Case 1:17-cv-20584-JAL Document 1 Entered on FLSD Docket 02/15/2017 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION DANIEL RAMSAY, for himself and on behalf of others similarly situated, Plaintiff, CASE NO.: VS. KLOPP INVESTMENT CORP Foreign corporation d/b/a EASY RENTAL, a Defendant. COMPLAINT & DEMAND FOR JURY TRIAL Plaintiff, DANIEL RAMSEY ("Plaintiff"), for himself and on behalf of others similarly situated, files this Complaint against Defendant, KLOPP INVESTMENT CORP. d/b/a EASY RENTAL ("EASY") and states as follows: JURISDICTION 1. Jurisdiction in this Court is proper as the claims are brought pursuant to the Fair Labor Standards Act ("FLSA"), as amended 29 U.S.C. 201, et seq., to recover unpaid back wages, an additional equal amount as liquidated damages, and reasonable attorneys' fees and costs. 2. The jurisdiction of the Court over this controversy is proper pursuant U.S.C. 1331, as Plaintiff's claims arise under 29 U.S.C. 216(b). to 28 PARTIES 3. At all times material to this action, Plaintiff was, and continues to be a resident of Miami-Dade County, Florida. 4. At all times material to this action, Defendant EASY was, and continues to 1
Case 1:17-cv-20584-JAL Document 1 Entered on FLSD Docket 02/15/2017 Page 2 of 6 be, a Foreign Profit Corporation, registered to do business in Florida. Further, at all times material hereto, Defendant EASY was, and continues to be, engaged in business in Florida, doing business in inter alia, Miami-Dade County and Broward County, Florida. 5. At all times material to this action, Plaintiff was "engaged in commerce" within the meaning of 7 of the FLSA. 6. At all times material to this action, Plaintiff was an "employee" of Defendant within the meaning of the FLSA. 7. At all times material to this action, Defendant was Plaintiff's "employer" within the meaning of the FLSA. 8. Defendant was, and continues to be, an "employer" within the meaning of the FLSA. 9. At all times material to this action, Defendant EASY was, and continues to be, an "enterprise engaged in commerce" within the meaning of the FLSA. 10. Based upon information and belief, the annual gross revenue of Defendant was in excess of $500,000.00 per annum during the relevant time periods. 11. At all times material to this action, Defendant had two (2) or more employees handling, selling, or otherwise working on goods or materials that had been moved in or produced for commerce, such as computers, telephones, and furniture. 12. At all times material hereto, the work performed by the Plaintiff was directly essential to the business performed by Defendant. STATEMENT OF FACTS 13. Plaintiff worked for Defendant EASY from 2009 to August 2016 as a non-exempt hourly paid account manager. 2
Case 1:17-cv-20584-JAL Document 1 Entered on FLSD Docket 02/15/2017 Page 3 of 6 14. Plaintiff's job duties included, but were not limited to, providing in store service to customers, taking payments, and pick-up and delivery of merchandise. 15. At various times material hereto, Plaintiff worked for Defendant in excess of forty (40) hours within a workweek. 16. From 2009 to August 2016, Defendant failed to compensate Plaintiff and other account managers at a rate of one and one-half times each account manager's regular rate for all hours worked in excess of forty (40) hours in one or more workweeks. 17. Defendant's policies and practices that led to this failure to pay proper compensation, included, but were not limited to the payment of recorded overtime hours at straight-time (regular) rates, with no overtime premium. 18. Plaintiff and other account managers who opt-in to this action should be compensated at the rate of one and one-half times their regular rate of pay for all hours that these account managers worked in excess of forty (40) hours in one or more workweeks, as required by the FLSA. 19. Upon information and belief, the majority of Plaintiff's pay and time records are in the possession of Defendant. 20. Upon information and belief, the policies and practices described in paragraph 17 were/are equally applicable to all other non-exempt account managers employed by EASY. 21. The additional persons who may become plaintiffs in this action are other account managers employed by EASY who were denied proper overtime compensation for all overtime hours worked due to Defendant's illegal practices as described in 3
Case 1:17-cv-20584-JAL Document 1 Entered on FLSD Docket 02/15/2017 Page 4 of 6 paragraph 17 above. 22. Defendant has violated Title 29 U.S.C. 207 from at least 2009 to August 2016, in that: a. Plaintiff, and those similarly situated worked in excess of forty (40) hours in one or more workweeks for the period of employment with Defendant; and b. No payments or provisions for payment have been made by Defendant to properly compensate Plaintiff, and those similarly situated, at the statutory rate of one and one-half times Plaintiff's regular rate for all hours worked in excess of forty (40) hours per workweek, as required by the FLSA. 23. Defendant's failure and/or refusal to properly compensate Plaintiff and those similarly situated at the rates and amounts required by the FLSA was willful, as Defendant was aware of the hours Plaintiff worked, and paid overtime for certain hours, but refused to pay overtime for all overtime hours worked, even though they knew, or reasonably should have known, of the uncompensated overtime hours. 24. In addition, in 2010 or 2011, Plaintiff complained about not receiving proper overtime compensation, and Defendant issued Plaintiff a check for certain unpaid overtime compensation. However, subsequent to that payment, Defendant continued to fail to pay Plaintiff for all of his overtime hours at the statutory rate of one and one-half times Plaintiff's regular rate for all hours worked in excess of forty (40) hours per workweek, as required by the FLSA. 25. Defendant failed and/or refused to properly disclose or apprise Plaintiff 4
Case 1:17-cv-20584-JAL Document 1 Entered on FLSD Docket 02/15/2017 Page 5 of 6 of his rights under the FLSA. 26. Plaintiff has retained the law firm of MORGAN & MORGAN, P.A. to represent Plaintiff in the litigation and has agreed to pay the firm a reasonable fee for its services. COUNT I RECOVERY OF OVERTIME COMPENSATION 27. Plaintiff re-alleges paragraphs 1 through 26 of the Complaint, as if fully set forth herein. 28. From at least 2009 to August 2016, Plaintiff worked hours in excess of forty (40) hours in one or more workweeks for which Plaintiff was not compensated at the statutory rate of one and one-half times Plaintiff's regular rate of pay. 29. Plaintiff, was, and is, entitled to be paid at the statutory rate of one and one-half times Plaintiff's regular rate of pay for all hours worked in excess of forty (40) hours in a workweek for the three years preceding the date this Complaint is filed. 30. Defendant's actions were willful and/or showed reckless disregard for the provisions of the FLSA, as evidenced by its failure to compensate Plaintiff, and those similarly situated, at the statutory rate of one and one-half times Plaintiff's regular rate of pay for all hours worked in excess of forty (40) hours per workweek when it knew, or should have known, such was, and is, due. 31. Upon information and belief, other account managers who worked for Defendant in the three years preceding the filing of this Complaint were also not paid overtime in one or more workweeks during their employment pursuant to the same management practices, policies or plans applicable to Plaintiff, and described in this 5
Case 1:17-cv-20584-JAL Document 1 Entered on FLSD Docket 02/15/2017 Page 6 of 6 Complaint. 32. Due to the intentional, willful, and unlawful acts of Defendant, Plaintiff, and those similarly situated, suffered and continue to suffer damages and lost compensation for time worked over forty (40) hours in one or more workweeks, plus liquidated damages. 33. Plaintiff is entitled to an award of reasonable attorneys' fees and costs pursuant to 29 U.S.C. 216(b). WHEREFORE, Plaintiff, for himself and on behalf of others similarly situated, requests conditional certification pursuant to Section 216(b) of the FLSA, of a class of account managers who were subject to the unlawful practices described herein; an order permitting Notice to all potential class members; a Declaration that Defendant's policy violates the FLSA; entry of judgment in Plaintiff s favor and against Defendant for actual and liquidated damages, as well as costs, expenses and attorneys' fees and such other relief deemed proper by this Court. JURY DEMAND Plaintiff demands trial by jury on all issues so triable as a matter of right by jury. { A1 Dated this 1day of February, 2017. Angeli FL Bar No.: 08875, t MORGAN & MORGAN, P.A. 600 N. Pine Island Road, Suite 400 Plantation, FL 33324 Telephone: 954-318-0268 Facsimile: 954-327-3016 E-mail: Amurthy@forthepeople.com Trial Counsel for Plaintiff 6
JS 44 (Rev. 120ase 1:17-cv-20584-JAL DoccniErig-tcrAnATgEfaLlD Docket 02/15/2017 Page 1 of 1 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 ONNEXTPAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS KLOPP INVESTMENT CORP., a Foreign corporation d/b/a EASY RENTAL, (b) County of Residence of First Listed Plaintiff Miami-Dade County County ofresidence of First Listed Defendant Cobb County (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: (C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (IfKnown) Morgan & Morgan 600 N. Pine Island Road, Suite 400 Plantation, FL 33322 IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Boxfor Plaintiff (For Diversity Cases Only) and One Boxfor Defendant) O 1 U.S. Government M 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Par0) Citizen of This State 0 1 0 I Incorporated or Principal Place 0 4 0 4 ofbusiness In This State O 2 U.S. Government 0 4 Diversity Citizen ofanother State 0 2 0 2 Incorporated and Principal Place 0 5 0 5 Defendant (Indicate Citizenship of Parties in Item III) ofbusiness In Another State Citizen or Subject of a 0 3 0 3 Foreign Nation 0 6 0 6 Foreign Country IV. NATURE OF SUIT (Place an "X" in One Box Only) 1, ::--2.r.,,, XONTRAICTAU4V*, 31'70:0,ib -St:**0:1:, VORTS*&44'..5,PAlea4A,iZMANOIFORFEITTIRE/PENALTY 4,-.5KAIANKRUPTCYOZ.':::' ViMOTRERSTATUTES:4N I O 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 625 Drug Related Seizure 0 422 Appeal 28 USC 158 0 375 False Claims Act O 120 Marine 0 310 Airplane 0 365 Personal Injury of Property 21 USC 881 0 423 Withdrawal 0 400 State Reapportionment O 130 Miller Act 0 315 Airplane Product Product Liability 0 690 Other 28 USC 157 0 410 Antitrust O 140 Negotiable Instrument Liability 0 367 Health Care/ 0 430 Banks and Banking O 150 Recovery of Overpayment 0 320 Assault, Libel & Pharmaceutical PROPERTYRIGIITS0 450 Commerce & Enforcement ofjudgment Slander Personal Injury 0 820 Copyrights 0 460 Deportation O 151 Medicare Act 0 330 Federal Employers' Product Liability 0 830 Patent CI 470 Racketeer Influenced and O 152 Recovery of Defaulted Liability 0 368 Asbestos Personal CI 840 Trademark Corrupt Organizations Student Loans 0 340 Marine Injury Product 0 480 Consumer Credit (Excludes Veterans) 0 345 Marine Product Liability VU,A4S",a4,7ABORAWR,..V; :SOCIAVSEC(IRITY.-:::', 0 490 Cable/Sat TV O 153 Recovery of Overpayment Liability PERSONAL PROPERTY X 710 Fair Labor Standards 0 861 HIA (1395ft) 0 850 Securities/Commodities/ of Veteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud Act 0 862 Black Lung (923) Exchange O 160 Stockholders' Suits 0 355 Motor Vehicle 0 371 Truth in Lending 0 720 Labor/Management 0 863 DIWC/DIWW (405(g)) 0 890 Other Statutory Actions O 190 Other Contract Product Liability CI 380 Other Personal Relations 0 864 SSID Title XVI 0 891 Agricultural Acts O 195 Contract Product Liability 0 360 Other Personal Property Damage 0 740 Railway Labor Act 0 865 RSI (405(g)) 0 893 Environmental Matters O 196 Franchise Injury 0 385 Property Damage 0 751 Family and Medical 0 895 Freedom of Information 0 362 Personal Injury Product Liability Leave Act Act Medical Malpractice 0 790 Other Labor Litigation 0 896 Arbitration REAL'PRO'PERI-Vfa:?a*VaVILIRMIITSAS;%#-:7",ITRISONEWPETIIVW 0 791 Employee Retirement federaltax7suits, 0 899 Administrative Procedure O 210 Land Condemnation 0 440 Other Civil Rights Habeas Corpus: Income Security Act 0 870 Taxes (U.S. Plaintiff Act/Review or Appeal of CI 220 Foreclosure 0 441 Voting 0 463 Alien Detainee or Defendant) Agency Decision 0 230 Rent Lease & Ejectment 0 442 Employment 0 510 Motions to Vacate 0 871 IRS Third Party 0 950 Constitutionality of O 240 Torts to Land 0 443 Housing/ Sentence 26 USC 7609 State Statutes O 245 Tort Product Liability Accommodations 0 530 General 0 290 All Other Real Property 0 445 Amer. w/disabilities 0 535 Death Penalty VgAt424MN0GRATIO6IWW,; Employment Other: 0 462 Naturalization Application 0 446 Amer. w/disabilities 0 540 Mandamus & Other 0 465 Other Immigration Other 0 550 Civil Rights Actions 0 448 Education CI 555 Prison Condition 0 560 Civil Detainee Conditions of Confinement V. ORIGIN (Place an "X" in One Box Only) X 1 Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation (specify) Cite the U.S. Civil Statute under which you are filing (Do not citejurisdictional statutes unless diversity): 29 USC Section 201, 28 U.S.C. 1331 29 U.S.C. 216(b) VI. CAUSE OF ACTION 1Briefdescription of cause: VII. REQUESTED IN CI CHECK IF THIS IS A CLASS ACTION DEMAND CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: >II Yes CI No VIII. RELATED CASE(S) IF ANY (See instructions): JUDGE DOCKET NUMBER DATE a/a1 FOR OFFI/U2 ONLY SIOIATTVE OF yla...orney OF RECORD RECEIPT ti AMOUNT APPLYING JUDGE MAG. JUDGE
Case 1:17-cv-20584-JAL Document 1-2 Entered on FLSD Docket 02/15/2017 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Florida DANIEL RAMSAY, for himself and on behalf of others similarly situated, Plaintiff(s) V. Civil Action No. KLOPP INVESTMENT CORP., a Foreign corporation d/b/a EASY RENTAL, Defendant(s) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) KLOPP INVESTMENT CORPORATION d/b/a EASY RENTAL By Serving its Registered Agent Jeff Klopp 1640 Powers Ferry Road SE, Building 6m Suite 200 Marietta, GA 30067 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 ofthe 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: Angeli Murthy, Esquire MORGAN & MORGAN, P.A. 600 N. Pine Island Road, Suite 400 Plantation, FL 33324 Telephone: 954-318-0268 Facsimile: 954-327-3016 E-mail: Amurthy@forthepeople.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. CLERK OF COURT Date: Signature ofclerk or Deputy Clerk
Case 1:17-cv-20584-JAL Document 1-2 Entered on FLSD Docket 02/15/2017 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not befiled with the court unless required by Fed. R. Civ. P. 4 (1)) This summons for (name ofindividual and title, ifany) was received by me on (date) I personally served the summons on the individual at (place) on(date); or CI I left the sunmions 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 0 I served the summons on (name ofindividual), who is designated by law to accept service of process on behalf of (name oforganization) on(date); or 71 I returned the summons unexecutedbecause; or El Other (sped.6): My fees are for travel and for services, for a total of 0.00 I declare under penalty ofperjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc: