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Sara Vanegas versus Galante Group Corporation & Jeffery Galante & David Connell
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Sara Vanegas versus Galante Group Corporation & Jeffery Galante & David Connell

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This is a lawsuit between Sara Vanegas & Galante Group Corporation associated with Jeffery Galante and David Connell. Jeffery Galante and David Connell also own JG Tax Group a tax debt negotiation ...

This is a lawsuit between Sara Vanegas & Galante Group Corporation associated with Jeffery Galante and David Connell. Jeffery Galante and David Connell also own JG Tax Group a tax debt negotiation company.

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  • I was brought here by a link on a JG Tax Group complaint on Ripoff Report. I couldn't believe that a company as big as JG Tax Group would refuse to do something as fundamental as pay an employee their well-earned overtime, but these court docs don't lie. JG Tax Group should be ashamed of themselves, dragging this poor woman to federal court over $5K!
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    Sara Vanegas versus Galante Group Corporation & Jeffery Galante & David Connell Sara Vanegas versus Galante Group Corporation & Jeffery Galante & David Connell Document Transcript

    • C a s e 0 :1 0 -c v -6 0 8 4 1 -C M A Docum ent 1 En te re d on F L S D D o c k e t 0 5 /19 /2 0 10 P a g e 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION SARA VANEGAS, on her own behalf and all similarly situated individuals, Plaintiff, v. CASE NO.: GALANTE GROUP CORP., a Florida Corporation, JEFFREY GALANTE, individually, and DAVID CONNELL, individually, Defendants. _________________________________________ / COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, SARA VANEGAS (“Plaintiff’), on behalf of herself and other employees and former employees similarly situated, by and through undersigned counsel, files this Complaint against Defendants, GALANTE GROUP CORP. (“GALANTECORP”), JEFFREY GALANTE (“JGALANTE”), and DAVID CONNELL (“CONNELL”) (collectively “Defendants”) and states as follows: JURISDICTION 1. Jurisdiction in this Court is proper as the claims are brought pursuant to the Fair Labor Standards Act, as amended (29 U.S.C. §201, et seq., hereinafter called the “FLSA”) to recover unpaid back wages, an additional equal amount as liquidated damages, obtain declaratory relief, and reasonable attorney’s fees and costs. 2. The jurisdiction of the Court over this controversy is based upon 29 U.S.C. §216(b). PARTIES
    • C a s e 0 :1 0 -c v -6 0 8 4 1 -C M A Docum ent 1 En te re d on F L S D D o c k e t 0 5 /19 /2 0 10 P a g e 2 of 7 3. At all times material hereto, Plaintiff was, and continues to be a resident of Broward County, Florida. 4. At all times material hereto GALANTECORP was, and continues to be a Florida corporation. Further, at all times material hereto, GALANTECORP was, and continues to be, engaged in business in Florida, with a principle place of business in Broward County, Florida. 5. At all times relevant to this action, JGALANTE was an individual resident of the State of Florida, who owned and operated GALANTECORP, and who regularly exercised the authority to: (a) hire and fire employees of GALANTECORP; (b) determine the work schedules for the employees of GALANTECORP; and (c) control the finances and operations of GALANTECORP. By virtue of having regularly exercised that authority on behalf of GALANTECORP, JGALANTE is an employer as defined by 29 U.S.C. 201 et. seq. 6. At all times relevant to this action, CONNELL was an individual resident of the State of Florida, who operated GALANTECORP, and who regularly exercised the authority to: (a) hire and fire employees of GALANTECORP; (b) determine the work schedules for the employees of GALANTECORP; and (c) control the finances and operations of GALANTECORP. By virtue of having regularly exercised that authority on behalf of GALANTECORP, CONNELL is an employer as defined by 29 U.S.C. 201 et. seq. 7.At all times material hereto, Plaintiff was “engaged in commerce” within the meaning of §6 and §7 of the FLSA. 8. At all times material hereto, Plaintiff was an “employee” of Defendants within the meaning of FLSA. 9. At all times material hereto, Defendants were the “employers” within the meaning of FLSA. Page 2 of 7
    • C a s e 0 :1 0 -c v -6 0 8 4 1 -C M A Docum ent 1 En te re d on F L S D D o c k e t 0 5 /19 /2 0 10 P a g e 3 of 7 10. Defendants were, and continue to be, “employers” within the meaning of FLSA. 11. At all times material hereto, Defendants were, and continue to be, “enterprises engaged in commerce” within the meaning of FLSA. 12. At all times material hereto, Defendants were, and continue to be, enterprises engaged in the “production of goods for commerce” within the meaning of the FLSA. 13. Based upon information and belief, the annual gross revenue of Defendants was in excess of $500,000.00 per annum during the relevant time periods. 14. At all times material hereto, Defendants had two (2) or more employees handling, selling, or otherwise working on goods or materials that had been moved in or produced for commerce. 15. At all times hereto, Plaintiff was “engaged in commerce” and subject to individual coverage of the FLSA. 16. At all times hereto, Plaintiff was engaged in the “production of goods for commerce” and subject to the individual coverage of the FLSA. 17. The additional persons who may become plaintiffs in this action are/were non-exempt clerical employees for Defendants, who held similar positions to Plaintiff and who worked in excess of forty (40) hours during one or more work weeks during the relevant time periods but who did not receive pay at one and one-half times their regular rate for their hours worked in excess of forty (40) hours. 18. At all times material hereto, the work performed by the Plaintiff was directly essential to the business performed by Defendants. STATEMENT OF FACTS 19. On or about April 2009, Defendants hired Plaintiff to work as a non-exempt Page 3 o f 7
    • C a s e 0 :1 0 -c v -6 0 8 4 1 -C M A Docum ent 1 En te re d on F L S D D o c k e t 0 5 /19 /2 0 10 P a g e 4 of 7 clerical employee. 20. At various material times hereto, Plaintiff worked for Defendants in excess of forty (40) hours within a work week. 21. From at least April 2009 and continuing through May 2010, Defendants failed to compensate Plaintiff at rate of one and one-half times Plaintiffs regular rate for all hours worked in excess of forty (40) hours in a single work week. Plaintiff should be compensated at the rate of one and one-half times Plaintiffs regular rate for those hours that Plaintiff worked in excess of forty (40) hours per week as required by the FLSA. 22. Defendants have violated Title 29 U.S.C. §207 from April 2009 and continuing to date, in that: a. Plaintiff worked in excess of forty (40) hours per week for the period of employment with Defendants; b. No payments, and provisions for payment, have been made by Defendants to properly compensate Plaintiff at the statutory rate of one and one-half times Plaintiffs regular rate for those hours worked in excess of forty (40) hours per work week as provided by the FLSA; and c. Defendants have failed to maintain proper time records as mandated by the FLSA. 23. 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. COUNTI VIOLATION OF 29 U.S.C. §207 OVERTIME COMPENSATION 24. Plaintiff realleges and reavers paragraphs 1 through 23 of the Complaint as if fully Page 4 o f 7
    • C a s e 0 :1 0 -c v -6 0 8 4 1 -C M A Docum ent 1 En te re d on F L S D D o c k e t 0 5 /19 /2 0 10 P a g e 5 of 7 set forth herein. 25. From at least April 2009 and continuing through May 2010, Plaintiff worked in excess of the forty (40) hours per week for which Plaintiff was not compensated at the statutory rate of one and one-half times Plaintiffs regular rate of pay. 26. Plaintiff was, and is entitled to be paid at the statutory rate of one and one-half times Plaintiffs regular rate of pay for those hours worked in excess of forty (40) hours. 27. At all times material hereto, Defendants failed, and continue to fail, to maintain proper time records as mandated by the FLSA. 28. Defendants’ actions were willful and/or showed reckless disregard for the provisions of the FLSA as evidenced by its failure to compensate Plaintiff at the statutory rate of one and one-half times Plaintiffs regular rate of pay for the hours worked in excess of forty (40) hours per weeks when it knew, or should have known, such was, and is due. 29. Defendants have failed to properly disclose or apprise Plaintiff of Plaintiffs rights under the FLSA. 30. Due to the intentional, willful, and unlawful acts of Defendants, Plaintiff suffered and continues to suffer damages and lost compensation for time worked over forty (40) hours per week, plus liquidated damages. 31. Plaintiff is entitled to an award of reasonable attorney’s fees and costs pursuant to 29 U.S.C. §216(b). 32. At all times material hereto, Defendants failed to comply with Title 29 and United States Department of Labor Regulations, 29 C.F.R. §§516.2 and 516.4, with respect to those similarly situated to the named Plaintiff by virtue of the management policy, plan or decision that intentionally provided for the compensation of such employees at a rate of less than time and a Page 5 of 7
    • C a s e 0 :1 0 -c v -6 0 8 4 1 -C M A Docum ent 1 En te re d on F L S D D o c k e t 0 5 /19 /2 0 10 P a g e 6 of 7 half for overtime hours worked. 33. Based upon information and belief, the employees and former employees of Defendants similarly situated to Plaintiff were not paid proper overtime for hours worked in excess of forty (40) in one or more workweeks, because Defendants have failed to properly pay Plaintiff, and those similarly situated to him, proper overtime wages at time and a half their regular rate of pay for such hours. WHEREFORE, Plaintiff respectfully requests that judgment be entered in her favor against Defendants: a. Declaring, pursuant to 29 U.S.C. §§2201 and 2202, that the acts and practices complained of herein are in violation of the maximum hour provisions of the FLSA; b. Awarding Plaintiff overtime compensation in the amount due to him for Plaintiffs time worked in excess of forty (40) hours per work week; c. Awarding Plaintiff liquidated damages in an amount equal to the overtime award; d. Awarding Plaintiff reasonable attorney’s fees and costs and expenses of the litigation pursuant to 29 U.S.C. §216(b); e. Awarding Plaintiff pre-judgment interest; f. Issue an Order as soon as is practicable, authorizing Plaintiff to send Notice of the instant lawsuit to all similarly situated “Sales Clerks” employed by Defendants within the past 3 years; and g. Ordering any other further relief the Court deems just and proper. JURY DEMAND Page 6 of 7
    • C a s e 0 :1 0 -c v -6 0 8 4 1 -C M A Docum ent 1 En te re d on F L S D D o c k e t 0 5 /19 /2 0 10 P a g e 7 of 7 Plaintiff demands trial by jury on all issues so triable as a matter of right by jury. DATED this 19th day of May 2010. Respectfully submitted, MORGAN & MORGAN, P.A. 6824 Griffin Road Davie, FI. 33314 Tel: 954-318-0268 Fax: 954-333-3515 E-mail: AFrisch@forthepeoDle.com Trial Counsel for Plaintiffs FL Bar No.: 21111 Page 7 of 7
    • 44 (Rev. 2/08) CIVIL COVER SHEET I. (a) PLAINTIFFS J M & ) y f t w e f c f t s h & rcu on DEFENDANTS 6 > A L f t t f t E MxUJ? COd?. , O. b e h a ir c iU X i m i l a r l u a J t a v * tO W teU ., •md(«duA) l y u qw J d V A UCounty of Residence of First Listed Plaintiff (b) S County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASHS) (IN U.S. PLAINTIFF CASES ONLY) (c ) Attorney’s (Firm Name, Address, and Telephone Number) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT LAND INVOLVED.Morgan & Morgan Telephone: 954-318-02686824 Griffin Road Attorneys (If Known)Davie, FL 33314 (d) Check County Where Action Arose: 3 m ia m i- d a d e o m o n ro e 1 ’ b ro w a rd □ p a lm b e a c h d m a rtin d s t . lu c ie a In d ia n r i v e r □ okeechobee HIGHLANDS II. BASIS OF JURISDICTION (Place an M in One Box Only) X" III. CITIZENSHIP OF PRINCIPAL P ARTlES(Place an X in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) □ 1 U.S. Government ^3 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State □ 1 O 1 Incorporated o r Principal Place □ 4 □ 4 of Business In This State 2 U.S. Government O 4 Diversity Citizen of Another State a 2 □ 2 Incorporated a n d Principal Place □ 5 □ 5 Defendant o f Business In Another State (Indicate Citizenship o f Parties in Item III) Citizen or Subject of a a 3 3 3 Foreign Nation □ 6 □ 6 Foreign Country LV. NATURE OF SUIT •C O N T R A C T :x;:BANK-RUPTCY:^ ^ OTHER STA TU TES □ 110 Insurance PERSO N A L INJURY PERSO N A L INJURY 610 Agriculture 422 Appeal 28 USC 158 H 400 State Reapportionment □ 120 M arine 0 310 Airplane □ 362 Personal Injury - 620 Other Food & Drug 423 Withdrawal □ 410 Antitrust □ 130 Miller Act □ 315 Airplane Product Med, Malpractice 625 Drug Related Seizure 28 USC 157 □ 430 Banks and Banking □ 140 Negotiable Instrument Liability 0 365 Personal Injury - of Property 21 USC 881 □ 450 Commerce □ 150 Recovery of Overpayment □ 320 A ssa u lt, L ibel & Product Liability 630 Liquor Laws P R O P E R T Y R IG H T S □ 460 Deportation & Enforcement of Judgment S lander □ 368 Asbestos Personal 640 R.R. & Truck 820 Copyrights □ 470 Racketeer Influenced and O 151 Medicare Act □ 330 Federal Employers’ Injury Product 650 Airline Regs. 830 Patent Corrupt Organizations □ 152 Recovery of Defaulted Liability Liability 660 Occupational 840 Trademark □ 480 Consumer Credit Student Loans □ 340 Marine PERSO N A L PR O P E R T Y Safety/Health □ 490 Cable/Sat TV (Excl. Veterans) D 345 Marine Product □ 370 Other Fraud 690 Other □ 810 Selective Servicc □ 153 Recovery of Overpayment Liability □ 371 Truth in Lending *v*B O R □ 850 Securities/Commodities/ o f Veteran’s Benefits □ 350 Motor Vehicle □ 380 Other Personal 710 Fair Labor Standards 3 861 H1A (1395ff) Exchange O 160 Stockholders’ Suits □ 355 Motor Vehicle Properly Damage Act □ 862 Black Lung (923) 875 Customer Challenge □ 190 Other Contract Product Liability □ 38 5 Property Damage □ 720 Labor/M gmt. Relations O 863 DIWC/DIWW (405(g)) 12 USC 3410 □ 195 Contract Product Liability □ 360 Other Personal Product Liability n 730 Labor/M gmt, Reporting □ 864 SSID Title XVI 890 Other Statutory Actions □ 196 Franchise_______ Injury & Disclosure Act □ 865 RSI (405(g)) 891 Agricultural Acts RE A L PR O PER TY PRISO N ER P ETIT IO N S □ 740 Railway Labor Act F E D E R A L TAX SUITS 892 Economic Stabilization Act □ 210 Land Condemnation □ 441 Voting O 510 Motions to Vacate □ 790 Other Labor Litigation 870 Taxes (U.S. Plaintiff 893 Environmental Matters O 220 Foreclosure D 442 Employment Sentence □ 791 Etnpl. Ret. Inc. Sccuritj or Defendant) 894 Energy Allocation Act O 230 Rent Lease & Ejectment , D 443 Housing/ Habeas C orpus: Act 87! IRS— Third Party Accommodations 895 Freedom oflnformalion Act 3 240 Torts to Land D 530 General 26 USC 7609 □ 245 Tort Product Liability □ 444 Welfare O 535 Death Penalty 3“ JiM M ir.R .A T iniV ,. D 900 Appeal oTFee Determination _ 445 Amer, w/Disabilitics 462 Naturalization Under Equal Access to Justice O 290 All Other Real Properly O 540 Mandamus & Other Employment Application 446 Amer. w/Disabilitics 463 Habeas Corpus-Alien □ 550 Civil Rights Detainee U Other 465 Other Immigration p. 950 Constitutionality of State □ 440 Other Civil Rights □ 555 Prison Condition Actions Statutes V. ORIGIN (Place an “X" in One Box Only) Appeal to District tQ 1 Original fj 2 Removed from □ 3 Re-filed- Judge from □ 4 Reinstated or □ 5 Jnothe?dfefcfo" □ 6 Multidistrict 0 7 Magistrate Proceeding State Court (see VI below) Reopened (specify) Litigation Judgment a) Re-filed Case □ YES ONO b) Related Cases 0 YES d NO VI. RELATED/RE-FILED (See instructions CASE(S). second page): JUDGE DOCKET NUMBER 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): VII. CAUSE OF ACTION 29 U.S.C. ^ 216(b) Action for unpaid wages LENGTH OF TRIAL via days estimated (for both sides to try entire case) VIII. REQUESTED IN O CHECK IF THIS IS A CLASS A O ID N DEMANDS . CHECK YES only if demanded in complaint: COMPLAINT: UNDER F.R.C.P. 23 |^fvK J l k[ ATTH 1 TlME S JURY DEMAND; 0 Yes O No ABOVE INFORMATION IS TRUE & CORRECT TO SIGNATURE ( THE BEST OF MY KNOWLEDGE ~/Q FOR O F F IC E USE ONLY AMOUNT R EC E IPT # IFP
    • C a s e 0 .10 -C V -6 0 8 4 1-C M A D o c u m e n t 1-2 En te re d on F L S D D o c k e t 05/19/2010 P a g e 1 Of 1 NOTICE Off CONSENT TO JOIN Pursuant to 29 U.S.C § 216(b), 1,i nsent to become a party plaintiff in this action. 5 1" aifc DAIE
    • C a s e 0 :1 0 - c v - 6 0 8 4 1 - C M A Docum ent 3 E n te re d on F L S D D o c k e t 0 5 /19 /2 0 10 P a g e 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION SARA VANEGAS, on her own behalf and all similarly situated individuals, Plaintiff, SUMMONS IN A CIVIL CASE CASE NO.: 10-60841 -CIV-ALTONAGA/BROWN GALANTE GROUP CORP. a Florida Profit Corporation, JEFFREY GALANTE, individually, and DAVID CONNEL, individually, Defendants. TO: GALANTE GROUP CORP., d/b/a JG TAX GROUP CO. Jeffrey Galante, Registered Agent 1430 South Federal Highway, Suite 301 Deerfield Beach, FI 33441 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 plaintiffs attorney, whose name and address are:: ANDREW FRISCH, ESQ. MORGAN & MORGAN, P.A. 6824 Griffin Road Davie, FL 33314 (954) 318-0268 (954) 333-3515 (facsimile) afrisch@fortheDeonle.com If you fail to do so, 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. MAY 19, 2010 DATE Deputy Clerk Steven M. Lari more LT.S. District Courts Clerk of Court
    • Case 0:10-cv-60841-CMA Document 3 Entered on FLSD Docket 05/19/2010 Page 2 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION SARA VANEGAS, on her own behalf and all similarly situated individuals, Plaintiff, SUMMONS IN A CIVIL CASE v. CASE NO.: 10-60841-CIV-ALTONAGA/BROWN GALANTE GROUP CORP. a Florida Profit Corporation, JEFFREY GALANTE, individually, and DAVID CONNEL, individually, Defendants. / TO: JEFFREY GALANTE 1430 South Federal Highway, Suite 301 Deerfield Beach, FI 33441 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 plaintiffs attorney, whose name and address are:: ANDREW FRISCH, ESQ. MORGAN & MORGAN, P.A. 6824 Griffin Road Davie, FL 33314 (954) 318-0268 (954) 333-3515 (facsimile) afrisch@fortheneople.com If you fail to do so, 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. MAY 19, 2010 DATE SUMMONS s Jose Conway Deputy Clerk Steven VI. Lari more U.S. District Courts Clerk of Court
    • C a s e 0 :1 0 - c v - 6 0 8 4 1 - C M A Docum ent 3 E n te re d on F L S D D o c k e t 0 5 /19 /2 0 10 P a g e 3 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION SARA VANEGAS, on her own behalf and all similarly situated individuals, Plaintiff, SUMMONS IN A CIVIL CASE v. CASE NO.: 10-60841-CIV-ALTONAGA/BROWN GALANTE GROUP CORP. a Florida Profit Corporation, JEFFREY GALANTE, individually, and DAVID CONNEL, individually, Defendants. / TO: DAVID CONNELL, individually 3920 NE 31st Avenue Lighthouse Point, Fi 33064 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 plaintiffs attorney, whose name and address are:: ANDREW FRISCH, ESQ. MORGAN & MORGAN, P.A. 6824 Griffin Road Davie, FL 33314 (954)318-0268 (954) 333-3515 (facsimile) afrisch@forthepeople.coin If you fail to do so, 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. MAY 19, 2010 DATE SUMMONS s/Jose Conway Deputy Clerk Steven M. Larimore U.S. District Courts Clerk of Court
    • C a s e 0 :1 0 -c v -6 0 8 4 1 -C M A Docum ent 1 1 En te re d on F L S D D o c k e t 0 7/0 9 /2 0 10 Page l o t 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION SARA VANEGAS, on her own behalf and all similarly situated individuals, Plaintiff, v. CASE NO.: 0:10-cv-60841-CMA GALANTE GROUP CORP., a Florida Corporation, JEFFREY GALANTE, individually, and DAVID CONNELL, individually, Defendants. STIPULATION FOR ENTRY OF ORDER OF DISMISSAL WITH PREJUDICE Pursuant to Rule 41 of the Federal Rules of Civil Procedure, the parties jointly file this Stipulation for Entry of Order of Dismissal with Prejudice of Plaintiffs claims in the above referenced matter. Attached hereto as “Exhibit A” is the fully executed copies of the Settlement Agreement. Plaintiffs claims were resolved in full without compromise and thus, judicial review and approval of the settlement agreements is not required under Lynn Foods. A proposed form of Order of Dismissal with Prejudice also is submitted herewith. Respectfully submitted this 9th day of July, 2010. MORGAN & MORGAN, P.A. SAM C. CALIENDO, P.A. 6824 Griffin Road Po Box 50041 Davie, Florida 33314 Lighthouse Point, FL 33074 Telephone: 954-318-0268 Tel: (954) 418-8711 Facsimile: 954-333-3515 E-Mail: CaliendoLawyer@aol.com E-mail: AFrisch@forthepeople.com Counsel for Defendant Counsel for Plaintiff /s/ANDREW FRISCH /s/ SAM C. CALIENDO Andrew Frisch, Esq. Sam C. Caliendo, Esquire FI. Bar Number 27777 FLBar No.: 110518
    • C a s e 0 :1 0 -c v -6 0 8 4 1 -C M A Docum ent 1 1 En te re d on F L S D D o c k e t 0 7/0 9 /2 0 10 P a g e 2 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION SARA VANEGAS, on her own behalf and all similarly situated individuals, Plaintiff, v. CASE NO.: 0:10-cv-60841-CMA GALANTE GROUP CORP., a Florida Corporation, JEFFREY GALANTE, individually, and DAVID CONNELL, individually, Defendants. __________________________________________ / PROPOSED FINAL ORDER OF DISMISSAL WITH PREJUDICE THIS CAUSE having come before this Court upon the foregoing Stipulation for Entry of Order of Dismissal with Prejudice, and this Court being fully advised in the premises, it is hereupon: ORDERED AND ADJUDGED that the above cause is hereby dismissed with prejudice. DONE AND ORDERED in Chambers, at Fort Lauderdale, Broward County, Florida this_____day o f________ 2010. U.S. DISTRICT COURT JUDGE 2
    • C a s e 0 :1 0 -c v -6 0 8 4 1 -C M A Docum ent 1 1 - 1 En te re d on F L S D D o c k e t 0 7/0 9 /2 0 10 P a g e 1 of 4 Exhibit A
    • C a s e 0 :1 0 -c v -6 0 8 4 1 -C M A Docum ent 1 1 - 1 En te re d on F L S D D o c k e t 0 7/0 9 /2 0 10 P a g e 2 of 4 SETTLEMENT AGREEMENT AND AND RELEASE OF WAGE AND HOUR CLAIMS 1. This Agreement covers all understandings between SARA VANEGAS (hereinafter referred to as “Plaintiff’ a term which includes Plaintiffs successors, beneficiaries, personal representatives, and heirs) and GALANTE GROUP CORP., JEFFREY GALANTE and DAVID CONNELL (hereinafter referred to as "Defendants" term which includes each and every officer, director, employee, agent, parent corporation or subsidiary, affiliate or division, its successors, assigns, beneficiaries, servants, legal representatives, insurers and heirs). 2. For and in consideration of the promises outlined in Paragraph 3 of this Agreement, Plaintiff agrees as follows: A. To settle any and all claims and actions of any nature whatsoever between Plaintiff and Defendants, as related to the transactions or matters which are the subject matter of the lawsuit CASE NO.: 10-60841-CIV-ALTONAGA/Bi:own pending in the United States District Court for the Southern District of Florida. B. To agree and acknowledge that this settlement is the compromise of a disputed claim and does not constitute an admission by Defendants of any violation of any federal, state, or local statute or regulation, or any violation of any of Plaintiffs rights or of any duty owed by Defendants to Plaintiff. C. That the below-referenced amount paid by Defendants represents a sum to which Plaintiff would not be entitled absent this Agreement. 3. For and in consideration of the promises made by Plaintiff in Paragraph 2 of this Agreement, Defendants agree to pay Plaintiff and Plaintiffs counsel, Morgan & Morgan, P. A., the total consideration of $4,958.00 within 10 days of the endorsement of this agreement by Plaintiff. The above amounts shall be made payable in three checks as follows: (1) $729.00 to “SARA VANEGAS,” as unpaid wages; (2) $729.00 to “SARA VANEGAS,” as liquidated damages; and (3) $3,500.00 to “MORGAN & MORGAN, P.A.,” for reasonable attorneys* fees and costs to date. Plaintiff specifically is aware of, and agrees with, the amount o f attorneys’fees and costs to be paid to his counselfor representing his interests in this matter 4. Defendants agree not to disclose the existence or contents of this Agreement to any prospecti ve employer of Plaintiff. 5. In the event that Plaintiff or Defendants commence an action for damages, injunctive relief, and/or to enforce the provisions of the Agreement, the prevailing party in any such action shall be entitled to an award of its reasonable attorneys fees and all costs including appellate fees and costs, incurred in connection therewith as determined by the court in any such action. 1
    • C a s e 0 :1 0 -c v -6 0 8 4 1 -C M A Docum ent 1 1 - 1 En te re d on F L S D D o c k e t 0 7/0 9 /2 0 10 P a g e 3 of 4 .6. Plaintiff and Defendants agree that this Settlement Agreement is entered into knowingly and voluntarily, after having the opportunity to fully discuss it with an attorney. Having had the opportunity to obtain the advice of legal counsel to review, comment upon, and redraft the agreement, the parties agree that the Agreement shall be construed as if the parties jointly prepared it so that any uncertainty or ambiguity shall not be interpreted against any one paity and in favor of the other. 7. This Agreement supersedes all prior agreements and understandings between Plaintiff and Defendants. No cancellation, modification, amendment, deletion, addition, or other changes in this Agreement or any provision hereof or any right herein provided shall be effective for any purpose unless specifically set forth in a subsequent written agreement signed by both Plaintiff and an authorized representative of Defendants. 8. Nothing in this agreement shall be construed to be a waiver of Plaintiffs rights pertaining to her case, currently filed in State Court, or any claims related to her allegations of assault, battery, or sexual harassment/discrimination against the Defendants herein. 9. Should any provision of this Agreement be declared or determined by any court of competent jurisdiction to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement and all other valid provisions shall survive and continue to bind the parties. 10. The law governing this Agreement shall be that of the United States and the State of Florida. The United States District Court for the Southern District of Florida shall retain jurisdiction to enforce the terms of this Settlement Agreement. DATE:_________ Signature: SARA VANEGAS D A T E :^ il2 l^ Signature: < T V J? By: GALANTE GROUP CORP. DATE: (.Inli" JO Signature:Q ______ Z l JEFFREY GALANTE DATE: 4 - / ? / & Signature: 2
    • C a s e 0 :1 0 - c v - 6 0 8 4 1 - C M A Docum ent 1 1 - 1 En te re d on F L S D D o c k e t 0 7/0 9 /2 0 10 P a g e 4 of 4 6. Plaintiff and Defendants agree that this Settlement Agreement is entered into knowingly and voluntarily, after having the opportunity to fully discuss it with an attorney. Having had the opportunity to obtain the advice of legal counsel to review, comment upon, and redraft the agreement, the parties agree that the Agreement shall be construed as if the parties jointly prepared it so that any uncertainty or ambiguity shall not be interpreted against any one party and in favor of the other. 7. This Agreement supersedes all prior agreements and understandings between Plaintiff and Defendants. No cancellation, modification, amendment, deletion, addition, or other changes in thus Agreement or any provision hereof or any right herein provided shall be effective for any purpose unless specifically set forth in a subsequent written agreement signed by both Plaintiff and an authorized representative of Defendants. 8. Nothing in this agreement shall be construed to be a waiver of Plaintiffs rights pertaining to her case, currently filed in State Court, or any claims related to her allegations of assault, battery, or sexual harassment/discrimination against the Defendants herein. 9. Should any provision of this Agreement be declared or determined by any court of competent jurisdiction to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement and all other valid provisions shall survive and continue to bind the parties. 10. The law governing this Agreement shall be that of the United States and the State of Florida. The United States District Court for the Southern District of Florida shall retain jurisdiction to enforce the terms of this Settlemei Signature: DATE: Signature: By: GALANTE GROUP CORP. DATE: Signature: JEFFREY GALANTE DATE: Signature: DAVID CONNELL 2
    • C a s e 0 :1 0 - c v - 6 0 8 4 1 - C M A Docum ent 4 E n te re d on F L S D D o c k e t 0 5 /20/2010 P a g e 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 10-60841-CIV-ALTONAGA/Brown SARA VANEGAS, Plaintiff, vs. GALANTE GROUP CORP., et al., Defendants. NOTICE OF COURT PRACTICE IN FLSA CASES THIS CAUSE came before the Court upon a sua sponte examination of the record. The Court notes that this is a Fair Labor Standards Act case in which the Plaintiff seeks unpaid wages. In order to assist the Court in the management of the case, the Plaintiff shall file a statement of claim setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty days from the date below. Plaintiff shall promptly serve a copy of this notice and the statement on Defendants’ counsel when counsel for the Defendants first appears in the case or at the time of filing if Defendants’ counsel has already appeared in the case. Defendants shall file a response within fifteen days of receiving service of Plaintiffs statement. DONE AND ORDERED in Chambers at Miami, Florida, this 20th day of May, 2010. CECILIA M. ALTONAGA UNITED STATES DISTRICT JUDGE
    • Case 0:10-cv-60841-CMA Document 5 Entered on FLS D Docket 06/08/2010 Page 1 of 2 RETURN OF SERVICEState of FLORIDA County of United States District Court CourtCase Number: 10 60841 CIV xPlaintiff:SARA VANEGAS, ON HER OWN BEHALF AND ALL SIMILARLYSITUATED INDIVIDUALS,Defendant:GALANTE GROUP CORP., A FLORIDA CORPORATION, JEFFREYGALANTE, INDIVIDUALLY, AND DAVID CONNELL, INDIVIDUALLY,Andrew FrischMORGAN & MORGAN, P.A.6824 Griffin RoadSuite 3Ft. Lauderdale, FL 33314Received by Gissen & Zawyer Process Service, Inc. on the 21st day of May, 2010 at 2:31 pm to be served onGALANTE GROUP CORP, D/B/A JG TAX GROUP CO JEFFREY GALANTE, 1430 S FEDERAL HWY, STE 301,DEERFIELD BEACH, FL 33441.I, DONNA JONES, do hereby affirm that on the 24th day of May, 2010 at 3:01 pm, I:Served the within named CORPORATION by delivering a true copy of the SUMMONS IN A CIVIL CASE,COMPLAINT, NOTICE OF CONSENT TO JOIN with the date and hour of service endorsed thereon by me toJEFFREY GALANTE as Registered Agent of the within named corporation, in compliance with state statutes,I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server or anAppointed Process Server in good standing in the judicial circuit in which the process was served, Under Penalty ofPerjury I declare that I have read the foregoing Return of Service and that the facts stated in it are true and correct.Notary not required pursuant to F.S. 92.525. Gissen & Zawyer Process Service, Inc. 1550 Biscayne Blvd Suite 200 Miami, FL 33132 (305)371-4664 Our Job Serial Number: 2010064697 Copyright© 1992“2010 Database Services, Inc. - Process Servers Toolbox V6 4a
    • C a s e 0 :1 0 -c v -6 0 8 4 1 -C M A Docum ent 5 E n t e r e d on F L S D D o c k e t 0 6 /0 8 /2 0 10 P a g e 2 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION | SARA VANEGAS, on her own behalf and all similarly situated individuals, ‘y - - r f ‘. / w * - ; f~ Cibs .Cjhiie 7 Oy Plaintiff, SUMMONS IN A CIVIL CASE ; V. CASE NO.: 10-60841-CIV-ALTONAGA/BROWhi GALANTE GROUP CORP. a Florida Profit Corporation, JEFFREY GALANTE, individually, and DAVID CONNEL, individually, Defendants. TO: GALANTE GROUP CORP., d/b/a JG TAX GROUP CO. Jeffrey Galante, Registered Agent 1430 South Federal Highway, Suite 301 Deerfield Beach, FI 33441 A lawsuit has been filed against you. Within 21 days after service o f 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 o f Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are:: ANDREW FRISCH, ESQ. MORGAN & MORGAN, P.A. 6824 Griffin Road Davie, FL 33314 (954) 318-0268 (954) 333-3515 (facsimile) aMseh@fo r then eonie. com If you fail to do so, 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. MAY 19, 2010 DATE SIMMONS s/Jose Conway Deputy Clerk Steven VI. Larimore U.S. District Courts Clerk of Court
    • Case 0:10-cv-60841-CMA Document 6 Entered on FLS D Docket 06/08/2010 Page 1 of 2 RETURN OF SERVICEState of FLORIDA County of United States District Court CourtCase Number: 10 60841 CIVPlaintiff:SARA VANEGAS, ON HER OWN BEHALF AND ALL SIMILARLYSITUATED INDIVIDUALS,Defendant:GALANTE GROUP CORP., A FLORIDA CORPORATION, JEFFREYGALANTE, INDIVIDUALLY, AND DAVID CONNELL, INDIVIDUALLY,For:Andrew FrischMORGAN & MORGAN, P.A,6824 Griffin RoadSuite 3Ft. Lauderdale, FL 33314Received by Gissen & Zawyer Process Service, Inc. on the 21st day of May, 2010 at 2:31 pm to be served onJEFFREY GALANTE, 1430 S FEDERAL HWY, STE 301, DEERFIELD BEACH, FL 33441.I, DONNA JONES, do hereby affirm that on the 24th day of May, 2010 at 3:01 pm, i:Individually Served the within named person with a true copy of the SUMMONS IN A CIVIL CASE,COMPLAINT, NOTICE OF CONSENT TO JOIN with the date and hour endorsed thereon by me, pursuant tostate statutes.I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server or anAppointed Process Server in good standing in the judicial circuit in which the process was served. Under Penalty ofPerjury I declare that I have read the foregoing Return of Service and that the facts stated in it are true and correct.Notary not required pursuant to F.S. 92.525. Gissen & Zawyer Process Service, Inc. 1550 Biscayne Blvd Suite 200 Miami, FL 33132 (305) 371-4664 Our Job Serial Number: 2010064695 Copyright© 1992-2010 Database Services, Inc. - Process Servers Toolbox V6.4a
    • Case 0:10-cv-60841-CMA Document 6 Entered on FLS D Docket 06/08/2010 Page 2 of 2V UNITED STATES^&ISTRiCT COURT SOUTHERN DISTRICT OF FLORIDA / FORT LAUDERDALE DIVISION ^ SARA VANEGAS, on her own behalf and a ll; o (^ similarly situated individuals, ^ Plamtlff; SUMMONS IN A CIVIL CASE CASE NO.: 10-60841 -CIV-ALTONAGA/BROWN v. ■ (j..io / fm gJlg ^ . GALANTE GROUP CORP. a Florida Profit Corporation, JEFFREY GALANTE, individually, ^ i and DAVID CONNEL, individually, 7 Defendants. TO; JEFFREY GALANTE _ 1430 South Federal Highway, Suite 301 Deerfield Beach, FI 33441 A lawsuit has been filed against you. 60 days if you ar __ mugt serve on ^ plaintiff an United States described m Fed. R. Civ. r . 12 W . ) i * Federal Rules of Civil on the plaintiff or plaintiffs attorney, whose name and address are:: ANDREW FRISCH, ESQ. MORGAN & MORGAN, P.A. 6824 Griffin Road Davie, FL 33314 (954) 3X8-0268 (954) 333-3515 (facsimile) aft-Scrii @fn rtheneonl e. com If you fail to do so, 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. MAY 19, 2010 DATE SIMMONS s / J o s € Conwa> Deputy Clerk Steven M. Lanmore u s _District Comts Clerk of Court
    • Case 0:10-cv-60841-CMA Document 7 Entered on FLS D Docket 06/08/2010 Page 1 of 2 RETURN OF SERVICEState of FLORIDA County of United States District Court CourtCase Number: 10 60841 CIVPlaintiff:SARA VANEGAS, ON HER OWN BEHALF AND ALL SIMILARLYSITUATED INDIVIDUALS,Defendant:GALANTE GROUP CORP., A FLORIDA CORPORATION, JEFFREYGALANTE, INDIVIDUALLY, AND DAVID CONNELL, INDIVIDUALLY,Andrew FrischMORGAN & MORGAN, P.A.6824 Griffin RoadSuite 3Ft. Lauderdale, FL 33314Received by Gissen & Zawyer Process Service, inc. on the 21st day of May, 2010 at 2:31 pm to be served onDAVID CONNELL, 3920 NE 31 AVE., LIGHTHOUSE POINT, FL 33064.I, DONNA JONES, do hereby affirm that on the 26th day of May, 2010 at 11:24 am, I:Individually Served the within named person with a true copy of the SUMMONS IN A CIVIL CASE,COMPLAINT, NOTICE OF CONSENT TO JOIN with the date and hour endorsed thereon by me, pursuant tostate statutes.Additional information pertaining to this Service:DESCRIPTION: AGE: 40S, EYES: LIGHT BLUE &/OR GREEN, HAIR: DARK BROWN/BLK, RACE/COLOR:TANNED, HEIGHT: 5’10", WEIGHT: 280 LBS, OTHER: RASH ON SIDE OF NOSETHE SUBJECT DOES NOT LIVE AT THE PROVIDED ADDRESS. CURRENT OCCUPANTS HAVE BEEN THEREONE YEAR AND DOES NOT KNOW THE SUBJECT. LOCATED SECOND ADDRESS: 1430 S FED HWY, STE301, DEERFIELD BEACH, FL 33441, WHICH IS WHERE THE DOCUMENT WAS SERVED.I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server or anAppointed Process Server in good standing in the judicial circuit in which the process was served. Under Penalty ofPerjury I declare that I have read the foregoing Return of Service and that the facts stated in it are true and correct.Notary not required pursuant to F.S. 92.525. Gissen & Zawyer Process Service, inc. 1550 Biscayne Blvd Suite 200 Miami, FL 33132 {305)371-4664 Our Job Serial Number: ZPS-2010064693 Copyright © 1992-2010 Database Services, inc. - Process Servers TooNoox VS.4{J
    • C a s e 0 :1 0 -c v -6 0 8 4 1 -C M A Docum ent 7 E n t e r e d on F L S D D o c k e t 0 6 /0 8 /2 0 10 P a g e 2 of 2Case 0:10-cv-60841 -CMA Document 3 Entered on FLSD Docket O S m m w Pag^3 5 0 ■ UNITED STATES DISTRICT COURT — (f. SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION . ... , /O SARA VANEGAS, on her own behalf and all S 6 /1 -Pc /< similarly situated individuals, ■ > A Plaintiff, SUMMONS IN A CIVIL CASE CASE NO.: 10-60841 -CIV-ALTONAGA/BROWN v. GALANTE GROUP CORP. a Florida Profit f/6 Corporation, JEFFREY GALANTE, individually, and DAVID CONNEL, individually, Defendants. &K fOl U&W ___________ __ _____ _______________________ / ^ h t/c rS S^Y f i t m tty t yfagu h&-u£ ix® fi TO: DAVID CONNELL, individually a # ^ 4 3 9 2 Q - N C - 3 1 81 A v c n t i e -------- - f ^ (H ‘ /i^ X v x , frn& £jdh Lighthouse Point; FI 33064 3a ^ - p eec ■ &c J A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received i t ) - or 60 days if you are the United States or a United States agency, or an officer or em ploye of the Urited States described in Fed. R. Civ. P. 12 (a)(2) or (3) - you Inust:serve o j ^ ‘ “ ;. answer to the attached complaint or amotion under Rule 12 of the Federal Rules of Civil S l f c answer or motion must be served on the plaintiff or plainttfPs attorney, whose ;■ name and address are:: ; ANDREW FRISCH, ESQ. MORGAN & MORGAN, P.A. 6824 Griffin Road Davie, FL 33314 (954) 318-0268 (954) 333-3515 (facsimile) flfrisc8i@forthepcopIe.com If vou fail to do so, 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. MAY 19, 2010 DATE SUMMON S s/Jose Conway Deputy Clerk Steven M. Lari more U.S. District Courts Clerk of Court