Case 0:18-cv UU Document 1 Entered on FLSD Docket 09/29/2018 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

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1 Case 0:18cv62324UU Document 1 Entered on FLSD Docket 09/29/2018 Page 1 of 4 Carlos Del Valle, on behalf of himself and similarly situated employees, v. Plaintiff, Native Sun Landscape Services, Inc. and Mario Esposito, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. Defendants. / OVERTIME PAY COLLECTIVE ACTION WITH REQUEST FOR JURY TRIAL INTRODUCTION 1. Plaintiff Carlos Del Valle alleges that Defendants failed to pay him and similarly situated employees all overtime pay owed from their employment. This collective action for overtime pay is brought under the Fair Labor Standards Act ( FLSA ), 29 U.S.C. 201 et seq. JURISDICTION AND VENUE 2. Defendants have transacted business in the Southern District of Florida, specifically in Broward County. 3. Most or all of the acts complained of herein occurred at Defendants offices in this District. 4. Therefore, this is a proper venue under 28 U.S.C. 1391(b). 5. This Court has federal question/ arising under jurisdiction under 28 U.S.C because this action arises under the laws of the United States of America, specifically the FLSA. 6. The conditions precedent to filing this action, if any, have been satisfied. 1

2 Case 0:18cv62324UU Document 1 Entered on FLSD Docket 09/29/2018 Page 2 of 4 PARTIES 7. Plaintiff is a person of the full age of majority and a resident of Broward County, Florida. 8. At all relevant times herein, Plaintiff and similarly situated employees were jointly employed by all Defendants. 9. Defendant Native Sun Landscape Services, Inc. ( Native Sun ) is an active Florida forprofit corporation, authorized to do business in Florida, and at all material times herein conducted business in Broward County, Florida. Its principal address is 5391 SW 58 Ave., Davie, FL At all material times herein, Native Sun operated a landscaping business in this District. 11. At all material times herein, Native Sun operated the business in which Plaintiff and similarly situated employees worked. 12. At all material times herein, Native Sun has been an enterprise engaged in commerce pursuant to the FLSA. It has directed the terms, conditions, activities, duties, and responsibilities of Plaintiff and similarly situated employees employment, and hence was their employer under the FLSA. 13. At all material times herein, Native Sun has had annual gross receipts exceeding $500,000 and has employed one or more employees engaged in commerce. 14. At all material times herein, Native Sun has acted directly or indirectly in the interest of Native Sun in relation to Plaintiff, and has directed its business activities, and hence is an employer under the FLSA. 15. At all relevant times herein, Defendant Mario Esposito has been an officer (specifically the President), director, and owner of Native Sun, and controlled the terms and conditions of Plaintiff and similarly situated employees employment. 16. All Defendants jointly operated and managed the business in which Plaintiff and similarly situated employees worked, and hence are employers or joint employers under the FLSA. FACTS 17. Mr. Del Valle worked for Defendants as a landscaper from approximately May of 2016 through May of During that time, he frequently worked overtime 2

3 Case 0:18cv62324UU Document 1 Entered on FLSD Docket 09/29/2018 Page 3 of 4 hours (over 40 per workweek) without receiving proper overtime compensation under the FLSA. 18. Mr. Del Valle hereby opts into this collective action pursuant to 29 U.S.C. 216(b) by filing the attached OptIn Consent [Exhibit A ]. 19. Similarly situated employees also worked as landscapers during the last three years, frequently worked overtime hours (over 40 per workweek), but also did not receive proper overtime compensation under the FLSA. COUNT 1 OF 1: OVERTIME PAY COLLECTIVE ACTION UNDER THE FAIR LABOR STANDARDS ACT, 29 U.S.C. 201 et seq. 20. Plaintiff realleges and reavers the allegations of paragraphs 119 as if fully set forth herein. 21. Pursuant to 29 U.S.C. 207, Defendants were required to pay Plaintiff and similarly situated employees overtime compensation for all hours over 40 in a workweek. 22. Plaintiff and similarly situated employees worked over 40 hours in one or more workweeks, without being paid all overtime pay to which they were entitled. 23. Defendants violations of the FLSA were reckless or intentional. 24. Plaintiff and similarly situated employees are entitled to a judgment in their favor and against all Defendants for all damages in the premises, and request that judgment be entered in their favor and against Defendants for all overtime pay, liquidated damages, prejudgment and postjudgment interest, costs and attorneys fees. 25. Plaintiff and similarly situated employees demand a jury trial for all issues so triable. Respectfully submitted: s/ Steven F. Grover Steven F. Grover (FL Bar ) For Steven F. Grover, PA 507 S.E. 11 Ct. Fort Lauderdale, FL

4 Case 0:18cv62324UU Document 1 Entered on FLSD Docket 09/29/2018 Page 4 of 4 Tel.: stevenfgrover@gmail.com Counsel for Plaintiff 4

5 ... Product _.. TORTS, 0 0 PROPERTY Case 0:18cv62324UU Document 11 Entered on FLSD Docket 09/29/2018 Page 1 of 1 JS 44 (Rev. 06/17) FLSD Revised 06/01/2017 CIVIL COVER SHEET 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 PA(;E OF MIS FORM) NOTICE: Attorneys MUST Indicate All Refiled Casts Below. I. (a) PLAINTIFFS DEEENDANTS CelALDS bfa.. Vr4 Vfr v6_ SvAl 1#14/11Scet15E (b) Ego County s, of Residence offirst Listed PlaintitT County of Residence of First Listed Defendant (EX(EPT IN US. PLAINTIFF CASES) (IN IJS. PI.AINUFF (ASES ONLY) 45 )4PIN NOTE. IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACTOF LAND INVOLVED. (C) Attorneys Om Name, Addres.s, and Telephone Number) Attorneys (IfKnown) r Giapv 4, PA Zeititustwe fz, 331/4 Tre...grett Rh se 1( (d) Check County Where Action Arose: 0 MIAMI DADE O MONROE XBROWARD D PALM BEACH El MARTIN D ST LUCIE D INDIAN RIVER D OKEECHOBEE o HIGHLANDS II. BASIS OF JURISDICTION (Place an "X" in one Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (PIace an "X" in One BoxJar Miaow (Far Thiersily (:ases Only) and One D BInfin.Defrndant) i U.S. Government Federal x Question PTF DEF PTF DEF Plaintiff (US. Government Nat a Party) Citizen ofthis State Incorporated or Principal Place of Business In This State fl 2 U.S. Government 0 4 Diversity Citizen ofanother State D 2 El 2 Incorporated and Principal Place D 5 D 5 Defendant (Indicate (ttezenship ofparties in Item 111) of Business In Another State Citizen or Subject ofa El 3 D 3 Foreign Nation 0 6 p 6 Foreign Country IV. NATURE OF SUIT (Mace an "X" in One Box Only) Click here for: Nature of Suit Code Descriptions CONTRACT FORFEITURE/PENALTY BANKRUPTCYOTHER STATUTES CI 110 Insurance PERSONAL INJURY PERSONAL INJURY Drug Related Seizure Appeal 28 USC False Claims Act EI 120 Marine Airplane Personal Injury ofproperty 21 USC Withdrawal Qui Tam (3 I USC ID 130 Miller Act Airplane Product Product Liability Other 28 USC D 140 (a)) Negotiable Instrument Liability El 367 Health Care/ State Recovery of Reapponionment Overpayment Assault, Libel & Pharmaceutical RIGHTS CI 410 Antitrust & Enforcement ofjudgment Slander Personal Injury Copyrights Banks 0 and 151 Medicare Act El 330 Federal Banking Employers' Product Liability Patent Commerce D 152 Recovery of Defaulted Liability Asbestos Personal 0 8D35 Patent Abbreviated New rug Application Deportation Student Loans D 340 Marine Injury Product Trademark Racketeer Influenced and (Excl. Veterans) Marine Product Liability LABOR. SOCIAL SECURITY Recovery of Corrupt Organizations Overpayment Liability PERSONAL PROPERTY X710 Fair Labor Standards H1A (1395 ff) D 480 Consumer Credit of Veteran's Benefits Motor Vehicle Other Fraud Act Black Lung (923) CableiSal TV Stockholder& Suits Motor Vehicle Truth in Lending Labor/Mgmt. Relations DI WC/DIWW (405(g)) Securities/Commodities/ 1:1 190 Other Contract Product Liability D 380 Other Personal Railway Labor Act SSID Title XVI D 195 Contract Product Exchange Liability Other Personal Properly Damage Family and Medical RSI (405(0) Other Statutory Actions Franchise Injury Property Damage Leave Act D 891 Agricultural Acts El 362 Personal lnjwy Liability Other Labor Litigation Environmental Matters Med. Malpractice El 791 Empl. Ret. Inc Freedom ofinformation REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS Act O 210 Land Condemnation Other Civil Rights Habeas Corpus: Taxes (U.S. Plaintiff Arbitration O 220 Foreclosure Voting Alien Detainee or Defendant) Administrative Procedure Rent Lease & Ejechnent 0 442Emri 510Motn ions to Vacate ployment 871 " IRS Third Party 26 Sentence '' US7609 C Act/Review or Appeal of O 240 Torts to Land in 443 '' Housing/. Accommodations Other: Agency Decision Ton Product Liability Amer. w/disabilities 530 General IMMIGRATION i 950 r" Constitutionality O 290 Statutes All Other Real Property Employment Death Penalty Naturalization Application Amer. w/disabilities 540 MaiuMmus & Other Other Immigration Other Civil Rights Actions ID 448 Education Prison Condition 560 Civil Detainee El Conditions of Confinement 44 ORIGIN (Place an "X" in One Box Only) 1 OrigMal 0 2 Removed 0 3 Refiled 0 4 Reinstated 0 5 Transferred from 0 6_ Multichstrict ID 7 Appeal to Proceeding from State (See YI or another district Litigation El 8 Multidistrict r19 Remanded from Court below) Reopened (specif.0 Transfer District Judge Litigation 11Appellate from Court Magistrate Direct Judgment File VI. RELATED/ (See instructions): a) Refiled Case DYESX NO b) Related Cases DYES ANO REFILED CASE(S) JUDGE: DOCKET NUMBER:,ite the U, S. Civil StattA under../piiholatifiligg. and Write a Brief Statement ofcause fda VirLaii!cWional statu(es unless diversity): VII. CAUSE OF ACTION riftk CoVilift Wrd9ffl fier, af eisc lel 1,04Q. 0 LENGTH OF TRIAL via 1 days estimated (for both sides to try entire case) Pr* VIII. REQUESTED IN CHECK IF MIS IS A CLASS D ACTION DEMAND $ CHECK YES only if demanded i COMPLAINT: UNDER F.R.C.P23 n ABOVE IIF0RMAT1ON IS TRUE & CORRECT TO THE BEST OF Y KNOWLEDGE DATE f f SIG R OF ATTORNEY OF RECORD of State Acpime complaint.. g ? FOR OFFICE usqconur RECE1PTII AMOUNT IFP JUDGE MAO JUDGE JURY DEMAND: X Yes El No

6 Case 0:18cv62324UU Document 12 Entered on FLSD Docket 09/29/2018 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Carlos Del Valle, on behalf of himself and similarly situated employees, Case No. Plaintiffs, v. Native Sun Landscape Services, Inc., et al Defendants. OPTIN CONSENT I, Lead Plaintiff Carlos Del Valle, pursuant to Section 216(b) of the Fair Labor Standards Act ("FLSA"), in an abundance of caution and through undersigned counsel, hereby opt wageandhour into the class/collective action that I initiated under the FLSA and the Florida Minimum Wage Act. I agree to perform all tasks typically required of a plaintiff/litigant and as a class representative, including answering discovery, attending my deposition, rnediations, and going to trial (if needed). Carlos Del Valle / Date Respectfully submitted: s/ Steven F. Grover DelValle.Consent,20 I 8 Steven F. Grover (FL Bar ) Steven F. Grover, PA 507 S.E. 11 Ct. Fort Lauderdale, FL Tel.: stevenfgroverkgmail.coni

7 ClassAction.org This complaint is part of ClassAction.org's searchable class action lawsuit database and can be found in this post: Native Sun Landscape Services Sued Over Allegedly Unpaid Overtime Wages