in Re Benevis, LLC, Dentistry of Brownsville, P.C., and Kool Smiles, P.C., 15-0547

in Re Benevis, LLC, Dentistry of Brownsville, P.C., and Kool Smiles, P.C.

15-0547

| Tex. App. | Jul 24, 2015

Check Treatment

Case Information

No.

In the Supreme Court of Texas

IN RE:

BENEVIS, LLC, DENTISTRY OF BROWNSVILLE, P.C., AND KOOL SMILES, P.C.,

Relators.

SWORN RECORD

| Description | Tab | | :-- | :--: | | Antu Plaintiffs' Original Petition | 1 | | Antu Defendants' Answer to Plaintiffs' Original Petition | 2 | | Antu Plaintiffs' Fourth Amended Original Petition | 3 | | Stipulated Confidentiality Agreement and Protective Order | 4 | | Motion for Transfer to Multidistrict Litigation Pretrial Court | 5 | | Order Granting Plaintiffs' Motion to Amend Confidentiality Agreement and | 6 | | Protective Order | 6 | | Antu Plaintiffs' Motion to Amend Confidentiality Agreement and Protective | 7 | | Order, etc. | 8 | | Defendants' Response to Plaintiffs' Motion to Amend Confidentiality | 9 | | Agreement and Protective Order, etc. | 10 | | Defendants' Supplemental Brief in Response to Plaintiffs' Motion to Amend | 11 | | Confidentiality Agreement and Protective Order, etc. | 12 | | Defendants' Response to Plaintiffs' [Supplemental] Memorandum of Law | | | Regarding Plaintiffs' Motion to Amend Confidentiality Agreement and | | | Protective Order, etc. | 11 | | Plaintiffs' Memorandum of Law Regarding Plaintiffs' Motion to Amend the | 12 | | Stipulated Confidentiality Agreement and Protective Order | |

*2 | Petition for Writ of Mandamus - Court of Appeals | 13 | | :-- | :--: | | Real Parties' Response to Relators Petition for Writ of Mandamus | 14 | | Order Denying Relators' Petition for Writ of Mandamus | 15 |

PLAINTIFFS' ORIGINAL PETITION

TO THE HONORABLE JUDGE PRESIDING:

COME NOW Plaintiffs PAULA ANTU AS NEXT FRIEND OF A MINOR; SCARLETT AYALA AS NEXT FRIEND OF A MINOR; GUADALUPE CEPEDA AS NEXT FRIEND OF A MINOR; ANA LAURA CORNEJO AS NEXT FRIEND OF A MINOR; MARIO CUELLAR AND PRISCILLA TRUJILLO AS NEXT FRIENDS OF A MINOR; MARIA GAYTÁN AS NEXT FRIEND OF A MINOR; ELIZABETH GONZALEZ AND MARCO REYES AS NEXT FRIENDS OF A MINOR; FRANCISCA GUZMAN AS NEXT FRIEND OF A MINOR; ISMAEL MALDONADO AND ISABEL MALDONADO AS NEXT FRIENDS OF A MINOR; FREISI OLIVAR AS NEXT FRIEND OF A MINOR; MARY ROSALES AS NEXT FRIEND OF A MINOR; AND REYNOL SALINAS AS NEXT FRIEND OF A MINOR, (hereinafter referred to collectively as "Plaintiffs") and complain of NCDR, LLC d/b/a KOOL SMILES (hereinafter referred to as "NCDR"), DENTISTRY OF BROWNSVILLE, P.C. d/b/a KOOL SMILES (hereinafter referred to as "DENTISTRY OF BROWNSVILLE") (both Defendants NCDR and DENTISTRY OF BROWNSVILLE collectively referred to as "KOOL SMILES"), AISHWARYA K. CHANDESH, D.D.S. (hereinafter referred to as "DR. CHANDESH"), EDWARD HO, D.D.S. (hereinafter referred to as "DR. HO"), RICHARD I. MANWARING, D.D.S. (hereinafter referred to as "DR. MANWARING"), and MARC D. THOMAS, D.D.S. (hereinafter referred to as "DR. THOMAS) (all Defendants are hereinafter collectively referred to as "DEFENDANTS") and for causes of action would show unto this Honorable Court as follows:

I.
DISCOVERY CONTROL PLAN

Pursuant to Texas Rules of Civil Procedure 190, discovery in this case is intended to be conducted under Level 3.

II.
PARTIES

Plaintiff PAULA ANTU is an individual and the natural parent of $◻$ $◻$ $◻$ $◻$ $◻$ Plaintiff brings this suit as next friend of $◻$ a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiff SCARLETT AYALA is an individual and the natural parent of $◻$ $◻$ $◻$ Plaintiff brings this suit as next friend of $◻$ a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiff GUADALUPE CEPEDA is an individual and the natural parent of $◻$ $◻$ Plaintiff brings this suit as next friend of $◻$ a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiff ANA LAURA CORNEJO is an individual and the natural parent of $◻$ $◻$ $◻$ Plaintiff brings this suit as next friend of $◻$ a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiffs MARIO CUELLAR AND PRISCILLA TRUJILLO are individuals and the natural parents of $◻$ Plaintiffs bring this suit as next friends of $◻$ CUELLAR, a minor. At all times relevant to this lawsuit, Plaintiffs resided in Hidalgo County, Texas.

*6 Plaintiff MARIA GAYTÁN is an individual and the natural parent of $◻$ $◻$ $◻$ Plaintiff brings this suit as next friend of $◻$ a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiffs ELIZABETH GONZALEZ AND MARCO REYES are individuals and the natural parents of $◻$ $◻$ Plaintiffs bring this suit as next friends of $◻$ a minor. At all times relevant to this lawsuit, Plaintiffs resided in Hidalgo County, Texas.

Plaintiff FRANCISCA GUZMAN is an individual and the natural parent of $◻$ $◻$ Plaintiff brings this suit as next friend of $◻$ a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiffs ISMAEL MALDONADO AND ISABEL MALDONADO are individuals and the natural parents of $◻$ $◻$ Plaintiffs bring this suit as next friends of $◻$ a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiff FREISI OLIVAR is an individual and the natural parent of $◻$ $◻$ Plaintiff brings this suit as next friend of $◻$ a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiff MARY ROSALES is an individual and the natural parent of $◻$ $◻$ Plaintiff brings this suit as next friend of $◻$ a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiff REYNOL SALINAS is an individual and the natural parent of $◻$ $◻$ Plaintiffs bring this suit as next friends of $◻$ a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

*7 Defendant NCDR is, and at all times relevant to this lawsuit has been, a limited liability company formed in the State of Delaware with its principal office in Marietta, Georgia. NCDR is registered and duly authorized to transact business in the State of Texas. Said Defendant may be served with citation and a copy of Plaintiffs' Original Petition by certified mail, return receipt requested, to it's registered agent, to-wit: C T Corporation System, 350 N. St. Paul St., Suite 2900, Dallas, TX 75201-4234.

Defendant DENTISTRY OF BROWNSVILLE is, and at all times relevant to this lawsuit has been, a professional corporation incorporated in the State of Texas. Said Defendant may be served with citation and a copy of Plaintiffs' Original Petition by certified mail, return receipt requested, to its registered agent, to-wit: C T Corporation System, 350 N. St. Paul St., Suite 2900, Dallas, TX 75201-4234.

Defendant DR. CHANDESH is an individual licensed to practice dentistry in the State of Texas. Said Defendant may be served with citation and a copy of Plaintiffs' Original Petition by personal service at Kool Smiles, 213 E. Expressway 83, Mission, TX 78572.

Defendant DR. HO is an individual licensed to practice dentistry in the State of Texas. Said Defendant may be served with citation and a copy of Plaintiffs' Original Petition by certified mail, return receipt requested, to addressee only, at 2535 E. Arkansas Lane, Suite 339, Arlington, TX 76010.

Defendant DR. MANWARING is an individual licensed to practice dentistry in the State of Texas. Said Defendant may be served with citation and a copy of Plaintiffs' Original Petition by personal service at Kool Smiles, 1301 E. US Hwy 83, McAllen, TX 78501.

Defendant DR. THOMAS is an individual licensed to practice dentistry in the State of Texas. Said Defendant may be served with citation and a copy of Plaintiffs' Original Petition by

certified mail, return receipt requested, to addressee only, at 8286 West Eastman Place, Lakewood, CO 80227.

III.
ASSUMED NAME

NCDR and DENTISTRY OF BROWNSVILLE both affirmatively hold themselves out as doing business as "Kool Smiles".

Therefore, pursuant to Rule 28 of the Texas Rules of Civil Procedure, Plaintiffs hereby give notice to Kool Smiles that they are being sued in all of their business and professional names operating under the name "Kool Smiles", whether such businesses are corporations, professional corporations, limited liability companies, professional associations, partnerships, limited partnerships, joint ventures, sole proprietorships, or other entities.

IV.
VENUE AND JURISDICTION

Venue properly rests in Hidalgo County, Texas, because such county is the county in which the dental clinics owned by DENTISTRY OF BROWNSVILLE, which treated the minor Plaintiffs, are located, the county in which most of the occurrences which give rise to this suit arose, and the county in which DR. CHANDESH resides. This Court has jurisdiction because the amount in controversy exceeds the minimum jurisdictional limits of this Court.

V.
KOOL SMILES IS ENGAGED IN THE CORPORATE PRACTICE OF DENTISTRY

A. The Corporate Practice of Dentistry Is Strictly Prohibited In The State Of Texas.

Texas law prohibits a person not licensed to practice dentistry in Texas from owning, maintaining, or operating an office or place of business in which that person employs or engages, under any type of contract, another person to practice dentistry or "controls, influences attempts

to control or influence, or otherwise interferes" with a dentist's professional judgment. TEX. OCC. CODE. ANN. §251.003(a).

B. KOOL SMILES Is Managed, Operated, And/Or Controlled By Persons Not Licensed To Practice Dentistry In Texas.

NCDR operates, manages, and/or controls over 115 KOOL SMILES clinics throughout the United States including the clinics in McAllen, Mission, and Weslaco, Texas. As confirmed by a judicial admission of KOOL SMILES in their Original Complaint in NCDR, LLC, et al v. Mauze' & Bagby, PLLC, et al, case number 5:12-cv-36 pending in the United States District Court, Laredo Division wherein KOOL SMILES (which Plaintiffs expressly state collectively refers to NCDR, L.L.C., Dentistry of Brownsville, P.C. d/b/a Kool Smiles and KS2 TX, P.C. d/b/a Kool Smiles) the clinics are "owned, managed, and operated by Plaintiffs" (Exhibit "A" Plaintiffs' Original Complaint, paragraph 13 - page 3). NCDR is not owned, managed, or operated by persons licensed to practice dentistry in Texas but, rather, based upon information and belief, is owned by Kool Smiles Acquisition Corp. and/or entities of which interests are owned by Friedman Fleischer & Lowe, a private equity firm in San Francisco, California.

C. The Kool Smiles Plan And Scheme.

KOOL SMILES drafted and implemented an elaborate plan and scheme to generate as much taxpayer Medicaid revenue as possible per clinic, per dentist, per patient, and per visit.

KOOL SMILES' nationwide elaborate plan and scheme includes aggressive solicitation and marketing of the parents of pediatric dental patients entitled to Medicaid. To effectuate their plan and scheme, KOOL SMILES elects to primarily prey on the most vulnerable members of our society, ie; underprivileged, very young children. KOOL SMILES knows that underprivileged children's parents are less likely to challenge the opinions of professionals wearing white smocks; such parents are less likely to question the treatment plan; such parents

*10 are less likely to complain, especially when KOOL SMILES routinely prohibits and discourages the parents from being present in the treatment room to observe the treatment of their children. KOOL SMILES' plan and scheme includes hiring general dentists who have recently completed dental school and have very little, if any, experience with pediatric patients. The dentists are assigned to clinics which primarily treat very young pediatric patients. The dentists are discouraged to refer pediatric patients to pediatric dentists and are, in fact, provided a quota of the maximum percent of patients they should refer. The quota is closely tracked, monitored, and enforced.

KOOL SMILES further has a scheme, plan, and practice of recruiting and hiring general dentists who are not U.S. citizens for the purpose of creating dependency which makes it difficult for these dentists to terminate their employment once they discover the wrongdoing. More specifically, NCDR promises these foreign residents sponsorship to enable them to obtain work visas, provides loans to these foreign residents, pays them "salaries" in excess of \ $200, 000, a n d a l l o w s t h e m t o p a r t i c i p a t e i n " I n n o v a t i v e W e a l t h M a n a g e m e n t P l a n s " w h i c h a c c u m u l a t e o v e r$ \ $1, 000, 000$ .

Further, KOOL SMILES closely tracks and monitors the production of each and every clinic and dentist and sets production goals for each dentist and revenue goals for each clinic. The goals are very specific and are entirely based upon production or collections rather than necessity for treatment or quality of care. For example, dentists are provided quotas regarding the number of stainless steel crowns they should perform, the number of quadrants they should work on during each visit of each patient, the number of operative procedures per patient they should perform, and the number of operative procedures per day they should perform. If a dentist fails to reach KOOL SMILES' production goal, then the dentist is counseled and

*11 provided a performance improvement plan instructing said dentist to increase his or her production and specifying how said dentist should increase production. If a dentist fails or refuses to meet the quota, then the dentist is terminated.

KOOL SMILES trains and indoctrinates its dentists to provide aggressive dental care to pediatric patients who have temporary teeth (commonly referred to as "baby teeth"), such as placing stainless steel crowns on teeth which are not indicated because: 1) the caries are so small that they can be simply observed (which will not produce revenue from Medicaid); or 2) the caries are so small that they can be treated with fillings (which will not produce as much revenue from Medicaid as stainless steel crowns); or 3) the teeth will soon exfoliate (fall out which will not produce any revenue from Medicaid).

KOOL SMILES trains its dentists to perform many operative procedures on each patient in the shortest amount of time. To speed up the treatment time and increase production, KOOL SMILES often physically restrains children to papoose boards and physically holds the children down while multiple operative procedures are performed on the same date. KOOL SMILES' dentists are not certified by the State of Texas to administer sedation and, thus, they don't sedate the children to relieve them of their fear and anxiety and to induce memory loss. The administration of sedation requires more time in which no production or revenue is generated. Generally, the sedation takes approximately 15 minutes to take effect before operative procedures should be performed. Although many of the children undergoing multiple operative procedures are obviously in severe distress, KOOL SMILES does not terminate the treatment to console them or allow the parent to console them, but continues to finish their treatment plan so they can fulfill their production and revenue goals rather than protect the well-being of the minor children.

*12

D. The Players.

1. Friedman Fleischer & Lowe

Friedman Fleischer & Lowe is a private equity firm in San Francisco, California which manages hundreds of millions of dollars belonging to its investors, including large pensions and trusts. One of their investments is KOOL SMILES. Through some of their board of directors and businesses in which they own a significant interest, they actively participate in the management and control of KOOL SMILES.

2. Kool Smiles Acquisition Corp.

Kool Smiles Acquisition Corp. is a corporation that is the sole member and owner of NCDR. Friedman Fleischer & Lowe owns an interest in Kool Smiles Acquisition Corp. and is an acknowledged intermediary of Kool Smiles Acquisition Corp. Through Kool Smiles Acquisition Corp.'s board of directors, members of Friedman Fleischer & Lowe actively participate in the management of Kool Smiles Acquisition Corp.

3. NCDR, LLC

NCDR's sole member is Kool Smiles Acquisition Corp. NCDR owns the "Kool Smiles" trademarks which are registered for general dentistry services. NCDR exercises substantial management and control over the KOOL SMILES clinics, such fact demonstrated by the following:

NCDR recruits and hires the dentists who work at KOOL SMILES clinics;
NCDR trains the dentists who work at KOOL SMILES clinics;
NCDR supervises the dentists who work at KOOL SMILES clinics;
NCDR tracks and monitors the production of every dentist who works at KOOL SMILES clinics;
NCDR sets production quotas and goals for every dentist who works at KOOL SMILES clinics;
NCDR sets the production goals for all KOOL SMILES clinics;
NCDR sets revenue goals for all KOOL SMILES clinics;

*13

NCDR recruits and hires dental assistants, office managers, community service personnel, and other dental personnel who work at KOOL SMILES clinics;
NCDR prepares all of the invoices and accounts receivables, including Medicaid, for KOOL SMILES clinics;
NCDR collects all of the accounts receivable for KOOL SMILES clinics;
NCDR prepares, pays, and distributes all of the accounts payable for KOOL SMILES clinics;
NCDR prepares, pays, and distributes the compensation (a percentage of their production) to the dentists who work at KOOL SMILES clinics;
NCDR prepares, pays, and distributes the compensation (a percentage of production) to the dentists who own the professional corporations doing business as Kool Smiles;
NCDR selects the professional liability insurer and pays the premiums for all of the dentists who work at KOOL SMILES clinics;
NCDR hires, employs, and pays all of the legal counsel assigned to respond to state and federal investigations, claims, and address other legal issues that arise at KOOL SMILES clinics;
NCDR hires and pays for all marketing personnel and advertising of KOOL SMILES clinics;
NCDR hires and employs all of the corporate personnel responsible for marketing, management, and financial operations of KOOL SMILES clinics; and
NCDR writes, implements, and enforces all of the policies, procedures, and protocols for KOOL SMILES clinics.
Dentistry of Brownsville, P.C. d/b/a Kool Smiles.

DENTISTRY OF BROWNSVILLE is a professional corporation incorporated in the State of Texas and owned by Tu Minh Tran, DDS. DENTISTRY OF BROWNSVILLE owns clinics in McAllen, Weslaco, and Mission, Texas. Dr. Tran, and three other dentists, own all of the Kool Smiles dental clinics in the United States. Dr. Tran does not reside in the State of Texas and does not practice dentistry, on any regular basis, at any of the KOOL SMILES clinics. The clinics are camouflaged as local clinics formed as professional corporations in Texas owned by dentists licensed in Texas with the intention of giving the public and the government an appearance of compliance with state laws which prohibit the corporate practice of dentistry. This elaborate scheme of multiple layers of entities is simply for no other purpose than to try to

*14

circumvent the prohibition against the corporate practice of dentistry. In reality and fact, the KOOL SMILES clinics are managed, operated, and/or controlled by out-of-state persons not licensed to practice dentistry in the State of Texas.

5. The Children Victims.

Most of the children treated at KOOL SMILES clinics are very young and still have baby teeth. More often than not the children do not have any histories of pain or complaints before arriving to a KOOL SMILES clinic. Their parents enter the clinic anticipating their children will receive examinations, oral hygiene instructions, and have their teeth cleaned. The children and their parents trust the dental professionals to honestly recommend and perform only necessary procedures and to perform the dental procedures appropriately and with the least amount of physical and emotional trauma.

After examination, it is the routine practice, plan, intent, scheme, and course of action of KOOL SMILES to misdiagnose multiple cavities and/or the extent of the cavities and recommend operative procedures, most commonly consisting of pulpotomies (root canals on baby teeth) and stainless steel crowns. Routinely, many of these operative procedures are unnecessary and/or excessive but they allow KOOL SMILES to maximize production per patient and meet its revenue goals.

After persuading the children's parents that the treatment recommended is necessary, and prior to any treatment, KOOL SMILES secures the parents' consents to treatment and use of physical restraint often informing them that restraint most likely will not be necessary and, if necessary, has no risks.

However, KOOL SMILES does, in fact, intend to restrain many of the children because it requires less time than less intrusive behavior management techniques and allows the dentist to

*15 increase production and maximize revenues. Children are strapped to papoose boards and physically restrained otherwise (often including blind-folds, socks over their hands, and one or more employees physically holding their head and/or feet). The parents who question the use of restraint are commonly not told of the alternatives, such including referral to a pediatric dentist who will sedate their children and not utilize physical restraints. KOOL SMILES uses restraints far more often than other dentists who do not work in dental clinic chains. Because of the loss of freedom of movement and potential trauma, restraints are only used in dentistry as a last resort when all other less restrictive behavior management techniques have been reasonably attempted and failed and the dental treatment is emergent or should not be delayed because of imminent risk to the patient's health. In the limited circumstances in which physical restraint may be necessary, the standard of care is to sedate the child to relieve his/her anxiety and to impair his/her short-term memory. However, KOOL SMILES does not administer sedation to children because its dentists are not certified to administer sedation. After the parents' broad consent is signed, KOOL SMILES often prohibits or discourages the children's parents from being present in the treatment room. Then, often without the parents present to comfort and protect their children, KOOL SMILES begins to fulfill its production goals. The barbaric practices of KOOL SMILES often causes the children so much physical and emotional trauma that they are crying, screaming, struggling, and terrified. Many children were so traumatized that they lose control of their bladders and/or vomit. KOOL SMILES, rather than terminate the procedures for the safety and comfort of the children, presses on with production.

Many stainless steel crowns were inappropriately sized and fitted and many pulpotomies were not completely performed, such allowing bacteria to migrate under the crowns and in the pulp chamber, such causing infections and abscesses which necessitated subsequent extractions.

*16

Further, many children had stainless steel crowns fall out because they were inappropriately sized, fitted, and/or cemented. In many instances, KOOL SMILES placed stainless steel crowns on teeth which were not necessary. Additionally, some services were billed to Medicaid which were not provided.

The children arrive to KOOL SMILES trusting health care professionals and smiling only to leave KOOL SMILES distrusting dentists and without a smile. The children leave in pain, discomfort, and severe emotional distress, and anguish. The children are embarrassed because their disfigured mouths are full of stainless steel crowns, which often is the subject of ridicule. The children fight their parents about going to dentists because of their traumatic experience at KOOL SMILES. As a result of the traumatic experience at KOOL SMILES, many of these victimized children, as adults, will be fearful of dentists and dental procedures which will reduce the likelihood of future visits to dental professionals. The trauma they endured is likely to affect them the rest of their lives and is likely to make them reluctant to take their children to dental professionals.

E. The Motive

KOOL SMILES' plan and scheme is to fulfill its motive: bilk Medicaid for millions and millions of dollars at the cost of taxpayers and suffering of underprivileged children. KOOL SMILES has collected, and continues to collect, tens of millions of taxpayer dollars in Texas every year.

F. Kool Smiles' Plan And Scheme Is Under Investigation

KOOL SMILES has been, and continues to be, the subject of state and federal investigations. In Texas, the Attorney General's office has pending concurrent civil and criminal Medicaid investigations. As early as August 22, 2007, the conduct of NCDR and Kool Smiles

*17 clinics was the subject of a press release by the Georgia Department of Community Health which was investigating their "patterns of over-utilization of services", "unusual patterns of patient restraint", "over-utilization of stainless steel crowns", and "the appropriateness of care delivered".

WellCare of Georgia, Inc., which manages Georgia Medicaid programs, prepared a news release which revealed it had performed an analysis of Kool Smiles' Medicaid claims data and found that a child treated by Kool Smiles, as compared to other dentists, is "five times more likely to receive crowns", "four times more likely to receive five or more crowns", and "three times more likely to be physically restrained during dental procedures". WellCare of Georgia, Inc. and Peach State Health Plan, companies which manage Medicaid in Georgia, terminated their contracts with Kool Smiles because of these findings.

In 2009, the Fort Wayne Journal Gazette reported that children are being physically restrained, forcibly held down, "screaming their heads off," and receiving multiple stainless steel crowns at Kool Smiles' clinics. Moreover, the Fort Wayne Journal Gazette reported that Kool Smiles' clinics have been "accused of overtreating its patients, of prohibiting parents from procedure rooms and of being too quick to restrain the children it treats."

An Original Complaint, Civil Action No. 11-2077, was filed on May 26, 2011 in the United States District Court in the Southern District of Texas, styled Baljot Singh Bains v. KS2 TX, P.C. d/b/a Kool Smiles. In such complaint, Dr. Bains, a dentist formerly employed by Kool Smiles, alleged "that certain of Kool Smiles' employees, including but not limited to Dr. Diaa Zora, was conspiring to and was committing fraud and making false claims against the U.S. and Texas." He "learned of and observed patients being misdiagnosed and over-diagnosed so that

*18

Kool Smiles could charge the U.S. and Texas fees" and he witnessed " the use of papoose boards when such restraints were unnecessary" and numerous other improper practices.

On May 17, 2012, Bloomberg reported that Kool Smiles is under investigation by the Unites States Senate.

Nevertheless, with the state and federal governments ineffective in stopping the abuses of Kool Smiles, Kool Smiles continues to open new clinics and continues to effectuate and perfect its plan to bilk the United States taxpayers at the cost of harm to very young children.

VI. FACTUAL BACKGROUND PERTAINING TO PLAINTIFFS

A 3 year old boy, presented to the Kool Smiles clinic in Mission, Texas on January 4, 2011 and January 7, 2011. After examination and radiographs, DR. CHANDESH represented to Plaintiff that had multiple cavities in teeth A, B, C, I, J, K, L, S, & T which necessitated stainless steel crowns. No sedation was administered and was physically restrained to a papoose board on both dates. DR. CHANDESH injected local anesthetic and then prepared nine (9) baby teeth A, B, C, I, J, K, L, S, & T for, and cemented, stainless steel crowns. During the procedures on both dates, was crying and screaming. KOOL SMILES billed and collected Medicaid for its dental services and procedures, including nine (9) stainless steel crowns, when only eight (8) stainless steel crowns were placed and several of the stainless steel crowns were not necessary.

presented to the Kool Smiles clinic in McAllen, Texas on multiple occasions in 2010 and 2011, beginning when he was approximately 4 years old. He was diagnosed and treated by multiple dentists including Dr. Traynor and DR. MANWARING. After examination and radiographs, the dentists represented to Plaintiff that had multiple cavities in teeth D, E, I, J, and S which necessitated stainless steel crowns and tooth I

*19 necessitated a pulpotomy. The dentists never administered sedation, physically restrained $◻$ to a papoose board on two occasions, injected him with local anesthetic, and then prepared five (5) baby teeth D, E, I, J, & S for, and cemented, stainless steel crowns and performed a pulpotomy on tooth I. $◻$ was screaming, crying, and struggling during the dental operative procedures. KOOL SMILES billed and collected Medicaid for its dental services and procedures, many of which were not necessary.

$◻$ presented to the Kool Smiles clinic in McAllen, Texas on multiple occasions beginning when he was approximately $31 / 2$ years old. He was diagnosed and treated by multiple dentists including DR. HO and DR. THOMAS. After examinations and radiographs in 2009 and 2010, the dentists represented to Plaintiff that $◻$ had multiple cavities in teeth A, B, D, E, F, G, I, J, K, L, S, & T all of which necessitated stainless steel crowns and teeth F, G, $K, & a m p; T$ necessitated pulpotomies. The dentists injected local anesthetic and then prepared twelve (12) baby teeth A, B, D, E, F, G, I, J, K, L, S, & T for, and cemented, stainless steel crowns and performed pulpotomies on teeth F, G, K, & T. No sedation was administered on any of the treatment dates. On one date, $◻$ was physically restrained to a papoose board and physically held down during the dental operative procedures $◻$ was crying, screaming, and struggling during the operative procedures. KOOL SMILES billed and collected Medicaid for its dental services and procedures, many of which were not necessary.

$◻$ a 5 year old girl, presented to the Kool Smiles clinic in Mission, Texas on multiple occasions. In July 2009, on two occasions, DR. THOMAS, after examination and radiographs, represented to Plaintiff that $◻$ had multiple cavities in teeth A, B, C, D, E, F, G, H, I, K, L, M, R, S, & T which necessitated stainless steel crowns. No sedation was administered on either treatment date. On one date. $◻$ was physically restrained to a

*20 papoose board. DR. THOMAS, injected local anesthetic and then prepared fifteen (15) baby teeth A, B, C, D, E, F, G, H, I, K, L, M, R, S, & T for, and cemented, stainless steel crowns. During the operative procedures Plaintiff's minor child was crying, screaming, and struggling. KOOL SMILES billed and collected Medicaid for its dental services and procedures, many of which were not necessary.

5 presented to the Kool Smiles clinic in McAllen, Texas on November 30, 2011, when she was approximately 7 years old. She was diagnosed and treated by DR. MANWARING. After examination and radiographs, DR. MANWARING represented to Plaintiff that had multiple cavities in teeth $J, K$ , and L which necessitated stainless steel crowns. No sedation was administered, was injected with a local anesthetic, and then prepared three (3) baby teeth J, K, & L for, and cemented, stainless steel crowns. KOOL SMILES billed and collected Medicaid for its dental services and procedures which were not necessary.

6 a 2 year old girl, presented to the Kool Smiles clinic in McAllen, Texas on multiple occasions in 2009 and 2011. She was diagnosed and treated by multiple dentists including DR. HO. After examination and radiographs in 2009, DR. HO represented to Plaintiff that had multiple cavities in teeth D, E, F, G, L, N, O, P, Q, & S which necessitated stainless steel crowns and teeth D, E, F, G, L, & S necessitated pulpotomies. No sedation was administered on either treatment date in 2009. On one date, was physically restrained to a papoose board. On the treatment dates, DR. HO, injected local anesthetic and then performed pulpotomies on six (6) baby teeth D, E, F, G, L, & S and prepared ten (10) baby teeth D, E, F, G, L, N, O, P, Q, & S for, and cemented, stainless steel crowns. During the

*21 operative procedures was crying. KOOL SMILES billed and collected Medicaid for its dental services and procedures, many of which were not necessary.

presented to the Kool Smiles clinic in McAllen, Texas on multiple occasions in 2009 and 2010. She was diagnosed and treated by multiple dentists including DR. HO. After examinations and radiographs on two dates in 2009, DR. HO represented to Plaintiff that had multiple cavities in teeth A, B, I, J, K, L, S & T which necessitated stainless steel crowns and teeth A & I necessitated pulpotomies. No sedation was administered on either date. On both dates, was physically restrained to a papoose board, physically held down, and socks were placed over her hands. DR. HO injected local anesthetic and then performed pulpotomies on two (2) baby teeth A & I and prepared eight (8) baby teeth A, B, I, J, K, L, S, & T fo r, and cemented, stainless steel crowns. Du ring the operative procedures Plaintiff's minor child was crying, screaming, and struggling. KOOL SMILES billed and collected Medicaid for its dental services and procedures, many of which were not necessary.

a 4 year old girl, presented to the Kool Smiles clinic in Mission, Texas on multiple occasions in 2011. After examinations and radiographs, on July 6, 2011 and July 8, 2011, DR. CHANDESH represented to Plaintiff that had multiple cavities in teeth A, B, I, J, K, L, S, & T which necessitated stainless steel crowns. No sedation was administered on either dates. On both dates, was physically restrained to a papoose board and physically held down. DR. CHANDESH injected local anesthetic and then prepared eight (8) baby teeth A, B, I, J, K, L, S, & T for, and cemented, stainless steel crowns. During the procedures was crying, screaming, and struggling. KOOL SMILES billed and collected Medicaid for its dental services and procedures, many of which were not necessary.

*22

a 2 year old boy, presented to the Kool Smiles clinic in Mission, Texas on multiple occasions in 2011. He was diagnosed and treated by multiple dentists including DR. CHANDESH. After examinations and radiographs on October 5, 2011 and October 10, 2011, DR. CHANDESH represented to Plaintiff that had multiple cavities in teeth B, C, E, F, H, I, G, S, & T which necessitated stainless steel crowns. No sedation was administered on either date. On both dates, was physically restrained to a papoose board and physically held down. DR. CHANDESH injected local anesthetic and then prepared nine (9) baby teeth B, C, E, F, G, H, I, S, & T for, and cemented, stainless steel crowns. During the procedures, he was crying, screaming, and struggling. KOOL SMILES billed and collected Medicaid for its dental services and procedures, many of which were not necessary.

1.2.1.2.1.1.2.1.2.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.3.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2.1.2

*23 collected Medicaid for its dental services and procedures, many of which were not necessary and two of which was necessary because of the previously poorly performed pulpotomy on tooth K .

presented to the Kool Smiles clinic in Mission, Texas on multiple occasions in 2009 and 2010. He was examined and treated by Kool Smiles' dentists including DR. THOMAS. After examination and radiographs, DR. THOMAS represented to Plaintiff that had multiple cavities and that teeth I, K, & L necessitated stainless steel crowns. No sedation was administered. was physically restrained to a papoose board and physically held down. On July 29, 2009, DR. THOMAS injected local anesthetic and then prepared three (3) baby teeth I, L, & K for, and cemented, stainless steel crowns. During the operative procedures Francisco was crying, screaming, and struggling. On February 15, 2010, another dentist injected local anesthetic and then prepared two (2) baby teeth A & J for, and cemented, stainless steel crowns. KOOL SMILES billed and collected Medicaid for its dental services and procedures, many of which were not necessary.

A 5 year old boy, presented to the Kool Smiles clinic in McAllen, Texas in 2009. He was examined and treated by Kool Smiles' dentists, including DR. HO. After examination and radiographs, a dentist represented to Plaintiff that had multiple cavities and in A, B, S, & T which necessitated stainless steel crowns. No sedation was administered. was physically restrained to a papoose board and physically held down. DR. HO injected local anesthetic and then prepared four (4) baby teeth A, B, S, & T for, and cemented, stainless steel crowns. During the operative procedures was crying, screaming, struggling, and lost control of his bladder. KOOL SMILES billed and collected Medicaid for its dental services and procedures, many of which were not necessary.

*24 VII.

DEFENDANT KOOL SMILES’ VICARIOUS LIABILITY FOR THE NEGLIGENCE OF THE DENTISTS WHO PROVIDED DENTAL SERVICES TO PLAINTIFFS’ MINOR CHILDREN

NCDR and DENTISTRY OF BROWNSVILLE are liable for the negligence of DR. CHANDESH, DR. HO, DR. MANWARING, AND DR. THOMAS because at all times relevant hereto, said dentists who provided the dental treatment to Plaintiffs’ minor children were employees, borrowed servants, actual agents, apparent agents or ostensible agents of NCDR and/or DENTISTRY OF BROWNSVILLE acting within the course and scope of their employment or agency.

VIII.

DEFENDANT KOOL SMILES’ NEGLIGENCE

KOOL SMILES, by and through its employees and agents including, but not limited to, DRS. CHANDESH, HO, MANWARING & THOMAS, owed a general duty of care to Plaintiffs’ minor children to provide dental services in conformity with the applicable minimum standards of care which required them to exercise ordinary care, that is to do that which dentists of ordinary prudence would have done under the same or similar circumstances. KOOL SMILES breached its duties by engaging in the following acts and/or omissions to act:

failing to reasonably and prudently train and supervise DRS. CHANDESH, HO, MANWARING & THOMAS’ examinations, interpretation of radiographs, treatment plans, and performance of dental procedures on pediatric patients;
training DRS. CHANDESH, HO, MANWARING & THOMAS to use physical restraints which were not indicated and using such without use of sedation;
discouraging DRS. CHANDESH, HO, MANWARING & THOMAS from referring pediatric patients necessitating extensive dental operative procedures to pediatric dentists and in establishing quotas for the maximum percentage of pediatric patients they could refer;
encouraging DRS. CHANDESH, HO, MANWARING & THOMAS to perform unnecessary and excessive dental procedures by establishing quotas based solely upon production and revenue rather than the well-being of the minor Plaintiffs;

*25

retention of DRS. CHANDESH, HO, MANWARING & THOMAS when their services were known or with the exercise of ordinary care, should have been known to be below the standard of care; and
engaging in the management, operation, and control of KOOL SMILES clinics.

Such acts and/or omissions to act of KOOL SMILES, whether taken singularly or collectively, constitute negligence and a direct and proximate cause of the injuries and damages of Plaintiffs' minor children, for which they herein seek recovery.

IX.
DEFENDANT DR. CHANDESH'S NEGLIGENCE

DR. CHANDESH owed a general duty of care to Plaintiffs' minor children to provide dental services in conformity with the applicable minimum standards of care which required her to exercise ordinary care, that is to do that which a dentist of ordinary prudence would have done under the same or similar circumstances. DR. CHANDESH breached her duties by engaging in the following acts and/or omissions to act:

misdiagnosing the existence of cavities;
performing dental procedures which were not necessary and/or were excessive;
failing to perform the procedures with utilization of the least restrictive means;
unnecessarily restraining patients;
restraining patients without sedation;
failing to refer patients to pediatric dentists;
performing procedures and dental services to meet production and financial quotas rather than meet the needs of patients; and
failing to perform the operative procedures in conformance to the minimum standard of care.

Such acts and/or omissions to act of DR. CHANDESH, whether taken singularly or collectively, constitute negligence and a direct and proximate cause of the injuries and damages of Plaintiffs' minor children, for which they herein seek recovery.

*26

X.
DEFENDANT DR. HO'S NEGLIGENCE

DR. HO owed a general duty of care to Plaintiffs' minor children to provide dental services in conformity with the applicable minimum standards of care which required him to exercise ordinary care, that is to do that which a dentist of ordinary prudence would have done under the same or similar circumstances. DR. HO breached his duties by engaging in the following acts and/or omissions to act:

misdiagnosing the existence of cavities;
performing dental procedures which were not necessary and/or were excessive;
failing to perform the procedures with utilization of the least restrictive means;
unnecessarily restraining patients;
restraining patients without sedation;
failing to refer patients to pediatric dentists;
performing procedures and dental services to meet production and financial quotas rather than meet the needs of patients; and
failing to perform the operative procedures in conformance to the minimum standard of care.

Such acts and/or omissions to act of DR. HO, whether taken singularly or collectively, constitute negligence and a direct and proximate cause of the injuries and damages of Plaintiffs' minor children, for which they herein seek recovery.

XI.
DEFENDANT DR. MANWARING'S NEGLIGENCE

DR. MANWARING owed a general duty of care to Plaintiffs' minor children to provide dental services in conformity with the applicable minimum standards of care which required him to exercise ordinary care, that is to do that which a dentist of ordinary prudence would have done under the same or similar circumstances. DR. MANWARING breached his duties by engaging in the following acts and/or omissions to act:

misdiagnosing the existence of cavities;
performing dental procedures which were not necessary and/or were excessive;
failing to perform the procedures with utilization of the least restrictive means;

*27

unnecessarily restraining patients;
restraining patients without sedation;
failing to refer patients to pediatric dentists;
performing procedures and dental services to meet production and financial quotas rather than meet the needs of patients; and
failing to perform the operative procedures in conformance to the minimum standard of care.

Such acts and/or omissions to act of DR. MANWARING, whether taken singularly or collectively, constitute negligence and a direct and proximate cause of the injuries and damages of Plaintiffs' minor children, for which they herein seek recovery.

XII.
DEFENDANT DR. THOMAS' NEGLIGENCE

DR. THOMAS owed a general duty of care to Plaintiffs' minor children to provide dental services in conformity with the applicable minimum standards of care which required him to exercise ordinary care, that is to do that which a dentist of ordinary prudence would have done under the same or similar circumstances. DR. THOMAS breached his duties by engaging in the following acts and/or omissions to act:

misdiagnosing the existence of cavities;
performing dental procedures which were not necessary and/or were excessive;
failing to perform the procedures with utilization of the least restrictive means;
unnecessarily restraining patients;
restraining patients without sedation;
failing to refer patients to pediatric dentists;
performing procedures and dental services to meet production and financial quotas rather than meet the needs of patients; and
failing to perform the operative procedures in conformance to the minimum standard of care.

Such acts and/or omissions to act of DR. THOMAS, whether taken singularly or collectively, constitute negligence and a direct and proximate cause of the injuries and damages of Plaintiffs' minor children, for which they herein seek recovery.

*28 XIII.

GROSS NEGLIGENCE

The negligent acts and/or omissions to act of KOOL SMILES and DRS. CHANDESH, HO, MANWARING & THOMAS specified in paragraphs VIII - XII above, constitute more than momentary thoughtlessness, inadvertence or error of judgment. Such negligence demonstrates such an entire want of care as to establish that the acts and/or omissions to act were the result of actual conscious indifference to the rights, welfare or safety of Plaintiffs. Such gross negligence was a proximate cause of Plaintiffs’ minor children’s injuries and damages and, thus, Plaintiffs seek recovery of punitive or exemplary damages.

XIV.

CIVIL CONSPIRACY

Prior to the rendition of dental services to Plaintiffs’ minor children, KOOL SMILES and DRS. CHANDESH, HO, MANWARING & THOMAS conspired to, and did, engage in a routine plan, scheme, course and pattern of practice to over-diagnose and over-treat children, including Plaintiffs’ minor children, to enable them to fulfill their production and revenue goals. Said Defendants had a meeting of their minds in regards to their routine plan, scheme, course, and pattern of practice which had an unlawful purpose or a lawful purpose to be accomplished by unlawful means. More specifically, the purpose of their plan was to breach their legal duties to Plaintiffs’ minor children and violate the Medicaid regulations to profit financially from their wrongful acts and/or omissions to act. Said civil conspiracy was a direct and proximate cause of Plaintiffs’ minor children’s injuries and damages.

XV.

FRAUD

KOOL SMILES and DRS. CHANDESH, HO, MANWARING & THOMAS were in a special relationship of trust and confidence with Plaintiffs and their minor children. KOOL

*29

SMILES, by owning, managing, operating, and/or controlling the dental clinics, had a duty to provide honest information and opinions in regards to Plaintiffs' minor children's diagnoses, the treatment necessary, and reasonable alternatives. DRS. CHANDESH, HO, MANWARING & THOMAS had a duty as a professional to be honest and forthright with Plaintiffs in regards to their children's diagnoses, the treatment necessary, and reasonable alternatives. Plaintiffs relied upon and trusted Defendants. Defendants took undue and unconscionable advantage of Plaintiffs by making material representations regarding the existence, location, size, and number of cavities, the necessity for pulpotomies, the necessity for stainless steel crowns, the necessity for physical restraints, and the services provided. Such representations were false and Defendants were aware of the falsity at the time of such representations. Said misrepresentations were made with the intent of inducing Plaintiffs to obtain and consent to Defendants' dental services. Plaintiffs reasonably and justifiably relied upon said material misrepresentations, which are a direct and proximate cause of the injuries and damages of Plaintiffs' minor children for which Plaintiffs herein seeks recovery.

XVI. DAMAGES

As a direct and proximate cause of the negligent acts and/or omissions to act, gross negligence, civil conspiracy, and/or fraud of Defendants, Plaintiffs' minor children sustained injuries and damages. More specifically, Plaintiffs' minor children have suffered physical and mental pain and anguish and disfigurement in the past, and in reasonable probability, will continue to sustain physical and mental pain and anguish and disfigurement in the future.

KOOL SMILES and DRS. CHANDESH, HO, MANWARING & THOMAS should be further held accountable for punitive or exemplary damages. The nature of Defendants' wrong is horrific because said Defendants took advantage of, and caused injury to, children who were

*30

their patients for the purpose of financial gain. The character of Defendants' conduct is offensive and the degree of their culpability is substantial as demonstrated by their routine plan, scheme, and pattern and practice of financially gaining by soliciting and performing excessive treatment upon children insured by Medicaid. Defendants' conduct offends our public's sense of justice and propriety. Based upon the net worth of Defendants, substantial exemplary or punitive damages should be awarded.

Therefore, Plaintiffs seek recovery of punitive damages in whatever amount a jury in its sole discretion decides is adequate to punish Defendants for their gross negligence, civil conspiracy, and/or fraud.

XVII.
NOTICE

Plaintiffs would further show that on or about April 3, 2012, May 24, 2012, June 6, 2012, June 8, 2012, June 15, 2012, June 18, 2012, June 28, 2012, and August 15, 2012, more than sixty (60) days prior to filing of this cause, written notice of said claims were provided by certified mail return receipt requested to Defendant Dentistry of Brownsville, P.C. On or about July 16, 2012, July 18, 2012, and September 12, 2012, more than sixty (60) days prior to filing of this cause, written notice of said claims were provided by certified mail return receipt requested to Defendant NCDR, LLC. On or about June 29, 2012 and July 25, 2012, more than sixty (60) days prior to filing of this cause, written notice of said claims were provided by certified mail return receipt requested to Defendant Aishwarya K. Chandesh, D.D.S. On or about June 29, 2012, more than sixty (60) days prior to filing of this cause, written notice of said claims were provided by certified mail return receipt requested to Defendant Edward Ho, D.D.S. On or about June 29, 2012, more than sixty (60) days prior to filing of this cause, written notice of said claims were provided by certified mail return receipt requested to Defendant Richard I. Manwaring, D.D.S.

*31 On or about June 29, 2012, more than sixty (60) days prior to filing of this cause, written notice of said claims were provided by certified mail return receipt requested to Defendant Marc D. Thomas, D.D.S. Plaintiffs otherwise fully complied with the notice provisions pursuant to Section 74.051 of Chapter 74 of the Texas Civil Practice and Remedies Code.

WHEREFORE PREMISES CONSIDERED, Plaintiffs PAULA ANTU AS NEXT FRIEND OF A MINOR; SCARLETT AYALA AS NEXT FRIEND OF A MINOR; GUADALUPE CEPEDA AS NEXT FRIEND OF A MINOR; ANA LAURA CORNEJO AS NEXT FRIEND OF A MINOR; MARIO CUELLAR AND PRISCILLA TRUJILLO AS NEXT FRIENDS OF A MINOR; PEDRO DE LEON AND ELIZABETH DE LEON AS NEXT FRIENDS OF A MINOR; MARIA GAYTÁN AS NEXT FRIEND OF A MINOR; ELIZABETH GONZALEZ AND MARCO REYES AS NEXT FRIENDS OF A MINOR; FRANCISCA GUZMAN AS NEXT FRIEND OF A MINOR; KARINA HERNANDEZ AS NEXT FRIEND FOR A MINOR; ISMAEL MALDONADO AND ISABEL MALDONADO AS NEXT FRIENDS OF A MINOR; FREISI OLIVAR AS NEXT FRIEND OF A MINOR; MARY ROSALES AS NEXT FRIEND OF A MINOR; REYNOL SALINAS AS NEXT FRIEND OF , A MINOR; AND ROBERT VELIZ AND NAISSA VELIZ AS NEXT FRIENDS OF , A MINOR, request that Defendants NCDR, LLC, Dentistry of Brownsville, P.C., Aishwarya K. Chandesh, D.D.S., Edward Ho, D.D.S., Richard I Manwaring, D.D.S., and Marc D. Thomas, D.D.S. be served with citation and a copy of Plaintiffs' Original Petition ordering they appear and answer herein and that upon final trial, they

*32 have and recover judgment in their favor and against Defendants, jointly and severally, for the following:

actual damages within the jurisdictional limits of this Court;
punitive or exemplary damages;
prejudgment interest at the maximum rate allowed by law;
postjudgment interest at the maximum rate allowed by law;
costs of suit; and
such other and further relief at law or in equity, general or special, to which Plaintiffs may be deemed entitled.

Respectfully submitted, MAUZÉ & BAGBY, PLLC 2632 Broadway, Suite 401 South San Antonio, Texas 78215 Telephone: 210.354 .3377 Telecopier: 210.354 .3909

GUERRA, LEEDS, SABO & HERNANDEZ, PLLC 10213 N. 10th St. McAllen, Texas 78504 Telephone: 956.383 .4300 Telecopier: 956.383 .4304

ATTORNEYS FOR PLAINTIFFS

*33

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION

| NCDR, L.L.C.; DENTISTRY OF | § | | :--: | :--: | | BROWNSVILLE, P.C. d/b/a KOOL | § | | SMILES; and KS2 TX, P.C. d/b/a KOOL | § | | SMILES; | § | | | § | | Plaintiffs, | $§$ Case No. 5:12-cv-36 | | | § | | v. | § JURY TRIAL DEMANDED | | | § | | MAUZÉ & BAGBY, PLLC; GEORGE | § | | WATTS MAUZÉ II; and JAMES | § | | THOMAS BAGBY III; | § | | | § | | Defendants. | § |

PLAINTIFFS' ORIGINAL COMPLAINT FOR DAMAGES

Plaintiffs NCDR, L.L.C.; Dentistry of Brownsville, P.C. d/b/a Kool Smiles; and KS2 TX, P.C. d/b/a Kool Smiles (collectively, "Kool Smiles" or "Plaintiffs"), by way of this Complaint that they file against Defendants Mauzé & Bagby, PLLC; George Watts Mauzé II ("Mauzé"); and James Thomas Bagby III ("Bagby") (collectively, "Defendants") show as follows:

NATURE OF THE ACTION

This is an action for damages premised on Plaintiffs' claims for defamation, business disparagement, trademark infringement, false advertising (designation of origin), cyberpiracy prevention (anti-cybersquatting), injury to business reputation, and trademark dilution in which Plaintiffs seek injunctive relief, damages, and attorneys' fees.

*34

Case 5:12-cv-00036 Document 1 Filed in TXSD on 03/19/12 Page 3 of 33

business, Mauzé & Bagby, PLLC, 2632 Broadway, Suite 402 South, San Antonio, Texas 78125; or anywhere else he may be found.

JURISDICTION AND VENUE

Subject matter jurisdiction is proper in this Court pursuant to 28 U.S.C. § 1331 because this is a civil action that arises under the Constitution, laws, or treaties of the United States. This civil action arises under the Trademark Act of 1946, as amended (the "Lanham Act"), 15 U.S.C. § 1051, including Section 32(1), or 15 U.S.C. § 1114(1), for infringement of a registered mark; and for violations of Sections 43(a) and 43(d), or 15 U.S.C. §§ 1125(a) and (d), for false advertising (designation of origin) and cyberpiracy prevention (anti-cybersquatting).
This Court also has supplemental jurisdiction over the remaining claims pursuant to 28 U.S.C. § 1367(a).
Defendant Mauzé & Bagby, PLLC is subject to personal jurisdiction because it is incorporated in the State of Texas, its principal place of business is located in the State of Texas, and it regularly conducts business within the State of Texas.
Defendant Mauzé is subject to personal jurisdiction because he resides in and regularly conducts business within the State of Texas.
Defendant Bagby is subject to personal jurisdiction because he resides in and regularly conducts business within the State of Texas.
Venue in this Court is proper pursuant to 28 U.S.C. § 1391(b)(2) because a substantial portion of the events at issue occurred in this district. On information and belief, the advertisements and website at issue in this Complaint were either broadcast or made accessible by Defendants in Laredo, Texas, where clinics owned, managed, and operated by Plaintiffs are located. Defendants also made statements similar to those made in their advertisements in a

*35

Cause No. C-0184-13-G

PAULA ANTU AS NEXT FRIEND OF $◻$ IN THE DISTRICT COURT $◻$ ..... § MINOR; SCARLETT AYALA AS NEXT ..... § FRIEND OF ..... A MINOR; GUADALUPE CEPEDA AS ..... § NEXT FRIEND OF ..... § A MINOR; ANA LAURA CORNEJO AS ..... § NEXT FRIEND OF ..... § $◻$ ..... A MINOR; MARIO ..... § CUELLAR AND PRISCILLA ..... § TRUJILLO AS NEXT FRIENDS OF ..... § $◻$ ..... A MINOR; MARIA ..... § GAYTAN AS NEXT FRIEND OF ..... § $◻$ ..... A MINOR; ..... § ELIZABETH GONZALEZ AND ..... § MARCO REYES AS NEXT FRIENDS ..... § OF ..... A MINOR; ..... § FRANCISCA GUZMAN AS NEXT ..... § FRIEND OF ..... A MINOR; ISMAEL MALDONADO AND ..... § ISABEL MALDONADO AS NEXT ..... § FRIENDS OF ..... § A MINOR; FREISI OLIVAR AS NEXT ..... § FRIEND OF ..... A MINOR; MARY ROSALES AS NEXT ..... § FRIEND OF ..... A MINOR; AND REYNOL SALINAS AS ..... § NEXT FRIEND OF ..... § $◻$ ..... A MINOR ..... § Plaintiffs, ..... § v. ..... § NCDR, LLC d/b/a KOOL SMILES; ..... § DENTISTRY OF BROWNSVILLE, P.C. ..... § d/b/a KOOL SMILES; AISHWARYA K. ..... § CHANDESH, D.D.S.; EDWARD HO, ..... § D.D.S.; RICHARD MANWARING, ..... § D.D.S.; AND MARC D. THOMAS, D.D.S. ..... § Defendants. ..... HIDALGO COUNTY, TEXAS DEFENDANTS' ORIGINAL ANSWER TO PLAINTIFFS' ORIGINAL PETITION

*36

Defendants NCDR, LLC, Dentistry of Brownsville, P.C., Aishwarya K. Chandesk, DDS, Edward Ho, DDS, Richard Manwaring, DDS, and Marc Thomas, DDS (hereinafter collectively "Defendants") file this Original Answer to Plaintiffs' Original Petition, including Special Exceptions, Verified Denial, General Denial, and Defenses, and respectfully states as follows:

I.

SPECIAL EXCEPTIONS Texas law requires that pleadings give fair and adequate notice of the facts upon which a party relies so that the other party may properly prepare a defense. Murray v. O & A Express, Inc., 630 S.W.2d 633, 636 (Tex. 1982). The purpose of special exceptions is to inform the opposing party of defects in its pleadings so the party may cure them, if possible, by amendment. Horizon v. Auld, 34 S.W.3d 887, 897 (Tex. 2000). Defendants specially except to Plaintiffs' Original Petition as follows and request the Court order Plaintiffs to replead and cure their pleading defects and, if Plaintiffs do not cure their defects, strike Plaintiffs' pleading:

Pursuant to Texas Rule of Civil Procedure 47, Defendants specially except and object to Plaintiffs' allegations regarding damages in Plaintiffs' Original Petition because Plaintiffs fail to state the maximum amount for which suit is brought in each category of alleged damages. Defendants request the Court order Plaintiffs to replead and cure their pleading defects and, if Plaintiffs do not cure their defects, dismiss the action.
Defendants NCDR, LLC and Dentistry of Brownsville, P.C. specially except to sections V (A) and (B) of Plaintiffs' Original Petition because it fails to state a viable cause of action against Defendants. Tex. R. Civ. P. 91 (West 2011). Specifically, Texas does not recognize a private cause of action for the unauthorized practice of dentistry and, plaintiffs do not assert any cause of action to which any allegation of the unauthorized practice of dentistry would be relevant. Consequently, all allegations regarding the corporate practice of dentistry are extraneous and should be stricken. Because this defect cannot be cured by a pleading

*37

amendment, Defendants hereby request that these claims be dismissed and stricken from Plaintiffs' Original Petition. 3. Defendants NCDR, LLC and Dentistry of Brownsville, P.C. specially except to sections V (C), (E) and (F) of Plaintiffs' Original Petition because Plaintiffs have failed to plead the necessary elements for this cause of action. TEX. R. Civ. P. 91 (West 2011). Specifically, Plaintiffs allege that Defendants implemented a "plan or scheme" to bilk the Medicaid system. Plaintiffs, however, have failed to plead any harm or allege any damages suffered by them as a result of this alleged "plan or scheme." Consequently, all allegations relating to any plan or scheme to defraud the Medicaid system are extraneous and should be stricken. Because this defect cannot be cured by a pleading amendment, Defendants hereby request that these allegations be dismissed and stricken from Plaintiffs' Original Petition.

II. VERIFIED DENIAL

Pursuant to the provisions of Rule 93 of the Texas Rules of Civil Procedure, Defendant NCDR, LLC denies that it is doing business under an assumed name. Defendant specifically denies that it "affirmatively holds [itself] out as doing business as Kool Smiles" as alleged by Plaintiffs. Defendant is a separate legal entity, which owns the "Kool Smiles" trademark, but does not do business as or under the "Kool Smiles" trademark. As such, NCDR, LLC cannot be sued "in all of [its] business and professional names operating under the name Kool Smiles."

III. GENERAL DENIAL

Defendants hereby enter a general denial, as permitted by Rule 92 of the Texas Rules of Civil Procedure, and request that Plaintiffs be required to prove by a preponderance of the evidence the charges and allegations made against them.

*38

IV.
DEFENSES

Further answering, Defendants assert the following defenses:

Plaintiffs' injuries and damages, if any, were caused entirely or in part by acts, omissions, and/or negligence of a third party or parties for whose acts Defendants are in no way liable or responsible and over whom Defendants had no control. Among other things, some of the patients were treated by other dentists.
Defendants hereby assert all rights arising pursuant to the proportionate responsibility and contribution statutes including offset and/or contribution from other parties found responsible, and credit for any settlements made in this action.
If Plaintiffs were injured or damaged, which alleged injuries or damages are denied, the alleged injuries or damages were caused solely by new, independent, and/or superseding causes, intervening acts, events, conditions, or circumstances, or by other forces over which Defendants had no control and for which Defendants are not responsible and liable.
Defendants affirmatively invoke the limits of liability provided under Texas Revised Civil Statutes Annotated, article 4590i, including but not limited to those limits set forth in $§ § 11.01$ through 11.05 and/or Texas Civil Practice and Remedies Code, Chapter 74, including but not limited to those limits set forth in $§ § 74.301$ through 74.303 .
Plaintiffs' claims are barred or reduced under the principles of informed consent.
Further answering, subject to further investigation and discovery, Defendants reserve the right to plead, allege and state any other defenses which may be appropriate.

*39

V. REQUEST FOR DISCLOSURES

Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Defendants request that Plaintiffs disclose, within thirty (30) days of the service of this request, the information or material described in Rule 194.2 (a)-(1).

WHEREFORE, PREMISES CONSIDERED, Defendants pray that the Special Exceptions be sustained and that Plaintiffs be ordered to promptly replead and, if Plaintiffs do not cure the defects, that the Court strike Plaintiffs' pleading, and that, upon final hearing hereof, judgment be rendered that Plaintiffs take nothing by their suit, that Defendants recover their costs, and for such other relief, both at law and at equity, to which Defendants may show themselves justly entitled.

Respectfully Submitted,

*40

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing document has been forwarded to all counsel of record via certified mail, return receipt requested, on the 19th day of February 2013.

*41

VERIFICATION OF TOM NANCE

*42 TOM NANCE, being duly sworn, proposed and avers as follows: "I have read Defendants' Original Answer and I am familiar with the contents thereof. The Answer was prepared by myself and my attorney, upon whose advice I have relied. To the best of my knowledge and belief, the information contained in the Verified Denial, as part of Defendants' Original Answer, are true and accurate."

SUBSCRIBED AND SWORN before me on this 10thday of February, 2013.

*43

PLAINTIFFS' FOURTH AMENDED ORIGINAL PETITION

TO THE HONORABLE NOE GONZALEZ, JUDGE PRESIDING:

*44 COME NOW Plaintiffs PAULA ANTU AS NEXT FRIEND OF A MINOR; SCARLETT AYALA AS NEXT FRIEND OF A MINOR; GUADALUPE CEPEDA AS NEXT FRIEND OF A MINOR; ANA LAURA CORNEJO AS NEXT FRIEND OF A MINOR; MARIO CUELLAR AND PRISCILLA TRUJILLO AS NEXT FRIENDS OF A MINOR; MARIA GAYTÁN AS NEXT FRIEND OF A MINOR; ELIZABETH GONZALEZ AND MARCO REYES AS NEXT FRIENDS OF A MINOR; FRANCISCA GUZMAN AS NEXT FRIEND OF A MINOR; ISMAEL MALDONADO AND ISABEL MALDONADO AS NEXT FRIENDS OF A MINOR; FREISI OLIVAR AS NEXT FRIEND OF A MINOR; MARY ROSALES AS NEXT FRIEND OF A MINOR; AND REYNOL SALINAS AS NEXT FRIEND OF A MINOR, (hereinafter referred to collectively as "Plaintiffs") and file Plaintiffs' Fourth Amended Original Petition complaining of NCDR, LLC d/b/a KOOL SMILES (hereinafter referred to as "NCDR"), KOOL SMILES, P.C. (hereinafter referred to as "KOOL SMILES, P.C."), DENTISTRY OF BROWNSVILLE, P.C. d/b/a KOOL SMILES (hereinafter referred to as "DENTISTRY OF BROWNSVILLE") (Defendants NCDR, KOOL SMILES, P.C., and DENTISTRY OF BROWNSVILLE collectively referred to as "KOOL SMILES"), AISHWARYA K. CHANDESH, D.D.S. (hereinafter referred to as "DR. CHANDESH"), EDWARD HO, D.D.S. (hereinafter referred to as "DR. HO"), RICHARD I. MANWARING, D.D.S. (hereinafter referred to as "DR. MANWARING"), and MARC D. THOMAS, D.D.S. (hereinafter referred to as "DR. THOMAS) (all Defendants are hereinafter collectively referred

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to as "DEFENDANTS") and for causes of action would show unto this Honorable Court as follows:

I.
DISCOVERY CONTROL PLAN

Pursuant to Texas Rules of Civil Procedure 190, discovery in this case is intended to be conducted under Level 3.

II.
PARTIES

Plaintiff PAULA ANTU is an individual and the natural parent of $◻$ Plaintiff brings this suit as next friend of $◻$ a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiff SCARLETT AYALA is an individual and the natural parent of $◻$ . Plaintiff brings this suit as next friend of $◻$ a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiff GUADALUPE CEPEDA is an individual and the natural parent of $◻$ Plaintiff brings this suit as next friend of $◻$ a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiff ANA LAURA CORNEJO is an individual and the natural parent of $◻$ Plaintiff brings this suit as next friend of $◻$ a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiffs MARIO CUELLAR AND PRISCILLA TRUJILLO are individuals and the natural parents of $◻$ Plaintiffs bring this suit as next friends of $◻$ a minor. At all times relevant to this lawsuit, Plaintiffs resided in Hidalgo County, Texas.

*46 Plaintiff MARIA GAYTÁN is an individual and the natural parent of $◻$ Plaintiff brings this suit as next friend of $◻$ a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiffs ELIZABETH GONZALEZ AND MARCO REYES are individuals and the natural parents of $◻$ . Plaintiffs bring this suit as next friends of $◻$ a minor. At all times relevant to this lawsuit, Plaintiffs resided in Hidalgo County, Texas.

Plaintiff FRANCISCA GUZMAN is an individual and the natural parent of $◻$ Plaintiff brings this suit as next friend of $◻$ , a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiffs ISMAEL MALDONADO AND ISABEL MALDONADO are individuals and the natural parents of $◻$ . Plaintiffs bring this suit as next friends of $◻$ , a minor. At all times relevant to this lawsuit, Plaintiffs resided in Hidalgo County, Texas.

Plaintiff FREISI OLIVAR is an individual and the natural parent of $◻$ . II. Plaintiff brings this suit as next friend of $◻$ , II, a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiff MARY ROSALES is an individual and the natural parent of $◻$ . Plaintiff brings this suit as next friend of $◻$ , a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

Plaintiff REYNOL SALINAS is an individual and the natural parent of $◻$ Plaintiff brings this suit as next friend of $◻$ , a minor. At all times relevant to this lawsuit, Plaintiff resided in Hidalgo County, Texas.

*47

Defendant NCDR is, and at all times relevant to this lawsuit has been, a limited liability company formed in the State of Delaware with its principal office in Marietta, Georgia. NCDR is registered and duly authorized to transact business in the State of Texas. Said Defendant has appeared and answered herein.

Defendant DENTISTRY OF BROWNSVILLE is, and at all times relevant to this lawsuit has been, a professional corporation incorporated in the State of Texas. Said Defendant has appeared and answered herein.

Defendant KOOL SMILES, P.C. is, and at all times relevant to this lawsuit has been, a professional corporation incorporated in the State of Georgia. Said Defendant has appeared and answered herein.

Defendant DR. CHANDESH is an individual licensed to practice dentistry in the State of Texas. Said Defendant has appeared and answered herein.

Defendant DR. HO is an individual licensed to practice dentistry in the State of Texas. Said Defendant has appeared and answered herein.

Defendant DR. MANWARING is an individual licensed to practice dentistry in the State of Texas. Said Defendant has appeared and answered herein.

Defendant DR. THOMAS is an individual licensed to practice dentistry in the State of Texas. Said Defendant has appeared and answered herein.

III.
VENUE AND JURISDICTION

Venue properly rests in Hidalgo County, Texas, because such county is the county in which the Kool Smiles dental clinics, which treated the minor Plaintiffs, are located, the county in which most of the occurrences which give rise to this suit arose, and the county in which DR.

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CHANDESH resides. This Court has jurisdiction because the amount in controversy exceeds the minimum jurisdictional limits of this Court.

IV.
NCDR IS ENGAGED IN THE CORPORATE PRACTICE OF DENTISTRY

A. The Corporate Practice of Dentistry Is Strictly Prohibited In The State Of Texas.

Texas law prohibits a person not licensed to practice dentistry in Texas from owning, maintaining, operating, and/or controlling an office or place of business in which that person employs or engages, under any type of contract, another person to practice dentistry. Texas law further prohibits a person not licensed to practice dentistry in Texas from controlling, influencing, attempting to control or influence, or otherwise interferring with a dentist's professional judgment. TEX. OCC. CODE. ANN. §251.003(a). A violation of this statute is a felony.

B. NCDR Manages, Operates, And/Or Controls The Kool Smiles Dental Clinics.

NCDR owns, maintains, operates, and/or controls more than one hundred (100) dental clinics doing business as Kool Smiles throughout the United States including the clinics in McAllen, Mission, and Weslaco, Texas. As confirmed by a judicial admission of NCDR and Dentistry of Brownsville, in their Original Complaint in NCDR, LLC, et al v. Mauzé & Bagby, PLLC, et al, case number 5:12-cv-36 pending in the United States District Court, Laredo Division wherein KOOL SMILES (which Plaintiffs expressly state collectively refers to NCDR, L.L.C., Dentistry of Brownsville, P.C. d/b/a KOOL SMILES and KS2 TX, P.C. d/b/a KOOL SMILES) the clinics are "owned, managed, and operated by Plaintiffs" (Exhibit "A" - Plaintiffs' Original Complaint, paragraph 13 - page 3). NCDR is not owned, managed, or operated by persons licensed to practice dentistry in Texas but, rather, is owned by entities of which

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controlling interests are owned by Friedman Fleischer & Lowe, a private equity firm in San Francisco, California.

C. The Kool Smiles Plan And Scheme.

KOOL SMILES, P.C., NCDR, its parent entities and owners, and DENTISTRY OF BROWNSVILLE, drafted and implemented an elaborate plan and scheme to generate as much taxpayer Medicaid revenue as possible per clinic, per dentist, per patient, and per visit.

To effectuate their plan and scheme, said Defendants elect to primarily prey on the most vulnerable members of our society, i.e., underprivileged, very young children. KOOL SMILES, P.C. hires general dentists, most of whom have recently completed dental school and have very little, if any, experience with pediatric patients. The dentists are assigned to clinics which primarily treat very young pediatric patients. KOOL SMILES, P.C., NCDR, and DENTISTRY OF BROWNSVILLE discourage the dentists from referring pediatric patients to pediatric dentists and their number of referrals are very closely monitored.

Further, KOOL SMILES, P.C. and NCDR closely track and monitor the production of each and every clinic and dentist and sets production goals for each dentist and revenue goals for each clinic. The goals are very specific and are based entirely upon production or collections rather than necessity for treatment or quality of care. For example, dentists are provided targets and instructions regarding the number of quadrants they should work on during each visit of each patient, the number of operative procedures per patient they should perform, and the number of operative procedures per day they should perform. If a dentist fails to reach these production targets, then the dentist is counseled, provided a performance improvement plan instructing said dentist to increase his or her production and specifying how said dentist should increase production, or terminated. If a dentist fails increase production, then the dentist is terminated.

*50 KOOL SMILES, P.C. and NCDR train and indoctrinate the dentists to provide aggressive dental care to pediatric patients who have temporary teeth (commonly referred to as "baby teeth"), such as placing stainless steel crowns on teeth which are not indicated because: 1) the caries are so small that they can be simply observed (which will not produce revenue from Medicaid); or 2) the caries are so small that they can be treated with fillings (which will not produce as much revenue from Medicaid as stainless steel crowns); or 3) the teeth will soon exfoliate (fall out which will not produce any revenue from Medicaid).

KOOL SMILES, P.C. and NCDR train the dentists to perform many operative procedures on each patient in the shortest amount of time. To speed up the treatment time and increase production, the children are often physically restrained to papoose boards and physically held down while multiple operative procedures are performed on the same date. KOOL SMILES, P.C. and NCDR prohibit the use of oral conscious sedation, IV sedation, and general anesthesia in the Kool Smiles dental clinics. Thus, the dentists are not certified and/or do not possess permits by the State of Texas to administer oral conscious sedation, IV sedation, or general anesthesia. The decision not to use oral conscious sedation is that it increases treatment time. Therefore, the children undergoing dental operative procedures at Kool Smiles dental clinics do not receive interventions to relieve them of their fear and anxiety associated with dental operative procedures. Furthermore, Kool Smiles discourages the use of nitrous oxide to relieve fear, anxiety, and pain because its use increases treatment time and costs. Although many of the children undergoing dental operative procedures are obviously in distress, the dentists do not refer, defer, or terminate the treatment to relieve their distress but, rather, they restrain the children with papoose boards and otherwise to enable them to fulfill their production and revenue goals rather than fulfill the best interests of the minor children.

*51

D. The Players.

1. Friedman Fleischer & Lowe.

Friedman Fleischer & Lowe is a private equity firm in San Francisco, California which manages hundreds of millions of dollars belonging to its investors, including large pensions and trusts. One of their investments is identified as "KOOL SMILES." Through some of their board of directors and businesses in which they own a significant interest, they actively participate in the operation and/or control of the dental clinics.

2. Kool Smiles Acquisition Corp. and Kool Smiles Holding Corp.

Kool Smiles Holding Corp. owns $100 %$ of Kool Smiles Acquisition Corp. Friedman Fleischer & Lowe, through several of its private equity funds, owns a controlling interest in Kool Smiles Holding Corp. Some dentists employed by Kool Smiles, P.C. also own interests in Kool Smiles Holding Corp.

3. NCDR, LLC.

Through NCDR's board of directors, members of Friedman Fleischer & Lowe actively participate in the operation and control of Kool Smiles dental clinics. NCDR owns the "Kool Smiles" trademarks which are registered for general dentistry services. NCDR exercises substantial operation and/or control over the Kool Smiles dental clinics, such fact demonstrated by the following:

NCDR leases the space in which the dental clinics are located;
NCDR sub-leases the space to the professional corporations which own the dental clinics;
NCDR restricts and controls the sale of the dental clinics;
NCDR participates in the tracking and monitoring of the production of the dental clinics and dentists who work at the dental clinics;
NCDR participates in setting production quotas and goals for the dentists who work at the dental clinics;
NCDR participates in setting production goals for the dental clinics;
NCDR participates in setting revenue goals for the dental clinics;

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NCDR recruits and hires dental assistants, office managers, community service personnel, and other personnel who work at the dental clinics;
NCDR participates in the hiring, staffing, training, supervision, and termination of dentists who work at the dental clinics;
NCDR created and maintains the electronic clinical records;
NCDR prepares the invoices, including Medicaid invoices, for the dental clinics;
NCDR collects the accounts receivable for the dental clinics;
NCDR pays and distributes the accounts payable for the dental clinics;
NCDR selects the professional liability insurer and pays the premiums for the dentists who work at the dental clinics;
NCDR hires marketing personnel and provides the advertising for the dental clinics;
NCDR hires and employs the corporate personnel responsible for marketing, management, and financial operations of the dental clinics;
NCDR participates in the writing, implementing, and enforcing of policies, procedures, and protocols for the dental clinics; and
NCDR participates in clinical decisions.

4. Dentistry of Brownsville, P.C. d/b/a Kool Smiles.

DENTISTRY OF BROWNSVILLE is a professional corporation incorporated in the State of Texas. Tu Minh Tran, DDS is the registered owner. DENTISTRY OF BROWNSVILLE purports to own clinics in McAllen, Weslaco, and Mission, Texas. Dr. Tran, and three other dentists, hold themselves out as the owners of all of the KOOL SMILES dental clinics in the United States. Dr. Tran does not reside in the State of Texas and does not practice dentistry, on any regular basis, at any of the KOOL SMILES clinics. The clinics are camouflaged as local clinics formed as professional corporations in Texas owned by dentists licensed in Texas with the intention of giving the public and the government an appearance of compliance with state laws which prohibit the corporate practice of dentistry. The capital necessary to open the dental clinics and the risk associated with the business is borne by NCDR and investors who are not licensed dentists. Further, NCDR controls the sale of any dental clinics and pays the purported owner $\$ 100.00$ if a sale is permitted by NCDR. This elaborate scheme of multiple layers of entities is simply for no other purpose than to try to circumvent the prohibition against the

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corporate practice of dentistry. In reality and fact, the KOOL SMILES clinics are owned, maintained, operated, and/or controlled by out-of-state persons not licensed to practice dentistry in the State of Texas who receive substantial revenue from the Kool Smiles dental clinics.

5. Kool Smiles, P.C.

KOOL SMILES, P.C. is a professional corporation incorporated in the State of Georgia. Its principal place of business is at the same address and in the same office as NCDR. Tu Minh Tran, DDS is the registered owner of KOOL SMILES, P.C. KOOL SMILES, P.C. is not registered to transact business in the State of Texas with the Texas Secretary of State. KOOL SMILES, P.C. participates in the overall plan and scheme as follows:

hiring the dentists and dental hygienists who work at KOOL SMILES clinics;
training the dentists who work at KOOL SMILES clinics; and
supervising the dentists who work at KOOL SMILES clinics.

6. The Children Victims.

Most of the children treated at the dental clinics are very young and have baby teeth. More often than not the children do not have any histories of pain or complaints before arriving at one of these dental clinics. Their parents enter the clinic anticipating their children will receive examinations, oral hygiene instructions, and have their teeth cleaned. The children and their parents trust the dental professionals to honestly recommend and perform only necessary dental services and to perform the dental services appropriately and, as represented, in a manner that insures their children's comfort.

After examination and x-rays, it is the routine practice, plan, intent, scheme, and course of action of KOOL SMILES to misdiagnose the existence and/or severity of cavities and recommend dental operative procedures, most commonly consisting of pulpotomies and stainless steel crowns. Routinely, many of these operative procedures are unnecessary and/or excessive

*54 but they allow KOOL SMILES, P.C., NCDR, and DENTISTRY OF BROWNSVILLE to maximize production per patient and meet their revenue goals. The staff is trained to "sell" the treatment plans to the parents.

After persuading the children's parents that the treatment recommended is necessary and that their children will be comfortable, the dental clinics secure the parents' consents to treatment and use of physical restraint often informing them that restraint most likely will not be necessary and, if necessary, has no risks.

However, the dental clinics do, in fact, intend to restrain many of the children because it requires less time than less intrusive behavior guidance techniques and allows the dentist to increase production and maximize revenues. Children are strapped to papoose boards and physically restrained otherwise (often including blind-folds, socks over their hands and arms, and one or more employees physically holding their head and/or feet). Because of the loss of freedom of movement and potential physical and emotional trauma, physical restraint to a papoose board should only be used in dentistry as a last resort when all other less restrictive behavior guidance techniques have been reasonably attempted and failed and the dental treatment is immediately necessary due to trauma, advancing disease, or infection. After the parents' broad consent is signed, the dental clinics often prohibit or discourage the children's parents from being present in the treatment room. The treatment which routinely includes dental operative procedures, no sedation, no nitrous oxide, and restraint with a papoose board, socks, blindfolds, and staff, often causes the children so much physical and emotional trauma that they are crying, screaming, struggling, and terrified. Many children are so traumatized that they lose control of their bladders and/or vomit. The dentists, rather than postpone or terminate the procedures for the safety and comfort of the children, press on with production. Some of the

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dental operative procedures were inadequately performed, such requiring further treatment and/or causing infections and abscesses which necessitated subsequent extractions.

The children arrive to the dental clinics trusting health care professionals and smiling only to leave distrusting dentists and without a smile. The children leave in pain, discomfort, distress, and anguish. The children are embarrassed because their disfigured mouths have stainless steel crowns, which often are the subject of ridicule. The children fight their parents about going to dentists because of their traumatic experience at these dental clinics. As a result of the traumatic experience, many of these victimized children, as adults, will be fearful of dentists and dental procedures which will reduce the likelihood of future visits to dental professionals. The trauma they endured is likely to affect them the rest of their lives and is likely to make them reluctant to take their children to dental professionals.

E. The Motive

KOOL SMILES, P.C., NCDR, and DENTISTRY OF BROWNSVILLE's plan and scheme is to fulfill its motive: to bilk Medicaid for millions and millions of dollars at the cost of taxpayers and suffering of underprivileged children. Defendants have collected, and continue to collect, tens of millions of taxpayer dollars in Texas every year.

V.
FACTUAL BACKGROUND PERTAINING TO PLAINTIFFS

A 3 year old boy, presented to the Kool Smiles dental clinic in Mission, Texas on or about January 4, 2011 and on or about January 7, 2011. After examination and radiographs, one or more DEFENDANTS represented that had multiple cavities which necessitated stainless steel crowns. On or about January 4, 2011, was not administered oral conscious sedation or nitrous oxide. He was physically restrained with a papoose board. DR. CHANDESH proceeded to administer multiple injections of local anesthetic and then

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prepared baby teeth A, B, S, & T for, and cemented, stainless steel crowns. On or about January 7, 2011, was not administered oral conscious sedation or nitrous oxide. He was physically restrained with a papoose board. DR. CHANDESH proceeded to administer multiple injections of local anesthetic and then prepared baby teeth I, J, K, & L for, and cemented, stainless steel crowns. Medicaid was billed, and paid for, dental services and procedures, including nine (9) stainless steel crowns, when only eight (8) stainless steel crowns were placed, some of which were not necessary.

12.1.

a 4 year old boy, presented to the Kool Smiles dental clinic in McAllen, Texas on or about October 12, 2010 and on or about November 13, 2010. After examination and radiographs, one or more DEFENDANTS represented that had multiple cavities which necessitated a pulpotomy and stainless steel crowns. On or about October 12, 2010, was not administered oral conscious sedation or nitrous oxide. He was physically restrained with a papoose board. DR. TRAYNOR proceeded to administer multiple injections of local anesthetic and then performed a pulpotomy on baby tooth I and prepared baby teeth I & J for, and cemented, stainless steel crowns. On or about November 13, 2010, was not administered oral conscious sedation or nitrous oxide. He was physically restrained with a papoose board. DR. MANWARING proceeded to administer multiple injections of local anesthetic and then prepared baby teeth D & E for, and cemented, stainless steel crowns. Medicaid was billed, and paid for, the dental services and procedures, some of which were not necessary.

13 year old boy, presented to the Kool Smiles dental clinic in McAllen, Texas on or about April 29, 2009, on or about June 2, 2009, and on or about October 8, 2009. After examinations and radiographs, one or more DEFENDANTS represented that

*57 10.1 had multiple cavities which necessitated pulpotomies and stainless steel crowns. On or about April 28, 2009, 10.1 was not administered oral conscious sedation or nitrous oxide. He was physically restrained with a papoose board. DR. HO proceeded to administer multiple injections of local anesthetic and then performed pulptomies on baby teeth F, G, & T and prepared baby teeth B, D, E, F, G, S, & T for, and cemented, stainless steel crowns. On or about June 2, 2009, 10.1 was not administered oral conscious sedation or nitrous oxide. DR. HO proceeded to administer multiple injections of local anesthetic and then performed a pulptomy on baby tooth K and prepared baby teeth $K & a m p; L$ for, and cemented, stainless steel crowns. On or about October 8, 2009, 10.1 was not administered oral conscious sedation or nitrous oxide. He was physically restrained with a papoose board. DR. THOMAS proceeded to administer multiple injections of local anesthetic and then prepared baby teeth I & J for, and cemented, stainless steel crowns. Medicaid was billed, and paid for, the dental services and procedures, some of which were not necessary.

11.1.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10

*58 K, L, & M for, and cemented, stainless steel crowns. Medicaid was billed, and paid for, the dental services and procedures, some of which were not necessary.

EXERCER, a 7 year old girl, presented to the Kool Smiles dental clinic in McAllen, Texas on or about November 21, 2011 and on or about November 30, 2011. After examination and radiographs, one or more DEFENDANTS represented that $100 %$ had multiple cavities which necessitated stainless steel crowns. $00 %$ was not administered oral conscious sedation or nitrous oxide. DR. MANWARING administered multiple injections of local anesthetic and then prepared baby teeth J, K, & L for, and cemented, stainless steel crowns. Medicaid was billed, and paid for, the dental services and procedures, some of which were not necessary.

EXPERIMENT, a 2 year old girl, presented to the Kool Smiles dental clinic in McAllen, Texas on or about July 22, 2009 and on or about August 13, 2009. After examination and radiographs, one or more DEFENDANTS represented that $100 %$ had multiple cavities which necessitated pulpotomies and stainless steel crowns. On or about July 22, 2009 Johana was not administered oral conscious sedation or nitrous oxide. She was physically restrained with a papoose board. DR. HO proceeded to administer multiple injections of local anesthetic and then performed a pulpotomy on baby tooth $S$ and prepared baby teeth N, O, P, Q, & S for, and cemented, stainless steel crowns. On or about August 13, 2009 $100 %$ was not administered oral conscious sedation or nitrous oxide. She was physically restrained with a papoose board. DR. HO proceeded to administer multiple injections of local anesthetic and then performed pulpotomies on baby teeth D, E, F, G, & L and prepared baby teeth D, E, F, G, & L for, and cemented, stainless steel crowns. Medicaid was billed, and paid for, the dental services and procedures, many of which were not necessary.

*59 A 5 year old girl, presented to the Kool Smiles dental clinic in McAllen, Texas on or about July 16, 2009 and on or about August 5, 2009. After examinations and radiographs, one or more DEFENDANTS represented that had multiple cavities which necessitated pulpotomies and stainless steel crowns. On or about July 16, 2009, was not administered oral conscious sedation or nitrous oxide. She was physically restrained with a papoose board. DR. HO proceeded to administer multiple injections of local anesthetic and then performed a pulpotomy on baby tooth A and prepared baby teeth A, B, S, & T for, and cemented, stainless steel crowns. On or about August 5, 2009, was not administered oral conscious sedation or nitrous oxide. She was physically restrained with a papoose board. DR. HO proceeded to administer multiple injections of local anesthetic and then performed a pulpotomy on baby tooth I and prepared baby teeth I, J, K, & L for, and cemented, stainless steel crowns. Medicaid was billed, and paid for, the dental services and procedures, some of which were not necessary.

A 5 year old girl, presented to the Kool Smiles dental clinic in Mission, Texas on or about July 6, 2011 and on or about July 8, 2011. After examinations and radiographs, one or more DEFENDANTS represented that had multiple cavities which necessitated stainless steel crowns. On or about July 6, 2011, was not administered oral conscious sedation or nitrous oxide. She was physically restrained with a papoose board. DR. CHANDESH proceeded to administer multiple injections of local anesthetic and then prepared baby teeth A, B, S, & T for, and cemented, stainless steel crowns. On or about July 8, 2011, was not administered oral conscious sedation or nitrous oxide. She was physically restrained with a papoose board. DR. CHANDESH proceeded to administer multiple injections of local anesthetic and then prepared baby teeth I, J, K, & L for, and cemented,

*60 stainless steel crowns. Medicaid was billed, and paid for, the dental services and procedures, some of which were not necessary.

A 2 year old boy, presented to the Kool Smiles dental clinic in Mission, Texas on or about September 29, 2011, on or about October 5, 2011, and on or about October 10, 2011. After examinations and radiographs, one or more DEFENDANTS represented that had multiple cavities which necessitated stainless steel crowns. On or about October 5, 2011, was not administered oral conscious sedation or nitrous oxide. He was physically restrained with a papoose board. DR. CHANDESH proceeded to administer multiple injections of local anesthetic and then DR. CHANDESH prepared baby teeth E, F, G, S, & T for, and cemented, stainless steel crowns. On or about October 10, 2011, was not administered oral conscious sedation or nitrous oxide. He was physically restrained with a papoose board. DR. CHANDESH proceeded to administer multiple injections of local anesthetic and then prepared baby teeth B, C, H, & I for, and cemented, stainless steel crowns. Medicaid was billed, and paid for, the dental services and procedures, some of which were not necessary.

A 5 ½ year old boy, presented to the Kool Smiles dental clinic in Mission, Texas on or about January 21, 2009 and on or about September 10, 2010. After examinations and radiographs, one or more DEFENDANTS represented that had multiple cavities which necessitated pulpotomies and stainless steel crowns. On or about January 21, 2009, was not administered oral conscious sedation or nitrous oxide. He was physically restrained with a papoose board. DR. THOMAS proceeded to administer multiple injections of local anesthetic and then performed pulpotomies on baby teeth I, J, K & L and prepared baby teeth E, F, I, J, K, & L for, and cemented, stainless steel crowns. On or about September 10, 2010, DR. CHANDESH re-performed the pulpotomy, and replaced the stainless

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steel crown, on baby tooth K. Medicaid was billed, and paid for the dental services and procedures, some of which were not necessary and two of which were necessary because of the previously poorly performed pulpotomy on tooth K .

a 5 year old boy, presented to the Kool Smiles dental clinic in Mission, Texas on or about July 29, 2009. After examination and radiographs, one or more DEFENDANTS represented that had multiple cavities and necessitated stainless steel crowns. was not administered oral conscious sedation or nitrous oxide. He was physically restrained with a papoose board. DR. THOMAS proceeded to administer multiple injections of local anesthetic and then prepared baby teeth I, L, & K for, and cemented, stainless steel crowns. Medicaid was billed, and paid for, the dental services and procedures, some of which were not necessary.

a 4 year old boy, presented to the Kool Smiles dental clinic in McAllen, Texas on or about August 10, 2009. After examination and radiographs, one or more DEFENDANTS represented that had multiple cavities which necessitated stainless steel crowns. was not administered oral conscious sedation or nitrous oxide. He was physically restrained with a papoose board. DR. HO proceeded to administer multiple injections of local anesthetic and then prepared baby teeth A, B, S, & T for, and cemented, stainless steel crowns. Medicaid was billed, and paid for, the dental services and procedures, some of which were not necessary.

VI.

DEFENDANT KOOL SMILES, P.C. AND DENTISTRY OF BROWNSVILLE'S VICARIOUS LIABILITY FOR THE NEGLIGENCE OF THE DENTISTS WHO PROVIDED DENTAL SERVICES TO PLAINTIFES' MINOR CHILDREN

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KOOL SMILES, P.C. is liable for the negligence of DR. CHANDESH, DR. HO, DR. MANWARING, AND DR. THOMAS because at all times relevant hereto, said dentists who provided the dental treatment to Plaintiffs' minor children were employees of KOOL SMILES, P.C. acting within the course and scope of their employment. Further, DENTISTRY OF BROWNSVILLE is liable for the negligence of DR. CHANDESH, DR. HO, DR. MANWARING, AND DR. THOMAS because at all times relevant hereto, said dentists who provided the dental treatment to Plaintiffs' minor children were borrowed servants, actual agents, apparent agents, or ostensible agents of DENTISTRY OF BROWNSVILLE acting within the course and scope of their employment or agency.

VII.
DEFENDANT KOOL SMILES, P.C.'S NEGLIGENCE

KOOL SMILES, P.C., by and through its employees and agents including, but not limited to, DRS. CHANDESH, HO, MANWARING & THOMAS, owed a general duty of care to Plaintiffs' minor children to provide dental services in conformity with the applicable minimum standards of care which required them to exercise ordinary care, that is to do that which dentists of ordinary prudence would have done under the same or similar circumstances. KOOL SMILES, P.C. breached its duties by engaging in the following acts and/or omissions to act:

failing to reasonably and prudently train and supervise DRS. THOMAS, MANWARING, MATHISEN, HO, and NANVA in their examinations, interpretation of radiographs, treatment planning, behavior guidance techniques, clinical pain management, and performance of dental operative procedures on pediatric patients;
training DRS. THOMAS, MANWARING, MATHISEN, HO, and NANVA to use physical restraints which were not indicated;
discouraging DRS. THOMAS, MANWARING, MATHISEN, HO, and NANVA from deferring and/or referring pediatric patients necessitating advanced behavior guidance techniques; and
encouraging DRS. THOMAS, MANWARING, MATHISEN, HO, and NANVA to perform unnecessary and excessive dental procedures by establishing quotas based upon production and revenue rather than the best interests of the minor Plaintiffs.

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Such acts and/or omissions to act of KOOL SMILES, P.C., whether taken singularly or collectively, constitute negligence and a direct and proximate cause of the injuries and damages of Plaintiffs' minor children, for which they herein seek recovery.

VIII.
DEFENDANT NCDR'S NEGLIGENCE

NCDR is a health care provider under Texas law. Thus, NCDR, by and through its employees and/or agents, owed a general duty of care to Plaintiffs' minor children to provide dental services in conformity with the applicable minimum standards of care which required them to exercise ordinary care, that is to do that which a dental service organization of ordinary prudence would have done under the same or similar circumstances. NCDR breached its duties by participating in the ownership, maintenance, operation, and/or control of the dental clinics and in controlling, influencing, attempting to control or influence, or otherwise interfering with the dentists' professional judgment. More specifically, NCDR engaged in the following acts which demonstrate its ownership, maintenance, operation, and/or control of the dental clinics: a. NCDR leased the space in which the dental clinics are located; b. NCDR sub-leased the space to the professional corporations which own the dental clinics; c. NCDR restricted and controls the sale of the dental clinics; d. NCDR participated in the tracking and monitoring of the production of the dental clinics and dentists who work at the dental clinics; e. NCDR participated in setting production quotas and goals for the dentists who work at the dental clinics; f. NCDR participated in setting production goals for the dental clinics; g. NCDR participated in setting revenue goals for the dental clinics; h. NCDR recruited and hired dental assistants, office managers, community service personnel, and other personnel who work at the dental clinics; i. NCDR participated in the hiring, staffing, training, supervision, and termination of dentists who work at the dental clinics; j. NCDR created and maintains the electronic clinical records; k. NCDR prepared the invoices, including Medicaid invoices, for the dental clinics;

NCDR collected the accounts receivable for the dental clinics; m. NCDR paid and distributed the accounts payable for the dental clinics;

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n. NCDR selected the professional liability insurer and paid the premiums for the dentists who work at the dental clinics; o. NCDR hired marketing personnel and provided the advertising of the dental clinics; p. NCDR hired and employed the corporate personnel responsible for marketing, management, and financial operations of the dental clinics; q. NCDR participated in the writing, implementing, and enforcing of policies, procedures, and protocols for the dental clinics; and r. NCDR participated in clinical decisions.

Such acts and/or omissions to act of NCDR, whether taken singularly or collectively, constitute negligence and a direct and proximate cause of the injuries and damages of Plaintiffs' minor children, for which they herein seek recovery.

IX.
DEFENDANT DENTISTRY OF BROWNSVILLE'S NEGLIGENCE

DENTISTRY OF BROWNSVILLE, by and through its borrowed servants, actual agents, apparent agents, and/or ostensible agents, owed a general duty of care to Plaintiffs' minor children to provide dental services in conformity with the applicable minimum standards of care which required it to exercise ordinary care, that is to do that which dentists of ordinary prudence would have done under the same or similar circumstances. DENTISTRY OF BROWNSVILLE breached its duties by engaging in the following acts and/or omissions to act:

failing to reasonably and prudently train and supervise DRS. CHANDESH, HO, MANWARING & THOMAS in their examinations, interpretation of radiographs, treatment planning, behavior guidance techniques, clinical pain management, and performance of dental procedures on pediatric patients;
training DRS. CHANDESH, HO, MANWARING & THOMAS to use physical restraints which were not indicated;
discouraging DRS. CHANDESH, HO, MANWARING & THOMAS from deferring and/or referring pediatric patients necessitating advanced behavior guidance techniques;
encouraging DRS. CHANDESH, HO, MANWARING & THOMAS to perform unnecessary and excessive dental procedures by establishing quotas based upon production and revenue rather than the best interests of the minor Plaintiffs; and
permitting NCDR to participate in the ownership, maintenance, operation, and/or control of the dental clinics and permitting NCDR to participate in controlling,

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influencing, attempting to control or influence, or otherwise interfering with the dentists' professional judgment as follows: a. NCDR participated in the tracking and monitoring of the production of the dental clinics and dentists who work at the dental clinics; b. NCDR sub-leased the space to the professional corporations which own the dental clinics and charged $12 %$ of the gross revenue; c. NCDR charged a monthly management fee which was retroactively adjusted; d. NCDR charged all of its direct costs and a $21 %$ override; e. NCDR restricted and controlled the sale of the dental clinics; f. NCDR participated in setting production quotas and goals for the dentists who work at the dental clinics; g. NCDR participated in setting production goals for the dental clinics; h. NCDR participated in setting revenue goals for the dental clinics; i. NCDR hired and employed corporate personnel responsible for management operations of the dental clinics; j. NCDR participated in the writing, implementing, and enforcing of policies, procedures, and protocols for the dental clinics; and k. NCDR participated in clinical decisions.

Such acts and/or omissions to act of DENTISTRY OF BROWNSVILLE, whether taken singularly or collectively, constitute negligence and a direct and proximate cause of the injuries and damages of Plaintiffs' minor children, for which they herein seek recovery.

X.
JOINT ENTERPRISE OF NCDR, KOOL SMILES, P.C., and DENTISTRY OF BROWNSVILLE

Defendants, NCDR, KOOL SMILES, P.C., and DENTISTRY OF BROWNSVILLE entered into and operated a joint enterprise or endeavor under agreements, express and/or implied, to generate and share revenue from dental operative procedures and services performed at Kool Smiles dental clinics in Mission and McAllen, Texas. NCDR, KOOL SMILES, P.C., and DENTISTRY OF BROWNSVILLE's common purpose was to generate as much revenue and income as possible from dental operative procedures and services performed on underprivileged, Medicaid-eligible children, including Plaintiffs' minor children, at Kool Smiles dental clinics by maximizing the number of dental operative procedures performed per clinic, per

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dentist, per patient, and per visit. NCDR, KOOL SMILES, P.C., and DENTISTRY OF BROWNSVILLE shared income and revenue generated from the dental procedures performed on Plaintiffs' minor children and other children at KOOL SMILES dental clinics in Mission and McAllen, Texas, and thus created a community of pecuniary interest in the purpose of the joint enterprise. NCDR, KOOL SMILES, P.C., and DENTISTRY OF BROWNSVILLE each had an equal right to a voice in the direction of the enterprise, which gave them an equal right of management, operation, and control in the enterprise. Because of their joint enterprise, NCDR, KOOL SMILES, P.C., and DENTISTRY OF BROWNSVILLE should be held jointly and severally liable for the occurrences in question and Plaintiffs' minor children's resulting injuries.

XI.
DEFENDANT DR. CHANDESH'S NEGLIGENCE

misdiagnosing the existence and/or severity of cavities;
providing unnecessary and excessive dental treatment;
failing to appropriately utilize behavior guidance techniques;
failing to appropriately manage clinical pain, anxiety, and fear;
failing to defer or refer treatment;
unnecessarily restraining patients; and
failing to otherwise render dental attention, care, and treatment in accordance with the applicable standard of care as reasonably prudent dentists would under the same or similar circumstances.

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Such acts and/or omissions to act of DR. CHANDESH, whether taken singularly or collectively, constitute negligence and a direct and proximate cause of the injuries and damages of said Plaintiffs' minor children, for which they herein seek recovery.

XII.
DEFENDANT DR. HO'S NEGLIGENCE

misdiagnosing the existence and/or severity of cavities;
providing unnecessary and excessive dental treatment;
failing to appropriately utilize behavior guidance techniques;
failing to appropriately manage clinical pain, anxiety, and fear;
failing to defer or refer treatment;
unnecessarily restraining patients; and
failing to otherwise render dental attention, care, and treatment in accordance with the applicable standard of care as reasonably prudent dentists would under the same or similar circumstances.

Such acts and/or omissions to act of DR. HO, whether taken singularly or collectively, constitute negligence and a direct and proximate cause of the injuries and damages of said Plaintiffs' minor children, for which they herein seek recovery.

XIII.
DEFENDANT DR. MANWARING'S NEGLIGENCE

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a dentist of ordinary prudence would have done under the same or similar circumstances. DR. MANWARING breached his duties by engaging in the following acts and/or omissions to act:

misdiagnosing the existence and/or severity of cavities;
providing unnecessary and excessive dental treatment;
failing to appropriately utilize behavior guidance techniques;
failing to appropriately manage clinical pain, anxiety, and fear;
failing to defer or refer treatment;
unnecessarily restraining patients; and
failing to otherwise render dental attention, care, and treatment in accordance with the applicable standard of care as reasonably prudent dentists would under the same or similar circumstances.

Such acts and/or omissions to act of DR. MANWARING, whether taken singularly or collectively, constitute negligence and a direct and proximate cause of the injuries and damages of said Plaintiffs' minor children, for which they herein seek recovery.

XIV.
DEFENDANT DR. THOMAS' NEGLIGENCE

misdiagnosing the existence and/or severity of cavities;
providing unnecessary and excessive dental treatment;
failing to appropriately utilize behavior guidance techniques;
failing to appropriately manage clinical pain, anxiety, and fear;
failing to defer or refer treatment;
unnecessarily restraining patients; and
failing to otherwise render dental attention, care, and treatment in accordance with the applicable standard of care as reasonably prudent dentists would under the same or similar circumstances.

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Such acts and/or omissions to act of DR. THOMAS, whether taken singularly or collectively, constitute negligence and a direct and proximate cause of the injuries and damages of said Plaintiffs' minor children, for which they herein seek recovery.

XV.
GROSS NEGLIGENCE

The negligent acts and/or omissions to act of NCDR, KOOL SMILES, P.C., DENTISTRY OF BROWNSVILLE and DRS. CHANDESH, HO, MANWARING & THOMAS specified in paragraphs VII - IX and XI - XIV above, which are hereby fully incorporated, constitute more than momentary thoughtlessness, inadvertence or error of judgment. Such negligence demonstrates such an entire want of care as to establish that the acts and/or omissions to act were the result of actual conscious indifference to the rights, welfare or safety of Plaintiffs. Further, the negligent acts and/or omissions of NCDR, KOOL SMILES, P.C., and DENTISTRY OF BROWNSVILLE were engaged in by vice principals and/or persons in managerial capacities of said entities.

Such gross negligence was a proximate cause of Plaintiffs' minor children's injuries and damages and, thus, Plaintiffs seek recovery of punitive or exemplary damages.

XVI.
CIVIL CONSPIRACY

Prior to the rendition of dental services to Plaintiffs' minor children, one or more directors, officers, and/or other employees in a managerial capacity of KOOL SMILES, P.C., acting within the course and scope of employment, conspired with one or more directors, officers, and/or other employees in a managerial capacity of NCDR, acting within the course and scope of employment, and with one or more directors, officers, and/or other employees in a managerial capacity of DENTISTRY OF BROWNSVILLE, acting within the course and scope

*70 of employment, to, and did, engage in a routine plan, scheme, course and pattern of practice to increase production and revenue of dentists working at KOOL SMILES clinics by establishing a plan and practice of misdiagnosing the existence and/or severity of cavities, providing unnecessary and/or excessive dental operative procedures, and unnecessarily physically restraining children rather than defer or refer treatment. Said officers, directors, and employees, acting in managerial capacities on behalf of Defendants had a meeting of their minds in regards to their routine plan, scheme, course, and pattern of practice which had an unlawful purpose or a lawful purpose to be accomplished by unlawful means.

More specifically, the purpose of their plan was for NCDR to engage in the unlawful corporate practice of dentistry to generate revenue for persons who are not licensed to practice dentistry. NCDR charged the dental clinics $12 %$ of gross revenue as rent, a monthly fee for management which was often modified retroactively, all of its direct costs, and a $21 %$ override of its direct costs. Additionally, NCDR and the dentists employed by Kool Smiles entered into an agreement wherein dentists assigned any interest in federal financial incentives under HITECH, a program which offered financial incentives for health are providers to convert to electronic records. Although NCDR, not the dentists, created and maintained the dental records, and already had an electronic record program in place, said Defendant received millions of dollars of financial incentives from the government. A further purpose of their plan was to increase revenue from Medicaid by increasing the number of dental operative procedures per dentist, per patient, and per day, many of such dental operative procedures being unnecessary and, thus, not entitled to Medicaid reimbursement. Further, said Defendants, by and through their directors, officers and employees utilized an unlawful means (i.e., the corporate practice of dentistry) to fulfill its purpose of generating revenue for persons who are not licensed to practice

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dentistry. Said civil conspiracy was a direct and proximate cause of Plaintiffs' minor children's injuries and damages.

XVII.
FRAUD

KOOL SMILES, P.C., DENTISTRY OF BROWNSVILLE and DRS. CHANDESH, HO, MANWARING & THOMAS were in a special relationship of trust and confidence with Plaintiffs and their minor children. DEFENDANTS, by and through their employees and/or agents, had a duty to accurately represent the qualifications of its dentists, Plaintiffs' minor children's diagnoses, necessary treatment, and their practice of using physical restraint rather than deferral and/or referral. Plaintiffs relied upon and trusted DEFENDANTS. DEFENDANTS took undue and unconscionable advantage of Plaintiffs by making material representations regarding the existence, location, size, and number of cavities, the necessity for pulpotomies, the necessity for stainless steel crowns, the necessity for physical restraints, and the risks associated with the use of the papoose board for physical restraint. Such representations were false and DEFENDANTS were aware of the falsity at the time of such representations. Said misrepresentations were made with the intent of inducing Plaintiffs to obtain and consent to DEFENDANTS' dental services. Plaintiffs reasonably and justifiably relied upon said material misrepresentations, which are a direct and proximate cause of damages sustained by Plaintiffs' minor children for which Plaintiffs herein seek recovery.

XVIII.
DAMAGES

As a direct and proximate cause of the negligent acts and/or omissions to act, gross negligence, civil conspiracy, and/or fraud of DEFENDANTS, Plaintiffs' minor children sustained injuries and damages. More specifically, Plaintiffs' minor children have suffered

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physical and mental pain and anguish and disfigurement in the past, and in reasonable probability, will continue to sustain mental pain and anguish and disfigurement in the future.

NCDR, KOOL SMILES, P.C., DENTISTRY OF BROWNSVILLE and DRS. CHANDESH, HO, MANWARING & THOMAS should be further held accountable for punitive or exemplary damages. The nature and frequency of DEFENDANTS' wrongs is horrific because DEFENDANTS took advantage of, and caused injury to, children who were their patients for the purpose of financial gain. The character of DEFENDANTS' conduct is offensive and the degree of their culpability is substantial as demonstrated by their routine plan, scheme, and pattern and practice of financially gaining by soliciting and performing unnecessary and excessive treatment upon children insured by Medicaid. DEFENDANTS' conduct offends our public's sense of justice and propriety. Based upon the net worth of DEFENDANTS, substantial exemplary or punitive damages should be awarded.

Therefore, Plaintiffs seek recovery of punitive damages in whatever amount a jury in its sole discretion decides is adequate to punish DEFENDANTS for their gross negligence, civil conspiracy, and/or fraud.

XIX.
NOTICE

Plaintiffs would further show that more than sixty (60) days prior to filing of this cause, written notice of said claims were provided by certified mail return receipt requested to Dentistry of Brownsville, P.C., NCDR, LLC, KOOL SMILES, P.C., Aishwarya K. Chandesh, D.D.S., Edward Ho, D.D.S., Richard I. Manwaring, D.D.S., and Marc D. Thomas, D.D.S. and that they otherwise fully complied with the notice provisions pursuant to Section 74.051 of Chapter 74 of the Texas Civil Practice and Remedies Code.

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XX.
PRAYER FOR RELIEF

WHEREFORE PREMISES CONSIDERED, Plaintiffs PAULA ANTU AS NEXT FRIEND OF $◻$ A MINOR; SCARLETT AYALA AS NEXT FRIEND OF $◻$ , A MINOR; GUADALUPE CEPEDA AS NEXT FRIEND OF $◻$ A MINOR; ANA LAURA CORNEJO AS NEXT FRIEND OF $◻$ A MINOR; MARIO CUELLAR AND PRISCILLA TRUJILLO AS NEXT FRIENDS OF $◻$ , A MINOR; PEDRO DE LEON AND ELIZABETH DE LEON AS NEXT FRIENDS OF $◻$ , A MINOR; MARIA GAYTÁN AS NEXT FRIEND OF $◻$ , A MINOR; ELIZABETH GONZALEZ AND MARCO REYES AS NEXT FRIENDS OF $◻$ , A MINOR; FRANCISCA GUZMAN AS NEXT FRIEND OF $◻$ , A MINOR; KARINA HERNANDEZ AS NEXT FRIEND FOR $◻$ , A MINOR; ISMAEL MALDONADO AND ISABEL MALDONADO AS NEXT FRIENDS OF $◻$ , A MINOR; FREISI OLIVAR AS NEXT FRIEND OF $◻$ , A MINOR; MARY ROSALES AS NEXT FRIEND OF $◻$ , A MINOR; AND REYNOL SALINAS AS NEXT FRIEND OF $◻$ A MINOR pray that upon final trial, they have and recover judgment in their favor and against DEFENDANTS, jointly and severally, for the following:

actual damages within the jurisdictional limits of this Court;
punitive or exemplary damages;
prejudgment interest at the maximum rate allowed by law;
postjudgment interest at the maximum rate allowed by law;
costs of suit; and
such other and further relief at law or in equity, general or special, to which Plaintiffs may be deemed entitled.

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Respectfully submitted, MAUZÉ & BAGBY, PLLC 2632 Broadway, Suite 401 South San Antonio, Texas 78215 Telephone: 210.354 .3377 Telecopier: 210.354 .3909

GUERRA, LEEDS, SABO & HERNANDEZ, PLLC 10213 N. 10th St. McAllen, Texas 78504 Telephone: 956.383 .4300 Telecopier: 956.383 .4304 By: R.D. "Bobby" Guerra State Bar No. 08578640 rdguerra@wglawfirm.com

ATTORNEYS FOR PLAINTIFFS

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of PLAINTIFFS' FOURTH AMENDED ORIGINAL PETITION has been sent by via fax and regular mail to Mr. Wayne B. Mason, Esq., Mr. Alan Vickery, Esq., and Ms. Cori C. Steinmann, Esq., Sedgwick LLP, 1717 Main Street, Suite 5400, Dallas, Texas 75201-7367 and Mr. Eduardo R. Rodriguez, Esq., Atlas, Hall & Rodriguez, L.L.P., 50 W. Morrison Road, Suite A, Brownsville, TX 78520 on this $\int$ day of January, 2015.

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION

| NCDR, L.L.C.; DENTISTRY OF | § | | :--: | :--: | | BROWNSVILLE, P.C. d/b/a KOOL | § | | SMILES; and KS2 TX, P.C. d/b/a KOOL | § | | SMILES; | § | | | § | | Plaintiffs, | § Case No. 5:12-cv-36 | | | § | | v. | § JURY TRIAL DEMANDED | | | § | | MAUZÉ & BAGBY, PLLC; GEORGE | § | | WATTS MAUZÉ II; and JAMES | § | | THOMAS BAGBY III; | § | | | § | | Defendants. | § |

PLAINTIFES' ORIGINAL COMPLAINT FOR DAMAGES

NATURE OF THE ACTION

This is an action for damages premised on Plaintiffs' claims for defamation, business disparagement, trademark infringement, false advertising (designation of origin), cyberpiracy prevention (anti-cybersquatting), injury to business reputation, and trademark dilution in which Plaintiffs seek injunctive relief, damages, and attorneys' fees.

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business, Mauzé & Bagby, PLLC, 2632 Broadway, Suite 402 South, San Antonio, Texas 78125 ; or anywhere else he may be found.

JURISDICTION AND VENUE

Subject matter jurisdiction is proper in this Court pursuant to 28 U.S.C. § 1331 because this is a civil action that arises under the Constitution, laws, or treaties of the United States. This civil action arises under the Trademark Act of 1946, as amended (the "Lanham Act"), 15 U.S.C. § 1051, including Section 32(1), or 15 U.S.C. § 1114(1), for infringement of a registered mark; and for violations of Sections 43(a) and 43(d), or 15 U.S.C. §§ 1125(a) and (d), for false advertising (designation of origin) and cyberpiracy prevention (anti-cybersquatting).
This Court also has supplemental jurisdiction over the remaining claims pursuant to 28 U.S.C. § 1367(a).
Defendant Mauzé & Bagby, PLLC is subject to personal jurisdiction because it is incorporated in the State of Texas, its principal place of business is located in the State of Texas, and it regularly conducts business within the State of Texas.
Defendant Mauzé is subject to personal jurisdiction because he resides in and regularly conducts business within the State of Texas.
Defendant Bagby is subject to personal jurisdiction because he resides in and regularly conducts business within the State of Texas.
Vemue in this Court is proper pursuant to 28 U.S.C. § 1391(b)(2) because a substantial portion of the events at issue occurred in this district. On information and belief, the advertisements and website at issue in this Complaint were either broadcast or made accessible by Defendants in Laredo, Texas, where clinics owned, managed, and operated by Plaintiffs are located. Defendants also made statements similar to those made in their advertisements in a

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CAUSE NO. C-0184-13-G

| PAULA ANTU, as Next Friend of | § | IN THE DISTRICT COURT OF | | :--: | :--: | :--: | | | a Minor, et | § | | al., | | § | | | | § | | | | § | | | | § | | | | § | | vs. | | § | | | | § | | | | § | | NCDR, LLC d/b/a KOOL SMILES, | | § | | DENTISTRY OF BROWNSVILLE, P.C. | | § | | d/b/a KOOL SMILES, AISHWARYA K. | | § | | CHANDESH, D.D.S., EDWARD HO, | | § | | D.D.S., RICHARD I. MANWARING, | | § | | D.D.S., and MARC D. THOMAS, D.D.S., | | § | | | | § | | | | § | | Defendants. | | § |

STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

Defendants NCDR, L.L.C., Dentistry of Brownsville, P.C., Aishwarya K. Chandesh, D.D.S., Edward Ho, D.D.S., Richard I. Manwaring, D.D.S., and Marc D. Thomas, D.D.S. (hereinafter "Defendants") may disclose certain Confidential Information to the parties in this action pursuant to discovery. Plaintiffs Paula Antu, as Next Friend of , a Minor, et al. ("Plaintiffs") and the Defendants agree to enter into this Stipulated Confidentiality Agreement and Protective Order (hereinafter "Stipulated Protective Order") for the purpose of facilitating and expediting the discovery process and to reduce the Court's time from having to conduct separate hearings on the information sought to be protected. In order to protect their alleged confidential documents, proprietary interests and trade secret information, the Defendants wish to ensure that any such Confidential Information shall not be used for any purpose other than this action and shall not be made public or disseminated by any party or their counsel, except as set forth in this Stipulated Protective Order.

The Defendants assert that all documents, testimony, and/or other items to be produced pursuant to this Stipulated Protective Order contain trade secret, proprietary and/or confidential

*78 information (referred to collectively as "Confidential Information"). Accordingly, the parties stipulate to the following:

For the purposes of this Stipulated Protective Order, "Confidential Information" may include, but is not limited to, information and documentation produced in responses to discovery, the content of electronically stored information, tangible thing, writing, paper, model, photograph, film, videotape, transcript of oral testimony, whether printed, recorded or produced by hand or any other mechanical process. All documents, testimony and other items designated as Confidential Information, and all copies, summaries, and reproductions of such information, are subject to this Stipulated Protective Order.
Whenever the Defendants produce Confidential Information, the Defendants shall designate each page of the document or thing with a label or stamp identifying it as "Confidential" and/or "Produced Pursuant to Protective Order." Inadvertent or unintentional production of documents or information containing Confidential Information that are not designated "Confidential" shall not be deemed a waiver, in whole or in part, of a claim for confidential treatment; however, if Defendants do not designate such documents or things as Confidential Information within 30 days of discovering such inadvertent production, any such claim to confidentiality of said document, information or thing produced shall be deemed waived.
All material which the Defendants designate as Confidential Information in this action shall be maintained in strict confidence by the parties to this action and pursuant to the terms of this Stipulated Protective Order. Plaintiffs shall not disclose or permit to be disclosed Confidential Information to any person or other entity, except to "Qualified Persons" who shall be defined to include: a. Counsel of record for the parties in this action, and employees of such counsel who are engaged in assisting counsel with this action, provided they have first read this Stipulated Protective Order and have agreed to abide by its terms; b. The employee(s) of a corporate party charged with overseeing that party's participation in this action, provided they have first read this Stipulated Protective Order and have agreed to abide by its terms; c. Independent experts and/or consultants, including jury consultants, retained by the parties to this action for the purpose of assisting in the preparation of this case, provided they have first read this Stipulated Protective Order and have agreed to abide by its terms and have signed a written certification in the form attached as "Exhibit A." Counsel for all parties to this action shall maintain such certifications for 6 months following the termination of this Action and will not destroy or alter such material pursuant to any document retention policy or for any other reason

*79 without first providing reasonable notice (no shorter than 30 days) to counsel of record in this case; d. Witnesses who may be shown and questioned about the Confidential Information and whose testimony as well as the information attached or submitted as exhibits, shall remain subject to this Stipulated Protective Order; and e. The court, court personnel, special masters, mediators, other persons appointed by the court in this action, stenographic and other reporters, and videographers pursuant to the provisions of Paragraph 5. 4. Any person who reviews the Confidential Information produced subject to this Stipulated Protective Order agrees to the jurisdiction over their person where the above-captioned matter is pending for the purposes of any action seeking to enforce the terms of this Stipulated Protective Order or any action for contempt for violation of the terms of this Stipulated Protective Order. 5. The parties and their counsel who receive Confidential Information shall act to preserve the confidentiality of designated documents and information. Any party that intends to use or submit any Confidential Information in connection with any pre-trial proceedings or filings shall notify the producing party in writing of its intention to do so at the time of or before filing any related pleadings, motions or other documents, and provide in such notice the Bates numbers or other sufficient description of such Confidential Information as to allow the producing party to identify the Confidential Information. The Confidential Information shall be submitted to the Court in camera in a sealed envelope or other appropriate container labeled as follows: "CONFIDENTIAL -- DOCUMENTS SUBMITTED IN CAMERA" if used as exhibits to any filings in this case or in hearings. 6. If a party disagrees with the "Confidential" designation of a specific document or thing, the parties agree to attempt to meet and confer with one another to resolve the issue. If the parties are unable to resolve the issue, the party that intends to use the Confidential Information shall move for a hearing to obtain a ruling from the Court as to whether the information is entitled to confidential treatment under this Stipulated Protective Order. Until the issue of confidentiality is resolved, either through mutual agreement of the parties or by court intervention, documents designated as Confidential Information shall remain Confidential. 7. Confidential Information may be referred to by a party in notices, motions, briefs or any other pleadings, may be used in depositions, and may be marked as deposition exhibits in this action. No such information shall be used, however, for any of these purposes unless it, or the portion where it is revealed, is appropriately marked and protected from dissemination and, where filing is necessary, it will be done pursuant to the provisions of Paragraph 5.

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If any party wishes to modify this Stipulated Protective Order or its application to certain documents or information, that party shall first request such modification from the party producing the Confidential Information and if no satisfactory agreement is reached, may petition the court for modification. Until modification is granted by agreement and/or Court Order, the terms of this Stipulated Protective Order will govern.
Nothing in this Stipulated Protective Order shall be construed as placing a limit on the use of Confidential Information at trial. However, before trial, the parties will address this issue and determine appropriate safeguards to protect the Confidential Information at trial.
No Confidential Information shall be disseminated to anyone who is a direct competitor of the party producing the Confidential Information or is a current employee of a direct business competitor of the party producing the Confidential Information. This paragraph shall not apply to any retained or consulting experts. However, any retained or consulting experts excluded under this paragraph shall comply with paragraph 3(c). In addition, said expert(s) s hall n ot disclose the Confidential Information to any direct competitor or other person currently or formerly employed by a direct business competitor of the party producing the Confidential Information. 73 'consel phall netion thelontrons exornent by conpusting thasin.
Failure to abide by the term of this Stipulated Protective Order may result in a motion for sanctions, costs, and attorney's fees, and any other appropriate legal action by or on behalf of the Defendants.
This Stipulated Protective Order and/or the Defendants' production of documents, things, or information in this action for inspection, copying, or disclosure to any other party to this action shall not be deemed to waive any claim of attorney-client or work product privilege that might exist with respect to these or any other documents or communications, written or oral, including, without limitation, other communications referred to in any documents which the Defendants may produce.
Within thirty (30) days from the entry of final judgment, settlement, or dismissal in connection with this action, each party to this action shall return to counsel for the Defendants their original copies of all Confidential Information received under this Stipulated Protective Order, together with all reproductions and copies. In addition, all abstracts, summaries, indexes or other writings that contain, reflect, or disclose the substance of the Confidential Information received under this Stipulated Protective Order shall be destroyed by Plaintiffs' counsel within six (6) months from the entry of final judgment, settlement, or dismissal in connection with this action. Each party's counsel will certify by declaration to the Defendants' counsel that this Stipulated Protective Order has been complied with by them and their experts/consultants in the form attached as "Exhibit B."

*81 This Court retains and shall have continuing jurisdiction over the parties and recipients of the Confidential Information and Protected Documents for enforcement of the provisions of this Stipulated Protective Order until compliance with Paragraph 13. This Stipulated Protective Order shall be binding upon the parties and their attorneys, successors, executors, personal representatives, administrators, heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, or other persons or organizations over which they have control.

SIGNED this the day of 2013.

JUDGE PRESIDING

*82

AGREED:

State Bar No. 13238800 Tom Bagby State Bar No. 24059409

Mauze & Bagby, PLLC

2632 Broadway, Suite 401 South San Antonio, Texas 78215 Telephone: (210) 354-3377 Facsimile: (210) 354-3909

Wayne B. Mason State Bar No. 13158950 Alan Vickery State Bar No. 20571650

SEDGWICK LLP

1717 Main Street, Suite 5400 Dallas, Texas 75201-7367 Telephone: (469) 227-8200 Facsimile: (469) 227-8004

*83

EXHIBIT "A"

[ATTACH FULLY EXECTUED STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER TO THIS AFFIDAVIT]

CAUSE NO. C-0184-13-G

| PAULA ANTU, as Next Friend of | § | IN THE DISTRICT COURT OF | | :--: | :--: | :--: | | | a Minor, et | § | | al., | | § | | | | § | | | | § | | Plaintiffs, | | § | | | | § | | vs. | | § | | | | § $370^{th}$ JUDICIAL DISTRICT | | NCDR, LLC d/b/a KOOL SMILES, | | § | | DENTISTRY OF BROWNSVILLE, P.C. | | § | | d/b/a KOOL SMILES, AISHWARYA K. | | § | | CHANDESH, D.D.S., EDWARD HO, | | § | | D.D.S., RICHARD I. MANWARING, | | § | | D.D.S., and MARC D. THOMAS, D.D.S., | | § | | | | § | | | Defendants. | § HIDALGO COUNTY, TEXAS |

DECLARATION OF [INSERT NAME OF DECLARANT] RE STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

STATE OF ) COUNTY OF ) ss. I, , declare under penalty of perjury under (insert name of recipient of the documents) the laws of the [IDENTIFY STATE/United States of America] that the following is true and correct:

My full name and business address are:
I have read and fully understand the attached Stipulated Confidentiality Agreement and Protective Order.
I am fully familiar with and agree to comply with and be bound by the provisions [^0] [^0]: DECLARATION OF INSERT NAME OF DECLARANT] RE STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER - Page 1

*84 of said Stipulated Confidentiality Agreement and Protective Order, and submit to the jurisdiction of the court in which this matter is pending for any proceedings with respect to said Stipulated Confidentiality Agreement and Protective Order.

4, I will not discuss or divulge to persons other than those specifically authorized by this Stipulated Confidentiality Agreement and Protective Order, and will not copy or use, except solely for the purposes of this action and for no other purposes, any documents, materials or information obtained pursuant to said Stipulated Confidentiality Agreement and Protective Order. 5. I will return original copies of all Confidential Information received under this Stipulated Confidentiality Agreement and Protective Order, together with all reproductions and copies of the Confidential Information to counsel that retained me in this case.

EXECUTED this day of , 2013.

Signature of Declarant

Printed Name

*85

EXHIBIT "B"

[ATTACH FULLY EXECUTED STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER TO THIS AFFIDAVIT]

CAUSE NO. C-0184-I3-G

| PAULA ANTU, as Next Friend of | § IN THE DISTRICT COURT OF | | :--: | :--: | | | § | | al., | § | | | § | | Plaintiffs, | § | | | § | | vs. | § | | | § $370^{th}$ JUDICIAL DISTRICT | | NCDR, LLC d/b/a KOOL SMILES, | § | | DENTISTRY OF BROWNSVILLE, P.C. | § | | d/b/a KOOL SMILES, AISHWARYA K. | § | | CHANDESH, D.D.S., EDWARD HO, | § | | D.D.S., RICHARD I. MANWARING, | § | | D.D.S., and MARC D. THOMAS, D.D.S., | § | | | § | | Defendants. | § HIDALGO COUNTY, TEXAS |

DECLARATION OF [INSERT NAME OF DECLARANT] RE STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

STATE OF ) COUNTY OF ) I, , declare under penalty of perjury under (insert name of recipient of the documents) the laws of the [IDENTIFY STATE/United States of America] that the following is true and correct:

I am counsel of record for [name of party]. My full name and business address are: (insert name and address of recipient of the documents)
I am bound by the terms and conditions of the Stipulated Confidentiality Agreement and Protective Order. I acknowledged my consent to be so bound by executing the

*86 attached Stipulated Confidentiality Agreement and Protective Order. 3. Pursuant to Paragraph 12 of the Stipulated Confidentiality Agreement and Protective Order attached hereto, I acknowledge that I am obligated to return original copies of all Confidential Information received under this Stipulated Confidentiality Agreement and Protective Order, together with all reproductions and copies of the Confidential Information within thirty (30) days from the entry of final judgment, settlement, or dismissal in connection with this action. 4. I certify that I have returned original copies of all Confidential Information received under this Stipulated Confidentiality Agreement and Protective Order, together with all reproductions and copies of the Confidential Information to counsel for the Defendants. 5. I certify that I have received all Confidential Information and Documents provided to the experts and consultants hired in this action on behalf of my client(s). I further certify that I have returned such Confidential Information, together with all reproductions and copies of the Confidential Information, to counsel for the Defendants.

EXECUTED this day of , 2013.

Signature of Declarant

Printed Name

*87

In the Judicial Panel on Multidistrict Litigation

In Re Kool Smiles Dental Litigation

Motion for Transfer to Multidistrict Litigation Pretrial Court

SEDGWICK LLP

Wayne B. Mason Texas Bar No. 13158950 wayne.mason@sedgwicklaw.com Alan R. Vickery Texas Bar. No. 20571650 alan.vickery@sedgwicklaw.com Cori C. Steinmann Texas Bar No. 24046908 cori.steinmann@sedgwicklaw.com 1717 Main Street, Suite 5400 Dallas, TX 75201 (469) 227-8200 Telephone (469) 227-8004 Facsimile

ATLAS, HALL & RODRIGUEZ, LLP

Eduardo R. Rodriguez Texas Bar No. 00000080 errodriguez@atlashall.com 50 W. Morrison Road, Suite A Brownsville, TX 78520 Telephone (956) 574-9333 Facsimile (956) 574-9337

Attorneys for Benevis, LLC f/k/a NCDR, LLC, Dentistry of Brownsville, P.C., and Kool Smiles, P.C.

*88

Page TABLE OF CONTENTS ..... i TABLE OF AUTHORITIES ..... ii INTRODUCTION AND FACTUAL BACKGROUND ..... 1 ARGUMENTS AND AUTHORITIES ..... 4 All of the Kool Smiles Cases Involve Common Questions of Fact ..... 5 Transfer of Related Cases will Serve the Convenience of the Parties and Witnesses and Promote the Just and Efficient Conduct of the Cases ..... 7 Plaintiffs Do Not Agree to this Motion ..... 10 CONCLUSION ..... 10 CERTIFICATE OF CONFERENCE ..... 13 CERTIFICATE OF SERVICE ..... 13 CERTIFICATE OF COMPLIANCE ..... 14 APPENDIX ..... 15

*89

TABLE OF AUTHORITIES

Cases

In re Alcon Shareholder Litig., 387 S.W.3d 121, 124 (Tex. M.D.L. Panel 2010) ..... 4,5 In re Champion Indus. Sales, LLC, 398 S.W.3d 812, 819 (Tex. App.-Corpus Christi 2012, orig. proceeding) ..... 7 In re Delta Lloyds Ins. Co. of Houston, 339 S.W.3d 384, 386 (Tex. M.D.L. Panel 2008) ..... 5 In re Hurricane Rita Evacuation Bus Fire, 216 S.W.3d 70, 72 (Tex. M.D.L. Panel 2006) ..... 5 In re Silica Prods. Liab. Litig., 166 S.W.3d 3, 6 (Tex. M.D.L. Panel 2006) ..... 9 In re Standard Guar. Ins. Co., 339 S.W.3d 398, 399-400 (Tex. M.D.L. Panel 2009) ..... 4 Paula Antu as Next Friend of A.N.E., a Minor, et al. v. NCDR, LLC, et al., Cause No. C-0184-13-G, $370^{th}$ District Court ..... $1, 2, 8$ Texas Windstorm Ins. Assoc. Hurricanes Rita & Humberto Litig., 339 S.W.3d 401, 403 (Tex. M.D.L. Panel 2009) ..... 5 Rules Texas Rules of Judicial Administration 13 ..... $1, 4, 10$ Texas Rules of Judicial Administration 13.3(a) ..... 5,10 Texas Rules of Judicial Administration 13.3(a)(3) ..... 10 Texas Rules of Judicial Administration 13.3(l) ..... 4

*90

Statutes

Texas Government Code §§ 74.161-164 ..... 1,4 Texas Government Code § 74.162 ..... 4

*91

NO. 140851

Motion for Transfer to Multidistrict Litigation Pretrial COURT

Benevis LLC, f/k/a NCDR, LLC ("Benevis"), Dentistry of Brownsville, P.C. ("DOB"), and Kool Smiles, P.C. ("KSPC") (collectively, the "Corporate Defendants") respectfully request that the Panel transfer the causes as set forth in the attached Appendix to a pretrial judge, pursuant to Sections 74.161-. 164 of the Texas Government Code and Rule 13 of the Texas Rules of Judicial Administration. I. Introduction and Factual Background

On January 16, 2013, plaintiffs' counsel filed the first of eleven cases (the "Kool Smiles Cases") against the Corporate Defendants and four dentists who treated minor children in Kool Smiles clinics. That case, Antu et al. v. NCDR et al., was assigned to and is currently pending in the $370^{th}$ District Court in Hidalgo County, the honorable Judge Noe Gonzalez presiding.

*92 Ten additional cases have been filed naming the Corporate Defendants. Significant discovery has been conducted in the Antu case and trial is currently set for May 11, 2015. Judge Gonzalez has conducted several pretrial hearings, issued numerous discovery-related rulings, is familiar with the issues involved, and is the only judge to have issued any discovery-related or substantive orders. In all, approximately 170 plaintiffs have filed suit on behalf of 128 minor children in cases pending in two district courts and several county courts at law in Hidalgo County. Plaintiffs' counsel have informed counsel for the defendants that they intend to file dozens of similarly sized suits on behalf of several hundred plaintiffs and their children in various counties in Texas. In all, the Corporate Defendants and the dentists employed or previously employed at Kool Smiles clinics have received presuit notice letters from over 900 patients who were treated in eight counties in Texas.

Each of the pending eleven cases sought to be transferred are dental malpractice cases in which multiple plaintiffs allege that minor children were given improper dental care at Kool Smiles clinics. The petitions in each case contain nearly identical allegations against the treating dentists and contain identical allegations against the Corporate Defendants. The plaintiffs in each of the pending Kool Smiles Cases are represented by Mauze & Bagby, PLLC. In addition, the Law Offices of James Moriarty and The Crosley Law Firm have sent pre-suit notice letters to the Corporate

*93 Defendants and to numerous dentists employed or previously employed at Kool Smiles clinics in various counties across the state of Texas.

All of the defendants in the pending Kool Smiles Cases—including the treating dentists and the Corporate Defendants—are represented by Sedgwick LLP. The lawsuits are virtually identical, with the only differences being the names of the plaintiffs, the names of the minor children, the names of the treating dentists, and the dates of treatment rendered. Each suit alleges identical causes of action against the Corporate Defendants and the treating dentists.

Because all of the allegations against the Corporate Defendants are identical, discovery of information and documents from the Corporate Defendants is likely to be substantially the same in all cases. Likewise, because the allegations against the treating dentists are substantially similar, discovery of information and documents will be similar. Therefore, it is in the interest of efficiency to transfer these cases to a single pretrial court so that the defendants need only respond to discovery once. Moreover, while the plaintiffs' claims in each case present unique questions of fact and law, all of the cases present certain common legal issues that should be decided in a consistent manner by one court. Transfer of these lawsuits to a single pretrial court for consolidated ^[1] and coordinated pretrial proceedings will eliminate duplicative discovery, avoid conflicting legal rulings, conserve judicial resources, be more

*94

convenient for the parties and witnesses, and will otherwise promote the just and efficient conduct of all of the actions.

II. Arguments and Authorities

Pursuant to Rule 13 of the Rules of Judicial Administration and Sections 74.161-164 of the Texas Government Code, this Panel is authorized to transfer "related" cases involving one or more common questions of fact from different trial courts to a single pretrial court, if transferring the cases will 1) serve the convenience of the parties and witnesses and 2) promote the just and efficient conduct of the litigation. Tex. Gov't Code 74.162; Tex. R. Jud. AdMin. 13.3(l). This Panel has consistently ruled that cases with identical allegations that are tied to the conduct of all defendants-like the allegations in all eleven of the Kool Smiles Cases-should be transferred for pretrial proceedings. See, e.g., In re Alcon Shareholder Litig., 387 S.W.3d 121, 124 (Tex. M.D.L. Panel 2010) (ruling that the relatedness requirement is "necessarily" satisfied when cases share "identical allegations of wrongdoing arising out of the same set of facts"); In re Standard Guar. Ins. Co., 339 S.W.3d 398, 399-400 (Tex. M.D.L. Panel 2009) (transferring cases with identical generalized allegations);

*95 In re Delta Lloyds Ins. Co. of Houston, 339 S.W.3d 384, 386 (Tex. M.D.L. Panel 2008) (transferring cases with identical ^[2] allegations). A. All of the Kool Smiles Cases Involve Common Questions of Fact

To transfer cases to a pretrial court, Rule 13 requires that the cases be "related" to one another. TEX. R. JUD. ADMIN. 13.3(a). This means that the cases must "involve one or more common questions of fact." Id. There is no requirement, however, that the cases be "congruent or anything close to it." In re Hurricane Rita Evacuation Bus Fire, 216 S.W.3d 70, 72 (Tex. M.D.L. Panel 2006). Likewise, cases involving "separate and distinct fact patterns" are not necessarily precluded from transfer because they may still be "related." See Texas Windstorm Ins. Assoc. Hurricanes Rita & Humberto Litig., 339 S.W.3d 401, 403 (Tex. M.D.L. Panel 2009) (transferring cases with identical generalized allegations, despite having "forty-two separate and distinct fact patterns").

Each of the Kool Smiles cases involves one or more common questions of fact because the plaintiffs in each case allege identical facts against the Corporate Defendants and allege identical causes of action against all defendants. Similarly, the

*96 nature of the allegations asserted against the treating dentists are nearly identical in each case, with the only substantive differences being the names of the plaintiffs and minor children, the names of the treating dentists, and the dates on which the minors were treated. In response, the treating dentists and Corporate Defendants assert identical defenses in all eleven cases.

The plaintiffs in each case allege that a similar set of operative facts gave rise to the various causes of action for which they brought suit. Specifically, each plaintiff in every case alleges that

Benevis is engaged in the unlicensed practice of dentistry;
Benevis manages, operates, and controls the Kool Smiles clinics at which the plaintiffs' minor children received treatment-such acts constituting negligence;
DOB and KSPC were negligent in their training and supervision of the treating dentists;
DOB and KSPC engaged in conduct constituting a civil conspiracy;
The Corporate Defendants entered into and operated a joint enterprise to generate and share revenue from the dental procedures performed at Kool Smiles clinics;
The treating dentists provided negligent treatment to the minor children on whose behalf the suits were filed; and
Each of the treating dentists committed fraud by making "material misrepresentations" regarding the diagnosis and treatment of the minor children.

Discovery on these issues will likely involve similar documents and testimony from common fact witnesses and corporate representatives, especially with respect to the extent to which the Corporate Defendants played a role in the treatment of the

*97 children. In fact, the plaintiffs have served and the defendants have responded to extensive discovery requests on each of the points above; without coordination of discovery, the Corporate Defendants and treating dentists will likely be subjected to duplicative and extremely expensive and burdensome discovery demands. Because each case involves identical or similar allegations with respect to several questions of fact, the Kool Smiles Cases are clearly "related." B. Transfer of Related Cases will Serve the Convenience of the Parties and Witnesses and Promote the Just and Efficient Conduct of the Cases

The goal of transfer to a pretrial court is to eliminate duplicative discovery, minimize demands on witnesses, prevent inconsistent decisions of common issues, and lessen unnecessary travel. In re Champion Indus. Sales, LLC, 398 S.W.3d 812, 819 (Tex. App.—Corpus Christi 2012, orig. proceeding). As set forth below, transferring the Kool Smiles Cases will achieve each of those goals for several parties and witnesses.

If the cases are transferred, the pretrial judge will be able to eliminate duplicative discovery by issuing a consistent and comprehensive ruling on written discovery and depositions. Consolidating and coordinating all pretrial matters will enable the parties to reduce or eliminate duplicative depositions. Additionally, the pretrial court can establish a master scheduling order, a document depository, and a single protective order, all of which will contribute to the efficiency of the litigation as

*98 a whole. If so inclined, the pretrial court could also rule on objections to expert witnesses and implement other procedures to ensure that pretrial matters run consistently and efficiently. Plaintiffs in every case would benefit from having access to all of the master discovery.

Many witnesses with knowledge of facts relevant to plaintiffs' allegations against the Corporate Defendants live out of state. Therefore, without pretrial coordination, the travel demands could be extensive on both sets of lawyers-who reside in Texas—and potentially for the witnesses as well. In the Antu case, for instance, the plaintiffs have noticed depositions of four out of state witnesses. Because the plaintiffs' allegations against the Corporate Defendants are identical, the potential exists for those witnesses to be deposed in every case, which could mean that the parties could be required to travel out of state hundreds of times sans discovery limitations. Allowing one court to craft appropriate discovery limitations eliminates the potential for unnecessary duplication of discovery and satisfies the goals of establishing a pretrial court.

Moreover, transfer of the Kool Smiles Cases will promote the just and efficient handling of each existing and subsequent case. The voluminous discovery that may be propounded in each action, and the motion practice which accompanies it, has the potential to strain judicial resources and crowd the dockets of the court in which they are filed. Transfer to a single pretrial court would help minimize the potential for

*99 problems and would save judicial resources by preventing duplicative discovery and resolving disputes a single time in a single forum. Additionally, the pretrial court can devote substantially more time to each case, as they are less likely to simply become "one of many cases on a crowded docket competing for attention." In re Silica Prods. Liab. Litig., 166 S.W.3d 3, 6 (Tex. M.D.L. Panel 2006).

Finally, transfer to one pretrial court ensures that all pretrial issues will be decided consistently, promoting the just handling of each case. Without consistent rulings, the parties may not be on equal footing and inequitable results may occur if one judge rules one way and another judge rules another way on the same matter. In addition, consistent rulings "promote agreements because lawyers will know where the court stands on recurring issues." Id.

Consistent rulings are extremely important in the Kool Smiles Cases because of the specific allegations made by the plaintiffs. As noted above, the plaintiffs seek to hold the Corporate Defendants liable for practicing dentistry without a license. Their petitions attempt to couch common malpractice and negligence claims as violations of the licensing portions of the Texas Dental Practice Act-which provides no private cause of action. How a court rules on this issue directly impacts the scope of discovery and the potential for resolving the cases, at least in part, on summary judgment. If transferred to a single pretrial court, the rulings made on this issue would greatly impact the just handling of each case and promote agreements between the

*100 lawyers for each side. Most importantly, having a consistent ruling on the issue of whether plaintiffs can assert a private cause of action for alleged violations of the Texas Dental Practices Act would prevent the potential for inequitable results arising from inconsistent rulings from one court to the next. C. Plaintiffs Do Not Agree to this Motion

Pursuant to Rule 13.3(a), this certifies that counsel for movants conferred with counsel for plaintiffs' in the causes, as set forth in the Appendix, and plaintiffs in the Kool Smiles Cases do not agree to this motion. See Tex. R. Jud. Admin. 13.3(a)(3). In addition, the defendant dentists in each of the pending cases, as identified in the Appendix, agree to this motion. III. Conclusion

The goals of Rule 13 would be met by transferring the Kool Smiles Cases to a single court for pretrial matters. Transferring these related cases would eliminate duplicative and repetitive discovery, minimize conflicting demands on witnesses, prevent inconsistent decisions on common issues, reduce unnecessary travel, and intelligently allocate finite judicial resources.

WHEREFORE, Defendants Benevis, LLC f/k/a NCDR, LLC, Dentistry of Brownsville, P.C., and Kool Smiles, P.C. respectfully request the Panel to issue an

*101 Order transferring the causes listed in the attached Appendix to a pretrial court for coordination.

*102

Respectfully submitted,

BENEVIS, LLC, F/K/A NCDR, LLC, DENTISTRY OF BROWNSVILLE, P.C., AND KOOL SMILES, P.C.

By: /s/ Wayne B. Mason SEDGWICK LLP Wayne B. Mason Texas Bar No. 13158950 wayne.mason@sedgwicklaw.com Alan R. Vickery Texas Bar. No. 20571650 alan.vickery@sedgwicklaw.com Cori C. Steinmann Texas Bar No. 24046908 cori.steinmann@sedgwicklaw.com 1717 Main Street, Suite 5400 Dallas, TX 75201 (469) 227-8200 Telephone (469) 227-8004 Facsimile

ATLAS, HALL & RODRIGUEZ, LLP Eduardo R. Rodriguez Texas Bar No. 00000080 errodriguez@atlashall.com 50 W. Morrison Road, Suite A Brownsville, TX 78520 Telephone (956) 574-9333 Facsimile (956) 574-9337

ATTORNEYS FOR DEFENDANTS BENEVIS, LLC F/K/A NCDR, LLC, DENTISTRY OF BROWNSVILLE, P.C., AND KOOL SMILES, P.C.

*103

CERTIFICATE OF CONFERENCE

I hereby certify that on Friday, October 17, counsel for movants conferred with counsel for plaintiffs in all cases for which transfer is sought, at which time Plaintiffs' counsel indicated that plaintiffs are opposed to same.

./s/ Alan R. Vickery
ALAN R. VICKERY

CERTIFICATE OF SERVICE

I certify that on the $17^{th}$ day of October, 2014, a true and correct copy of this Motion for Transfer to Multidistrict Litigation Pretrial Court, together with this proof of service, was duly filed with the Clerk of the Supreme Court of Texas through eFile.TXCourts.gov; was served upon all counsel for parties in the cases listed in the Appendix attached hereto, as required by Rules 13.3(f) and (h) of the Texas Rules of Judicial Administration; and upon receipt of the cause number in this matter filed with the Judicial Panel on Multidistrict Litigation, the Motion for Transfer to Multidistrict Litigation Pretrial Court will be served upon each trial court identified in the cases listed in the Appendix, as required by Rule 13.3(i) of the Texas Rules of Judicial Administration.

*104

CERTIFICATE OF COMPLIANCE

I hereby certify that Defendant's Motion for Transfer to Multidistrict Litigation Pretrial Court complies with the word limit of Rule 9.4(i)(2)(d) because it contains 2,172 words, excluding the parts of the motion exempted by the rule.

/s/ Alan R. Vickery
ALAN R. VICKERY

*105

NO. 14-

APPENDIX

Alanis et al. v. NCDR et al., Cause No. CL-14-3575-H, pending in the County Court at Law No. 8, Hidalgo County, Texas
Alanis et al. v. NCDR et al., Cause No. CL-14-3574-D, pending in the County Court at Law No. 4, Hidalgo County, Texas
Alanis et al. v. NCDR et al., Cause No. CL-14-3576-B, pending in the County Court at Law No. 2, Hidalgo County, Texas
Alaniz et al v. NCDR et al., Cause No. CL-14-3570-F, pending in the County Court at Law No. 6, Hidalgo County, Texas
Antu et al. v. NCDR et al., Cause No. C-0184-13-G, pending in the $370^{th}$ District Court, Hidalgo County, Texas
Aparicio et al. v. NCDR et al., Cause No. CL-14-3567-D, pending in the County Court at Law No. 4, Hidalgo County, Texas
Aranda et al. v. NCDR et al., Cause No. CL-14-3560-A, pending in the County Court at Law No. 1, Hidalgo County, Texas

*106

Armendariz et al. v. NCDR et al., Cause No. CL-14-3572, pending in the County Court at Law No. 8, Hidalgo County, Texas
Arroyo et al. v. NCDR et al., Cause No. CL-14-3569-D, pending in the County Court at Law No. 4, Hidalgo County, Texas
Cantu et al. v. NCDR et al., Cause No. C-5976-14-D, pending in the $206^{th}$ District Court, Hidalgo County, Texas
De La Rosa et al. v. NCDR et al., Cause No. CL-14-3563-D, pending in the County Court at Law No. 4

Counsel for plaintiffs in the above-referenced causes:

George W. Mauze, II Texas Bar No. 13238800 Tom Bagby Texas Bar No. 24059409 Mauze & Bagby, PLLC 2632 Broadway, Suite 401 South San Antonio, TX 78215 (210) 354-3377 Telephone (210) 354-3909 Facsimile gmauze@mauzelawfirm.com tbagby@mauzebagbylaw.com R. D. "Bobby" Guerra

Texas Bar No. 08578640 Guerra, Leeds, Sabo & Hernandez, PLLC 10213 N. $10^{th}$ Street McAllen, TX 78504 (956) 383-4300 Telephone (956) 383-4304 Facsimile rdguerra@wglawfirm.com

*107

ORDER OF MULTIDISTRICT LITIGATION PANEL

Order Pronounced March 25, 2015

APPOINTMENT OF PRETRIAL JUDGE IN THE FOLLOWING MULTIDISTRICT LITIGATION CASE:

14-0851 IN RE KOOL SMILES DENTAL LITIGATION

The Motion for Transfer, filed by Benevis LLC, f/k/a NCDR, LLC, is granted. Pursuant to Rule 13 of the Texas Rules of Judicial Administration, the cases listed in the Appendix of the Motion for Transfer and all tag-along cases, if any, are transferred to Judge Noe Gonzalez of the $370^{th}$ District Court of Hidalgo County.

Chief Justice McClure delivered the opinion of the MDL Panel.

*108

CAUSE NO. C-0184-13-G

PLAINTIFFS' MOTION TO AMEND CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER OR, ALTERNATIVELY, MOTION FOR SANCTIONS OR, ALTERNATIVELY, FOR DETERMINATION OF CONFIDENTIALITY

TO THE HONORABLE NOE GONZALEZ, JUDGE PRESIDING: COME NOW Plaintiffs PAULA ANTU AS NEXT FRIEND OF A MINOR; SCARLETT AYALA AS NEXT FRIEND OF A MINOR; GUADALUPE CEPEDA AS NEXT FRIEND OF A MINOR; ANA LAURA CORNEJO AS NEXT FRIEND OF A MINOR; MARIO CUELLAR AND PRISCILLA TRUJILLO AS NEXT FRIENDS OF A MINOR; MARIA GAYTÁN AS NEXT FRIEND OF

A MINOR; ELIZABETH GONZALEZ AND MARCO REYES AS NEXT FRIENDS OF A MINOR; FRANCISCA GUZMAN AS NEXT FRIEND OF A MINOR; ISMAEL MALDONADO AND ISABEL MALDONADO AS NEXT FRIENDS OF A MINOR; FREISI OLIVAR AS NEXT FRIEND OF A MINOR; MARY ROSALES AS NEXT FRIEND OF A MINOR; AND REYNOL SALINAS AS NEXT FRIEND OF

A MINOR, (hereinafter collectively referred to as "Plaintiffs") and file this, Plaintiffs' Motion To Amend Confidentiality Agreement And Protective Order Or, Alternatively, Motion

*109

For Sanctions Or, Alternatively, For Determination Of Confidentiality. In support of same, Plaintiffs would show unto this Honorable Court as follows:

I.
PROCEDURAL HISTORY

On June 11, 2013, the parties agreed to, and the Court entered, a Stipulated Confidentiality Agreement and Protective Order (the "Protective Order"). A copy of the Protective Order is attached hereto as Exhibit "A". Pursuant to said order, Defendants Dentistry of Brownsville, P.C. d/b/a Kool Smiles, NCDR, LLC d/b/a Kool Smiles and Kool Smiles, P.C. d/b/a Kool Smiles (hereinafter together referred to as "Defendants") were permitted to designate documents produced as either "Confidential" and/or "Produced Pursuant to Protective Order" if said documents contain trade secret, proprietary, and/or confidential information (hereinafter referred to as "Confidential Information"). The Order provides that if the "Confidential" designation is contested, then the parties should attempt to confer and, if the matter is not resolved, then Plaintiffs shall move for a hearing to determine confidentiality.

In response to Plaintiffs' requests for production, several agreements reached after conferring, and several hearings and Court orders compelling discovery, Defendants have produced approximately 477,964 pages of responsive documents. Defendants have designated the overwhelming majority of said documents as "Confidential" although the documents clearly do not contain trade secret, proprietary, and/or confidential information. Defendants designated blank pages, fully redacted pages, public medical articles, government regulations, and documents publically disseminated as "Confidential".

*110

From the inception of this lawsuit, Defendants have delayed and obstructed the discovery process. Defendants failed to produce documents in violation of a Court order ^[1] , unilaterally redacted documents ordered produced by the Court, failed to produce complete copies of responsive documents, and failed to segregate and identify documents responsive to specific requests for production. Defendants disregard for Court orders and the Texas Rules of Civil Procedure have resulted in several motions to compel discovery which necessitated this Court's intervention ^[2] .

II.
ABUSE OF THE DISCOVERY PROCESS

Texas Rule of Civil Procedure 215.2 states that a failure to obey an order is an abuse of the discovery process. Texas Rule of Civil Procedure 215.3 states that any discovery response that is unreasonably frivolous or made for purposes of delay is also an abuse of the discovery process. Here, Defendants designated thousands of responsive documents as "Confidential" asserting that they contain trade secret, proprietary, and/or confidential information despite that the designated documents clearly do not contain Confidential Information. By way of example, and attached hereto as Exhibit "B" are blank pages and fully redacted documents that Defendants have represented contain Confidential Information. Moreover, attached as Exhibit "C" are the following public documents that Defendants have marked as containing Confidential Information: (1) Texas State Board of Dental Examiners Rules and Regulations;

*111

(2) The Department of Health and Human Services Guidelines for Infection Control in Dental Healthcare Settings - 2003; and (3) The American Academy of Pediatric Dentistry's Guideline on Carries-risk Assessment and Management for Infants, Children, and Adolescents. The aforementioned public documents that Defendants have represented contain Confidential Information are but a small sample of documents prepared for, and written by, persons other than Defendants. Further, attached as Exhibit "D" are publically disseminated documents that the Defendants have designated as confidential. Said documents have been designated as containing Confidential Information despite Defendants making the same documents available to the public. Defendants have failed to comply with the Protective Order by erroneously and frivolously designating documents as containing Confidential Information.

In addition, upon information and belief, Defendants have shared many of the documents that have been marked as containing Confidential Information with many different non-defendant entities and persons. Therefore, any document that has been shared and provided among and between a multitude of entities and persons, outside a confidentiality agreement, should not be afforded the privilege of being considered Confidential Information.

Defendants' frivolous designations of confidentiality are a clear abuse of the discovery process pursuant to Texas Rules of Civil Procedure 2152 and 2153.

III. THREE REMEDIES

There are three remedies available to address and resolve this issue. First, this Court could amend the Protective Order to provide that the Protective Order and designation of

*112

"Confidential Information" does not apply to any litigation against Defendants (there are 10 lawsuits filed against Defendants in Hidalgo County) or litigation against plaintiffs' attorneys filed by any of the Defendants (Case No. 5:12 - CV - 36 filed in the United States District Court for the Southern District of Texas, Laredo Division). Second, this Court could overrule all of Defendants' designations of "Confidential Information" as an abuse of discovery. Third, this Court could take on the overwhelming burden of inspecting each and every document designated as "Confidential Information" and determine whether such designation is appropriate.

IV.
ARGUMENTS & AUTHORITIES

The purpose of sanctions is to secure compliance with the rules, to deter future violation of the rules, and to punish parties that violate the rules. Chrysler Corp. v. Blackmon, 841 S.W.2d 844, 849 (Tex. 1992). When considering sanctions, a court should ensure that the punishment fits the crime. TransAmerican Nat. Gas Corp. v. Powell, 811 S.W.2d 913, 917 (Tex. 1991). When a court decides to sanction, the sanctions must have a direct relationship to the offensive conduct, measured by a direct nexus among the conduct, the offender, and the sanctions imposed. Am. Flood Research, Inc. v. Jones, 192 S.W.3d 581, 583 (Tex. 2006); Spohn Hosp. v. Mayer, 104 S.W.3d 878, 882 (Tex. 2003); TransAmerican, 811 S.W.2d at 917. A court must not impose sanctions more severe than necessary to promote full compliance with the rules. Am. Flood, 192 S.W.3d at 583; Spohn Hosp., 104 S.W.3d at 882; Chrysler Corp., 841 S.W.2d at 849 .

Per the Protective Order, in order for Plaintiffs to challenge Defendants designation of confidentiality, the Court must rule on whether the information that Defendants have marked

*113

as Confidential Information is entitled to confidential treatment under the Protective Order. Due to Defendants blatant abuse of the discovery process by designating nearly every responsive document as containing "Confidential Information", the Defendants have subjected the Court and Plaintiffs to an undue burden and have clearly abused the discovery process. Moreover, Defendants' erroneous designations of confidentiality are unreasonably frivolous, oppressive, harassing, and made for purposes of delaying this litigation. Based on the foregoing, and pursuant to Texas Rules of Civil Procedure 215.2 and 215.3, Plaintiffs ask the Court to impose sanctions against Defendants by overruling all of Defendants' designations of confidentiality and ordering that the documents already produced by Defendants in response to Plaintiffs' requests for production are not subject to the Protective Order. These sanctions are justified because there is a direct relationship between Defendants' conduct and this request for sanctions. These sanctions are no more severe than necessary. Alternatively, Due to Defendants' repeated abuse of the discovery process, and rather than being forced to rule on numerous erroneous designations of confidentiality, this Court should overrule all of Defendants confidential designations.

V.
CONCLUSION

The discovery process is intended to allow the orderly and efficient production of relevant documents so that disputes may be fairly resolved based upon the facts. Defendants have repeatedly, for over two years, obstructed the discovery process. Trial Courts are empowered with the authority to sanction a party for abusing the discovery process for failure to comply with an order and/or in making or resisting discovery. Defendants have again abused the discovery process by designating nearly all of their responsive documents as containing

*114

Confidential Information. Plaintiffs seek this Court's intervention to address this discovery abuse.

VI.
CERTIFICATE OF CONFERENCE

Plaintiffs' provided Defendants' counsel with a copy of a similar motion in an attempt to confer regarding Defendants erroneous designations of confidentiality prior to the filing of this motion. Counsel to the parties attempted to confer regarding the same but were unable to reach an agreement. A copy of the written response of Defendants is attached hereto as Exhibit "E"

VII.
PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully request a hearing on this motion and pray that the Court enter an order granting Plaintiffs' Motion to Amend Confidentiality Agreement and Protective Order or, Alternatively Motion For Sanctions, Or Alternatively, For Determination of Confidentiality and for such other and further relief to which Plaintiffs may be deemed entitled.

Respectfully submitted, MAUZÉ & BAGBY, PLLC 2632 Broadway, Suite 401 South San Antonio, Texas 78215 Telephone: 210.354 .3377 Telecopier: 210.354 .3909

George W. Mofée, II State Bar No. 13238800 Tom Bagby State Bar No. 24059409

*115

GUERRA, LEEDS, SABO & HERNANDEZ, PLLC 10213 N. 10th St. McAllen, Texas 78504 Telephone: 956.3834300 Telecopier: 956.383 .4304

By: R.D. "Bobby" Guerra State Bar No. 08578640

ATTORNEYS FOR PLAINTIFFS

FIAT

The foregoing Plaintiffs' Motion to Amend Confidentiality Agreement and Protective Order or, Alternatively, Motion For Sanctions, Or Alternatively, For Determination of Confidentiality, having been presented to me and a request for hearing made therein, is hereby set for hearing at 8:00 a.m. on the day of December, 2014, in the $370^{th}$ Judicial District Court, Hidalgo County Courthouse, Edindburg, Texas.

SIGNED AND ENTERED on this day of November, 2014.

HONORABLE NOE GONZALEZ, JUDGE PRESIDING

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of Plaintiffs' Motion to Amend Confidentiality Agreement and Protective Order or, Alternatively Motion For Sanctions, Or Alternatively, For Determination of Confidentiality has been sent by via fax and certified mail, return receipt requested, to Mr. Wayne B. Mason, Esq., Mr. Alan Vickery, Esq., & Ms. Cori C. Steinmann, Esq., Sedgwick LLP, 1717 Main Street, Suite 5400, Dallas, Texas 75201-7367, and

*116 Mr. Eduardo R. Rodriguez, Esq., Atlas, Hall & Rodriguez, L.L.P., 50 W. Morrison Road, Suite A, Brownsville, TX 78520 on this / / /day of November, 2014.

*117

CAUSE NO. C-0184-13-G

STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

Defendants NCDR, L.L.C., Dentistry of Brownsville, P.C., Aishwarya K. Chandesh, D.D.S., Edward Ho, D.D.S., Richard I. Manwering, D.D.S., and Marc D. Thomas, D.D.S. (hereinafter "Defendants") may disclose certain Confidential Information to the parties in this action pursuant to discovery. Plaintiffs Paula Antu, as Next Friend of a Minor, et al. ("Plaintiffs") and the Defendants agree to enter into this Stipulated Confidentiality Agreement and Protective Order (hereinafter "Stipulated Protective Order") for the purpose of facilitating and expediting the discovery process and to reduce the Court's time from having to conduct separate hearings on the information sought to be protected. In order to protect their alleged confidential documents, proprietary interests and trade secret information, the Defendants wish to ensure that any such Confidential Information shall not be used for any purpose other than this action and shall not be made public or disseminated by any party or their counsel, except as set forth in this Stipulated Protective Order.

The Defendants assert that all documents, testimony, and/or other items to be produced pursuant to this Stipulated Protective Order contain trade secret, proprietary and/or confidential

*118 information (referred to collectively as "Confidential Information"). Accordingly, the parties stipulate to the following:

For the purposes of this Stipulated Protective Order, "Confidential Information" may include, but is not limited to, information and documentation produced in responses to discovery, the content of electronically stored information, tangible thing, writing, paper, model, photograph, film, videotape, transcript of oral testimony, whether printed, recorded or produced by hand or any other mechanical process. All documents, testimony and other items designated as Confidential Information, and all copies, summaries, and reproductions of such information, are subject to this Stipulated Protective Order.

2, Whenever the Defendants produce Confidential Information, the Defendants shall designate each page of the document or thing with a label or stamp identifying it as "Confidential" and/or "Produced Pursuant to Protective Order." Inadvertent or unintentional production of documents or information containing Confidential Information that are not designated "Confidential" shall not be deemed a waiver, in whole or in part, of a claim for confidential treatment; however, if Defendants do not designate such documents or things as Confidential Information within 30 days of discovering such inadvertent production, any such claim to confidentiality of said document, information or thing produced shall be deemed waived.

All material which the Defendants designate as Confidential Information in this action shall be maintained in strict confidence by the parties to this action and pursuant to the terms of this Stipulated Protective Order. Plaintiffs shall not disclose or permit to be disclosed Confidential Information to any person or other entity, except to "Qualified Persons" who shall be defined to include:

a. Counsel of record for the parties in this action, and employees of such counsel who are engaged in assisting counsel with this action, provided they have first read this Stipulated Protective Order and have agreed to abide by its terms; b. The employee(s) of a corporate party charged with overseeing that party's participation in this action, provided they have first read this Stipulated Protective Order and have agreed to abide by its terms; c. Independent experts and/or consultants, including jury consultants, retained by the parties to this action for the purpose of assisting in the preparation of this case, provided they have first read this Stipulated Protective Order and have agreed to abide by its terms and have signed a written certification in the form attached as "Exhibit A." Counsel for all parties to this action shall maintain such certifications for 6 months following the termination of this Action and will not destroy or alter such material pursuant to any document retention policy or for any other reason

*119 without first providing reasonable notice (no shorter than 30 days) to counsel of record in this case; d. Witnesses who may be shown and questioned about the Confidential Information and whose testimony as well as the information attached or submitted as exhibits, shall remain subject to this Stipulated Protective Order; and e. The court, court personnel, special masters, mediators, other persons appointed by the court in this action, stenographic and other reporters, and videographers pursuant to the provisions of Paragraph 5. 4. Any person who reviews the Confidential Information produced subject to this Stipulated Protective Order agrees to the jurisdiction over their person where the above-captioned matter is pending for the purposes of any action seeking to enforce the terms of this Stipulated Protective Order or any action for contempt for violation of the terms of this Stipulated Protective Order. 5. The parties and their counsel who receive Confidential Information shall act to preserve the confidentiality of designated documents and information. Any party that intends to use or submit any Confidential Information in connection with any pre-trial proceedings or filings shall notify the producing party in writing of its intention to do so at the time of or before filing any related pleadings, motions or other documents, and provide in such notice the Bates numbers or other sufficient description of such Confidential Information as to allow the producing party to identify the Confidential Information. The Confidential Information shall be submitted to the Court in camera in a sealed envelope or other appropriate container labeled as follows: "CONFIDENTIAL - DOCUMENTS SUBMITTED IN CAMERA" if used as exhibits to any filings in this case or in hearings. 6. If a party disagrees with the "Confidential" designation of a specific document or thing, the parties agree to attempt to meet and confer with one another to resolve the issue. If the parties are unable to resolve the issue, the party that intends to use the Confidential Information shall move for a hearing to obtain a ruling from the Court as to whether the information is entitled to confidential treatment under this Stipulated Protective Order. Until the issue of confidentiality is resolved, either through mutual agreement of the parties or by court intervention, documents designated as Confidential Information shall remain Confidential. 7. Confidential Information may be referred to by a party in notices, motions, briefs or any other pleadings, may be used in depositions, and may be marked as deposition exhibits in this action. No such information shall be used, however, for any of these purposes unless it, or the portion where it is revealed, is appropriately marked and protected from dissemination and, where filing is necessary, it will be done pursuant to the provisions of Paragraph 5.

*120

If any party wishes to modify this Stipulated Protective Order or its application to certain documents or information, that party shall first request such modification from the party producing the Confidential Information and if no satisfactory agreement is reached, may petition the court for modification. Until modification is granted by agreement and/or Court Order, the terms of this Stipulated Protective Order will govern.
Nothing in this Stipulated Protective Order shall be construed as placing a limit on the use of Confidential Information at trial. However, before trial, the parties will address this issue and determine appropriate safeguards to protect the Confidential Information at trial.
No Confidential Information shall be disseminated to anyone who is a direct competitor of the party producing the Confidential Information or is a current employee of a direct business competitor of the party producing the Confidential Information. This paragraph shall not apply to any retained or consulting experts. However, any retained or consulting experts excluded under this paragraph shall comply with paragraph 3(c). In addition, said expert(s) a hall not disclose the Confidential Information to any direct competitor or other person currently or formerly employed by a direct business competitor of the party producing the Confidential Information. If a 'counsel of thet neture for thetention esmenter by compering esperits.
Failure to abide by the tems of this Stipulated Protective Order may result in a motion for sanctions, costs, and attomey's fees, and any other appropriate legal action by or on behalf of the Defendants.
This Stipulated Protective Order and/or the Defendants' production of documents, things, or information in this action for inspection, copying, or disclosure to any other party to this action shall not be deemed to waive any claim of attomey-client or work product privilege that might exist with respect to these or any other documents or communications, written or oral, including, without limitation, other communications referred to in any documents which the Defendants may produce.
Within thirty (30) days from the entry of final judgment, settlement, or dismissal in connection with this action, each party to this action shall return to counsel for the Defendants their original copies of all Confidential Information received under this Stipulated Protective Order, together with all reproductions and copies. In addition, all abstracts, summaries, indexes or other writings that contain, reflect, or disclose the substance of the Confidential Information received under this Stipulated Protective Order shall be destroyed by Plaintiffs' counsel within six (6) months from the entry of final judgment, settlement, or dismissal in connection with this action. Each party's counsel will certify by declaration to the Defendants' counsel that this Stipulated Protective Order has been complied with by them and their experts/consultants in the form attached as "Exhibit B."

*121 This Court retains and shall have continuing jurisdiction over the parties and recipients of the Confidential Information and Protected Documents for enforcement of the provisions of this Stipulated Protective Order until compliance with Paragraph 13. This Stipulated Protective Order shall be binding upon the parties and their attomeys, successors, executors, personal representatives, administrators, heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, or other persons or organizations over which they have control.

*122

AGREED:

George W. Manze, W/ State Bar No. 13238800 Tom Bagby State Bar No. 24059409

Manze & Bagby, PLLC

2632 Broadway, Suite 401 South San Antonio, Texas 78215 Telephone: (210) 354-3377 Facsimile: (210) 354-3909

Wayne B. Mason State Bar No. 13158950 Alan Vickery State Bar No. 20571650

SEDGWICK LLP

1717 Main Street, Suite 5400 Dallas, Texas 75201-7367 Telephone: (469) 227-8200 Facsimile: (469) 227-8004

*123

EXHIBIT "A"

[ATTACH FULLY EXECTUED STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER TO THIS AFFIDAVIT]

CAUSE NO. C-0184-13-G

| PAULA ANTU, as Next Friend of | 8 | IN THE DISTRICT COURT OF | | :--: | :--: | :--: | | | a Minor, et | 8 | | al., | | 8 | | | | 8 | | | Plaintiffs, | 8 | | | | 8 | | vs. | | 8 | | | | 370 JJJICIAL DISTRICT | | NCDR, LLC d/b/a KOOL SMILES, | | 8 | | DENTISTRY OF BROWNSVILLE, P.C. | | 8 | | d/b/a KOOL SMILES, AISHWARYA K. | | 8 | | CHANDESH, D.D.S., EDWARD HO, | | 8 | | D.D.S., RICHARD I. MANWARING, | | 8 | | D.D.S., and MARC D. THOMAS, D.D.S., | | 8 | | | | 8 | | | Defendants. | 8 HIDALGO COUNTY, TEXAS |

DECLARATION OF IINSERT NAME OF DECLARANTI RE STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

STATE OF ) COUNTY OF ) ss. 1, , declare under penalty of perjury under (insert name of recipient of the documents) the laws of the [IDENTIFY STATE/United States of America] that the following is true and correct:

My full name and business address are:
I have read and fully understand the attached Stipulated Confidentiality Agreement and Protective Order.
I am fully familiar with and agree to comply with and be bound by the provisions [^0] [^0]: DECLARATION OF IINSERT NAME OF DECLARANTI RE STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER - Page I

*124 of said Stipulated Confidentiality Agreement and Protective Order, and submit to the jurisdiction of the court in which this matter is pending for any proceedings with respect to said Stipulated Confidentiality Agreement and Protective Order.

I will return original copies of all Confidential Information received under this Stipulated Confidentiality Agreement and Protective Order, together with all reproductions and copies of the Confidential Information to counsel that retained me in this case.

EXECUTED this day of , 2013.

Signature of Declarant

Printed Name

*125 EXHIBIT "B" [ATTACH FULLY EXECUTED STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER TO THIS AFFIDAVIT]

CAUSE NO. C-0184-13-G

*126 attached Silpulated Confidentiality Agreement and Protective Order. 3. Pursuant to Paragraph 12 of the Stipulated Confidentiality Agreement and Protective Order attached hereto, I acknowledge that I am obligated to return original copies of all Confidential Information received under this Stipulated Confidentiality Agreement and Protective Order, together with all reproductions and copies of the Confidential Information within thirty (30) days from the entry of final judgment, settlement, or dismissal in connection with this action. 4. I certify that I have returned original copies of all Confidential Information received under this Stipulated Confidentiality Agreement and Protective Order, together with all reproductions and copies of the Confidential Information to counsel for the Defendants. 5. I certify that I have received all Confidential Information and Documents provided to the experts and consultants hired in this action on behalf of my client(a). I further certify that I have returned such Confidential Information, together with all reproductions and copies of the Confidential Information, to counsel for the Defendants.

EXECUTED this day of , 2013.

Signature of Declarant

Printed Name

*127

PLAINTIFF'S EXHIBIT

*128 Nov. 17. 2014 4:49PM No. 3804 P. $23 / 42$

*129

*130

*131

*132

*133 Nov. 17. 2014 4:50PM No. 3904 P. 20/42

*134 Nov. 17. 2014 4:50PM No. 3804 P. $29 / 42$

*135

TEXAS STATE BOARD OF DENTAL EXAMINERS

RULES AND REGULATIONS

(November 2005)

TEXAS STATE BOARD OF DENTAL EXAMINERS
333 GUADALUPE, TOWER 3, SUITE 800
AUSTIN, TEXAS 78701
TELEPHONE: (512) 463-6400
FAX: (512) 463-7452
E-MAIL: information@tsbde.state.tx.us
WERSITE: www.tsbde.state.tx.us
HPC HOTLINE: 1-800-821-3205

*136 Confidential Pursuant to the Protective Order

*137

Guideline on Caries-risk Assessment and Management for Infants, Children, and Adolescents
Originating Council
Council on Clinical Affairs
Review Council
Council on Clinical Affaira
Adopted
2002
Revised
2008, 2010

Purpose

The American Academy of Pediatric Dentistry (AAPD) recognizes that carles risk assessment and management protocols can assist clinicians with decisions regarding treatment based upon caries risk and patient compliance and are essential elements of contemporary clinical care for infants, children, and adolescents. This guideline is intended to educate healthcare providers and other interested parties on the assessment of caries risk in contemporary pediatric dentistry and aid in clinical decision making regarding diagnostic, fluoride, dietary, and restorative protocols.

Methods

This guideline is an update of AAPD's "Policy on Use of a Caries-risk Assessment Tool (CAT) for Infants, Children, and Adolescents, Revised 2006" that includes the additional concepts of dental caries management protocols. The update used electronic and hand searches of English written articles in the medical and dental literature within the last 10 years using the search terms, "caries risk assessment", "caries management", and "caries clinical protocols". From this search, 1,909 articles were evaluated by title or by abstract. Information from 75 articles was used to update this document. When data did not appear sufficient or were inconclusive, recommendations were based upon expert and/or consensus opinion by experienced researchers and clinicians.

Background

Caries-risk assessment

Risk assessment procedures used in medical practice normally have sufficient data to accurately quantitate a person's disease susceptibility and allow for preventive measures. ^[1] Even though caries-risk data in dentistry still are not sufficient to quantitate the models, the process of determining risk should be a component in the clinical decision making process. ^[4] Risk assessment:

festers the treatment of the disease process instead of treating the outcome of the disease;
gives an understanding of the disease factors for a specific patient and aids in individualizing preventive discussions;
individualizes, selects, and determines frequency of preventive and restorative treatment for a patient; and
anticipates caries progression or stabilization.

Caries-risk assessment models currently involve a combination of factors including diet, fluoride exposure, a susceptible host, and microflora that interplay with a variety of social, cultural, and behavioral factors. $^{3 - 5}$ Caries risk assessment is the determination of the likelihood of the incidence of caries (ie, the number of new cavitated or incipient lesions) during a certain time period ^[7] or the likelihood that there will be a change in the size or activity of lesions already present. With the ability to detect caries in its earliest stages (ie, white spot lesions), health care providers can help prevent cavitation. $^{8 - 10}$

Caries risk indicators are variables that are thought to cause the disease directly (eg, microflora) or have been shown useful in predicting it (eg, socioeconomic status) and include those variables that may be considered protective factors. Currently, there are no caries-risk factors or combinations of factors that have achieved high levels of both positive and negative predictive values. ^[3] Although the best tool to predict future caries is past caries experience, it is not particularly useful in young children due to the importance of determining caries risk before the disease is manifest. Children with white spot lesions should be considered at high risk for caries since these are precavitated lesions that are indicative of caries activity. ^[11] Plaque accumulation also is strongly associated with

*138

Kool Smiles Dental Leadership Team

Dr. David Vieth, Executive Dental Officer

Dr. Dala Mayfield DRD, Executive Dental Officer

Dr. Vielh received his undergraduate degree in biology/chemistry from Bowling Green State University and his Doctor of Dental Surgery degree from Ohio Slate University Dental School. Following graduation from dental school, Dr. Vieth started a mullispecially group dental practice in Buffalo, New York and its surrounding communities. The group practice expanded over the years and employed over 250 employees in four locations that included an integrated crown and bridge lab. The practice had 27 dentists, including pediatric dentists, oral surgeons, periodontist, endodontist, and orthodontists. Dr. Vieth sold his thriving practice in 2006 to pursue other interests. While identifying his next career move, he became increasingly interested in the opportunity to answer the American Dental Association's plea to increase access to dental care for the underserved. With this goal in mind, Dr. Vieth accepted a position as a Regional Dentist with Kool Smiles. He served in this position for 2 years until he was recently named Director of Dental Operations for the company in 2008.

Dr. Vieth has over 30 years of experience in all areas of dentistry and spent an extensive amount of that time in cosmetic dentistry restoring implants and completing extensive crown and bridge cases. He is also certified in Invisalign, Orthoclear, and CEREC. Dr. Vieth is a standing member of the American Dental Association, the Eighth District Dental Association, the Erie County Dental Society, and the American Academy of Pediatric Dentistry.

Dr. Dale Mayfield received his undergraduate degree in Exercise Physiology from Brigham Young University and his Doctor of Dental Medicine degree from the Medical College of Georgia. He went on to spend 10 years in private practice in Decatur, Georgia, gaining extensive experience in all aspects of dentistry, including implants, complex crown and bridge cases, Invisalign, CEREC and endodontics. With this experience, Dr. Mayfield decided to commit his expertise to provide quality dental care for the underserved by joining Kool Smiles in 2006 as an Executive Dental Officer. Dr. Mayfield is a member of the American Dental Association, the American Academy of Pediatric Dentistry and the Northern District Dental Society. He remains an avid fly fisher, outdoorsman and an active member of his church community. He lives in Georgia with his wife and four children.

*139

Kool Smiles Dental Leadership Team, continued

Dr. Tu Tran, Founding Dentist

Paul O. Walker, Vice President, Clinical Quality

Dr. Tran is a founding dentist and owner of Kool Smiles P.C. Dr. Tran was formerly Lead Dentist at "Smile High, General Dentistry for Children" in Denver, Colorado. Prior to Smile High, Dr. Tran worked at Perfect Teeth of Denver, Colorado. Dr. Tran received his Bachelors degree in Biology and Chemistry from the University of Denver and received his Doctorate in Dental Surgery from the University of Colorado. Dr. Tran is a member of the American Dental Association, the Colorado Dental Association and the Georgia Dental Association.

Dr. Paul O. Walker is a board certified pediatric dentist. He received his DDS from Northwestern University and his MS from Indiana University. He served as a dental officer in the U.S. Navy (1966-1968) and served as the Lead Pediatric Dentist for HealthPartners. He was the Director of the Advanced Education Program in Pediatric Dentistry and the Director of The Hospital Dental Clinic at the University of Minnesota (1972-1994) and went on to serve as the Associate Dean for Clinical Services and Professor of Pediatric Dentistry at the Baylor College of Dentistry/Texas A & M University (1994-1998). Dr. Walker is a fellow of the American College of Dentists, the International College of Dentists, and the AAPD. For the AAPD, he has served on the Board of trustees (1987-1990) and as a President and Director/Examiner (1993-2000). Currently, he is a member of the Pediatric Dentistry Review Committee for the Commission on Dental Accreditation and is a scientific article reviewer for Practical Reviews in Pediatric Dentistry. Dr. Walker retired from full time practice and teaching in 2000, but continues to work for both Health Partners and Indiana University in a part-time capacity and is an independent pediatric dentistry consultant.

*140

MAUZÉ & BAGBY, PLLC
A Professional Limited Liability Company
ATTORNEYS at LAW

October 6, 2014

VIA FAX & REGULAR MAIL Mr. Wayne B. Mason, Esq. Mr. Alan Vickery, Esq. Ms. Cori Steinmann, Esq. Sedgwick, LLP 1717 Main Street, Suite 5400 Dallas, TX 75201-7367 VIA FAX & REGULAR MAIL Mr. Eduardo R. Rodriguez, Esq. Atlas, Hall & Rodriguez, L.L.P. 50 W. Morrison Road, Suite A Brownsville, Texas 78520 Re: CAUSE NO. C-0184-13-G; Antu, et al v. NCDR, L.L.C. d/b/a Kool Smiles, et al Dear Counsel: After review of the documents produced by Defendants in response to Plaintiffs' requests for production, it appears that Defendants have erroneously and frivolously marked nearly every responsive document as confidential and subject to the Stipulated Protective Order and Confidentiality Agreement. Enclosed, please find a draft of Plaintiffs' Motion for Discovery Sanctions Against Defendants Dentistry of Brownsville, P.C. d/b/a Kool Smiles, NCDR, LLC d/b/a Kool Smiles, and Kool Smiles, P.C. d/b/a Kool Smiles, or, in the alternative, Plaintiffs' Motion for Determination of Confidentiality and Entry of New Confidentiality Agreement and Protective Order, which Plaintiffs intend to file with the Court if we are unable to resolve the issues stated therein.

By this letter, Plaintiffs are attempting to confer regarding the issues raised in the aforementioned motion. By 9:00 a.m. on October 13, 2014, please identify by bates-stamped number, which documents, if any, that Defendants intend to remove the designation of confidentiality from.

Please do not hesitate to let me know if you have any questions.

TB/da enclosures

*141

MAUZÉ & BAGBY, PLLC

2632 Broadway, Suite 402 South Telophane: 210.354 .3377 San Antonio, Texas 78215 Fax: 210.354 .3909

DATE: October 6, 2014 RE: Antu, et al v. NCDR, LLC dba Kool Smiles, et al TO: Mr. Wayne B. Mason, Esq. FAX NO.: (469) 227-8004 Mr. Alan Vickery, Esq. Ms. Cori Steinmann, Esq. Sedgwick LLP

FROM: George W. Mauzé, II Telophane: 210.354 .3377 Fax: 210.354 .3909

INSTRUCTIONS/COMMENTS:

THIS FACSIMILE MESSAGE IS A PRIVILEGED AND CONFIDENTIAL COMMUNICATION AND IS TRANSMITTED FOR THE EXCLUSIVE INFORMATION AND USE OF THE ADDRESSEE. PERSONS RESPONSIBLE FOR DELIVERING THIS COMMUNICATION TO THE INTENDED RECIPIENT ARE ADMONISHED THAT THIS COMMUNICATION MAY NOT BE COPIED OR DISSEMINATED EXCEPT AS DIRECTED BY THE ADDRESSEE. IF YOU RECEIVE THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND MAIL THE COMMUNICATION TO US AT OUR LETTERHEAD ADDRESS. THANK YOU

IF YOU DO NOT RECEIVE ALL OF THESE PAGES, PLEASE CALL OUR OFFICE AS SOON AS POSSIBLE.

*142

MAUZÉ & BAGBY, PLLC

A PROFESSIONAL LIMITED LIABILITY COMPANY ATTORNEYS AT LAW

2632 Broadway, Suite 401 South Telephone: (210) 354.3377 San Antonio, Texas 78215 Fax: (210) 354.3909 DATE: October 6, 2014 RE: Antu, et al v. NCDR, LLC dba Kool Stiles, et al TO: Mr. Eduardo R. Rodriguez, Esq. Atlas, Hall & Rodriguez, LLP FAX NO: 956-574-9337

FROM: George W. Mauzé, II TOm Bagby Mauzé & Bagby OUR FILE NO. 1201 Rush: ASAP: Regular:

INSTRUCTIONS/COMMENTS:

IF YOU DO NOT RECEIVE ALL OF THESE PAGES, PLEASE CALL OUR OFFICE AS SOON AS POSSIBLE.

ORIGINAL TO FOLLOW BY: Regular Mail ; Overnight delivery ; $◻$ Hand/Courier delivery ; Other ; Original Will Not Follow .

*143

1 x Communication Result Report (Oct. 6. 2014 2:55PM) x x x

Date/Time: Oct. 6. 2014 2:50PM

| File No. | Mode | Destination | Pg(s) | Result | Page
Noi Sent | | :--: | :--: | :--: | :--: | :--: | :--: | | 3587 | Memory TX | 19565749337 | P. 37 | OK $✓$ | |

IF YOU DO NOT RECEIVE ALL OF THESE PADES, PLEASE CALL OUR OFFICE, AS SOON AS POSSIBLE.
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*144

Nov. 17. 2014 4:53PM No. 3804 P. 39/42 P. 1

a a Communication Result Report (Oct. 6. 2014 3:14PM) a a

Date/Time: Oct. 6. 2014 3:07PM File No. Mode Destination Pg(s) Result Page Not Sent 3588 Memory TX 14692278004 P. 37 OK

MAUZÉ & BAGBY, PLLC

IF YOU DO NOT RECEIVE ALL OF THESE PARKS, PLEASE CALL OUR OFFICE AS BOOM AS POSISILE.

*145

Tom Bagby

From: Sent: To: Subject:

Tom Bagby tbagby@mauzebagbylaw.com Wednesday, October 15, 2014 5:07 PM 'Steinmann, Cori' RE: Kool Smiles - Response to Confidentiality

Cori,

Defendants marked nearly every document as confidential. Per the protective order, Defendants are representing to the Court that each document marked as confidential contains confidential information and/or trade secrets. Based upon our review of the documents, many documents that were marked as confidential cannot possibly contain confidential information. As such, it is our position that Defendants have not only made many misrepresentations to the Court but also have abused the discovery process. As such, we intend to take this matter up with the Court. However, in the spirit of cooperation, I would be willing to further discuss this matter with you to see if we can come to an agreement on how to handle this issue. I am available all day tomorrow and Friday if you wish to discuss the same.

Tom

Tom Bagby

MAUZE & BAGBY, PLLC 2632 Broadway, Suite 4025 San Antonio, TX 78215 T: $210.354 .3377$ F: 210.354 .3909 Toll Free: 1.800 .200 .9096 tbagby@mauzebagbylaw.com *Licensed in Texas, Louisiana & Montana

CONFIDENTIALITY NOTICE

The information contained in this E-Mail is privileged and confidential and is intended only for the use of the addressee. The term "privileged and confidential" includes, without limitation, attorney-client privileged communications, attorney work product, trade secrets, and any other proprietary information. Nothing in this message is intended by the attorney of the client to constitute a waiver of the confidentiality of this message. If the reader of this message is not the intended recipient, or employer/agent of the intended recipient, you are hereby notified that any duplication or distribution of this communication is unauthorized. If you have received this message in error, please notify us immediately.

*146

I have reviewed your letter and proposed Motion concerning documents marked by Kool Smiles as confidential. Although I think we should discuss the issue further, below is my preliminary response to the issues you raised.

First, the deadline you propose in your letter is unreasonable. You have had almost a year to review our documents and have never raised the issue of our confidentiality designations, yet you unilaterally set a one week deadline for us to review our entire production to determine if confidentiality designations are appropriate. This is unreasonable. Moreover, your demand that we review our production and identify documents we intend to remove the confidentiality designation from is not what the parties agreed to in the Protective Order. Per the Protective Order, which you and George had input in drafting, if a party disagrees with the confidential designation that party must identify the "specific document" and attempt to resolve the dispute. As such, you cannot simply point to one or two documents that you disagree with and demand that we then go and re-review our entire production. If there are specific documents that you take issue with the confidential designation, please provide me a list of those documents and I will review them and let you know the basis for the designation and/or agree to remove the designation.

As to the "specific documents" that you have identified in your Motion, please see the following explanation and/or agreements:

KSL-00465030-00465035- These redacted pages are part of a larger document, which is confidential and is designated as such. The fact that some of the information in the document has been redacted because it is outside the scope of the litigation does not mean that the information contained on these pages, and within the document as a whole, is not confidential. Confidentiality applies to the entire document, not specific pages within.
KSL-00000042 and KSL-00000264- These pages are again part of larger documents, which are confidential and are designated as such. These specific pages are the last page of each document and, for whatever reason, do not have any content, but this is how the record was kept in the ordinary course of business. Again, confidentiality applies to the entire document, not specific pages within.
KSL00474199-00474322- We agree to remove the Confidentiality designation.
KSL00464784-00464937- We agree to remove the Confidentiality designation.
KSL00005635-KSL00005647- We agree to remove the Confidentiality designation.
DO8001333-001334- These pages are part of the New Doctor Orientation Manual, which is confidential and proprietary. This is not a publically available document and is provided only to Kool Smiles dentists after they have signed a confidentiality agreement. In fact, the document itself expressly states that it is not to be reproduced or distributed. As such, the Manual, which includes the referenced pages, is confidential.

Please let me know when we can discuss any outstanding concerns that you may have regarding confidentiality designations.

Best Regards, Cori Cori M. Steinmann cori.steinmann@sedgwicklaw.com 469.227 .4025 direct

Sedgwick

1717 Main Street, Suite 5400 Dallas, TX 75201 469.227.8200 phone | 469.227.8004 fax | www.sedgwicklaw.com

*147 Nov. 17. 2014 4:54PM No. 3804 P. $42 / 42$ anyone. Thank you.

*148

MDL NO. C-0184-13-G

DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION TO AMEND CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER OR, ALTERNATIVELY MOTION FOR SANCTIONS OR, ALTERNATIVELY, FOR DETERMINATION OF CONFIDENTIALITY

Defendants Benevis LLC, f/k/a NCDR, LLC ("Benevis"), Kool Smiles, P.C. ("KSPC"), and Dentistry of Brownsville, P.C. ("DOB"), along with the individual dentists ^[1] named as Defendants in all cases transferred to the pretrial multi-district litigation Court ("Defendants"), provide the following response ^[2] to Plaintiff's Motion to Amend Confidentiality Agreement and Protective Order or Alternatively for Sanctions, or Alternatively for Determination of Confidentiality ("Motion").

I. SUMMARY

Subject to Defendants' objection to this Motion being heard at this time, Plaintiffs' Motion should be denied. The parties negotiated and mutually drafted the Stipulated Confidentiality Agreement and Protective Order ("Protective Order") in question. The Protective Order is proper and in no way impedes Plaintiffs in this MDL litigation. Consistent with common sense and legal precedent, it prohibits shared discovery of confidential information

*149

in unrelated litigation. Rather than abide by the terms of the Protective Order, however, Plaintiffs now ask the court to strike Defendants' confidentiality designations for the express improper purpose of sharing documents with parties not affiliated with this litigation and circumventing the discovery process in a federal lawsuit in which Plaintiffs' attorneys are named defendants.

II. ARGUMENTS AND AUTHORITIES

1. The Protective Order was Negotiated, Mutually Drafted, and Stipulated.

The Protective Order at issue (attached hereto as Exhibit "A") was negotiated, mutually drafted, and stipulated. Plaintiffs' counsel provided draft protective orders on at least two occasions: May 14, 2013 and May 28, 2013. The parties negotiated the proposed terms drafted by each side and ultimately the stipulated Protective Order was entered as an Agreed Order on June 11, 2013.

2. The Protective Order Does Not Impair MDL Plaintiffs.

Plaintiffs in these MDL cases are not restricted from using documents and information designated as Confidential under the Protective Order. The Protective Order states, "Confidential Information may be referred to by a party in notices, motions, briefs or any other pleadings, may be used in depositions, and may be marked as deposition exhibits." Protective Order \|| 7. Further, the Protective Order states, "Nothing in this Stipulated Protective Order shall be construed as placing a limit on the use of Confidential Information at trial." Id. \|| 9.

3. There is a Procedure in the Protective Order to Resolve Disputes Concerning Confidentiality Designations.

The parties contemplated that disputes would arise over Confidential designations under the Protective Order. Paragraph 6 of the Order provides "If a party disagrees with the 'Confidential' designation of a specific document or thing, the parties agree to attempt to meet

*150 and confer with one another to resolve the issue." Id.!| 6. This paragraph was negotiated by the parties, and Plaintiffs' counsel even proposed revisions to it which were agreed to by Defendants' counsel, before the Order was submitted to the Court. (See email from Tom Bagby with redlined revisions, dated May 14, 2013, attached hereto as Exhibit "B").

Since the Protective Order was entered in June 2013, Plaintiffs have only identified six specific documents that they claim have been improperly designated as Confidential. Upon receiving Plaintiffs' challenge to these six documents, Defendants promptly responded and agreed to withdraw the confidential designation for three documents, and provided explanations as to how each of the other three were in fact confidential. See email from Cori Steinmann dated 11/13/2014, attached hereto as Exhibit "C".

While Plaintiffs make sweeping claims about Defendants' confidentiality designations, they have provided no additional examples of alleged improper designations. Rather, they only allege that Defendants have abused the process by designating documents which are not confidential. Plaintiffs have not even attempted to identify specific documents or confer about designations made to specific documents, in direct violation of the Protective Order. As recently as June 11, 2015, Defendants again requested that Plaintiffs comply with the Protective Order and identify what "Confidential" designations they disagreed with (See email from Alan Vickery dated June 11, 2015, attached hereto as Exhibit "D"). Plaintiffs have not done so but, instead, just allege that too many documents were designated. Defendants are left to merely guess at what designations Plaintiffs take issue with, which is exactly the scenario the parties agreed to avoid by including paragraph 6 in the Protective Order.

Plaintiffs' defiance of the Protective Order is no basis for amending it. To the contrary, unless and until Plaintiffs make a good faith effort under the Protective Order to identify specific

*151

document on which the Confidentiality designation is challenged, there is no basis to believe it is not appropriate and workable.

4. Plaintiffs Improperly Seek to Circumvent Discovery in Dissimilar Federal Litigation.

The real reason Plaintiffs seek relief from the Agreed Protective Order is to allow them to use the documents for purposes irrelevant to this litigation. Plaintiffs' counsel doesn't seek access to documents without Confidentiality designations to benefit their clients in this case. Rather, they want to share the documents with attorneys not affiliated with this litigation and circumvent the discovery process in an unrelated federal case. This was confirmed in Plaintiffs' counsel's June 10, 2015 email, which stated "[i]f your client agrees to modify the protective order or enter into a Rule 11 that allows the documents to be reviewed by... our attorneys in the federal case, then I will agree to drop the hearing [on the Motion]." See email from George Mauze dated June 10, 2015, attached hereto as Exhibit "E" (emphasis in exhibit not in original).

The federal case referenced in this email is a case filed by some of the Defendants herein against Plaintiffs' counsel. That case, which is pending in federal court in Laredo, contains different claims, different issues, and different rules and court orders regulating discovery. Plaintiffs' counsel's defense of himself in that litigation is an entirely improper justification for the relief requested. Discovery issues in the federal case should be left to the federal court presiding over that case.

Shared discovery with the dissimilar federal case is not appropriate. Under Texas law, the underlying rationale for shared discovery is that in state court cases with similar discovery needs that present similar issues, shared discovery can promote efficiency, consistency, full and fair disclosure, and prevent needless duplication and expense. See, e.g. Garcia v. Peeples, 734 S.W.2d 343, 347 (Tex. 1987); Steenbergen v. Ford Motor Co., 814 S.W.2d 755, 758 (Tex. App.-

*152

Dallas 1991, writ denied). The federal lawsuit involves different claims, issues, and rules of discovery than these MDL cases. Therefore, the primary rationale for shared discovery simply does not exist between that case and the MDL cases.

The Protective Order does not impair Plaintiffs' counsel's ability to represent their clients in this proceeding. In fact, none of the relief requested by this Motion is designed to further this MDL proceeding at all, nor is it sought to assist Plaintiffs in this litigation with their claims against these Defendants. The relief requested by Plaintiffs, therefore, should be denied.

III. CONCLUSION

Based on the foregoing, Defendants Benevis LLC, f/k/a NCDR, LLC ("Benevis"), Kool Smiles, P.C. ("KSPC"), and Dentistry of Brownsville, P.C. ("DOB") (collectively the "Corporate Defendants"), along with the individual dentists ^[3] named as Defendants in all cases transferred to the pretrial multi-district litigation respectfully request that Plaintiffs' Motion to Amend Confidentiality Agreement and Protective Order or Alternatively for Sanctions, or Alternatively for Determination of Confidentiality be denied, and for such other and further relief to which they are entitled.

Defendants' Response to Motion to Amend Confidentiality Agreement

*153 Respectfully Submitted, /s/ Alan R. Vickery WAYNE B. MASON State Bar No. 13158950 ALAN R. VICKERY State Bar No. 20571650 SEDGWICK LLP 1717 Main Street, Suite 5400 Dallas, TX 75201-7367 Telephone: (469) 227-8200 Facsimile: (469) 227-8004 wayne.mason@sedgwicklaw.com alan.vickery@sedgwicklaw.com

EDUARDO R. RODRIGUEZ State Bar No. 00000080 ATLAS, HALL & RODRIGUEZ, L.L.P. 50 W. Morrison Road, Suite A Brownsville, TX 78520 Telephone: (956) 574-9333 Facsimile: (956) 574-9337 errodriguez@atlashall.com ATTORNEYS FOR DEFENDANTS

*154

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing document has been forwarded to all counsel of record as shown below via facsimile and email on the $14^{th}$ day of June, 2015.

George W. Mauzé, II MAUZÉ & BAGBY, PLLC 2632 Broadway, Suite 401 South San Antonio, TX 78215 gmauze@mauzelawfirm.com
R.D. "Bobby" Guerra
GUERRA, LEEDS, SABO & HERNANDEZ
PLLC
10213 N. 10th Street
McAllen, TX 78504
rdguerra@guerraleeds.com
Attorneys for Plaintiffs

Bruce S. Campbell State Bar No: 03694600 BRACKETT & ELLIS, A Professional Corporation 100 Main Street Fort Worth, TX. 76102-3090 817.338.1700

Facsimile: 817.870.2265 bcampbell@belaw.com Attorneys for Defendant Jessie Trinh, DMD /Alan R. Vickery ALAN R. VICKERY

*155 Exhibit A

*156

CAUSE NO. C-0184-13-G

STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

The Defendants assert that all documents, testimony, and/or other items to be produced pursuant to this Stipulated Protective Order contain trade secret, proprietary and/or confidential

*157 information (referred to collectively as "Confidential Information"). Accordingly, the parties stipulate to the following:

For the purposes of this Stipulated Protective Order, "Confidential Information" may include, but is not limited to, information and documentation produced in responses to discovery, the content of electronically stored information, tangible thing, writing, paper, model, photograph, film, videotape, transcript of oral testimony, whether printed, recorded or produced by hand or any other mechanical process. All documents, testimony and other items designated as Confidential Information, and all copies, summaries, and reproductions of such information, are subject to this Stipulated Protective Order.
Whenever the Defendants produce Confidential Information, the Defendants shall designate each page of the document or thing with a label or stamp identifying it as "Confidential" and/or "Produced Pursuant to Protective Order." Inadvertent or unintentional production of documents or information containing Confidential Information that are not designated "Confidential" shall not be deemed a waiver, in whole or in part, of a claim for confidential treatment; however, if Defendants do not designate such documents or things as Confidential Information within 30 days of discovering such inadvertent production, any such claim to confidentiality of said document, information or thing produced shall be deemed waived.
All material which the Defendants designate as Confidential Information in this action shall be maintained in strict confidence by the parties to this action and pursuant to the terms of this Stipulated Protective Order. Plaintiffs shall not disclose or permit to be disclosed Confidential Information to any person or other entity, except to "Qualified Persons" who shall be defined to include: a. Counsel of record for the parties in this action, and employees of such counsel who are engaged in assisting counsel with this action, provided they have first read this Stipulated Protective Order and have agreed to abide by its terms; b. The employee(s) of a corporate party charged with overseeing that party's participation in this action, provided they have first read this Stipulated Protective Order and have agreed to abide by its terms; c. Independent experts and/or consultants, including jury consultants, retained by the parties to this action for the purpose of assisting in the preparation of this case, provided they have first read this Stipulated Protective Order and have agreed to abide by its terms and have signed a written certification in the form attached as "Exhibit A." Counsel for all parties to this action shall maintain such certifications for 6 months following the termination of this Action and will not destroy or alter such material pursuant to any document retention policy or for any other reason

*158 without first providing reasonable notice (no shorter than 30 days) to counsel of record in this case; d. Witnesses who may be shown and questioned about the Confidential Information and whose testimony as well as the information attached or submitted as exhibits, shall remain subject to this Stipulated Protective Order; and e. The court, court personnel, special masters, mediators, other persons appointed by the court in this action, stenographic and other reporters, and videographers pursuant to the provisions of Paragraph 5. 4. Any person who reviews the Confidential Information produced subject to this Stipulated Protective Order agrees to the jurisdiction over their person where the above-captioned matter is pending for the purposes of any action seeking to enforce the terms of this Stipulated Protective Order or any action for contempt for violation of the terms of this Stipulated Protective Order. 5. The parties and their counsel who receive Confidential Information shall act to preserve the confidentiality of designated documents and information. Any party that intends to use or submit any Confidential Information in connection with any pre-trial proceedings or filings shall notify the producing party in writing of its intention to do so at the time of or before filing any related pleadings, motions or other documents, and provide in such notice the Bates numbers or other sufficient description of such Confidential Information as to allow the producing party to identify the Confidential Information. The Confidential Information shall be submitted to the Court in camera in a sealed envelope or other appropriate container labeled as follows: "CONFIDENTIAL -- DOCUMENTS SUBMITTED IN CAMERA" if used as exhibits to any filings in this case or in hearings. 6. If a party disagrees with the "Confidential" designation of a specific document or thing, the parties agree to attempt to meet and confer with one another to resolve the issue. If the parties are unable to resolve the issue, the party that intends to use the Confidential Information shall move for a hearing to obtain a ruling from the Court as to whether the information is entitled to confidential treatment under this Stipulated Protective Order. Until the issue of confidentiality is resolved, either through mutual agreement of the parties or by court intervention, documents designated as Confidential Information shall remain Confidential. 7. Confidential Information may be referred to by a party in notices, motions, briefs or any other pleadings, may be used in depositions, and may be marked as deposition exhibits in this action. No such information shall be used, however, for any of these purposes unless it, or the portion where it is revealed, is appropriately marked and protected from dissemination and, where filing is necessary, it will be done pursuant to the provisions of Paragraph 5.

*159

If any party wishes to modify this Stipulated Protective Order or its application to certain documents or information, that party shall first request such modification from the party producing the Confidential Information and if no satisfactory agreement is reached, may petition the court for modification. Until modification is granted by agreement and/or Court Order, the terms of this Stipulated Protective Order will govern.
Nothing in this Stipulated Protective Order shall be construed as placing a limit on the use of Confidential Information at trial. However, before trial, the parties will address this issue and determine appropriate safeguards to protect the Confidential Information at trial.
No Confidential Information shall be disseminated to anyone who is a direct competitor of the party producing the Confidential Information or is a current employee of a direct business competitor of the party producing the Confidential Information. This paragraph shall not apply to any retained or consulting experts. However, any retained or consulting experts excluded under this paragraph shall comply with paragraph 3(c). In addition, said expert(s) s hall n ot disclose the Confidential Information to any direct competitor or other person currently or formerly employed by a direct business competitor of the party producing the Confidential Information. 73 'consel phall netion thelontrons exornent by conpusting thasin.
Failure to abide by the term of this Stipulated Protective Order may result in a motion for sanctions, costs, and attorney's fees, and any other appropriate legal action by or on behalf of the Defendants.
This Stipulated Protective Order and/or the Defendants' production of documents, things, or information in this action for inspection, copying, or disclosure to any other party to this action shall not be deemed to waive any claim of attorney-client or work product privilege that might exist with respect to these or any other documents or communications, written or oral, including, without limitation, other communications referred to in any documents which the Defendants may produce.
Within thirty (30) days from the entry of final judgment, settlement, or dismissal in connection with this action, each party to this action shall return to counsel for the Defendants their original copies of all Confidential Information received under this Stipulated Protective Order, together with all reproductions and copies. In addition, all abstracts, summaries, indexes or other writings that contain, reflect, or disclose the substance of the Confidential Information received under this Stipulated Protective Order shall be destroyed by Plaintiffs' counsel within six (6) months from the entry of final judgment, settlement, or dismissal in connection with this action. Each party's counsel will certify by declaration to the Defendants' counsel that this Stipulated Protective Order has been complied with by them and their experts/consultants in the form attached as "Exhibit B."

*160 This Court retains and shall have continuing jurisdiction over the parties and recipients of the Confidential Information and Protected Documents for enforcement of the provisions of this Stipulated Protective Order until compliance with Paragraph 13. This Stipulated Protective Order shall be binding upon the parties and their attorneys, successors, executors, personal representatives, administrators, heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, or other persons or organizations over which they have control.

SIGNED this the day of 2013.

JUDGE PRESIDING

*161

AGREED:

State Bar No. 13238800 Tom Bagby State Bar No. 24059409

Mauze & Bagby, PLLC

2632 Broadway, Suite 401 South San Antonio, Texas 78215 Telephone: (210) 354-3377 Facsimile: (210) 354-3909

Wayne B. Mason State Bar No. 13158950 Alan Vickery State Bar No. 20571650

SEDGWICK LLP

1717 Main Street, Suite 5400 Dallas, Texas 75201-7367 Telephone: (469) 227-8200 Facsimile: (469) 227-8004

*162

EXHIBIT "A"

[ATTACH FULLY EXECTUED STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER TO THIS AFFIDAVIT]

CAUSE NO. C-0184-13-G

DECLARATION OF [INSERT NAME OF DECLARANT] RE STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

My full name and business address are:
I have read and fully understand the attached Stipulated Confidentiality Agreement and Protective Order.
I am fully familiar with and agree to comply with and be bound by the provisions [^0] [^0]: DECLARATION OF INSERT NAME OF DECLARANT] RE STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER - Page 1

*163 of said Stipulated Confidentiality Agreement and Protective Order, and submit to the jurisdiction of the court in which this matter is pending for any proceedings with respect to said Stipulated Confidentiality Agreement and Protective Order.

EXECUTED this day of , 2013.

Signature of Declarant

Printed Name

*164

EXHIBIT "B"

[ATTACH FULLY EXECUTED STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER TO THIS AFFIDAVIT]

CAUSE NO. C-0184-I3-G

DECLARATION OF [INSERT NAME OF DECLARANT] RE STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

I am counsel of record for [name of party]. My full name and business address are: (insert name and address of recipient of the documents)
I am bound by the terms and conditions of the Stipulated Confidentiality Agreement and Protective Order. I acknowledged my consent to be so bound by executing the

*165 attached Stipulated Confidentiality Agreement and Protective Order. 3. Pursuant to Paragraph 12 of the Stipulated Confidentiality Agreement and Protective Order attached hereto, I acknowledge that I am obligated to return original copies of all Confidential Information received under this Stipulated Confidentiality Agreement and Protective Order, together with all reproductions and copies of the Confidential Information within thirty (30) days from the entry of final judgment, settlement, or dismissal in connection with this action. 4. I certify that I have returned original copies of all Confidential Information received under this Stipulated Confidentiality Agreement and Protective Order, together with all reproductions and copies of the Confidential Information to counsel for the Defendants. 5. I certify that I have received all Confidential Information and Documents provided to the experts and consultants hired in this action on behalf of my client(s). I further certify that I have returned such Confidential Information, together with all reproductions and copies of the Confidential Information, to counsel for the Defendants.

EXECUTED this day of , 2013.

Signature of Declarant

Printed Name

*166

(Amended)

Exhibit B

*167

Wayne B. Mason

Sedgwick LLP - Dallas wayne.mason@sedgwicklaw.com | 469.227.4602

From: Angie Guerrero [mailto:aguerrero@mauzelawfirm.com] Sent: Tuesday, May 14, 2013 11:46 AM To: Mason, Wayne B. Cc: tbagby@mauzebagbylaw.com Subject: FW: Redlined copy of Sedgwick's proposed discovery order Mr. Mason, Please review attached PO sent on behalf of Tom Bagby.

Sincerely, Angie Guerrero, Paralegal Mauzé & Bagby, PLLC 2632 Broadway, Suite 401S San Antonio, Texas 78215 Tel: 210.354 .3377 Fax: 210.354.3909 / 1.800.200.9096 aguerrero@mauzelawfirm.com info@mauzebagbylaw.com

CONFIDENTIALITY NOTICE

The information contained in this E-Mail is privileged and confidential and is intended only for the use of the addressee. The term "privileged and confidential" includes, without limitation, attorney-client privileged communications, attorney work product, trade secrets, and any other proprietary information. Nothing in this message is intended by the attorney of the client to constitute a waiver of the confidentiality of this message. If the reader of this message is not the intended recipient, or employee/agent of the intended recipient, you are hereby notified that any duplication or distribution of this communication is unauthorized. If you have received this message in error, please notify us immediately.

*168

CAUSE NO. C-0184-13-G

| PAULA ANTU, as Next Friend of | § | IN THE DISTRICT COURT OF | | :--: | :--: | :--: | | | a Minor, et | § | | al., | | § | | | | § | | Plaintiffs, | | § | | | | § | | vs. | | § | | | | § $370^{th}$ JUDICIAL DISTRICT | | NCDR, LLC d/b/a KOOL SMILES, | | § | | DENTISTRY OF BROWNSVILLE, P.C. | | § | | d/b/a KOOL SMILES, AISHWARYA K. | | § | | CHANDESH, D.D.S., EDWARD HO, | | § | | D.D.S., RICHARD I. MANWARING, | | § | | D.D.S., and MARC D. THOMAS, D.D.S., | | § | | | | § | | Defendants. | | § HIDALGO COUNTY, TEXAS |

STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

Defendants NCDR, L.L.C., Dentistry of Brownsville, P.C., Aishwarya K. Chandesh, D.D.S., Edward Ho, D.D.S., Richard I. Manwaring, D.D.S., and Marc D. Thomas, D.D.S. (hereinafter "Defendants") may disclose certain Confidential Information to the parties in this action pursuant to discovery. Plaintiffs Paula Antu, as Next Friend of a Minor, et al. ("Plaintiffs") and the Defendants agree to enter into this Stipulated Protective Order for the purpose of facilitating and expediting the discovery process and to prevent the court from having to conduct separate hearings on the information sought to be protected. In order to protect their confidential documents, proprietary interests and trade secret information, the Defendants wish to ensure that any such Confidential Information shall not be used for any purpose other than this action and shall not be made public or disseminated by any party or their counsel, except as set forth in this Stipulated Confidentiality Agreement and Protective Order (hereinafter "Stipulated Protective Order").

The Defendants represent that all documents, testimony, and/or other items to be produced pursuant to this Stipulated Protective Order contain trade secret, proprietary and/or confidential

*169 information (referred to collectively as "Confidential Information"). The disclosure of Confidential Information-would-necessarily-result-in-serious-harm-to-the-Defendants.-Accordingly, the parties stipulate to the following:

For the purposes of this Stipulated Protective Order, "Confidential Information" may include, but is not limited to, information and documentation produced in responses to discovery, the content of electronically stored information, tangible thing, writing, paper, model, photograph, film, videotape, transcript of oral testimony, whether printed, recorded or produced by hand or any other mechanical process. All documents, testimony and other items designated as Confidential Information, and all copies, summaries, and reproductions of such information, are subject to this Stipulated Protective Order.
Whenever the Defendants produce a document or thing containing information deemed to be confidential, the Defendants shall designate the document or thing with "Confidential," or "Produced Pursuant to Protective Order," or-a-similar statement. - If-a-document-or-thing-is-designated- "Confidential" or- "Produced Pursuant-to-Protective-Order"-on-its-first-page, conspicuously on the top right corner of each page of the entire document or thing shall-be-deemedproduced as "Confidential" or "Produced Pursuant to Protective Order." Inadvertent or unintentional production of documents or information containing Confidential Information that are not designated "Confidential" shall not be deemed a waiver, in whole or in part, of a claim for confidential treatment; however, if Defendants do not contend the document or thing produced is confidential within 10 days of production any such claim to condfidentiality of said document, information or thing produced shall be deemed waived.:
All material which the Defendants designate as Confidential Information in this action shall be maintained in strict confidence by the parties to this action and pursuant to the terms of this Stipulated Protective Order. The parties to this action shall not disclose or permit to be disclosed Confidential Information to any person or other entity, except to "Qualified Persons" who shall be defined to include: a. Counsel of record for the parties in this action, and employees of such counsel who are actively-engaged in assisting counsel with this action, provided they have first read this Stipulated Protective Order and have agreed to abide by its terms; b. The responsible-employee(s) of a corporate party charged with overseeing that party's participation in this action, provided they have first read this Stipulated Protective Order and have agreed to abide by its terms; c. Independent experts and/or consultants, including jury consultants, retained by the parties to this action for the purpose of assisting in the

*170 preparation of this case, provided they have first read this Stipulated Protective Order and have agreed to abide by its terms and have signed a written certification in the form attached as "Exhibit A." Counsel-for-all parties-to-this-action-shall-maintain-such-certifications-and-shall-provide copies-of-therm-to-the-Defendants-counsel-upon-request-within-sivity-(60) days-following-the-conclusion-of-the-case-or-otherwise-file-an-objection with-the-court-before-sixty-(60) days-following-the-conclusion-of-the-case; d. Witnesses, either-by-deposition-or-trial-testimony, who may be shown and questioned about the Confidential Information and whose testimony as well as the information attached or submitted as exhibits, shall remain subject to this Stipulated Protective Order; and e. The court, court personnel, special masters, mediators, other persons appointed by the court in this action, and stenographic and other reporters pursuant to the provisions of Paragraph 5. 4. Any person who reviews the Confidential Information produced subject to this Stipulated Protective Order agrees to the jurisdiction over their person where the above-captioned matter is pending for the purposes of any action seeking to enforce the terms of this Stipulated Protective Order or any action for contempt for violation of the terms of this Stipulated Protective Order. 5. The parties and their counsel who receive Confidential Information shall act to preserve the confidentiality of designated documents and information. Any party that intends to use or submit any Confidential Information in connection with any pre-trial proceedings or filings shall notify the producing party in writing of its intention to do so at the time of or before filing any related pleadings, motions or other documents, and provide in such notice the Bates numbers or other sufficient description of such Confidential Information as to allow the producing party to identify the Confidential Information. The Confidential Information shall be submitted to the Court in camera in a sealed envelope or other appropriate container labeled as follows: "CONFIDENTIAL - DOCUMENTS SUBMITTED IN CAMERA." 6. If a party disagrees with the "Confidential" designation of a specific document or thing, the parties agree to attempt to meet and confer with one another to resolve the issue. If the parties are unable to resolve the issue, the party producing the Confidential Information shall have 160 days from the date the producing party is notified of the objection to file a further protective order establishing that the disputed information is entitled to confidential treatment under this Stipulated Protective Order. If the party or parties producing the Confidential Information do not timely file a motion for a further protective order, then the Confidential Information in dispute shall no longer be subject to protection under this Stipulated Protective Order. Until the issue of confidentiality is resolved, either through

*171 mutual agreement of the parties or by court intervention, documents designated as Confidential Information shall remain Confidential. 7. Confidential Information may be referred to by a party in notices, motions, briefs or any other pleadings, may be used in depositions, and may be marked as deposition exhibits in this action. No such information shall be used, however, for any of these purposes unless it, or the portion where it is revealed, is appropriately marked and protected from dissemination and, where filing is necessary, it will be done pursuant to the provisions of Paragraph 5. 8. If any party wishes to modify this Stipulated Protective Order or its application to certain documents or information, that party shall first request such modification from the party producing Confidential Information and if no satisfactory agreement is reached, may petition the court for modification. Until modification is granted by agreement and/or order, the terms of this Stipulated Protective Order will govern. Provision-for-use-of-such-information-at-trial-shall-be-similarly-made-by-agreement or-by-pretrial-order-governing-the-use-and-protection-of-the-record. 9. Nothing in this Stipulated Confidentiality Agreement and Protective Order shall be construed as placing a limit on the use of Confidential Information at trial. However, before trial, the parties will address this issue and determine appropriate safeguards to protect the Confidential Information at trial. 10. No Confidential Information shall be disseminated to anyone: a. Who is an current employee of a direct business competitor of the party producing the information; or b. Who is employed by a direct business competitor of the party producing the information and who directly participates in marketing, sales, or service activities of direct business competitors. 11. Failure to abide by the terms of this Stipulated Protective Order may result in a motion for sanctions, costs, and attorney's fees, and any other appropriate legal action by or on behalf of the Defendants. 12. This-Stipulated-Protective-Order-or-the-Defendants'-production-of-documents, things, or-information-in-this-action-for-inspection, copying, or-disclosure-to-any other-party-to-this-action-shall-not-be-deemed-to-waive-any-claim-of-attorney-client or-work-product-privilege-that-might-exist-with-respect-to-these-or-any-other documents-or-communications,-written-or-oral, including, without-limitation, other communications-referred-to-in-any-documents-which-the-Defendants-may-produce. 1312. Within thirty (30) days from the entry of final judgment, settlement, or dismissal in connection with this action, each party to this action shall return to counsel for the Defendants their original copies of all Confidential documents and information

*172

received under this Stipulated Protective Order, together with all reproductions, copies, abstracts, summaries, or other writings that contain, reflect, or disclose the substance of the Confidential Information which Defendants produced to Plaintiffs' counsel. Each parties' counsel will certify by declaration to the Defendants' counsel that this Stipulated Protective Order has been complied with by them and their experts/consultants in the form attached as "Exhibit B." Defendants' Ccounsel of record for the party or parties receiving Protected Documents mayshall create and retain an index of the Protected Documents and provide same to Plaintiffs' counsel. The index may only identify the document, date, author, and general subject matter of any Protected Document, but may not reveal the substance of any such document. The producing party shall agree to maintain a copy of all such material for 6 months following the termination of this Action and will not destroy or alter such material pursuant to any document retention policy or for any other reason without first providing reasonable notice (no shorter than 30 days) to counsel of record in this case.

After termination of this Action, the provisions of this Order shall continue to be binding, except with respect to those documents and information that become a matter of public record. This Court retains and shall have continuing jurisdiction over the parties and recipients of the Protected Documents for enforcement of the provisions of this Order following termination of this Action. This Order shall be binding upon the parties and their attorneys, successors, executors, personal representatives, administrators, heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, or other persons or organizations over which they have control.

SIGNED this the day of , 2013.

JUDGE PRESIDING

*173

APPROVED FOR ENTRY:

By: George W. Mauze, II State Bar No. 13238800 Tom Bagby State Bar No. 24059409

Mauze & Bagby, PLLC

2632 Broadway, Suite 401 South San Antonio, Texas 78215 Telephone: (210) 354-3377 Facsimile: (210) 354-3909

By: Wayne B. Mason State Bar No. 13158950 Alan Vickery State Bar No. 20571650

SEDGWICK LLP

1717 Main Street, Suite 5400 Dallas, Texas 75201-7367 Telephone: (469) 227-8200 Facsimile: (469) 227-8004

*174

EXHIBIT "A"

[ATTACH FULLY EXECTUED STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER TO THIS AFFIDAVIT]

CAUSE NO. C-0184-13-G

DECLARATION OF [INSERT NAME OF DECLARANT] RE STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

STATE OF ) COUNTY OF ) I, declare under penalty of perjury under (insert name of recipient of the documents) the laws of the [IDENTIFY STATE/United States of America] that the following is true and correct:

My full name and business address are:
I have read and fully understand the attached Stipulated Confidentiality Agreement and Protective Order.
I am fully familiar with and agree to comply with and be bound by the provisions

*175 of said Stipulated Confidentiality Agreement and Protective Order, and submit to the jurisdiction of the court in which this matter is pending for any proceedings with respect to said Stipulated Confidentiality Agreement and Protective Order.

4, I will not discuss or divulge to persons other than those specifically authorized by this Stipulated Confidentiality Agreement and Protective Order, and will not copy or use, except solely for the purposes of this action and for no other purposes, any documents, materials or information obtained pursuant to said Stipulated Confidentiality Agreement and Protective Order. 5. I certify that I havewill returned original copies of all Confidential Information and Documents received under this Stipulated Confidentiality Agreement and Protective Order, together with all reproductions and copies, abstracts, summaries, or other writings that contain, reflect or disclose the substance of the Confidential Information to counsel that retained me in this case.

EXECUTED this day of , 2013.

Signature of Declarant

Printed Name

*176

EXHIBIT "B"

[ATTACH FULLY EXECUTED STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER TO THIS AFFIDAVIT]

CAUSE NO. C-0184-13-G

DECLARATION OF [INSERT NAME OF DECLARANT] RE STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

I am counsel of record for [name of party]. My full name and business address are: (insert name and address of recipient of the documents)
I agreed to be bound by the terms and conditions of the Stipulated Confidentiality Agreement and Protective Order. I acknowledged my consent to be so bound by executing the

*177 attached Stipulated Confidentiality Agreement and Protective Order. 3. Pursuant to Paragraph 12 of the Stipulated Confidentiality Agreement and Protective Order attached hereto, I acknowledge that I am obligated to return original copies of all Confidential documents and information received under this Stipulated Confidentiality Agreement and Protective Order, together with all reproductions and, copies, abstracts, summaries, or other writings that contain, reflect, or disclose the substance of the Confidential Information within thirty (30) days from the entry of final judgment, settlement, or dismissal in connection with this action. 4. I certify that I have returned original copies of all Confidential documents and information received under this Stipulated Confidentiality Agreement and Protective Order, together with all reproductions, and copies, abstracts, summaries, or other writings that contain, reflect, or disclose the substance of the Confidential Information to counsel for the Defendants. 5. I certify that I have returned all Confidential Information and Documents received from the experts and consultants hired in this action on behalf of my client(s) that they have returned to me, together with all reproductions and, copies, abstracts, summaries, or other writings that contain, reflect, or disclose the substance of the Confidential Information to me. I further certify that I have returned such Confidential Information to counsel for the Defendants.

EXECUTED this day of , 2013.

Signature of Declarant

Printed Name

*178 Exhibit C

*179

Tom Bagby

From: Sent: To: Subject:

Tom Bagby tbagby@mauzebagbylaw.com Wednesday, October 15, 2014 5:07 PM 'Steinmann, Cori' RE: Kool Smiles - Response to Confidentiality

Cori,

Tom

Tom Bagby

MAUZE & BAGBY, PLLC 2632 Broadway, Suite 4025 San Antonio, TX 78215 T: $210.354 .3377$ F: 210.354 .3909 Toll Free: 1.800 .200 .9096 tbagby@mauzebagbylaw.com *Licensed in Texas, Louisiana & Montana

CONFIDENTIALITY NOTICE

*180

As to the "specific documents" that you have identified in your Motion, please see the following explanation and/or agreements:

KSL-00465030-00465035- These redacted pages are part of a larger document, which is confidential and is designated as such. The fact that some of the information in the document has been redacted because it is outside the scope of the litigation does not mean that the information contained on these pages, and within the document as a whole, is not confidential. Confidentiality applies to the entire document, not specific pages within.
KSL-00000042 and KSL-00000264- These pages are again part of larger documents, which are confidential and are designated as such. These specific pages are the last page of each document and, for whatever reason, do not have any content, but this is how the record was kept in the ordinary course of business. Again, confidentiality applies to the entire document, not specific pages within.
KSL00474199-00474322- We agree to remove the Confidentiality designation.
KSL00464784-00464937- We agree to remove the Confidentiality designation.
KSL00005635-KSL00005647- We agree to remove the Confidentiality designation.
DO8001333-001334- These pages are part of the New Doctor Orientation Manual, which is confidential and proprietary. This is not a publically available document and is provided only to Kool Smiles dentists after they have signed a confidentiality agreement. In fact, the document itself expressly states that it is not to be reproduced or distributed. As such, the Manual, which includes the referenced pages, is confidential.

Please let me know when we can discuss any outstanding concerns that you may have regarding confidentiality designations.

Best Regards, Cori Cori M. Steinmann cori.steinmann@sedgwicklaw.com 469.227 .4025 direct

Sedgwick

1717 Main Street, Suite 5400 Dallas, TX 75201 469.227.8200 phone | 469.227.8004 fax | www.sedgwicklaw.com

*181 Nov. 17. 2014 4:54PM No. 3804 P. $42 / 42$ anyone. Thank you.

*182 Exhibit D

*183

From: Vickery, Alan To: Monk, Bradley; Hickland, Jude Subject: FW: Protective Order Date: Thursday, June 11, 2015 3:13:33 PM Attachments: image6b2af5.PNG

FYI

Alan R. Vickery
Sedgwick LLP - Dallas
alan.vickery@sedgwicklaw.com | 469.227.4604

From: Vickery, Alan Sent: Thursday, June 11, 2015 3:11 PM To: George Mauze (gmauze@mauzebagbylaw.com) Subject: Protective Order

George:

I cannot agree to revise the protective order we agreed to in Antu to allow you to use the documents we produced in Antu in the federal case. Our document production was based upon court orders and agreements in Antu, and the federal case contains different claims, issues, and rules which will govern the discovery in that case.

If there are specific documents we have produced which you believe were improperly designated as Confidential, provide me with a list of those documents. We will review them and either remove the designation or confirm for you that we intend to stand on the designation. The protective order requires this, and Cori Steinmann agreed to do this in October, 2014, in her email to Tom. She, in fact, addressed in that email each of the documents specifically identified by you at that time as being improperly designated. I am not aware of any other specific documents which you claim have been improperly designated as Confidential.

If we need to have a hearing on this matter, please move it to next Tuesday, June 16. Eduardo can be available then but he is not available Monday, June 15, as I have mentioned. Thanks.

Alan

Alan R. Vickery

alan.vickery@sedgwicklaw.com 469.227.4604 direct

Sedgwick

1717 Main Street, Suite 5400 Dallas, TX 75201 469.227.8200 phone | 469.227.8004 fax | www.sedgwicklaw.com

*184 The information in this email is intended for the named recipients only. It may contain privileged and confidential matter. If you have received this email in error, please notify the sender immediately by replying to this email. Do not disclose the contents to anyone. Thank you.

*185 Exhibit E

*186

FYI - see highlighted section.

Alan R. Vickery

Sedgwick LLP - Dallas alan.vickery@sedgwicklaw.com | 469.227.4604

From: George Mauze [mailto:gmauze@mauzebagbylaw.com] Sent: Wednesday, June 10, 2015 3:47 PM To: Vickery, Alan Cc: tbagby@mauzebagbylaw.com; errodriguez@atlashall.com; fsabo@guerraleeds.com Subject: RE: Case Management Order No. 1

Alan - When we talked early last week, I understood you were available 6/11 or 6/15, but needed to verify your calendar. Unfortunately, when I sent the email indicating I would R/S the hearing, none of us were aware that the Court would not be available in July. Thus, we need a hearing - I am willing to be available Friday, Monday, or Tuesday. If your client agrees to modify the protective order or enter into a Rule 11 that allows the documents to be reviewed by consulting and retained experts and our attorneys in the federal case, then I will agree to drop that hearing until we have an opportunity to prepare a new protective order in the MDL which addresses that issue and the designation of confidentiality. The CMO can simply be discussed with the Court so we have guidance for revisions and then the disputed matters could be heard in August. However, I would like to get some depos. scheduled between mid-July and mid-August (Drs. Ho, Thomas, Chandesh, Paul Walker, David Veith, and Tu Tran). The appointment of a master will only be requested if the Court's docket does not allow him to accommodate our request for standing hearing dates. I will wait to hear from you.

From: Vickery, Alan [mailto:Alan.Vickery@sedgwicklaw.com] Sent: Wednesday, June 10, 2015 2:12 PM To: George Mauze Subject: RE: Case Management Order No. 1 9:30 or 10 would be better for me Friday a.m. if that works for you.

And, are you available July 2 for the CMO hearing? The court is available that day, and we are available as well. Let me know. Thanks.

Alan

Alan R. Vickery

*187

alan.vickery@sedgwicklaw.com 469.227.4604 direct

1717 Main Street, Suite 5400

Dallas, TX 75201 469.227.8200 phone | 469.227.8004 fax | www.sedgwicklaw.com

From: George Mauze [mailto:gmauze@mauzebagbylaw.com] Sent: Wednesday, June 10, 2015 1:35 PM To: Vickery, Alan Subject: RE: Case Management Order No. 1

How about 9a?

From: Vickery, Alan [mailto:Alan.Vickery@sedgwicklaw.com] Sent: Tuesday, June 09, 2015 8:12 PM To: George Mauze Cc: errodriguez@atlashall.com; fsabo@guerraleeds.com; tbagby@mauzebagbylaw.com; aguerrero@mauzelawfirm.com Subject: Re: Case Management Order No. 1

Thanks George. I could discuss the CMO Friday morning if you have some time. Alan

Alan R. Vickery
alan.vickery@sedgwicklaw.com
469.227.4604 direct

园

1717 Main Street, Suite 5400 Dallas, TX 75201 469.227.8200 phone | 469.227.8004 fax | www.sedgwicklaw.com

On Jun 9, 2015, at 6:22 PM, George Mauze gmauze@mauzebagbylaw.com wrote:

Alan - I thought when we talked you indicated you were available, but would check your calendar to confirm. Nevertheless, I will re-set to accommodate everybody's schedule. I am on vacation 6/17 - 7/1. Can we agree to amend the Protective Order to the extent the documents produced by Defendants can be used in all litigation in which any of the Defendants are parties (ie; federal lawsuit against my firm)? Also, can we schedule a conference call (you and me) to discuss the CMO this week? george

From: Vickery, Alan [mailto:Alan.Vickery@sedgwicklaw.com] Sent: Tuesday, June 09, 2015 3:29 PM To: George Mauze Subject: RE: Case Management Order No. 1

*188

George, we are not available for a hearing on June 15. Eduardo is going to coordinate with Frank this afternoon and see if the judge has any open days the week of June 22. Thanks. Alan

Alan R. Vickery

alan.vickery@sedgwicklaw.com 469.227.4604 direct 1717 Main Street, Suite 5400 Dallas, TX 75201 469.227.8200 phone | 469.227.8004 fax | www.sedgwicklaw.com

From: George Mauze [mailto:gmauze@mauzebagbylaw.com] Sent: Friday, June 05, 2015 12:49 PM To: Vickery, Alan; Mason, Wayne B.; Bruce Campbell Cc: tbagby@mauzebagbylaw.com Subject: Case Management Order No. 1 Alan/Wayne/Bruce - Long time no see or hear! I have made a run at preparing a comprehensive CMO as requested by the Court and required by the rules. Attached is the draft CMO and exhibits. My idea is if we agree, or the Court orders, two Bellwether trials, then we could limit the discovery in all other cases filed to the attached Uniform Discovery and conduct full discovery on the two Bellwether cases. Also, we would probably not file any new suits until after the first Bellwether trial. After your review of the draft, call me to discuss your input in regards to the scope of the Order, the discovery limitations, discovery deadlines, and the Bellwether trial dates. We will be filing a M/Enter a CMO today and will probably set it for 6/15. I will agree to reset to 6/11 if necessary to accommodate schedules (the Court clerk only gave us 6/9, 6/10, 6/11 and $6 / 15$ as available dates). I assume we may be able to agree to most, if not all, of the CMO. We are also requesting a hearing on the previously filed M/Determine Confidentiality and Protective Order and filing a M/Appoint a Special Master. Thanks. george

The information in this email is intended for the named recipients only. It may contain privileged and confidential matter. If you have received this email in error, please notify the sender immediately by replying to this email. Do not disclose the contents to anyone. Thank you.

*189

MDL NO. C-0184-13-G

DEFENDANTS' SUPPLEMENTAL BRIEF IN RESPONSE TO PLAINTIFFS' MOTION TO AMEND CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER OR, ALTERNATIVELY MOTION FOR SANCTIONS OR, ALTERNATIVELY, FOR DETERMINATION OF CONFIDENTIALITY

Defendants ^[1] in all cases transferred to this MDL pretrial Court provide the following Supplemental Response to Plaintiff's Motion to Amend Confidentiality Agreement and Protective Order or Alternatively for Sanctions, or Alternatively for Determination of Confidentiality ("Motion").

I. OVERVIEW

The Court heard argument on the Motion on June 15, 2015. At that time the Court requested additional briefing on the issue of the scope of shared discovery. The Court further requested the parties to submit proposed, amended protective orders to be entered for use in cases transferred to this MDL. Defendants maintain the positions stated in their initial response to the Motion, and per the Court's request, submit this brief as a supplemental response to address those specific areas requested by the Court at the hearing.

*190

II. ARGUMENTS AND AUTHORITIES

1. Proper Scope of Shared Discovery

Shared discovery should be limited to other litigants in similar litigation (i.e., parties in this MDL). Contrary to the assertions of Plaintiffs, this is what Texas law allows. More importantly, Texas law does not allow for documents to be shared with potential litigants without limitation, or with litigants involved in dissimilar or out-of-state cases. The case law cited and relied on by Plaintiffs dictates that any sharing of discovery be with "similarly situated litigants." There is no authority that would allow discovery to be shared more broadly.

The well-established policy of shared discovery is accomplished by the shared discovery component of a MDL. In fact, Defendants voluntarily consented to this type of sharing before the creation of this MDL by allowing documents produced in Antu to be used in the other cases that have now been transferred to the MDL proceeding. The Court need not order any additional sharing of discovery in order to achieve the goal.

(a) Shared Discovery Should be Limited to Parties in the MDL

The scope of shared discovery should be limited to the parties in the MDL. The concept of shared discovery emerged as a means to minimize the duplication of efforts inherent in requiring "similarly situated parties to go through the same discovery process time and time again, even though the issues involved are virtually identical." Garcia v. Peeples, 734 S.W.2d 343, 347 (Tex. 1987) (emphasis added). The presence of similarly situated litigants in cases with similar issues is required before shared discovery is to be considered. Contrary to Plaintiffs' position, Garcia does not support the sharing of discovery more broadly.

Here there is no need for additional sharing language because the MDL procedure itself accomplishes the policy goals that animated the Garcia opinion. See in re Champion Indus.

*191

Sales, LLC, 398 S.W.3d 812, 819 (Tex. App.—Corpus Christi 2012, pet. denied). MDL discovery accomplishes that goal because it avoids requiring "similarly situated parties to go through the same discovery process time and time again, even though the issues involved are virtually identical." Id. (quoting Garcia, 734 S.W.2d at 347). In fact, promoting efficiencies in cases with common questions is one of the essential reasons the Texas Supreme Court implemented Rule 13 of the Texas Rules of Judicial Administration providing for Multidistrict Litigation in Texas. See id. Therefore, the shared discovery doctrine is coextensive with MDL discovery, and it does not support sharing of discovery outside of litigants in the MDL. See id.

Defendants consented to this sharing months ago. By Rule 11 agreement, Defendants agreed to allow sharing of the Antu discovery with all MDL litigants. Defendants do not oppose the entry of a new MDL protective order, but it should formalize the parties' prior agreement rather than distort the scope of shared discovery.

(b) Shared Discovery Does Not Extend to Dissimilar Cases or Potential Litigants

Plaintiffs have argued that Garcia and Eli Lilly & Co. v. Marshall, 850 S.W.2d 155 (Tex. 1993) provide support for shared discovery in dissimilar cases and with other litigants and potential litigants who are not part of this MDL. The issue before the court in Garcia was limited to similarly situated litigants, and the clear language of the opinion demonstrates that it only extended the shared discovery doctrine to similarly situated litigants. The opinion states, "[Plaintiff] seeks to exchange the discovery information with other persons involved in similar suits against automakers. He argues that allowing information exchanges between similarly situated litigants would enhance full disclosure and efficiency in the trial system." Garcia, 734 S.W.2d at 346-47 (emphasis added). The court reasoned that

*192 shared discovery makes the system itself more efficient. The current discovery process forces similarly situated parties to go through the same discovery process time and time again, even though the issues involved are virtually identical. Benefiting from restrictions on discovery, one party facing a number of adversaries can require his opponents to duplicate another's discovery efforts, even though the opponents share similar discovery needs and will litigate similar issues.

Id. at 347 (emphasis added). The court then held that the information could be shared with the "other litigants," which again refers to "persons involved in similar suits against automakers." Id. at 346-47, 348 (emphasis added). Garcia extends shared discovery only to similarly situated actual litigants, not to dissimilar cases or potential litigants.

Although Eli Lilly cites Garcia and refers to shared discovery, that case was not about shared discovery. Eli Lilly concerned whether a trial court's order requiring disclosure of the identities of consumers who had made confidential reports to the FDA was appropriate or if the confidential information should be protected from release. Eli Lilly, 850 S.W.2d at 160. The Texas Supreme Court ultimately held against the plaintiffs in that case because the federal "objective of fostering post-approval reporting of possible adverse reactions for all FDAapproved drugs is severely compromised by the trial court's order of wholesale disclosure of reporters' identities." Id. at 160 .

The Texas Supreme Court only referred to the doctrine in dicta. The court ambiguously referenced potential litigants, but did not ultimately include potential litigants in its holding. Specifically, the court first stated that under the shared discovery doctrine the fruits of discovery may be shared with "other litigants and potential litigants," citing only page 347 of Garcia in support of the statement. Id. The ambiguous phrase "potential litigants" was not defined or otherwise discussed. While Garcia unquestionably does address other litigants, it does not in any way extend to potential litigants, as that issue was not even before the court. See Garcia,

*193 734 S.W.2d at 347. Therefore, it is not clear what the court meant when it referred to potential litigants in citing Garcia.

The holding in Eli Lilly did not depend a finding that shared discovery was proper. It is clear, therefore, that the opinion does not broaden the scope of shared discovery as articulated in Garcia. Plaintiffs insist the Eli Lilly court fundamentally altered the shared discovery doctrine by making this isolated, ambiguous, and unelaborated statement. Plaintiffs ignore that the Eli Lilly court ultimately held, consistent with Garcia, that plaintiffs were "entitled to all the substantive information in the reports and to share that discovery with their expert witnesses and litigants in other cases." Eli Lilly, 850 S.W.2d at 160 (emphasis added). In extending discovery only to litigants-not potential litigants-in other similar cases, the actual holding of the court in Eli Lilly is in direct opposition to Plaintiffs' position.

Plaintiffs have not directed this Court or Defendants to a case in which a Texas court actually extended the shared discovery doctrine to potential litigants. That is because there is no legal support for this and it is illogical to do so. Taken to its logical extreme, Plaintiffs' sweeping request would allow for essentially unlimited shared discovery with anyone Plaintiffs' counsel claims is a potential litigant, with insufficient safeguards to Defendants to protect the confidential information produced in response to these claims. Any protective order would be virtually unenforceable if the court lacked assurance that the universe of the potential recipients of confidential information was identifiable and could be subjected to the Court's orders. The virtually limitless designation of "potential litigants" severely undermines the Court's ability to protect the legitimate interests of the actual litigants before the Court.

Defendants' proposed scope of shared discovery is supported by legal precedent and common sense. For example, it has been held many times that a protective order limiting

*194

confidential information to the "parties in this lawsuit, their lawyers, consultants, investigators, experts, and other necessary persons employed by counsel" was proper. See, e.g., In re Continental General Tire, Inc., 979 S.W.2d 609, 613 n. 3 (Tex. 1998) (emphasis added). In another case, a trial court's order was upheld because the plaintiffs in that case failed to show harm "from the inability to share and compare information with other litigants in other cases." See Scott v. Monsanto Co., 868 F.2d 786, 792 (5th Cir. 1989) (no harm to plaintiffs ). Finally, another court has pointed out that an "acceptable protective order" is one that "restricts the dissemination of documents to parties involved in the litigation." See Zappe v. Medtronic USA, Inc., No. C-08-369, 2009 WL 792343, at *1 (S.D. Tex. Mar. 23, 2009) (citing In re Continental, 979 S.W.2d at 613). The Court should deny Plaintiffs' request to extend shared discovery beyond MDL litigants.

(c) Shared Discovery With the Federal Case is Inappropriate

As stated above, the shared discovery doctrine does not allow for sharing of confidential information with those who are not similarly situated litigants. The litigants in the federal caseattorneys and their firm attempting to defend themselves from charges of false advertising, defamation, business disparagement, and injury to business reputation-are in no way similarly situated with the plaintiffs in this case, who are children asserting claims of dental malpractice.

Worse, permitting sharing with the federal litigants intrudes on the prerogatives of the federal court. As the court held in Eli Lilly, trial courts should not compromise federal objectives by issuing unnecessarily broad orders. Eli Lilly, 850 S.W.2d at 160. Extending the sharing of discovery to the federal case is not essential to the efficient resolution of the MDL cases, and intrudes upon the province of the federal court to control and direct discovery in that case under federal law.

*195 The federal case involves entirely different claims, causes of action, and issues. Plaintiffs in the MDL are the next friends of minor dental patients who allege causes of action for negligence, gross negligence, civil conspiracy, and fraud arising out of dental care and treatment. The federal lawsuit involves claims for false advertising, defamation, business disparagement, and injury to business reputation. None of the claims in the two lawsuits are the same.

Perhaps more importantly, the judge in the federal case has already issued some discovery rulings. The parties in that case have served discovery requests on each other, filed motions to compel and related briefing, argued various issues before the court under the federal rules, and have received discovery-related orders from the judge in that case. Any order entered here allowing for shared discovery in the federal case risks running afoul of the federal court's orders. What is relevant and discoverable in that case should be determined by the judge in that case. As the Garcia court noted, "prudential rules check Texas' ability to control litigation in other forums." Garcia, 734 S.W.2d at 348.

The shared discovery doctrine was never intended to be a catch-all doctrine that prevented any and all duplicative discovery. The underlying rationale for shared discovery is that shared discovery can promote efficiency, consistency, full and fair disclosure, and prevent "needless duplication and expense." Steenbergen v. Ford Motor Co., 814 S.W.2d 755, 758 (Tex. App.—Dallas 1991, writ denied) (emphasis added) (citing Garcia, 734 S.W.2d at 347). Implicit in this acknowledgement is that, as a matter of necessity, there will at times be duplication of discovery. See id. One such instance is when differing discovery rules, and therefore outcomes, are in play. Because the claims are totally different, the type of discovery permissible in one case may be impermissible in another. The federal court does not decide the scope of discovery

*196

for the MDL Court. Similarly, it would be highly inappropriate for the MDL Court to dictate the scope of discovery in the federal case.

While it is true that some discovery in the federal case may duplicate some discovery in the MDL, there has been no showing that there will be complete overlap, and that alone is an insufficient basis for shared discovery. Any order entered in this case that would allow Plaintiffs' counsel to share discovery in the federal case would interfere with the federal court's handling of discovery in that case. Therefore, this Court should decline to amend the Protective Order to allow Plaintiffs to share discovery in the federal case.

2. Proposed Amendments to the Protective Order

(a) The MDL Court Should Adopt the Existing Protective Order with Minor Revisions

As Plaintiffs have not even attempted to follow the existing procedure for challenging confidentiality designations, there is no indication the existing procedure is unworkable. The procedure makes sense, and it provides a vehicle for challenging confidentiality designations if that becomes necessary. Defendants have complied with the Protective Order and, contrary to Plaintiffs' assertions, have not abused the discovery process or arbitrarily designated documents as confidential. See Affidavit of Alan R. Vickery, attached hereto as Exhibit "A".

Defendants object to Plaintiffs' proposed Protective Order delivered to the Court on Monday, June 15, because it is inconsistent with the law and does not provide adequate protection to Defendants' confidential information. Plaintiffs have requested that the order be extended to any "other litigants" or "potential litigants." This position, as noted herein, is inconsistent with the scope of MDL discovery and the shared discovery doctrine and not supported by Texas law. Further Plaintiffs' proposed amendments would unnecessarily and unreasonably increase the opportunity for Defendants' competitors to gain access to confidential

*197

and competitively sensitive information. In short, Plaintiffs' proposed amendments do nothing to advance the disposition of the cases in this MDL, while needlessly and unreasonably exposing Defendants to the very real risk that their confidential and competitively sensitive information ends up in the hands of their competitors.

Defendants maintain that the substance of the existing Protective Order should remain in place. Nevertheless, Defendants concede that the existing protective order could be improved and made more efficient. Defendants propose the following revisions to the Protective Order.

(b) Revised Procedure for Challenging Confidentiality

To address Plaintiffs' real concerns about the Protective Order in place, Defendants propose a revision to provide that, with each production of confidential information, the designating party shall provide a log of all documents produced and designated as confidential, including a description of each document. By doing so, the opposing party can efficiently evaluate which designations it may want to challenge. That would also allow the receiving party to confer with the producing party about the confidentiality designations. Therefore, Defendants propose a revision to paragraph six (6) of the existing protective order, to read as follows: 6. Within thirty days of the production of documents designated as confidential, the party producing documents designated as confidential shall provide a written log containing a list of all Confidential Information produced (the "Confidentiality Log"). The Confidentiality Log shall contain the bates range of each document produced as confidential, a description of the document specific enough to identify the document, and a reference to the request for production to which it is responsive. For documents previously produced and designated as confidential, the producing party shall have thirty days from the entry of this order to serve the Confidentiality Log. If a party disagrees with the "confidential" designation of a specific document or thing, such party may challenge the designation by identifying the document on the Confidentiality Log and indicating in writing to the party designating the document as confidential that the designation is challenged. The designating party will have fourteen (14) days to respond to the confidentiality challenge and will indicate whether the confidentiality designation will be withdrawn. If the designation is not withdrawn, the parties agree to attempt to meet and confer with one another to resolve the issue. If the parties are unable to resolve

*198

the issue, the party that intends to use the Confidential Information shall move for a hearing to obtain a ruling from the Court as to whether the information is entitled to confidential treatment under this Confidentiality and Protective Order. Until the issue of confidentiality is resolved, either through mutual agreement of the parties or by court intervention, documents designated as Confidential Information shall remain Confidential.

A copy of Defendants' proposed Confidentiality and Protective Order, reflecting this change and modifying it for use in the MDL is attached hereto as Exhibit "B". Defendants request that the Court enter this revise Protective Order for use in the MDL proceeding.

III.CONCLUSION

Based on the foregoing, Defendants ^[2] in all cases transferred to the pretrial multi-district litigation respectfully request that Plaintiffs' Motion to Amend Confidentiality Agreement and Protective Order or Alternatively for Sanctions, or Alternatively for Determination of Confidentiality be denied, that Plaintiffs' counsel not be allowed to share documents produced as confidential beyond the litigants in this MDL proceeding, and for such other and further relief to which they are entitled.

*199 Respectfully Submitted, /s/ Alan R. Vickery WAYNE B. MASON State Bar No. 13158950 ALAN R. VICKERY State Bar No. 20571650 SEDGWICK LLP 1717 Main Street, Suite 5400 Dallas, TX 75201-7367 Telephone: (469) 227-8200 Facsimile: (469) 227-8004 wayne.mason@sedgwicklaw.com alan.vickery@sedgwicklaw.com

*200

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing document has been forwarded to all counsel of record as shown below via facsimile and email on the $19^{th}$ day of June, 2015.

George W. Mauzé, II MAUZÉ & BAGBY, PLLC 2632 Broadway, Suite 401 South San Antonio, TX 78215 gmauze@mauzelawfirm.com R.D. "Bobby" Guerra

GUERRA, LEEDS, SABO & HERNANDEZ PLLC 10213 N. 10th Street McAllen, TX 78504 rdguerra@guerraleeds.com

Attorneys for Plaintiffs

Bruce S. Campbell State Bar No: 03694600 BRACKETT & ELLIS, A Professional Corporation 100 Main Street Fort Worth, TX. 76102-3090 817.338.1700

Facsimile: 817.870.2265 bcampbell@belaw.com

Attorneys for Defendant Jessie Trinh, DMD /s/ Alan R. Vickery ALAN R. VICKERY

*201 Exhibit A

*202

MDL NO.

IN THE DISTRICT COURT OF

IN RE KOOL SMILES DENTAL LITIGATION

AFFIDAVIT OF ALAN R. VICKERY

STATE OF TEXAS
$§$

COUNTY OF DALLAS $§$

BEFORE ME, the undersigned notary public on this day personally appeared ALAN R. VICKERY, a person known to me who, after being duly sworn upon his oath, deposed as follows:

"I am over eighteen (18) years of age, have never been convicted of a felony and am fully competent in all respects to make this Affidavit.
I am an attorney of record in the above-styled and numbered cause and in each case transferred to the multidistrict litigation pretrial court (the "MDL") as of the date of this Affidavit.
I have been involved in the day-to-day activities of the cases transferred to the MDL and I am familiar with the written discovery that has taken place between the parties. Prior to the order transferring the cases to the MDL, a significant amount of written discovery had been conducted in the first case filed, Antu et al., v. NCDR, LLC, et al., C-0184-13-G, in the $370^{th}$ District Court in Hidalgo County, Texas.

*203

In Antu, Plaintiffs submitted over four-hundred requests for production to Defendants Benevis LLC, f/k/a NCDR, LLC ("Benevis"), Kool Smiles, P.C. ("KSPC"), and Dentistry of Brownsville, P.C. ("DOB") (collectively, the "Corporate Defendants"). Many of those requests sought documents containing standard operating procedures, information regarding recruitment, training, and employment policies, and business reports containing information about the performance of dentists employed by DOB.
On June 11, 2013, the parties entered into and the Court signed a Stipulated Confidentiality Agreement and Protective Order (the "Protective Order") that governed the handling of documents produced in the Antu case that contained confidential information.
After Antu was filed and significant discovery had taken place, ten additional cases with nearly identical pleadings were filed against a number of defendants, including the Corporate Defendants. After those cases were filed, counsel for the Corporate Defendants agreed to allow the Plaintiffs in each of the newly filed cases to use the documents produced in Antu, subject to the Protective Order. On June 15, 2015, Plaintiffs in those cases filed in their respective trial courts the Rule 11 agreements containing the agreement.
Attorneys from my firm, with the assistance of over twenty contract attorneys, reviewed and analyzed the documents produced in the Antu litigation for responsiveness, privilege, and confidentiality.
During the course of the review, the reviewing attorneys identified and prepared thousands of reports and documents for production. Many of the reports, which were produced, contained hundreds of pages each. Pursuant to the terms of the Protective Order, these attorneys were instructed to designate as confidential each page of the following: Doctor Procedure Reports, Expanded Services Reports, and Office Scorecard - Medicaid Children Reports. With

*204 input from the Corporate Defendants, these reports were designated as Confidential, as they contain proprietary and confidential business information or trade secrets. 9. I have reviewed and am familiar with the process and criteria for determining the confidentiality of the documents produced in the Antu litigation. This process was developed under my supervision. The attorneys reviewing the documents produced in Antu were instructed to code the reports noted above, as well as internal policies and procedure manuals or handbooks, training materials, financial documents, sensitive personnel information regarding employees, and other documents containing confidential information as "Confidential Pursuant to the Protective Order." Prior to production, the reviewing attorneys performed a second, quality control review of coded documents. The process by which documents were identified and marked as confidential reflected my professional judgment and that of the reviewing attorneys that the documents designated as confidential contained proprietary and confidential business information or trade secrets. If the documents so designated comprise a substantial portion of the overall production, it only reflects the fact that Plaintiffs' counsel chose to request a large quantity of confidential documents. 10. On October 6, 2014, Plaintiffs' counsel wrote a letter to Cori Steinmann, then an attorney at my firm representing Defendants, requesting that Defendants "identify by batesstamped number, which documents, if any, that Defendants intend to remove the designation of confidentiality from." 11. The language of the Protective Order states that a "party [who] disagrees with the 'Confidential' designation of a specific document or thing" agrees to confer with the party who has designated the document as such.

*205

To date, the only "specific" documents on which the Plaintiffs have attempted to confer with me or any other attorney representing the Corporate Defendants are the documents attached to Plaintiffs' Motion to Amend Confidentiality Agreement and Protective Order or, Alternatively, Motion for Sanctions or, Alternatively, for Determination of Confidentiality.
On October 15, 2014, Ms. Steinmann responded by email to Plaintiffs' October 6, 2014 letter. In her response, she informed Plaintiffs' counsel that she had analyzed the specific documents identified in the motion and provided an analysis of the confidentiality of each page.
Ms. Steinmann and I have on several occasions offered to review any other "specific document" identified by Plaintiffs' counsel, but Plaintiffs' counsel have not identified any other documents.
On June 11, 2015, Plaintiffs' counsel informed me verbally and via email that he wanted to use the documents produced in the Antu litigation in the federal court litigation brought by certain of the Corporate Defendants against him and his firm. He further advised me on June 12, 2015 that he intended to share the documents with attorneys who are not counsel of record for any party in any of the cases currently before the MDL court. "FURTHER AFFIANT SAYETH NOT."

SUBSCRIBED AND SWORN TO BEFORE ME, on this the $19^{th}$ day of June, 2015.

Ravey & Buse

Notary Public in and for the State of Texas

*206 My Commission Expires: $3 - 3 D - 2 d / L$

*207 Exhibit B

*208

MDL NO.

| IN RE KOOL SMILES DENTAL | § | IN THE DISTRICT COURT OF | | :--: | :--: | :--: | | LITIGATION | § | | | | § | | | | § | | | | § | 370TH JUDICIAL DISTRICT |

CONFIDENTIALITY AND PROTECTIVE ORDER

Defendants Benevis, LLC f/k/a NCDR, LLC, Dentistry of Brownsville, P.C., Kool Smiles, PC, and each of the individual dentists named as defendants (collectively "Defendants") in any case filed in or transferred to this multidistrict litigation ("MDL") pretrial Court may disclose certain Confidential Information to the parties in this action pursuant to discovery requests or Court order. Plaintiffs ("Plaintiffs"), whether directly filed in this MDL or transferred as a tagalong case, and the Defendants in this MDL are hereby ordered to abide by the terms of this Confidentiality and Protective Order (the "Protective Order") for the purpose of facilitating and expediting the discovery process and to reduce the Court's time from having to conduct separate hearings on the information sought to be protected. In order to protect their alleged confidential documents, proprietary interests, and trade secret information, the Defendants wish to ensure that any such Confidential Information shall not be used for any purpose other than the lawsuits in this MDL, whether directly filed in or transferred as a tag-along case, and shall not be made public or disseminated by any party or their counsel, except as set forth in this Confidentiality and Protective Order.

The Defendants assert that all documents, testimony, and/or other items to be produced pursuant to this Confidentiality and Protective Order contain trade secret, proprietary and/or confidential information (referred to collectively as "Confidential Information"). Accordingly, the Court sets forth the terms and conditions of this Confidentiality and Protective Order:

*209

For the purposes of this Confidentiality and Protective Order, "Confidential Information" may include, but is not limited to, information and documents produced in responses to discovery, the content of electronically stored information, tangible things, writings, papers, models, photographs, films, videotapes, and transcripts of oral testimony, whether printed, recorded or produced by hand or any other mechanical process. All documents, testimony and other items designated as Confidential Information, and all copies, summaries, and reproductions of such information, are subject to this Confidentiality and Protective Order.
Whenever the Defendants produce Confidential Information, the Defendants shall designate each page of the document or thing with a label or stamp identifying it as "Confidential" and/or "Produced Pursuant to Protective Order." Inadvertent or unintentional production of documents or information containing Confidential Information that are not designated "Confidential" shall not be deemed a waiver, in whole or in part, of a claim for confidential treatment; however, if Defendants do not designate such documents or things as Confidential Information within thirty (30) days of discovering such inadvertent production, any such claim to confidentiality of said document, information, or thing produced shall be deemed waived.
All material which the Defendants designate as Confidential Information in this action shall be maintained in strict confidence by the parties to this action and pursuant to the terms of this Confidentiality and Protective Order. The parties shall not disclose or permit to be disclosed Confidential Information to any person or other entity, except to "Qualified Persons," who shall be defined to include: a. Counsel of record for the parties in this MDL action, whether filed directly in this MDL or transferred to this MDL proceeding as a tag-along case, and employees of such counsel who are engaged in assisting counsel with this action, provided they have first read this Confidentiality and Protective Order and have agreed to abide by its terms; b. The employee(s) of a corporate party charged with overseeing that party's participation in this action, provided they have first read this Confidentiality and Protective Order and have agreed to abide by its terms; c. Independent experts and/or consultants, including jury consultants, retained by the parties to this action for the purpose of assisting in the preparation of this case, provided they have first read this Confidentiality and Protective Order and have agreed to abide by its terms and have signed a written certification in the form attached as "Exhibit A." Counsel for all parties to this action shall maintain such certifications for six (6) months following the termination of this Action and will not destroy or alter such material pursuant to any document retention policy or for any other reason

*210 without first providing reasonable notice (no shorter than thirty (30) days) to counsel of record in this case; d. Witnesses who may be shown and questioned about the Confidential Information and whose testimony as well as the information attached or submitted as exhibits, shall remain subject to this Confidentiality and Protective Order; and e. The court, court personnel, special masters, mediators, other persons appointed by the court in this action, stenographic and other reporters, and videographers pursuant to the provisions of Paragraph 5. 4. Any person who reviews the Confidential Information produced subject to this Confidentiality and Protective Order agrees to the jurisdiction over their person where the above-captioned matter is pending for the purposes of any action seeking to enforce the terms of this Confidentiality and Protective Order or any action for contempt for violation of the terms of this Confidentiality and Protective Order. 5. The parties and their counsel who receive Confidential Information shall act to preserve the confidentiality of designated documents and information. Any party that intends to use or submit any Confidential Information in connection with any pre-trial proceedings or filings shall notify the producing party in writing of its intention to do so at the time of or before filing any related pleadings, motions or other documents, and provide in such notice the bates numbers or other sufficient description of such Confidential Information as to allow the producing party to identify the Confidential Information. The Confidential Information shall be submitted to the Court in camera in a sealed envelope or other appropriate container labeled as follows: "CONFIDENTIAL - DOCUMENTS SUBMITTED IN CAMERA" if used as exhibits to any filings in this case or in hearings. 6. Within thirty days of the production of documents designated as confidential, the party producing documents designated as confidential shall provide a written log containing a list of all Confidential Information produced (the "Confidentiality Log"). The Confidentiality Log shall contain the bates range of each document produced as confidential, a description of the document specific enough to identify the document, and a reference to the request for production to which it is responsive. For documents previously produced and designated as confidential, the producing party shall have thirty days from the entry of this order to serve the Confidentiality Log. If a party disagrees with the "confidential" designation of a specific document or thing, such party may challenge the designation by identifying the document on the Confidentiality Log and indicating in writing to the party designating the document as confidential that the designation is challenged. The designating party will have fourteen (14) days to respond to the confidentiality challenge and will indicate whether the confidentiality designation will be withdrawn. If the designation is not withdrawn, the parties agree to attempt to meet

*211 and confer with one another to resolve the issue. If the parties are unable to resolve the issue, the party that intends to use the Confidential Information shall move for a hearing to obtain a ruling from the Court as to whether the information is entitled to confidential treatment under this Confidentiality and Protective Order. Until the issue of confidentiality is resolved, either through mutual agreement of the parties or by court intervention, documents designated as Confidential Information shall remain Confidential. 7. Confidential Information may be referred to by a party in notices, motions, briefs or any other pleadings, may be used in depositions, and may be marked as deposition exhibits in this action. No such information shall be used, however, for any of these purposes unless it, or the portion where it is revealed, is appropriately marked and protected from dissemination and, where filing is necessary, it will be done pursuant to the provisions of Paragraph 5. 8. If any party wishes to modify this Confidentiality and Protective Order or its application to certain documents or information, that party shall first request such modification from the party producing the Confidential Information and if no satisfactory agreement is reached, may petition the court for modification. Until modification is granted by agreement and/or Court Order, the terms of this Confidentiality and Protective Order will govern. 9. Nothing in this Confidentiality and Protective Order shall be construed as placing a limit on the use of Confidential Information at trial. However, before trial, the parties will address this issue and determine appropriate safeguards to protect the Confidential Information at trial. 10. No Confidential Information shall be disseminated to anyone who is a direct competitor of the party producing the Confidential Information or is a current employee of a direct business competitor of the party producing the Confidential Information. This paragraph shall not apply to any retained or consulting experts. However, any retained or consulting experts excluded under this paragraph shall comply with paragraph 3(c). In addition, said expert(s) shall not disclose the Confidential Information to any direct competitor or other person currently or formerly employed by a direct business competitor of the party producing the Confidential Information. Plaintiffs' counsel shall retain Declarations executed by consulting experts. 11. Failure to abide by the terms of this Confidentiality and Protective Order may result in a motion for sanctions, costs, and attorney's fees, and any other appropriate legal action by or on behalf of the Defendants. 12. This Confidentiality and Protective Order and/or the Defendants' production of documents, things, or information in this action for inspection, copying, or disclosure to any other party to this action shall not be deemed to waive any claim of

*212

attorney-client or work product privilege that might exist with respect to these or any other documents or communications, written or oral, including, without limitation, other communications referred to in any documents which the Defendants may produce. 13. Within thirty (30) days from the entry of final judgment, settlement, or dismissal in connection with this action, each party to this action shall return to counsel for the Defendants their original copies of all Confidential Information received under this Confidentiality and Protective Order, together with all reproductions and copies. In addition, all abstracts, summaries, indexes or other writings that contain, reflect, or disclose the substance of the Confidential Information received under this Confidentiality and Protective Order shall be destroyed by Plaintiffs' counsel within six (6) months from the entry of final judgment, settlement, or dismissal in connection with this action. Each party's counsel will certify by declaration to the Defendants' counsel that this Confidentiality and Protective Order has been complied with by them and their experts/consultants in the form attached as "Exhibit B." 14. Each party's attorneys shall maintain a log of all documents designated as confidential that are delivered to other Qualified Persons (the "Qualified Person Log"). The Qualified Person Log shall contain the name and address of the person to whom the information is disseminated, a designation of what constitutes the person as a Qualified Person (as defined in paragraph 3), a list of documents provided to each Qualified Person, which shall include the bates range of the documents produced as confidential, a description of the document specific enough to identify the document, and a reference to the request for production to which it is responsive.

This Court retains and shall have continuing jurisdiction over the parties and recipients of the Confidential Information and Protected Documents for enforcement of the provisions of this Confidentiality and Protective Order until compliance with Paragraph 13. This Confidentiality and Protective Order shall be binding upon the parties and their attorneys, successors, executors, personal representatives, administrators, heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, or other persons or organizations over which they have control.

SIGNED this the day of , 2015.

JUDGE PRESIDING

*213

EXHIBIT "A"

[ATTACH FULLY EXECTUED CONFIDENTIALITY AND PROTECTIVE ORDER TO THIS AFFIDAVIT]

MDL NO.

| | | | :-- | :-- | | IN RE KOOL SMILES DENTAL | $\ < m a t h x m l n s = " h t t p : / / w w w . w 3 . o r g / 1998 / M a t h / M a t h M L " d i s p l a y = " b l o c k " > < m r o w > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m i > L < / m i > < m i > I < / m i > < m i > T < / m i > < m i > I < / m i > < m i > G < / m i > < m i > A < / m i > < m i > T < / m i > < m i > I < / m i > < m i > O < / m i > < m i > N < / m i > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m i >$ \ | | | $\ < m a t h x m l n s = " h t t p : / / w w w . w 3 . o r g / 1998 / M a t h / M a t h M L " d i s p l a y = " b l o c k " > < m r o w > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m i >$ \ | | | $\ < m a t h x m l n s = " h t t p : / / w w w . w 3 . o r g / 1998 / M a t h / M a t h M L " d i s p l a y = " b l o c k " > < m r o w > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > h < / m i > < m n > 2 < / m n > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m i > D < / m i > < m i > E < / m i > < m i > C < / m i > < m i > L < / m i > < m i > A < / m i > < m i > R < / m i > < m i > A < / m i > < m i > T < / m i > < m i > I < / m i > < m i > O < / m i > < m i > N < / m i > < m i > O < / m i > < m i > F < / m i > < m o s t r e t c h y = " f a l s e " > [< / m o > < m i > I < / m i > < m i > N < / m i > < m i > S < / m i > < m i > E < / m i > < m i > R < / m i > < m i > T < / m i > < m i > N < / m i > < m i > A < / m i > < m i > M < / m i > < m i > E < / m i > < m i > O < / m i > < m i > F < / m i > < m i > D < / m i > < m i > E < / m i > < m i > C < / m i > < m i > L < / m i > < m i > A < / m i > < m i > R < / m i > < m i > A < / m i > < m i > N < / m i > < m i > T < / m i > < m o s t r e t c h y = " f a l s e " >] < / m o > < m i > R < / m i > < m i > E < / m i > < m i > G < / m i > < m i > A < / m i > < m i > R < / m i > < m i > D < / m i > < m i > I < / m i > < m i > N < / m i > < m i > G < / m i > < m i > C < / m i > < m i > O < / m i > < m i > N < / m i > < m i > F < / m i > < m i > I < / m i > < m i > D < / m i > < m i > E < / m i > < m i > N < / m i > < m i > T < / m i > < m i > I < / m i > < m i > A < / m i > < m i > L < / m i > < m i > I < / m i > < m i > T < / m i > < m i > Y < / m i > < m i > A < / m i > < m i > N < / m i > < m i > D < / m i > < m i > P < / m i > < m i > R < / m i > < m i > O < / m i > < m i > T < / m i > < m i > E < / m i > < m i > C < / m i > < m i > T < / m i > < m i > I < / m i > < m i > V < / m i > < m i > E < / m i > < m i > O < / m i > < m i > R < / m i > < m i > D < / m i > < m i > E < / m i > < m i > R < / m i > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > h < / m i > < m n > 2 < / m n > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m i > S < / m i > < m i > T < / m i > < m i > A < / m i > < m i > T < / m i > < m i > E < / m i > < m i > O < / m i > < m i > F < / m i > < m i >$ $< / m i > < m o s t r e t c h y = " f a l s e " > & # x 00029; < / m o > < m i > C < / m i > < m i > O < / m i > < m i > U < / m i > < m i > N < / m i > < m i > T < / m i > < m i > Y < / m i > < m i > O < / m i > < m i > F < / m i > < m i >$ $< / m i > < m o s t r e t c h y = " f a l s e " > & # x 00029; < / m o > < m i > I < / m i > < m o > & # x 0002 C; < / m o > < m i >$ $< / m i > < m i > d < / m i > < m i > e < / m i > < m i > c < / m i > < m i > l < / m i > < m i > a < / m i > < m i > r < / m i > < m i > e < / m i > < m i > u < / m i > < m i > n < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m i > p < / m i > < m i > e < / m i > < m i > n < / m i > < m i > a < / m i > < m i > l < / m i > < m i > t < / m i > < m i > y < / m i > < m i > o < / m i > < m i > f < / m i > < m i > p < / m i > < m i > e < / m i > < m i > r < / m i > < m i > j < / m i > < m i > u < / m i > < m i > r < / m i > < m i > y < / m i > < m i > u < / m i > < m i > n < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00028; < / m o > < m i > i < / m i > < m i > n < / m i > < m i > s < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > n < / m i > < m i > a < / m i > < m i > m < / m i > < m i > e < / m i > < m i > o < / m i > < m i > f < / m i > < m i > r < / m i > < m i > e < / m i > < m i > c < / m i > < m i > i < / m i > < m i > p < / m i > < m i > i < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > o < / m i > < m i > f < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > d < / m i > < m i > o < / m i > < m i > c < / m i > < m i > u < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00029; < / m o > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > l < / m i > < m i > a < / m i > < m i > w < / m i > < m i > s < / m i > < m i > o < / m i > < m i > f < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m o s t r e t c h y = " f a l s e " > [< / m o > < m i > I < / m i > < m i > D < / m i > < m i > E < / m i > < m i > N < / m i > < m i > T < / m i > < m i > I < / m i > < m i > F < / m i > < m i > Y < / m i > < m i > S < / m i > < m i > T < / m i > < m i > A < / m i > < m i > T < / m i > < m i > E < / m i > < m o > & # x 0002 F; < / m o > < m i > U < / m i > < m i > n < / m i > < m i > i < / m i > < m i > t < / m i > < m i > e < / m i > < m i > d < / m i > < m i > S < / m i > < m i > t < / m i > < m i > a < / m i > < m i > t < / m i > < m i > e < / m i > < m i > s < / m i > < m i > o < / m i > < m i > f < / m i > < m i > A < / m i > < m i > m < / m i > < m i > e < / m i > < m i > r < / m i > < m i > i < / m i > < m i > c < / m i > < m i > a < / m i > < m o s t r e t c h y = " f a l s e " >] < / m o > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > t < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > f < / m i > < m i > o < / m i > < m i > l < / m i > < m i > l < / m i > < m i > o < / m i > < m i > w < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > i < / m i > < m i > s < / m i > < m i > t < / m i > < m i > r < / m i > < m i > u < / m i > < m i > e < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > c < / m i > < m i > o < / m i > < m i > r < / m i > < m i > r < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > : < / m i > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > o < / m i > < m i > l < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > l < / m i > < m i > i < / m i > < m o > & # x 0003 E; < / m o > < m i > M < / m i > < m i > y < / m i > < m i > f < / m i > < m i > u < / m i > < m i > l < / m i > < m i > l < / m i > < m i > n < / m i > < m i > a < / m i > < m i > m < / m i > < m i > e < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > b < / m i > < m i > u < / m i > < m i > s < / m i > < m i > i < / m i > < m i > n < / m i > < m i > e < / m i > < m i > s < / m i > < m i > s < / m i > < m i > a < / m i > < m i > d < / m i > < m i > d < / m i > < m i > r < / m i > < m i > e < / m i > < m i > s < / m i > < m i > s < / m i > < m i > a < / m i > < m i > r < / m i > < m i > e < / m i > < m i > : < / m i > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > l < / m i > < m i > i < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > l < / m i > < m i > i < / m i > < m o > & # x 0003 E; < / m o > < m i > I < / m i > < m i > h < / m i > < m i > a < / m i > < m i > v < / m i > < m i > e < / m i > < m i > r < / m i > < m i > e < / m i > < m i > a < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > f < / m i > < m i > u < / m i > < m i > l < / m i > < m i > l < / m i > < m i > y < / m i > < m i > u < / m i > < m i > n < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m i > s < / m i > < m i > t < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > a < / m i > < m i > t < / m i > < m i > t < / m i > < m i > a < / m i > < m i > c < / m i > < m i > h < / m i > < m i > e < / m i > < m i > d < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > y < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > l < / m i > < m i > i < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > l < / m i > < m i > i < / m i > < m o > & # x 0003 E; < / m o > < m i > I < / m i > < m i > a < / m i > < m i > m < / m i > < m i > f < / m i > < m i > u < / m i > < m i > l < / m i > < m i > l < / m i > < m i > y < / m i > < m i > f < / m i > < m i > a < / m i > < m i > m < / m i > < m i > i < / m i > < m i > l < / m i > < m i > i < / m i > < m i > a < / m i > < m i > r < / m i > < m i > w < / m i > < m i > i < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > g < / m i > < m i > r < / m i > < m i > e < / m i > < m i > e < / m i > < m i > t < / m i > < m i > o < / m i > < m i > c < / m i > < m i > o < / m i > < m i > m < / m i > < m i > p < / m i > < m i > l < / m i > < m i > y < / m i > < m i > w < / m i > < m i > i < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > b < / m i > < m i > e < / m i > < m i > b < / m i > < m i > o < / m i > < m i > u < / m i > < m i > n < / m i > < m i > d < / m i > < m i > b < / m i > < m i > y < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > v < / m i > < m i > i < / m i > < m i > s < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m i > o < / m i > < m i > f < / m i > < m i > s < / m i > < m i > a < / m i > < m i > i < / m i > < m i > d < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > y < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 C; < / m o > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > s < / m i > < m i > u < / m i > < m i > b < / m i > < m i > m < / m i > < m i > i < / m i > < m i > t < / m i > < m i > t < / m i > < m i > o < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > j < / m i > < m i > u < / m i > < m i > r < / m i > < m i > i < / m i > < m i > s < / m i > < m i > d < / m i > < m i > i < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > o < / m i > < m i > f < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > c < / m i > < m i > o < / m i > < m i > u < / m i > < m i > r < / m i > < m i > t < / m i > < m i > i < / m i > < m i > n < / m i > < m i > w < / m i > < m i > h < / m i > < m i > i < / m i > < m i > c < / m i > < m i > h < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > m < / m i > < m i > a < / m i > < m i > t < / m i > < m i > t < / m i > < m i > e < / m i > < m i > r < / m i > < m i > i < / m i > < m i > s < / m i > < m i > p < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > a < / m i > < m i > n < / m i > < m i > y < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > c < / m i > < m i > e < / m i > < m i > e < / m i > < m i > d < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > s < / m i > < m i > w < / m i > < m i > i < / m i > < m i > t < / m i > < m i > h < / m i > < m i > r < / m i > < m i > e < / m i > < m i > s < / m i > < m i > p < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > t < / m i > < m i > o < / m i > < m i > s < / m i > < m i > a < / m i > < m i > i < / m i > < m i > d < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > y < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > l < / m i > < m i > i < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > o < / m i > < m i > l < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m n > 4 < / m n > < m o > & # x 0002 C; < / m o > < m i > I < / m i > < m i > w < / m i > < m i > i < / m i > < m i > l < / m i > < m i > l < / m i > < m i > n < / m i > < m i > o < / m i > < m i > t < / m i > < m i > d < / m i > < m i > i < / m i > < m i > s < / m i > < m i > c < / m i > < m i > u < / m i > < m i > s < / m i > < m i > s < / m i > < m i > o < / m i > < m i > r < / m i > < m i > d < / m i > < m i > i < / m i > < m i > v < / m i > < m i > u < / m i > < m i > l < / m i > < m i > g < / m i > < m i > e < / m i > < m i > t < / m i > < m i > o < / m i > < m i > p < / m i > < m i > e < / m i > < m i > r < / m i > < m i > s < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m i > o < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > h < / m i > < m i > o < / m i > < m i > s < / m i > < m i > e < / m i > < m i > s < / m i > < m i > p < / m i > < m i > e < / m i > < m i > c < / m i > < m i > i < / m i > < m i > f < / m i > < m i > i < / m i > < m i > c < / m i > < m i > a < / m i > < m i > l < / m i > < m i > l < / m i > < m i > y < / m i > < m i > a < / m i > < m i > u < / m i > < m i > t < / m i > < m i > h < / m i > < m i > o < / m i > < m i > r < / m i > < m i > i < / m i > < m i > z < / m i > < m i > e < / m i > < m i > d < / m i > < m i > b < / m i > < m i > y < / m i > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m i > c < / m i > < m i > l < / m i > < m i > a < / m i > < m i > s < / m i > < m i > s < / m i > < m o > & # x 0003 D; < / m o > < m i > " < / m i > < m i > s < / m i > < m i > t < / m i > < m i > a < / m i > < m i > r < / m i > < m o > & # x 02212; < / m o > < m i > p < / m i > < m i > a < / m i > < m i > g < / m i > < m i > i < / m i > < m i > n < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > " < / m i > < m i > s < / m i > < m i > o < / m i > < m i > u < / m i > < m i > r < / m i > < m i > c < / m i > < m i > e < / m i > < m o > & # x 0003 D; < / m o > < m i > " < / m i > < m i > m < / m i > < m i > i < / m i > < m i > d < / m i > < m i > p < / m i > < m i > a < / m i > < m i > g < / m i > < m i > e < / m i > < m o > & # x 02212; < / m o > < m i > o < / m i > < m i > c < / m i > < m i > r < / m i > < m o > & # x 02212; < / m o > < m i > p < / m i > < m i > a < / m i > < m i > r < / m i > < m i > s < / m i > < m i > e < / m i > < m i > r < / m i > < m i > " < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0002 A; < / m o > < m n > 214 < / m n > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > y < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 C; < / m o > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > w < / m i > < m i > i < / m i > < m i > l < / m i > < m i > l < / m i > < m i > n < / m i > < m i > o < / m i > < m i > t < / m i > < m i > c < / m i > < m i > o < / m i > < m i > p < / m i > < m i > y < / m i > < m i > o < / m i > < m i > r < / m i > < m i > u < / m i > < m i > s < / m i > < m i > e < / m i > < m o > & # x 0002 C; < / m o > < m i > e < / m i > < m i > x < / m i > < m i > c < / m i > < m i > e < / m i > < m i > p < / m i > < m i > t < / m i > < m i > s < / m i > < m i > o < / m i > < m i > l < / m i > < m i > e < / m i > < m i > l < / m i > < m i > y < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > p < / m i > < m i > u < / m i > < m i > r < / m i > < m i > p < / m i > < m i > o < / m i > < m i > s < / m i > < m i > e < / m i > < m i > s < / m i > < m i > o < / m i > < m i > f < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > a < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > n < / m i > < m i > o < / m i > < m i > o < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > r < / m i > < m i > p < / m i > < m i > u < / m i > < m i > r < / m i > < m i > p < / m i > < m i > o < / m i > < m i > s < / m i > < m i > e < / m i > < m i > s < / m i > < m o > & # x 0002 C; < / m o > < m i > a < / m i > < m i > n < / m i > < m i > y < / m i > < m i > d < / m i > < m i > o < / m i > < m i > c < / m i > < m i > u < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m o > & # x 0002 C; < / m o > < m i > m < / m i > < m i > a < / m i > < m i > t < / m i > < m i > e < / m i > < m i > r < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > s < / m i > < m i > o < / m i > < m i > r < / m i > < m i > i < / m i > < m i > n < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > m < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > o < / m i > < m i > b < / m i > < m i > t < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > e < / m i > < m i > d < / m i > < m i > p < / m i > < m i > u < / m i > < m i > r < / m i > < m i > s < / m i > < m i > u < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > t < / m i > < m i > o < / m i > < m i > s < / m i > < m i > a < / m i > < m i > i < / m i > < m i > d < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > y < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 E; < / m o > < m n > 5 < / m n > < m o > & # x 0002 E; < / m o > < m i > I < / m i > < m i > w < / m i > < m i > i < / m i > < m i > l < / m i > < m i > l < / m i > < m i > r < / m i > < m i > e < / m i > < m i > t < / m i > < m i > u < / m i > < m i > r < / m i > < m i > n < / m i > < m i > o < / m i > < m i > r < / m i > < m i > i < / m i > < m i > g < / m i > < m i > i < / m i > < m i > n < / m i > < m i > a < / m i > < m i > l < / m i > < m i > c < / m i > < m i > o < / m i > < m i > p < / m i > < m i > i < / m i > < m i > e < / m i > < m i > s < / m i > < m i > o < / m i > < m i > f < / m i > < m i > a < / m i > < m i > l < / m i > < m i > l < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > I < / m i > < m i > n < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > m < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > r < / m i > < m i > e < / m i > < m i > c < / m i > < m i > e < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > d < / m i > < m i > u < / m i > < m i > n < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > y < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 C; < / m o > < m i > t < / m i > < m i > o < / m i > < m i > g < / m i > < m i > e < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > r < / m i > < m i > w < / m i > < m i > i < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > l < / m i > < m i > l < / m i > < m i > r < / m i > < m i > e < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > d < / m i > < m i > u < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > c < / m i > < m i > o < / m i > < m i > p < / m i > < m i > i < / m i > < m i > e < / m i > < m i > s < / m i > < m i > o < / m i > < m i > f < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > I < / m i > < m i > n < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > m < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > t < / m i > < m i > o < / m i > < m i > c < / m i > < m i > o < / m i > < m i > u < / m i > < m i > n < / m i > < m i > s < / m i > < m i > e < / m i > < m i > l < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > t < / m i > < m i > r < / m i > < m i > e < / m i > < m i > t < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > e < / m i > < m i > d < / m i > < m i > m < / m i > < m i > e < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > c < / m i > < m i > a < / m i > < m i > s < / m i > < m i > e < / m i > < m o > & # x 0002 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m i > E < / m i > < m i > X < / m i > < m i > E < / m i > < m i > C < / m i > < m i > U < / m i > < m i > T < / m i > < m i > E < / m i > < m i > D < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i >$ $< / m i > < m i > d < / m i > < m i > a < / m i > < m i > y < / m i > < m i > o < / m i > < m i > f < / m i > < m i >$ $< / m i > < m o > & # x 0002 C; < / m o > < m n > 2015 < / m n > < m o > & # x 0002 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m i > S < / m i > < m i > i < / m i > < m i > g < / m i > < m i > n < / m i > < m i > a < / m i > < m i > t < / m i > < m i > u < / m i > < m i > r < / m i > < m i > e < / m i > < m i > o < / m i > < m i > f < / m i > < m i > D < / m i > < m i > e < / m i > < m i > c < / m i > < m i > l < / m i > < m i > a < / m i > < m i > r < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m i > P < / m i > < m i > r < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > e < / m i > < m i > d < / m i > < m i > N < / m i > < m i > a < / m i > < m i > m < / m i > < m i > e < / m i > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m i > c < / m i > < m i > l < / m i > < m i > a < / m i > < m i > s < / m i > < m i > s < / m i > < m o > & # x 0003 D; < / m o > < m i > " < / m i > < m i > s < / m i > < m i > t < / m i > < m i > a < / m i > < m i > r < / m i > < m o > & # x 02212; < / m o > < m i > p < / m i > < m i > a < / m i > < m i > g < / m i > < m i > i < / m i > < m i > n < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > " < / m i > < m i > s < / m i > < m i > o < / m i > < m i > u < / m i > < m i > r < / m i > < m i > c < / m i > < m i > e < / m i > < m o > & # x 0003 D; < / m o > < m i > " < / m i > < m i > m < / m i > < m i > i < / m i > < m i > d < / m i > < m i > p < / m i > < m i > a < / m i > < m i > g < / m i > < m i > e < / m i > < m o > & # x 02212; < / m o > < m i > o < / m i > < m i > c < / m i > < m i > r < / m i > < m o > & # x 02212; < / m o > < m i > p < / m i > < m i > a < / m i > < m i > r < / m i > < m i > s < / m i > < m i > e < / m i > < m i > r < / m i > < m i > " < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0002 A; < / m o > < m n > 215 < / m n > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > h < / m i > < m n > 2 < / m n > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m i > E < / m i > < m i > X < / m i > < m i > H < / m i > < m i > I < / m i > < m i > B < / m i > < m i > I < / m i > < m i > T < / m i > < m i > " < / m i > < m i > B < / m i > < m i > " < / m i > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > h < / m i > < m n > 2 < / m n > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > h < / m i > < m n > 2 < / m n > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m o s t r e t c h y = " f a l s e " > [< / m o > < m i > A < / m i > < m i > T < / m i > < m i > T < / m i > < m i > A < / m i > < m i > C < / m i > < m i > H < / m i > < m i > F < / m i > < m i > U < / m i > < m i > L < / m i > < m i > L < / m i > < m i > Y < / m i > < m i > E < / m i > < m i > X < / m i > < m i > E < / m i > < m i > C < / m i > < m i > U < / m i > < m i > T < / m i > < m i > E < / m i > < m i > D < / m i > < m i > C < / m i > < m i > O < / m i > < m i > N < / m i > < m i > F < / m i > < m i > I < / m i > < m i > D < / m i > < m i > E < / m i > < m i > N < / m i > < m i > T < / m i > < m i > I < / m i > < m i > A < / m i > < m i > L < / m i > < m i > I < / m i > < m i > T < / m i > < m i > Y < / m i > < m i > A < / m i > < m i > N < / m i > < m i > D < / m i > < m i > P < / m i > < m i > R < / m i > < m i > O < / m i > < m i > T < / m i > < m i > E < / m i > < m i > C < / m i > < m i > T < / m i > < m i > I < / m i > < m i > V < / m i > < m i > E < / m i > < m i > O < / m i > < m i > R < / m i > < m i > D < / m i > < m i > E < / m i > < m i > R < / m i > < m i > T < / m i > < m i > O < / m i > < m i > T < / m i > < m i > H < / m i > < m i > I < / m i > < m i > S < / m i > < m i > A < / m i > < m i > F < / m i > < m i > F < / m i > < m i > I < / m i > < m i > D < / m i > < m i > A < / m i > < m i > V < / m i > < m i > I < / m i > < m i > T < / m i > < m o s t r e t c h y = " f a l s e " >] < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > h < / m i > < m n > 2 < / m n > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > h < / m i > < m n > 2 < / m n > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m i > M < / m i > < m i > D < / m i > < m i > L < / m i > < m i > N < / m i > < m i > O < / m i > < m o > & # x 0002 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > h < / m i > < m n > 2 < / m n > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > h < / m i > < m n > 2 < / m n > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m i > D < / m i > < m i > E < / m i > < m i > C < / m i > < m i > L < / m i > < m i > A < / m i > < m i > R < / m i > < m i > A < / m i > < m i > T < / m i > < m i > I < / m i > < m i > O < / m i > < m i > N < / m i > < m i > O < / m i > < m i > F < / m i > < m o s t r e t c h y = " f a l s e " > [< / m o > < m i > I < / m i > < m i > N < / m i > < m i > S < / m i > < m i > E < / m i > < m i > R < / m i > < m i > T < / m i > < m i > N < / m i > < m i > A < / m i > < m i > M < / m i > < m i > E < / m i > < m i > O < / m i > < m i > F < / m i > < m i > D < / m i > < m i > E < / m i > < m i > C < / m i > < m i > L < / m i > < m i > A < / m i > < m i > R < / m i > < m i > A < / m i > < m i > N < / m i > < m i > T < / m i > < m o s t r e t c h y = " f a l s e " >] < / m o > < m i > R < / m i > < m i > E < / m i > < m i > G < / m i > < m i > A < / m i > < m i > R < / m i > < m i > D < / m i > < m i > I < / m i > < m i > N < / m i > < m i > G < / m i > < m i > C < / m i > < m i > O < / m i > < m i > N < / m i > < m i > F < / m i > < m i > I < / m i > < m i > D < / m i > < m i > E < / m i > < m i > N < / m i > < m i > T < / m i > < m i > I < / m i > < m i > A < / m i > < m i > L < / m i > < m i > I < / m i > < m i > T < / m i > < m i > Y < / m i > < m i > A < / m i > < m i > N < / m i > < m i > D < / m i > < m i > P < / m i > < m i > R < / m i > < m i > O < / m i > < m i > T < / m i > < m i > E < / m i > < m i > C < / m i > < m i > T < / m i > < m i > I < / m i > < m i > V < / m i > < m i > E < / m i > < m i > O < / m i > < m i > R < / m i > < m i > D < / m i > < m i > E < / m i > < m i > R < / m i > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > h < / m i > < m n > 2 < / m n > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m i > S < / m i > < m i > T < / m i > < m i > A < / m i > < m i > T < / m i > < m i > E < / m i > < m i > O < / m i > < m i > F < / m i > < m i >$ $< / m i > < m o s t r e t c h y = " f a l s e " > & # x 00029; < / m o > < m i > C < / m i > < m i > O < / m i > < m i > U < / m i > < m i > N < / m i > < m i > T < / m i > < m i > Y < / m i > < m i > O < / m i > < m i > F < / m i > < m i >$ $< / m i > < m o s t r e t c h y = " f a l s e " > & # x 00029; < / m o > < m i > I < / m i > < m o > & # x 0002 C; < / m o > < m i >$ $< / m i > < m i > d < / m i > < m i > e < / m i > < m i > c < / m i > < m i > l < / m i > < m i > a < / m i > < m i > r < / m i > < m i > e < / m i > < m i > u < / m i > < m i > n < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m i > p < / m i > < m i > e < / m i > < m i > n < / m i > < m i > a < / m i > < m i > l < / m i > < m i > t < / m i > < m i > y < / m i > < m i > o < / m i > < m i > f < / m i > < m i > p < / m i > < m i > e < / m i > < m i > r < / m i > < m i > j < / m i > < m i > u < / m i > < m i > r < / m i > < m i > y < / m i > < m i > u < / m i > < m i > n < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00028; < / m o > < m i > i < / m i > < m i > n < / m i > < m i > s < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > n < / m i > < m i > a < / m i > < m i > m < / m i > < m i > e < / m i > < m i > o < / m i > < m i > f < / m i > < m i > r < / m i > < m i > e < / m i > < m i > c < / m i > < m i > i < / m i > < m i > p < / m i > < m i > i < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > o < / m i > < m i > f < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > d < / m i > < m i > o < / m i > < m i > c < / m i > < m i > u < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00029; < / m o > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > l < / m i > < m i > a < / m i > < m i > w < / m i > < m i > s < / m i > < m i > o < / m i > < m i > f < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m o s t r e t c h y = " f a l s e " > [< / m o > < m i > I < / m i > < m i > D < / m i > < m i > E < / m i > < m i > N < / m i > < m i > T < / m i > < m i > I < / m i > < m i > F < / m i > < m i > Y < / m i > < m i > S < / m i > < m i > T < / m i > < m i > A < / m i > < m i > T < / m i > < m i > E < / m i > < m o > & # x 0002 F; < / m o > < m i > U < / m i > < m i > n < / m i > < m i > i < / m i > < m i > t < / m i > < m i > e < / m i > < m i > d < / m i > < m i > S < / m i > < m i > t < / m i > < m i > a < / m i > < m i > t < / m i > < m i > e < / m i > < m i > s < / m i > < m i > o < / m i > < m i > f < / m i > < m i > A < / m i > < m i > m < / m i > < m i > e < / m i > < m i > r < / m i > < m i > i < / m i > < m i > c < / m i > < m i > a < / m i > < m o s t r e t c h y = " f a l s e " >] < / m o > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > t < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > f < / m i > < m i > o < / m i > < m i > l < / m i > < m i > l < / m i > < m i > o < / m i > < m i > w < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > i < / m i > < m i > s < / m i > < m i > t < / m i > < m i > r < / m i > < m i > u < / m i > < m i > e < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > c < / m i > < m i > o < / m i > < m i > r < / m i > < m i > r < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > : < / m i > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > o < / m i > < m i > l < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > l < / m i > < m i > i < / m i > < m o > & # x 0003 E; < / m o > < m i > I < / m i > < m i > a < / m i > < m i > m < / m i > < m i > c < / m i > < m i > o < / m i > < m i > u < / m i > < m i > n < / m i > < m i > s < / m i > < m i > e < / m i > < m i > l < / m i > < m i > o < / m i > < m i > f < / m i > < m i > r < / m i > < m i > e < / m i > < m i > c < / m i > < m i > o < / m i > < m i > r < / m i > < m i > d < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m o s t r e t c h y = " f a l s e " > [< / m o > < m i > n < / m i > < m i > a < / m i > < m i > m < / m i > < m i > e < / m i > < m i > o < / m i > < m i > f < / m i > < m i > p < / m i > < m i > a < / m i > < m i > r < / m i > < m i > t < / m i > < m i > y < / m i > < m o s t r e t c h y = " f a l s e " >] < / m o > < m o > & # x 0002 E; < / m o > < m i > M < / m i > < m i > y < / m i > < m i > f < / m i > < m i > u < / m i > < m i > l < / m i > < m i > l < / m i > < m i > n < / m i > < m i > a < / m i > < m i > m < / m i > < m i > e < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > b < / m i > < m i > u < / m i > < m i > s < / m i > < m i > i < / m i > < m i > n < / m i > < m i > e < / m i > < m i > s < / m i > < m i > s < / m i > < m i > a < / m i > < m i > d < / m i > < m i > d < / m i > < m i > r < / m i > < m i > e < / m i > < m i > s < / m i > < m i > s < / m i > < m i > a < / m i > < m i > r < / m i > < m i > e < / m i > < m i > : < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00028; < / m o > < m i > i < / m i > < m i > n < / m i > < m i > s < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > n < / m i > < m i > a < / m i > < m i > m < / m i > < m i > e < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > d < / m i > < m i > d < / m i > < m i > r < / m i > < m i > e < / m i > < m i > s < / m i > < m i > s < / m i > < m i > o < / m i > < m i > f < / m i > < m i > r < / m i > < m i > e < / m i > < m i > c < / m i > < m i > i < / m i > < m i > p < / m i > < m i > i < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > o < / m i > < m i > f < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > d < / m i > < m i > o < / m i > < m i > c < / m i > < m i > u < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00029; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > l < / m i > < m i > i < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > l < / m i > < m i > i < / m i > < m o > & # x 0003 E; < / m o > < m i > I < / m i > < m i > a < / m i > < m i > m < / m i > < m i > b < / m i > < m i > o < / m i > < m i > u < / m i > < m i > n < / m i > < m i > d < / m i > < m i > b < / m i > < m i > y < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > t < / m i > < m i > e < / m i > < m i > r < / m i > < m i > m < / m i > < m i > s < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > d < / m i > < m i > i < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m i > o < / m i > < m i > f < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > y < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 E; < / m o > < m i > I < / m i > < m i > a < / m i > < m i > c < / m i > < m i > k < / m i > < m i > n < / m i > < m i > o < / m i > < m i > w < / m i > < m i > l < / m i > < m i > e < / m i > < m i > d < / m i > < m i > g < / m i > < m i > e < / m i > < m i > d < / m i > < m i > m < / m i > < m i > y < / m i > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > t < / m i > < m i > o < / m i > < m i > b < / m i > < m i > e < / m i > < m i > s < / m i > < m i > o < / m i > < m i > b < / m i > < m i > o < / m i > < m i > u < / m i > < m i > n < / m i > < m i > d < / m i > < m i > b < / m i > < m i > y < / m i > < m i > e < / m i > < m i > x < / m i > < m i > e < / m i > < m i > c < / m i > < m i > u < / m i > < m i > t < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > a < / m i > < m i > t < / m i > < m i > t < / m i > < m i > a < / m i > < m i > c < / m i > < m i > h < / m i > < m i > e < / m i > < m i > d < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > y < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > l < / m i > < m i > i < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > l < / m i > < m i > i < / m i > < m o > & # x 0003 E; < / m o > < m i > P < / m i > < m i > u < / m i > < m i > r < / m i > < m i > s < / m i > < m i > u < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > t < / m i > < m i > o < / m i > < m i > P < / m i > < m i > a < / m i > < m i > r < / m i > < m i > a < / m i > < m i > g < / m i > < m i > r < / m i > < m i > a < / m i > < m i > p < / m i > < m i > h < / m i > < m n > 12 < / m n > < m i > o < / m i > < m i > f < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > y < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m i > a < / m i > < m i > t < / m i > < m i > t < / m i > < m i > a < / m i > < m i > c < / m i > < m i > h < / m i > < m i > e < / m i > < m i > d < / m i > < m i > h < / m i > < m i > e < / m i > < m i > r < / m i > < m i > e < / m i > < m i > t < / m i > < m i > o < / m i > < m o > & # x 0002 C; < / m o > < m i > I < / m i > < m i > a < / m i > < m i > c < / m i > < m i > k < / m i > < m i > n < / m i > < m i > o < / m i > < m i > w < / m i > < m i > l < / m i > < m i > e < / m i > < m i > d < / m i > < m i > g < / m i > < m i > e < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > t < / m i > < m i > I < / m i > < m i > a < / m i > < m i > m < / m i > < m i > o < / m i > < m i > b < / m i > < m i > l < / m i > < m i > i < / m i > < m i > g < / m i > < m i > a < / m i > < m i > t < / m i > < m i > e < / m i > < m i > d < / m i > < m i > t < / m i > < m i > o < / m i > < m i > r < / m i > < m i > e < / m i > < m i > t < / m i > < m i > u < / m i > < m i > r < / m i > < m i > n < / m i > < m i > o < / m i > < m i > r < / m i > < m i > i < / m i > < m i > g < / m i > < m i > i < / m i > < m i > n < / m i > < m i > a < / m i > < m i > l < / m i > < m i > c < / m i > < m i > o < / m i > < m i > p < / m i > < m i > i < / m i > < m i > e < / m i > < m i > s < / m i > < m i > o < / m i > < m i > f < / m i > < m i > a < / m i > < m i > l < / m i > < m i > l < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > I < / m i > < m i > n < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > m < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > l < / m i > < m i > i < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > o < / m i > < m i > l < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m i > c < / m i > < m i > l < / m i > < m i > a < / m i > < m i > s < / m i > < m i > s < / m i > < m o > & # x 0003 D; < / m o > < m i > " < / m i > < m i > s < / m i > < m i > t < / m i > < m i > a < / m i > < m i > r < / m i > < m o > & # x 02212; < / m o > < m i > p < / m i > < m i > a < / m i > < m i > g < / m i > < m i > i < / m i > < m i > n < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > " < / m i > < m i > s < / m i > < m i > o < / m i > < m i > u < / m i > < m i > r < / m i > < m i > c < / m i > < m i > e < / m i > < m o > & # x 0003 D; < / m o > < m i > " < / m i > < m i > m < / m i > < m i > i < / m i > < m i > d < / m i > < m i > p < / m i > < m i > a < / m i > < m i > g < / m i > < m i > e < / m i > < m o > & # x 02212; < / m o > < m i > o < / m i > < m i > c < / m i > < m i > r < / m i > < m o > & # x 02212; < / m o > < m i > p < / m i > < m i > a < / m i > < m i > r < / m i > < m i > s < / m i > < m i > e < / m i > < m i > r < / m i > < m i > " < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0002 A; < / m o > < m n > 216 < / m n > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m i > r < / m i > < m i > e < / m i > < m i > c < / m i > < m i > e < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > d < / m i > < m i > u < / m i > < m i > n < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > y < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 C; < / m o > < m i > t < / m i > < m i > o < / m i > < m i > g < / m i > < m i > e < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > r < / m i > < m i > w < / m i > < m i > i < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > l < / m i > < m i > l < / m i > < m i > r < / m i > < m i > e < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > d < / m i > < m i > u < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > c < / m i > < m i > o < / m i > < m i > p < / m i > < m i > i < / m i > < m i > e < / m i > < m i > s < / m i > < m i > o < / m i > < m i > f < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > I < / m i > < m i > n < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > m < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > w < / m i > < m i > i < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > r < / m i > < m i > t < / m i > < m i > y < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00028; < / m o > < m n > 30 < / m n > < m o s t r e t c h y = " f a l s e " > & # x 00029; < / m o > < m i > d < / m i > < m i > a < / m i > < m i > y < / m i > < m i > s < / m i > < m i > f < / m i > < m i > r < / m i > < m i > o < / m i > < m i > m < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > r < / m i > < m i > y < / m i > < m i > o < / m i > < m i > f < / m i > < m i > f < / m i > < m i > i < / m i > < m i > n < / m i > < m i > a < / m i > < m i > l < / m i > < m i > j < / m i > < m i > u < / m i > < m i > d < / m i > < m i > g < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m o > & # x 0002 C; < / m o > < m i > s < / m i > < m i > e < / m i > < m i > t < / m i > < m i > t < / m i > < m i > l < / m i > < m i > e < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m o > & # x 0002 C; < / m o > < m i > o < / m i > < m i > r < / m i > < m i > d < / m i > < m i > i < / m i > < m i > s < / m i > < m i > m < / m i > < m i > i < / m i > < m i > s < / m i > < m i > s < / m i > < m i > a < / m i > < m i > l < / m i > < m i > i < / m i > < m i > n < / m i > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > n < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > w < / m i > < m i > i < / m i > < m i > t < / m i > < m i > h < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > a < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m o > & # x 0002 E; < / m o > < m n > 4 < / m n > < m o > & # x 0002 E; < / m o > < m i > I < / m i > < m i > c < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > y < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > t < / m i > < m i > I < / m i > < m i > h < / m i > < m i > a < / m i > < m i > v < / m i > < m i > e < / m i > < m i > r < / m i > < m i > e < / m i > < m i > t < / m i > < m i > u < / m i > < m i > r < / m i > < m i > n < / m i > < m i > e < / m i > < m i > d < / m i > < m i > o < / m i > < m i > r < / m i > < m i > i < / m i > < m i > g < / m i > < m i > i < / m i > < m i > n < / m i > < m i > a < / m i > < m i > l < / m i > < m i > c < / m i > < m i > o < / m i > < m i > p < / m i > < m i > i < / m i > < m i > e < / m i > < m i > s < / m i > < m i > o < / m i > < m i > f < / m i > < m i > a < / m i > < m i > l < / m i > < m i > l < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > I < / m i > < m i > n < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > m < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > r < / m i > < m i > e < / m i > < m i > c < / m i > < m i > e < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > d < / m i > < m i > u < / m i > < m i > n < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > y < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 C; < / m o > < m i > t < / m i > < m i > o < / m i > < m i > g < / m i > < m i > e < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > r < / m i > < m i > w < / m i > < m i > i < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > l < / m i > < m i > l < / m i > < m i > r < / m i > < m i > e < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > d < / m i > < m i > u < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > c < / m i > < m i > o < / m i > < m i > p < / m i > < m i > i < / m i > < m i > e < / m i > < m i > s < / m i > < m i > o < / m i > < m i > f < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > I < / m i > < m i > n < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > m < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > t < / m i > < m i > o < / m i > < m i > c < / m i > < m i > o < / m i > < m i > u < / m i > < m i > n < / m i > < m i > s < / m i > < m i > e < / m i > < m i > l < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > D < / m i > < m i > e < / m i > < m i > f < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m o > & # x 0002 E; < / m o > < m n > 5 < / m n > < m o > & # x 0002 E; < / m o > < m i > I < / m i > < m i > c < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > y < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > t < / m i > < m i > I < / m i > < m i > h < / m i > < m i > a < / m i > < m i > v < / m i > < m i > e < / m i > < m i > r < / m i > < m i > e < / m i > < m i > c < / m i > < m i > e < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > d < / m i > < m i > a < / m i > < m i > l < / m i > < m i > l < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > I < / m i > < m i > n < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > m < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > D < / m i > < m i > o < / m i > < m i > c < / m i > < m i > u < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > v < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > d < / m i > < m i > t < / m i > < m i > o < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > e < / m i > < m i > x < / m i > < m i > p < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > s < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m i > u < / m i > < m i > l < / m i > < m i > t < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > h < / m i > < m i > i < / m i > < m i > r < / m i > < m i > e < / m i > < m i > d < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > a < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > o < / m i > < m i > n < / m i > < m i > b < / m i > < m i > e < / m i > < m i > h < / m i > < m i > a < / m i > < m i > l < / m i > < m i > f < / m i > < m i > o < / m i > < m i > f < / m i > < m i > m < / m i > < m i > y < / m i > < m i > c < / m i > < m i > l < / m i > < m i > i < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00028; < / m o > < m i > s < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00029; < / m o > < m o > & # x 0002 E; < / m o > < m i > I < / m i > < m i > f < / m i > < m i > u < / m i > < m i > r < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > r < / m i > < m i > c < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > y < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > t < / m i > < m i > I < / m i > < m i > h < / m i > < m i > a < / m i > < m i > v < / m i > < m i > e < / m i > < m i > r < / m i > < m i > e < / m i > < m i > t < / m i > < m i > u < / m i > < m i > r < / m i > < m i > n < / m i > < m i > e < / m i > < m i > d < / m i > < m i > s < / m i > < m i > u < / m i > < m i > c < / m i > < m i > h < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > I < / m i > < m i > n < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > m < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m o > & # x 0002 C; < / m o > < m i > t < / m i > < m i > o < / m i > < m i > g < / m i > < m i > e < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > r < / m i > < m i > w < / m i > < m i > i < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > l < / m i > < m i > l < / m i > < m i > r < / m i > < m i > e < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > d < / m i > < m i > u < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > c < / m i > < m i > o < / m i > < m i > p < / m i > < m i > i < / m i > < m i > e < / m i > < m i > s < / m i > < m i > o < / m i > < m i > f < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > I < / m i > < m i > n < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > m < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m o > & # x 0002 C; < / m o > < m i > t < / m i > < m i > o < / m i > < m i > c < / m i > < m i > o < / m i > < m i > u < / m i > < m i > n < / m i > < m i > s < / m i > < m i > e < / m i > < m i > l < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > D < / m i > < m i > e < / m i > < m i > f < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m o > & # x 0002 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m i > E < / m i > < m i > X < / m i > < m i > E < / m i > < m i > C < / m i > < m i > U < / m i > < m i > T < / m i > < m i > E < / m i > < m i > D < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i >$ $< / m i > < m i > d < / m i > < m i > a < / m i > < m i > y < / m i > < m i > o < / m i > < m i > f < / m i > < m i >$ $< / m i > < m o > & # x 0002 C; < / m o > < m n > 2013 < / m n > < m o > & # x 0002 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m i > S < / m i > < m i > i < / m i > < m i > g < / m i > < m i > n < / m i > < m i > a < / m i > < m i > t < / m i > < m i > u < / m i > < m i > r < / m i > < m i > e < / m i > < m i > o < / m i > < m i > f < / m i > < m i > D < / m i > < m i > e < / m i > < m i > c < / m i > < m i > l < / m i > < m i > a < / m i > < m i > r < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m i > P < / m i > < m i > r < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > e < / m i > < m i > d < / m i > < m i > N < / m i > < m i > a < / m i > < m i > m < / m i > < m i > e < / m i > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m i > c < / m i > < m i > l < / m i > < m i > a < / m i > < m i > s < / m i > < m i > s < / m i > < m o > & # x 0003 D; < / m o > < m i > " < / m i > < m i > s < / m i > < m i > t < / m i > < m i > a < / m i > < m i > r < / m i > < m o > & # x 02212; < / m o > < m i > p < / m i > < m i > a < / m i > < m i > g < / m i > < m i > i < / m i > < m i > n < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > " < / m i > < m i > s < / m i > < m i > o < / m i > < m i > u < / m i > < m i > r < / m i > < m i > c < / m i > < m i > e < / m i > < m o > & # x 0003 D; < / m o > < m i > " < / m i > < m i > m < / m i > < m i > i < / m i > < m i > d < / m i > < m i > p < / m i > < m i > a < / m i > < m i > g < / m i > < m i > e < / m i > < m o > & # x 02212; < / m o > < m i > o < / m i > < m i > c < / m i > < m i > r < / m i > < m o > & # x 02212; < / m o > < m i > p < / m i > < m i > a < / m i > < m i > r < / m i > < m i > s < / m i > < m i > e < / m i > < m i > r < / m i > < m i > " < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0002 A; < / m o > < m n > 217 < / m n > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m i > : < / m i > < m o > & # x 02212; < / m o > < m o > & # x 02212; < / m o > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m i > : < / m i > < m o > & # x 02212; < / m o > < m o > & # x 02212; < / m o > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m i > I < / m i > < m i > N < / m i > < m i > R < / m i > < m i > E < / m i > < m i > K < / m i > < m i > O < / m i > < m i > O < / m i > < m i > L < / m i > < m i > S < / m i > < m i > M < / m i > < m i > I < / m i > < m i > L < / m i > < m i > E < / m i > < m i > S < / m i > < m i > D < / m i > < m i > E < / m i > < m i > N < / m i > < m i > T < / m i > < m i > A < / m i > < m i > L < / m i > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m i > L < / m i > < m i > I < / m i > < m i > T < / m i > < m i > I < / m i > < m i > G < / m i > < m i > A < / m i > < m i > T < / m i > < m i > I < / m i > < m i > O < / m i > < m i > N < / m i > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m o s t r e t c h y = " f a l s e " > & # x 0007 C; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > h < / m i > < m n > 2 < / m n > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m i > D < / m i > < m i > E < / m i > < m i > F < / m i > < m i > E < / m i > < m i > N < / m i > < m i > D < / m i > < m i > A < / m i > < m i > N < / m i > < m i > T < / m i > < m s u p > < m i > S < / m i > < m i > & # x 02032; < / m i > < / m s u p > < m i > R < / m i > < m i > E < / m i > < m i > S < / m i > < m i > P < / m i > < m i > O < / m i > < m i > N < / m i > < m i > S < / m i > < m i > E < / m i > < m i > T < / m i > < m i > O < / m i > < m i > P < / m i > < m i > L < / m i > < m i > A < / m i > < m i > I < / m i > < m i > N < / m i > < m i > T < / m i > < m i > I < / m i > < m i > F < / m i > < m i > F < / m i > < m s u p > < m i > S < / m i > < m i > & # x 02032; < / m i > < / m s u p > < m i > M < / m i > < m i > E < / m i > < m i > M < / m i > < m i > O < / m i > < m i > R < / m i > < m i > A < / m i > < m i > N < / m i > < m i > D < / m i > < m i > U < / m i > < m i > M < / m i > < m i > O < / m i > < m i > F < / m i > < m i > L < / m i > < m i > A < / m i > < m i > W < / m i > < m i > R < / m i > < m i > E < / m i > < m i > G < / m i > < m i > A < / m i > < m i > R < / m i > < m i > D < / m i > < m i > I < / m i > < m i > N < / m i > < m i > G < / m i > < m i > P < / m i > < m i > L < / m i > < m i > A < / m i > < m i > I < / m i > < m i > N < / m i > < m i > T < / m i > < m i > I < / m i > < m i > F < / m i > < m i > F < / m i > < m s u p > < m i > S < / m i > < m i > & # x 02032; < / m i > < / m s u p > < m i > M < / m i > < m i > O < / m i > < m i > T < / m i > < m i > I < / m i > < m i > O < / m i > < m i > N < / m i > < m i > T < / m i > < m i > O < / m i > < m i > A < / m i > < m i > M < / m i > < m i > E < / m i > < m i > N < / m i > < m i > D < / m i > < m i > C < / m i > < m i > O < / m i > < m i > N < / m i > < m i > F < / m i > < m i > I < / m i > < m i > D < / m i > < m i > E < / m i > < m i > N < / m i > < m i > T < / m i > < m i > I < / m i > < m i > A < / m i > < m i > L < / m i > < m i > I < / m i > < m i > T < / m i > < m i > Y < / m i > < m i > A < / m i > < m i > G < / m i > < m i > R < / m i > < m i > E < / m i > < m i > E < / m i > < m i > M < / m i > < m i > E < / m i > < m i > N < / m i > < m i > T < / m i > < m i > A < / m i > < m i > N < / m i > < m i > D < / m i > < m i > P < / m i > < m i > R < / m i > < m i > O < / m i > < m i > T < / m i > < m i > E < / m i > < m i > C < / m i > < m i > T < / m i > < m i > I < / m i > < m i > V < / m i > < m i > E < / m i > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > h < / m i > < m n > 2 < / m n > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m i > D < / m i > < m i > e < / m i > < m i > f < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > B < / m i > < m i > e < / m i > < m i > n < / m i > < m i > e < / m i > < m i > v < / m i > < m i > i < / m i > < m i > s < / m i > < m i > L < / m i > < m i > L < / m i > < m i > C < / m i > < m o > & # x 0002 C; < / m o > < m i > f < / m i > < m o > & # x 0002 F; < / m o > < m i > k < / m i > < m o > & # x 0002 F; < / m o > < m i > a < / m i > < m i > N < / m i > < m i > C < / m i > < m i > D < / m i > < m i > R < / m i > < m o > & # x 0002 C; < / m o > < m i > L < / m i > < m i > L < / m i > < m i > C < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00028; < / m o > < m i > " < / m i > < m i > B < / m i > < m i > e < / m i > < m i > n < / m i > < m i > e < / m i > < m i > v < / m i > < m i > i < / m i > < m i > s < / m i > < m i > " < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00029; < / m o > < m o > & # x 0002 C; < / m o > < m i > K < / m i > < m i > o < / m i > < m i > o < / m i > < m i > l < / m i > < m i > S < / m i > < m i > m < / m i > < m i > i < / m i > < m i > l < / m i > < m i > e < / m i > < m i > s < / m i > < m o > & # x 0002 C; < / m o > < m i > P < / m i > < m o > & # x 0002 E; < / m o > < m i > C < / m i > < m o > & # x 0002 E; < / m o > < m o s t r e t c h y = " f a l s e " > & # x 00028; < / m o > < m i > " < / m i > < m i > K < / m i > < m i > S < / m i > < m i > P < / m i > < m i > C < / m i > < m i > " < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00029; < / m o > < m o > & # x 0002 C; < / m o > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > D < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > s < / m i > < m i > t < / m i > < m i > r < / m i > < m i > y < / m i > < m i > o < / m i > < m i > f < / m i > < m i > B < / m i > < m i > r < / m i > < m i > o < / m i > < m i > w < / m i > < m i > n < / m i > < m i > s < / m i > < m i > v < / m i > < m i > i < / m i > < m i > l < / m i > < m i > l < / m i > < m i > e < / m i > < m o > & # x 0002 C; < / m o > < m i > P < / m i > < m o > & # x 0002 E; < / m o > < m i > C < / m i > < m o > & # x 0002 E; < / m o > < m o s t r e t c h y = " f a l s e " > & # x 00028; < / m o > < m i > " < / m i > < m i > D < / m i > < m i > O < / m i > < m i > B < / m i > < m i > " < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00029; < / m o > < m o > & # x 0002 C; < / m o > < m i > a < / m i > < m i > l < / m i > < m i > o < / m i > < m i > n < / m i > < m i > g < / m i > < m i > w < / m i > < m i > i < / m i > < m i > t < / m i > < m i > h < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > i < / m i > < m i > n < / m i > < m i > d < / m i > < m i > i < / m i > < m i > v < / m i > < m i > i < / m i > < m i > d < / m i > < m i > u < / m i > < m i > a < / m i > < m i > l < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > s < / m i > < m i > t < / m i > < m i > s < / m i > < m o > & # x 0003 C; < / m o > < m i > s < / m i > < m i > u < / m i > < m i > p < / m i > < m i > c < / m i > < m i > l < / m i > < m i > a < / m i > < m i > s < / m i > < m i > s < / m i > < m o > & # x 0003 D; < / m o > < m i > " < / m i > < m i > m < / m i > < m i > i < / m i > < m i > d < / m i > < m i > p < / m i > < m i > a < / m i > < m i > g < / m i > < m s u b > < m i > e < / m i > < m i > f < / m i > < / m s u b > < m i > o < / m i > < m i > o < / m i > < m i > t < / m i > < m i > n < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > m < / m i > < m i > a < / m i > < m i > r < / m i > < m s u b > < m i > k < / m i > < m n > 1 < / m n > < / m s u b > < m i > " < / m i > < m o > & # x 0003 E; < / m o > < m o s t r e t c h y = " f a l s e " > [< / m o > < m n > 1 < / m n > < m o s t r e t c h y = " f a l s e " >] < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > s < / m i > < m i > u < / m i > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m i > n < / m i > < m i > a < / m i > < m i > m < / m i > < m i > e < / m i > < m i > d < / m i > < m i > a < / m i > < m i > s < / m i > < m i > D < / m i > < m i > e < / m i > < m i > f < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > i < / m i > < m i > n < / m i > < m i > a < / m i > < m i > l < / m i > < m i > l < / m i > < m i > c < / m i > < m i > a < / m i > < m i > s < / m i > < m i > e < / m i > < m i > s < / m i > < m i > t < / m i > < m i > r < / m i > < m i > a < / m i > < m i > n < / m i > < m i > s < / m i > < m i > f < / m i > < m i > e < / m i > < m i > r < / m i > < m i > r < / m i > < m i > e < / m i > < m i > d < / m i > < m i > t < / m i > < m i > o < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > m < / m i > < m i > u < / m i > < m i > l < / m i > < m i > t < / m i > < m i > i < / m i > < m i > d < / m i > < m i > i < / m i > < m i > s < / m i > < m i > t < / m i > < m i > r < / m i > < m i > i < / m i > < m i > c < / m i > < m i > t < / m i > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > i < / m i > < m i > g < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > p < / m i > < m i > r < / m i > < m i > e < / m i > < m i > t < / m i > < m i > r < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > C < / m i > < m i > o < / m i > < m i > u < / m i > < m i > r < / m i > < m i > t < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00028; < / m o > < m i > " < / m i > < m i > D < / m i > < m i > e < / m i > < m i > f < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > " < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00029; < / m o > < m o > & # x 0002 C; < / m o > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > v < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > f < / m i > < m i > o < / m i > < m i > l < / m i > < m i > l < / m i > < m i > o < / m i > < m i > w < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > r < / m i > < m i > e < / m i > < m i > s < / m i > < m i > p < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m i > e < / m i > < m i > t < / m i > < m i > o < / m i > < m i > P < / m i > < m i > l < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > f < / m i > < m s u p > < m i > s < / m i > < m i > & # x 02032; < / m i > < / m s u p > < m i > M < / m i > < m i > e < / m i > < m i > m < / m i > < m i > o < / m i > < m i > r < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > u < / m i > < m i > m < / m i > < m i > o < / m i > < m i > f < / m i > < m i > L < / m i > < m i > a < / m i > < m i > w < / m i > < m i > R < / m i > < m i > e < / m i > < m i > g < / m i > < m i > a < / m i > < m i > r < / m i > < m i > d < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > P < / m i > < m i > l < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > f < / m i > < m s u p > < m i > s < / m i > < m i > & # x 02032; < / m i > < / m s u p > < m i > M < / m i > < m i > o < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > t < / m i > < m i > o < / m i > < m i > A < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > y < / m i > < m i > A < / m i > < m i > g < / m i > < m i > r < / m i > < m i > e < / m i > < m i > e < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00028; < / m o > < m i > " < / m i > < m i > B < / m i > < m i > r < / m i > < m i > i < / m i > < m i > e < / m i > < m i > f < / m i > < m i > " < / m i > < m o s t r e t c h y = " f a l s e " > & # x 00029; < / m o > < m o > & # x 0002 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > h < / m i > < m n > 2 < / m n > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m i > I < / m i > < m o > & # x 0002 E; < / m o > < m i > S < / m i > < m i > U < / m i > < m i > M < / m i > < m i > M < / m i > < m i > A < / m i > < m i > R < / m i > < m i > Y < / m i > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > h < / m i > < m n > 2 < / m n > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m i > P < / m i > < m i > l < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > f < / m i > < m i > s < / m i > < m i > ’ < / m i > < m i > M < / m i > < m i > e < / m i > < m i > m < / m i > < m i > o < / m i > < m i > r < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > u < / m i > < m i > m < / m i > < m i > o < / m i > < m i > f < / m i > < m i > L < / m i > < m i > a < / m i > < m i > w < / m i > < m i > p < / m i > < m i > r < / m i > < m i > e < / m i > < m i > s < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > n < / m i > < m i > o < / m i > < m i > a < / m i > < m i > d < / m i > < m i > d < / m i > < m i > i < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > a < / m i > < m i > l < / m i > < m i > l < / m i > < m i > a < / m i > < m i > w < / m i > < m i > o < / m i > < m i > r < / m i > < m i > a < / m i > < m i > r < / m i > < m i > g < / m i > < m i > u < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > r < / m i > < m i > e < / m i > < m i > l < / m i > < m i > a < / m i > < m i > t < / m i > < m i > e < / m i > < m i > d < / m i > < m i > t < / m i > < m i > o < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > p < / m i > < m i > e < / m i > < m i > r < / m i > < m i > s < / m i > < m i > c < / m i > < m i > o < / m i > < m i > p < / m i > < m i > e < / m i > < m i > o < / m i > < m i > f < / m i > < m i > s < / m i > < m i > h < / m i > < m i > a < / m i > < m i > r < / m i > < m i > e < / m i > < m i > d < / m i > < m i > d < / m i > < m i > i < / m i > < m i > s < / m i > < m i > c < / m i > < m i > o < / m i > < m i > v < / m i > < m i > e < / m i > < m i > r < / m i > < m i > y < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > c < / m i > < m i > a < / m i > < m i > s < / m i > < m i > e < / m i > < m o > & # x 0002 E; < / m o > < m i > P < / m i > < m i > l < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > f < / m i > < m i > s < / m i > < m i > i < / m i > < m i > n < / m i > < m i > s < / m i > < m i > i < / m i > < m i > s < / m i > < m i > t < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > t < / m i > < m i > D < / m i > < m i > e < / m i > < m i > f < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > a < / m i > < m i > r < / m i > < m i > e < / m i > < m i > s < / m i > < m i > o < / m i > < m i > m < / m i > < m i > e < / m i > < m i > h < / m i > < m i > o < / m i > < m i > w < / m i > < m i > f < / m i > < m i > r < / m i > < m i > u < / m i > < m i > s < / m i > < m i > t < / m i > < m i > r < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > d < / m i > < m i > i < / m i > < m i > s < / m i > < m i > c < / m i > < m i > o < / m i > < m i > v < / m i > < m i > e < / m i > < m i > r < / m i > < m i > y < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > c < / m i > < m i > e < / m i > < m i > s < / m i > < m i > s < / m i > < m o > & # x 0002 C; < / m o > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > i < / m i > < m i > n < / m i > < m i > d < / m i > < m i > o < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > s < / m i > < m i > o < / m i > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > n < / m i > < m i > u < / m i > < m i > e < / m i > < m i > t < / m i > < m i > o < / m i > < m i > m < / m i > < m i > i < / m i > < m i > s < / m i > < m i > c < / m i > < m i > h < / m i > < m i > a < / m i > < m i > r < / m i > < m i > a < / m i > < m i > c < / m i > < m i > t < / m i > < m i > e < / m i > < m i > r < / m i > < m i > i < / m i > < m i > z < / m i > < m i > e < / m i > < m i > D < / m i > < m i > e < / m i > < m i > f < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > ’ < / m i > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > d < / m i > < m i > u < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > n < / m i > < m i > p < / m i > < m i > r < / m i > < m i > e < / m i > < m i > p < / m i > < m i > a < / m i > < m i > r < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > d < / m i > < m i > u < / m i > < m i > c < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > d < / m i > < m i > o < / m i > < m i > c < / m i > < m i > u < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m o > & # x 0002 E; < / m o > < m i > P < / m i > < m i > l < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > f < / m i > < m i > s < / m i > < m i > d < / m i > < m i > o < / m i > < m i > n < / m i > < m i > o < / m i > < m i > t < / m i > < m o > & # x 0002 C; < / m o > < m i > h < / m i > < m i > o < / m i > < m i > w < / m i > < m i > e < / m i > < m i > v < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 C; < / m o > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > t < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > t < / m i > < m i > D < / m i > < m i > e < / m i > < m i > f < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > h < / m i > < m i > a < / m i > < m i > v < / m i > < m i > e < / m i > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > c < / m i > < m i > e < / m i > < m i > a < / m i > < m i > l < / m i > < m i > e < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > y < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > d < / m i > < m i > i < / m i > < m i > s < / m i > < m i > c < / m i > < m i > o < / m i > < m i > v < / m i > < m i > e < / m i > < m i > r < / m i > < m i > y < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > c < / m i > < m i > e < / m i > < m i > s < / m i > < m i > s < / m i > < m i > o < / m i > < m i > r < / m i > < m i > p < / m i > < m i > r < / m i > < m i > e < / m i > < m i > j < / m i > < m i > u < / m i > < m i > d < / m i > < m i > i < / m i > < m i > c < / m i > < m i > e < / m i > < m i > d < / m i > < m i > P < / m i > < m i > l < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > f < / m i > < m i > s < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > M < / m i > < m i > D < / m i > < m i > L < / m i > < m i > i < / m i > < m i > n < / m i > < m i > a < / m i > < m i > n < / m i > < m i > y < / m i > < m i > s < / m i > < m i > p < / m i > < m i > e < / m i > < m i > c < / m i > < m i > i < / m i > < m i > f < / m i > < m i > i < / m i > < m i > c < / m i > < m i > w < / m i > < m i > a < / m i > < m i > y < / m i > < m o > & # x 0002 E; < / m o > < m i > S < / m i > < m i > i < / m i > < m i > m < / m i > < m i > p < / m i > < m i > l < / m i > < m i > y < / m i > < m i > p < / m i > < m i > u < / m i > < m i > t < / m i > < m o > & # x 0002 C; < / m o > < m i > n < / m i > < m i > o < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > a < / m i > < m i > b < / m i > < m i > o < / m i > < m i > u < / m i > < m i > t < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > d < / m i > < m i > e < / m i > < m i > b < / m i > < m i > a < / m i > < m i > t < / m i > < m i > e < / m i > < m i > o < / m i > < m i > v < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m i > a < / m i > < m i > d < / m i > < m i > v < / m i > < m i > a < / m i > < m i > n < / m i > < m i > c < / m i > < m i > e < / m i > < m i > s < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > M < / m i > < m i > D < / m i > < m i > L < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > c < / m i > < m i > e < / m i > < m i > e < / m i > < m i > d < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > i < / m i > < m i > n < / m i > < m i > a < / m i > < m i > n < / m i > < m i > y < / m i > < m i > w < / m i > < m i > a < / m i > < m i > y < / m i > < m o > & # x 0002 E; < / m o > < m i > R < / m i > < m i > a < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 C; < / m o > < m i > i < / m i > < m i > t < / m i > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > c < / m i > < m i > e < / m i > < m i > r < / m i > < m i > n < / m i > < m i > s < / m i > < m i > m < / m i > < m i > a < / m i > < m i > t < / m i > < m i > t < / m i > < m i > e < / m i > < m i > r < / m i > < m i > s < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > p < / m i > < m i > e < / m i > < m i > o < / m i > < m i > p < / m i > < m i > l < / m i > < m i > e < / m i > < m i > n < / m i > < m i > o < / m i > < m i > t < / m i > < m i > b < / m i > < m i > e < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > e < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > C < / m i > < m i > o < / m i > < m i > u < / m i > < m i > r < / m i > < m i > t < / m i > < m o > & # x 0002 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m i > c < / m i > < m i > l < / m i > < m i > a < / m i > < m i > s < / m i > < m i > s < / m i > < m o > & # x 0003 D; < / m o > < m i > " < / m i > < m i > s < / m i > < m i > t < / m i > < m i > a < / m i > < m i > r < / m i > < m o > & # x 02212; < / m o > < m i > p < / m i > < m i > a < / m i > < m i > g < / m i > < m i > i < / m i > < m i > n < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > " < / m i > < m i > s < / m i > < m i > o < / m i > < m i > u < / m i > < m i > r < / m i > < m i > c < / m i > < m i > e < / m i > < m o > & # x 0003 D; < / m o > < m i > " < / m i > < m i > m < / m i > < m i > i < / m i > < m i > d < / m i > < m i > p < / m i > < m i > a < / m i > < m i > g < / m i > < m i > e < / m i > < m o > & # x 02212; < / m o > < m i > o < / m i > < m i > c < / m i > < m i > r < / m i > < m o > & # x 02212; < / m o > < m i > p < / m i > < m i > a < / m i > < m i > r < / m i > < m i > s < / m i > < m i > e < / m i > < m i > r < / m i > < m i > " < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0002 A; < / m o > < m n > 218 < / m n > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > h < / m i > < m n > 2 < / m n > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m n > 1 < / m n > < m o > & # x 0002 E; < / m o > < m i > D < / m i > < m i > e < / m i > < m i > f < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > H < / m i > < m i > a < / m i > < m i > v < / m i > < m i > e < / m i > < m i > A < / m i > < m i > c < / m i > < m i > t < / m i > < m i > e < / m i > < m i > d < / m i > < m i > A < / m i > < m i > p < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > p < / m i > < m i > r < / m i > < m i > i < / m i > < m i > a < / m i > < m i > t < / m i > < m i > e < / m i > < m i > l < / m i > < m i > y < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > P < / m i > < m i > l < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > f < / m i > < m i > s < / m i > < m i > H < / m i > < m i > a < / m i > < m i > v < / m i > < m i > e < / m i > < m i > N < / m i > < m i > o < / m i > < m i > t < / m i > < m i > B < / m i > < m i > e < / m i > < m i > e < / m i > < m i > n < / m i > < m i > P < / m i > < m i > r < / m i > < m i > e < / m i > < m i > j < / m i > < m i > u < / m i > < m i > d < / m i > < m i > i < / m i > < m i > c < / m i > < m i > e < / m i > < m i > d < / m i > < m o > & # x 0002 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > h < / m i > < m n > 2 < / m n > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m i > I < / m i > < m i > n < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > d < / m i > < m i > u < / m i > < m i > c < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > d < / m i > < m i > o < / m i > < m i > c < / m i > < m i > u < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m o > & # x 0002 C; < / m o > < m i > D < / m i > < m i > e < / m i > < m i > f < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > h < / m i > < m i > a < / m i > < m i > v < / m i > < m i > e < / m i > < m i > a < / m i > < m i > c < / m i > < m i > t < / m i > < m i > e < / m i > < m i > d < / m i > < m i > a < / m i > < m i > p < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > p < / m i > < m i > r < / m i > < m i > i < / m i > < m i > a < / m i > < m i > t < / m i > < m i > e < / m i > < m i > l < / m i > < m i > y < / m i > < m i > u < / m i > < m i > n < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > R < / m i > < m i > u < / m i > < m i > l < / m i > < m i > e < / m i > < m i > s < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > c < / m i > < m i > o < / m i > < m i > m < / m i > < m i > p < / m i > < m i > l < / m i > < m i > i < / m i > < m i > e < / m i > < m i > d < / m i > < m i > w < / m i > < m i > i < / m i > < m i > t < / m i > < m i > h < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > e < / m i > < m i > x < / m i > < m i > i < / m i > < m i > s < / m i > < m i > t < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 E; < / m o > < m i > T < / m i > < m i > o < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > t < / m i > < m i > r < / m i > < m i > a < / m i > < m i > r < / m i > < m i > y < / m i > < m o > & # x 0002 C; < / m o > < m i > P < / m i > < m i > l < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > f < / m i > < m i > s < / m i > < m i > h < / m i > < m i > a < / m i > < m i > v < / m i > < m i > e < / m i > < m i > r < / m i > < m i > e < / m i > < m i > f < / m i > < m i > u < / m i > < m i > s < / m i > < m i > e < / m i > < m i > d < / m i > < m i > t < / m i > < m i > o < / m i > < m i > a < / m i > < m i > b < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > b < / m i > < m i > y < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 C; < / m o > < m i > w < / m i > < m i > h < / m i > < m i > i < / m i > < m i > c < / m i > < m i > h < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > y < / m i > < m i > h < / m i > < m i > e < / m i > < m i > l < / m i > < m i > p < / m i > < m i > e < / m i > < m i > d < / m i > < m i > p < / m i > < m i > r < / m i > < m i > e < / m i > < m i > p < / m i > < m i > a < / m i > < m i > r < / m i > < m i > e < / m i > < m i > o < / m i > < m i > v < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > w < / m i > < m i > o < / m i > < m i > y < / m i > < m i > e < / m i > < m i > a < / m i > < m i > r < / m i > < m i > s < / m i > < m i > a < / m i > < m i > g < / m i > < m i > o < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > t < / m i > < m i > o < / m i > < m i > w < / m i > < m i > h < / m i > < m i > i < / m i > < m i > c < / m i > < m i > h < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > y < / m i > < m i > a < / m i > < m i > g < / m i > < m i > r < / m i > < m i > e < / m i > < m i > e < / m i > < m i > d < / m i > < m i > p < / m i > < m i > r < / m i > < m i > i < / m i > < m i > o < / m i > < m i > r < / m i > < m i > t < / m i > < m i > o < / m i > < m i > i < / m i > < m i > t < / m i > < m i > s < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > r < / m i > < m i > y < / m i > < m i > b < / m i > < m i > y < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > C < / m i > < m i > o < / m i > < m i > u < / m i > < m i > r < / m i > < m i > t < / m i > < m o > & # x 0002 E; < / m o > < m i > T < / m i > < m i > o < / m i > < m i > n < / m i > < m i > o < / m i > < m i > w < / m i > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > t < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > t < / m i > < m i > D < / m i > < m i > e < / m i > < m i > f < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > h < / m i > < m i > a < / m i > < m i > v < / m i > < m i > e < / m i > < m i > a < / m i > < m i > b < / m i > < m i > u < / m i > < m i > s < / m i > < m i > e < / m i > < m i > d < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > c < / m i > < m i > e < / m i > < m i > s < / m i > < m i > s < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > c < / m i > < m i > l < / m i > < m i > a < / m i > < m i > i < / m i > < m i > m < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > y < / m i > < m i > a < / m i > < m i > r < / m i > < m i > e < / m i > < m i > u < / m i > < m i > n < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m i > n < / m i > < m i > o < / m i > < m i > o < / m i > < m i > b < / m i > < m i > l < / m i > < m i > i < / m i > < m i > g < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > t < / m i > < m i > o < / m i > < m i > c < / m i > < m i > o < / m i > < m i > m < / m i > < m i > p < / m i > < m i > l < / m i > < m i > y < / m i > < m i > w < / m i > < m i > i < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > t < / m i > < m i > i < / m i > < m i > s < / m i > < m i > b < / m i > < m i > r < / m i > < m i > a < / m i > < m i > z < / m i > < m i > e < / m i > < m i > n < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > c < / m i > < m i > l < / m i > < m i > e < / m i > < m i > a < / m i > < m i > r < / m i > < m i > a < / m i > < m i > t < / m i > < m i > t < / m i > < m i > e < / m i > < m i > m < / m i > < m i > p < / m i > < m i > t < / m i > < m i > t < / m i > < m i > o < / m i > < m i > d < / m i > < m i > i < / m i > < m i > s < / m i > < m i > t < / m i > < m i > r < / m i > < m i > a < / m i > < m i > c < / m i > < m i > t < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > c < / m i > < m i > o < / m i > < m i > u < / m i > < m i > r < / m i > < m i > t < / m i > < m i > f < / m i > < m i > r < / m i > < m i > o < / m i > < m i > m < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > r < / m i > < m i > e < / m i > < m i > a < / m i > < m i > l < / m i > < m i > i < / m i > < m i > s < / m i > < m i > s < / m i > < m i > u < / m i > < m i > e < / m i > < m o > & # x 0002 E; < / m o > < m i > P < / m i > < m i > l < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > f < / m i > < m s u p > < m i > s < / m i > < m i > & # x 02032; < / m i > < / m s u p > < m i > i < / m i > < m i > n < / m i > < m i > a < / m i > < m i > c < / m i > < m i > c < / m i > < m i > u < / m i > < m i > r < / m i > < m i > a < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > t < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m i > a < / m i > < m i > b < / m i > < m i > o < / m i > < m i > u < / m i > < m i > t < / m i > < m i > D < / m i > < m i > e < / m i > < m i > f < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m s u p > < m i > s < / m i > < m i > & # x 02032; < / m i > < / m s u p > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > d < / m i > < m i > u < / m i > < m i > c < / m i > < m i > t < / m i > < m i > o < / m i > < m i > n < / m i > < m i > l < / m i > < m i > y < / m i > < m i > s < / m i > < m i > e < / m i > < m i > r < / m i > < m i > v < / m i > < m i > e < / m i > < m i > a < / m i > < m i > s < / m i > < m i > a < / m i > < m i > n < / m i > < m i > a < / m i > < m i > t < / m i > < m i > t < / m i > < m i > e < / m i > < m i > m < / m i > < m i > p < / m i > < m i > t < / m i > < m i > t < / m i > < m i > o < / m i > < m i > r < / m i > < m i > e < / m i > < m o > & # x 02212; < / m o > < m i > d < / m i > < m i > i < / m i > < m i > r < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > f < / m i > < m i > o < / m i > < m i > c < / m i > < m i > u < / m i > < m i > s < / m i > < m i > a < / m i > < m i > w < / m i > < m i > a < / m i > < m i > y < / m i > < m i > f < / m i > < m i > r < / m i > < m i > o < / m i > < m i > m < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > M < / m i > < m i > D < / m i > < m i > L < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > t < / m i > < m i > o < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > u < / m i > < m i > n < / m i > < m i > r < / m i > < m i > e < / m i > < m i > l < / m i > < m i > a < / m i > < m i > t < / m i > < m i > e < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > i < / m i > < m i > m < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > p < / m i > < m i > e < / m i > < m i > r < / m i > < m i > p < / m i > < m i > u < / m i > < m i > r < / m i > < m i > p < / m i > < m i > o < / m i > < m i > s < / m i > < m i > e < / m i > < m i > o < / m i > < m i > f < / m i > < m i > s < / m i > < m i > h < / m i > < m i > a < / m i > < m i > r < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m i > d < / m i > < m i > i < / m i > < m i > s < / m i > < m i > c < / m i > < m i > o < / m i > < m i > v < / m i > < m i > e < / m i > < m i > r < / m i > < m i > y < / m i > < m i > w < / m i > < m i > i < / m i > < m i > t < / m i > < m i > h < / m i > < m i > n < / m i > < m i > o < / m i > < m i > n < / m i > < m o > & # x 02212; < / m o > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > i < / m i > < m i > g < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > i < / m i > < m i > g < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > i < / m i > < m i > n < / m i > < m i > d < / m i > < m i > i < / m i > < m i > s < / m i > < m i > s < / m i > < m i > i < / m i > < m i > m < / m i > < m i > i < / m i > < m i > l < / m i > < m i > a < / m i > < m i > r < / m i > < m i > c < / m i > < m i > a < / m i > < m i > s < / m i > < m i > e < / m i > < m i > s < / m i > < m o > & # x 0002 E; < / m o > < m i > P < / m i > < m i > l < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > f < / m i > < m i > s < / m i > < m i > s < / m i > < m i > e < / m i > < m i > e < / m i > < m i > k < / m i > < m i > n < / m i > < m i > o < / m i > < m i > r < / m i > < m i > e < / m i > < m i > l < / m i > < m i > i < / m i > < m i > e < / m i > < m i > f < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > t < / m i > < m i > w < / m i > < m i > o < / m i > < m i > u < / m i > < m i > l < / m i > < m i > d < / m i > < m i > a < / m i > < m i > c < / m i > < m i > t < / m i > < m i > u < / m i > < m i > a < / m i > < m i > l < / m i > < m i > l < / m i > < m i > y < / m i > < m i > a < / m i > < m i > i < / m i > < m i > d < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > m < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > M < / m i > < m i > D < / m i > < m i > L < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > c < / m i > < m i > e < / m i > < m i > e < / m i > < m i > d < / m i > < m i > i < / m i > < m i > n < / m i > < m i > g < / m i > < m o > & # x 0002 E; < / m o > < m i > T < / m i > < m i > h < / m i > < m i > e < / m i > < m i > i < / m i > < m i > r < / m i > < m i > a < / m i > < m i > t < / m i > < m i > t < / m i > < m i > e < / m i > < m i > m < / m i > < m i > p < / m i > < m i > t < / m i > < m i > t < / m i > < m i > o < / m i > < m i > o < / m i > < m i > b < / m i > < m i > t < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > r < / m i > < m i > e < / m i > < m i > l < / m i > < m i > i < / m i > < m i > e < / m i > < m i > f < / m i > < m i > f < / m i > < m i > o < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > r < / m i > < m i > p < / m i > < m i > u < / m i > < m i > r < / m i > < m i > p < / m i > < m i > o < / m i > < m i > s < / m i > < m i > e < / m i > < m i > s < / m i > < m i > s < / m i > < m i > h < / m i > < m i > o < / m i > < m i > u < / m i > < m i > l < / m i > < m i > d < / m i > < m i > n < / m i > < m i > o < / m i > < m i > t < / m i > < m i > b < / m i > < m i > e < / m i > < m i > t < / m i > < m i > o < / m i > < m i > l < / m i > < m i > e < / m i > < m i > r < / m i > < m i > a < / m i > < m i > t < / m i > < m i > e < / m i > < m i > d < / m i > < m i > b < / m i > < m i > y < / m i > < m i > t < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > C < / m i > < m i > o < / m i > < m i > u < / m i > < m i > r < / m i > < m i > t < / m i > < m o > & # x 0002 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m i > A < / m i > < m i > s < / m i > < m i > r < / m i > < m i > e < / m i > < m i > f < / m i > < m i > l < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > e < / m i > < m i > d < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > A < / m i > < m i > f < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > a < / m i > < m i > v < / m i > < m i > i < / m i > < m i > t < / m i > < m i > o < / m i > < m i > f < / m i > < m i > A < / m i > < m i > l < / m i > < m i > a < / m i > < m i > n < / m i > < m i > R < / m i > < m o > & # x 0002 E; < / m o > < m i > V < / m i > < m i > i < / m i > < m i > c < / m i > < m i > k < / m i > < m i > e < / m i > < m i > r < / m i > < m i > y < / m i > < m o > & # x 0002 C; < / m o > < m i > a < / m i > < m i > t < / m i > < m i > t < / m i > < m i > a < / m i > < m i > c < / m i > < m i > h < / m i > < m i > e < / m i > < m i > d < / m i > < m i > t < / m i > < m i > o < / m i > < m i > D < / m i > < m i > e < / m i > < m i > f < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m s u p > < m i > s < / m i > < m i > & # x 02032; < / m i > < / m s u p > < m i > S < / m i > < m i > u < / m i > < m i > p < / m i > < m i > p < / m i > < m i > l < / m i > < m i > e < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > a < / m i > < m i > l < / m i > < m i > R < / m i > < m i > e < / m i > < m i > s < / m i > < m i > p < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m i > e < / m i > < m i > B < / m i > < m i > r < / m i > < m i > i < / m i > < m i > e < / m i > < m i > f < / m i > < m i > a < / m i > < m i > s < / m i > < m i > E < / m i > < m i > x < / m i > < m i > h < / m i > < m i > i < / m i > < m i > b < / m i > < m i > i < / m i > < m i > t < / m i > < m i > " < / m i > < m i > A < / m i > < m o > & # x 0002 C; < / m o > < m i > " < / m i > < m i > D < / m i > < m i > e < / m i > < m i > f < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > f < / m i > < m i > o < / m i > < m i > l < / m i > < m i > l < / m i > < m i > o < / m i > < m i > w < / m i > < m i > e < / m i > < m i > d < / m i > < m i > a < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > c < / m i > < m i > e < / m i > < m i > d < / m i > < m i > u < / m i > < m i > r < / m i > < m i > e < / m i > < m i > t < / m i > < m i > o < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > y < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > d < / m i > < m i > e < / m i > < m i > s < / m i > < m i > i < / m i > < m i > g < / m i > < m i > n < / m i > < m i > a < / m i > < m i > t < / m i > < m i > e < / m i > < m i > d < / m i > < m i > o < / m i > < m i > c < / m i > < m i > u < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > a < / m i > < m i > s < / m i > < m i > C < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m o > & # x 0002 E; < / m o > < m i > T < / m i > < m i > h < / m i > < m i > a < / m i > < m i > t < / m i > < m i > P < / m i > < m i > l < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > f < / m i > < m i > s < / m i > < m i > r < / m i > < m i > e < / m i > < m i > q < / m i > < m i > u < / m i > < m i > e < / m i > < m i > s < / m i > < m i > t < / m i > < m i > e < / m i > < m i > d < / m i > < m o > & # x 02212; < / m o > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > r < / m i > < m i > e < / m i > < m i > c < / m i > < m i > e < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > d < / m i > < m o > & # x 02212; < / m o > < m i > n < / m i > < m i > u < / m i > < m i > m < / m i > < m i > e < / m i > < m i > r < / m i > < m i > o < / m i > < m i > u < / m i > < m i > s < / m i > < m i > d < / m i > < m i > o < / m i > < m i > c < / m i > < m i > u < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m i > e < / m i > < m i > d < / m i > < m i > b < / m i > < m i > y < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > D < / m i > < m i > e < / m i > < m i > f < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > t < / m i > < m i > o < / m i > < m i > b < / m i > < m i > e < / m i > < m i > p < / m i > < m i > r < / m i > < m i > o < / m i > < m i > p < / m i > < m i > r < / m i > < m i > i < / m i > < m i > e < / m i > < m i > t < / m i > < m i > a < / m i > < m i > r < / m i > < m i > y < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > d < / m i > < m i > o < / m i > < m i > e < / m i > < m i > s < / m i > < m i > n < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > t < / m i > < m i > l < / m i > < m i > e < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > m < / m i > < m i > t < / m i > < m i > o < / m i > < m i > i < / m i > < m i > g < / m i > < m i > n < / m i > < m i > o < / m i > < m i > r < / m i > < m i > e < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > i < / m i > < m i > r < / m i > < m i > o < / m i > < m i > b < / m i > < m i > l < / m i > < m i > i < / m i > < m i > g < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m i > u < / m i > < m i > n < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 E; < / m o > < m i > R < / m i > < m i > a < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > n < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > y < / m i > < m i > s < / m i > < m i > p < / m i > < m i > e < / m i > < m i > c < / m i > < m i > i < / m i > < m i > f < / m i > < m i > i < / m i > < m i > c < / m i > < m i > d < / m i > < m i > o < / m i > < m i > c < / m i > < m i > u < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > c < / m i > < m i > h < / m i > < m i > a < / m i > < m i > l < / m i > < m i > l < / m i > < m i > e < / m i > < m i > n < / m i > < m i > g < / m i > < m i > e < / m i > < m i > s < / m i > < m i > p < / m i > < m i > e < / m i > < m i > c < / m i > < m i > i < / m i > < m i > f < / m i > < m i > i < / m i > < m i > c < / m i > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > y < / m i > < m i > d < / m i > < m i > e < / m i > < m i > s < / m i > < m i > i < / m i > < m i > g < / m i > < m i > n < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m o > & # x 0002 C; < / m o > < m i > w < / m i > < m i > h < / m i > < m i > i < / m i > < m i > c < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > r < / m i > < m i > e < / m i > < m i > q < / m i > < m i > u < / m i > < m i > i < / m i > < m i > r < / m i > < m i > e < / m i > < m i > d < / m i > < m i > u < / m i > < m i > n < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 C; < / m o > < m i > P < / m i > < m i > l < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > f < / m i > < m i > s < / m i > < m i > a < / m i > < m i > r < / m i > < m i > g < / m i > < m i > u < / m i > < m i > e < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > t < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > s < / m i > < m i > h < / m i > < m i > e < / m i > < m i > e < / m i > < m i > r < / m i > < m i > n < / m i > < m i > u < / m i > < m i > m < / m i > < m i > b < / m i > < m i > e < / m i > < m i > r < / m i > < m i > o < / m i > < m i > f < / m i > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > f < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > a < / m i > < m i > l < / m i > < m i > i < / m i > < m i > t < / m i > < m i > y < / m i > < m i > d < / m i > < m i > e < / m i > < m i > s < / m i > < m i > i < / m i > < m i > g < / m i > < m i > n < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m i > i < / m i > < m i > n < / m i > < m i > i < / m i > < m i > t < / m i > < m i > s < / m i > < m i > e < / m i > < m i > l < / m i > < m i > f < / m i > < m i > m < / m i > < m i > a < / m i > < m i > k < / m i > < m i > e < / m i > < m i > s < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > n < / m i > < m i > u < / m i > < m i > m < / m i > < m i > b < / m i > < m i > e < / m i > < m i > r < / m i > < m i > o < / m i > < m i > f < / m i > < m i > d < / m i > < m i > e < / m i > < m i > s < / m i > < m i > i < / m i > < m i > g < / m i > < m i > n < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > s < / m i > < m i > s < / m i > < m i > u < / m i > < m i > s < / m i > < m i > p < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m o > & # x 0002 E; < / m o > < m i > P < / m i > < m i > l < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > f < / m i > < m s u p > < m i > s < / m i > < m i > & # x 02032; < / m i > < / m s u p > < m i > o < / m i > < m i > v < / m i > < m i > e < / m i > < m i > r < / m i > < m i > l < / m i > < m i > y < / m i > < m o > & # x 02212; < / m o > < m i > s < / m i > < m i > i < / m i > < m i > m < / m i > < m i > p < / m i > < m i > l < / m i > < m i > i < / m i > < m i > s < / m i > < m i > t < / m i > < m i > i < / m i > < m i > c < / m i > < m i > a < / m i > < m i > n < / m i > < m i > a < / m i > < m i > l < / m i > < m i > y < / m i > < m i > s < / m i > < m i > i < / m i > < m i > s < / m i > < m o > & # x 0002 C; < / m o > < m i > h < / m i > < m i > o < / m i > < m i > w < / m i > < m i > e < / m i > < m i > v < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 C; < / m o > < m i > d < / m i > < m i > o < / m i > < m i > e < / m i > < m i > s < / m i > < m i > n < / m i > < m i > o < / m i > < m i > t < / m i > < m i > j < / m i > < m i > u < / m i > < m i > s < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > y < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > r < / m i > < m i > e < / m i > < m i > l < / m i > < m i > i < / m i > < m i > e < / m i > < m i > f < / m i > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m i > c < / m i > < m i > l < / m i > < m i > a < / m i > < m i > s < / m i > < m i > s < / m i > < m o > & # x 0003 D; < / m o > < m i > " < / m i > < m i > s < / m i > < m i > t < / m i > < m i > a < / m i > < m i > r < / m i > < m o > & # x 02212; < / m o > < m i > p < / m i > < m i > a < / m i > < m i > g < / m i > < m i > i < / m i > < m i > n < / m i > < m i > a < / m i > < m i > t < / m i > < m i > i < / m i > < m i > o < / m i > < m i > n < / m i > < m i > " < / m i > < m i > s < / m i > < m i > o < / m i > < m i > u < / m i > < m i > r < / m i > < m i > c < / m i > < m i > e < / m i > < m o > & # x 0003 D; < / m o > < m i > " < / m i > < m i > m < / m i > < m i > i < / m i > < m i > d < / m i > < m i > p < / m i > < m i > a < / m i > < m i > g < / m i > < m i > e < / m i > < m o > & # x 02212; < / m o > < m i > o < / m i > < m i > c < / m i > < m i > r < / m i > < m o > & # x 02212; < / m o > < m i > p < / m i > < m i > a < / m i > < m i > r < / m i > < m i > s < / m i > < m i > e < / m i > < m i > r < / m i > < m i > " < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0002 A; < / m o > < m n > 219 < / m n > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > s < / m i > < m i > p < / m i > < m i > a < / m i > < m i > n < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > y < / m i > < m i > r < / m i > < m i > e < / m i > < m i > a < / m i > < m i > l < / m i > < m i > l < / m i > < m i > y < / m i > < m i > d < / m i > < m i > e < / m i > < m i > s < / m i > < m i > i < / m i > < m i > r < / m i > < m i > e < / m i > < m o > & # x 0002 C; < / m o > < m i > w < / m i > < m i > h < / m i > < m i > i < / m i > < m i > c < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > t < / m i > < m i > o < / m i > < m i > s < / m i > < m i > h < / m i > < m i > a < / m i > < m i > r < / m i > < m i > e < / m i > < m i > s < / m i > < m i > e < / m i > < m i > n < / m i > < m i > s < / m i > < m i > i < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > d < / m i > < m i > o < / m i > < m i > c < / m i > < m i > u < / m i > < m i > m < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > w < / m i > < m i > i < / m i > < m i > t < / m i > < m i > h < / m i > < m i > o < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > r < / m i > < m i > s < / m i > < m i > n < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > t < / m i > < m i > l < / m i > < m i > e < / m i > < m i > d < / m i > < m i > t < / m i > < m i > o < / m i > < m i > s < / m i > < m i > e < / m i > < m i > e < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > m < / m i > < m o > & # x 0002 C; < / m o > < m i > n < / m i > < m i > o < / m i > < m i > r < / m i > < m i > d < / m i > < m i > o < / m i > < m i > e < / m i > < m i > s < / m i > < m i > i < / m i > < m i > t < / m i > < m i > w < / m i > < m i > a < / m i > < m i > r < / m i > < m i > r < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > a < / m i > < m i > w < / m i > < m i > h < / m i > < m i > o < / m i > < m i > l < / m i > < m i > e < / m i > < m i > s < / m i > < m i > a < / m i > < m i > l < / m i > < m i > e < / m i > < m i > r < / m i > < m i > e < / m i > < m i > w < / m i > < m i > r < / m i > < m i > i < / m i > < m i > t < / m i > < m i > e < / m i > < m i > o < / m i > < m i > f < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > t < / m i > < m i > e < / m i > < m i > c < / m i > < m i > t < / m i > < m i > i < / m i > < m i > v < / m i > < m i > e < / m i > < m i > O < / m i > < m i > r < / m i > < m i > d < / m i > < m i > e < / m i > < m i > r < / m i > < m o > & # x 0002 E; < / m o > < m o > & # x 0003 C; < / m o > < m o > & # x 0002 F; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m o > & # x 0003 C; < / m o > < m i > p < / m i > < m o > & # x 0003 E; < / m o > < m i > P < / m i > < m i > l < / m i > < m i > a < / m i > < m i > i < / m i > < m i > n < / m i > < m i > t < / m i > < m i > i < / m i > < m i > f < / m i > < m i > f < / m i > < m i > s < / m i > < m i > c < / m i > < m i > o < / m i > < m i > n < / m i > < m i > t < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > t < / m i > < m i > h < / m i > < m i > a < / m i > < m i > t < / m i > < m i > D < / m i > < m i > e < / m i > < m i > f < / m i > < m i > e < / m i > < m i > n < / m i > < m i > d < / m i > < m i > a < / m i > < m i > n < / m i > < m i > t < / m i > < m i > s < / m i > < m i > h < / m i > < m i > a < / m i > < m i > v < / m i > < m i > e < / m i > < m i > f < / m i > < m i > r < / m i > < m i > u < / m i > < m i > s < / m i > < m i > t < / m i > < m i > r < / m i > < m i > a < / m i > < m i > t < / m i > < m i > e < / m i > < m i > d < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > s < / m i > < m i > p < / m i > < m i > i < / m i > < m i > r < / m i > < m i > i < / m i > < m i > t < / m i > < m i > a < / m i > < m i > n < / m i > < m i > d < / m i > < m i > p < / m i > < m i > u < / m i > < m i > r < / m i > < m i > p < / m i > < m i > o < / m i > < m i > s < / m i > < m i > e < / m i > < m i > o < / m i > < m i > f < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > T < / m i > < m i > e < / m i > < m i > x < / m i > < m i > a < / m i > < m i > s < / m i > < m i > R < / m i > < m i > u < / m i > < m i > l < / m i > < m i > e < / m i > < m i > s < / m i > < m i > o < / m i > < m i > f < / m i > < m i > C < / m i > < m i > i < / m i > < m i > v < / m i > < m i > i < / m i > < m i > l < / m i > < m i > P < / m i > < m i > r < / m i > < m i > o < / m i > < m i > c < / m i > < m i > e < / m i > < m i > d < / m i > < m i > u < / m i > < m i > r < / m i > < m i > e < / m i > < m o > & # x 0002 C; < / m o > < m i > w < / m i > < m i > h < / m i > < m i > i < / m i > < m i > c < / m i > < m i > h < / m i > < m i > i < / m i > < m i > s < / m i > < m i > t < / m i > < m i > o < / m i > < m i > e < / m i > < m i > n < / m i > < m i > a < / m i > < m i > b < / m i > < m i > l < / m i > < m i > e < / m i > < m i > d < / m i > < m i > i < / m i > < m i > s < / m i > < m i > p < / m i > < m i > u < / m i > < m i > t < / m i > < m i > e < / m i > < m i > s < / m i > < m i > t < / m i > < m i > o < / m i > < m i > b < / m i > < m i > e < / m i > < m i > d < / m i > < m i > e < / m i > < m i > c < / m i > < m i > i < / m i > < m i > d < / m i > < m i > e < / m i > < m i > d < / m i > < m i > b < / m i > < m i > y < / m i > < m i > w < / m i > < m i > h < / m i > < m i > a < / m i > < m i > t < / m i > < m i > t < / m i > < m i > h < / m i > < m i > e < / m i > < m i > f < / m i > < m i > a < / m i > < m i > c < / m i > < m i > t < / m i > < m i > s < / m i > < m i > r < / m i > < m i > e < / m i > < m i > v < / m i > < m i > e < / m i > < m i > a < / m i > < m i > l < / m i > < m o > & # x 0002 C; < / m o > < m i > n < / m i > < m i > o < / m i > < m i > t < / m i > < m i > w < / m i > < m i >$

I. DISCOVERY CONTROL PLAN

II. PARTIES

III. ASSUMED NAME

IV. VENUE AND JURISDICTION

V. KOOL SMILES IS ENGAGED IN THE CORPORATE PRACTICE OF DENTISTRY

A. The Corporate Practice of Dentistry Is Strictly Prohibited In The State Of Texas.

B. KOOL SMILES Is Managed, Operated, And/Or Controlled By Persons Not Licensed To Practice Dentistry In Texas.

C. The Kool Smiles Plan And Scheme.

D. The Players.

1. Friedman Fleischer & Lowe

2. Kool Smiles Acquisition Corp.

3. NCDR, LLC

5. The Children Victims.

E. The Motive

F. Kool Smiles' Plan And Scheme Is Under Investigation

VI.

FACTUAL BACKGROUND PERTAINING TO PLAINTIFFS

IX. DEFENDANT DR. CHANDESH'S NEGLIGENCE

X. DEFENDANT DR. HO'S NEGLIGENCE

XI. DEFENDANT DR. MANWARING'S NEGLIGENCE

XII. DEFENDANT DR. THOMAS' NEGLIGENCE

XVI.

DAMAGES

XVII. NOTICE

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION

PLAINTIFFS' ORIGINAL COMPLAINT FOR DAMAGES

NATURE OF THE ACTION

Case 5:12-cv-00036 Document 1 Filed in TXSD on 03/19/12 Page 3 of 33

JURISDICTION AND VENUE

Cause No. C-0184-13-G

I.

II.

VERIFIED DENIAL

III.

GENERAL DENIAL

IV. DEFENSES

V.

REQUEST FOR DISCLOSURES

CERTIFICATE OF SERVICE

VERIFICATION OF TOM NANCE

PLAINTIFFS' FOURTH AMENDED ORIGINAL PETITION

I. DISCOVERY CONTROL PLAN

II. PARTIES

III. VENUE AND JURISDICTION

IV. NCDR IS ENGAGED IN THE CORPORATE PRACTICE OF DENTISTRY

A. The Corporate Practice of Dentistry Is Strictly Prohibited In The State Of Texas.

B. NCDR Manages, Operates, And/Or Controls The Kool Smiles Dental Clinics.

C. The Kool Smiles Plan And Scheme.

D. The Players.

1. Friedman Fleischer & Lowe.

2. Kool Smiles Acquisition Corp. and Kool Smiles Holding Corp.

3. NCDR, LLC.

4. Dentistry of Brownsville, P.C. d/b/a Kool Smiles.

5. Kool Smiles, P.C.

6. The Children Victims.

E. The Motive

V. FACTUAL BACKGROUND PERTAINING TO PLAINTIFFS

12.1.

VI.

VII. DEFENDANT KOOL SMILES, P.C.'S NEGLIGENCE

VIII. DEFENDANT NCDR'S NEGLIGENCE

IX. DEFENDANT DENTISTRY OF BROWNSVILLE'S NEGLIGENCE

X. JOINT ENTERPRISE OF NCDR, KOOL SMILES, P.C., and DENTISTRY OF BROWNSVILLE

XI. DEFENDANT DR. CHANDESH'S NEGLIGENCE

XII. DEFENDANT DR. HO'S NEGLIGENCE

XIII. DEFENDANT DR. MANWARING'S NEGLIGENCE

XIV. DEFENDANT DR. THOMAS' NEGLIGENCE

XV. GROSS NEGLIGENCE

XVI. CIVIL CONSPIRACY

XVII. FRAUD

XVIII. DAMAGES

XIX. NOTICE

XX. PRAYER FOR RELIEF

ATTORNEYS FOR PLAINTIFFS

CERTIFICATE OF SERVICE

PLAINTIFES' ORIGINAL COMPLAINT FOR DAMAGES

NATURE OF THE ACTION

JURISDICTION AND VENUE

CAUSE NO. C-0184-13-G

STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

I.
DISCOVERY CONTROL PLAN

II.
PARTIES

III.
ASSUMED NAME

IV.
VENUE AND JURISDICTION

V.
KOOL SMILES IS ENGAGED IN THE CORPORATE PRACTICE OF DENTISTRY

IX.
DEFENDANT DR. CHANDESH'S NEGLIGENCE

X.
DEFENDANT DR. HO'S NEGLIGENCE

XI.
DEFENDANT DR. MANWARING'S NEGLIGENCE

XII.
DEFENDANT DR. THOMAS' NEGLIGENCE

XVII.
NOTICE

IV.
DEFENSES

I.
DISCOVERY CONTROL PLAN

II.
PARTIES

III.
VENUE AND JURISDICTION

IV.
NCDR IS ENGAGED IN THE CORPORATE PRACTICE OF DENTISTRY

V.
FACTUAL BACKGROUND PERTAINING TO PLAINTIFFS

VII.
DEFENDANT KOOL SMILES, P.C.'S NEGLIGENCE

VIII.
DEFENDANT NCDR'S NEGLIGENCE

IX.
DEFENDANT DENTISTRY OF BROWNSVILLE'S NEGLIGENCE

X.
JOINT ENTERPRISE OF NCDR, KOOL SMILES, P.C., and DENTISTRY OF BROWNSVILLE

XI.
DEFENDANT DR. CHANDESH'S NEGLIGENCE

XII.
DEFENDANT DR. HO'S NEGLIGENCE

XIII.
DEFENDANT DR. MANWARING'S NEGLIGENCE

XIV.
DEFENDANT DR. THOMAS' NEGLIGENCE

XV.
GROSS NEGLIGENCE

XVI.
CIVIL CONSPIRACY

XVII.
FRAUD

XVIII.
DAMAGES

XIX.
NOTICE

XX.
PRAYER FOR RELIEF

./s/ Alan R. Vickery
ALAN R. VICKERY

/s/ Alan R. Vickery
ALAN R. VICKERY

I.
PROCEDURAL HISTORY

II.
ABUSE OF THE DISCOVERY PROCESS

IV.
ARGUMENTS & AUTHORITIES

V.
CONCLUSION

VI.
CERTIFICATE OF CONFERENCE

VII.
PRAYER

Guideline on Caries-risk Assessment and Management for Infants, Children, and Adolescents
Originating Council
Council on Clinical Affairs
Review Council
Council on Clinical Affaira
Adopted
2002
Revised
2008, 2010

MAUZÉ & BAGBY, PLLC
A Professional Limited Liability Company
ATTORNEYS at LAW