UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.:

PIERRE JUNIOR LIMA, 

JEAN PATRICK SAINTIL, 

Plaintiffs,

v.

WESTMORELAND PROTECTION

AGENCY, INC. D/B/A W.P.A., 

PAM JOHNSON, PAUL SPENCE, 

Defendants.

__________________________________/

COMPLAINT

{Jury Trial Demanded}

Plaintiffs, PIERRE JUNIOR LIMA and JEAN PATRICK SAINTIL, bring this action 

against Defendants, WESTMORELAND PROTECTION AGENCY, INC. D/B/A W.P.A., PAM 

JOHNSON, and PAUL SPENCE, 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 PIERRE JUNIOR LIMA and JEAN PATRICK 

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

FLSA.

3. At all times material hereto, Defendant, WESTMORELAND PROTECTION AGENCY, 

INC. D/B/A W.P.A., was a Florida corporation with its principal place of business in South Florida, 

engaged in commerce in the field of security services, at all times material hereto was the 

“employer” of Plaintiffs as that term is defined under statutes referenced herein, engaged along 

Case 0:20-cv-61352-RKA Document 1 Entered on FLSD Docket 07/07/2020 Page 1 of 3
with its employees in interstate commerce, and has annual gross sales and/or business volume of 

$500,000 or more.

4. Defendant, PAM JOHNSON, is a resident of Broward County, Florida and was, and now 

is, a manager of Defendant, WESTMORELAND PROTECTION AGENCY, INC. D/B/A W.P.A., 

controlled Plaintiffs’ duties, hours worked, and compensation, and managed the day-to-day 

operations of WESTMORELAND PROTECTION AGENCY, INC. D/B/A W.P.A. Accordingly, 

PAM JOHNSON was and is an “employer” of the Plaintiffs within the meaning of 29 U.S.C. 

§203(d).

5. Defendant, PAUL SPENCE, is a resident of Broward County, Florida and was, and now is, 

a manager of Defendant, WESTMORELAND PROTECTION AGENCY, INC. D/B/A W.P.A., 

controlled Plaintiffs’ duties, hours worked, and compensation, and managed the day-to-day 

operations of WESTMORELAND PROTECTION AGENCY, INC. D/B/A W.P.A. Accordingly, 

PAUL SPENCE was and is an “employer” of the Plaintiffs within the meaning of 29 U.S.C. 

§203(d).

6. 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.

7. Plaintiff PIERRE JUNIOR LIMA worked for Defendants as a security guard.

8. Plaintiff JEAN PATRICK SAINTIL worked for Defendants as a security guard.

9. 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.

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

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

Case 0:20-cv-61352-RKA Document 1 Entered on FLSD Docket 07/07/2020 Page 2 of 3
11. Defendants have knowingly and willfully refused to pay Plaintiffs’ legally-entitled wages.

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

been waived or abandoned.

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

legal services provided.

COUNT I

VIOLATION OF FAIR LABOR STANDARDS ACT (“FLSA”)

ALL DEFENDANTS

14. Plaintiffs reallege and incorporate the allegations set forth in paragraphs 1-13 above as if

set forth herein in full.

15. 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. 

16. Plaintiffs seek recovery of damages as referenced above and further seeks 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

Case 0:20-cv-61352-RKA Document 1 Entered on FLSD Docket 07/07/2020 Page 3 of 3