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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

CASE NO. 

 

JOSHUA TOOMEY and SHANNA COFFIN 

 Plaintiffs 

 

v. 

MARYLANE APARTMENTS, LTD., a Florida 

limited partnership; HAZELWOOD APARTMENTS, 

LTD., a Florida limited partnership; SHERWOOD 

APARTMENTS, LTD., a Florida limited partnership; 

SOUTHEASTERN MANAGEMENT COMPANY, 

INC., a foreign corporation d/b/a SEMC OF FLORIDA, 

INC.; MICHAEL DORAN, an individual; JOHN 

LITTLE, an individual; and VICKI BARNETT, an 

Individual, 

 Defendants. 

 / 

COMPLAINT FOR DAMAGES AND JURY TRIAL DEMANDED 

Plaintiffs, JOSHUA TOOMEY (hereinafter, “TOOMEY”) and SHANNA COFFIN 

(hereinafter, “COFFIN”) by and through her undersigned attorney, files this, their Complaint for 

Damages against Defendants, MARYLANE APARTMENTS, LTD. (hereinafter, 

“MARYLANE”); HAZELWOOD APARTMENTS, LTD. (hereinafter, “HAZELWOOD”); 

SHERWOOD APARTMENTS, LTD. (hereinafter, “SHERWOOD”); SOUTHEASTERN 

MANAGEMENT COMPANY, INC. d/b/a SEMC OF FLORIDA, INC. (hereinafter, 

“SOUTHEASTERN”); MICHAEL DORAN (hereinafter, “DORAN”); JOHN LITTLE 

(hereinafter, “LITTLE”); and VICKI BARNETT (hereinafter, “BARNETT”); and states as 

follows: 

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INTRODUCTION 

1. This is an action by both Plaintiffs to recover unpaid minimum wage compensation under 

the Fair Labor Standards Act, as amended, 29 U.S.C. § 201 et. seq, (hereinafter “FLSA”); and, 

minimum wages under the Florida Minimum Wage Amendment (“FMWA”), Article X, §24 of the 

Florida Constitution. Plaintiff, JOSHUA TOOMEY, also brings a claim for unpaid overtime under 

the FLSA. 

JURISDICTION 

2. This Court has jurisdiction over this controversy pursuant to 29 U.S.C. §216(b) and 28 

U.S.C. §1331. 

3. At all times pertinent to this Complaint, the Defendants operated as a single, unified 

enterprise engaged in the property management and rental business. 

4. HAZELWOOD, SHERWOOD, MARYLANE, and SOUTHEASTERN were enterprises 

engaged in interstate commerce, respectively. At all times pertinent to this Complaint, 

HAZELWOOD, SHERWOOD, MARYLANE, and SOUTHEASTERN, regularly owned and 

operated a business enterprise, respectively, engaged in commerce or in the production of goods for 

commerce as defined in §3(r) and 3(s) of the FLSA, 29 U.S.C. §203(r) and 203(s). 

5. The Defendants operated government subsidized rental apartment buildings, all of which 

operated as a single unified business enterprise. 

6. Plaintiffs’ work at these motels/apartments involved handling on a regular and recurrent 

basis “goods” or “materials,” as defined by the FLSA, which were used commercially in 

Defendants’ business, and moved in interstate commerce. These materials included cleaning 

supplies, tools, paint, construction supplies, and other materials necessary for the operation of 

apartment buildings. These materials were manufactured outside the State of Florida. 

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7. During the relevant time period, the Defendants employed at least two other individuals 

besides the Plaintiffs, who were “engaged in commerce or in the production of goods for 

commerce,” or “had employees handling, selling or otherwise working on goods or materials that 

have been moved in or produced for commerce by any person,” as defined in 29 U.S.C. 

§203(s)(1)(A)(i). These materials also included cleaning supplies, tools, paint, construction 

supplies, and other materials necessary for the operation/rental of apartment buildings —and, were 

manufactured outside the State of Florida. 

8. Upon information and belief, during the period of the Plaintiff’s employment, the 

Defendants’ enterprise had an annual gross volume of sales made or business done of not less than 

five hundred thousand dollars in accordance with §203(s)(1)(A)(ii). 

9. The Defendants are subject to the jurisdiction of this Court because they engage in 

substantial and not isolated activity within the Northern District of Florida. 

10. The Defendants are also subject to the jurisdiction of this Court because they operate, 

conduct, engage in, and/or carry on business in the Northern District of Florida. 

VENUE 

11. The venue of this Court over this controversy is based upon the following: 

a. The unlawful employment practices alleged below occurred and/or were 

 committed in the Northern District of Florida 

and, 

b. Defendants were and continue to be a business entities and individuals 

doing business within this judicial district. 

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PARTIES 

12. At all times material hereto, Plaintiff, JOSHUA TOOMEY was a resident of Washington 

County, Florida, and was an “employee” of the Defendants within the meaning of the FLSA. 

13. At all times material hereto, Plaintiff, SHANNA COFFIN was a resident of Washington 

County, Florida, and was an “employee” of the Defendants within the meaning of the FLSA. 

14. At all times material hereto, the Defendants were conducting business in Washington, 

Holmes and Walton Counties, Florida. 

15. At all times material hereto, Defendants were the employers of the Plaintiff, JOSHUA 

TOOMEY. 

16. At all times material hereto, Defendants were the employers of the Plaintiff, SHANNA 

COFFIN. 

17. At all times material hereto, Defendants were and continue to be “employer[s]” within 

the meaning of the FLSA, the Florida Minimum Wage Amendment (FMWA), Article X, §24 of the 

Florida Constitution. 

18. At all times material hereto, Defendants failed to pay Plaintiffs wages in conformance 

with the FLSA. 

19. Defendants committed a willful, malicious and unlawful violation of the FLSA and, 

therefore, are liable for monetary damages. 

20. At all times material hereto, Defendants, HAZELWOOD, SHERWOOD, MARYLANE, 

and SOUTHEASTERN were “enterprise[s] engaged in commerce” within the meaning of the 

FLSA. 

21. At all times material hereto, the work performed by Plaintiff was directly essential to the 

business performed by Defendants. 

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22. Plaintiff has fulfilled all conditions precedent to the institution of this action and/or such 

conditions have been waived. 

STATEMENT OF FACTS 

23. From about June 21, 2019 through about March 17, 2020, the Plaintiff, JOSHUA 

TOOMEY was employed by the Defendants to work as a maintenance man and laborer at 

Defendants’ apartment rental business. 

24. From about June 21, 2019 through about March 17, 2020, the Plaintiff, SHANNA 

COFFIN was employed by the Defendants to work as a laborer, cleaner and manager-in-training. 

COFFIN assisted in preparing Defendants’ rental units so they could be occupied by tenants. 

25. The Defendants failed to keep records in full compliance with the FLSA’s recordkeeping 

requirements, with respect to the Plaintiffs’ employment. 

26. The Defendants paid Plaintiff, JOSHUA TOOMEY $10.00 per hour, however, 

Defendants failed to pay the Plaintiff wages for hours in excess of 40 per week, including failing to 

pay TOOMEY overtime wages at the rate of time-and-one-half. 

27. In certain weeks, the Defendants failed to pay TOOMEY any wages for his work. 

28. In virtually all COFFIN’s workweeks, the Defendants failed to pay her at or above the 

minimum wage for her work hours. 

29. Defendant MICHAEL DORAN was a supervisor and manager/owner who was involved 

in the day-to-day operations of HAZELWOOD, SHERWOOD, MARYLANE, and 

SOUTHEASTERN, and was directly responsible for the supervision of Plaintiffs Therefore, he is 

personally liable for the FLSA and FMWA violations. 

30. Defendant MICHAEL DORAN was directly involved in decisions affecting employee 

compensation and/or hours worked by Plaintiffs. 

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31. Defendant JOHN LITTLE was a supervisor and manager/owner who was involved in 

the day-to-day operations of HAZELWOOD, SHERWOOD, MARYLANE, and 

SOUTHEASTERN, and was directly responsible for the supervision of Plaintiffs Therefore, he is 

personally liable for the FLSA and FMWA violations. 

32. Defendant JOHN LITTLE was directly involved in decisions affecting employee 

compensation and/or hours worked by Plaintiffs. 

33. Defendant VIKKI BARNETT was a supervisor and manager/owner who was involved 

in the day-to-day operations of HAZELWOOD, SHERWOOD, MARYLANE, and 

SOUTHEASTERN, and was directly responsible for the supervision of Plaintiffs Therefore, she is 

personally liable for the FLSA and FMWA violations. 

34. Defendant VICKY BARNETT was directly involved in decisions affecting employee 

compensation and/or hours worked by Plaintiffs. 

35. Plaintiff has retained Bober & Bober, P.A. to represent her in this litigation and has 

agreed to pay the firm a reasonable fee for its services. 

STATEMENT OF CLAIM: 

COUNT I 

(BY JOSHUA TOOMEY AGAINST ALL DEFENDANTS) 

VIOLATION OF 29 U.S.C. § 206 (UNPAID MINIMUM WAGES) 

36. Plaintiff JOSHUA TOOMEY realleges Paragraphs 1 through 35 of this Complaint as if 

fully set forth herein. 

37. Plaintiff, JOSHUA TOOMEY’s employment with Defendants was to consist of a normal 

workweek for which he was to be compensated at or above the FLSA minimum wage. 

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38. 29 U.S.C. § 206 and requires that any employee covered by the FLSA be paid their 

minimum wages. 

39. During Plaintiff, JOSHUA TOOMEY’s employment, Defendants paid him less than the 

statutory minimum wage during three (3) weeks of his employment. 

40. The Defendants acted willfully and maliciously in failing to pay proper minimum wages 

to the Plaintiff. 

41. As a direct and proximate result of Defendants’ willful violation of the FLSA, Plaintiff, 

TOOMEY, is entitled to liquidated damages pursuant to the FLSA. 

WHEREFORE, Plaintiff respectfully requests: 

a. judgment in her favor for all unpaid minimum wages due; 

b. liquidated damages; 

 c. attorneys’ fees and costs pursuant to the FLSA; 

 d. post-judgment interest; and 

 e. all other and further relief this Court deems to be just and proper. 

COUNT II 

(BY JOSHUA TOOMEY AGAINST ALL DEFENDANTS) 

VIOLATION OF ARTICLE X, § 24, FLORIDA CONSTITUTION 

42. Plaintiff, JOSHUA TOOMEY, realleges Paragraphs 1 through 35 as if fully stated 

herein. 

43. Pursuant to Article X, Section 24 of the Florida Constitution, Defendants were required 

to pay Plaintiff, JOSHUA TOOMEY, at least the applicable Florida minimum wage. 

44. During Plaintiff, JOSHUA TOOMEY’s employment, Defendants paid him less than the 

statutory minimum wage for some of his work hours. 

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45. The Defendants acted willfully and maliciously in paying Plaintiff below the minimum 

wage. 

WHEREFORE, Plaintiff JOSHUA TOOMEY respectfully requests that judgment be 

entered in his favor against the Defendants: 

a. Declaring that Defendants violated Article X of the Florida Constitution, insofar 

as failing to pay Plaintiff at or above the minimum wage; 

b. Awarding Plaintiff all back wages due and owing in the amount calculated above; 

c. Awarding Plaintiff liquidated damages in the amount equal to her back wages; 

 d. Awarding Plaintiff reasonable attorney’s fees and costs and expenses of this 

 litigation pursuant to Article X, Sec. 24, Fla. Const.; 

 e. Awarding Plaintiff prejudgment and post-judgment interest; 

f. Finding that Defendants willfully violated Article X Fla. Const., and ordering 

Defendants to pay a $1,000.00 fine to the State of Florida for each such violation; 

and, 

 g. Awarding such other and further relief this Court deems to be just and proper. 

COUNT III 

(BY JOSHUA TOOMEY AGAINST ALL DEFENDANTS) 

VIOLATION OF 29 U.S.C. § 207 (UNPAID OVERTIME) 

46. Plaintiff, JOSHUA TOOMEY realleges Paragraphs 1 through 35 as if fully stated herein. 

47. Since Plaintiff, JOSHUA TOOMEY’s date of hire with Defendants, in addition to 

Plaintiff’s normal regular work week, the Plaintiff worked additional hours in excess of forty (40) 

per week for which he was not compensated at the statutory rate of time and one-half. 

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48. Plaintiff JOSHUA TOOMEY was entitled to be paid at the rate of time and one-half for 

his hours worked in excess of the maximum hours provided for in the FLSA. 

49. Defendants failed to pay JOSHUA TOOMEY overtime compensation in the lawful 

amount for hours worked by him in excess of the maximum hours provided for in the FLSA. 

50. Plaintiff, JOSHUA TOOMEY frequently worked approximately 25 hours of overtime

(hours in excess of 40) per week throughout his employment. 

51. Defendants knew of and/or showed a willful disregard for the provisions of the FLSA as 

evidenced by their failure to compensate Plaintiff, JOSHUA TOOMEY, at the statutory rate of time 

and one-half for the hours worked in excess of forty (40) hours per week when they knew or should 

have known such was due. Defendants also failed to properly disclose or apprise JOSHUA 

TOOMEY of his rights under the FLSA. 

52. As a direct and proximate result of Defendants’ willful disregard of the FLSA, Plaintiff, 

JOSHUA TOOMEY, is entitled to liquidated damages pursuant to the FLSA. 

53. Due to the willful, malicious and unlawful acts of Defendants, Plaintiff, JOSHUA 

TOOMEY has suffered damages in the amount not presently ascertainable of unpaid overtime 

wages, plus an equal amount as liquidated damages her reasonable attorney’s fees and costs 

pursuant to 29 U.S.C. § 216(b). 

 WHEREFORE, Plaintiff, JOSHUA TOOMEY, respectfully requests that judgment be 

entered in his favor against the Defendants: 

a. Declaring that the Defendants have violated the maximum hour provisions of 29 

U.S.C. § 207; 

 b. Awarding Plaintiff overtime compensation in the amount calculated ($15,347.75); 

 c. Awarding Plaintiff liquidated damages; 

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 d. Awarding Plaintiff reasonable attorney’s fees and costs and expenses of this 

 litigation pursuant to 29 U.S.C. § 216(b); 

 e. Awarding Plaintiff post-judgment interest; and 

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

COUNT IV 

 (BY SHANNA COFFIN AGAINST DEFENDANTS) 

VIOLATION OF 29 U.S.C. § 206 (UNPAID MINIMUM WAGES) 

54. Plaintiff SHANNA COFFIN realleges Paragraphs 1 through 37 of this Complaint as if 

fully set forth herein. 

55. Plaintiff, SHANNA COFFIN’s employment with Defendants was to consist of a normal 

workweek for which she should have been to be compensated at or above the FLSA minimum 

wage. 

56. 29 U.S.C. § 206 and requires that any employee covered by the FLSA be paid their 

minimum wages. 

57. During Plaintiff, SHANNA COFFIN’s employment with the Defendants, she was paid 

below the minimum wage in numerous workweeks. 

58. Defendants acted willfully and maliciously in failing to pay proper minimum wages to 

the Plaintiff SHANNA COFFIN. 

59. As a direct and proximate result of Defendants’ willful violation of the FLSA, SHANNA 

COFFIN is entitled to liquidated damages pursuant to the FLSA. 

WHEREFORE, Plaintiff respectfully requests: 

a. judgment in her favor for all unpaid minimum wages due; 

b. liquidated damages; 

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 c. attorneys’ fees and costs pursuant to the FLSA; 

 d. post-judgment interest; and 

 e. all other and further relief this Court deems to be just and proper. 

COUNT V 

(BY SHANNA COFFIN AGAINST DEFENDANTS) 

VIOLATION OF ARTICLE X, § 24, FLORIDA CONSTITUTION 

60. Plaintiff, SHANNA COFFIN, realleges Paragraphs 1 through 35 as if fully stated herein. 

61. Pursuant to Article X, Section 24 of the Florida Constitution, the Defendants were 

required to pay Plaintiff, SHANNA COFFIN, at least the applicable Florida minimum wage. 

62. During Plaintiff, SHANNA COFFIN’s employment, the Defendants paid her less than 

the statutory minimum wage for all work hours. 

63. The Defendants acted willfully and maliciously in paying Plaintiff SHANNA COFFIN 

below the minimum wage. 

WHEREFORE, Plaintiff SHANNA COFFIN respectfully requests that judgment be 

entered in her favor against the Defendants: 

a. Declaring that Defendants violated Article X of the Florida Constitution, insofar 

as failing to pay Plaintiff at or above the minimum wage; 

b. Awarding SHANNA COFFIN all back wages due and owing in the amount 

calculated above; 

c. Awarding SHANNA COFFIN liquidated damages in the amount equal to her 

back wages; 

d. Awarding SHANNA COFFIN reasonable attorney’s fees and costs and expenses 

of this litigation pursuant to Article X, Sec. 24, Fla. Const.; 

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 e. Awarding SHANNA COFFIN prejudgment and post-judgment interest; 

f. Finding that Defendants willfully violated Article X Fla. Const., and ordering 

Defendants to pay a $1,000.00 fine to the State of Florida for each such violation; 

and, 

 g. Awarding such other and further relief this Court deems to be just and proper. 

JURY DEMAND 

 Plaintiff demands trial by jury on all issues so triable as of right by jury. 

Date: June 17, 2020. 

 Respectfully submitted, 

 

 BOBER & BOBER, P.A. 

 Attorneys for Plaintiff 

 2699 Stirling Road 

 Suite A-304 

 Hollywood, FL 33312 

 Phone: (954) 922-2298 

 Fax: (954) 922-5455 

 peter@boberlaw.com 

 samara@boberlaw.com 

 By: s/. Peter Bober 

 PETER BOBER 

FBN: 0122955 

SAMARA ROBBINS BOBER 

 FBN: 0156248 

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