UNITED STATES COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION

Case No.:

ABELARNINO VENTURA,

Plaintiff,

 

vs. 

EQUESTRIAN SPORT PRODUCTIONS 

LLC, a Florida Limited Liability Company, and 

MARK J. BELLISSIMO,

Defendants.

___________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, ABELARNINO VENTURA (“Mr. Ventura” or “Plaintiff”), by and through the 

undersigned attorneys, sue Defendants, EQUESTRIAN SPORT PRODUCTIONS LLC (“ESP”), 

and MARK J. BELLISSIMO (“Mr. Bellissimo”) (collectively, “Defendants”), and allege the 

following: 

GENERAL ALLEGATIONS

1. This is an action to recover the unpaid wages and overtime compensation, 

liquidated damages, attorneys’ fees and costs pursuant to the Fair Labor Standards Act, as 

amended, 29 U.S.C. § 201 et seq. (hereinafter, “FLSA”) against Defendants.

2. Plaintiff, Mr. Ventura, resides within the geographical jurisdiction of the Southern 

District of Florida, is over the age of 18 and is otherwise sui juris. 

3. Defendant, ESP, is a limited liability company, with its principal place of address

at 14440 Pierson Road, Wellington, FL 33414, and within the jurisdiction of this Court.

4. At all times material hereto, ESP operated as an equestrian show producer. 

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5. Defendant, Mr. Bellissimo, resides within the geographical jurisdiction of the 

Southern District of Florida, is over the age of 18 and is otherwise sui juris.

6. At all times material hereto, Mr. Bellissimo was the President of ESP and was 

responsible for its daily operations, including all payroll practices and decisions. 

7. Mr. Bellissimo approved and ratified all unlawful payroll policies, practices, and 

procedures transgressing the requirements of the FLSA mentioned herein. 

8. At all times material hereto, Plaintiff was employed by ESP and Mr. Bellissimo. 

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

10. Upon information and belief, ESP’s gross annual revenues were in excess of 

$500,000.00 per year in the years 2017, 2018, and 2019, and will exceed the same in 2020.

11. At all relevant times, ESP has been and continues to be an “employer” engaged in 

the interstate “commerce” and/or in the production of “goods” for “commerce” within the meaning 

of the FLSA, 29 U.S.C. § 203. Upon information and belief, ESP (1) had employees engaged in 

interstate commerce or in the production of goods for interstate commerce, and (2) had employees 

who handled, sold, or otherwise worked on goods or materials that have been moved in, or 

produced for, interstate commerce in the years 2016 - 2019. ESP has employed and/or continues 

to employ “employee[s],” including Plaintiff, who themselves handled equipment and supplies 

that had travelled in interstate “commerce” for the purpose of conducting business.

12. Therefore, based on the aforementioned, ESP was at all times hereafter mentioned,

engaged in commerce or in the production of goods for commerce as defined in 29 U.S.C. §§203(r) 

and 203(s). 

13. At all times material hereto, Plaintiff, in performing his job duties, was engaged in 

commerce within the meaning of 29 U.S.C. §§203(b), 203(r), 203(s), 206(a) and 207(a). 

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14. Mr. Ventura was employed by ESP in the area of general landscaping labor from 

2013 until April 2020. As such, for purposes of this lawsuit, Mr. Ventura is entitled to a look-back 

time period of August 4, 2017 – August 4, 2020. 

15. At all times pertinent to the Complaint, Defendants failed to comply with §§ 29 

U.S.C. 201- 219 as Plaintiff performed hours of service for ESP in excess of forty (40) hours during 

one or more workweeks, for which ESP failed to properly pay additional overtime premiums. 

16. Rather than properly pay Plaintiff overtimes wages, as is mandated by law, ESP

failed to pay Plaintiff for the overtime hours that he worked. 

17. Plaintiff was not exempt from the right to receive the appropriate overtime pay 

under the FLSA. 

18. Rather, Plaintiff solely performed non-exempt work, that is, Plaintiff’s primary 

duties consisted of general labor and other non-supervisory roles.

19. Plaintiff was not free from supervision in connection with matters of significance 

such as project management or operations. Moreover, Plaintiff did not customarily and regularly 

supervise two (2) or more full-time employees or their equivalent. 

20. Upon information and belief, Defendants further failed to maintain proper time 

records as mandated by the FLSA regarding the hours worked by Plaintiff. 

21. The pay practice on the part of Defendants violated the FLSA as Defendants failed

to properly pay overtime to Plaintiff for those hours worked in excess of forty (40). 

22. Since 2013, Defendants (1) employed Plaintiff; and (2) suffered or permitted to be 

suffered, with knowledge, hours of service by Plaintiff in excess of forty (40) during one or more

workweeks, for which ESP failed to properly pay additional overtime premiums. 

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23. In addition to an action to recover the unpaid wages and overtime compensation, 

this is also an action for a violation of the Families First Coronavirus Response Act – Emergency 

Paid Sick Leave Act, H.R. 6201, 116th Cong. § 5102, et. seq. (2020) (hereinafter, “FFCRA”).

24. Due to a positive test for COVID-19, Plaintiff was terminated from his employment 

on April 3, 2020. 

25. Since that date, Defendants have ignored Plaintiff’s repeated attempts to contact 

them regarding his paid sick leave and employment status. 

26. To date, Defendants have failed and refused to pay Plaintiff for his sick leave. 

27. To date, Defendants have terminated Plaintiff’s employment. 

28. After receiving express notice of Plaintiff’s inability to work due to his 

experiencing COVID-19 symptoms and need to seek medical diagnosis, Defendants were required 

under the FFCRA to provide Plaintiff sick leave. 

29. Plaintiff was entitled to two (2) weeks or eighty (80) hours of paid leave under the 

FFCRA which, under the circumstances herein, would have been through April 17, 2020. 

30. Instead, Defendants discharged, disciplined, and/or otherwise discriminated against 

Plaintiff because of positive test and/or requires for leave under the FFCRA. Any other reason for 

Plaintiff’s termination is merely pretext for Defendants’ unlawful termination of Plaintiff. 

31. The temporal proximity of Plaintiff’s positive COVID-19 test and his termination 

creates the presumption that Defendants retaliated against Plaintiff for attempting to exercise his 

rights under the FFCRA.

32. As a result of this illegal termination, Plaintiff suffered damages including loss of 

his opportunity to earn unemployment wages, benefits, and other remuneration to which he was 

entitled. 

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33. As a result of the foregoing, Defendants willfully violated the FFCRA, denied 

Plaintiff his protected paid sick leave rights, and retaliated against him for seeking leave during 

the COVID-19 global pandemic. 

34. Defendants did not have a subjective or objective good faith basis for their actions, 

and Plaintiff is therefore entitled to liquidated damages. 

COUNT I 

RECOVERY OF UNPAID OVERTIME- VIOLATION OF THE FLSA, 29 U.S.C. § 207 

ON BEHALF OF ABELARNINO VENTURA AGAINST ALL DEFENDANTS

35. ABELARNINO VENTURA re-alleges and reaffirms paragraphs 1 through 22 as if 

fully set forth herein.

36. This is an action for Unpaid Overtime on behalf of Mr. Ventura against all 

Defendants.

37. During Mr. Ventura’s employment with ESP, he worked hours in excess of forty 

(40) for which he was not properly compensated. 

38. Mr. Ventura was entitled to be paid at the rate of time and one-half for hours worked 

in excess of forty (40) hours per week pursuant to the FLSA. 

39. Mr. Ventura was never paid overtime for the hours he worked for ESP, from 2013

through the last date of his employment with ESP.

40. Mr. Ventura was entitled to be paid the regular rate and overtime rate for the 

relevant time periods as referenced above. Defendants have failed and refused to do so. 

41. Defendants knew of and/or showed a willful disregard for the provisions of the 

FLSA as evidenced by ESP’s failure to pay Mr. Ventura time and one-half wages for the hours he

worked in excess of forty (40) hours per week when Defendants knew or should have known such 

was due. Rather, ESP attempted to intentionally skirt federal law.

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42. Defendants failed to properly disclose or apprise Mr. Ventura of his rights under 

the FLSA.

43. Defendants failed to maintain proper time records as mandated by the FLSA 

regarding the hours worked by Mr. Ventura. 

44. Mr. Ventura is entitled to liquidated damages pursuant to the FLSA. 

45. Due to the intentional, willful, and unlawful acts of ESP, Mr. Ventura has suffered 

damages in the amount not presently ascertainable of unpaid overtime wages, plus an equal amount 

as liquidated damages, together with interest. 

46. Mr. Ventura is entitled to an award of his reasonable attorneys’ fees and costs 

pursuant to 29 U.S.C. § 216(b). 

47. Mr. Ventura demands a trial by jury on all issues so triable.

COUNT II

UNPAID SICK LEAVE UNDER THE FFCRA

48. ABERARNINO VENTURA re-alleges and reaffirms paragraphs 1 through 34 as if 

fully set forth herein.

49. This is an action for Unpaid Sick Lease under the FFCRA on behalf of Mr. Ventura 

against all Defendants. 

50. At all times material hereto, Plaintiff was protected by the provisions of the 

FFCRA. 

51. At all times material hereto, Plaintiff was entitled to eighty (80) hours of paid sick 

leave under the FFCRA. 

52. Defendants denied Plaintiff protected paid sick leave under the FFCRA. 

53. Defendants have failed and refused to pay Plaintiff for eighty (80) hours of paid 

sick time. 

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54. As a result of Defendants’ violation of the FFCRA, Defendants are considered to 

have failed to pay minimum wages in violation of the FLSA, 29 U.S.C. § 206. 

55. Plaintiff is entitled to recover federal minimum wages for eighty (80) hours of 

unpaid sick time, in the amount of $580.00. 

56. As a result of Defendants’ willful violation of the FFCRA, Plaintiff is entitled to a 

total amount of $1,160.00 in liquidated damages in unpaid sick leave. 

57. As a result of Defendants’ willful and unlawful violation of the FFCRA, Plaintiff 

was required to retain the law firm of Pike & Lustig, LLP and is obligated to pay it a reasonable 

fee. Pursuant to the FFCRA, Plaintiff is entitled to recover his reasonable attorneys’ fees and costs 

against Defendants. 

WHEREFORE, Plaintiff, ABELARNINO VENTURA, respectfully requests that a 

judgment be entered against Defendants, EQUESTRIAN SPORT PRODUCTIONS LLC, and 

MARK J. BELLISSIMO:

a. Declaring that Defendants have violated the FFCRA;

b. Declaring that Defendants have violated the minimum wage provisions of 29 

U.S.C. § 206;

c. Awarding Mr. Ventura unliquidated damages is the amount of $580.00;

d. Awarding Mr. Ventura liquidated damages in the amount of $580.00;

e. Awarding Mr. Ventura reasonable attorneys’ fees and costs and expenses of this 

litigation pursuant to the FFCRA and the FLSA;

f. Awarding Mr. Ventura pre- and post-judgment interest; and

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g. Ordering any other and further relief this Honorable Court deems to be just and 

proper, including but not limited to relief in favor of all others similarly situated 

who join this action after notice.

COUNT III

UNLAWFUL TERMINATION UNDER THE FFCRA

58. ABERLARNINO VENTURA re-alleges and reaffirms paragraphs 1 through 34 as 

if fully set forth herein.

59. This is an action for Unlawful Termination under the FFCRA on behalf of Mr. 

Ventura against all Defendants. 

60. Defendants unlawfully discharged Plaintiff based upon Plaintiff’s exercise of his 

rights under the FFCRA by terminating him for attempting to take his protected FFCRA paid sick 

leave during the COVID-19 global pandemic, and further unlawfully discriminated and/or 

disciplined Plaintiff for same. 

61. At all times material hereto, Plaintiff was protected from unlawful discharge, 

discipline, or any other discriminatory manner taken against him under the FFCRA. 

62. As a result of Defendants’ violation of the FFCRA, Defendants are considered to 

be in violation of the retaliation provision of the FLSA, 29 U.S.C. § 215(a)(3). 

63. As a result of Defendants’ willful violation of the FFCRA, Defendants are subject 

to the penalties under the FLSA, 29 U.S.C. § 216(b). 

64. As a direct and proximate result of Defendants’ willful conduct, Plaintiff has 

suffered loss of back pay, loss of future pay, loss of reputation in the community, and has been 

otherwise damaged in an amount to be proven at trial. 

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65. As a result of Defendants’ willful violation of the FFCRA, Plaintiff is entitled to 

recover reinstatement to his prior position and/or recovery of lost future wages, recovery of his 

lost back wages to date, and an additional equal amount of lost wages in liquidated damages. 

66. As a result of Defendants’ willful and unlawful violation of the FFCRA, Plaintiff 

was required to retain the law firm of Pike & Lustig, LLP and is obligated to pay it a reasonable 

fee. Pursuant to the FFCRA, Plaintiff is entitled to recover his reasonable attorneys’ fees and costs 

against Defendants.

WHEREFORE, Plaintiff, ABELARNINO VENTURA, respectfully requests that a 

judgment be entered against Defendants, EQUESTRIAN SPORT PRODUCTIONS LLC, and 

MARK J. BELLISSIMO:

a. Declaring that Defendants have violated the FFCRA;

b. Declaring that Defendants have violated the retaliation provision of 29 U.S.C. §

215(a)(3).

c. Awarding Mr. Ventura damages arising from his unlawful termination under the 

FFCRA to be paid by Defendants;

d. Awarding Mr. Ventura reasonable attorneys’ fees and costs and expenses of this 

litigation pursuant to the FFCRA and the FLSA;

e. Awarding Mr. Ventura pre- and post-judgment interest; and

f. Ordering any other and further relief this Honorable Court deems to be just and 

proper, including but not limited to relief in favor of all others similarly situated 

who join this action after notice.

Respectfully Submitted on this 5th day of August 2020.

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Pike & Lustig, LLP

/s/ Daniel Lustig 

Daniel Lustig 

Florida Bar No.: 059225 

Robert C. Johnson

Florida Bar No.: 116419

1209 N. Olive Ave. 

West Palm Beach, FL 33401 

Telephone: (561) 855-7585 

Facsimile: (561) 855-7710 

Email: pleadings@pikelustig.com

Counsel for Plaintiff

 

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