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Class Action Complaint and Jury Trial Demand (D.N.J., Dkt. 1, July 9, 2020)

Summary

Class Action Complaint and Jury Trial Demand filed 07/09/20 in the District of New Jersey by Camilo Antonio Garcia Valerio, on behalf of himself and other similarly situated persons, against Bob's Discount Furniture, LLC, XPO Last Mile, Inc., Mike Skirvin, and Karl Meyer. It seeks damages under the New Jersey Wage and Hour Law, the New Jersey Wage Payment Law and unjust enrichment for unpaid or underpaid overtime wages and unlawful deductions. The complaint alleges that drivers and helpers based at the Swedesboro Facility were paid through the motor carrier United Group Imports, Inc. and were paid $200.00 per day for drivers and $150.00 per day for helpers. The relief sought includes liquidated damages equal to 200 percent. The signature block names Ravi Sattiraju of Sattiraju & Tharney, LLP.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Class Action Complaint and Jury Trial Demand (D.N.J., Dkt. 1, July 9, 2020).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-20-cv-08536-dkt-1-d-n-j-e2c14d460a/, SHA-256 c58b3b7e5e85bb1e9875d3a5d80269f8a5a6c17cd6ef6e3b754e80b256f186a8.

Full text

Case 1:20-cv-08536-KMW-SAK             Document 1       Filed 07/09/20      Page 1 of 16 PageID: 1




                     IN THE UNITED STATES DISTRICT COURT
                                FOR THE DISTRICT OF NEW JERSEY


     CAMILO ANTONIO GARCIA VALERIO,
                                                        Civil Action No.:
           On behalf of himself and all other
           similarly situated persons,

                  Plaintiffs,

     v.

     BOB’S DISCOUNT FURNITURE, LLC, XPO
     LAST MILE, INC., MIKE SKIRVIN, KARL
     MEYER, ABC CORPS. 1-10 and JANE & JOHN             CLASS ACTION COMPLAINT AND
     DOES 1-10,                                         JURY TRIAL DEMAND

                  Defendants.



                                  COMPLAINT – CLASS ACTION

          1.     Plaintiff Camilo Antonio Garcia Valerio (“Plaintiff”), on behalf of himself and all

 other similarly situated persons, brings this class action lawsuit against Defendants Bob’s Discount

 Furniture, LLC, XPO Last Mile, Inc., Mike Skirvin, Karl Meyer, ABC Corps. 1-10 and Jane and

 John Does 1-10, to recover damages under the New Jersey Wage and Hour Law, N.J.S.A. 34:11-

 56a, et seq. (the “NJWHL”), the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1, et seq. (the

 “NJWPL”)1 and the doctrine of unjust enrichment for unpaid and/or underpaid overtime wages

 and unlawful deductions withheld or diverted from their wages.




 1
   Plaintiff and the putative class members’ NJWHL and NJWPL claims are asserted to the full
 extent and reach of those laws including, but not limited to, the extent to which those laws are
 further implemented and bolstered by the New Jersey Wage Collection Law, N.J.S.A. 34:11-57,
 et seq. (the “NJWCL”).
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                                 JURISDICTION AND VENUE

        2.      Jurisdiction is proper under 28 U.S.C. § 1331 because this action arises under the

 Class Action Fairness Act (“CAFA”). See 28 U.S.C. § 1332(d).

        3.      Venue is proper under 28 U.S.C. § 1391(b)(2) because this is the judicial district in

 which a substantial part of the events or omissions giving rise to the claims occurred. Plaintiff

 made a number of deliveries at the direction and control of the Defendants throughout the State of

 New Jersey out of a base of operations located within the State of New Jersey.

                                             PARTIES

        4.      Plaintiff Camilo Antonio Garcia Valerio is a natural person and a citizen of the

 Commonwealth of Pennsylvania and has been employed by Defendants since December of 2019

 in the Borough of Swedesboro in the County of Gloucester in the State of New Jersey.

        5.      Defendant Bob’s Discount Furniture, LLC (“BOB’S”), is a limited liability

 company organized and existing under the laws of the Commonwealth of Massachusetts with

 corporate headquarters located at 428 Tolland Turnpike in the Town of Manchester, County of

 Hartford and State of Connecticut.

        6.      Defendant BOB’S is in the business of selling furniture and goods to customers and

 operates stores and locations in the Northeastern and Mid-Atlantic regions of the United States.

        7.      BOB’S business includes ensuring, directing and overseeing that its furniture or

 goods are delivered to its customers in accordance with its Standard Operating Procedures

 (“SOPs”) and Delivery Operation Requirements (“DORs”).

        8.      Defendant XPO Last Mile, Inc. (“XPO LM”) is a corporation organized and

 existing under the laws of the State of Georgia with corporate headquarters located at 1851 West

 Oak Parkway, Suite 100, in the City of Marietta, County of Cobb and State of Georgia.




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        9.      Defendant XPO LM is a third-party logistics company that operates as an

 authorized freight forwarder for its clients, including retailers and distributors of furniture, such as

 Defendant BOB’S in this case.

        10.     To effectuate its services for BOB’S, XPO LM enters into delivery service

 agreements (“DSAs”) with entities and sole proprietorships that it terms “motor carriers”, “contract

 carriers” or “service providers” (referred to hereinafter as “Motor Carriers” for the ease of

 reference).

        11.     These Motor Carriers, who own or rent delivery trucks, in turn pay individuals,

 colloquially known as “drivers” or “helpers”, to operate their trucks and complete deliveries of

 BOB’S furniture and goods in accordance with BOB’S SOPs and DORs.

        12.     “Drivers” drive the trucks that deliver BOB’S furniture and goods from

 Defendants’ facilities or warehouses to BOB’S customers. “Helpers” travel with the drivers to

 assist with deliveries at Defendants’ facilities or warehouses, on the road and at customer homes.

        13.     At all times relevant herein, BOB’S and XPO LM both operated out of and/or

 utilized a distribution facility located at 2185 High Hill Road in the Borough of Swedesboro,

 County of Gloucester and State of New Jersey (the “Swedesboro Facility”).

        14.     At all relevant times herein, Defendant XPO LM provided its management and

 logistic services to Defendant BOB’S at and out of the Swedesboro Facility.

        15.     One of the Motor Carriers XPO LM entered into a DSA with at the Swedesboro

 Facility is an entity believed to be called “United Group Imports, Inc.”

        16.     United Group Imports, Inc. operates under the United States Department of

 Transportation, Federal Motor Carrier Safety Administration license/USDOT number 2408110.

 For all purposes herein, the term “United” shall refer collectively to United Group Imports, Inc.,




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 any and all other persons or entities that operate or have operated under USDOT number 2408110,

 and any and all predecessor or successor entities of United Group Imports, Inc.

        17.     United paid a number of drivers and helpers, at least more than forty (40), to

 complete deliveries of BOB’S furniture and goods from the Swedesboro Facility utilizing delivery

 trucks that United owned, rented or otherwise operated.

        18.     The Class of similarly situated Plaintiffs is defined as:

                All individuals that were based out of the Swedesboro Facility that
                performed truck driving and/or helper functions for Bob’s Discount
                Furniture, LLC and XPO Last Mile, Inc., in or out of trucks owned, rented
                or otherwise operated by the motor carrier, United, from July 9, 2014 to the
                date of Judgment in this action. (Hereinafter the “Class Members”).

        19.     Defendant BOB’S was at all relevant times herein, an employer of the Plaintiff and

 the Class Members as defined by the NJWHL.

        20.     Alternatively, Defendant BOB’S was at all relevant times herein, a “client

 employer”, as defined by the New Jersey Wage-Theft Act, and is jointly and severally liable for

 the New Jersey wage claims asserted herein by Plaintiff and the Class Members. See N.J.S.A.

 34:11-58.2.

        21.     Defendant XPO LM was at all relevant times herein, an employer of the Plaintiff

 and the Class Members as defined by the NJWHL.

        22.     Alternatively, Defendant XPO LM was at all relevant times herein, a “client

 employer” and/or “labor contractor”, as defined by the New Jersey Wage-Theft Act, and is jointly

 and severally liable for the New Jersey wage claims asserted herein by Plaintiff and the Class

 Members. See N.J.S.A. 34:11-58.2.

        23.     Defendant Mike Skirvin (“Skirvin”) is a natural person whose citizenship and

 residency are currently unknown to Plaintiff.




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        24.     Defendant Skirvin is Defendant BOB’S Chief Executive Officer and has at all

 relevant times hereto “acted on behalf” of BOB’S with regard to its compliance with the NJWHL,

 NJWPL, NJWCL and misclassification of Plaintiff and the Class Members as nonemployees

 thereunder.

        25.     Defendant Skirvin is therefore personally or individually liable for Plaintiff and the

 Class Members’ claims for damages under the NJWHL and NJWPL. See N.J.S.A. 34:11-58.2(c).

        26.     Defendant Karl Meyer (“Meyer”) is a natural person whose citizenship and

 residency are currently unknown to Plaintiff.

        27.     Defendant Meyer is Defendant XPO LM’s Chief Executive Officer and has at all

 relevant times hereto “acted on behalf” of XP OLM with regard to its compliance with the

 NJWHL, NJWPL, NJWCL and misclassification of Plaintiff and the Class Members as

 nonemployees thereunder.

        28.     Defendant Meyer is therefore personally or individually liable for Plaintiff and the

 Class Members’ claims for damages under the NJWHL and NJWPL. See N.J.S.A. 34:11-58.2(c).

        29.     Defendants ABC CORPS. 1-10 and/or JANE and JOHN DOES 1-10 are currently

 unknown entities and/or natural persons, designated by fictitious names herein, who may also be

 liable to the Plaintiff and the Class Members in this matter.

                                   SPECIFIC ALLEGATIONS

        30.     The Plaintiff has and does currently work as a truck driver delivering BOB’S

 furniture and goods from the Swedesboro Facility to BOB’S various customer locations.

        31.     The Plaintiff and all Class Members were assigned to perform non-exempt tasks as

 truck Drivers and/or Helpers for BOB’S and were based out of the Swedesboro Facility.

        32.     The Plaintiff and all Class Members began and ended each workday at the

 Swedesboro Facility.


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        33.     BOB’S entered into business relationships with other entities, including XPO LM,

 John and Jane Does 1-10 and ABC Corps. 1-10, to conceal the fact that it had an employer-

 employee relationship with the Plaintiff and all Class Members.

        34.     At some time before or during the operation of the Swedesboro Facility, BOB’S

 and XPO LM entered into one or more Master Agreements (the “MAs”), to govern BOB’S delivery

 operations out of the Swedesboro Facility.

        35.     The MAs contains or references BOB’S SOPs and DORs which must be followed

 to complete deliveries of BOB’S furniture and goods out of the Swedesboro Facility.

        36.     BOB’S SOPs and DORs are passed along from BOB’S to XPO LM who, in turn,

 passes along the operational requirements to the Motor Carriers who sign DSAs and the drivers

 and helpers paid by the Motor Carriers.

        37.     Specific to this case, the MAs require XPO LM to perform deliveries in accordance

 with BOB’S SOPs and DORs and, in turn, XPO LM requires United and its drivers and helpers to

 perform deliveries in accordance with BOB’S SOPs and DORs and any additional requirements

 that XPO LM’s DSA with “United” may mandate.

        38.     The terms of the MAs, SOPs, DORs and DSA with United manifest and exhibit a

 high level of control and direction by BOB’S and XPO LM as a matter of contract over the

 performance of the delivery services performed by the Plaintiff and Class Members.

        39.     BOB’S and XPO LM also exert a high level of control and direction as a matter of

 fact over the performance of the delivery services performed by the Plaintiff and Class Members.

        40.     BOB’S controls the manner and means in which the Plaintiff and all Class Members

 perform their duties. Specifically, the Plaintiff and all Class Members all report to work at BOB’S

 Swedesboro Facility; BOB’S requires background checks and drug screening prior to the




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Case 1:20-cv-08536-KMW-SAK            Document 1       Filed 07/09/20      Page 7 of 16 PageID: 7




 commencement of work; BOB’S requires that all deliveries are made with tracking devices that

 BOB’S then uses to score the performance of the Plaintiff and Class Members; BOB’S monitors

 the work performance of the Plaintiff and Class Members and assigns work according to that

 performance; BOB’S personnel point out areas of work improvement directly to Class Members

 from time to time; Class Members must communicate with BOB’S employees while delivering

 their routes during the workday, Class Members must handle paperwork and invoices with BOB’S

 customers; Class Members are required to wear a BOB’S embroidered uniform; BOB’S requires

 deliveries be made by two-person teams and determines which days of the week deliveries are to

 be made; BOB’S provides a customer care department to report problems and issues that arise

 during the workday; BOB’S requires the installation and assembly of its merchandise; BOB’S

 requires Class Members to confirm deliveries; BOB’S assigns daily truck routes and time frames

 for making deliveries; BOB’S personnel inspects the Swedesboro Facility to oversee the delivery

 operation; and BOB’S maintains the authority to reprimand and terminate Plaintiff and all Class

 Members.

        41.     XPO LM also controls the manner and means in which the Plaintiff and all Class

 Members perform their delivery services. Specifically, XPO LM enforces all of BOB’S SOPs and

 DORs at the Swedesboro Facility; XPO LM also requires background checks and drug screening

 prior to the commencement of work; XPO LM also monitors the work performance of the Plaintiff

 and Class Members and assigns work according to that performance; XPO LM conducts morning

 standup meetings to: (i) discuss worker performance, (ii) provide instruction for performing

 deliveries, (iii) provide instruction for performing product assembly, (iv) provide instruction for

 performing product installation, (v) point out areas of delivery improvement; provide instruction

 for providing good quality service, and (vi) enforce BOB’S uniform policy; XPO LM provides




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Case 1:20-cv-08536-KMW-SAK            Document 1       Filed 07/09/20      Page 8 of 16 PageID: 8




 dispatch services at the Swedesboro Facility to assist with issues and problems that arise while

 deliveries are being made; XPO LM personnel screen drivers and helpers before they can begin

 work for a Motor Carrier; XPO LM personnel conducts audits and ride-behinds of the drivers and

 helpers to monitor an gauge performance; and XPO LM also has the authority to reprimand and

 terminate the Plaintiffs and all Class Members.

        42.     The Plaintiff and all Class Members’ delivery services were performed within the

 usual course of Defendants’ businesses, specifically, to complete delivery BOB’S furniture and

 goods to BOB’S customers.

        43.     The Plaintiff and all Class Members’ delivery services were performed within all

 of the places of the Defendants’ businesses, specifically, at the Swedesboro Facility and at BOB’S

 customers’ homes.

        44.     The Plaintiff and all Class Members did not operate independently established

 businesses.

        45.     The Plaintiff and all Class Members are not independent contractors as defined by

 N.J.S.A. 43:21-19(i)(6)(A)(B)(C), the test adopted and applied to “employment status” disputes

 under the NJWHL and NJWPL by the Supreme Court of New Jersey in Hargrove v. Sleepy’s,

 LLC, 220 N.J. 289 (N.J. 2015).

        46.     United was simply used as a tool or mechanism to surreptitiously attempt to insulate

 BOB’S and XPO LM from liability under New Jersey’s wage laws and otherwise circumvent their

 legal obligations thereunder.

        47.     Indeed, upon information and belief, United Group Imports, Inc. has not even been

 licensed to conduct business within the State of New Jersey since the State of New Jersey, Division

 of Revenue and Enterprise Services (“NJDOR”) suspended its license on September 16, 2016.




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        48.     Upon further belief, the NJDOR has only recently began procedures related to

 United Group Imports, Inc.’s reinstatement to do business within this State.

        49.     The willingness of BOB’S and XPO LM to readily discharge their legal duties

 under New Jersey’s wage laws upon an entity not licensed to do business further supports awards

 of “liquidated damages” as provided for under the NJWHL and NJWPL.

        50.     The Plaintiff and all Class Members are not exempt under the New Jersey Wage

 and Hour Law, N.J.S.A. 34:11-56a et seq.

        51.     The Plaintiff and all Class Members routinely work far in excess of forty (40) hours

 per week for Defendants and are not paid 1.5 times their hourly rate or 1.5 times the minimum

 wage rate when they work over forty (40) hours per week.

        52.     Plaintiff and all Class Members are paid on a daily, piecemeal basis of $200.00 per

 day for drivers and $150.00 per day for helpers, regardless of the amount of hours they actually

 work in excess of forty (40) hours per week.

        53.     Defendants’ ongoing uniform illegal policy of failing to pay Class Members for all

 time worked has resulted in Class Members being denied substantial legally required

 compensation and/or overtime payments given that Class Members routinely work in excess of

 forty hours per week.

        54.     In addition, the wages earned by the Plaintiff and other Class Members are reduced

 to account for various deductions, charges and/or expenses that do not benefit the Plaintiffs or

 other Class Members. For example, the Plaintiff, like other Class Members, is subjected to

 deductions, charges and/or expenses to cover the cost of the substandard housing of dozens of

 workers in a single house in a manner which is inconsistent with N.J.A.C. 12:56-8.1 to -8.8




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  (NJDOLWD regulations governing lawful “fair value” lodging credits under the wage laws) and

  therefore amounts to an unlawful deduction in violation of the NJWPL.

         55.     Beginning in or around February of 2020, United, by and through Defendants

  BOB’S and XPO LM, began issuing Plaintiff and the Class Members alleged “Earnings

  Summar[ies]” (the “New Statements”).

         56.     The New Statements are a farce being utilized by an entity that is not even licensed

  to do business in the State of New Jersey to further conceal the Defendants’ violations of New

  Jersey law.

         57.     Plaintiff and the Class Members do not clock-in or clock-out of the Swedesboro

  Facility on workdays so their actual hours worked cannot and are not being tracked in a manner

  that provides a “complete, true and accurate record.” See N.J.A.C. 12:56-4.2.

         58.     Even if the Plaintiff and Class Members’ time spent making deliveries is being

  accurately tracked by BOB’S electronic tracking devices, the tracking devices are not reporting

  the hours spent each workday by the Plaintiff and all Class Members loading and unloading their

  trucks before and after making their deliveries.

         59.     The hours being reflected on the New Statements are entirely fictional and are

  wildly underreporting the amount of hours Plaintiff and all of the Class Members are actually

  working within and out of the Swedesboro Facility.

                                CLASS ACTION ALLEGATIONS

         60.     The Plaintiffs bring this lawsuit as a class action, pursuant to Federal Rule of Civil

  Procedure 23, on behalf of themselves and all other individuals who, at any time after June 2014,

  performed delivery and other transportation related services in the State of New Jersey for

  Defendants.




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Case 1:20-cv-08536-KMW-SAK             Document 1         Filed 07/09/20   Page 11 of 16 PageID: 11




          61.     Class action treatment is appropriate because, as summarized in Paragraphs 62 to

  68 below, all of Rule 23’s requirements are satisfied.

          62.     The Class is so numerous that joinder of all Class Members is impracticable.

          63.     The Plaintiff is a Class Member, his claims are typical of the claims of other Class

  Members and he has no interests that are antagonistic to or in conflict with the interests of other

  Class Members.

          64.     The Plaintiff will fairly and adequately represent the Class Members and their

  interests, and he has retained competent and experienced counsel who will effectively represent

  the Class Members’ interests.

          65.     Questions of law and fact are common to all Class Members.

          66.     Common questions of law and fact predominate over questions affecting only

  individual Class Members. These common questions include:

                  a. Whether the Class Members were misclassified and should have been treated
                     as “employees” by the Defendants for purposes of the New Jersey Wage and
                     Hour Law, N.J.S.A. 34:11-56a et seq.;

                  b. Whether the Class Members routinely worked in excess of forty (40) hours per
                     week for the Defendants;

                  c. Whether the Class Members were compensated with premium overtime pay for
                     all hours worked in excess of forty (40) hours per week; and

                  d. Whether this conduct violates the New Jersey Wage and Hour Law, N.J.S.A.
                     34:11-56a et seq.

                  e. Whether the Class Members had the costs of housing withheld from their wages
                     in violation of the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1 et seq.

          67.     A class action is superior to other available methods for the fair and efficient

  adjudication of this litigation.




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          68.      The prosecution of separate actions by individual members of the Class would run

  the risk of inconsistent or varying adjudications. Prosecution as a class action will also eliminate

  the possibility of repetitious litigation.

                                               COUNT ONE

                             (NEW JERSEY WAGE AND HOUR LAW)

          69.     Plaintiff reasserts Paragraphs 1-68 as if set forth at length herein.

          70.     Defendants’ conduct against the Plaintiff and the Class Members violates the New

  Jersey Wage and Hour Law, N.J.S.A. 34:11-56a et seq., by failing to compensate the Plaintiff and

  the Class Members for all hours worked, and not paying overtime when the Plaintiff and the Class

  Members worked over 40 hours per week.

          71.     As a result of Defendants’ conduct, the Plaintiff and the Class Members have

  endured significant economic damages.

                                               COUNT TWO

                              (NEW JERSEY WAGE PAYMENT LAW)

          72.      Plaintiff reasserts Paragraphs 1-71 as if set forth at length herein.

          73.     Defendants’ conduct against the Plaintiff and the Class Members violates the New

  Jersey Wage Payment Law, N.J.S.A. 34:11-4.1 et seq., by reducing the wages paid to the Plaintiff

  and the Class Members to account for various deductions, charges and/or expenses that do not

  benefit the Plaintiff or other Class Members.

          74.     As a result of Defendants’ conduct, the Plaintiff and the Class Members have

  endured significant economic damages.




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                                          COUNT THREE

                                    (UNJUST ENRICHMENT)

         75.    Plaintiff reasserts Paragraphs 1-74 as if set forth at length herein.

         76.    Defendants have been financially enriched by failing to the Plaintiff and the other

  Class Members the appropriate overtime rate for all hours they worked in excess of forty (40)

  hours per week and for unlawfully withholding unauthorized deductions from their wages.

         77.    The financial enrichment enjoyed by Defendants has come at the expense of the

  Plaintiff and the other Class Members, all of whom have borne the unpaid and/or underpaid wages.

         78.    It is against equity and good conscience to permit Defendants to retain such unpaid

  and/or underpaid wages.

         79.    Defendants should be required to reimburse the Plaintiff and all other Class

  Members for such unpaid and/or underpaid wages under the doctrine of unjust enrichment.




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                                     PRAYER FOR RELIEF

         WHEREFORE, Plaintiff Camilo Antonio Garcia Valerio seeks the following relief on

  behalf of himself and the other Class Members:

         a. Certify a class action pursuant Rule 23 of the Federal Rules of Civil Procedure and

            appoint Plaintiff and his counsel to represent the Class;

         b. Declare and find that the Defendants violated the New Jersey Wage and Hour Law,

            N.J.S.A. 34:11-56a et seq.;

         c. Declare and find that the Defendants violated the New Jersey Wage Payment Law,

            N.J.S.A. 34:11-4.1 et seq.;

         d. Award compensatory damages, including all unpaid and/or underpaid wages, in an

            amount according to proof;

         e. Award liquidated damages in an amount equal to 200 percent of the amount of the

            unpaid or underpaid wages;

         f. Award all costs, expenses and attorney’s fees, with appropriate enhancement, incurred

            in prosecuting this claim;

         g. Award pre-judgment and post-judgment interest at the highest rates allowed by law;

         h. Injunctive relief in the form of an order directing Defendants to comply with New

            Jersey law; and

         i. Such other relief as in law or equity may pertain.




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                                    JURY TRIAL DEMANDED

        Plaintiff demands a jury trial as to all issues so triable.



  Dated: July 9, 2020                                     Respectfully submitted,
         East Windsor, New Jersey

                                                    By:       s/ Ravi Sattiraju
                                                          SATTIRAJU & THARNEY, LLP
                                                          Ravi Sattiraju, Esq. (N.J. No. 035251998)
                                                          Anthony S. Almeida, Esq. (N.J. No. 024552005)
                                                          50 Millstone Road
                                                          Building 300, Suite 202
                                                          East Windsor, New Jersey 08520
                                                          Tel: (609) 469-2110
                                                          Fax: (609) 228-5649
                                                          Emails: rsattiraju@s-tlawfirm.com
                                                                  aalmeida@s-tlawfirm.com

                                                          Attorneys for the Plaintiff and all other
                                                          similarly situated persons.




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                          LOCAL CIVIL RULE 11.2 CERTIFICATION

          The undersigned hereby certifies under the penalty of perjury that this matter in controversy

  is not the subject of any other action pending in any court, or of any pending arbitration or

  administrative proceeding. The undersigned nevertheless discloses that there exists a similar action

  captioned Espinal, et al. v. Bob’s Discount Furniture, LLC, et al., Civil Action No. 2:17-cv-02854-

  JMV-JBC, pending within this District before the Honorable John Michael Vazquez, U.S.D.J.

  However, that action arises out of entirely separate facilities located in Edison and Carteret, New

  Jersey, and covers a distinct and separate class of workers.




                                                              s/ Ravi Sattiraju
                                                          RAVI SATTIRAJU, ESQ.
  Date:   July 9, 2020
          East Windsor, New Jersey




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