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Filing # 157070390 E-Filed 09/09/2022 10:47:17 AM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY, FLORIDA
CIVIL DIVISION
JAMES B. WRIGHT SR.,
Plaintiff,
Case No.: 16-2022-CA-004327-XXXX-MA
Vv. Div. CV-B
LAMPSTAND FOODS, LLC,
Defendant.
/
AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, JAMES B. WRIGHT SR., by and through undersigned counsel, brings this action
against Defendant, LAMPSTAND FOODS, LLC and in support of his claims states as follows:
JURISDICTION AND VENUE
1 This is an action for damages in excess of $30,000, exclusive of interest, fees, and
costs, and for declaratory relief, for violations of the Florida Civil Rights Act of 1992, as amended
(“FCRA”), Fla. Stat. § 760.01 et seq.
2 Venue is proper in Duval County, because all of the events giving rise to these
claims occurred in this County.
PARTIES
Plaintiff is a resident of Duval County, Florida, and he worked in Duval County.
Defendant operates a Little Caesars restaurant in Duval County.
GENERAL ALLEGATIONS
Plaintiff has satisfied all conditions precedent, or they have been waived.
Plaintiff has hired the undersigned attorneys and agreed to pay them a fee.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 09/12/2022 09:38:01 AM
7 Plaintiff requests a jury trial for all issues so triable.
8 At all times material hereto, Plaintiff was an employee of Defendant.
9 At all times material hereto, Defendant employed fifteen (15) or more employees.
Thus, Defendant is an “employer” within the meaning of the FCRA, Fla. Stat. § 760.02(7).
FACTS
10. Plaintiff began working for Defendant on or around July 2019.
ll. Plaintiff suffers from a disability that qualifies as a handicap under’ the FCRA, and
as such, is a member of a protected class under the FCRA. ,
12. Plaintiff is able to perform the essential functions of the job for which he was hired
by Defendant with or without accommodation. 4
13. Plaintiff required an accommodation of his Kandicap/disability.
4
14. In or around June 2021, Plaintiff requested eight weeks of leave due to a surgical
procedure he needed in connection with his handicap/disability.
15. Defendant, through Plaintiff's supervisor, notified Plaintiff that his request for
leave was approved. é fo
16. However, on July 19, 2021, Defendant terminated Plaintiff's employment, even
though allowing Plaintiff to complete his previously approved leave period would not have
imposed any undué hardship on Defendant.
17. By denying Plaintiffs request, Defendant unreasonably refused to accommodate
Plaintiff's disability/handicap.
18. On or about, Defendant fired in retaliation for seeking an accommodation of his
handicap/disability.
COUNT I-FCRA VIOLATION
(HANDICAP DISCRIMINATION)
19. Plaintiff realleges and readopts the allegations of paragraphs | through 18 of this
Complaint, as though fully set forth herein.
20. Plaintiff is a member of a protected class under the FCRA.
21. Plaintiff was subjected to disparate treatment on the basis of his handicap,
disability, and/or perceived handicap/disability.
22. Defendant’s actions were willful and done with malice.
,
23. Plaintiff was injured due to Defendant’s violations of the FCRA, for which Plaintiff
is entitled to legal and injunctive relief.
4
WHEREFORE, Plaintiff demands: 7
a) A jury trial on all issues so triable;
b) That process issue and that this Court take jurisdiction over the case;
°) Compensation for lost wages, benefits, and other remuneration;
qd) Reinstatement .of Plaintiff to a position comparable to Plaintiffs prior
position, or in the alternative, front pay;
¢) Any other compensatory damages, including emotional distress, allowable
at law;
Punitive damages;
8) Prejudgment interest on all monetary recovery obtained.
h) All costs and attorney’s fees incurred in prosecuting these claims; and
i) For such further relief as this Court deems just and equitable.
COUNT JI—FCRA VIOLATION
(DENIAL OF REASONABLE ACCOMMODATION)
24. Plaintiff realleges and readopts the allegations of Paragraphs | through 18 of this
Complaint, as though fully set forth herein.
25. Plaintiff has a handicap, or was perceived by Defendant as having a handicap.
26. Defendant failed to provide Plaintiff with a reasonable accommodation for his
handicap, and shortly thereafter, terminated his employment.
27. Defendant’s actions were willful and done with malice.
,
28. Plaintiff was injured due to Defendant’s violations of the FCRA, for which Plaintiff
is entitled to legal and injunctive relief.
4
WHEREFORE Plaintiff demands: 7
(a) A jury trial on all issues so triable;
(b) That process issues and that this Court take jurisdiction over the case;
JS
(c) An injunction restraining continued violation of the law enumerated herein;
(@) Compensation for lost wages, benefits, and other remuneration;
(e) Reinstatement of Plaintiff to a position comparable to Plaintiff's prior
position, or in the alternative, front pay;
oO) Compensatory damages, including emotional distress, allowable at law;
(g) Punitive damages;
(h) Prejudgment interest on all monetary recovery obtained;
@) All costs and attorney’s fees incurred in prosecuting these claims; and
@ For such further relief as this Court deems just and equitable.
COUNT Il] - FCRA RETALIATION
29. Plaintiff realleges and readopts the allegations of paragraphs | through 18 of this
Complaint, as though fully set forth herein.
30. Plaintiff is a member of a protected class under the FCRA.
31 Plaintiff engaged in protected activity under the FCRA.
32 Defendant retaliated against Plaintiff for engaging in protected activity under the
FCRA. /
33. Specifically, Defendant failed or refused to engage in an interactive discussion
about accommodations, and subsequently denied Plaintiff a reasonable accommodation that would
have permitted Plaintiff to perform all of the essential functions of his job with Defendant.
34. Defendant’s actions were willful and done with malice.
4
35. Defendant took material adverse action against Plaintiff.
36. Plaintiff was injured by Defendant’s violations of the FCRA, for which Plaintiff is
entitled to legal and injunctive relief. J
WHEREFORE, Plaintiff demands:
a) A jury, trial on all issues so triable;
b) That process issue and that this Court take jurisdiction over the case;
c)” That this Court enter a declaratory judgment against Defendant, stating that
Defendant retaliated against Plaintiff for exercising his rights under the
FCRA;
qd) Compensation for lost wages, benefits, and other remuneration;
e) Reinstatement of Plaintiff to a position comparable to Plaintiff's prior
position, with back pay plus interest, pension rights, and all benefits;
Front pay;
8) Any other compensatory damages, including emotional distress, allowable
at law;
h) Punitive damages;
i) Prejudgment interest on all monetary recovery obtained.
dD All costs and attorney’s fees incurred in prosecuting these claims; and
k) For such further relief as this Court deems just and equitable.
JURY TRIAL DEMAND ,
7
Plaintiff demands trial by jury as to all issues so triable.
Dated this 9 day of September, 2022. 4
Respectfully, sibmitted,
/s/ Ashwin R. Trehan
ASHWIN R. TREHAN
Florida Bar Number: 42675
WENZEL FENTON CABASSA P.A.
1110 N. Florida Avenue, Suite 300
é Tampa, FL 33602-3343
Main Number: (813) 224-0431
Direct Dial: (813) 774-3391
Facsimile: (813) 229-8712
Email: atrehan@wfclaw.com
Email: tsoriano@wfclaw.com
Attorneys for Plaintiff
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Filing # 157070390 E-Filed 09/09/2022 10:47:17 AM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA CIVIL DIVISION JAMES B. WRIGHT SR., Plaintiff, Case No.: 16-2022-CA-004327-XXXX-MA Vv. Div. CV-B LAMPSTAND FOODS, LLC, Defendant. / AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, JAMES B. WRIGHT SR., by and through undersigned counsel, brings this action against Defendant, LAMPSTAND FOODS, LLC and in support of his claims states as follows: JURISDICTION AND VENUE 1 This is an action for damages in excess of $30,000, exclusive of interest, fees, and costs, and for declaratory relief, for violations of the Florida Civil Rights Act of 1992, as amended (“FCRA”), Fla. Stat. § 760.01 et seq. 2 Venue is proper in Duval County, because all of the events giving rise to these claims occurred in this County. PARTIES Plaintiff is a resident of Duval County, Florida, and he worked in Duval County. Defendant operates a Little Caesars restaurant in Duval County. GENERAL ALLEGATIONS Plaintiff has satisfied all conditions precedent, or they have been waived. Plaintiff has hired the undersigned attorneys and agreed to pay them a fee. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 09/12/2022 09:38:01 AM 7 Plaintiff requests a jury trial for all issues so triable. 8 At all times material hereto, Plaintiff was an employee of Defendant. 9 At all times material hereto, Defendant employed fifteen (15) or more employees. Thus, Defendant is an “employer” within the meaning of the FCRA, Fla. Stat. § 760.02(7). FACTS 10. Plaintiff began working for Defendant on or around July 2019. ll. Plaintiff suffers from a disability that qualifies as a handicap under’ the FCRA, and as such, is a member of a protected class under the FCRA. , 12. Plaintiff is able to perform the essential functions of the job for which he was hired by Defendant with or without accommodation. 4 13. Plaintiff required an accommodation of his Kandicap/disability. 4 14. In or around June 2021, Plaintiff requested eight weeks of leave due to a surgical procedure he needed in connection with his handicap/disability. 15. Defendant, through Plaintiff's supervisor, notified Plaintiff that his request for leave was approved. é fo 16. However, on July 19, 2021, Defendant terminated Plaintiff's employment, even though allowing Plaintiff to complete his previously approved leave period would not have imposed any undué hardship on Defendant. 17. By denying Plaintiffs request, Defendant unreasonably refused to accommodate Plaintiff's disability/handicap. 18. On or about, Defendant fired in retaliation for seeking an accommodation of his handicap/disability. COUNT I-FCRA VIOLATION (HANDICAP DISCRIMINATION) 19. Plaintiff realleges and readopts the allegations of paragraphs | through 18 of this Complaint, as though fully set forth herein. 20. Plaintiff is a member of a protected class under the FCRA. 21. Plaintiff was subjected to disparate treatment on the basis of his handicap, disability, and/or perceived handicap/disability. 22. Defendant’s actions were willful and done with malice. , 23. Plaintiff was injured due to Defendant’s violations of the FCRA, for which Plaintiff is entitled to legal and injunctive relief. 4 WHEREFORE, Plaintiff demands: 7 a) A jury trial on all issues so triable; b) That process issue and that this Court take jurisdiction over the case; °) Compensation for lost wages, benefits, and other remuneration; qd) Reinstatement .of Plaintiff to a position comparable to Plaintiffs prior position, or in the alternative, front pay; ¢) Any other compensatory damages, including emotional distress, allowable at law; Punitive damages; 8) Prejudgment interest on all monetary recovery obtained. h) All costs and attorney’s fees incurred in prosecuting these claims; and i) For such further relief as this Court deems just and equitable. COUNT JI—FCRA VIOLATION (DENIAL OF REASONABLE ACCOMMODATION) 24. Plaintiff realleges and readopts the allegations of Paragraphs | through 18 of this Complaint, as though fully set forth herein. 25. Plaintiff has a handicap, or was perceived by Defendant as having a handicap. 26. Defendant failed to provide Plaintiff with a reasonable accommodation for his handicap, and shortly thereafter, terminated his employment. 27. Defendant’s actions were willful and done with malice. , 28. Plaintiff was injured due to Defendant’s violations of the FCRA, for which Plaintiff is entitled to legal and injunctive relief. 4 WHEREFORE Plaintiff demands: 7 (a) A jury trial on all issues so triable; (b) That process issues and that this Court take jurisdiction over the case; JS (c) An injunction restraining continued violation of the law enumerated herein; (@) Compensation for lost wages, benefits, and other remuneration; (e) Reinstatement of Plaintiff to a position comparable to Plaintiff's prior position, or in the alternative, front pay; oO) Compensatory damages, including emotional distress, allowable at law; (g) Punitive damages; (h) Prejudgment interest on all monetary recovery obtained; @) All costs and attorney’s fees incurred in prosecuting these claims; and @ For such further relief as this Court deems just and equitable. COUNT Il] - FCRA RETALIATION 29. Plaintiff realleges and readopts the allegations of paragraphs | through 18 of this Complaint, as though fully set forth herein. 30. Plaintiff is a member of a protected class under the FCRA. 31 Plaintiff engaged in protected activity under the FCRA. 32 Defendant retaliated against Plaintiff for engaging in protected activity under the FCRA. / 33. Specifically, Defendant failed or refused to engage in an interactive discussion about accommodations, and subsequently denied Plaintiff a reasonable accommodation that would have permitted Plaintiff to perform all of the essential functions of his job with Defendant. 34. Defendant’s actions were willful and done with malice. 4 35. Defendant took material adverse action against Plaintiff. 36. Plaintiff was injured by Defendant’s violations of the FCRA, for which Plaintiff is entitled to legal and injunctive relief. J WHEREFORE, Plaintiff demands: a) A jury, trial on all issues so triable; b) That process issue and that this Court take jurisdiction over the case; c)” That this Court enter a declaratory judgment against Defendant, stating that Defendant retaliated against Plaintiff for exercising his rights under the FCRA; qd) Compensation for lost wages, benefits, and other remuneration; e) Reinstatement of Plaintiff to a position comparable to Plaintiff's prior position, with back pay plus interest, pension rights, and all benefits; Front pay; 8) Any other compensatory damages, including emotional distress, allowable at law; h) Punitive damages; i) Prejudgment interest on all monetary recovery obtained. dD All costs and attorney’s fees incurred in prosecuting these claims; and k) For such further relief as this Court deems just and equitable. JURY TRIAL DEMAND , 7 Plaintiff demands trial by jury as to all issues so triable. Dated this 9 day of September, 2022. 4 Respectfully, sibmitted, /s/ Ashwin R. Trehan ASHWIN R. TREHAN Florida Bar Number: 42675 WENZEL FENTON CABASSA P.A. 1110 N. Florida Avenue, Suite 300 é Tampa, FL 33602-3343 Main Number: (813) 224-0431 Direct Dial: (813) 774-3391 Facsimile: (813) 229-8712 Email: atrehan@wfclaw.com Email: tsoriano@wfclaw.com Attorneys for Plaintiff