I have the transcripts from the hearing held in Syracuse on Wednesday (14 Aug 2013) and right out of the gate there seems to be a problem right out of the Nashville office with “compliance”. I’m sure everyone is shocked, right?
Guess who seems to have a problem with it, compliance, that is? It would be Ms. Linda Zoeller. What is the problem you ask? She is having problems “complying” with a court Order issued several months ago. (I know, stop laughing.) Of course she is having trouble. I know, I know, they don’t understand “comply” “compliance” or any other form of “following the rules”. Yes, I know, Zoeller is the one who files the thousands of falsified documents for the fake owners and yes, I know she is the “keeper of the rubber stamps” (rubber stamp signatures of “owner dentists”), so of course she is not going to be forthcoming in anything she does. Non of these folks are, they believe to their core laws, rules, standards and guidelines do not apply to any of them! And frankly, from what I’ve seen so far, they are right; no one makes them follow any rules.
Well, apparently the folks in Nashville are still trying to hide evidence, and Zoeller is assisting in that endeavor. (Stop it! I know you are in tears laughing… lol). Zoeller issued an affidavit a few days ago and the attorneys, nor the judge can figure out if she (Zoeller) is saying she is finally in compliance with the court’s Order or not in compliance. Just from my experience, I’m going with “not”.
Amazingly Zoeller is having problems producing the performance reviews and and evidence on how they disciplined the dentists who didn’t meet the financial goals of the company. I can’t imagine why they would want to hide that information! (sarcasm) You know they actually sent some files with blank performance review sheets in them! I take that as a big ole F you!
If I were any of the dentists on trial, I would certainly want them shown to the court. But I guess before that, those dentists have got to stop with the bullshit singing the corporate song and start worrying about saving their own asses. Have the dentists not realized yet, these attorneys do NOT have their best interest at heart!
Zoeller is one old heifer I’d love to see on the stand and under oath, with a special perjury officer standing beside her. Or, maybe one of those bark collars that shocks her ass every time she lies. Oooo…what about a lie detector projected on a screen for the jury to see as she is asked questions. Gosh, I’d buy a ticket for a performance like that, wouldn’t you? Yeah, I know we can’t do that, but it sure would be fun. One this is certain, she would likely blow a lie detector machine in about the first 3 minutes or less.
Anyway, they have been trying to hide this intel for almost a year,(ok, since the beginning of time) still no one can figure out if Zoeller is saying she has produced them all or not. I have a pretty good idea, don’t you?
Zoeller basically says she is over worked and they are short handed and in the past year hasn’t had time to pull any files. LMAO! Zoeller says she is working 80 hours a week. Well, damnit, I’m close enough to check that out. Just saying…
Anyway, the judge plans on issuing an “adverse inference” sanction and is going to require Zoeller to be at the hearing to answer some questions. Ooo, I might have to make this one.
The judge says, “…clearly, my view, based on in large part Miss Zoeller’s affidavit about the efforts or lack of efforts that were made, is that an adverse inference is appropriate here.”
“… I do think that the failure to produce was willful.”
“…it is very clear from Miss Zoeller’s affidavit that they didn’t take seriously this, the obligation to preserve these records, to obtain and preserve these records during the course of the litigation.”
Bill Hethcock
