8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

1/21

14838-3184-3610.6

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLORADO

CDMO, INC. AND CDET, INC.

Plaintiffs,

v.

COMFORT DENTAL GROUP, INC.,

Defendant.

CASE NO. 1:14-cv-00871-RPM-MJW

SUPPLEMENTAL DECLARATION OFCARL BAHR IN SUPPORT OF

PLAINTIFFS MOTION FORPRELIMINARY INJUNCTION

SUPPLEMENTAL DECLARATION OF CARL BAHR IN SUPPORT OF PLAINTIFFSMOTION FOR PRELIMINARY INJUNCTION

I, Dr. Carl Bahr, hereby state and affirm as follows:

1. I am the duly elected secretary of Plaintiffs CDMO, Inc. and CDET, Inc.

(CDMO and CDET) and am the official keeper of the books and records of both. Along

with my brother, Dr. Craig Bahr (the CEO), I have responsibility for ensuring performance of the

Subfranchisor Agreements with Comfort Dental. As such, I have personal knowledge of the

facts stated herein, and submit this Declaration in support of Plaintiffs Motion for Preliminary

Injunction against Defendant Comfort Dental Group, Inc. (Comfort Dental).

2. Attached is a true and correct copy of an email from Dr. Rick Kushner dated

April 26, 2014.

3. Attached is a true and correct copy of an email from Dr. Kushner dated

October 4, 2013. Dr. Kushners October 4, 2013 email responds to my prior efforts to discuss

certain regulatory compliance issues with him in order to reduce regulatory and other legal risks

Case 1:14-cv-00871-RPM Document 17 Filed 05/30/14 USDC Colorado Page 1 of 6

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

2/21

24838-3184-3610.6

to CDMO, CDET, our subfranchisees and Comfort Dental. His response, stating that he is now

the worst enemy you can imagine and seeming to threaten my sister-in-law Shayna Bahr,

caused me to believe he was opposed to discussing regulatory compliance or taking actions to

comply with the law. This exchange and other communications about compliance came months

before any negotiations between us and Comfort Dental relating to any buy-out. A buy-out

was first seriously discussed at a meeting among Dr. Kushner, Craig (my brother), and me on

December 14, 2013.

4. Attached is a true and correct copy of my response to the foregoing email

message from Dr. Rick Kushner, my reply being dated October 9, 2013. I express surprise and

dismay at receiving a combative response to my simple request to visit about legal and

regulatory concerns.

5. Within the Comfort Dental system there has been widespread concern over the

quality of the products produced by the Comfort Dental labs and the competency of the

personnel. Attached is a true and correct copy of an email message I received on

February 21, 2014 from Mathew Draper confirming quality concerns, including an email

message from Mikal Lindman dated February 21, 2014 addressing concerns over substituting

inferior products for that which was prescribed and identifying an appliance that looked like a

make-shift item. This typifies the concerns of the doctors who are forced to use the Comfort

Dental labs.

6. Attached is a true and correct copy of an email message I received from Dr. Ben

McEvoy, a doctor within the Comfort Dental system, dated February 21, 2014 addressed to

alldocs@comfortdental.biz, an email address which sends to all doctors in the Comfort Dental

Case 1:14-cv-00871-RPM Document 17 Filed 05/30/14 USDC Colorado Page 2 of 6

mailto:alldocs@comfortdental.bizmailto:alldocs@comfortdental.biz

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

3/21

34838-3184-3610.6

system, including me. This email inquiry, like too many others, inquires about mishandled or

mixed up lab shipments, in this case, a crown.

7. Attached is a true and correct copy of an email message I received from Dr. Tom

Orrock, a doctor within the Comfort Dental system, dated April 24, 2014 addressed to

alldocs@comfortdental.biz, an email address which sends to all doctors in the Comfort Dental

system, including me. This email inquiry, like too many others, inquires about mishandled or

mixed up lab shipments, in this case, asking to locate a lost WTI, the wrong WTI having been

shipped to Dr. Orrock.

8. Attached is a true and correct copy of an email message I received from Dr.

Morgan Ball, a doctor within the Comfort Dental system, dated September 18, 2013 addressed to

alldocs@comfortdental.biz, an email address which sends to all doctors in the Comfort Dental

system, including me. This email inquiry, like too many others, inquires about mishandled or

mixed up lab shipments, in this case again asking to locate a lost crown, the wrong crown having

been shipped to Dr. Ball.

9. Attached is a true and correct copy of an email message I received from Dr.

Andreea Torok, a doctor within the Comfort Dental system, dated December 1, 2011 addressed

to alldocs@comfortdental.biz, an email address which sends to all doctors in the Comfort Dental

system, including me. This email inquiry, like many others, inquires about mishandled or mixed

up lab shipments, in this case again asking to locate a lost crown, the wrong crown having been

shipped to Dr. Torok.

10. Attached is a true and correct copy of an email message I received from Dr.

Nathan Barton, a doctor within the Comfort Dental system, dated December 23, 2011 addressed

Case 1:14-cv-00871-RPM Document 17 Filed 05/30/14 USDC Colorado Page 3 of 6

mailto:alldocs@comfortdental.biz,mailto:alldocs@comfortdental.biz,mailto:alldocs@comfortdental.biz,mailto:alldocs@comfortdental.biz,mailto:alldocs@comfortdental.biz,mailto:alldocs@comfortdental.biz,

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

4/21

44838-3184-3610.6

to alldocs@comfortdental.biz, an email address which sends to all doctors in the Comfort Dental

system, including me. This email inquiry, like many others, inquires about mishandled or mixed

up lab shipments, in this case again asking to locate a lost crown, the wrong crown having been

shipped to Dr. Barton.

11. Attached is a true and correct copy of an email message I received from Dr. Adam

Clarke, a doctor within the Comfort Dental system, dated March 7, 2014 addressed to

alldocs@comfortdental.biz, an email address which sends to all doctors in the Comfort Dental

system, including me. This email inquiry, like many others, inquires about mishandled or mixed

up lab shipments, in this case again asking to locate a lost crown, the wrong crown having been

shipped to Dr. Clarke.

12. Attached is a true and correct copy of an email message I received from Dr.

Jeremy Curtis, a doctor within the Comfort Dental system, dated April 3, 2012 addressed to

alldocs@comfortdental.biz, an email address which sends to all doctors in the Comfort Dental

system, including me. This email inquiry, like many others, inquires about mishandled or mixed

up lab shipments, in this case again asking to locate a lost crown, the wrong crown having been

shipped to Dr. Curtis.

13. Attached is a true and correct copy of an email message from Dr. Rob Jefferies, a

doctor within the Comfort Dental system, dated August 27, 2013 addressed to

alldocs@comfortdental.biz, an email address which sends to all doctors in the Comfort Dental

system, including me. This email inquiry, like too many others, inquires about mishandled or

mixed up lab shipments, in this case again asking to locate a lost partial, the wrong partial having

been shipped to Dr. Jefferies.

Case 1:14-cv-00871-RPM Document 17 Filed 05/30/14 USDC Colorado Page 4 of 6

mailto:alldocs@comfortdental.biz,mailto:alldocs@comfortdental.biz,mailto:alldocs@comfortdental.biz,mailto:alldocs@comfortdental.biz,mailto:alldocs@comfortdental.biz,mailto:alldocs@comfortdental.biz,mailto:alldocs@comfortdental.biz,mailto:alldocs@comfortdental.biz,

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

5/21

54838-3184-3610.6

14. Attached is a true and correct copy of an email message I received from Dr. Ryan

Klumb, a doctor within the Comfort Dental system, dated August 24, 2013 addressed to

alldocs@comfortdental.biz, an email address which sends to all doctors in the Comfort Dental

system, including me. This email inquiry inquires about mishandled or mixed up lab shipments,

in this case again asking to locate a lost crown, the wrong crown having been shipped to Dr.

Klumb.

15. I declare under penalty of perjury, pursuant to 28 U.S.C. 1746, that the

foregoing statements are true and correct to my personal knowledge.

Dated this 30th day of May, 2014.

s/Dr. Carl Bahr Dr. Carl Bahr

Case 1:14-cv-00871-RPM Document 17 Filed 05/30/14 USDC Colorado Page 5 of 6

mailto:alldocs@comfortdental.biz,mailto:alldocs@comfortdental.biz,

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

6/21

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

7/21

Case 1:14-cv-00871-RPM Document 17-1 Filed 05/30/14 USDC Colorado Page 1 of 15

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

8/21

Case 1:14-cv-00871-RPM Document 17-1 Filed 05/30/14 USDC Colorado Page 2 of 15

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

9/21

Case 1:14-cv-00871-RPM Document 17-1 Filed 05/30/14 USDC Colorado Page 3 of 15

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

10/21

Case 1:14-cv-00871-RPM Document 17-1 Filed 05/30/14 USDC Colorado Page 4 of 15

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

11/21

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

12/21

Case 1:14-cv-00871-RPM Document 17-1 Filed 05/30/14 USDC Colorado Page 6 of 15

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

13/21

Case 1:14-cv-00871-RPM Document 17-1 Filed 05/30/14 USDC Colorado Page 7 of 15

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

14/21

Case 1:14-cv-00871-RPM Document 17-1 Filed 05/30/14 USDC Colorado Page 8 of 15

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

15/21

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

16/21

Case 1:14-cv-00871-RPM Document 17-1 Filed 05/30/14 USDC Colorado Page 10 of 15

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

17/21

Case 1:14-cv-00871-RPM Document 17-1 Filed 05/30/14 USDC Colorado Page 11 of 15

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

18/21

Case 1:14-cv-00871-RPM Document 17-1 Filed 05/30/14 USDC Colorado Page 12 of 15

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

19/21

Case 1:14-cv-00871-RPM Document 17-1 Filed 05/30/14 USDC Colorado Page 13 of 15

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

20/21

8/12/2019 Doc 17 CSMO CDET Craig and Carl Bahr v Comfort Dental - Affidavit of Carl Bahr 05-30-2014

21/21