Case 9:16-cv-81334-WJZ Document 1 Entered on FLSD Docket 07/27/2016 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. ______________________ ERIN BREEN, Plaintiff, v. JUPITER GOLF CLUB, LLC d/b/a TRUMP NATIONAL GOLF CLUB JUPITER, and JOE DiPASQUANTONIO, Defendants. _____________________________________/ DEFENDANT JUPITER GOLF CLUB, LLC’S NOTICE OF REMOVAL Defendant JUPITER GOLF CLUB, LLC d/b/a TRUMP NATIONAL GOLF CLUB JUPITER (“Jupiter Golf Club”), by and through its undersigned counsel, pursuant to 28 U.S.C. § 1441(a), hereby removes to this Court the cause of action currently pending in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida styled Erin Breen v. Jupiter Golf Club LLC d/b/a Trump National Golf Club Jupiter and Joe DiPasquantonio, Case No. 502016CA007168XXXXMB(AF), and says: Introduction 1. Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 and 1441(a) because Plaintiff’s complaint arises under the laws of the United States. 2. This action was commended on or about June 27, 2016, when Plaintiff filed her complaint in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. hereto as Exhibit “A.” A true and correct copy of Plaintiff’s complaint is attached Case 9:16-cv-81334-WJZ Document 1 Entered on FLSD Docket 07/27/2016 Page 2 of 4 3. Jupiter Golf Club was served with Plaintiff’s complaint on June 30, 2016. A true and correct copy of the summons is attached hereto as Exhibit “B.” Removal is Proper Because Plaintiff’s Action Arises Under the Laws of the United States 4. This action is one under which the Court has original jurisdiction pursuant to 28 U.S.C. § 1331, and which may be removed to this Court pursuant to 28 U.S.C. § 1441(a), since it is a civil action arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Procedural Requirements 5. This notice of removal is being properly filed in the Southern District of Florida, since this is the district court of the United States within which the state court action is pending. See 28 U.S.C. § 1446(a). 6. This notice of removal is being timely filed with this Court within thirty (30) days after Jupiter Golf Club was served with Plaintiff’s complaint. See 28 U.S.C. § 1446(b). 7. A copy of this notice of removal is being filed with the state court where this action is pending and notice thereof is being given to all adverse parties “promptly after” the filing of the notice in this Court. See 28 U.S.C. § 1446(d). 8. Pursuant to 28 U.S.C. § 1446(a), attached hereto as Exhibit “A” and Exhibit “B” are true and correct copies of Plaintiff’s complaint and the summons which was served on Jupiter Golf Club, respectively. 9. Pursuant to S.D. Fla. L.R. 7.2, attached hereto as Exhibit “C” is a true and correct copy of Jupiter Golf Club’s motion for enlargement of time to respond to 2 Case 9:16-cv-81334-WJZ Document 1 Entered on FLSD Docket 07/27/2016 Page 3 of 4 complaint, which was filed in the state court action on July 20, 2016. Consent of Co-Defendant Joe DiPasquantonio 10. Pursuant to 28 U.S.C. § 1446(b)(2)(A), Defendant JOE DiPASQUANTONIO joins in and consents to this notice of removal. JOE DiPASQUANTONIO, represented by the same undersigned counsel as Jupiter Golf Club, will promptly file a separate notice of joining in and consenting to this notice of removal. No Waiver of Defenses nor Admission of Plaintiff’s Allegations 11. By filing this notice of removal, Jupiter Golf Club does not (a) waive any available defenses or (b) admit any of the allegations set forth in Plaintiff’s complaint. WHEREFORE, Defendant Jupiter Golf Club respectfully requests that this Court exercise jurisdiction over this action. Dated: July 27, 2016 Boca Raton, FL Respectfully submitted, s/ Adam S. Chotiner ADAM S. CHOTINER, ESQ. Florida Bar No. 0146315 E-Mail: aschotiner@sbwlawfirm.com SHAPIRO, BLASI, WASSERMAN & HERMANN, P.A. 7777 Glades Rd., Suite 400 Boca Raton, FL 33434 Tel: (561) 477-7800 Fax: (561) 477-7722 Counsel for Defendants 3 Case 9:16-cv-81334-WJZ Document 1 Entered on FLSD Docket 07/27/2016 Page 4 of 4 CERTIFICATE OF SERVICE I hereby certify that on July 27, 2016, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record identified on the Service List below via transmission of Notices of Electronic Filing generated by CM/ECF and Via E-Mail. s/ Adam S. Chotiner ADAM S. CHOTINER, ESQ. SERVICE LIST Erin Breen v. Jupiter Golf Club, LLC, et al. Case No. _______________________________ United States District Court, Southern District of Florida Cathleen Scott, Esq. E-Mail: cscott@scottwagnerlaw.com Scott Wagner & Associates, P.A. 250 S. Central Blvd., Suite 104-A Jupiter, FL 33458 Tel: (561) 653-0008 Fax: (561) 653-0020 Counsel for Plaintiff Via E-Mail Adam S. Chotiner, Esq. E-Mail: aschotiner@sbwlawfirm.com Shapiro, Blasi, Wasserman & Hermann, P.A. 7777 Glades Rd., Suite 400 Boca Raton, FL 33434 Tel: (561) 477-7800 Fax: (561) 477-7722 Counsel for Defendants Via CM/ECF 4 Case 9:16-cv-81334-WJZ Document 1-1 Entered on FLSD Docket 07/27/2016 Page 1 of 16 Filing# 43258044 E-Filed 06/27/2016 01:45:40 PM IN THE CIRCUIT COURT FOR THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: ERIN BREEN, Plaintiff, v. JUPITER GOLF CLUB, LLC D/B/A TRUMP NATIONAL GOLF CLUB JUPITER, and JOE DIPASQUANTONIO, Defendant. ----------------------~/ COMPLAINT COMES NOW, Plaintiff, ERIN BREEN ("Breen" or "Plaintiff') by and through her undersigned attorney, hereby files this Complaint against Defendant, JUPITER GOLF CLUB, LLC d/b/a TRUMP NATIONAL GOLF CLUB, JUPITER, a foreign limited liability company ("Defendant JGC"), and JOE DIPASQUANTONIO ("Defendant DiPasquantonio"), in his individual capacity. JURISDICTION AND VENUE 1. This is an action for damages in excess of $15,000, exclusive of interest, costs, and attorney's fees. 2. Breen's claims against Defendant JGC arise under Title VII of the Civil Rights Act of 1964, 43 U.S.C. 2000e, et seq, and Florida Civil Rights Act of 1992 ("FCRA"), Fla. Stat. § 760, et. seq. for retaliation. Scott.Wagner & Associates, P .A. Complaint Page 1 of 13 EXHIBIT "A" Case 9:16-cv-81334-WJZ Document 1-1 Entered on FLSD Docket 07/27/2016 Page 2 of 16 3. Breen's claims against Defendant DiPasquantonio arise under Florida law.. 4. Jurisdiction is proper in this Court pursuant to the FCRA. 5. This Court has concurrent jurisdiction pursuant to Title VII, 42 U.S.C. § 2000e-5. 6. At all times relevant to this Complaint, Plaintiff was a resident of Palm Beach County, Florida, and is otherwise sui juris. 7. Defendant JGC maintains a business located at 115 Eagle Tree Terrace, Jupiter, Florida 33477, where Plaintiff was employed. 8. Upon information and belief, Defendant DiPasquantonio is a resident of Palm Beach County, Florida, and is otherwise sui juris. 9. At all times relevant to this Complaint, Defendant JGC is a foreign limited liability company engaged in doing business in the state of Florida, including Palm Beach County. 10. Venue is proper because Defendant JGC does business in Palm Beach County; Defendant DiPasquantonio resides in Palm Beach County; and the events giving rise to this cause of action occurred in Palm Beach County. 11. At all times relevant to this Complaint, Breen was employed with the Defendant JGC in Palm Beach County. COMMON ALLEGATIONS 12. Breen worked as a supervisor for Trump Kids at Trump National Golf Club, Jupiter. 13. Breen started her employment with Defendant JGC's predecessor Ritz-Carlton Gold Club & Spa in August 2005. 14. Upon information and belief, Ritz-Carlton Gold Club & Spa was sold in 2012, and Scott Wagner & Associates,, P.A. Complaint Page 2 of 13 EXHIBIT "A" Case 9:16-cv-81334-WJZ Document 1-1 Entered on FLSD Docket 07/27/2016 Page 3 of 16 the name was changed to Trump National Golf Club, Jupiter. 15. Until the transition, Breen was a full time employee. At the time of the transition, Breen was offered a seasonal position by JGC. At the end of the season, Breen was offered a year round position and remained in the same position until her termination on January 16, 2014. 16. She was in the position of Kids Club Supervisor and performed the duties of maintaining and overseeing the daily operations of the kids program. 17. Breen was a well-regarded employee. All of her performance reviews reflected that Breen "exceeded expectations." 18. Just a few months before her termination, she was given a pay raise and compliments for her work by Tony Servideo, the General Manager (the "General Manager"). 19. During her employment, particularly during the last several months of her employment, Breen endured unwelcome sexual advances by the Food and Beverage Manager, Defendant DiPasquantonio. 20. While Breen previously had a good working relationship with Defendant DiPasquantonio, issues began to develop after he began making persistent sexual advances towards Breen. These comments and advances escalated towards the end of her employment. In particular, Defendant DiPasquantonio engaged in the following unwelcome and offensive conducts such as: a) calling Breen by pet names such as his "number one," his "Rock" because he claimed Breen "had a rock-hard body"; Scott Wagner & Associates,. P.A. Complaint Page 3 of 13 EXHIBIT "A" Case 9:16-cv-81334-WJZ Document 1-1 Entered on FLSD Docket 07/27/2016 Page 4 of 16 b) making repeated sexual jokes and commentary such as dropping something on the floor and asking Breen to bend over and pick it up; c) making sexual advances via text message; d) making sexual comments via social media chat such as "everything you do is cute," "it's hard now," "you should come up to our suite," and suggesting that he perform oral sex on her; and e) 21. Breen making sexual comments and advances on a daily basis at work. first objected to the harassment by pleading with Defendant DiPasquantonio, ·to stop his sexual commentary and advances. She told him that his conduct and comments were "unwanted and they need to stop." Defendant DiPasquantonio responded, "I don't give a shit what these idiots think. I'm in love with you, and I will leave my wife for you if you give me a chance." 22. Despite her objections, Defendant DiPasquantonio's harassment continued. He continued to make offensive and unwelcome comments and professed his love for her. 23. Unable to deter or to stop Defendant DiPasquantonio's sexual advances, Breen escalated her complaint to her supervisor. 24. Specifically, Breen formally complained on December 30, 2013 to her direct supervisor Laura Daniel, the Spa Director, about Defendant DiPasquantonio's sexual harassment. 25. Her supervisor was disinterested in her complaint. 26. Almost immediately after complaining to her supervisor about Defendant DiPasquantonio's sexual harassment, Breen suffered retaliation. 27. In January of 2014, just days after making the complaints about Defendant Scott Wagner & Associates, P.A. Complaint Page 4 of 13 EXHIBIT "A" Case 9:16-cv-81334-WJZ Document 1-1 Entered on FLSD Docket 07/27/2016 Page 5 of 16 DiPasquantonio's unwelcome se~ual advances, Breen was falsely accused of time-card theft by Defendant JGC. 28. Breen was placed on suspension on January 14, 2014 for alleged violations of company policy for time-card theft. 29. Breen requested proof of the false accusations of time-card theft and an opportunity to discuss, but she was never provided with any such proof On January 15, 2014, Breen received a telephone call from Janine Gill, the Human Resources Director (the "HR Director"). During that call, Breen requested information about the allegations and offered to refute the false accusations of time-card theft. However, the HR Director stated, "our minds are made up, and there is really nothing you can do to change that. The decision has been made." 30. Despite Breen's repeated requests, the HR Director refused to provide proof of the alleged time-card theft and further refused to provide Breen with an opportunity to refute the false allegations. 31. Defendant JGC could have disciplined, coached, suspended, or engaged in other forms of progressive discipline, but instead opted to abruptly terminate Breen's employment without discussion and without allowing Breen an opportunity to review and refute the allegations. 32. Breen did not engage in any time-card theft. 33. On January 16, 2014, Defendant JGC terminated Breen's employment. 34. Despite the fact that Breen was a well-regarded employee who had received pay raises and positive feedback from Defendant JGC throughout her employment, JGC retaliated angst her by terminating her employment for Scott Wagner &.Associates,.R.A. Complaint Page 5 of 13 EXHIBIT "A" reporting Defendant Case 9:16-cv-81334-WJZ Document 1-1 Entered on FLSD Docket 07/27/2016 Page 6 of 16 DiPasquantonio's unwelcome sexual advances and harassment. 35. Breen contends that her termination was retaliatory and despite evidence of unwelcome sexual advances the company chose to protect the harasser and punish the victim by terminating her employment. 36. The alleged reasons for termination, which include time-card theft and socializing with members are false and a pretext for the real motivation, her complaints about a harassing manager. 37. The retaliation continued even after her separation. 38. Defendant JGC accused Breen of "gambling" at the work place and same was cited by Defendant JGC as a reason for her sudden termination to the Florida Department of Economic Opportunity. 39. After Breen was terminated, she received a text message from Defendant DiPasquantonio stating that he was told by the General Manager that he "saved his ass" by terminating Breen and not him. 40. Breen files this action, as a result of Defendant JGC's retaliatory treatment. Exhaustion of Remedies 41. Prior to initiating this Complaint, Plaintiff filed a Charge of Discrimination with both the Florida Commission on Human Relations (FCHR) and the Equal Opportunity Commission (EEOC) on or about February 21, 2014. (See true and correct copy of said Charge attached to this Complaint as Exhibit A). 42. Plaintiff received a Right to Sue Notice from the EEOC. (See Right to Sue Notice dated March 29, 2016 attached to this Complaint as Exhibit B). 43. Plaintiff has complied with the statutory prerequisites of the FCRA and Title VII. Scott Wagner & Associates, P.A. Complaint Page 6 of 13 EXHIBIT "A" Case 9:16-cv-81334-WJZ Document 1-1 Entered on FLSD Docket 07/27/2016 Page 7 of 16 44. · More than one-hundred and eig-hty days have passed since Plaintiff filed her charge with the FCHR. 45. Plaintiff timely filed this complaint before the expiration of the Right to Sue notice. 46. Plaintiff has exhausted her administrative remedies under both the FCRA and Title VII. COUNT I RETALIATION IN VIOLATION OF 42 U.S.C. § 2000e-3 AS TO DEFENDANT JGC Plaintiff re-alleges and incorporates paragraphs 1 - 46 as fully set forth herein. 47. Breen is a female employee, subject to the protections of 42 U.S.C. § 2000e-3. 48. The Defendant is an employer as that term is defined in 42 U.S.C. § 2000e(b). 49. Defendant JGC employs fifteen (15) or more employees for each working day as part of its daily operation. 50. The Defendant engaged in retaliatory conduct towards Breen such that she was deprived of her rights under 42 U.S.C. § 2000e-3. 51. Breen complained about, and opposed what she reasonably believed constituted sexual harassment, which took place at the Trump National Golf Club, Jupiter. 52. Breen engaged in protected activity in that she complained to her direct supeNisor Laura Daniel, the Spa Director, on December 30, 2013 about Defendant DiPasquantonio's sexual harassment. 53. Thereafter, Defendant JGC engaged in adverse actions: a. By subjecting her to additional harassment, b. By falsely accusing Breen of time-card theft, c. By suspending her, Scott Wagner& Associates, .P.A. . Complaint Page 7 of 13 EXHIBIT "A" Case 9:16-cv-81334-WJZ Document 1-1 Entered on FLSD Docket 07/27/2016 Page 8 of 16 · d. By refusing to provide her with any proof of the false time-card theft allegation, e. By refusing to provide her with an opportunity to refute the time-card theft allegations, 54. f. By falsely accusing her of gambling at work, and g. By terminating her. Breen's protected activities and Defendant JGC's adverse actions are causally related. 55. Upon information and belief, in addition to the practices enumerated above, Defendant JGC may have engaged in other retaliatory practices against her which are not yet fully known. At such time as such retaliatory practices become known, Breen will seek leave of Court to amend this Complaint in that regard. 56. Defendant JGC knew or should have known that Breen was being retaliated against for her protected activities. 57. Despite said knowledge, Defendant JGC failed to take any remedial action, and terminated Breen. 58. Breen suffered damages as a result of Defendant JGC's conduct, by and through its agents, employees, and/or representatives. 59. As a direct and proximate result of the intentional retaliatory acts, Breen suffered injury and continues to suffer injury including past and future loss of income and other employment-related benefits, emotional pain and suffering, mental anguish, humiliation, loss of enjoyment of life, embarrassment, damage to her reputation, and other past and future pecuniary losses. Scott Wagner & Associates, P.A. Complaint Page 8 of 13 EXHIBIT "A" Case 9:16-cv-81334-WJZ Document 1-1 Entered on FLSD Docket 07/27/2016 Page 9 of 16 60. · Defendant JGC's actions· or inactions are based upon malice or reckless indifference to the protected rights of Breen, entitling her an award of punitive damages. 61. Breen seeks general, compensatory, and punitive damages, front pay or reinstatement, back pay, prejudgment and post-judgment interest, and reasonable attorney's fees and costs pursuant to 42 U.S.C. § 2000e-5(k). WHEREFORE, Breen prays for relief as follows: all damages that Breen has sustained as a result of Defendant JGC's conduct, including front pay or reinstatement, back pay, and damages for lost compensation and job benefits that would have been received but for the retaliatory actions of Defendant JGC; prejudgment and postjudgment interest, as provided by law, exemplary and punitive damages in an amount commensurate with Defendant JGC's ability to pay and to deter future conduct; reasonable attorney's fees and costs pursuant to 42 U.S.C. § 2000e-5(k); and such other relief as the Court deems just and proper. COUNT II RETALIATION IN VIOLATION OF FLORIDA CIVIL RIGHTS ACT, FLA STAT. § 760.10 AS TO DEFENDANT JGC Plaintiff re-alleges and incorporates paragraphs 1 - 46 as fully set forth herein. 62. Breen is a female employee, subject to the protections of section 760.10, Florida Statutes. 63. Defendant JGC is an employer as that term is defined in section 760.02(7), Florida Statutes. 64. Defendant JGC employs fifteen (15) or more employees for each working day as part of its daily operation. 65. Breen complained about, and opposed what she reasonably believed constituted ScottWagr:1~r& Associates,.PA Complaint Page 9 of 13 EXHIBIT "A" Case 9:16-cv-81334-WJZ Document 1-1 Entered on FLSD Docket 07/27/2016 Page 10 of 16 sexual harassment, which took place at :frump National Golf Club, Jupiter. 66. Breen engaged in protected activity in that she complained to her direct supervisor Laura Daniel, the Spa Director, on December 30, 2013 about Defendant DiPasquantonio's sexual harassment. 67. Thereafter, Defendant JGC engaged in adverse actions: a. By subjecting her to additional harassment, b. By falsely accusing Breen of time-card theft, c. By suspending her, d. By refusing to provide her with any proof of the false time-card theft allegation, e. By refusing to provide her with her an opportunity to refute the time-card theft allegations, 68. f. By falsely accusing her of gambling at work, and g. By terminating her. Breen's protected activities and Defendant JGC's adverse actions are causally related. 69. Upon information and belief, in addition to the practices enumerated above, Defendant JGC may have engaged in other retaliatory practices against her which are not yet fully known. At such time as such retaliatory practices become known, Breen will seek leave of Court to amend this Complaint in that regard. 70. Defendant JGC knew or should have known that Breen was being retaliated against for her protected activities. 71. Despite said knowledge, Defendant JGC failed to take any remedial action, and Scott Wagner.& Associates, P.A .. Complaint Page 10 of 13 EXHIBIT "A" Case 9:16-cv-81334-WJZ Document 1-1 Entered on FLSD Docket 07/27/2016 Page 11 of 16 terminated Breen. 72. Breen suffered damages as a result of Defendant JGC's conduct, by and through its agents, employees, arid/or representatives. 73. As a direct and proximate result of the intentional retaliatory acts, Breen suffered injury and continues to suffer injury including past and future loss of income and other employment-related benefits, emotional pain and suffering, mental anguish, humiliation, loss of enjoyment of life, embarrassment, damage to her reputation, and other past and future pecuniary losses. 74. Defendant JGC's actions or inactions are based upon malice or reckless indifference to the protected rights of Breen, entitling her an award of punitive damages. 75. Breen seeks general, compensatory, and punitive damages, front pay or reinstatement, back pay, prejudgment and post-judgment interest, and reasonable attorney's fees and costs pursuant to section 760.11 (5). WHEREFORE, Breen prays for relief as follows: all damages that Breen has sustained as a result of Defendant JGC's conduct, including front pay or reinstatement, back pay, and damages for lost compensation and job benefits that would have been received but for the retaliatory actions of Defendant JGC; prejudgment and postjudgment interest, as provided by law, exemplary and punitive damages in an amount commensurate with Defendant JGC's ability to pay and to deter future conduct; reasonable attorney's fees and costs pursuant to section 760.11 (5); and such other relief as the Court deems just and proper. Scott.Wagner& Associates, Complaint Page 11 of 13 EXHIBIT "A" PA Case 9:16-cv-81334-WJZ Document 1-1 Entered on FLSD Docket 07/27/2016 Page 12 of 16 COUNT Ill TORTIOUS INTERFERENCE WITH EMPLOYMENT RELATIONSHIP AS TO DEFENDANT DIPASQUANTONIO Plaintiff re-alleges and incorporates paragraphs 1 - 46 as fully set forth herein. 76. Breen and Defendant JGC had an employment relationship with Breen working as a Kids Club Supervisor at the Trump National Golf Club, Jupiter. 77. Defendant DiPasquantonio, as a Food and Beverage Manager of Defendant JGC was aware of the employment relationship between Breen and Defendant JGC. 78. Defendant DiPasquantonio acted outside the course and scope of his employment by subjecting Breen to unwelcome sexual advances and harassment. 79. Defendant DiPasquantonio was not acting in Defendant JGC's best interest when he sexually harassed Breen. 80. Defendant DiPasquantonio caused Breen's termination for improper and vindictive purposes, to wit, caused Breen's termination in order to avoid being terminated for sexual harassment of Breen. 81. Defendant DiPasquantonio sought to and in fact interfered with Breen's employment relationship with Defendant JGC by having her terminated. 82. Upon information and belief, Defendant DiPasquantonio interfered with Breen's employment relationship with Defendant JGC by inducing the General Manager to terminate Breen instead of Defendant DiPasquantonio for his sexual harassment conduct. 83. As a result of the Defendant's actions, Breen has suffered damages. 84. As a direct and proximate result of the Defendant DiPasquantonio's intentional acts and practices, Breen has suffered injury and continues to suffer injury and Scott Wagner& Associates, P.A. Complaint Page 12 of 13 EXHIBIT "A" Case 9:16-cv-81334-WJZ Document 1-1 Entered on FLSD Docket 07/27/2016 Page 13 of 16 damages including past and future loss of income and other employment benefits, emotional pain and suffering, mental anguish, humiliation, loss of enjoyment of life, embarrassment, damage to her reputation, and other past and future pecuniary losses. She further suffers from compensatory damages including emotional distress. 85. Breen's damages were caused by the Defendant's tortious actions. 86. Breen is entitled to and seeks general and compensatory damages in an amount to be proven at trial. WHEREFORE, Breen prays that judgment be entered in her favor against the Defendant DiPasquantonio for genera! and compensatory damages, as well as any and all additional damages this Court finds proper. DEMAND FOR JURY TRIAL Plaintiff further demands a trial by jury for all matters so triable. Dated this 27th day of June 2016. SCOTI WAGNER & ASSOCIATES, P.A. Jupiter Gardens 250 South Central Boulevard Suite 104-A Jupiter, FL 33458 Telephone: (561) 653-0008 Facsimile: (561) 653-0020 s/Cath!een Scott Cathleen Scott, Esq. Florida Bar No. 135331 Primary e-mail: CScott@scottwagnerlaw.com Secondary e-mail: mail@scottwagnerlaw.com Secondary Address: 101 Northpoint Parkway West Palm Beach, FL 33407 Attorney for Plaintiff Scott Wagner & Associates, P.A. . Complaint Page 13 of 13 EXHIBIT "A" Case 9:16-cv-81334-WJZ Document 1-1 Entered on FLSD Docket 07/27/2016 Page 14 of 16 CHARGE OF DISCRIMINATION -~' Thlil.torrn ts e1!acted by 1M l'lfvacy Act of 1974; See Prtvacy Act S!Qlem~l be !'ore complatlng this form. CHARGE NUMBER AG~NCY W FI;PA 51~-?4J~-TI'!1fftlo"""'-~t NOTARY- (When necessary for State and Local I want this charge filed with both the EEOC and the State or local Agency, if any. I will advise the agencies if I change my address or telephone number and I will cooperate fully with them in the processing of my charge in accordance with their procedures. I declare under penatty of perjury that the foregoing Is true and correct ~~ Date~\-~\ \d..Dt~ Requirements~. lq ~.l ~ ..,.._ ... I swear or affirm that I have read the above charge and that It Is true to the best of my knowledge, information and belief. s~o~ SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE Charging Party (Sigr1ature) (D~J~~u~n?t!') EEOC FORM 5 (Test 10/94)tL~: ~-a>~-'g3 ...9WS-o \> EXHIBIT "A" EXHIBIT A Case 9:16-cv-81334-WJZ Document 1-1 Entered on FLSD Docket 07/27/2016 Page 15 of 16 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION NOTICE OF RIGHT TO SUE (ISSUED ON REQUEST) To: From: Erin Breen cJo Cathleen Scott Scott Wagner and Associates, P.A. 250 South Central Blvd. Suite 104-A Jupiter, FL 33458 ··o Miami District Office Miami Tower, 100 S E 2nd Street Suite 1500 Miami, FL 33131 on bellsJf.of person($) sggrfeved w11ose tdenury 1s CONF/DENnAL (29 CFR §1601. 7(D)) EEOC Charge No. EEOC Representative 510-2014-02268 Investigator Telephone No. EDRAS REGISME, (305) 808-1819 (See also the additional information enclosed with this form.) NOTICE TO THE. P~S.ON AGGRIEVED: Title VII of the Civll Rights Act of 1964, the Americans with Disabilitles Act (ADA), or the Genetic Information Nondiscrimination Act (GINA): This is.your Notice of Right to Sue, issued under Title VII, the ADA or GINA based on the above-numbered charge. It has been issued your request. Your lawsuit under Title VII, the ADA or GINA must be filed in a federal or state court WITHIN 90 DAYS of your recelpt~pf this notice; or your right to sue based on this charge will be lost. (The time limit for filing suit based on a claim under state law max be different.) at 0 More than 180 days have passed since the filing of this charge. 0 -·Less than 180 days have passed since the filing of this charge, but I have determined that it is unlikely that the EEOC will be able to complete its administrative processing within 180 days from the filing of this charge. (KJ The EEOC is terminating its processing of this charge. 0 The EEOC will continue to precess this charge. Age Discrimination in Employment Act (AOEA): You may sue under the ADEA at any time from 60 days after the charge was filed until 90 days after you receive notice that we have completed action on the charge. In this regard, the paragraph marked below applies to your case: 0 The EEOC Is closing your case. Therefore, your lawsuit under the ADEA must be filed in federal or state court WITHIN 90 DAYS of your receipt of this Notice. Otherwise, your right to sue based on the above-numbered charge wilt be lost. 0 The EEOC ls continuing its handling of your ADEA case. However. if 60 days have passed since the filing of the charge, you may file suit In federal or state court under the ADEA at this time. Equal Pay Act (EPA): You already have the right to sue under the EPA {filing an EEOC charge is not required.) EPA suits must be brought in federal or state court within 2 years (3 years for willful violations) of the alleged EPA underpayment. This means that backpay due for any violations that occurred more than 2 years (3 years} before you file suit may not be collectible. If you file suit. based on this charge, please send a copy of your court complaint to this office. On behalf of the Commission MAR 2 9 2016 Enclosures(s) MICHAEL J. FARRELL, (Dste Msilsd) District Director cc: Respondent's Representative Charging Party's Legal Representative Jill A. Martin Assistant General Counsel TRUMP NATIONAL GOLF CLUB LOS ANGELES One Ocean Traits Drive Ranchos Palos Verdes, CA 90275 Cathleen Scott Scott Wagner and Associates, P.A. 250 South Central Blvd. Suite 104-A Jupiter, FL 33458 EXHIBIT "A" EXHIBITS Case 9:16-cv-81334-WJZ Document 1-1 Entered on FLSD Docket 07/27/2016 Page 16 of 16 Enclosure with EEOC FOtrn16Hl (11109) INFORMATION RELATED TO FlUNG SUIT UNDER THE LAWS ENFORCED BY THE EEOC (This information relates to filing suit in Federal or Slate court under Federal law. If you also plan to sue claiming violations of State law, please be aware that time limits and other provisions of State law may be shorter or more limited then those described below.) PRIVATE SUIT RlGHTS Title VII of the Civil Rights Act, the Americans with Disabilities Act(ADA), the Genetic Information Nondiscrimination Act (GINA), or the Age ·-· _ Discriminatio_n_ in ~mpl~yment Act (AD~~): _ In order to pursue this matter further, you must file a lawsuit against the respondent(s) named in the charge~ 90 days of the date you receive this Notice. Therefore, you should keep a record of this date. Once this 9~ day period is over, your right to sue based on the charge referred to in this Notice will be lost If you intend to consult an attorney, you should do so promptly. Give your attorney a copy of this Notice, and Its envelope, and tell him or her the date you received it. Furth~rmore, in order to avoid any question that you did not act in a timely manner, it is prudent that your suit be filed within 90 days of the date this Notice was mailed to you (as indicated where the Notice is signed) or the date of the postmark, if later. Your lawsuit may be filed in U.S. District Court or a State court of competent jurisdiction. (UsuaUy, the appropriate State court is the general civil trial court.) Whether you file in Federal or State court is a matter for you to decide after talking to your attorney. Filing this Notice is not enough. You must file a "complainr that contains a short statement of the facts of your case which shows that you are entitled to relief. Your suit may include any matter alleged In the charge or, to the extent permitted by court decisions, matters like or related to the matters alleged in the charge. Generally, suits are brought in the State where the alleged unlawful practice occurred, but in some cases can be brought where relevant employment records are kept, where the employment would have been, or where the respondent has its main office. If you have simple questions, you usually can get answers from the office of the clerk of the court where you are bringing suit, but do not expect that office to write your complaint or make legal strategy decisions for you. PRIVATE SUIT RIGHTS - Equal Pay Act (EPA): EPA suits must be filed in court within 2 years (3 years for willful violations) of the alleged EPA underpayment: back pay due tor violations that occurred more than 2 years (3 years} before you file suit may not be collectible. For example, if you were underpaid under the EPA for work performed from 7/1/08 to 1211108, you should file suit before 7/1110- not 12/1/10 -in order to recover unpaid wages due far July 2008. This time limit for filing an EPA sult is separate from the 90-day filing period under TiUe VII, the ADA, GINA or the ADEA referred to above. Therefore, if you also plan to sue under Title VII, the ADA, GINA or the AD EA. In addition to suing on the EPA claim, suit must be filed within 90 days of this Notice and within the 2- or 3-year EPA back pay recovery period. ATTORNEY REPRESENTATION - Title VII, the ADA or GINA: If you cannot afford or have been unable to obtain a lawyer to represent you. the U.S. District Court having jurisdiction in your case may, in limited circumstances, assist you in obtaining a lawyer. Requests for such assistance must be made to the U.S. District Court in the form and manner it requires (you should be prepared to explain in detail your efforts to retain an attorney). Requests should be made well before the end of the 90-