Upload
matthew-seth-sarelson
View
909
Download
5
Embed Size (px)
Citation preview
Case 1:10-cv-24520-AJ Document 1 Entered on FLSD Docket 12/17/2010 Page 1 of 6
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO. 1:1O-cv-24S20 MATIAS VERGARA,
Plaintiff, vs.
SC COLLINS LLC, a Foreign Limited Liability Company, MORGANS HOTEL GROUP MANAGEMENT, LLC, a Foreign Limited Liability Company, MORGANS GROUP, LLC, a Foreign Company, and MIHAl GHIOCEL, Individually
Defendants
----------------------------------./
COMPLAINT
COMES NOW, Plaintiff, MATIAS VERGARA, by and through his undersigned counsel
and hereby sues the Defendants, SC COLLINS LLC (hereinafter SC COLLINS), MORGANS
HOTEL GROUP MANAGEMENT LLC and MORGANS GROUP LLC, (hereinafter
collectively referred to as MGH) and MIHAl GHIOCEL and alleges:
GENERAL ALLEGATIONS
1. This is an action for damages within the jurisdictional limits of this court. This court
has jurisdiction pursuant to Title VII of the Civil Rights Act of 1964, as amended, codified at 42
U.S.C. § 2000e et seq., and the Civil Rights Act of 1991 , for employment discrimination based
on race, color, religion, sex or national origin.
2. Plaintiff, MATIAS VERGARA, at all times material hereto was and is a resident
of Miami-Dade County, Florida and is otherwise sui juris.
Case 1:10-cv-24520-AJ Document 1 Entered on FLSD Docket 12/17/2010 Page 2 of 6
3. At all times material hereto Defendant, SC COLLINS, was and is a foreign
limited liability company doing business in Miami, Dade County, Florida.
4. At all times material hereto Defendant, MIHAl GHIOCEL, was and is a resident
of Miami, Dade County, Florida, and an employee of Defendant, SC COLLINS, and was
involved in sexually harassing MATIAS VERGARA which is the subject of this lawsuit.
5. At all times material hereto Defendants, MGH, were a foreign limited liability
company and a foreign corporation doing business in Miami, Dade County, Florida.
6. Venue is invoked pursuant to 28 U.S.C. § 1391.
7. The plaintiff is an employee within the meaning of 42 U.S.C. § 2000e(f).
8. The Defendants are an employer, employment agency, or labor organization
within the meaning of 42 U.S.C. § 2000e(b), (c), or (d).
9.
2000e(g).
The Defendants are engaged in commerce within the meaning of 42 U.S.C. §
COUNT I -SEXUAL HARASSMENT
10. Plaintiff, MATIAS VERGARA, reavers and realleges paragraphs 1 through 9
as if fully set forth herein and further states.
11 . At all times material hereto Plaintiff, MATIAS VERGARA, was an employee of
Defendants, MGH and SC COLLINS LLC while performing the duty of Server at Blue Door at
Delano located in South Beach, Miami.
- 2 -
Case 1:10-cv-24520-AJ Document 1 Entered on FLSD Docket 12/17/2010 Page 3 of 6
12. All conditions precedent to the institution of this lawsuit have occurred or have
been waived. Specifically, any and all administrative requirements have been waived satisfied , ,
and/or are futile.
13. At all times material hereto Defendant, SC Collins LLC is the named party
indicated in plaintiff s earning statement.
13. At all times material hereto Defendants, MGH, operates and owns an interest in
Delano.
14. On or about November 1, 2008, Plaintiff, MA TIAS VERGARA, became
employed as a server for Blue Door Fish restaurant located at Delano, South Beach, Florida
under the Supervision of Defendant, MIHAl GHIOCEL.
15. Shortly thereafter, Defendant MIHAl GHIOCEL began to intentionally make
unwanted sexual advances towards the Plaintiff through the use of unwanted jokes, gestures, and
offensive words on clothing and unwelcome comments and repartee on a regular basis. In
addition, the Defendant, MIHAl GHIOCEL, intentionally created bodily contact with the
Plaintiff through touching, scratching, patting, grabbing and at times interfering with the
Plaintiffs ability to move. Moreover, there were repeated requests for dates which were turned
down and unwanted flirting.
16. The harassment was so severe or pervasive that Plaintiff could no longer perform
his duties without feeling anxious or defenseless which affected the terms and conditions of
Plaintiff s employment.
- 3 -
Case 1:10-cv-24520-AJ Document 1 Entered on FLSD Docket 12/17/2010 Page 4 of 6
17. On March 3, 2009, Plaintiff, MATIAS VERGARA, delivered a written
complaint to Chuck Collado from Management to inform him of the hostile environment caused
by the sexual harassment to which an investigation was ensued and the allegations were
confirmed. Please see attached Complaint Letter from Matias Vergara as Exhibit A and
Memorandum from Patrick Kemmache, Director of Food and Beverage as Exhibit B.
18. Upon the allegations being confirmed, suspended Defendant, MIAHI GHIOCEL,
for approximately a week and transferred him to the outside area of the restaurant. However, the
outside area is so remotely close in proximity to the restaurant that it did not shield Plaintiff,
MA TIAS VERGARA, from continuous contact with the Defendant and therefore continuous
exposure to sexual overtures, sexual comments and a hostile environment.
19. In August, 2009, Plaintiff, MATIAS VERGARA made a verbal complaint about
the hostile environment to Grace Sanchez, Human Resources Manager after complaining
numerous times to Patrick Kemmache. Even though he was advised that the problem would be
resolved, he continued to be exposed to the hostile environment and no action was taken by
management to protect the Plaintiff from this second complaint.
20. Plaintiff, MATIAS VERGARA, spoke to Grace, who conducted a harassment
course in September, 2009 and complained about his situation once again. The Plaintiff, was
advised that no further repercussions could be taken against the Defendant, MIHAl GHIOCEL,
because he was a Manager and there existed lack of management at the time in the hotel.
WHEREFORE, Plaintiff, MATIAS VERGARA, demands judgment against Defendant,
SC COLLINS LLC, MORGANS HOTEL GROUP MANAGEMENT LLC and MORGANS
GROUP LLC, and MIHAl GHIOCEL for compensatory damages, benefits due under the terms
- 4-
Case 1:10-cv-24520-AJ Document 1 Entered on FLSD Docket 12/17/2010 Page 5 of 6
of his employment, interest on said benefits, plus costs and attorneys' fees and for such other
relief as this court deems legal , equitable and just.
COUNT II - RETALIATION
21. Plaintiff, MATIAS VERGARA, reavers and realleges paragraphs 1 through 20.
as fully set forth herein and further states.
27. This is an action for sexual harassment pursuant to Title VII of the Civil Rights
Act of 1964, as amended, codified at 42 U.S.C. § 2000e et seq., and the Civil Rights Act of 1991.
28. Defendants, MGH and SC COLLINS LLC, employed Plaintiff, MATIAS
VERGARA on November 1, 2008 and was placed under the supervision of Defendant, MIHAl
GHIOCEL.
29. From the inception of his employment, the Plaintiff was exposed to constant
unwanted sexual advances, unwanted sexual comments and unwanted sexual physical contact
from Defendant, MIHAl GHIOCEL.
30. Plaintiff, MATIAS VERGARA made numerous complaints about the hostile
environment to upper management, which included Human Resources as of March, 2009
through September, 2009. Shortly after attempting to make an additional complaint to Patrick
Kemmache in October, 2009, Plaintiff, MATIAS VERGARA, was suspended indefinitely
without an explanation by Grace Sanchez, the Human Resources Manager.
31 . The Plaintiff, called on a regular basis to confirm a date for his return and or to
gather an explanation as to what his suspension entailed but to no avail. Finally, he gathered that
- 5 -
Case 1:10-cv-24520-AJ Document 1 Entered on FLSD Docket 12/17/2010 Page 6 of 6
he was terminated as of November 1, 2009 and shortly thereafter filed for and was approved for
unemployment.
32. Plaintiff, MATIAS VERGARA, was unemployed for approximately seven (7)
months and as a result from the stress and burden imposed by the hostile work environment and
his employer' s retaliation, his personal life was negatively impacted and even though he sought
treatment, his marriage is still in the process of a divorce.
WHEREFORE, Plaintiff, MATIAS VERGARA, demands judgment SC COLLINS LLC,
MORGANS HOTEL GROUP MANAGEMENT LLC and MORGANS GROUP LLC, and
MIHAl GHIOCEL for compensatory damages, treble damages, costs, interest and attorneys' fees
and demands a trial by jury of all issues triable as a matter of right by jury
I declare under penalty of perjury that the foregoing is true and correct.
Dated: December 16, 2010
- 6 -
N dja A. rias A orney r Plaintiff Fl rida No. 60932 Cas . s & Prias, PLLC. 444 Brickell Avenue, Suite 721 Miami, FL 33131 (305) 722-8015 phone (305) 722-8016 fax [email protected]