant who has been retained by Defendant in the instant case.

30. All reports, studies, or commentaries, formal or informal, of any expert witness,

consultant or advisor who has been retained by Defendant in the instant case.

31. Any and all non-privileged documents which support or substantiate any or all of

Defendant' s affi rmative defenses.

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 62 of 68
32. Any and all policies and procedures which Defendant claims Plaintiff violated at

any time during the entire course of Plaintiff s employment with Defendant.

33. Any and all procedures, rules, or guidelines pertaining to Defendant's Equal

Employment Opportunity policy or procedure applicable to Plaintiffs employment with

Defendant.

34. All non-privileged documents in any file kept or maintained by Defendant which

specifically mention Plaintiff s name.

35. All documents Defendant relied upon or reviewed in making any decision to

discipline Plaintiff at any time during the entire course of Plaintifls employment with

Defendant.

36. A list of all documents which are being withheld from production by virtue of any

privilege of non-production or for any other reason (this list should identifu each document

by its name, date, author and recipient and specifr the reason for withholding it from

production). If there are documents responsive to any of the foregoing requests which you

refuse to produce, please define or designate the documents in your response with

sufficient particularity to allow Plaintiff to make a motion for a court order to require

production of these documents.

PLEASE TAKE NOTICE that Plaintiff will object to the introduction attrial of any

document which is not produced in response to the foregoing requests and to any evidence

about any requested document which has not been revealed by an appropriate response to

this Request for Production of Documents.

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 63 of 68
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing request for production has been

furnished to all counsel of record via the e-filing portal this l3th day of February,2020.

Respectfully submitted,

Adam Ellis; FBN 35628

MARIE A. MATTOX, P. A.

203 North Gadsden Street

Tallahassee, FL 32301

Telephone: (850)383-4800

Facsimile: (850) 383-4801

adam@mattoxlaw.com

ATTORNEYS FOR PLAINTIFF

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 64 of 68
Filing # 103259811 E-Filed 02113/2020 12:12:36PM

IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT,

IN AND FOR WASHINGTON COUNTY, FLORTDA

MARrA COSBY,

Plaintiff,

V CASE NO.: 2019-CA-150

MHM HEALTH PROFESSIONALS, LLC

d/b/a CENTURION OF FLORIDA,

Defendants.

PLAINTIF'F'S FIRST INTERROGATORIES TO DEFENDANT

Plaintiff demands that Defendant respond to the interrogatories appended hereto as

Attachment "A" on or before March 13.2020.

I

Page 1 of4

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 65 of 68
ATTACHMENT "A"

Plaintiff s First Interrogatories to Defendant

2

MARIA COSBY v. MHM HEALTH PROFESSIONALS, LLC

d/b/a CENTURION OF FLORIDA

2019-cA-150

Who provided the information and answers to these questions? (If more than one person

provided information and answers, specifu by question number who provided the

information for that question. Do not limit the response to the person signing these

interrogatories if that person is reporting information provided by others. Clearly specifr

the person(s) who provided the information set forth in each response.)

State the full name, race, gender, date of birth, last-known job title and last-known work

telephone number of every person who can testifu with reasonable specificity about

Plaintiffs' claims in this lawsuit as alleged in the Complaint, and a summary of each

person's knowledge. Plaintiff is not asking Defendant to admit any of these statements;

Plaintiff is asking Defendant to tell Plaintiff who can address, respond to, confirm or

rebut them.

State whether Plaintiff is eligible for reemployment with Defendant and whether

Defendant would oppose a request by Plaintiff to be reinstated as an employee of

Defendant, as an alternative to an award of front pay and, if Plaintiff is not, state fully

each and every reason why.

As to any affirmative defense that is not a purely legal defense, state the full name and

last known contact information of each person who can testiff with reasonable specificity

about each such defense, and be sure to list which defenses each such person can attest to.

State each position or title Plaintiff held while employed with Defendant, the position

number for each position, the dates Plaintiff held each position or title, and the reasons

for any changes of Plaintiff s position or title.

State the full name, race, gender, date of birth, last-known job title and last-known work

telephone number of every person who was responsible, in whole or part, for absorbing

PlaintifPs job duties, or replacing Plaintiff, after Plaintiff s separation from Defendant.

State each and every complaint Plaintiff made while employed by Defendant, the date of

each complaint, the subject matter of each complaint, who each complaint was made to,

and any corrective action taken by Defendant in response to each complaint.

-t

4

5

6

7

Page 2 of 4

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 66 of 68
STATE OF FLORIDA,

COLINTY OF WASHINGTON

The foregoing was acknowledged before me by

personally known to me [ ] produced as identification, this _ day of

2020.

Notary Public, State of Florida

Printed Name:

Commission Expiration Date :_

whois[]

Page 3 of4

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 67 of 68
CERTIFICATE OF' SERVICE

I HEREBY CERTIFY that a true copy of the foregoing has been served to all counsel of

record via the e-filing portal this l3th day of February,2020.

Respectfully submitted,

Adam Ellis; FBN 35628

MARIE A. MATTOX, P. A.

203 North Gadsden Street

Tallahassee, FL 32301

Telephone: (850) 383-4800

Facsimile: (850) 383-4801

adam@mattoxlaw.com

ATTORNEYS FOR PLAINTIFF

Page 4 of4

Case 5:20-cv-00069-TKW-MJF Document 1-2 Filed 02/27/20 Page 68 of 68