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Filing # 143450355 E-Filed 02/07/2022 05:02:33 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CIVIL DIVISION
JOSE SALVADOR SANTOS,
Plaintiff,
v. CASE NO.: 2021-CA-002522-OC
AEGIS MEDICAL GROUP, LLC
Defendants.
NOTICE OF FILING DECLARATION OF CARL PATTEN IN SUPPORT
OF MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS
Defendant, Aegis Medical Group, LLC (“Aegis”), hereby submits the Notice of Filing
Declaration in Support of Motion to Compel Arbitration and Stay Proceedings and states as
follows:
1. On December 17, 2021 Aegis filed its Motion to Compel Arbitration and Stay
Proceedings (“Motion to Compel”). The Motion to Compel argues that Plaintiff is party to a valid,
enforceable Agreement to Arbitrate Claims that covers the claims alleged by Plaintiff in his
Complaint.
2. The Motion to Compel is set for hearing on February 8, 2022.
3. Attached hereto as Exhibit A is the sworn Declaration of Carl Patten supporting
the Motion to Compel.
Dated: February 7, 2022
Respectfully submitted,
/s/ R. Quincy Bird
Cathleen Bell Bremmer (FBN 813028)
E-Mail: cbell@carltonfields.com
R. Quincy Bird (FBN 105746)
E-Mail: qbird@carltonfields.com
CARLTON FIELDS, P.A.
4221 W. Boy Scout Blvd., Suite 1000
Tampa, FL 33607
Telephone: (813) 223-7000
Facsimile: (813) 229-4133
Attorneys for Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on February 7, 2022, a copy of the foregoing has been sent via
the Florida e-portal to Plaintiff, pro se. The undersigned has also separately sent a copy of the
foregoing by U.S. Mail, postage prepaid, upon:
Dr. Jose Salvador Santos
1800 SW 59th Ave.
Plantation, FL 33317
/s/ R. Quincy Bird
Attorney
128446227
EXHIBIT A
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CIVIL DIVISION
. JOSE SALVADOR SANTOS,
Plaintiff,
v. CASE NO.: 2021-CA-002522-OC
AEGIS MEDICAL GROUP, LLC
Defendants.
DECLARATION OF CARL W. PATTEN, Jr. .
I, Carl W. Patten, Jr., being duly sworn, depose and state as follows:
1. My name is Carl W. Patten, Jr. The statements set forth in this declaration are based upon
my personal knowledge.
2. Iam over 21 years of age and competent to testify to the statements set forth in this
declaration.
3. Iam employed by Aegis Medical Group, LLC (“Aegis”) as its General Counsel.
4. In this position, my responsibilities include, but are not limited to, the management of
litigation risk and the development and implementation of company-wide risk mitigation
strategies as deemed appropriate by Aegis management.
5. In late 2019 or early 2020, Aegis management decided to implement a company-wide
alternative dispute resolutions program that made resolution of any and all employment
related disputes subject to mandatory and binding arbitration. All employees of Aegis,
including physicians, would be subject to the new alternative dispute resolution program.
6. To implement this program, all Aegis employees, including all physicians, were
presented with a standard form Agreement to Arbitrate Claims. All then current Aegis
employees, including all physicians, were expected to execute this agreement as a
condition of continued employment with Aegis. Approximately 125 employees and
physicians executed the Agreement to Arbitrate Claims as a result of this new Company
program.
7. Plaintiff, Dr. Jose Salvador Santos, was presented with the Agreement to Arbitrate
Claims. Plaintiff voluntarily executed this agreement on February 19, 2020, a true and
correct copy of which is attached hereto as Exhibit 1. Exhibit 1 is substantially identical
to the forms presented throughout the company as part of the company-wide initiative.
128440315.1
128440315.v1
8. Prior to Dr. Santos’ execution of the Agreement, however, I was informed that he had
reservations about executing the agreement, which was unusual, as Aegis employees and
physicians had overwhelmingly executed the Agreement. As a result, my associate Aura
Nafus and I traveled to meet with Dr. Santos on or about February 19, 2020 at his
Kissimmee, Florida office to listen to and address his concerns.
9. During the meeting, Dr. Santos expressed negative past experiences about signing
contracts in general, but he never raised any concerns about any company practice he
found objectionable, including but not limited to his alleged claims of improper
prescription practices, and I had no knowledge if he had made any such complaints prior
to my meeting with him.
10. Neither Ms. Nafus nor I made any coercive or threatening statements or actions toward
Dr. Santos at any time during the meeting.
11. During the meeting, I explained to Dr. Santos the company-wide nature of the initiative
and that, like every other employee presented with an arbitration agreement, it was
necessary for Dr. Santos to execute the agreement as a condition of his continued
employment. In no way was the decision to present Dr. Santos with the Agreement to
Arbitrate influenced by any complaints made by Dr. Santos, including but not limited to
any complaints about alleged improper prescription practices.
12. Plaintiff executed the Agreement to Arbitrate attached as Exhibit 1 during our February
19, 2020 meeting.
13, Plaintiff's statement that he “scratched out the word arbitration and wrote ‘mediation’” is
false. Exhibit 1 speaks for itself.
I declare under penalty of perjury that the foregoing is true and correct. ;
Executed on February 7, 2022
ao™
/
Carl W. Patten, Jr., JD, MPH
128440315.1
128440315.v1
EXHIBIT 1
AGREEMENT TO ARBITRATE CLAIMS
By entering into this binding Arbitration Agreement ("Agreement"), Employee and
Aegis Medical Group, a Florida Limited Liability Company (''the Company") are waiving
the right to a jury trial for all employment-related disputes, except as provided below.
Employee further understands that entering into this Agreement does not create a contract for
a specific duration or require cause for termination of Employee's employment with the
Company, including the Employee's at-will employment status with the Company.
In consideration for continued employment, Employee and the Company agree that
any dispute with any party that may arise out of or relate to Employee's employment with the
Company, the termination of Employee's employment with the Company, or any agreement
between Employee and the Company shall be resolved by mandatory, binding arbitration
pursuant to the procedures set forth below. This binding arbitration also includes any dispute
with the Company's affiliates, successors, owners, directors, officers, managers, employees,
agents, and any other parties directly related to Employee's employment.
Prior to initiating the arbitration process, Employee and the Company may first attempt S <; ·
to resolve any dispute between them through mediation. Employee and the Company will q _V'Li1
Preview
Filing # 143450355 E-Filed 02/07/2022 05:02:33 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CIVIL DIVISION JOSE SALVADOR SANTOS, Plaintiff, v. CASE NO.: 2021-CA-002522-OC AEGIS MEDICAL GROUP, LLC Defendants. NOTICE OF FILING DECLARATION OF CARL PATTEN IN SUPPORT OF MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS Defendant, Aegis Medical Group, LLC (“Aegis”), hereby submits the Notice of Filing Declaration in Support of Motion to Compel Arbitration and Stay Proceedings and states as follows: 1. On December 17, 2021 Aegis filed its Motion to Compel Arbitration and Stay Proceedings (“Motion to Compel”). The Motion to Compel argues that Plaintiff is party to a valid, enforceable Agreement to Arbitrate Claims that covers the claims alleged by Plaintiff in his Complaint. 2. The Motion to Compel is set for hearing on February 8, 2022. 3. Attached hereto as Exhibit A is the sworn Declaration of Carl Patten supporting the Motion to Compel. Dated: February 7, 2022 Respectfully submitted, /s/ R. Quincy Bird Cathleen Bell Bremmer (FBN 813028) E-Mail: cbell@carltonfields.com R. Quincy Bird (FBN 105746) E-Mail: qbird@carltonfields.com CARLTON FIELDS, P.A. 4221 W. Boy Scout Blvd., Suite 1000 Tampa, FL 33607 Telephone: (813) 223-7000 Facsimile: (813) 229-4133 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that on February 7, 2022, a copy of the foregoing has been sent via the Florida e-portal to Plaintiff, pro se. The undersigned has also separately sent a copy of the foregoing by U.S. Mail, postage prepaid, upon: Dr. Jose Salvador Santos 1800 SW 59th Ave. Plantation, FL 33317 /s/ R. Quincy Bird Attorney 128446227 EXHIBIT A IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CIVIL DIVISION . JOSE SALVADOR SANTOS, Plaintiff, v. CASE NO.: 2021-CA-002522-OC AEGIS MEDICAL GROUP, LLC Defendants. DECLARATION OF CARL W. PATTEN, Jr. . I, Carl W. Patten, Jr., being duly sworn, depose and state as follows: 1. My name is Carl W. Patten, Jr. The statements set forth in this declaration are based upon my personal knowledge. 2. Iam over 21 years of age and competent to testify to the statements set forth in this declaration. 3. Iam employed by Aegis Medical Group, LLC (“Aegis”) as its General Counsel. 4. In this position, my responsibilities include, but are not limited to, the management of litigation risk and the development and implementation of company-wide risk mitigation strategies as deemed appropriate by Aegis management. 5. In late 2019 or early 2020, Aegis management decided to implement a company-wide alternative dispute resolutions program that made resolution of any and all employment related disputes subject to mandatory and binding arbitration. All employees of Aegis, including physicians, would be subject to the new alternative dispute resolution program. 6. To implement this program, all Aegis employees, including all physicians, were presented with a standard form Agreement to Arbitrate Claims. All then current Aegis employees, including all physicians, were expected to execute this agreement as a condition of continued employment with Aegis. Approximately 125 employees and physicians executed the Agreement to Arbitrate Claims as a result of this new Company program. 7. Plaintiff, Dr. Jose Salvador Santos, was presented with the Agreement to Arbitrate Claims. Plaintiff voluntarily executed this agreement on February 19, 2020, a true and correct copy of which is attached hereto as Exhibit 1. Exhibit 1 is substantially identical to the forms presented throughout the company as part of the company-wide initiative. 128440315.1 128440315.v1 8. Prior to Dr. Santos’ execution of the Agreement, however, I was informed that he had reservations about executing the agreement, which was unusual, as Aegis employees and physicians had overwhelmingly executed the Agreement. As a result, my associate Aura Nafus and I traveled to meet with Dr. Santos on or about February 19, 2020 at his Kissimmee, Florida office to listen to and address his concerns. 9. During the meeting, Dr. Santos expressed negative past experiences about signing contracts in general, but he never raised any concerns about any company practice he found objectionable, including but not limited to his alleged claims of improper prescription practices, and I had no knowledge if he had made any such complaints prior to my meeting with him. 10. Neither Ms. Nafus nor I made any coercive or threatening statements or actions toward Dr. Santos at any time during the meeting. 11. During the meeting, I explained to Dr. Santos the company-wide nature of the initiative and that, like every other employee presented with an arbitration agreement, it was necessary for Dr. Santos to execute the agreement as a condition of his continued employment. In no way was the decision to present Dr. Santos with the Agreement to Arbitrate influenced by any complaints made by Dr. Santos, including but not limited to any complaints about alleged improper prescription practices. 12. Plaintiff executed the Agreement to Arbitrate attached as Exhibit 1 during our February 19, 2020 meeting. 13, Plaintiff's statement that he “scratched out the word arbitration and wrote ‘mediation’” is false. Exhibit 1 speaks for itself. I declare under penalty of perjury that the foregoing is true and correct. ; Executed on February 7, 2022 ao™ / Carl W. Patten, Jr., JD, MPH 128440315.1 128440315.v1 EXHIBIT 1 AGREEMENT TO ARBITRATE CLAIMS By entering into this binding Arbitration Agreement ("Agreement"), Employee and Aegis Medical Group, a Florida Limited Liability Company (''the Company") are waiving the right to a jury trial for all employment-related disputes, except as provided below. Employee further understands that entering into this Agreement does not create a contract for a specific duration or require cause for termination of Employee's employment with the Company, including the Employee's at-will employment status with the Company. In consideration for continued employment, Employee and the Company agree that any dispute with any party that may arise out of or relate to Employee's employment with the Company, the termination of Employee's employment with the Company, or any agreement between Employee and the Company shall be resolved by mandatory, binding arbitration pursuant to the procedures set forth below. This binding arbitration also includes any dispute with the Company's affiliates, successors, owners, directors, officers, managers, employees, agents, and any other parties directly related to Employee's employment. Prior to initiating the arbitration process, Employee and the Company may first attempt S <; · to resolve any dispute between them through mediation. Employee and the Company will q _V'Li1