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Scott Wagner & Associates, P.A. 

Complaint 

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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO.: 

BRIAN GOODNER, 

 Plaintiff, 

v. 

JAB KIDS, LLC, a Florida 

limited liability company, 

d/b/a WHOLESOME TUMMIES, 

and CHERYL A. BARRY, individually, 

 Defendants. 

______________________/ 

COMPLAINT 

 COMES NOW Plaintiff, BRIAN GOODNER, [herein referred to as “Plaintiff” or 

“Goodner”] by and through his undersigned attorney and hereby files this Complaint against 

Defendants JAB KIDS, LLC., a Florida limited liability company, d/b/a WHOLESOME 

TUMMIES, [herein referred to as “JAB KIDS”], and CHERYL A. BARRY, an individual 

[hereinafter, “BARRY”] [together and hereinafter collectively referred to as Defendants], and as 

grounds thereon states as follows: 

JURISDICTION, PARTIES AND VENUE 

1. This action is for damages resulting from unpaid wages owed and is brought, pursuant to 

The Fair Labor Standards Act 29 U.S.C. §§206 [FLSA] and civil theft pursuant to the 

applicable Florida Statutes. 

2. This court has original jurisdiction over this matter insofar as the matter involves a federal 

question, namely violation of 29 U.S.C. §§206. 

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Scott Wagner & Associates, P.A. 

Complaint 

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3. Plaintiff is a resident of Palm Beach County, Florida. 

4. Defendant JAB KIDS has a principal address at 2536 Glendale Court, Royal Palm Beach, 

Florida 33411. 

5. Individual Defendant CHERYL A. BARRY [“BARRY”] is believed to be a resident of 

Palm Beach County, Florida. 

6. This cause of action arose in Palm Beach County, Florida. 

7. Palm Beach County, Florida is proper venue for this action because Defendant JAB KIDS 

operates in Palm Beach County, individual Defendant CHERYL A. BARRY resides in 

Palm Beach County and Plaintiff resides in Palm Beach County, Florida; at all times 

material hereto, Plaintiff was employed by and had dealings with Defendants in Palm 

Beach County, Florida. 

8. Defendants failed to pay Plaintiff the mandatory wages as required under federal law. 

9. Defendants have an annual gross sales volume that exceeds the statutory requirements of 

$500,000.00 per annum. 

10. Defendants had business dealings with customers across state lines, and produced, 

received, shipped, and/or transported goods that were moving in interstate commerce, 

including credit card transactions, and regularly used postal system and/or telephone for 

interstate communications. 

11. Defendants at all times material hereto, were an enterprise engaged in interstate commerce 

or in the production of goods for commerce as defined in Section 3(r) and 3(s) of the Act. 

JOINT EMPLOYERS 

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Scott Wagner & Associates, P.A. 

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12. Defendant CHERYL A. BARRY is the Manager of JAB KIDS (See true and correct copy 

of Florida Department of State Division of Corporations Information on Jab Kids, attached 

hereto as Exhibit “A.”)

13. Defendant CHERYL A. BARRY operated aspects of the company, made company 

business and financial decisions, as well as controlled payment to employees, including the 

Plaintiff. 

14. Defendant JAB KIDS was an employer of Plaintiff. 

15. Defendant BARRY was also a joint employment in that she was in charge of payroll and 

financial matters, including paying wages and overtime. 

16. At all times relevant, Defendants were otherwise charged with the responsibility of paying 

wages to the Plaintiff and/or making decisions about and directing his work and paying 

wages. 

17. Defendants and each of them are employers under the definition of the Fair Labor 

Standards Act. 

COMMON ALLEGATIONS 

18. Plaintiff was employed as a chef from November 17, 2018 up to including his separation 

on October 17, 2019. 

19. Plaintiff is owed wages in the amount of One Thousand Six Hundred and 00/100 dollars 

($1,600.00) for the final two weeks of his employment with Jab Kids for the period: 10/3/19 

to 10/17/19. 

20. Plaintiff previously contacted Defendants to request for his final paycheck, but was met 

with physical threats by John C. Barry, the husband of Defendant BARRY and a Manager 

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Complaint 

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of JAB KIDS according to the Florida Department of State Division of Corporations [Ex. 

A]. 

21. To date, Plaintiff has yet to receive his final pay. 

22. In addition, Plaintiff also left personal equipment at the worksite, including: 3 sizzle plates, 

1 green & red handle watermelon knife, 1 black handled serrated bread knife, 2 chef knives, 

1 Santoku knife, his safe serve certification, 1 large magnet bar, and 1 orange box 

cutter/utility knife. The value of these items is estimated at $250.00 

23. To date, Defendants have failed to return these items to Plaintiff. 

24. On December 3, 2019, Plaintiff sent a demand letter to Defendants as required pursuant 

to Fla. Stat. 772.11(1). (See true and correct copy of demand letter, attached hereto as 

Exhibit “B.”)

25. To date, Defendants have failed to compensate Plaintiff for wages owed while employed 

with Defendants. 

COUNT I 

UNDERPAYMENT 

IN VIOLATION OF THE FLSA 29 USCA§ 206 

AGAINST JAB KIDS 

Plaintiff re-alleges and references each and every allegation contained in the preceding 

Paragraphs 1 through 25, and incorporates the same as set forth fully herein. 

26. Plaintiff is a covered employee entitled to compensation for all hours worked at the agreed 

upon rate. 

27. Plaintiff worked without the benefit of being paid the minimum wage as set forth in federal 

law. 

28. Defendant failed to compensate Plaintiff at least minimum wage. 

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29. The Defendant’s failure to properly compensate the Plaintiff is in violation of the Fair 

Labor Standards Act, pursuant to 29 U.S.C. §206. 

30. Defendant’s failure to pay Plaintiff proper wages was the result of intentional, willful 

misconduct, such that Plaintiff is entitled to minimum wage payments for the entire period 

of his employment. 

31. Plaintiff is also entitled to liquidated damages as set forth under the FLSA. 

32. As a direct and proximate result of the Defendant’s action, the Plaintiff obtained counsel 

to represent him in this action and has agreed to incur reasonable attorney’s fees and costs 

for the prosecution of this matter. As a result, Plaintiff is entitled to reimbursement and/or 

an award of reasonable attorney’s fees and costs pursuant to 29 U.S.C. §216. 

33. As a direct and proximate result of the Defendant’s action, the Plaintiff has suffered 

damages. 

34. As a result of Defendant’s conduct, Plaintiff is entitled to unpaid wages for overtime, 

liquidated damages, prejudgment interest, attorney’s fees and other penalties 

WHEREFORE, Plaintiff prays that judgment be entered in his favor and against the 

Defendant JAB KIDS as follows: That Plaintiff be awarded back wages, liquidated damages, 

prejudgment interest; that Plaintiff be awarded reasonable attorney’s fees and costs of suit pursuant 

to 29 U.S.C.A. §216; and that Plaintiff be awarded such other and further relief as the Court deems 

just and proper. 

COUNT II 

UNDERPAYMENT 

IN VIOLATION OF THE FLSA 29 USCA§ 206 

AGAINST CHERYL A. BARRY 

Plaintiff re-alleges and references each and every allegation contained in the preceding 

Paragraphs 1 through 25, and incorporates the same as set forth fully herein. 

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35. Plaintiff is a covered employee entitled to minimum wage compensation for all hours 

worked. 

36. Plaintiff worked without the benefit of being paid the minimum wage as set forth in federal 

law. 

37. Defendant failed to compensate Plaintiff at least minimum wage. 

38. The Defendant’s failure to properly compensate the Plaintiff is in violation of the Fair 

Labor Standards Act, pursuant to 29 U.S.C. §206. 

39. Defendant’s failure to pay Plaintiff proper wages was the result of intentional, willful 

misconduct, such that Plaintiff is entitled to minimum wage payments for the entire period 

of his employment. 

40. Plaintiff is also entitled to liquidated damages as set forth under the FLSA. 

41. As a direct and proximate result of the Defendant’s action, the Plaintiff obtained counsel 

to represent him in this action and has agreed to incur reasonable attorney’s fees and costs 

for the prosecution of this matter. As a result, Plaintiff is entitled to reimbursement and/or 

an award of reasonable attorney’s fees and costs pursuant to 29 U.S.C. §216. 

42. As a direct and proximate result of the Defendant’s action, the Plaintiff has suffered 

damages. 

43. As a result of Defendant’s conduct, Plaintiff is entitled to unpaid wages for overtime, 

liquidated damages, prejudgment interest, attorney’s fees and other penalties 

WHEREFORE, Plaintiff prays that judgment be entered in his favor and against the 

Defendant CHERYL A. BARRY as follows: That Plaintiff be awarded back wages, liquidated 

damages, prejudgment interest; that Plaintiff be awarded reasonable attorney’s fees and costs of 

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Complaint 

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suit pursuant to 29 U.S.C.A. §216; and that Plaintiff be awarded such other and further relief as 

the Court deems just and proper. 

COUNT III 

CIVIL THEFT PURSUANT TO FLA. STAT. § 772.11 

(ALL DEFENDANTS) 

Plaintiff re-alleges and references each and every allegation contained in the preceding 

Paragraphs 1 through 25, and incorporates the same as set forth fully herein. 

44. The Defendants failed to deliver payment of certain monies to the Plaintiff, as hereinabove 

described. 

45. The Defendants knowingly obtained or used, or endeavored to obtain or use, property 

(money) belonging to the Plaintiff with the intent of either temporarily or permanently 

depriving the Plaintiff of the right to and benefit of their property. 

46. The Defendants’ actions and/or omissions in that regard are tantamount to theft. 

47. As a direct and proximate result, the Plaintiff has suffered damages, including loss of 

money, loss of use of that money, and the costs of litigation. 

48. The Plaintiff has complied with the pre-suit requirements set out in Fla. Stat. § 772.11(1) 

by making written demand for treble damages to all Defendants and waiting at least thirty 

(30) days before filing this Complaint. 

49. As direct and proximate result of the Defendants’ actions and/or omissions, the Plaintiff 

has sustained and are entitled to damages. 

50. Plaintiff is entitled to judgment against the Defendants for “threefold the actual damages 

sustained,” as defined in Fla. Stat. § 772.11(1). 

51. Plaintiff seeks damages against the Defendants for actual losses and treble damages 

pursuant to Fla. Stat. § 772.11(1), interest, reasonable attorney’s and 772.11(1), and any 

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Scott Wagner & Associates, P.A. 

Complaint 

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further relief that this Honorable Court deems just and proper. 

52. Plaintiff further seeks attorney fees pursuant to Fla. Stat. § 772.11(1). 

WHEREFORE, the Plaintiff prays that judgment be entered in his favor and against the 

Defendants for all damages described above, including treble damages pursuant to Fla. Stat. § 

772.11(1), interest, reasonable attorney’s and 772.11(1), and any further relief that this Honorable 

Court deems just and proper. 

DEMAND FOR JURY TRIAL 

Plaintiff further demands a jury trial on all triable issues. 

Respectfully submitted this 12th day of June 2020. 

SCOTT WAGNER & ASSOCIATES, P.A. 

Jupiter Gardens 

 250 South Central Boulevard, Suite 104-A 

 Jupiter, FL 33458 

 Telephone: (561) 653-0008 

 Facsimile: (561) 653-0020 

 

s/Cathleen Scott 

Cathleen Scott, Esquire 

Florida Bar No.: 135331 

Primary e-mail: CScott@scottwagnerlaw.com 

Secondary e-mail: mail@scottwagnerlaw.com 

 Secondary Address: 101 Northpoint Parkway 

West Palm Beach, FL 33407 

www.ScottWagnerLaw.com 

 Attorney for Plaintiff

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