Case 0:18-cv DPG Document 1 Entered on FLSD Docket 08/03/2018 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

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1 Case 0:18-cv DPG Document 1 Entered on FLSD Docket 08/03/2018 Page 1 of 8 PEDRO LAZO and All Others Similarly Situated, vs. Plaintiffs, TRI SEA STABILIZERS, LLC and TIMOTHY NICHOLS, Defendants. / UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 18-CV COLLECTIVE ACTION COMPLAINT FOR FLSA OVERTIME WAGE VIOLATION(S) Plaintiff, Pedro Lazo, for himself and all others similarly situated, sues Defendants, Tri Sea Stabilizers, LLC and Timothy Nichols, as follows: Parties, Jurisdiction, and Venue 1. Plaintiff, Pedro Lazo, is over 18 years old and has been a sui juris resident of Broward County, Florida, at all times material, and consents to participate in this lawsuit. (Exhibit 1.) 2. Defendant, Tri Sea Stabilizers, LLC, is a sui juris Florida for-profit corporation that was authorized to conduct and actually conducted its for-profit business in Florida, at all times material, and it maintains its principal place of business in Fort Lauderdale, Florida, while doing business and having offices in Islamorada, Florida; Fort Lauderdale, Florida; Naples, Florida; and Wilmington, North Carolina according to its website. 3. Defendant, Timothy Nichols, was and is the President of American Builders N. Kendall Drive, Suite 450, Miami, FL TEL FAX

2 Case 0:18-cv DPG Document 1 Entered on FLSD Docket 08/03/2018 Page 2 of 8 Masters Corp, for the time period relevant to this lawsuit. He ran Tri Sea Stabilizers, LLC s dayto-day operations, was responsible for all operational decisions, and was partially or totally responsible for paying Plaintiff s wages and the wages of all others similarly situated. 4. Defendants, Tri Sea Stabilizers, LLC and Timothy Nichols, were Plaintiff s direct employers, joint employers and co-employers for purposes of the FLSA, as the term employer is defined by 29 U.S.C. 203(d). Both Defendants employed Plaintiff and all others similarly situated. 5. Venue is proper pursuant to 28 U.S.C. 1391(b)(ii) because Defendants transact business in this District, because Defendant, Tri Sea Stabilizers, LLC, maintains its principal place of business in this District, because Plaintiff and all others similarly situated worked and were due to be paid in this District, and because most if not all of the operational decisions were made in this District. 6. This Court has original jurisdiction over Plaintiff s federal question claim pursuant to 28 U.S.C and 26 U.S.C. 201, et seq. Background Facts 7. Defendants regularly employed two or more employees for the relevant time period that handled goods or materials that travelled through interstate commerce, or used instrumentalities of interstate commerce, thus making Defendants business an enterprise covered under the Fair Labor Standards Act. 8. In particular, Defendants own and operate a marine service company that services and installs marine stabilizing gyroscopes (Seakeepers). 9. Defendants have been at all times material engaged in interstate commerce in the course of their provision of the service and repair of maritime stabilizing gyroscopes and related N. Kendall Drive, Suite 450, Miami, FL TEL FAX

3 Case 0:18-cv DPG Document 1 Entered on FLSD Docket 08/03/2018 Page 3 of 8 services which, traditionally, cannot be performed without using goods, materials, supplies, and equipment that have all moved through interstate commerce. 10. Defendants engage in interstate commerce in the course of their submission of billings and receipt of payment involving out-of-state payors, including from Seakeeper, as well as their shipping and receipt of parts to and from out-of-state locations. 11. Furthermore, Defendants obtain, solicit, exchange and send funds to and from outside of the State of Florida, regularly and recurrently use telephonic transmissions going outside of the State of Florida to conduct business, and transmit electronic information through computers, the internet, via , and otherwise outside of the State of Florida in the course of their business. 12. Defendants annual gross revenues derived from this interstate commerce are believed to be in excess of $500,000.00, and their quarterly gross revenues exceeded $125,000, for the relevant time period. 13. Plaintiff was an employee of Defendants, as the term employee is defined by 29 U.S.C. 203(e). 14. Plaintiff was a non-exempt employee of Defendants. 15. In particular, Plaintiff worked for Defendants as a service technician. 16. Plaintiff worked for Defendants from November 2017 to July 9, To the extent that records exist regarding the exact dates of Plaintiff s employment exist, such records are in the exclusive custody of Defendants. 18. Defendants agreed to pay Plaintiff an hourly rate of pay. 19. Plaintiff s work for Defendants, and the work of the other similarly situated service technicians, was actually in or so closely related to the movement of commerce while they N. Kendall Drive, Suite 450, Miami, FL TEL FAX

4 Case 0:18-cv DPG Document 1 Entered on FLSD Docket 08/03/2018 Page 4 of 8 worked for Defendants that the Fair Labor Standards Act applies to their work for Defendants in the course of their regularly and recurrently utilizing vehicles, fuel, cellular telephones, hoses, crimps, wires, tools, and other goods and supplies that moved through interstate commerce. 20. Plaintiff and the other similarly situated service technicians would regularly and recurrently handle tools, fuel, wires, crimps, and other materials and supplies provided by Defendants that moved through interstate commerce. 21. Plaintiff and the other similarly situated service technicians would regularly and routinely work more than 40 hours in multiple workweeks while working for Defendants. 22. Defendants further would require that Plaintiff and the other similarly situated service technicians travel to locations outside of their home areas for work, but would not pay/reimburse them for the reasonable employment-related expenses that they reasonably incurred while traveling. 23. Defendants further failed and refused to pay/reimburse Plaintiff and the other similarly situated service technicians for the travel-related expenses they incurred, which operated to reduce the cash in hand to below the agreed-upon hourly wage amounts. 24. Defendants required Plaintiff and the other similarly situated service technicians to keep track of the time they worked using a phone-based application called T-Sheets. 25. Defendants would review the information submitted through the T-Sheets application and so knew at all times material that Plaintiff and the other similarly situated service technicians worked more than 40 hours in one or more workweeks. 26. Defendants ultimately circulated an that they did not pay overtime in response to one other employee s request about payment of overtime wages N. Kendall Drive, Suite 450, Miami, FL TEL FAX

5 Case 0:18-cv DPG Document 1 Entered on FLSD Docket 08/03/2018 Page 5 of 8 Collective Action Allegations 27. Plaintiff bring this action on behalf of himself and other similarly situated persons who work and who worked for Defendants in Florida as during the two years immediately preceding the filing of the initial Complaint in this Cause through the date of the rendition of a final judgment in this action. 28. There are many similarly situated current and former employees of Defendants who have been underpaid in violation of the FLSA, deprived of the overtime pay they earned, and who would benefit from the issuance of notice of their rights, the present lawsuit, and their ability to join this lawsuit (without fear of retaliation for affected current employees of Defendants). 29. The class of similarly situated employees employed by Defendants who may become Plaintiffs in this action are current and former employees of Defendants who worked more than 40 hours in a workweek, who earned but did not receive overtime pay for all of the overtime hours worked, and who are and who were subject to the same payroll practices and procedures as the Plaintiff. 30. The class of similarly situated employees employed by Defendants are known to Defendants, readily identifiable from records maintained by Defendants, and necessarily will present legal and factual issues which are nearly the same, if not identical to Plaintiff s issues. 31. Defendants paid Plaintiff according to the same pay practice that it applied to its other employees who, like Plaintiff, were not paid for all of the time they worked for Defendants and who were not paid overtime wages calculated at time and one-half times their regular rate(s) of pay for all of the time worked as a result of Defendants payment of travel time at the regular rate only N. Kendall Drive, Suite 450, Miami, FL TEL FAX

6 Case 0:18-cv DPG Document 1 Entered on FLSD Docket 08/03/2018 Page 6 of Plaintiff performed the same type of work under the same procedures, rules, and regulations, as a class of Defendants other similarly situated employees who were not paid for all of the time they worked for Defendants and who were not paid overtime wages calculated at time and one-half times their regular rate(s) of pay for all of the time worked as a result of Defendants policy of only paying its employees at their regular rate(s) of pay, only. Liability 33. Defendants failed and refused to pay Plaintiff and the other similarly situated service technicians overtime wages calculated at time and one-half of their regular hourly rates of pay for all hours that they worked over 40 hours in a given workweek. 34. Defendants lacked a good faith or reasonable believe in their failure to pay Plaintiff and the other similarly situated service technicians wages at a rate of time and one-half times their regular rates of pay for each of the overtime hours they worked during the relevant time period. 35. Defendants either recklessly failed to investigate whether their failure to pay Plaintiff and the other similarly situated service technicians an overtime wage for the hours they worked during the relevant time period violated the Federal Wage Laws of the United States, they intentionally misled Plaintiff and the other similarly situated service technicians to believe that Defendants were not required to pay an overtime rate, and/or Defendants concocted a scheme pursuant to which the deprived Plaintiff and the other similarly situated service technicians the overtime pay earned. 36. Any/all condition(s) precedent to filing this lawsuit occurred and/or was satisfied by Plaintiff N. Kendall Drive, Suite 450, Miami, FL TEL FAX

7 Case 0:18-cv DPG Document 1 Entered on FLSD Docket 08/03/2018 Page 7 of Plaintiff retained the undersigned counsel and agreed to pay a reasonable fee for all services rendered. 38. Plaintiff is entitled to a back pay award of overtime wages for all overtime hours he worked, plus an equal amount as a penalty, plus all attorneys fees and costs. WHEREFORE Plaintiff, Pedro Lazo, for himself and all others similarly situated, demands the entry of a judgment in his/their favor and against Defendants, Tri Sea Stabilizers, LLC and Timothy Nichols, jointly and severally after trial by jury and as follows: a. That the Court certify the instant suit as an opt-in class action under 29 U.S.C. 216(b) for all similarly situated employees who elect to join these proceedings at the earliest opportunity so that Plaintiff can send notice to all similarly situated commission-only employees of Defendants who sold health insurance during the past three years; b. That the named Plaintiff and all class members who opt in recover compensatory overtime wage damages and an equal amount of liquidated damages for all overtime work performed for the Defendants as provided under the law and in 29 U.S.C. 216(b) c. That the named Plaintiff and all class members who opt in recover pre-judgment interest if he/they is/are not awarded liquidated damages; d. That the named Plaintiff and all class members who opt in recover an award of reasonable attorneys fees, costs, and expenses pursuant to the FLSA; e. That the Defendants be Ordered to make the Plaintiff and all class members who opt in whole by providing appropriate overtime pay and other benefits wrongly denied in an amount to be shown at trial and other affirmative relief; N. Kendall Drive, Suite 450, Miami, FL TEL FAX

8 Case 0:18-cv DPG Document 1 Entered on FLSD Docket 08/03/2018 Page 8 of 8 f. All interest allowed by law; and g. Such other and further relief as the Court deems just and proper. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury of all issues so triable. Dated this 3rd day of August, Respectfully Submitted, FAIRLAW FIRM Counsel for Plaintiff 7300 North Kendall Drive Suite 450 Miami, FL Tel: Fax: s/brian H. Pollock, Esq. Brian H. Pollock, Esq. Fla. Bar No brian@fairlawattorney.com N. Kendall Drive, Suite 450, Miami, FL TEL FAX

9 Case 0:18-cv DPG Document 1-1 Entered on FLSD Docket 08/03/2018 Page 1 of 1 Exhibit 1

10 Case 0:18-cv DPG Document CIVIL 1-2 COVER Entered SHEET on FLSD Docket 08/03/2018 Page 1 of 2 JS 44 (Rev. 06/17) FLSD Revised 06/01/2017 The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below. I. (a) PLAINTIFFS PEDRO LAZO DEFENDANTS TRI SEA STABILIZERS, LLC and TIMOTHY NICHOLS (b) County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF CASES) (c) Attorneys (Firm Name, Address, and Telephone Number) County of Residence of First Listed Defendant NOTE: Attorneys (If Known) (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (d) Check County Where Action Arose: MIAMI- DADE MONROE BROWARD PALM BEACH MARTIN ST. LUCIE INDIAN RIVER OKEECHOBEE HIGHLANDS II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff) (For Diversity Cases Only) and One Box for Defendant) 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State 2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State IV. NATURE OF SUIT (Place an X in One Box Only) Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country Click here for: Nature of Suit Code Descriptions CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC Withdrawal 376 Qui Tam (31 USC 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC (a)) 140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust & Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking 151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce 152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent Abbreviated New Drug Application 460 Deportation Student Loans 340 Marine Injury Product 840 Trademark 470 Racketeer Influenced and (Excl. Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations 153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit of Veteran s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV 160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/ 190 Other Contract Product Liability 380 Other Personal 740 Railway Labor Act 864 SSID Title XVI Exchange 195 Contract Product Liability 360 Other Personal Property Damage 751 Family and Medical 865 RSI (405(g)) 890 Other Statutory Actions 196 Franchise Injury 385 Property Damage Leave Act 891 Agricultural Acts 362 Personal Injury - Product Liability 790 Other Labor Litigation 893 Environmental Matters Med. Malpractice 791 Empl. Ret. Inc. 895 Freedom of Information REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS Act 210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 870 Taxes (U.S. Plaintiff 896 Arbitration 220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure 230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate Sentence 871 IRS Third Party 26 USC 7609 Act/Review or Appeal of 240 Torts to Land 443 Housing/ Accommodations Other: Agency Decision 245 Tort Product Liability 445 Amer. w/disabilities General IMMIGRATION 950 Constitutionality of State Statutes 290 All Other Real Property Employment 535 Death Penalty 462 Naturalization Application 446 Amer. w/disabilities Mandamus & Other 465 Other Immigration Other 550 Civil Rights Actions 448 Education 555 Prison Condition 560 Civil Detainee Conditions of Confinement V. ORIGIN (Place an X in One Box Only) 1 Original Proceeding VI. RELATED/ RE-FILED CASE(S) 2 Removed from State Court VII. CAUSE OF ACTION VIII. REQUESTED IN COMPLAINT: 3 Re-filed (See VI below) 4 Reinstated or Reopened 5 Transferred from 6 Multidistrict 7 another district Litigation Appeal to (specify) Transfer District Judge from Magistrate Judgment (See instructions): a) Re-filed Case YES NO b) Related Cases YES NO JUDGE: DOCKET NUMBER: 8 Multidistrict Litigation Direct File 9 Remanded from Appellate Court Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity): FLSA Overtime Wages LENGTH OF TRIAL via 2-3 CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 days estimated (for both sides to try entire case) DEMAND $ ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE DATE SIGNATURE OF ATTORNEY OF RECORD 8/3/2018 FOR OFFICE USE ONLY RECEIPT # AMOUNT IFP JUDGE MAG JUDGE CHECK YES only if demanded in complaint: JURY DEMAND: Yes No s/brian H. Pollock, Esq.

11 Case 0:18-cv DPG Document 1-2 Entered on FLSD Docket 08/03/2018 Page 2 of 2 JS 44 (Rev. 06/17) FLSD Revised 06/01/2017 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the defendant is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section (see attachment). II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an X in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C and Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an X in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions. V. Origin. Place an X in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section When the petition for removal is granted, check this box. Refiled (3) Attach copy of Order for Dismissal of Previous case. Also complete VI. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge s decision. Remanded from Appellate Court. (8) Check this box if remanded from Appellate Court. VI. Related/Refiled Cases. This section of the JS 44 is used to reference related pending cases or re-filed cases. Insert the docket numbers and the corresponding judges name for such cases. VII. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VIII. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. Date and Attorney Signature. Date and sign the civil cover sheet.

12 Case 0:18-cv DPG Document 1-3 Entered on FLSD Docket 08/03/2018 Page 1 of 2 PEDRO LAZO and All Others Similarly Situated, vs. Plaintiffs, TRI SEA STABILIZERS, LLC and TIMOTHY NICHOLS, Defendants. / UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 18-CV SUMMONS IN A CIVIL ACTION TO: TRI SEA STABILIZERS, LLC TIMOTHY NICHOLS, its Registered Agent 601 MASTIC STREET C ISLAMORADA, FL A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney, whose name and address are: Brian H. Pollock, Esq. FairLaw Firm 7300 N. Kendall Drive, Suite 450 Miami, FL Tel: (305) Fax: (305) brian@fairlawattorney.com If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. Date: CLERK OF COURT Signature of Clerk or Deputy Clerk

13 Case 0:18-cv DPG Document 1-3 Entered on FLSD Docket 08/03/2018 Page 2 of 2 Civil Action No.: PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date). I personally served the summons on the individual at (place), on (date) ; or I left the summons at the individual s residence or usual place of abode with (name), a person of suitable age and discretion who resides there, on (date), and mailed a copy to the individual s last known address; or I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization) on (date) ; or I returned the summons unexecuted because ; or Other (specify):. My fees are $ for travel and $ for services, for a total of $ I declare under penalty of perjury that this information is true. Date: Server s Signature Additional information regarding attempted service, etc: Printed Name and Title Server s address

14 Case 0:18-cv DPG Document 1-4 Entered on FLSD Docket 08/03/2018 Page 1 of 2 PEDRO LAZO and All Others Similarly Situated, vs. Plaintiffs, TRI SEA STABILIZERS, LLC and TIMOTHY NICHOLS, Defendants. / UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 18-CV SUMMONS IN A CIVIL ACTION TO: TIMOTHY NICHOLS 601 MASTIC STREET C ISLAMORADA, FL A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney, whose name and address are: Brian H. Pollock, Esq. FairLaw Firm 7300 N. Kendall Drive, Suite 450 Miami, FL Tel: (305) Fax: (305) brian@fairlawattorney.com If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. Date: CLERK OF COURT Signature of Clerk or Deputy Clerk

15 Case 0:18-cv DPG Document 1-4 Entered on FLSD Docket 08/03/2018 Page 2 of 2 Civil Action No.: PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date). I personally served the summons on the individual at (place), on (date) ; or I left the summons at the individual s residence or usual place of abode with (name), a person of suitable age and discretion who resides there, on (date), and mailed a copy to the individual s last known address; or I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization) on (date) ; or I returned the summons unexecuted because ; or Other (specify):. My fees are $ for travel and $ for services, for a total of $ I declare under penalty of perjury that this information is true. Date: Server s Signature Additional information regarding attempted service, etc: Printed Name and Title Server s address

16 ClassAction.org This complaint is part of ClassAction.org's searchable class action lawsuit database and can be found in this post: Former Employee Sues Tri Sea Stabilizers for Allegedly Unpaid Overtime Wages