UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 1:20-cv-22603-MGC

ERIK CHAVEZ, individually, and

on behalf of others similarly situated, 

Plaintiff,

vs.

GRILL ENTERPRISES, LLC, a 

Florida Limited Liability Company, d/b/a 

Los Parrilleros and Parrilleros Tavern, and 

RUBEN SIERRA, individually,

Defendants.

_________________________________/

DEFENDANT GRILL ENTERPRISES, LLC’S ANSWERS TO

PLAINTIFF’S FIRST SET OF INTERROGATORIES

Defendant, GRILL ENTERPRISES, LLC, by and through the undersigned counsel, and 

pursuant to Rule 34, Federal Rules of Civil Procedure, serves this, its response to Plaintiff’s First 

Interrogatories.

Respectfully submitted,

TODD W. SHULBY, P.A.

Todd W. Shulby, Esq.

1792 Bell Tower Lane 

Weston, Florida 33326

Telephone: (954) 530-2236

Facsimile: (954) 530-6628

E-mail: tshulby@shulbylaw.com

Counsel for Defendants

By: /s/Todd W. Shulby, Esq.

Florida Bar No.: 068365

Case 1:20-cv-22603-JG Document 167-1 Entered on FLSD Docket 05/04/2023 Page 1 of 3
12

RESPONSE:

Plaintiff’s request for “the factual basis for each affirmative defense” is the epitome of an 

unabated fishing expedition aimed at purely harassing and burdening Defendant. At bottom, this 

request is not reasonably specific nor narrowly tailored and, as such, is inappropriate and improper 

as phrased. See TIC Park Centre 9, LLC v. Cabot, Case No. 16-24569-Civ-COOKE/TORRES, 

2017 WL 3034547, at *4 (S.D. Fla. July 18, 2017) (finding many of plaintiff’s discovery requests 

facially overbroad because there were no meaningful limitations on the documents requested) 

(citing to Great Lakes Transp. Holding, LLC, 2010 WL 5093746, at *6 (holding document requests 

were overly broad when the requests sought “all documents relating to claims and defenses”)). 

17. State whether you or any attorney or representative on your behalf has obtained statements, 

reports, releases, waivers memoranda or recordings from any person, which in any way relate to

the facts of this case or the matters alleged in the parties’ pleadings. If your answer is in the

affirmative, separately identify the author of each statement, report memoranda or recording; the 

person or persons to whom the statement, report memoranda or recording was issued, distributed, 

or otherwise provided; the present location and custodian of each such statement, report 

memoranda or recording; and state the date each such statement, report memoranda or recording 

was prepared.

RESPONSE:

No.

18. For each Plaintiff,state the specific amount of the tip credit which the employer took during 

any distinct period of time during which a tip credit was taken, and detail the manner by which 

said Plaintiff was advised of the tip credit for each such period of time.

RESPONSE:

Pursuant to Rule 33(d), Fed.R.Civ.P., Defendant has already produced time and payroll 

records to Plaintiff showing that Plaintiff was paid the minimum wage and availed itself of the 

allowable tip credit under the FLSA. The payroll records show the tipped hours worked, the wage 

paid for tipped hours, and the tip credit taken for tipped hours. Further responding, Plaintiff was

informed of the payroll procedures and tip credit, received his paychecks on a regular basis and 

never complained and/or asked questions about the tip credit and/or minimum wage that he was 

paid. Defendant availed itself of the full tip credit allowable under the FLSA.

19. Describe the basis for Plaintiff’s termination from employment with the Employer.

RESPONSE:

N/A. Plaintiff was not terminated he voluntarily resigned.

Case 1:20-cv-22603-JG Document 167-1 Entered on FLSD Docket 05/04/2023 Page 2 of 3
DECLARATION OF DEFENDANT 

I have read the foregoing answers to interrogatories and do declare under penalty ofperjury 

that they are true and correct to the best of my knowledge and belief. 

14 

REUBEN SIERRA, for 

GRILL ENTERPRISES, LLC, a 

Florida Limited Liability Company, 

d/b/a Los Parrilleros and Parrilleros Tavern 

Date: -------------

Case 1:20-cv-22603-JG Document 167-1 Entered on FLSD Docket 05/04/2023 Page 3 of 3