Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 1 of 76 PageID.1978
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`UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF HAWAII
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`Laurie Bolos, et al., on behalf of herself
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`and all others similarly situated,
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`Plaintiff,
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`Waldorf=Astoria Management LLC
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`Case No. CV 23-00104 JMS-KJM
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`DECLARATION OF MARTIN LAPOINTE
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`I, Martin LaPointe, declare as follows:
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`1. I am one of the attorneys for the Plaintiffs in this class action lawsuit. I currently
`reside in Prospect Heights, Illinois, and I’m now a partner for the law firm Harmssen LaPointe,
`P.C.
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`2. I have personal knowledge of the matters stated herein. If called to testify as to these
`matters, I could and would testify competently.
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`3. This declaration is provided in support of Plaintiffs’ Motion for Leave to File Second
`Amended Complaint (“Motion to Amend” hereinafter).
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`4. Attached as Exhibit A is a redlined version of Plaintiffs’ proposed Second Amended
`Complaint in accordance with Local Rule 10.4.
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`5. Over approximately the past eight months, Plaintiffs’ counsel has been contacted by in
`excess of seventy (70) independent contractors who work now, or have worked in the past, for
`Defendants’ Grand Wailea Hotel wanting to join the lawsuit as named plaintiffs. As a result, as
`their attorneys, we knew we would need to seek leave to amend the First Amended Complaint
`(“FAC”) to allow them to join the lawsuit.
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`6. During this same timeframe, the Parties were discussing the possibility of mediation at
`the request of Defense counsel. Plaintiffs’ counsel requested an extension of the briefing
`schedule for Defendants’ three pending motions: (1) a motion to compel arbitration and for a stay
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`1
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`Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 2 of 76 PageID.1979
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`pending arbitration with respect to the Hawai`i subclass; (2) a motion to dismiss individual Defendant
`Joseph Berger for lack of jurisdiction; and (3) a motion to compel arbitration and for a stay pending
`arbitration with respect to the California Subclass (“Defendants’ pending motions”). On August 5, 2023,
`Defense counsel requested that Plaintiff’s counsel focus their attention to drafting a Second Amended
`Complaint for purposes of settlement discussions, rather than address Defendants’ pending motions.
`Plaintiffs’ counsel obliged Defense counsel’s request in good faith to explore an early resolution and
`agreed to supply a proposed Second Amended Complaint.
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`7. On August 9, 2023, the Court stayed this case to allow the parties to explore
`settlement. The parties eventually scheduled a settlement conference with Magistrate Judge
`Mansfield on December 1, 2023. The settlement conference was vacated shortly before
`December 1st.
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`7. During the stay of the lawsuit, Plaintiffs’ counsel believed it was important to
`periodically inform Defense counsel regarding the additional people who wished to join as
`named plaintiffs. I sent a number of emails to Defense counsel informing them of this fact and
`attaching updated proposed Second Amended Complaints each time, including on September 28,
`2023, October 19, 2023, and November 24, 2023
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`8. I also notified Defense counsel that Plaintiffs and the Putative Class Members working for
`Defendants’ Grand Wailea hotel were being subjected to worsening and unsafe working conditions which
`Plaintiffs considered to be retaliation.
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`9. In my emails to Defendants’ counsel, I also prospectively informed them that we were
`removing the California portion of the lawsuit, and we would be refiling that part of the case in
`Southern California. I also informed Defendants’ counsel that we would be adding a Hawaii
`state law RICO count and retaliation allegations and claims related to the mass layoffs of our
`clients still working at Grand Wailea and their application to W-2 employees of the Hotel.
`Plaintiffs’ counsel have since filed the California class action lawsuit, and they are working to set
`a mediation date in April or May 2024 with Defense counsel on that case.
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`10. On the morning of February 8, 2024, I sent counsel for Defendants draft versions of the
`Second Amended Complaint which added additional named plaintiffs, removed the California Plaintiffs
`and causes of action, added a retaliation claim and other claims related to events occurring after the filing
`of the FAC, and incorporated a state law RICO claim.. On February 9, 2024, in accordance with Local
`Rule 7.8, the attorneys for Plaintiffs and Defendants conferred by telephone in an attempt to reach a
`stipulation on the proposed motion to amend. Defendants’ counsel expressed that Defendants would
`oppose Plaintiffs’ motion to amend, primarily based on futility and argued that unnecessary costs and
`expenses on all sides would result from duplicative briefing based on their previous Motion to Compel
`Arbitration, which was withdrawn by the Court in light of the stay of the proceedings. Defense counsel
`also objected to an allegation pertaining to the state law RICO claim which was substantively identical to
`an allegation asserted with respect to the federal RICO claim in the FAC. Plaintiffs’ counsel sent another
`draft SAC after the meet and confer to clarify the allegations and address Defense counsel’s concerns.
`Specifically, Plaintiffs’ counsel clarified that the individual Defendants profited through their fraudulent
`misclassification scheme by virtue of their positions as executives of the corporate Defendants, which
`profited at greater margins than they otherwise should have due to their misclassification of the Plaintiffs
`and Putative Class Members.
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`2
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`Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 3 of 76 PageID.1980
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`11. On February 14, 2024, in another effort to reach an agreement on the Motion to Amend,
`Plaintiffs’ counsel emailed a proposed stipulation to counsel for Defendants which would allow the
`Plaintiffs to file their Second Amended Complaint while extending the deadline for Defendants’
`responsive pleading until after the Court ruled on the Defendants’ Motion to Compel Arbitration.
`Counsel for Defendants refused to agree to such a stipulation.
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`I declare under the penalty of perjury under the laws of the State of Illinois and
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`the United States of America that the foregoing is true and correct.
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`Executed this 16th day of February 2024, at Prospect Heights, Illinois.
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`________________________
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`Martin LaPointe
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`3
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`Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 4 of 76 PageID.1981
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`Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 5 of 76 PageID.1982
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`Sandra D. Lynch, Esq. (Hawai`i #8584)
`LYNCH LAW OFFICES, LLLC
`204 11th Street
`Honolulu, HI 96813
`Telephone:808-312-4913
`Facsimile: 808-490-0490
`lynchlawhaw@gmail.com
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`Daniel L. Feder (California SBN 130867)
`LAW OFFICES OF DANIEL FEDER
`235 Montgomery Street, Suite 1019
`San Francisco, CA 94104
`Telephone: (415) 391-9476
`Facsimile: (415) 391-9432
`daniel@dfederlaw.com
`
`Martin K. LaPointe (IL ARDC# 6195827)
`Brittany E. Harmssen (California SBN 307987)
`HARMSSEN LAPOINTE, PC
`111 N. MARKET STREET, STE. 300
`SAN JOSE, CA 95113
`TELEPHONE: 408-422-5458
`FACSIMILE: 408-332-5858
`MLAPOINTE@HARMSSENLAW.COM
`BHARMSSEN@HARMSSENLAW.COM
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`Attorneys for Plaintiffs, on behalf of
`themselves and all others similarly situated
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT COURT OF HAWAI`I
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`Case No.: 1:23-cv-00104
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`SECOND AMENDED CLASS AND
`COLLECTIVE ACTION COMPLAINT
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`DEMAND FOR JURY TRIAL
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`LAURIE BOLOS, an individual;
`AIMEE ADAMS, an individual;
`ERIN ADAMS, an individual;
`MARINA ALEXEEVA, an individual;
`JOVANEE ALVIEDO, an individual;
`LINDSEY BALDRIGE, an individual;
`MARTA BALDWIN, an individual;
`ALISON BELDING, an individual;
`PETRINA ANGULO SANCHEZ BIVEN,
`an individual;
`KATHLEEN BLASER, an individual;
`BO BLINSKI, an individual;
`ROBIN BOLOS, an individual;
`ERIC BORR, an individual;
`GERI MISTY BOTEILLO-DOUGHERTY,
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`1
`SECOND AMENDED CLASS AND COLLECTIVE ACTION COMPLAINT
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`Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 6 of 76 PageID.1983
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` an individual;
`JACQUELINE BUI, an individual;
`DAWN BOUCHER, an individual;
`CHERYL BOUILLON, an individual;
`MARISELA BRACHO, an individual;
`KAREN BRANDON, an individual;
`INGE BRODEHL, an individual;
`MOLLY BROOKE, an individual;
`DANA BURIANOVA, an individual;
`SRI MARLINDA CAMINOS, an individual;
`CAREY CARROLL, an individual;
`ERIN CARROLL, an individual;
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`HEATHER CAUSEY, an individual;
`AMANDA CLEVELAND, an individual;
`NAOKO CURRY, an individual;
`GAIL DECOITE, an individual;
`JEFF EGAN, an individual;
`TINA ECKLAR, an individual;
`ROGER ENGEL, an individual;
`OLGA FOSTER, an individual;
`CARISSA FRANCO, an individual;
`MELIANIE FRISKE, an individual;
`CHIMIKO FUKUI, an individual;
`PAMELA GIST, an individual;
`LAURA GLEASON, an individual;
`OLGA GORINA, an individual;
`ANGELA GUERRA, an individual;
`STEPHANIE HADDAD, an individual;
`ALEXIS HAWKES, an individual;
`CARLY HEIMS, an individual;
`BEVERLY HELM, an individual;
`JONI HENKEL, an individual;
`WARREN HIGUCHI, an individual;
`MISTY HUDSPETH, an individual;
`TORREY HYMAN, an individual;
`ALINA IBRAGIMOVA DA ROCHA LIMA
`, an individual;
`KAORI IWATAKE-WILLIAMS, an
`individual;
`FRANCINE JOHANSEN, an individual;
`FELICITAS JOHNSTON, an individual;
`KALENA KAILI-THOMAS, an individual;
`BETSY JO KALLENBACH, an individual;
`LAUREN KASPER, an individual;
`GABRIELLE KATER, an individual;
`CAROL LYNN KATO, an individual;
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`2
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`Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 7 of 76 PageID.1984
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`HIROKO KAWACHI, an individual;
`YULIYA LABROSSE, an individual;
`APRIL LAMPARELLI, an individual;
`KARI LAWRENCE, an individual;
`NANCY LAWRENCE, an individual;
`BROOKE LEE, an individual;
`ELLEN LICHT, an individual ;
`KATHRINE LINDEMAN, an individual;
`WENDIE LINDSAY, an individual;
`HELENE LOS BANOS, an individual;
`KATHRYN LUNDQUIST, an individual;
`CHIHIRO MACKNIGHT, an individual;
`ADRIANA XAVIER MACGUIRE, an
`individual;
`MARLIYN MARANO, an individual;
`KAZUYO MATSUNOUCHI, an individual;
`AMANDA MAYERS, an individual;
`KELLY MCDONAGH, an individual;
`LESLIE MCGUIRE, an individual;
`SARA MEDEIROS, an individual;
`ANA CRISTINA MALAGUTI MIRANDA,
`an individual;
`MELEA MOIR, an individual;
`CARLA MOORE, an individual;
`HOLLI MORTON, an individual;
`LILIANA MOSKWA, an individual;
`JEAN MULDOON, an individual;
`TINA NGUYEN, an individual;
`LAURIE NOBLE, an individual;
`MARIA NORWOOD, an individual;
`SUSAN OLMSTED, an individual;
`DANIELLE OLSON, an individual;
`FIRMIANA OVANDO, an individual;
`PATRICIA PACE, an individual;
`DAYNA PACHECO, an individual;
`MICHAEL PAINCHAUD, an individual;
`ANDREA PERKETT, an individual;
`HEAVENLY QUINTERO, an individual;
`RAMANI RAMANI, an individual;
`EMIKO REISS, an individual;
`MANYA REINIER, an individual;
`JEANNE REYNOLDS, an individual;
`JANA RICHARDSON, an individual;
`CHRISTOPHER RIDGE, an individual;
`TSUYOSHI SAITO, an individual;
`MAIJA SALMA, an individual;
`BETTY SCHNEIDER, an individual;
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`3
` SECOND AMENDED CLASS AND COLLECTIVE ACTION COMPLAINT
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`Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 8 of 76 PageID.1985
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`Plaintiffs,
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`v.
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`SIENNA SCHUBERT, an individual;
`KYLA SCHWARTZ, an individual;
`ELYSIA SEMMERLING, an individual;
`LISA LUJAN SHAW, an individual;
`DEVRI SCHULTZ, an individual;
`META BARBARA SMITH, an individual;
`KAREN STAVASH, an individual;
`LAURA STEPHENS, an individual;
`JAY-R TAGAJUNA, an individual;
`JULIE TAKETA, an individual;
`TIFFANY TEA, an individual;
`BARBARA TIMO, individual;
`NANCY VANDERVOORT, an individual;
`AMBER VAUGHN-BAL, an individual;
`TARA WALSH, an individual;
`JAMES WASH, an individual;
`ZOE WELLS, an individual;
`CHELSEA WOOD, an individual; and
`NALANI (“STACY”) ZANE, an individual;
`on behalf of themselves and all others
`similarly situated.
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`Waldorf=Astoria Management LLC operating
`as Grand Wailea, A Waldorf Astoria Resort;
`GW Manager LLC dba Grand Wailea, A
`Waldorf Astoria Resort; BRE Iconic GWR
`Owner LLC; BRE Hotels & Resorts LLC; John
`Paul Oliver; Allan Federer; Joseph Berger; Bart
`Santiago, as individuals; and DOES 1-25,
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`Defendants.
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`1.
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`INTRODUCTION
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`Plaintiffs bring the claims asserted in their Second Amended Class & Collective Action
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`Complaint individually and on behalf of each of the massage therapists, nail technicians, estheticians,
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`and hair stylists who worked at the Spa Grande located within the Grand Wailea-Waldorf Astoria
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`Resort, 3850 Wailea Ananui Drive, Wailea, Hawai`i, 96753 (hereinafter, “the Spa”) at any time during
`4
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`the relevant statutes of limitation, and who Defendants misclassified as “independent contractors”
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`(hereinafter, “Plaintiffs and the Putative Class Members” or “the Spa workers”).
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`2.
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`At any given time during the statutorily relevant time period, Defendants employed more
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`than ninety (90) massage therapists and more than twenty-five (25) nail technicians, estheticians, and
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`hair stylists, as well as “lead” technicians, to work at the Spa, each of whom Defendants willfully
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`misclassified as independent contractors. According to Defendants’ records produced in this lawsuit,
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`the number of workers for the Defendants who worked at the Grand Wailea and were classified by
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`Defendants as independent contractors is at least one hundred and ninety (190) individuals.
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`3.
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`Defendants Waldorf=Astoria Management LLC operating as Grand Wailea, a Waldorf
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`Astoria Resort; GW Manager LLC, dba Grand Wailea, a Waldorf Astoria Resort; BRE Iconic GWR
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`Owner LLC; and BRE Hotels & Resorts LLC; (collectively, the “corporate Defendants”) and John Paul
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`Oliver; Allan Federer; Joseph Berger; Bart Santiago; (collectively, the “individual Defendants”) and
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`DOES 1-25 are corporate entities and individuals who currently own and manage the Grand Wailea
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`resort, including the Spa, and/or did so during the statutorily relevant time period.
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`4.
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`By virtue of Defendants’ misclassification, Plaintiffs and the Putative Class Members
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`neither received mandatory benefits to which they are entitled under state and federal law, including
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`but not limited to workers’ compensation insurance, short-term disability insurance, retirement and
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`social security benefits, unemployment insurance, and health insurance, nor employment benefits that
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`Defendants provide to their W-2 employees. Further, Defendants failed to pay Plaintiffs and the
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`Putative Class Members all wages owed, including the minimum and overtime wages to which they
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`are entitled, and penalties for late wages under federal and state law.
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`5.
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`Prior to and after being put on express written notice of their unlawful misclassification
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`of Plaintiffs and the Putative Class Members, the corporate and individual Defendants engaged in a
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`pattern of racketeering conduct that consisted of repeated and continuous acts of mail and wire fraud,
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`5
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`Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 10 of 76 PageID.1987
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`conducted with the aim of escaping payment obligations mandated by state law, with respect to
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`workers’ compensation insurance, for example, and mandated by federal law, with respect to the
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`Federal Insurance Contributions Act (“FICA”), for example.
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`6.
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`Accordingly, Plaintiffs and the Putative Class Members seek all available relief under
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`the Fair Labor Standards Act of 1938, 29 U.S.C. § 201, et seq. (“FLSA”); the Racketeer Influenced and
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`Corrupt Organizations Act, 18 U.S.C. § 1961, et seq. (“RICO”); Hawai`i Revised Statutes §§ 383-73,
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`383-142, 387-12, 388-2, 388-3, 388-10, 392-41, 392-47, 393-11, 393-33, 480-13 and 842; and Hawai`i
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`common law.
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`7.
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`Plaintiffs’ FLSA claims are asserted as a collective action under Section 16(b) of the
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`FLSA while their RICO and state law claims are asserted as a class action under Federal Rule of Civil
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`Procedure 23(b)(3) (“Rule 23”).
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`JURISDICTION AND VENUE
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`8.
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`This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C. § 1331 as
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`this is an action arising under 29 U.S.C. §§ 201–19 and 18 U.S.C. § 1961, et seq.
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`9.
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`This Court has supplemental jurisdiction over the additional state law claims pursuant
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`to 28 U.S.C. § 1367(a) because the state law claims arise from a common set of operative facts and are
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`so related to the claims within this Court’s original jurisdiction that they form a part of the same case
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`or controversy.
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`10.
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`This Court has personal jurisdiction over Defendants because the causes of action arose
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`within this District as a result of Defendants’ conduct within this District. Defendants purposefully
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`availed themselves of the privileges of conducting activities in the State of Hawai`i and established
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`contacts sufficient to confer jurisdiction.
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`11.
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`This Court also has personal jurisdiction over the individual Defendants (also hereinafter
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`6
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`Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 11 of 76 PageID.1988
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`referred to as “co-conspirators” or the “RICO enterprise”)—one of whom, Defendant Joseph Berger, is a
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`nonresident of the forum state—and venue is proper because this court possesses personal jurisdiction
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`over at least one co-conspirator based on a traditional minimum contacts analysis with the forum state,
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`there is no other district in which a court would have personal jurisdiction over all of the alleged co-
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`conspirators, and a single nationwide RICO conspiracy exists. The individual Defendants entered into a
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`contractual relationship and settlement agreement centered in the forum state of Hawai`i which related
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`to the same unlawful employment practices affecting Plaintiffs and the Putative Class Members; and
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`thus, Plaintiffs and the Putative Class Members sustained harm as a result of the individual Defendants’
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`forum contacts and their conspiracy to further conceal and continue the unlawful misclassification of
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`the Spa workers.
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`12.
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`Venue is proper in the U.S. District Court of Hawai`i under 28 U.S.C.§1391(b)(2) in that
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`this is the judicial district in which a substantial part of the events or omissions giving rise to the claims
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`occurred.
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`
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`The Named Plaintiffs
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`PARTIES
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`13.
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` Laurie Bolos is an adult female and a resident of Hawai`i. She has worked as a
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`manicurist and “lead” nail technician at the Spa since 1996.
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`14.
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`Aimee Adams is an adult female and a resident of Hawai`i. She has worked as a
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`massage therapist at the Spa since 2002.
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`15.
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`Erin Adams is an adult female and a resident of Hawai`i. She worked as a massage
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`therapist at the Spa from May 2018 to September 2021.
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`16.
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`Jovanee Alviedo is an adult female and resident of Hawai´i. She has worked as a
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`massage therapist at the Spa since 2015.
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`17.
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`Lindsey Baldrige is an adult female and resident of Hawai´i. She has worked as an
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`esthetician at the Spa since March of 2023.
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`18. Marta Baldwin is an adult female and a resident of Hawai`i. She worked as a massage
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`therapist at the Spa from August 2015 to March 2022.
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`19.
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`Alison Belding is an adult female and resident of Hawai´i. She worked as a massage
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`therapist at the Spa from 2014 until 2022.
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`20.
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`Petrina Angulo Sanchez Biven is an adult female and a resident of Hawai`i. She
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`worked as a nail technician, massage therapist, and esthetician at the Spa from 2010 through 2019.
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`21.
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`Kathleen Blaser is an adult female and a resident of Hawai`i. She has worked as a
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`Massage Therapist at the Spa since 1997.
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`22.
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`Bo Blinski is an adult male and a resident of Hawai`i. He worked as a sports
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`instructor/coordinator at the Grand Wailea from 1990 to March 2020.
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`23.
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`Robin Bolos is an adult male and a resident of Hawai`i. He has worked as a massage
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`therapist and “lead” massage therapist at the Spa in excess of thirty years.
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`24.
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`Eric Borr is an adult male and a resident of Hawai`i. He worked as a massage therapist
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`at the Spa from November 2018 until July 2022.
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`25.
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`Geri Misty Boteilo-Dougherty is an adult female and resident of Hawai´i. She worked
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`as a massage therapist at the Spa from 2013 to 2018.
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`26.
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`Dawn Boucher is an adult female and a resident of Hawai`i. She has worked as an
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`Esthetician at the Spa since 2018.
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`27.
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`Cheryl Bouillon is an adult female and resident of Hawai`i. She has worked as a nail
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`Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 13 of 76 PageID.1990
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`technician at the Spa since approximately 1991.
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`28. Marisela Bracho is an adult female and resident of Hawai`i. She has worked as a
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`massage therapist at the Spa since 2003.
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`29.
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`Karen Brandon is an adult female and resident of Hawai`i. She has worked as an
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`esthetician at the Spa since approximately 1996.
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`30.
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`Inge Brodehl is an adult female and a resident of Hawai`i. She has worked as a massage
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`therapist at the Spa since 1998.
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`31. Molly Brooke is an adult female and a resident of Hawai`i. She has worked as a massage
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`therapist at the Spa since 2019.
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`32.
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`Jacqueline Bui is an adult female and a resident of Hawai`i. She has worked as a nail
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`technician at the Spa since 2013.
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`33.
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`Sri Marlinda Caminos is an adult female and a resident of Hawai`i. She has worked as
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`a massage therapist at the Spa from 2007 to the present.
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`34.
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`Carey Carroll is an adult female and resident of Hawai`i. She has worked as a
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`massage therapist at the Spa since September 2009.
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`35.
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`Erin Carroll is an adult female and resident of Hawai`i. She worked as a massage
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`therapist at the Spa from 2009 -2022.
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`36.
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`Heather Causey is an adult female and a resident of Hawai`i. She worked as a massage
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`therapist at the Spa in 2019.
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`37.
`
`Amanda Cleveland is an adult female and resident of Hawai´i. She worked as a massage
`
`therapist at the Spa from 2016 to 2022.
`
`38.
`
`Naoko Curry is an adult female and a resident of Hawai`i. She worked as a massage
`
`9
` SECOND AMENDED CLASS AND COLLECTIVE ACTION COMPLAINT
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`

`Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 14 of 76 PageID.1991
`
`
`therapist at the Spa from 2005 until April 2021.
`
`39.
`
`Gail DeCoite is an adult female and resident of Hawai`i. She worked as a hair stylist
`
`at the Spa from approximately 2006 through July 2018.
`
`
`40.
`
`Tina Ecklar is an adult female and resident of Hawai´i. She has worked as a massage
`
`therapist at the Spa since 2016.
`
`41.
`
`Jeff Egan is an adult male and resident of Hawai`i. He worked as a massage therapist
`
`and lead massage therapist at the Spa from 2005 through 2022.
`
`
`42.
`
`Roger Engel is an adult male and a resident of Hawai`i. He worked as a massage
`
`therapist at the Spa from 2016 through 2020.
`
`43.
`
`Olga Foster is an adult female and resident of Hawai´i. She worked as a massage
`
`therapist at the Spa from 2017 until 2020.
`
`44.
`
`Carissa Franco is an adult female and resident of Arizona. She worked as a massage
`
`therapist at the Spa from 2016 to 2021.
`
`45. Melanie Friske is an adult female and a resident of Hawai´i. She has worked as a
`
`massage therapist at the Spa since 1997.
`
`46.
`
`Chimiko Fukui is an adult female and resident of Hawai´i. She has worked as a massage
`
`therapist at the Spa since November of 2019.
`
`47.
`
`Pamela Gist is an adult female and resident of Hawai`i. She has worked as a nail
`
`technician and “lead” nail technician at the Spa since approximately 1999.
`
`
`48.
`
`Laura Gleason is an adult female and a resident of Hawai`i. She worked as a massage
`
`therapist at the Spa from 2000 through August 2019.
`
`10
` SECOND AMENDED CLASS AND COLLECTIVE ACTION COMPLAINT
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`

`

`Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 15 of 76 PageID.1992
`
`
`49.
`
`Olga Gorina is an adult female who is currently not residing in Hawaii. She was
`
`employed as a Massage Therapist at the Spa from June 2018 until March 2022.
`
`50.
`
`Stephanie Haddad is an adult female and a resident of Hawai`i. She worked as a massage
`
`therapist at the Spa from 2004 through 2018.
`
`51.
`
`Alexis Hawkes is an adult female and resident of Hawai´i. She worked as a massage
`
`therapist at the Spa from 2012 through 2022.
`
`52.
`
`Carly Heims is an adult female and resident of Oregon. She worked as a massage
`
`therapist at the Spa from 2017 through 2018.
`
`53.
`
`Beverly Helm is an adult female and resident of Hawai`i. She has worked as an
`
`esthetician and "lead” esthetician at the Spa since 1997.
`
`
`54.
`
`Joni Henkel is an adult female and resident of Hawai´i. She worked as a massage
`
`therapist at the Spa from 2010 through 2017.
`
`55. Warren Higuchi is an adult male and resident of Hawai´i. He worked as a massage
`
`therapist at the Spa from 2017 to 2022.
`
`56. Misty Hudspeth is an adult female and a resident of Hawai`i. She has worked at the Spa
`
`as a massage therapist since 2000.
`
`57.
`
`Torrey Hyman is an adult female and a resident of California. She worked as a massage
`
`therapist at the spa from August 2016 until May 2017.
`
`58.
`
`Alina Ibragimova da Rocha Lima is an adult female and resident of Hawai`i. She
`
`worked as a massage therapist at the Spa from 2016 through 2022.
`
`59.
`
`Kaori Iwatake-Williams is an adult female and resident of Hawai´i. She has worked as
`
`a massage therapist at the Spa since 2005.
`
`60.
`
`Francine Johansen is an adult female and a resident of Hawai`i. She worked as a massage
`
`11
` SECOND AMENDED CLASS AND COLLECTIVE ACTION COMPLAINT
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`

`

`Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 16 of 76 PageID.1993
`
`
`therapist at the Spa from 1995 to October of 2017.
`
`61.
`
`Felicitas Johnston is an adult female and a resident of Hawai`i. She worked as a massage
`
`therapist at the Spa from August 2012 to June 2021.
`
`62.
`
`Kalena Kaili-Thomas is an adult female and resident of Hawai’i. She worked as a
`
`massage therapist at the Spa from 1994 until approximately 2017.
`
`
`63.
`
`Betsy Jo Kallenbach is an adult female and resident of Hawai`i. She worked as a
`
`massage therapist at the Spa from 2019 through 2020.
`
`64.
`
`Lauren Kasper is an adult female and resident of Hawai`i. She worked as an
`
`esthetician at the Spa from 2018 through 2022.
`
`65.
`
`Gabrielle Kater is an adult female and a part-time resident of Hawai`i. She has worked
`
`as an esthetician at the Spa since 2008.
`
`66.
`
`Carol Lynn Kato is an adult female and resident of Hawai`i. Plaintiff Kato worked as
`
`a massage therapist at the Spa from 1996 through 2021.
`
`67.
`
`Hiroko Kawachi is an adult female and resident of Hawai´i. She has worked as a
`
`massage therapist at the Spa since 2011.
`
`
`
`68.
`
`Yuliya LaBrosse is an adult female and resident of Hawai`i. She has worked as a
`
`massage therapist at the Spa since 2012.
`
`69.
`
`April Lamparelli is an adult female and resident of Hawai`i. She worked as a massage
`
`therapist at the Spa from 2005 through 2020.
`70.
`Jennifer Lauer is an adult female and resident of Hawai´i. She has worked as a fitness
`
`instructor at the Spa since 2013.
`
`71.
`
`Kari Lawrence is an adult female and a resident of Hawai`i. She has worked as a massage
`
`therapist at the Spa since 1998.
`
`12
` SECOND AMENDED CLASS AND COLLECTIVE ACTION COMPLAINT
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`

`

`Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 17 of 76 PageID.1994
`
`
`72.
`
`Nancy Lawrence is an adult female and resident of Hawai´i. She has worked as a lead
`
`fitness instructor at the Spa since 1994.
`
`73.
`
`Brooke Lee is an adult female and resident of Arizona. She worked as an Esthetician at
`
`the Spa from 2007 through 2017.
`
`74.
`
`Ellen Licht is an adult female and resident of Hawai`i. She worked as a massage
`
`therapist and lead massage therapist from 1994 through 2020.
`
`75.
`
`Kathrine Lindeman is an adult female and resident of Arizona. She worked as a
`
`massage therapist at the Spa from 2006 through April 2021.
`
`76. Wendie Lindsay is an adult female and resident of Hawai`i. She has worked as an
`
`esthetician at the Spa since approximately 2018.
`
`77.
`
`Helene Los Banos is an adult female and resident of Hawai`i. She worked as a
`
`massage therapist at the Spa from 2006 through Spring 2021.
`
`
`78.
`
`Kathryn Lundquist is an adult female and resident of Hawai´i. She worked as a massage
`
`therapist at the Spa from 2005 through 2021.
`
`79.
`
`Chihiro MacKnight is an adult female and resident of Hawai´i. She has worked as a
`
`massage therapist at the Spa since 2016.
`
`80.
`
`Adriana Xavier Maguire is an adult female and a resident of Hawai`i. She has worked
`
`as a massage therapist at the Spa since 2008.
`
`81. Marilyn Marano is an adult female and a resident of California. She was a massage
`
`therapist at the Spa from 1996 until May 2019.
`
`82.
`
`Kazuyo Matsunouchi is an adult female and resident of Hawai´i and has worked as a
`
`massage therapist at the Spa since 2022.
`
`83.
`
`Kelly McDonagh is an adult female and a resident of Hawai`i. She worked as a massage
`
`therapist at the Spa from October 2016 to April 2022.
`
`13
` SECOND AMENDED CLASS AND COLLECTIVE ACTION COMPLAINT
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`

`

`Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 18 of 76 PageID.1995
`
`
`84.
`
`Leslie McGuire is an adult female and resident of California. She worked as an
`
`esthetician at the Spa from 2007-2014 and again in 2018.
`
`
`85.
`
`Sara Medeiros is an adult female and a resident of Hawai`i. She worked as a nail
`
`technician at the Spa from 2016 to 2022.
`
`86. Melea Moir is an adult female and resident of Hawai`i. She has worked as an
`
`esthetician at the Spa since 1991.
`
`
`87.
`
`Carla Moore is an adult female and a resident of Hawai`i. She worked as a massage
`
`therapist at the Spa in 2018
`
`88.
`
`Holli Morton is an adult female and a resident of Hawai`i. She worked as a massage
`
`therapist at the Spa from 2018 to 2020.
`
`89.
`
`Liliana Moskwa is an adult female and resident of Hawai´i. She worked as a massage
`
`therapist at the Spa from 2017 to 2022.
`
`90.
`
`Jean Muldoon is an adult female and resident of Hawai´i. She worked as a hair stylist
`
`at the Spa from 1997 to 2005.
`
`91.
`
`Tina Nguyen is an adult female and resident of Hawai`i. She worked as a nail
`
`technician at the Spa from 2011-2017 and again during 2022.
`
`
`92.
`
`Laurie Noble is an adult female and a resident of Hawai`i. She has worked as a massage
`
`therapist at the Spa since 1994.
`
`93. Maria Norwood is an adult female and resident of Washington. She worked as a nail
`
`technician at the Spa until July 2018.
`
`
`94.
`
`Susan Olmsted is an adult female and a resident of Hawai`i. She has worked as a
`
`massage therapist at the Spa since 2005.
`
`14
` SECOND AMENDED CLASS AND COLLECTIVE ACTION COMPLAINT
`
`

`

`Case 1:23-cv-00104-JMS-KJM Document 114-2 Filed 02/16/24 Page 19 of 76 PageID.1996
`
`
`95.
`
`Danielle Olson is an adult female and a resident of Hawai`i. She has worked as a
`
`massage therapist at the Spa since 2017.
`
`96.
`
`Firmiana Ovando is an adult female and resident of Hawai`i. She worked as a
`
`massage therapist at the Spa from approximately 2000 through 2018.
`
`
`97.
`
`Patricia Pace is an adult female who presently resides in the Czech Republic. She worked
`
`as a massage therapist at the Spa from May 2015 to March 2021 and remained under contract with the
`
`Spa until early 2023.
`
`98.
`
`Dayna Pacheco is an adult female and a resident of Hawai`i. She worked as a hairstylist
`
`at the Spa from 2014 through March 2020.
`
`99. Michael Painchaud is an adult male and a resident of Hawai`i. He has worked as a
`
`massage therapist at the Spa since 2010.
`
`100. Andrea Perkett is an adult female and resident of Hawai`i. She worked as a an
`
`esthetician and lead esthetician at the Spa from approximately 2007 through 2