UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.:

JOSE RIVERA, 

JULIETTE CABRERA BERNAL, 

Plaintiffs,

v.

MARBLE OF THE WORLD INC. D/B/A

MARBLE OF THE WORLD, THE STONE

COLLECTION TX, LLC A/K/A THE STONE

COLLECTION, LLC, CHARLES URSO, 

Defendants.

_____________________________________/

COMPLAINT

{Jury Trial Demanded}

Plaintiffs, JOSE RIVERA and JULIETTE CABRERA BERNAL, bring this action against

Defendants, MARBLE OF THE WORLD INC. D/B/A MARBLE OF THE WORLD, THE 

STONE COLLECTION TX, LLC A/K/A THE STONE COLLECTION, LLC,

1

and CHARLES 

URSO, pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C § 201 et seq., and allege as 

follows:

1. Jurisdiction is conferred on this Court by 28 U.S.C. § 1331 and 29 U.S.C. § 216(b).

2. At all times material hereto, Plaintiffs JOSE RIVERAand JULIETTE CABRERA 

BERNAL were residents of the State of Florida and “employees” of Defendants as defined by the 

FLSA.

1 Plaintiff JULIETTE CABRERA BERNAL’s claims are brought solely against Defendant THE 

STONE COLLECTION TX, LLC A/K/A THE STONE COLLECTION, LLC.

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3. At all times material hereto, Plaintiffs engaged in interstate commerce on a regular and 

recurring basis within the meaning of the FLSA.

4. At all times material hereto, Defendant, MARBLE OF THE WORLD INC. D/B/A 

MARBLE OF THE WORLD, was a Florida corporation with its principal place of business in 

South Florida, engaged in commerce in the field of marbles sales and distribution, at all times 

material hereto was the “employer” of Plaintiffs as that term is defined under statutes referenced 

herein, engaged along with its employees in interstate commerce, and has annual gross sales and/or 

business volume of $500,000 or more.

5. At all times material hereto, Defendant, THE STONE COLLECTION TX, LLC A/K/A 

THE STONE COLLECTION, LLC, was a foreign profit corporation engaged in business in South 

Florida, engaged in commerce in the field of marbles sales and distribution, at all times material 

hereto was the “employer” of Plaintiffs as that term is defined under statutes referenced herein, 

engaged along with its employees in interstate commerce, and has annual gross sales and/or 

business volume of $500,000 or more.

6. The STONE COLLECTION TX, LLC A/K/A THE STONE COLLECTION, LLC is the 

successor entity TO MARBLE OF THE WORLD INC. D/B/A MARBLE OF THE WORLD; THE 

STONE COLLECTION TX, LLC A/K/A THE STONE COLLECTION, LLC and its owners had 

notice of MARBLE OF THE WORLD INC. D/B/A MARBLE OF THE WORLD’s liability under 

the FLSA before the change in entity occurred; there exists a substantial continuity of business 

operations between MARBLE OF THE WORLD INC. D/B/A MARBLE OF THE WORLD and 

THE STONE COLLECTION TX, LLC A/K/A THE STONE COLLECTION, LLC; THE STONE 

COLLECTION TX, LLC A/K/A THE STONE COLLECTION, LLC operates at the same location 

as did MARBLE OF THE WORLD INC. D/B/A MARBLE OF THE WORLD; THE STONE 

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COLLECTION TX, LLC A/K/A THE STONE COLLECTION, LLC uses the same or 

substantially the same work force as did MARBLE OF THE WORLD INC. D/B/A MARBLE OF 

THE WORLD; THE STONE COLLECTION TX, LLC A/K/A THE STONE COLLECTION, LLC

uses the same or substantially the same supervisory personnel as MARBLE OF THE WORLD 

INC. D/B/A MARBLE OF THE WORLD; THE STONE COLLECTION TX, LLC A/K/A THE 

STONE COLLECTION, LLC employs the same jobs under substantially the same working 

conditions as did MARBLE OF THE WORLD INC. D/B/A MARBLE OF THE WORLD; THE 

STONE COLLECTION TX, LLC A/K/A THE STONE COLLECTION, LLC uses the same 

machinery, equipment, and methods of production as did MARBLE OF THE WORLD INC. 

D/B/A MARBLE OF THE WORLD; THE STONE COLLECTION TX, LLC A/K/A THE STONE 

COLLECTION, LLC produces the same products as did MARBLE OF THE WORLD INC. D/B/A 

MARBLE OF THE WORLD; THE STONE COLLECTION TX, LLC A/K/A THE STONE 

COLLECTION, LLC has expressly and/or impliedly assumed MARBLE OF THE WORLD INC. 

D/B/A MARBLE OF THE WORLD’S LIABILITIES; and THE STONE COLLECTION TX, LLC 

A/K/A THE STONE COLLECTION, LLC is a mere continuation of MARBLE OF THE WORLD 

INC. D/B/A MARBLE OF THE WORLD.

7. Defendant, CHARLES URSO, is a resident of Broward County, Florida and was, and now 

is, a manager of Defendant, MARBLE OF THE WORLD INC. D/B/A MARBLE OF THE 

WORLD, controlled Plaintiffs’ duties, hours worked, and compensation, and managed the day-today operations of MARBLE OF THE WORLD INC. D/B/A MARBLE OF THE WORLD. 

Accordingly, CHARLES URSO was and is an “employer” of the Plaintiffs within the meaning of 

29 U.S.C. §203(d).

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8. Two or more of Defendants’ employees handled tools, supplies, and equipment 

manfuactured outside Florida in furthernace of their business including but not limited to phones, 

computers, computer monitors, computer keyboards, computer mice, pens, and paper.

9. Plaintiff JOSE RIVERA worked for Defendants as a sales account manager.

10. Plaintiff JULIETTE CABRERA BERNAL worked for Defendants as a customer service 

representative.

11. Defendants failed to pay Plaintiffs’ full and proper overtime wages of 1.5 times Plaintiffs’

regular hourly rate for hours worked over 40 each week.

12. Attached as Exhibit A and Exhibit B are preliminary calculations of Plaintiffs’ claims. 

These amounts may change as Plaintiffs engage in the discovery process.

13. Defendants have knowingly and willfully refused to pay Plaintiffs’ legally-entitled wages.

14. Plaintiffs have complied with all conditions precedent to bringing this suit, or same have 

been waived or abandoned.

15. Plaintiffs have retained the services of the undersigned and are obligated to pay for the 

legal services provided.

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COUNT I

VIOLATION OF FAIR LABOR STANDARDS ACT (“FLSA”)

ALL DEFENDANTS

16. Plaintiffs reallege and incorporate the allegations set forth in paragraphs 1-15 above as if

set forth herein in full.

17. Plaintiffs allege this action pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 216 (b), 

that Plaintiffs are entitled to: (i) time-and-a-half overtime pay and (ii) liquidated damages pursuant 

to the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. 

18. Plaintiffs seek recovery of damages as referenced above and further seek interest, costs, 

and attorneys’ fees pursuant to 29 U.S.C. § 216(b).

WHEREFORE, Plaintiffs demand judgment against Defendants, jointly and severally, plus 

costs, reasonable attorneys’ fees, and such other remedy as the court deems just and appropriate.

Respectfully submitted,

Koz Law, P.A.

320 S.E. 9th Street

Fort Lauderdale, Florida 33316

Phone: (786) 924-9929

Fax: (786) 358-6071

Email: ekoz@kozlawfirm.com

Elliot Kozolchyk, Esq.

Bar No.: 74791

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