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, COURT USE ONLY

v. Defendants: DR. THOMAS BORRIS, an individual.

___________________________ 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: eric.liebman@moyewhite.com billy.jones@moyewhite.com josh.kweller@moyewhite.com COMPLAINT Plaintiff, Comfort Dental (Comfort Dental), by its attorneys, MOYE WHITE LLP, states: INTRODUCTION 1. This case arises from Defendant Dr. Thomas Borris (Dr. Borris) slanderous statements made regarding the quality of Comfort Dentals professional services and the motivations of Comfort Dentals dentists. Dr. Borris, an associate professor of surgical dentistry at the University of Colorado Dental School, made untrue and defamatory comments during a lecture to his students denigrating the dental work performed by Comfort Dental dentists and stating that Comfort Dental dentist were not good doctors and were only out for money. Comfort Dental seeks damages to rectify the harm it has suffered. Case No.: Division/Courtroom:

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. Thomas Borris (Dr. Borris) is a Colorado citizen, who upon information and belief, resides at 14204 West Dartmouth Avenue, Lakewood, Colorado 80228. 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 resides in Jefferson County. 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. Borris is an associate professor and the Chairman of the Division of Oral and Maxillofacial Surgery at the University of Colorado School of Dental Medicine (CU Dental School). 8. Dr. Borris teaches a class on oral surgery.

9. On information and belief, on more than one occasion, Dr. Borris has referenced Comfort Dental during his class lecture as an example of a dentistry practice that performs poor dental work and is only focused on the bottom line without any basis for his defamatory remarks. 10. For example, in one class in August 2013, Dr. Borris was lecturing on the importance of properly diagnosing and recording periodontal disease. Upon a question from a student about whether a dentist is responsible for recording periodontal disease on a patients chart even if the dentist is only performing a limited oral evaluation, Dr. Borris responded that, If its on your radiograph, you are responsible for it. The difference between Dr. Smith at Comfort Dental and yourself in your own private office is the fact that you are going to look at your entire patient even on a limited examination, because that makes you a good doctor, and him out for money. 11. Similarly, on information and belief, during class Dr. Borris provided a hypothetical situation regarding a patient who comes into the CU Dental Schools emergency clinic. In instructing his class with regards to gaining information on the hypothetical patient, Dr. Borris referenced Comfort Dental as an example of a dentistry practice that provided poor professional services that caused the hypothetical patient to seek care from the emergency clinic. 2

12. Dr. Borris defamatory statements were made during class lecture in front of a large number of students. 13. Dr. Borris statements are not based upon any facts or truth, as Dr. Borris has no basis for his assertions that Comfort Dental dentists provide poor patient care, that Comfort Dental dentists are not good doctors, or that Comfort Dental dentists are just out for money at the expense of their patients. 14. Dr. Borris 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. 15. damaged. As a result of Dr. Borris statements, Comfort Dentals reputation has been

16. Based on information and belief, Dr. Borris is likely to continue to make false and disparaging statements about Comfort Dental. FIRST CLAIM FOR RELIEF (Defamation) 17. herein. 18. As demonstrated more fully above, Defendant has made defamatory statements concerning Comfort Dental, the conduct of its business, and the quality of its dentists, including, but not limited to, the following: a. Specifically stating that Comfort Dental dentists are not good doctors and provide worse patient care than private practice dentists because Comfort Dental dentists are only out for money. b. Using Comfort Dental in a hypothetical scenario as an example of a firm that provides poor dental service. 19. Defendant published these defamatory statements to third parties. The preceding paragraphs are incorporated herein by reference as if fully set forth

20. These defamatory statements relate to the conduct of Comfort Dentals business and professional reputation and thus are per se defamatory. 21. made them. The substance or gist of the defamatory statements are false at the time Dr. Borris

22. Dr. Borris acts were willful and wanton in that Dr. Borris 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. 23. 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. Thomas Borris as follows: a. b. c. d. e. 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. Borris from making false statements regarding Comfort Dental; For all costs, expenses and attorneys fees as allowed by law; 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: eric.liebman@moyewhite.com Email: billy.jones@moyewhite.com Email: josh.kweller@moyewhite.com

Attorneys for Comfort Dental Group, Inc. ADDRESS OF PLAINTIFF: 4

Comfort Dental Group, Inc. 2540 Kipling Street Lakewood, Colorado 80215