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4838-3184-3610.6
IN THE UNITED STATES DISTRICT COURT
FOR 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 OF
CARL BAHR IN SUPPORT OF
PLAINTIFFS MOTION FOR
PRELIMINARY INJUNCTION
SUPPLEMENTAL DECLARATION OF CARL BAHR IN SUPPORT OF PLAINTIFFS
MOTION 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
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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
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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
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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.
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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
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CERTIFICATE OF SERVICE
I hereby certify that on May 30, 2014 I electronically filed the foregoing with the Clerk
of the Court using the CM/ECF system and served such filing to the following email addresses:
William F. Jones, Esq,
MOYE WHITE LLP
16 Market Square 6th Floor
1400 16th Street
Denver CO 80202-1486
EMAIL: billy.jones@moyewhite.com
Attorney for Defendant
s/ Edna Slagle
Edna Slagle
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