Case 0:19-cv-61053-WPD Document 15 Entered on FLSD Docket 09/09/2019 Page 1 of 18

INTHE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 19-61053-CIV-DIMITROULEAS

UNITED STATES OF AMERICA )

ex rel VERONICA N. ARVEN )
and ESTATE OF THEODORE ARVEN, III )
) SEP O9 2019
) ANGELA E. NOBLE
Relators, ) CLERK U.S. DIST. CT.
S. D. OF FLA. • FT. LAUD.
)
v. )
)
THE FLORIDA BIRTH-RELATED ) FILED UNDER SEAL
NEUROLOGICAL INJURY COMPENSATION ) PURSUANT TO
ASSOCIATION )
) 31 u.s.c. § 3730(b)(2)
)
and )
)
THE FLORIDA BIRTH-RELATED )
NEUROLOGICAL INJURY COMPENSATION )
)
PLAN )
)
Defendants. )
)

AMENDED COMPLAINT

Relators Veronica ("Roni") N. Arven and the Estate of Theodore Arven, III, by and

through undersigned counsel, bring this Amended Complaint on their own behalf as well as on

behalf of the United States pursuant to the qui tam provisions of the federal False Claims Act (31

U.S.C. § 3729 et seq.) against the Florida Birth-Related Neurological Injury Compensation

Association ("the Florida Association") and the Florida Birth-Related Neurological Injury

Compensation Plan ("the Florida Plan") (collectively, "NICA") and in support thereof state as

follows:

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I. OVERVIEW

1. Relators bring this qui tam action on their own behalf as well as on behalf of the

United States to recover treble damages, civil penalties, attorneys' fees and costs for damages to

the United States.

2. In the late 1980's, Virginia was the first state in the United States to develop a

neurological birth injury compensation fund completely removed from the common law tort

system. Florida developed its own neurological birth injury compensation fund shortly thereafter.

These funds remove the most complex medical malpractice claims from the tort system, providing

an alternative means for compensating the participant for his or her birth-related neurological

injuries. Florida and Virginia are the only two states in the United States to enact statutes creating

birth-related neurological injury compensation funds.

3. Roni Arven and Theodore ("Ted") Arven, Ill (deceased) (collectively, ''the

Arvens") are the parents of Cody Arven, a minor child. At all times relevant to this Amended

Complaint, Cody Arven was ~ participant in the Virginia Birth-Related Neurological Injury

Compensation Program (''the Virginia Program"). Cody also became a Medicaid participant in

2014.

4. Through the Arvens' experience with Cody as a participant simultaneously in both

Medicaid and the Virginia Program, they learned that the Virgini& Program was knowingly causing

them and numerous other Virginia Program participants to submit false claims to Medicaid. By

federal law, Medicaid is the "payer of last resort" for any and all health care claims for a covered

beneficiary. The Virginia Program nevertheless required its participants to submit health care

claims to Medicaid prior to submitting health care claims to the Program, in effect making the

Virginia Program the "payer oflast resort."

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5. On July 7, 2015, the Arvens filed under seal a federal False Claims Act complaint

against the Virginia Program in the Eastern District of Virginia, styled United States ex rel.

Theodore Arven, III and Veronica N. Arven v. The Virginia Birth-Related Neurological Injury

Compensation Program, I: 15-cv-870 ("the Virginia Case"). The sealed complaint was

accompanied by a Material Disclosure Memorandum along with substantially all material evidence

and information in the Arvens' possession. This material evidence referenced NICA (the Florida

Association and Plan) and its nearly identical operation. Early on in the case, the Arvens, through

counsel, alerted the Department of Justice to the likelihood that, as with the Virginia Program,

NICA was causing Florida participants to submit false claims for payment to Medicaid.

6. Over the past 30 years, NICA has also declared itself the "payer of last resort" and

shifted much of the costs of care for NICA participants onto the Medicaid program-just like the

Virginia Program did (at least until the Arvens' Virginia Case). Therefore, like the Virginia
.
Program, NICA has knowingly caused numerous NICA participants to submit false claims for

payment to Medicaid that should have been paid by NICA.

7. NICA has also instructed participants that Medicaid's lien is waived upon award of

NICA benefits, and that neither NICA nor its participants must repay Medicaid for what Medicaid

paid on claims prior to the participants' entry into the Florida Plan. Therefore, NICA has

knowingly concealed or knowingly and improperly avoided or decreased NICA and/or NICA

participants' obligation to repay Medicaid's lien.

II. PARTIES

8. At all times relevant hereto, Cody Arven was a participant in the Virginia Program

and was also eligible for Medicaid. Since Cody is a minor child, the Arvens were and are

responsible for his care and upkeep, including managing his health care needs, which includes

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interacting with the Virginia Program as well as with Medicaid. Through those interactions, and

information received and reviewed in connection with the investigation of the Arvens' Virginia

Case, the Arvens learned that Florida operated a neurological birth injury fund- NICA- very

similar to the Virginia Program and that NICA caused participants to submit false claims to

Medicaid.

9. Relater Veronica ("Roni") N. Arven is the mother of Cody Arven, a minor child.

She resides at 1929 High Crest Court, Roanoke, Virginia 24012.

10. Roni Arven's sex-husband, Theodore ("Ted") Arven, III, resided at 721 Governor

Morrison Street #645, Charlotte (Mecklenburg County), North Carolina 28211, at the time of his

sudden passing on March 17, 2019. Ted was Cody's father. Ted Arven's mother, Mary Pearson

Arven, 3076 Streamhaven Drive, Indian Land, South Carolina 29707, is named in Ted's Will as

the Executor of his Estate. On August 12, 2019, Mary Pearson Arven qualified in Mecklenburg

County (NC) Superior Court as Executor of the Estate of Theodore Arven, III. By and through

Mary Pearson Arven as Executor, the Estate ofThedore Arven, III, is a Relator in this action.

11. The Florida Association and Plan have their headquarters and principal place of

business in Tallahassee, Florida.

12. The Florida Association and Plan each qualify as a ''person" as that term is defined

by the federal False Claims Act. Pursuant to §§ 766.303(3) and 766.31, Fla. Stat., the Florida

Association and Plan are properly subject to a federal False Claims Act lawsuit for causing

participants to submit false claims for payment to Medicaid for care and services covered and

payable by NICA.

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III. JURISDICTION AND VENUE

13. This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. §§ 1331 and 1345.

14. At all times relevant to the Complaint and Amended Complaint, NICA was

administered to participants throughout the State of Florida, including participants within this

District, from its offices in Tallahassee, Florida.

15. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b)(2) and 31 U.S.C.

§ 3732(a).

16. Additionally, venue is proper in this district pursuant to 28 U.S.C. § 1391(b)(2),

17. Relators state that to the best of their knowledge none of the allegations against

NICA contained in the Complaint or this Amended Complaint have been publicly disclosed;

however to the extent any of these allegations have been disclosed, the Arvens are the "original

source" as defined in 31 U.S.C. § 3730(e)(4).

18. Relaters have met all procedural requirements of 31 U.S.C. § 3730(b)(2).

IV. MEDICAID

19. Medicaid was created in 1965 in Title XIX of the Social Security Act. Medicaid is

a joint state and federal assistance program that pays medical expenses for low-income patients.

Medicaid is administered by a state agency, according the requirements of federal law.

20. Funding for Medicaid is shared between the Federal Government and those states

participating in the program. The Federal Government pays state agencies the Federal Medical

Assistance Percentage to cover a portion of the program's expenditures.

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A. Medicaid is the Payer of Last Resort

21. Many Medicaid recipients have additional sources of health care insurance

coverage, such as Medicare, TRICARE, or a private insurance company. Such "third parties"

include "any individual, entity or program that is or may be liable to pay all or part of the

expenditures for medical assistance furnished under a State plan." 42 C.F.R. § 433.136 (emphases

added); see also 41 U.S.C. § 1396a(25)(A) (defining "third parties" as "parties that are, by statute,

contract, or agreement, legally responsible for payment of a claim for a health care item or

service").

22. Federal law establishes a priority by which entities are responsible for paying a

Medicaid recipient's health care claims.

23. Medicaid is the "payer of last resort" as a matter of federal law, meaning that all

other third party sources of health insurance coverage must be exhausted before Medicaid pays a

claim.

24. State Medicaid agencies take measures to determine whether a third party is liable

for some or all of a recipient's claim for a health care item or service. At the time of an individual's

Medicaid determination or redetermination, Medicaid collects information about third party

payors that are liable to pay claims for health care items or services. Medicaid recipients are also

required to assign Medicaid all rights to medical support and medical care payments from third

parties.

B. Third Party Liability Enforcement

25. Medicaid does not pay claims that it knows are the actual or probable liability of

third party health insurance coverage or a third party health insurance program.

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26. Medicaid routinely rejects, and refuses to pay, claims for which a third party is

actually or potentially liable. Such claims are returned to the health care provider to determine the

liability of all third parties. Once determined, Medicaid will only pay the amount of the claim that

exceeds the total liability of all third parties, subject to Medicaid's rate schedule.

27. If no third party is responsible for the claim, or third party benefits are not available

at the time the claim is presented, then Medicaid must pay the claim in full (subject to Medicaid's

rate schedule). However, if Medicaid subsequently learns a third party is liable for some or all of

the claim, or that third party benefits have become available, the third party must pay Medicaid for

its share of the liability for the claim.

V. THE VIRGINIA CASE

28. Cody Arven is the child of Ted and Veronica Arven. He was born on May 28,

2003, at Carilion Roanoke Community Hospital in Roanoke, Virginia.

29. In the months following his birth, Cody was evaluated via ultrasound and Magnetic

Resonance Imaging ("MRI"). The MRI showed large bilateral areas of periventricular cyst

formation in bis brain, along with scattered smaller cysts throughout the remainder of his cortex.

His doctor, Dr. Linda Krell, found that he suffered from severe bilateral cystic periventricular

leukomalacia leading to spastic cerebral palsy.

30. Cody's treating physicians concluded that his condition was "birth-related" as

defined by Va. Code Ann. § 38.2-5001. The Arvens therefore submitted a Petition under the

Virginia Act on Cody's behalf on December 28, 2006. The Virginia Program concluded that Cody

Arven met the requirements for eligibility under the Virginia Birth-Related Neurological Injury

Compensation Act, is codified at Va. Code Ann. § 38.2-5000 et seq. (the "Virginia Act"), and he

became a participant in the Virginia Program in 2007.

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31 . After Cody Arven was admitted to the Virginia Program, George Deebo, Executive

Director of the Virginia Program, directed the Arvens to apply for Medicaid.

32. At that time, the Arven family was not on Medicaid and they told Deebo as much.

33 . Nevertheless, Deebo instructed the Arvens to apply for Medicaid just in case they

might be eligible for some benefits. Deebo further told the Arvens that the Virginia Program

encouraged its families to apply for and if possible receive Medicaid so that the Medicaid program

would cover expenses instead of the Program.

34. Years later, in 2014, the Arven family did in fact become eligible for Medicaid.

35. At that time, they were again directed to submit claims related to Cody's health care

to Medicaid instead of to the Virginia Program.

36. The Arven family did as they were told, and the resulting claims were false. These

false claims were submitted by the Arvens only because Deebo and others at the Virginia Program

directed them to do so.

37. The Arvens had specific knowledge that this scheme was widespread and that other

Virginia Program participants followed Deebo's instruction to try and obtain Medicaid.

38. As a result, the Arvens brought the Virginia Case against the Virginia Program in

2015. In the course of investigating the Virginia Case and prior to filing suit, the Arv ens learned

that Florida was the only other state in the nation that maintained a neurological birth-injury

compensation fund. The Arvens further learned through investigation that the Florida fund, NICA,

operated in nearly identical fashion to the Virginia Program and likely caused participants to

submit false claims to Medicaid just like Deebo and others at the Virginia Program had caused the

Arvens to submit Medicaid' s rate schedule.

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VI. THE FLORIDA MEDICAID PROGRAM

39. The State of Florida is a participant in the federal Medicaid program. The Florida

Medicaid program is administered by the Florida Agency for Health Care Administration

("ARCA").

40. The Florida Legislature enacted the Medicaid Third-Party Liability Act, which

provides: "Medicaid [is] the payor of last resort for medically necessary goods and services

furnished to Medicaid recipients. All other sources of payment for medical care are primary to

medical assistance provided by Medicaid." Fla. Stat§ 409.910(1); see also Fla. Stat.§ 409.910(2)

("Third-party benefits for medical services shall be primary to medical assistance provided by

Medicaid.").

41 . Florida Medicaid recipients must inform ARCA of third parties that are potentially

liable for the health care claims.

42. In the initial application for Florida Medicaid benefits, Floridians must disclose all

third party sources of health coverage or health insurance benefits.

43. Third party payer information is documented in the individual's Medicaid file and

added to the Florida Medicaid Management Information System C'FMMIS"). FMMIS is utilized

when processing Medicaid claims to avoid payment of claims for which a third party is liable.

44. When a Medicaid recipient is treated by a health care provider, the provider

presents a claim for payment to AHCA on behalf of the recipient. The claim is routed through

FMMIS, which instructs the provider to bill the identified third parties prior to submitting a claim

to Medicaid. If the provider resubmits the Medicaid claim, AHCA pays the balance, which

represents the difference between the total third party liability and the full amount of the claim,

subject to Medicaid's rate schedule.

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45. AHCA Medicaid payments are comprised of federal, state, and local funds. For

example, in 2017, the Florida Medicaid program was funded with approximately 61 % federal

funds and 39% funds from the state and local governments or taxes on health care providers such

as hospitals and nursing homes. Therefore, approximately $0.61 of every dollar paid by AHCA

represents federal funds.

46. Medicaid recipients' obligation to disclose third party sources of health insurance

coverage or benefits is continuing in nature. Medicaid applicants and recipients must inform

AHCA of any entity that is or may be liable to provide third party benefits.

47. Consistent with federal law, AHCA is required to seek reimbursement from a third

party once it learns of a previously unknown third party benefit, or when third party benefits are

discovered or become available after payment of a Medicaid claim. See Fla. Stat. § 409.910(4).

48. Florida law grants AHCA certain rights to recover third party benefits, including

(i) the right of subrogation against the third party to recover the full amount of the Medicaid claim;

(ii) the assignment of a Medicaid participant's right, title, and interest in any third party benefit;

and (iii) an automatic lien for the full amount of the Medicaid claim. See Fla. Stat. § 409.940(6).

49. Third parties also have certain duties when providing health care benefits to

Medicaid participants-including, but not limited to, the duty to inquire with AHCA when they

have knowledge or are on notice of a person's participation in Medicaid within one year of the

date of the health care giving rise to the claim. See, e.g., Fla. Stat. § 409 .940(6)(c)(7).

50. The foregoing creates an obligation on the part of third parties to repay AHCA for

Medicaid funds that were the third parties' responsibility but were paid by Medicaid.

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51. When ARCA receives reimbursement from a third party for a Medicaid claim,

AHCA has to repay the United States its pro rata share. See 42 C.F.R. § 433.140(c). For example,

in 2017, AHCA must pay the United States 61 % of each third party reimbursement.

VII. NICA

52. The Florida Association is an independent entity created by Florida Statute in 1988

for the purposes of administering the Florida Plan. See Fla. Stat. § 766.303, et seq.

53. The Florida Plan provides compensation for children who sustain mentally and

physically disabling neurological injuries at birth.

54. To be awarded compensation, a petition must be filed on behalf of the injured child

with the Florida Division of Administrative Hearings. See Fla. Stat. § 766.305(1). Within ten days

of filing the petition, the Florida Association must be furnished with all available relevant medical

records; assessments, evaluations, and prognoses; "documentation of expenses and services

incurred to date which identifies any payment made for such expenses and services and the payor;"

and "documentation of any applicable private or government source of services or reimbursement

relative to the impairments." Fla. Stat. § 766.305(3). An administrative law judge sets the matter

over for a hearing up to 120 days from the filing of the petition, at which time the judge determines

the compensability of the child's injury and the amount of compensation, if any, awardable under

the Florida Plan. See Fla. Stat. §§ 766.307(1), 766.309.

55. An award under NICA includes (a) the actual expenses for medically necessary and

reasonable treatment related to the injury, as well as certain related expenses; (b) a lump sum or

periodic payments totaling $100,000 as well as a death benefit of $10,000; and (c) expenses in

connection with filing a claim. See Fla. Stat. § 766.31(1). The award requires "the immediate

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payment of expenses previously incurred and shall require that future expenses be paid as

incurred." Fla. Stat. § 766.31 (2).

56. NICA will not cover any items or services for which the injured child has received

or is entitled to receive payment or reimbursement Hunder the laws of any state or the Federal

Government, except to the extent such exclusion may be prohibited by federal law." Fla. Stat.

§ 766.31(1)(a)(l, 3).

57. The exclusion of Medicaid eligible items or services from payment by NICA is

prohibited by federal law.

A. Even Though, Under Federal Law, Medicaid Is Always the Payer of Last
Resort, NICA Requires Participants to Submit Claims to Medicaid Before
Payment by the Florida Plan.

58. In a 2015 article that she authored, NICA's Executive Director Kenney Shipley

stated how NICA is supposed to function: "Once a clam has been approved, NICA provides

anything that is 'medically necessary and reasonable' for the child for the rest of his or her life."

K. Shipley, NICA - Florida's Innovative Alternative to Costly Litigation,

http://flbog.sip.ufl.edu/risk-rx-article/nica-floridas-innovative-altemative-to-costly-litigation,

accessed July 22, 2019, attached hereto as Exhibit A. NICA actually functions very differently,

instead forcing Plan participants to submit their claims first to Medicaid for payment before NICA

will pay anything.

59. NICA's September 3, 2015 statement of plan policy declares that the Florida Plan

"is the payer oflast resort; that is, the Plan pays after available insurance or governmental programs

have paid for such medically necessary and reasonable expenses." See NICA, Benefit Handbook,

at 3, attached hereto as Exhibit B.

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60. The Florida Association provides certain procedures for filing a claim for benefits

under NICA. Those procedures reiterate the Florida "Plan is the payer of last resort. As such, the

Plan must be provided with a copy of the NICA covered individual's health insurance policy, if

there is one, and Medicaid/Medicare eligibility before benefits can be paid from the Plan." See

Exhibit B, at 17.

61. NICA requires the parents or legal guardians of an injured child to "seek benefits

from other sources for which they are eligible" before submitting a claim to the Florida Plan. See

Exhibit B, at 17. Such other sources of benefits include Medicaid., For example, NICA requires

that th.e parent first submit a claim to Medicaid for diapers, and NICA will not pay for those diapers

unless first provided with Medicaid denial information. See Exhibit B, at 14.

62. If a parent does not seek payment of a health care claim from private insurance or

governmental programs (including Medicaid), NICA "may not reimburse or may reimburse at a

lower amount for benefits that the child would be eligible for." See Exhibit B, at 17-18.

63. NICA admitted to its external auditors that Medicaid has been paying for NICA-

covered services. NICA' s audited financial statements for fiscal years 2016 and 2017 report:

"Since the payments made by Medicaid reduce the amounts that would be paid by NICA otherwise,

any change in the portion of benefits covered by Medicaid could impact NICA's loss and loss

adjustment expenses." Florida Birth-Related Neurological Injury Compensation Ass 'n, Financial

Statements, Years Ended June 30, 2017 and 2016, at 6, attached hereto as Exhibit C. Despite this

admission, and an explicit recognition that it could be a "liable third party to Medicaid," Exhibit ,

C, at 6, NICA did not self-report or disclose to the federal government that it has caused

participants to submit false claims to Medicaid.

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B. Even Though Federal Law Requires Third Parties to Repay Medicaid Liens,
NICA Does Not Repay Participants' Medicaid Liens.

64. Prior to entry into NICA, neurologically birth-injured children undergo significant

medical care and treatment and incur commensurate medical expenses, which are paid by the

family, private insurance, or federal and/or state medical programs. Often these expenses are paid

by Medicaid. The NICA award includes reimbursement for those medical expenses incurred

before entering the Florida Plan. See Fla. Stat. § 766.31 (1 )-(2).

65. To the extent Medicaid paid claims for health care items or services arising from

the injured child's neurological birth injury, Medicaid has a lien for the amounts it paid (i.e., its

conditional payments). When third party benefits become available-such as a NICA award-

Medicaid's lien must be repaid.

66. NICA is a third party under 42 C.F.R. § 433.136.

67. When a neurologically birth-injured child is awarded NICA benefits, however,

NICA does not ensure that Medicaid's lien is repaid.

68. Instead, NICA instructs participants that: (i) N1CA is not a third party for purposes

of Medicaid; (ii) it need not repay Medicaid's lien; and (iii) that the Medicaid lien is "withdrawn."

69. N1CA's Executive Director Kenney Shipley made NICA's position clear in 2015

when she wrote: "If there is a Medicaid lien, it is withdrawn," adding, contrary to federal law,

''NICA is not a 'third party' for the purpose of collecting a Medicaid lien." K. Shipley, NICA -

Florida's Innovative Alternative to Costly Litigation, http://flbog.sip.ufl.edu/risk-rx-article/nica-

floridas-innovative-alternative-to-costly-litigation, accessed July 22, 2019, Exhibit A.

70. Upon information and belief, Medicaid's lien for amounts paid prior to an injured

child's entry into NICA is not waived by the federal Centers for Medicare and Medicaid Services

("CMS") or by ARCA.

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VIII. CAUSES OF ACTION

Count One: False or Fraudulent Claims

31 U.S.C. § 3729(a)(l)(A)
All Defendants

71. Paragraphs 1 through 70 are hereby incorporated as if fully set forth herein.

72. The United States seeks relief against Defendants under the False Claims Act, 31

U.S.C. § 3729(a)(l)(A).

73. From 1989 to the present, Defendants have knowingly caused to be presented to

Medicaid false or fraudulent claims for payment with respect to all NICA participants who are also

Medicaid recipients. Under federal law, Medicaid not NICA is the payer of last resort.

74. These Medicaid claims were false or fraudulent because they were for amounts and

for items and services for which NICA was liable.

75. The false or fraudulent nature of such claims was material to Medicaid's decision

to pay NICA participants' claims.

76. As a result of the false or fraudulent claims, the United States sustained direct and

substantial monetary damages, equal to the amount of Medicaid funds paid to or on behalf of NICA

participants for items and services for which NICA was a liable third party.

77. By reason of the false or fraudulent claims, the United States has sustained

damages in a substantial amount to be determined at trial, and is entitled to treble damages plus a

civil penalty for each violation.

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Count Two: Reverse False Claims

31 U.S.C. § 3729(a)(1)(G)
All Defendants

78. Paragraph 1 through 70 are hereby incorporated as if fully set forth herein.

79. The United States seeks relief against Defendants under the False Claims Act, 31

U.S.C. § 3729(a)(l)(G).

80. Defendants were and are obligated to repay Medicaid funds whenever a NICA

award is made to a Medicaid recipient. This obligation includes payment of expenses previously

incurred by the recipient and paid by Medicaid.

81. Defendants have knowingly made or used, or caused to be made or used, false

records and/or statements material to NICA's obligation to repay Medicaid funds.

I

82. Defendants knowingly concealed that obligation to pay or transmit money to

Medicaid.

83. Defendants knowingly and improperly avoided that obligation to pay or transmit

money to Medicaid.

84. By reason of Defendants' acts and omissions, the United States has sustained

damages in a substantial amount to be determined at trial, and is entitled to treble damages plus a

civil penalty for each violation.

IX. PRAYER FOR RELIEF

WHEREFORE, Relators, on behalf of the United States, pray that judgment be entered in

their favor and against Defendants as follows:

1. That Defendants cease and desist from violating 31 U.S.C. § 3729, et seq.;

2. That Defendants pay the United States triple the amount of its damages to be

determined, plus the maximum civil penalty for each violation of 31 U.S.C. § 3729;

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3. That Relators be awarded all reasonable expenses, attorneys' fees, and costs

pursuant to 31 U.S.C. § 3730(d);

4. That in the event the United States proceeds with this action, Relators, for bringing

this action, be awarded an amount of at least 20 percent of the proceeds of any award or the

settlement of the claims;

\
5. That in the event the United States does not proceed with this action, Relators be

awarded an amount that the Court decides is reasonable for collecting the civil penalty and

damages;

6. That Relators be awarded the maximum amount allowed pursuant to 31 U.S.C.

§ 3730(d);

7. That Relators be awarded pre-judgment and post-judgment interest; and

8. That the Court award such other and further relief as is just, equitable, and proper.

JURY DEMAND

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Relators hereby demand trial

by jury.

DATED: September j_, 2019.

RESPECTFULLY SUBMITTED:

GENTRY LOCKE

~ 2:1. f ..t-.-•- - -
E. Scott Austin (VSB No. 41260) (admitted pro hac vice)
Evans G. Edwards (VSB No. 79588) (admitted pro hac vice)
10 Franklin Road, SE
Suite 900
Roanoke, Virginia 24011
Phone: (540) 983-9300
Fax: (540) 983-9400
Email: saustin@gentrylocke.com
edwards@gentrylocke.com

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R ert . Nie olson (Fla Bar No. 933996)

Parker D. Eastin (Fla Bar No. 48044)
Nicholson & Eastin, LLP
707 N.E. Third Avenue
Suite 301
Fort Lauderdale, FL 33304
Phone: (954) 634-4400
Fax: (954) 634-4418
Email: Robert@NicholsonEastin.com
Parker@NicholsonEastin.com

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