Filed: 2/15/2019 4:06 PM Clerk St. Joseph County, Indiana STATE OF INDIANA COUNTY OF ST. JOSEPH IN THE ST. JOSEPH ______________ COURT WEIDNER AND COMPANY, P.C., 71D04-1902-PL-000051 Plaintiff, Cause No. 71_____-1902-PL-______ V. MINDSET MEDICAL, LLC, AND KEVIN T. MURPHY, M.D. Defendants. COMPLAINT Plaintiff, Weidner and Company, P.C. (“Weidner”), by counsel, states the following claims against Defendants, MindSET Medical, LLC (“MindSET”) and Kevin T. Murphy, M.D. (“Dr. Murphy”). 1. Weidner is an Indiana professional corporation. 2. MindSET is an Indiana limited liability company. 3. Dr. Murphy is a California resident and is the sole member and manager of MindSET. 4. Weidner and MindSET entered into a written Sublease, dated December 1, 2017, under which MindSET subleased from Weidner certain commercial real estate located at 1650 South Bend Ave., South Bend, Indiana, 46617 (the “Sublease”). A true and complete copy of the signed Sublease is attached hereto as Exhibit 1. 1 COUNT I – Breach of Contract 5. MindSET breached the Sublease by failing to pay rent and other moneys due as required therein and by becoming insolvent. 6. Weidner is exercising its right under the Sublease to accelerate all rental and other charges thereunder. 7. MindSET is liable to Weidner for the damages caused by its breach of contract and for all incidental damages and losses. 8. Pursuant to the terms of the Sublease, Weidner is also entitled to recover its costs incurred in bringing this action, including attorneys’ fees. COUNT II – Piercing the Corporate Veil 9. Upon belief, MindSET was undercapitalized. 10. MindSET has shut down its operations in Indiana and has filed for administrative dissolution. 11. MindSET is moving or has moved its property subject to execution outside Indiana, not leaving enough behind to satisfy Plaintiff’s claims. 12. Upon belief, Dr. Murphy is using MindSET to promote fraud, injustice, or other illegal activities, including but not limited to secreting company assets out of the State. 13. The injustice resulting to Weidner from MindSET’s actions was caused by, or resulted from, Dr. Murphy’s misuse of the corporate form. 14. Dr. Murphy is therefore personally liable for MindSET’s actions and the resulting damages to Weidner. 2 WHEREFORE, Plaintiff, Weidner and Company, P.C., requests that this Honorable Court: (a) enter judgment in favor of Weidner and against MindSET Medical, LLC and Kevin T. Murphy, M.D. in an amount sufficient to fairly compensate Weidner for MindSET’s breach of the Sublease; (b) award Weidner its reasonable attorneys’ fees and the costs of this action; and (c) provide all other just and proper relief. Respectfully submitted, /s/ James M. Lewis James M. Lewis (15784-71) TUESLEY HALL KONOPA, LLP 212 E. LaSalle Ave., Ste. 100 South Bend, IN 46617 Telephone: (574) 232-3538 Fax: (574) 232-3790 Email: jlewis@thklaw.com Counsel for Plaintiff 3