1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.:

YANET VERONICA DILL and

CRAIG DILL,

Plaintiffs,

 

v. JURY TRIAL DEMANDED

RANDY HERSCOVICI, an individual; and 

S HARBOR CITY, INC. a Florida corporation d/b/a

RIDERS ON THE STORM INN,

Defendants.

/

COMPLAINT FOR DAMAGES

Plaintiffs, YANET VERONICA DILL (hereinafter “Y. DILL”) and CRAIG DILL

(hereinafter “C. DILL”) by and through their undersigned attorney, file this, their Complaint for 

Damages against Defendants, RANDY HERSCOVICI (hereinafter “HERSCOVICI”) and S

HARBOR CITY, INC. d/b/a RIDERS ON THE STORM INN (hereinafter “RIDERS”) and states

as follows:

INTRODUCTION

1. This is an action to recover unpaid overtime compensation under the Fair Labor 

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

JURISDICTION

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

§1331. At all times pertinent to this Complaint, RIDERS operated a business enterprise (motel), 

Case 0:22-cv-62023-KMW Document 1 Entered on FLSD Docket 10/31/2022 Page 1 of 12
2

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). 

3. Plaintiffs’ work for Defendants 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 office supplies, 

telephones, tools, electronic equipment, paper, bedding supplies, cleaners, and other materials

necessary for the operation of a motel—all manufactured outside the State of Florida.

4. During the relevant time period, the Defendants employed at least two employees who 

“engaged in commerce or in the production of goods for commerce,” or they “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 included office supplies, telephones, tools, cleaners, bedding supplies, computers, 

electronic equipment, paper, and other materials necessary for the operation of a motel—and, 

were manufactured outside the State of Florida.

5. In addition to the foregoing, the Plaintiffs are entitled to the protections of the FLSA as 

they were “individually covered” by that statute. During the Plaintiffs’ employment, they were

required to use instrumentalities of interstate commerce (telephone/internet) on a regular and 

recurrent basis to, inter alia, assist in operating the Defendants’ motel, particularly as to 

communications with motel ownership and handling guest matters.

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

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

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

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

Case 0:22-cv-62023-KMW Document 1 Entered on FLSD Docket 10/31/2022 Page 2 of 12
3

VENUE

8. 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 Southern District of Florida.

and,

b. Defendants were and continue to be a corporation and individuals doing business

within the Southern District of Florida.

PARTIES

9. At all times material hereto, Plaintiffs, Y. DILL and C. DILL were residents of 

Melbourne Florida, inside the Southern District of Florida.

10. At all times material hereto, Plaintiffs, Y. DILL and C. DILL were “employees” of the 

Defendants within the meaning of the FLSA.

11. During all times set forth in this Complaint, RIDERS was a Florida corporation doing 

business in the Southern District of Florida.

12. At all times material hereto, the Defendants were conducting business in Melbourne, 

Florida, within the Southern District of Florida.

13. At all times material hereto, Defendants were the “employers “of Plaintiffs, Y. DILL and 

C. DILL, within the meaning of the FLSA.

14. At all times material hereto, Defendants failed to pay Plaintiffs, Y. DILL and C. DILL

overtime wages in conformance with the FLSA. 

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

therefore, are liable for monetary damages.

Case 0:22-cv-62023-KMW Document 1 Entered on FLSD Docket 10/31/2022 Page 3 of 12
4

16. At all times material hereto, RIDERS was an “enterprise engaged in commerce” within 

the meaning of the FLSA.

17. At all times material hereto, the work performed by Plaintiffs was directly essential to 

the business performed by Defendants.

18. Plaintiffs have fulfilled all conditions precedent to the institution of this action, and/or 

such conditions have been waived.

STATEMENT OF FACTS

19. From or about July 4, 2016 through or about August 9, 2022, Y. DILL and C. DILL 

were employed by the Defendants as caretakers to work at the Defendants’ motel in Melbourne,

Florida. 

20. While employed, Y. DILL and C. DILL handled Defendants’ motel office paperwork, 

handled reservations, checked guests in/out, took payments, made/received telephone calls, 

assisted guests throughout their shifts, handle customer complaints, maintenance, 

cleaning (housekeeping), accepting guest payments, laundry, contacting vendors, painting, tree 

trimming, electrical, plumbing, general carpentry, air conditioning, and other day-to-day motelrelated tasks.

21. The Plaintiffs would regularly and recurrently each week, speak to HERSCOVICI (by 

telephonic and/or electronic transmission) who was physically outside the State of Florida, 

regarding motel business.

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

requirements.

23. The Plaintiffs generally worked shifts from about 6:00 a.m. to 6:00 p.m., seven days per 

week. In addition, they were on call 24/7, and would perform a variety of work in the evenings

Case 0:22-cv-62023-KMW Document 1 Entered on FLSD Docket 10/31/2022 Page 4 of 12
5

or early morning (i.e., guests locked out of rooms; breakages in rooms; toilets clogged, etc.)—for 

approximately another two hours each day, beyond their regular shift, seven days per week. 

24. The Plaintiffs each worked about 14 hours per day, or about 98 hours per week (14 hours

per day x 7 day), they are owed for approximately 58 hours of overtime each week (98 – 40 =

58), respectively.

25. During his employment, C. DILL was paid $800.00 per week for his approximate 98 

hours of work.

26. During her employment, Y. DILL’s compensation would fluctuate from week-to-week, 

however, on average, Y. DILL was paid an average of about $1,300 per week for her 

approximate 98 hours of work.

27. Although the Plaintiffs, Y. DILL, and C. DILL worked in excess of forty hours per

week, Defendants failed to pay them overtime wages for their hours in excess of 40 per week. 

28. Defendants knowingly, willfully, and maliciously operated their business with a policy 

of not paying minimum and overtime wages, respectively, for each hour Plaintiffs worked in 

conformance with the applicable law.

29. Defendant HERSCOVICI was the owner and operator of RIDERS and was aware at all

times that the Plaintiffs were not being paid overtime wages. Therefore, he is personally liable 

for the FLSA violations. 

30. HERSCOVICI was involved in the scheduling of the Plaintiffs’ hours and their work 

hours and was directly involved in the wages they were paid.

31. Plaintiffs have retained Bober & Bober, P.A. to represent them in this litigation and have

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

Case 0:22-cv-62023-KMW Document 1 Entered on FLSD Docket 10/31/2022 Page 5 of 12
6

STATEMENT OF CLAIM:

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

32. Plaintiffs, Y. DILL and C. DILL, reallege Paragraphs 1 through 31 as if fully stated 

herein.

33. Since Plaintiffs’ date of hire with Defendants, in addition to Plaintiffs’ normal regular 

work week, the Plaintiffs worked additional hours in excess of forty (40) per week for which 

they were not compensated at the statutory rate of time and one-half.

34. Plaintiffs were entitled to be paid at the rate of time and one-half for their hours worked 

in excess of the maximum hours provided in the FLSA.

35. Defendants failed to pay Plaintiffs overtime compensation in the lawful amount for 

hours worked by Plaintiffs in excess of the maximum hours provided in the FLSA. 

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

evidenced by their failure to compensate Plaintiffs 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 Plaintiffs of their rights 

under the FLSA.

37. As a direct and proximate result of Defendants’ willful disregard of the FLSA, Plaintiffs

are entitled to liquidated damages pursuant to the FLSA.

38. Due to the willful, malicious, and unlawful acts of Defendants, Plaintiffs have suffered 

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

Case 0:22-cv-62023-KMW Document 1 Entered on FLSD Docket 10/31/2022 Page 6 of 12
7

amount as liquidated damages their reasonable attorney’s fees and costs pursuant to 29 U.S.C. § 

216(b).

WHEREFORE, Plaintiffs respectfully request that judgment be entered in their favor 

against the Defendants:

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

U.S.C. § 207;

b. Awarding Plaintiffs overtime compensation in the amounts calculated;

c. Awarding Plaintiffs liquidated damages;

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

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

e. Awarding Plaintiffs post-judgment interest; and

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

JURY DEMAND

Plaintiffs demand trial by jury on all issues so triable as of right by jury.

Date: October 31, 2022.

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

By: /s/. Peter J. Bober

FBN: 0122955

Case 0:22-cv-62023-KMW Document 1 Entered on FLSD Docket 10/31/2022 Page 7 of 12
2JS 44 (Rev. 11/04) CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided

by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating

the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

 LAND INVOLVED.

(c) Attorney’s (Firm Name, Address, and Telephone Number) Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff

(For Diversity Cases Only) and One Box for Defendant) 

u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF

Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4

of Business In This State

u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5

Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

 Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only)

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 610 Agriculture u 422 Appeal 28 USC 158 u 400 State Reapportionment

u 120 Marine u 310 Airplane u 362 Personal Injury - u 620 Other Food & Drug u 423 Withdrawal u 410 Antitrust

u 130 Miller Act u 315 Airplane Product Med. Malpractice u 625 Drug Related Seizure 28 USC 157 u 430 Banks and Banking

u 140 Negotiable Instrument Liability u 365 Personal Injury - of Property 21 USC 881 u 450 Commerce

u 150 Recovery of Overpayment u 320 Assault, Libel & Product Liability u 630 Liquor Laws PROPERTY RIGHTS u 460 Deportation

& Enforcement of Judgment Slander u 368 Asbestos Personal u 640 R.R. & Truck u 820 Copyrights u 470 Racketeer Influenced and

u 151 Medicare Act u 330 Federal Employers’ Injury Product u 650 Airline Regs. u 830 Patent Corrupt Organizations

u 152 Recovery of Defaulted Liability Liability u 660 Occupational u 840 Trademark u 480 Consumer Credit

Student Loans u 340 Marine PERSONAL PROPERTY Safety/Health u 490 Cable/Sat TV

(Excl. Veterans) u 345 Marine Product u 370 Other Fraud u 690 Other u 810 Selective Service

u 153 Recovery of Overpayment Liability u 371 Truth in Lending LABOR SOCIAL SECURITY u 850 Securities/Commodities/

 of Veteran’s Benefits u 350 Motor Vehicle u 380 Other Personal u 710 Fair Labor Standards u 861 HIA (1395ff) Exchange

u 160 Stockholders’ Suits u 355 Motor Vehicle Property Damage Act u 862 Black Lung (923) u 875 Customer Challenge

u 190 Other Contract Product Liability u 385 Property Damage u 720 Labor/Mgmt. Relations u 863 DIWC/DIWW (405(g)) 12 USC 3410

u 195 Contract Product Liability u 360 Other Personal Product Liability u 730 Labor/Mgmt.Reporting u 864 SSID Title XVI u 890 Other Statutory Actions

u 196 Franchise Injury & Disclosure Act u 865 RSI (405(g)) u 891 Agricultural Acts

 REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 740 Railway Labor Act FEDERAL TAX SUITS u 892 Economic Stabilization Act

u 210 Land Condemnation u 441 Voting u 510 Motions to Vacate u 790 Other Labor Litigation u 870 Taxes (U.S. Plaintiff u 893 Environmental Matters

u 220 Foreclosure u 442 Employment Sentence u 791 Empl. Ret. Inc. or Defendant) u 894 Energy Allocation Act

u 230 Rent Lease & Ejectment u 443 Housing/ Habeas Corpus: Security Act u 871 IRS—Third Party u 895 Freedom of Information

u 240 Torts to Land Accommodations u 530 General 26 USC 7609 Act

u 245 Tort Product Liability u 444 Welfare u 535 Death Penalty u 900Appeal of Fee Determination

u 290 All Other Real Property u 445 Amer. w/Disabilities - u 540 Mandamus & Other Under Equal Access

Employment u 550 Civil Rights to Justice

u 446 Amer. w/Disabilities - u 555 Prison Condition u 950 Constitutionality of

Other State Statutes

u 440 Other Civil Rights

V. ORIGIN

Transferred from

another district

(specify)

Appeal to District

Judge from

Magistrate

Judgment

 (Place an “X” in One Box Only)

u 1 Original

Proceeding

u 2 Removed from

State Court

u 3 Remanded from

Appellate Court

u 4 Reinstated or

Reopened

u 5 u 6 Multidistrict

Litigation

u 7

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:

VII. REQUESTED IN

 COMPLAINT:

u CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint:

JURY DEMAND: u Yes u No

VIII. RELATED CASE(S)

 IF ANY (See instructions): JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Yanet Veronica Dill and Craig Dill

Brevard

Bober & Bober, P.A., 2699 Stirling Road, Suite-A304,

Hollywood, Florida 33312 (954) 922-2298

S Harbor City, Inc., a Florida corporation d/b/a Riders on the Storm

Inn; and, Randy Herscovici, an individual

Broward

✘

✘

✘

FLSA 29 U.S.C. 201 et seq.

Unpaid overtime

✔

10/31/2022

Case 0:22-cv-62023-KMW Document 1 Entered on FLSD Docket 10/31/2022 Page 8 of 12
AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________ 

)

)

)

)

)

)

)

Plaintiff

v. Civil Action No.

Defendant

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. 

You also must file your answer or motion with the court.

CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

 Southern District of Florida

Yanet Veronica Dill and Craig Dill,

S Harbor City, Inc., a Florida corporation d/b/a Riders

on the Storm Inn; and, Randy Herscovici

Randy Herscovici

834 North Victoria Park Road

Fort Lauderdale, FL 33304

Peter Bober, Esq.

Bober & Bober, P.A.

2699 Stirling Road, Suite A-304

Hollywood, FL 33312

Telephone: 954-922-2298

Fax: 954-922-5455

Case 0:22-cv-62023-KMW Document 1 Entered on FLSD Docket 10/31/2022 Page 9 of 12
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

u I personally served the summons on the individual at (place)

on (date) ; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) , who is

 designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

u I returned the summons unexecuted because ; or

u Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

Case 0:22-cv-62023-KMW Document 1 Entered on FLSD Docket 10/31/2022 Page 10 of 12
AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________ 

)

)

)

)

)

)

)

Plaintiff

v. Civil Action No.

Defendant

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. 

You also must file your answer or motion with the court.

CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

 Southern District of Florida

Yanet Veronica Dill and Craig Dill,

S Harbor City, Inc., a Florida corporation d/b/a Riders

on the Storm Inn; and, Randy Herscovici

S Harbor City, Inc. d/b/a Riders on the Storm Inn

Randy Herscovici, as Registered Agent

757 SE 17 Street, # 273

Fort Lauderdale, FL 33016

Peter Bober, Esq.

Bober & Bober, P.A.

2699 Stirling Road, Suite A-304

Hollywood, FL 33312

Telephone: 954-922-2298

Fax: 954-922-5455

Case 0:22-cv-62023-KMW Document 1 Entered on FLSD Docket 10/31/2022 Page 11 of 12
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

u I personally served the summons on the individual at (place)

on (date) ; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) , who is

 designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

u I returned the summons unexecuted because ; or

u Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

Case 0:22-cv-62023-KMW Document 1 Entered on FLSD Docket 10/31/2022 Page 12 of 12