Ellis Clinic, P.C. v. Amanda Knowles

IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA ELLIS CLINIC, P.C., an Oklahoma Professional Corporation, Plaintiff, vs. AMANDA KNOWLES, an individual, and CALIBER MEDICAL, PLLC, an Oklahoma Professional Limited Liability Company, Defendant. Case No. CJ-2026 - 1547 PETITION COMES NOW the Plaintiff, Ellis Clinic, P.C., an Oklahoma Professional Corporation, by and through its attorneys of record, Adam J. Singer, Grady R. Conrad and Stacey R. Steiner of the firm DERRYBERRY & NAIFEH, LLP, and for its causes of action against Defendants, Amanda Knowles and Caliber Medical, PLC, an Oklahoma Professional Limited Liability Company, alleges and states as follows: I. PARTIES 1. Plaintiff, Ellis Clinic, P.C., is an Oklahoma Professional Company in good standing, doing business in the City of Oklahoma City, Oklahoma County, State of Oklahoma. 2. Defendant, Amanda Knowles (hereinafter, "Knowles"), is an individual, and at all relevant times, domiciled in and residing in the State of Oklahoma. 3. Defendant, Caliber Medical, PLLC (hereinafter “Caliber”), is an Oklahoma Professional Limited Liability Company, doing business in the City of Oklahoma City, County of Oklahoma, State of Oklahoma. II. JURISDICTION AND VENUE 4. The principal subject of the present action concerns business operations located in Oklahoma City, Oklahoma County, State of Oklahoma. Therefore, this Court has subject matter jurisdiction of the present action. 5. This Court has personal jurisdiction of the parties by virtue of their respective minimum contacts with Oklahoma County, State of Oklahoma. 6. Venue is proper in Oklahoma County, State of Oklahoma. III. FACTUAL ALLEGATIONS 7. That on or about January 5, 2015, Knowles began working for Plaintiff as a Physician’s Assistant in Plaintiff’s medical clinic located in Oklahoma City, Oklahoma. 8. That Plaintiff’s clinic offers medical care for patients injured in an accident, patients injured on the job, and patients who qualify for social security disability, to name a few. 9. That on or about January 5, 2015, Plaintiff entered into a Confidentiality & Education Agreement (hereinafter, the “Agreement”) with Knowles regarding the confidentiality of Plaintiff’s medical practices, called, “Ellis Clinic’s Legal Medicine Expertise” (hereinafter, “Legal Medicine Expertise”). The Agreement states, among other things, that Knowles waives the $10,000.00 education fee paid to Plaintiff if Knowles is confidential, does not teach or inform other persons or entities, other than Ellis Clinic associates, about the Legal Medicine Expertise for one year after Knowles leaves her employment with Plaintiff. In addition, Knowles also agreed to not see Federal or Veteran Disability patients outside of Ellis Clinic for a period of one (1) year after leaving her employment with Plaintiff. 10. That on or about March 22, 2024, Knowles handed her written resignation of her employment with Plaintiff. 11. That approximately two months before handing in her resignation, while still employed with Plaintiff, Knowles printed out the entire patient data base for all of Plaintiff’s patients. 12. Upon information and belief, Knowles formed Caliber Medical for the purposes of unlawfully using information she obtained during her employment with Plaintiff to unfairly compete with Plaintiff and to divert Plaintiff’s established patients away from Plaintiff. 13. That on or about March 27, 2024, Plaintiff’s patients began receiving a flyer from Caliber Medical inviting the patients to become patients at Caliber Medical. Knowles’ picture and name are on the flier stating that “Formerly of Ellis Clinic, Amanda Knowles, PA invites you to become a patient at Caliber Medical.” 14. That in the fall of 2023, Plaintiff transferred all patients who are in need of scheduled drugs to physicians that were board certified in pain management, in order to better serve its patients. 15. Since the fall of 2023, Knowles has been unlawfully and untruthfully telling Plaintiff’s patients that the reason Plaintiff transferred these patients to physicians who were board certified in pain is that Dr. Ellis lost his medical license. 16. That Plaintiff, upon information and belief, believes Knowles has started a new medical practice, namely, Caliber Medical, PLLC, in the same or similar line of work as Ellis Clinic, P.C, and is attempting to use the information she obtained from Plaintiff illegally, for the benefit of Knowles’ new medical practice. IV. FIRST CAUSE OF ACTION (Request for Temporary Injunction and Permanent Injunction) 17. That Plaintiff incorporates by reference each and every material allegation contained in numerical paragraphs one through sixteen above as if fully set forth herein. 18. That Plaintiff is entitled to a temporary injunction and permanent injunction pursuant to Title 12 O.S. §§ 1382, 1384.1, the Oklahoma Deceptive Trade Practices Act, 78 O.S. § 51, et seq., the Oklahoma Uniform Trade Secrets Act, 78 O.S. § 85, et seq., and common law. 19. That Plaintiff has no adequate remedy at law or otherwise, because Plaintiff is in danger of permanently losing patients and business as a result of Defendants’ actions. 20. That Knowles is a former employee of Plaintiff. 21. That Plaintiff, upon information and belief, has lost confidential trade secrets, business opportunities, marketing techniques and branding, and other information developed by Plaintiff to which Knowles was provided access during the course of her employment. Upon information and belief, Defendants have used the information and disparaged Plaintiff’s business to solicit Plaintiff’s patients for their own purpose and profit. Plaintiff has lost and will continue to lose patients as a result of Defendants’ actions. 22. That Plaintiff has no adequate remedy at law or otherwise because of the particular nature of the damage done and the likelihood of repetitive injury in the future. 23. That Plaintiff will suffer irreparable harm, damage, and injury unless Defendants acts and conduct set forth herein are enjoined. 24. That Defendants are engaged in deceptive trade practices in violation of Title 78 O.S. § 51, et seq., and should therefore be enjoined from continuing to do so under Title 78 O.S. § 54. V. SECOND CAUSE OF ACTION (Breach of Fiduciary Duty) (Against Knowles) 25. That Plaintiff incorporates by reference each and every material allegation contained in numerical paragraphs one through twenty-four above as if fully set forth herein. 26. That by virtue of her employment with Plaintiff, Knowles owed Plaintiff a fiduciary duty of loyalty. This fiduciary duty included a duty to keep confidential the private and proprietary information of Plaintiff, including but not limited to patient lists, patient demographics, and pricing structures. 27. That by virtue of her employment with Plaintiff, Knowles owed Plaintiff a fiduciary duty of loyalty to not disclose or compete with Plaintiff’s business or to solicit Plaintiff’s patients in any manner. 28. That Knowles owes Plaintiff, a fiduciary duty of good faith. Knowles breached this duty of good faith by intentionally acting for a purpose other than the benefit of the Plaintiff, by soliciting patients, sending out flyers to patients’ personal addresses, while collecting payment for herself and not for Plaintiff. VI. THIRD CAUSE OF ACTION (Violation of the Oklahoma Deceptive Trade Practices Act) 29. That Plaintiff incorporates by reference each and every material allegation contained in numerical paragraphs one through twenty-eight above as if fully set forth herein. 30 That the actions, as fully set forth above, constitute a violation of the Oklahoma Deceptive Trade Practices Act ("DTPA"), codified at 78 O.S. § 51, et seq. 31. That pursuant to the DTPA, any person damaged or likely to be damaged by deceptive trade practices of another may maintain an action of equitable jurisdiction to prevent, restrain, or enjoin such deceptive trade practices. Proof of actual monetary damages, loss of profits, or intent is not required, but if in such action damages are alleged and proved, the Plaintiff, in addition to such injunctive relief, is entitled to recover from the Defendants the actual damages sustained by the Plaintiff as a consequence of such actions. 32. That Plaintiff is entitled to injunctive relief against Defendants, as set forth above. Moreover, Plaintiff has been damaged by virtue of the actions of Defendants’ deceptive trade practices and is entitled to damages and reasonable attorney’s fees and costs. VII. FOURTH CAUSE OF ACTION (Unfair Competition) 33. That Plaintiff incorporates by reference each and every material allegation contained in numerical paragraphs one through thirty-two above as if fully set forth herein. 34. That Defendants, by virtue of Knowles’ employment with Plaintiff, upon information and belief, wrongfully obtained and misappropriated confidential and proprietary information of Plaintiff, which includes patient lists, patient files, company work product, and other information constituting trade secrets, which Defendants have used or are now using for their own account, purpose, and profit. 35. That upon information and belief, Defendants are surreptitiously engaging in anti-competitive conduct and surreptitiously using confidential information and goodwill of Plaintiff, for the purpose of acquiring Plaintiff’s patients and established goodwill. 36. That Defendants’ conduct constitutes unfair competition. 37. That Defendants have been unjustly enriched and continues to reap the benefits of Plaintiff’s goodwill, established patients, confidence, and trade secrets. As a result of Defendants’ conduct, Plaintiff suffered actual damages. 38. That Plaintiff is entitled to recover actual damages in excess of $75,000.00 and punitive damages in excess of $75,000.00. VIII. FIFTH CAUSE OF ACTION (Tortious Interference with Existing Business and Prospective Economic Advantage) 39. That Plaintiff incorporates by reference each and every material allegation contained in numerical paragraphs one through thirty-eight above as if fully set forth herein. 40. That Defendants, by engaging in anti-competitive conduct, have interfered with the present and prospective patients and business relationships of Plaintiff, without justification, privilege, or excuse, and constitutes intentional interference with its existing business relations. 41. That Defendants’ conduct was intentional, malicious, and without just cause or excuse, and, as a proximate result of her conduct, Plaintiff is entitled to recover actual damages in an amount in excess of $75,000.00 and punitive damages in excess of $75,000.00. IX. SIXTH CAUSE OF ACTION (Breach of Contract) (Against Knowles) 42. That Plaintiff incorporates by reference each and every material allegation contained in numerical paragraphs one through thirty-nine above as if fully set forth herein. 43 That Plaintiff and Knowles had a valid and enforceable contract signed on January 5, 2015. 44. That Knowles failed to perform under said Contract as required, by not following the terms and conditions set forth in the “Confidentiality & Education Agreement.” 45. The Plaintiff was harmed as a direct result of Knowles’ actions. 46. That Plaintiff is entitled to recover the $10,000.00 education fee pursuant to the terms of the Agreement. X. SEVENTH CAUSE OF ACTION (Slander) (Against Knowles) 47. That Plaintiff incorporates by reference each and every material allegation contained in numerical paragraphs one through forty-six above as if fully set forth herein. 48. That Knowles has published to Plaintiff’s patients false statements regarding Dr. Ellis’ medical license. 49. That Knowles intended these false statements to injure Dr. Ellis and Plaintiff’s business by falsely imputing Dr. Ellis with losing his medical license, for her own benefit and gain. 50. The Plaintiff was harmed as a direct result of Knowles actions. 51. That Knowles’ conduct was intentional, malicious, and without just case or excuse, and, as a proximate result of her conduct, Plaintiff is entitled to recover actual damages in an amount in excess of $10,000.00 and punitive damages in excess of $10,000.00. WHEREFORE, premises considered, Plaintiff, Ellis Clinic, P.C., an Oklahoma Professional Corporation, prays for judgment against Defendants, Amanda Knowles, and Caliber Medical, PLLC, for each of Plaintiff’s causes of action against Defendants as more fully defined above, in an amount in excess of $75,000.00, for this Court to enter a Temporary Restraining Order against Defendants, and for costs of this action to include attorney’s fees and costs, and for such other and further relief as this Court deems just and proper. Respectfully submitted, [signature] Adam J. Singer, OBA, No. 33272 Grady R. Conrad, OBA No. 32164 Stacey R. Steiner, OBA No. 19139 DERRYBERRY & NAIFEH, LLP 4800 N. Lincoln Blvd Oklahoma City, Oklahoma 73105 Telephone: 405-528-6569 Facsimile: 405-528-6462 Email: [email protected] [email protected] [email protected] ATTORNEYS FOR PLAINTIFFS VERIFICATION STATE OF OKLAHOMA ) COUNTY OF OKLAHOMA ) SS: I, John W. Ellis, M.D., of lawful age, being first duly sworn on oath, deposes and states: That he is an individual and authorized agent of Ellis Clinic, P.C., and he has read the within and foregoing Petition and the statements therein contained are true and correct as he verily believes under penalty of perjury. JOHN W. ELLIS, M.D. SUBSCRIBED AND SWORN TO before me this 27 day of February, 2026. NOTARY PUBLIC My Commission No. 17004721