JEFFERSON COUNTY DISTRICT COURT, STATE OF COLORADO Address: 100 Jefferson County Parkway Golden, Colorado 80401 Telephone:

(303) 271-6145 Plaintiff: COMFORT DENTAL GROUP, INC., a Colorado Corporation,

v. Defendant: DR. MELVIN EUGENE BALL, an individual. COURT USE ONLY

Attorneys for Plaintiff: Eric B. Liebman (#27051) William F. Jones (#35294) Joshua P. Kweller (#40686) MOYE WHITE LLP 1400 16th Street, 6th Floor Denver, Colorado 80202 Telephone: (303) 292-2900 Facsimile: (303) 292-4510 Email: [email protected] [email protected] [email protected]

Case No.: Division/Courtroom:

COMPLAINT Plaintiff, Comfort Dental Group, Inc. (Comfort Dental), by its attorneys, MOYE WHITE LLP, states: INTRODUCTION 1. This case arises from Defendant Dr. Melvin Eugene Balls (Dr. Ball) slanderous statements made regarding the quality of Comfort Dentals professional services, the competence of Comfort Dentals business model, and moreover, personally attacking the founder and Chief Executive Officer of Comfort Dental. Dr. Ball, a purportedly part-time professor of dentistry at the University of Colorado Dental School, made untrue comments to his colleague in front of students denigrating the dental work, business structure, and professional care performed by Comfort Dental dentists, and furthermore personally comparing the founder and CEO of

Comfort Dental to Adolf Hitler. Comfort Dental seeks damages to rectify the harm it has suffered. PARTIES, JURISDICTION, AND VENUE 2. Comfort Dental is a Colorado corporation with its principal place of business at 2540 Kipling Street, Lakewood, Colorado 80215. 3. Defendant Dr. Melvin Eugene Ball (Dr. Ball) is a Wyoming citizen who, upon information and belief, resides at 1353 Tomahawk Road, Cheyenne, Wyoming 82009. 4. Jurisdiction is proper in Colorado pursuant to C.R.S. 13-1-124 and the United States and Colorado constitutions as the acts complained of herein occurred in Colorado. 5. Venue is proper in this judicial district and county pursuant to C.R.C.P. 98(c), as among other things, upon information and belief, Defendant is not a resident of this state and thus action may be commenced in the county designated by the complaint. GENERAL ALLEGATIONS 6. Comfort Dental provides affordable dental care and is the largest dental franchise in the United States. Each office is independently owned and operated. 7. Dr. Ball is purportedly a part-time professor at the University of Colorado School of Dental Medicine (CU Dental School). 8. Comfort Dental had received notice from various sources that particular faculty members of CU Dental School had made derisive and defamatory comments regarding Comfort Dental in front of students and other faculty members. 9. Comfort Dental reached out to the CU Dental School administration in an effort to stop these defamatory statements being made by CU Dental School faculty, including sending letters and meeting with CU Dental School administrators. 10. On information and belief, in December 2013 Dr. Ball had a conversation with a faculty colleague in the faculty lounge regarding Comfort Dental, during which he made defamatory statements regarding Comfort Dental and Comfort Dentals Chief Executive Officer. 11. Among the comments made by Dr. Ball, when he was asked what he knew about Comfort Dental, Dr. Ball responded that he knew all that he need[ed] to know and that I know you cannot provide consistent, quality dental care when all you care about is your bottom line. 12. On information and belief, Dr. Ball continued by commenting about Comfort Dentals CEO, stating that he is like Hitler and stating that Dr. Ball [couldnt] understand how he gets away with it. 2

13. Dr. Balls defamatory statements were made to a colleague and were made in the presence of other faculty, administrative staff or students. 14. These defamatory statements were not made in the education of students or for any other beneficial purpose of the CU Dental School. 15. Dr. Balls statements are not based upon any facts or truth, as Dr. Ball has no basis for his assertions that Comfort Dental only cares about its bottom line, that Comfort Dental does not provide consistent, quality dental care, or that Comfort Dentals CEO is like Hitler. 16. Dr. Balls actions were willful and wanton in that he was consciously aware that his statements were not based upon any facts or truth and would harm Comfort Dental, but nonetheless intentionally made the defamatory statements without regard for the risk of harm to Comfort Dental. Indeed, his defamatory comments were made in response to the CU Letter, which specifically stated that such comments were not to be made. 17. damaged. As a result of Dr. Balls statements, Comfort Dentals reputation has been

18. Based on information and belief, Dr. Ball is likely to continue to make false and disparaging statements about Comfort Dental. FIRST CLAIM FOR RELIEF (Defamation Outside the Scope of Employment) 19. herein. 20. As demonstrated more fully above, Defendant has made defamatory statements concerning Comfort Dental, the conduct of its business, and its CEO, including, but not limited to, the following: a. Stating that Comfort Dental does not provide consistent, quality dental care to its patients because Comfort Dental only cares about its bottom line. b. Defaming Comfort Dentals CEO by stating that he was like Hitler. 21. Defendant published these defamatory statements to third parties. The preceding paragraphs are incorporated herein by reference as if fully set forth

22. These defamatory statements relate to the conduct of Comfort Dentals business and professional reputation and thus are per se defamatory. 23. made them. The substance or gist of the defamatory statements are false at the time Dr. Ball

24. Dr. Balls acts were willful and wanton in that Dr. Ball knew the defamatory statements were false and/or made the statements with reckless disregard as to their falsity and the harm that would be caused by his statements. 25. Dr. Ball made the defamatory statements while outside the scope of his employment as a part-time professor in that his defamatory statements were not made in the education of students or for any other benefit to his employer, but rather occurred in the faculty lounge during a conversation with another professor. The defamatory statements were unrelated to the work assigned to him, were not incidental to the work assigned to him, and provided no benefit to the CU Dental School. 26. As a result of the defamatory statements, Comfort Dental has suffered damages in an amount to be proven at trial, including, but not limited to, actual damages, interest, costs, attorneys fees and expenses of litigation. SECOND CLAIM FOR RELIEF (Defamation in the Alternative to the First Claim for Relief) 27. herein. 28. As demonstrated more fully above, Defendant has made defamatory statements concerning Comfort Dental, the conduct of its business, and its CEO, including, but not limited to, the following: a. Stating that Comfort Dental does not provide consistent, quality dental care to its patients because Comfort Dental only cares about its bottom line. b. Defaming Comfort Dentals CEO by stating that he was like Hitler. 29. Defendant published these defamatory statements to third parties. The preceding paragraphs are incorporated herein by reference as if fully set forth

30. These defamatory statements relate to the conduct of Comfort Dentals business and professional reputation and thus are per se defamatory. 31. made them. The substance or gist of the defamatory statements are false at the time Dr. Ball

32. Dr. Balls acts were willful and wanton in that Dr. Ball knew the defamatory statements were false and/or made the statements with reckless disregard as to their falsity and the harm that would be caused by his statements. 33. As a result of the defamatory statements, Comfort Dental has suffered damages in an amount to be proven at trial, including, but not limited to, actual damages, interest, costs, attorneys fees and expenses of litigation. 4

THIRD CLAIM FOR RELIEF (Defamation as a Private Citizen in the Alternative to the First Claim for Relief) 34. herein. 35. As demonstrated more fully above, Defendant has made defamatory statements concerning Comfort Dental, the conduct of its business, and its CEO, including, but not limited to, the following: a. Stating that Comfort Dental does not provide consistent, quality dental care to its patients because Comfort Dental only cares about its bottom line. b. Defaming Comfort Dentals CEO by stating that he was like Hitler. 36. Defendant published these defamatory statements to third parties. The preceding paragraphs are incorporated herein by reference as if fully set forth

37. These defamatory statements relate to the conduct of Comfort Dentals business and professional reputation and thus are per se defamatory. 38. made them. The substance or gist of the defamatory statements are false at the time Dr. Ball

39. Dr. Balls acts were willful and wanton in that Dr. Ball knew the defamatory statements were false and/or made the statements with reckless disregard as to whether they were false and the harm that would be caused by his statements. 40. Dr. Ball was not employed with the CU Dental School as a public employee at the time of his actions, and as such, none of his defamatory comments are covered by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq. 41. As a result of the defamatory statements, Comfort Dental has suffered damages in an amount to be proven at trial, including, but not limited to, actual damages, interest, costs, attorneys fees and expenses of litigation. WHEREFORE, Plaintiff Comfort Dental Group, Inc. respectfully requests that this Honorable Court enter judgment in favor of Plaintiff Comfort Dental Group, Inc. and against Dr. Melvin Eugene Ball as follows: a. b. c. For damages in an amount to be proven at trial as to Comfort Dentals claims for defamation; For a preliminary and permanent injunction against Dr. Ball from making false statements regarding Comfort Dental; For all costs, expenses and attorneys fees as allowed by law; 5

d. e.

For pre- and post-judgment interest as allowed by law; and For such other and further relief this Court deems just and proper.

Respectfully submitted this ____ day of December, 2013. MOYE WHITE LLP

By: /s/ Eric. B. Liebman Eric B. Liebman (#27051) William F. Jones (#35294) Joshua P. Kweller (#40686) 16 Market Square 1400 16th Street, 6th Floor Denver, Colorado 80202-1027 Telephone: (303) 292-2900 Facsimile: (303) 292-4510 Email: [email protected] Email: [email protected] Email: [email protected] Attorneys for Comfort Dental Group, Inc. ADDRESS OF PLAINTIFF: Comfort Dental Group, Inc. 2540 Kipling Street Lakewood, Colorado 80215