FILED: ONONDAGA COUNTY CLERK 09/30/2015 10:09 PM INDEX NO. 2014EF5188 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/30/2015 OCHIBIT "0"
TRANSCRIPT OF TAPE OF MIKE MARSTON NEW CALL @September 2007 Grady Floyd: Mr. Marston Mike Marston: Hey Grady, how you doing, man? Grady Floyd: I thought you put me on your shit list. Mike Marston: No, no, no, no, no, I've been trying to keep you copied on most of the stuff that's going on, mostly just have FYI in case anybody was asking you what was going on. Grady Floyd: I appreciate that. I just, I just had enough. I haven't talked to you in awhile, but I thought I'd say hello, that's all. Mike Marston: I appreciate that. I got the message from Connie that they were looking for some more activity for the patient monitoring. Grady Floyd: Yeah, we gotta hit on that real hard, Mike. I don't know if you got a copy of the message I sent to Hazel? Mike Marston: I didn't get a copy, well the e-mail, yeah. I've sent her a list of accounts for my patient monitoring and I spoke with her Friday afternoon and she said all she needed to have it for by was Monday afternoon and she would be able to start getting working on it as far as just seeing if she can find some things that...i did pull in on Friday a small $25,000.00 monitoring order and. I'm going to work on the MOC to get it in at East Cooper and I will get activity and more things happening there. I'm just kind of disappointed that we're losing the cardiology and possibly the low acuity, but I'll do what I have to do to get it done. Grady Floyd: Alright, here's the deal, when Connie and I met with the new Vice President of the Southern Zone, Mike, and we had a great meeting, but this lady ain't gonna leave any stone unturned. Mike: I understand. Grady Floyd: And she made that extremely clear, not just sorta clear, but very clear.
3 Mike: Okay Grady Floyd: Of course I've know her for the whole ten years she's been at Philips and she didn't get promoted to Vice President at ten years by being a schlock.. (Mike: Gotcha) Very smart lady. And so she set there, and she said, "Okay, let's look, first she told us what she was doing in the direct towns. (Mike: Okay). She said, okay, I got direct reps out here that's got 25 hospitals, big hospitals and they're getting business from 12 of them year in and year out and no knowledge of what's going on with the other 12 or 13. (Mike: Right) She said I'm going to give them a chance to cover those 12 or 13 in the first quarter and if th y don't then I'll give them to somebody else and they can keep the 12 they've been wo king on. Mike Marston: I got ya. Grady: So she said as ar as the priority concern of hers in North Carolina and South Carolina, we're getting 1 )0% of our business from 11 hospitals in both of those states. Mike: I gotcha Grady: And, we got all these other hospitals out there that haven't been touched and the message was that if we don't get to them in the first quarter she'll assign them to another MR company. She's got the oomph to do it. Mike: Well I will get it done. I just Grady: Well, I'm just telling ya, though, here's what ya gotta do. (Mike: Yessir, I got you and) I need you to copy on these e-mails that you send back and forth to Hazel as well as voice mails too, and here's what we gotta do. We gotta put together a matrix for South Carolina (Mike: Alright) that shows all of your accounts. And I don't care how you do it. You can list them on the left side of the paper, across the top, whatever by department and how either Hazel contacted them by telemarketing and no leads. In other words, you contacted them by phone or in person. (Mike: Okay). And I've gotta be able to show those now in writing for every account in the southern zone. In January when we go to the big meeting in Florida, (Mike: Yes sir) January 28 to February 1, that Friday we'll meet during that time for our first quarter review. John, said this ain't the first time we've had this conversation, but I thought I had to try. So basically I read it as you're gonna get one more chance with CF Medical, under the new leadership to cover these accounts in Georgia, South Carolina, North Carolina and North Florida. Give 'em what you got in Southern Zone. (Mike: Right). It wasn't just narrowing it down to talking about you, it was just all of C. F. Medical in the Southern Zone that we have, we were getting 100% of our business from less than 20 accounts. (Mike: Right). Which means there's about 50 or 60 out there even if there's
4 zero bids, they might buy a de fib, they might buy an EKG machine and all of that and so Mike Marston: If we've already called on them and there isn't anything, I mean you know there's a lot of accounts that I already know through ya know trial and error, that there isn't anything currently on the radar, I mean I can reconnect with them to get updated. Grady: Here's the deal, every quarter we're having this meeting, okay. So it might just be a phone call from you, you might just have a half a day in the office. (Mike: Alright). You document them. (Mike: Yessir). You called them on this date and then three months later again and three months later you checked again and the answer is still no business. (Mike: Okay). Because see all that we gotta prove to them that we're doing this is to document either you called or Hazel called. Mike: Gotcha. So we're touching base with everyone of them. Well, let me ask you, I mean, and be candid, was John Chandler down on me, or... Grady: Not one word. Matter of fact John was high on you. Mike: Okay, 'cause I ya know I just want, I mean, and I'm not trying to defend anything, I've been making just so you know, 'cause I haven't copied John everything. I touch base with him directly a couple of times a week and I feel like I'm working together well with him and his people and I know he knows I can do the monitoring in South Carolina because I had the best monitoring year that we've had there in that indirect space last year bar none, so I just want to make sure that he has confidence that if I'm, you know, in there arid out of some other spaces he's not, ya know, saying "I don't think Mike can do it" Grady: Well, sir, he absolutely was very the opposite. Mike: Okay, good 'cause I mean, whatever, ya know, he said was fine, ][ just want to make sure that I have his confidence and I will get it done, I ya know. Grady: Alright, let me just tell you what's going on, Mike, so there's just no beatin' around the bush, (Mike: Alright). I feel this way, and John feels this way and I think Connie, I can't speak for Connie, but I think she feels this way. (Mike: Okay). Just let me finish. If Mike Marston gets a lead, he's like a bulldog; he'll go close that damn order; he'll work it like a dog; he'll get it or lose it one way or the other, no time lost. Okay? Very complimentary here. Everybody feels that way. What I don't think Mike does is really go out and seek new opportunities, prospecting accounts, you know what I'm trying to say? So that's where you gotta pick up your beat. (Mike: alright). And you say I'm not that, but this is not directed at you (Mike: Right), this is directed at not only her direct reps, but channels. (Mike: Right). And I think it's fair. I can go in and
5 look at the data and see that Holly's having a pretty decent year this year in PMD but she's only getting a small portion of her accounts. Now the question there is, ya know, she may have called every single hospital; we just don't have anything to show it. Mike: Right, no, no evidence to show that it's happened. Grady: So, sometimes you're proven guilty until you're proven innocent. Mike: Yessir Grady: So what I'm saying to you is there is not one word mentioned except positive things about Mike and all John said was, ya know this ain't the first time we talked about all these other hospitals. So, now we've turned Hazel loose on that. But we can't expect her to do it all. (Mike: understand) What I need from you by the end of this month, I would like for you to sit, vvell I can't really ask Holly right now, she's about to have a baby this week or any day, I think, but I'm gonna ask Holly for the same thing, I'm going to lunch shortly with Mike Lazono, (Mike: Okay), who's taking over for Susie Vogel (Mike: Yeah, he's a nice guy, I've had a couple conversations with him. If like him). So what I'm going to do is, see, he's smart, I want an update on account contacts, ya know, by phone, in person, not really a sales call, not like really a sales report checkin' up on you, I just need to be able to put a sheet in front of somebody and say here's what we did, what the, Connie's C. F. Medical did in South Carolina, last month, the month before that, the month, as the year wears on. Mike: Let me ask you a question, Grady, and this is strictly just because I know a lot of this, let's just say you're putting in a phone call and leave somebody a message in their box; you call back 4 or five times you call and you don't get any response back. Grady: What you do you is, you write in there: called 6 times, in 6 weeks and never got a return call. Mike: Alright. Grady: You just note it Mike: Make note of what's being done. Grady: Right. I know that there's a large number of, All I'm askin" you to do is take that list and out to the side write that Hazel called, zero results, you call later on, zero results (Mike: Gotcha). Alright, this is a psychiatric hospital with no monitored beds. We tried, you know, tried to sell other Philips products. If we can eventually touch bases with them once a year you're probably okay. (Mike: Okay). I think the ones, they're really talking about is, ya know, you've been busy with DECG and all this other stuff and we really haven't had the chance to give it the time we need
6 to. Now we don't have anyone else to give it to. Mike: Now, have we heard anything definitive on the Low Acuity yet? Grady: I got all kinds of people in high places, but I don't think we're going to hear anything until the end of this month. Mike: Okay, that's what I kinda thought, too. Grady: There's a big quota setting meeting, where we'll be at, I think it's the week of the 22nd. With Lazsinsky and his entire staff. (Mike:Okay). Now that doesn't mean there are going to be final decisions made then. That just means that's the first time they're going to officially restructure. (Mike: Gotcha). Now here's my feeling. And it's just from experience. They'll be looking for 21 to 31 people to take it all back. (Mike: Right). Last year they got authorization for 10, they only hired 5. (Mike: Okay). So without getting in too much detail, I know the internal battles to get people on board, 'cause when you do, you pay Social Security tax and company cars and all kinds of expenses. (Mike: Healthcare and all that, yeah.). Yep, and you see, so what one person may be asking for they might not give it. (Mike: Gotcha). Now, what happens, I don't know if they get x number of people, if they pick the Southern Zone to go direct, for example, (Mike: Right). And you lose it all and only get 10 people. (Mike: Gotcha). So the answer is we honestly don't know. So... Mike: Well, then, that's fair enough. I'm only going to deal with what I do know and I will get on that stuff. Grady: All I know is, we got lots of opportunities with these new products in direct space, distributor space that we haven't let happen. Mike: Well let me ask you this, I know Connie had mentioned, is that something that might get put back into my basket for next year? Grady: I would think so Mike: Okay, 'cause I know she had mentioned and it wasn't an option and a possibility, but that would, ya know. Grady: What we're waiting for, simply put, Connie, she had put her plan together with me and Dan. I feel what she feels is what Philips is gonna do. Mike: And she kinda left me that message about a week ago, so. Grady: As long as we can say that, ya know, I can almost guaranty you're going to have is the PMD accounts.
7 Mike: And we need to get rattling that saber real hard to show what's going on in there for them. Grady: If I said all that in January, the end of January in Florida, and tell John Chandler and Stacy Gillim that we haven't done much more than we have done back in August (Mike: It's gone). It's gone, and we got nothing. Mike: I understand. Grady: Then we lost our credibility as a company. And we may lose it some place else. Mike: Well I will get it done. If it doesn't get done it won't be here. Grady: Well I'm going out now in a few minutes in about 15 minutes to see Mike Lazano. (Mike: Okay). I'm gonna give him the same marching orders and I gotta see it in writing, all the dates and times. It'll take but a second to fill in October the 8th between 9 and 12 I called these hospitals and this was my response. But, it doesn't make sense for you and Hazel to call them all, but you know, you can work with her, but I like to see that going back and forth, that. Mike: A working list Grady: Right. (Mike: that has...) Since you have 40 accounts you should have 40 hospitals on that list. (Mike: that are indirect) That are yours. (Mike: Yessir) Whether there are 0 beds or 120. Mike: Get a report on it. Grady: I need to be able to see, sit down and say, okay John and Stacey, here's where Mike and Hazel called on these dates, this is the response, we got a lead for a defib, Mike is working on that; we got a lead for an EKG machine, Mike's working on that; you see, we're not losing DECG and the underwrite space, on those 40 hospitals. (Mike: Okay) We wouldn't lose low acuity on them either. (Mike: Right) We wouldn't lose reset especially on those 40 hospitals. Even though they went direct for low acuity they wouldn't take the underwrite space. (Mike: Okay). Okay? See, when we're making these calls, we need to call all products from Philips on those 40 hospitals. That's something that Hazel needs to understand also. (Mike: Well, Hazel...) You're an independent contractor, and we can't ask you to do certain things, but I've got to get this infoimation or we don't have anything to write a contract for. (laugh) Mike: I want to sell, I mean, I like, I just want to make sure that I have the vote of confidence of you guys 'cause I kind of gleaned a little bit from Connie's message that
8 if I couldn't do it, she'd find somebody else that could and I, I ya know, it hasn't been a great monitoring year, but it hasn't been too bad for the low acuity and the cardiology and (Grady: Listen to me Mike, this is purely a new vice president) Okay, cool, 'cause I just, it helps me to know that you guys feel like I can do the job. Grady: It ain't a question of that Mike, don't even say that. (Mike: Okay). Here's the question, is, will you do it? See not can you do it, or are you capable, but what we're trying to say is if we don't see something at the end of the first month then we only assume that you're not going to do anything the second and third. Now I don't want to be sitting in front of that woman with nothing in my hands on South Carolina. That's fair, isn't it? Mike: Yeah it is Grady: Huh? Mike: It is. Grady: I don't want to go there and say, well you know, Mike got tied up or I don't know exactly what Mike was doing and I'm not really allowed to ask him, but you know I really don't have shit on his account to speak of. I don't want to be sitting across the table. Mike: But you guys are meeting with her in January, right? Grady: End of January to review the first quarter, the next season, the next three months (Mike: Okay) October, November and December will be reviewed in January. Mike: Alright, very good. Grady: What did you do, Grady? Or North Carolina and us, Holly. Where are we at with South Carolina, that's Marston; Where are we at with Georgia and North Carolina, that is Lazano. And if I ain't got the answers, my little fat ass is on the line. And I don't like that. Mike: I understand. Grady: And I don't have to say it has nothing to do with whether Holly has the ability to do the job or not or Mike has the ability or not, or Miguel has the ability or not. We think you all three do. And you're certainly more senior of all of them put together. As far as experience. So nobody's sittin' here questioning anybody's skill set. (Mike: Gotcha) We're only saying we gotta get the turf covered and we gotta prove it. Mike: Okay.
9 Grady: Well I gotta go, Mike. Mike: Alright, Grady Grady: I'll catch you later. Mike: Alright Grady: Bye Mike: Bye. END OF CALL @ September 2007 NEW CALL Grady: The format we're going to use to show where we've been in the calling and all that (Mike: Right). (ACT) The program Connie just spent a lot of money to put in place (Mike: Okay). So we need to load our information into that. Mike: I would need to have an ACT spreadsheet sent to me because I have not worked with that. Grady: Well we're going to have some training for everybody. Mike: Alright, that's cool because I'll do it any way you want to do it. If Hazel already has it, maybe she could send a sheet arid then I could just augment that sheet. Grady: Mike, it doesn't work that way. Mike: Okay, see I don't know how to work that, but I'll Grady: Mike, you go on-line, you get a password and you fill out the information. Mike: Oh, Okay, so it's already set up with Connie, gotcha. Grady: Yeah, its there. Mike : Okay, okay, good, good. Grady: Do you know how to get on it?