UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.:

WYATT CADWELL, individually and on 

behalf of all others similarly situated,

 Plaintiff,

v.

SCUPPER’S WATERSPORTS L.L.C, a 

Florida limited liability company, and 

ROBERT F. BORTELL III, individually,

 Defendants.

COMPLAINT

COMES NOW, the Plaintiff, WYATT CADWELL, individually and on behalf of those 

similarly situated (hereinafter as “Plaintiff”) by and through the undersigned counsel, hereby 

brings this action against Defendants, SCUPPER’S WATERSPORTS L.L.C. (hereinafter 

sometimes referred to as “SCUPPER’S”), and ROBERT F. BORELL III, individually (collectively 

as “Defendants”), for violations under the Fair Labor Standards Act, as amended, 29 U.S.C. § 

216(b) (hereinafter as “FLSA”). Plaintiff seeks unpaid overtime wages, liquidated damages, and 

reasonable attorney’s fee and costs from Defendants. Plaintiff also requests the Court to authorize 

concurrent notice to all persons who were formerly employed by Defendants or who were so 

employed during the Liability Period, informing them of the pendency of this action and their right 

to opt into this lawsuit pursuant to the FLSA, 29 U.S.C. § 216(b). 

JURISDICTION

1. This action arises under the Fair Labor Standards Act, 29 U.S.C. § 201, et. seq. The Court 

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has jurisdiction over this claim pursuant to 29 U.S.C. § 216(b), and 28 U.S.C. §1331 and 

1337.

VENUE

2. Venue is proper in the United States District Court for the Southern District of Florida as the 

unlawful practices alleged herein took place in Monroe County, Florida, and the Defendant 

is a Florida corporation who transacts business in Monroe County, Florida, and the 

transaction that is the basis of Plaintiff’s Complaint occurred within the District and venue, 

therefore, properly lies in this Court.

PARTIES

3. Plaintiff, WYATT CADWELL, is an individual residing in the County of Monroe County, 

State of Florida. Plaintiff became employed and hired by Defendants in approximately 

January 2019, and worked for Defendant as a “Mate”, until approximately July 28, 2022. 

4. At all times material, Plaintiff was an employee of Defendants within the meaning of the 

FLSA.

5. The Defendant, SCUPPER’S WATERSPORTS L.L.C., is a Florida limited liability 

company formed and existing under the laws of the State of Florida, and at all times during 

Plaintiff’s employment, Defendants was an employer as defined by 29 U.S.C. §203(d). 

6. Plaintiff was an employee of Defendants and at all times relevant to the violations of the 

FLSA were engaged in commerce as defined by 29 U.S.C. §§206(a) and 207(a)(1).

7. Throughout Plaintiff’s employment with Defendants, Defendant SCUPPER’S was an 

enterprise engaged in commerce or in the production of goods for commerce as defined by 

29 U.S.C. §203(r) and 203(s). 

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8. At all times material, Defendants employed employees who regularly were and are engaged 

in commerce or the production of goods for commerce, with Defendant SCUPPER’S having 

annual gross volume of sales or business done of not less than $500,000 within the meaning 

of Sections 203(r) and (s) of the FLSA.

9. At all times material, Plaintiff regularly was engaged in commerce or the production of goods 

for commerce.

10. Upon information and belief, the records, to the extent any exist, concerning the number of 

hours worked and amounts paid to Plaintiffs, are in the possession and custody of 

Defendants.

11. The additional persons who may become Plaintiffs in this action are non-exempt employees 

of Defendants who worked on or after November 4, 2020, and who did not receive the 

required overtime pay in violation of the FLSA.

12. At all times pertinent to this Complaint, Defendants failed to comply with Title 29 U.S.C. § 

201-209, in that Plaintiff and those similarly situated to Plaintiff performed services for 

Defendants for which no provision were made by the Defendants to properly pay Plaintiffs 

for hours worked.

COUNT I

RECOVERY OF OVERTIME COMPENSATION

13. Plaintiff, WYATT CADWELL, realleges and incorporates herein the allegations contained 

in paragraphs 1-12.

14. Plaintiff is entitled to be paid time and one-half of Plaintiff’s regular rate of pay for each 

hour worked in excess for Forty (40) hours per work week. All similarly situated 

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employees are similarly owed their overtime rate for each overtime hour they worked and 

were not properly paid.

15. By reason of the said intentional, willful and unlawful acts of Defendants, all Plaintiffs (the 

named Plaintiff and those similarly situated to Plaintiff) have suffered damages plus 

incurring costs and reasonable attorney’s fees.

16. As a result of Defendants’ willful violations of the Act, all Plaintiffs (the named Plaintiff 

and those similarly situated to him) are entitled to liquidated damages.

17. Plaintiff has retained the undersigned counsel to represent him in this action, and agreed to 

pay their counsel reasonable fees and costs, and pursuant to 29 U.S.C. §216(b), Plaintiff is 

entitled to recover all reasonable attorney’s fees and costs incurred in this action.

WHEREFORE, Plaintiffs, WYATT CADWELL and those similarly situated to Plaintiff 

who opt into this action, demand judgment against the Defendants, jointly and severally, for the 

following:

(a) Unpaid overtime wages found to be due and owing;

(b) An additional amount equal to the minimum overtime wages found to be 

due and owing as liquidated damages;

(c) Prejudgment interest in the event liquidated damages are not awarded;

(d) A reasonable attorney’s fee and costs; and

(e) Such other relief as the Court deems just and equitable.

DEMAND FOR JURY TRIAL

18. Plaintiff demands a jury trial on all issues so triable.

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DATED: November 3, 2022

MILITZOK LAW, P.A. 

Attorney for Plaintiff

8958 W. State Road 84, #1036

Fort Lauderdale, FL 33324

(954) 780-8228 - Telephone

(954) 791-4456– Facsimile

bjm@militzoklaw.com

By: /s/ Brian Militzok

BRIAN J. MILITZOK, ESQ

Fla. Bar No.: 0069993

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