COMPOSITE EXHIBIT A

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 1 of 174
Filing # 86796279 E-Filed 0312112019 11:50:52 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 25.075, 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 CA000697

Judge

CHRISTINA WORLEY

Plaintiff

vs.

FLORIDA DEPARTMENT OF CORRECTIONS. CENTURION OF FLORIDA LLC

Defendant

II. TYPE OF CASE

I Condominium

fl Contracts and indebtedness

EI Eminent domain

! Auto negligence

n Negligence - other

n Business governance

n Business torts

n Environmentalffoxictort

n Third party indemnification

n Construction defect

n Mass tort

! Negligent security

n Nursing home negligence

n Premises liability - commercial

n Premises liability - residential

n Products liability

! Real Property/Mortgage foreclosure

- Commercial foreclosure $0 - $50,000

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

n Commercial foreclosure $250,000 or more

tr Homestead residential foreclosure $0 - 50,000

n 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

$5o,oo1 - $249,999

n Non-homesteadresidentialforeclosure

$250,00 or more

tr 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

tr Professionalmalpractice

tr Malpractice - business

! Malpractice - medical

n Malpractice - other professional

X Other

tl AntitrusVTradeRegulation

tr Business Transaction

n Circuit Givil - Not Applicable

n Constitutionalchallenge-statuteor

ordinance

n Constitutionalchallenge-proposed

amendment

[] Corporate Trusts

X Discrimination-employmentorother

n lnsurance claims

n lntellectual property

n Libel/Slander

n Shareholder derivative action

! Securitieslitigation

n Trade secrets

tl Trust litigation

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 2 of 174
COMPLEX BUSINESS COURT

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

Administrative Order. Yes tr No X

llt REMEDIES SOUGHT (check all that apply):

A Monetary;

X Non-monetary declaratory or injunctive relief;

X Punitive

IV NUMBER OF CAUSES OF AGTION: ( )

(Specify)

1

IS THIS CASE A CLASS ACTION LAWSUIT?

n Yes

XNo

HAS NOTICE OF ANY KNOWN RELATED GASE BEEN FILED?

XNo

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

vil. IS JURY TRIAL DEMANDED IN COMPLAINT?

X Yes

nNo

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 Z.qZs.

Signature s/ Marie A Mattox FL Bar No.: ?39685

Attorney or party (Bar number, if attorney)

Marie A Mattox 03/21t2019

(Type or print name) Date

V

VI

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 3 of 174
Filing # 86796279 E-Filed 0312112019 l1:50:52 PM

IN TI{E CIRCUIT COURT OF THE

SECOND JUDICIAL CIRCUIT IN AND

FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY, CASE NO: 19-CA- 2019 CA 000697

FLORIDA BAR NO. 0739685

Plaintiff,

v

F'LORIDA DEPARTMENT OF

CORRECTIONS and CENTURION OF

FLORIDA,LLC,

Defendants.

COMPLAINT

Plaintiff, CHRISTINA WORLEY, sues Defendant, FLORIDA DEPARTMENT OF

CORRECTIONS and CENTUzuON OF FLORIDA,LLC, and alleges as follows:

NATURE OF THE ACTION

1. This action is pursuant to $ 1 12.3187, Florida Statutes (Florida's Public Employee

Whistleblower Act), $ 448,101 et seq., Florida Statutes (Florida's Private Employee

Whistleblower Act), and Chapter 760, Florida Statutes.

2. This is an action for damages in excess of Fifteen-Thousand ($15,000.00) Dollars,

exclusive of attorney's fees and costs.

PARTIES

3. At all times material hereto, Plaintiff, CHRISTINA WORLEY, has been a resident

of the State of Florida and was employed by Defendant, Plaintiff is a nember of a protected class

because of her gender and because she reported unlawful conduct and was subjected to retaliation

thereafter. Accordingly, Plaintiff is sui juris.

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 4 of 174
4. At all times material hereto, Defendant, FLORIDA DEPARTMENT OF

CORRECTIONS ("Defendant DOC"), has been organized and existing under the laws of the

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

term is used under the applicable laws identifled above. Defendant was Plaintifl's employer as it

relates to these claims,

5. At all times material hereto, Defendant, CENTURION OF FLORIDA, LLC

("Defendant Centurion"), has been organized and existing under the laws of the State of Florida.

At all times pertinent to this action, Defendant has been an "employer" as that term is used under

the applicable laws identified above. Defendant was Plaintiff s employer as it relates to these

claims. Def'endant Centurion entered into a contractual agreement with Defendant DOC to

provide comprehensive health care selices.

CONDITIONS PRECEDENT

6. Plaintiff 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. This action is timely filed thereafter,

STATEMENT OF THE ULTIMATE FACTS

7. Plaintiff began her ernployment with Defendants DOC and Centurion in May 2016

and held the position of Registered Nurse at Defendant DOC's Northwest Florida Reception

Center at the time of her wrongful termination on December 29,2077.

8, Plaintiff was subjected to a hostile u.ork environment, disparate treatmento

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

gender (female) and was the victim of retaliation after her reporting. Moreover, Plaintiff reported

Defendants' actual or suspected violations of laws, rules andlor regulations and/or malfeasance,

2

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 5 of 174
misfeasance, and gross misconduct and was subject to further retaliation leading up to her

wrongful termination.

9, The mistreatment came at the hands of specifically but not limited to Director of

Nursing ("DON") Brandi Blocker, Health Services Administrator Tara Johnson, and Human

Resource Direction Sara Brus.

10. In July 2017, Plaintiff reported to DON Blocker that an inmate was not receiving

appropriate me dical carc given the severity of his medical condition. Plaintiff subsequently filed a

complaint with Defendant reporting the actual and/or suspected violations of laws, rules and/or

re gulations andior misfeasance, malfeasance, and/or gross misconduct.

1 1, Specifically, in or around lune 2017 , an inmate housed with Defendant was sent to

an outside hospital and placed on life support, On June 76,2017 , Defendant was notified that said

inmate would not be transferred back to Defendant, but rather a separate DOC facility that was

more equipped to handle the inmate's medical conditions. However, on June 77,2077, Plaintiff

was notified by DON Blocker that said inmate would be returning to Defendant's care at the

same institution, As such, Plaintiff and her co-workers attempted to get all patient supplies

needed for this inmate's medical condition; however, Defendant did not have the appropriate

supplies available. Plaintiff subsequently reported to DON Blocker that Defendant, at the existing

facility, would not be able to adequately care for this inmate, Nevertheless, Defendant accepted

the inmate back even without the proper medical supplies and equipment,

12. Upon the inmate's arrival back at the facility, RN Bahillo assessed the patient and

again determined that Defendant did not have the adequate equipment or staff to appropriately

care for the inmate. Nevertheless, Dr, Lay, who had never seen nor medically treated the patient,

called RN Bahillo and stated that Defendant would accept the inmate. The following Monday, the

inmate died after suffering from an elevated temperature with no IV pain medication and/or

3

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 6 of 174
sedation since he was discharged from the outside hospital. The inmate died in an open bay being

observed by other inmates walking in and out.

13, On July 3,2017, Plaintiff submitted an official report to Human Resources

detailing the inadequate care provided to said inmate and the gross misconduct that was

performed by Defendants. Moreover, Plaintiff reported further misconduct by way of Defendants'

unsafe work environment for its medical personnel including specifically without limitation

inmate stabbings, inmates assaulting security, runtors of riots, and lack of medical personnel.

However, Plaintiff never received a response from anyone within Defendants regarding her

reporting,

14 . On Novemb er 7I , 2017, Plaintifl'was working in the Infirmary on the 7 am to 7

pm shift. One of the jnmates in the open infirmary bay kept displacing his catheter, lying naked,

and kept calling for Plaintiff to repeatedly fix his catheter. After this had happened multiple

times, Plaintiff realized she was being forced to virtually o'masturbate" this inmate, by repeatedly

having to touch his penis each time said inmate intentionally displaced his catheter.

15. Said inmate told other patients he was having Plaintiff "masturbate" him when

Plaintiff was not in the area, as told to Plaintiff by a co-worker.

16. The following day, Plaintiff reported the incident to DON Blocker. In telling DON

Blocker, and writing a report about it, Plaintifls expectation was that the inmate would be

disciplined and placed in confinement. This would have been customary to Defendant DOC's

policy which stated when an inmate crossed boundaries with lewd and lascivious exposure, or

attempt to establish any inmate relationship with staff; they - the inmate(s) - are moved,

17. However, the inmate in question was not disciplined and/or placed in confinement.

Instead, in evidence of retaliation for her reporting, Plaintiff was forced to move locations three

4

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 7 of 174
(3) separate times. Moreover, multiple employees within Defendant refused to assist Plaintiff

with her work duties.

18. Plaintiff pleaded with administration for help, as she was traumatized and suffered

from nightmares, flashbacks, and excessive anxiety. However, Health Administrator Tara

Johnson refused to talk to Plaintiff about the issues that Plaintiff has addressed above.

19. DON Blocker told Plaintiff she did not know what Plaintiff wanted, and HR

Director Sara Brus told Plaintiff she did not believe her, Plaintiff contends she should have bccn

referred to EAP for counseling due to the incident with the inmate referenced above, However,

Defendant failed to follow proper procedures, resulting in continued mistreatment towards

Plaintill-.

20. Thereafter, Plaintil'f again reported actual or suspected violations of laws, rules

and/or regulations and/or misfeasance, malfeasance, and/or gross misconduct by Defendants

regarding specifically but not limited to negligent and inadequate medical care and safety

concerns for the staff in the Medical Service Building within Defendant DOC. Plaintiff

repeatedly reported these issues internally to Don Blocker, Health Services Administrator

Johnson, HR Director Brus, and DOC Warden Maddox.

21. On November 74,2017 Plaintiff was called into an inquiry with Warden Maddox

regarding Plaintiff reporting violations of one or more laws, rules, and/or regulations andlor

misfeasance, malfeasance andlor gross misconduct. Specifically, Plaintiff reported safety issues

regarding several inmates housed within the Defendant DOC. By way of example, inmates

regularly engaged in hostile behavior by way of verbal altercations towards Defendants'

employees, However, Defendants did not take any corrective action,

22. On November 16,2077, Plaintiff filed a written complaint regarding the ongoing

violations of laws, rules andlor regulations and/or misfeasance, malfeasance, and/or gross

5

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 8 of 174
misconduct. Specifically, Plaintiff outlined the dates that inmate incidents had occurred with no

corective action, and identified herself as a whistleblower due to her growing safety concerns,

Moreover, Plaintiff reported that inmates routinely heard radio communications announcing

critical staff levels and regularly ran the control panel in Defendant DOC's officer stations, which

were direct violations of Defendant DOC's policies and procedures.

23. On December 26,2017,Plaintiff was called into a second inquiry with Warden

Maddox regarding her reporting. Plaintiff disclosed further acts of Defendants' violations among

the medical staff. Three (3) days later, Plaintiff was fired.

24. On December 29,2077,Plaintiff was wrongfully terminated by Defendant using a

twisted version of events that Plaintiff was asked to report to Medical Director Lay and Warden

Maddox.

25. Thus, in retaliation for filing her internal complaint, for reporting actual and/or

suspected violations of laws, rules and/or regulations andlor malfeasance, misfeasance and/or

gross misconduct, participating in an investigation and/or inquiry, and in continued disparate

treatnrent due to her gender, Plaintiff was wrongfully terminated on December 29,2077 .

26. Plaintiff has retained the undersigned counsel(s) to represent her interests in this

cause and is obligated to pay a fee fbr these services. Def-endant should be made to pay said f'ee,

along with costs incurred in connection with this action, under applicable law.

COUNT I

PUBLIC EMPLOYEE WHISTLEBLOWER RETALIATION

(Claim against Defendant DOC)

27. Plaintiffrealleges and incorporates by reference paragraphs 1 through 26, as ifset

forth in their entirety herein.

28, This Count sets forth a claim on behalf of Plaintiff against Defendant DOC

pursuant to $ 1 12.3187, Florida Statutes.

6

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 9 of 174
29. As stated more specifically herein in parl above, Plaintiff reported and disclosed,

verbally and in writing, violations of law, rules or regulations, mismanagement, malfeasance,

misfeasance, gross waste of public funds andlor gross neglect of duty committcd by one (1) or

m.ore employees, agents or independent contractors of Def'endant to persons both inside and

outside of her nonnal chain-of- command, and to others having the authority to investigate,

police, manage and, otherwise, remedy the violations that he reporled.

30. After reporting these matterso opposing illegal activities, and/or participating in

inquiries, investigations, hearings, or other agency inquiries, as related in part above, Plaintiff

became the unwitting victim of retaliatory actions, as set forth in part above.

31. Plaintifl's adverse treatment, including her termination, was a direct and/or

proximate adverse result of her reporting/opposing violations of laws, rules or regulations, of her

reporting malfeasance, misfeasance or gross misconduct, and/or of her parlicipating in

investigations, hearings or other inquiries, as chronicled in part above.

32. The actions of all of the employees and/or agents of Defendant who affected

Plaintiff s relationship with Defendant adversely did so at least in part in retaliation against her

for her "whistleblowing" activities.

33. As a direct andlor proximate result of the actions taken against her by Defendant

Plaintiff has suffered injury, including, but not limited to, past and future wage losses, and other

tangible and intangible damages. These damages have occurred in the past, are occurring at

present, and will likely continue on into the future,

COUNT II

VIOLATION OF SECTION 448.102, FLORIDA STATUTES

(Claim against Defendant Centurion)

Paragraphs 1 through 26 are realleged incorporated herein by reference.

This is an action brought under $ 448.107 et seq.,Florida Statutes.

7

34

35

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 10 of 174
36, As set forth in greater detail above, during the course o1'Plaintiff s employment,

she objected to certain practices of Defendant that were in violation of state and/or federal laws,

rules andlor regulations andlor she reasonably and objectively bclieved they were in violation of

same

37 . After Plaintiff objected, Defendant terminated her,

38, Plaintiff was temrinated because she disclosed a practice of the Defendant that is

in violation of a law, rule, or regulation, and Plaintiff brought the activity, policy, or practice to

the attention of a supervisor, andlor to Defendant and afforded Defendant a reasonable

opportunity to correct the activity, policy, or practice and/or objected to, or refused to participate

in, any activity, policy, or practice of Defendant which is in violation 01'a law, rule, or regulation

and/or she reasonably and objectively believed they were in violation of same.

39 , The disclosures made by Plaintiff are protected under $ 448, 1 02, Florida Statutes.

40. As a direct and proximate cause of Plaintiff s participation in the whistleblowing

activities referenced above, Plaintiff has been damaged, which damages include but are not

limited to emotional pain and suffering, lost wages, other tangible and intangible damages, and

any other compensatory damages allowed by law. Plaintiff is also entitled to injunctive relief.

COUNT III

GENDER DISCRIMINATION

(Claim against both Defendants)

41, Paragraphs 7- 26 are re-alleged and incorporated herein by reference.

42. This is an action against Defendant for discrimination based upon gender brought

under Chapter 760, Florida Statutes.

43, Plaintiff has been the victirn of discrimination on the basis of Plaintiff s gender in

that PlaintiiTwas treated diff-erently than similarly situated employees of Def'endant who are male

8

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 11 of 174
and has been subject to hostility and poor treatment on the basis, at least in part, of Plaintiff s

gender.

44. Defendant is liable for the differcntial treatment and hostility towards Plaintiff

because it controlled the actions and inactions of the persons making decisions afTecting Plaintiff

or it knew or should have known of these actions and inactions and lbiled to take prompt and

adequate remedial action or took no action at all to prevent the abuses to Plaintiff,

45. Furthermore, Defendant knowingly condoned and ratified the differential

treatment of Plaintiff as more fully set forth above because it allowed the differential treatment

and participated in same.

46. Defendant's known allowance and ratification o1'these actions and inactions

actions created, perpetuated and facilitated an abusive and offensive work environment within the

meaning of the statutes referenced above.

47 . In essence, the actions of agents of Defendant, which were each condoned and

ratified by Defendant, were of a gender-based nature and in violation of the laws set forth herein.

48. The discrimination complained of herein affected a tefln, condition, or privilege of

Plaintiffs continued employment with Defendant. The events set forth herein led, at least in part,

to Plaintiffl s termination.

49. Defendant's conduct and omissions constitutes intentional discrimination and

unlawful employment practices based upon gender in violation of Chapter 760, Florida Statutes.

50. As a direct and proximate result of Defendant's conduct described above, Plaintiff

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

inconvenience, mental anguish, loss ol'enjoyment of life and other non-pecuniary losses, along

with lost back and front pay, interest on pay, bonuses, and other benefits, These damages have

9

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 12 of 174
occuffed in the past, are permanent and continuing. Plaintiff is entitled to injunctive/equitable

relief.

COUNT IV

RETALIATION

(Claim against Both Defendants)

51. Plaintiff realleges and incorporates by reference Paragraphs 1 through 26, as if set

forth in their entirety herein,

52. Defendant is an cmployer as that term is used under the applicable statutes

referenced above,

53. The foregoing allegations establish a cause of action for unlawful retaliation after

Plaintiff reported or opposed unlawful ernployment practices adversely affecting Plaintiff under

Chapter 760, Florida Statutes.

54. The foregoing unlawful actions by Dcfendant were purposeful.

55. Plaintiff voiced opposition to unlawful employment practices during Plaintiff s

employment with Defendant and was the victim of retaliation thereafter, as related in part above.

56. Plaintiff is a member of a protected class because Plaintiffreported unlawful

employment practices and was the victirn of retaliation thereafter, There is thus a causal

connection between the reporting of the unlawful emplolmrent practices and the adverse

employment action taken thereafter.

57 . 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, darnage to reputation, illness, lost wages, loss of capacity for the

enjoynnent of life, and other tangible and intangible damages, These damages are continuing and

are permanent. Plaintiff is entitled to injunctive relief,

10

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 13 of 174
PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for the following relief:

(a) that process issue and this Court take jurisdiction over this cause;

(b) that this Court grant equitable relief against Defendant under the counts set forth

above, mandating Def'endant's obedience to the laws enumerated herein and providing

other equitable reliei' to Plaintil'f;

(c) that this Courl enter judgment against Defendant and for Plaintiff au.arding

damages to Plaintiff from Defendant for Defendant's violations of law enumerated

herein;

(d) that this Court enter judgment against Defendant and for Plaintiff permanently

enjoining Def-endant liom future violations of law enumerated herein;

(e) that this Court enterjudgment against Defendant and for Plaintiff awarding

Plaintiff costs and attorneys' fees, as allowed by law;

(0 that this Court award Plaintiffs interest as allowed by law; and that this Court

grant such other and further relief as is just and proper under the circumstances.

DEMAND FOR TRIAL BY JURY

Plaintiff hereby dernands a trial by jrrry on all issues set forth herein which are so triable

Dated this 21't day of March,2019.

1.t

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 14 of 174
Respectfu lly submitted:

/s/ Marie A. Mattox

Marie A. Mattox IFBN 0739685]

MARIE A. MATTOX, P. A.

203 North Gadsden Street

Tallalrassee,FL 32301

Telephone: (850) 383-4800

Facsimile: (850) 383-4801

ATTORNEYS FOR PLAINTIFF

12

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 15 of 174
Filing # 86796279 E-Filed 0312112019 I 1:50:52 PM

IN THE CIRCUIT COURT OF THE

SECOND JUDICIAL CIRCUIT IN AND

FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY, CASE NO: 19-CA- 2019 CA 000697

FLORIDA BARNO. 0739685

Plaintiff,

Y

FLORIDA DEPARTMENT OF

CORRECTIONS and CENTURION OF

FLORIDA,LLC,

SUMMONS

Defendants.

THE STATE OF FLORIDA:

To Each Sheriffof the State:

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

petition in this action on Defendant:

DIVISION OF RISK MANAGEMENT

Department of tr'inancial Services

200 East Gaines Street

Tallahassee,FL 32399

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

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

Tallahassee, 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 with the clerk of this court,

either before serve on plaintiff s attorney or immediately thereafter, If a defendant fails to do so,

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

petition.

DATED on

3/22/201e 2019.

CLERK OF THE CIRCUIT COURT

By:

Deputy Clerk

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 16 of 174
Filing # 86796279 E-Filed 0312112019 l1:50:52 PM

IN THE CIRCUIT COURT OF THE

SECOND JUDICIAL CIRCUIT IN AND

FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY, CASE NO: 19-CA- 2019 CA 000697

FLORIDA BAR NO. 0739685

Plaintiff,

FLORIDA DEPARTMENT OF

CORRECTIONS and CENTURION OF

FLORIDA,LLC,

SUMMONS

Defendants

THE STATE OF FLORIDA:

To Each Sheriff of the State:

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

petition in this action on Defendant:

FLORIDA DEPARTMENT OF CORRECTIONS

c/o Julie L. Jones, Secretary

50L South Calhoun Street

Tallahassee, FL 32399

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

Marie A. Mattox, P. A., Plaintiffs attomey, whose address is 203 North Gadsden Street,

Tallahassee, FL 32301, within 20 days after sewice of this summons on that defendant,

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

either before serve on plaintiff s attorney or immediately thereafter, If a defendant fails to do so,

a def-ault will be entered against that del'endant fbr the relief demanded in the complaint or

petition.

DATED on

3/22/2o1,e 20t9

CLERK OF THE CIRCUIT COURT

By:

v

Deputy Clerk

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 17 of 174
Filing # 86796279 E-Filed 0312112019 I l:50:52 PM

IN THE CIRCUIT COURT OF THE

SECOND JUDICIAL CIRCUIT IN AND

FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY, CASE NO: 19-CA- 2019 CA 000697

FLORIDA BAR NO. 0739685

Plaintiff,

FLORIDA DEPARTMENT OF

CORRECTIONS and CENTURION OF

FLORIDA,LLC,

SUMMONS

Defendants.

THE STATE OF FLORIDA

To Each Sheriff of the State:

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

petition in this action on Defendant:

CENTURION OF FLORIDA, LLC

CIO C T CORPORATION SYSTEM _ REGISTERED AGENT

12OO SOUTH PINE ISLAND ROAD

PLANTATION, FL 33324

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

Marie A. Mattox, P. A., Plaintiffs attomey, whose address is 203 North Gadsden Street,

Talfahassee, FL 3230I, 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 with the clerk of this court,

either before serve on plaintiff s attorney or inrmediately thereafter, If a defendant fails to do so,

a def'ault will be entered against that defbndant fbr the relief demanded in the complaint or

petition.

DATED on

3/22/2O79 2019.

CLERK OF THE CIRCUIT COURT

By:

v

Deputy Clerk

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 18 of 174
LEON COUNTY Receipt of Transaction

Receipt # 1414155

Received From:

Marie A. Mattox

31 0 East Bradford Road

Tallahassee, FL 32303

On Behalf Of:

CaseNumber 2019 C,A, 000697

Judge KtrVINJCARROLL

CHRISTINAWORLEY ZS FLORIDADEPARTMENTOFCORRECTIONS

Comments

GWEN MARSHALL

Clerk of Court and Comptroller

LEON COUNTY, FLORIDA

On: 3/22/2019 1:08:15PM

Transaction # 100668709

Cashiered by: M HENDRY

Fee Description

(coMP_cA) coMPLAtNT

(suls)suMMoNS tssuED

(suls)suMMoNS rssuED

(suts) suMMoNS tssuED

Fee

400.00

10.00

10.00

'10.00

Prior Paid

0.00

0.00

0.00

0.00

Waived

0.00

0.00

0.00

0.00

Due

400.00

10.00

10.00

10.00

Paid

400.00

10.00

10.00

10.00

Balance

0.00

0.00

0.00

0.00

Total

Grand Total

430.00

430.00

0.00

0.00

0.00 430.00

0.00 430.00

430.00

430.00

0.00

0.00

PAYMENTS

Payment Type Reference Amount Refund Overage Ghange NetAmount

CREDIT CARD EFILE 86796279 OK 430.00 0.00 0.00 0.00 430.00

Payments Total: 430.00 0.00 0.00 0.00 430.00

Page 1 of 1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 19 of 174
Filing # 9t562083 E-Filed 0612612019 03:32:07 PM

VERIFIED RETURN OF SERVICE

CIient Infot

MARIE MAfiOX

203 NORTH GADSDEN STREET

Tallahassee, FL 32301

Case Info:

Job # T192882

PLAINTIFFI

CHRISTINA WORLEY

-vetsuSDEFENDANTI

FLORiDA DEPARTMENT OF CORRECTIONS ET. AL,

Service Infol

CIRCUIT COURT

County of Leon, Florida Aq 1

Court Case # 20Lg CA 0006&/

Date Received byAccurate Sewe;6/18/2019 at 01127 pM

SCTVICE| I SCTVEd DIVISION OF RISK MANAGEMENT DEPARTMENT OF FINANCIAL SERVICES

With; SUMMONS; COMPLIANT

by leaving with DYLAN OWENS, PROCESS AGENT

At Buslness 200 EASTGAINES STREETTALLAHASSEE, FL 32399

On 6/18/2019 at 03:25 PM

Manner of Servlce; GOVERMENT AGENCY

PUBUC AGENCY SERVICE: F.S. 48,i11 (lXaXbXc) (z) (r)

I AUSTIN REED acknowledge that i am authorized to serve in good standing in the

served and I have no interest in the above action. Under of pedury, I declare that I

jurisdiction wherein the process was

have read the foregoing document and thal the facts stated true.

Signature of

AUSTIN REED

Lic # 268

ACCUMTE SERVE OF TALLAHASSEE

4OO CAPITAL CiRCLE SE STE 18291

Tallahassee, FL 32301

Our Job # T192882

rtil ilil lll|l tflliltf,niltffi!ilt l ilI

EKiE (t>.r),r

truli

1of1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 20 of 174
Filing # 92263703 E-Filed 0710912019 02:58:20 PM

IN THE CIRCUIT COURT OF THE SEGOND JUDICIAL

CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

Case No. 2019-GA-000697

FLORIDA DEPARTMENT OF

CORRECTIONS and CENTURION

OF FLORIDA, LLC,

Defendants

I

NOTICE OF APPEARANCE AND NATION OF EMAIL ADDRESS

PLEASE TAKE NOTICE that, pursuant to Florida Rule of Judicial Administration

2.505(e)(3), the undersigned counsel of the law firm Greenberg Traurig, P.A. hereby

appears as co-counsel for Defendant Centurion of Florida, 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. Pursuant to Florida Rule of Judicial

Administration 2.516(b)(1), the undersigned designates the following primary and

secondary email addresses:

Primary Email Address: pagec@gtlaw.com

Secondary Emai I Add resses: ramosr@gtlaw. com ; FLService@gtlaw. com

Respectfu lly subm itted,

lsl 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

V

ACTIVE 44454112v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 21 of 174
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

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on July 9, 2019, I electronically filed the foregoing

document with the Clerk of the Court by using the CMiECF system, which will send a

notice electronically to:

Marie A. Mattox, Esq.

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

Marie@mattoxlaw.com

/s/ Cavla M

Attorney

2

ACTIVE 44454112v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 22 of 174
Filing # 92262892 E-Filed 0710912019 02:52:40 PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL

CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

v Case No. 2019-CA-000697

FLORIDA DEPARTMENT OF

CORRECTIONS and CENTURION

OF FLORIDA, LLC,

Defendants.

DEFENDANT CENTURION OF FLORIDA, LLC'S MOTION TO DISMISS OR,

IN THE ALTERNATIVE. FOR A MORE DEFINITE STATEMENT

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

counsel and pursuant to Rules 1.110(b) and 1.140(bX6) of the Florida Rules of Civil

Procedure, respectfully requests that the Court dismiss Plaintiff Christina Worley's

("Worley") Complaint in this action. ln the alternative, Centurion moves pursuant to

Fla.R.Civ.P. 1.140(e)for a more definite statement. The grounds upon which this motion

is based are set forth in the following Supporting Memorandum of Law:

SUPPORTING M RANDUM OF LAW

L

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."

ACTIVE 44344973v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 23 of 174
Barrett v. City of Margate, 743 So. 2d 1160, 1 162-63 (Fla. 4th DCA 1999). lt is therefore

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

2. Litigants at the outset of a suit must be compelled to state their pleadings

with sufficient particularity for a defense to be prepared. See Horowitz v. Laske,855 So.2d

169, 173 (Fla. sth DCA 2003) (citing Arky, Freed, Sfearns, Watson, Greer, Weaver &

Harris, P.A. v. Bowmar lnstrument Corp.,537 So.2d 561 (Fla. 1988)).

il.

ARGUMENT

A. Plaintiff's Florida Whistleblower Act Claim ls lnsufficient

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

(Fla.Sth 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 employe/s illegal practices." Aery v. Wallace Lincoln-Mercury, LLC, 118 So.3d 904

(Fla. 4th DCA 2013) (citing Vanacore v. UNC Ardco, lnc., 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. Abell, 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, lnc.,

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

2

ACTIVE 44344973v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 24 of 174
(Fla. 2d DCA 1997); Forrester v. John H. Phipps, \nc.,643 So.2d 1109, 1111-12(Fla.

1st DCA 1994) (emphasis added).

3. Here, the Complaint alleges, in generalized and conclusory terms that

"Plaintiff again reported actual or suspected violations of laws, rules and/or regulation and

and/or misfeasance, malfeasance, and/or gross misconduct by Defendants regarding

specifically but not limited to negligent and inadequate medical care and safety concerns

for the staff in the Medical Service Building within Defendant DOC' and that "Plaintiff

reported safety issues regarding several inmates housed within the Defendant DOC."

[Complaint, 1T1120, 21]. Even more generally, the Complaint alleges thatWorley "objected

to certain practices of Defendant that were in violation of state and/or federal laws, rules

and/or regulations and/or she reasonably and objectively believes they were in violation

of the same...." [Complaint, fl 36]. Here, Worley's Complaint does offer any specifics

regarding which "Defendant['s]" practices Worley objected to. [See td.].

4. Accordingly, because Worley's Complaint does not sufficiently plead the

requirements that Centurion violated a specific rule, regulation, or law, Worley cannot

sustain a claim under Florida's Whistleblower Act. Accordingly, Count ll of the Complaint

should be dismissed, or Worley should be required to file a more definite statement to

enable Centurion to identify the allegations lodged against it.

B. Plaintiff Has Failed To Allege Any Facts Supporting Her Claim That

Centurion Was Her Emplover

1. Plaintiff alleges that "she began her employment with Defendants DOC and

Centurion" as a Registered Nurse at the Northwest Florida Reception Center in May of

2016 [Complaint fl 7]. However, Plaintiff fails to provide any facts to sufficiently support

her assertion that she was an employee of Centurion.

ACTIVE 44344g73v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 25 of 174
2. To establish that an entity is an employer within the meaning of Title Vll, or

the Florida Civil Rights Act ("FCRA"),1 a plaintiff must plead that the defendant "(1) fits

within the "employer" definition ... and (2) 'exercise[s] substantial control oversignificant

aspects of the compensation, terms, conditions, or privileges of plaintiff's employment."'

Woldu v. Hotel Equities, \nc.,2009 WL 10668443, at.g (N.D. Ga. Sept. 18, 2009), report

and recommendation adopted, 2010 WL 11507854 (N.D. Ga. Mar. 18,2010) (quoting

Magnuson v. PeakTech. Servs., /nc., 808 F.Supp. 500, 507 (E.D. Va. 1992), affd,40

F.3d 1 244 (4lh Cir. 199a)); see a/so Sce/fa v. Delicatessen Support Seruices, lnc., 57 F.

Supp. 2d 1327,1344 (M.D. Fla. 1999) (applying Title Vll analysis to FCRA claims).

3. Here, however, Worley does not claim that Centurion provided her

paychecks, that Centurion directed her work, or that she was subject to Centurion's

policies and procedures. lnstead, Worley merely asserts "Defendant was Plaintiff's

employer as it relates to these claims." [Complaint fl 5].

4. To sustain a claim under the FWA, which 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," a plaintiff must identify conduct of the employer that she objected to

or refused to participate in and that violated a law, rule, or regulation. Similarly, Chapter

760 makes it "an unlawful employment practice for an employerto discharge or to fail or

refuse to hire an individual, or otherwise discriminate against any individual ... because

I "Because the definition of employer under FCRA is 'essentially identical to that in Title VII . . . , interpretations of

Title VII are persuasive in interpreting the Florida Civil Rights Aet."' See Mathis v. Cannon,2013 U.S. Dist. LEXIS

26003 (M.D. Fla. Feb. 7,2013) (citing Pattersonv. Consumer Debt Mgmt. & Educ,, lnc.,975 5o.2d1290,1291 (Fla.

4th DCA 2008)).

4

ACTIVE 44344973v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 26 of 174
of such individual's race, color, religion sex, national origin, age, handicap, or marital

status." (emphasis added).

5. Here, however, because Worley has not sufficiently plead facts to establish

that Centurion was her employer, she therefore cannot establish that her alleged

objection to, or refusal to participate in, was in any way related to any conduct attributable

to Centurion. Moreover, Worley also cannot establish that any alleged unlawful

employment practice, such as retaliation and gender discrimination, was committed by

Centurion. Accordingly, Worley's Complaint should be dismissed.

C. Plaintiff's Complaint Conflates Disparate Treatment With Hostile Work

Environment

1. The purpose of a motion for more definite statement under Fla.R.Civ.P.

1 .140(e) 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 1966).

2. "lt is well-settled law that Florida courls follow the three-part framework set

forth in McDonnell Douglas Corp. v. Green,411 U.S. 792,802-804,93 S.Ct. 1817,36

L.Ed.2d 668 (1973), and its progeny, for establishing, by circumstantial evidence, a

discrimination claim based on disparate treatment in the workplace." Valenzuela v.

Globeground North America, LLC, 18 So.3d 17,21-22 (Fla.3d DCA 2009).2

3. ln order to establish a prima facle case of disparate treatment based on

gender discrimination, a plaintiff must prove that: (1) the employee is a member of a

2 Because the Florida Civil Rights Act of 1992 ("FRCA') is modeled after Title Vll of the Civil Rights Act of

1964, as amended,42 U.S.C. SS 2000e, the Court must look to federal case law. Russe// v. KSL Hotel

Corp., 887 So.2d 372,377 (Fla.3d DCA 2004).

5

ACTIVE 44344973v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 27 of 174
protected class; (2)the employee was qualified for her position; (3) the employee suffered

an adverse employment action; and (4) similarly situated employees outside the

employee's protected class were treated more favorably. See McDonnell Douglas, 411

U.S. at 802.

4. Moreover, hostile environment claims are distinctly differenf c/aims than

disparate treatment claims, and involve distinctly different pleading, proof, and defenses.

See, e.g. Fine v. GAF Chem. Corp.,995 F.2d 576, 578 (Sth Cir. 1993). Therefore, they

must be pleaded as separate claims. See Harris v. Radioshack Corp.,2002 WL 1907569,

at .2 (S.D. Fla. May 23,2002); Russo-Lubrano v. Brooklyn Federal Sav. Bank, 2007 WL

12143, at.5 (E.D.N.Y. Jan. 12,2007) (plaintitf's disparate treatment and hostile work

environment claims are distinct and should not be alleged in a single count).

5. The Complaint conflates a disparate treatment gender discrimination claim

with a hostile work environment claim. These claims are distinct and should not be alleged

in a single count. For example, Paragraph Nos. 44 and 45 state: "Defendant is liable for

the differential treatment and hostility towards Plaintiff..." and "Defendant's known

allowance and ratification of these actions and inactions created... an abusive and

offensive work environment." (emphasis added). Accordingly, because Worley conflates

the two claims, Centurion cannot properly prepare a defense because it cannot determine

which claim Worley lodges against it.

6. Moreover, throughout the Complaint, Worley inexplicably switches between

Defendant and Defendants, leaving Centurion without the ability to discern what facts or

allegations are associated with which of the two Defendants. For example, the Complaint

states: "Plaintiff, Christina Worley, has been a resident of the State of Florida and was

6

ACTIVE 44344973v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 28 of 174
employed by Defendant;" "Plaintiff subsequently filed a complaint with Defendant

reporting the actual and/or suspected violations;" " Defendanf did not have the appropriate

supplies available;" "Defendant did not have the adequate equipment or staff to

appropriate care for the inmate;" "Defendanf failed to follow proper procedures, resulting

in continued mistreatment towards Plaintiff;" "Plaintiff was wrongfully terminated by

Defendant," and"Defendant should be made to pay said fee..." [Complaint, flfl 3,10,11,

19,24,261. Accordingly, because Centurion cannot properly prepare defenses to these

allegations, the Complaint should be dismissed, or alternatively, the Court should require

Worley to file a more definite statement.

ilt.

CONCLUSION

WHEREFORE, for the foregoing reasons, Defendant Centurion of Florida, LLC

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

requiring a more definite statement.

Respectfu I ly subm itted,

/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

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Atto rneys fo r Defend ant

7

ACTIVE 44344973v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 29 of 174
GERTIFICATE OF SERVICE

I HEREBY CERTIFY that on July 9, 2019,1 electronically filed the foregoing

document with the Clerk of the Court by using the CM/ECF system, which will send a

notice electronically to:

Marie A. Mattox, Esq.

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

Marie@mattoxlaw.com

,/.s/Catherine H. Mol lov

Attorney

8

ACTIVE 44344973v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 30 of 174
Filing # 92263703 E-Filed 0710912019 02:58:20 PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL

CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

V Gase No. 2019-CA-000697

FLORIDA DEPARTMENT OF

CORRECTIONS and CENTURION

OF FLORIDA, LLC,

Defendants.

NOTICE OF APPEARANCE AND DESIGNATION OF EMAIL ADDRESS

PLEASE TAKE NOTICE that, pursuant to Florida Rule of Judicial Administration

2.505(e)(3), the undersigned counsel of the law firm Greenberg Traurig, P.A. hereby

appears as co-counsel for Defendant Centurion of Florida, 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. Pursuant to Florida Rule of Judicial

Administration 2.516(bX1), the undersigned designates the following primary and

secondary email addresses:

Primary Email Address: mccrear@gtlaw.com

Secondary Email Add resses: ramosr@gtlaw. com ; FlService@gtlaw. com

Respectfu lly 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

I

ACTIVE 44453995v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 31 of 174
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 Defend ant

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on July 9, 2019, I electronically filed the foregoing

document with the Clerk of the Court by using the CM/ECF system, which will send a

notice electronically to:

Marie A. Mattox, Esq.

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

Marie@mattoxlaw.com

/s/ Richard C. McCrea, Jr.

Attorney

2

ACTIVE 44453995v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 32 of 174
Filing # 92231756 E-Filed 0710912019 l0:35:59 AM

IN THE CIRCUIT COURT OF THE SBCOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

v. CASE NO.: 2019-CA-000697

FLORIDA DEPARTMENT OF

CORRBCTIONS and CENTURION OF

FLORIDA,LLC,

Defendants.

NOTICE OF APPEARANCE AND DESIGNATION

OF PRIMARY AND SECONDARY E-MAIL ADDRESSES

The undersigned, Adam Ellis, now appears as additional counsel of record fbr Plaintifl-.

Pursuant to Florida Rule of Judicial Administration 2.516(bX1)(A), 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 service, counsel

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

PrimaryE-MailAddress: rtslarlr.r?nrattqxlgw.gpnl

S ec ondary E -M ail Addres s : Sjphgl ie2"fdm 4t-t-o-x] alllgpm, (for schedul ing matters)

j erv onie(OnFttoxlaw, conr

Respectfully submitted,

/s/ Adam Ellis

Adanr Ellis;FBN: 35628

MARIE A. MATTOX, P,A.

203 N Gadsden Street

Tallahassee, Florida 32301

Telephone: (850) 383-4800

Attorney for Plaintiff

t

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 33 of 174
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing has bcen served via electronic

filing through the Florida Courts E-Fiting Portal on this 9tr' day of July, 2019 to all counsel on

record.

/s/ Adam Ellis

Adam Ellis

2

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 34 of 174
Filing # 92324809 E-Filed 0111012019 01:00:06 PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL

CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

V. Case No. 201 9-CA-000697

FLORIDA DEPARTMENT OF

CORRECTIONS and CENTURION

OF FLORIDA, LLC,

Defendants.

AMENDED NOTICE OF APPEARANCE AND DESIGNATION EMAIL ADDRESS

PLEASE TAKE NOTICE that, pursuant to Florida Rule of Judicial Administration

2.505(e)(3), the undersigned counsel of the law firm Greenberg Traurig, P.A. hgreby

appears as co-counsel for Defendant Centurion of Florida, LLC. Undersigned counsel

respectfully requests that the plaintiff serve upon her copies of all pleadings and other

papers that she files or seryes hereafter in this action. Pursuant to Florida Rule of Judicial

Administration 2.516(bX1), the undersigned designates the following primary and

secondary email addresses:

Primary Email Address: pagec@gtlaw. com

Secondary Email Addresses: ramosr@gtlaw.com; FLService@gtlaw.com

Respectfu I ly subm itted,

/s/ Cavla M. P

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

ACTM 44480002v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 35 of 174
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 Defen dant

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on July 10, 2019, I electronically filed the foregoing

document with the Clerk of the Court by using the CM/ECF system, which will send a

notice electron icallY to :

Marie A. Mattox, Esq.

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

Ma attoxlaw com

/s/ Cavla lt/ Paoe

Attorney

2

ACTIVE 44480002v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 36 of 174
Filing # 92324522 E-Filed 0711012019 12:56:53 PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL

CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

V Gase No. 2019-CA-000697

FLORIDA DEPARTMENT OF

CORRECTIONS and CENTURION

OF FLORIDA, LLC,

Defendants.

AMENDED NOTICE OF APPEARANCE AND DESIGNATION OF EMAIL ADDRESS

PLEASE TAKE NOTICE that, pursuant to Florida Rule of Judicial Administration

2.505(e)(3), the undersigned counsel of the law firm Greenberg Traurig, P.A. hereby

appears as co-counsel for Defendant Centurion of Florida, 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. Pursuant to Florida Rule of Judicial

Administration 2.516(bX1), the undersigned designates the following primary and

secondary email addresses:

Primary Email Address: mccrear@gtlaw.com

Secondary Email Addresses: ramosr@gtlaw.com; FLService@gtlaw.com

Respectfu lly 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

ACTIVE 44453995v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 37 of 174
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 Defe n d ant

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on July 10, 2019, I electronically filed the foregoing

document with the Clerk of the Court by using the CM/ECF system, which will send a

notice electron ically to:

Marie A. Mattox, Esq.

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

Marie@mattoxlaw.com

/s/ Richard C. McCrea Jr

Attorney

2

ACTIVE 44453995v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 38 of 174
Filing #92332856 E-Filed 0711012019 02:14:53 PM

VERIFIED RETURN OF SERVICE

Client Infol

MARIE MATTOX

203 NORTH GADSDEN STREET

Tallahassee, FL 32301

Case Info:

Job # T192881

PLAINTIFFI

CHRISTINA WORLEY

-vetsusCOURT

DEFENDANTI

FLORIDA DEPARTMENT OF CORRECTIONS ET, AL.

Service Info:

County of Leon, Florlda bq1

Court Case # 2019 CA 000637

Date Received by Accurate Serve: 6/1g/2019 at 01t22 pM

Service: I Served FLORIDA DEPARTMENT OF CORRECTIONS

With: SUMMONS; COMPLIANT

Manner of Service: AGENCY

PUBLIC AGENC/ SERVICE: F. 111 (lXaXbXc) (2) (3)

T MARY GREEN that I am

served and I have no in the action

that the facts stated in.it

Signature of

MARY GREEN

Lic # 243

ACCURATE SERVE OF

4OO CAPITAL CIRCLE SE STE 18291

Tallahassee, FL 32301

Our Job # T192891

C/O JULIE L, JONES, SECRETARY

in good standing in the jurisdiction wherein the process was

have read the foregoing document and

by leaving with SEAN ANDERSON, ASSISTANT GENERAL COUNSEL

At Business 501 SOUTH CALHOUN STREETTALLAHASSEE, FL 32399 On 6l2Ll20L9 at 10110 AM

llll tl[ f llrt lli lil/rlllt tff i{t| ll ll I

tr:jiE

h"# 1of1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 39 of 174
Filing # 92333743 E-Filed 0711012019 02.21:20 PM

\fERIFIED RHTUR.N OF SERVTCE

Client Infol

MARIE MATTOX

203 NORTH GADSDEN STREET

Tallahassee, FL 3230f

Job # 201 9003683

Date Received by Accurate Serve of Tallahasseel 6/

iervicer I Served CENTURION OF FLORIDA, LLCC/o

tS/2019 at 02:51 PM

CT CORPORATION SYSTEM - REGISTERED AGENT

With: SUMMONS; COMPLIANT

;tl;il;s with D0NNA MocH, EMPLOYEE oF REGISTERED AGENT CoMPANY

At Business 1200 SOUTII PINE ISLAND ROAD pLANTATTON' FL 33324

On 6/2012019 at 11:00 AM

Manner of Service: CORP0RATE

conponarr 5ERVICE: F.s, 48.081 (1)(a)(b)(cXd)' (2) or (3)

I Honory Kes acknowledge that I am authorized to serve processr in good standing in the jurisdiction wherein the process was

served and i have no interest in the above aaion. under |Jr.rt*Jli p.rirw, I decl-are that I have read the foregoing document and

Case Infol

CHRISTINA WORLEY

-versusDEFENDANT!

FLORIDA DEPARTMENT OF CORRECTIONS ET' AL.

Senvice Infol

that the facts stated in it are true.

Signature of

Flonory Kes

Lic # 1.478

Accurate Serve of Tallahassee

400 Capital Circle Southeast

Tallahassee, FL 32301

Client # T192880

lob # 2019003683

COURT

County of Leon, Florida

Cout Case # 20L9 CA 000697

Hft$ till ffii ffihilllffitiffilitlflllfl il lll

1of1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 40 of 174
Filing # 92515190 E-Filed 07 1412019 02:31:42PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT,

IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

CASE NO.: 2019-CA-697

FLORIDA DEPARTMENT OF

CORRECTIONS and CENTURION

oF FLORTDA, LLC,

Defendants.

PLAINTIFF'S FIRST REOUEST

FOR PRODUCTION OF DOCUMENTS TO DBFENDANT

Plaintiff, 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. Mattox, P.A., 203 North Gadsden Street, Tallahassee, Florida 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 TNSTRIICTTONS

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

is addressed, including its divisions, departments, subsidiaries, al'filiates, predecessors,

present or former officers, directors, owners, agents, attomeys, 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 nafural persons or other business entetprise,

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 lirnited to, correspondence, memoranda, notes, messages, letters,

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 41 of 174
telegrams, teletype, telefax, bulletins, meetings or other communications, interoffice and

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

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

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

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

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

and arnendments 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, mcchanical or electrical records or representations of any

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

4, The terrn "all documents" means every document or group of documents as

above defined lhaL 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, A11 requests herein seek the production of documents in the possesston

and/or control of Defendant,

6, The time period covered by this request is May 2, 20165 to present day

unless otherwise stated in any individual request below.

DOCUMENTS

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

time cards, investigative, grievance and palroll files pertaining to Plaintiff.

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

Def'endant 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 Plaintiffls employment with Defendant ended,

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

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

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

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

course of Plaintiff s employment with Defendant, These documents should be produced in

their original, unredacted form with sufficient information for Plaintiff to identify the

complainingparty.

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 42 of 174
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 enrployment 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 Plaintifls

former position within Defendant,

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

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

applicable to this request under the same supervisor(s) as Plaintil'1'.

12, Any and all email within Defendant's possession or control wherein Plainitffs

nanre is specificalty referenced in the subject or body. This requestis not seeking any and

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

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 Department of Labor, the Florida Commission of Human Relations, or any

other federal, state, 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.

lg. Any and all transcripts, audio tapes, and video tapes (including depositions)

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

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 43 of 174
compensation hearings, unemployment compensation hearings, conferences, gnevance

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 docurnents showing the basis or reason for any disciplinary action

against Plaintiff during the entire course of Plaintifls 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 supporling 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 Def'endant's response to any ibregoing 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 hcrein,

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

the entire course of Plaintiff s ernployment with Defendant.

26. Any and all documents showing any notice to Plaintiff of any deficienctes tn

Plaintif'I-s perfbrmance during Plaintiff s employment with Def'endant.

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

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

of Plaintiff s employment with Defendant.

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

conclusion that Plaintiff was not properly perfbrming Plaintiff s job duties with De1'endant

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 comrnentarieso 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

Defen dant' s aflirmative defenses.

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.

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 44 of 174
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 Delbndant which

specifically mention Plaintiff s name.

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

discipline Plaintiff at any timc during the entire course of Plaintiffs cmploynent 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 identiff each document

6y its -nun 

., daie, author and recipient and specify the reason for withholding it from

pioduction). I1'there are documents responsive to any of the fbregoing requests which you

iefuse to producc, please define or designate the documents in your response with

sufficient farticutarity 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,

CERTIFICATE OF SERVICE

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

furnished to all counsel of recorcl via the e-filing portal this 14ft day of July, 2019'

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

qdarnlS)malt o x I aw. co m

ATTORNEYS FOR PLAINTIFF

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 45 of 174
Filing # 92515190 E-Filed 07ll4l2Al9 02:37:42PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT'

IN AND FOR LEON COUNTY, F'LORIDA

CHRISTINA WORLEY,

Plaintiff,

CASE NO.: 2019-CA-697

FLORIDA DEPARTMENT OF

CORRECTIONS and CENTURION OF

FLORIDA,LLC,

Defendants

plaintiff demands that Defendant respond tq the interrogatories appended hereto as

AttachmentooA" on or before August 14" 2019.

Page 1 of4

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 46 of 174
AT |ACHMENT "A"

Plaintiff s First Interrogatories to Defendant

1

CHRISTINA WORLEY V. FLORIDA DEPARTMENT OF CORRT'CTIONS ANd

CENTURION OF FLORIDA, LLC

2019-cA-697

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

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

infbrmation lbr that question. Do noi limit the response to the person signing these

interrogatories if that p.rron is reporting information provided by others' Clearly specify

the perion(s) who prouid.d the information set forth in each response')

State the fu1 name, race, gender, date of birth, last-know-n job title and lastJ<nownwork

telephone number of eveiy person who can testify with reasonable specificity about

ptaintiffs, claims in this iawsuit as alleged in the Complaint. Plaintiff is not asking

Def-endant to admit any of these statemenis; Plaintiff is asking Def'endant to tell Plaintifr

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, us un ulGinative 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 perron who can testify with reasonable specificity

about each such def'ense, and be sure to list which def'enses each such person can attest to'

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

telephone number of eveiy person who was involved in the decision-making process

which lecl to Plaintiff s termination, and list what specific role each person listed played

in the proces.s, Do not incorporate documents by reference in lieu of a complete response

given under oath.

State each position or title Plaintiff held white 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, gendero date of birth, last-known job title and last-knownwork

telephone number of ever! person who was responsible, in whole or parto for absorbing

plaintiff s job duties, or replucing Plaintiff, after Plaintiff s separation from Defendant.

2

J

4.

5

6

7

Page2 of 4

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 47 of 174
8 State each and every reason for Plaintiff s termination with specif,rcity'

STATE OF FLORIDA,

COLINTY OF LEON

The foregoing was acknowledged before me bY

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

2019.

Notary Public, State of Florida

Printed Name:

Commission ExPiration Date:.----

whois[]

Page 3 of4

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 48 of 174
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 14tr'day of July,2019'

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(@mattoxlarv, corn

ATTORNEYS FOR PLAINTIFF

Page 4 of 4

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 49 of 174
Filing # 93253063 E-Filed 0112612019 04:40:54 PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL

CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

v Gase No. 201 9-CA'000697

FLORIDA DEPARTMENT OF

CORRECTIONS and CENTURION

OF FLORIDA, LLC,

Defendants

I

NOTICE OF SERVICE OF DEFENDANT CENTURION OF FLORIDA, LLC'S

SET RRO ES IFF

pLEASE TAKE NOTICE that the original of Defendant's First Set of lnterrogatories

to plaintiff Christina Worley has been furnished by U.S. Mail and a copy by electronic mail

this 26th day of JulY, 2019 to:

Marie A. Mattox

marie@mattoxlaw.com

203 N Gadsden St

Tallahassee, Florida 32301

marie@mattoxlaw.com

Michelle2@mattoxlaw. com

m a rlene@m attoxl aw. com

Respectfu lly subm itted,

ne H Moll

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

ACTIVE 44798085v1

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(813) 318-5900 - Facsimile

Attorneys for Defendant

2

ACTIVE 44798085v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 51 of 174
Filing # 93253063 E-Filed 0l12612019 04:40:54 PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL

CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

v Case No. 2019-CA-000697

FLORIDA DEPARTMENT OF

CORRECTIONS and CENTURION

OF FLORIDA, LLC,

Defendants

DEFENDANT CENTURION OF FLORIDA, LLC'S REQUEST

PRO CUME c

Defendant Centurion of Florida, LLCl ("Centurion" or "Defendant"), by and through

its undersigned counsel, and pursuant to Rule 1.350, Florida Rules of Civil Procedure,

hereby requests plaintiff Christina Worley ("Worley") 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'

DEF ITION AND INSTRUCT roNs

r Defendant maintains that it was not Plaintiff's employer and has been wrongly named' MHM Health

Professionals was, at all relevant times, Plaintiff's employer'

I

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 iniormation or communication, including correspondence,

letterS, text mesSages, SMS messages, FaceboOk messages, memOranda, notes'

memoranda of telei'hone conversatiois or meetings, telephone messages, electronic

ACTIVE 44714475v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 52 of 174
mail or electronic messages regardless of how transmitted, recordings or transcriptions

of voice-mailmessages, d'iariesicalendars, appointment books, audio orvideo recordings

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

to the 

"Jt"gory 

in question, including all drafts 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 patient or any other person regarding the patient,.compilations or

writings or things of any kind relateo to ttre category in question, including all drafts or

copiei thereof, regardiess 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

r"dirr, 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

storale medium incluiing 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 hJreinafter on the basis of any asserted privilege, you shall, in your final

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

such document:

(i)

(ii)

(iii)

(iv)

(v)

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

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

photog raph, reproduction) ;

its author and addressee;

its present location;

the identity of the individual or persons presently custodian or

custodians thereof;

2

ACTIVE 44714475v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 53 of 174
(vi)

(vii)

(viii)

(ix)

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;

(x)

whether such document contains or relates to facts or

opinions, or both;

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

that you claim with respect to such document'

C. As used herein, "Defendant" or "Centurion" means Defendant Centurion of

Florida, LLC, as well as its directors, officers, employees' agents, principals and parent'

subsidiary, predecessor, successors, affiliated or retated corporations or business units

of such entity.

D. As used herein, "Plaintiff' or "Worley" means Christina Taylor Worley, as

well as her attorneys and agents, and all persons acting on her behalf'

E. Whenever possible, the original document shall be produced' Where drafts

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

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

DOCUMENTS TO BE PRODUCED

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

allegations of paragraph No. 10 of the Complaint that "[i]n July 2017, Plaintiff reported to

DON Blocker that an inmate was not receiving appropriate medical care given the severity

of his medical condition."

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

allegations of paragraph No. 11 of the complaint that "Plaintiff subsequently reported to

DON Blocker that Defendant, at the existing facility, would not be able to adequately care

for this inmate."

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

allegationsof paragraph Nos. 11and 12of theComplaintthat"Defendantdid nothave

3

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the appropriate supplies available" and that "Defendant did not have the adequate

equipment or staff to appropriately care for the patient'"

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

allegations of paragraph No. 13 of the Complaint that "On July 3, 2017 , Plaintiff submitted

an official report to Human Resources detailing the inadequate care provided to said

inmate and the gross misconduct that was performed by Defendants."

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

allegations of paragraph No. 13 of the Complaint that "Plaintiff reported further

misconduct by way of Defendants' unsafe work environment for its medical personnel

including specifically without limitation inmate stabbings, inmates assaulting security,

rumors of riots, and lack of medical personnel."

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

allegations of paragraph No. 14 of the Complaint that "Plaintiff realized she was being

forced to virtually 'masturbate' this inmate, by repeatedly touching his penis each time

said inmate intentionally displaced his catheter."

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

allegations of Paragraph No. 16 of the Complaint that "DOC's policy [ ] stated when an

inmate crossed boundaries with lewd and lascivious exposure, or attempt to establish any

inmate relationship with staff; they - the inmate(s) - are moved."

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

allegations of paragraph No. 17 of the Complaint that "in evidence of retaliation for her

reporting, Plaintiff was forced to move locations three (3) separate times'"

4

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

allegations of Paragraph No. 17 of the Complaint that "multiple employees within

Defendant refused to assist Plaintiff with her work duties."

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

allegations of Paragraph No. 18 of the Complaint that "Plaintiff pleaded with

administration for help, as she was traumatized and suffered from nightmares,

flashbacks, and excessive anxiety."

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

allegations of Paragraph No. 18 of the Complaint that "Health Administrator Tara Johnson

refused to talk to Plaintiff about the issues."

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

allegations of paragraph No. 19 of the Complaint that "DON Blocker told Plaintiff she did

not know what Plaintiff wanted, and HR Director Sara Brus told Plaintiff that she did not

believe her."

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

allegations of Paragraph No. 20 of the Complaint.

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

allegations of Paragraph No. 21 of the Complaint that "Plaintiff reported safety issues

regarding several inmates housed within the Defendant DOC'"

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

allegations of Paragraph No. 22 of the Complaint that "Plaintiff filed a written complaint

regarding ongoing violations of laws, rules and/or regulations andior misfeasance, and/or

gross misconduct."

5

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

allegations of paragraph No. 23 of the Complaint that "Plaintiff disclosed further facts of

Defendants' violations among the medical staff'"

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

allegations of paragraph No. 25 of the Complaint that "in retaliation for filing her internal

complaint, for reporting actual andior suspected violations of laws, rules and/or

regulations and/or malfeasance, misfeasance and/or gross misconduct, participating in

an investigation and/or inquiry, and in continued disparate treatment due to her gender,

Plaintiff was wrongfully terminated."

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

allegations of paragraph No. 42 of the Complaint that "Plaintiff has been the victim of

discrimination on the basis of plaintiff's gender in that Plaintiff was treated differently than

similarly situated employees of Defendant who are male and has been subject to hostility

and poor treatment on the basis, at least in part, of Plaintiff's gender'"

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

allegations of paragraph No. 45 of the complaint that "Defendant knowingly condoned

and ratified the differential treatment of Plaintiff'"

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

allegations of paragraph No. 55 of the Complaint that "actions by Defendant were

purposeful."

2j. 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.

6

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

other such documents kept or maintained by you from May of 2016 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.

23. 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.

24. 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.

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

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

allegedly suffered.

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

employment with Defendant terminated.

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

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

29. All documents reflecting any communications or correspondence between

you and any present or former employee or agent of Defendant on or after December 1,

2017 through the date of your response hereto'

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

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

7

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31. 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.

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

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

33. your complete federal income tax returns, including W-2 and 1099 forms

and any other schedules and attachments, for calendar years 2016,2017 , and 2018'

34. produce a fully executed unemployment compensation records release

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

response.

35. produce a fully executed medical release form, which is attached hereto for

your signature. complete and attach the form to your response'

36. 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'

ResPectfu llY subm itted,

neH 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

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

(813) 318-5700 - TelePhone

(813) 318-5900 - Facsimile

Attorneys fo r Defendant

8

ACTM 44714475v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 59 of 174
CERTIF ICATE OF S RVICE

I HEREBY CERTIFY that on July 26, 2O1g,l served the foregoing by U.S. Mail and

a copy by electronic mail to:

Marie A. Mattox, Esq.

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

Marie@mattoxlaw.com

M ichelle2@mattoxlaw. com

m a rlene@m attoxlaw. co m

ne H. Mol

Attorney

I

ACTIVE 44714475v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 60 of 174
Filing #94064312 E-Filed 0811312019 10:24:01 AM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL

CIRCUIT IN AND FOR LEON GOUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

V. Case No. 2019-CA-000697

FLORIDA DEPARTMENT OF

CORRECTIONS and CENTURION

OF FLORIDA, LLC,

Defendants.

NOTICE OF HEARING

Special Set - 30 Minutes

(Coordinated with Opposing Counsel)

PLEASE TAKE NOTICE that on October 7, 2019 al 2:45 p.m., before the

Honorable Kevin J. Carroll, at the Leon County Courthouse, 301 S. Monroe Street,

Tallahassee, Florida 32301, the following motion will be heard:

DEFENDANT CENTURION OF FLORIDA, LLC'S MOTION

TO DISMISS OR, IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT

PLEASE GOVERN YOURSELVES ACCORDINGLY.

NOTICE TO DISABLED PERSONS

If you are a person with a disability who needs any accommodation in order

to participate in a court proceeding, you are entitled, at no cost to you, to

the provision of certain assistance. Please contact the Office of Court

Administration at (850) 577-4401, or at the Leon County Courthouse,

Room 225,301 S. Monroe Street, Tallahassee,FL 32301 within 2 working

days of receipt of a notice compelling you to appear at a court proceeding;

if you are hearing or voice impaired, call717.

ACTIVE 45134363v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 61 of 174
Respectfu lly subm itted,

lsl C ne 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, Florida 33602

(813) 318-5700 - TelePhone

(813) 318-5900 - Facsimile

Atto rneys for Defen dant

CERTIF ICATE OF S RVICE

I HEREBy CERTIFy that on August 13,2019, I electronically filed the foregoing

document with the Clerk of the Court by using the CM/ECF system, which will send a

notice electronicallY to:

Marie A. Mattox, Esq.

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

Marie@mattoxlaw.com

M ichelle2@m attoxlaw. com

m a rlene@m attoxl aw. com

/s/ Cathe rine H Moll OV

Attorney

2

ACTIVE 45134363v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 62 of 174
Filing # 95007895 E-Filed 0812912019 05:04:04 PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT,

IN AND FOR LBON COUNTY, FLORIDA

CHRISTINA WORLBY,

Plaintiff,

CASE NO.: 2019-CA-697

FLORIDA DEPARTMENT OF CORRECTIONS'

MHM HEALTH PROFESSIONALS' INC., and

MHM HEALTH PROFESSIONALS, LLC,

Defendants

PLAINTIFF'S FIRST AMENDED COMPLAINT

Plaintiff, CHRISTINA WORLEY, sues Defendant, FLORIDA DEPARTMENT OF

CORRECTIONS and CENTURION OF FLORIDA, LLC, and alleges as follows:

NATURE OF THE ACTION

1. This action is pursuant to $ I 12.3187, Florida Statutes (Florida's Public Employee

Whistleblower Act), $ 44S.101 et s€e., Florida Statutes (Florida's Private Employee

Whistleblower Act), and Chapter 760, Florida Statutes.

2. This is an action for damages in excess of Fifteen-Thousand ($15,000.00) Dollars,

exclusive of attorney's fees and costs.

PARTIES

3. At alltimes material hereto, Plaintiff CHRISTINA WORLEY, has been a resident

of the State of Florida and was employed by Defendant. Plaintiff is a member of a protected class

because of her gender and because she reported unlawful conduct and was subjected to retaliation

thereafter. Accordingly, Plaintiff is sui iuris.

v

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 63 of 174
4. At all times rnaterial hereto, Defendant FLORIDA DEPARTMENT OF

CORRECTIONS, ("Defendant DOC") has been organized and existing under the laws of the

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

term is used under the applicable laws identified above. Defendant was Plaintiff s employer as it

relates to these claims.

5. At all times material hereto, Defendant MHM HEALTH PROFESSIONALS,

INC., (,.Defendant MHM") has been organized and existing under the laws of the State of

Florida. At all times pertinent to this action, Defendant has been an "employer" as that term is

used under the applicable laws identified above. Defendant was Plaintiff s employer as it relates

to these claims. Defendant MHM entered into a contractual agreement with Defendant DOC to

provide comprehensive health care services, and Plaintiff was charged with provisioning those

services as an MHM ernPloYee.

6. At all times material hereto, Defendant MHM HEALTH PROFESSIONALS,

LLC, (,,Defendant MHM',) has been organized and existing under the laws of the State of Florida.

At all times pertinent to this action, Defendant has been an "employer" as that term is used under

the applicable laws identified above. Defendant was Plaintiffls employer as it relates to these

claims. MHM HEALTH PROFESSIONALS LLC is the same company as MHM HEALTH

PROFESSIONALS INC.

CONDITIONS PRECEDENT

7. plaintiff 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. This action is timely filed thereafter.

2

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 64 of 174
STATBMENT OF FACTS

8. Plaintifl a woman, began her employment with Defendants DOC and MHMI in

May of 2016 and held the position of Registered Nurse at Defendant DOC's Northwest Florida

Reception Center at the time of her wrongful termination on Decembet 29,2017 .

9. 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 her

gender (female) and was the victim of retaliation after her repofting egregious violations of

patient care standards and laws. More specifically, Plaintiff reported Defendants' actual

violations of laws, rules or regulations, and malfeasance, misfeasance, and gross misconduct, and

was subject to retaliation including her wrongful termination thereafter'

10. The mistreatment came at the hands of (specifically but not limited to) Director of

Nursing ("DON") Brandi Blocker, Health Services Administrator Tara Johnson, and Human

Resource Direction Sara Brus.

I 1 . In July 2017 , Plaintiff reported to supervisor DON Blocker that an inmate was not

receiving appropriate medical care given the severity of his medical condition. Plaintiff

subsequently filed a written complaint with Defendant on July 3, 2017 reporling the actual

violations of laws, rules or regulations and misfeasance, malfeasance, or gross misconduct.

12. Plaintiffs written complaint states that in or around June 2077,an inmate housed

with Defendant DOC and cared for by Defendants DOC and MHM was sent to an outside

hospital and placed on life support. On June 76, 2017, Defendant DOC was notified that said

inmate would not be transferred back to Defendant DOC, (Northwest Florida Reception Center)

but rather a separate DOC facility which was better equipped to handle the inmate's medical

rDOC contracts with MHM to provide health services in DOC facilities such as the Northwest Florida Reception

Center where Plaintiff was employed. Plaintiff interacted with employees from both defendants as a pafi of her job

on a daily basis.

3

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 65 of 174
conditions. However, on June 17,2017, Plaintiff was notified by DON Blockerthat said inmate

would be returning to Defendant's care at the same institution where Plaintiff worked. Plaintiff

and her co-workers accordingly atternpted to acquire supplies necessary to care for tl-re inrnate,

but said supplies were not available from either Defendant. Plaintiff subsequently reported to

DON Blocker that it would be impossible to properly care for the inmate in question at tl,e

Northwest Florida Reception Center. Nevertheless, Defendants accepted the inmate back with full

knowledge that proper care could not be provided.

13. RN Bahillo assessed the patient upon the inmate's arrival back at DOC, and again

determined that Defendant did not have the adequate equipment or staff to appropriately care for

the inmate. Nevertheless, Dr. Lay, who had never seen nor treated the patient, called RN Bahillo

and stated that DOC would accept the inmate. The inmate died the following Monday after

suffering from an elevated temperature with no IV pain medication or sedation since he was

discharged from the hospital. The inmate died in an open bay being observed by other inmates

walking in and out.

14. On July 3,2017, Plaintiff submitted an official report to Human Resources

detailing the inadequ ate care provided to the inmate in question, and the gross misconduct on

behalf of both Defendants. Moreover, Plaintiff reported additional misconduct regarding

Defendants' unsafe work environment including inmate stabbings, inmates assaulting security

officers, rumors of riots, and lack of medical personnel'

15. On November 11, 2017,Plaintiff was working in the Infirmary on the 7 amto 7

pm shift. One of the inmates in the open infirmarybay repeatedly displaced his catheter, exposed

himself, and called for Plaintiff to repeatedly reinsert his catheter. After this had happened

multiple times, Plaintiff realized that the inmate was deriving sexual pleasure from the procedure.

4

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 66 of 174
16. Plaintiff reported the incident to DON Blocker the following day. In telling DON

Blocker, and writing a report about it, Plaintiffs expectation was that the inmate would be

disciplined and placed in confinement. Discipline in this situation is standard per Deferidant

DOC's policy.

17. However, the inmate in question was not disciplined or placed in confinement.

Instead, Plaintiff was forced to move locations three separate times.

18. Plaintiff pleaded with administration for help, as she was traumatized and suffered

from nightmares, flashbacks, and anxiety. However, Health Administrator Tara Johnson refused

to discuss the matter with Plaintiff.

I g. DON Blocker told Plaintiff she did not know what Plaintiff wanted, and HR

Director Sara Brus told Plaintiff she did not believe her. Plaintiff contends she should have been

referred to EAP for counseling due to the incident with the inmate who derived sexual pleasure

from the medical procedure Plaintiff was obligated to administer. However, Defendant failed to

follow proper procedures, resulting in the continued mistreatment of Plaintiff.

20. Thereafter, Plaintiff again reported actual or suspected violations of laws, rules or

regulations, and misfeasance, malfeasance, or gross misconduct by Defendants regarding

negligent and inadequate medical care and safety concerns for the staff in the Medical Service

Building within Defendant DOC. Plaintiff repeatedly reported these issues internally to Don

Blocker, Health Services Administrator Johnson, HR Director Brus, and DOC Warden Maddox.

21. On November 14, 2017 Plaintiff was called into an inquiry with Warden Maddox

regarding Plaintifls reports. Specifically, Plaintiff reported safety issues regarding several

inmates housed within the Defendant DOC. By way of example, inmates regularly engaged in

hostile behavior by way of verbal altercations towards Defendants' employees. However,

Defendants did not take any corrective action.

5

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 67 of 174
22. On November 16, 2017, Plaintiff filed another written cornplaint regarding

ongoing violations of the same variety which Plaintiff previously reported. Specifically, Plaintiff

outlined the dates that inmate incidents occurred with no corrective action, and identified herself

as a whistleblower due to her growing safety concerns. Moreover, Plaintiff reported that inmates

routinely heard radio communications announcing critical staff levels and regularly ran tlie

control panel in Defendant DOC's officer stations, which were direct violations of Defendant

DOC's policies and procedures.

23. On December 26,2077, Plaintiff was called into a second inquiry with Warden

Maddox regarding her reporting. Plaintiff disclosed further acts of Defendants' violations among

the medical staff. Plaintiffs employment was wrongfully terminated three days later on

December 29,2017 in retaliation for her multiple protected disclosures.

24. Plaintiff has retained the undersigned counsel to represent her interests in this

cause and is obligated to pay a fee for these services. Defendant should be made to pay said fee,

along with costs incured in connection with this action, under applicable law.

COUNT I

PUBLIC EMPLOYEE WHISTLEBLOWBR RBTALIATION

(Claim against Defendant DOC)

25. Plaintiffrealleges and incorporates by reference paragraphs 1 through 24, as if set

forth in their entirety herein.

26. This Count sets forth a claim on behalf of Plaintiff against Defendant DOC

pursuant to $ I 12.3187, Florida Statutes.

27. As stated more specifically herein in part above, Plaintiff reporled and disclosed,

verbally and in writing, violations of law, rules or regulations, mismanagement, malfeasance,

misfeasance, gross waste of public funds and/or gross neglect of duty committed by one (1) or

more employees, agents or independent contractors of Defendant to persons both inside and

6

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 68 of 174
outside of her nonnal chain-of- command, and to others having the autliority to investigate,

police, manage and, otherwise, remedy the violations that he reporled.

28. After reporting these matters, opposing illegal activities, and/or participating in

inquiries, investigations, hearings, or other agency inquiries, as related in part above, Plaintiff

became the unwitting victim of retaliatory actions, as set forth in part above'

29. plaintiffs adverse treatment, including her termination, was a direct andlor

proximate adverse result of her reporting/opposing violations of laws, rules or regulations, of her

reporting malfeasance, misfeasance or gross misconduct, and/or of her participating in

investigations, hearings or other inquiries, as chronicled in part above.

30. The actions of all of the employees and/or agents of Defendant who affected

plaintiff s relationship with Defendant adversely did so at least in part in retaliation against her

for her "whistleblowing" activities.

31. As a direct and/or proximate result of the actions taken against her by Defendant

plaintiff has suffered injury, including, but not limited to, past and future wage losses, and other

tangible and intangible damages. These damages have occurred in the past, are occurring at

present, and will likely continue on into the future.

COUNT II

N 448. STA

(Claim against Defendant MHM)

32. Paragraphs 1 through 24 are realleged incorporated herein by reference.

33. This is an action brought under $ 448.101 et seq., Florida Statutes.

34. As set for-th in greater detail above, during the course of Plaintiff s employment,

she objected to certain practices of Defendant that were in violation of state and/or federal laws,

rules and/or regulations and/or she reasonably and objectively believed they were in violation of

7

same

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 69 of 174
35. After Plaintiff objected, Defendant tenninated her'

36. Plaintiff was terminated because she disclosed a practice of the Defendant that is

in violation of a law, rule, or regulation, and Plaintiff brought the activity, policy, or practice to

the attention of a supervisor, and/or to Defendant and afforded Defendant a reasonable

opportunity to correct the activity, policy, or practice and/or objected to, or refused to participate

in, any activity, policy, or practice of Defendant which is in violation of a law, rule, or regulation

and/or she reasonably and objectively believed they were in violation of same.

37. The disclosures made by Plaintiff are protected under $ 448.102, Florida Statutes.

38. As a direct and proximate cause of Plaintiff s participation in the whistleblowing

activities referenced above, Plaintiff has been damaged, which damages include but are not

limited to emotional pain and suffering, lost wages, other tangible and intangible damages, and

any other compensatory damages allowed by law. Plaintiff is also entitled to injunctive relief.

COUNT III

GENDER DISCRIMINATION

(Claim against both Defendants)

39. Paragraphs l-24 are re-alleged and incorporated herein by reference.

40, This is an action against Defendant for discrimination based upon gender brought

under Chapter 760, Florida Statutes.

41. Plaintiff has been the victim of discrirnination on the basis of Plaintiffs gender in

that Plaintiff was treated differently than similarly situated employees of Defendant who are male

and has been subject to hostility and poor treatment on the basis, at least in parl, of Plaintiff s

gender.

42. Defendant is liable for the differential treatment and hostility towards Plaintiff

because it controlled the actions and inactions of the persons making decisions affecting Plaintiff

8

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 70 of 174
or it knew or should have known of these actions and inactions and failed to take prompt and

adequate remedial action or took no action at all to prevent the abuses to Plaintiff.

43. Fufthermore, Defendant knowingly condoned and ratified the differential

treatment of plaintiff as more fully set forth above because it allowed the differential treatment

and participated in same.

44. Defendant's known allowance and ratification of these actions and inactions

actions created, perpetuated and facilitated an abusive and offensive work environment within the

meaning of the statutes referenced above.

45. In essence, the actions of agents of Defendant, which were each condoned and

ratified by Defendant, were of a gender-based nature and in violation of the laws set forth herein.

46. The discrimination complained of herein affected a term, condition, or privilege of

plaintiffs continued employment with Defendant. The events set forth herein led, at least in part,

to Plaintiff s termination.

47. Defendant's conduct and omissions constitutes intentional discrimination and

unlawful employment practices based upon gender in violation of Chapter 760, Florida Statutes.

48. As a direct and proximate result of Defendant's conduct described above, Plaintiff

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

inconvenience, mental anguish, loss of enjoyment of life and other non-pecuniary losses, along

with lost back and front pay, interest on pay, bonuses, and other benefits' These damages have

occurred in the past, are permanent and continuing. Plaintiff is entitled to injunctive/equitable

relief.

9

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 71 of 174
COUNT IV

RET ATION

(Claim against Both Defendants)

49. Plaintiff realleges and incorporates by reference Paragraphs 1 through 24, as if set

forth in their entirety herein.

50. Defendant is an employer as that term is used under the applicable statutes

referenced above.

51. The foregoing allegations establish a cause of action for unlawful retaliation after

plaintiff reported or opposed unlawful employment practices adversely affecting Plaintiff under

Chapter 760, Florida Statutes.

52. The foregoing unlawful actions by Defendant were purposeful.

53. Plaintiff voiced opposition to unlawful employment practices during Plaintiff s

employment with Defendant and was the victim of retaliation thereafter, as related in part above.

54. Plaintiff is a member of a protected class because Plaintiff reported unlawful

employment practices and was the victim of retaliation thereafter. There is thus a causal

connection between the reporting of the unlawful employment practices and the adverse

employment action taken thereafter.

55. 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 injunctive relief.

10

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 72 of 174
PRAYER FOR RELIEF

WHERBFORE, Plaintiff prays for the following relief:

(a) that process issue and this Court take jurisdiction over this cause;

(b) that this Court grant equitable relief against Defendant under the counts set forth

above, mandating Defendant's obedience to the laws enumerated herein and providing

other equitable relief to Plaintiff;

(c) that this Court enter judgment against Defendant and for Plaintiff awarding

damages to Plaintiff fi'om Defendant for Defendant's violations of law enumerated

herein;

(d) that this Court enter judgment against Defendant and for Plaintiff permanently

enjoining Defendant from future violations of law enumerated herein;

(e) that this Court enter judgment against Defendant and for Plaintiff awarding

Plaintiff costs and attorneys' fees, as allowed by law;

(0 that this Court award Plaintiffs interest as allowed by law; and that this Coutt

grant such other and further relief as is just and proper under the circumstances.

I1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 73 of 174
DEMAND FOR IAI, RY.II]RY

Plaintiff hereby demands a trial by jury on all issues set forth herein which are so triable.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing amended complaint has been furnished

to all counsel of record via the e-filing portal this 29th day of August, 2019.

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

12

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 74 of 174
Filing #95366668 E-Filed 0910912019 12:01:14 PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL

CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

V Gase No. 201 9-CA-000697

FLORIDA DEPARTMENT OF CORRECTIONS

MHM HEALTH PROFESSIONALS, lNC., and

MHM HEALTH PROFESSIONALS, LLC,

Defendants

DEFENDANT MHM HEALTH PROFESSIONALS, LLC'S

ANSWER D AFFIRMATIVE D EFENSES

Defendant MHM Health Professionals, LLC, f/k/a MHM Health Professionals, lnc.

("MHMHP")1, by and through its undersigned counsel, hereby answers the

correspondingly-numbered paragraphs of the Amended Complaint as follows:

NATURE OF THE ACTION

j. MHMHP admits that Plaintiff purports to bring this action pursuant to $

112.3187, Florida Sfafufes, S 448.101 et seq., Florida Sfafufes, and Chapter 760, Florida

Sfafufes, but denies that it violated any of the aforementioned statutes'

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

excess of Fifteen Thousand Dollars ($15,000), exclusive of attorney's fees and costs, but

denies that Plaintiff is entitled to any relief or damages.

I MHMHP was converted from a corporation to a limited liability company effective December 31, 2018.

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 75 of 174
PARTIES

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

protected class because of her gender. MHMHP is without knowledge or 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 othenruise denies the remaining

allegations of this ParagraPh.

4. MHMHP admits that Defendant Florida Department of Corrections is

organized and exists under the laws of the State of Florida. MHMHP further admits it was

plaintiff's employer. The remaining allegations of this paragraph are othenruise denied.

5. MHMHP denies that it entered into a contractual agreement with Defendant

DOC to provide comprehensive health care services. MHMHP admits that it is a

Delaware entity with its principal place of business in Florida and further states that it was

converted from a corporation to a limited liability company effective December 31, 2018.

MHMHP also admits that it was Plaintiff's employer. The allegations of this paragraph

are othenrvise denied.

6. MHMHP denies that it entered into a contractual agreement with Defendant

DOC to provide comprehensive health care services. MHMHP admits that it is a

Delaware entity with its principal place of business in Florida and further states that it was

converted from a corporation to a limited liability company effective December 31,2018.

MHMHP also admits that it was Plaintiff's employer. The allegations of this paragraph

are othenrvise denied.

2

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 76 of 174
CONDITIONS PRECEDENT

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

Commission on Human Relation and with the EEOC. MHMHP is without knowledge or

information sufficient to form a belief as to the truth of the remaining allegations of this

paragraph, therefore, they are denied.

STATEMENT OF FACTS

8. MHMHP admits that Plaintiff is a woman and was employed by MHMHP as

a Registered Nurse at Defendant DOC's Northwest Florida Reception Center from May

of 2Oj6 through December 29,2017. The remaining allegations of this paragraph are

otherwise denied. ln addition, MHMHP denies the allegations of the first sentence of

footnote 1 and admits the allegations of the second sentence of footnote 1.

9. MHMHP denies the allegations of this paragraph'

10. MHMHP denies the allegations of this paragraph.

1j. MHMHP admits Plaintiff submitted a written complaint on July 3,2017.

MHMHP othenruise denies the remaining allegations of this paragraph.

12. ln response to the allegation of this paragraph, MHMHP avers that

plaintiff's July 3, 2017 written complaint speaks for itself. MHMHP othenrvise denies the

allegations of this ParagraPh.

13. ln response to the allegation of this paragraph, MHMHP avers that

plaintiff,s July 3, 2017 written complaint speaks for itself. MHMHP othenrvise denies the

allegations of this ParagraPh.

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

plaintiff submitted a written complaint to Human Resources on July 3,2017 and further

3

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 77 of 174
avers that the complaint speaks for itself. MHMHP otherwise denies the remaining

allegations of this paragraPh.

15. MHMHP admits on November 11,2017, Plaintiff was working in the

lnfirmary and that Plaintiff reinserted an inmate's catheter. MHMHP is without knowledge

or information sufficient to form a belief as to truth of the remainder of the allegations of

this paragraph, therefore, they are denied'

16. MHMHP admits that Plaintiff reported alleged inappropriate conduct by an

inmate to DON Blocker on or about November 12, 2017. MHMHP is without knowledge

or information sufficient to form a belief as to truth of the remainder of the allegations of

this paragraph, therefore, they are denied.

17. MHMHP denies that Plaintiff was forced to move locations. MHMHP is

without knowledge or information sufficient to form a belief as to truth of the remainder of

the allegations of this paragraph, therefore, they are denied.

18. MHMHP admits that Plaintiff claimed to be anxious. MHMHP denies that

HSA Johnson refused to discuss the matter with Plaintiff. MHMHP is without knowledge

or information sufficient to form a belief as to truth of the remainder of the allegations of

this paragraph, therefore, they are denied.

19. MHMHP denies the allegations of this paragraph.

20. MHMHP denies the allegations of this paragraph.

21. MHMHP admits that Warden Maddox and others met with Plaintiff to

discuss her concerns. MHMHP otherwise denies the allegations of this paragraph.

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

plaintiff submitted a written complaint on November 16, 2017 , and further avers that the

4

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 78 of 174
written complaint speaks for itself. MHMHP otherwise denies the remaining allegations

of this paragraPh.

23. MHMHP denies the allegations of this paragraph'

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

this paragraph and, therefore, they are denied. MHMHP othenruise denies the remaining

allegations of this ParagraPh.

COUNT I

- 

tclaim against Defendant Doc)

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

through 24 above.

26. MHMHp admits that Plaintiff purports to bring a claim against Defendant

DOC pursuant to S 112.3187, Florida Sfafufes'

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 denies the allegations of this paragraph'

31. MHMHP denies the allegations of this paragraph'

COUNT il

N F

(Claim against Defendant MHM)

32 MHMHP reasserts and incorporates herein its responses to Paragraphs 1

through 24 above.

33. MHMHp admits that Plaintiff purports to bring this action under S 448.101

ef seq. , Florida Sfafufes. MHMHP otherwise denies the allegations of this paragraph'

5

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 79 of 174
34. MHMHP denies the allegations of this paragraph

35. MHMHP denies the allegations of this paragraph

36. MHMHP denies the allegations of this paragraph

37 . MHMHP denies the allegations of this paragraph

38. MHMHP denies the allegations of this paragraph

couNT lll

GEND R DISCRIMI N

(Glaim against both Defendants

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

through 24 above.

40. MHMHp admits that Plaintiff purports to bring this action for discrimination

based on gender pursuant to Chapter 760, Ftorida Sfafufes. MHMHP otherwise denies

the allegations of this paragraph.

41. MHMHP denies the allegations of this paragraph'

42. MHMHP denies the allegations of this paragraph'

43. MHMHP denies the allegations of this paragraph'

44. MHMHP denies the allegations of this paragraph'

45. MHMHP denies the allegations of this paragraph'

46. MHMHP denies the allegations of this paragraph'

47. MHMHP denies the allegations of this paragraph'

48. MHMHP denies the allegations of this paragraph'

)

6

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 80 of 174
COUNT IV

RETALIATION

(Glaim against both Defendants)

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

through 24 above.

50. MHMHP admits that it is an employer. MHMHP otherurrise denies the

remaining 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'

54. MHMHP denies the allegations of this paragraph.

55. MHMHP denies the allegations of this paragraph.

PRAYER FOR RELIEF

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

DEMAND FOR TRIAL BY JURY

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

trial by jury.

DEFENDA NT MHM HEALTH P FESSIONALS. LLC'S AFFIRMATIVE ENSES

FIRST AFFIRM TIVE 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.

7

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 81 of 174
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'

FOU AFFIRM ATIVE DE SE

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

by discrimination or retaliation or alternatively, that "but for" 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 Plaintiff'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 Plaintitf's claims, allegations, or alleged damages'

8

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 82 of 174
EIGHTH AFFIRMATIVE D EFENSE

MHMHP is entiiled 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 AFFIRMATIVE ENSE

To the extent that Plaintiff'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 FFIRMATIVE DEFENSE

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

and/or estoppel

ELEVE AFFIRMATIVE EFENSE

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 AFFI TIVE DEF ENSE

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

ad m inistrative remed ies

THIRT ENTH AFFI ATIVE DEF ENSE

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.

9

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 83 of 174
Respectfu llY subm itted,

Cat

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

(81 3) 318-5700 - TelePhone

(813) 318-5900 - Facsimile

Attorneys for Defendant MHM Health

Professionals, LLC

CERTIF ICATE OF S RVICE

I HEREBY CERTIFy that on September 9,2019 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:

Adam Ellis, Esq.

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

adam@mattoxlaw.com

herine H ollov

Attorney

10

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 84 of 174
Filing # 95559744 E-Filed 0911112019 05:04:37 PM

IN THE CIRCUIT COURT OF THB SECOND JUDICIAL CIRCUIT,

IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

v Case No.: 2019-CA-000697

FLORIDA DEPARTMENT OF CORRECTIONS,

MHM HEALTH PROFESSIONALS, INC., and

MHM HEALTH PROFESSIONALS, LLC,

Defendants

REOUEST FOR COPIES

Plaintifl Christina Worley, pursuant to Rule 1.351(e), Florida Rules of Civil Procedure,

hereby requests that Defendant provide the undersigned attorney with legible copies of each and

every document produced pursuant to Defendant's, MHM Health Professionals, LLC's, f/kia

MHM Health Professionals, Inc., Notice of Intent to Serve Subpoena Duces Tecum without

Deposition, dated and filed September I 1, 2019, regarding the following persons or entities:

1. Doctor's Memorial Hospital

Attn: Custodian of Records

2600 Hospital Drive

Bonifay, FL34425

2. Corizon Health,Inc.

Attn: Custodian of Records

c/o CT Corporation System

1200 South Pine Island Road

Plantationo FL 33324

Plaintiff hereby agrees to pay the reasonable cost for the requested copies upon

presentation of documentation of expenses and costs but requests prior notification of any

amounts over Fifty ($50) Dollars.

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 85 of 174
Respectfully submitted,

/s/ Adam Ellis ffi

MARIE A. MATTOX, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

Telephone: (850) 383-4800

Facsimile: (850) 383-4801

adam@mattoxlaw.com

i ervon ie@m attoxl aw. com

michelle2@mattoxlaw.com [scheduling]

ATTORI\EYS FOR PLAINTIFF

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing has been served via electronic

filing through the Florida Courts E-Filing Portal and as a courtesy by electronic mail this 1lth

day of September, 2019 to:

Cayla M. Page

Richard C. McCrea, Jr.

Catherine H. Molloy

GREENBERG TRAURIG, P,A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

pagec@etlaw.com

mccrear@gtlaw.com

mollovk(Eetlaw.com

ATTORNEYS FOR DEFENDANT

/s/ Adam Ellis

Adam Ellis

2

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 86 of 174
Filing #95706643 E-Filed 0911312019 05:54:48 PM

CHRISTINA WORLEY,

Plaintift

v

IN THE CIRCUIT COURT OF THE

SECOND JUDICIAL CIRCUIT, IN

AND FOR LEON COUNTY, FLORIDA

Case No.: 2019-CA-000697

FLORIDA DEPARTMENT OF CORRECTIONS'

MHM HEALTH PROFESSIONALS' INC', and

MHM HEALTH PROFESSIONALS, LLC,

Defendants.

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, catherine H'

Molloy, Richard c. Mccrea, Jr., and cayla M. Page, GREENBERG TRAURIG, P'A', Tampa,

Florida 33602; moll)rk@,gt1aw.conl, mccrcar{fitgtlaw.conr, and rragec(#)gtlaw.conr on September

13,2019,

Respectfully submitted,

/s/ A m [',llis

Adam Eltis; FBN: 35628

MARIE A. MATTOX, P.A,

203 North Gadsden Street

Tallahassee, Florida 32301

Telephone: (850) 383-4800

@,i erv o ni e(rD m attox I aw. c o m

rueLei@fscheduling]

ATTORNEYS FOR PLAINTIFF

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 87 of 174
Filing #95706643 E-Filed 0911312019 05:54:48 PM

CHRISTINA WORLEY,

Plaintiff,

v

FLORIDA DEPARTMENT OF CORRECTIONS'

MHM HEALTH PROFESSIONALS, INC., and

MHM HEALTH PROFESSIONALS, LLC,

Defendants.

IN THB CIRCUIT COURT OF THE

SECOND JUDICIAL CIRCUIT,IN AND

FOR LEON COUNTY, F'LORIDA

Case No.: 2019-CA-000697

1

PLAINTIFF'S RBSPONSE TO DEFENDANT'S

FIRST OIIB,ST F'OR PRO CTION OF IMENTS

plaintiff, Christina Worley, by and through her undersigned counsel, responds to

Defendant,s First Request for Production of Documents as follows:

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

paragraph No. l0 of the Complaint that "[i]n July 2077, Plaintiff reported to DON Blocker

that an inmate was not receiving appropriate medical care given the severity of his medical

condition."

RESPONSE: See attached: correspondence and documents'

A1l documents which support, or which you believe tend to support, the allegations of

paragraph No. I 1 of the Complaint that "Plaintiff subsequently reported to DON Blocker

that befend ant, at the existing facility, would not be able to adequately care for this

inmate."

RESPONSE: None, other than documents produced responsive to other requests herein,

are in Plaintiff s possession.

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

paragraph Nos. 17 and 12 of the Complaint that "Defendant did not have the appropriate

.uppti"i available" and that "Defendant did not have the adequate equipment or staff to

appropriately care for the patient'"

None, other than documents produced responsive to other requests herein,

2

RE NSE:

are in Plaintiff s possession

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 88 of 174
4 All documents which support, or which you believe tend to suppoft, the allegations of

Paragraph No. 13 of the Complaint that "On July 3, 20lT,Plaintiff submitted an official

report to Human Resources detailing the inadequate carc provided to said inmate and the

gross misconduct that was performed by Defendants."

RESPONSE: None, other than documents produced responsive to other requests herein,

are in Plaintiff s possession.

All docurnents which support, or which you believe tend to support, the allegations of

Paragraph No. l3 of the Cornplaint that "Plaintiff reported further misconduct by way of

Defendants' unsafe work environment for its medical personnel including specifically

without limitation inmate stabbings, inmates assaulting security, rumors of riots, and lack

of medical personnel."

RESPONSE: None, other than documents produced responsive to other requests herein,

are in Plaintiffs possession.

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

Paragraph No. l4 of the Complaint that "Plaintiff realized she was being forced to virtually

'masturbate' this inmate, by repeatedly touching his penis each time said inmate

intentionally displaced his catheter."

RESPONSE: None, other than documents produced responsive to other requests herein,

are in Plaintiff s possession.

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

Paragraph No. 16 of the Complaint that "DOC's policy [ ] stated when an inmate crossed

boundaries with lewd and lascivious exposure, or attempt to establish any inmate

relationship with staff; they - the inmate(s) - are moved."

RESPONSE: None, other than documents produced responsive to other requests herein,

are in Plaintiff s possession.

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

Paragraph No. 17 of the Complaint that "in evidence of retaliation for her reporting,

Plaintiff was forced to move locations three (3) separate times."

RBSPONSE: None, other than documents produced responsive to other requests herein,

are in Plaintiff s possession.

All documents which suppoft, or which you believe tend to suppott, the allegations of

Paragraph No. 17 of the Complaint that "multiple employees within Defendant refused to

assist Plaintiff with her work duties."

None, other than documents produced responsive to other requests herein,

are in Plaintiff s possession.

5

6

7

8

9

RESPONSE:

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 89 of 174
10

11

t2

l3

14

15.

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

Paragraph No. 1 8 of the Cornplaint that "Plaintiff pleaded with administration for help, as

she was traumatized and suffered from nightmares, flashbacks, and excessive anxiety."

RESPONSE: None, other than documents produced responsive to other requests herein,

are in Plaintiff s possession.

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

Paragraph No. l8 of the Complaint that "Health Administrator Tara Johnson refused to talk

to Plaintiff about the issues."

RBSPONSE: None, other than documents produced responsive to other requests herein,

are in Plaintiff s possession.

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

Paragraph No. 1 9 of the Complaint that "DON Blocker told Plaintiff she did not know what

Plaintiff wanted, and HR Director Sara Brus told Plaintiff that she did not believe her."

RESPONSE: None, other than documents produced responsive to other requests herein,

are in Plaintiff s possession.

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

Paragraph No. 20 of the Complaint.

RESPONSE: None, other than documents produced responsive to other requests

herein, are in Plaintiff s possession.

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

Paragraph No. 2l of the Complaint that "Plaintiff reported safety issues regarding several

inmates housed within the Defendant DOC."

RESPONSE: None, other than documents produced responsive to other requests herein,

are in Plaintiff s possession.

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

Paragraph No. 22 of the Complaint that "Plaintiff filed a written complaint regarding

ongoing violations of laws, rules and/or regulations and/or misfeasance, andlor gross

misconduct."

RESPONSE: None, other than documents produced responsive to other requests herein,

are in Plaintifls possession.

All documents which suppoft, or which you believe tend to suppoft, the allegations of

Paragraph No. 23 of the Complaint that "Plaintiff disclosed further facts of Defendants'

violations among the medical staff."

16.

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 90 of 174
l7

l8

19

20.

2l

RBSPONSB None, other than documents produced responsive to other requests herein,

are in Plaintiff s possession.

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

Paragraph No. 25 of the Complaint that "in retaliation for filing her internal complaint, for

reporting actual and/or suspected violations of laws, rules and/or regulations and/or

malfeasance, misfeasance and/or gross misconduct, participating in an investigation and/or

inquiry, and in continued disparate treatment due to her gender, Plaintiff was wrongfully

tenninated."

RESPONSB: None, other than documents produced responsive to other requests herein,

are in Plaintiff s possession.

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

Paragraph No. 42 of the Complaint that "Plaintiff has been the victim of discrimination on

the basis of Plaintiff s gender in that Plaintiffwas treated differently than similarly situated

employees of Defendant who are male and has been subject to hostility and poor treatment

on the basis, at least in part, of Plaintiff s gender."

RESPONSE None, other than documents produced responsive to other requests herein,

are in Plaintiff s possession.

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

Paragraph No. 45 of the Complaint that "Defendant knowingly condoned and ratified the

d i fferential treatment of Plaintiff."

RBSPONSE: None, other than documents produced responsive to other requests herein,

are in Plaintiffls possession.

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

Paragraph No. 55 of the Complaint that "actions by Defendant were purposeful."

RESPONSE: None, other than documents produced responsive to other requests herein,

are in Plaintiff s possession.

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: See attached: documents relating to submitted charges

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

documents kept or maintained by you from May of 2016 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.

22

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 91 of 174
RESPONSE There are no documents responsive to this request in Plaintiffs

possession.

23 To the extent not otherwise produced, all documents relating to your employment with

Defendant, including any documentation that you removed from Defendant during your

ernployment.

RESPONSE: There are no documents responsive to this request in Plaintifls

possession.

24 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: There are no documents responsive to this request in Plaintiffs

possession.

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

RESPONSE: Plaintiff is still in the process of gathering and organizing additional

information and will supplement this response, if responsive documents

are located.

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

suffered.

RESPONSE: See attached: notice of approval. Also, Plaintiff is still in the process of

gathering and organizing additional information and will supplement this

response, if responsive documents are located.

27 All applications for employment that you've submitted since your employment with

Defendant terminated.

RESPONSE: There are no documents responsive to this request in Plaintiffs

possession.

28 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: There are no documents responsive to this request in Plaintiffs

possession.

All documents reflecting any communications or correspondence between you and any

present or former employee or agent of Defendant on or after December 1,2017 through

the date ofyour response hereto.

29

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 92 of 174
30

31

32.

JJ

34

35

36

RBSPONSE: There are no documents responsive to this request in Plaintiffs

possession.

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

Defendant that relate to your employment with Defendant.

RESPONSE: None, other than documents produced responsive to other requests herein,

are in Plaintiff s possession.

Alltext messages, emails, phone logs between you and any current or fonner employee of

the Florida Department of Corrections that relate to your employment with Defendant.

RESPONSE: There are no documents responsive to this request in Plaintiffs

possession.

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

Defendant's First Set of Interrogatories to Plaintiff.

RESPONSE: None other than the documents produced responsive to other requests

herein.

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

schedules and attachments, for calendar yearc 2016,2017, and 2018.

RESPONSE: Plaintiff is still in the process of gathering and organizing additional

information and will supplement this response, if responsive documents

are located.

Produce a fully executed unemployment compensation records release form, which is

attached hereto for your signature. Complete and attach the form to your response.

RESIQNSE: An executed release form will be provided as soon as Plaintiff is able

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

Complete and attach the form to your response.

RESPONSE: Objection -this request calls for privileged information

Any documents not requested in the foregoing paragraphs, which suppoft, or which you

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

RESPONSE: There are no documents responsive to this request in Plaintiffs

possession.

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 93 of 174
Respectfully subm itted,

/s/ Adam Ellis

Adam Ellis;FBN: 35628

MARIE A. MATTOX, P.A.

203 Norlh Gadsden Street

Tallahassee, Florida 32301

Telephone: (850) 383-4800

adam@mattoxlaw.com

j ervonie@mattoxlaw.com

michelle2@mattoxlaw.com [schedul ing]

ATTORNEY FOR PLAINTIFF

CERTIFICATE OF SERVICE

I HEREBy CERTIFY that a true copy of the foregoing has been served via electronic filing

through the Florida Courts E-Filing Portal and as a courtesy by electronic mail this 13th day of

September, 2019 to:

Catherine H. MolloY

Richard C. McCrea, Jr.

Cayla M. Page

GREENBERG TRAURIG, P.A.

Tampa, Florida 33602

mollyk@gtlaw.com

mccrear@gtlaw.com

pagec@etlaw.com

ATTORNEYS FOR DEFENDANT

/s/ Adam Ellis

Adam Ellis

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 94 of 174
Filing # 95748949 E-Filed 0911612019 12:27:42PIll4

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL

CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

v Case No. 2019-GA-000697

FLORIDA DEPARTMENT OF CORRECTIONS

MHM HEALTH PROFESSIONALS, lNC., and

MHM HEALTH PROFESSIONALS, LLC'

Defendants

NOTICE OF CANCELLATION OF HEARING

PLEASE TAKE NOTICE that Defendant, MHM Health Professionals, LLC, f/k/a

MHM Health Professionals, lnc. is cancelling the hearing on Defendant's Motion to

Dismiss, Or ln The Alternative, For A More Definite Statement scheduled on October

T,2O1g at2:45 P.M. before Honorable Kevin J. Carroll, Leon County Courthouse' 301 S.

Monroe Street, Room 330, Tallahassee' FL 32301.

ResPectfu llY su bm itted,

/s/Catherin e 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

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

(813) 318-5700 - TelePhone

(813) 318-5900 - Facsimile

Attorneys for Defendant

ACTIVE 45830886v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 95 of 174
CERTIFICAT OF SERVICE

I HEREBY CERTIFY that on September 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:

Adam Ellis, Esq.

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

adam@mattoxlaw.com

/s/Catherine H. Mol

Attorney

2

ACTIVE 45830886v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 96 of 174
Filing #96126630 E-Filed 0912312019 01:39:05 PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL

CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

v, Case No. 201 9-CA-000697

FLORIDA DEPARTMENT OF CORRECTIONS

MHM HEALTH PROFESSIONALS, lNC., and

MHM HEALTH PROFESSIONALS, LLC,

Defendants.

DEFENDANT MHM HEALTH PROFESSIONALS, LLC'S

NOTICE OF SERVICE OF UNVERIFIED RESPONSES AND

oBJEgTIONS TO P,LAINTIFt:!i Ff RSI SEr oE ll{rERRoGAroRlES,

PLEASE TAKE NOTICE that the original and a copy of Defendant MHM Health

Professionals, LLC's Unverified Responses and Objections to Plaintiff's First Set of

lnterrogatories has been served by email and by U.S. mail this 23Id day of September,

2019 upon:

Adam Ellis, Esq.

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

adam@mattoxlaw,com

llv

Rich ard C McC

Florida Bar No. 3

Email: mccrear@ com

Catherine H. Molloy

Florida Bar No, 33500

Email : molloyk@gtlaw.com

Cayla M, Page

Florida Bar No. 1003487

ACTIVE 44711305v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 97 of 174
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 MHM Health

Professionals, LLC

2

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 98 of 174
Filing #96544501 E-Filed 1010112019 12:51:09 PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL

CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

V Case No. 201 9-CA-000697

FLORIDA DEPARTMENT OF CORRECTIONS

MHM HEALTH PROFESSIONALS, lNG., and

MHM HEALTH PROFESSIONALS, LLC,

Defendants.

NOTICE OF TAKING DEPOSITION OF PLAINTIFF

PLEASE TAKE NOTICE that Defendant, MHM Health Professionals, LLC f/k/aMHM

Health Professionals, Inc., will take the deposition of Plaintiff as follows:

The deposition is by oral examination and will continue from day to day until completed, before a

member of Magna Legal Services, Inc., who is a certified court reporter and notary public, and

who is not of counsel to the parties or interested in the events of the cause. The deposition is being

taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted

under the rules of Court.

I

Greenberg Traurig, LLP

101 E. College Avenue

Tallahassee, FL 32301

(8s0) 222-689r

Christina Worley October 29,2079 at

9:00 a.m.

ACTIVE 46061697v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 99 of 174
Dated: October 1,2019 /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

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Attorneys for Defendant MHM Health

Professionals, LLC

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on October 1, 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:

Adam Ellis, Esq.

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

adam@mattoxlaw.com

iervo n ie@ m attoxl aw. com

m ichel le2@mattoxlaw. com

/s/Catherine H. Mollov

Attorney

ACTIVE 46061697v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 100 of 174
Filing # 96517222 E-Filed 1010112019 04:55:38 PM

IN THE CIRCUIT COURT OT THE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORTDA

CHzuSTINA WORLEY

Plaintiff, CASE NO.: 2019 CA 000697

FLORIDA DEPARTMENT OF CORRECTIONS,

MHM HEALTH PROFESSIONALS, INC. and

MHM HEALTH PROFESSIONALS, LLC

Defendants.

MOTION TO DISMISS PLAINTIFF'S COMPLAINT

COMES NOW, Defendant, FLORIDA DEPARTMENT OF CORRECTIONS (hereinafter

,,FDC',), by and tll.ough its undersigned counsel, and hereby files this Motion to Dismiss Plaintiff s

Complaint pursuant to Rule 1 . I 40 of the Florida Rules of Civil Procedure, and as grounds therefore

states the following:

I. STATEMENT OF FACTS

1. This case concems instances of gender discrimination and retaliation that Plaintiff

allegedly experienced while she was employed as a Registered Nurse at the Northwest Florida

Reception Center. (Sesi Complaint, "ll 8, Filing # 95007895 E-Filed 0812912019 05:04:04 PM),

2. Specifically, Piaintiffalleges that she was subjected to mistreatment by the staff at

the Norlhwest Florida Reception Center including the Director of Nursing, Brandi Blocker, Health

Seruices Administrator, Tara Johnson, and Human Resources Director, Sara Brus. ($qe Complaint,

$ 10). plaintiff claims that she made complaints abouther worlc environment being unsafe, andthat

her supervisors failed to discuss the complaints ortake corrective action. (See Complaint, uU 19-22)'

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Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 101 of 174
3. Plaintiff further alleges that the Warden of the Northwest Florida Reception Center

questioned Plaintiff s complaints by failing to take corrective action after receiving repofis of safefy

issues and policy violations. (SE-e Complaint, fl.t| 2l-23).

4. Plaintiff claims that Defendant FDC refused to take any conective action after

receiving Plaintiff s repofts of misconduct, and ultimately discharged Plaintiff on December 29,

2017. (See Compiaint, nn22-23).

5. PlaintifPs Complaint alleges three counts against FDC: public employee

whistleblower retaiiation (Count One); gender discrimination (Count Tlu'ee); and tetaliation (Count

Four). (See Complaint).

6. Count One is brought pursuant to the Florida Whistle-Blower's Act ("FWA");

howevet, Plaintiff s Cornplaint fails to sufficiently allege cornpliance with the statutory conditions

precedent to this action, (Sce Complaint, fl 7).

7 , Meanwhile, Counts Tlxee and Foul corne within the purview of the Florida Civil

Rights Act (*FCRA"); however, Plaintiff has failed to sufficiently allege compliance with the

statutory conditions precedent contained in the FCRA, (Sce Complaint, tl7),

8. Plaintiff fuither failed to adequately plead prima facie causes of action against

Defendant FDC. Concerning Count Three ofPlaintiff s Cornplaint which attempts to allege a gender

discrimination claim against FDC, Plaintiff not only failed to allege cornpliance with pre-suit

requirements, Plaintiff also fails to identify the type of discrimination that she was allegedly

subjected to, (Spe Complaint,lifl 39'48).

9. Count Four, PlaintifPs retaliation claim, also fails to identiff which theory of

retaliation Plaintiff alleges she was subjected to. (.Seq Complaint, l[fl 49-55).

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Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 102 of 174
10. Finally, as alleged in the Complaint, the acts and omissions giving rise to Plaintiff s

claims occurred at Northwest Florida Reception Center, (See Cornplaint tf 8).

I 1, Northwest Floricla Reception Center is located in Washington County, Florida' (See

Affrdavit of Assistant Warden Eric Hall, attached hereto as Exhibit "A"), Nevertheless, Plaintiff filed

the instant action in Leon CountY.

12. Accordingly, this Motion to Dismiss is necessary'

il. ARGUMENT AND qITATI-ON OF AUTHORI'TY

A. PLAINTIFF'S COMPLAINT SHOULD BE DISMISSED AS PLAINTIFF IIAS

FAILED TO STATE A CAUSE OF ACTION.

,.,To state a cause of action, a complaintrnust allege sufficient ultimate facts to showthat the

pleader is entitledto relief."'WB. , 728 So'

ZdZg7,300 (Fla. lst DCA 1999) (quoting Perry v, Cosgrove,464 So. 2d664,665 (Fla' 2nd DCA

1985). Accordingly, the test for a motion to dismiss for failure to state a cause of action oois whether

the pleader could prove any set of facts whatever in support of the claim," RocbS.v. Mpla}shlin

Eggineering Co,, 49 So, 3d 823,826 (Fla. 4th DCA 2010). "In ruling on a motion to dismiss for

failure to state a cause ofaction, the trial court is confined to a consideration ofthe allegations found

within the foul corners of the complaint." Carmgre..v. MqKinley. Ittels

Benrtssqn. p.A.,952 So. 2d7273,1275 (Fla.2dDCA2007) (internal quotations omitted). "The

court must assume that al1 allegations in the complaint are true and decide whether the plaintiff

would be entitled to relief." Id.

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Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 103 of 174
l. Plaintiffls Statedaw Whistle-Flowg"r Claim against FDC Must Be Dismissed as

Plaintiff has Failed to Sufdpiently ..Allege Compliance with a Condition

Precedent to Filing Suit against Defendan-t--FDC.

Plaintiffs state-law Whistle-Biower claim against FDC (Count One) must be dismissed

because Plaintiff has failed to adequately allege cotnpliance with the pre-suit notice requirement in

Florida Statute $ 768.28. Florida Statute $ 768,28 applies to actions against the state, including

actions under the Whistle-Blower Act. ($ee Barthlow v. Jett, 930 So. 2d 739 (Fla' lst DCA

2006)(granting Defendant's Motion to Dismiss Florida Whistle-Blower claim for failure to comply

with section 768,28 pre-suit notice requirements)).

Section 768,28 contains Florida's waiver of sovereign immunity for itself, its agencies, and

its subdivisions. Pertinent here, the statute provides:

(a) A" action may not be instituted on a claim against the state or one of its agencies

or subdivisions unless the claimant presents the claim in writing to the appropriate

agency, and also, . . . presents such claim in wliting to the Department of Financial

Services, within 3 years after such claim accrues and the Department of Financial

Seryices or the appropriate agency denies the claim in writing'

(b) For pruposes of this section, the requirements of noticq-lp the-agency and denial

of.fhg. clAim pursuant to paraeraph (a).are..conditions precedent to mai.qtaini$g an

action. . , ,

$ 768.28(6)(a)-(b), Fla. Stat. (emphasis added). Failure of the agency to make a final disposition of

a claim within six months after it is filed "shall be deemed a final denial of the claim." $

768,28(6Xd), Fla. Stat.

As evidenced by the statute's plain wording, section 768.28(6)'s pre-suit notice provision is

a condition precedent, "which serves the purpose of giving the appropriate entities an opportunity

to investigate and time to respond," May-rla{d.v, State. Dep't of Corr,, 864 So. 2d 1232, 1233-1234

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Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 104 of 174
(Fla. lst DCA 2004). Because it is an aspect of Florida's sovereign immunity waiver, section

768.28(6)'s "notice provision is strictly construed, with strict compliance being required." Id. at

1234. See alsa Levine v. Dad.e_ CnJ.y. Sch. Bd. , 442 So.2d210,212-213 (Fla. 1983) (holding that

section 768.28(6)'s notice requirement must be strictly construed). The statute 'oleaves little room

forsubstantialcornpliance.,,,584So.2dI36,137(Fla'1stDCA

1991) (holding that section 768.28(6) was not complied with when the notice was forwarded to the

Department of Conections by a third party rather than directly by the claimant). Accordingly, where

aplaintifffailsto fully satisfythe requirements of section768.28(6), the actionis properlydismissed.

M.aynard, 864 So, 2d at 7234.

Further, the Whistle-Blower Act itself has requirements that must precede filing of suit under

the Act. Florida Statute $ 112.3187 provides:

(a) Any employee of or applicant for employment with any state

agency . . . who is discharged, disciplined, or subjected to oflier

adverse personnel action, or denied employment, because he or she

engaged in an activity protected by this section may file a complaint,

which complaint must be rnade in accordance with s. 112.31895.

Upon receipt of notice from the Florida Commission on Human

Relations of termination of the investigation, the complainant may

elect to pursue the adrninistrative remedy available under s,

1 12.31895 or bring a civil action within 180 days after receipt of the

notice.

$ 112.3187(S)(a), Fla. Stat. This statute, like section 768.28, is a pre-suit requirement. (See Univ, of

Cent, Fla. Bd. of Trusree.s- v. Turk_igwicz, 2l So. 3d 141,145 (Fla. 5th DCA 2009) (holding that

section 1 12.31S7(8)(a) is a condition precedent to filing suit, thus "employees are only entitled to

file a civil action within 180 days after receipt of notice fi'om the FCHR of termination of the

investigation.")).

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Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 105 of 174
Here, Defendant FDC is an agency of the State of Florida, and as such, is entitled to pre-suit

noticepursuanttoFloridaStatute $768,2S(6).Statutorily,Plaintiffisalsorequiredtofilesuitwithin

1 80 days after receiving notice of termination of investigation by the Florida Commission on Human

Relations under section I12.3187(8)(a). Howevel, beyond the conclusory altegation contained in

paragraph 7 of the Complaint that "Plaintiff has satisfied all conditions precedent to bringing this

action in that plaintiff filed a charge of dismimination with the Florida Commission on Human

Relations and with the EEOC. This action is timely filed thereafter," Plaintiff fails to allege shict

compliancewiththe requirements ofthese statutes. (Seg Complaint,'1I7). Specifically, Plaintiff does

not allege when she presented notice of her claims, whether the notice was presented in writing,

whether plaintiffs claims were denied by the appropriate agency in wliting, and when any such

denial occurred. plaintiff also fails to allege whether notice was presented in writing to the

Department of Financial Services, as is required by the statute. See 768,28(6)(a), Fla. Stat' For this

reason, FDC respectfully submits that it is entitled to dismissal of Count One of Plaintiffs

Complaint based of plaintif?s failure to adequately allege compliance with a condition precedent.

Z. Plaintiffs Claims Brought Pursuant to the Florida Civil Rishts Act Must Be

Dismiss*pd a;"qbintiff h.as Failed to Sufficiently AtlegB Qg,npliance with the

Act's Presuit Administrative Pfoc"edures'

The Florida Civil Rights Act ("FCRA") provides aggrieved persons with an avenue for

redress of unlawful discrimination in the workplace. "Under certain circumstances, the Act creates

a statutory right to maintain a civil cause of action when a violation occurs. Howevet, the Act first

requires that the clairnant cornply with a set of presuit administrative procedures." Maggio-:r. F-la.

Dqp.'t. of Labor and Employment Sec., 899 So. 2d 1074,1077 (Fla. 2005)' Specifically, Florida

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Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 106 of 174
Statutes g 760,11(1) requires the claimant to file a complaint with the Florida Commission on

HumanRelations ("FCHR") orEqual EmploymentOpportunityCommission ("EEOC") "within365

days of the alleged violation, naming the employer . . . responsible for the vioiation and describing

theviolation."760.l1(1),Fla. Stat.TheFCHRtheninvestigatestheallegationsofthecomplaintto

detelnine "whether there is reasonable cause to believe that discriminatory practice has occuned."

760,1 1(3), Fla. Stat, The FCHR must make its reasonable cause determination within 180 days of

the filing ofthe complaint. Id In the event the FCHR determines there is reasonable cause to believe

discrimination has occurred, or in the event the FCHR fails to make a detetmination within 1 80 days,

the claimant may bring a civil action against the employer. $ 760.1 1(4), (8), Fla. Stat. "A civil action

br.ought under the FCRA must be filed 'no later than 1 year after the date of determination of

reasonablecausebythecommission.,,,,182So.3d787,790(Fla.

1st DCA 2016) (quoting $ 760.11(s)),

Notably, "the administrative exhaustion requirements of the FCRA involve more than the

mere passage of time," rather, they "entaii a period of investigation" by the FCHR. I&at794.In

Sheridan, the First District reiterated that the FCRA's administrative framework

fP]ermits those subjected to unlawfirl workplace discrimination to seek redress,

imposes a preliminary screening procedure to weed out unmeritorious claims, and

avoids having that scrcening process arbitrarily eliminate the right to review by

allowing those whose charges are not efficiently handled to proceed to circuit court

ifno ruiing has been rendered in 180 days.

ld, at|92(quoting McEirath v. Burley, 707 So, 2d836,840 (Fla. 1st DCA 1998). Accordingly, the

First District heid that "the carefully crafted administrative regime of the FCRA is frustrated when

a claimant acts contrary to its express tems." Id. With this in mind, courts have understandably

recognizedthat satisfaction of the administrative preconditions of the FCRA operates as "a condition

precedent that must be pleaded when filing the civil action." Maynald v. Taco Bell of Am.. Inc., 1 17

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Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 107 of 174
So. 3d 1 i 59, 1 1 61 (Fla. 2nd DCA 20t3). Pertinent here, a civil action is premature and subject to

dismissal if it is filed prior to the FCHR making a cause determination or before the full 180-day

investigatory period has elapsed. Sheridan, 182 So. 3d at794. Accordingly, in order to avoid

dismissal it is necessary for a civil rights plaintiff to sufficientiy allege timely compliance with the

statutorily-required condition precedent. See. e,& Maynard, 117 So. 3d at 1161 (holding that

complaint sufficiently alleged compliance with condition precedent when plaintiff aileged he

received notice from FCHR on January 1,3,2009 that 180 days had elapsed without FCHR making

a probable cause detetmination).

Here, Plaintiff s FCRA claims against FDC (Counts Three and Four) are premised on various

instances ofdiscrimination, which allegedly occumed betweenJuly3,2017 and December29,2017;

however, Plaintiffs Cornplaint fails to sufficiently allege compliance with the FCRA's

administrative preconditions. (See Complaint, $'lJ l-23).Instead, Plaintiffmerely clairns: "Plaintiff

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. This action

is timely filed thereafter." (See Complaint, $ 7). Plaintiff s bare assertion that she filed a charge of

discriminationwiththeFCFIR and EEOC does notdemonstratetherequisitetimely compliancewith

the FCRA's administrative conditions precedent, Notably, it is impossible to determine from

Plaintiff s allegations as to when she filed her charge with the EEOC and FCHR, whether she

received a cause determination flom the FCHR, or alternatively, whether she properly waited for the

180-day investigative period to elapse, as required by statute. For this reason, FDC respectfully

requests dismissal of Counts Three and Foffi of Plaintiff s Complaint based of Plaintifls failure to

adequately allege compliance with the FCRA's conditions precedent.

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Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 108 of 174
3. Plaintiff's Count Three against FDC Should.,Fe DiSmissed as Plaint-if"f

Jmproperly Commingled Multiple Alleglrtions of Gender Discrimiqation Withi4

One Count of The Complaint.

In Count Three of the Complaint, Plaintiffattempts to allege a gender discrimination clairn

against FDC. (Spg Cornplaint, 1l1l 39-48). Plaintiff brought a gender discrimination claim under the

FCRA, which provides that it is unlawful for an employer to "discharge . . , any individual, or

otherwise to discriminate against anyindividual with respectto compensation, terms, conditions, or

privileges of employment, because of such individual's , . . sex." $ 760.10(1)(a), Fla. Stat. Under

Florida Law "[t]here are two different avenues upon which a plaintiff may allege intentional

discrimination: (1) disparate treatment; and (2) pattern or practice discrimination." City o{Miami

v. Hervis. 65 So. 3d 1 1 10, 1 1 16 (Fla. 3rd DCA 201 i). These theories of gender discrimination must

be plead individually, as they are separate and distinct allegations, Hauis v. Radioshack Corp, ,2002

WL 1907569, at *2 (S.D, Fla. May 23,2002)(holding "If Plaintiff desires to assert discrirnination

claims under various theories, these claims must be asserted in separate counts . . ..").

Presently, Plaintiff has alleged both theories of discrimination within a single count of the

Complaint. In Count Three, Plaintiff alleges that "Defendant knowingly condoned and ratified the

differential h'eatment of Plaintifl" which raises a disparate treatment allegation, (See Complaint, !f

43). In the very next palagraph, Plaintiff raises a 'pattern or practice claim' by alleging that

Defendant FDC "perpetuated and faciiitated an abusive and offensive work environment'" (See

Complaint,ti44), This combinationofmultipletheories ofgenderdiscrimination leaves CountThree

insufficient to support a prima facie case of discrimination, therefore dismissal is proper. Ratliff v.

State,666 So.2d 1008, 1013 (Fla, lstDCA), approved,679 So.2d 1183 (Fla, 1996)(citations

omittecl)(holding that the failule to establish a prima facie case of disclimination ends the inquiry)'

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Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 109 of 174
The separate theories of legal liability combined within Count Tluee of Plaintiff s Complaint

cany differeril burdens, give rise to different defenses, and require separate and distinct prima facie

elernents, Since Defbndant FDC cannot reasonably discern which acts have given rise to Plaintiff s

alleged gender dissrimination and cannot ascertain which theory of discrimination Plaintiff alleges

she was subjected to, Defendant FDC is unable to prepare a defense; therefore, this Motion is due

to be granted.

4, Plairrtiff s Count X'our against f,'DCS"h_quld-Ee.Dismissed as Plaintiff Improperly

Failed to Allege a Theory of Retaliation Giving Rise toThi.p-elaim.

To state a prima facie case of discrimination under the FCRA and overcorne a motion to

dismiss for failure to state a cause of action, "the compiaint must include sufficient facts to allege:

(1) the plaintiff engaged in a protected activity (i.e. a protected disclosure); (2) the plaintiff suffered

an adverse empioyment action; and (3) the two events are not wholly u:related." Shaw v. Towu-o-f

Lake Clarke Shores, 174 So,3d 444,445446 (Fla. 4th DCA 2015),

Under the FCRA, there are two different theories of retaiiation: opposition claims and

participation claims. Florida Statute $ 760.10 provides:

It is an unlawful employment practice for an employer, an

employment agency, aj oint labor-management committee, or a labor

organizilion to discriminate against anyperson because that person

has opposed any practice which is an rinlawfui employment practice

under this section, or because that person has made a charge,

testifi ed, assisted, or p ar ti c ip at e d in any manner in an investi gation,

proceeding, or hearing under this section.

Fla. Stat,g 76AJ0 (emphasis added), The opposition clause prohibits "an employer from

discriminating 'against any person because that person has opposed any practice which is an

unlawfirl employrnent practice under' the FCRA." Arrpl.d v. Heartland Dental. LLC, 101 F. Supp.

3d 1220 (M.D. Fla. 2015), The FCRA's participation clause "protects proceedings and activities

10

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 110 of 174
which occur in conjunction with or after the filing of a formal charge with the IFCHR]." Cartelv'

Health Mgmt. Assocs., 989 So. 2d 1258,1264 (Fla.2nd DCA 2008). A seminal difference between

these two clauses is the timing of when a founal cornplaint is filed. An opposition claim generally

protects "disclosures made in a "written and signed complaint" upon the employee's own initiative,"

whereas a participation claim applies to "disclosures made when the employee is 'requested to

participate in an investigation, hearing, or other inquiry conducted by any agency or federal

government entity."' Shaw v, Town of Lake ClA.'ke..$.h.ores, 174 So. 3d 444, 446 (Fla' 4th DCA

20 1 5)(quoting Fla. Stat. 1 I 2.3 1 87).

Plesently, Plaintiff claims that she was subjected to "unlawful retaliation after Plaintiff

reported or opposed unlawful employment practices." (.See Complaint, fl 51). Plaintiffalleges that

she filed various reports with "Don Blocker, Health Services Administrator Johnson, HR Director

Brus, and DOC Warden Maddox," as well as with the FCHR and EEOC. (See Complaint, Ji 7-2q.

Plaintiff does not speci$ when the EEOC or FCHR reports were filed, if these repofts were

investigated, or whether the reports were filed druing her period of ernployment at the Northwest

Florida Reception Center. As a result, Defendant FDC has no way of knowing whether Plaintiff

alleges that these reports were grounds for the alleged retaliation. Plaintiffs failure to provide

specific dates in the Complaint makes it impossible for Defendant FDC to determine whether

Plaintiff is alleging an opposition claim or a participation claim under Florida Statute $ 760.10.

Since Defendant FDC cannot reasonably discern which acts have given rise to Plaintiffs

retaliation claim and cannot ascertain which theory ofretaliationPlaintiff alleges she was subjected

to, Defendant FDC is unable to prepare a defense; thelefore, this Motion is due to be granted'

11

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 111 of 174
B. PLAINTIFF HAS FILED THE INSTANT ACTION IN THE IMPROPER VENUE'

NECESSITATING DISMISSAL OF PLAINTIFN' S COMPLAINT.

when a plaintiff has selected an impropel venue, the defendant may seek dismissal or

transfer of the plaintifls complaint. $e"g Fta. R. civ. P. Rule 1.140(b). courts have recognized that

the following legal principles apply to venuo disputes:

The right to initially select venue belongs to the plaintlff. velez v' Mell D' Leonard

& Assoq$," Inc., :lg so.zd 896,8g7 (Fla, 2d DCA1976)' It is the defendant's burden

t" pf*a *alto"" that venue is improper' Id, That burden is not met where a

defendant files an unsworn motion and does not present affidavits or other sworn

proof in support of the motion. Davis v. Fla. Power Q-o-tp. ,492 So.2d 829,829-30

(Fla.2dDCAr9s6);Mage.qv.-L.rb.erlryMut'Ins,Co.,366So.2ds27(F|a.4thDCA

IgTg).Moreover, .i"G" triul cou* has broad discretion in dealing with matters of

venue, the party challeriging venue must provide a sufficient factual basis for the

exercise of thai discretion. Cr*oqn'e v, Abrams,448 So,2d 82, 83 (Fla' 4th DCA

1e84).

Loiaconi v, -G.Ulf.Stream Seafood.Inc., 830 So. 2d 908, 909-910 (Fla' 2d DC A2002)' Moreover' "[a]

motion by the defendant to dismiss or transfer on the ground of improper venue raises issues of fact

and must be resolved by an evidentiary hearing, unless the face of the complaint demonstrates venuo

is improper,,'Leatherwood v, cardserviqe InJ'l" Irrc', 885 So. 2d997,998 (Fla' 4th DCA 2004)'

Presently, it is clear that the face of Plaintiff s complaint demonstrates an impropel venue'

Generally, state agencies such as FDc enjoy a coflrmon law'home venue privilege,' which

provides that venue "properly lies in the county where the state, agency' or subdivision' maintains

its principal headquart

(Fla,Ig77).Meanwhile, Florida statute $ 763.28(1) provides that in actions againstthe state and its

subdivisions, venue is proper "in the county where the property in litigation is located or' if the

affected agency or subdivision has an offi,ce in such county for the transaction of its customary

business, where the cause of action accr.!red." Florida statute $ 768,28(l) (Emphasis added)'

Accordingly, in an action against a state agency, such as the case at bar''ovenue is proper either in

t2

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 112 of 174
the county where the state agency maintains its headquartets, or in the county were the cause of

action accrued, provided that the agency maintains 'an office in fthat] county for the transaction of

its customary business."'$tate. Deplt qf Transp...v. Jackson, 716 So' 2d841,842 (Fla' lst DCA

lggg) (quoting g 76g.2g(1), Fla. Stat. (1995)) (internal citations omitted). when a state agoncy

waives its common law venue privilege, propef venue lies in the county where the cause of action

accrued, ,,provided that the agency maintains 'an office in [that] county for the transaction of its

customary business."' State" Dep't ofTtansp', 7i6 So' 2d at842'

Here, FDC is waiving its privilege to be sued in Leon County-the county where it maintains

its headquarters*as it is FDC's position that Plaintiff s lawsuit should be brought in Washington

County, which is the county where Plaintiff s cause of action accrued. Put'suant to Plaintiffs

Compiaint, the misheatment she complains of occurred atNorthwestFloridaReception Center; the

allegedmistreatment occurredwhile Plaintiffwas employed atNorthwest FloridaReceptionCenter;

and the alleged mistreatment was perpetrated by other employees working at Northwest Florida

Reception center. (see complaint, t[ti 8-22).Northwest Florida Reception center is an FDC facility

located in Washington County, Florida. (See Exhibit "A,"Affidavit of Assistant Warden Hall,'lJ4)'

As a prison within the FDC system, Northwest Florida Reception Center qualifies as a facility

wherein FDC fl.ansacts its customary business, namely, the incarceration and supervision of inmates'

(see Exhibit uA,"Affidavit of Assistant waldenHall,lf 3). Defendant MHM Health Professionals

has been informed of such waiver and has no objection to atuansfer of venue to washington county'

Accordingly, Plaintif?s Complaint should be dismissed because venue in this case is proper in

Washington County pursuant to Section 768'28(1)'

In the alternative, FDC requests that the Court transfer this action to Washington Courfy'

Florida Statute 547 .l2zprovides: "For the convenience of the parties or witnesses or in the interest

13

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 113 of 174
ofjustice, any court of recor.d may transfer any civil action to any other corut of recotd in which it

might have been brought." For the reasons discussed above, Washington County is the proper venue

in this case, Moreover, transfeffingPlaintiff s case to Washington County would bemore convenient

for the parties and the witnesses in this case, Piaintifls allegations make it clear that Northwest

Florida Reception Celter-which is located in Washington County-is the epicenter of the acts and

omissions givingrise to plaintiff s claims. Inher Complaint, Plaintiff allegesthatshewas employed

at Northwest Florida Reception Center, and the majority of the witnesses she names in her

Complaint are or were employees at Northwest Florida Reception Center. (Spe Complaint, flt{8-22).

Likewise, Co-Defendant MHM Health Professionals is a contractor providing health services at

Northwest Florida Reception Center, and cloes not object to the transfer of venue to Washington

County, (See Complaint, ,ll 10). Conversely, Plaintiff s ciaims lack any connection to Leon County

other than the fact that FDC maintains its headquarters there. Accordingly, FDC requests that this

Court exercise its discretion and transfer this action to Washington County'

III. CONCLUS"ION

WHEREFORE, Defendant FDC respectfirlly requests that this Court grant Defendant's

Motion to Dismiss based on Plaintiff s failure to state a cause of action. Defendant FDC further

requests that this Court dismiss Plaintiff s Complaint based on improper venue, or in the alternative,

transfer Plaintiffls Complaint to Wasliington County'

14

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 114 of 174
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing has been provided to the following by

.L\

Florida Courts E-Filing Portal on this \ ' day of hu\o\v 2019:

Adam Ellis

Marie A. Mattox, PA

203 North Gadsden Sh'eet

Tallahassee, Florida 32301

adam@mattoxlaw.cPJrl

rnighellg2 @mattoxlaw. com

i er voni e t'E rnattoxl aw. com

Attorney for Plaintiff

Richard C. McCrea, Jr,

Catherine H, Molloy

Cayla M. Page

Greenberg Traurig, PA

101 E. Kennedy Bivd,, Suite 1900

Tampa, Flolida 33602

mccrear@g:tlaw,conl

mollovk@.etlaw.com

napec(d.ptlaw,com

Attorney for Defendants, MHM Health

Professionals, Inc. and MHM Health

Professionals, LLC

Nicole Palmer

Florida Bar No, 015554

WADE, PALMER & SHOEMAKER, P.A.

14 N. Palafox Street

P,O. Box 135i0

Pensacola, FL 32591-35 10

(8s0) 42e-07ss

Primary : npalmer@wpslawyers. con

Secondary: iboline@wp$lawyers.com

Secondary: q$clu'einer@wpslawyels'.gom

Attorney for Defendant, Florida Deparfment

of Corrections

15

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 115 of 174
IN THE CIRCUIT COURT OFTIIE SNCOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORTDA

vs.

CHRISTINA WORLEY

Plaintiff,

FLORIDA DBPARTMBNT OF CORRECTIONS,

MHM HEALTH PROFESSIONALS, INC, aTTd

MHM HEALTH PROFESSIONALS, LLC

Defendants,

CASENO.:2019 CA 000697

ArFrpAvIT_Or AqSTSTA-I\{.T WARDDN ERIC HALL

STATE OF FLORIDA

COLNTY OF ESCAMBIA

BEFORE ME, the undersigned authority duly authorized to take acknowledgments and

administer oaths, personally appeared ERIC HALL, who after being duly sworn and cautioned,

does depose and say under oath as follows:

l. My name is Eric Hall, and I am at ieast 2l years of age and have personal knowledge

of the matters set forth herein.

2, I arn the Assistant Warden at Northwest Florida Reception Center.

3. Northwest Florida Reception Centerisastatecorrectionalfacilityoperatedbythe

Florida Department of Corrections.

4. Northwest Florida Reception Center is located in Washington County, Florida.

Page 1 of 2

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 116 of 174
FURTHER AFFIANT SAYETH NAUGHT

ERIC HALL

STATE OF FLORIDA

COLINTY OF WASHINGTON

Before the undersigned authority, a Notary Public, in and for said State and County,

personally appeared ERIC IIALL, known to me and known to me to be the person described by

said name, who acknowledged to me that she executed the above and foregoing instrurnent for the

uses and purposes therein expressed. The affiant is known to the undersigned authority by the

following type of identi{ication (if known bypersonal knowledge, please speoify):

P,'-r'9o,,;t.r,.. \J* )w J-\ , andthe undersigned authority administered

I\'-)

an oath.

GIVEN under my hand and official s el As 2{* g

ffip;ifr,;i'#ffi';

0",r-, ' l- e*

2019

(Printname)

NOTARY PUBLIC

My Commission Expiros:

Page2of 2

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 117 of 174
Filing # 96791114 E-Filed 1010412019 04:3401 PM

IN THE CIRCTIIT COURT OF THE SECOND JUDICIAL CIRCTIIT

IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY

Plaintiff, CASENO.:2019 CA 000697

FLORIDA DEPARTMENT OF CORRECTIONS,

MI{M HEALTH PROFESSIONALS, INC. and

MHM HEALTH PROFESSIONALS, LLC

Defendants.

pEl'ENpANT! FLOIUIIA DSPABTM. EIU' OF' CORRECTIONS', MOTION FOR

ENLARGDMENT OF TIME TO RESPOND TO PLAIN-TIFF'S DISCOVERY

COMES NOW, Defendant, FLORIDA DEPARTMENT OF CORRECTIONS, by and

through the undersigned counsel, hereby files this Motion for Enlargement of Time to Respond to

Plaintiff s Discovety (the "Motion"), and in support thereof, states as follows:

1, C)n or about.Tune 21,2019, Defendant was served with Plaintiffrs First Set of

Inten'ogatories and First Request for Production of Documents (the "l)iscovery").

2. Defendant's response to the Discovery is due on or aboul October 18, 2019.

3. Crurently, Defendant has filed a Motion to Dismiss. This issue should be resolved

prior to Defendant responding to discovery,

4. This Motion is brought in good faith and not ior the purposes of delay.

5, This enlargement of time will not prejudice Plaintiff'

6. Accordingly, the undersigned respecffully lecluests this Flonorable Court for

additional time, pulsuant to Florida Rule of Civil Procedure 1.090, within which to plovide

VS.

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 118 of 174
t'esponses to Plaintiffs discovery requests.

WHEREFORE, Defendant respectfully requests this Honorable Court enter an Ordet(a)

providilg ap enlargement of tinre in which to respond to Plaintiff s f)iscovety, and (b) granting such

othel and further relief as this Court deems just and proper.

CERTIFICATE OF SERYICE"

I HEREBY CER'IIFY that a copy of the foregoing has been provided to the following by

Flolida Courts E-Filing Portai on this day of ohhsr 20r9

Adarn Ellis

Marie A, Matlox, PA

203 North Gadsden Street

Tallahassee, Florida 32301

adam@mattoxlaw.com

mi chellp? @.r-nattox I aw, s o m

iervonie@mattoxl aw.com

Attorney for Plaintiff

Richard C. McCrea, .Ir,

Catherine H. Molloy

Cayla M, Page

Greenberg Traurig, PA

101 E, I(emedy Blvd., Suite 1900

Tampa, Florida 33602

mccrear(dstlaw.com

moll0vk(Ectlaw.com

pagec@etlaw.com

Att orney .for D efendants, MI{M He alth

Professionals, Inc. and MHM Health

Professionals, LLC

Brooke A. DiSalvo

Florida Bal No.:' 1017788

WADE, PALMER & SHOEMAI(ER, P.A.

14 North Palafox Street

P.O. Box 13510

Pensacola, FL 32591-351 0

(850) 42e-07ss

Primary : npalmer@wpslawyers. co*tn

S econdary: bdisalvo@wpslawySts.cqm

Secondary ; jbolins@wpslawyers.com

Secondzu'y: cschreiner@wpslawyels,com

Attorneyfor Defendant, Florida Department of

Corrections

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 119 of 174
Filing # 96877046 E-Filed 1010712019 05:38:56 PM

IN THB CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT,

IN AND FOR LEON COUNTY' FLORIDA

CHRISTINA WORLEY,

Plaintiff,

CASB NO.: 2019-CA-697

FLORIDA DEPARTMENT OF CORRECTIONS'

MHM HEALTH PROFESSIONALS, INC., and

MHM HEALTH PROFESSIONALS' LLC,

Defendants.

v

SO ONTOD NDANT ,S MOTION FOR

F'

COMES NOW, Plaintiff, by and through the undersigned attorney, and objects to

Defendants' Motion for Enlargement of Time to Respond to Discovery, and states the

following in response:

L Defendant requested a discovery extension from Plaintiff on September 17,

2019, and plaintiff obliged. Defendants filed their second Motion to Dismiss October 1,

2019, and a Motion for Enlargement of Time to Respond to Discovery October 4,2019.

Defendant now seeks an unspecified discovery extension from the Court, without first

conferring with Plaintiff. Plaintiff threatened a motion to compel against Defendant due to

Defendant's failure to answer Plaintiffls eighth interrogatory October 4,2079, and Defendant

replied with the instant request for an unspecified discovery extension.

2. Defendants argue that discovery in this case should be stayedl pending the

resolution of the Motion to Dismiss which was filed October 1,2019, well after Plaintiff filed

her discovery requests in question. Defendants are essentially requesting a discovery stay

pending the resolution of their own motion, and Defendants' request should be denied

because the Motion to Dismiss is without merit, as discussed below.

l Defendants' proposed stay is evidently without limitation; no date is specified in the motion, and

Defendants have yet to set their motion for a hearing.

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 120 of 174
3. Defendants first allege that Plaintiff did not sufficiently allege compliance

with conditions precedent to filing suit. Paragraph 7 of Plaintiff s First An"rended Complaint

reads as follows: "Plaintiff has satisfied all conditions precedent to bringing this action in

that plaintiff filed a charge of discrimination with the Florida Cornmission on Human

Relations and with the EEOC. This action is timely filed thereafter." Plaintiff plainly and

sufficiently alleged compliance with all pre-suit requirements. None of the authority cited

in Defendants' motion requires Plaintiff to allege when the notice was presented, how the

notice was presented, or the status of the claims with the agency as suggested in Defendants'

motion because no such requirements in fact exist -Plaintiffs allegation of pre-suit

compliance is straightforward and legally sufficient. Defendants' attempt to require more

than what is required under the law should be disregarded. Interestingly, Defendants do not

allege that plaintiff s pre-suit filings are actually deficient -Defendants only argue that

plaintiff did not provide sufficient detail in the complaint regarding these filings.

4. Defendants also argue that it "is impossible to determine from Plaintiff s

allegations as to (sic) when she filed her charge with the EEoc and FCHR, whether she

received a cause determination from FCHR, or alternatively, whether she properly waited

for the 180-day investigative period to elapse, as required by statute." This argument is

disingenuous because, as stated above, Defendants are attempting to add pleading

requirements that do not exist. Defendants are also well aware of Plaintiff s pre-suit filings

-Katie Molloy, whose name appears in the signature block of Defendants' Motion to

Dismiss, submitted a nine page position statement plus attachments to the EEOC on April 6,

201g in response to Plaintiff s charge of discrimination. Defendants are well aware that there

are no administrative defects in Plaintiff s complaint, and are now attempting to manufacture

a pleading defect where there is none.

5. Defendants argue that Plaintiff improperly commingled multiple allegations

of gender discrimination within Count III. Plaintiff pleads disparate treatment and pattern

and practice involving gender in the alternative as she is entitled to do under the rules within

Count IIL Defendants' allegation that "these theories of gender discrimination must be plead

individually, as they are separate and distinct allegations" is wholly unsupported in Harris v'

Radioshack, 01-5093-CIV-LENARD,2OO2 WL 1907569 (S.D. Fla. May 23,2002) which

Defendants cite. A quick read of Haruis reveals that the case has nothing to do with gender

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 121 of 174
claims. In Haryis an attempt was made to combine wholly unrelated claims into the same

counts:

In Count I, Plaintiff raises claims of racial discrimination under Title VII,

including claims of harassment, disparate treatment, hostile work

environment, demotion and constructive discharge. In Count II, Plaintiff

alleges violations of 42 U.S.C. $ 1981 on grounds that Defendant

disciiminated against Plaintiff because of his race and national origin,

employed a pretextual basis for demoting and discharging Plaintiff, and

engaged in disparate treatment. Id.

Harris is clearly inapplicable in the case at bar.

6. Defendants next argue that Plaintiff failed to allege a theory of retaliation

giving rise to this claim because opposition I participation is not specified, and dates are not

provided. This is yet another example of Defendants attempting to add pleading

requirements which are not required under law. None of the authority cited by Defendants

suggests that such a heightened pleading is required. There is nothing to prevent Plaintiff

from proceeding under both retaliation and opposition clauses. None of Defendants' cited

authority states that Plaintiff must provide dates in the complaint. Notwithstanding, what is

provided in the complaint is that Plaintiff made a written report regarding lack of proper

medical equipment to accommodate a complex patient July 3, 2017. Plaintiff then attended

a meeting with Warden Mattox regarding her reporl on November 14,2017. Plaintiff filed

another written report November 76,2017, had a second meeting with Warden Mattox

regarding her reports December 26, 2017, and PlaintifPs employment was terminated

December 29,2017. Plaintiffls theory of retaliation is plain on its face; she spoke up about

serious inmate safety issues, and her employment was terminated as a result.

7. Defendants' final argument in the motion to dismiss is an allegation that

venue is proper in Washington County, and not in Leon County. Given Defendant's waivel

of the privilege to be sued its home county, Plaintiff agrees. Counsel for Plaintiff has already

communicated to Defendants the belief that a transfer of venue is proper given the

circumstances. Plaintiff does not, however, consent to a stay of discovery, and as long as

this case is pending in this court, Defendants should adhere to the discovery deadlines

2This waiver was not made known to Plaintiff until October 1,2019 when the currently-pending

Motion to Dismiss was filed, nearly two months after counsel for Defendant entered a notice of

appearance.

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 122 of 174
provided for in the rules.

g. Finally, Defendants allege "this enlargement of time will not prejudice

Plaintiff in conclusory fashion in paragraph five of their currently-pending Motion for

Enlargement of Time to Respond to Discovery. This is simply not true. The acts giving rise

to this lawsuit occurred in 2017. Memories do not improve over time. It is imperative to

move this litigation forward quickly to avoid irreparable prejudice to Plaintiff'

CERTIFICATE OF SERVICE

I HEREBy CERTIFY that a copy of the foregoing Objection has been furnished to

all counsel of record via the e-filing portalthis 7th day of Octobet,2019'

Respectfully submitted,

Adam Ellis;FBN 35628

MAzuE A. MATTOX, P. A.

203 North Gadsden Street

Tallahassee, FL 32301

Telephone: (850)383-4800

Facsimile: (850) 383-4801

adam(d.mattoxlaw.com

ATTORNEYS FOR PLAINTIFF

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 123 of 174
Filing # 96906968 E-Filed 10/0812019 11:42:15 AM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT,

IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff;

CASE NO.: 2019-CA-697

FLORIDA DEPARTMENT OF CORRECTIONS,

MHM HEALTH PROFESSIONALS, INC., and

MHM HEALTH PROFESSIONALS, LLC,

Defendants.

PLAINTIFF'S SECOND INTERROGATORIES TO DEFENDANT

Plaintiff demands that Defendant respond to the interrogatories appended hereto as

Attachment "A" on or before November 8. 2019.

v

Page I of3

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 124 of 174
ATTACHMENT "A''

Plaintiff s First Interrogatories to Defendant

2.

CHRISTINA WORLEY V. FLORIDA DBPARTMENT OF CORRECTIONS

MHM HEALTH PROFESSIONALS' INC., and

MHM HEALTH PROFESSIONALS' LLC,

2019-cA-697

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

provided information and answers, specify 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 infonnation provided by others. Clearly speci$'

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 wl,o Defendant claims Plaintiff threatened with

vioience. For each person listed, specify the precise language Plaintiff allegedly used, the

full names of any witnesses who allegedly heard the threat, and the date the threat was

allegedly made.

STATE OF FLORIDA,

COTINTY OF LEON

The foregoing was acknowledged before me by

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

2019

Notary Public, State of Florida

Printed Name:

Commission Expiration Date :-

whois[]

Page 2 of 3

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 125 of 174
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 8tl'day of October,2019'

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 3 of3

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 126 of 174
Filing #97421754 E-Filed 1011712019 09:48:49 AM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL

CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

Case No. 2019-CA-000697

FLORIDA DEPARTMENT OF CORRECTIONS

MHM HEALTH PROFESSIONALS, lNG., and

MHM HEALTH PROFESSIONALS, LLC,

Defendants.

AMENDED NOTICE OF TAKING DEPOSITION OF PLAINTIFF

PLEASE TAKE NOTICE that Defendant, MHM Health Professionals, LLC f/k/aMHM

Health Professionals, Inc., will take the deposition of Plaintiff as follows:

The deposition is by oral examination and will continue from day to day until completed, before a

member of Magna Legal Services, Inc., who is a certified court reporter and notary public, and

who is not of counsel to the parties or interested in the events of the cause. The deposition is being

taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted

under the rules of Court.

v

Greenberg Traurig, LLP

101 E. College Avenue

Tallahassee, FL 32301

(8s0) 222-68er

Christina Worley January 15,2020 at

9:00 a.m.

ACTIVE 46061697v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 127 of 174
Dated: October 17,2019 /s/Catherin e 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

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

(813) 318-5700 - TelePhone

(813) 318-5900 - Facsimile

Attorneys for Defendant MHM Health

Professionals, LLC

CERTIFICATE OFS RVICE

I HEREBY CERTIFY that on October 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:

Adam Ellis, Esq.

Marie A. Mattox, P,A.

203 North Gadsden Street

Tallahassee, Florida 32301

adam@mattoxlaw.com

iervo n ie@ m attoxl aw. com

m ichelle2@mattoxlaw. com

/s/Catherine H Mollov

Attorney

ACTIVE 46061697v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 128 of 174
Filing # 91472950 E-Filed 1011112019 04:35:28 PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COTINTY, FLORIDA

CHzuSTINA WORLEY

Plaintiff, CASE NO,: 2019 CA 000697

FLORIDA DEPARTMENT OF CORRECTIONS,

MHM HEALTH PROFESSIONALS, INC. and

MHM HEALTH PROFESSIONALS, LLC

Defendants

e3.oss NoTrc__E "oE TAKING pAPOSITION

PLEASD TAKD NOTICE that the attorney for Defendant FLORIDA DEPARTMENT OF

CORRECTIONS will take the deposition of the following upcn oral examination before Magna

Legal Services, Inc, at the location desuibed below, The deposition is being taken for the purpose

of discovery andlor use at trial.

DATE: January 15,2019

TIME: 8:00 a.m. CST / 9:00 a.m. EST

DEPONENT: Christina Worley

LOCATION: Greenberg Traurig, LLP

101 E. College Ave.

Tallahassee, F lorida 32301

Persons with a disability who need special accommodations musf notify the

undersigned within two days of the proceedingwhich is the subject of this notice

to assure that reasonable accommodations are available.

vs

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 129 of 174
CERTIF'ICATE Otr SERVICN

I HEREBY CERTIFY that a copy of the foregoing has been provided to the following by

Florida Courts E-Filing Portal on this -S'day of f)t -u'o.n 201 8:

Adam Ellis

Marie A. Mattox, PA

203 North Gadsden Sheet

Tallahassee, Florida 323 01,

adam@mattoxlaw.com

m ichelle2Omattoxlaw. com

i ervonie@mattoxlaw. com

Attorneyfor Plaintiff

Richard C, McCrea,.Ir.

Catherine H. Molloy

Cayla M. Page

Greenbetg Traurig, PA

101 E. Kennedy Blvd., Suite 1900

Tampa, Florida 33602

mccrea{d.ptlaw.com

mollovk(Estlaw.com

oas.ec(A.sllaw.com

Attorney for Defendants, MHM Health

Professionals, Inc. and MHM Health

Professionals, LLC

E,N

Florida Bar No. 015554

WADE, PALMER & SHOEMAKER, P.A.

14 North Palafox Street

P.O. Box 13510

Pensacola, FL 32591-35 I 0

(850) 429-0755 phone

(850) 429-0871 fax

Primarv: noalmer(Ewnslawvers.com

Secondarv: cschreiner@wpslawvers,com

Secondarv: ibolinq@.wpslawvers.com

Attorney for Defendant, Florida Department of

Corrections

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 130 of 174
Filing # 97528610 E-Filed 1011812019 02:49:26 PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY

Plaintiff, CASE NO.: 2019 CA 000697

FLOzuDA DEPARTMENT OF CORRECTIONS,

MHM IIEALTH PROFESSiONALS, INC. and

MHM HEALTH PROFESSIONAIS, LLC

Defendants

v.s.

NgT,[gp QF"SnRYIqS OApEx'nNpANr. TLORIpA pEPARTMENT or

CORRECTIONS' ANSWERS TO PLAINTIF'F'S FIRST INTERROGATORIES

NOTICE IS HEREBY given that Defendant, FLORIDA DEPARTMENT OF

CORRECTIONS (Herein 'FDC'), has served upon Plaintifl CHRISTINA WORIEY, its Answers

to Plaintiff s First Intenogatories to Defendant numbered I through 8.

CERTIT'ICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing has been provided to the following by

Florida Courts E-Filing Portal onthis \t\OuV of October, 2019:

Adam Eilis

Marie A. Mattox, PA

203 Norlh Gadsden Street

Tallahassee, Florida 32301

adam@{nattoxlaw.com

michelle2 @mattoxl aw. co m

j ervonie@mattoxlaw. com

Attorneyfor Plaintiff

Richard C. McCrea, Jr.

Catherine H. Molloy

CaylaM. Page

Cr'reenberg Trauri g, PA

101 E, KennedyBlvd., Suite 1900

Tampa, Florida 33602

mccrear@etlaw.com

mollovlc(Estlaw.com

.com

Attorney.for Defendants, MHM Health

Professionals, Inc. and MHM Health

Professionals, LLC

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 131 of 174
E, Nicole Palmer

Florida Bal No. 015554

WADE, PALMER & SHOEMAKER, P.A'

'14 N. Palafox Street

P.O. Box 13510

Pensacola, FL 3259i -3510

(8so) 429-075s

Primary: npalmer@.wpslawyers'com

Secondary: jboling@xpslawyers.gqm

Secondary: csclu'einer@.wpslawyers.com

Attorney for Defendant, Florida Department

of Cowections

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 132 of 174
Filing # 97528610 E-Filed 1011812019 02:49-26 PM

IN HE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORIDA

CHzuSTINA WORLEY

Plaintiffl CASENO.: 2019 CA000697

FLORIDA DEPARTMENT OF CORRECTIONS,

MHM HEALTH PROFESSIONALS,INC. and

MHM HEAITH PROFESSIONALS, LLC

Defendants.

NOTTCE O[' SERVI CE OF DEFENDANT, Flr_O RID_ _4..D_SP4RTMENT Or'

CORRECTIONS' ANSWERS TO PLAINTIX'X''S SECOND INTERROGATORIES

NOTICE IS HEREBY given that Defendants, FLORIDA DEPARTMENT OF

CORRECTIONS (Herein 'FDC'), has served upon Plaintiffl CHRISTINA WORLEY, its Answers

to Plaintiff s Second lnterrogatories to Defendants.

CERTIFICATE OE SERYTCE

I HEREBY CERTIFY that a copy of the foregoing has been provided to the foliowing by

Florida Courts E-Fililg Portal on this -Sltauy of October, 2019:

vs.

Adam Ellis

Marie A. Mattox, PA

203 North Gadsden Street

Tallahassee, Florida 32301

adam@mattoxlaW.gom

michgllg2@,.mattox1aw.com

j ervonie@mattoxlaw. coni

Attorneyfor Plaintiff

Richard C. McCrea, Jr.

Catherine H. Molloy

CayIaM. Page

Greenberg Traurig, PA

101 E. Kennedy Blvd., Suite 1900

Tampa, Florida 33602

mccrear'@gtlaw.com

mollovk(Estlaw.com

paqeg@gtlaw.com

Attorney for Defendants, MHM Health

Professionals, Inc. and MHM Health

Professionals, LLC

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 133 of 174
E. Nicole Palmer

Flolida Bar No. 0i5554

WADE, PALMER & SHOEMAKER, P.A.

14 N. Palafox Street

P.O. Box 13510

Pensacola, FL 32591-351 0

(8s0) 429-0755

Primary : npalmgr@,wps1awyers. som

Secondary: jboling@wpslawyers.com

Secondary: cschreinef@wps"1awyers.9om

Attorney for Defendant, Florida Department

of Corrections

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 134 of 174
Filing # 97528610 E-Filed l0l18/2019 02:49:26PM

IN TIIE CIRCUIT COURT OF'THE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY

Plaintiff, CASENO.: 2019 CA 000697

FLORIDA DEPARTMENT OF CORRECTIONS,

MHM HEALTH PROFESSIONALS, INC. and

MHM HEALTH PROFESSIONALS, LLC

Defendants

D LE_ENDANT. r'L ORIDA DEPARTME" .N'T. _O[ C ORRE C TI O NS' RE SPON SH TO

PLAINTIFI':S.FIRST REOUEST F OR PRODUCTTON

COMES NOW, Defendant, FLORIDA DEPARTMENT OF CORRECTIONS (t{erein

'FDC'), by and tJuough its undersigned counsel, and responds to Plaintiff s First Request for

Production served with the complaint as follows:

1, The entire personnel, tenure, promotion, disciplinary, attendance and leave, time, time

cards, investigative, grievance and payroll files pertaining to Plaintiff.

RESPONSE: Plaintiff was not an employee of Defendant FDC, therefore FDC

has no internal personnel file or documents requested above. Any

and all documents in the possession of Defendant FDC relating

to this matter are attached to this response.

2, All of Plainti{fs time and attendance records for Plaintiffs entire employment with

Defendant.

RES.HONSE: Plaintiff was not an employee of Defendant FDC, but was

employed by a contractor of FDC. FDC has no internal personnel

file or documents relating to the above request. Any and all nonprivileged documents in the possession of Defendanf FDC

relating to this matter are attached to this response.

VS

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 135 of 174
3. All schedules that show the daily and weekly hours that Plaintiff worked for

Defendant duling Plaintiffs employment with Defendant.

RESPONSE: Plaintiff was not an employee of Defendant FDC, but was

employed by a contractorof FDC. FDC has no internal personnel

file or documents relating to the above request. Any and all nonprivileged documents in the possession of Defendant FDC

relating to this matter are attached to this response.

4. Any andail documentspertainingto anyreference providedbyDefendantto anythird

party about Plaintiff after Plaintiffs employment with Defendant ended.

RESPQN$E: Plaintiff was not an employee of Defendant FDC, but was

employed by a contractor of FDC. FDC has no internal personnel

file or documents relating to the above request. Any and all nonprivileged tlocuments in the possession of Defendant FDC

relating to this matter are attached to this response.

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.

RESPONSE: Defendant FDC has no internal documents relating to the above

request, Any and all non-privileged documents in the possession

of Defendant FDC relating to this matter are attached to this

response.

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

course of Plaintiffs employment with Defendant, These documents should be produced in their

original, unredacted form with sufficient information for Plaintiffto identiff the complaining party.

Plaintiff was not an employee of Defendant FDC, but was

employed by a contractor of FDC. FDC has no internal personnel

file or docunents relating to the above request. Any and all nonprivileged documents in the possession of Defendant FDC

relating to this matfer are attached to this response.

RESPONSE:

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 136 of 174
7. All policies and procedures applicable to Plaintiffs employment with Defendant,

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

RESPONSE: Plaintiff was not an employee of Defendant trDC' but was

employed by a contractor of FDC. FDC has no internal personnel

file or documents relating to the above request. Any and all nonprivileged documents in the possession of Defendant FDC

relating to this matter are attached to this response.

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

of Plaintiffs employment with Defendant.

RESPONSE: Plaintiff was not an employee of Defendant FDC' but was

employed by a contractor of FDC. FDC has no internal personnel

file or documents relating to the above request. Any and all nonprivileged documents in the possession of Defendant FDC

relating to this matter are attached to this response.

9. Eachandeverydocument describing disciplinary actions taken by Defendant against

Plaintiff during the entire course of Plaintiffs employment with Defendant,

RESPONSE: Plaintiff was not an employee of Defendant X'DC, but was

employed by a contractor of FDC. FDC has no internal personnel

file or documents relating to the above request, Any and all nonprivileged documents in the possession of Defendant FDC

relating to this matter are attached to this response.

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

former position within Defendant.

RESPONSE: Plaintiff was not an employee of Defendant FDCr but was

employed by a contractor of FDC. FDC has no internal personnel

file or documents relating to the above request. Any and all nonprivileged documents in the possession of Defendant f,'DC

relating to this matter are attached to this response.

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 137 of 174
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 rcquest under the same supervisor(s) as Plaintiff.

EEs_PoNsE: Plaintiff was not an employee of Defendant FDC' but was

employed by a contractor of FDC. FDC has no internal personnel

file or documents relating to the above request. Any and all nonprivileged documents in the possession of Defendant FDC

relating to this matter are attached to this response'

12, Any and all email within Defendant's possession or control whereinPlaintiff s name

is specifically referenced inthe subject orbody. This request is not seeking any and all email which

was merely sent from or received by Plaintiffs former email account.

RtrSPONSE: FDC has no emails with PlaintifPs name specifically referenced

in the subject or body. Any and all non-privileged documents in

the possession of Defendant FDC relating to this matter are

attached to this response.

13. Anyand.all documents Defendantreceivedthroughapublicrecordsrequest, Freedom

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

RESPONSE: Defendant FDC has no internal personnel file or doeuments

relating to the above request. Any and all non-privileged

documents in the possession of Defendant FDC relating to this

matter are attached to this response.

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

Commission on Human Relations or EEOC pertaining to Plaintiff.

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 138 of 174
RDSPONSE:. Any and all non-privileged documents in the possession of

Defendant FDC relating to this matter are attached to this

r€sponse.

15. Any and all documents Defendant has received tluough any third-parfy subpoena

issued in this case

RESPONSE: Defendant FDC has not issued any third-party subpoenas in this

case. Any and all documents in the possession of Defendant FDC

relating to this matter are attached to this response.

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

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

defense to said claims.

RSSPONSE: Any and all documents in the possession of Defendant X'DC

relating to this matter are attached to this response.

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

from the Florida Department of Labor, the Florida Commission of Human Relations, or any other

federalo state, orlocal agencyrelatingto Defendant's employmentofPlaintiff, orto anyclaims made

by Plaintiff against Defendant.

RESPONSE: Any and all documents in the possession of Defendant FDC

relating to this matter are attached to this responss.

18. Any and all documents referring or relating to the subject matter ofthis action which

have been furnished to or received by Defendant's attomeys in connection with their defense ofthis

action, except documents protected by a recognized privilege of non-production.

Defendant FDC objects to the above request, as documents are

protected by attorney-client privilege and work product doctrine.

Without waiving said objections, any and all non-privileged

documents in the possession of Defendant FDC relating to this

matter are attached to this response.

RSSPONSE:

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 139 of 174
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, confetences, grievance hearings, and union grievances.

RES_BQN$EI Any and all documents in the possession of Defendant FDC

relating to this matter are attached to this response,

20. Any and all documents supporling any disciplinary action against Plaintiff dwing the

entire course of Plaintiffs employment with Defendant.

RESPONSE: Plaintiff was not employed with Defendant FDC. Any and all

non-privileged documents in the possession of Defendant FDC

relating to this matfer are attached to this response.

2l. Anyandalldocumentsshowingthebasisorreasonforanydisciplinaryactionagainsl

Plaintiff during the entire course of Plaintiffs employment with Defendant.

RESPONSE: Plaintiff was not employed with Defendant FDC. Any and all

non-privileged documents in the possession of Defendant F'DC

relating to this matter are attached to this response.

22. Any and all non-privileged documents which Defendanthas 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.

RE_SPONSE_..-I Any and all non-privileged documents in the possession of

Defendant FDC relating to this matter are attached to this

response.

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.

RESPONSE: Undetermined at this time. As discovery is ongoing, Defendant

X'DC reserves the right to amend this response.

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 140 of 174
24, Any and all non-privileged statements obtained by you or your attorneys, either

recorded or written, at the tirne of or subsequent to the incidents alleged in the complaint filed herein.

RESPONSE: Defendant FDC objects to the above request, as documents are

protected by attorney-client privilege and workproduct doctrine.

Without waiving said objections, any and all non-privileged

documents in the possession of Defendant FDC relating to this

matter are attached to this respons€,

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

entire course of Plaintiffs employment with Defendant.

RESPONSE: Plaintiff was not omployed with Defendant FDC. Any and all

non-privileged documents in the possession of Defendant X'DC

relating to this matter are attached to this response.

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

Plaintiff s pelfotmance during Plaintiff s employment with Defendant.

RESPoNSE: Plaintiff was not employed with Defendant FDC. Any and all

non-privileged documents in the possession of Defendant f,'DC

relating to this matter are attached to this response.

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

Plaintiff has had about Plaintifi or Plaintiffs work pefformance, during the entire course of

Plaintiff s employment with Defendant.

RESPONSE: Plaintiff was not employed with Defendant FDC. Any and all

non-privileged documents in the possession of Defendant X'DC

relating to this matter are attached to this response.

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

conclusion that Plaintiff was not properly performing Plaintiffs job duties with Defendant at aqy

time during Plaintiffs employment with Defendant.

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 141 of 174
RESPoNSE-i Plaintiff was not employed with Defendant FDC. Any and all

non-privileged documents in the possession of Defendant FDC

relating to this matter are atfached to this respons€.

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,

RESPONSEi None at this time.

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'

RESPON$-E.i Defendant FDC is not in possession of any documents requested

above. As discovery is ongoingo Defendant f,'DC reserves the right

to amend this response.

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

Defendant's affi rmative defenses.

R"ESPON$E: Not applicable as Defendant has filed a Motion to Dismiss.

32. Any and all policies and procedures which Defendant claims Plaintiff violate d at any

time during the entire course of Plaintiffs employment with Defendant.

RESPONSE: Plaintiff was not employed with Defendant FDC. Any and all

non-privileged documenfs in the possession of Defendant FDC

relating to this matter are attached to this response.

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

Employment Opportunitypolicyorprocedure applicable to Plaintiffs employmentwithDefendant.

Plaintiff was not enployed with Defendant FDC. Any and all

non-privileged documents in the possession of Defendant X'DC

relating to this matter are attached to this response.

RESPONSE:

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 142 of 174
34 All non-privileged documents in any file kept or maintained by Defendant which

specifically mention Plaintiff s name.

RESPONSE: Plaintiff was not an employee of Defendant FDC, therefore FDC

has no internalpersonnel file or documents requested above. Any

and all documents in the possession of Defendant FDC relating

to this matter are attached to this response.

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

discipline Plaintiff at any time during the entire course of Plaintiffs enployment with Defendant'

RESPONSE: Plaintiff was not employed with Defendant FDC. Any and all

non-privileged documents in the possession of Defendant FDC

relating to this matter are attached to this response.

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

privilege of non-production or for any other reason (this list should identi$/ 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 ofthe 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'

RESPONSE: Not applicable

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 143 of 174
CERTIFICATE OF SERWCE

I HEREBY CERTIFY that a copy of the foregoing has been provided to the following by

Florida Courts E-Filing Porlal on this \SOu, of October, 2019:

Adam Ellis

Marie A. Mattox, PA

203 North Gadsden Steet

Tallahassee, Florida 32301

adam@mattoxla.!y.pom

michelle? (d.mattoxlaw. co m

i ervonie@mattoxlaw.com

Attorneyfor Plaintiff

Richard C. McCrea, Jr.

Catherine H. Molloy

Cayla M. Page

Greenberg Traurig, PA

101 E. Kennedy Blvd,, Suite 1900

Tampa, Florida 33642

mcqear(d.stlaw.com

molloyk@.gtlaw.com

pagec@gtlaw.com

Attorney for Defendants, MHM Health

Professionals, Inc. and MHM Health

Professionals, LLC

Florida Bal No. 015554

V/ADE, PALMER & SHOEMAKER, P.A.

14 N, Palafox Stteet

P,O. Box 13510

Pensacola, FL 32591-35 10

(8s0) 429-o7ss

Primary: npalmer@wpsla.wy_ers.com

Secondary: jboling@.wpslawyers.co-m

Secondary: cschreiner@rn psl_awyets.com

Attorney for Defendant, Florida Department

of Corrections

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 144 of 174
Filing # 97562608 E-Filed 1012112019 08:03:03 AM

IN THE CIRCUIT COURT OF THB SECOND JUDICIAL CIRCUIT'

IN AND FOR LBON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

CASE NO.: 2019-CA-697

FLORIDA DEPARTMENT OF CORRECTIONS,

MHM HEALTH PROFESSIONALS, INC., and

MHM HEALTH PROFESSIONALS, LLC,

Defendants.

PLAINTIFF'S NOTICE OF TAKING DEPOSITIONS

TO Richard C. McCrea, Jr.

Catherine H. Molloy

Cayla M. Page

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

E. Nicole Palmer, Esq.

l4 North Palafox Street

PO Box 13510

Pensacola, FL 3259 1 -3 5 1 0

pLEASE TAKE NOTICE that the undersigned will take the depositions of the following

persons pursuant to Rule 1.310, Florida Rules of Civil Procedure, on February 6 and 7,2020

beginning at the times listed below before a notary public or person authorized by law to take

depositions in the State of Florida and/or the applicable state:

Februarv 6.2020

Deponent Time

v

Sarah Brus

Lisa Lynch

Victoria Love

LoriCook

9:00 a.m.

10:00 a.m.

11:00 a.m.

1:00 p.m.

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 145 of 174
BrandiBlocker 2:00 p.m.

Kathleen Douin 3:00 p.m.

Tara Johnson 4:00 p.rn.

Location: For the Record RePorting

1500 Mahan Drive, # 140

Tallahassee, FL 32308

Februarv 7.2020

Deponent Time

Dr. John Lay 9:00 a.m.

Lisa Barton 10:00 a.m.

Mikel Heard-Corbett 1 1:00 a.m.

David Maddox 1:00 p.m.

Mitchell Brown 2:00 p.m.

Rodney Tomlinson 3:00 p.m.

Location: For the Record RePorting

1500 Mahan Drive, # 140

Tallahassee' FL 32308

These depositions will be taken by oral examination before an officer duly authorizedby

law to take depositions, and are being taken for the purposes ofdiscovery, for use at trial, or both,

or for such other purposes as are permitted under the applicable and governing rules. You are

hereby notified that plaintifPs counsels will independently audio-record the depositions separate

and apart from the recording created by the couft repofter. These depositions will continue from

day to day until completed. These depositions will continue from day to day until completed.

In compliance with the Americans with Disabilities Act of 1990, you are hereby notified

that if you require special accommodations due to a disability, contact Marie A. Mattox no

later than seven (7) days prior to the date your appearance is required pursuant to this notice

to insure that reasonable accommodations are available.

PLEASE GOVERN YOURSELF ACCORDINGLY

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 146 of 174
Respectfully submitted,

/s/ Adam Ellis

Adam Ellis [FBN 356281

MAzuE A. MATTOX, P.A.

203 Nofth Gadsden Street

Tallahassee, Florida 32301

Primary Email : adam@mattoxlaw.com

Secondary Email : michelle@mattoxlaw.com

(850) 3 83-4800 (telephone)

(850) 383-4801 (facsimile)

ATTORNEYS FOR PLAINTIFF

CERTIFICA OF'SERVICE

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

email on October 21" 2019 to:

Richard C. McCrea, Jr.

Catherine H. Molloy

Cayla M. Page

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

E. Nicole Palmer, Esq.

14 North Palafox Street

PO Box 13510

Pensacola, FL 32591-35 10

s/ Adam Ellis

Adam Ellis

cc: For the Record

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 147 of 174
Filing # 9785737 6 E-Filed 1012512019 08:36:31 AM

IN THE CIRCUIT COURT OF TIIE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY

Plaintiff, CASE NO.:2019 CA 000697

FLORIDA DBPARTMENT OF CORRECTIONS,

MHM HEALTH PROFESSIONALS, INC. and

MHM HEALTH PROFESSIONALS, LLC

Defendants

THIS CAUSE HAVING come before the Court on Defendant, Florida Department of

Conections'MotiontoDismiss Plaintiff s Complaint, andthe Courthaving consideredtheMotion,

and being otherwise fully advised by the Parties, finds:

1. The parties stipulate to the transfer of venue in this matter. Defendant Florida

Department of Correotions' request to transfer this civil action, Case No.: 20i9-CA-000697, to the

Circuit Court in and for Washington County, pursuant to Rule 1.060 of the Fla. R. Civ. P. is

therefore GRANTED

2. Defendant, Florida Department of Corrections has waived its home venue privilege.

DONE AND ORDERED in Chambers, Tallahassee, Florida, this 4 ( day of October,

vs,

2019

Nicole Palmer

Adam Ellis

Catherine Molloy

cc:

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 148 of 174
TFIE HONORABLE,

Gwpnr MAR.SHALL

Clsru< oFTHE Cncutt Counr.lNn CoUPTRoLLER

Cr,r.:rrx <)r, COUfrS. COUN'tv Coittl'tTtc)t.t.F:tt. Auut'rort'Tltl,:,\SUltl'Jt' IUi(:ollDlilr

CIVIL CUSTOMER ASSISTANCE DIVISION

October 3.1, 2019

Washington County Clerk of Court and Comptroller

Attn Circuit Civil.

1293 Jackson Ave.

Chipley, FL32428

Re: Case# 2019 CA 000697 Christina Worley vs Dept. of Corrections

Dear Clerk:

In accordance with the order of this Court in the above-styled cause, enclosed is the

l* originai file or Vcopies of the file

along with a certified. copy of the order of transfer. There is no filing fee associated with

this case,

please sign below indicating receipt for tJ:e file and return a copy of the signed ietter to

this office,

Sincerely,

Gwen Marsha.ll, Clerk & Comptroller

Serving the Citizens of Leon County

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Postmatk -

Hers

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Washington County Clerk of Cou( and

Conrptroller

Attn Circuit Civil

1293 Jackson Ave.

Chipley, FL32428

\)?WW. CLERK.LEON.FL.US

U,S. Postalservicei.

CENNTIED MAIL@ RECEIPT

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301Soutn MoNnon Srnrnt, #too'TaluHassrn, Ft.onloe' 32307

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 149 of 174
,IHE HONORABLE

GwnN MensHALL

CrsRK oF THE Cmcur Counr axo CoUpTRoLLER

ClertK or Counts. CouN'rv CotrtgtRoLlsR. Auon'olt. TRuAsLiRtilr. RrconDrR

CIVIL CUSTOMER ASSISTANCE DIVISION

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October 37, 2079

Washington County Clerk bf Court and Comptroller

Attn Circuit Civil

1293 Jackson Ave.

Chipley, FL 32428

Re: Case# 2019 CA 000697 Christina Worley vs Dept, of Corrections

Dear Clerk:

In accordance with the order of this Court in the above-styled cause, enclosed is the

11 original file or dcopies of the file

along with a certified copy of the order of trdnsiei. There is no filing fee asSoiiated. with

this case.

Please sign below indicating receipt for the file and return a capy of the signed letter to

this office.

Sincerely,

Gwen Marshall, Clerk & Comptroller

Serving the Citizens of Leon

BY;

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301Sourn MoNnoe STRrm, #t00. TellenAssEE, Fuorupe 3230L

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 150 of 174
Filing # 98591904 E-Filed lll09l2019 l0:05:40 AM

IN THE CIRCUIT COURT OF THE SECOND JUDIGIAL

CIRGUIT IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

v Case No. 2019-GA-000697

FLORIDA DEPARTMENT OF GORRECTIONS

MHM HEALTH PROFESSIONALS, lNC., and

MHM HEALTH PROFESSIONALS, LLC,

Defendants.

NOTICE OF SERVING DEFENDANT'S ANSWERS

AND OBJECTIONS TO SECOND SET OF INTERROGATORIES

Defendant MHM Health Professionals, LLC hereby gives notice of serving its

Answers and Objections to Plaintiff's Second Set of lnterrogatories.

Respectfully subm itted,

/s/Catherine H. 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

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Attorneys for Defendant MHM Health

Professionals, LLC

ACTTVE 44711305v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 151 of 174
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on November 8,2019, 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:

Adam Ellis, Esq.

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

a d am @ r0-attoxlaw. ggfn

iervon ie@ m attoxkluLco m

nlghel le2 @fl attoxlaw" com

/s/Catherine H. Moll OV

Attorney

2

ACTIVE 44711305v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 152 of 174
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or on the front if permib.

Washington County Clerk of Court and

Cornptroller

Attrr Circuit Civil

1293 Jackson Are"

Chipley, FL 32428

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Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 153 of 174
Filing # 101802819 E-Filed 01116,2020 04:52:34 PM

IN TI{E CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT

IN AND FOR LEON COUNTY, FLORIDA

CHRISTINA WORLEY

Plaintiff, CASE NO.: 2019 CA 000697

FLORIDA DEPARTMENT OF CORRECTIONS,

MHM HEALTH PROFESSIONALS,INC. and

MHM HEALTH PROFESSIONALS, LLC

Defendants.

REO{IEST rOR COPIE$

Defendant, FLORIDA DEPARTMENT OF CORRECTIONS, by and through its undersigned

counsel, andpulsuanttoRule 1.351, FloridaRules of CivilProcedure, requeststhatPlaintiff furnish

copies of the following:

PlaintifFs Answers to Defendant Centurion of Florida, LLC's First Set of

Interrogatories.

*r*{.

VS,

1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 154 of 174
CERTITICATE OF SERVIC..E

I lm,REBY CERTIFY that a oopy of the foregoing has been providecl to the following by

Florida Courts E-Filing Portal on this$ day of 2420:

Adam Hllis

Marie A. Mattox, PA

203 Nortl Gadsden Street

Tallahassee, Florida 3230 |

adam@mattoxlarv.com

mi che I I e2 @matt ox law*co m

i ervonie(Emattoxlaw. com

Attorneyfor Plaintiff

Richard C. McCre4 Jr.

Catherine H. Molloy

Cayla M. Page

Greenberg Traurig, PA

101 E. Kennedy Blvd., Suite 1900

Tampa, Florida 33602

mccrear@stlaw,corn

mollovk6stlaw,com

oasecfDstlaw.com

ramosl@.stlaw.com

FLService@gflaw.com

Attorney for Defendants, MHM Health

Professionals, Inc. and MHM tlealth

Professionals, LLC

E.

Florida Bar:No, 015554

WADE, PALMER & SHOEMAKER, P,A,

14 N, Palafox Street

P.O. Box 13510

Pensacola, FL 3259 l -35 l0

(8s0) 42e-075s

nnal mer@wuslawvers, com

i bol ins.@\aalslawvers.com

cschreinerfdwoslawvers. com

Attrsrney .for Defendant, Florida Department

of Corrections

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 155 of 174
Filing # 102738503 E-Filed 0210412020 0349:22PM

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL

CIRCUIT IN AND FOR LEON GOUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

v Case No. 2019-CA-000697

FLORIDA DEPARTMENT OF

CORRECTIONS and CENTURION

OF FLORIDA, LLC

Defendants

DEFENDANT MHM HEALTH PROFESSIONALS' LLC'S

NOTICE OF SERVICE OF AMENDED VERIFIED RESPONSES AND

OBJECTIONS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES

pLEASE TAKE NOTICE that the original and a copy of Defendant MHM Health

Professionals, LLC's Amended Verified Responses and Objections to Plaintiff's First Set

of lnterrogatories has been served by email and by U.S. mail this 4th day of February,

2020 upon:

Adam Ellis

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

marie(Omattoxlaw.com

njchelle@matte<law.com

marlene@mattoxlaw.com

adam@mattoxlaw.com

i e rv g tlt e @ m attgilaw. qgF

emerson (Omattoxlaw.com

I

ACTIVE 48646249v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 156 of 174
E. Nicole Palmer

Wade, Palmer & Shoemaker, P.A

14 North Palafox Street

P.O. Box 13510

Pensacola, Florida 32591

n palmer@wpslawve_rs.com

csph rei ner@wpslawvers.com

i bolin s@w0. slglvvers. com

Respectfully 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. 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

(81 3) 31 8-5700 - Telephone

(81 3) 31 8-5900 - Facsimile

Attorneys for Defe nd ant

ACTIVE 48646249v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 157 of 174
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDTCIAL

CIRCUIT IN AND FOR WASHINGTON COUNTY, FLORIDA

CHRISTINA WORLEY,

Plaintiff,

v

MHM HEALTH PROFESSIONALS, INC.,

and MHM HEALTH PROFESSIONALS, LLC,

Defendants.

Case No. 2019-CA-000201

I

NOTICE OF FILING NOTICE OF REMOVAL

TO THE U ITED STATES DIS COURT

To Lora C. Bell

Clerk of the Circuit Court & Comptroller

293 Jackson Avenue, Suite 101

Chipley, FL

PLEASE TAKE NOTICE that on March 6, 2020, Defendant MHM Health

Professionals, LLC f/k/a MHM Health Professionals, lnc. ("MHMHp")1 filed a Notice of

Removal in the United States District Court for the Northern District of Florida, Panama

city Division. A copy of the Notice of Removal is attached as Exhibit 1.

Respectfu lly subm itted,

/s/Catherine H. llov

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

1 MHMHP was converted from a corporation to a limited liability company effective December g1,2O1B

ACTM 48925771v1

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101 E. Kennedy Boulevard, Suite 1900

Tampa, Florida 33602

(813) 318-5700 - Telephone

(813) 318-5900 - Facsimile

Attomeys for Defendant MHM Health

Professionals, LLC

CERTIFICA OF SERVICE

I HEREBY CERTIFY that on March 6, 2020, 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:

Adam Ellis, Esq.

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

adam@mattoxlaw.com

iervo n ie@ mattoxlaw. com

m iche I le2 @ mattoxlaw. com

E. Nicole Palmer, Esq.

Wade, Palmer & Shoemaker, P.A.

14 N. Palafox Street

Pensacola, FL 32591 -351 0

npalmer@wpslawvers. com

i bo I i n g @wps lawyers. com

csch rei ne r@wpslawyers. com

,/s/Catherine H. Mollov

Attorney

)

ACTIVE 48925771v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 159 of 174
E t ITl

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V

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

CHRISTINA WORLEY,

Plaintiff,

CASE NO.

MHM HEALTH PROFESSIONALS, INC.

and MHM HEALTH PROFESSIONALS, LLC

Defendants.

NOTICE OF REMOVAL

Defendant MHM Health Professionals, LLC f lkla MHM Health

Professionals, lnc. ("MHMHP"),1 by and through its undersigned counsel,

hereby gives notice of the removal of the above-styled action to the United

States District Court for the Northern District of Florida, Panama City

Division, and states as follows:

t.

RODUCTI

1. This action is being removed pursuant to 28 U.S.C. g 1441(a)

and (b) and 28 U.S.C. $ 1332(a).

t MHMHP was converted from a corporation to a limited liability company effective December g1,2O1A

ACTIVE 48927771v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 161 of 174
2. On March 21, 2019, Plaintitf Christina Worley ("Worley") filed a

Complaint in the Circuit Court of the Second Judicial Circuit in and for Leon

County, Florida. The case was style d Christina Worley v. Florida Department

of Corrections and Centurion of Florida, LLC, Case No. 1g-cA-000697.

3. On August 29, 2019, Worley filed Plaintiff's First Amended

Complaint amending the parties to include MHM Health Professionals, lnc.

and MHM Health Professionals, LLC and removing Centurion of Florida,

LLC.

4. On October 25,2019, the case was transferred to the Fourteenth

Judicial Circuit in and for Washington County, Florida and assigned Case

No. 2019-CA-201, styled Christina Worley v. Florida Department of

Corrections, MHM Health Professio nals, lnc. and MHM Health

Professionals, LLC.

5. Worley alleges violations of Florida's Public and Private

Whistleblower Acts, SS 112.3187 and 448.101, Florida Sfafufes,

respectively. Worley also alleges gender discrimination and retaliation in

violation of the Florida Civil Rights Act ("FCRA"), Chapter 7G0, Florida

Sfafufes.

6. On September 13, 2019, Worley served Plaintiff's Verified

Answers to Defendant's First Set of lnterrogatories.

ACTTVE 48927771v1 2

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 162 of 174
7. On February 18,2020, Worley filed Plaintiff's Notice of Voluntary

Dismissal with Prejudice, voluntarily dismissing all claims against Defendant

Florida Department of Corrections.2

il.

PREREQUISITES TO REMOVAL

L Written notice of the filing of this Notice of Removal has been

given to all parties in this action, and a copy of the Notice of Removal will be

filed promptly with the Clerk of Circuit Court of the Foufteenth Judicial Circuit

in and for Washington County, Florida.

9. A true and legible copy of all process, preadings, orders, and

other papers or exhibits of every kind on file in the Circuit Court Action is

attached as Composite Exhibit "A."

ilr.

VENUE

10. Venue is proper in this Court because this action is being

removed from Washington County Circuit Court which lies within the

2 Pursuant to Florida Rule of Civil Procedure 1.420, a plaintiff dismiss his/her/its claims "without order of

court (A) before trial by serving, or during trial by stating on the record, a notice of dismissal at any time

before a hearing on motion for summary judgment, or if none is served or if the motion is denied, before

retirement of the jury in a case tried before a jury or before submission of a nonjury case to the court for

decision."

ACTIVE 4B927771v1 3

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 163 of 174
Northern District of Florida, Panama City Division. See 28 U.S.C. gg 1a 1(a)

and 1 aa6@).

lv.

DIVERSITY J URISDICTION

11 . This Court has diversity jurisdiction pursuant to 28 U.S.C. S 1332

because this is a civil action in which the amount in controversy exceeds

$75,000, exclusive of interest and costs, and is between citizens of different

states. Therefore, the Court has originaljurisdiction over this action pursuant

to 28 U.S,C. S 1332.

V.

DIVE ITY CITIZENSHIP

12. Under 28 u.s.c. S 1441(b), a defendant may only remove an

action from state court to federal court if the federal court would possess

original jurisdiction over the subject matter. ln the case at bar, the source of

original jurisdiction is 28 U.S.C. S 1332, which grants federal district courts

jurisdiction over "all civil actions where the matter in controversy exceeds the

sum or value of $75,000.00, exclusive of interest and costs, and is

between... citizens of different states."

4

ACTIVE 48927771v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 164 of 174
13. Plaintiff is domiciled in Florida. See First Amd. Compl. at fl 3.

14. MHMHP is a Delaware limited liability company with its principal

place of business where its officers direct, control, and coordinate its

activities at 1593 Spring Hill Rd., Suite 610, Vienna, Virginia. MHM Services,

lnc. is the sole member of MHMHP. MHM Services, Inc. is a Delaware

corporation with its principal place of business where its officers direct,

control, and coordinate its activities at 7700 Forsyth Boulevard, St. Louis,

Missouri. See Exhibit "8" at 1l1l 4, S and 6.

vt.

AMOUNT IN CONTROVERSY

15. Plaintiff seeks legal and equitable relief including but not limited

to, compensation for lost wages and benefits, attorneys' fees and costs, and

injunctive relief. See First Amd. Compl. at 111138, 48, 55. Plaintiff also alleges

that the damages are continuing and permanent. See First Amd. Compl. at

1|fl 48 and 55.

16. As noted above, on september 13, 2019, worrey served

Plaintiff's Verified Answers to Defendant's First Set of lnterrogatories.

Plaintiff alleged that her lost wages, at that time, totaled $g1,250.00.

Moreover, Plaintiff also alleged that she intended to work "lO more years"

totaling $650,000. See Exhibit "c." Worley's discovery responses satisfy

5

ACTIVE 48927771v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 165 of 174
the amount in controversy required for removal based on diversity of

jurisdiction

17. 28 U.S.C. S 1446 (b) provides, in pertinent part:

The notice of removal of a civil action or proceeding shall be

filed within thirty days after receipt by the defendant, through

service or otherwise, of a copy of the initial pleading setting

forth the claim for relief upon which such action or proceeding

is based, or within thirty days after the service of summons

upon the defendant if such initial pleading has then been filed

in court and is not required to be served on the defendant,

whichever period is shorter.

lf the case stated by the initial pleading is not removable, a

notice of removal may be filed within thirty days after receipt by

the defendant, through service or othenrvise, of a copy of an

amended pleading, motion, order or other paper from which it

may first be ascertained that the case is one which is or has

become removable, except that a case may not be removed on

the basis of jurisdiction conferred by section 1332 of this tifle

more than 1 year after commencement of the action.

18. This action became removable on February 18, 2O2O when

complete diversity was established as a result of the dismissal of Defendant

Florida Department of Corrections. See Exhibit ,,D.,'

19. Further, this removal is "within thirty days after receipt by the

defendant ,.. of an amended pleading, motion, order orother paper from

which it may first be asceftained that the case is one which is or has become

removable" and from which MHMHP first "ascertained that the case is one

which ... has become removable." 28 U.S.C. S 1446 (b).

o

ACTIVE 48927771v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 166 of 174
WHEREFORE, Defendant MHM Health Professionals, LLC f/k/a MHM

Health Professionals, lnc. removes the above-styled action now pending

against it in the Circuit Court of the Fourteenth Judicial Circuit in and for

Washington County, Florida, to the United States District Court for the

Northern District of Florida, Panama City Division.

Respectfu lly su bmitted,

/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

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 ant

7

ACTIVE 48927771v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 167 of 174
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on March 6, 2O2O the foregoing document

was sent electronically to:

Adam Ellis, Esq.

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

adam@mattoxla .com

iervo n ie@ mattoxlaw. com

m ichel le2@ mattoxlaw. co m

E. Nicole Palmer, Esq.

Wade, Palmer & Shoemaker, p.A

14 N. Palafox Street

Pensacola, FL 32591-35l 0

n pa I mer@wpslawyers. com

i bol i nq @wpslawyers. com

csch reiner@wpslawvers. com

/s/Cath ne H. Mollov

Attorney

8

ACTIVE 48927771v1

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 168 of 174
COMPOSITE E I ITA

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 169 of 174
Filing # 86796279 E-Filed 03/2112019 l1:50:52 PM

FORM 1.997 . CIVIL GOVER 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 25.075, Florida Statutes. (See instructions for

completion,)

I. CASE SryLE

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT,

IN AND FOR LEON COUNTY, FLORIDA

Case No. 2019 CA 000697

Judge

CHRISTINA WORLEY

Plaintiff

VS.

FLORIDA DEPARTMENT OF CORRECTIONS. CENTURION OF FLORIDA LLC

Defendant

II. TYPE OF CASE

fl Condominium

EI Contracts and indebtedness

fl Eminent domain

n Auto negligence

n Negligence - other

n Business governance

! Business torts

n Environmentalffoxictort

! Third party indemnification

! Construction defect

n Mass tort

n Negligent security

! Nursing home negligence

n Premises liability - commercial

n Premises liability - residential

E Products liability

n Real Property/Mortgage foreclosure

D Commercial foreclosure $0 - $50,000

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

n Commercial foreclosure $250,000 or more

I Homestead residential foreclosure $0 - 50,000

n Homestead residential foreclosure $50,001 -

$249,999

! Homestead residential foreclosure $250,000 or

more

I Non-homestead residential foreclosure $0 -

$50,000

n Non-homesteadresidentialforeclosure

$s0,001 - $249,999

n Non-homesteadresidentialforeclosure

$250,00 or more

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

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

- Other real property actions $250,000 or more

n Professionalmalpractice

n Malpractice - business

n Malpractice - medical

n Malpractice - other professional

X Other

n AntitrusUTradeRegulation

n Business Transaction

n Circuit Civil - 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

! Shareholder derivative action

! Securitieslitigation

n Trade secrets

! Trust litigation

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 170 of 174
GOMPLEX BUSINESS COURT

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

Administrative Order. Yes n No E

1il. REMEDIES SOUGHT (check allthat appty):

X Monetary;

X Non-monetary declaratory or injunctive relief;

X Punitive

IV NUMBER OF CAU$ES OF ACTION: ( )

(Specify)

1

V. IS THIS CASE A CLASS ACTION LAWSUIT?

n Yes

XNo

HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?

XNo

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

vlt. IS JURY TRIAL DEMANDED IN COMPLAINT?

X Yes

!No

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 Administratio n Z.+Zs.

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

Attorney or party (Bar number, if attorney)

VI

Marie A Mattox 03/21/2019

(Type or print name) Date

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 171 of 174
Filing # 8679627 9 E-Filed 032112019 1 1:50:52 PM

IN THE CIRCUIT COURT OF THE

SECOND JUDICIAL CIRCUIT IN AND

FOR LBON COUNTY, FLORIDA

CHRISTINA WORLEY, CASE NO: 19-CA- 2019 CA 000697

FLORIDA BAR NO. 0739685

Plaintiff,

v.

FLORIDA DEPARTMENT OF

CORRECTIONS and CENTURION OF'

FLORIDA,LLC,

Defendants.

COMPLAINT

Plaintiff, CHRISTINA WORLEY, sues Defendant, FLORIDA DEPARTMENT OF

CORRECTIONS and CENTUzuON OF FLORIDA, LLC, and alleges as follows:

NATURE OF THE ACTION

L This action is pursuant to $ 1 12.3187, Florida Statutes (Florida's Public Ernployee

Whistleblower Act), $ 448.101 et seq., Florida Statutes (Florida's Private Employee

Whistleblower Act), and Chapter 760, Florida Statutes.

2. This is an action for damages in excess of Fifteen-Thousand ($15,000.00) Dollars,

exclusive of attorney's fees and costs.

PARTIES

3. At all times material hereto, Plaintiff, CHRISTINA WORLEY, has been a resident

of the State of Florida and was employed by Defendant, Plaintiff is a member of a protected class

because of her gender and because she reported unlawful conduct and was subjected to retaliation

thereafter. Accordingly, Plaintiff is sui juris.

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 172 of 174
4. At all times material hereto, Defendant, FLORIDA DEPARTMENT OF

CORRECTIONS ("Defendant DOC"), has been organized and existing under the laws of the

State of Florida. At all times pcrtinent to this action, Dcfendant has been an "employer" as that

term is used under the applicable laws identified above, Def'endant was Plaintifl's employer as it

relates to these claims.

5. At all times material hereto, Def'endant, CENTURION OF FLORIDA, LLC

("Defendant Centurion"), has been organized and existing under the laws of the State of Florida.

At all times pertinent to this action, Defendant has been an "employer" as that term is used under

the applicable laws identified above. Defendant was Plaintiff s employer as it relates to these

claims. Def'endant Centurion entered into a contractual agreement with Defendant DOC to

provide comprehensive health care services.

CONDITIONS PRECEDENT

6. Plaintiff 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. This action is timely filed thereafter.

STATEMENT OF THE ULTIMATE F'ACTS

7. Plaintiff began her emplolment with Defendants DOC and Centurion in May 2016

and held the position of Registered Nurse at Defendant DOC's Northwest Florida Reception

Center at the time of her wrongful termination on December 29,2077,

8. 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 her

gender (female) and was the victim of retaliation after her reporting. Moreover, Plaintiff reported

Defendants' actual or suspected violations of laws, rules andlor regulations ancVor malfeasance,

2

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 173 of 174
misfeasance, and gross rnisconduct and was subject to further retaliation leading up to her

wrongful termination.

9, The mistreatment came at the hands of specifically but not limited to Director of

Nursing ("DON") Brandi Blocker, Health Services Administrator Tara Johnson, and Human

Resource Direction Sara Brus.

10. In July 20IT,PIarntiff reported to DON Blocker that an inmate was not receiving

appropriate medical care given thc severity of his medical condition, Plaintiff subsequently filed a

complaint with Defendant reporting the actual and/or suspected violations of laws, rules and/or

re gulations andl ot misfeasance, malfeasance, andlor gross misconduct.

11. Specifically, in or around June 2017 

, an inmate housed with Defendant was sent to

an outside hospital and placed on life support, On .lune 76,2017, Defendant was notified that said

inmate would not be transferred back to Defendant, but rather a separate DOC facility that was

more equipped to handle the inmate's medical conditions. However, on June 17,2017, Plaintiff

was notified by DON Blocker that said inmate would be returning to Defendant's care at the

same institution. As such, Plaintiff and her co-workers attempted to get all patient supplies

needed for this inmate's medical condition; however, Defendant did not have the appropriate

supplies available. Plaintiff subsequently reported to DON Blocker that Defendant, at the existing

facility, would not be able to adequately care for this inmate. Nevertheless, Defendant accepted

the inmate back even without the proper medical supplies and equipment,

12, Upon the inmate's arrival back at the facility, RN Bahillo assessed the patient and

again determined that Defendant did not have the adequate equipment or staff to appropriately

care for the inmate. Nevertheless, Dr. Lay, who had never seen nor medically treated the patient,

called RN Bahillo and stated that Defendant would accept the inmate. The following Monday, the

inmate died after suffering from an elevated temperature with no IV pain medication and/or

3

Case 5:20-cv-00076-TKW-MJF Document 1-1 Filed 03/06/20 Page 174 of 174