Case 9:18-cv DMM Document 1 Entered on FLSD Docket 09/26/2018 Page 1 of 6

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1 Case 9:18cv81311DMM Document 1 Entered on FLSD Docket 9/26/218 Page 1 of 6 N THE UNTED STATES DSTRCT COURT N AND FOR THE SOUTHERN DSTRCT OF FLORDA KOREY LUSTER, on behalf of hinself and those similarly situated, CASE NO. Plaintiffs, vs. MCHAEL MARANO, individually, CREST HLL CAPTAL, LLC, and MANTS FUNDNG, LLC, Defendants. / COMPLANT AND DEMAND FOR JURY TRAL Plaintiff, KOREY LUSTER, on behalf of himself and those similarly situated, sue the Defendants, MCHAEL MARANO, individually, CREST HLL CAPTAL, LLC and MANTS FUNDNG, LLC and, and allege: 1. Plaintiff was an employee of Defendants and brings this action for unpaid overtime compensation, declaratory relief, and other relief under the Fair Labor Standards Act, as amended, 29 U.S.C. 216(b) ( FLSA ). JURSDCTON AND VENUE 2. Jurisdiction in this Court is proper as the claims are brought pursuant to the FLSA, as amended 29 U.S.C. 21, et seq., to recover unpaid back wages, an additional equal amount as liquidated damages, declaratory relief, and reasonable attorneys fees and costs. 3. The jurisdiction of the Court over this controversy is proper pursuant to 28 U.S.C. 1331, as Plaintiff s claims arise under 29 U.S.C. 216(b), and the authority to grant declaratory relief under the FLSA pursuant to 28 U.S.C. 221 et seq. 1

2 Case 9:18cv81311DMM Document 1 Entered on FLSD Docket 9/26/218 Page 2 of 6 4. Venue is proper in this Court because the acts and omissions giving rise to Plaintiff s claims occurred in Palm Beach County, Florida. PARTES 5. Plaintiff KOREY LUSTER, at all times relevant to this action, was a resident of Palm Beach County, Florida. 6. Defendant MCHAEL MARANO, at all times relevant to this action, was a resident of Palm Beach County, Florida. 7. Defendant, CREST HLL CAPTAL, LLC is a New York Corporation that operates and conducts business in Palm Beach County, Florida and is therefore, within the jurisdiction of this Court. 8. Defendant, MANTS FUNDNG, LLC is a Delaware Corporation that operates and conducts business in Palm Beach County, Florida and is therefore, within the jurisdiction of this Court. 9. At all times relevant to this action, MCHAEL MARANO was an individual resident of the State of Florida, who was an owner of, and helped to operate, CREST HLL CAPTAL, LLC and MANTS FUNDNG, LLC, and who regularly exercised the authority to: (a) hire and fire employees; (b) determine the work schedules for the employees; and (c) control the finances and operations of CREST HLL CAPTAL, LLC and MANTS FUNDNG, LLC. By virtue of having regularly exercised that authority on behalf of CREST HLL CAPTAL, LLC and MANTS FUNDNG, LLC. MCHAEL MARANO is an employer as defined by 29 U.S.C. 21, et seq. 1. At all times material to this action, Plaintiff was an employee of each Defendant, within the meaning of the FLSA. 2

3 Case 9:18cv81311DMM Document 1 Entered on FLSD Docket 9/26/218 Page 3 of This action is brought under the FLSA to recover from Defendants overtime compensation, liquidated damages, and reasonable attorneys fees and costs. This action is intended to include each and every employee mischaracterized as exempt performing duties similar to Plaintiff who worked for Defendants at any time within the past three (3) years within the State of Florida. 12. During Plaintiff s employment, Defendants CREST HLL CAPTAL, LLC and MANTS FUNDNG, LLC each grossed, earned more than $5,. per year in gross revenue. 13. During Plaintiff s employment with Defendants, Defendant, CREST HLL CAPTAL, LLC and MANTS FUNDNG, LLC each employed two or more employees who handled goods, materials and supplies which had travelled in interstate commerce. 14. Plaintiff brings this action for himself and all similarly situated employees of Defendant. Plaintiff s Notice of Consent to Join is attached hereto as Exhibit A. 15. Therefore, Defendants, CREST HLL CAPTAL, LLC and MANTS FUNDNG, LLC, are enterprises covered by the FLSA, and as defined by 29 U.S.C. 23(r) and 23(s). FLSA VOLATONS 16. Plaintiff was willfully mischaracterized as a nonexempt employee performing his duties for Defendants in Palm Beach County, Florida. 17. Plaintiff worked for Defendants in this capacity from approximately July 215 through February At all times relevant to this action, Defendants failed to comply with the FLSA by failing to pay Plaintiff and all similarly situated employees complete overtime compensation for overtime hours worked. 19. During his employment with Defendants, Plaintiff was paid a weekly salary. 3

4 Case 9:18cv81311DMM Document 1 Entered on FLSD Docket 9/26/218 Page 4 of 6 2. When Plaintiff worked overtime hours during any pay week, Plaintiff was only paid his regular salary with no additional compensation for the overtime hours worked. 21. Other similarly situated employees to Plaintiff were also paid identically. 22. These similarly situated employees were also only paid their regular salary with no additional compensation for the overtime hours worked. 23. Plaintiff and these similarly situated employees regularly worked overtime hours on behalf of Defendants. 24. Defendants have violated the FLSA by failing to pay Plaintiff and these similarly situated employees time and onehalf of their respective hourly rates for overtime hours worked. 25. The additional persons who may become plaintiffs in this action are employees who held similar positions to Plaintiff, and who worked in excess of forty (4) hours during one or more work weeks during the relevant time periods but who did not receive pay at one and onehalf times their regular rate for their hours worked in excess of forty (4) hours. 26. Upon information and belief, the records, to the extent any exist and are accurate, concerning the number of hours worked and amounts paid to Plaintiff and the similarly situated employees are in the possession and custody of Defendants. 27. Defendants actions were willful and/or showed reckless disregard for the provisions of the FLSA, as evidenced by their failure to compensate Plaintiff, and those similarly situated, at the statutory rate of one and onehalf times their regular rate of pay for the hours worked in excess of forty (4) hours per workweek, when they knew, or should have known, such was, and is, due. 28. n fact, Plaintiff and/or his coworkers complained to Defendants regarding its pay practices and was told that Defendants do not pay overtime compensation. 4

5 Case 9:18cv81311DMM Document 1 Entered on FLSD Docket 9/26/218 Page 5 of Defendants failed to properly disclose or apprise Plaintiff and those similarly situated to of their rights under the FLSA. 3. Defendants did not have a good faith basis for their decision to not pay an overtime rate of pay to Plaintiff and other similarly situated employees for their overtime hours worked. 31. As a result of Defendants intentional, willful and unlawful acts in refusing to pay complete overtime compensation to Plaintiff and those similarly situated employees, Plaintiff and those similarly situated employees have suffered damages and have incurred, and continue to incur, reasonable attorneys fees and costs. 32. As a result of Defendants lack of a good faith justification for their violation of the FLSA, Plaintiff and those similarly situated employees are entitled to liquidated damages. 33. n addition, because Defendants violation of the FLSA was willful, a threeyear statute of limitations is applicable to the claims at issue. 34. Plaintiff demands a trial by jury. WHEREFORE, Plaintiff, KOREY LUSTER, on behalf of themselves and those similarly situated, demands judgment against Defendants for unpaid overtime compensation, liquidated damages, reasonable attorneys fees and costs incurred in this action, a declaration that Defendants practices violate the FLSA, and any and all further relief that this Court determines to be just and appropriate. Dated this 26 th day of September, 218. Gary A. saacs, Esquire, of Counsel COHEN NORRS WOLMER RAY TELEPMAN COHEN Attorney for Plaintiff 712 U.S. Highway One, Suite 4 North Palm Beach, Florida 3341 Telephone: (561) gai@fcohenlaw.com /s/ Gary A. saacs, Esquire GARY A. SAACS, ESQURE Florida Bar No.:

6 Case 9:18cv81311DMM Document 1 Entered on FLSD Docket 9/26/218 Page 6 of 6 EXHBT "A"

7 Entered on FLSD Docket 9/26/218 CVL COVER SHEET Document 11 Case 9:18cv81311DMM JS 44 (Rev. 12/12) Page 1 of 1 The JS 44 civil cover sheet and the in forination contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by m,,se_xcept rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use ofthe Clerk of Court torthe of NSTRg the civil docket sheet. (SEE purpose initiating 77ONS Nhyr PAGE OF THS FORM) provided by local. l (a) PLANTFFS as DEFENDANTS KOREY LUSTER MCHAEL MARANO, CREST HLL CAPTAL, LLC and MANTS (b) County of Residence of First Listed Plaintiff FUNDNG, LLC County of Residence of First Listed Defendant Palm Beach (EXCEPT N US. PANTkh (WS) (N (a PLANTFF CASES SL) N LAND CONDEMNATON CASES. USE THE LOCATON OF THE TRACT OF LAND NVOLVED NOTE (C) Attorneys (him, Name. Acdrevs. aml Telephone Nunther) Attorneys (f Km. Jo Mitchell C Shapiro, Esquire Gary A. saacs, Esquire, Cohen Norris et al. (561) US Highway One, Suite 4, North Palm Beach, FL BASS OF JURSDCTON (Noce (in N U.S. Government O 1. CTZENSHP OF PRNCPAL PARTES (Place an "X m One Box for Moony' and One &vim Defendant) (For hvervny( 'avev Onlj) "X" in One Box DO) '' Federal Question 3 Plaintiff Citizen of This State (US. (;overnment Not a Party) PTF DEF X 1 DEF PTF ncorporated or Principal Place 4 X of Business n This State O 2 4 US Government Defendant Citizen of Another State Diversity (ndicate (7lizenship NATM 118 V V TORTS Marine Miller Act Negotiable nstrument Recovery of Overpayment & Enforcement ofjudgrnent (Excludes Veterans) Recovery of Overpayment of Veteran's Benefits Stockholders' Suits Other Contract Contract Product Liability Franchise O O O 13 Airplane Airplane Product Liability 34 Marine 345 Marine Product Liability 35 Motor Vehicle 355 Motor Vehicle Product Liability 36 Other Personal njury 362 Personal injury hledical Malpractice CVL RGHTS REAL PROPERTY 44 Other Civil Rights 441 Voting 442 Employment 443 Housing/ 21 Land Condemnation 22 Foreclosure 23 Rent Lease & Ejectment 24 Torts to Land 245 Tort Product Liability 29 All Other Real Property Subject of a Related Seizure Liability O 153 or FORFETURE/PENA LTY PERSONA L NJURY 32 Assault, Libel & Slander 33 Federal Employers' O 151 Medicare Act O 152 Recovery of Defaulted Student Loans ncorporated aml Principal Place 3 Foreign Nation Habeas Accommodations 445 Amer. w/disabilities Employment 446 Amer. w/disabilities Other 448 Education BANKRUPTCY OTHER STATUTES 375 False Claims Act Drug of Property 21 USC State Reapportionment 365 Personal njury 41 Antitrust 69 Other Product Liability 367 Health Care 43 Banks and Banking 45 Commerce PROPERTY RGHTS Pharmaceutical 46 Deportation Personal!Hint) 82 Copyrights 47 Racketeer nfluenced and Product Liability 83 Patent Asbestos Personal 84 Trademark Corrupt Organizations 48 Consumer Credit njury Product 49 Cable/Sat TV LA BOR SOCAL SECURTY Liability' 85 Securities/Commoditues/ PERSONAL PROPERTY X 71 Fair Labor Standards 861 HA (1395n) 37 Other Fraud 862 Black Lung (9231 Act Exchange 89 Other Statutory Actions 371 Truth in Lending 72 Labor/Management 863 DWC/DWW (45(g1) 891 Agricultural Acts 864 SSD Title XV Relations 38 Other Personal 893 Environmental Matters 74 Railway Labor Act 865 RS (45(g)) Property Damage 895 Freedom of nformation Family and Medical 385 Property Damage Act Product Liability Leave Act 896 Arbitration 79 Other Labor Litigation 791 Employee Retirement 899 Administrative Procedure PRSONER PETTONS FEDERAL TAX SUTS PERSONAL NJURY nsurance 2 Pzr CONTRA CT O 11 O 12 O 13 O 14 O 15 of Business n Another State Citizen 2 Parne.v in win ) ncome Corpus: 463 Alien Detainee 51 Motions to Vacate Sentence 53 General 535 Death Penalty Other: 54 Mandamus & Other 55 Civ il Rights 555 Prison Condition 56 Civil Detainee Conditions of Confinement Security' Act 422 Appeal 28 USC Withdrawal 28 USC Taxes (U.S. Plaintiff or Defendant) 871 RS Third Party 26 USC 769 Act/Review or Appeal of Agency Decision 95 Constitutionality of State Statutes MMGRATON 462 Naturalization Application 465 Other mmigration Actions V. ORGN (Place an X Original Proceeding "X in One Box Only) 2 Removed from State Court Remanded from 3 4 Reinstated Appellate Court Cite the U.S. Civil Statute under which you are V. REQUESTED N 1 COMPLANT: V. RELATED F ANV CASE(S) Multidistrict Litigation wiles% divasilo CHECK F THS S A CLASS ACTON UNDER RULE 23, F R.Cv.P. Wages ULALAN C3 (See instruction* SG only uecicciiiucu JURY DEMAND: DOCKET NUMBER JUDGE DATE 6 (specify) filing wit ma citejurivdiahnial statures FLSA 29 U.S.C. SECTON 21, ET. SEQ. V. CAUSE OF ACTON Brief description of cause. Fair Labor Standards Act Clairn for Unpaid 1 5 Transferred frorn Another District or Reopened RE T..EY OF REC D 8/26/215 RECEPT # AMOUNT APPLYNG 1FP JUDGE MAG JUDGE A Yes Aumpiams No

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