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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION SARA VANEGAS, on her own behalf and all similarly situated individuals, Plaintiff, v. GALANTE GROUP CORP., a Florida Corporation, JEFFREY GALANTE, individually, and DAVID CONNELL, individually, Defendants.
_________________________________________ /

CASE NO.:

COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, SARA VANEGAS (Plaintiff), on behalf of herself and other employees and former employees similarly situated, by and through undersigned counsel, files this Complaint against Defendants, GALANTE GROUP CORP. (GALANTECORP), JEFFREY GALANTE (JGALANTE), and DAVID CONNELL (CONNELL) (collectively Defendants) and states as follows: JURISDICTION 1. Jurisdiction in this Court is proper as the claims are brought pursuant to the Fair

Labor Standards Act, as amended (29 U.S.C. 201, et seq., hereinafter called the FLSA) to recover unpaid back wages, an additional equal amount as liquidated damages, obtain declaratory relief, and reasonable attorneys fees and costs. 2. 216(b). PARTIES The jurisdiction of the Court over this controversy is based upon 29 U.S.C.

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3.

At all times material hereto, Plaintiff was, and continues to be a resident of

Broward County, Florida. 4. At all times material hereto GALANTECORP was, and continues to be a Florida

corporation. Further, at all times material hereto, GALANTECORP was, and continues to be, engaged in business in Florida, with a principle place of business in Broward County, Florida. 5. At all times relevant to this action, JGALANTE was an individual resident of the

State of Florida, who owned and operated GALANTECORP, and who regularly exercised the authority to: (a) hire and fire employees of GALANTECORP; (b) determine the work schedules for the employees of GALANTECORP; and (c) control the finances and operations of GALANTECORP. By virtue of having regularly exercised that authority on behalf of

GALANTECORP, JGALANTE is an employer as defined by 29 U.S.C. 201 et. seq. 6. At all times relevant to this action, CONNELL was an individual resident of the

State of Florida, who operated GALANTECORP, and who regularly exercised the authority to: (a) hire and fire employees of GALANTECORP; (b) determine the work schedules for the employees of GALANTECORP; and (c) control the finances and operations of

GALANTECORP.

By virtue of having regularly exercised that authority on behalf of

GALANTECORP, CONNELL is an employer as defined by 29 U.S.C. 201 et. seq. 7.At all times material hereto, Plaintiff was engaged in commerce within the meaning of 6 and 7 of the FLSA. 8. At all times material hereto, Plaintiff was an employee of Defendants within the

meaning of FLSA. 9. of FLSA. At all times material hereto, Defendants were the employers within the meaning

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10. 11.

Defendants were, and continue to be, employers within the meaning of FLSA. At all times material hereto, Defendants were, and continue to be, enterprises

engaged in commerce within the meaning of FLSA. 12. At all times material hereto, Defendants were, and continue to be, enterprises

engaged in the production of goods for commerce within the meaning of the FLSA. 13. Based upon information and belief, the annual gross revenue of Defendants was in

excess of $500,000.00 per annum during the relevant time periods. 14. At all times material hereto, Defendants had two (2) or more employees handling,

selling, or otherwise working on goods or materials that had been moved in or produced for commerce. 15. At all times hereto, Plaintiff was engaged in commerce and subject to individual

coverage of the FLSA. 16. At all times hereto, Plaintiff was engaged in the production of goods for

commerce and subject to the individual coverage of the FLSA. 17. The additional persons who may become plaintiffs in this action are/were

non-exempt clerical employees for Defendants, who held similar positions to Plaintiff and who worked in excess of forty (40) hours during one or more work weeks during the relevant time periods but who did not receive pay at one and one-half times their regular rate for their hours worked in excess of forty (40) hours. 18. At all times material hereto, the work performed by the Plaintiff was directly

essential to the business performed by Defendants. STATEMENT OF FACTS 19. On or about April 2009, Defendants hired Plaintiff to work as a non-exempt

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clerical employee. 20. At various material times hereto, Plaintiff worked for Defendants in excess of forty

(40) hours within a work week. 21. From at least April 2009 and continuing through May 2010, Defendants failed to

compensate Plaintiff at rate of one and one-half times Plaintiffs regular rate for all hours worked in excess of forty (40) hours in a single work week. Plaintiff should be compensated at the rate of one and one-half times Plaintiffs regular rate for those hours that Plaintiff worked in excess of forty (40) hours per week as required by the FLSA. 22. date, in that: a. Plaintiff worked in excess of forty (40) hours per week for the period of employment with Defendants; b. No payments, and provisions for payment, have been made by Defendants to properly compensate Plaintiff at the statutory rate of one and one-half times Plaintiffs regular rate for those hours worked in excess of forty (40) hours per work week as provided by the FLSA; and c. Defendants have failed to maintain proper time records as mandated by the FLSA. 23. Plaintiff has retained the law firm of MORGAN & MORGAN, P.A. to represent Defendants have violated Title 29 U.S.C. 207 from April 2009 and continuing to

Plaintiff in the litigation and has agreed to pay the firm a reasonable fee for its services. COUNTI VIOLATION OF 29 U.S.C. 207 OVERTIME COMPENSATION 24. Plaintiff realleges and reavers paragraphs 1 through 23 of the Complaint as if fully

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set forth herein. 25. From at least April 2009 and continuing through May 2010, Plaintiff worked in

excess of the forty (40) hours per week for which Plaintiff was not compensated at the statutory rate of one and one-half times Plaintiffs regular rate of pay. 26. Plaintiff was, and is entitled to be paid at the statutory rate of one and one-half

times Plaintiffs regular rate of pay for those hours worked in excess of forty (40) hours. 27. At all times material hereto, Defendants failed, and continue to fail, to maintain

proper time records as mandated by the FLSA. 28. Defendants actions were willful and/or showed reckless disregard for the

provisions of the FLSA as evidenced by its failure to compensate Plaintiff at the statutory rate of one and one-half times Plaintiffs regular rate of pay for the hours worked in excess of forty (40) hours per weeks when it knew, or should have known, such was, and is due. 29. Defendants have failed to properly disclose or apprise Plaintiff of Plaintiffs rights

under the FLSA. 30. Due to the intentional, willful, and unlawful acts of Defendants, Plaintiff suffered

and continues to suffer damages and lost compensation for time worked over forty (40) hours per week, plus liquidated damages. 31. Plaintiff is entitled to an award of reasonable attorneys fees and costs pursuant to

29 U.S.C. 216(b). 32. At all times material hereto, Defendants failed to comply with Title 29 and United

States Department of Labor Regulations, 29 C.F.R. 516.2 and 516.4, with respect to those similarly situated to the named Plaintiff by virtue of the management policy, plan or decision that intentionally provided for the compensation of such employees at a rate of less than time and a

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half for overtime hours worked. 33. Based upon information and belief, the employees and former employees of

Defendants similarly situated to Plaintiff were not paid proper overtime for hours worked in excess of forty (40) in one or more workweeks, because Defendants have failed to properly pay Plaintiff, and those similarly situated to him, proper overtime wages at time and a half their regular rate of pay for such hours. WHEREFORE, Plaintiff respectfully requests that judgment be entered in her favor against Defendants: a. Declaring, pursuant to 29 U.S.C. 2201 and 2202, that the acts and practices complained of herein are in violation of the maximum hour provisions of the FLSA; b. Awarding Plaintiff overtime compensation in the amount due to him for Plaintiffs time worked in excess of forty (40) hours per work week; c. Awarding Plaintiff liquidated damages in an amount equal to the overtime award; d. Awarding Plaintiff reasonable attorneys fees and costs and expenses of the litigation pursuant to 29 U.S.C. 216(b); e. f. Awarding Plaintiff pre-judgment interest; Issue an Order as soon as is practicable, authorizing Plaintiff to send Notice of the instant lawsuit to all similarly situated Sales Clerks employed by Defendants within the past 3 years; and g. Ordering any other further relief the Court deems just and proper. JURY DEMAND

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Plaintiff demands trial by jury on all issues so triable as a matter of right by jury. DATED this 19th day of May 2010. Respectfully submitted, MORGAN & MORGAN, P.A. 6824 Griffin Road Davie, FI. 33314 Tel: 954-318-0268 Fax: 954-333-3515 E-mail: AFrisch@forthepeoDle.com Trial Counsel for Plaintiffs

FL Bar No.: 21111

Page 7 of 7

44 (Rev. 2/08)

CIVIL COVER SHEET

I. (a) PLAINTIFFS J M & ) y f t w e f c f t s

h & rcu on

DEFENDANTS 6 > A L f t t f t E

MxUJ? COd?. , O.
qw J

b e h a ir

c iU X i m i l a r l u
(EXCEPT IN U.S. PLAINTIFF CASHS)

a J t a v * tO W teU ., md(duA) l y ' u

County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY)

d V A UCounty of Residence of First Listed Plaintiff S (b)

(c ) Attorneys (Firm
Name, Address, and Telephone Number)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT LAND INVOLVED.

Morgan & Morgan 6824 Griffin Road Davie, FL 33314

(d)

Telephone: 954-318-0268
Attorneys (If Known)

Check County Where Action Arose:

3 m ia m i- d a d e

o m o n ro e

1 b ro w a rd
'

p a lm b e a c h

d m a rtin

d s t . lu c ie

In d ia n r i v e r

okeechobee HIGHLANDS

II. BASIS OF JURISDICTION

1 U.S. Government Plaintiff
^3

(Place an M in One Box Only) X"

III. CITIZENSHIP OF PRINCIPAL P ARTlES(Place an

(For Diversity Cases Only) Citizen of This State PTF 1 DEF O 1

Federal Question (U.S. Government Not a Party)

X in One Box for Plaintiff and One Box for Defendant) PTF DEF Incorporated o r Principal Place 4 4 of Business In This State Incorporated a n d Principal Place o f Business In Another State Foreign Nation 5 5

U.S. Government Defendant

O 4

Diversity (Indicate Citizenship o f Parties in Item III)

Citizen of Another State

a a

Citizen or Subject of a Foreign Country

LV. NATURE OF SUIT

C O N T R A C T

:x;:BANK-RUPTCY:^ ^ PERSO N A L INJURY 0 310 Airplane 315 Airplane Product Liability 320 A ssa u lt, L ibel &
S lander

OTHER STA TU TES H 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Servicc 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom oflnformalion Act D 900 Appeal oTFee Determination Under Equal Access to Justice

O O
O

110 Insurance 120 M arine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment o f Veterans Benefits 160 Stockholders Suits 190 Other Contract 195 Contract Product Liability 196 Franchise_______ RE A L PR O PER TY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment , 240 Torts to Land 245 Tort Product Liability

330 Federal Employers Liability 340 Marine D 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury
441 Voting

O 290 All Other Real Properly

D 442 Employment D 443 Housing/ Accommodations 444 Welfare _ 445 Amer, w/Disabilitics Employment 446 Amer. w/Disabilitics U Other 440 Other Civil Rights

610 Agriculture PERSO N A L INJURY 362 Personal Injury 620 Other Food & Drug Med, Malpractice 625 Drug Related Seizure of Property 21 USC 881 0 365 Personal Injury Product Liability 630 Liquor Laws 368 Asbestos Personal 640 R.R. & Truck Injury Product 650 Airline Regs. Liability 660 Occupational PERSO N A L PR O P E R T Y Safety/Health 690 Other 370 Other Fraud 371 Truth in Lending *v*B O R 380 Other Personal 710 Fair Labor Standards Act Properly Damage 720 Labor/M gmt. Relations 38 5 Property Damage Product Liability n 730 Labor/M gmt, Reporting & Disclosure Act PRISO N ER P ETIT IO N S 740 Railway Labor Act O 510 Motions to Vacate 790 Other Labor Litigation Sentence 791 Etnpl. Ret. Inc. Sccuritj Act Habeas C orpus: D 530 General O 535 Death Penalty JiM M ir.R .A T iniV ,. 462 Naturalization O 540 Mandamus & Other Application 463 Habeas Corpus-Alien 550 Civil Rights Detainee 465 Other Immigration 555 Prison Condition Actions

422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 P R O P E R T Y R IG H T S 820 Copyrights 830 Patent 840 Trademark

3 861 H1A (1395ff) 862 Black Lung (923) O 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) F E D E R A L TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 87! IRS Third Party 26 USC 7609

p.

950 Constitutionality of State Statutes

V. ORIGIN
tQ 1 Original Proceeding

(Place an X" in One Box Only)

fj 2

Removed from State Court

Re-filed(see VI below)

4 Reinstated or Reopened

5 Jnothe?'dfefcfo" (specify)

6 Multidistrict Litigation

Appeal to District Judge from Magistrate Judgment

a) Re-filed Case YES ONO VI. RELATED/RE-FILED CASE(S).

(See instructions second page):

b) Related Cases 0 YES d NO DOCKET NUMBER

JUDGE

Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):

VII. CAUSE OF ACTION 29 U.S.C. ^ 216(b) LENGTH OF TRIAL via VIII. REQUESTED IN COMPLAINT:
O UNDER F.R.C.P. 23

Action for unpaid wages

days estimated (for both sides to try entire case)

CHECK IF THIS IS A CLASS A O ID N

\ |^fvK J l

DEMANDS k[

ATTH 1 TlME S

CHECK YES only if demanded in complaint: JURY DEMAND;

0 Yes

O No

ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE

SIGNATURE (

~/Q
FOR O F F IC E USE ONLY AMOUNT R EC E IPT # IFP

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NOTICE Off CONSENT TO JOIN

Pursuant to 29 U.S.C 216(b), 1,i party plaintiff in this action.

nsent to become a

DAIE

5 1" aifc

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION SARA VANEGAS, on her own behalf and all similarly situated individuals, Plaintiff, SUMMONS IN A CIVIL CASE CASE NO.: 10-60841 -CIV-ALTONAGA/BROWN GALANTE GROUP CORP. a Florida Profit Corporation, JEFFREY GALANTE, individually, and DAVID CONNEL, individually, Defendants.

TO:

GALANTE GROUP CORP., d/b/a JG TAX GROUP CO. Jeffrey Galante, Registered Agent 1430 South Federal Highway, Suite 301 Deerfield Beach, FI 33441

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 plaintiffs attorney, whose name and address are:: ANDREW FRISCH, ESQ. MORGAN & MORGAN, P.A. 6824 Griffin Road Davie, FL 33314 (954) 318-0268 (954) 333-3515 (facsimile) afrisch@fortheDeonle.com If you fail to do so, 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. MAY 19, 2010 DATE

Steven M. Lari more Clerk of Court

Deputy Clerk LT.S. District Courts

Case 0:10-cv-60841-CMA

Document 3 Entered on FLSD Docket 05/19/2010 Page 2 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION SARA VANEGAS, on her own behalf and all similarly situated individuals, Plaintiff, v. GALANTE GROUP CORP. a Florida Profit Corporation, JEFFREY GALANTE, individually, and DAVID CONNEL, individually, Defendants. / SUMMONS IN A CIVIL CASE CASE NO.: 10-60841-CIV-ALTONAGA/BROWN

TO:

JEFFREY GALANTE 1430 South Federal Highway, Suite 301 Deerfield Beach, FI 33441

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 plaintiffs attorney, whose name and address are:: ANDREW FRISCH, ESQ. MORGAN & MORGAN, P.A. 6824 Griffin Road Davie, FL 33314 (954) 318-0268 (954) 333-3515 (facsimile) afrisch@fortheneople.com If you fail to do so, 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. MAY 19, 2010 DATE

SUMMONS
s Jose Conway Deputy Clerk U.S. District Courts

Steven VI. Lari more Clerk of Court

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION SARA VANEGAS, on her own behalf and all similarly situated individuals, Plaintiff, v. GALANTE GROUP CORP. a Florida Profit Corporation, JEFFREY GALANTE, individually, and DAVID CONNEL, individually, Defendants. / SUMMONS IN A CIVIL CASE CASE NO.: 10-60841-CIV-ALTONAGA/BROWN

TO:

DAVID CONNELL, individually 3920 NE 31st Avenue Lighthouse Point, Fi 33064

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 plaintiffs attorney, whose name and address are:: ANDREW FRISCH, ESQ. MORGAN & MORGAN, P.A. 6824 Griffin Road Davie, FL 33314 (954)318-0268 (954) 333-3515 (facsimile) afrisch@forthepeople.coin If you fail to do so, 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. MAY 19, 2010 DATE

SUMMONS
s/Jose Conway Deputy Clerk U.S. District Courts

Steven M. Larimore Clerk of Court

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION SARA VANEGAS, on her own behalf and all similarly situated individuals, Plaintiff, v. GALANTE GROUP CORP., a Florida Corporation, JEFFREY GALANTE, individually, and DAVID CONNELL, individually, Defendants. CASE NO.: 0:10-cv-60841-CMA

STIPULATION FOR ENTRY OF ORDER OF DISMISSAL WITH PREJUDICE Pursuant to Rule 41 of the Federal Rules of Civil Procedure, the parties jointly file this Stipulation for Entry of Order of Dismissal with Prejudice of Plaintiffs claims in the above referenced matter. Attached hereto as Exhibit A is the fully executed copies of the Settlement Agreement. Plaintiffs claims were resolved in full without compromise and thus, judicial review and approval of the settlement agreements is not required under Lynn Foods. A proposed form of Order of Dismissal with Prejudice also is submitted herewith. Respectfully submitted this 9th day of July, 2010. MORGAN & MORGAN, P.A. 6824 Griffin Road Davie, Florida 33314 Telephone: 954-318-0268 Facsimile: 954-333-3515 E-mail: AFrisch@forthepeople.com Counsel for Plaintiff /s/ANDREW FRISCH Andrew Frisch, Esq. FI. Bar Number 27777 SAM C. CALIENDO, P.A. Po Box 50041 Lighthouse Point, FL 33074 Tel: (954) 418-8711 E-Mail: CaliendoLawyer@aol.com Counsel for Defendant

/s/ SAM C. CALIENDO Sam C. Caliendo, Esquire FLBar No.: 110518

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION SARA VANEGAS, on her own behalf and all similarly situated individuals, Plaintiff, v. GALANTE GROUP CORP., a Florida Corporation, JEFFREY GALANTE, individually, and DAVID CONNELL, individually, Defendants.
__________________________________________ /

CASE NO.: 0:10-cv-60841-CMA

PROPOSED FINAL ORDER OF DISMISSAL WITH PREJUDICE THIS CAUSE having come before this Court upon the foregoing Stipulation for Entry of Order of Dismissal with Prejudice, and this Court being fully advised in the premises, it is hereupon: ORDERED AND ADJUDGED that the above cause is hereby dismissed with prejudice. DONE AND ORDERED in Chambers, at Fort Lauderdale, Broward County, Florida this_____day o f________ 2010. U.S. DISTRICT COURT JUDGE

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Exhibit A

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SETTLEMENT AGREEMENT AND AND RELEASE OF WAGE AND HOUR CLAIMS

1. This Agreement covers all understandings between SARA VANEGAS (hereinafter referred to as Plaintiff a term which includes Plaintiffs successors, beneficiaries, personal representatives, and heirs) and GALANTE GROUP CORP., JEFFREY GALANTE and DAVID CONNELL (hereinafter referred to as "Defendants" term which includes each and every officer, director, employee, agent, parent corporation or subsidiary, affiliate or division, its successors, assigns, beneficiaries, servants, legal representatives, insurers and heirs). 2. For and in consideration of the promises outlined in Paragraph 3 of this Agreement, Plaintiff agrees as follows: A. To settle any and all claims and actions of any nature whatsoever between Plaintiff and Defendants, as related to the transactions or matters which are the subject matter of the lawsuit CASE NO.: 10-60841-CIV-ALTONAGA/Bi:own pending in the United States District Court for the Southern District of Florida. To agree and acknowledge that this settlement is the compromise of a disputed claim and does not constitute an admission by Defendants of any violation of any federal, state, or local statute or regulation, or any violation of any of Plaintiffs rights or of any duty owed by Defendants to Plaintiff. That the below-referenced amount paid by Defendants represents a sum to which Plaintiff would not be entitled absent this Agreement.

B.

C.

3. For and in consideration of the promises made by Plaintiff in Paragraph 2 of this Agreement, Defendants agree to pay Plaintiff and Plaintiffs counsel, Morgan & Morgan, P. A., the total consideration of $4,958.00 within 10 days of the endorsement of this agreement by Plaintiff. The above amounts shall be made payable in three checks as follows: (1) $729.00 to SARA VANEGAS, as unpaid wages; (2) $729.00 to SARA VANEGAS, as liquidated damages; and (3) $3,500.00 to MORGAN & MORGAN, P.A., for reasonable attorneys* fees and costs to date.

Plaintiff specifically is aware of, and agrees with, the amount o f attorneysfees and costs to be paid to his counselfor representing his interests in this matter
4. Defendants agree not to disclose the existence or contents of this Agreement to any prospecti ve employer of Plaintiff. 5. In the event that Plaintiff or Defendants commence an action for damages, injunctive relief, and/or to enforce the provisions of the Agreement, the prevailing party in any such action shall be entitled to an award of its reasonable attorney's fees and all costs including appellate fees and costs, incurred in connection therewith as determined by the court in any such action.

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.6. Plaintiff and Defendants agree that this Settlement Agreement is entered into knowingly and voluntarily, after having the opportunity to fully discuss it with an attorney. Having had the opportunity to obtain the advice of legal counsel to review, comment upon, and redraft the agreement, the parties agree that the Agreement shall be construed as if the parties jointly prepared it so that any uncertainty or ambiguity shall not be interpreted against any one paity and in favor of the other. 7. This Agreement supersedes all prior agreements and understandings between Plaintiff and Defendants. No cancellation, modification, amendment, deletion, addition, or other changes in this Agreement or any provision hereof or any right herein provided shall be effective for any purpose unless specifically set forth in a subsequent written agreement signed by both Plaintiff and an authorized representative of Defendants. 8. Nothing in this agreement shall be construed to be a waiver of Plaintiffs rights pertaining to her case, currently filed in State Court, or any claims related to her allegations of assault, battery, or sexual harassment/discrimination against the Defendants herein. 9. Should any provision of this Agreement be declared or determined by any court of competent jurisdiction to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement and all other valid provisions shall survive and continue to bind the parties. 10. The law governing this Agreement shall be that of the United States and the State of Florida. The United States District Court for the Southern District of Florida shall retain jurisdiction to enforce the terms of this Settlement Agreement.

DATE:_________

Signature: SARA VANEGAS

D A T E :^ il2 l^

Signature:

< T 'V By: GALANTE GROUP CORP.

J?

DATE:

(.Inli"

Signature:Q ______ Z l JEFFREY GALANTE

JO

DATE: 4 - / ? '/ &

Signature:

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6. Plaintiff and Defendants agree that this Settlement Agreement is entered into knowingly and voluntarily, after having the opportunity to fully discuss it with an attorney. Having had the opportunity to obtain the advice of legal counsel to review, comment upon, and redraft the agreement, the parties agree that the Agreement shall be construed as if the parties jointly prepared it so that any uncertainty or ambiguity shall not be interpreted against any one party and in favor of the other. 7. This Agreement supersedes all prior agreements and understandings between Plaintiff and Defendants. No cancellation, modification, amendment, deletion, addition, or other changes in thus Agreement or any provision hereof or any right herein provided shall be effective for any purpose unless specifically set forth in a subsequent written agreement signed by both Plaintiff and an authorized representative of Defendants. 8. Nothing in this agreement shall be construed to be a waiver of Plaintiffs rights pertaining to her case, currently filed in State Court, or any claims related to her allegations of assault, battery, or sexual harassment/discrimination against the Defendants herein. 9. Should any provision of this Agreement be declared or determined by any court of competent jurisdiction to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement and all other valid provisions shall survive and continue to bind the parties. 10. The law governing this Agreement shall be that of the United States and the State of Florida. The United States District Court for the Southern District of Florida shall retain jurisdiction to enforce the terms of this Settlemei Signature:

DATE:

Signature: By: GALANTE GROUP CORP.

DATE:

Signature: JEFFREY GALANTE

DATE:

Signature: DAVID CONNELL 2

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 10-60841-CIV-ALTONAGA/Brown SARA VANEGAS, Plaintiff, vs. GALANTE GROUP CORP., et al., Defendants.

NOTICE OF COURT PRACTICE IN FLSA CASES THIS CAUSE came before the Court upon a sua sponte examination of the record. The Court notes that this is a Fair Labor Standards Act case in which the Plaintiff seeks unpaid wages. In order to assist the Court in the management of the case, the Plaintiff shall file a statement of claim setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty days from the date below. Plaintiff shall promptly serve a copy of this notice and the statement on Defendants counsel when counsel for the Defendants first appears in the case or at the time of filing if Defendants counsel has already appeared in the case. Defendants shall file a response within fifteen days of receiving service of Plaintiffs statement. DONE AND ORDERED in Chambers at Miami, Florida, this 20th day of May, 2010.

CECILIA M. ALTONAGA UNITED STATES DISTRICT JUDGE

Case 0:10-cv-60841-CMA

Document 5

RETURN OF SERVICE
County of x

Entered on FLS D Docket 06/08/2010

Page 1 of 2

State of FLORIDA Case Number: 10 60841 CIV

United States District Court Court

Plaintiff: SARA VANEGAS, ON HER OWN BEHALF AND ALL SIMILARLY SITUATED INDIVIDUALS, Defendant: GALANTE GROUP CORP., A FLORIDA CORPORATION, JEFFREY GALANTE, INDIVIDUALLY, AND DAVID CONNELL, INDIVIDUALLY,

Andrew Frisch MORGAN & MORGAN, P.A. 6824 Griffin Road Suite 3 Ft. Lauderdale, FL 33314 Received by Gissen & Zawyer Process Service, Inc. on the 21st day of May, 2010 at 2:31 pm to be served on GALANTE GROUP CORP, D/B/A JG TAX GROUP CO JEFFREY GALANTE, 1430 S FEDERAL HWY, STE 301, DEERFIELD BEACH, FL 33441. I, DONNA JONES, do hereby affirm that on the 24th day of May, 2010 at 3:01 pm, I: Served the within named CORPORATION by delivering a true copy of the SUMMONS IN A CIVIL CASE, COMPLAINT, NOTICE OF CONSENT TO JOIN with the date and hour of service endorsed thereon by me to JEFFREY GALANTE as Registered Agent of the within named corporation, in compliance with state statutes, I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server or an Appointed Process Server in good standing in the judicial circuit in which the process was served, Under Penalty of Perjury I declare that I have read the foregoing Return of Service and that the facts stated in it are true and correct. Notary not required pursuant to F.S. 92.525.

Gissen & Zawyer Process Service, Inc. 1550 Biscayne Blvd Suite 200 Miami, FL 33132 (305)371-4664 Our Job Serial Number: 2010064697

Copyright 19922010 Database Services, Inc. - Process Servers Toolbox V6 4a

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION SARA VANEGAS, on her own behalf and all similarly situated individuals, Plaintiff,
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SUMMONS IN A CIVIL CASE ; CASE NO.: 10-60841-CIV-ALTONAGA/BROWhi

GALANTE GROUP CORP. a Florida Profit Corporation, JEFFREY GALANTE, individually, and DAVID CONNEL, individually, Defendants.

TO:

GALANTE GROUP CORP., d/b/a JG TAX GROUP CO. Jeffrey Galante, Registered Agent 1430 South Federal Highway, Suite 301 Deerfield Beach, FI 33441

A lawsuit has been filed against you. Within 21 days after service o f 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 o f Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are:: ANDREW FRISCH, ESQ. MORGAN & MORGAN, P.A. 6824 Griffin Road Davie, FL 33314 (954) 318-0268 (954) 333-3515 (facsimile) aMseh@fo r then eonie. com If you fail to do so, 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.
MAY 19, 2010

DATE

SIMMONS
s/Jose Conway Deputy Clerk U.S. District Courts

Steven VI. Larimore Clerk of Court

Case 0:10-cv-60841-CMA

Document 6 Entered on FLS D Docket 06/08/2010

RETURN OF SERVICE
County of

Page 1 of 2

State of FLORIDA Case Number: 10 60841 CIV

United States District Court Court

Plaintiff: SARA VANEGAS, ON HER OWN BEHALF AND ALL SIMILARLY SITUATED INDIVIDUALS, Defendant: GALANTE GROUP CORP., A FLORIDA CORPORATION, JEFFREY GALANTE, INDIVIDUALLY, AND DAVID CONNELL, INDIVIDUALLY, For: Andrew Frisch MORGAN & MORGAN, P.A, 6824 Griffin Road Suite 3 Ft. Lauderdale, FL 33314 Received by Gissen & Zawyer Process Service, Inc. on the 21st day of May, 2010 at 2:31 pm to be served on JEFFREY GALANTE, 1430 S FEDERAL HWY, STE 301, DEERFIELD BEACH, FL 33441. I, DONNA JONES, do hereby affirm that on the 24th day of May, 2010 at 3:01 pm, i: Individually Served the within named person with a true copy of the SUMMONS IN A CIVIL CASE, COMPLAINT, NOTICE OF CONSENT TO JOIN with the date and hour endorsed thereon by me, pursuant to state statutes. I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server or an Appointed Process Server in good standing in the judicial circuit in which the process was served. Under Penalty of Perjury I declare that I have read the foregoing Return of Service and that the facts stated in it are true and correct. Notary not required pursuant to F.S. 92.525.

Gissen & Zawyer Process Service, Inc. 1550 Biscayne Blvd Suite 200 Miami, FL 33132 (305) 371-4664 Our Job Serial Number: 2010064695

Copyright 1992-2010 Database Services, Inc. - Process Server's Toolbox V6.4a

Case 0:10-cv-60841-CMA
'V

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UNITED STATES^&ISTRiCT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION

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SARA VANEGAS, on her own behalf and a ll; similarly situated individuals, Plamtlff; v.
GALANTE GROUP CORP. a Florida Profit Corporation, JEFFREY GALANTE, individually, and DAVID CONNEL, individually, Defendants.

o (^ ^ SUMMONS IN A CIVIL CASE CASE NO.: 10-60841 -CIV-ALTONAGA/BROWN

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TO;

JEFFREY GALANTE _ 1430 South Federal Highway, Suite 301 Deerfield Beach, FI 33441

A lawsuit has been filed against you.

60 days if you ar United States described m Fed. R. Civ. r . 12 W . )

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mugt serve on ^ plaintiff an Federal Rules of Civil

on the plaintiff or plaintiffs attorney, whose name and address are:: ANDREW FRISCH, ESQ. MORGAN & MORGAN, P.A. 6824 Griffin Road Davie, FL 33314 (954) 3X8-0268 (954) 333-3515 (facsimile) aft-Scrii @fn rtheneonl e. com If you fail to do so, 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.
MAY 19, 2010

DATE

SIMMONS
s / J o s Conwa> ' Deputy Clerk u s _District Comts

Steven M. Lanmore Clerk of Court

Case 0:10-cv-60841-CMA

Document 7 Entered on FLS D Docket 06/08/2010

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RETURN OF SERVICE
State of FLORIDA Case Number: 10 60841 CIV County of United States District Court Court

Plaintiff: SARA VANEGAS, ON HER OWN BEHALF AND ALL SIMILARLY SITUATED INDIVIDUALS, Defendant: GALANTE GROUP CORP., A FLORIDA CORPORATION, JEFFREY GALANTE, INDIVIDUALLY, AND DAVID CONNELL, INDIVIDUALLY,

Andrew Frisch MORGAN & MORGAN, P.A. 6824 Griffin Road Suite 3 Ft. Lauderdale, FL 33314 Received by Gissen & Zawyer Process Service, inc. on the 21st day of May, 2010 at 2:31 pm to be served on DAVID CONNELL, 3920 NE 31 AVE., LIGHTHOUSE POINT, FL 33064. I, DONNA JONES, do hereby affirm that on the 26th day of May, 2010 at 11:24 am, I: Individually Served the within named person with a true copy of the SUMMONS IN A CIVIL CASE, COMPLAINT, NOTICE OF CONSENT TO JOIN with the date and hour endorsed thereon by me, pursuant to state statutes. Additional information pertaining to this Service: DESCRIPTION: AGE: 40'S, EYES: LIGHT BLUE &/OR GREEN, HAIR: DARK BROWN/BLK, RACE/COLOR: TANNED, HEIGHT: 510", WEIGHT: 280 LBS, OTHER: RASH ON SIDE OF NOSE THE SUBJECT DOES NOT LIVE AT THE PROVIDED ADDRESS. CURRENT OCCUPANTS HAVE BEEN THERE ONE YEAR AND DOES NOT KNOW THE SUBJECT. LOCATED SECOND ADDRESS: 1430 S FED HWY, STE 301, DEERFIELD BEACH, FL 33441, WHICH IS WHERE THE DOCUMENT WAS SERVED. I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server or an Appointed Process Server in good standing in the judicial circuit in which the process was served. Under Penalty of Perjury I declare that I have read the foregoing Return of Service and that the facts stated in it are true and correct. Notary not required pursuant to F.S. 92.525.

Gissen & Zawyer Process Service, inc. 1550 Biscayne Blvd Suite 200 Miami, FL 33132 {305)371-4664 Our Job Serial Number: ZPS-2010064693

Copyright 1992-2010 Database Services, inc. - Process Server's TooNoox VS.4{J

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Case 0:10-cv-60841 -CMA Document 3

Entered on FLSD Docket O S m m w

Pag^3 5 0

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION , ... S

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SARA VANEGAS, on her own behalf and all similarly situated individuals, Plaintiff, v. GALANTE GROUP CORP. a Florida Profit Corporation, JEFFREY GALANTE, individually, and DAVID CONNEL, individually,
___________ __ _____ _______________________ /

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SUMMONS IN A CIVIL CASE CASE NO.: 10-60841 -CIV-ALTONAGA/BROWN f/6

Defendants.

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Lighthouse Point; FI 33064

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A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received i t ) - or 60 days if you are the United States or a United States agency, or an officer or em ploye of the Urited States described in Fed. R. Civ. P. 12 (a)(2) or (3) - you I nust:serve o j ^ answer to the attached complaint or amotion under Rule 12 of the Federal Rules of Civil S l f c answer or motion must be served on the plaintiff or plainttfPs attorney, whose name and address are:: ANDREW FRISCH, ESQ. MORGAN & MORGAN, P.A. 6824 Griffin Road Davie, FL 33314 (954) 318-0268 (954) 333-3515 (facsimile) flfrisc8i@forthepcopIe.com If vou fail to do so, 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.
MAY 19, 2010

;. ; ;

DATE

SUMMON S
s/Jose Conway Deputy Clerk U.S. District Courts

Steven M. Lari more Clerk of Court