UNITED STATES OF AMERICA EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DAVID BUNTING, Petitioner, ¥ EEOC Charge No. 510-2016-0082 BLACKSTONE MEDICAL SERVICES, LLC, Respondent. RESPONDENT BLACKSTONE MEDICAL SERVICES, LLC'S RESPONSE TO PETITIONER’S CHARGE OF DISCRIMINATION Blackstone Medical Services, LLC (Blackstone) recently received the EEOC’s Notice of Charge of Discrimination in the above-referenced matter. The Respondent categorically denies it discriminated against Mr. Bunting in any way, including but not limited to discrimination on the basis of religion. ‘The allegations by Mr. Bunting are nothing more than false accusations from a disgruntled former employee who was terminated for lack of performance after multiple warnings and opportunities to improve. As this response will unequivocally demonstrate, there is ample documentary and testimonial evidence to refute his specious claims. Mr. Bunting’s asserts, to synopsize, that he was pressured by Blackstone principals to become involved with the Church of Scientology and was terminated when he declined. His claim is laughably, and importantly, demonstrably absurd. Blackstone employs approximately 20 individuals. As the affidavits of Blackstone's employees attest, none are involved with Scientology. Exhibit “A”. More importantly, none of the individuals employed at Blackstone have ever been told, asked, or in any way pressured by any Blackstone principal, agent, officer, or any other Blackstone individual to attend any Scientology meetings, services, or any other Scientology events. Likewise, the Blackstone employees universally assert that their respective religious beliefs, or lack thereof, are private matters and have never been a topie of conversation at Blackstone. ‘The employees also are in agreement that they have never felt that their willingness or refusal to participate in Scientology had any bearing on their job responsibilities or their ability to receive a raise or promotion, Religion in general, and Scientology specifically, is simply not something that is ever discussed at Blackstone. In reality, the reason Mr. Bunting was fired has nothing to do with his involvement or lack thereof in Scientology and everything to do to with his failure to perform, including a failure to abide by the written performance benchmarks he himself set for himself. Simply put, Mr. Bunting was hired and employed as a salesman, and he was not selling.March 24, 2016 Page 2 of $ In order to understand the utter frivolity of Mr. Bunting’s claims, his employment must be seen in. its proper context. Contrary to any religious discriminatory intent or adverse employment action, Blackstone actually promoted Mr. Bunting when another Blackstone employee, Mr. Nicholas Skijus (also a non-Scientologist) was himself promoted. Specifically, in or around January, 2015 Mr. Skijus was promoted to regional sales manager and became Mr. Bunting’s supervisor. As a result, Mr. Bunting was given an expanded territory, Originally Mr. Bunting was responsible for just south Hillsborough County, and Mr. Skijus was responsible for north Hillsborough County. When Mr. Skijus was promoted, Mr. Bunting was given north Hillsborough in addition to south Hillsborough, and along with it the ‘opportunity to make significantly more money. Prior to their promotions, Messrs. Bunting and Skijus were both averaging 12-15 office visits per day in their respective territories, When Mr. Bunting was given the entire region, Blackstone wanted to know his plan for success ~ a very reasonable request of a salesman. Mr. Bunting himself drew up his performance goals, and sent them via email on or about January 27, 2015, attached as Exhibit “B”. As that email reflects, there were 178 active clients in north Hillsborough alone. Mr. Bunting committed himself to making an average of 18 office visits per day, or 90 per week, in addition to his 13 to 15 per day in south Hillsborough. Again, these are goals created by Mr. Bunting himself, not goals handed to him by Blackstone. Unbeknownst to Blackstone, at the same time he was promoted Mr. Bunting was also apparently experiencing marital difficulties with his wife Carmen and was on the verge of getting a divorce. He approached one of Blackstone's principals, Mr. Tipnes, and sought his counsel because he knew that Mr. ‘Tipnes had been through something similar with his own ex-wife. He told Mr. Tipnes that he was “fed up with [his wife's] behavior and “was ready to move out” and “wanted to get an apartment.” Mr. Tipnes suggested that it would be better to speak after hours, not during the work day, and the two agreed to meet later that evening. When they did meet, Mr. Bunting confided further in Mr. Tipnes. He told Mr. Tipnes that his wife always sleeps in, leaving him to shoulder the entire burden of getting his two daughters ready for school, fix their breakfast, and get them dressed. He told Mr. Tipnes that he feels like he is essentially a single father, how she [Carmen] comes home late everyday usually around 7 ~ Spm, He said he feels “as though we are passing ships”, He said that she makes him “feel small” and that when he speaks to her about this, she always tums it around to make it his fault. He complained about having to lay bricks in the driveway and that he was in pain and wanted to hire someone else to do it, but Carmen insisted that he do it, He stated that he was mad about that. Mr. Tipnes advised Mr. Bunting that he had benefitted from a marital counseling program he had found usefull when he was going through his own marital difficulties, and offered to bring Mr. Bunting to that program to see if he was interested. Mr. Bunting eagerly accepted the invitation, and that evening the ‘two went to Ybor City where Mr. Bunting was given a tour of the facility and enlightened on what ccourses he could do that might benefit him. Mr. Tipnes did not put pressure on Mr. Bunting one way or the other. He was simply responding to Mr. Bunting’s request for help by bringing him to the program so he could make his own independent determination as to whether it was something in which he was interested. Mr. Bunting did in fact express an interest in the program but stated that he needed to check with his wife before he committed. As no time did Mr. Tipnes ever put any pressure on Mr. Bunting one way or the other, or suggest in any way that his decision would have any effect on his employment at BlackstoneMarch 24, 2016 Page 3 of 5 The next moming, Mr. Bunting sought out Mr. Tipnes and told him that his wife had flatly refused to be involved, and in fact told Mr. Bunting that if he signed up she would divorce him. Mr. Bunting was still excited about the program, and still wanted to do it, but told Mr. Tipnes that “Carmen Just has a closed mind and is very stubborn.” Mr. Tipnes did not try to convince him to change his mind, did not put pressure on him to sign up notwithstanding his wife’s objections, He simply told Mr. Bunting that if he ever needed any help to let him know. Shortly thereafter, Mr. Bunting was speaking with his regional sales Manager Nick Skijus who, just like every other Blackstone employee, is not a Scientologist, has never been pressured to become involved with Scientology, and is still employed with Blackstone. Subsequent to his promotion, Mr. Bunting’s sales performance had been steadily declining, presumably at least in part because of his ‘marital strife, Mr. Bunting’s lackluster performance had been brought to his attention on numerous prior coceasions, However, Mr. Bunting told Mr. Skijus that he believed that the reason he was taking criticism was not because of his poor performance but rather because he hadn’t embraced Scientology. Mr. Skijus immediately told Mr. Bunting that that was nonsense, which Mr. Skijus knew to be true from his own personal experience, and that Mr. Bunting needed to call a meeting with Mr. Tipnes and Dr. Master immediately to clear the air. In fact, Mr. Skijus said that if Mr. Bunting didn’t call the meeting, he would. The meeting took place at 4 p.m. on August 19% Present were Mr. Skijus, Mr. Tipnes, Dr. Master, and Mr. Bunting. To open the meeting, Dr. Master advised Mr. Bunting of what Mr. Skijus had relayed to them, He advised Mr. Bunting that as far as Blackstone is concemed the issue with Mr. Tipnes and Mr. Bunting regarding his personal issues was entirely that — a personal issue. He further advised Mr. Bunting that whether he chose to take part in any programs was entirely up to him, and would have no bearing whatsoever on his employment. Mr. Bunting relayed his belief, unfounded as it was, that he was being criticized because he was not involved with Scientology. However, Mr. Tipnes and Dr. Master flatly refuted that suggestion, and stressed that he was simply not performing. Mr. Skijus reminded Mr. Bunting that he himself was not involved with Scientology, and that Mr. Bunting was not only not being criticized or terminated, but in fact both Messrs. Skijus and Bunting had recently been promoted. In light of Mr. Bunting’s even making such a suggestion, specious and unfounded as it was, Dr. Master adamantly told him don’t become involved in Scientology, do not go to any more programs, do not discuss it, think about it, or be involved in it in any way. In fact, to eliminate any shadow of a doubt that Mr. Bunting might still have had, Dr. Master specifically told Mr. Bunting that “we don’t want you to go.” Mr. Bunting knows full well that Dr. Master has never asked him to attend any meetings outside of work and has never had any conversation with Mr. Bunting about his personal issues, and to allege otherwise is more fancied story-telling to distract attention from the real issue and the true reason he was terminated, his lack of sales performance. To reinforce the point that the source of the criticism directed toward Mr. Bunting was simply his performance, Mr. Tipnes and Dr. Master provided Mr. Bunting with a graph showing his declining sales performance, which is attached as Exhibit “C”.' As is clearly evident, both his office visits and his * after Mr. Bunting's termination, his sales teritory was reassigned to another employee on Blackstone's sales, force, Mr. Gerald Arsenault. Hence, the graph attached as Exhibit “A” bears the name of Mr. Arsenault, but the period depicted reflects the time during which the territory was assigned to Mr. BuntingMarch 24, 2016 Page 4 of 5 verified orders placed steadily declined from June through August. Simply put, he was not making enough sales calls, which correlated into insufficient orders being placed. Stated another way, Mr. Bunting was a salesman who was not selling. However, rather than terminate him immediately, which Blackstone would have been well within its rights to do, Mr. Tipnes, Mr. Skijus and Dr. Master worked with Mr. Bunting to try to improve his sales numbers. That hardly sounds like religious discrimination. At the August 19" meeting, Blackstone and Mr. Bunting executed a written success plan, acknowledging the performance problems Mr. Bunting was experiencing and the proposed actions to remedy those problems. That written success plan is attached as Exhibit “D”. As is referenced in the plan, the August 19% meeting was not the first time Mr. Bunting was confronted with his lackluster performance issues by Blackstone. Rather, he had previously met with Mr. Tipnes on July 17% to discuss his declining sales. As the performance graph in Exhibit “C” shows, the downward trend continued through the week ending July 24%, and continued to decline through the end of August, with the lone exception being a minor spike for the week ending July 31%, Because of his failure to reverse his falling sales figures, another meeting was held on August 5* to discuss why there had been no improvement subsequent to the July 17 meeting. The attendees, including specifically Mr. Bunting, concluded that the reason for his lackluster sales was that he was engaging in too few sales activities such as office visits, business lunch meetings, and networking social events. Despite having set very attainable goals for himself, Mr. Bunting never even came close to fulfilling them. Instead of making an average of 18 office visits per day as he had committed to doing, Mr. Bunting was only averaging 53 visits per week, or 10.6 per day, about half of what he had committed to, Not surprisingly, with lackluster effort comes lackluster performance, and Mr. Bunting’s sales plummeted. Sales in the month of August, after Mr. Bunting had taken over north Hillsborough and was solely responsible for the entire county, were down 18 percent, or about three orders per day. Consequently, any adverse employment action in the face of an 18% decline in sales and revenue is clearly neither religiously- based nor pretextual. Rather, his termination was because he was not doing his job and as a result the company was losing significant revenue and market share. Once again, however, Blackstone did not terminate him immediately, but rather tried to work with him once more to improve his performance. They once again met, and Mr. Bunting once again reaffirmed his commitment to making 18-20 office visits per day, hosting 3 or 4 business lunches per week, and conducting bi-monthly networking or promotional events. Mr. Bunting acknowledged his poor performance in the past, as well as his commitment for improvement, and signed the attached written success plan. Unfortunately, as his performance graph clearly demonstrates, his performance not only didn't improve, but in fact continued to decline, Moreover, Mr. Bunting continued to fail to live up to the very goals he himself set and not surprisingly sales continued to decline, Therefore, having exhausted every option and shown far more patience than most other companies would, Blackstone had no option but to make a change. Blackstone simply couldn't afford to keep a salesman on their sales force who was chronically underperforming as Mr. Bunting was.March 24, 2016 Page 5 of 5 Nonetheless, Blackstone didn’t have and continues not to have any animosity or ill-will toward Mr. Bunting. Blackstone offered to keep him on, at least temporarily, to train other salesmen about Blackstone products. Mr. Bunting declined Blackstone’s offer for continued employment. In addition, Mr. Skijus offered to be a positive reference for him in the even he needed one for a new potential employer. To this day, Mr. Skijus has never been contacted by anyone asking for a reference for Mr. Bunting and it appears Mr. Bunting has chosen not to avail himself of this opportunity. Mr. Skijus also told Mr. Bunting that he wished he were stil at Blackstone. Mr. Bunting, however, said “No. Itis better this way. I want Blackstone to succeed.” With that, Mr. Bunting left the office. In short, Mr. Bunting’s termination had nothing to do with discrimination, religious or otherwise. It had everything to do with chronic underperformance and falling sales and revenue-generation. Numbers do not lie, and in this case they clearly demonstrate a complete lack of discrimination on any basis other than performance, The falling numbers prove that. The unfulfilled goals prove that. ‘The action plan that he himself developed but repeatedly failed to adhere to proves that. Most tellingly, Blackstone's employees, none of whom are Scientologists or have been pressured into Scientology yet somehow managed not to be terminated clearly proves that. Simply put, there is no religious discrimination at Blackstone, None. All there is is accountability and it is on that basis and that basis alone that Mr. Bunting was terminated. ‘Therefore, in light of the overwhelming evidence contrary to your client's fabricated story, Mr. Bunting’s claims are clearly unmeritorious and unpersuasive. As such, I respectfully request that the EEOC make a finding of “No Probable Cause” and dismiss Mr. Bunting’s claims. Respectfully submitted this March 24, 2016. ‘Hunter H. Chamberlin, Esq, ‘Chamberlin Crowe, PA Attomey for the Respondent 2909 W Bay to Bay Blvd., Suite 300 ‘Tampa, FL 33629 813-839-1300 Hunter@cepalawfirm.comAFFIDAVIT OF CHRISTINE ARTHUR ‘Before me, this undersigned authority, personally appeared Christine Arthur who being known to me or otherwise providing sufficient proof of idettity, and being duly sworn, deposes and says as follows: 1, Mynameis Christine Arthur. Iam currently an employee of Blackstone Medi LLC (Blackstone), and have been so employed since September, 2015. 2. My current position is Collections Manager. 3. Tam not now nor have T ever been involved with Scientology. 4. Both principals of Blackstone, Mr. Tipnes and Dr, Master are both aware that I am not involved in Scientology and have no interes in participating in Scientology. 5. Ato time during my employment with Blackstone have I ever been told, asked, or in any Way pressured by any Blackstone principal, agent, officer, or anyone else affiliated with Blackstone, including but not limited Mr. Tipnes and Dr. Master, to attend any Scientology meeting, service, or any other event affiliated with Scientology. 6. To the contrary neither my religious beliefs nor those of anyone else affiliated with Blackstone, including Mr. Tipnes and Dr. Master, have ever been a topic of discussion at Blackstone, 7. Thave also never been told nor have T ever felt that my religious beliefS were in any way relevant to my job responsibilities or my continued employment at Blackstone. 8. Thhave never heard Mr. Tipnes, Dr. Master, or anyone else at Blackstone ever discussing any topic pertaining to any religion, including Scientology. It is simply not something that has ever been discussed in the workplace at Blackstone, 9. have never suffered nor been threatened with any adverse employment action for declining, refusing, or choosing not to have any affiliation with Scientology. Rather, Thave always felt and Continue to believe that the only thing on which my job depends is my job performance. 10. T.do not believe that anyone at Blackstone cares at all about my religious convictions or lack thereof, and do not believe it has ever affected my employment, Exhibit "A"itis a true reflection of my beliefs, not because I am 11, Lam executing this affidavit becaus Under any coercion, duress or pressure to execute this affidavit PURTHER AFFIANT SAYETH NOT. STATE OF FLORIDA County oF: US BOTOU bet Swom to and subserbed before me this Zl] 99) ot MUA YAR, 2016, eye Art ho is either personally known to me or produced FL DL AWS 10) =O Tash&eMitistion Att Qandoee Notary Public Ni es AB(G CAMPBELL, Before me, this undersigned authority, personally appeared Greg Campbell who being known to me or otherwise providing sufficient proof of identity, and being duly sworn, deposes and says as follows: 1 My name is Greg Campbell, Iam currently an employee of Blackstone Medical Services, LLC (Blackstone), and have been so employed since January, 2016. 2, My current position is Physician Sleep Advisor, 3. Tam not now nor have I ever been involved with Scientology. 4, Both principals of Blackstone, Mr. Tipnes and Dr. Master are both aware that I am not involved in Scientology and have no interest in participating in Scientology. 5. Atno time during my employment with Blackstone have I ever been told, asked, or in any way pressured by any Blackstone principal, agent, officer, or anyone else affiliated with Blackstone, including but not limited Mr. Tipnes and Dr. Master, to attend any Scientology meeting, service, or any other event affiliated with Scientology. 6, To the contrary neither my religious beliefs nor those of anyone else affiliated with Blackstone, including Mr. Tipnes and Dr. Master, have ever been a topic of discussion at Blackstone. 7. Thave also never been told nor have I ever felt that my religious beliefs were in any way relevant to my job responsibilities or my continued employment at Blackstone. 8. [have never heard Mr. Tipnes, Dr. Master, or anyone else at Blackstone ever discussing any topic pertaining to any religion, including Scientology. It is simply not something that has ever been discussed in the workplace at Blackstone. 9. [have never suffered nor been threatened with any adverse employment action for declining, refusing, or choosing not to have any affiliation with Scientology. Rather, I have always felt and continue to believe that the only thing on which my job depends is my job performance. 10. I do not believe that anyone at Blackstone cares at all about my religious convictions or lack thereof, and do not believe it has ever affected my employment11, Lam executing this affidavit because it is a true reflection of my beliefs, not because I am under any coercion, duress or pressure to execute this affidavit, FURTHER AFFIANT SAYETH NOT, Greg Campbell STATE OF FLORIDA COUNTY OF: HIULSEOLOV OEE Sworn to and subscribed before me wi 2 or MAC, 2016, by Greg Campbell, who ther personally known to me or produced] 4 - ZB - S1- B]B-Oss identification. lining 4 ROA ABU, SSE, . ERPS Wonca Abul z, xe Notary Public 36; = $ “ip Ss “oie “HRS “2 “iARFIDAVIT OF JULISSA RO COSME Before me, this undersigned authority, personally appeared Julissa Rosa Cosme who being known ‘to me or otherwise providing sufficient proof of identity, and being duly sworn, deposes and says as follows: 1 My name is Julissa Rosa Cosme, I am currently an employee of Blackstone Medical Services, LLC (Blackstone), and have been so employed since April, 2012. 2. My current position is Director of Patient Education. 3. Tam not now nor have | ever been involved with Scientology. 4, Both principals of Blackstone, Mr. Tipnes and Dr. Master are both aware that I am not involved in Scientology and have no interest in participating in Scientology. 5. At no time during my employment with Blackstone have I ever been told, asked, or in any way pressured by any Blackstone principal, agent, officer, or anyone else affiliated with Blackstone, including but not limited Mr. Tipnes and Dr. Master, to attend any Scientology meeting, service, or any other event affiliated with Scientology. 6. To the contrary neither my religious beliefs nor those of anyone else affiliated with Blackstone, including Mr. Tipnes and Dr. Master, have ever been a topic of discussion at Blackstone. Thave also never been told nor have I ever felt that my religious beliefs were in any way relevant to my job responsibilities or my continued employment at Blackstone. 8. Thave never heard Mr. Tipnes, Dr. Master, or anyone else at Blackstone ever discussing any topic pertaining to any religion, including Scientology. It is simply not something that has ever been discussed in the workplace at Blackstone. 9. Thave never suffered nor been threatened with any adverse employment action for declining, refusing, or choosing not to have any affiliation with Scientology. Rather, | have always felt and continue to believe that the only thing on which my job depends is my job performance. 10. 1 do not believe that anyone at Blackstone cares at all about my religious convictions or lack thereof, and do not believe it has ever affected my employment.11, Lam executing this affidavit because it is a true reflection of my belie under any coercion, duress or pressure to execute this affidavit. FURTHER AFFIANT SAYETH NOT STATE OF FLORIDA COUNTY OF: HILISBOIZOUaH Swom to and subscribed before me this2U iy of (VV 22016, by ylissa Rosa Cosme, who is ee to me or produced LZ TL- YW AZ - 12F MHA entification. % = Nolary PublicAFFIDAVIT OF ERIC DIEHL, Before me, this undersigned authority, personally appeared Eric Diehl who being known to me or otherwise providing sufficient proof of identity, and being duly swom, deposes and says as follows: 1 My name is Eric Diehl. 1 am currently an employee of Blackstone Medical Services, LLC (Blackstone), and have been so employed since June 2015, 2. My current position is Physician Sleep Advisor. 3. Lam not now nor have I ever been involved with Scientology. 4. Both principals of Blackstone, Mr. Tipnes and Dr. Master are both aware that I am not involved in Scientology and have no interest in participating in Scientology. 5. Atno time during my employment with Blackstone have I ever been told, asked, or in any way pressured by any Blackstone principal, agent, officer, or anyone else affiliated with Blackstone, including but not limited Mr. Tipnes and Dr. Master, to attend any Scientology meeting, service, or any other event affiliated with Scientology. 6. To the contrary neither my religious beliefs nor those of anyone else affiliated with Blackstone, including Mr. Tipnes and Dr. Master, have ever been a topic of discussion at Blackstone. 7. Thave also never been told nor have I ever felt that my religious beliefs were in any way relevant to my job responsibilities or my continued employment at Blackstone, 8. Thave never heard Mr. Tipnes, Dr. Master, or anyone else at Blackstone ever discussing any topic pertaining to any religion, including Scientology. It is simply not something that has ever been discussed in the workplace at Blackstone. 9. Thave never suffered nor been threatened with any adverse employment action for declining, refusing, or choosing not to have any affiliation with Scientology. Rather, Ihave always felt and continue to believe that the only thing on which my job depends is my job performance. 10. Ido not believe that anyone at Blackstone cares at all about my religious convictions or lack thereof, and do not believe it has ever affected my employment.11. Tam executing this affidavit because it is a true reflection of my beliefs, not because I am under any coercion, duress or pressure to execute this affidavit. FURTHER AFFIANT SAYETH NOT, oS Eric Diehl STATE OF FLORIDA, county or: HWS BOZDUOL ‘Swom to and subscribed before me thi Mor Macch, 2016, by Exje Diehl, who is either personally kacayyjggpe oF produced L, DY00 -2 uk bbs ite Ri ANRClA ABM Doria OCD Notary Public ation,AFFIDAVIT OF VANESSA LOPEZ, Before me, this undersigned authority, personally appeared Vanessa Lopez who being known to ime of otherwise providing sufficient proof of identity, and being duly sworn, deposes and says as follows: 1 ‘My name is Vanessa Lopez. Iam currently an employee of Blackstone Medical Services, LLC (Blackstone), and have been so employed since January, 2016. 2, My current position is Assistant of Production. 3. Tam not now nor have I ever been involved with Scientology. 4. Both principals of Blackstone, Mr. Tipnes and Dr. Master are both aware that I am not involved in Scientology and have no interest in participating in Scientology. 5. At no time during my employment with Blackstone have I ever been told, asked, or in any way pressured by any Blackstone principal, agent, officer, or anyone else affiliated with Blackstone, including but not limited Mr. Tipnes and Dr. Master, to attend any Scientology meeting, service, or any other event affiliated with Scientology. 6. To the contrary neither my religious beliefs nor those of anyone else affiliated with Blackstone, including Mr. Tipnes and Dr. Master, have ever been a topic of discussion at Blackstone. 7. Thave also never been told nor have I ever felt that my religious beliefs were in any way relevant to my job responsibilities or my continued employment at Blackstone. 8. Thave never heard Mr. Tipnes, Dr. Master, or anyone else at Blackstone ever discussing any topic pertaining to any religion, including Scientology. It is simply not something that has ever been discussed in the workplace at Blackstone. 9. Thave never suffered nor been threatened with any adverse employment action for declining, refusing, or choosing not to have any affiliation with Scientology. Rather, [ have always felt and continue to believe that the only thing on which my job depends is my job performance. 10. Ido not believe that anyone at Blackstone cares at all about my religious convictions or lack thereof, and do not believe it has ever affected my employment.11. Tam executing this affidavit because it is a true reflection of my beliefs, not because I am under any coereion, duress or pressure to execute this affidavit. FURTHER AFFIANT SAYETH NOT. ‘Vanessa Lopez STATE OF FLORIDA COUNTY OF: HJUSBOZov @ + Swom to and subseribed before me thigh Ret oath, 2016 Vanes (en is either dityjpown to me or produced FL DL. 20 -S00 Ki tS is oe BU, + TTS 2 “mn Notary Public eM we MamTiiNNWWSAFFIDAVIT OF YOANDRA MESA Before me, this undersigned authority, personally appeared Yoandra Mesa who being known to me or otherwise providing sufficient proof of identity, and being duly swom, deposes and says as follows: 1 My nam ‘Yoandra Mesa. I am currently an employee of Blackstone Medical Services. LLC (Blackstone), and have been so employed since December, 2015. 2. My-current position is Receptionist. 3. Tam not now nor have I ever been involved with Scientology. 4. Both principals of Blackstone, Mr. Tipnes and Dr. Master are both aware that [ am not involved in Scientology and have no interest in participating in Scientology. 5. Ato time during my employment with Blackstone have I ever been told, asked, or in any way pressured by any Blackstone principal, agent, officer, or anyone else affiliated with Blackstone, including but not limited Mr. Tipnes and Dr. Master, to attend any Scientology meeting, service, or any other event affiliated with Scientology. 6. To the contrary neither my religious beliefs nor those of anyone else affiliated with Blackstone, including Mr. Tipnes and Dr. Master, have ever been a topie of discussion at Blackstone. 7. Ihave also never been told nor have I ever felt that my religious beliefS were in any way relevant to my job responsibilities or my continued employment at Blackstone. 8. Thave never heard Mr. Tipnes, Dr. Master, or anyone else at Blackstone ever discussing any topic pertaining to any religion, including Scientology. It is simply not something that has ever been discussed in the workplace at Blackstone. 9. I have never suffered nor been threatened with any adverse employment action for declining, refusing, or choosing not to have any affiliation with Scientology. Rather, I have always felt and continue to believe that the only thing on which my job depends is my job performance. 10. Ido not believe that anyone at Blackstone cares at all about my religious convictions or lack thereof, and do not believe it has ever affected my employment.11. Tam executing this affidavit because it isa true reflection of my beliefs, not because Lam tunder any coercion, duress or pressure to execute this affidavit, FURTHER AFFIANT SAYETH NOT, pr han dra Mesa STATE OF FLORIDA, county or: HILLSPOC Ov te ‘Sworn to and subscribed before me hi SUEY oR Lhe, 2016, by Yoandra Mesa, who nalpow 1 me or produced as idettcgon ttl, USc\sH O1S-BA—USU CUle Notary Public 0 Mm me Up aS ANOS “omAFFIDAVIT OF GIANNINA IRIARTE RODRIGUEZ, Before me, this undersigned authority, personally appeared Giannina Iriarte Rodriguez who being known to me or otherwise providing sufficient proof of identity, and being duly sworn, deposes and says as follows: 1. My name is Giannina triarte Rodriguez. I am currently an employee of Blackstone Medical Services, LLC (Blackstone), and have been so employed since December, 2015. 2. My current position is Logistics Assistant. 3. Tam not now nor have I ever been involved with Scientology. 4, Both principals of Blackstone, Mr. Tipnes and Dr. Master are both aware that I am not involved in Scientology and have no interest in participating in Scientology 5. Atno time during my employment with Blackstone have I ever been told, asked, or in any ‘way pressured by any Blackstone principal, agent, officer, or anyone else affiliated with Blackstone, including but not limited Mr. Tipnes and Dr. Master, to attend any Scientology meeting, service, or any other event affiliated with Scientology. 6. To the contrary neither my religious beliefs nor those of anyone else affiliated with Blackstone, including Mr. Tipnes and Dr. Master, have ever been a topic of discussion at Blackstone, 7, Thave also never been told nor have | ever felt that my religious beliefs were in any way relevant to my job responsibilities or my continued employment at Blackstone. 8. have never heard Mr. Tipnes, Dr. Master, or anyone else at Blackstone ever discussing any topic pertaining to any religion, including Scientology. It is simply not something that has ever been discussed in the workplace at Blackstone. 9. T have never suffered nor been threatened with any adverse employment action for declining, refusing, or choosing not to have any affiliation with Scientology. Rather, I have always felt and continue to believe that the only thing on which my job depends is my jab performance.10. Ido not believe that anyone at Blackstone cares at all about my religious convictions or lack thereof, and do not believe it has ever affected my employment. IL Lam executing this affidavit because it is a true reflection of my beliefs, not because I am under any coercion, duress or pressure to execute this affidavit. FURTHER AFFIANT SAYETH NOT, Dinsse bud Giannina Iriarte Rodriguez STATE OF FLORIDA, county or: H) USBOLOLEe Sworn to and subseribed before me this2/hay or YVOVEN 2016, iy Giannina sya “599-0 Rodriguez, who is either personally known to me or produced FLDL._ lol 3 - 280! identification (EX Lambada. Notary Public TTT Yale, §} Ta AWSAFFIDAVIT OF LINDSEY SHINHOLSER Before me, this undersigned authority, personally appeared Lindsey Shinholser who being known to me or otherwise providing sufficient proof of identity, and being duly sworn, deposes and says as follows: 1 My name is Lindsey Shinholser. 1 am currently an employee of Blackstone Medical Services, LLC (Blackstone), and have been so employed since September, 2011 2. My current position is Office Manager. 3. Tam not now nor have I ever been involved with Scientology. 4. Both principals of Blackstone, Mr. Tipnes and Dr. Master are bith aware that I am not involved in Scientology and have no interest in participating in Scientology. 5. Ato time during my employment with Blackstone have I ever been told, asked, or in any way pressured by any Blackstone principal, agent, officer, or anyone else affiliated with Blackstone, including but not limited Mr. Tipnes and Dr. Master, to attend any Scientology meeting, service, or any other event affiliated with Seientology. - 6. To the contrary neither my religious beliefs nor those of anyone else affiliated with Blackstone, including Mr, Tipnes and Dr. Master, have ever been a topic of discussion at Blackstone. 7. have also never been told nor have I ever felt that my religious beliefs were in any way relevant to my job responsibilities or my continued employment at Blackstone. 8. have never heard Mr, Tipnes, Dr. Master, or anyone else at Blackstone ever discussing any topic pertaining to any religion, including Scientology. It is simply not something that has ever been discussed in the workplace at Blackstone. 9 T have never suffered nor been threatened with any adverse employment action for declining, refusing, or choosing not to have any affiliation with Scientology. Rather, Ihave always felt and continue to believe that the only thing on which my job depends is my job performance. 10, I do not believe that anyone at Blackstone cares at all about my religious convictions or Jack thereof, and do not believe it has ever affected my employment.11, Tam executing this affidavit because it is a true reflection of my beliefs, not because I am under any coercion, duress or pressure to execute this affidavit. FURTHER AFFIANT SAYETH NOT, PS Lindsey Shinholser STATE OF FLORIDA COUNTY OF: HILLSBO Vote Sworn to and sbseried before me tig) Uy or TURP, , 2016, by Ligdey shins fo ay ae paige who is either personally known to me or produced FLDL_ SSUZ-SBP-u ly ee, nitieation, Notary Public UG “apg ie ANAFFIDAVIT OF JEREMY SIGLE Before me, this undersigned authority, personally appeared Jeremy Sigle who being known to me or otherwise providing sufficient proof of identity, and being duly sworn, depos and says as follows: 1. My name is Jeremy Sigle. Iam currently an employee of Blackstone Medical Services, LLC (Blackstone), and have been so employed since October, 2013, 2. My current position is Director of Production, 3. Lam not now nor have I ever been involved with Seientology. 4, Both principals of Blackstone, Mr. Tipnes and Dr. Master are both aware that I am not involved in Scientology and have no interest in participating in Scientology. 5. At no time during my employment with Blackstone have I ever been told, asked, or in any way pressured by any Blackstone principal, agent, officer, or anyone else affiliated with Blackstone, including but not limited Mr. Tipnes and Dr. Master, to attend any Scientology meeting, service, or any other event affiliated with Scientology. 6. To the contrary neither my religious beliefs nor those of anyone else affiliated with Blackstone, including Mr. Tipnes and Dr. Master, have ever been a topic of discussion at Blackstone. 7, Thave also never been told nor have I ever felt that my religious beliefs were in any way relevant to my job responsibilities or my continued employment at Blackstone. 8. have never heard Mr. Tipnes, Dr. Master, or anyone else at Blackstone ever discussing any topic pertaining to any religion, including Scientology. It is simply not something that has ever been discussed in the workplace at Blackstone. 9. TL have never suffered nor been threatened with any adverse employment action for declining, refusing, or choosing not to have any affiliation with Scientology. Rather, I have always felt and continue to believe that the only thing on which my job depends is my job performance, 10, I do not believe that anyone at Blackstone cares at all about my religious convictions or lack thereof, and do not believe it has ever affected my employment.I. Tam executing this affidavit because it isa true reflection of my belief®, not because I am under any coercion, duress or pressure to execute this affidavit. FURTHER AFFIANT SAYETH NOT. / Jeremy Sig STATE OF FLORIDA COUNTY OF: H) LLSBOTZOU4EE ‘Swom to and subscribed before me wis ZY he of MAC. 2016, nudges Sele who is either personally known to me or producedFLD S240 -U3d idemificdtion NU) NOI ABC Notary PublieAFFIDAVIT OF BEVERLY SIMMONS Before me, this undersigned authority, personally appeared Beverly Simmons who being known to me or otherwise providing sufficient proof of identity, and being duly sworn, deposes and says as follows: 1 My name is Beverly Simmons. I am currently an employee of Blackstone Medical Services, LLC (Blackstone), and have been so employed since September, 2015, 2 My current position is Billing Coordinator. 3. Tam not now nor have I ever been involved with Scientology. 4, Both principals of Blackstone, Mr. Tipnes and Dr. Master are both aware that I am not involved in Scientology and have no interest in participating in Scientology. 5. Atno time during my employment with Blackstone have I ever been told, asked, or in any way pressured by any Blackstone principal, agent, officer, or anyone else affiliated with Blackstone, including but not limited Mr. Tipnes and Dr. Master, to attend any Scientology meeting, service, or any other event affiliated with Scientology. 6 To the contrary neither my religious beliefs nor those of anyone else affiliated with Blackstone, including Mr. Tipnes and Dr. Master, have ever been a topic of discussion at Blackstone. 7. Thave also never been told nor have T ever felt that my religious beliefS were in any way relevant to my job responsibilities or my continued employment at Blackstone. 8. Thave never heard Mr. Tipnes, Dr. Master, or anyone else at Blackstone ever discussing any topic pertaining to any religion, including Scientology. It is simply not something that has ever been discussed in the workplace at Blackstone. 9. [have never suffered nor been threatened with any adverse employment action for declining, refusing, or choosing not to have any affiliation with Scientology. Rather, Ihave always felt and continue to believe that the only thing on which my job depends is my job performance. 10, I do not believe that anyone at Blackstone cares at all about my religious convictions or lack thereof, and do not believe it has ever affected my employment.11, Lam executing this affidavit because it is true reflection of my beliefs, not because I am under any coercion, duress or pressure to execute this affidavit PURTHER AFFIANT SAYETH NOT. BEVERLY SIMM STATE OF FLORIDA COUNTY OF:441LLSBOKOV bet Sworn to and subscribed before me wiset an ot VOLH 2016, by Bev who is ites ey own to me or produced ELDL S&BZ-Ol0S- (Oh ish NR AL nc day’ SR mpgs, intification, hui ta Noda Notary Public iis UTSARFIDAVIT OF NICHOLAS SKISUS Before me, this undersigned authority, personally appeared Nicholas Skijus who being known to me or otherwi providing sufficient proof of identity, and being duly swom, deposes and says as follows: 1 My name is Nicholas Skijus. Lam currently an employee of Blackstone Medical Services, LLC (Blackstone), and have been so employed approximately four years. 2. My current position is Regional Sales Manager. 3. Tam not now nor have I ever been involved with Scientology. 4. Both principals of Blackstone, Mr. Tipnes and Dr. Master are both aware that I am not involved in Scientology and have no interest in participating in Scientology. 5. At no time during my employment with Blackstone have I ever been told, asked, or in any way pressured by any Blackstone principal, agent, officer, or anyone else affiliated with Blackstone, including but not limited Mr. Tipnes and Dr. Master, to attend any Scientology meeting, service, or any other event affiliated with Scientology. 6. To the contrary neither my religious beliefS nor those of anyone else affiliated with Blackstone, including Mr. Tipnes and Dr. Master, have ever been a topic of discussion at Blackstone. 7. Thave also never been told nor have I ever felt that my religious beliefS were in any way relevant to my job responsibilities or my continued employment at Blackstone. 8. have never heard Mr. Tipnes, Dr. Master, or anyone else at Blackstone ever discussing any topic pertaining to any religion, including Scientology. It is simply not something that has ever been discussed in the workplace at Blackstone. 9. Thave never suffered nor been threatened with any adverse employment action for declining, refusing, or choosing not to have any affiliation with Scientology. Rather, [have always felt and continue to believe that the only thing on which my job depends is my job performance. 10. I do not believe that anyone at Blackstone cares at all about my religious convictions or lack thereof, and do not believe it has ever affected my employment.11. Tam executing this affidavit because it is a true reflection of my beliefs, not because I am under any coercion, duress or pressure to execute this affidavit, FURTHER AFFIANT SAYETH NOT. NICHOLAS SKIIUS STATE OF FLORIDA, county oF: HALLS BOZOK, Swom to and subscribed before me this fay of LV\QyCWA , 2016, by AICHOLAS sKLUS, who is either personally known to me or produeedF LDL_ $220 -WZ ete if a tification, Onint’s Qon Notary Public KE, “minFFIDAVIT OF SHANNON WILLOUGHBY Before me, this undersigned authority, personally appeared Shannon Willoughby who being known, to me or otherwise providing sufficient proof of identity, and being duly sworn, deposes and says as follows: 1. My name is Shannon Willoughby. I am currently an employee of Blackstone Medical Services, LLC (Blackstone), and have been so employed since June, 2012. 2 3. Tam not now nor have I ever been involved with Scientology. 4, Both principals of Blackstone, Mr. Tipnes and Dr. Master are both aware that I am not involved in Scientology and have no interest in participating in Scientology. 5. Ato time during my employment with Blackstone have I ever been told, asked, or in any way pressured by any Blackstone principal, agent, officer, or anyone else affiliated with Blackstone, including but not limited Mr. Tipnes and Dr. Master, to attend any Scientology meeting, service, or any other event affiliated with Scientology. 6. To the contrary neither my religious beliefs nor those of anyone else affiliated with Blackstone, including Mr. Tipnes and Dr. Master, have ever been a topic of discussion at Blackstone. 7. Lhave also never been told nor have I ever felt that my religious beliefs were in any way relevant to my job responsibilities or my continued employment at Blackstone. 8, Thave never heard Mr. Tipnes, Dr. Master, or anyone else at Blackstone ever discussing any topie pertaining to any religion, including Scientology. It is simply not something that has ever been discussed in the workplace at Blackstone. 9. [have never suffered nor been threatened with any adverse employment action for declining, refusing, or choosing not to have any affiliation with Scientology. Rather, I have always felt and continue to believe that the only thing on which my job depends is my job performance. 10. I do not believe that anyone at Blackstone cares at all about my religious convictions or lack thereof, and do not believe it has ever affected my employment.11, Lam executing this affidavit because it is a true reflection of my beliefs, not because Iam Under any coercion, duress or pressure to execute this affidavit FURTHER AFFIANT SAYETH NOT ao Willoughby a ; ] STATE OF FLORIDA county or: H1LLSBOZo Ube Swom to and subserbed before me tig] Yay of War Ch, 2016, by Sh epee tiation. whi “S Known to me or produced FL DL UMZ1 = VEY - oat ident 10 is ei ws or pr e%, bac alow Notary PublicDato: January 27, 2015 a1 8:31 AM ‘Tor Vick Tiones vines blackstonemedicalservices. com, Nick Skjusnsklus@biackstonemesdcalservies.com How to be successful in N. Hills while not letting S. Hills falter. Best Scenario will be week on week off. This break down is excluding February. Reason being; ve already started setting up follow up visits the third week of Feb. OF course this can be altered at any time, Week 1) N. Hills- 178 active accounts to be called on will result n 18 office visits per day and 90 (per week). That Seems realistic giving the next few months my goal will be to establish great contact by meeting with Front desk Staff, Referral Coordinators and Providers if given the opportunity. While maintaining the success that Nick has established. Week 2) Continue getting into the 178 accounts In N. Hills. Week 3 explains this scenario of N-N-S'N call schedule that can be put into a N-S-N'S after February Week 3) S. Hills- 86 active accounts to be called on will result in roughly 9 office visits a day and 45 (per week) Currently doing 13-15 a day. This provides plenty of room to continue the growth in S. Hills while giving flexibility to any additional attention to N. Hills. Example: all of the S. Hills accounts I call on this week 1/26-1/30 are scheduled for follow up visits the 3rd week of February; week of 2/16-2/20. | have been telling my contacts “I have great news; Ive recelved a promotion that resulted in me acquiring additional territory to call on. My goal is to give the new territory the same excellent service I've been providing to you. | want to insure that | stil receive the same continued support from you as well. This will only enhance they way | provide service across the board’. 'm also insuring that every contact of mine has all of my information readily available for them. | have stressed too them not to hesitate t0 call me if they need anything....concluding; I'm not going anywhere just getting better! Please let me know when you both would like to go over this?? 'm very excited for this opportunity and only want ‘continued success!!! | welcome any advise and of direction in achieving this goal David L Bunting Physician Sleep Advisor Blackstone Medical Services Cell - 813-777-7883 Office - 813-831-2727 Fax - 888-239-4616 illshors l is "The Preferred Choice in Home Sleep Testing’ Exhibit "B'Visits vs Orders In - Hillsborough # Office Visits - Hillsborough 06-04 Ph Ad S Hills Gerald Arsenault 1 Division = 10 # HST Orders In - Hillsborough & Veri 06-04 Ph Ad S Hills Gerald Arsenault = [ #110 t #100 |— E #30; 7 4 | | | eos $ ya PURE SSIS SRST ELSES SPIESLESL SES SS PES SEE LS LA Exhibit "C"e BLACKSTONE OQ MEDICAL SERVICES Nate Lznderin Hore Sp Teng a Tash Sons August 19-2015, David, I want to summarize what our concerns are about the territory so that there is no confusion to what we all want for that territory. The week ending July 17%, we met to discuss the stats and trends for the area. This decline continued into the week ending on July 24", Then the business had an upswing the week ending on July 31+ But then it continued to decline and has been as of last week, We had another meeting on August 5t* to discuss what was needed and wanted. We agreed that the current level of activity (office visits, lunches, happy hours, etc.) was not sufficient and that if those things didn't increase, the business would decline, and it is being realized now. We arrived at this conclusion based on the following data: When Nick was managing the North territory he was calling on an average of 12-15 offices per day. While at the same time you were managing the South territory and were calling on an average of 12-15 also. When we approached you about taking the north territory from Nick, you gave us a business plan, and said that you would do the following: “Call on 178 active accounts in the North, which would be 18 office visits per day or 90 week” “while maintaining your schedule for south, which you wrote down was 13-15 per day.” This hasn’t happened and this is what the data is showing us: June 343 orders 200 from North and 143 in South July 353 orders 215 from North and 138 in South August 288 trending ( down 18% or 3 orders per day) 181 North and 107 in South ab Exhibit "D" 405 5 Dale Mabry Hwy.» Suite 145 Tampa, FL 33609 «0 813-831-2727 - Toll Free 888-710-2727 Fax 888-239-4616 « wwvw.BlackstoneMedicalServices.comBLACKSTONE MEDICAL SERVICES rhe aber inom Sap esting a Tesh Stns Current average visits for the past 8 weeks is 53 per week or 10.6 per day. So based on the data above, the territory is declining and we need massive action now, not tomorrow! Also, it is clear based on the stats, that when the visits go up, so do the orders. It MAKES NO SENSE to ignore this. We all need to be in agreement on what is needed, and there cant be any excuses or justifications as to why this didn’t, can't or couldn’t happen, Itjust needs to be done! ‘What we need: 1+ We need a minimum of 18-20 visits per day if you have a lunch, more if you do not. 2+ We need 3-4 lunches per week 3- We need to do more bi-monthly events, either happy hours or some promotional events. ‘We still feel you are the right person for the job, but if your commitment level on the level of activity that we need doesn’t rise, then we can’t in all honesty keep meeting about the same topic, It just needs to happen! Ifyou are in agreement with all of this, then please sign and acknowledge that so that we can all be on the same page. Nick Skijus, Regional Sales Manager 405 5 Dale Mabry Hwy.» Suite 145 Tampa, FL 33609 «0 813-831-2727 «Toll Free 888-710-2727 «Fax 888-239-4616 « wiv. BlackstoneMedicalServices.com.