Preview
Filed 13J une 18 A10:53
Chris Daniel - District Clerk
Harris Coun!
2013-36016 / Court: 011 ED101) 017548618
By: Nelson Cuero
C.A.No. ---
RAY von PROCTOR In The
Plaintiff, District Court
HarrisCounty, Texas
BROWN MEDICAL CENTER INC., f/k/
SURGEON’S MANAGEMENT INC., and| —---- Judicial District
CHARLES CAVE
Defendant
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NTRODUCTION
Plaintiff demands a JURY TRIAL in this retaliation case under state Common Law as to
any and all issues triable to a jury. Plaintiff alleges Defendant Brown Medical Center
violated the Public Policy of the State of Texas when the Defendant took adverse
personnel actions against Plaintiff
This Court has jurisdiction of the subject matter of this action, pursuant to the state
Common Law and the Constitution of the State of Texas. The amount n controversy
exceeds the minimal jurisdictional limits of this Court.
ARTIES
Plaintiff is an individual residing in Katy, Harris County, Texas.
Defendant Brown Medical Center Inc., f/k/a Surgeon’s Management Inc., is a Texas
corporation and can be served by serving its agents for service CT Corporation at 350 N.
St. Paul Street, Dallas, Texas 75201.
S RIGINAL ETITION
Defendant Charles Cave is an employee of Brown Medical Center Inc., f/k/a Surgeon’s
Management Inc. and can be served at his place of employment, Directors Row
Houston, Texas 77092.
ENUE
Venue of this action is proper in Harris County, Texas pursuant to Texas Civil Practice
and Remedies Code 15.002 because Harris County is the county in which all or part of
the cause of action occurred.
ACTS
Michael Brown, M.D. hired Plaintiff and Plaintiff began working for Defendant Brown
Medical Center on March 29, 2010. Defendant Brown Medical Center promoted Plaintiff
to Chief of Staff of all the entities owned by Michael Brown, M.D. Plaintiff at all times
reportedto Michael Brown, M.D.
In the fall of 2012, Dr. Brown gave Plaintiff a note and informed Plaintiff how
appreciative he was of Plaintiff’s work and that he intended for Plaintiff to work for him
for a very long time.
During the course of Plaintiff's employment, Plaintiff leamed that his name was
misappropriated and he was listed as president of at least one entity owned by Michael
Brown, M.D., MG Brown Company, LLC. Plaintiff was not aware he was to be listed
with the Florida Secretary of State as the president of this company nor did Plaintiff give
his permission to do so. This company was used to purchase a house for Michael Brown,
M.D. in violation of an order issued by a Harris County District Court Judge regarding
Michael Brown, M.D. Once Plaintiff learned all these facts he refused to engage in any
illegal activity.
S RIGINAL ETITION
During the course of Plaintiff's employment, Defendant's agent, Charles Cave, stole and
misappropriated Plaintiff's personal information and social security number in order to
secure $600,000 of credit for Defendant Brown Medical Center (funds that could be
funneled to Dr. Brown) without informing Plaintiff. Plaintiff only leamed of this theft
and fraud when American Express informed him and restricted spending on his personal
account to no more than $5,000.00. Plaintiff bore the financial responsibility or this
account. Defendant did spend money using Plaintiff’s personal credit. Defendant's illegal
use of funds through Plaintiff caused Plaintiff a great deal of stress, much which
manifested physically, requiring medication and doctor's visits and a very serious threat
to Plaintiff's health. Defendant's illegal use of Plaintiff’s personal information to obtain
credit and funds through that credit damaged Plaintiff's credit with American Express
Plaintiff refused to participate in this illegal activity.
During the course of Plaintiffs employment Defendant again attempted to purchase an
eight (8) million dollar house for Dr. Brown. This purchase was again in violation of a
Harris County District Court’s Order. Plaintiff refused to participate in this illegal
activity.
During the course of Plaintiff's employment, Dr. Brown sent Plaintiff a memo ordering
them to stop paying the staff support payments for his ex wife during a contentious
divorce or he would “fire your ass.” This was a direct violation of the temporary orders
for support. Plaintiff refused to engage in this illegal activity.
During the course of Plaintiff's employment, two female employees of Dr. Brown
produced statements alleging that Dr. Brown sexually assaulted an unconscious woman
on his boat in the presence of others. A concern was brought up by others of the potential
S RIGINAL ETITION
impact of that these statements could have on the pending British Airways criminal case
against Dr. Brown . When discussions of paying these women money ensued so they
would not go forward with the complaints or charges as they could possibly hurt the
criminal case against Dr. Brown Plaintiff specifically refused to engage in any conduct
of extortion obstruction of justice, or interfere with any potential criminal charges.
During the course of Plaintiffs employment, Plaintiff refused to obtain or be involved in
obtaining prescriptions for Dr. Brown using employees.
It was only after Plaintiff refused to engage in illegal activities that Defendant Brown
Medical Center demoted Plaintiff from Chief of Staff to Director of Personal Asset
Management. Defendant Brown Medical Center also retroactively reduced Plaintiff's
salary, essentially cutting it to less than half and eliminating Plaintiff’ s bonus
Very recently during the course of Plaintiffs employment, Plaintiff, as Director of Dr.
Brown's personal asset management, did not renew the lease on Dr. Brown’s Central
Park apartment pursuant to directives Despite this renewal, Dr. Brown paid cash, for
a year in advance (in excess of $200,000.00) for the year lease of this apartment. This
cash transaction is in violation of both the Harris County District Court order and the
Federal Bankruptcy Order in place against Dr. Brown and his companies. Plaintiff
refused to engage in this activity or keeping Dr. Brown’s cash transaction (as he filed
pleadings in bankruptcy court swearing he did not have this kind of cash on hand)
secret from the authorities, including any bankruptcy trustees.
A flight attendant accused Dr. Brown of making sexual comments towards her and choking her.
Michael Brown M.D. and his companies are under a CRO agreement rsuant to a Bankruptcy court order
Plaintiff began reporting to the CRO in March 2013. David Grange is the CRO and informed Plaintiff that he was
demoted. Though the idea of the agreement is to save money and the keep Brown and his entities out of bankruptcy,
Mr. Grange’s company takes a fee, Mr. Grange is paid individually, Mr. Grange’s employees from North Carolina
are paid and Mr. Grange and the employees are commuting from North Carolina, Florida and other states to Texas
and returning home with their expenses paid. Plaintiff reported these illegal activities and his refusal to perform
them to David Grange.
S RIGINAL ETITION
Based on the above facts, Plaintiff contends that Defendant Brown Medical Center
violated the public policy of the State of Texas as expressed by the Texas Supreme Court
in Sabine Pilot Service, Inc. v. Hauck 637 SW. 2d 733 (Tex. 1985) because Plaintiff
refused to assist Defendantsin any illegal activities which carry a criminal penalty
Based on the above facts, Plaintiff contends that Defendants committed intentional
infliction of emotional distress against Plaintiff
Based on the above facts, Plaintiff contends that Defendants invaded Plaintiff’s privacy,
including but not limited to intrusion on seclusion, and appropriation of name or likeness.
Based on the above facts, Plaintiff contends that Defendants committed fraud and theft
against Plaintiff.
IMELINESS
Plaintiff filed Plaintiffs lawsuit within the time limits of all asserted claims.
EDERAL LAIMS
Plaintiff does not assert any federal claims in this proceeding. Additionally, Plaintiff is in
no way seeking damages or remedies that may stem from a federal cause of action.
AMAGES
As a direct and proximate result of the aforementioned arbitrary and capricious acts, the
Plaintiff has suffered grievous harm, including, but not limited to, substantial loss of
income; humiliation and embarrassment among co workers and others; sustained damage
to his credibility and reputation, emotional distress which physically manifested itself to
the point of being a serious medical threat to Plaintiff's health.
S RIGINAL ETITION
XEMPLARY AMAGES
Defendants’ actions in discharging Plaintiff were harsh, oppressive and malicious. The
wrong done by Defendants was aggravated by the kind of willfulness, wantonness, and
malice for which the law allows the imposition of exemplary damages. Defendan acted
with an evil intent to harm Plaintiff. The conduct was intentional, with conscious
indifference to the rights of Plaintiff and without justification or excuse. As a direct and
proximate result of the aforementioned arbitrary and capricious acts, the Plaintiff has
suffered grievous harm, including, but not limited to, substantial loss of income;
humiliation and embarrassment among co workers and others; sustained damage to his
credibility; sustained damage to Plaintiff's prospects for future employment in the
Houston, Texas area; and sustained damage from the self compelled defamation
whenever Plaintiff informs a prospective employer of the slander or libel perpetuated by
Defendants. Plaintiff, therefore, seeks exemplary damages in a sum to be determined by
the trier of facts to serve as punishment to deter Defendants from such conduct in similar
situations. In a Sabine Pilot case, the trier of fact may award Plaintiff exemplary
damages.
TTORNEY
Defendants’ action and conduct as described herein and the resulting damage and loss to
Plaintiff has necessitated Plaintiff retaining the services of ROSENBERG &
SPROVACH, 3555 Timmons Lane uite 10, Houston, Texas 770 in initiating this
proceeding. Plaintiff seeks recovery of reasonable and necessary attomey’s fees.
S RIGINAL ETITION
URY__EMAND
Plaintiff hereby makes Plaintiffs request for a jury trial in this cause pursuant to Rule 216
of the Texas Rules of Civil Procedure and deposits with the District Clerk of Harris
County, Texas the jury fee of thirty ($30.00) Dollars.
RAYER
WHEREFORE, Plaintiff prays the Court order to award such relief including the
following:
Grant Plaintiff actual damages;
Order the Defendantsto award Plaintiff back pay;
Order the Defendants to award front pay;
Order the Defendants award Plaintiff reimbursement in expenses;
Grant Plaintiff pre judgment and post judgment interest;
Grant Plaintiff punitive damages for the violation of Common Law;
Grant Plaintiff general damages for the damage to Plaintiffs reputation;
Damages for mental pain and mental anguishand emotional distress
Judgment against Defendants, for actual damages sustained by Plaintiff as
alleged herein; and,
Such other and further relief, at law or in equity, general or special to
which Plaintiff may show himself stly entitled.
S RIGINAL ETITION
Respectfully Submitted,
/s/ Ellen Sprovach
Ellen Sprovach
Texas State Bar ID 24000672
ROSENBERG & SPROVACH
3555 Timmons Lane, Suite
Houston, Texas 77027
(713) 960 00 (713) 621
Attomey Charge for Plaintiff
OF COUNSEL:
Gregg M. Rosenberg
ROSENBERG & SPROVACH
ATTORNEYS FOR PLAINTIFF
S RIGINAL ETITION
Preview
Filed 13J une 18 A10:53 Chris Daniel - District Clerk Harris Coun! 2013-36016 / Court: 011 ED101) 017548618 By: Nelson Cuero C.A.No. --- RAY von PROCTOR In The Plaintiff, District Court HarrisCounty, Texas BROWN MEDICAL CENTER INC., f/k/ SURGEON’S MANAGEMENT INC., and| —---- Judicial District CHARLES CAVE Defendant PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: NTRODUCTION Plaintiff demands a JURY TRIAL in this retaliation case under state Common Law as to any and all issues triable to a jury. Plaintiff alleges Defendant Brown Medical Center violated the Public Policy of the State of Texas when the Defendant took adverse personnel actions against Plaintiff This Court has jurisdiction of the subject matter of this action, pursuant to the state Common Law and the Constitution of the State of Texas. The amount n controversy exceeds the minimal jurisdictional limits of this Court. ARTIES Plaintiff is an individual residing in Katy, Harris County, Texas. Defendant Brown Medical Center Inc., f/k/a Surgeon’s Management Inc., is a Texas corporation and can be served by serving its agents for service CT Corporation at 350 N. St. Paul Street, Dallas, Texas 75201. S RIGINAL ETITION Defendant Charles Cave is an employee of Brown Medical Center Inc., f/k/a Surgeon’s Management Inc. and can be served at his place of employment, Directors Row Houston, Texas 77092. ENUE Venue of this action is proper in Harris County, Texas pursuant to Texas Civil Practice and Remedies Code 15.002 because Harris County is the county in which all or part of the cause of action occurred. ACTS Michael Brown, M.D. hired Plaintiff and Plaintiff began working for Defendant Brown Medical Center on March 29, 2010. Defendant Brown Medical Center promoted Plaintiff to Chief of Staff of all the entities owned by Michael Brown, M.D. Plaintiff at all times reportedto Michael Brown, M.D. In the fall of 2012, Dr. Brown gave Plaintiff a note and informed Plaintiff how appreciative he was of Plaintiff’s work and that he intended for Plaintiff to work for him for a very long time. During the course of Plaintiff's employment, Plaintiff leamed that his name was misappropriated and he was listed as president of at least one entity owned by Michael Brown, M.D., MG Brown Company, LLC. Plaintiff was not aware he was to be listed with the Florida Secretary of State as the president of this company nor did Plaintiff give his permission to do so. This company was used to purchase a house for Michael Brown, M.D. in violation of an order issued by a Harris County District Court Judge regarding Michael Brown, M.D. Once Plaintiff learned all these facts he refused to engage in any illegal activity. S RIGINAL ETITION During the course of Plaintiff's employment, Defendant's agent, Charles Cave, stole and misappropriated Plaintiff's personal information and social security number in order to secure $600,000 of credit for Defendant Brown Medical Center (funds that could be funneled to Dr. Brown) without informing Plaintiff. Plaintiff only leamed of this theft and fraud when American Express informed him and restricted spending on his personal account to no more than $5,000.00. Plaintiff bore the financial responsibility or this account. Defendant did spend money using Plaintiff’s personal credit. Defendant's illegal use of funds through Plaintiff caused Plaintiff a great deal of stress, much which manifested physically, requiring medication and doctor's visits and a very serious threat to Plaintiff's health. Defendant's illegal use of Plaintiff’s personal information to obtain credit and funds through that credit damaged Plaintiff's credit with American Express Plaintiff refused to participate in this illegal activity. During the course of Plaintiffs employment Defendant again attempted to purchase an eight (8) million dollar house for Dr. Brown. This purchase was again in violation of a Harris County District Court’s Order. Plaintiff refused to participate in this illegal activity. During the course of Plaintiff's employment, Dr. Brown sent Plaintiff a memo ordering them to stop paying the staff support payments for his ex wife during a contentious divorce or he would “fire your ass.” This was a direct violation of the temporary orders for support. Plaintiff refused to engage in this illegal activity. During the course of Plaintiff's employment, two female employees of Dr. Brown produced statements alleging that Dr. Brown sexually assaulted an unconscious woman on his boat in the presence of others. A concern was brought up by others of the potential S RIGINAL ETITION impact of that these statements could have on the pending British Airways criminal case against Dr. Brown . When discussions of paying these women money ensued so they would not go forward with the complaints or charges as they could possibly hurt the criminal case against Dr. Brown Plaintiff specifically refused to engage in any conduct of extortion obstruction of justice, or interfere with any potential criminal charges. During the course of Plaintiffs employment, Plaintiff refused to obtain or be involved in obtaining prescriptions for Dr. Brown using employees. It was only after Plaintiff refused to engage in illegal activities that Defendant Brown Medical Center demoted Plaintiff from Chief of Staff to Director of Personal Asset Management. Defendant Brown Medical Center also retroactively reduced Plaintiff's salary, essentially cutting it to less than half and eliminating Plaintiff’ s bonus Very recently during the course of Plaintiffs employment, Plaintiff, as Director of Dr. Brown's personal asset management, did not renew the lease on Dr. Brown’s Central Park apartment pursuant to directives Despite this renewal, Dr. Brown paid cash, for a year in advance (in excess of $200,000.00) for the year lease of this apartment. This cash transaction is in violation of both the Harris County District Court order and the Federal Bankruptcy Order in place against Dr. Brown and his companies. Plaintiff refused to engage in this activity or keeping Dr. Brown’s cash transaction (as he filed pleadings in bankruptcy court swearing he did not have this kind of cash on hand) secret from the authorities, including any bankruptcy trustees. A flight attendant accused Dr. Brown of making sexual comments towards her and choking her. Michael Brown M.D. and his companies are under a CRO agreement rsuant to a Bankruptcy court order Plaintiff began reporting to the CRO in March 2013. David Grange is the CRO and informed Plaintiff that he was demoted. Though the idea of the agreement is to save money and the keep Brown and his entities out of bankruptcy, Mr. Grange’s company takes a fee, Mr. Grange is paid individually, Mr. Grange’s employees from North Carolina are paid and Mr. Grange and the employees are commuting from North Carolina, Florida and other states to Texas and returning home with their expenses paid. Plaintiff reported these illegal activities and his refusal to perform them to David Grange. S RIGINAL ETITION Based on the above facts, Plaintiff contends that Defendant Brown Medical Center violated the public policy of the State of Texas as expressed by the Texas Supreme Court in Sabine Pilot Service, Inc. v. Hauck 637 SW. 2d 733 (Tex. 1985) because Plaintiff refused to assist Defendantsin any illegal activities which carry a criminal penalty Based on the above facts, Plaintiff contends that Defendants committed intentional infliction of emotional distress against Plaintiff Based on the above facts, Plaintiff contends that Defendants invaded Plaintiff’s privacy, including but not limited to intrusion on seclusion, and appropriation of name or likeness. Based on the above facts, Plaintiff contends that Defendants committed fraud and theft against Plaintiff. IMELINESS Plaintiff filed Plaintiffs lawsuit within the time limits of all asserted claims. EDERAL LAIMS Plaintiff does not assert any federal claims in this proceeding. Additionally, Plaintiff is in no way seeking damages or remedies that may stem from a federal cause of action. AMAGES As a direct and proximate result of the aforementioned arbitrary and capricious acts, the Plaintiff has suffered grievous harm, including, but not limited to, substantial loss of income; humiliation and embarrassment among co workers and others; sustained damage to his credibility and reputation, emotional distress which physically manifested itself to the point of being a serious medical threat to Plaintiff's health. S RIGINAL ETITION XEMPLARY AMAGES Defendants’ actions in discharging Plaintiff were harsh, oppressive and malicious. The wrong done by Defendants was aggravated by the kind of willfulness, wantonness, and malice for which the law allows the imposition of exemplary damages. Defendan acted with an evil intent to harm Plaintiff. The conduct was intentional, with conscious indifference to the rights of Plaintiff and without justification or excuse. As a direct and proximate result of the aforementioned arbitrary and capricious acts, the Plaintiff has suffered grievous harm, including, but not limited to, substantial loss of income; humiliation and embarrassment among co workers and others; sustained damage to his credibility; sustained damage to Plaintiff's prospects for future employment in the Houston, Texas area; and sustained damage from the self compelled defamation whenever Plaintiff informs a prospective employer of the slander or libel perpetuated by Defendants. Plaintiff, therefore, seeks exemplary damages in a sum to be determined by the trier of facts to serve as punishment to deter Defendants from such conduct in similar situations. In a Sabine Pilot case, the trier of fact may award Plaintiff exemplary damages. TTORNEY Defendants’ action and conduct as described herein and the resulting damage and loss to Plaintiff has necessitated Plaintiff retaining the services of ROSENBERG & SPROVACH, 3555 Timmons Lane uite 10, Houston, Texas 770 in initiating this proceeding. Plaintiff seeks recovery of reasonable and necessary attomey’s fees. S RIGINAL ETITION URY__EMAND Plaintiff hereby makes Plaintiffs request for a jury trial in this cause pursuant to Rule 216 of the Texas Rules of Civil Procedure and deposits with the District Clerk of Harris County, Texas the jury fee of thirty ($30.00) Dollars. RAYER WHEREFORE, Plaintiff prays the Court order to award such relief including the following: Grant Plaintiff actual damages; Order the Defendantsto award Plaintiff back pay; Order the Defendants to award front pay; Order the Defendants award Plaintiff reimbursement in expenses; Grant Plaintiff pre judgment and post judgment interest; Grant Plaintiff punitive damages for the violation of Common Law; Grant Plaintiff general damages for the damage to Plaintiffs reputation; Damages for mental pain and mental anguishand emotional distress Judgment against Defendants, for actual damages sustained by Plaintiff as alleged herein; and, Such other and further relief, at law or in equity, general or special to which Plaintiff may show himself stly entitled. S RIGINAL ETITION Respectfully Submitted, /s/ Ellen Sprovach Ellen Sprovach Texas State Bar ID 24000672 ROSENBERG & SPROVACH 3555 Timmons Lane, Suite Houston, Texas 77027 (713) 960 00 (713) 621 Attomey Charge for Plaintiff OF COUNSEL: Gregg M. Rosenberg ROSENBERG & SPROVACH ATTORNEYS FOR PLAINTIFF S RIGINAL ETITION