Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 1 of 43
`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 1 of 43
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`EXHIBIT “A”
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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 2 of 43
`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 2 of 43
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`IN THE COURT OF COMMON PLEAS
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`BUCKS COUNTY, PENNSYLVANIA
`CIVIL DIVISION
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`ABIRA MEDICAL LABORATORIES,
`LLC d/b/a GENESIS DIAGNOSTICS,
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`l’laina'fir
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`vs.
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`BIODIAGNOSTIC LABS, INC.,
`NATHAN II. SON'I‘AG, and
`GERSHON SONTAG,
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`Defendants
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`WWWWWW—‘WWWWWWMHWWWWWWMWWWWWWW
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`No.
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`Type of Case:
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`CIVIL CASE
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`Type of Pleading:
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`VERIFIED COMPLAINT
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`JURY TRIAL DEMANDED
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`Filed on Behalf of Plaintiff
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`Counsel for Plaintiff:
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`DAVID W. GHISALBERT, ESQ.
`Pa. Attorney ID No. 328556
`2000 Bering Drive, Suite 700
`Houston, Texas 77057
`(713) 808-9697 [telephone]
`dghisalbert@dwglawoffice.com
`
`W
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`You have been sued in court If you wish to defend against the claims set forth in the
`following pages, you must take action within twenty (20) days afier this complaint and notice are
`served, by entering a written appearance personally or by attorney and filing in writing with the
`court your defenses or objections to the claims set forth against you. You are warned that if you
`fail to do so the case may proceed without you and a judgment may be entered against you by the
`court without further notice for any money claimed in the complaint or for any other claim or relief
`requested by the plaintiff. You may lose money or property or other rights important to you.
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`YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
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`HAVE A LAWYER, OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICES
`SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
`
`
`Caselt2021-02234-0-JUDGE:33ReceivedatCountyofBucksPmthanotaryon04/23/202112:56PM,Fee=$250.50.ThefliercertifiesthatthistilingcomplieswiththeprovisionsofthePublicAccess
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`PolicyoftheUnifiedJudicialSystemofPennsylvania:CaseRecordsoftheAppellateandTrialCourtsthatrequirefilingconfidentiallnfonnationanddocumentsdifferentlythannon-confidentialInformationanddocuments.
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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 3 of 43
`Case 2:21-cv-02708 Document 1—1 Filed 06/16/21 Page 3 of 43
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`Bucks County Bar Association
`135 East State Street
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`Doylestown, PA 18901
`Phone (215) 348-9413, 1-800-479-8585
`www.bucksbar.org
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`PA Bar Association: wwwpabarogg
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`0.6!] Mm,—
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`DAVID W. GHISALBERT, ESQ.
`Attorney for Plaintiff
`Pa. Attorney D No. 328556
`2000 Bering Drive, Suite 700
`Houston, Texas 77057
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`(713) 808-9697 [telephone]
`dghisalbeflthwglawofficesom
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`JudicialSystemofPennsylvania:CaseRecordsoftheAppellateandTrialCourtsthatrequirefilingconfidentialMon-nationanddocumentsdifierentiythannon-confidentialInformationanddocuments.Case#2021~02234-0-JUDGE:33ReceivedatCountyofBucksProthonotaryon04/23/202112:56PM,Fee=$258.50.ThefliercertifiesthatthisflllngcompileswiththeprovisionsofthePublicAccessPolicyoftheUnified
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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 4 of 43
`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 4 of 43
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`ents.
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`COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA
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`ABIRA MEDICAL LABORATORIES LLC
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`VS.
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`BIODIAGNOSTIC LABS INC
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`N0. 202L022“
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`R HEET
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`State Rule 205.5 requires this form be attached to any document commencing an action in the Bucks
`County Court of Common Pleas. The information provided herein is used solely as an aid in tracking
`cases in the court system. This form does not supplement or replace the filing and service of pleadings or
`other papers as required by law or rules of court.
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`
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`Name of Plaintiff/Appellant's Anomey: Dawd W. Ghisalbert, Esq., ID: 328556
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`Self-Represented (Pro Se) Litigant C]
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`Class Action Suit
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`I: Yes
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`MDJ Appeal
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`|:| Yes
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`No
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`No
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`Mone Dama es Re uested
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`Commencement of Action:
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`Amount in Controversy:
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`Complaint
`More than $50,000
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`Case Type and Code
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`Contract:
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`Other
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`Other:
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`BREACH OF REFERENCE LABORATORY AGREEMENT
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`Cesett2021-02234-0-JUDGE:33ReceivedatCountyofBucksProthonotaryon04/23/202112:56PM,Fee=$258.50.ThefliercertifiesthatthisfilingcomplieswiththeprovisionsofthePublicAccessPolicyoftheUnifiedJudicialSystemofPennsylvania:CaseRecordsoftheAppellateandTrialCourtsthatrequirefilingconfidentialinformationanddocumentsdifferentlythannon-confidentialinibnnatlonanddocum
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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 5 of 43
`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 5 of 43
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`
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` For Protlwnoraty Use Only:
`
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`The information collected on this form is used solely for court administration purposes. This form does not
`sup lenient or r - [ace the lin- and service ofpleadings or other papers as required by law or rules ofcourt.
`Commencement of Action:
`E Complaint
`n Writ of Summons
`D Transfer fi'om Another Jurisdiction
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`D Petition
`D Declaration ofTaking
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`Lead Plaintiff's NamE:
`Ablra Medical Laboratories. LLC d/bla Genesis DiagnosE'E
`C,
`Are money damages requested'
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`Yes D No
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`Lead Defendant’s Name:
`Biodiagnostic Labs, Inc.
`Dollar Amount Requested:
`(check one)
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`Dwithin arbilmtion limits
`Eoutside arbitration limits
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`Is this a Class Action Suit?
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`D Yes
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`El No
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`Is this an MD]Appeal?
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`D Yes E No
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`Name of Plaintiff/Appellant's Anomey: DaVid William Ghisalbert
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`U Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant)
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`Nature of the Case:
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`Place an “X” to the lefi of the ONE case category that most accurately describes your
`FRI/VARY CASE. If you are making more than one type of claim, check the one that
`you consider most important
`
`TORT (do not include Mass Tort)
`D Intentional
`D Malicious Promcution
`n Motor Vehicle
`D Nuisance
`U Premises Liability
`D £23121:liability (does not include
`.
`.
`E grim/Libel] Defamation
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`CONTRACT (do not include Judgments)
`n Buyer Plaintiff
`a Debt Collection: Credit Card
`D Debt Collection: Other
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`a Employment Dispute:
`Discrimination
`D Employment Dispute: Other
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`CIVIL APPEALS
`Administrative Agencies
`U Board of Assessment
`D Board of Elections
`Dept. of Transportation
`Statutory Appeal: Other
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`n Zoning Board
`D Other:
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`Other:
`Breach of Ref Lab Agnnnt
`Quantum Marni?
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`MASS TORT
`D Asbestos
`D Tobacco
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`D Toxic Tort - DES
`El Torrie :7“ - Implant
`D Tome
`aste
`D Other:
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`PROFESSIONAL LIABLITY
`El Dental
`U Legal
`U Medical
`D Other Professional:
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`REAL PROPERTY
`D Ejectment
`U Eminent Domain/Condemnation
`n Ground Rent
`U Landlord/Tenant Dispute
`D Mortgage Foreclosure: Residential
`n Mortgage Foreclosure: Commercial
`El Partition
`D Quiet Title
`D Other:
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`MISCELLANEOUS
`a Common Law/Statutory Arbitration
`D Declaratory Judgment
`Mandamus
`Non-Domestic Relations
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`Restraining Order
`El Quo Warranto
`El chlevin
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`Updated [/1001 I
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`-:ntIaIInformationanddocuments.
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` a:m1us.U113msofthePubllcAccessPollcyof
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`theUnlfledJdiclelSstemofPennsnla:CaseRrdftheAletanTrialCourtsthatreulreflllnconfidential]"yeaaceaem
`an
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`D Other.
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`Case#2021«32234—0—JUDGE:33ReceivedatCountyofBucksProthonotaryon04/23/202112:56PM,Fee.$258.50.TheI:
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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 6 of 43
`Case 2:21-cv-02708 Document 1—1 Filed 06/16/21 Page 6 of 43
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`NOTICE
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`Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part:
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`Rule 205.5. Cover Sheet
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`(a)(1) This rule shall apply to all actions governed by the rules of civil procedure except
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`the following:
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`(i)
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`(ii)
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`actions pursuant to the Protection from Abuse Act, Rules 1901 et seq.
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`actions for support, Rules 1910.1 et seq.
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`(iii)
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`actions for custody, partial custody and visitation of minor children, Rules
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`1915.1 et seq.
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`(iv)
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`actions for divorce or annulment of marriage, Rules 1920.1 et seq.
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`(v)
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`actions in domestic relations generally, including paternity actions, Rules
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`1930.1 et seq.
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`(vi)
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`voluntary mediation in custody actions, Rules 1940.1 et seq.
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`(2)
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`At the commencement of any action, the party initiating the action shall complete
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` mm”..._..._...
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`the cover sheet set forth in subdivision (e) and file it with the prothonotary.
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`(b)
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`The prothonotary shall not accept a filing commencing an action without a
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`completed cover sheet.
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`(c)
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`(d)
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`The prothonotary shall assist a party appearing pro se in the completion of the form.
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`A judicial district which has implemented an electronic filing system pursuant to
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`Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the
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`J".-..t.
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`u»Win-man.”
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`provisions of this rule.
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`(e)
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`The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural
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`Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be
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`published on the website of the Administrative Office of Pennsylvania Courts at wwwpacourtsns.
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`provisionsofthePublicAccess
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`Case#2021-02234-0-JUDGE:33ReceivedatCountyofBucksProthcnoteryon04/23/202112:56PM,Fee=8258.50.Thefilercertifiesthatthisfilingcompileswiththe
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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 7 of 43
`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 7 of 43
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`IN THE COURT OF COMMON PLEAS
`BUCKS COUNTY, PENNSYLVANIA
`CIVIL DIVISION
`
`ABIRA NIEDICAL LABORATORIES,
`LLC d/b/a GENESIS DIAGNOSTICS,
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`Plaintiff
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`vs.
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`BIODIAGNOSTIC LABS, INC.,
`NATHAN H. SONTAG, and
`GERSI-ION SONTAG,
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`Defendants
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`ammmmmmmmmmm
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`CASE NO.
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`PLAINTIFF’S VERIFIED COMPLAINT
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`TO THE HONORABLE JUDGE OF SAID COURT:
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`COMES NOW, Abira Medical Laboratories, LLC d/b/a Genesis Diagnostics, the Plaintiff
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`herein (“Plaintiff’), who files the following Complaint against Defendants BioDiagnostic Labs,
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`Inc., Nathan I-I. Sontag, and Gershon Sontag (the “Defendants”). In support thereof, Plaintiffwould
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`respectfully show unto the Court as follows:
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`I.
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`INTRODUCTION
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`1.
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`This is a breach of contract case concerning medical laboratory testing services
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`provided by the Plaintiff to the Defendants. Plaintiff will be seeking actual damages of not less
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`than $1,633,905.00, plus interest, all costs of court, and attomey’s fees.
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`11.
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`PARTIES
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`2.
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`Plaintiff is a New Jersey limited liability company authorized to conduct business
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`in the Commonwealth of Pennsylvania. It holds a medical laboratory testing license issued by the
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`I
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`Case?!2021-02234-0-JUDGE:33ReceivedatCountyofBucksProthonotaryon04/23/202112:56PM,Fee-$258.50.ThefilercertifiesthatthisfilingcompileswiththeprovisionsofthePublicAccessPolicyof
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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 8 of 43
`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 8 of 43
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`Commonwealth of Pennsylvania, and it maintains its principal place of business at 900 TOWn
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`Center Drive, Suite H50, Langhome, Pennsylvania 19047.
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`3.
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`Defendant BioDiagnostic Labs, Inc. (“BDL”) is a New York company licensed by
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`the Pennsylvania Department of Health to provide urine and saliva laboratory services on
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`specimens collected fi'om citizens residing in the Commonwealth of Pennsylvania. Defendant
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`BDL may be served with process by and through its registered agent for service Gershon Sontag,
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`President, at 23 80 East 22"d Street, Brooklyn, New York 1 1229.
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`4.
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`Defendant Nathan H. Sontag is an individual who resides in the State ofNew York,
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`and who, on information and belief, is an owner and control person of Defendant BDL. Defendant
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`Nathan Sontag may be personally served with process at 123! East 26‘h Street, Brooklyn, New
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`York 11210-4618.
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`5.
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`Defendant Gershon Sontag is an individual who resides in the State of New York,
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`and who, on information and belief, is an owner and control person of Defendant BDL. Defendant
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`Gershon Sontag may be personally served with process at 1015 East 24‘“ Street, Brooklyn, New
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`York 11210.
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`IH.
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`JURISDICTION and VENUE
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`6.
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`Subject matter jurisdiction of this action is proper herein by virtue of 42 Pa. C. S.
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`§93l(a). The Court has personal jurisdiction over the Defendants in accordance with 42 Pa. C. S.
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`§5301 (a).
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`7.
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`Venue is proper in this Court in fitrtherance of 42 Pa. R. C. P. §1006(a)(1), and/or
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`42 Pa. R. C. P. §2179(a) because a substantial part of the events, transactions and/or occurrences
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`giving rise to Plaintifi‘s claims set forth herein occurred within this judicial district.
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`Page 2 of 10
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`Casei‘i2021-02234-0-JUDGE:33ReceivedatCountyofBucksPmthonotaryon04/23/202112:56PM.Fee-=$258.50.ThefliercertifiesthatthisfilingcompileswiththetheUnifiedJudicialSystema!Pennsylvania:CaseRecordsoftheAppellateandTr1aiCourtsthatrequirefilingconfidentialInformationanddocumentsdlfierentlythan
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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 9 of 43
`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 9 of 43
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`ants.
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`IV.
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`FACTUAL BACKGROUND
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`8.
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`The Plaintiff is a national medical testing laboratory company based in Langhome,
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`Pennsylvania. It holds a Pennsylvania medical laboratory license, and it employs approximately
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`150 employees, including, but not necessarily limited to physicians, scientists, technicians, sales
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`representatives, and administrative personnel. Those personnel provide full-service clinical and
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`toxicology laboratory testing for thousands of individuals located throughout the United States,
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`commonly upon referral of a medical doctor for their patients.
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`9.
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`As part of its business model, the Plaintiff performs clinical laboratory, pharmacy,
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`genetics, and addiction rehabilitation testing services at its facilities in Langhorne, Pennsylvania
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`for numerous patients located throughout the United States (the “Laboratory Testing Services”).
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`Those Laboratory Testing Services are normally billed to a patient’s third-party insurer, Medicare,
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`or Medicaid, to a medical service provider in furtherance of a reference laboratory services
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`agreement, or directly to the patient.
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`10.
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`Defendant BDL sought to obtain Plaintiffs Laboratory Testing Services for the
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`benefit of Defendants’ patients. In furtherance of the Defendants’ desire to utilize Plaintiff‘s
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`Laboratory Testing Services, the parties entered into a Reference Laboratory Agreement on
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`September 16, 2020 (the “Agreement”), as well as an Addendum to the Reference Laboratory
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`Agreement dated the same date (the “Addendum”). True and correct copies of both the Agreement
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`and its attending Addendum are attached hereto, and incorporated herein for all purposes as
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`Exhibits “ l ,” and “2,” respectively.
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`11.
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`Amongst the material terms included within the Agreement, were the following:
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`(1) an initial term of one (1) year, with automatic one-year renewals of the Agreement (see Section
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`Page 3 of 10
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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 10 of 43
`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 10 of 43
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`7.1); (2) Laboratory Testing Services were to be limited to Plaintiff providing COVlD-l9 testing
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`services upon all specimens provided by the Defendants [see Sections 3.1(a) and (b) of the
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`Agreement]; (3) Plaintiff was to be paid $45.00 per specimen as set forth in Section 4.4(a) and
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`Schedule 2 of the Agreement; and (4) all fees to be paid by the Defendants were to be paid in
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`accordance of the terms contained in Section 4.4(b) of the Agreement, as well as the paragraphs 1,
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`2, and 3 of the Addendum.
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`12.
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`In fiirtherance of the Agreement, Defendant BDL collected specimens from its
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`patients and sent them to Plaintiffs laboratory facilities in Langhorne, Pennsylvania for testing
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`and analysis. After the Laboratory Testing Services were conducted by the Plaintiff in Bucks
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`County, Pennsylvania,
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`the data and analysis collected from the tests were uploaded to the
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`Plaintiff’s computer servers which were also maintained in Langhome, Pennsylvania. Thereafter,
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`the data and testing results were made available to the Defendants via specialized sofiware
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`maintained on the Plaintiff’s computer servers. The Defendants would be given electronic access
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`to the information maintained on Plaintiff’s computers for retrieval and use with their patients.
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`13.
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`Under the Agreement, the Plaintiff complied with the terms of the contract and
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`performed all Laboratory Testing Services requested of it by the Defendants. Beginning on
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`September 30, 2020, the Defendants were invoiced by the Plaintiff on a bi-weekly basis for
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`Laboratory Testing Services rendered by the Plaintiff from its facilities in Pennsylvania. As
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`reflected by the attached statement of account, afier deducting all payments and offsets tendered
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`by the Defendant, a balance of $1,633,905.00 remains due and owing to the Plaintiff as a result of
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`their default under the terms of the Agreement and its Addendum. A true and correct copy of the
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`March 23, 2021 Statement of Account is attached hereto and incorporated herein for all purposes
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`as Exhibit “3.”
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`Page 4 of“)
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`Casett2021-02234—0-JUDGE:33ReceivedatCountyofBucksProthonotaryon04/23/202112:56PM.Fee=$258.50.ThefliercertifiesthatthisfilltheUnifiedJudicialSystemofPennsylvania:CaseRecordsoftheAppellateandTrialCourtsthatrequirefilingconfidentialinformaflonanddocume
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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 11 of 43
`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 11 of 43
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`ents.
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`Casett2021—02234—0-JUDGE:33ReceivedatCountyofBucksProthonoiaryon04/23/202112:56PM,Fee=$258.50.ThefliercertifiesthatthisfilingcomplieswiththeprovisionsofthePublicAccessPolicyoftheUnifiedJudicialSystemofPennsylvania:CaseRecordsoftheAppellateandTrialCourtsthatrequirefilingconfidentialinformationanddocumentsdifferentlythannon-confidentialinformationanddocum
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`14.
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`The Defendants were put on notice of their default, and they were given an
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`opportunity to cure same. The Defendants failed to do so, thereby leading to demand having been
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`made upon them for immediate payment of all past due invoices. Defendants neglected to respond
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`to Plaintiff‘s demand, and they failed to submit timely payment of the past due invoices.
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`15.
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`As of the date of filing of this complaint, the Defendants have failed to tender any
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`further payments. Pursuant to Section 7.2(a) of the Agreement, Plaintiff was forced to terminate
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`the Agreement and suspend all further services because of Defendants’ prolonged refiJsal to make
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`payment. In sum, Defendants have failed to satisfy their contractual obligations by paying the past
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`due invoices. Indeed, Defendants have made no effort whatsoever to resolve this dispute or even
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`correspond with Plaintiff regarding the sums past due and owing.
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`V.
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`W
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`A.
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`COUNT 1 - Breach of Contract.
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`16.
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`Plaintiff realleges and incorporates herein, as if fully set forth at length, each of the
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`factual recitations set forth in paragraphs 1 through 15 above.
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`17.
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`As reflected by the essential
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`terms contained within Exhibits 1 and 2,
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`the
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`Agreement and Addendum constitute a contract between the Plaintifi and Defendants that was
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`valid and enforceable at all times relevant to this lawsuit. Exhibits 1 and 2 establish the fact that
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`the Defendants had a duty to timely pay for all Laboratory Testing Services rendered by the
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`Plaintiff to Defendants’ patients. While Plaintiff fully performed its duties and obligations under
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`that contract, for their part, as reflected by Exhibit 3, the Defendants failed in their duty under the
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`contract to timely pay the outstanding balance, which remains due and owing as of the date of
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`filing this complaint. The Defendants’ breach of their duties associated with the Agreement and
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`Page 5 of 10
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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 12 of 43
`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 12 of 43
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`its Addendum proximately caused the Plaintiff to sustain direct damages in an amount of not less
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`than $1,633,905.00.
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`18.
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`Plaintiff is thus entitled to judgment against Defendants in an amount of not less
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`than $1,633,905.00, plus we and post-judgment interest at the highest rates allowed by law.
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`B.
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`COUNT 2 - Quantum Meruit/Uniust Enrichment.
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`19.
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`Plaintiff realleges and incorporates herein, as if fully set forth at length, each of the
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`factual recitations set forth in paragraphs 1 through 15 above.
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`20.
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`Should the contract represented by Exhibits 1 and 2 be contested, then Plaintiff
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`pleads in the alternative its claim for Quantum Meruit/Unjust Enrichment.
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`21.
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`At Defendant's request, Plaintiff conferred a benefit upon Defendants by providing
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`the laboratory Testing Services described in Exhibit 1. Plaintiff in fact performed the Laboratory
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`Testing Services with the reasonable expectation that it would be compensated for those services.
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`By providing those services to Defendants, Plaintiff conferred a measurable benefit upon the
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`Defendants. Plaintiff did not provide the Laboratory Testing Services gratuitously.
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`22.
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`Defendants consciously, knowingly, and voluntarily accepted the Laboratory
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`Testing Services with the fiill understanding that Plaintiff had a reasonable expectation to get paid
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`pursuant to the terms of the Agreement, its Addendum, and the past due invoices reflected within
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`Exhibit 3. As the result of Defendants’ receipt and acceptance ofthe Laboratory Testing Services,
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`and their failure to pay the outstanding balance reflected within Exhibit 3, the Defendants were
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`unjustly enriched by the Laboratory Testing Services provided by the Plaintiff.
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`23.
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`Allowing Defendants to retain the benefit of the Laboratory Testing Services
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`without paying fair compensation would be unjust. Under principles of equity, Plaintiff is entitled
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`to recover from Defendants the reasonable value of the Laboratory Testing Services. The
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`Page 6 of 10
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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 13 of 43
`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 13 of 43
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`reasonable value of the Laboratory Testing Services provided by Plaintiff and accepted by the
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`Defendants is $1,633,905.00, plus interest pursuant to the Agreement and past due invoices.
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`24.
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`By reason of the aforesaid unjust enrichment of Defendants at Plaintiff‘s expense,
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`Plaintifi‘ is entitled to judgment against Defendants in the amount of $1 ,633,905.00, plus interest.
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`VII.
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`ALTER EGO
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`25.
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`Plaintiff realleges and incorporates herein, as if fully set forth at length, each of the
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`factual recitations and allegations set forth in paragraphs 1 through 24 above.
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`26.
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`Defendant BDL is a mere alter ego of individual Defendants Nathan and/or
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`Gershon Sontag. As reflected by Exhibit 3, Defendant BDL is inadequately capitalized, and the
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`parties responsible for that undercapitalization are individual Defendants Nathan and/or Gershon
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`Sontag, who on information and belief, are the owners of Defendant BDL, and who fiirther on
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`information and belief, exerted control to influence the corporate decisions and actions of
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`Defendant BDL for their personal interests. Under these circumstances, equity requires holding
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`individual Defendants Nathan and/or Gershon Sontag personally liable for the corporate debt of
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`Defendant BDL, whose corporate form should be disregarded.
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`VIII.
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`DAMAGES AND ATTORNEY’S FEES
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`27.
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`Plaintiff realleges and incorporates herein, as if fully set forth at length, each of the
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`factual recitations and allegations set forth in paragraphs 1 through 26 above.
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`28.
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`Plaintiff requests all damages, compensatory, direct, general and/or special, legal
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`and equitable, as allowed by law; in excess of the minimum jurisdictional limits of the Court. The
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`Plaintiff also requests judgment for all other relief to which it may show itself entitled to receive.
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`Page 7 of 10
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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 14 of 43
`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 14 of 43
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`29.
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`To the extent allowed by either contract, statute, common law, or equity, Plaintifi'
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`additionally seeks to recover its reasonable and necessary attomey’s fees incurred by it with respect
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`to the claims and/or defenses asserted in this lawsuit.
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`IX.
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`JOINT and SEVERAL LIABILITY
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`30.
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`The Defendants are jointly and severally liable to the Plaintiff for all damages
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`sought herein.
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`X.
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`PRE — AND POST-JUDGMENT INTEREST
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`31.
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`Plaintifi‘ hereby pleads for pre-judgment interest at the maximum rate allowed by
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`law. Plaintiff fin'ther pleads for post-judgment interest at the maximum rate allowed by law.
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`XI.
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`COSTS OF COURT and OUT-OF-POCKET EXPENSES
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`32.
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`Plaintiff pleads for all costs of court and out-of-pocket expenses incurred during
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`the course of its prosecution of the instant lawsuit.
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`XII.
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`JURY DEMAND
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`33.
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`In furtherance of 231 Pa. Code §1007.1, Plaintifi‘ hereby demands a trial by jury on
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`all issues of fact raised herein.
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`WHEREFORE, PREMISES CONSIDERED, Plaintiff Abira Medical Laboratories, LLC
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`d/b/a Genesis Diagnostics prays for judgment against Defendants BioDiagnostic Labs, Inc.,
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`Nathan H. Sontag, and Gershon Sontag, jointly and severally, and requests the Court to award it
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`the following damages in this case:
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`Page 8 of 10
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`JudicialSystem0!Pennsylvania:CaseRecordsoftheAppellateandTrialCourtsthatrequiretilingconfidentialinformationanddocumentsdifferentlythannon~conildentiaiInformationanddocuments.Case#2021-02234-O-JUDGE:33RecedeatCountyofBucksProthonotaryon04/23/202112:56PM,Fee=$258.50.ThefliercertifiesthatthisfilingcomplieswiththeprovisionsofthePublicAccessPolicyoftheUnified
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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 15 of 43
`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 15 of 43
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`(a)
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`(b)
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`(c)
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`(d)
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`(c)
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`compensatory, direct, or actual damages in the amount of not
`$1,633,905.00;
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`less than
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`all legal, equitable, consequential, and/or incidental damages as determined by the
`trier of fact;
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`attomey’s fees, costs of court, and out-of-pocket expenses;
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`pre- and post-judgment interest at the highest rate(s) allowed by law; and
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`all such other and timber relief, either at law or in equity, as may be deemed
`appropriate by the Court.
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`Respectfillly submitted this 23'“ day of April, 2021.
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`LAW OFFICE OF DAVID W. GHISALBERT
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`By:
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`/ S / D.W. Ghisalbert
`David W. Ghisalbert
`Pa. ID No. 328556
`
`2000 Bering Drive, Suite 700
`Houston, Texas 77057
`(713) 808-9697 [telephone]
`(713) 893-6942 [facsimile]
`dgmsalbegt@dwglawofiice.com [email]
`
`ATTORNEY FOR PLAINTIFF,
`ABIRA MEDICAL LABORATORIES,
`LLC d/b/a GENESIS DIAGNOSTICS
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`Page 9 of 10
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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 16 of 43
`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 16 of 43
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`VERIFICATION
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`1, Abraham Miller, Vice President of Research & Development for Abira Medical
`Laboratories, LLC d/b/a Genesis Diagnostics, hereby verifies that the facts set forth in the
`foregoing Complaint are true and correct to the best of my knowledge, information and belief. I
`understand that the statements herein are made pursuant to 18 Pa. C.S.A. §4904 relating to unswom
`falsification to authorities.
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`Dated: April 23, 2021
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`MWAb
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`am Miller, Vice-President
`of Research and Development for
`Abira Medical Laboratories, LLC
`d/b/a Genesis Diagnostics
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`Page 10 of 10
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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 17 of 43
`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 17 of 43
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`EXHIBIT “1”
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`£58383Eu:QBEBEEEoneEoéo:.35écegu3.558%Eagauge:5.53:83E23g85258REnew03:33aseamaggotammo”Scaéamczomgo259$333$.nose:3.BAutol
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`383.23:105‘030330305SE«23:303::ES“as3:38332:.606mm»u31.3109.2535%:0b88335303m35.300Enuegutmmnmwobs-eémmwoéwow#930
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`

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`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 18 of 43
`Case 2:21-cv-02708 Document 1-1 Filed 06/16/21 Page 18 of 43
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`DocuSlgn Envelope ID: 37083080—3370-4763—37BA-0290E4EFFSBD
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`Casetl2021~02234-0-JUDGE.33ReceivedatCountyofBucksProthonotaryon04/23/202112.56PM,Fee=8258.50.ThefliercertifiesthatthisfilingcomplieswiththeprovisionsofthePublicAccess
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`PolicyoftheUnifiedJudicialSystemofPennsylvania:CaseRecordsoftheAppellateandTrialCourtsthatrequirefilingconfidentiallnfonnationanddocumentsdifferentlythannon-confidentialinlomrationanddocuments
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`REFERENCE LABORATORY AGREEMENT
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`9/m/I‘iziidleference Laboratory Agreement (this 'Agreement") is made and entered into effective as
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`(the
`"Effective Data”),
`by and
`between ABIRA MEDICAL
`of
`LABORATORIES, LLC DIBIA GENESIS DIAGNOSflCS, a New Jersey Limited Liability Company (the
`W7 and BIODIAGNOSTIC LABS mc., a New York Corporation (“fl"). The Service
`Provider and BDL are sometimes referred to in this Agreement individually as a “Fag" and collectively
`as the 'Partles.‘
`
`RECITALS
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`The Service Provlder is a New Jersey limited liability company that owns and operates a
`A.
`CLlA-certified, licensed clinical laboratory (the “Service Provider Laboratog") located at 900 Town Center
`Drive, Suite H~50, Langhorne, Pennsylvania.
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`BDL has a CLlA-certified clinical laboratory located at 2380 East 22nd Street, Brooklyn,
`B.
`New York 11229, and is engaged in the business of providing clinical diagnostic laboratory services.
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`BDL desires to utilize an independent clinical laboratory for certain clinical diagnostic
`C.
`laboratory services for the benefit of the BDL's patients.
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`BDL desires to obtain from the Service Provider, and the Service Provider desires to
`D.
`provide to BDL, certain clinical diagnostic laboratory services not currently provided by BDL, on behalf of
`BDL, in accordance with the terms and conditions of this Agreement
`
`in consideration of the foregoing recitals and for other good and valuable consideration, the receipt
`and sufficiency of which are acknowledged, the Parties, intending to be legally bound, agree as follows:
`
`1.
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`Definitions.
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`“Accessioning Services” means, with respect to a Specimen, (i) the receipt of
`1.1
`such Specimen at the Service Provider Laboratory, (ii) the subsequent unpackaging of such Specimen
`at the Service Provider Laboratory, and (iii) the subsequent determination of the applicable payor or
`payers of such Specimen.
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`“ ffiligg" means. as to any Person. any other Person that, directly or indirectly,
`1.2
`controls, is controlled by, or is under common control with, such Person, but only as long as