Case VFP Doc 14 Filed 02/29/16 Entered 02/29/16 11:41:32 Desc Main Document Page 1 of 7

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1 Document Page 1 of 7 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR (c) BROWN MOSKOWITZ & KALLEN, P.C. 180 River Road Summit, New Jersey Phone: (973) Fax: (973) Counsel to Emergency Medical Consulting of South Jersey, LLC and JEMA Physician s Service, LLC. In re: East Orange General Hospital, Inc., et al., Debtors. EMERGENCY MEDICAL CONSULTING OF SOUTH JERSEY, LLC AND JEMA PHYSICIAN S SERVICES, LLC., Plaintiffs, Case No (VFP) Chapter 11 Adversary No.: (VFP) Hon. Vincent F. Papalia v. EAST ORANGE GENERAL HOSPITAL, INC., PROSPECT MEDICAL HOLDINGS, INC., EMERGENCY MEDICAL ASSOCIATES OF NEW JERSEY, P.A., ANTHONY I. OKAFOR, M.D. D/B/A ANTHONY I. OKAFOR, M.D., LLC, AMIT TAILOR, M.D., D/B/A TAILOR ASSOCIATES, LLC, ANTHONY OPARAJI, M.D. D/B/A HELMBRIDGE MEDICAL GROUP, LLC, AUGUSTINE OKPALA, M.D. D/B/A OXFORD MEDICAL GROUP, LLC, ERCOLE JOHN PETRUNGARO, P.A., JAMES EZEMA, M.D. D/B/A EZEMA MED SERVICES, LLC, JOHN E. AVERY, P.A., D/B/A JOHNAPAC, LLC, KATHIRGAMATHAS KURUNATHAPPILLAI D/B/A K. KATHIR, LLC, OMOBOLA OJI, M.D., D/B/A PROVIDENCE MEDICAL CENTER, LLC, PALAK PATEL, P.A. D/B/A PNS CARE, LLC, ALICJA ROGACKI, P.A. D/B/A ALICJA ROGACKI, LLC, CAROLINE TAYLOR HODGE, P.A. D/B/A CAROLINE HODGE, LLC, DIANE S. MACKENZIE, D.O. D/B/A LENNOX MEDICAL ASSOCIATES, LLC, ERIK HABURA, P.A. D/B/A ERIK S PHYSICIAN ASSISTANT SERVICES, LLC, GITTEL SCHWARZ, P.A. D/B/A GITTEL SCHWARZ, PA-C, LLC, KALPANA SHETH, P.A. D/B/A KALPANA ANSWER OF EMERGENCY MEDICAL CONSULTING OF SOUTH JERSEY, LLC AND JEMA PHYSICIAN S SERVICES, LLC TO THE COUNTERCLAIMS OF THE PROVIDER DEFENDANTS

2 Document Page 2 of 7 SHETH, LLC, KRUTI MCDONALD, P.A. D/B/A KRUTI PAC, LLC, SCOTT MANKOWITZ, M.D. D/B/A MANKOWITZ MEDICAL TECHNOLOGY, LLC Defendants. Emergency Medical Consulting of South Jersey, LLC ( EMC ) and JEMA Physician s Services, LLC ( JEMA ), by and through their undersigned counsel, by way of Answer to the Counterclaim asserted by defendants, Amit Tailor, M.D. d/b/a/ Tailor Associates ( Tailor ), Anthony Oparaji, M.D. d/b/a Helmbridge Medical Group, LLC ( Oparaji ), Augustine Okpala, M.D. d/b/a Oxford Medical Group, LLC ( Okpala ), Ercole John Petrungaro, P.A. ( Petrungaro ), John E. Avery, P.A. d/b/a Johnapac, LLC ( Avery ), Kathirgamathas Kurunathapillai d/b/a K. Kathir, LLC ( Kurunathapillai ), Omobola Oji, M.D. d/b/a Providence Medical Center, LLC ( Oji ), Palek Patel, P.A. d/b/a PNS Cares, LLC ( Patel ), Alicja Rogacki, P.A. d/b/a Alicja Rogacki, LLC ( Rogacki ), Diane S. MacKenzie, D.O. d/b/a Lennox Medical Associates, LLC ( MacKenzie ), Erik Habura, P.A. d/b/a Erik s Physician Assistant Services, LLC ( Habura ), Gittel Schwarz, P.A. d/b/a Gittel Schwarz, PA-C, LLC ( Schwarz ), Kalpana Sheth, P.A. d/b/a Kalpana Sheth, LLC ( Sheth ), Kruti McDonald, P.A. d/b/a Kruti PAC, LLC ( McDonald ), and Scott Mankowitz, M.D. d/b/a Mankowitz Medical Technology, LLC ( Mankowitz ), Anthony I. Okafor, M.D. d/b/a Anthony I. Okafor, M.D., LLC ( Okafor ), James Ezema, M.D. d/b/a Ezema Med Services, LLC ( Ezema ) (collectively, Provider Defendants ), allege and say as follows:

3 Document Page 3 of 7 ANSWER TO THE PROVIDER DEFENDANTS COUNTERCLAIM COUNT I (New Jersey Anti-Trust Act) Plaintiffs, EMC and JEMA, repeat and reallege the allegations contained in their Complaint as if set forth at length. 5. The allegations in Paragraphs 1-4 of the Counterclaim do not pertain to plaintiffs EMC or JEMA and, as such, no response is required. If, however, a response is required of EMC and JEMA, plaintiffs lack knowledge and information sufficient to form a belief as to the truth or falsity of the Provider Defendants claims against their co-defendants for Contribution, Indemnification and Equitable Estoppel, and leave the Provider Defendants to their proofs. 6. Denied. 7. Denied. 8. Denied. 9. Denied. COUNT II (Equitable Fraud) 10. Plaintiffs repeat and reallege the allegations contained in their Complaint and 11. Denied. 12. Denied. 13. Denied. 14. Denied. 15. Denied.

4 Document Page 4 of 7 COUNT III (Equitable Estoppel) 16. Plaintiffs repeat and reallege the allegations contained in their Complaint and 17. Denied. 18. Denied. 19. Denied. 20. Denied. 21. Denied. 22. Denied. 23. Denied. COUNT IV (Tortious Interference With Contractual Relations) 24. Plaintiffs repeat and reallege the allegations contained in their Complaint and 25. Admitted. 26. Denied. 27. Denied. 28. Denied. COUNT V (Tortious Interference With Prospective Economic Advantage) 29. Plaintiffs repeat and reallege the allegations contained in their Complaint and

5 Document Page 5 of Plaintiffs deny the allegations contained in paragraph 30 of the Provider Defendants Counterclaim, except that they admit that the Provider Defendants have breached their restrictive covenants. 31. Plaintiffs deny the allegations contained in paragraph 31 of the Provider Defendants Counterclaim, except that they admit that the Provider Defendants have breached their restrictive covenants. 32. Denied. 33. Denied. 34. Denied. COUNT VI (Mankowitz: Breach of Contract) 35. Plaintiffs repeat and reallege the allegations contained in their Complaint and 36. Plaintiffs deny the allegations contained in paragraph 36 of the Provider Defendants Counterclaim, except that they admit that Mankowitz entered into an agreement with JEMA and that they refer to that agreement for a more complete statement of its binding terms and conditions. 37. Denied. 38. Denied. 39. Denied. COUNT VII (Okafor: Breach of Contract) 40. Plaintiffs repeat and reallege the allegations contained in their Complaint and

6 Document Page 6 of Plaintiffs admit the allegations contained in the first sentence of paragraph 41 of the Provider Defendants Counterclaim, but they deny knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in the second sentence and leave Okafor to his proofs. By way of further response, plaintiffs refer to Okafor s agreement with EMC for a more complete statement of its binding terms and conditions. 42. Denied. 43. Denied. 44. Denied. SEPARATE DEFENSES FIRST SEPARATE DEFENSE The Counterclaim, in whole or part, fails to state a claim upon which relief may be granted. SECOND SEPARATE DEFENSE Some or all of the claims set forth in the Counterclaim are barred by the litigation privilege, and other legal privileges. THIRD SEPARATE DEFENSE Some or all of the claims set forth in the counterclaim are barred by the doctrines of unclean, hands, waiver and/or estoppel. FOURTH SEPARATE DEFENSE The Provider Defendants have suffered no damage by or attributable to EMA or JEMA. FIVE SEPARATE DEFENSE The Provider Defendants have failed to mitigate or reasonably attempt to mitigate, any damages they may have suffered.

7 Document Page 7 of 7 SIXTH SEPARATE DEFENSE Some or all the claims asserted by the Provider Defendants are barred or otherwise failed because of their own actions, in actions and/or failure to perform their duties, including their own material breaches of their contractual duties and obligations by law. SEVENTH SEPARATE DEFENSE The Provider Defendants alleged damages are speculative. EIGHTH SEPARATE DEFENSE The Provider Defendants have failed to allege any facts upon which punitive or exemplary damages may be awarded. NINTH SEPARATE DEFENSE To the extent that applicable claim may require, EMC and/or JEMA did not act wrongfully or maliciously towards the Provider Defendants. Wherefore, Emergency Medical Consulting of South Jersey, LLC and JEMA Physician s Services, LLC demand that the Counterclaims of the Provider Defendants be dismissed in their entirety and with prejudice. BROWN MOSKOWITZ & KALLEN, P.C. 180 River Road Summit, New Jersey (973) Attorneys for Plaintiffs Emergency Medical Consulting of South Jersey, LLC and JEMA Physician s Services, LLC By: /s/ Kenneth L. Moskowitz Kenneth L. Moskowitz Steven R. Rowland Dated: February 29, 2016