Things appear to be heating up in the Brehnan case in No.
California. They're scheduled for a jury trial in November. Yet OCA
is still playing their usual games with discovery. They decided that
Tony P. was "not available" and are trying to substitute two hired
guns, Brlas & Fink, who I don't believe have ever even worked in
OCA's corporate offices. (Tony, of course, is no longer with OCA.)
They were only too happy to invoke the automatic stay in the
bankruptcy to stall any other activity in the state cases, but now
are claiming that this case should be dismissed because it's gone on
too long, thanks in large part to the fact that everything went on
hold after they declared bankruptcy. They've refused to produce
discovery material for over a year now, and continue to do so despite
the upcoming trial.
Also on the table is reportedly yet another challenge to OCA's fee
splitting arrangements as being in violation of California laws on
the corporate ownership of a dental practice. If they prevail on
this one, that will make 5 states where it's been found to be
illegal. I believe that two states, Indiana and Georgia, have been
less upset about OCA's arrangements. And of course OCA did press
releases in both those cases touting their victory. My sense is that
the California folks will side with the doctor, though that's pure
speculation on my part.
Unless OCA goes BK again, my hunch is that we're several years away
from resolving this whole, sorry mess. But as always, the forgoing
is entirely my own, personal opinion.