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Filing# 104287633 E-Filed 03/03/2020 10:21:33 PM

FORM 1.997. CIVIL COVER SHEET

The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of

pleadings or other documents as required by law. This form must be filed by the plaintiff or petitioner with the

Clerk of Court for the purpose of reporting data pursuant to section 25.075, Florida Statutes. (Sec instructions

for completion.)

I. CASE STYLE

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

Case No.:.

Judge:

VALESKA FERRER

Plaintiff

vs. RADIUS INTERNATIONAL. INC.

Defendant

AMOUNT OF CLAIM

Please indicate the estimated amount of the claim rounded to the nearest dollar $30.001

II.

TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the

most descriptive label is a subcategory (is indented under a broader category), place an x on both the main

category and subcategory lines.

. Malpractice - other professional

Condominium M Other

. Contracts and indebtedness

Eminent domain

Auto negligence

Negligence - other

Business governance

Business torts

Environmental/Toxic tort

Third party indemnification

Construction defect

Mass tort

, Negligent security

. Nursing home negligence

Premises liability - commercial

Premises liability -residential

Products liability

Real Property/Mortgage foreclosure

Commercial foreclosure

Homestead residential foreclosure

Non-homestead residential foreclosure

. Other real property actions

Professional malpractice

, Malpractice - business

Malpractice - medical

Antitrust/Trade Regulation

Business Transaction

Circuit Civil - Not Applicable

Constitutional challenge-statute or ordinance

Constitutional challenge-proposed amendment

Corporate Trusts

Discrimination-employment or other

Insurance claims

Intellectual property

Libel/Slander

Shareholder derivative action

Securities litigation

Trade secrets

Trust litigation

n

County Civil

Small Claims up to $8,000

Civil

Replevins

Evictions

Other civil (non-monetary)

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COMPLEX BUSINESS COURT

This action is appropriate for assignment to Complex Business Court as delineated and mandated by the

Administrative Order. Yes DNolE

REMEDIES SOUGHT (check all that apply):

C3 Monetary;

J8 Non-monetary declaratory or injunctive relief;

jg. Punitive

IV.

NUMBER OF CAUSES OF ACTION:

(Specify)

V.

1

IS THIS CASE A CLASS ACTION LAWSUIT?

Yes

K No

VI.

HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?

M No

Yes - If "yes" list all related cases by name, case number and court:

VII.

IS JURY TRIAL DEMANDED IN COMPLAINT?

Jg Yes

No

VIII.

I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and

that I have read and will comply with the requirements of Florida Rule of Judicial Administration 2.425.

Signature: s/ Alberto Naranio

Attorney or party

FL Bar No.: 0092923

(Bar number, if attorney)

Alberto Naranio

(Type or print name)

Date: 03/03/2020

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Filing # 104287633 E-Filed 03/03/2020 10:21 :33 PM

IN THE CIRCUIT COURT IN AND FOR

MIAMI-DADE COUNTY, FLORIDA

CIVIL DIVISION

)

VALESKA FERRER, )

)

Plaintiff, )

)

CASE NO.: )

vs.

)

RADIUS INTERNATIONAL, INC. )

)

Defendant. )

COMPLAINT

Plaintiff, Valeska Ferrer, ("Plaintiff"), brings this action against Defendant, Radius

International, Inc., alleging as follows:

NATURE OF ACTION

1. This action is brought under the Fair Labor Standards Act, 29 U.S.C. § 201, etseq.

(the "FLSA"), to recover damages above $30,000.00.

JURISDICTION AND VENUE

2. The court has jurisdiction pursuant to Fla. Stat. § 26.012, 29 U.S.C. §201 et seq.,

and 29 U.S.C. 216(b).

3. The actions giving rise to this suit occurred in Miami-Dade County, Florida. See

Fla. Stat. §47.011

4. Plaintiff is a resident of Miami-Dade County, Florida at all times relevant to this

action.

5. Defendant conducted business in Miami-Dade County, Florida at all times relevant

to this action. Defendant is a shipping company.

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COVERAGE

6. At all material times relevant to this action, Defendant Radius International, Inc.

("Defendant Radius") was an enterprise covered by the FLSA, and as defined by 29 U.S.C. §

203(r) and 203(s).

7. At all times relevant to this action, Plaintiff Ferrer was an employee of Defendant

Radius within the meaning of the FLSA 29 U.S.C. §203(c).

8. At all material times relevant to this action, Defendant Radius was an employer as

defined by 29 USC§ 203(d).

9. During all material times, Defendant Radius employed two or more people engaged

in commerce, handling or otherwise working on materials which have been moved in or produced

for interstate commerce.

1 0. During all material times, Defendant Radius had an annual gross volume of sales

made or business done of not less than $500,000 (exclusive of excise taxes at the retail level which

are separately stated).

1 1 . During all times material, Defendant Radius accepted payments from customers

based on credit cards issued by out-of-state banks.

COUNT I - OVERTIME (FLSA!

12. Plaintiff Valcska Ferrer incorporates the allegations set forth in Paragraphs 1

through 11 as if set forth fully herein.

13. On or about March 19, 2017, Plaintiff Valeska Ferrer ("Plaintiff Ferrer") began

employment with Defendant Radius.

14. As an employee of Defendant Radius, Plaintiff Ferrer had no power to hire or fire

other employees.

2

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15. Plaintiff Ferrer never did employee payroll, nor did she have input regarding

employee scheduling for Defendant Radius.

16. Plaintiff Ferrer did not direct the work of two or more employees of Defendant

Radius.

17. Plaintiff Ferrer's primary duties did not include the exercise of discretion and

independent judgment with respect to matters of significance.

18. Plaintiff Ferrer called customers and arranged for pickups.

1 9. Throughout her employment, PlaintiffFerrer worked overtime hours for which she

received no compensation, in violation of the FLSA.

20. Defendant Radius monitors Plaintiff Ferrer's work hours, and Defendant Radius is

aware that Plaintiffregularly worked overtime hours for which she did not receive overtime pay.

21. As a result of Defendant's intentional, willful and unlawful acts by refusing to pay

Plaintiff Ferrer overtime in violation of the FLSA, Plaintiff Ferrer has suffered damages plus

incurring reasonable attorneys' fees and costs.

22. As a result of Defendant's willful violation of the Fair Labor Standards Act,

Plaintiff Ferrer is entitled to unpaid overtime and liquidated damages.

WHEREFORE, Plaintiff Ferrer prays for an award of (i) payment for all overtime hours

worked; (ii) an equal amount as liquidated damages; and (iii) reasonable attorney's fees and costs.

Respectfully submitted,

/s Nnamdi Jackson

Nnamdi S. Jackson

Fla. Bar No. 99804

The Law Office of Nnamdi S. Jackson, P.A.

2645 Executive Park Drive, suite 340

Weston, FL 33331

(954) 670-1267

njackson@nsjlawoffice.com

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J

/s/Alberto Naranio

AN Law Firm, P.A.

7900 Oak Ln # 400 AN Law

Miami Lakes, FL

United States

Office: 305-942-8070

Email: AN@ANLawFirm.com

Counsel for Plaintiffs

1-5888

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Filing # 104815662 E-Filed 03/12/2020 06:40:25 PM

IN THE CIRCUIT COURT IN AND FOR

MIAMI-DADE COUNTY, FLORIDA

CIVIL DIVISION

)

VALESKA FERRER, )

)

Plaintiff, )

)

vs. ) CASE NO.: 2020-005064-CA-01

)

RADIUS INTERNATIONAL, INC., )

)

Defendant. )

SUMMONS IN A CIVIL CASE

TO: RADIUS INTERNATIONAL, INC., through its Registered Agent:

John Deschamps

1500 NW 89th CT STE 111-A

Doral, FL 33 1 72

YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S ATTORNEY:

Alberto Naranjo

AN Law Firm, P.A.

7900 Oak Ln # 400 AN Law

Miami Lakes, FL 33016

an answer to the complaint which is herewith served upon you, within 20 days after service of

this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default

will be taken against you for the relief demanded in the complaint. You must also file your

answer with the Clerk of this Court within a reasonable period of time after service.

CLERK DATE

(BY) DEPUTY CLERK

Case 1:20-cv-21825-JAL Document 1-1 Entered on FLSD Docket 05/01/2020 Page 7 of 9
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Filing # 104815662 E-Filed 03/12/2020 06:40:25 PM

IN THE CIRCUIT COURT IN AND FOR

MIAMI-DADE COUNTY, FLORIDA

CIVIL DIVISION

)

VALESKA FERRER, )

)

Plaintiff, )

)

vs. ) CASE NO.: 2020-005064-CA-01

)

RADIUS INTERNATIONAL, INC., )

)

Defendant. )

SUMMONS IN A CIVIL CASE

TO: RADIUS INTERNATIONAL, INC., through its Registered Agent:

John Deschamps

1500 NW 89th CT STE 111-A

Doral, FL 33172

YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S ATTORNEY:

Alberto Naranjo

AN Law Firm, P.A.

7900 Oak Ln # 400 AN Law

Miami Lakes, FL 33016

an answer to the complaint which is herewith served upon you, within 20 days after service of

this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default

will be taken against you for the relief demanded in the complaint. You must also file your

answer with the Clerk of this Court within a reasonable period of time after service.

WT- ' Vs3/1 7/2020 1*9401 V 1 U J- ut CLERK ATE

v ,

(BY) DEPUTY CLERK

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Filing# 105897298 E-Filed 04/06/2020 12:13:53 PM

1 | 0 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.

IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY. FLORIDA.

DIVISION

0 CIVIL

j Q DISTRICTS

OTHER

» 1 TM

j PLAINTIFF(S)

I VALESKA FERRER

CASE NUMBER WAIVER OF SERVICE OF PROCESS

(c) Forms for Services by Mail.

(2) Waiver of Service of Process.

2020-005064-CA-01

VS. DEFENDANT(S)

RADIUS INTERNATIONAL, INC.

CLOCK IN

rTO: Jeff Piper; Insperity c/o Radius International. Inc.

I acknowledge receipt of your request that I waive service of process in the lawsuit of VALESKA FERRER

RADIUS INTERNATIONAL, INC.

v

in the 0 Circuit CI County Court in MIAMI-DADE COUNTY | ^373 also received a copy of

the complaint, two copies of this waiver, and a means by which I can return the signed waiver to you without cost to me.

I agree to save the cost of service process and an additional copy of the complaint in this lawsuit by not requiring that I. (or the entity

! on whose behalf I am acting), be served with judicial process in the manner provided by Fla. R. Civ. P. 1.070.

If I am not the defendant to whom the notice of lawsuit and waiver of service of process was sent, and my authority to accept service I on behalf of such person or entity is as follows I declare that my relationship to the entity or person to whom the notice was sent and i my authority to accept service on behalf of such person or entity is as follows

(describe relationship to person or entity and authority to accept service) __Coonis&l -Ton Dcfendaor =

I. (or the entity on whose behalf I am acting), will retain all defense or objections to the lawsuit or to the jurisdiction or venue of

the court except for any objections based on a defect in the summons or in the service of the summons.

i I understand that a judgment may be entered against me. (or the party on whose behalf I am acting), if a written response is not

served upon you within 60 days from the date I received the notice of lawsuit and request for waiver of service of process.

DATED ON PpfiL ^,202-0

Defendant or Defendant's Representative

toqrp} UjgrniLu, Cy.LUS>-- Fureo fcmsbPKgj P-fl .

' AMERICANS WITH DISABILITIES ACT OF 1990

ADA NOTICE

"If you are a person with a disability who needs any accommodation in order to

j participate in this proceeding, you are entitled, at no cost to you, to the provision of

i certain assistance. Please contact the Eleventh Judicial Circuit Court's ADA Coordinator,

I Lawson E. Thomas Courthouse Center, 175 NW 1st Ave., Suite 2702, Miami, FL 33128,

' Telephone (305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355 at least 7 days before

your scheduled court appearance, or immediately upon receiving this notification if the j

| time before the scheduled appearance is less than 7 days; if you are hearing or voice

| impaired, call 711." j

CLK/CT 914 Rev 12/11 Clerk's web address: www miami-dadeclerk corn

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