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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 1:20-cv-21773-FAM

GUSTAVO PEREZ, 

Plaintiff, 

v. 

FLORIDA BEAUTY FLORA, INC., a Florida for

Profit corporation, RONEN KOUBI, an individual, 

and RALPH MILMAN, an individual, 

Defendants. 

__________________________________________/

STATEMENT OF MATERIAL FACTS

Defendants, FLORIDA BEAUTY FLORA, INC., RALPH MILMAN & RONEN KOUBI 

(together the “Defendants”), by and through undersigned counsel, pursuant to United States 

District Court for the Southern District of Florida pursuant to Federal Rule of Civil Procedure 56 

and Local Rule 56.1(a) files their Statement of Material Facts in support of their Motion for 

Summary Judgment against Plaintiff, GUSTAVO PEREZ, (“Plaintiff”). Defendants submit the 

following statement of material facts and contend there is no genuine issue to be tried. 

1. This case involves a dispute wherein the Plaintiff alleges that Defendants violated 

the Fair Labor Standards Act. ECF No. 1, at ¶ 1.

2. Defendant FLORIDA BEAUTY FLORIDA, INC. (“Florida Beauty”) is a Florida 

Profit Corporation that employed Plaintiff. ECF No. 1, at ¶ 8; ECF No. 17, at ¶ 8.

3. Florida Beauty is covered by the FLSA. ECF No. 1, at ¶ 11; ECF No. 17, at ¶ 11. 

4. Defendants are engaged in the movement of goods in commerce. ECF No. 1, at ¶ 

11; ECF No. 17, at ¶ 11.

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5. Florida Beauty is an employer under the FLSA and employed Plaintiff until 

February 14, 2020. ECF No. 1, at ¶ 12, 22; ECF No. 17, at ¶ 12, 22. 

6. Plaintiff was employed in Sales. ECF. No. 1, at ¶17; Declaration of Ari Afek, 

Director of Human Resources dated January 11, 2020, at ¶ 6 [hereinafter “Afek Declaration”]. 

7. At the times alleged in the lawsuit (the “Relevant Time Period”) Defendants 

RONEN KOUBI and RALPH MILMAN were officers of Florida Beauty. Declaration of Ronen 

Koubi dated January 11, 2020, at ¶ 1–2 [hereinafter “Koubi Declaration”]; Declaration of Ralph 

Milman dated January 11, 2020, at ¶ 1–2 [hereinafter “Milman Declaration”].

8. Florida Beauty is a transportation, logistics and warehouse distribution company

providing services throughout the United States. Koubi Declaration, at ¶ 3.

9. On or about May 13, 2020, the Plaintiff filed its Statement of Claim. ECF No. 9. 

10. In its Statement of Claim, Plaintiff defines the Relevant Time Period as April 28, 

2017 to April 28, 2020. ECF No. 9, at Ln. 3. 

11. In 2017, Plaintiff was paid a salary of $110,000.02. ECF No. 9, at pg. 2 Ln. 7; Afek 

Declaration, at ¶ 4.a; Composite Exhibit 2, at 1. 

12. In 2017, Plaintiff was paid a salary of $2,115.38 per week. Afek Declaration, at ¶ 

4.a.

13. In 2018, Plaintiff was paid a salary of $121,583.47. ECF No. 9, at pg. 3 Ln. 3; Afek 

Declaration, at ¶ 4.b.; Composite Exhibit 2, at 2.

14. In 2018, Plaintiff was paid a salary of $2,337.25 per week. Afek Declaration, at ¶ 

4.b.

15. In 2019, the Plaintiff was paid a salary of $125,175.00. ECF No. 9, at pg. 3 Ln. 20; 

Afek Declaration, at ¶ 4.c.; Composite Exhibit 2, at 3–4.

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16. Plaintiff received a $5,000.00 bonus in 2019. Afek Declaration, at ¶ 4.c.; Composite 

Exhibit 2, at 3.

17. In 2019, Plaintiff received weekly salary compensation of $2,407.21. Afek 

Declaration, at ¶ 4.c.

18. Plaintiff worked six weeks in the calendar year 2020. ECF No. 9, at pg. 4 Ln. 15; 

Afek Declaration, at ¶ 4.d.

19. Plaintiff was paid $20,000.00 in 2020, receiving $3,333.33 per week of work.

1 Afek 

Declaration, at ¶ 4.e.; Composite Exhibit 2, at 4. 

20. At all times during the Relevant Time Period the Plaintiff was compensated by 

salary that exceeded $684.00 per week. Afek Declaration, at ¶ 5; Composite Exhibit 2, at 1–4.

21. At all times during the Relevant Time Period the annual compensation of the 

Plaintiff exceeded $107,432 per annum. Afek Declaration, at ¶ 5; Composite Exhibit 2, at 1–4.

22. Plaintiff was the manager of the floral department within Florida Beauty’s 

overacting sales department during the entire relevant time period. Koubi Declaration, at ¶ 4; 

Composite Exhibit 4, at bate FBF Am. RFP 0050. 

23. Sales is a customarily recognized department at Florida Beauty. Afek Declaration, 

¶ 16.

24. Throughout the relevant time period and through the present, the floral department 

is critical to Florida Beauty’s business. Koubi Declaration, at ¶ 12. 

25. During the relevant time period, Plaintiff was the highest paid employee in the 

floral department. Koubi Declaration, at ¶ 6; Afek Declaration, at ¶ 15.

1 This represents an annual salary of $173,333.33 when extrapolated. 

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26. Plaintiff’s own LinkedIn profile holds himself out to the public as a manager at 

Florida Beauty. Koubi Declaration, at ¶ 5; Composite Exhibit 4, at bate FBF Am. RFP 0050. 

27. Plaintiff role was as sales manager routinely managing a staff of at least two full 

time employees, including customer service staff. Afek Declaration, at ¶15; Koubi Declaration, 

at ¶ 6. 

28. In the sales department, Plaintiff worked in an office performing non-physical 

related labor related to management or general business operations of Florida Beauty and its 

customers in this crucial aspect of Florida Beauty’s business. Koubi Declaration, at ¶ 8, 12; Afek 

Declaration, at 6.

29. Plaintiff’s primary responsibilities included exercising of discretion and 

independent judgment regarding negotiating and setting customer freight prices, customer 

minimums and credits, and shipment times. Afek Declaration, at ¶ 7; Koubi Declaration, at ¶ 9.c.; 

Composite Exhibit 4, at bate FBF Am. RFP 0044; 0049.

30. Plaintiff reported directly to Mr. Koubi, President of Florida Beauty, or Mr. 

Milman, a high-ranking officer of Florida Beauty. Koubi Declaration, at ¶ 14; Milman Declaration 

14.

31. It also included managing multiple subordinate employees, their work schedule and 

scheduling requests. Afek Declaration, at ¶ 7; Koubi Declaration, at ¶ 9.a.

32. It also included reviewing, suggesting and recommending pay rates, pay raises and 

their effective dates, and disciplinary review for subordinate employees. Afek Declaration, at ¶ 19, 

22, 25–29; Koubi Declaration, at ¶ 9.a.

33. Plaintiff’s recommendations for personnel changes were given particular weight 

and consideration due to his position in the department and the trust he had from upper

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management. Afek Declaration, at ¶ 9; Koubi Declaration, at ¶ 13, 15; Milman Declaration, at ¶ 

15. 

34. Plaintiff recommended personnel hiring and their prospective schedules on many 

occasions. Afek Declaration, at ¶ 9; Composite Exhibit 4, at bate FBF Am. RFP 0144.

35. Plaintiff also performed employee reviews and recommended firing or transfers out 

of Plaintiff’s sales department. Afek Declaration, at ¶ 10–11.

36. His recommendations resulted in employee discipline, transfers, and terminations.

Afek Declaration, at ¶ 12–13; Exhibit 3, Def.’s Amended Responses to Pl.’s First Set of 

Interrogatories, at pg. 2 No. 4. 

37. Plaintiff’s regular employee recommendations were often followed by Florida 

Beauty. Afek Declaration, at ¶ 14.

38. For employees in Plaintiff’s department, employees would report absences or 

tardiness directly to Plaintiff. Afek Declaration, at ¶ 25. 

39. When requesting leave of absences, employees within Plaintiff’s department would 

routinely obtain Plaintiff’s signature as “supervisor” on the form. Afek Declaration, at ¶ 26. 

40. Plaintiff had authority on personnel decisions or enjoyed a great deal of weight in 

his recommendations to upper management. Afek Declaration, at ¶ 9, Koubi Declaration, at ¶ 9.a.

41. At all times during the relevant period, Plaintiff regularly managed at least two full 

time employees. Afek Declaration, at ¶ 19–20. 

42. Plaintiff regularly directed his multiple subordinate employees’ work and took 

responsibility and ownership over “his” department. Afek Declaration, at ¶ 19, 21.

43. Plaintiff at all times knew and recognized that his duties greatly exceeded those of 

the sales personnel he managed. Afek Declaration, at ¶ 17.

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44. Additionally, Plaintiff effectively managed the floral department’s business. Koubi 

Declaration, at ¶ 19; Afek Declaration, at ¶ 18.

45. Plaintiff implemented and enforced company policies for his area, such as the 

claims policy for flower shipments. Afek Declaration, at ¶ 32; Composite Exhibit 12, at bate FBF 

RFP 0228. 

46. Plaintiff regularly reported and handled employee grievances and safety concerns. 

Afek Declaration, at ¶ 32; Composite Exhibit 12, at bate FBF RFP 0130; 0193. 

47. This management included the responsibility of receiving, handling, and resolving

customer complaints, disputes, and issues. Koubi Declaration, at ¶ 18.

48. The President of Florida Beauty entrusted Plaintiff with a great deal of discretion. 

Koubi Declaration, at ¶ 15.

49. When Plaintiff negotiated a rate for client satisfaction, the President of Florida 

Beauty rarely disputed a rate Plaintiff offered. Koubi Declaration, at ¶ 16–17. 

50. Plaintiff would inform upper management of rate changes as largely a formality. 

Koubi Declaration, at ¶ 16.

51. Plaintiff would provide the rates to Mr. Afek, Director of Human Resources, who 

had the authority to input the rates into the computer systems. Koubi Declaration, at ¶ 17; Afek 

Declaration, at ¶ 8; Exhibit 5, Def.’s Response to Pl.’s Second Set of Interrogatories, at pg. 3–4 at 

Nos. 4–5. 

52. By Plaintiff’s own words, Plaintiff was responsible for managing the flower 

department and its “claims, sales and accounting.” Composite Exhibit 4, at bate FBF Am. RFP 

0048, lns. 5–6; Afek Declaration, at ¶ 18, 30.

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53. Plaintiff also acknowledged representing that department (and its at least 3 

employees) internally and externally. Afek Declaration, at ¶ 18, 30; Composite Exhibit 10, at bate 

FBF RFP 177. 

Dated: January 11, 2021

Respectfully submitted, 

AINSWORTH + CLANCY, PLLC

801 Brickell Avenue, 8th Floor

Miami, Florida 33131

Telephone: (305) 600-3816

Facsimile: (305) 600-3817

Counsel for Defendants

By: /s Ryan Clancy

Ryan Clancy, Esq. 

Florida Bar No. 117650

Email: ryan@business-esq.com

Email: info@business-esq.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 11th day of January 2020, the foregoing Statement of 

Material Facts was electronically filed with the Clerk of Court using CM/ECF. I also certify that 

the foregoing document is being served this day on all counsel of record identified below, either 

via transmission of Notice of Electronic Filing generated by CM/ECF or in some other authorized 

manner for those counsel or parties who are not authorized to receive electronically Notices of 

Electronic Filing: 

SERVICE LIST

Law Office of Lowell J. Kuvin

Lowell Kuvin

Florida Bar No. 53072

Case 1:20-cv-21773-FAM Document 45 Entered on FLSD Docket 02/10/2021 Page 7 of 8
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17 East Flagler St., Suite 223

Miami, Florida 33131

Telephone: 305-358-6800

lowell@kuvinlaw.com

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