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. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRlCT OF FLORrDA
FORT LAUDERDALE DMSION

HUGO J. VILLALOBOS,
Plaintiff,
v.
GULFSTREAM ACADEMY OF AERONAUTICS, INC; THOMAS L. COOPER; THOMAS P. COOPER; and MARK OTTOSEN;
Defendants.

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Civil Action No.

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Jury Trial Demanded

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COMPLAINT
Plaintiff, Hugo J. Villalobos ("Villalobos"), by the undersigned attorneys, makes the following avennents:
1. This is a civil action brought pursuant to the Unifo~ed Services Employment and Reemployment Rights Act of 1994,38 U.S.C. §§ 4301 - 4333 ("USERRA").
JURISDICTION AND VENUE 2. This Court has jurisdiction over the subj ect matter of tIris action pursuant to 38 U.S.C. § 4323(b). 3. Venue is proper in this district under 38 U.S,C. § 4323(c)(2) and 28 U.S.C. § 1391(b) because Defendants maintain a place ofbusiness in this judicial district.
PARTIES 4. Villalobos resides at 13212 S.W. 45 th Drive, Miramar, Florida 33027, within the

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jurisdiction of this Court. 5. Defendant Gulfstream Academy of Aeronautics, Inc. is located at 5302 N.W. 21 51
Ten-ace, Fort Lauderdale, Florida 33309, within the jmisdiction ofthi8 Court. 6. Defendant Thomas L. Cooper is one ofthe hvo owners of Defendant Gulfstream
Academy of Aeronautics, Inc. He can be located at 1815 Griffin Road, Suite 400, Dania, Florida 33004, within the jurisdiction ofthis Court.
7. Defendant Thomas P. Cooper is one of the two owners of Defendant Gulfstream Academy of Aeronautics, Inc. He can be located at 1815 Griffin Road, Suite 400, Dania, Florida 33004, within the jurisdiction of this Court.
8. Defendant Mark Ottosen is the president ofDefendant Gulfstream Academy of Aeronautics., Inc. He can be located at 5302 N.W. 21 51 Terrace, Fort Lauderdale, Florida 33309, within the jurisdiction ofthis Court;
9. Defendants Gulfstream Academy of Aeronautics, Inc., Thomas P. Cooper, Thomas L. Cooper, and Mark Ottosen are employers within the meaning of38 U.S.C. § 4303(4).
CLAIM: FOR RELIEF 10. Villalobos was hired to work for Gulfstream International Airlines Training Academy, Inc. ("GIATA") as the Director of Flight School Operations on May 8, 2000. GIATA was located at 5302 N.W. 21 st Street Terrace, Fort Lauderdale, Florida 33309. Defendants Thomas L..Cooper and Thomas P. Cooper were the ovmers of GIATA. hl or about 2001, Defendant Mark Ottosen became the president of GIATA. 11. In or about May 2000, Villalobos was made a General Manager at GIATA. 12. At the time he was hired to work for GIATA, Villalobos was a member of the Air Force Resenre ("the Resenre"). In this capacity, he performed mandatory military duties one

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weekend a month, in addition to an arumal tour of duty. Defendants Thomas L. Cooper and
Thomas P. Cooper knew about Villalobos's enlistment in the Reserve because it was listed on his
resume and application, 13. Between May 2000 and September 2000, one ofthe owners ofGIATA, Defendant
Thomas P. Cooper, made negative comments about Villalobos's military duty obligations. These negative comments included statements such as "Why do you have to go [for military activity with the Reserve]?" and "These games get in the way of work," or words to that effect.
14. Based on comments he received from one ofthe owners ofGIATA, such as those described in Paragraph 13, above, Villalobos took a leave of absence from the Reserve in September 2000,because he began to fear that he might suffer an adverse employment action at GIATA if he continued his military activity.
15. Villalobos againjoilled the Reserve in MaJch 2002. "16. After rejoining the Reserve, in approximately April 2002, Villalobos infomled Defendant Mark Ottosen that his fIrst mandatory Reserve duty was scheduled for May 19-20, 2002. In response, Defendant Mark Ottosen stated "1' 11 have to see about that," or words to that effect.
17. According to documents obtained from the website ofthe Florida Department of State, Division of Corporations, on or ahout April 24, 2002, GIATA changed its name to Gulfstream Academy ofAeronautics, Inc. Gulfstream Academy of Aeronautics, Inc. was located at 5302 N.W. 2pt Street Terrace, Fort Lauderdale, Florida 33309. Defendants Thomas P. Cooper and Thomas L. Cooper were the owners, and Defendant Mark Ottosen was the president, of Gulfstream Academy of Aeronautics, Inc.
18. Upon infonnation and belief, after GlATA changed its name to Gulfstream

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Academy of Aeronautics, Inc. ("GAA1"), Villalobos then worked for GAAl. 19. In mid-May 2002, Villalobos was notified by the Reserve that his alIDual tour of
duty was scheduled for June 3-7,2002. Villalobos immediately notified Defendant Mark Ottosen, the president of GAAl, of his upcoming tour of duty
20. According to documents obtained from the website of the Florida Department of State, Division of Corporations, on or about May 21, 2002, GAAI changed its name to Gulfstream Air Charter, Inc. Gulfstream Air Charter, Inc. is located at 1550 S.W. 43rd Street,
FOlt Lauderdale, Florida 33315. Defendants Thomas P. Cooper and Thomas 1. Cooper are the owners, and Defendant Mark Ottosen is the president, of Gulfstream Air Charter, Inc.
21. According to documents obtained from the website ofthe Florida Department of State, Division of Corporations, at the same time GAAl changed its name to Gulfstream Air Charter, Inc., Defendant Thomas P. Cooper established two new corporations, Gulfstream
Academy of Aeronautics, Inc. and Gulfstream Training Academy. Gulfstream Academy of
Aeronautics, Inc., a named Defendant in this action, is located at 5302 N.W. 21 sl Street TelTace, Fort Lauderdale, Florida 33309. Defendants Thomas P. Cooper and Thomas 1. Cooper are the
owners, and Defendant Mark Ottosen is the president, of Defendant Gulfstream Academy of Aeronautics, Inc.
22. Upon infonnation and belief, after the·creation ofDefendant Gulfstream Academy of Aeronautics, Inc. ("GAA2"), Villalobos then worked for GAA2. Villalobos performed the
same job duties and retained the same job title at GAA2 as he did at GAAl. 23. In an e-mail dated on or about May 28,2002, and sent at approximately 1:01 p.m.,
Villalobos reminded Defendant Mark Ottosen, the president ofGAA2, of Villalobos's upcoming rumual tour of duty.

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24. In an e-mail dated on or about May 28, 2002, and sent at approximately 5 p.m., Defendant Mark Ottosen, the president of GAA2, notified Villalobos that he was terminated from employment at GAA2, effective immediately.
25. On May 29,2002, in a meeting with Villalobos, Defendant Mark Ottosen, the
president of GAA2, told Villalobos that "since [Villalobos had] reserve obligations, [Villalobos was] the logical choice to let go," or words to that effect.
26. In correspondence dated June 13, 2002, Defendant Mark Ottosen informed Villalobos that he was temlinated effective May 28, 2002. This correspondence was drafted 011 stationary that bore the title "Gulfstream Academy of Aeronautics" and identified Defendant Mark Ottosen as "President."
27. Defendants violated Section 4311 ofUSERRA, among other ways, by denying Villalobos retention in employment and instead discharging him because of his membership in, or obligation to perform service in, a unifonned service.
28. As a result of Defendants' unlawful discharge of Villalobos, he has suffered
substantial loss of earnings and other benefits of employment.
PRAYER FOR RELIEF WHEREFORE, Villalobos prays that the Court enter judgment against the Defendants,
their officers, agents, employees, successors and all persons in active concert or participation with them, as follows:
29. Declare that Defendants' discharge of Villalobos was unlawful and in violation of USERRA;
30. Require that Defendants fully comply with. the provisions ofUSERRA by reinstating Villalobos at the level of seniority, status and compensation that he would have

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enjoyed had he remained employed continuously with the Defendants, and by paying Villalobos

for his loss of wages and other benefits suffered by reason of Defendants , failure or refusal to

comply with the provisions of this law;

31. Award Villalobos prejudgment interest on the amount of lost wages found due;

and

32. Grant such other and further relief as may be just and proper.

R. ALEXANDER ACOSTA·
Assistant Attorney General Civil Rights Division

BY:

DAVID J. PALMER (DC Bar No. 417834)

Chief

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WILLIAM B. F TON (DC Bar No. 414990)

SONYA A. RAO (MABarNo. 647170)

Attorneys
u.s. Department of Justice

Civil Rights Division

Employment Litigation Section

950 Pennsylvania Avenue, N.W.

Patrick Henry Building, Room 4920

Washington, DC 20530

Telephone: (202) 514-6269

Facsimile: (20 4-1005

United s Attomey
MARlLYNN KOONCE LINDSEY Assistant U.S. Attomey
500 East Broward Boulevard Suite 700 Fort Lauderdale, Florida 33394 (954) 356-7130 (Fax) (954) 356-7314

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 CLOSED

U.S. District Court Southern District of Florida (Ft. Lauderdale) CIVIL DOCKET FOR CASE #: 0:05-cv-60646-JIC

Villalobos v. Gulfstream Academy, et al Assigned to: Judge James I. Cohn Demand: $0 Cause: 42:1983 Civil Rights Act

Date Filed: 04/18/2005 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff Hugo J. Villalobos

represented by Marilynn Koonce Lindsey United States Attorney's Office 500 E Broward Boulevard 7th Floor Fort Lauderdale, FL 33301-3002 954-356-7314X3610 Fax: 356-7180 Email: MARILYNN.LINDSEY@USDOJ.GOV LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sonya A. Rao United States Department of Justice Civil Rights Division 950 Pennsylvania Avenue NW Washington, DC 20530 202-514-6269 Fax: 514-1005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William B. Fenton United States Department of Justice Civil Rights Division 950 Pennsylvania Avenue NW Washington, DC 20530 202-514-3168 Fax: 514-1005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Gulfstream Academy of Aeronautics, Inc.
Defendant Thomas P. Cooper
Defendant Mark Ottosen

represented by Eric Keith Gabrielle Stearns Weaver Miller Weissler Alhadeff & Sitterson 200 E Las Olas Boulevard New River Center Suite 2100 Fort Lauderdale, FL 33301 954-462-9500 Fax: 462-9567 Email: egabrielle@swmwas.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christina Abraham Varghese SolAmbit Law Group PLLC 700 South Andrews Avenue Fort Lauderdale, FL 33316 954-627-6623 Fax: 954-333-3884 Email: cvarghese@solambitlaw.com ATTORNEY TO BE NOTICED
represented by Eric Keith Gabrielle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christina Abraham Varghese (See above for address) ATTORNEY TO BE NOTICED
represented by Eric Keith Gabrielle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christina Abraham Varghese (See above for address)

Defendant Thomas L. Cooper

ATTORNEY TO BE NOTICED
represented by Eric Keith Gabrielle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christina Abraham Varghese (See above for address) ATTORNEY TO BE NOTICED

Date Filed 04/18/2005 04/18/2005 04/18/2005 04/18/2005 04/18/2005 04/22/2005
04/22/2005 04/22/2005
05/19/2005

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Docket Text

1 COMPLAINT filed; FILING FEE: WAIVED-Government ; Magistrate Judge Lurana S. Snow (gp, Deputy Clerk) (Entered: 04/20/2005)
2 SUMMONS(ES) issued for Gulfstream Academy (gp, Deputy Clerk) (Entered: 04/20/2005)
3 SUMMONS(ES) issued for Thomas L. Cooper (gp, Deputy Clerk) Modified on 04/25/2005 (Entered: 04/20/2005)
4 SUMMONS(ES) issued for Thomas P. Cooper (gp, Deputy Clerk) (Entered: 04/20/2005)
5 SUMMONS(ES) issued for Mark Ottosen (gp, Deputy Clerk) (Entered: 04/20/2005)
6 ORDER setting Jury trial set for 9:00 1/23/06 Calendar call set for 1:30 1/19/06 (Signed by Judge James I. Cohn on 04/22/05) [EOD Date: 4/25/05] CCAP (gp, Deputy Clerk) (Entered: 04/25/2005)
Attorney David J. Palmer, Esq., William Fenton, Esq. and Sonya A. Rao, Esq. have not been served with Order DE #6, address not found. (gp, Deputy Clerk) (Entered: 04/25/2005)
6 ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Lurana S. Snow (Signed by Judge James I. Cohn on 04/22/05) CCAP [EOD Date: 4/25/05] (gp, Deputy Clerk) (Entered: 04/25/2005)
7 NOTICE of attorney appearance for Gulfstream Academy,

05/19/2005
05/19/2005 06/01/2005
06/22/2005 06/23/2005 06/30/2005 06/30/2005 07/05/2005 07/06/2005 07/07/2005 07/08/2005

Thomas P. Cooper, Mark Ottosen, Thomas L. Cooper by Eric Keith Gabrielle, Christina Abraham Varghese (gp, Deputy Clerk) (Entered: 05/19/2005)
8 NOTICE of Unavailability by Gulfstream Academy, Thomas P. Cooper, Mark Ottosen, Thomas L. Cooper for dates of: 7/1/05, 7/5/05, 7/15/05, 7/18/05, 7/22/05, 7/25/05-7/29/05 (gp, Deputy Clerk) (Entered: 05/19/2005)
9 Answer and affirmative defenses by Gulfstream Academy, Thomas P. Cooper, Mark Ottosen, Thomas L. Cooper (gp, Deputy Clerk) (Entered: 05/19/2005)
10 Joint Scheduling Report of Scheduling Meeting by Hugo J. Villalobos, Gulfstream Academy, Thomas P. Cooper, Mark Ottosen, Thomas L. Cooper (gz, Deputy Clerk) (Entered: 06/02/2005)
11 NOTICE of Unavailability by Hugo J. Villalobos for dates of: 7/11/05 through 7/15/05 (gz, Deputy Clerk) (Entered: 06/23/2005)
12 NOTICE of Mediation Hearing on 8/11/05 at 10:30am Allene D Nicholson added as mediator (gp, Deputy Clerk) (Entered: 06/24/2005)
13 NOTICE of Unavailability by Gulfstream Academy, Thomas L. Cooper, Thomas P. Cooper, Mark Ottosen for dates of: 8/25/05, 8/26/05 and 8/29/05 (gz, Deputy Clerk) (Entered: 07/01/2005)
14 NOTICE of Hearing: Set scheduling conference for 2:00 7/20/05 before Magistrate Judge Lurana S. Snow (ss, Deputy Clerk) (Entered: 07/01/2005)
15 UNOPPOSED MOTION by Hugo J. Villalobos for leave to amend the complaint (ss, Deputy Clerk) (Entered: 07/05/2005)
16 NOTICE of Hearing: reset scheduling conference for 10:00 7/20/05 before Magistrate Judge Lurana S. Snow (cj, Deputy Clerk) (Entered: 07/07/2005)
18 ORDER granting [15-1] motion for leave to amend the complaint ( Signed by Judge James I. Cohn on 7/7/05) [EOD Date: 7/8/05] (cj, Deputy Clerk) (Entered: 07/08/2005)
17 JOINT MOTION by Hugo J. Villalobos, Gulfstream Academy, Thomas P. Cooper, Mark Ottosen, Thomas L. Cooper to appear by telephone at scheduling conference (gz, Deputy Clerk) (Entered: 07/08/2005)

07/11/2005 07/18/2005 07/28/2005 07/28/2005
08/09/2005 08/10/2005
08/10/2005

19 Answer and affirmative defenses by Gulfstream Academy, Thomas P. Cooper, Mark Ottosen (Attorney ), (cj, Deputy Clerk) (Entered: 07/11/2005)
20 ORDER denying [17-1] joint motion to appear by telephone at scheduling conference (Signed by Magistrate Judge Lurana S. Snow on 07/18/05) [EOD Date: 7/19/05] (gp, Deputy Clerk) (Entered: 07/19/2005)
21 ORDER referring case to mediation. 15 days to appoint mediator (Signed by Magistrate Judge Lurana S. Snow on 07/28/05) [EOD Date: 8/1/05] (gp, Deputy Clerk) (Entered: 08/01/2005)
22 SCHEDULING ORDER setting Deadline for filing of all dispositive pretrial motions by 11/28/05 Joint Pretrial Stipulation due on or before 12/16/05 Fact Discovery cutoff 10/31/05 ; (Signed by Magistrate Judge Lurana S. Snow on 07/28/05) [EOD Date: 8/1/05] CCAP (gp, Deputy Clerk) (Entered: 08/01/2005)
23 Joint STIPULATION of dismissal with prejudiceby Hugo J. Villalobos, Gulfstream Academy, Thomas P. Cooper, Thomas L. Cooper, Mark Ottosen (gz, Deputy Clerk) (Entered: 08/09/2005)
24 FINAL ORDER DISMISSING CASE WITH PREJUDICE RE: [23-1] dismiss/dismissal stipulation dismissing Cause with Prejudice with each party bearing its own attorneys' fees and costs. The Court retains jurisdiction to enforce the terms of the parties' settlement agreement. (Signed by Judge James I. Cohn on 08/10/05) [EOD Date: 8/11/05] (gp, Deputy Clerk) (Entered: 08/11/2005)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (gp, Deputy Clerk) (Entered: 08/11/2005)