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

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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


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


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


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


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


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


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: 954-318-0268
6824 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

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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

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Plaintiff,
SUMMONS IN A CIVIL CASE
CASE NO.: 10-60841 -CIV-ALTONAGA/BROWN

GALANTE GROUP CORP. a Florida Profit
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.
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


Plaintiff,
v. CASE NO.: 10-60841-CIV-ALTONAGA/BROWN


Defendants.
/

TO: JEFFREY GALANTE


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.
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

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Plaintiff,
v. CASE NO.: 10-60841-CIV-ALTONAGA/BROWN


Defendants.
/

TO: DAVID CONNELL, individually
3920 NE 31st Avenue
Lighthouse Point, Fi 33064


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

ANDREW FRISCH, ESQ.
6824 Griffin Road
Davie, FL 33314
(954)318-0268
(954) 333-3515 (facsimile)
afrisch@forthepeople.coin

MAY 19, 2010
DATE SUMMONS

s/Jose Conway
Deputy Clerk
Steven M. Larimore
Clerk of Court

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Plaintiff,

v. CASE NO.: 0:10-cv-60841-CMA


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

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Plaintiff,

v. CASE NO.: 0:10-cv-60841-CMA


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

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Exhibit A


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 attorney's fees and all costs including appellate fees and
costs, incurred in connection therewith as determined by the court in any such action.

1


.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

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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

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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 SERVICE

State of FLORIDA County of United States District Court Court

Case Number: 10 60841 CIV x

Plaintiff:
SARA VANEGAS, ON HER OWN BEHALF AND ALL SIMILARLY
SITUATED INDIVIDUALS,

Defendant:
GALANTE GROUP CORP., A FLORIDA CORPORATION, JEFFREY
GALANTE, INDIVIDUALLY, AND DAVID CONNELL, INDIVIDUALLY,

Andrew Frisch
6824 Griffin Road
Suite 3
Ft. Lauderdale, FL 33314

Received by Gissen & Zawyer Process Service, Inc. on the 21st day of May, 2010 at 2:31 pm to be served on
GALANTE 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 to
JEFFREY 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 an
Appointed Process Server in good standing in the judicial circuit in which the process was served, Under Penalty of
Perjury 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

FORT LAUDERDALE DIVISION |
similarly situated individuals, ‘y - - r f ‘.
/ w *

- ;
f~ Cibs .Cjhii'e
7 Oy
Plaintiff,
SUMMONS IN A CIVIL CASE ;
V. CASE NO.: 10-60841-CIV-ALTONAGA/BROWhi


Defendants.

TO: GALANTE GROUP CORP., d/b/a JG TAX GROUP CO.
Jeffrey Galante, Registered Agent


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.
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
Clerk of Court

RETURN OF SERVICE


Case Number: 10 60841 CIV

Plaintiff:

Defendant:

For:
Andrew Frisch
MORGAN & MORGAN, P.A,
6824 Griffin Road
Suite 3

Received by Gissen & Zawyer Process Service, Inc. on the 21st day of May, 2010 at 2:31 pm to be served on
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:

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 to
state statutes.

Appointed Process Server in good standing in the judicial circuit in which the process was served. Under Penalty of

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 Server's Toolbox V6.4a

'V 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
v.
■ (j..io / fm gJlg ^ .
Corporation, JEFFREY GALANTE, individually, ^ i
and DAVID CONNEL, individually, 7

Defendants.

TO; JEFFREY GALANTE _


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

ANDREW FRISCH, ESQ.
6824 Griffin Road
Davie, FL 33314
(954) 3X8-0268
(954) 333-3515 (facsimile)
aft-Scrii @fn rtheneonl e. com


MAY 19, 2010
DATE SIMMONS

s / J o s € Conwa>'
Deputy Clerk
Steven M. Lanmore u s _District Comts
Clerk of Court

RETURN OF SERVICE


Case Number: 10 60841 CIV

Plaintiff:

Defendant:

Andrew Frisch
6824 Griffin Road
Suite 3

Received by Gissen & Zawyer Process Service, inc. on the 21st day of May, 2010 at 2:31 pm to be served on
DAVID 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 to
state statutes.

Additional information pertaining to this Service:
DESCRIPTION: AGE: 40'S, EYES: LIGHT BLUE &/OR GREEN, HAIR: DARK BROWN/BLK, RACE/COLOR:
TANNED, HEIGHT: 5’10", WEIGHT: 280 LBS, OTHER: RASH ON SIDE OF NOSE
THE SUBJECT DOES NOT LIVE AT THE PROVIDED ADDRESS. CURRENT OCCUPANTS HAVE BEEN THERE
ONE YEAR AND DOES NOT KNOW THE SUBJECT. LOCATED SECOND ADDRESS: 1430 S FED HWY, STE
301, DEERFIELD BEACH, FL 33441, WHICH IS WHERE THE DOCUMENT WAS SERVED.

Appointed Process Server in good standing in the judicial circuit in which the process was served. Under Penalty of

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 Server's 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 2
Case 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.
. ... , /O
SARA VANEGAS, on her own behalf and all S 6
/1 -Pc
/<
similarly situated individuals, ■
>
A

Plaintiff,
v.

GALANTE GROUP CORP. a Florida Profit f/6

Defendants. &K fOl U&W
___________ __ _____ _______________________ / ^ h 't/c r'S 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


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.
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

MAY 19, 2010
DATE SUMMON S

s/Jose Conway
Deputy Clerk
Steven M. Lari more U.S. District Courts
Clerk of Court

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

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