Pinellas Hematology v. Pinellas County

Case Number:18-003699-CI
Filing # 73085591 E-Filed 06/05/2018 11:39:00 AM
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
PINELLAS HEMATOLOGY
AND ONCOLOGY, P.A., a Florida
Professional Association,
Plaintiff,
V.
PINELLAS COUNTY, a political Case No.:

subdivision of the State of Florida,
DAVID M. DRESDNER, M.D., PA, a
Florida Professional Association, and
DAVID M. DRESDNER, M.D., an individual.
Defendants.
/
COMPLAINT FOR DECLARATORY JUDGMENT,

INJUNCTIVE RELIEF, AND PETITION TO COMPEL ARBITRATION
Plaintiff Pinellas Hematology and Oncology, P.A. (“PHO”), by and through undersigned
counsel, pursuant to Florida Statutes Chapters 86 and 682 and Florida Statutes § 286.1 1 and Florida
Rule of Civil Procedure 1.071, brings this Complaint for Declaratory Judgment and Injunctive
Relief against Defendants Pinellas County, a political subdivision of the State of Florida
(“County”), David M. Dresdner, M.D., P.A. (“DMD PA”), and David M. Dresdner, M.D., (“Dr.
Dresdner”), and submits this Petition to Compel Arbitration against individual Defendant DMD
PA. In support, PHO alleges:
PARTIES, JURISDICTION, AND VENUE

1. This action is for declaratory judgment, brought pursuant to Florida Statutes
Chapter 86 (2017). Plaintiff respectfully petitions this Court to enter declaratory judgment holding
that Article IV of the Pinellas County, Florida, Code of Ordinances, § 70-301, et seq. Wage Theft
and Recovery Ordinance (2016) (“Ordinance”), violates the Florida Constitution on its face and as
1/101
***ELECTRONICALLY FILED Baylawsuits.com
06/05/2018 11:38:58 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
applied because it allows a quasi-judicial county agency to exceed the jurisdictional limits of
Florida’s county courts, encroaches on the exclusive jurisdiction of Florida’s circuit courts,
disputes such as this one Where the parties executed an agreement to submit their disputes to
binding arbitration as the exclusive remedy. A true and correct copy of the Ordinance is attached
hereto as Exhibit A. The Ordinance is unconstitutional on its face because it is overbroad,
ambiguous, and denies PHO’s right to procedural due process,
2. PHO further seeks declaratory judgment and injunctive relief as to the wage theft
action brought under the Ordinance by Dr. Dresdner against PHO with the Pinellas County Office
of Human Rights (“PCOHR”), Case No. PCOHR-WT-16-00032, affirming the February 1, 2018
Opinion of the Circuit Court (“the “Opinion”), which quashed the Findings and Order rendered by
the PCOHR in that case on August 15, 2016 (the “Order”), and requiring the PCOHR to comply
with the Opinion during the pendency of Dr. Dresdner’s petition to review the Opinion. A true and
correct copy of the PCOHR Order and the Circuit Court Opinion are attached hereto as Exhibits
5 and Q, respectively.
3. PHO further seeks to compel Defendant DMD PA to comply with its contractual
obligation to arbitrate disputes with PHO, as required the agreement, erroneously entitled
“Physician Employment Agreement,” between DMD PA and PHO, dated March 31, 2015
(“Agreement”), a true and correct copy of which is attached hereto as Exhibit D.
4. Plaintiff Pinellas Hematology and Oncology, PA (“PHO”) is a professional medical
association entity owned and operated by Dr. Pratihba Desai. PHO’s principal place of business is
5000 Park Street N., Suite 1017, St. Petersburg, Florida 33709.
2/101 Baylawsuits.com
5. Defendant Pinellas County is a Florida charter county organized and existing under
the laws of the State of Florida.
6. Defendant David M. Dresdner, M.D., P.A. (“DMD PA”) is professional medical
association entity, with its principal place of business during the time the action accrued at 1099
5th Avenue N., No. 120, St. Petersburg, Florida 33705 and with its current principal address listed
in the Florida Division of Corporations as being at 125 Park Street, St. Petersburg, Florida 33707.
7. Defendant David M. Dresdner, MD. is an individual residing at 125 Park Street S,
Apt. 50, St. Petersburg, Florida 33707.
8. Venue is proper in this Court under Fla. Stat. § 47.011 because (a) this action
accrued in this county; (b) Plaintiff and all Defendants reside in this County; and (c) PHO and
DMD PA agreed to venue in the Sixth Judicial Circuit for any actions brought to enforce the terms
of their Agreement (Ex. D 11 10.14).
9. This Court has subject matter jurisdiction over this action pursuant to Article V§5
of the Florida Constitution, Fla. Stat. § 26.012, Fla. Stat. § 86.011, and Fla. Stat. § 682.015.
10. The value of this action exceeds $15 ,000 because it involves an order by the
Pinellas County Office of Human Rights exceeding $205,000 and a request to compel arbitration
of claims by
A.
PHO against
THE PINELLAS COUNTY WAGE THEFT ORDINANCE

M
DMD PA valued over $210,000.
11. On January 1, 2016, a newly-adopted Pinellas County ordinance prohibiting wage
theft went into effect. This Ordinance—Article IV of the Pinellas County, Florida, Code of
Ordinances, § 70-301, et seq. Wage Theft and Recovery Ordinance (2016)—is intended “to
eliminate and prevent wage theft.” Ordinance § 70-303.
12. The Legislative Findings of Fact, which are set forth in the text of the Ordinance,
state the intended application and benefit of the Ordinance:
Eliminating the underpayment or nonpayment of wages earned by

persons working in the county serves the public purpose by
promoting economic security and dignity for those working in the
county; by promoting business and economic development through
the elimination of unfair economic competition by unscrupulous
businesses that do not pay or that underpay their employees; and by
relieving the burden on the public that subsidize unscrupulous
employers Whose employees are forced to rely on public assistance
because of unpaid or underpaid wages.
Ordinance § 70-303.
13. The Ordinance is clear on its face that it is intended to address the Withholding of
7, 4‘
“employee wages” by “employers.” It is also clear that the Ordinance is aimed at assisting
employees who would be “forced to rely on public assistance because of unpaid or underpaid
wages.” Ordinance § 70-303.
14. The Ordinance defines “employee” as “a natural person who performs work
Within the geographic boundaries of Pinellas County While being employed by an employer, but
shall not include any bona fide independent contractor.” Ordinance § 70-305 (Emphasis added).
This definition of “employee” does not include business entities or anything other than “a natural
person.”
15. The Ordinance defines “wage rate” as “any form of monetary compensation which
the employee agreed to accept in exchange for performing work for the employer, whether daily,
hourly, or by piece . . .
.” Ordinance § 70-305 (Emphasis added). This definition of “wage rate”
specifically excludes any reference to “salary” or contractual “installment payments” made
pursuant to a business-to-business agreement.
16. “Wage theft” occurs when an “employer [fails] to pay any portion of wages due to
an employee, Within a reasonable time from the date on which that employee performed the work
for which those wages were compensation . . .

.” Ordinance § 70-306.
17. The Ordinance establishes a procedure by which a claimant who believes he or she
isthe Victim of wage theft by their employer may file a complaint with Pinellas County and be
entitled to a hearing before a special magistrate. Ordinance § 70-307.
18. The language of the Ordinance describes a claimant and respondent by default as
“employee” and “employer,” without providing for any threshold determination as to whether the
claimant qualifies as an “employee” as defined by the Ordinance or Whether the respondent
qualifies as an “employer” as defined by the Ordinance. Throughout the Ordinance, all rules and
procedure are stated solely in terms of “employee” and “employer.”
19. The Ordinance establishes a “[t]hIeshold amount” of “$60.00” to bring a wage theft
claim. The Ordinance does not provide for a monetary cap on claims, despite the $15,000.00
jurisdictional limit of claims that may be heard by county courts under Florida law. See
§34.01(1)(c).
20. Within 30 days after Pinellas County makes a preliminary determination that a
complaint filed describes the basic elements for a wage theft claim, the County appoints a special
magistrate to conduct a wage theft hearing. Ordinance § 70-307(d). This determination does not
appear to include the question of whether the claimant is an employee or whether the amount in
controversy exceeds the jurisdictional authority that may be vested in a county quasi-judicial body
under Florida law. Ordinance § 70-307(b) (stating only that “the county shall promptly determine
that the wage theft complaint alleges wage theft, names at least one employer and meets the
threshold amount criterion”).
21. The Ordinance does not allow the respondent to seek a jury trial or to invoke any
applicable arbitration agreements, regardless of the amount in controversy. It only provides for a
quasi-judicial hearing before a special magistrate.
22. Procedurally, the respondent is offered an opportunity to file a written answer to
the complaint. Ordinance § 70-307(d)(2). The parties are mandated to appear at the hearing in
person. Id. They are permitted to “submit evidence, cross-examine witnesses, obtain issuance of
subpoenas and otherwise be heard.” Id. Discovery is also permitted on motion. Ordinance § 70-
307(d)(3).
23. Upon conclusion of the hearing, the special magistrate issues a final order.
Ordinance § 70-307(d)(5). If the special magistrate determines that the respondent has failed to
pay wages, the claimant shall be entitled “to receive three times the amount of back wages due.”
Ordinance § 70-306, 70-308(a)(1). The Ordinance does not impose a cap on the amount the
PCOHR may award, despite the clear $15 ,000.00 jurisdictional limit of Florida’s county courts.
24. No heightened burdens of proof or requirements to show intent apply for the
claimant to receive treble damages. The treble damages are mandatory under the language of the
Ordinance if the special magistrate finds unpaid wages. Ordinance § 70-306, 70-308(a)(1).
25. The Ordinance is silent as to contractual disputes between business entities or
employment agreements that include binding arbitration provisions. The Ordinance is also silent
as to business-to-business or other non-employer-employee relationships, except to say that
independent contractors are expressly excluded from application of the Ordinance. Ordinance §
70-305.
B. THE AGREEMENT BETWEEN PHO AND DNID PA
26. Plaintiff Pinellas Hematology and Oncology, PA. is a compassionate cancer care
center that delivers world class cancer treatment in the local Pinellas community.
27. In late 2014, Dr. Dresdner, with whom PHO had a long-standing professional
relationship, approached PHO’s founder, Pratibha Desai, M.D., M.P.H., about entering into an
agreement between their two businesses—PHO and DMD PA—to help facilitate Dr. Dresdner’s
retirement. Dr. Dresdner proposed that DMD PA convey its ongoing practice, obligations, and
assets to PHO and that DMD PA contract with PHO to provide part-time physician services during
the transition.
28. An initial agreement was reached in principle that PHO and DMD PA would enter
into a merger-like agreement between the businesses. Dr. Dresdner enlisted his son-in-law,
Andrew Lincoln, an employment litigation associate at the law firm of Jackson Lewis P.C., to draft
the contract memorializing the parties’ complex business transaction.
29. Mr. Lincoln provided the parties with a contract to be executed between the two
businesses. The contract was misleadingly entitled “Physician Employment Agreement” (Ex. D)
and was made by and between Pinellas Hematology Oncology, PA. and David M. Dresdner, M.D.,
P.A.
THIS PHYSICIAN EMPLOYMENT AGREEMENT (this "Agreemenlt") is made

(I entered into effective as of this 31 day of March, 2015, by and between Pinellas
ematology Oncology , PA, (the "Practice") and David M. Dresdner, M.D., PA. (the
"Physician").
Ex. D., p. 1.
30. The Agreement between the two business entities, as prepared by an employment
litigator, followed the stande language and formatting of many employment agreements. This
included reference to PHO paying compensation to DMD PA in the form of an “Annual Salary”
of $300,000. The “Financial Arrangements” section of the Agreement specifically provides that
PHO “will make the Annual Salary Payments to David M. Dresdner, M.D., P.A.” (Ex. D. 11 5.1)
(emphasis added). Those payments are characterized in the Agreement as “monthly installment
payment[s]” as well as “Annual Salary payments [made payable] to David M. Dresdner, M.D.,
P.A.” (Ex. D. 11
5 1) (emphasis added).
.
5. Financial Arrangements.
Comnensation. The Practice will pay Physician an annual salary of

5.1
Three Hundred "Thousand Dollars and Zero Center ($300,000.00) (the “Annual Salary”).
The Annual Salary will be divided into twelve (12) equal monthly payments, which are
due by the fifteenth (15) day of each month. However, the Practice may have up to forty-
five (45) days from the effective date of this Agreement to make Physician’s first
monthly installment payment. The Practice will make the Annual Salary payments to
David M. Dresdner, M.D., P.A.
Ex. D, 115.1.
31. The Agreement specifically excluded any provision of employee-type benefits, and
it required that DMD PA purchase and maintain malpractice insurance. (Ex. D, W 5.2, 5.3).
5.2 Leave and Benefits. The Practice will not provide any other benefits to
Physician, including malpractice insurance, health insurance, CME, vacation (except as
otherwise set forth herein), transportation or pension plan, or licenses and memberships.
5.3 Malpractice Insurance. The Practice shall not purchase malpractice

insurance for Physician. However, Physician must purchase and maintain malpractice
insurance.
Ex. D, 11115.2, 5.3.
32. Despite its confusingly worded caption and employment-style language in places,
the Agreement unambiguously identified and defined the parties as Florida professional
organizations, not individuals. The terms of the deal were as the parties’ had agreed in principle:
PHO would assume substantially all of the assets and obligations of DMD PA; DMD PA would
transfer its assets and obligations to PHO; and PHO would permit DMD PA to provide physician
services at its facilit(ies) on a part-time basis during the transition.
33. Nowhere in the Agreement is Dr. Dresdner identified as an individual party to the
Agreement, beyond his role as a physician working on behalf of his own company, DMD PA. The
first paragraph of the Agreement plainly defines the term “Physician” to mean “David M.
Dresdner, M.D., PA.” (Ex. D). The Agreement states the terms of the complex business
transaction between DMD PA and PHO, including subsidization payments by DMD PA to PHO
to cover an outstanding lease (Ex. D 11 10.3), asset transfers (Ex. D 11 10.4), transfer of contractual
agreements with DMD PA’s suppliers to PHO (Ex. D 11 10.5), PHO’s purchase of DMD PA’s
chemotherapy and supply inventory (Ex. D 11 10.6), DMD PA’s continued use of mail and delivery
at the leased premises (Ex. D 11 10.7), staffing allocations and transfers (Ex. D 11 10.8), transfer of
liability for business licenses and utilities (Ex. D 11 10.9), transfer of the leased premises’ security
deposit (Ex. D 11 10.18), and transfer of contractual obligations (Ex. D 11 10.20).
34. On March 31, 2015, DMD PA and PHO executed the Agreement.
35. Dr. Dresdner is not a party to the Agreement in his individual capacity.
36. Dr. Dresdner’s individual role in the Agreement, if anything, is as the owner and
agent of DMD PA who provided part-time physician services to fulfill DMD PA’s obligations to
PHO.
37. Dr. Dresdner is not, and has never been, an employee of PHO. Dr. Dresdner is not,
and has never been, on PHO’s employee payroll.
38. All payments made by PHO to DMD PA under the Agreement were drawn to
“David M. Dresdner, M.D., P.A.” PHO never made any individual payments of any sort to Dr.
Dresdner.
39. The Agreement includes a broad and unambiguous arbitration clause, which
encompasses “any and all disputes that may arise out of (or relate to) this Agreement or
Physician’s [DMD PA’s] employment relationship with the Practice [PHO].” (Ex. D 11 9,
brackets added to state defined terms). The complete Arbitration Clause at Paragraph 9 states:
9. Arbitration. The Practice and Physician agree to utilize a system of alternative

dispute resolution that involves binding arbitration to resolve any and all disputes that
may arise out of (or relate to) this Agreement or Physician’s employment relationship
with the Practice. This binding arbitration shall fall under the Federal Arbitration Act.
The Practiceand Physician will each be responsible for their own fees and costs,
including attomeys’ fees. The arbitrator will have the authority to order all relief under
the applicable law or statute at issue. To the extent applicable in civil actions in the
United States District Courts, the following shall apply and be observed: all rules of
pleading, all rules of evidence, all rights to resolution of the dispute by means of a motion
to dismiss, for summary judgment and/or for judgment on the pleadings. All
communications during or in connection with the arbitration proceedings and the
outcome of the arbitration itself are privileged and confidential. By executing this
Agreement, both the Practice and Physician understand and voluntarily agree that they
are giving up their right to a trial by jury or judge.
10
40. In accordance with the Arbitration Clause, and as an material term of the
Agreement, “any and all disputes that may arise out of (or relate to)” Paragraph 5 .1 relating to
compensation must be submitted to binding arbitration.
41. On April 1, 2015, PHO assumed DMD PA’s healthcare facility lease, commercial
contracts, responsibility for staff payroll, and the remainder of its obligations under the Agreement.
42. On May 7, 2015, PHO began issuing monthly installment payments made to the
order of “David M. Dresdner, M.D. PA.” The bank records show that each check was credited to
the account of the named payee. A true and correct copy of the bank records is attached as Exhibit
E.
43. Several months after the parties began to perform under the Agreement, PHO
discovered that DMD PA had breached several of its obligations under the Agreement. This
included failure to pay at least $210,000 in insurer reimbursements received by DMD PA for
services performed through PHO during the Agreement term. PHO also discovered that DMD PA
had misrepresented its chemotherapy supply inventory and overcharged for the same, that DMD
PA was engaging in unscrupulous billing practices, and that DMD PA was deviating from the
medical stande of care, among other things.
44. PHO attempted to resolve its dispute with DMD PA over these breaches, but DMD
PA refused to acknowledge the problems or ongoing pay any amounts owed. As a result, PHO
ultimately resorted to attempting to migrate its damages by Withholding the $25,000 monthly
installment payments to DMD PA.
11
45. On March 14, 2016, DMD PA’s attorney sent PHO a demand letter seeking to
recover $75 ,000 in unpaid installment payments and notifying PHO of DMD PA’s intent to pursue
binding arbitration under the Agreement if PHO failed to comply. A true and correct copy of this
demand letter is appended hereto as Exhibit F. The letter stated, in part:
Our law firm has been retained by David M. Dresdner, M.D., P.A. (“DMD”) to address
your fafiurc' to pay certain amomts owed to DMD, and other issues relating to his employment
agreement. Please direct any further communications on these issues to my attention.
DMD is prepared to assert its claims against PHO in arbitration if you do not
immediately comply with the demand set forth above. PHO has until 5:00 pm on Tuwday,
March 15, to physically deliver the fullamounts due to DMD. If this amount is not received by
Dr. Dresdner by that time, we
assume that you intend to continue your violations of the.
will
Contract and that it will be necessary to protect DMD’s rights by immediately filing a complaint
in arbitration against PHO. Please be advised that this is the only demand letter that we will
send, and the next comtmmication you receive, should you not comply with the above terms, will
likely be the service of a lawsuit seeking money damages and other relief to the fullest extent of
the law.
(EX. F).
46. The letter demanded PHO pay DMD PA, otherwise DMD PA would “immediately
fil[e] a complaint in arbitration against PHO.” It made no mention of Dr. Dresdner as a party to
the Agreement or as an individual making a demand under the Agreement. (Ex. F).
47. On March 23, 2016, PHO’s counsel sent a response to the demand letter that
identified in writing DMD PA’s breaches of the Agreement and terminated the Agreement. A true
and correct copy of this response letter is appended hereto as Exhibit G.
48. After the exchange of these letters, DMD PA and PHO’s attorneys discussed by
phone and email the selection of an arbitration body to hear the parties’ dispute. These discussions
continued into June 2016. At no point in these discussions did Dr. Dresdner individually assert a
12
claim against PHO or allege that he was PHO’s employee. All correspondence between counsel
treats the parties as the business entities defined in the Agreement.
C. THE WAGE THEFT ACTION AGAINST PHO BY DR. DRESDNER
49. On May 16, 2016, two months after DMD PA served its demand letter to PHO and
initiated arbitration discussions to resolve the parties’ dispute, and While counsel for DMD PA and
PHO continued to actively discuss arbitration arrangements, Dr. Dresdner—as an individual—
Violated the Agreement in an attempt to circumvent the arbitration provision by refashioning his
dispute with PHO as a Wage Theft Complaint against PHO, and submitting it to the Pinellas
County Office of Human Rights. PHO received correspondence from the PCOHR on May 16,
2016, informing it of the Wage Theft Action and enclosing copy of Dr. Dresdner’s Wage Theft
Complaint, which alleged $75,000.00 in unpaid wages—an amount five times the jurisdictional
limit of the Florida county courts. A true and correct copy of the Wage Theft Complaint and
correspondence sent by PCOHR is appended hereto as Exhibit H.
50. In the Wage Theft Complaint, Dr. Dresdner alleged that PHO had failed to pay him
“wages,” and he attached the “Physician Employment Agreement” between PHO and DMD PA
as the sole basis for his claim. (Ex. H). Dr. Dresdner’s individual complaint for “wages” was
identical to DMD PA’s earlier demand under the Agreement made to PHO. (Ex. F and Ex. H).
51. The PCOHR complaint form asks for “employer” information. Dr. Dresdner listed
PHO as his employer. The complaint form does not ask any questions to determine whether the
7, LL
claimant is in fact a “natural person employee” of the “employer.” In his complaint form, Dr.
Dresdner self-titled his position as “Employee Physician,” and provided the Agreement between
DMD PA and PHO in support.
13
52. Dr. Dresdner admitted in the Wage Theft Complaint that he had never received
paystubs or a W-2 during the course of his supposed employment. (Ex. H).
53. On May 19, 2016, PHO responded to the PCOHR’s notice of the Wage Theft
Action by quoting the language of the Ordinance at Section 70-306, which defines “wage theft
Violations” as failure of an “employer” to “pay any portion of wages due to an employee.” A true
and correct copy of PHO’s response letter is appended hereto as Exhibit I. In that response letter,
PHO emphasized that “Dr. David Dresdner, was never an emplovee of Pinellas Hematologv &
Oncologv, PA. Hence, With due respect, I would like to mention that the Pinellas Countv
Subiect Ordinance, does not applv in this case.” (Ex. I, emphasis in original).
54. The PCOHR insisted that the proceeding continue and did not address PHO’s
objections that the Agreement did not apply to Dr. Dresdner because Dr. Dresdner was not PHO’s
employee. Throughout the entire process, PHO continually made objections as to Dr. Dresdner’s
lack of standing, the PCOHR’s lack ofjurisdiction, and the mandatory arbitration provisions in the
Agreement. PHO raised these objections at all phases of the process, including during a pre-
heating conciliation proceeding, in correspondence with the PCOHR, in pre-hearing briefs, and
during the hearing before the PCOHR.
55. The PCOHR repeatedly declined to consider whether it had subject matter
jurisdiction over the dispute or whether Dr. Dresdner was indeed PHO’s employee.
56. On August 15, 2016, the PCOHR held a hearing before Special Magistrate Susan
Helms (also mistakenly referred to during the hearings as Judge Helms). True and correct copies
of relevant excerpts of the transcript from that hearing are appended hereto as Exhibit J .1
1
References to the Transcript throughout shall be: Tr. PL.
1 4
5 7. During her introductory remarks, Special Magistrate Helms immediately classified
the parties as “employee” and “employer,” without acknowledging PHO’s objections as to this
classification. She stated, “I am going to hear presentation from the employee, I’m going to hear
presentation from the employer.” (Tr, 4:24-5:1) (Emphasis added).
58. After the parties made introductions on the record, counsel for PHO requested to
be heard on a preliminary motion to stay the proceeding and to compel arbitration. (Tr. 8:4-9:8).
In response, counsel for Dr. Dresdner argued that PHO waived its right to arbitrate under the
Agreement between DMD PA and PHO by participating in the Wage Theft Action—an action
initiated by Dr. Dresdner as an individual, not as DMD PA, and as a person who was not a party
to the arbitration agreement. (Tr. 9:11-12:1).
5 9. After hearing the parties’ arguments on waiver and compelling arbitration, Special
Magistrate Helms applied seemingly circular reasoning in deciding to move forward with the
hearing:
THE COURT: Okay. On your preliminary matter, I’m going to find

that there has been a waiver for purposes of this hearing only. And
I cannot address What may have occurred or Whether any waiver has
sufficiently been — has sufficiently occurred with regard to litigation

in court, but that’s not What this is.
This is a limited-issue hearing, based on a County
Ordinance; and it is, in part, initiated by the County because they
have an interest in protecting people from wage theft and that is Why
they have this program.
I’m going to find that the arbitration clause is either
inapplicable to this proceeding or has been waived by participation
up to this point in the process; and we’re going to go ahead and have
our hearing today.
Obviously, greater minds than mine might feel differently on
this issue down the road and I have a feeling that that could happen,
but I would like to go ahead and have our hearing.
(Tr. 14:7-15:2).
15
60. The Special Magistrate did not address the fact that Dr. Dresdner was not even a
party to the DMD PA-PHO Agreement.

61. Instead, the Special Magistrate applied the DMD PA-PHO Agreement to Dr.
Dresdner as an individual, presuming that he was an employee on this basis without ever explicitly
so stating during the hearing.
62. The Special Magistrate reasoned the Wage Theft Hearing must go forward because
the newly enacted Pinellas County Ordinance authorized the proceeding in the “interest [of]
protecting people from wage theft,” and arbitration agreements did not apply to the County’s
process. (Tr. 14:14-18).
63. The Special Magistrate rejected any argument or evidence about the nature of the
Agreement between DMD PA and PHO, regardless of the questions raised on the jurisdiction of
the PCOHR to hear the claim. She concluded that argument or evidence about agreements or
conditions that would preclude the parties from participating in the Wage Theft proceeding were
not proper subjects for the Hearing and were beyond her scope of authority to decide. (Tr, 14:7-
17:15).
64. Throughout the hearing, PHO persistently attempted to introduce argument and
evidence regarding the commercial nature of the Agreement and the business-to—business
relationship between DMD PA and PHO. PHO also introduced DMD PA’s original demand for
PHO to pay DMD PA the “Annual Salary” amounts at issue in the hearing, as well as his notice
that he intended to arbitrate the same claims that were erroneously before the Special Magistrate.
However, PHO was only able to proffer this evidence to make its “record” as the Special
16
Magistrate would not consider any evidence on Dr. Dresdner’s status as a purported “employee,”
jurisdiction, arbitrability, or waiver. (Tr. 14:19-15:2, 99:15-101:2).
65. At the close of the Hearing, the PCOHR Special Magistrate issued a form order,
finding that Dr. Dresdner was an employee of PHO and that PHO had not paid him “wages” of
$25,000 per month from January 1, 2016 through March 23, 2016. The form order awarded Dr.
Dresdner treble damages of $205,645.17, as well as $457.78 in administrative fees. (Ex. B).
66. Dr. Dresdner did not have to meet any heightened burden of proof or intent
requirements to be awarded treble damages against PHO.
67. The hearing provided no opportunity for PHO to raise counterclaims or the defense
of setoff for DMD PA’s breaches of the Agreement.

68. Facing an award three times greater than Dr. Dresdner’s initial $75,0000.00
demand and having been left without the ability to raise stande defenses as to jurisdiction,
standing, and setoff, PHO was left
Circuit Court of the Sixth Judicial Circuit,
Hematologv and Oncologv V. David.

with no choice but to appeal the
M.
which it
PCOHR’s form
did on September 8, 2016.
Dresdner, M.D., Sixth Judicial Circuit Court Case No.

m
order to the
E
52-2016-AP-000047-XXXX-CI.
69. On February 1, 2018, the Circuit Court issued its Opinion, quashing the Special
Magistrate’s August 16, 2016, Order and remanding the case to the PCOHR for further
proceedings consistent with the Opinion. A true and correct copy of the Circuit Court’s Opinion
is attached hereto as Exhibit C.
70. The Circuit Court ruled PCOHR did not have subject matter jurisdiction to hear
Dr. Dresdner’s wage theft claim because the Ordinance allows only “natural person” employees
17
to bring claims under it, and the plain language of the Agreement Dresdner submitted to support
his claim showed the dispute arose out of complex contractual business transaction between two
professional association entities—DMD PA and PHO.
71. In accordance with the Circuit Court’s Opinion, on February 1, 2018, PHO filed a
motion to reverse the PCOHR Order and dismiss Dr. Dresdner’s wage theft complaint with
prejudice. A true and correct copy of the PHO’s Motion is attached hereto as Exhibit 0. Dr.
Dresdner filed a motion to stay pending Dr. Dresdner’s appeal of the circuit court’s ruling to the
Second District Court of Appeal. PHO’s motion remains pending despite the Circuit Court’s Order
denying Dr. Dresdner’s motion to stay pending his appeal
72. On March 3, 2018, Dr. Dresdner petitioned the Second District Court of Appeal for
second-tier certiorari review of the Circuit Court’s decision. That case is pending. Case No.: 2D18—
0798, L.T. No. 16-000047AP-88A.
D. PHO’S CLAIMS AGAINST DMD PA
73. After DMD PA and PHO began to proceed under their Agreement, PHO discovered
several shocking actions by DMD PA that resulted in a number of affirmative claims by PHO
against DMD PA.

74. Specifically, PHO discovered that DMD PA:
a. Failed to provide hematology and oncology services in accordance with
Paragraph 2.5 of the Agreement;
b. Breached the implied covenant of good faith and fair dealing;
c. Overcharged PHO for DMD PA’s chemotherapy supplies sold pursuant to

the Agreement;
(1. Refused to pay to PHO United Health Care (“UHC”) payments, accounts
receivable, and refunds made to DMD PA that are owed to PHO;
18
e. Sold damaged furniture to PHO under misrepresentation of its condition;
f. Refused to pay to PHO a drug rebate received on behalf of PHO by DMD

PA;
g. Refused to pay payroll processing services fees owed by DMD PA to PHO;

and
h. Refused to pay PHO employees’ wages for work on DMD PA’s accounts
receivable.
75. PHO raised these issues many times with DMD PA, including in its formal response
to DMD PA’s demand for arbitration under the Agreement on March 23, 2016. (Ex. G). DMD PA
has refused to address any of these issues with PHO.
76. On October 6, 2017, PHO’s counsel in this matter sent a Demand for Arbitration to
DMD PA’s counsel and DMD PA’s registered agent with a deadline of October 20, 2017 for
response. A true and correct copy of the Demand for Arbitration is appended hereto as Exhibit K.
DMD PA has not responded to this Demand.
77. Neither DMD PA nor its counsel have responded to PHO’s Demand for Arbitration.
COUNT I AS AGAINST ALL DEFENDANTS (Declaratorv and Iniunctive Relief):
DECLARATORY JUDGMENT THAT THE ORDINANCE VIOLATES THE FLORIDA

CONSTITUTION AND INJUNCTION TO RENDER THE ORDINANCE
UNCONSTITUTIONAL AS APPLIED
78. Plaintiff hereby restates and incorporates its allegations in Paragraphs 1 through 77
above as though fully set forth herein.
79. Plaintiff requests a declaratory judgment against all Defendants that Article IV of
the Pinellas County, Florida, Code of Ordinances, § 70-301, et seq. Wage Theft and Recovery
Ordinance (2016) (Exhibit A) violates the Florida Constitution on its face and as applied by the
19
PCOHR in this instance. Plaintiff requests injunctive relief against Defendant Pinellas County to
render the Ordinance void ab initio as a result of its unconstitutionality.
80. The Ordinance is unconstitutional on its face and as applied to Plaintiff.
81. First, the Ordinance is unconstitutional because it unlawfully preempts and
overrides the Revised Florida Arbitration Code, Fla. Stat. § 682.01 et seq., which provides for
strict enforcement of written arbitration agreements. By overriding the RFAC, the Ordinance, on
its face and as applied to Plaintiff, violates the authority extended under the Florida Constitution,
Article VIII § 1(g).
82. The Florida Constitution Article VIII § 1(g) grants a charter county home rule
power to grant laws that are not inconsistent with state general or special law.
83. The RFAC specifically governs agreements to arbitrate. Fla. Stat. § 682.013. As
such, the RFAC preempts any county ordinances that attempt to circumvent valid, enforceable,
and irrevocable arbitration agreements.
84. Through the RFAC the Florida legislature established a detailed and thorough
scheme for the interpretation and enforcement of arbitration agreements. The RFAC espouses the
general public policy embraced by the State of Florida, as well as the United States as a Whole
through the Federal Arbitration Act, that arbitration agreements should be generally enforced by
the courts and disputes subject to arbitration agreements should proceed to arbitration. Fla. Stat. §
682.02 states, “An agreement contained in a record to submit to arbitration any existing or
subsequent controversy arising between the parties to the agreement is valid, enforceable, and
irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.”
20
85. In compliance with the Ordinance and using its quasi-judicial tools for making
wage complaints, a paITy to an arbitration agreement is granted an “override” of the RFAC and its
contractual obligations if a dispute that would otherwise fall Within an arbitration agreement falls
Within the scope of the Ordinance. The Ordinance, therefore, frustrates the purpose of the RFAC.
The Ordinance is in direct conflict with the RFAC and cannot coexist without creating confusion
and uneven application of legal proceedings.
86. Being in direct conflict with the RFAC, the Ordinance oversteps the bounds of the
constitutional authority granted to Pinellas County and should be declared null and void ab initio.
87. Second, the Ordinance is unconstitutional because it is overbroad and infringes
upon the constitutionally protected right of Plaintiff to enter into contracts, as granted under Florida
Constitution Article I § 10.
88. Similar to its conflict with the RFAC, the Ordinance oversteps its constitutional
bounds by impeding the ability of parties to agree to arbitrate their claims.
89. Third, the Ordinance is unconstitutional because it is vague and ambiguous in its
application as to contractual agreements between entities that are not in employee-employer
relationships, Violating Plaintiff’ 5 right to due process of law as guaranteed under the US.
Constitution, Amendments 5 and 14, and Florida Constitution Article I § 9.
90. The Florida Constitution Article I § 9 mandates that due process be afforded every
citizen. The US. Constitution, through the Fifth and Fourteenth Amendments, provides the same
guarantee. When a statute or ordinance is vague, it denies constitutional due process because it is
not precise or definite enough so as to give fair warning to a person that their contemplated conduct
would Violate the law.
21
91. The Ordinance, on its face and as applied to PHO fails to give a person of common
intelligence fair and adequate notice of when the Ordinance might apply to an agreement between
entities. This imprecision invites arbitrary and discriminatory enforcement of the Ordinance
against persons improperly classified as “employers.”
92. In this case, PHO had no warning that it would be subjected to the Ordinance as a
result of a contractual arrangement with another Florida Professional Association to purchase
assets and services. The PCOHR interpreted the Ordinance to go beyond employer-employee
relationships and attach to any contractual arrangement that includes payments to a Professional
Association.
93. Fourth, the Ordinance is unconstitutional because it is vague, ambiguous, and fails
to protect Plaintiff’ 5 right to due process of law by not providing an adequate opportunity for
defense of the claims asserted against it, by not requiring any heightened burden of proof showing
fault, willfulness, or actual damages before imposing treble damages and by not allowing any way
to challenge imposition of treble damages, by not allowing stande defenses of law, and by
presuming that all claimants are automatically deemed “employees” with standing without
providing any means to challenge standing of a claimant;
94. Specifically, the Ordinance, as applied by the PCOHR against PHO, did not afford
PHO an opportunity to present objections, raise counterclaims, or assert adequate defenses,
including but not limited to the defense of setoff. The PCOHR did not allow PHO to raise adequate
objections as to mandatory arbitration, nor did it grant PHO an opportunity to be adequately heard
on those objections.
22
95. The Ordinance, as applied by the PCOHR against PHO, also unlawfully presumed
that Dr. Dresdner, as a claimant, was an “employee” of PHO without providing adequate means
for PHO to challenge Dr. Dresdner’s standing to bring a claim or his status as an “employee”.
96. Also, the Ordinance, on its face and as applied against PHO, unconstitutionally
imposed treble damages upon PHO without any requirement that the special magistrate find that
Dr. Dresdner meet a heightened burden of proof or to show PHO’s intent to harm. The treble
damages are mandatory under the language of the Ordinance if the special magistrate finds unpaid
wages. Ordinance § 70-306, 70-308(a)(1).
97. Fifth, The Ordinance is unconstitutional because it violates Article I § 22 of the
Florida Constitution, which guarantees that “[t]he right of trial by jury shall be secure to all and
remain inviolate.” PHO was given a single manner to respond to Dr. Dresdner’s claims before the
PCOHR—a hearing before a special magistrate—and its right to a jury trial was thereby unlawfully
removed.
98. Sixth, the Ordinance is unconstitutional because it is an unconstitutional ex post
facto law, prohibited by Florida Constitution Article I § 10. PHO entered into the Agreement with
DMD PA on March 31, 2015. The Ordinance was not passed until November 2015, and it did not
come into effect until January 1, 2016.
99. The Ordinance unlawfully invalidated the earlier-made Agreement with respect to
arbitration. Pursuant to the United States Constitution article I, §10, cl. 1 and Florida Constitution,
Art. I, § 10, laws are considered to be unconstitutional as applied ex postfacto when they change
the legal consequences of actions committed or relationships formed before the enactment of the
laws. The Ordinance does not fall Within Florida requirements for valid retroactive application.
23
100. Declaratory relief is proper regarding the Ordinance because Plaintiff has been
placed in an irreconcilable conflict between the Pinellas County law and Florida state law
governing arbitration, it is now in doubt about the enforceability of its arbitration agreement, its
Constitutional rights Within proceedings initiated under the Ordinance, and the lawfulness of the
proceedings brought by Dr. Dresdner before the PCOHR.
101. A bona fide actual and present justiciable controversy exists as to whether Pinellas
County may assert authority over PHO, classify Dr. Dresdner as PHO’s “employee,” and impose
the consequential and punitive damages of the Ordinance against PHO. There is also a controversy
as to whether DMD PA is required to pursue its claims against PHO for payment under the parties’
agreement in arbitration Where Dr. Dresdner has independently pursued claims before the PCOHR.
102. On March 31, 2015 PHO and DMD PA entered an Agreement whereby PHO would
assume DMD PA into its practice and DMD PA would transfer certain assets, obligations, and
physician services to PHO.
103. After the parties executed and began performance under the Agreement, PHO
discovered many Violations by DMD PA to the Agreement, which it attempted to address with
DMD PA. DMD PA did not respond to PHO’s asserted Violations.

104. On May 16, 2016, Dr. Dresdner made a wage theft complaint with the PCOHR
asserting that PHO owed him back “wages” under the Agreement between DMD PA and PHO.
PHO repeatedly raised the PCOHR’s lack of subject matter jurisdiction, the impropriety of Dr.
Dresdner being considered a party to the Agreement between DMD PA and PHO, and the
applicability of the arbitration clause to any and all disputes arising out of or relating to the
Agreement.
24
105. There was no method for PHO to raise stande defenses, such as setoff and lack
of standing, in the PCOHR proceedings. PHO attempted to raise defenses at various stages of the
proceedings, but its defenses and objections were either ignored or overruled.
106. On August 15, 2016, the PCOHR held a hearing before a special magistrate. During
that hearing, PHO raised a preliminary objection to the proceedings. The special magistrate
overruled the objection and required the hearing to proceed, suggesting that it was not her
responsibility to decide application of the arbitration clause.
107. On that same day, the PCOHR issued its Findings and Order awarding Dr. Dresdner
treble damages of $205,645.17, as well as $457.78 in administrative fees in wages and treble
damages under the Ordinance and awarding the County administrative costs.
108. On September 8, 2016, PHO appealed to the Circuit Court of the Sixth Circuit
Judicial Court for Pinellas County. On February 1, 2018, the Circuit Court quashed the PCOHR
Order and issue mandate on February 19, 2018. Dr. Dresdner appealed the Circuit Court’s Opinion
to the Second District Court of Appeals. That appeal is pending.
109. A controversy has arisen and at present exists between Plaintiff and Defendant
Pinellas County concerning Whether the arbitration clause in the Agreement is enforceable or
whether the Ordinance and its procedure Within PCOHR override the Agreement and state law
concerning arbitration. A controversy has arisen and at present exists between Plaintiff and
Defendant Dr. Dresdner concerning whether he may bring a wage theft complaint before the
PCOHR. A controversy has arisen and at present exists between Plaintiff and Defendant DMD PA
concerning Whether it must pursue claims for payment under the parties’ Agreement in arbitration.
25
110. A judicial declaration of the constitutionality of the Ordinance is necessary and
appropriate at this time for the reasons stated above and to prevent future controversies arising
between other parties to arbitration agreements or subject to the Ordinance.
WHEREFORE, Plaintiff demands judgment against Defendants as stated in its Prayer for
Relief, below.
COUNT II AS AGAINST DEFENDANT DMD PA (Compelling Arbitration)

111. Plaintiff hereby restates and incorporates its allegations in Paragraphs 1 through 77
above as though fully set forth herein.
112. Florida Statute §§ 682.015 and 682.03 authorize these proceedings to compel
arbitration Where a party to an agreement has issued a demand for arbitration and the opposing
party has refused to respond to or comply with the demand.
113. On October 6, 2017, Plaintiff served DMD PA’s counsel and registered agent with
its Demand for Arbitration. The Demand sought a response Within 10 business days from October
6, 2017.
114. To date, Plaintiff has received no response from DMD PA in any manner.
115. Therefore, it is appropriate under the RFAC for Plaintiff to seek this Court’s order
compelling arbitration pursuant to the parties’ Agreement.
WHEREFORE, Plaintiff demands judgment against Defendant DMD PA as stated in its
Prayer for Relief, below.
PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:
26
A. Declare that the Ordinance is null and void ab initio because it violates the Florida
Constitution and conflicts with the State legislative authority and the Revised Florida Arbitration
Code;
B. Issue an injunction voiding the Ordinance ab initio to the extent it violates the
Florida Constitution and conflicts with the State legislative authority and the Revised Florida
Arbitration Code;
C. Declare that the PCOHR’s Order is null, void, and unenforceable; declare that Dr.
Dresdner does not have standing to make a claim for unpaid wages under the Agreement between
PHO and DMD PA; and issue an injunction voiding the PCOHR’s Order and staying the ongoing
action by Dr. Dresdner, currently pending on appeal before the Sixth Circuit County Court, Case
No. 16-000047AP-88A;
D. Declare that the Physician Employment Agreement contains a valid and
enforceable arbitration agreement between PHO and DMD PA;

E. Compel DMD PA to proceed to arbitration pursuant to Fla. Stat. § 682.03 with
regard to all claims or disputes arising out of or relating to the Agreement, including but not limited
to the issues raised by PHO in its Demand for Arbitration and DMD PA’s claims for unpaid
amounts due under the Agreement;
F. Award Plaintiff attorneys’ fees and costs as against Defendant Pinellas County
pursuant to Fla. Stat. § 286.01 1(4) (2017) and as against Defendant DMD PA as a matter ofjudicial
discretion for DMD PA’s refusal to adhere to its arbitration agreement; and
G. Award any other relief this Court deems just and proper.
27
SIGNED AND DATED this 5th day of June 2018.
Respectfully submitted,
Jamie Moore MaIcaIio

/s/
Jamie Moore Marcario, Esq.

Florida Bar No. 0089366
Thrive Law, PA
2260 Fifth Avenue South, Suite 1
St. Petersburg, FL 33712

Main: 727.300.1990
Primary email: jamie@thrivelaw.com
Secondary emails: shannon@thrivelaw.com
eservice@thrivelaw.com
Counsel for PlaintiflPinellaS Hematology &
Oncology, PA.
28
Filing # 73085591 E-Filed 06/05/2018 11:39:00 AM
fiémfiiw {immay 'fifi‘ém as? mmg-x fiigfim
£3: mm {ésmaéms
fiemgfiafiéma
Mag3%: fiégamaiamgv wag {iénmiagy‘ Efi’fih
"frag mffiwma‘é: mmgiaim nil sigma fimfi wax. émmfi

agmw mam m maémggam
fiméfiai fiag’gfigmw £5- ax? Afigwi 22m; MM a‘éiazégg
ma» mmgfi aémflfi mfiem 2m: mmfmrzmiz‘w

v waaamm gzmwésw: {a wfiwwia 31%: magma
«axinaaxw
ma mfiwm m? gmam 1% gm
ix +23%ng mm
1 a 33%: mmw gem imgaém 3% @me
we fiwwfiégm, méfw {my wgmmfiiaiém:
@mfi’wm mama? m @833 m mama
WW3 :2an gamma a: mm am: mama sags-3‘:
2::
322%
m {3313
'?%;@ :th 33%}; 'iémés‘ mgmmmwémgaz i? gamma Wm azfifimmf im Wmfiam

m gs-mmm wfiammg am miémsm. am ix} mm“; mmgfimmimfigm
mm, w: W; iméiénmw am ayiétfiawa gas-WW???“ W Wffim my; fifiifi? fins-*-
Wiw W WW
7???? if? 3
fisifimfififi
:fima g:
a?» tam; 3%?ng <3? wazga fiwfii
Ws'ss m? iéjmaégg
2.. 3m fiawgéaimz af'mgfi $39352
,gwfiffim a. flaw a £413 aim fizz; a? ma? m “3;: Mimi mama?“ a? gig??? ark}? gm
Ezzffi fiw 33%
W mm m: fififigfi :3 {Wm my sag: mg: m “zmm'é 253mm?
fiéwafmg ésmawé
affixig
mfiééam {fig $52; gmifiaéa {aumg gm 3'3;
23” mm fiagmmémalg;
.i
‘
éwfwww mawém mfim :33? $3M mmggmflé gummméi its: §§°¥§§J€€§$§b§§3§ am? 3%}
313$??? :32? 2?? m {Saga £3? firfizmfim a? 9m?» 5&3; {22¢me Rfif‘ém
“
'
M3 fiamfim
ma“; I??? 3%? figgééé} a?
53223:: gm‘yw
m am
gel?
mam 23%"
a? aim:
gm
mnwg
mmm magma: fiwfifié‘fimm
m {Emma @5563
:3? $33M
$9;
:23, mmsiagm :2»? $223: {imma-
"B"
EXHIBIT
29/101
Sammy $23m§
,
wag mi afiamgfim gags/wars? m §3°§3$§W§g§§ a}? m: {3mm :23? {émfimmgsg :3?
fimxéfiagaway: flaw £52
3.‘ fimzfifimm £15? 232% 3mm wag;

kamfimé £23?- mg £32.: mm gm; mg; a:
MK“ afiamg‘ém, 2m? ammmmma

$1.. fiégziém {afiéfiiéw mgiiiégfim:
,figwm gmfisifiw‘ is: 133% gawfifim
fizzi‘émmm {3% fiimai§m flag-3353;;

é??? amngaw wiééfé
‘
igmwfififisfifi} a? m {‘m H
:23?
Mfidav
mmafi- mi wwéezfiw 3:22 we mmm $3262

mmmafiw m5: .§?§3«$i§?{g}§§} a? $9; fiwfia
a? mdémafimg a}? Wmfim {Ma-3m, fiéfiégsmg.‘
as.
3% fiafiiw {2? warm m 2m $833; @339 wag Maxim, fiwzgm 2m wgfiamfwm fimffi'?
fiéggmmm
vfiwmg Witwégfimf
’
$223 w Wm“ . ,,
’53:“? fmfigfi° a}?

»
ifmk fflfimmmmiwéaé
'
-
Wt. ........
:3
”me
mmgamam
“€wa
kflma as; p WW
rw
m? m mg:
wwmfi m fimawaémé' mammw
83% she;
3:3?
Magazmdwfig}
93% $3fia§23§32¥<§wg$§$
if} $.59 fiammzimfiig; aw mg- {Eamfimiai‘ fig;
{Mmfmim fiéamiamfi,
’3 “-83% Wigwam:
SW mm 2% 232$ £2233??? :, a? gm mamawam} swag wax a may mg:
WéMfi mi mgm
mm
$13 $323 wwmw
MWfi-Qfifi mi mggwé fizfisfi'éfig m: awagyémmm fimfiw 1.;an wwgmz. magi; mix
{tmgiaim 5g; ifzmfifim, s‘émmwwé aw $3 méméaim m: faiéizz-m:
“i
MimiEma ifimwgfi gm fififim E’émzm fight?» m8 mmmém firm 3%
ii
mmmmg Mm?immfifig
{3822;33in
mg; wawém by m: afiixfimié Mm 8 mg? mwfiw {3? 2m Qfiém

m wwwaim
at?
m: m2: wwwmésifi m mm
sis?
Mich 3%
£3?
Wmam Kgfiifl‘é §
mi m afifimgamfi fim‘ fiwm mm% a 3m gmzswxé a?

:s
mammiaéa am wyaizw m fiéfiai3% gammy

‘.
mw
‘
g
"
943% $3 23m: is;
fiézsmfi a»; mam figmmmmm‘g gamma: m gm fififigwm

fimém
fiawfi me flag: fiamgsaifig finfiéfiggg i away
ii" Rmmfimi my mmgsiammé g?“

“
33$ 33 mwmmm 33% mmgrwfiz €95 aimsm.
in {gm 3mm}??? at}? g g
-
{3:6
mmifiggg
$33331?
153,3"
agmmwfia {1:23 $§QVSQ&
imfifiy m: a mg}? Qf‘éiww finfiénga mg flaw haw fiwgz figs isgasé £23 may; mam
ammfi m mmmmi 33:?sz ma; mm mafia
:2: éaia
W méxaizwga} ’3
233; ,. EEK
fax 23:” wmfi r:

v
.._ 2533a
fimzijiim {Sway imim a3? .iézxmag: Qégm
»5%»???%§.'L§1:%f§i§%§%§m‘fgf‘ggzgz; §?%§ mg; wmggg mg???”
am w? fimzmfi
5:
~m‘co:-:-t.:.:.:.:-t.:.f.:mdo“.
2;
m.
g; g: {
mmgm mgwfig
2x 3% ELM? ‘
mg ’
gig g
%
gmw‘wg ggggwwg
a: X 3; M??? , ,W 5‘33
$§3§$§§x§§§§§3€f§§g§v§g egg? ’5
WEM‘ Mmmwmfiw Mgfi

u
CaseI#:
Number:18-003699-CI
2018035305 BK: 19930 PG: 855 02/02/2018 at 04:51 PM, RECORDING 7 KEN
AM“ ' ‘ ‘ “ CLERK=
# 7‘30855‘91
F'i’ling E Fifed 06/05/2018 11 39 "00
v_-.----—
'
NOT FlfilAk‘UNTIL TIME EXPIRES FORrREHEARING AND, FILED, DE'ILE‘RMINEDV

'
3' -
IF
I‘
“1
r-
[N THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT ‘ ,
‘
J IN AND FOR PINELLAS COUNTY, FLORIDA

-
.
_
-
APPELLATE DIVISION -
,
-
'
-
_-
’ “
PINELL‘As HEMATOLOGY AND

ONCOLOGY,PA," ‘
_
j .
.
Case No 16-00004TAP-88A
‘ '
_
Petitioner, -
_
_
' '- ‘
‘ ‘
‘
-ucu. 52201’6qu00047xxxxc1
v I
DAVID DRESDNER, M. D.
‘
'
1, -
_
_
L7
Respondent ‘ -'
‘
f
I: I
x
N
. '
“ 3 ,
I
‘1'
x. - .
"Opinion filed ..
.
g
a} "N E g
F
.
Petition for
= ~
e
rt
-
of Certlor'ari
A
1
r~
. .20
xmz'm
D?
a /
‘3
-.1
_
91%
-
«5%..
_ from decnsion of Special Magistrate ,
gag
%
g
_;'
L E52: ‘
“
_
Plnellas County Office of Human Rights
'
Em \I‘Ej
.t,
=3
g5
Pinellas County, Flonda 3% big:
57>
'5’:
8 a}?
‘-'-’ ‘
3
Jews: Moore Marcarlo, Esq N539"
E3 _;
23
a
Attorney for Petitioner
'
_‘
_
William
,AttorpeyforRespondentl
b
eassMy, Jr.) Esq
-,
'
PER CURIAM. .
Plnellas Hematology and Oncology, P. A. seeks certiorari reVIew1 of the oral ruli'ng _,
on its Motion to Stay Proceedlng‘s and Compel Arbitration and the “Findings and Order“
of the SpeCIal Magistrate for the Pinellas Co'unty Office of Human Rights, both rendered.
a‘galnst it on August 15,2016 Upon reVIew of the briefs the record on appeal. and the
applicable case law this Court dIspensed with oral argument pursuant to Florida Rule of
'
J
.Appellate Procedure 9 320. The Petition IS granted.
\
n
'
Althm‘Jgh this case was filed as an appeal, the proper remedy'IS a petition for writ of oertIorari; therefore, the Court»
w111 meat It as such Fla. R. App. P. 9.I040(c); Villa Lyan, Inc. v Peréz, 159 So. 3d 940, 943 (Fla. 3d DCA 2015).
S__ee
*’**EI?ECTRONICALLY- FILED 06/05/2018 11:38:58 AM: WMEED'CLERK OF THE C’IRCUIT COURT, PINELLAS.COUNTY*** .
‘
PINELLAS COUNTY FL OFF. REC. BK 19930 PG 856
(-
Statement of Casé
This case involves an issue at first impression. In late 2015, Pinellas County
enacted a Wage Theft and Recovery Ordinance (“Ordinance”) to “eliminat[e] the

‘
underpayment or nonpayment df wages earned by perSOnslworking"In the county."
§70- 303, Pinellas Cnty'., FL, Code of Ordihahces. Afiy persoh._ employed in the county
A
who'IS ow‘ed more than sixty dollars In unpaid wages may:file a complaint with the Pinellas
County Office of Human Rights (“PCOHR“). l_d. at .§ 70- 305. lt'
IS_ undisputed that.‘In March
2015, PHO entered into a “Physician Employment Agréement” with David M. Dresdner,
M D. PA. ("DMD PA”). At some point. a conflict arose and PHO withheld payments
allegedly due to DMD PA.__ .

.
v.
/ ‘
,. -
On May 11, 2016, Dr. Dresdner filed a complainrtwith PCOHR undér the-
‘
‘1
KOrdinan'oe asserting that Pinellas Hematology and Oncology. P. A_. ("PHO") failed to pay
him wages oWed. On May 16 PCOHR mailed PHO a letter informing it- of the wage
complaint and procedures. On May 19 PHO responded via emaii asserting that Dr. : ',
.
'
Dresdner was never an employee of PHO; therefore, the Ordinance did not apply. 0n
May 20_ PCOHR sent out a form letter to both parties acknowledging F_’H0’s response
f but indicating that the claim was still in dispute and offering to facilitate the conciliation
_prooess required by the Ordinance. On May 24 PHO emailed PCOHR to again assert
that Dr. Dresdner did not have an employment contract with PHO. rather DMD PA had a
contract to perform certain services. On May 29, PHO sent another. email to PCOHR and
attached a letter and a form agreeing to conciliation. The email requested PCOHR
respond to the attached letter and specify why this is a wage theft issue when it is a
contract between two professional associations. The attached letter asserted the same_ ‘
arguments and questioned Why the Ordinance applied to a contraqt dispute. Further PHO
asked PCOHR “to lpok at this'Issue closely one mqre time” before sending the parties. to
“-'
conciliation. .On May 31, PCOHR emailed .PHO stating that whether a claim is valid is
_determiriéd by the Special Mégistrate and if cbncilia'tibn fails, "the Speciai Magistraté will {fl
‘-
look at the contracts both parties provide and determine whether or. not [Dr. Dresdner]
9
was an employee and if [PHO] owes him wages under the Ordinance." PHO responded
\
baCk via email and Stated the conciliation was premature becaLise it assumes an
4.‘
employeelemploy'er relationship. P-HO, .asked If anyone at FfCOHR would look at the
35/101 Baylawsuits.com Page; of 7

I"
K
\..“*-.
c_bntract béfore schedugfng conqiliation. PCOHR responded in the negatiye' and ésked if_
PHO still Wanted ‘.to'-participate in bonciliation. PHQ stated that't'he process‘did 'not make
‘ ’
sense, but PHO would participate.
After conciliation failed the matter was set for hearing. On July 5 2016. PHO ‘
_
submitted its answer to the wage theft complaint. asserting again that “[t]his is a
"
.
»
commercial dispute between two businesses, and not arj employer and employeé. It
further maintained that the. Ordinance w’as inapplicable because DMD PA'Is not a natural
person as required by the Code and the agreement does not provide for. wages, it
-
unambiguously states payments WI" be made to DMD PA. On Angust 15, 2016, a hearing
was‘ held before a Special Magistrate appointed by PCOHR. At the start of the hearing.
-PHO made an ore te_n_us motion to stay the proceedings and compel arbitration (“Motion
to Compel Arbitration ".)

After listening to argument of counsel. the Special Magistrate held
"that the arbitration clau'se'IS either inapplicable to this proceeding Or has been waived by j
participation up to thié point in--the process. "After the hearing, the Special Magistrates
:‘final order held that Dr Dresdnér was an employee of PHO and that PHQ qwed Dr
'
Dresdner $68 548. 39'In unpaid wages; Pursuant to the Ordinancé, the Special Magistrate
I
awarded Dr. Dresdn_er three times that amount for a total of $205 645.17 plus_ $457. 78 In ;
..
.
'costs. PHO then filed the instant action chaliengingl the final order and the denial of its
Motion to Compel Arbitration.

'
-
. \ r ~.
._ .
.
, j
\
-
Standard of Review .
"Where a party is entitled as a matter of right to seek review in the circuit_ court
'
'
from administrative action the circuit court must determine whether procedural due
process is accorded whether the essential requirements of the law have been observed.
-.and whether the administrative findings and judgment are suppOrte'd by competent
‘
substantial evidence.” Haines City 0mg 3658 So.

.Dev v Heggs,‘ 2d_ 523, 530 (Fla. 1995)
Tl']he'Issue of whether a [tribunal] has subject matter jurisdiction involves a question of-
'
law that is revieWed de novo.’ 'Solar_Dvnanv1ics.: Inc; v. Buchanan Ingersoll &.Rooney,

K.
P.C.,~-211 So, 301294, 296 (Fla. 2d DCA,_2017) (citations and quotations bmitted).
K
1_ .
(I
I
Aha‘iysis_
36/101 Baylawsuits.com Page 3'

of7
'
.
\. . A r .
PHO gaiseS'severél .chaillenges to the Special Magistrate's 'final order and the_
denial of its Motion'to Compel Arbitration; We'fingi merit only in PHO’s contention that the
Spécial Magistrate's final order is void bécause PCOHR lacks subject-matter jurisdiction.
Atthgugh PHO incorrectly contends PCOHR lacks subject-matter jurisdiction because the
'
_
wage claim :3 subject to an arbitration agreement, PHO correctly argued to PCOHR that
it lacked subject-matter jurisdiction because this is a complex business transaction
between two professional associations: S_ee Bland v. Green Acres Grpug, l_.. L C., 12 So. -,
3d 822 824 n. 3 (F_|a 4th DCA 2009) ("An arbitration clause does not deprive_- a court of '—
subject-matter jurisdiction. Instead much like a judicial forum selection clause, an

"
arbitration clause constitutes a prospective choice of forum; ") (internal crtations and
fl ‘
'
quotations omitted). ‘ _
'
“[S]Iubject-matter jurisdiction concerns the power of the} [lower tribunal] to deal with .
"
‘
a class of cases to which a particular case belongs. Cunningham v. Standard Guar. Ins.
,
C_o. 63080. 2d 179. 181 (Fla. 1994). Subject-matter jurisdiction"Is Conferred on atribunal
by constitution statute, or ordinance. §_ee Strommen v. Strommen 927 So. 2d_ _,176 179
(Fla. 2d DCA 2006) ("It cannot be conferred by waiver acquiescence or agreement of
the parties} '). A lack of subject matter jurisdiction makes a judgment void. |_d. Althou‘gh
Pl-_|O qnly presented the professional “association argument to PCOHR below and did not
‘
brief it in this appeal, subjéct-matter jurisdiction can be raised at any ',time even by the
Court. §_‘ee Hardman v Koslowski 135 So. 3d 434, 436 (Fla. 1st DCA 2014.) (“[A]n
.
appellate court has an independent duty to recognize a jurisdictional defect _even if not
'
raised by_ either pady. ”)_.

/ -
" x
'
‘
r -'The Ordinance states: . :
For any employer to fail to pay any portion of wages due to an

employee according to the wage rate applicable to that employee, within a ~
reasonable time from the date on which that employee performed the work
for which those wages were compénsation, shall be wage theft; and such a
violation shall entitle an employee upon a finding by a special magistrate
appointed by the county or by a court of competent jurisdiction that an
employer'13 found to hgve unlawfully failed to pay wages, to receive three
times the amount of back wages. I
§ 70- 306 Code. The Ordinance defines employee as a natural person. |_d.
'ét
§ 70- 305.
"A corppration is not_a natural person} 'Nicholson Sygply Co. v First Fed Sav & Loan
37/101 Baylawsuits.com Page 4 of”?

.
Ass'n bf Hardee cm, 134 So. 2d 438, 440 (Fla. 29' DCA 1966). A professional
.
association “is recoghized in law as a legal corporate entity separate and distinct from the
‘
persons comprising it.” Gershunvv Martin McFaIl Messenger Anethesia Prof'l Ass n, 539
‘
So. 2d 1131 1133 (Fla. 1989) (citation omitted).
_
Here, a review of the record indicates that the f‘Physician’s Employment
Agreemént" was actually a. complex business tranSaction between two professional
associations. The first line of the agreement states that it "is made and entered into.
; by and between Pinellas Hematology Oncology, PA. (the “Practice") and David M.
"
Dresdner, M. D. P. A. (the_“Physician"). Under financial arrangements, the agrgement
states that “[t]he Practice will make the-[alnnual [s]alary payments to David Dresdner,
M.D., P.A.” Because the contract is betweén two professional associations and the only
money paid‘out or owed was to DMD PA, not Dr. Dresdner individually, PCOHR lacked
subject-matterjurisdiction since the entity owed money was not a natural person under
‘
the Ordinan‘ce. .
Although not critical to the determination of the instant Petitiori, the Court notes
that even the Special Magistrate admitted this case involves “a complicated transaction,"
'
‘
and- stated: .
. -
[Tlhis is not the type of case would be hearing under this

I anticipated I
Ordinance. It is certainly atypical. Clearly, there is a dispute behNéen two

professional associations that is part of what heard here today. I
Buf what do think is that the contract that was entered 'between
I
a‘
these parties is hybrid between an employment contract and a
. . .
purchase and sale agreement. It's got components of both.

And do see that there is evidence that the doctor elected for tax
I
‘
purposes. to be treated as an independent contractor; however. also see I
numerous indications that the doctor was an employee.
Although” the Special Magistrate focused on the distinction between “employee" and
"independent cdntractor, "'she found that the contract is-a “hybrid” and “a dispute betwéen
‘
two professional associations.”
Furthermore it is clear from the wording of the Ordinance that it was not intended
to adjudicate high-value, complex business arrangements. First, the Ordinance‘ 5

I
'
"Ltawglislativré.I findings of fact" state that one~of county’s intentions is to “relievIel the burden
38/101 Baylawsuits.com Page 5 of7

an thepublic that 'subsidize unscrupulous employers whose employees a'rée forced to rely.
o'r
on p_Liblic asSistahpe because of unpaid 'underpaid wa§es." §‘ 70-303, Code. Second Ix,
'
rthe jurisdictional threshold minimum to file a claim under thego‘rdinance is a mere $6O.2
|_d. ai 70- 305. Laétly, wagé fate is defined as “any form of monefary compensation whi‘ch
'
(the exchange __
employee agreed to accept in for performing work for the employer;
"
whether daily, hourly, or by piece. |_d. at § 70—305 (emphasis added). Notably absent
'“from the Ordinance'IS any mention of a yearly salary. .S‘_ree Siggle v. Lee County. 198 So. _
3d 773, 775 (Fla. 2d DCA 2016) (“Our' interpretation of the plain language of [the code] is
reinforced by the canon of statutory construction expressio unius est exclusio altefiu‘s,
under which the mention of one thing implies the exclusion of another. Pursuant to this
'
canon when a. .code provision lists the areas to which it applies it will be construed
as excluding from its reach any areas not expres‘s'ly listed. ") (internal citations a'nd
quotations omitted)»|_n re C. N. 51 So. 3d 1224, 1233 (Fla. 2d DCA 201 1) (“When astatute'
lenumerates the things upon which it is to operate it should be construed as excluding
from its operation things of the same class or category which it does not mention. ")
(citations omitted).
_ , ‘
_
'
Additionally; the Board-of County'Co‘mmissioner's méeting minutes‘agnd a staff
memorandum indicate that the Ordinénée was intended to fill the gap 1611 by the non-
I
enforcement of wage claims find the

'
‘existent gtate-level pro‘i‘ectibn offered by fedéml law, ‘
which has jurisdi‘ctioh bnly over emplog‘qars with gross sales in. c_exéess of $500,000’6r
instances whére interstatecom'merce S_eé-Amended Memorandum from Paul

‘
is involved.
‘ , ,
Valenti; Director of Human Rights to Board of County Commissioners, _Wage Theft
Recovem Ordinance (June 3 2015), available at https: Ilwww. pinellascounty. orgl
bcc_work1201_5 07_30/_agenda pdf; Pinellas Board of. County Commissioners, B_oard

-
Meeting (Oct. 20, 2015), available at http l/www pinellasclerk. org/aspincludeZ/pdf/

_
bcc_minuteslbc102015.pdf. The memorandum states that “[t]his necessarily means‘
smaller employers such as small restaurants, landscaping companies, contractors and
many 'other service-oriented businesses, are not subject.to federal law. Even when
.a
.r".
.A
I
1 1'
2
‘- of any jurisdictional monetai'y maximum. The Ordinance'lS patterned afier
.The Court notes with concern the lack
one Miami-Dade County, which'111 2014, awarded an average of only $2079 per' complainant. In contrast, the
Baylawsuits.com
in
39/101
total amount of wages recovered by Dr. Dresdner against PHO was $68, 548, which'15 32 times that amount.
A
"
PageGofT 5
I'
'
7 .
/ -
federal 'jurisdiction flowé from use of an instruméntality of interstate commerce, not‘all

‘
employees of the business are necessarily co‘vered.” Amended Memorandum from Paul
‘
m. The memorandum extqls the §Iirtues of. the proposed Orciinai'loe including,
"‘[p]rovidinQ a forum-’for filing such complaints withoutcpst to the .éompléinant,” and statirjg
that “the status quo ill serves many victims of wage theft (parti‘ciJlarly' as many work in‘
industries with lower wages and benef‘ ts with a concomitant lack of resources
‘
andlor ability to vindicate their rights on their own) and that “smaller employers, ~
I ‘
where numerous problems exist. are covered." I; (emphasis added).
Conclusion .
- ;
g
‘ ‘
‘
‘
I
BeCaLise PCOHR was’véiihout subjéct-matterjurisdiction ofier a complex business

"
transaction between two professional associations, it'Is
ORDERED AND ADJUDGED that the Petition for Writ of Certiorairi'IS GRANTED.
DONE AND ORDERED In Chambers'In Clearwater Pinellas County, Florida this
’
He day of Emma/”4 ;201s. - -

}
IINDA R. ALLAN
Circuit Judge. Appellate Division \
JACK R. SJ,
'1
ARNOLD -
‘ATRICIA A. MUSGARELLA ,
‘
"
Circuit Judge, Appellate Division Circuit Judge, Appellate Division
.
, .
J
I
Copies furnished to:

.
J
' ‘
:
,JamieIMoore Marcario A
-
William P. Cassiay Jr. —-.
Uncommon Legal. FAA. r

-
. Johnson & Cassidy.‘ P .A. ,. .
_ '
’ '
125 28“I Street North . .

1
. 324s. Hyde park Ave.. Ste. 325 .
I
'
St. Petersburg,'FL 33713 .

Tampa. FL 33606
‘
'
'l.
.
1
..
‘
M ‘
,
.
Page 7‘01“: :
Filing # 73085591 E-Filed 06/05/2018 11:39:00 AM

"WU” m Imwmv yawn lug-sum: ylcwlquo u..- 0-: v..-» u . -3... .-
’(
PHYSICIAN EMPLOYMENT AGREEMENT
THIS PHYSIClAN EMPLOYMENT AGREEMENT (this ”Agreeinem”) is made

andmterédmefi‘ecfiveasofflfisn dayofMawh, 2315 byandbdwoenfimllas
Humming Oncology , PA, (the Practice“) and David M. Dreamer, Md)” PA. (the
"Physicist?
[warm
WHEREAS, me Practice provides Hematology and Omaloy services (the
”Specialty Sea-ideas”) at certain {militia and locations;
WEREAS the Physician desim to movid'e mfemional cue formats ofthe

Practice C'Paueamflaltheofificetowedatfinyfwmonflwmandconmum
specifiedinflzisAgxeemwyand
WHEREAS, why fire. Practice desires in

and Physician the .PhysiCian, the
Wmmempioydbyfiwrmcflmmdmflmmawmimofmam
W
NOW, THEREFORE,- In consideration of me caveman herein and other good
vaimbie mderahon, thg wfifimmcy of which is haréby schnawledyd, the panics
agree as foliom:
l. The Pumice hereby mploys me l’hysi'ciap, and the Physician

flashy implement} tomcemthofieidofflsmatologyandOmbgme
"Specialty? at the fictfity Iowa at 603 Seventh Street South, Suite 560, St. .Pflng,
Florida 33701 (the "Clinic Sue“), subject to the mm and conditions kminmer set forth.
QM"M2§Q§' 21m ‘
mm
2. .
2.:
21.1 'I‘hePhysmanagteas lgworkflamfi) dayswweekformne (9)

months dating the first Make (:2) month‘s am
execution ofth’is Amman. which the
Woe and Physician will decide upon mutually. and to devote the Physician“: run
pmféssiona! attenfio'nm the practice affine Specialty for 1h: banefit ofthe Practice under
the teams of this Agreement; Physician agrees to wmfk thaw (3) days per weak for eight
(”mammemmmm)
WM monthsafierexecxmm $1115th
any annual pefiods should the was extend ibis Agreement. Physician will
actually mgkmesday, Wednwdaymndnmday fiom9:00m until 5:00pm. The
Wandflyxmaboagmmazmmmweekday, weekmdndrfm holidaym-
callorfimdayhospfldmundsmcontemplatodaspadofthemkfiymianisexpemd
to complete; mum separate}? agreed to by both the Practice and Physician.
agrees to mowing hospital rounds at Bayfiont Health and '31. mm
Physicim
Hospital on the 3
days heworks if requested by the practice influx ofmoming officchmlts. Physician may
r01! ova up to one (I) mom}: ()de vacation time par year, ifhc'IS unable to use all
vacation time fwmmep'reueding yeardne to sicknm orhmpimlization.
EXHIBIT "D"
41/101
05107116 10:30AM ‘David 8: Arline Dmsdnér 1273!“ 0.950 Page 3
all
2.2
the Pmc‘n'ee the £03ng
2.2!
W
customary certifitznafls, pmfasxbnal
Physician hareby repments. war-mats and covenants tn
mPhysicianhas andwiilmaintain forthemofemployment.

umbmhips' and licenses reqnimd or
appropuateforthepmhceofflxsmalty
2.2. 2 Ike Physician shall mainmm chum! privileges at Bayfront Health

and St. Anthony’8 Hospital to pennit the Physician to patios-m all services required affix:
PhysimannndctthzsAgreemanL
2.23 ThePhymcisn Is, andwin remain fartheterm ofcmploymenu

valid mediated and quahfied participating pmvider m the Medicare prom
2.2.4 ROWmMmbrmhoLandmflmmflwmof
unploymentbembmachofimymhawnmwhgmommmmtflmmafim
fimeysmansabilfiytopaformhmunflerMasamutofmgxmm
Amt, wfllnarthsach mysuchoomacgobhgauonwcovemt.
2,3 .
‘
z
.
. .\
~.. Mmmandmrkofflmefihyszwmcmde but
are not Kama t6, logy aha oncology serum and adnumsuauve dmie‘a of'stafl'
supervision. The Physician achwwledges that cmajm mics and regulauons must be
mbltshedwdmmmmedbyflwmymcimfi’mnnmcm timcfonhceifimw operation
ofthe quality malice} group prams».
state law:
The Physicisfi mm w to the following subject to appfimble Metal and
(a) The Practice shalt have the auflmrity to establish policiw

mmmondgmddimsmdmgflwpmfimcfmw mm. On
behalfofthe Mae. Phymcm shall pea-Bonn mviom assigned,to Physician and advise
mmwmfimmmfiewmnmmmofmymmmbyw
Pmcticeinaccordnnca withfltesegtfidelines
(b) The Physician shall not disclose any infdmation {dating to

the Practice, itsemploym, Midas, offices, patients or clients. minding
infinnwonmgatdmgflnafi'msoropemtmn «mama, toanyfizird pmfiesdunng
or afierthc tenn ofthis Agreement without the prior writwn comm: ofthc Practice or as
required by law.
We 2.4
'
titanium.
Thefhyaicinnsh’aflprepare and maintain
chum, files and te'eords of all professional sex-vim rcndm‘d by the Physician
undermisAgrcemen’t. Ancmmcmdacasemmfiegpmenthstgmmungand
financial records exmninazion newts, specimen slides, clinical audio: miaowopic
photographs, film and personal and regular files ovum-hing the Pumice or Pafimts.
including. without Iimitafion, patients consulted, interviewed, or treated by the Physician
dnringthem ofthis Wermmhfiles related toPatimts, orderived from
flehmminafionoxmamngshaumngtoand rcmainflwpmpsrtyofmel’mcfice
OGIO7I16 10:30AM David a Arliné Dnesdner 727 34.1 0950 Page 4
Upon termination of the Physicians "employment, the Physician may, upon presentation
to the Practice of a written tequest from a patient and at the Physician‘s expanse, request
and waive a copy of any ofsuch mdical records maintained
WWPMMMWS
for such Patién’t.
2.5 'aitySemcesh
medical mm
ammermnmswntmththeapplicablemfesmmistandmafmandm
the agplimble statutes and mutations 0f the Stale Of Florida, the
Wing comamzaity standard ofcate,&dem!,smeandlocallawsandregulafions. and
the media! staff bylaws, rules and regulations of all faciiihes where the Practice pmvidw
Specialty Scrviim
IN.
'
mmmician-shaudoanflfings
W
2L6 .
’L,
2
mommy wry and desmbic to

obmmng
Miami: me Physician's prbfbasioml skills.
inbludmg, without iimitafign, a: has: the miaimum of contmmng medical
by MW.
education xeqmredby the Physicians liéansing board(s) a: reasonably required
3- 912W,
3 m.1
perfaananaeofflwdunesofthe
The Pumice
Physician
will provide adequate
aaoonmnplmd hibi'sAgwmemfor
facilities for the
conducting a profezisioml practice in cordbmily with the ptevailing Standard ofcam in

thacmnmmny. Thefiysicwncmanmmttommpemhanyomwmlunder
flieconmiofthel’hysmanwuse,anypanofmepmmsesoftherchibrmy
pumoflmamtheperfmmofsemmhmmdwemeptasoflmmseagmdw
4W
inSecfiou103.
4
" ”
:1” "1' TMthwmupmwfiormsatohepmwded.
m
13'
3.32
the Physician with a reasonable

recommend pawns to me Pmfice.
mm af support personnel. The Physician may
A ‘ .
.
41 _ _
Infonnatim"shafl meanmfonnahonoffimmccoxthcpmmwmmchflmm
ae'rvim, or panes firm We): the Practice receives mac‘s (wuecfivcly the ”210:6ch
MammmewemmeWmflmds,
Farms”), (Whether written at
From
nmkefingdamfeemhfiules, ortradesecmtsofme
oral), pertaining to bugi‘nm management at economic
Panes, whcflxerornot
such Confidential Information Is diam or otherwise. made available to the Physician
hymemmmpmmmmmmmmdmymmmnordommem
executed by the puma pursuant to this Agreement. Confidmfial Information does not
include‘any infdrmfiontfiatthePhyslmancanwabhsh(a)1sorhmnesgenmny
available to and known by the public or medical commwlixy (other than a result- ‘ofa non»
panned Gimme directly 0:: indirecfly by the Physician or the Physicians affiliates,
advisors, or representatives); (b) is or becomes available to the Physician on a non-
confidenfialbasisfiomasomceoflmrmmlhemted Pm‘tyoritsaflmatmor
06/07/16 10:32AM David & Arune Dmsdner 727 341 0950 Page 5
representaum provided that such source is not and was not bows! by a confidentiality
agmcment with or other obligation of secrecy to the Protected Party of which the
Physician has kmwledge; or (c) has already been or is hereafier independently mulled
or developed by the Physician without violated my confidentiality agreement with at
other obligafio‘n of secrecy to the Wanted Party.
' '
4.2 'ThePhysicianwillnoz
diaclose any Confidéminl Information without the Protected Party‘s Written authorization.
nor shall ma Physicihn use such Confidmfial Mormation
W
for any purpose other than to
momhkaMWMesmderflmAgreememorunderaffilmd
e
agreeméms between the Phystmn and/or the Promoted Parties». The. Physacim will keep
thonfidenmlInformauonconfidennnlandwmensmflmthlsafiihmm
Wmtafivcs who have moms to such Confidential lamination comply with them nor:-
disclosm o'bfigafions; provided, however, that either party may disclose Confidential
mfiomafiontoflmseofitsaffilmmd rwhoneedmknawConfidemia]
Infoxmafion for the purposes of the Agreem‘mt.
5-
5.1 W. The pay Physician an annual salary of

Practice will
Three Hundred Thousand Dollars and Zero Center ($300,000 00) (the “Annual Salary”).
The Annual Salary. will be ”divided into mm
(12) equal monthly payments, which are ’
due, byflwfifieemh (i'5)day9fea¢h month. However,the Pushes may have upto forty-
five (45) days fiom the eficuve date of this Agreement to make Physician’ s fitst
W.
monthly installment payment The Practice will make the Annual Salary payments to
David M; Dresdner, M.D., PA.
52
Physician, including malpractice
Therctncewfllnotprovxdeanyothubawfiuto
msurame, hgatth‘manage, CME, Mon (except as
5.3 mm.
otherwise set foflfi mm), Miami: or pensionplan, or licenses and memberships.
insurance for Physician.

mmmllmtpurchase malpractice
However, Physician must pnrdlase and maintain maibmctice
We,
6.
this
Te'éfi_"
6 1 W.
Agreement shall
continue for a term of two
comm
The man of Physigian’s employment under
of April 1.2015 (the “Efi‘ective Date”), and shall
as
'(2) years (the “Initial Tam”), mums earlier terminated as
provided herein. UpOn expirafion of the ham! two (2) year term or any renewal thereof,
this Agreement Ml! automatically be mnewed for addition! one (1.) year periods.
HoweverJhasAgreemwcmbemnceflodbyPhymcmnmdmnmonmcmafier
one (1) year of service from the efi'ecfive date of fins Agreemm ifPhysician notifies "the
Praeticeinwritingwithatleastthzee(3)months’ notice. Eiflaerpmycantermimtcflais
Agreement with three (3) months’ noucc afler expiration of the Initial Term.
06107/161032AM David B: Affine Dresdner 7-27 341 0950 Page 6
Subsidi'zafion and asset paymmts (set forth :1: Sections 9.3 and 9.4 below will be
honored byboth parties even ifthis Amen: 15 cancelled
" ' ‘
6.2 u
'» ' '
ThePhysician'semploymnt
minam upon
shall
immediately We the death "fifths Physiman Bithér the Packet: :0: the Physician
the Physigians employment 1f the Physician“rs Disabied. Subject
to applicable law. the Physician ls ”Disabied" ifthe Physician:
may
(a) is index-Mega decree ofinoompetmcy (the due ofsuch
deuce being deemed‘wbeme date on whiéh such disability own-red);
(b) submm mydmmfordmbdztymsmwbenefitsoxfor

cafly distribmmn of any amounts from a qualified pension or pmfitvzshmng plan
mahminedbyMPmeueeonmmtofmomfimfifiyWéfidebxfltyfme
Moffieeadmtafmhclmmsshafihemedateonwhmhsuchdxsabmtyshall!»
memmdxor _
(c) is subject to in medical demmmafion mat the Physicim.

because of a marlically detemhmble disease, injury, or 011er mental or physical
disability. is unable to perfbm‘: autumn}! all of his regular attics, and that such
diubihtymdetenmaedotmonableexpeaedmlastatleaatsax£®monflm basadon
then-avaiablemediml infmmntxon.
Amedmaldaezmmaumofdmfihtywmmstuponmemptbyfinsmcuceofm:
writtenopzmonofaflaephysmanmmmfiemysxcmwhoscdismhtynm
question. Patties disagtm with the opmmn of sunk physzcmn (the "First
if 111a
Physician“), itmaycngagoatiis owncxpeweanotherphysicim (the "Second Physician”)
mmfiel’hysmnwimdssabifityismqwsmn.
oonferfifixflpefixst Physxcmandnfthey mgetheragree inwrifingflmflwl’hysicimis
mmmmwx
crismtdtsableitheuwnmopzmonshallbecomlmaswmhdmbihw Ifthc
FnstmdSmndmymxmdomtagregflmysimuchooseamwcownmphymm
(theexpenscofwifichslmflbeborneequaflybythel’mameandflml’hymmm),andthc
wnucnopmmofumagomyofmthme(3)phymcmssinnbeconchszveasmsuch
mm. Thedatcofanymtzcnopmionthatuconchmveastomhdmbfluyxsme
dateonwhichwflx disehl:ty,xffimastheconcluszon.wmbedeemedtohave occw'red.
6.3
'
. Js'
‘
4w u;- Iniheevcntthat
thereshafibeacmmanylegalmummtsonheadoptmnofnewfedaalorssate
legislation. or a change in any third My reimbursement system, any of which an:
reamblyhkelytomauymdadvmlymcnhemmmmwhichefiherpartynny
meewmpemfiedfmhsmaesmdwthmmmwmchsmfimmis
Aymtmlawtifl mewfiesshanimmemlymmmefl‘mmmimoa
mmmmmtmmforwmpenmmforfimmnmmwhedmmm
thismmflmwmpfiwwifilafliegdmfimmmpoficymdexm
ascloselyaswssibletheeoonmcpwuonofflwmpmrtothechmgc Ifno
agreememismchedvfiflfinsixty(60)daysofswhnofice,_m&therpmymay
terminate the Physician's empioymm uponan additional sixty (60) days mum notice.
06107116 10:33AM Dav'jd & Arline Dmsdner 727 341 0950 Page 7
6.4 W.
Wm
waived except by the Written
party in any regard
mm: of
No covenant or condition ofibis Agwement can be
the patios. Forbeamnceor indulgence by
sun not constitute a waivemflhenovenantor condition
either
60
be perfumed by the otherparty to Web 2th: same may apply and, until commie
Wofsaid oovmorcondifion, saidpmy shaflbeemifledto invokeany
W
remedyavailablemdaflfisAgmemcntmby MWminequitydmpit‘e said forbemmoor
indulgcwc
the
65
W011 urine
gm ‘l’heoovemntsandobhgnnonsmtthwmnhImnmvc
Physician’s employment or the termination ofthis Want.
7.
any nomphysinm
patient cats, or mdependm‘t
Naming at this
to direct the Physncm’s
Judgment In the :pramce of
W
Agreement shall be inerpretzed as aflowmg
of {he Spunky,- delivery of direct
the" Specmlty
mermmoeatmousmmay
of marketing the mines oft'he
"
f1
Plastics-1TB Physam hmby whom and upmaves the Practice‘a using the
Phymmhmandhkmmfmmemomofmmfiwmsm This
authdfizaflon win automatically be melted Within one (1) month folbwing we
camellauonorapzmonofflusmmm
Mmmm
9. mrmwandPhysimagmewmmasymofflmadve
resolution that involves bindingarbitration to who any and
film all disputes
may reiafimhip
arise out of(orraiaw to) this Agreement at Physician‘ 3 employment
maimel’mchoe. 'I'Ifisbmdlqgmbamtmnsball fall undauhe Fenian! Arbiu‘afimAm.
'l'hePractmemdPhymman will whbemomible fortheuoumfiesmdcws,
including Mays’ few The arbmatorwili have the anfliority to oxdu all mnefunder
the apph'cdbk {aw arm at issue. To the meat agplicable m civil Mom in the
92mm, 5:: mlm q
United StatesDis‘trict (team, the foilnvfin’g shall gpply and be observed: altrula of
uflme,
an fights to resolution of the dxspdc by means ofa motion
mmrygudmmtandloxfoqudgmm on the pleadings. All
mmmmmmwmnmmmmmmmmme
to, dimiss, fa:-
outcome ofthe arbitration itselfam xii-Miami and confidential By «gaming this

Assam, boththeruccandPhysmanundcxsmdand volmtm'flyagmethauhey
10- W‘m
mgifingupmdghtmauialbfiutyorjudge
10.1 Exceptuommsepmidodinthismmmymfice.
payment, Gemini, rem or commmficafion muted or pemfiued to be given by any
provision o‘fthis wmmwmmmfing andsh’allbeduly givenbyflmappliwble
partyxfgivenwtheapplicablepanyatitsaddmorfacmmdemmbersetforfinbelowm
signame. Anysuchnoficeshall foraflpmpnsea, bedeemedtobegivenandreeeivad:
06107116 10:34AM David & Arline‘flmsdner 727 341 0950 Page 8
Ms While
the
(a) ifgiven by fammfle, when the facsimile 1s to
number and continuation of complete mceipt is receive! by the
mm
Wflmgpmydmngnonnalbmmhomsmmybmmassdayoronfiwmxt
business day if not confirmed dming normal business hours; provided, however, that a
Mmmmmobesemfiamfimaflymogxfizedmdmpmabkwmgmdefim
service;
(b) ifbyhand. when deiivmd;
0mm
W
(c) if givm by nationaliy recognized and mpxnable
delivery mice, the businm day on which the notice is actually received by the party; or
(d) if given by ocmficd mail, mum te‘ceip: requested, pom:

W¢twombusmessdzysafl¢rpnstedwuhme United SmPomlSewice
Seamandodxercuphonsoonmnedmthxs
W
10.2
Wmforwfemwmomonlyandmmmwaymmdedmdesm’be,
interpret, define or {innit the scope, mam! orinwnt 'of this Agreement as any provision
heredf.
10.3 P'hys'iciauwflipmvifleOncThousandDoumdem
Cemfiwcoompermanflxmthammtohel Wformmhlymt
payments o'fflie cmleaseendmgon Damber 2016.
nemwwmnchmmephysmef
WM. Mann!) PAfothotalsumofSSfilOOO Thispmchaflpfice
maybgpaid overflowywsmmmy-four (24)equa1mstanmems Theparfiesagm'e
mmehmnmlogyanflywwflibevahxemewommDonandmoCmts
(32.80008)rffl1e1‘racucedesnest:opmhasenandxsmcludedmmeaboveamount.
W, MD"
PAWWrwWWWmthmphmwfimMQas 143+ V -.*"-_: .i
-‘
H: 5.‘ David M.
MD,
allowedbyfimseprovxdm DavidM. Dmdnm', PA. makesnowmantyor
WMaHormysupphermflmetasucbmngemt
‘
. 2..- nemvenmryowaidMDresdnet,
MD” PA. mflbewuntedonflmhusmessdaybcfmthecfl'ecnvedateofflm
Agreementand wfllbepmclmed by the Practice for cmmxt "onooiogy suppiy" pricing.
Tbs Pmctice win begin making payments for chemothempy and supplies ninety (90) days
after the efi'ective date of 11m Agreement and will be paid monfizly In any event, all
emit
,
107 W.
paymentsmustbamudewmfinsix(Qmonths‘afierfileeifecfivcdmeofflfisAgreemmt.
DavidMDresdner,M.D PHA wifiretflnuseofthe

address for mail and defivarias as long as the mlafionship masts
Physiéian and the Practice
batman
and for three (3) months nae-r any dimiufion of the
relafionslfip.
W
Dre’sd'ner 7-2? 341 .0950 Page 9
06107116 10:34AM David aArlfne
ofthisi
10. 8
Agreement, t
hid
M. D'x‘esdner,
For the first fines (3) months foaming execution
two(2) of his fonner bflhng sm‘fi' perms] for the

MD” EA
will have up to one (1) how: to utihze
of collecting his
receivables. The Phyaiciim will bear the mists offlie‘ employees’ time Physician may
unlxze the fame! billing staff manual on each day, Monday awash Fdday, For the
W was
M
mm
second consecutive three (3) months fofiow‘ing executinn' of this Agreement, David
Mex, MD” PA. will have up to 0123(1) bowie utilize 0113(1) ofhis former billing
on each day. Monday Waugh Friday Physician will bearihe cost ofthe
employee s the Electronic medical records, wrmen
mammwmmcm Site, hummesolcmopeztyofmvzd
Wren and billing sofiwaire
M. Dmdmr,
MD” EA.
W 8mm limesformefiayfiom
’ ..
'
3::3A1LAE.;- Ali
Tam
: a.
mam shall be p926 by the PM“. cable, imam, and any equipmcjm
contracts-will be paid by the Practice inunedmely following the date of this Game
W
1010 BxceptasothmwxsepxovxdedmflnsAmmt.
memwhmetoanddmmwesm,m
tbssAgreemcntshaflbebindingnpon
deviseés. assigns, legal museum mm and adminisa‘ators.
i0. 511 The covenants

commas independent ofmmfiamdasobhgafimfimfiomwoxhamm
in this Ament shall be Was
Walkel’hymcxanandthei’racuee Anyciaxmflmmel’hysmanmayhawaganm
thstcdceshannmwnsuuueadefemtomfommembytheMceofflns
‘
' ‘
.The‘Parnamthis . acknowlcdgethatflxeprmmm.
Wig
portionsthereof, oftmsAgmemcntshaflbedeemedmemblemdtbemvahdityofor
of anymm‘vrsiumot phrtion memo; and!) not Meet the" Validity of
enfomeability of the other mvisions hereof: I'fany provision, or man thereof ofthis
Amenitis unenforceableforany won, 1t xstheexpress mmafthsi’axhamatmh
the
00mm
Wit:
2012 W
mmmmormnuthemof ahaflbcappmymtely limiwdandgivanefi'ea lathe
mmtemfimumnybemmblcmmMMmofihcmunorarbxtmoror.
Wave, suoli provision
jnfisdinficm
com regains ozfiemise, inchxde

mmmmmliindudeSwfimsui 5. LL 532,68:
10 .13 W.
We;
shall! be
a
all
MW‘
lesser
Mmafiswmmmmmmmmme
in its entirety.
limitation
ifs court or
than what is stated
mlhsecfions, paragraph, etc. that comprise such

Section and/or subwction. For example a reference to Secfiozi 5. 01, unless the
This Agreement embodies the entire

amdersnmding among the parties hereto with mpect the Physician‘s m
mm
‘a‘rbiuato:
moment by
is:
mm
of
not
8116
the Mae
and supersedes all prior ageemems and madamdings, ifan'y. among and
between themrfiasrelafingto thembjectmmterhereof.
06107116 10:36AM DaVId 8: Arline Dresdner 727 341 0950 Page 10
10.14 mm
Masha!) begoverhedbymonsfiufifindenfmcedmaowrdamemthfiehmfiflw
This Agreement-M the fights ofiflze parties
W
W
State of Florida excluding conflicts of law profis'wns. Any action brought to enforce the
terms of this Agreement shall. be .brdugh‘t In the Sixth Judicial Cimuit' and for Phallus m
Cmmty. Honda or the United Sinus District Com
for the Middle of Florida
(1mm).
10 35 Both pmfies have had the oppommity- to have this
Agreememrewewedbyiegalcotmselandbeadvisedbylegaloounselastofltengmsand
obligations ofmh‘pany. 'leisAgreementshallmtbecomdomemom
strictlyWmemflmmemaonmmmmmmtmmydmfimf
waspmpatedbyapartymhismitsmmel.
‘
1016 ,l .
,ai Neithetthel’rachcenorthel’hysicxan
ufillbemsiblcinmyflshmnfbrmypnorlegalactionsordebtsofmeoflmpmy
Meximdmacuwdpdwmmecxmionofflfism
10-11 mm. The Practice will pennit Physician to maintain his
10.18 W.
entrant consult room while empbyed With the Pawnee.
This Pwfice wit! pay. back to i’hy‘siciaa the
10.19
compmbfiling sysn'emandm
W.
applicable; security dapom't within {bitty (30)
"
days following execution
The Practice will pay fm costs attaining

aim Agreement.
“ ‘
for the
‘
new
10.20 3 Pixysicianvn‘nbefizfly forthe

Wofmymmmmmmmmmflmtmmfmdmm
‘ ,.t _
AnymwmemmmmormmeEMmeeoflm
Practice.
Amwberennbumedtomdumesdw M11, PA. Wnthixty603days.
06(071161056AM David 8: Arfine Dmsdner 727 343 0950 Page 11
10.2!
ofwhich aha}!
ofthe
W
be» an original
mmmztheMeshemmexmmdmfsAWas
dayand’yearfimabow written.
This Agreement! may be accented
and, collectively shall camtimte
in 0031mm each
one instnnnent.
PHYSICIAN:
Pincllasflematolqu Oncology,- RA.
By; i
.
“*bg/Qem '
Date:
me: WM“ 3/31/15
Address f0: Native:
{waifqdéfihw 5m?!
.
1097', mat FL 3570‘?
18
Filing # 73085591 E-Filed 06/05/2018 11:39:00 AM
I I 1m)
Replesenting Management Exclusively in Workplace
Jammy-Is no.
5m Ashley my.
ammmv
ALIILQUERQ‘UE, NM
mums. m
mm. st:
nonsmwmj
mwmxzmgu ummsn
WM:
Law and Related Litigation
5mm mm.“ mwvomm

Jackson levws
Attorneys at law
mmm1a an 512W
nusmux
wmmam
mum. .u.
Hammer
[{0me
mmm
um”,
mm r1.
mason. VA
ounce comv. CA
momma."
ammunmcn
manna
SAN moo. CA
F“ 313 512-3211 nos-rm, MA us mm. NV onuwmo. H. m: mucusco. ca
myoknnlawissom LONG BMND. NY M SAN JIMN, PR
mm
CHICAGO. IL PHILADEIPHIA.
W“.
mp“ 0" L05 ANCELFS. CA PHOENIX. AZ SEATTLE. WA
ANDREW R. LINCOLN, ESQ.

MY DIRECT DIAL IS: 813-512-3218 DENVER. CO
MY EMAIL ADDRESS ISMDREWLINCOLNGJACKSONLBWISCOM

mum
man W
mum
mama
WLWAIJKEE. WI
m:
rummonm
PORTSMOUTH.
momma, "
srwmnm'r
33m" mmm
wremmm
.
March 14, 2016
m FEDERAL EXPRESS
Dr. Pratibha Desai

Hematology and Oncology
Pinellas
5000 Park Sheet North
Suite 1 0 17
Dear Dr. Desai:
Our law firm has been retained by David M. Dresdner, M.D., PA. (“ MD”) to address
your pay certain amounts owed to DMD, and other issues relating to his employment
failure. to
agreement. Please direct any further communications on these issues to my attention.
You executed a document dated March 31, 2015, outlining certain terms of Dr.
Dresdner’s employment with PHO (the "Contract"). That Contract sets forth, among other
things,your unequivocal agreement to pay DMD
$25,000 per month in salary, as well as
$496.25 per month in physical asset payments. you agreed in the Contract that your
Further,
obligation to timely make salary and physical asset payments is indepcndent of any other
obligation in the Contact. Put difl’erently, these payments may not be withheld due to any
dispute otherwise involving the Contract or any other agreement.
As you are fully aware, both the salary and physical asset payments are currently past due
month of January, and after today will be past due for the month of Fehnmry, 2016. The
for the
amount Wrongfiflly withheld totals $50,992.50.
Shortly before Dr. Dresdner left the country in January 2016, you informed him that you
believed that there was a calculation error in the total that PHO pad under section 10.6
(Chemotherapy and Supplies) of the Contract. Dr. Dresdner assmedvyou that he was willing to
address and revisit the calculations in, order to resolve any dispute over those amount-s. Despite
his good you indicated to Dr. Dresdner that you are pmposely withholding past
faith assurances,
due salauy and other amounts owed to ‘him because of your unrelated dispute under section 10.6
of the Contract. As stated in the Contract, however, you may not unlawfillly withhoid salary or
physical asset payments as a bargaining chip or leverage. You are in breach of the Contract, and
DMD demands that you deliver the full amount OWed immediately. Any claim that. you are
Baylawsuits.com
"F"
51/101
EXHIBIT
***ELECTRONICALLY FILED 06/05/2018 11:38:58 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
Dr. Pratibha Dcsai
March 1 201 6
4,
jackson leWiS Page 2
Attorneys at Law
holding DMD’s money in “escrow” constitutes nothing more than a continuing breach of the
Contract.
Despite your continuing breach and mlwillingness to amicably resolve these matters,
DMD has upheld its contractual obligations and, as assured, has reviewed the amounts due under
section 10.6 of the Contract. As a result, we have enclosed a check in the amount of $18,521 .76
to correct prior caiculation errors. Do not mistake DMD’s compliance with its contractual
obligations as acquiwcence to PHO’s unlawfxfl tactics.
DMDis prepared to assert its claims against PHD in arbitration if you do not
immediately comply with the demand set forth above. PHO has until 5:00 pm on Tuesday,
March amounts due to DMD. If this amount is not received by
15, to physically deliver the fill]
Dr. Dresdner by that time, we will assume that you intend to continue your violations of the
Contract and that it will be necessary to protect DMD’s rights by immediately filing a complaint
in arbitration against PHO. Please be advised that this is the only demand letter that we will
send, and the next communication you receive, should you not comply with the above terms, will
likely be the service of a lawsuit seeking money damages and other relief to the fullest extent of
the law.
Govern yourself accordingly.
Sincerely,
JACKSON LEWIS P.C.

f"
~
'
/ “I; »
Andrew R. Lincoln
ARL/dmd
Enclosure
4331-6037—6367, V. l
)
DAVID
cos
, ,
M DRESDNEH MD PA
7m STREET scum. sums goo
.—* Vim-a. ‘
5"
Wm
€15 :‘t‘e‘flsu 3""..m'1n‘r
nomwuomce
' mm “W
E'E' 8455
3455
ST. PETERSBUHQ FL 5191
0314341631
DATE AMOUNT
"awn-«I.
03I14l16 S 18,521.76
pAY ”Eighteen Thousand Five Hundred Wenty-oneAnd 76/100 Dollars“Wm ‘
TO THE ’
820E“ Plnellas Hematology Oncology PA ~r

‘K
> g
4
5000 Park St N I {-
St Petersburg, FL 33709
{LA muffin” , i
a ;‘
amt " ~2m1;;~m;_~m_u,l> ur'm! ; s” lau-
‘
If ff ,:
r“ A 7
u-uoauggu- KOBE l'lhfllfiil: 30031.23!"
Filing # 73085591 E-Filed 06/05/2018 11:39:00 AM
{Erma-fixwg’i‘fiazmig
$333} fifé’fii Ems; 35,
’Eie? £23 S’fifi

5°38
“WWRWAWR
m3 EWW
323%
“263%: 33g Ziiii-éi‘
“KM figxwmmflww‘
{Wrm,Limfiagéggwmfiwémgsmé
mg; ymwmmfi '3?me
Msxémw a £m& fisgfiim

Eazakam 3;ng
fimr
$363k E? w“
m mm; mm mm 3%- 3%
‘3‘amggsm 3%, @2366?
m :xé'zgfim,mmwam
3m» Makes?”
Em Wag figmgéw WSWfiw Ma?

WQW 31$sz aficifimkmu $3356 fifléfié"? 23'
"
mafia
\-:
Wyaéafim
1%? 'if .
Em 38$:ng WW as
21:39
mwmm 8mm mm
wig: mag-1m,
3:4 3%
M.13,, §‘ 2%.
ax: gm um §
534:}
mi W @631 was: immm M13323: JRW? ma May»
gaggmmmmmw
Em afifiifim 333:3?
afim’fi: éwmfiggfiiws ém wwmz 13m kwim' m mwémis:
magma in
‘v'.‘i:'::,:.::::v
$222: £§3§£m§z§g swim:

A.;:;.vfi-,-.r.
mmmg wmwmafémm: 2:2: giafifam
so
fifififizg fimmm mg am:
maxim $1; $222: fifiiffifig
Wm gmwzmm fir: wmfi m: m m:
magma $6M affimga mg fifiiag mm aw :23:- Wimfim‘ mi $3- mix af'zm gafimfia,
» pmim mmgamgy
mam.
WW mmm fizz mm wia’ému: $33in a?
w mama
wing
Mg 3% mm? am
mm am ayfimv gmmm fink
2332:
9mm
$22:
m "
a: 23m
i‘iiéiag
gamma Nam? mi
wmgm m6 mwm
gmaiiéczg £8: mm mix, 3'33:
m; -5r22=£3»§m«§
'
23%;»? mm mama #525;
.33: gm” fiemfiy amifismsfi :8 Wm was i«

ism“ {was 5m
"94;: mm;sm ss‘ 9:» 9:33.32 $5§é§<fi€2 2° wwgfiwxwz
EXHIBIT "G"
54/101
.A
Andrew R. Lincoln, Esquire

Mm“): 23, 2016
Page 2 "Ww“*
InadflifiombmdnarhasfinfledormmswepmdueamommmPHOfotmc
marina and nnfler Section 10.6 ofthc Ammant.
These actions constitute a breach of the Agreement and the covenant of good thith
implied intake Memént. As a mail: of this conduct. PRO hmby
MW We!»
éamsgesihatithasw.
In addition, PHD intends to pursue claim
-‘.;-.
. ._
ormnedmorcauswofmna lewPHO, angri'whlchmexpmbvmved. L
8.5911131 ydnhavc any questions regarding this mm; ‘plcase dim‘a‘ct yn'm' maximum
in me.
RCMm
~1-
"L"
,w..-....m:=-
.-
.
wnc
:vv...‘_-
Amu-
vvwo
IPA 512138844”
‘
WWRA. l WATLAW WWWV‘LW
I
Filing # 73085591 E-Filed 06/05/2018 11:39:00 AM

Pinellas county Office of Human Rights
ms.mumm 9" Finer
Wt.
was Hematology and Oncology, PA. May 2016
$33756
(720W
1mm WWW?
Fax:
(72?) W
W
16,
do 0mm», KMD, President
St. PM
5009?“ saw Nbfih, Suite 1017
FL 33709
Case NW:
Dear Dr. Pmibhh,
Enclosed is a copy ofa Wage Thea Complaint against your business which we-received fiom 25
thoaflegmmwdhepmedwkflyommmmmm,
mmmwmmwwmnapawmmsw
mommmmmmmmmmwmmmgmwmmnommammm
am. armermenasComuyCodes
mesa!
wagemefiomsmmmmmmwmypmmofmmmmmfimmdmg
§7mormmmmmmmww
mmwmmhmblcwfiampbmmmmawombkmfiomficdmonwhichflm!
empioyeeperfiomedflmworkforwhichthosewages mcomensafion. Uponafindingbya
Spmflmmmthatmcmployerfafledmpaymoramofmgw mchviolafionshau
Mawmmmmwsbackmgammmmhqfimdmmwmbkmm
fiomeysfiummmmemlmumedmmmmmmsm”
You are required, under Wage), to file an
twentyoone any: (21) ufrweip’! ofthis nofice. Please
am nferem
make
our omen within
to the complaint with
tothe use numberabowon
your mponse.
{itsthepoflcyof‘thammytommgewncflhuon otwmphmmAfiermemmplainwmed,
of'bo'fla parties. l
mofiwwflmflinaflamcfiafionprmhatkmptbmbflhemphfintbywai
mm
egmntact the undersigned at the telephone number below Hyou wank! like
our munce'in'fscflmung a committal: agreement to complaint.
'lf‘yt'mdo no: dispute underpaymenflnonapayment, but dispute the amount of the alleged
underpaymenflnompayment’ or some other facts in the complaint, please inform the
nademlgn'ed. This is may result 2:: a shone! concilmion process and a reducflm in coats to the
Employer in the event the matter proceeds to a hearing.
In the event that the conciliation grow is “fused, within fifleen (:5) days after nut omee
mmmmtmmdfiafianpmwmnm eitherpartymaysnbmitswm
request for in hearing before a Spédél Mdgistmte‘.
mMcvmwmcmmeMmmmmfieCompmmnbemfmmgbefioma
Spammmdmwhfihaamewommmflamefiafimmk
mummmwmmmmbwmwmemmmmm
mmmmfiequdmflneflfimfiebackwmwedhaddmmwmmmfl
mmmwmsmmmdhmmmkmmm
Thank you firyour Mon to this mm. lean bamnched at 727464-4880.
8:1:me
“
Lisa Paste:
y to:
Please address
Pinofias county
315 Court 3!.
of Hm mm
Gleam. FL 33756
Baylawsuits.com
EXHIBIT "H"
56/101
gym: §bmfia§3ma§3fafifiizkmgi‘nagm-
35am wmfimfiw fviasy Lil 3% M3 W3
’33:: fiw i3
5 {3% ix
Mam wagfi m5: fiamgfiaim fifféafiay'éé was $23M axmasw Rama @E‘sfififié
Wm Wummm 33 figs: rem: afsa Wxga "$5.5: flamyfizm fifiéma: 3%??? E’wm mésmmzam ééexm fix: fimfim
{Mam}? mass 35%
Wary 33.2395: Swag-$995232 ge§i¥§z§as via.
52m»: we: We {5512' mega-(2mg? «fwmmw fmxmfi'lm 63333453»sz wig: éae' ”ms/Mk? 3’9 rzzwfiaimm
*‘
fiami «WWW
£223., ark $€?fifi& $53fi£§3<
*
{is}?
:fiaénfi: §3mxer§§sasztg
‘3
was
$11;
"32%;"? 9'? § '2’
fissms: fibéssma. fiwnkwr
€Z§§W¥ms fiwmgf
§§§"
37w: gag ggzsé mm: 3:: giagyfima gsffisam ass-wins; _§§¢3’$3’$’§8§£‘ 283 a§§¢s>ze§¢ messiam
.S‘sémm
gm“: ism-m fiesm’fiw
'V'
”23"?" ‘
""":<;<;«”;)3§(\<<$&'mxm‘\ {75223325. :flzw wmgzk‘wfb’zf ms‘ 53:? 599.82st
2°”
t'zazmbw; a
g gim‘a‘i 25$Kfi$§£3163
£97.33 ’?2%: Sfimi $6332 Kai-£35: 5%
‘6
3353233 233325-
3§§3i
"fi
Ekigm- ”gamma“
“magma
{Eamzzassy mmgm 2m,
Wan 333.32 2%?ng $13 §§3§s {éfi’m by fix 33$?» fiagasraesseaaia: a§' Eiaseésaxw «mm: m eemszks'ss‘ gwmsmzza mafia???
£33 3%
31:} {f3 immmmrsi: {$532333}?
{:3
Kfiw
§T§§m was: iffz‘ézwfi 23.:

g’sfi-ww £336: mséisges :g-gégém 32;: 332% aim-3:“
{:§g§g
.
)3}
a -
£313,822: m $3532”??? am; $33 fimwzggszay?
1‘
:23; m ~
3?: -§:§‘2& fimggizz‘yw m wfimmaw"
Mar EM 2ng mew” . , ,, 592%? rwrsm
.>:‘
what: WW1 :2? Mai: w‘ggm 2m 3?

as: GWW? éifémm m mg: $§§3§g
:..E;
13523931131 §333f<§ 333$; fixrwazzg (1-8
mg S‘Ei‘ihfi 113333}:
“M;
if: &' fi": ”332$ Wk 23%. sisésxzi
B “*fl‘f
'
a“ was Ski? $t2é‘§zi:st‘ss.zsz'sw erg-i. § aisazaiié haw: was;

'
,. garish gas-«e 3333713

.
5:: Siiasiu‘izfismf gazv Mam 3mm {$313354

A i
3 ’5'“? Wuz‘ mix-:3 was}: fisszzafgh mam
{3 2; w‘g‘ 335? {5323 V '
3'33; 323%» 3‘
‘ .
3:? $253: $5.329: ;-

«was 55-3 km; #5; gyms mag”
2} {33‘3“ Wm $3
M“? “M mam
$5853:
96mm»
fifififififlmfi % Wm Mg 353§§§ 33“: £3395, $393235" 32.33919 322': warm“ as; M Ma 3m? 51m :z'z’zisei'smisés'z was. :sssszi § shmifi ézm 3mg“ fig fifiéerfim mmfi
wfiwi $333335;ng 1316525? WW mm was?
§*§'{5§§2§§§3§ «ragga 3383': 35}
fir;
ii" 3:223;
mkuiglm
ziésmkm
:>;
«-§ was. £33332 mid mmaiméam ms Wmm» m 19%;? {gtmééam n
g‘a‘, 53.64193? fizwia‘ we was gm; mg g3” mm: 3W? massmgggggg,
Wim'e wags: 33a: grafzzé §$:?'$§3:§¥§%.3’W Wm M: Mafia?
Wkrzéma- .
?‘$ $29 3%.: “$4425 a382§§§35®82§$§ §$¥fi§¥t§$¥3
«gm; wammézm {eagm is £35}
333%? Emefi $63.? rung fim‘sia {-33.3
MM 8:32; «23%;? {$3
”£23m §§a§§g§gsmggiw imva $3 $328571;
“fi'fifi'ag amiss; Wen: “m $24? £":§.&.§i§:§

I31;
$333383
w:
v
flaws; mgésam ésaw 311:3: wfimisafigfiyour magi 3mm «3ng ms: flaiEm:
mm 3.182311% 28‘ mmfié 5:12:43? warm gm smash.
fi-‘zséae: .fifma mm”: my fissmmma swagwkyé’gMMejvwvédM 23.2 {my 4,3332% May-ms“ fisaika‘a‘fiwm‘y mm» amt? gm,» £32333; warm”?
3323 3:633 flew my gmgesmm?
”3’2;
{3
Ra
i‘é‘ym 53km mméx myfigm'fi»
3:822: 3365;: M»; as

’Wéz Wm mix amfisyw?
33'
gm, gémzr mméz W»:
5.3%.: 3232; Mm a 2m mwséfi?

fi‘s’m
@3332;
ES gm gsiaas‘e 32mm 5%: sawwfi,
Mi 53533;; mum‘s a wamwfima ~z‘wgs'sizafi £63:- yesw assxgsakfi mg“?
‘sz'
{:3 my
E'f
«mm: gym“; msaazzkvazgyaasg
Wm £2,222 «39% wifiaiak $3 332 32923in :33” {$542 wags: Wei: mm waéw $223”?me gammy mam magwgg'agkim Wigwam: m’ Fisseéiaa {Team}?
{3%
Wtéflmm Mafirm
»?}Q‘3 m 53mg: mafia, Ma 55313
(Sky
85:33: ’i’ciarsézssfg
$335
{iii
2332 (39938.
33 3763’
3359??? ?§fié
fizs§§§5m§ Pfiwiéim
m gem-2' x figs/pm: mamas“: {Qwaé'em fwé‘amfim Maj-‘3’
“$32.9;
{3
,
sisegfisg§~£§a<§§£§§«smear?
$9433: Isa? Sam:

35‘}? $8»?er
Ema flag? waskeifi’

its; M33“? :1
k 14% mama“ {waxy siaigaksgm was: £2; agmw'z‘éw?
{3:2}
fies
{:3
:32; 2%:an
23?“? 3'83? Wifl'iwtaiw 3:}: W :s'sfifim‘éwy i251” afiz‘ma‘smwfim £92 m; m m’mmy? ifi‘ m, WWW: «ma-m gafmwmm Him»
““7? .4»,
’3
{3&5 res
«1-K
{3N8
ARM’Wyflmmmig Exam
Assfimw 3: Léa’mém fist-g;
fii‘efi mmega £33". gwm 5331532236?

{133’
'3'W53.
Sam:
:32;
$333 {raise
Fm.“ glamm?
‘iSENSXW
fimmfim
332' safimigfiag iiéoés- aasaagmx’m stiffifiwiig 3 fiw’iawi asm'm' gmafii‘é‘m wiz‘gsgrgw 3»

’3‘
3M: {ism maxi: 332 fwaggniag wmfifiai a’ififiaw‘m as sat {859:
aw Wm
{am mates-12::
Eiee
ii! an: 3?th
«my waxi'éiuiiwmfiammy {38> i’fimifims {fazmzfs may Tit/xii
§§sasi~
Efixmmi‘mm Wm‘éfi wwiiisaitim afifim faifi 3 wokzmmé W539i 38m mm? §'£§‘§3&}$‘5§§§}§a
my .mxgrgsssréiizg émmsswigéiw
nE1
gmm,
w§§mé§ Mi";
gag 3 Eizszm‘fiigermwsé as Masarmgsa {éais scmyé’nisfifitefiw awfiwg
eaificfiiwg may award may maxi” as? haw-583;; am
'§
§3¢
m
szfgzsma’s‘sess» émumw’m
2'
§ Isa-meaty aged». $3 ‘33:;
3‘2
Magma
8-3 mmandwsésmé’ as? mmg’ésm mimic, ram-é smfiészfi 14 my}! af‘fi'sis mafiiséisfi $3; at“: mama the mggizmgm“
iéa‘ as {Mir 'fi‘zzs-
@5me
*'
Kigfizmseai
ii?
[1317mm .QfAlfidavit Accepted
Emma:
*
Dhie.
zon-n
Filing # 73085591 E-Filed 06/05/2018 11:39:00 AM
Pinellas Hematologic Oncology, PA

5000 Park Sm
North, Suite 1017
A
Saint Petersburg, Florida 33709

mmibha K. ammo, mm Syed H Abid,‘-MD., may
May 19, 2016
Sudhirj. Ham-haw. WSW MD.
Ms. Lisa m2,

Pinellas County Difioeidf Human Rights, 315 Court Street
Seawater, FL 33755.
Dear, M5. Paste”,-
We' have waived a letter from moms DatedMaufi-lms {Case Number wr-woooaa).
! would Klee no quotevthefwowing Pine'nas County Ordfmnce:
o sum-Wmmmm
Fox-anyempioyerwfaflmpaymypmumofmosdwmmmmamingmme
applicabietotlmamployee,wiflImammMefimefimflwMMfluchmmmmfimadflmm
firwhflfimewagwmmmmafimsbaflkwagemammfimhaflmflmmmwpm
umammwawmmwwmmmwamofmmmmfiNm
Whfimmmmymwwmmmfiwmmflwmfibmkm
(OriNn. 15-44, 1140-15)
Please feel free to cam my ofio‘e for 3mm! infonmtio‘n.

mints,
”M'fi‘éQW‘
Patihha it 0258‘ MD
President. muss Hematology & 0mm. PA
mmmmm
13?330fi9cMM&fik£,fludmiL3-OGS?
IOUSLW,E33708 msmwmmm,&mmn33nx
GAIWFLSB'HO
1258Wen83y9dvefiulte '
41149100th NW, Suite 301. Pam Ham. Fl. 34685
COMPOSITE EXHIBIT "I"
63/101
Wm fia’ébmmm: wkafimatizgsfiémwmmmp
mm Emmy. Mats? 24, Efiifi 3.3% 3%
m: fiasgtszfi». $393 ,9;
{lira «:meaawfimmmmm»
§u¥3§afi2 Fwd: mm: 223mm fimfiy*é‘mqam
3;th 3f§3§§323£3§§fi3§§§3$<m§
{vi-3 '31.:fim fimifi

§ M: £3 “my aefifyaw ifigififil
Q§£ wmiifi 33%: m -
m: 3m; m 2% Sim m: 2mm m amfiagg‘wmi aux-3mm Wifiéi

63m 3133; memge:
3334i? fiméigéfi {Bur-Swag? ¥g§fi$£§3$i§m mama Wifis §§§v§€§fi§§ my; mmm wmfig a: -‘
,
fifiififi §fi£§§§2€§i i233: gamma $3 fiakeiiwfiam. 2.533332% mmmies fmm mxmm mmm magi $313 32535 mm my
mama Mama gm mmm mm, Wis (was; ymm mam $3!sz mam“; $33? 33mg wfiam fiisgmm
$5255 afixgmm 333$ am} was? flaw-$3. mafiafimw M €332: mg: a mzfiiazm; Wmmm Miami: 3xs$gs3 Magma?
mmmwr, fie; m Mzmsxfisxi aim
2:3? gfimm $33 $3.43 $32?
fiwfl‘
Wafihfim mm
“v
mmm mm
'fifimméi‘ am: 3%:
S’wfimw ¢4§§§£fim§§3£¥8633§€§$§3¥8§§§$9533.???
mac: ‘S'mmsfif'fi May 33:? 2:36 3&3}? $2M

m
W
m
fim’wéi,
Kéré: {Bewi-
3%:
gm
gfigmgw hatter §mm
3:.
9mm {Ia-WW Wm {3% flamed} fié‘gfim
gigm iifia '25:;-

3%: 233% m3. ‘mzzkm sum 2‘
(346‘ mi Wisfifa is} £22 agaism i3: ma? wé'sfii armafiéé
fima {mm my Efimw
{3:2 Mag; fig, 328% a: fizfi‘: we; Eiaréieéiiz, Lésa 27%

-
'4
:30
5‘
3:62:33: Waitséfia Mm i
mm: fiwflag. my -
“33:32:
an;
fimkaiéa
kéxiiz zéami
my:
3% -,
mm
> >
fim
‘ >
mam 21%: 3i}; $352313 gem? ., .m. 33 ital-315% fiifim a? fiwmfiifi
'ikfiaa §§r§&.?mi§é§§,
ffiamkg :er rmfiingi

mww firm gamazm vi‘mmfimfim
,
gmatme gs twig £2: mwimm

’ ’ ’
E is is: as: wmmgsfiw 33m

maimi 33‘
éixgmm E3 as: amyiazgm 3‘
mmmym him“
is $5322: may we E-a:._ymr .sgz'afimgz wfim $123}? 34:29:: a: 32:: “mama: {mi 2m afiméafiz‘z maémwa?
’i‘ifimfimé
figfi figs. 33%;:
(“m 33%;! May 3E 3&5 at. “R 35%, i’mmiéig 1% A. '~
$32? $3”
22:»; RM. :3
"my
'
'
:3 we hm flaw:
fiafimfir
’
..
fio’figzsfig?
.9:
gimme: firmmm {kw §ma§i§m
ma: §Q§3§§£§¥g way mm m
i’im Msméi, £396- A
239?;
' "
v
w
Pym-mm {Mimi
{Em ”1
fiasfim; was: 313$ Wm M. zitazszzééw {mm a? Mm m
Mg E’géfiifiéiit
Mmahmfi flaws: 23% Wait} Eaémm mg mg? as? figfifiéfi mmfiésgfim fém‘
mama :msgitmfi $2} Kg; WW; Eagmm W371? {kés waga mag Esxm $3? Mia? Wham Wg 23mm mama:
méfiz m: £3335,
$m§i§3§m flaw:
fimfikmmm( ‘afikwfii
fiawéiax irziemflakagyék {fimiwgyzi‘fiw
£2236 mg. Smw
fizaéim i533?
am
m gang, R.» £33541}?
fizz?"
3M; 6%? Ehmtaa

“R? 33% $333 $334.
flimsy mm; fiix-sfimmafiemfl mmmgg ma? my amizémm mi amfiémiézfi m3 353:

‘Emméfifi fax
2322?:
mm;
masz‘imi-séa
Ex.
am a? fix fizzfizfiremagg} was: way mm ézgii’krmafim m: §~z prapfiamy'mé mm
ifizfiméufifig mmfifiafiégx as: £W£W£s§$§ 3mm; ’Esafasmiim awe;- Eiiwfiék. gym: 3?? rim: $3232;
§1§i£m§aasai
mfipém, gim fimmefiiaéeiymmm fine «was: by mkfimm 4322: fig? mm m sigma» :33 mpm
0f gigs
magma: $wa am a hams}; rwisgsémi. MW? fimémazéz: 3&3; $313332 maize m gmmyfiz 555m;
akmgfi
war games; Mafizwa
-05/30{2015' 13:47 7273193920 DESAI~PAMILY #0492 9.001 [003
:-
no
.buOn—uun
‘
”an-
P“ “as Hematology and Omiogy PA
M.
'SGOO’Park Stmet fipnhég‘gte 1017

;
1 st; Pfiersburg. F’— 3-3?99 ,
Phone: 72?3446569-Fax: 7273844388

1
May 29‘” 2015

H‘
Pineflas County office of
.400 S.Harrlson Avenue a m} water. FL

Attni Ms, Lisa Pastel!
'
near Ms.Postefi,
Attached please find «new 5' «signed form for conciliation.
{want to clarify this issue _

.
2 Dr. Dresdner do not havei’fempioyee“ status with mom.

Hts PA, om: mating, MJA has a wmfiwifih vinallasifiem'atqlm ofiwlogv, 1%. He is no; on
«mom
payroll Since tit-1", his PA received payment, from No, PA ta mm «mammoth.
mom does pay any
not.
Imam}: understand why
Because otthis conflict

-
Thanks! 3
; Kb W"-
ratibha 03583, MD.,MPH
‘
.
Director
Pinellas Hematology and crummy, PA
“a...
05/36/2016 13:47 7278193920 DESAI¢FMILY 90692 9.003 1003
_,-. -, .1.
.
m.“
9mm County one: «Human mm

L...
Dr. DavidD
we. cAsE NUMBER: Pecan mas-00032
Finalist; ‘
ammbgymA
9mm cqumy museum-song) was Womaofflmn C

Rama: V‘Wondwwomanoomphmmdpumw
meant)! Nonmematseq.
Comma
byam «‘
~.
3
PinflasOouMyOfioeafl-iuman
byline
medflborwndanytfflngsatuumg ambmmoomzrmtea
n
ghbmoonmm
“gem.” c
nmmainoonfidema! wmmmtnmywayinany
laterpmnwd
Concfiafiuu mommabastopponunayformapmflmmhavedm
Wandwnudhmmuumofawagadmpm
Manse
confirm
M"
Magnetism
mmmtempmcmomomummnum M:
wmmmm
WWWAWHW,
‘
m T “'3" 8mambefaxedmmnmmi'Gleam!
FL ~ 5‘“
w...
. F1991;
é-
‘
unvw
33756 armies!!!)
my.3 an:0: "1-.sz s:
”lamina [ om mantafiveifo‘rflw 0011133193an
,
.
3L
{Ich WM] PA,
swam/‘4 new
«JIM Dmde-«dnevm
f" ‘
hénafiiafiff p-A
F...
”do
'
"
MW?! qfiw
“Data‘s by the Finalise County
Wail-{mu u ,andmybecontadedasfoflnws.
...
""“'"*Name:-'
2 ,
Ififyfiklpfl
“4";an 337a
PWB'NW
emflk ‘_
”~.~*~.l«~q-Mlu~ww-‘C——$—;fimw
_
EWAddm' Lam '
{9.64. .
”Mmum'mwmmmvmmmwmmamm
Ofimaffiuman
~v~vw~+m~wn~gn~
- ~ . . . ..
0. 7'1- .
:v: '-""'V'\V¢b\r—‘wb~1uuu . pun )h
a~
Pimcwnwomwdflmmm
Dr. David premium
case NUMBER; PGOHR wr-‘ssooaaz
mmmam
We)
vs,
PA
'
mummmdwmmMmmmm
nmuascoumycodasy,7(mmcmmommm
mmmmm—mam
memmmmanmmmmm
mmmmm
hyammmandamamswmmmmmwfiatea
MWRMMwmmw
WWW
wnmmmmmmwmmmmmam
..
mwmmmmaawm
WMWWMW
memmmmmammm
Wmm
-Wwaw
marmummnmshm ME
mmmmmmmmmmm
‘
33768 ate-mum
Cmmm
_Im—flnm&mmampmwwvabrflwmm
I
«mayor.
omoadflmmanmmhaWaswm
am the Respondent
..
"
.
'
-‘
,
sc
ht
t,fw¢g«MMrm” v
the
min/457%flm/ajy Pfl'pfi)
baud aflne‘ajnwl
'eonfilaflmoflemdbymepmflascoumy
A...“
.
..
a; $.17.
»
. ‘
‘.
. 4...”, .. ‘4“
”{ydfk’lbfi
Inqu x’ ’1’”
’
'
Named Fififlsfl‘.: M.
‘
sum pm: , ,
g '
.
“if?”10/ L33”?
5mm} .ma Paw Mic. can?
”mmmrmummwmmwmmm
..-u-u- -a~ .w.-.,.....~...-.-~ ~~~-y\
mm? 13% 3:3
Wm S’améi ma 1%.
Wk E'wgsfiahy, Mg}? 33:, 3mg 3":3-3 Ag»???
Ya: “E’m'zfififigs 3am

mfigém: 7% mm; mm Wm Sisz'eéim {away {fiffiw a? mite-ma Riggm.
v
w; 2er has 5M?
gum? fi'mfifia imafi imxfiiia:gészfiawiéwmsaagfigmwifiwé

$12M»: fizsnzfiw, Mag; 3%: 22m .fifizfi?‘ m
”fig: fieagézaii,‘ {Em flat’s‘gmmfi'éfimgfinéfiaxfiam»
an: Waaéma {3mm mmawmfimmggaggméémmw; «ksfimaigfihfimmnmmw qwéwfififimazmmmmfi
fiasfiafism mg: 33mm
awe: fimfim {Swami Wm
9? 815mm fiigm; Wm
fig ia‘asszfieéfii}
éémfim‘» gamma m Wm 3mm, m at??? 0%?ng mmiiéémiw Mm

3%an £63:wa a; my msw Mia?"- :33 Wfiy @232»: wag: flag émze i2: Wis: wkm W; Ewa- gamma wifiz mi} 9393‘
E‘izmmi
33m§ Em i‘am
Pinenas Hematobgy and Oncology PA
5000 Park Street North, Suite 1017

St, Petersburg, FL 33709
Phone: 7273446569 Fax: 7273344388
May 29* 2016
Pineuas County offiCe of Hnman Rtg'hts
400 S.Harrison Avenue dear water, FL
Attn: Ms. Lisa Pastel!
Dear MsgPostefl.
Attached please find copy of signed form for nomination.
I want to darify-flxis issue that Dr. DreSdner do not have "empmyw status with PHO,PA.
MD,PA has a contract with Pinellas Hematology Oncology, PA. He Is not on

His PA,.David Dresdner,
paymii of PHOAM. Since April 1“, his PA tecetved payment from PHD, PA to perform Certain work.
PHD,PA does not pay any tax on his behalf, as expected for wages for any one.
! cannat understand why Seam-306 apaties to this CONTRACT dispute?
Because of this contract dispute, we already had mediation process on May 9th.
3 want you to look at this issue closely one more time, before you subjéct us to conciliation process.
Thanks!
Pratibha Desal, MD.,MPfl
Director
Plnellas Hematology and Oncoiogy, PA
Filing # 73085591 E-Filed 06/05/2018 11:39:00 AM

August 15, 2016 4
l The following were held on August 15, 2016 before the

Honorable Susan Helms
2
3 * * * * * *
4 THE COURT: Hi, everybody. So sorry to be
5 late. Multitasking today.

6 My name is Susan Helms. I am the Special
7 Magistrate assigned to hear wage theft cases.
8 These are hearings conducted to determine whether
9 there has been a violation of Article 4, Chapter
10 70 of the Code of Ordinances of Pinellas County,
11 Florida, also known as the Wage Theft Recovery
12 Ordinance. These hearings are open to the
13 public.
14 The parties have been advised, through the
15 Office of Community Rights, of their ability to
16 have their proceedings recorded; and I see we
17 have a court reporter here. It is your —— the
18 parties' responsibility, if they wish to have a
19 transcript of these proceedings, to do so.
20 Please don‘t talk over each other so that an
21 accurate record can be made and we can proceed in
22 an orderly fashion.
23 These hearings are conducted in a
24 quasi—judicial manner. That means that I am
25 going to hear presentation from the employee, I'm
U.S. LEGAL SUPPORT

(8l3) 876-4722
73/101 Baylawsuits.com EXHIBIT "I"
Judge Susan Helms Excerpt Vol 1
August 15, 2016
going to hear presentation from the employer. I
am going to go back and forth until everyone has
presented what they want to present for me to

consider, so we will take our time with this and
try to get it right.
These hearings are not conducted in the
accordance with any formal rules of evidence or

witnesses. And this is somewhat an informal
proceeding, so any relevant evidence will be
10 admitted if I find that is competent and
ll reliable, regardless of any common law or
12 Statutory rule to the contrary.

l3 All persons who testify will be placed under
14 oath. All documentary evidence should be
15 provided to me to be placed in the hearing file.

l6 No documentary evidence will be considered unless
17 you submit a copy for the hearing file.

18 I do have —— I have reviewed, and I do have,
19 several documents that were submitted to the file
20 already, but I'm going to ask that you resubmit
21 those to me as exhibits here at the hearing so we
22 can hear if there are any objections to them
23 being counted as part of the record.

24 Each party shall have the right to call and
25 examine witnesses, to introduce exhibits, to
U.S. LEGAL SUPPORT

(813) 876-4722
August 15, 2016
have a preliminary matter I wanted to be heard

on.
THE COURT: Okay. What is that?
MR. MCCREA: I would make motion to stay
this proceeding and to compel arbitration. The
very agreement which is the basis for the wage

claim in this case contains a very broad
arbitration provision.
In Section 9, it says, "That all claims
10 arising out of the agreement or relating to the
ll agreement shall be arbitrated." And the Florida

12 Supreme Court has stated in the case of Rowe v.
l3 Amica Mutual Insurance Company 553.82nd 279 that

14 arbitration is favored under Florida law and all
15 doubts are to be resolved in the favor of
l6 arbitration.
17 In this case, what is not in evidence but
18 will be coming in, is the original demand letter
19 that was sent in March of 2016 on behalf
20 Dr. Dresdner, indicated his desire to pursue ——
21 his intent to pursue an arbitration that included
22 the claims here today. As recently as June, his
23 counsel sent e-mails indicating that they were
24 still pursuing an arbitration.
25 This is particularly important because this
U.S. LEGAL SUPPORT

(813) 876-4722
August 15, 2016
is a complex business dispute; and to the extent
that Dr. Dresdner has wage Claims, they are

intertwined with the claims of the Respondent
concerning his breach of the agreement in various
ways.
All of those matters are under the agreement
subject to arbitration by agreement of the
parties.
THE COURT: What do you say on that,
10 Mr. Cassidy?
ll MR. CASSIDY: Thank you, Your Honor.
12 First of all, I think that the issue is,
l3 frankly, waived. The case law is abundantly
14 clear. If I could provide you and Mr. McCrea a
15 case. This is a Second District Court of Appeal
l6 case from 2009, Green Tree Servicing LLC v.
17 McLeod, M-c—L—e—o—d, 15 S.2nd —— I'm sorry, 15
18 S.3rd682.
19 And if you turn, Your Honor, to page six at

20 the bottom, pinpoint cite 688, talks about waiver
21 of an arbitration provision through discovery and
22 seeking the court's actual imprimatur (ph) for
23 the proceeding.
24 And what we have here, even though

25 Mr. McCrea could've filed a motion to stay a
U.S. LEGAL SUPPORT

(813) 876-4722
August 15, 2016 12
at this very hearing.
THE COURT: Thank you.
Anything else from you, sir?

MR. MCCREA: Yes, Your Honor.
I think the case that they relied upon is
easily distinguishable. In that case, the
defendant, despite having an arbitration
provision, removed the case to Federal court,
filed an answer in affirmative defenses, filed
10 two motions to dismiss the Claims, sent out
ll written discovery requests, and then propounded

12 the subpoena.
l3 And that was markedly different than as a

14 conditional matter, because certainly we didn't
15 have the opportunity to have this issue heard
l6 before we got here today in the event the
17 court —— or, sorry —- in the event that you
18 decide that we're going to go forward today, we
19 couldn't take the chance of not having essential
20 witnesses. But it wasn't discovery. We didn't
21 take any discovery in this case, like in Green
22 Tree.
23 We would also suggest to you that the
24 reference to the appropriate venue is misleading
25 in that an action brought to enforce this
U.S. LEGAL SUPPORT

(813) 876-4722
August 15, 2016 14
Certainly, in that answer they could've
raised the issue of arbitration, but instead they
did not. And not only was it not raised 21 days

afterwards, but we were set last month and we
were pushed forward. So we do believe that it is
an issue that should go forward today.
THE COURT: Okay. On your preliminary
matter, I'm going to find that there has been a
waiver for purposes of this hearing only. And I
10 cannot address what may have occurred or whether
ll any waiver has sufficiently been —— has

12 sufficiently occurred with regard to litigation
l3 in court, but that's not what this is.
14 This is a limited—issue hearing, based on a
15 County Ordinance; and it is, in part, initiated
l6 by the County because they have an interest in

17 protecting people from wage theft and that is why
18 they have this program.
19 I'm going to find that the arbitration
20 clause is either inapplicable to this proceeding
21 or has been waived by participation up to this
22 point in this process; and we're going go ahead
23 and have our hearing today.
24 Obviously, greater minds than mine might
25 feel differently on this issue down the road and
U.S. LEGAL SUPPORT

(813) 876-4722
August 15, 2016 15
I have a feeling that that could happen, but I
would like to go ahead and have our hearing.

MR. MCCREA: On that score, I understand
your ruling. I'd also indicated that I wanted to
stay. I would ask that this proceeding be stayed
temporarily while we could have a Circuit court

review of that ruling; because, otherwise, we
have lost forever our right under the contract to
arbitrate the issues here today.
10 MR. CASSIDY: It's something that can be
ll resolved on a preliminary appeal. If we go
12 forward today, Your Honor makes your rulings,
l3 everyone's here, everyone's gone through the
14 effort.
15 If the Second District Court of Appeal, or

l6 whatever, frankly, the process is as it goes up
17 the Chain of review, says that this Tribunal made
18 a mistake, which we do not believe that it did,
19 then it simply puts everyone back to the status
20 quo ante. It is not an issue where they lose any
21 right.
22 So we do think that it should go forward.
23 There's no reason to stay. There's nothing that
24 cannot be resolved on a preliminary appeal.
25 MR. MCCREA: On the contrary, if we go
U.S. LEGAL SUPPORT

(813) 876-4722
August 15, 2016 99
P.A. from March of this year.
THE COURT: I'll ask again. Does it
contain ——
MR. MCCREA: NO.
THE COURT: —— attorney/Client privileged

communication?
MR. MCCREA: No. It's a letter to
Dr. Desai.
THE COURT: Oh, okay. I'm sorry.
10 MR. MCCREA: Yeah.
ll THE COURT: Forgive me.
12 BY MR. MCCREA:
l3 Q. Do you recognize this letter, Dr. Dresdner?
14 A. Yes.
15 Q. All right. And in March, on March 14th of

l6 2016, the law firm that was retained by your P.A.
17 indicated its intent to purse arbitration of your

18 claims against PHO, correct?
19 MR. CASSIDY: Objection, Your Honor. And I
20 might as well just start it now. It's an issue
21 of relevance. You've made your ruling on that, I
22 think. The other side has, you know, made their
23 case of why they think it should be in
24 arbitration.
25 THE COURT: Okay. And what is the
U.S. LEGAL SUPPORT

(813) 876-4722
August 15, 2016 101
ask ——
THE COURT: We'll do a separate proffer.
MR. MCCREA: Okay. But I have —— but I do
have a substantive question about this, as well.
THE COURT: Okay.
BY MR. MCCREA:
Q. In this letter, your then counsel indicated
that the $25,000 per month was to be paid to your
P.A., correct? It says, "Your unequivocal agreement
10 to pay D.M.D $25,000 per month in salary." And the

ll very first sentence says, "Our law firm has been
12 retained by David M. Dresdner M.D. P.A. --" quote
l3 "D.M.D."
14 A. That's what's the paper says.
15 Q. All right. So, in March, your lawyers wrote

l6 a statement to Dr. Desai indicating that the
17 agreement was to pay $25,000 a month in salary to
18 your P.A.; is that correct?

19 A. Restate —— well, it restates the terms of
20 the contract.
21 Q. All right. If you would answer my question,
22 please.
23 On March 14 of 2016 your lawyers indicated
24 that the agreement was to pay your P.A. $25,000 per
25 month in salary?
U.S. LEGAL SUPPORT

(813) 876-4722
Filing # 73085591 E-Filed 06/05/2018 11:39:00 AM
2260 5th Avenue Sou’rh, SUi’res1&2

S’r. Pe’rersburg, FL 33712
727.300.1990 |
fax: 727.431.9908
Business Law for the Creative Economy Jamie Moore Marcorio, Esq.
jomie@uncommonlegol.com
I EG l
I
SENT BY FASCIMILE CONFIDENTIAL

David M. Dresdner, M.D. P.A.
c/o William Paul Cassidy, J r., Esq.
Johnson & Cassidy, PA.
324 S Hyde Park Ave., Ste 325
Tampa, FL 33606
Fax: 813-235-0462
Conv bv First Class Mail to

David M. Dresdner, M.D. P.A.
Registered Agent
125 Park Street South
October 5, 2017
RE: Physician Employment Agreement between Pinellas Hematology &

Oncology, RA. and David M. Dresdner, M.D.z
Paragraph 9 Demand for Arbitration
Dear Dr. Dresdner,
As you know, this Firm represents Pinellas Hematology & Oncology, P.A. (“PHO”) regarding
matters arising out of the March 31, 2015 Physician Employment Agreement (“Agreement”)
between PHO and David M. Dresdner, M.D., P.A. (“DMD, PA”). A copy of that signed
Agreement is appended to this letter as Attachment A.
Pursuant to the Notice provisions of that Agreement contained at Paragraph 10.1, we provide
this Demand for Arbitration in writing and addressed to DMD, PA at the address of its counsel
of record, Johnson & Cassidy, RA, and at the address of its registered agent, as indicated on
the Agreement and by the entity filing record maintained by the State of Florida, Division of
Corporations.
EXHIBIT "K"
82/101
CONFIDENTIAL
PH0 v. DMD PA
Demand forArbitration
Preliminagy Matters and Definitions
The Agreement concerns the arrangement between DMD, PA and PHO, which are two Florida
Professional Associations, whereby DMD, PA would provide physician services to PHO. The
preliminary text of the Agreement defines and identifies Pinellas Hematology [and] Oncology,
PA as the “Practice” and David M. Dresdner, M.D., PA. as the “Physician”.
Paragraph 9 of the Agreement is a binding arbitration provision. It covers “any and all disputes
that may arise out of (or relate to) this Agreement or Physician’s employment relationship with
the Practice.” For complete clarity, the entire text of Paragraph 9 is reproduced below:

with the Practice. This binding arbitration shall fallunder the Federal Arbitration Act.
The Practice and Physician will each be responsible for their own fees and costs,
to dismiss, forsummary judgment and/or for judgment on the pleadings. All
are giving up their right to a trial by jury or judge.
Invocation of Paragraph 9 of the Agreement
Since certain claims and controversies between DMD, PA and PHO have arisen out of or relate
to the Agreement or DMD, PA’s “employment relationship” with PHO, and since Paragraph 9
of that Agreement provides that disputes regarding the Agreement will be submitted to binding
arbitration, PHO demands that arbitration be commenced in accordance with
Paragraph 9.
Nature of Dispute Z Claims and Relief Sought by Claimant
PHO hereby demands that DMD, PA submit the below described disputes to final and binding
arbitration. PHO seeks compensatory and incidental damages for these claims, as well as
punitive damages, attorneys’ fees, and interest where appropriate and applicable. The claims
amounts listed below are in summary form and state preliminary actual monetary claims only.
CONFIDENTIAL
PH0 v. DMD PA
The claims amounts stated have not been calculated to include the full amount of damages that
PHO will seek during arbitration. PHO reserves the right to add to or otherwise modify these
claims and amounts sought as necessary to fully state its legal claims and as facts and evidence
develop and arise in the future.
DMD, PA has breached the Agreement by:
1. Failing to provide hematology and oncology services in accordance with Paragraph 2.5
of the Agreement;
2. Breaching the implied covenant of good faith and fair dealing;
3. Overcharging PHO for DMD, PA’s chemotherapy supplies sold pursuant to the
Agreement;
-F Refusing to pay to PHO United Health Care (“UHC”) payments, accounts receivable, and
refunds made to DMD, PA that are owed to PHO;
Selling damaged PHO under misrepresentation of its condition;

furniture to
Refusing to pay to PHO a drug rebate received on behalf of PHO by DMD, PA;
9°.\1.o~<.n
Refusing to pay payroll processing services fees owed by DMD, PA to PHO; and
Refusing to pay PHO employees’ wages for work on DMD, PA’s accounts receivable.
A more detailed Statement of Claims will be submitted upon formal institution of the
arbitration.
Arbitral Institution
Paragraph 9 does not specify any commercial arbitration institutions to assist in administration
of an arbitration. Therefore, PHO suggests that the parties use JAMS, as discussed in earlier
correspondence between the parties regarding arbitration. If you are in agreement with this
suggestion, provide a written response immediately so that we may engage JAMS and begin the
arbitrator appointment process.
Stipulation to Stay Pending Administrative Appeal Before the Circuit Court
It is the position of PHO that binding arbitration pursuant to Paragraph 9 of the Agreement is
the correct and proper jurisdiction for the current dispute brought by DMD, PA against PHO
alleging unpaid compensation under Paragraph 5.1 of the Agreement (financial arrangements
and compensation) because this dispute arises out of or relates to the Agreement or the
“Physician’s employment agreement” (AgreementWe understand that you disagree with
11 9).
this position and have asserted before the Circuit Court that PHO waived its right to arbitration.
CONFIDENTIAL
PH0 v. DMD PA
However, regardless of the parties’ respective positions regarding waiver, the claims of PHO
and of DMD, PA are extremely intertwined and all stem from the same merger transaction and
agreement between the parties. It would serve judicialand party economy to consolidate all
matters into a single matter. PHO is willing to stipulate to stay its current appeal of the August
15,2016 Findings and Order (“Final Order”) of the Special Magistrate appointed by Pinellas
County Office of Human Rights (“PCOHR”) in order to address PHO’s affirmative claims and
DMD, PA’s claims at one time. To that end, appended to this Demand Letter as Attachment B
is a draft Stipulation to Stay Appeal, to which we seek your agreement. Upon your agreement,
we request that the parties immediately submit the Stipulation to the Circuit Court.
Ifyou refuse to agree to the Stipulation to Stay Appeal, we will commence the filing a motion
with the Circuit Court to compel arbitration, stay the appeal, or grant similar relief.
Further Steps
Please respond to this Demand for Arbitration by no later than 10 business days from
the date of this letter by signing the acknowledgement below and indicating whether you
will agree to proceed with binding arbitration pursuant to the Agreement.
Ifyou neglect or refuse to proceed to arbitration as required by the Agreement, we will take
immediate further steps as necessary to effect arbitration according to law.
Very truly yours,
WWMW
Jamie Moore Marcario
Counsel for Pinellas Hematology & Oncology, PA.
Uncommon Legal, P.A.
Received and acknowledged on behalf of David M. Dresdner, M.D., P.A. by:
Signature Date
Printed name Title / Authority
[Continued on Next Page]
CONFIDENTIAL
PH0 v. DMD PA
INITIAL the following statements if you AGREE:
DMD, PA agrees to submit PHO’s claims against DMD, PA to binding arbitration

pursuant to Paragraph 9 of the Agreement.
DMD, PA agrees to seek a stay of the proceedings currently pending on appeal before
the Circuit Court, Case No. 16-000047AP—88A, and submit all claims at issue in that appeal to
a consolidated binding arbitration.
Attachment A
PHYSICIAN EMPLOYMENT AGREEMENT
THIS PHYSICIAN EMPLOYMENT AGREEMENT (this "Agreement") is made

and entered into effective as of this 31day of March, 2015, by and between Pinellas
Hematology Oncology , PA, (the "Practice") and David M. Dresdner, M.D., PA. (the
"Physician").
RECITALS
WHEREAS, the Practice provides Hematology and Oncology services (the

"Specialty Services") at certain facilities and locations;
WHEREAS, the Physician desires to provide professional care for patients of the
Practice ("Patients") at the office located at Bayfront on the terms and conditions
specified in this Agreement; and
WHEREAS, the Practice desires to employ the Physician, and the Physician
desires to be employed by the Practice, under the terms and provisions of this Agreement.
NOW, THEREFORE, of the covenants herein and other good

in consideration
valuable consideration, the sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Employment. The Practice hereby employs the Physician, and the Physician
hereby accepts employment to practice in the field of Hematology and Oncology (the
"Specialty") at the facility located at 603 Seventh Street South, Suite 560, St. Petersburg,
Florida 33701 (the "Clinic Site"), subject to the terms and conditions hereinafter set forth.
2. Obligations of the Physician.
2.1 Employment
The Physician agrees to work three (3) days per week for nine (9)
2.1.1
months during the first twelve (12) months after execution of this Agreement, which the
Practice and Physician will decide upon mutually, and to devote the Physician's full
professional attention to the practice of the Specialty for the benefit of the Practice under
the terms of this Agreement. Physician agrees to work three (3) days per week for eight
(8) months dun'ng the second twelve (12) months afler execution of this Agreement and
any annual periods thereaftcr should the parties extend this Agreement. Physician will
normally work Tuesday, Wednesday, and Thursday, from 9:00 am. until 5:00 pm. The
Practice and Physician also agree that neither weekday, weekend nor federal holiday on-
call or full day hospital rounds are contemplated as part of the work Physician is expected
to complete, unless separately agreed to by both the Practice and Physician. Physician
agrees to morning hospital rounds at Bayfront Health and St. Anthony's Hospital on the 3
days he works if requested by the practice in lieu of morning office hours. Physician may
roll over up to one (1) month of unused vacation time per year, if he is unable to use all
vacation time fiom the preceding year due to sickness or hospitalization.
2.2 Qualifications. Physician hereby represents, warrants and covenants to
the Practice the following:
2.2.1 The Physician has, and will maintain for the term of employment,
all customary certifications, professional memberships, and licenses required or
appropriate for the practice of the Specialty.
2.2.2 The Physician shall maintain clinical privileges at Bayfront Health

and St. Anthony’s Hospital to permit the Physician to perform all services required of the
Physician under this Agreement.
2.2.3 and will remain for the term of employment a

The Physician is,
valid unrestricted and qualified participating provider in the Medicare programs.
2.2.4 The Physician is not in breach of, and will not during the term of
employment be in breach of, any other contract, obligation, or covenant that would affect
the Physician's ability to perform hereunder and, as a result of entering into this
Agreement, will not breach any such contract, obligation or covenant.
2.3 Physicians Duties. The services and work of the Physician include, but
are not limited to, hematology and oncology services and administrative duties of staff
supervision. The Physician acknowledges that certain rules and regulations must be
established and maintained by the Physician from time to time for the efficient operation
of the quality medical group practice.
The Physician therefore agrees to the following subject to applicable federal and
state law:
(a) The Practice shall have the authority to establish policies

procedures and operational guidelines regarding the provision of medical services. On
behalf of the Practice, Physician shall perform services assigned to Physician and advise
and assist any other physician in the evaluation or treatment of any case as directed by the
Practice in accordance with these guidelines.
(b) The Physician shall not disclose any information relating to

the Practice, its shareholders, employees,
officers, clients, including
patients or
information regarding the affairs or operation of the Practice, to any third parties during
or afier the term of this Agreement without the prior written consent of the Practice or as
required by law.
2.4 Professional Records. The Physician shall prepare and maintain

appropriate charts, files and records of all professional services rendered by the Physician
under Agreement. All case records, case histories, patient lists, accounting and
this
financial records, examination reports, specimen slides, clinical and/or microscopic
photographs, films and personal and regular files concerning the Practice or Patients,
including, without limitation, patients consulted, interviewed, or treated by the Physician
during the term of this Agreement, or research files related to Patients, or derived fiom
their examination or treatment, shall belong to and remain the property of the Practice.
Upon termination of the Physician‘s employment, the Physician may, upon presentation
to the Practice of a written request from a patient and at the Physician‘s expense, request
and receive a copy of any of such medical records maintained for such Patient.
2.5 Specially Standards. The Physician shall render Specialty Services in

a manner consistent with the applicable professional standards of state and federal
medical associations, the applicable statutes and regulations of the State of Florida, the
prevailing community standard of care, federal, state and local laws and regulations, and
the medical staff bylaws, rules and regulations of all facilities where the Practice provides
Specialty Services.
2.6 Continuing Professional Education. The Physician shall do all things

reasonably necessary and desirable to maintain the Physician's professional skills,
including, without limitation, obtaining at least the minimum of continuing medical
education required by the Physician's licensing hoard(s) or otherwise reasonably required
by the Practice.
3. Obligations of Practice.
3.1 Facilities. The Practice will provide adequate facilities for the
performance of the duties of the Physician as contemplated in this Agreement for
conducting a professional practice in conformity with the prevailing standard of care in
the community. The Physician covenants not to use, or permit any other personnel under
the control of the Physician to use, any part of the premises of the Practice for any
purpose other than the performance of services hereunder except as otherwise agreed to
in Section 10.8.
3.2 Supgort Personnel. The Practice will provide, or cause to be provided,

the Physician with a reasonable amount of support personnel. The Physician may
recommend certain persons to the Practice.
4. Confidentialig Covenant.
4.1 wfidey‘fial and Proprietarv Inforngafiog. "Confidential

Information" shall mean information of the Practice or the practices to which it provides
services, or parties from which the Practice receives services (collectively the "Protected
Parties"), (whether written or oral), pertaining to business management or economic
studies, patient lists, proprietary forms, proprietary business or management methods,
marketing data, fee schedules, or trade secrets of the Protected Parties, whether or not
such Confidential Information is disclosed or otherwise made available to the Physician
by the Protected Party pursuant Agreement and any transaction or document
to this
executed by the parties pursuant Agreement. Confidential Information does not
to this
include any information that the Physician can establish (a) is or becomes generally
available to and known by the public or medical community (other than a result of a non-
permitted disclosure directly or indirectly by the Physician or the Physician's affiliates,
advisers, or representatives); (b) is or becomes available to the Physician on a non-
confidential basis from a source other than the Protected Party or its affiliates or
representatives, provided that such source is not and was not bound by a confidentiality
agreement with or other obligation of secrecy to the Protected Party of which the
Physician has knowledge; or (c) has already been or is hereafter independently acquired
or developed by the Physician without violated any confidentiality agreement with or
other obligation of secrecy to the Protected Party.
4.2 Confidential and Proprietag Information. The Physician will not

disclose any Confidential Information without the Protected Party's written authorization,
nor shall the Physician use such Confidential Information for any purpose other than to
carry out his duties and responsibilities under this Agreement or under affiliated
agreements between the Physician and/or the Protected Parties. The Physician will keep
such Confidential Information confidential and will ensure that his affiliates and
representatives who have access to such Confidential Information comply with these non-
disclosure obligations; provided, however, that either party may disclose Confidential
Information to those of its affiliates and representative who need to know Confidential
Information for the purposes of the Agreement.
5. Financial Arrangements.
5.1 Compensation. The Practice will pay Physician an annual salary of

Three Hundred Thousand Dollars and Zero Center ($300,000.00) (the “Annual Salary”).
The Annual Salary will be divided into twelve (12) equal monthly payments, which are
due by the fifteenth (15) day of each month. However, the Practice may have up to forty—
five (45) days from the effective date of this Agreement to make Physician’s first
monthly installment payment. The Practice will make the Annual Salary payments to
David M. Dresdner, M.D., PA.
5.2 Leave and Benefits. The Practice will not provide any other benefits to
Physician, including malpractice insurance, health insurance, CME, vacation (except as
otherwise set forth herein), transportation or pension plan, or licenses and memberships.
5.3 Malpractice Insurance. The Practice shall not purchase malpractice

insurance for Physician. However, Physician must purchase and maintain malpractice
insurance.
6. Term and Termination.
6.1 lilitial and Renewal Term. The term of Physician's employment under
this Agreement shall commence as of April 1, 2015 (the "Effective Date"), and shall
continue for a term of two (2) years (the "Initial Term"), unless earlier terminated as
provided herein. Upon expiration of the initial two (2) year term or any renewal thereof,
this Agreement will automatically be renewed for additional one (1) year periods.
However, this Agreement can be cancelled by Physician without reason or cause after
one (1) year of service from the effective date of this Agreement if Physician notifies the
Practice in writing with at least three (3) months’ notice. Either party can terminate this
Agreement with three (3) months’ notice after expiration of the Initial Term.
Subsidization and asset payments (set forth in Sections 9.3 and 9.4 below) will be
honored by both parties even if this Agreement is cancelled.
6.2 Termination Upon Death or Disabiligg. The Physician's employment

upon the death of the Physician. Either the Practice or the Physician may
shall terminate
immediately terminate the Physician's employment if the Physician is Disabled. Subject
to applicable law, the Physician is "Disabled" if the Physician:
(a) under a legal decree of incompetency (the date of such

is
decree being deemed to be the date on which such disability occurred);
submits any claim for disability insurance benefits or for

(b)
early distribution of any amounts from a qualified pension or profit-sharing plan
maintained by the Practice on account of more than fifiy percent (50%) disability (the
date of the earliest of such claims shall be the date on which such disability shall be
deemed to have occurred); or
(c) is subject to a medical determination that the Physician,

because of a medically determinable disease, injury, or other mental or physical
disability, is unable to perform substantially all of his regular duties, and that such
disability is determined or reasonable expected to last at least six (6) months, based on
then-available medical information.
A madical determination of disability will exist upon the receipt by the Practice of the
written opinion of a the physician who has examined the Physician whose disability is in
question. If the Practice disagrees with the opinion of such physician (the "First
Physician"), it may engage at its own expense another physician (the "Second Physician")
to examine the Physician whose disability is in question. The Second Physician shall
confer with the First Physician and, if they together agree in writing that the Physician is
or is not disabled, their written opinion shall be conclusive as to such disability. If the
First and Second Physicians do not agree, they shall choose a third consulting physician
(the expense of which shall be borne equally by the Practice and the Physician), and the
written opinion of a majority of these three (3) physicians shall be conclusive as to such
disability. The date of any written opinion that is conclusive as to such disability is the
date on which such disability, if that is the conclusion, will be deemed to have occurred.
6.3 QgiSIative, Regglatorv or Administrative Chgggg. In the event that

there shall be a change in any legal requirements or the adoption of new federal or state
legislation, ora change in any third party reimbursement system, any of which are
reasonably likely to materially and adversely affect the manner in which either party may
perform or be compensated for its services under this Agreement or which shall make this
Agreement unlawful, the parties shall immediately use their best efforts to enter into a
new service arrangement or basis for compensation for the services furnished pursuant to
this Agreement that complies with all legal requirements or policy and that approximates
as closely as possible the economic position of the parties prior to the change. If no
agreement reached within sixty (60) days of such notice, then either party may
is
terminate the Physician's employment upon an additional sixty (60) days written notice.
6.4 Waiver of Breach. No covenant or condition of this Agreement can be
waived except by the written consent of the parties. Forbearance or indulgence by either
party in any regard whatsoever shall not constitute a waiver of the covenant or condition
to be performed by the other party to which the same may apply and, until complete
performance of said covenant or condition, said party shall be entitled to invoke any
remedy available under this Agreement or by law or in equity despite said forbearance or
indulgence.
6.5 Survival.The covenants and obligations in this Section 7 shall survive

the termination of the Physician's employment or the termination of this Agreement.
7. Direction of Care. Nothing in this Agreement shall be interpreted as allowing

any non-physician to direct the Physician's practice of the Specialty, delivery of direct
patient care, or independent judgment in the practice of the Specialty.
8. Authorization for U§e of Physician's Nm.

The Practice at various times may
use the Physician's name and likeness for purposes of marketing the services of the
Practice. The Physician hereby authorizes and approves the Practice's using the
Physician's name and likeness for the purposes of marketing the Practice's business. This
authorization will automatically be revoked within one (1) month following the
cancellation or expiration of this Agreement.

with the Practice. This binding arbitration shall fall under the Federal Arbitration Act.
The Practice and Physician will each be responsible for their own fees and costs,
to dismiss, for summary judgment and/or for judgment on the pleadings. A11
are giving up their right to a tn'al by jury or judge.
10. Miscellaneous.
10.1 Notices. Except as otherwise provided in this Agreement, any notice,

payment, demand, request or communication required or permitted to be given by any
provision of this Agreement shall be in writing and shall be duly given by the applicable
party if given to the applicable party at its address or facsimile number set forth below its
signature. Any such notice shall, for all purposes, be deemed to be given and received:
(a) given by facsimile, when the facsimile is transmitted to
if
the party‘s facsimile number and confirmation of complete receipt is received by the
transmitting party during normal business hours on any business day or on the next
business day if not confirmed during normal business hours; provided, however, that a
hard copy must also be sent via nationally recognized and reputable overnight delivery
semce;
(b) if by hand, when delivered;
(0) ifgiven by nationally recognized and reputable overnight

delivery service, the business day on which the notice is actually received by the party; or
(d) given by certified mail, return receipt requested, postage

if
prepaid, two (2) business days after posted with the United States Postal Service.
10.2 Section Captions. Section and other captions contained in this
Agreement are for reference purposes only and are in no way intended to describe,
interpret, define or limit the scope, extent or intent of this Agreement or any provision
hereof.
10.3 Subsidization. Physician will provide One Thousand Dollars and Zero
Cents ($1,000.00) per month to the Practice to help compensate for monthly rent
payments of the current lease ending on December _, 2016.
10.4 Physical Asset . The Practice will purchase the physical assets of
David M. Dresdner, M.D., PA. for the total sum of $ 35,910.00. This purchase price
may be paid over two (2) years in twenty-four (24) equal installments. The parties agree
that the hematology analyzer will be valued at Two Thousand Dollars and Zero Cents
($2,000.00) if the Practice desires to purchase it and is included in the above amount.
10.5 Transfer of Contractual Agreements. David M. Dresdner, M.D.,

PA. Will endeavor to transfer contractual agreements with suppliers to the Practice as
allowed by those providers. David M. Dresdner, M.D., P.A. makes no warranty or
all or any supplier will agree to such arrangement.
representation that
10.6 Chemotherapy and Sunplies. The inventory of David M. Dresdner,

M.D., P.A. will be counted on the business day before the effective date of this
Agreement and will be purchased by the Practice for current “oncology supply” pricing.
The Practice will begin making payments for chemotherapy and supplies ninety (90) days
afler the effective date of this Agreement and will be paid monthly. In any event, all
payments must be made within six (6) months after the effective date of this Agreement.
10.7 Mail/Deliveries. David M. Dresdner, M.D., P.A. will retain use of the
current address for mail and deliveries as long as the relationship exists between
Physician and the Practice and for three (3) months after any dissolution of the
relationship.
10.8 Use of Billing Staff. For the first three (3) months following execution
of this Agreement, David M. Dresdner, M.D., P.A. will have up to one (1) hour to utilize
two of his former billing staff personnel for the purpose of collecting his accounts
(2)
receivables. The Physician will bear the costs of the employees’ time. Physician may
utilize the former billing staff personnel on each day, Monday through Friday. For the
second consecutive three (3) months following execution of this Agreement, David M.
Dresdner, M.D., P.A. will have up to one (1) hour to utilize one (1) of his former billing
staff personnel on each day, Monday through Friday. Physician will bear the cost of the
employee’s time. Electronic medical records, written documentation and billing software
will be maintained at the Clinic Site, but remains the sole property of David M. Dresdner,
M.D., P.A.
10.9 Business Licen_ses and Utilities. All business licenses for the Bayfront
location shall be paid Telephone, cable, internet, and any equipment
by the Practice.
contracts will be paid by the Practice immediately following the effective date of this
Agreement.
10.10 Parties in Interest. Except as otherwise provided in this Agreement,

this Agreement shall be binding upon the parties hereto and their successors, heirs,
devisees, assigns, legal representative, executors and administrators.
10.11 Severabiligx. The covenants in this Agreement shall be construed as

covenants independent of one another and as obligations distinct from any other contract
between the Physician and the Practice. Any claim that the Physician may have against
the Practice shall not constitute a defense to enforcement by the Practice of this
Agreement. The Patties to this Agreement expressly acknowledge that the provisions, or
portions thereof, of this Agreement shall be deemed severable and the invalidity of or
unenforceability of any provision, or portion thereof, shall not affect the validity or
enforceability of the other provisions hereof. If any provision, or portion thereof, of this
Agreement is unenforceable for any reason, it is the express intent of the Parties that such
provision, or portion thereof, shall be appropriately limited and given effect to the
greatest extent that it may be enforceable in the discretion of the court or arbitrator or, in
the alternative, such provision shall be severed in a court or arbitrator of
its entirety, if
competent jurisdiction determines a lesser limitation than what is stated is not

appropriate.
10.12 Section References. Section and subsection reference shall, unless the
context requires otherwise, include all subsections, paragraph, etc. that comprise such
Section and/or subsection. For example a reference to Section 5.01, unless the context
requires otherwise, shall include Sections 5.1, 5.1.1, 5.12, etc.
10.13 Integration. This Agreement embodies the entire agreement and

understanding among the parties hereto with respect to the Physician's employment by
the Practice and supersedes all prior agreements and understandings, if any, among and
between the parties relating to the subject matter hereof.
10.14 Apglicable Law
Venue. This Agreement and the rights of the parties
hereto shall be governed by, construed, and enforced in accordance with the laws of the
State of Florida excluding conflicts of law provisions. Any action brought to enforce the
terms of this Agreement shall be brought in the Sixth Judicial Circuit in and for Pinellas
County, Florida or the United States District Court for the Middle District of Florida
(Tampa Division).
10.15 Intemretation. Both parties have had the opportunity to have this
Agreement reviewed by legal counsel and be advised by legal counsel as to the rights and
obligations of each party. This Agreement shall not be construed or interpreted more
strictly against one party than another on grounds that the Agreement or any draft thereof
was prepared by a party or his or its counsel.
10.16 Prior Legal Actions and Debt. Neither the Practice nor the Physician
will be responsible in any fashion for any prior legal actions or debts of the other party
that existed or accrued prior to the execution of this Agreement.
10.17 Consult Room. The Practice will permit Physician to maintain his
current consult room while employed with the Practice.
10.18 Securigx Degosit. The Practice will pay back to Physician the
applicable security deposit within thirty (30) days following execution of this Agreement.
10.19 Training Time. The Practice will pay for costs of training for the new
computer billing system and EMR.
10.20 Remaining Contracts. Physician will be fully compensated for the

remainder of any ongoing contracts related to the Practice that are transferred to the
Any and all training expenses incunred prior to the Effective Date of this
Practice.
Agreement will be reimbursed to David M. Dresdner, M.D., P.A. within thirty (30) days.
10.21 Counteggarts. This Agreement may be executed in counterparts, each
of which shall be an original and, collectively shall constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as

of the day and year first above written.
PHYSICIAN:
Dr. David M. Dresdner, M.D. Q

-
3j5 1/1 5“
I
Date
Address for Notice:
/}3"_M SFJ‘O ST pas/Cc, 33707
PRACTICE:
Pinellas
By:
Printed
Date:
7 [<b
Name:
EL; ’flj
W
Hematology Oncology, P.A.
Pit/+7733” )9 DZ: (’97:
Title: NVD‘, Pws‘fioa—RLT, )Hk CD

Address for Notice:
5600 may «gm 1027,577WP P4 33707
10
Attachment B
IN THE CIRCUIT COURT FOR THE SIXTH
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
APPELLATE DIVISION
PINELLAS HEMATOLOGY
AND ONCOLOGY, P.A., Case N0.: 16-00 47AP-88A
Appellant, UCN:52201
V.
DAVID DRESDNER, M.D.,

Appellee.
single arbitr .
The parties this stipulation Without agreeing or indicating in any way
Whether arbitration provisions of the parties’ “Physician Employment Agreement,” dated
March 31, 2015 [APPX. 91-100], were waived by Appellant dun'ng the underlying
action by the Pinellas County Office of Human Rights (“PCOHR”) or Whether the
PCOHR had proper jun'sdiction over Appellee’s claims. Each party reserves the light to
maintain its arguments lodged before this Court if for any reason the stay is lifted and the
matter is not subsequently dismissed.
A Proposed Order to stay this appeal has been provide 0 the parties and the
Court. The parties respectfully seek entry of the Proposed
Dated: ,
2017
Moore Marcario
/s/ Jamie
Jamie Moore Marcario, Esq.
0089366
Florida Bar N0.:
J amie@uncommonlegal.com
eservice@uncommonlegal.com
Uncommon Legal, PA.
2260 5th Avenue South, Suite 1

'
Phone: (727) 300-19' . swalker@jclaw.com
Counsel for Appel '
ndary: leller@jclaw.com
is notice and motion comply with the font
16 of Appeal Procedure 9.210(a).
/s/ Jamie Moore Marcario

Counsel for Appellant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing Notice of Stipulation
for Stay of Appeal Pending Arbitration has been served Via the Florida electronic
portal to all parties listed on the attached Master Service List on this day of
October, 2017.
e Marcario
0r Appellant
William Paul Cassidy, Jr.

Johnson & Cassidy, PA.
324 S Hyde Park Ave., Suite 325
Tampa, FL 33606-4122wa
Phone: (813) 699-4857
Fax: (813) 235-0458
Email: wcassidy@jclaw.com
'
Secondary Emails: swalker@jclaw.co A

Pinellas Hematology v. Pinellas County

Diunggah oleh

Informasi Dokumen

Hak Cipta

Format Tersedia

Bagikan dokumen Ini

Bagikan atau Tanam Dokumen

Opsi Berbagi

Apakah menurut Anda dokumen ini bermanfaat?

Apakah konten ini tidak pantas?

Hak Cipta:

Format Tersedia

Pinellas Hematology v. Pinellas County

Diunggah oleh

Hak Cipta:

Format Tersedia

Case Number:18-003699-CI

Filing # 73085591 E-Filed 06/05/2018 11:39:00 AM

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

PINELLAS COUNTY, a political Case No.:

COMPLAINT FOR DECLARATORY JUDGMENT,

PARTIES, JURISDICTION, AND VENUE

ambiguous, and denies PHO’s right to procedural due process,

(“Agreement”), a true and correct copy of which is attached hereto as Exhibit D.

4. Plaintiff Pinellas Hematology and Oncology, PA (“PHO”) is a professional medical

the laws of the State of Florida.

6. Defendant David M. Dresdner, M.D., P.A. (“DMD PA”) is professional medical

7. Defendant David M. Dresdner, MD. is an individual residing at 125 Park Street S,

Apt. 50, St. Petersburg, Florida 33707.

THE PINELLAS COUNTY WAGE THEFT ORDINANCE

11. On January 1, 2016, a newly-adopted Pinellas County ordinance prohibiting wage

eliminate and prevent wage theft.” Ordinance § 70-303.

state the intended application and beneﬁt of the Ordinance:

Eliminating the underpayment or nonpayment of wages earned by

wages.” Ordinance § 70-303.

pursuant to a business-to-business agreement.

for which those wages were compensation . . .

entitled to a hearing before a special magistrate. Ordinance § 70-307.

claimant qualiﬁes as an “employee” as deﬁned by the Ordinance or Whether the respondent

procedure are stated solely in terms of “employee” and “employer.”

threshold amount criterion”).

quasi-judicial hearing before a special magistrate.

22. Procedurally, the respondent is offered an opportunity to ﬁle a written answer to

25. The Ordinance is silent as to contractual disputes between business entities or

as to business-to-business or other non-employer-employee relationships, except to say that

B. THE AGREEMENT BETWEEN PHO AND DNID PA

the contract memorializing the parties’ complex business transaction.

THIS PHYSICIAN EMPLOYMENT AGREEMENT (this "Agreemenlt") is made

Comnensation. The Practice will pay Physician an annual salary of

5.3 Malpractice Insurance. The Practice shall not purchase malpractice

deposit (Ex. D 11 10.18), and transfer of contractual obligations (Ex. D 11 10.20).

and has never been, on PHO’s employee payroll.

9. Arbitration. The Practice and Physician agree to utilize a system of alternative

compensation must be submitted to binding arbitration.

medical stande of care, among other things.

installment payments to DMD PA.

treats the parties as the business entities deﬁned in the Agreement.

C. THE WAGE THEFT ACTION AGAINST PHO BY DR. DRESDNER

correspondence sent by PCOHR is appended hereto as Exhibit H.

DMD PA and PHO in support.

during the hearing before the PCOHR.

presentation from the employer.” (Tr, 4:24-5:1) (Emphasis added).

THE COURT: Okay. On your preliminary matter, I’m going to ﬁnd

sufﬁciently been — has sufﬁciently occurred with regard to litigation

party to the DMD PA-PHO Agreement.

so stating during the hearing.

process. (Tr. 14:14-18).

jurisdiction, arbitrability, or waiver. (Tr. 14:19-15:2, 99:15-101:2).

requirements to be awarded treble damages against PHO.

of setoff for DMD PA’s breaches of the Agreement.

standing, and setoff, PHO was left

Circuit Court of the Sixth Judicial Circuit,

Hematologv and Oncologv V. David.

did on September 8, 2016.

Dresdner, M.D., Sixth Judicial Circuit Court Case No.

professional association entities—DMD PA and PHO.

denying Dr. Dresdner’s motion to stay pending his appeal

0798, L.T. No. 16-000047AP-88A.

D. PHO’S CLAIMS AGAINST DMD PA

against DMD PA.