Francisco Duran Plaintiff vs. Moran Foods, LLC, et al Defendant

This is an action by Plaintiff against Defendants for unpaid wages, including

minimum and overtime wages, pursuant to Section 24, Art. X of the Florida Constitution and

Chapter 448, Florida Statutes as well as pursuant to the Fair Labor Standards Act (“FLSA”) 29

U.S.C. § 201 et seq. Plaintiff seeks damages and reasonable attorney’s fees, together with other

relief.

Plaintiff is a resident of Broward County, Florida and sui juris.

Defendant, MORAN FOODS LLC (“MORAN”), is a duly registered foreign

company doing business in Broward County, Florida.

Defendant, LEEVERS SUPERMARKETS, INC. (“LEEVERS”), is a foreign

company which, at the relevant time, was duly registered and doing business in Broward County,

Florida.

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/16/2020 11:52:16 AM.****General Allegations

From approximately 2017 to 2019, Plaintiff was an hourly, non-exempt employee

working at a Save-A-Lot supermarket located in Broward County.

During that time, and upon information and belief, the Save-A-Lot supermarket was

under the ownership and control, either independently or jointly, of Defendant MORAN and

Defendant LEEVERS.

Defendant MORAN is a for profit company which, during the relevant times,

operated a Save-A-Lot supermarket in Broward County that employed Plaintiff. As such,

Defendant MORAN is an employer as defined by 29 U.S.C. §203. See also Section 24(b), Art. X

of the Florida Constitution.

Defendant LEEVERS is a for profit company which, during the relevant times,

operated a Save-A-Lot supermarket in Broward County that employed Plaintiff. As such,

Defendant LEEVERS is an employer as defined by 29 U.S.C. §203. See also Section 24(b), Art.

X of the Florida Constitution.

During the relevant times, Defendant MORAN was an enterprise covered by the

FLSA in that it was engaged in commerce or in the production of goods for commerce within the

meaning of 29 U.S.C. 203(s)(1) of the Act, in that the enterprise has had employees engaged in

commerce or in the production of goods for commerce, or employees handling, selling, or

otherwise working on goods or materials that have been moved in or produced for commerce by

any person.

During the relevant times, Defendant LEEVERS was an enterprise covered by the

FLSA in that it was engaged in commerce or in the production of goods for commerce within the

meaning of 29 U.S.C. 203(s)(1) of the Act, in that the enterprise has had employees engaged incommerce or in the production of goods for commerce, or employees handling, selling, or

otherwise working on goods or materials that have been moved in or produced for commerce by

any person.

During the relevant times, Defendant MORAN had annual gross volume of sales

or business done of not less than $500,000.

During the relevant times, Defendant LEEVERS had annual gross volume of sales

or business done of not less than $500,000.

During the relevant times, Defendant MORAN failed to pay Plaintiff all of the

wages due and owing, and also failed to pay Plaintiff his overtime wages in accordance with the

FLSA.

During the relevant times, Defendant LEEVERS failed to pay Plaintiff all of the

wages due and owing, and also failed to pay Plaintiff his overtime wages in accordance with the

FLSA.

Plaintiff has retained the undersigned law firm to represent him in this matter and

has agreed to pay the law firm a reasonable fee for its services.

All conditions precedent have been satisfied, waived, or otherwise extinguished.

Count I—Florida Wage Law Violation

Plaintiff alleges and incorporates by reference the allegations contained in

paragraphs 1 — 16 as if fully set forth herein.

Pursuant to Article X, Section 24 of the Florida Constitution and Section 448.110

Florida Statutes, Defendants were required to pay Plaintiff at least the applicable Florida minimum

wage.19. During the relevant times, Defendant MORAN failed to pay Plaintiff all of the

wages due and owing to Plaintiff, which failure included the applicable minimum wage.

During the relevant times, Defendant LEEVERS failed to pay Plaintiff all of the

wages due and owing to Plaintiff, which failure included the applicable minimum wage.

To date, Defendants have failed Plaintiff all of his wages due and owing, including

the applicable minimum wage, and have otherwise failed to attempt to resolve the wage claim to

Plaintiff's satisfaction.

Pursuant to Article X, Section 24 of the Florida Constitution and Section 448.110

Florida Statutes, Plaintiff therefore seeks recover of all unpaid back wages, liquidated damages,

attorneys’ fees and costs.

WHEREFORE, Plaintiff, FRANCISCO DURAN, demands a judgment in his favor and

against Defendants, MORAN FOODS LLC and LEEVERS SUPERMARKETS, INC.), jointly and

severally, as follows:

(i) Award to Plaintiff actual damages equal to the back wages owed by Defendants, as

provided by Article X, Section 24 of the Florida Constitution and Section 448.110

Florida Statutes;

(ii) | Award to Plaintiff liquidated damages equal to the back wages owed by

Defendants, as provided by Article X, Section 24 of the Florida Constitution and

Section 448.110 Florida Statutes;

(iii) | Award to Plaintiff his attomeys’ fees and costs, as provided by Article X, Section

24 of the Florida Constitution and Section 448.110 Florida Statutes; and

(iv) | Award to Plaintiff such further relief this Court deems just and proper.Count 1l—Federal Wage Law Violation

Plaintiff alleges and incorporates by reference the allegations contained in

paragraphs 1 — 16 as if fully set forth herein.

During the relevant time, Defendant MORAN repeatedly and willfully violated the

FLSA by failing to compensate Plaintiff at a rate not less than one and one-half times his regular

rate of pay for work weeks longer than forty (40) hours.

During the relevant time, Defendant LEEVERS repeatedly and willfully violated

the FLSA by failing to compensate Plaintiff at a rate not less than one and one-half times his

regular rate of pay for work weeks longer than forty (40) hours.

Pursuant to the FLSA, Plaintiff seeks to recover from Defendants all of his unpaid

overtime wages, plus an additional amount as liquidated damages, plus costs and reasonable

attorney’s fees.

WHEREFORE, Plaintiff, FRANCISCO DURAN, demands a judgment in his favor and

against Defendants, MORAN FOODS LLC and LEEVERS SUPERMARKETS, INC., jointly and

severally, as follows:

(i) Declaration that Defendants willfully violated the overtime provision of the FLSA,

as set forth in Count II;

(ii) Award to Plaintiff all of his unpaid overtime wages at the applicable rate;

(iii) Award to Plaintiff liquidated damages equal to the unpaid overtime wages by

Defendants, as provided by the FLSA;

(iv) | Award to Plaintiffhis attorneys’ fees and costs, as provided by the FLSA; and

(v) Award to Plaintiff such further relief this Court deems just and proper.Demand for Jury Trial

Plaintiff demands a trial by jury of all issues so triable.

BRAVO LAW

Counsel for Plaintiff, Francisco Duran

1555 Bonaventure Blvd., Suite 2007

Weston, FL 33326

Telephone: (954) 790-6711

Facsimile: (954) 790-6722

Primary Email: efile@lawbravo.com

Secondary Email: gbravo@lawbravo.com

By: /s/ Gustavo A. Bravo

Gustavo A. Bravo

Florida Bar No. 551287

Causes of Action

Count I—Florida Wage Law Violation