Who is KimeraLabs.com and Dr. Duncan Ross Ph.D ?
First you need to know Duncan Ross Ph.D and Kimera Labs  made a total commitment to customer satisfaction – to understand more read this page.  


EDITOR’S COMMENT(12/26/22):  

Ripoff Report INVESTIGATES:
Ripoff Report strongly believes in the First Amendment, especially when consumers are truthfully warning other consumers about potential frauds, scams, rip-offs or the like by shady individuals or businesses.  Ripoff Report is by consumers, for consumers…and we want to keep it that way!  Unfortunately, this Report was posted and, upon additional information, appears to have been primarily for the purpose of bullying or harassment.  In many instances Ripoff Report will reach out to the author of the Report to obtain further information.  In other instances, enough information is provided to Ripoff Report to warrant redactions without reaching out to the author.  Ripoff Report is working to combat tactics that are perceived to be cyber-harassment, cyberstalking, cyberbullying and/or what is generally considered a “revenge post” as we do not condone such behavior.

The Report was brought to our attention and, upon review of compiled information (which will be done on a case by case basis without any obligation as resources allow), and at Ripoff Report’s sole discretion, information that did not conform to current policies and/or the identifying information relating to the individual(s) and/or business(es) named in this “Report” and any subsequent comments thereto might have been editorially redacted as indicated by the following “(((REDACTED)))” or (((REDACTED DUE TO PERCEIVED HARASSMENT / REVENGE POST)))”.

CONSUMERS:  Be kind.  Keep it honest.  Keep it fair.  Stick to the facts.  Do your research.  Keep the dirty laundry in the laundry hamper…not on Ripoff Report.

PLEASED TO SEE SUCH EFFORTS?  YOU CAN HELP RIPOFF REPORT COMBAT THESE TYPES OF ISSUES:  Ripoff Report, as resources allow, is working towards combatting Cyber-harassment, Cyberstalking, Cyberbullying and/or other problems such as what is generically called “revenge posts” that can be riddled with personal commentary and/or allegations that can be serious and false like the posting down below.   Ripoff Report would love to be able to timely address each and every review request we receive, however, this takes time and resources.  If you think this is a worth-while endeavor, we encourage you to make a donation so that we can expand the resources that we can devote to this project.  You can make a non-tax deductible donation by clicking HERE NOW or learn a little more by visiting our “Donate to our Efforts” page.  The more resources we have, the more resources we can devote to this project and other forward thinking and positive initiatives like it.

Readers should know that Dr. Duncan Ross could have had Ripoff Report REDACT some of the false, embarrassing, and ridiculous claims, but Dr. Duncan Ross wanted full transparency so people can see how ridiculous the claims are that were made against him and Kimera Labs.

You will see down below the lawsuit that Dr. Duncan Ross / Kimera Labs filed against the author of the Ripoff Report below.

Thank you!

~ Ripoff Report Team

______________________________________________
BELOW ARE COMMENTS FROM
Dr. Duncan Ross Ph.D / Kimera Labs

I Duncan Ross Ph.D would like to state the following,

The allegations in original Report below are patently false. I’m setting the record straight.

In 2014, after eight years of grad school and two PhDs, I launched the first clinical grade stem cell exosome in the world. The regenerative potential of this small growth factor packet has completely revolutionized the regenerative medicine world and I am generally given credit for it in this country. To this day, my only competitors are either former distributors, or, in this case, an actual clone of my company perpetrated by the woman filing this report, my former quality control director who was still on our payroll while she was creating this copy of my life's work, with my customer lists, protocols etc. 

When I met Melissa Selinger in 2018 she had not worked for two years. She had no scientific background in this field. I brought her in, trained her on my process that no group in the world had understood, and within less than one year, she was plotting to create a copy of my company using my trade secrets. While I had her sign a non-compete, she broke into the safe holding it and removed it…while leaving every other employee's NDA untouched. In fact, the company she created, Exocelbio was formed directly before her attacks of this kind began in order to discredit me and take my customers. Her scheme has worked. Exocelbio runs down my customer list and then points the physician or client to this rip off report page while offering a cheaper price. This type of attack is extremely difficult for me to fend off. In the words of Jillian Vogel, the Exocelbio director of sales : ‘Tell Duncan I’m enjoying eating his lunch’. No Jillian, you stole my lunch, and you are complicit in a crime. 

LAWSUIT FILED
In the link below you can see the link to the current lawsuit we have filed against Exocelbio and Raj Jayanshankar, Deb Hubers, Jillian Vogel, and Alex Contreras. After Selinger's attacks on me and after handing over my customer list and protocols, Exocelbio then kicked HER out, and she is now working with us on this lawsuit. She has handed us over 4000 lines of text messages detailing the entire scheme, and folders of documents, many of which still have the original creator of the document listed…from our company. They simply ‘saved as’ and moved on.  There is not one PhD working in exocelbio, whereas I employ 4. I have 50 mouths to feed but with 4 people and a compounding pharmacist Exocelbio has managed to steal a significant amount of my business and patients are being to lied to as to the quality of it or its equivalence to our product.

Lawsuit

 

 

I am very proud of creating Kimera Labs but it must be understood that the company is much larger than me at this point. Our systems are very well quality controlled and seriously managed. The Exocelbio type of player are the people that should not be involved in this industry, not Kimera Labs, who created the exosome field to begin with. Our COO was a manager at TEVA pharmaceuticals for 16 years. We are the pioneers, and it is terrible to have to wake up every day with the reputation that these people have given to me, when I have done nothing more than help over 200,000 patients after losing my father to Acute Myeloid Leukemia, obtaining a PhD in that field, and giving away half of the product I have ever made for free (according to our accountants). We have treated life threatening diseases and with the hurdles I have to jump over in order to obtain FDA approval, which I have spent million of dollars toward, it is terrible to have to deal with this kind of reputation attack on a daily basis. If you would like to come visit our lab in Miami, YOU ARE WELCOME TO DO SO. Understand that no other competitor of ours would ever invite you to inspect their labs. It is the most advanced exosome lab in the world, and we are proud.

BELOW ..
The original Ripoff Report on Kimera Labs/KimeraLabs.com and Duncan Ross - Mirimar Florida is false.

------------------------------------------------

Law Suit

United States District Court Southern District of Florida Dr. Melissa Selingge Vs. Kimera Labs and Duncan Ross

Case No: 1:20-cv-2467

If you read all the allegations of this lawsuit you will find alleged drug abuse, possible rape, employees being assaulted physically (mostly women), rave parties at an FDA registered lab, lack of compliance and sterility issues, and it's hard to explain how bad it really gets.

This is company, Kimera Labs, Inc., making what the FDA regulates and believes are drugs- Exosomes. Kimera Labs is selling their Exosome product/drugs to the general public. It is alleged that Duncan Ross, PhD is running this operation under the influence on what is referred to as "inappropriate substances” while abusing women, possibly sexually assaulting women, getting arrested for operating an illegal liquor license, tampering with evidence, verbally abusing other employees, and there is so much more immoral, illegal and unsafe practices to mention without actually reading the complaint. 

You have to read from # 43 to #91 to understand how horrible, immoral, degrading and what a threat the actions of Dr. Duncan Ross and Kimera Labs, Inc. really are to all of the FDA regulated businesses in existence. 

Shame on the Stem Cell Industry if at they do not take some sort of action internally when the actions of this one player Kimera Labs, Inc. and Dr. Duncan Ross are discovered. 

United States District Court

VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL

 Plaintiff DR. MELISSA SELINGER, through her undersigned counsel, sues Defendants KIMERA LABS INC., a Florida Corporation; DR. DUNCAN ROSS; and ALEXANDER JELINEK, for damages, and in support thereof alleges as follows:

Introduction 

1.                 Dr. Selinger was a young woman fresh out of graduate school when she was introduced to Dr. Ross, a man more than ten years her senior, who persuaded her to join his fledgling company, Kimera Labs, Inc. ("Kimera"), as its third full-time employee. In over a year of grueling labor under some of the most challenging conditions a young woman could ever face, Dr, Selinger was instrumental in turning Kimera into a leading exosome biotechnology laboratory, with dozens of employees and a rapidly growing book of business.

2.                 Despite her extraordinary achievement helping transform Kimera into a commercial success, Dr. Selinger was subjected to a constant barrage of sexual harassment by Dr. Ross, Kimera’s founder and CEO, and later by Mr. Jelinek, Dr. Ross'

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close friend and Kimera’s Chief Technology Officer. Ultimately, when Dr. Selinger reported these acts to Kimera's decision-makers, Kimera retaliated, demoting and ultimately firing Dr. Selinger without cause.

3.                 Dr. Selinger was also fraudulently induced to work with Kimera based on Dr. Ross' false promise that, in exchange for a meager starting salary, Dr. Selinger would receive a substantial equity share in the sompany. This promise was even reduced to a written contract. In truth, Kimera and Dr. Ross never had any intention of providing Dr. Selinger with her equity share in the company and only made these representations to induce Dr. Selinger to work at a salary that was far less than her market value. To date, Dr. Selinger has never received the equity that she was promised in exchange for her work.

4.                 Dr. Selinger was also made victim to traumatic acts of physical and psychological abuse by Dr. Ross and Mr. Jelinek, who built in Kimera a toxic and hostile culture. These men used their positions of power and influence over Dr. Selinger in ways that have left her emotionally and psychologically damaged. Moreover, instead of properly supervising its officers to assure that they not engage in illegal and tortious acts, Kimera negligently turned a blind eye.

5.                 Dr. Melissa Selinger brings this lawsuit to seek justice against her former employer, Kimera Labs, Inc., and two of its principles, Dr. Duncan Ross and Mr. Alexander Jelinek, for their acts of sexual discrimination and retaliation, broken and fraudulent promises of equity and career advancement, negligent supervision, and intentional acts of battery and infliction of emotional distress. Dr. Selinger seeks damages, including punitive damages, to make her whole and to punish and deter Defendants' willful and malicious acts.

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JURISDICTION  AND VENUE 

6.                 This action is brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended ("Title VII”) and the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01, ef seq., as amended ("FCRA”), as well as under the common law of Florida.

7.                 This Court has original jurisdiction over this civil action pursuant to 28 U.S.C. § 1331 because this action involves federal questions. The Court also has supplemental jurisdiction over related state law claims pursuant to 28 U.S.C. § 1367.

8.                 Plaintiff DR. MELISSA SELINGER ("Dr. Selinger”) is a resident of Miami- Dade County, Florida, and is competent to bring this action.

9.                 Defendant KIMERA LABS INC. ("Kimera”) is a Florida corporation with its principal place of business in Miramar, Florida, within the Southern District of Florida. Kimera operates as a stem cell manufacturing laboratory, with such business completed at a building complex composed of three warehouses located at 1737 NW 21st Terrace, Miami, Florida (the "Womb"), in Miami-Dade County, within the Southern District of Florida.

10.             Defendant DR. DUNCAN ROSS ("Dr. Ross”) is the Founder, Chief Executive Officer, and Registered Agent of Kimera, and is a resident of Miami-Dade County, Florida.

11.             Upon information and belief, Defendant ALEXANDER JELINEK ("Mr.Jelinek”) is the Chief Information Officer of Kimera and is a resident of the State of California, and is sui juris.

12.             Venue in the Southern District of Florida is proper because the workplace in which the unlawful practices were committed is located in the Southern District of Florida, and because other unlawful or tortious acts took place within the Southern District of Florida.

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13.             All conditions precedent to bringing this action, if any, have occurred, have been waived, or would be a useless act and are accordingly waived.

14.             Plaintiff is entitled to recover reasonable attorneys’ fees and costs pursuant to, but not necessarily limited to, provisions set forth in the FCRA and Title VII, as well as under Fla. Stat. 448.01, among other things.

15.             Plaintiff has retained the undersigned law firms to represent her in this action, and has agreed to pay them a reasonable fee for prosecution of this action.

FACTUAL BACKGROUND 

Dr. Se/inger’s Employment with X/mera

 

16.             Dr. Selinger completed a doctorate program in pharmacy at Nova Southeastern University in Fort Lauderdale, Florida, in 2015. Dr. Selinger’s coursework included aspects of drug manufacturing, regulatory compliance, quality control, and microbiological lab work.

17.             Based on Dr. Selinger’s education and experience, she was capable of obtaining employment with a starting salary of over $130,000.

18.             Dr. Selinger was first introduced to Dr. Ross in 2017 when she was invited to an event at the Womb.

19.             Dr. Ross provided Dr. Selinger with a tour of the stem cell laboratory and informed Dr. Selinger that he could use her assistance in drug development and regulatory compliance.

20.             In early 2018, Dr. Selinger was seeking employment and was reconnected with Dr. Ross through a mutual acquaintance. At that time, Dr. Ross and his then-girlfriend Sara Watson ("Ms. Watson") were the only persons working at the stem cell lab located at

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a warehouse in Miami, which Dr. Ross named "the Womb". Dr. Ross would perform the stem cell culture work and Ms. Watson acted as a secretary and personal assistant to Dr.Ross.

21.             Prior to Dr. Selinger’s employment, the Womb did not have adequate recordkeeping for the drugs it was manufacturing and had an insufficient system to assure safety and consistency in the drug products.

22.             Dr. Selinger was initially hired at Kimera in March 2018 by Dr. Ross to bring the lab located at the Womb into compliance with FDA regulations and to create and implement a Quality Management System for FDA, the International Organization for Standardization, and the American Association of Tissue Banks (collectively, the "Regulatory Agencies") regulatory compliance.

23.             Dr. Ross assured Dr. Selinger that she would be entitled to equity in the company valued in the millions of dollars and told her that joining the company would mean "all [her] dreams will come true."

24.             Dr. Selinger relied upon Dr. Ross's statements in deciding to take the job.

25.             While Dr. Selinger began working for Kimera in March 2018, she received no salary at that time and operated in reliance upon Dr. Ross’s promises to her that she would have a signed employment contract that included compensation and equity in the company. During this time, Dr. Ross also stated he would provide Dr. Selinger with a Mini Cooper as a company car.

26.             The first time Dr. Selinger received payment from Dr. Ross and Kimera was on April 29, 2018 in the amount of $2,000. Dr. Selinger continued working with no salary, contract, or benefits until June 8, 2018, when she received a $4,000 deposit. Thus, in her

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first three months of employment, Dr. Selinger received only $6,000, for an average salary of less than $500 a week.

27.             Beginning on June 14, 2018, Dr. Selinger began receiving bi-weekly payments of $2,090.89.

28.             Despite her ability to obtain higher paying employment, Dr. Selinger accepted a reduced salary in reliance upon Dr. Ross’s representations, with a consequence of her contributions as a foundational officer, meaning she would receive equity and an increased salary as the company grew.

29.             Dr. Selinger also discussed her requirement to obtain equity in Kimera with Marc Waldman, Kimera’s Chief Financial Officer and co-founder on numerous occasions. On August 20, 2018, Mr. Waldman expressed that both he and Mr. Ross wanted Dr. Selinger to have ownership in the company, told her she would be part of the company’s stock plan, and stated he would provide her a specific plan within the subsequent weeks.

30.             Mr. Waldman and Dr. Selinger met for dinner on or about August 23, 2018 near Dr. Selinger’s home in Miami and told her 20% of equity in Kimera was to be divided between the company’s first five employees, which included Dr. Selinger.

31.             On or about September 10, 2018, Dr. Selinger was finally presented with an employment contract that included the terms of her employment with Kimera, backdated to August 1, 2018.

32.             The employment contract provided that Dr. Selinger’s annual salary as the Chief Quality and Regulatory Officer would be $64,000, that she would be "immediately eligible for Stock Option and or Stock Ownership plans,” that she was expected to participate in a "bonus/commission agreement," that she would be eligible for health insurance and a

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401k plan, and stated her job duties and responsibilities. The contract, attached as Exhibit A, was signed by both Dr. Selinger and Dr. Ross, on behalf of Kimera.

33.             In addition to Dr. Selinger’s work to research the Regulatory Agencies’ compliance and quality control regulations, she was also tasked to work with two consulting firms hired by Dr. Ross to build out the Standard Operating Procedures ("SOPs") for the lab.

34.             During this process, Dr. Selinger and the consulting firms discovered that Dr. Ross and Kimera were not in compliance with various laws and regulations.

35.             With the help of the consulting firms, Dr. Selinger was ultimately able to create a central online repository for all documentation, including logs, SOPs, and other records.

36.             Although Dr. Selinger’s official title was Chief Regulatory Officer, in practice she also became responsible for many of the critical day-to-day operations of Kimera, such as creating its products and training staff. Dr. Selinger often worked 12 to 14 hour days, 6 to 7 days a week, to assure Kimera’s continued success. Dr. Selinger often put in these hours while Dr. Ross was absent vacationing and partying.

37.             By performing these critical tasks at this early stage of Kimera’s venture, Dr. Selinger helped ensure that the company could stay in business and begin growing beyond a handful of employees in a makeshift facility.

38.             Although Dr. Selinger’s employment contract guaranteed her a fixed percentage of equity, she never received the equity she was promised.

39.             In or around late November or early December 2018, Kimera hired Mr. Jelinek as the Chief Information Officer.

40.             Mr. Jelinek showed Dr. Selinger the employment contract signed by himself and Dr. Ross, which provided that he would start at a low salary similar to that of Dr.

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Selinger’s, that his salary would increase at predetermined milestones, and that by a certain date, he would receive a percentage of equity in writing.

41.             Kimera's Chief Operating Officer, Victor Barteaux, who began with the company making roughly the same salary as Dr. Selinger, was eventually making $15,000 a month.

42.             Dr. Selinger never received any salary increase or equity during her entire employment with Kimera. The only additional benefit she has received, other than her $64,000 salary, was a $2,000 bonus at the end of 2018.

The Womb

 43.             Dr. Ross founded Kimera as a stem cell manufacturing laboratory, with such operations taking place at The Womb. The Womb was composed of three warehouses, one of which contained a makeshift cleanroom laboratory with plastic sheeting stapled to the walls where Dr. Ross manufactured stem cell exosome product intended for human injections.

44.             Dr. Ross outfitted one of three warehouses into a makeshift nightclub, including a DJ booth and unlicensed liquor bar.

45.             Dr. Ross also modified the outdoor courtyard area at the Womb to include AstroTurf, a ball pit, a large out-of-ground swimming pool, a hot tub, as well as numerous illegal wooden structures such as a privacy wall and shower structure.

46.             Dr. Ross lived at the Womb with his then-girlfriend, Ms. Watson.

47.             The Womb was ultimately closed after receiving multiple infractions. These infractions included building code violations, working without a permit, no certificate of use, and no business tax receipt.

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48.             Dr. Ross was arrested for tampering with evidence and operating without a liquor license or business permit.

Kimera’s Misogynistic Culture and me Ongoing

Sexoa/ Harassment and A6tzse of Or. Selinger 

49.             Since her employment with Kimera began in March of 2018, Dr. Selinger experienced Dr. Ross’s explosive temper which led him to engage in condescending verbal abuse and tantrums.

50.             Dr. Ross’s use of inappropriate substances exacerbated his angry episodes.

 

51.             On multiple occasions, Dr. Selinger saw Dr. Ross and Ms. Watson engaged in intense shouting arguments at the Womb, which caused Dr. Selinger to fear Dr. Ross.

52.             On multiple occasions, Dr. Ross physically struck individuals at the Womb and otherwise acted in a threatening and abusive manner at the Womb. Some of these episodes were in Dr. Selinger’s presence, which also caused Dr. Selinger to fear Dr. Ross.

53.             Dr. Ross fostered a party environment at Kimera and encouraged employees to consume inappropriate substances at the Womb.

54.             Dr. Selinger felt pressured to partake in these activities because of her position as a subordinate of Dr. Ross, and because she was scared of him.

55.             In early June 2018, after working a full day at the lab, Dr. Ross and Ms.

Watson insisted that Dr. Selinger consume inappropriate substances and join them in the hot tub at the Womb.

56.             After initially resisting, under implicit threat of retribution in the workplace and

due to fear of Dr. Ross, Dr. Selinger felt pressured to join them in the hot tub. Dr. Ross used his power and influence over Dr. Selinger to coerce and intimidate her into a situation that resulted in an assault and battery upon Dr. Selinger.

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57.               Shortly thereafter, while Dr. Selinger was alone in the laboratory located at the Womb, Dr. Ross cornered and forced another assault and battery upon Dr. Selinger.

58.             Dr. Ross’s conduct was predatory.

59.             Dr. Ross committed assaults and batteries on Dr. Selinger when she was powerless and had diminished capacity.

60.             The circumstances surrounding the assaults and batteries were sufficiently outrageous so as to inflict emotional distress upon Dr. Selinger.

61.             Dr. Selinger objected to Dr. Ross’s inappropriate conduct.

62.             Thereafter, Dr. Ross's attitude towards Dr. Selinger dramatically changed, and Dr. Ross became increasingly condescending, short-tempered, and disrespectful, with constant threats of terminating Dr. Selinger for no reason.

63.             On one occasion in the summer of 2018, Dr. Ross berated and disrespected Dr. Selinger in front of Ms. Watson. Dr. Selinger began packing up her things, intending to quit. When Dr. Ross realized what was happening, he apologized profusely to Dr. Selinger and begged her not to quit while on his knees, stating "I need your help” and "I can’t do this without you."

64.             On another occasion in August 2018, Dr. Ross berated Dr. Selinger via text message after she took the initiative to communicate with a new employee that would ultimately impact her own job responsibilities. In this text conversation, Dr. Ross compared Dr. Selinger to Ms. Watson, asked that she stop making his life "suck,” told her that she "add[s] to [his] stress in a way [she] can’t believe,” and implied that she and Ms. Watson were problematic because they were both "girls.” He also stated that the new employee was "far more educated” than Dr. Selinger and that he was giving Dr. Selinger "one more strike.”

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65.             Dr. Ross would also verbally abuse Dr. Selinger and other female employees with taunts and insults and often humiliated Dr. Selinger in the presence of other employees. On numerous occasions, Dr. Ross blocked Dr. Selinger from contacting him through Whatsapp and other communication channels.

66.             Dr. Selinger spoke with various employees and officers about Dr. Ross’s anger, inappropriate behavior, and other emotional abuse towards her, with many of these conversations documented in Whatsapp and other messaging platforms.

67.             On one occasion while Dr. Selinger was meeting with consultants, Dr. Ross entered the room visibly hungover and belligerent and loudly asked the consultants if he should fire Dr. Selinger. Silence ensued, but eventually, one of the consultants suggested it would not be legal to fire Dr. Selinger. Dr. Ross responded by stating, "I can do whatever the f**k I want,” then stormed out of the room into his office, where he immediately passed out on the couch.

68.             As yet another example of Mr. Ross’s abusive behavior toward Dr. Selinger, Mr. Ross wrote in an email, in response to Dr. Selinger’s request that she be able to defer days off from Christmas to January, that "I would suggest you work every free moment you have” and that he was "saving this for HR purposes." He then wrote to Dr. Selinger that "You really don’t understand what your job is do you? It’s like speaking to a squirrel," and "You have 25 people’s lives riding on your immaturity. That's criminal."

69.             There were other incidents of Dr. Ross’s harassing behavior including: Dr. Ross tossing a $100 bill at Dr. Selinger in the office as if she were a stripper; multiple incidents, documented with contemporaneous notes, of Dr. Ross screaming at and humiliating Dr. Selinger in front of staff; and Dr. Ross pulling out his p***s and urinating into

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a metal grate in Dr. Selinger’s presence following Kimera’s December holiday party. Dr. Selinger was also intentionally excluded from an extravagant end-of-the-year trip in which the entire upper management team, except Dr. Selinger, was flown out to Las Vegas.

70.             In or around late November or early December of 2018, Mr. Jelinek was hired as Kimera's Chief Information Officer. Mr. Jelinek lived in California with his wife and children and would periodically travel to Miami to work at Kimera for several days at a time.

71.             At first, Dr. Selinger and Mr. Jelinek had a good working relationship, and Dr. Selinger believed that Mr. Jelinek would serve as a useful intermediary between herself and Dr. Ross, particularly because of Dr. Ross’s angry, unstable, and erratic outbursts.

72.             Early in their relationship, however, while Dr. Selinger and Mr. Jelinek were walking through the hallway of the Miramar office, Mr. Jelinek suddenly turned into the men’s bathroom, kept the door open, pulled out his p***s in front of Dr. Selinger, and told her to "keep talking" as he urinated. Coincidentally, Kimera’s Chief Operating Officer, Victor Barteaux, was also walking through the hallway and happened to see what was happening, exclaiming "whoa!" at the inappropriate scene.

73.             During this time, Dr. Selinger was still in the process of negotiating a pay raise and equity with Kimera in a formal written contract. Mr. Jelinek knew this and showed Dr. Selinger his own employment contract with Kimera.

74.             Promising to help her negotiate her contract with Kimera, Mr. Jelinek suggested that Dr. Selinger meet him for dinner after work on or around December 3, 2018 to discuss the contract.

75.             During dinner, Mr. Jelinek purchased multiple rounds of alcoholic drinks for Dr. Selinger, which she felt pressured to drink because she was relying on him to help

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improve her traumatic working circumstances and environment.

76.             Dr. Selinger attempted to raise the issue of the contract multiple times, but Mr. Jelinek repeatedly demurred from the conversation.

77.             Later that night, Mr. Jelinek committed an assault and battery against Dr. Selinger when she was powerless and had diminished capacity.

78.             Mr. Jelinek's conduct was predatory.

79.             The circumstances surrounding the assault and battery were sufficiently outrageous so as to inflict emotional distress upon Dr. Selinger.

80.             Dr. Selinger objected to Mr. Jelinek’s inappropriate conduct.

81, Thereafter, Mr. Jelinek’s attitude towards Dr. Selinger dramatically changed, and he repeatedly berated and spoke condescendingly towards her while at work.

82.             In a January 2019 meeting, after Dr. Selinger told Mr. Jelinek he was overstepping his role as Chief Technology Officer by attempting to micromanage her position as Chief Regulatory Officer, Mr. Jelinek yelled at Dr. Selinger, calling her "stupid,” an "idiot,” and "f**king retarded,” and stated, "I will micromanage you so far up your a*s you are going to be fired or want to quit.”

83.             In a February 1, 2019 email chain from Dr. Selinger to Dr. Ross and Mr. Jelinek, Mr. Jelinek expressed skepticism about Dr. Selinger’s ability to become a project manager and objected to her having autonomy over her own project management.

84.             Despite Dr. Ross and Mr. Jelinek’s obvious issues with and discrimination against Dr. Selinger, other employees at Kimera praised Dr. Selinger for her excellent work.

85.             Kimera’s Chief Operating Officer, Victor Barteaux, told Dr. Selinger that everyone on the Kimera Board of Directors and executive team commented on her excellent

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work output.

86.             Kimera’s National Sales Director, Adam Koster, also text messaged Dr. Selinger, stating: "Have gotten feedback this week that you have been killing it lately. Your efforts are recognized and appreciated.”

87.             Indeed, in the same February 1, 2019 email thread where Mr. Jelinek criticized Dr. Selinger, Mr. Jelinek also noted that her performance was excellent.

Dr. Selinger's Effecf/ve Oemot/on anr/ St/6seqt/ent termination 

88.               In March of 2019, Kimera hired a new Chief Regulatory Officer without informing Dr. Selinger that she was being replaced.

89.             Mr. Jelinek sent an email to the entire staff announcing the hire, in which he falsely stated that Dr. Selinger, through the discontinuation of an email address assigned to her, was "currently undergoing lobotomy and exosome treatment."

90.             After Ms. Perez was hired, Mr. Jelinek repeatedly disrupted Dr. Selinger’s access to communications, including email and data access, effectively preventing her from doing her job.

91.             Dr. Selinger told other employees about Mr. Jelinek's apparent vendetta against her and how he was essentially prohibiting her from completing her responsibilities.

92.            Dr. Selinger expressed in writing to other employees that Mr. Jelinek’s actions constituted harassment against her.

93.             In 2019, Kimera hired Lisa McMillion, who is Dr. Ross’s sister, to join Kimera as its Co-CEO and CFO. In May 2019, Dr. Selinger complained to Ms. McMillion in writing concerning the sexual harassment and discrimination she had and was continuing to experience from Dr. Ross and Mr. Jelinek. In a lengthy series of detailed text messages, Dr.

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Selinger provided Ms. McMillion with direct evidence of Kimera’s officers’ harassment and discrimination against her on the basis of sex and gender.

94.             Eventually, Kimera called Dr. Selinger and offered to demote her to be an hourly paid research assistant, a completely different role than the one she was hired for, for retaliatory reasons. Dr. Selinger refused this reduced role.

95.              After Dr. Selinger was effectively demoted, she notified numerous Kimera officers and employees in writing of various discriminatory actions, including but not limited to Dr. Ross and Mr. Jelinek’s batteries, misconduct, and sexual discrimination; Dr. Ross’s inappropriate conduct at the workplace; Dr. Ross and Mr. Jelinek’s ongoing intimidation tactics; Dr. Ross and Mr. Jelinek’s ongoing harassment; and Dr. Ross and Mr. Jelinek’s physical and mental abuse which resulted in a hostile work environment.

96.              Kimera then further retaliated against Dr. Selinger by formally terminating her on October 17, 2019.

97.              Dr. Selinger's termination resulted from her complaints concerning the discrimination she was experiencing in her employment, including to Kimera, Ms. McMillion, and others.

98.             Plaintiff timely filed a Charge of Discrimination with the Equal Employment Opportunity Commission and Florida Commission on Human Relations.

99.             The EEOC issued Plaintiff a Right to Sue notice on July 31, 2020.

100.         Subsequent to Dr. Selinger filing a charge with the EEOC, Dr. Ross engaged in additional outrageous behavior by contacting Dr. Selinger’s friends and associates in an effort to humiliate Dr. Selinger. Dr. Ross’s actions were designed to intimidate, threaten, and instill fear in Dr. Selinger, all of which has caused her emotional distress.

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101.         Plaintiff repeats and re-alleges the allegations of Paragraphs 1 through 100 as if fully set forth herein.

102.         Plaintiff belongs to a protected class, as she is a woman.

103.         Plaintiff was qualified for the position she was hired for, namely as Kimera Labs’ Chief Regulatory Officer.

104.         Defendant unlawfully discriminated against Plaintiff by treating her unfavorably and/or less favorably because of her sex, including by harassing the Plaintiff, sexually and otherwise; using its position of power over Plaintiff to force her into inappropriate and sexually abusive situations; making inappropriate, demeaning, and humiliating statements to and about the Plaintiff; and subjecting Plaintiff to an abusive and misogynistic work environment, among other things.

105.         Plaintiff suffered as a result of being exposed to sex/gender discrimination, sexual harassment, assault and battery, hostile work environment, and unequal pay, wrongful demotion and termination.

106.         Defendant treated similarly situated, male employees more favorably than Plaintiff.

107.         Defendant had no legitimate business reason for their discriminatory behaviors and actions against Plaintiff.

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108.         Defendant had no legitimate business reason for taking adverse actions against Plaintiff.

109.         Alternatively, if Defendant did have any legitimate business reason(s) to take any of the aforementioned adverse actions against Plaintiff, then discrimination was at least an additional reason for the aforementioned adverse actions against Plaintiff, and Defendant, at best, possessed mixed motives.

110.         In discriminating against Plaintiff, Defendant acted with malice and reckless disregard for Plaintiff's federally protected rights.

111.         As a result of the Defendant’s unlawful discrimination, Plaintiff has suffered damages.

WHEREFORE, Plaintiff DR. MELISSA SELINGER demands judgment against

Defendant KIMERA LABS, INC. for all allowable remedies (equitable and/or at law) pursuant to Title VII of the Civil Rights Act of 1964, all allowable nominal and compensatory damages, liquidated damages, damages for emotional distress, mental anguish, and loss of dignity; and punitive damages; attorneys’ fees; taxable costs allowable by law; prejudgment and post-judgment interest; and such other and further relief as this Court deems just and proper.

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112.         Plaintiff repeats and re-alleges the allegations of Paragraphs 1 through 100 as if fully set forth herein.

113.         Plaintiff belongs to a protected class, as she is a woman.

114.         Plaintiff was qualified for the position she was hired for, namely as Kimera Labs’ Chief Regulatory Officer.

115.         Defendant   unlawfully   discriminated against       Plaintiff      by  treating her unfavorably and/or less favorably because of her sex, including by harassing the Plaintiff, sexually and otherwise; using their positions of power over Plaintiff to force her into inappropriate and sexually abusive situations; making inappropriate, demeaning, and humiliating statements to and about the Plaintiff; and subjecting Plaintiff to an abusive and misogynistic work environment, among other things.

116.         Plaintiff suffered as a result of being exposed to sex/gender discrimination, sexual harassment, assault and battery, hostile work environment, and unequal pay, wrongful demotion and termination.

117.         Defendant treated similarly situated, male employees more favorably than Plaintiff.

118.         Defendant had no legitimate business reason for their discriminatory behaviors and actions against Plaintiff.

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119.         Defendant had no legitimate business reason for taking adverse actions against Plaintiff.

120.         Alternatively, if Defendant did have any legitimate business reason(s) to take any of the aforementioned adverse actions against Plaintiff, then discrimination was at least an additional reason for the aforementioned adverse actions against PlaintiW, and Defendant, at best, possessed mixed motives.

121.         In discriminating against Plaintiff, Defendant acted with malice and reckless disregard for Plaintiff's statutorily protected rights.

122.         As a result of the Defendant’s unlawful discrimination, Plaintiff has suffered damages.

WHEREFORE, Plaintiff DR. MELISSA SELINGER demands judgment against Defendant KIMERA LABS INC., for all allowable remedies (equitable and/or at law) pursuant to the Florida Civil Rights Act of 1992, all allowable nominal and compensatory damages, liquidated damages, damages for emotional distress, mental anguish, and loss of dignity; and punitive damages; attorneys’ fees; taxable costs allowable by law; prejudgment and post-judgment interest; and such other and further relief as this Court deems just and proper.

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123.         Plaintiff repeats and re-alleges the allegations of Paragraphs 1 through 100 as if fully set forth herein.

124.         Plaintiff engaged in statutorily protected activity when she notified various employees and officers of Defendant Kimera Labs that Dr. Duncan Ross and Mr. Alexander Jelinek’s inappropriate behavior was emotionally and/or sexually abusive, and of Kimera Labs’ increasingly hostile work environment, among other things.

125.         After Plaintiff engaged in such statutorily protected activity, she was effectively demoted from her position as Chief Regulatory Officer beginning in March of 2019.

126.         After Plaintiff engaged in such statutorily protected activity, she was terminated effective October 17, 2019.

127.         Plaintiff’s complaints to the employees and officers are causally connected to Defendants’ retaliatory adverse employment actions against her.

128.         As a result of the Defendant’s unlawful retaliation, Plaintiff has suffered damages.

WHEREFORE, Plaintiff DR. MELISSA SELINGER demands judgment against

Defendant KIMERA LABS INC. for all allowable remedies (equitable and/or at law) pursuant to Title VII of the Civil Rights Act of 1964, all allowable nominal and compensatory damages, liquidated damages, damages for emotional distress, mental

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anguish, and loss of dignity; and punitive damages; attorneys’ fees; taxable costs allowable by law; prejudgment and post-judgment interest; and such other and further relief as this Court deems just and proper.

129.         Plaintiff repeats and re-alleges the allegations of Paragraphs 1 through 100 as if fully set forth herein.

130.         Plaintiff engaged in statutorily protected activity when she notified various

employees and officers of Defendant Kimera Labs that Dr. Duncan Ross and Mr. Alexander Jelinek’s inappropriate behavior was emotionally and/or sexually abusive, and of Kimera Labs’ increasingly hostile work environment, among other things.

131.         After Plaintiff engaged in such statutorily protected activity, she was effectively demoted from her position as Chief Regulatory Officer beginning in March of 2019.

132.         After Plaintiff engaged in such statutorily protected activity, she was terminated effective October 17, 2019.

133.         Plaintiff's complaints to the employees and officers are causally connected to Defendants’ retaliatory adverse employment actions against her.

134.         As a result of the Defendant’s unlawful retaliation, Plaintiff has suffer damages.