LAW OFFICES OF ANTHONY F. SANCHEZ, P.A. 

6701 SUNSET DRIVE, SUITE 101, MIAMI, FL, 33143 • TELEPHONE (305) 665-9211

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Miami Division

Case No.: 1:20-cv-22603-GOODMAN

[CONSENT]

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.

PLAINTIFFS’ VERIFIED RESPONSE TO PAPERLESS ORDER [ECF NO. 170] 

Plaintiffs, by and through undersigned counsel, submit the instant Verified Response to the 

Court’s “Paperless Order” [ECF No. 170], as follows: 

1. On June 23, 2020, Plaintiff Erik Chavez filed a Fair Labor Standards Act 

Complaint, individually and on behalf of others similarly situated. 

2. Demand Letter. Thereafter, on July 1, 2020, undersigned counsel, on behalf of 

Plaintiff “Erik Chavez, individually and on behalf of others similarly situated”, sent a Demand 

Letter by First-Class U.S. Mail and email to the Registered Agent of the corporation, and by FirstClass U.S. Mail to the individual Defendant Ruben Sierra (“Sierra”). A copy of the Demand Letter 

is attached hereto as Exhibit 1. The Demand Letter included as an attached exhibit a “Preliminary 

Statement of Claim” detailing, on an Excel spreadsheet, the formula and calculation of the amount 

demanded. 

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3. Amended Annual Report. The addresses for the demand letter for purposes of 

mailing were obtained by public information published by the Florida Department of State, 

Division of Corporation’s “Sunbiz” website. From this website, Plaintiffs obtained the “2020 

Florida Limited Liability Company Amended Annual Report”, filed by Sierra (“Sierra”) on behalf 

of Defendant Grill Enterprises, LLC (“Grill Enterprises”), with the Florida Division of 

Corporations on May 22, 2020. A copy of the same is attached as Exhibit 2. In the Amended 

Annual Report, Sierra certifies that the information indicated in the amended report is true and 

accurate and that by his electronic signature he is averring the truth of the facts set forth therein 

under oath and that he is a managing member of Grill Enterprises. 

4. The Amended Annual Report provides a mailing address for the Registered Agent 

as follows: 

5. The Amended Annual Report provides a mailing address for the Sierra, as the 

managing member as follows: 

6. The address provided under oath for Sierra is identical to the mailing address of the 

restaurant operated by the Defendants.

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7. The demand letter referred to in ¶ 1, above, was mailed in separate envelopes by 

First-Class U.S. Mail to the respective addresses indicated in the letter and as they appear in the 

Amended Annual Report attached as Exhibit 2. 

8. Neither the letter mailed to Grill Enterprises nor the identical letter mailed to Sierra 

on July 1, 2020 was ever returned as undeliverable or otherwise. 

9. Email. The Demand Letter, and its attachment, was also delivered by email to the 

Registered Agent of Grill Enterprises on July 1, 2020. A true and correct copy of the cover email

is attached hereto as Exhibit 3. The email was delivered from one of the email accounts of the law 

office of undersigned counsel with a copy to undersigned counsel. The email was sent on July 1, 

2020 and has never “bounced back” as undeliverable.

10. The email address for the Registered Agent was obtained from their website’s 

“Contact Us” page. A screenshot of the Salver & Cook LLP’s “Contact Us” webpage is attached 

as Exhibit 4. 

11. Amended Complaint. Sixteen (16) days thereafter, on July 17, 2020, undersigned 

counsel for the Plaintiffs filed and served the Amended Fair Labor Standards Act Complaint 

[ECF No. 7]. The Amended Complaint included a cause of action under the Florida Minimum 

Wage Act and Florida Constitution. It also included a general allegation that any applicable 

condition precedent had been complied with. 

12. Clerk’s Default. The deadline to answer the Amended Complaint was August 3, 

2020, but Grill Enterprises did not timely file an answer or other response, although it had been 

personally served in accordance with Rule 4, Fed. R. Civ. P. 

13. On August 4, 2020, the Clerk of Court entered a Clerk’s Default against Defendant 

Grill Enterprises, LLC. ECF No. 14. 

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14. As a result of the Clerk’s Default, all of the well pleaded allegations in the Amended 

Complaint against Grill Enterprises are deemed admitted. The only remaining issue with respect 

to Grill Enterprises pertain to damages.

15. Consent to Join. On December 9, 2020, Plaintiff Leonel Diaz became a party to 

the Amended Complaint upon his filing of a Consent to Join [ECF No. 39-1] this lawsuit. As of 

that date, “there were two plaintiffs in this case.” ECF No. 111, p. 3. The filing of a Consent to 

Join controls the time when the applicable statute of limitations commences to toll. 

29 U.S.C. § 256. 

DECLARATION

16. By my signature below, I execute this declaration in Miami-Dade County, Florida, 

United States. I declare under penalty of perjury that the foregoing is true and correct. 

/s/ Anthony F. Sanchez

Anthony F. Sanchez

Florida Bar No.789925

CERTIFICATE OF SERVICE

I hereby certify that on May 5, 2023 a true and correct copy of the foregoing was 

electronically filed with the Clerk of the Court via CM/ECF and served on the parties listed in the 

Service List below in the manner indicated therein.

Anthony F. Sanchez, P.A. Attorneys for Plaintiffs

6701 Sunset Drive, Suite 101

Miami, Florida 33143

Tel.: 305-665-9211

By: /s/ Anthony F. Sanchez

Anthony F. Sanchez

Florida Bar No.789925

afs@laborlawfla.com

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SERVICE LIST

Anthony F. Sanchez, Esq.

Florida Bar No.: 789925 

afs@laborlawfla.com 

faz@laborlawfla.com 

Counsel for Plaintiffs

ANTHONY F. SANCHEZ, P.A.

6701 Sunset Drive, Suite 101 

Miami, Florida 33143 

Tel: 305-665-9211 

Todd W. Shulby, Esq.

Florida Bar No.: 068365 

tshulby@shulbylaw.com

llangford@shulbylaw.com 

Counsel for Defendants 

TODD W. SHULBY, P.A.

1792 Bell Tower Lane 

Weston, Florida 33326 

Tel: 954-530-2236 

Fax: 954-530-6628 

Via Notice of Electronic Filing

Brian H. Pollock, Esq. 

Florida Bar No.: 174742 

brian@fairlawattorney.com

Co-Counsel for Defendants 

FAIRLAW FIRM

135 San Lorenzo Avenue, Suite 770 

Coral Gables, Florida 33146 

Tel: 305-230-4884 

Via Notice of Electronic Filing

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