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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF KANSAS
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`Case No. ______________________
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`JOSE GONZALEZ GOMEZ,
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`ADRIAN MARGARITO LOPEZ-ARENAS
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`ALEJANDRO NAVAEZ-USCANGA
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`ALFONSO FAVELA-HERRERA
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`ALFREDO ALFONSO SANCHEZ-VALDEZ
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`ANTONIO LOPEZ-HERNANDEZ
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`ANTONIO MARTINEZ-MARTINEZ
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`CLAUDIO REY SALAS-LOPEZ
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`DAVID PALMA-MARTINEZ
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`FIDEL MEDRANO-RENTERIA
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`GERARDO JOEL QUINONES-VARGAS
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`J. ASCENCION ADAME-GUERRERO
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`JAVIER DIODONEY-CARABALLO
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`JESUS SALVADOR HERNANDEZ-DEVORA
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`JOEL QUINONES-MEDINA
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`JORGE PALMA-MARTINEZ
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`JOSE LUIS MARTINEZ-MEDRANO
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`JUAN CARLOS GALAVIZ-GARCIA
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`JUAN JOSE GALINDO-GARCIA II
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`JUAN JOSE MARTINEZ-MEDRANO
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`LEONEL QUINONES-VARGAS
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`LUIS ARRIETA-BRAVO
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`MARCO ANTONIO RODRIGUEZ
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`MIGUEL ANGEL ROCHA-GUTIERREZ
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`NOE BAZALDUA-SANCHEZ
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`RAMON ENRIQUE AVILA-VILLA
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`RICARDO ANTONIO RIQUELME-HERNANDEZ)
`SERGIO LOZANO-CORONADO
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`TOMAS FAVELA-RODRIGUEZ
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`VICTOR JOSE ANGEL CHAIREZ-CENISEROS )
`AARON JACOB WILLIS
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`ABRAHAM DE JESUS BARRERA
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`ADAMS DEIVI ORTIZ-GARCIA
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`ALEXIS SANTIAGO-LOPEZ
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`ANAIS ESPERANZA GARCIA-MORALES
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`ANDRES EDUVIGE LIRIANO-DEVORA
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`ANGEL BAEZ
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`ANGEL F. HERNANDEZ-NIEVES
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`ANGEL L. TORRES-COTTO
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 2 of 35
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`ANGEL LUIS ORTIZ-PEREZ
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`ANTONIO ("TONY") SANTANA-ARCE
`APOLINAR TRINIDAD-DELOSSANTOS
`ARNALDO JARED PENA-DELGADO
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`ATCEN JOEL CORSINO
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`AUSTIN TYLER BLACK
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`CARLOS MARTINEZ-REYES
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`CARLOS ALFREDO REYES-VILLEGAS
`CARLOS DANIEL SANCHEZ-ALVAREZ
`CARLOS M. SUSTAITA, JR.
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`CESAR AUGUSTO ROMEU-FLORES
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`CHARLES NELSON
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`CHRISTOPHER MICHAEL JONES
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`CHRISTOPHER MICHAEL SMITH
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`CIPRIANO ISLAS
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`CLAUDIA BEATRIZ PERAZA
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`DAN ELVIS RAMIREZ-MARRERO
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`DAVID RODRIGUEZ BRACERO
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`DEVON J. WHITMORE
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`EDWIN OMAR VARGAS RESTO
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`EDWIN EDUARDO CARDENAS-PERALES
`EDY SIKLER
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`ELLIS D. COX
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`ERICK ZAYAS-MORALES
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`ETHAN M. JOHNSON
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`FABIAN DELGADO-GONZALEZ
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`FABIAN QUEZADA-AVILA
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`FERNANDO FLORES-CARDENAS
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`FRANCISCO JAVIER HERNANDEZ
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`FREDERICK TYRONE-WHITBY
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`GREGORIO HERNANDEZ
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`HERMINIO SEGARRA
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`IRVING JOEL COLLAZO-MERCADO
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`IVAN CORTES-DOMINGUEZ
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`JAM CARLOS SANTIAGO-MALDONADO
`JEFFREY CHARLES SCHELBAR
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`JELFRY ALEJANDRO BARIAS
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`JESSE MICHAEL CARPENTER
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`JOHNNY CRUZ-LUNA
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`JONATHAN RIOS-ARGUETA
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`JONATHANRIVERA-BONILLA
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`JORGE LUIS AYALA-SANTANA
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`JOSE A. PINEDA MEJIA
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 3 of 35
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`JOSE AGUSTIN PEREZ-ARROYO
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`JOSE ALBERTO GONZALEZ-GOMEZ
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`JOSE ANTONIO VARGAS-GUZMAN
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`JOSE E. MARTINEZ ROQUE
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`JOSE JUAN ARCHILLA
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`JOSHUA ISAAC ORTIZ-LUNA
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`JOSUE IRIZARRY-PEREZ
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`JUAN CARLOS RODRIGUEZ
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`JULIO JOSUE VERGARA-MARTINEZ
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`JUNIOR JOSE GRIMONT-YANEZ
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`JUSTO A. VILLARREAL
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`KELVIN SOTO-SOTO
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`KELVIN DAVID RESTO-MONTANEZ
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`KEVIN REY-ANCHONDO
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`KEVIN ANTONIO GUEVARA-CORDERO
`LIZZETH JACQUELINE BLANCO
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`LORENZO MELGAREJO-GAMEZ
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`LUIS TROCHE-PINTO
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`LUIS ALBERTO ORELLANO-RODRIGUEZ
`LUIS DANIEL DELGADO-RIVERA
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`LUIS ENRIQUE RODRIGUEZ
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`LUIS O. VERGARA-MARTINEZ
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`MANUEL MALDONADO-RODRIGUEZ
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`MARCELINO ESTRADA
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`MARLIS C. MORALES-MOLINA
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`MARTIN FRANCISCO VARELA II
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`MATTHEW ANDREW BLACK
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`MERWEEN R. MARRERO-RODRIGUEZ
`MICHAEL SANCHEZ-MOLINA
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`MITSON TOM
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`NICOLAS QUEZADA-AVILA
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`OCTAVIO RODRIGUEZ
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`RAYMUNDO SILVA-QUINONEZ
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`REICHY ERAM
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`REUEL TIRADO-ORTIZ
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`ROGELIO MORALES-ROBLES
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`RUBEN GAMINO CRUZ
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`SALVADOR JOSEPH VILLARREAL
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`SAMUEL ANTONIO MOLINA-LOPEZ
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`SERGIO ROMAN RODRIGUEZ
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`SONIA LOPEZ-LUIS
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`STEPHANE BLAKE HARMON
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`STEVEN J. HOLDEN
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 4 of 35
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`THOMAS EDWARD PONDS
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`TYRONE ALVIN SCOTT EL
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`ZACHARY PAULEY
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`MICHAEL ARCHILLA
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`ANDRES SANTANDER-ESPINOZA
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`MARCOS XAVIER PAGAN-SANTIAGO
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`GUILLERMO A. SUAREZ
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`JUAN JOSE PALMA-MARTINEZ
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`Individually and all other persons similarly situated )
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`
`
`Plaintiffs,
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`v.
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`EPIC LANDSCAPE PRODUCTIONS, L.C.
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`SERVE: John A. Constant, Registered Agent
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` 17755 Mission Road
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` Stilwell, KS 66085
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`
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`Defendant.
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`COMPLAINT
`Class and Collective Action Claims
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`133 Plaintiffs, who were previously employed or are currently employed by Defendant
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`Epic Landscape Productions, L.C. (“Defendant” or “Epic”), hereby set forth this representative
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`action for violations of the Fair Labor Standards Act (“FLSA”) under §216(b) and Wage-Related
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`Class Claims Pursuant to Fed. R. Civ. P. 23 as follows:
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`PRELIMINARY STATEMENT
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`1.
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`Plaintiffs, on behalf of themselves and all others similarly situated, bring this action
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`against Defendant for overtime compensation, and related penalties and damages. It is Defendant’s
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`practice and policy to willfully fail and refuse to pay all overtime compensation due and owing to
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`Plaintiffs, and all other similarly situated employees, and doing so is in direct violation of the
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`FLSA, 29 U.S.C. § 201 et seq.
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`2.
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`Defendant’s pay practices and policies are in direct violation of the FLSA and
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`Wage-Related Class Claims Pursuant to Fed. R. Civ. P. 23, and therefore Plaintiffs, on behalf of
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`4
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 5 of 35
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`themselves and all others similarly situated, seek declaratory relief; overtime premiums for all
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`overtime work required, suffered, or permitted by Defendant; liquidated and/or other damages as
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`permitted by applicable law; and attorneys’ fees, costs, and expenses incurred in this action.
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`PARTIES
`
`Jose Gonzalez Gomez is currently employed by Epic and primarily works out of
`
`3.
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`its Kansas location.
`
`4.
`
`Adrian Margarito Lopez-Arenas was employed by Epic and primarily worked out
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`of its Kansas location.
`
`5.
`
`Alejandro Navaez-Uscanga is currently employed by Epic and primarily works
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`out of its Kansas location.
`
`6.
`
`Alfonso Favela-Herrera is currently employed by Epic and primarily works out of
`
`its Kansas location.
`
`7.
`
`Alfredo Alfonso Sanchez-Valdez is currently employed by Epic and primarily
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`works out of its Kansas location.
`
`8.
`
`Antonio Lopez-Hernandez was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`9.
`
`Antonio Martinez-Martinez was employed by Epic and primarily worked out of
`
`its Kansas location.
`
`10.
`
`Claudio Rey Salas-Lopez is currently employed by Epic and primarily works out
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`of its Missouri location.
`
`11.
`
`David Palma-Martinez was employed by Epic and primarily worked out of its
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`Kansas location.
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`
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`5
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 6 of 35
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`12.
`
`Fidel Medrano-Renteria is currently employed by Epic and primarily works out of
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`its Kansas location.
`
`13.
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`Gerardo Joel Quinones-Vargas is currently employed by Epic and primarily
`
`works out of its Missouri location.
`
`14.
`
`J. Ascencion Adame-Guerrero was employed by Epic and primarily worked out
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`of its Kansas location.
`
`15.
`
`Javier Diodoney-Caraballo was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`16.
`
`Jesus Salvador Hernandez-Devora was employed by Epic and primarily worked
`
`out of its Missouri location.
`
`17.
`
`Joel Quinones-Medina is currently employed by Epic and primarily works out of
`
`its Missouri location.
`
`18.
`
`Jorge Palma-Martinez was employed by Epic and primarily worked out of its
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`Kansas location.
`
`19.
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`Jose Luis Martinez-Medrano is currently employed by Epic and primarily works
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`out of its Kansas location.
`
`20.
`
`Juan Carlos Galaviz-Garcia was employed by Epic and primarily worked out of
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`its Kansas location.
`
`21.
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`Juan Jose Galindo-Garcia II is currently employed by Epic and primarily works
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`out of its Kansas location.
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`22.
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`Juan Jose Martinez-Medrano is currently employed by Epic and primarily works
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`out of its Kansas location.
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`
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`6
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 7 of 35
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`23.
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`Leonel Quinones-Vargas is currently employed by Epic and primarily works out
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`of its Missouri location.
`
`24.
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`Luis Arrieta-Bravo was employed by Epic and primarily worked out of its
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`Missouri location.
`
`25. Marco Antonio Rodriguez was employed by Epic and primarily worked out of its
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`Kansas location.
`
`26. Miguel Angel Rocha-Gutierrez is currently employed by Epic and primarily
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`works out of its Kansas location.
`
`27.
`
`Noe Bazaldua-Sanchez was employed by Epic and primarily worked out if its
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`Kansas location.
`
`28.
`
`Ramon Enrique Avila-Villa was employed by Epic and primarily worked out of
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`its Kansas location.
`
`29.
`
`Ricardo Antonio Riquelme-Hernandez was employed by Epic and primarily
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`worked out of its Kansas location.
`
`30.
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`Sergio Lozano-Coronado was employed by Epic and primarily worked out of its
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`Kansas location.
`
`31.
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`Tomas Favela-Rodriguez is currently employed by Epic and primarily works out
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`of its Kansas location.
`
`32.
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`Victor Jose Angel Chairez-Ceniseros is currently employed by Epic and primarily
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`works out of its Kansas location.
`
`33.
`
`Aaron Jacob Willis was employed by Epic and was primarily worked out of its
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`Kansas location.
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`
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`7
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 8 of 35
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`34.
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`Abraham de Jesus Barrera was employed by Epic and primarily worked out of its
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`Missouri location.
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`35.
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`Adams Deivi Ortiz-Garcia was employed by Epic and primarily worked out of its
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`Kansas location.
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`36.
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`Alexis Santiago-Lopez is currently employed by Epic and primarily works out of
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`its Kansas location.
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`37.
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`Anais Esperanza Garcia-Morales was employed by Epic and primarily worked out
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`of its Kansas location.
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`38.
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`Andres Eduvige Liriano-Devora was employed by Epic and primarily worked out
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`of it Kansas location.
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`39.
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`Angel Baez is currently employed by Epic and is primarily works out of its
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`Kansas location.
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`40.
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`Angel F. Hernandez-Nieves is currently employed by Epic and is primarily works
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`out of its Kansas location.
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`41.
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`Angel L. Torres-Cotto was employed by Epic and primarily worked out of its
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`Kansas location.
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`42.
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`Angel Luis Ortiz-Perez was employed by Epic and primarily worked out of its
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`Kansas location.
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`43.
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`Antonio ("Tony") Santana-Arce is currently employed by Epic and primarily
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`works out of its Kansas location.
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`44.
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`Apolinar Trinidad-DeLosSantos was employed by Epic and primarily works out
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`of its Kansas location.
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`
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`8
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 9 of 35
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`45.
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`Arnaldo Jared Pena-Delgado was employed by Epic and primarily worked out of
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`its Kansas location.
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`46.
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`Atcen Joel Corsino was employed by Epic and primarily worked out of its Kansas
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`location.
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`47.
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`Austin Tyler Black was employed by Epic and primarily worked out of its Kansas
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`location.
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`48.
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`Carlos Martinez-Reyes is currently employed by Epic and primarily works out of
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`its Kansas location.
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`49.
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`Carlos Alfredo Reyes-Villegas was employed by Epic and primarily worked out
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`of its Kansas location.
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`50.
`
`Carlos Daniel Sanchez-Alvarez was employed by Epic and primarily worked out
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`of its Kansas location.
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`51.
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`Carlos M. Sustaita, Jr. is currently employed by Epic and primarily works out of
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`its Missouri location.
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`52.
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`Cesar Augusto Romeu-Flores was employed by Epic and primarily worked out of
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`its Kansas location.
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`53.
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`Charles Nelson was employed by Epic and primarily worked out of its Kansas
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`location.
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`54.
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`Christopher Michael Jones is currently employed by Epic and primarily works out
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`of its Missouri location.
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`55.
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`Christopher Michael Smith was employed by Epic and primarily worked out of its
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`Kansas location.
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`9
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 10 of 35
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`56.
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`Cipriano Islas was employed by Epic and primarily worked out of its Kansas
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`location.
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`57.
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`Claudia Beatriz Peraza was employed by Epic and primarily worked out of its
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`Kansas location.
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`58.
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`Dan Elvis Ramirez-Marrero was employed by Epic and primarily worked out of
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`its Kansas location.
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`59.
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`David Rodriguez Bracero was employed by Epic and primarily worked out of its
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`Kansas location.
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`60.
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`Devon J. Whitmore is currently employed by Epic and primarily works out of its
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`Missouri location.
`
`61.
`
`Edwin Omar Vargas Resto was employed by Epic and primarily worked out of its
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`Kansas location.
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`62.
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`Edwin Eduardo Cardenas-Perales was employed by Epic and primarily worked
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`out of its Kansas location.
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`63.
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`Edy Sikler was employed by Epic and primarily worked out of its Missouri
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`location.
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`64.
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`Ellis D. Cox was employed by Epic and primarily worked out of its Missouri
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`location.
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`65.
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`Erick Zayas-Morales was employed by Epic and primarily worked out of its
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`Kansas location.
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`66.
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`Ethan M. Johnson was employed by Epic and primarily worked out of its
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`Missouri location.
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`10
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 11 of 35
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`67.
`
`Fabian Delgado-Gonzalez was employed by Epic and primarily worked out of its
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`Kansas location.
`
`68.
`
`Fabian Quezada-Avila was employed by Epic and primarily worked out of its
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`Kansas location.
`
`69.
`
`Fernando Flores-Cardenas was employed by Epic and primarily worked out of its
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`Kansas location.
`
`70.
`
`Francisco Javier Hernandez is currently employed by Epic and primarily works
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`out of its Kansas location.
`
`71.
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`Frederick Tyrone-Whitby is currently employed by Epic and primarily works out
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`of its Missouri location.
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`72.
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`Gregorio Hernandez is currently employed by Epic and primarily works out of its
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`Kansas location.
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`73.
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`Herminio Segarra was employed by Epic and primarily worked out of its Kansas
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`location.
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`74.
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`Irving Joel Collazo-Mercado was employed by Epic and primarily worked out of
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`its Kansas location.
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`75.
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`Ivan Cortes-Dominguez is currently employed by Epic and primarily works out of
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`its Missouri location.
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`76.
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`Jam Carlos Santiago-Maldonado was employed by Epic and primarily worked out
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`of its Kansas location.
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`77.
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`Jeffrey Charles Schelbar was employed by Epic and primarily worked out of its
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`Kansas location.
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`78.
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`Jelfry Alejandro Barias was employed by Epic.
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`11
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 12 of 35
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`79.
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`Jesse Michael Carpenter was employed by Epic and primarily worked out of its
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`Missouri location.
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`80.
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`Johnny Cruz-Luna is currently employed by Epic and primarily works out of its
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`Kansas location.
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`81.
`
`Jonathan Rios-Argueta is currently employed by Epic and primarily works out of
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`its Kansas location.
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`82.
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`Jonathan Rivera-Bonilla was employed by Epic and primary worked out of its
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`Kansas location.
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`83.
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`Jorge Luis Ayala-Santana was employed by Epic and primarily worked out of its
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`Kansas location.
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`84.
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`Jose A. Pineda Mejia was employed by Epic and primarily worked out of its
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`Kansas location.
`
`85.
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`Jose Agustin Perez-Arroyo was employed by Epic and primarily worked out of its
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`Kansas location.
`
`86.
`
`Jose Alberto Gonzalez-Gomez is currently employed by Epic and primarily works
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`out of its Kansas location.
`
`87.
`
`Jose Antonio Vargas-Guzman was employed by Epic and primarily worked out of
`
`its Kansas location.
`
`88.
`
`Jose E. Martinez Roque was employed by Epic and primarily worked out of its
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`Kansas location.
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`89.
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`Jose Juan Archilla was employed by Epic and primarily worked out of its Kansas
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`location.
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`90.
`
`Joshua Isaac Ortiz-Luna was employed by Epic.
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`12
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 13 of 35
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`91.
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`Josue Irizarry-Perez was employed by Epic and primarily worked out of its
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`Kansas location.
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`92.
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`Juan Carlos Rodriguez was employed by Epic and primarily worked out of its
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`Kansas location.
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`93.
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`Julio Josue Vergara-Martinez was employed by Epic and primarily worked out of
`
`its Kansas location.
`
`94.
`
`Junior Jose Grimont-Yanez was employed by Epic and primarily worked out of
`
`its Kansas location.
`
`95.
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`Justo A. Villarreal was employed by Epic and primarily worked out of its Kansas
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`location.
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`96.
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`Kelvin Soto-Soto is currently employed by Epic and primarily works out of its
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`Kansas location.
`
`97.
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`Kelvin David Resto-Montanez was employed by Epic and primarily worked out
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`of its Kansas location.
`
`98.
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`Kevin Rey-Anchondo was employed by Epic and primarily worked out of its
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`Kansas location.
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`99.
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`Kevin Antonio Guevara-Cordero was employed by Epic.
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`100. Lizzeth Jacqueline Blanco was employed by Epic and primarily worked out of its
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`Missouri location.
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`101. Lorenzo Melgarejo-Gamez was employed by Epic and primarily worked out of its
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`Kansas location.
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`102. Luis Troche-Pinto was employed by Epic and primarily worked out of its Kansas
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`location.
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`13
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 14 of 35
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`103. Luis Alberto Orellano-Rodriguez was employed by Epic and primarily worked
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`out of its Kansas location.
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`104. Luis Daniel Delgado-Rivera was employed by Epic and primarily worked out of
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`its Kansas location.
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`105. Luis Enrique Rodriguez was employed by Epic and primarily worked out of its
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`Kansas location.
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`106. Luis O. Vergara-Martinez was employed by Epic and primarily worked out of its
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`Kansas location.
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`107. Manuel Maldonado-Rodriguez was employed by Epic and primarily worked out
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`of its Kansas location.
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`108. Marcelino Estrada was employed by Epic and primarily worked out of its
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`Missouri location.
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`109. Marlis C. Morales-Molina was employed by Epic and primarily worked out of its
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`Kansas location.
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`110. Martin Francisco Varela II was employed by Epic and primarily worked out of its
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`Kansas location.
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`111. Matthew Andrew Black was employed by Epic and primarily worked out of its
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`Kansas location.
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`112. Merween R.Marrero-Rodriguez was employed by Epic and primarily worked out
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`of its Kansas location.
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`113. Michael Sanchez-Molina was employed by Epic and primarily worked out of its
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`Kansas location.
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`14
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 15 of 35
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`114. Mitson Tom is currently employed by Epic and primarily works out of its
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`Missouri location.
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`115. Nicolas Quezada-Avila is currently employed by Epic and primarily works out of
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`its Kansas location.
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`116. Octavio Rodriguez was employed by Epic and primarily worked out of its Kansas
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`location.
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`117. Raymundo Silva-Quinonez is currently employed by Epic and primarily works
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`out of its Missouri location.
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`118. Reichy Eram is currently employed by Epic and primarily works out of its
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`Missouri location.
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`119. Reuel Tirado-Ortiz was employed by Epic and primarily worked out of its Kansas
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`location.
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`120. Rogelio Morales-Robles was employed by Epic and primarily worked out of its
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`Kansas location.
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`121. Ruben Gamino Cruz was employed by Epic and primarily worked out of its
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`Missouri location.
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`122. Salvador Joseph Villarreal is employed by Epic and currently works out of its
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`Kansas location.
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`123. Samuel Antonio Molina-Lopez was employed by Epic and primarily worked out
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`of its Kansas location.
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`124. Sergio Roman Rodriguez is currently employed by Epic and primarily works out
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`of its Missouri location.
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`
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`15
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 16 of 35
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`125. Sonia Lopez-Luis was employed by Epic and primarily worked out of its Kansas
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`location.
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`126. Stephane Blake Harmon was employed by Epic and primarily worked out of its
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`Missouri location.
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`127. Steven J. Holden was employed by Epic and primarily worked out of its Missouri
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`location.
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`128. Thomas Edward Ponds is currently employed by Epic and primarily works out of
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`its Missouri location.
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`129. Tyrone Alvin Scott El is currently employed by Epic and primarily works out of
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`its Missouri location.
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`130. Zachary Pauley was employed by Epic and primarily worked out of its Kansas
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`location.
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`131. Michael Archilla was employed by Epic and primarily worked out of its Kansas
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`location.
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`132. Andres Santander-Espinoza is currently employed by Epic and primarily works
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`out of its Kansas location.
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`133. Marcos Xavier Pagan-Santiago was employed by Epic and primarily worked out
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`of its Kansas location.
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`134. Guillermo A. Suarez was employed by Epic and primarily worked out of its
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`Kansas location.
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`135.
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`Juan Jose Palma-Martinez was employed by Epic and primarily worked out of its
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`Kansas location.
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`16
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 17 of 35
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`136. The Putative Plaintiffs/Class Members are those employees, and former employees,
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`of Defendant who were suffered or permitted to work by Defendant while not being paid overtime
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`compensation for all hours worked in excess of 40.
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`137. Defendant is a limited liability corporation organized in Kansas but not in good
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`standing and which is set to be administratively dissolved shortly, registered in Missouri, and
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`operating and conducting business in Missouri.
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`138. At all relevant times, Defendant was the employer of the Plaintiffs, and all other
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`similarly situated employees, and is thus liable to Plaintiffs, and all others similarly situated, as
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`an employer, joint employer, single employer and/or otherwise according to statutory and/or
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`common law.
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`JURISDICTION AND VENUE
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`139. This Court has original federal question jurisdiction under 28 U.S.C. § 1311 for the
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`claims brought under the FLSA, 29 U.S.C. § 201, et seq.
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`140. The United States District Court for the District of Kansas has personal jurisdiction
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`because Defendant is registered in Kansas, has a registered agent in Kansas, regularly operates in
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`Kansas, and Plaintiffs and the putative collective class members are or were employees, working
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`in Johnson County, Kansas, which is located within this District.
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`141. This Court has jurisdiction over Plaintiffs’ state law claims pursuant to 28 U.S.C.
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`§ 1367 because these state claims are so related to the FLSA claims that they form part of the same
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`case or controversy.
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`142. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b), inasmuch as the
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`Defendant conducts business, and has substantial business contacts in the District of Kansas, and
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`the causes of action set forth herein have arisen, in part, and occurred, in part, in Johnson County,
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`17
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 18 of 35
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`Kansas, located in this District. Venue is further proper under 29 U.S.C. § 1132(e)(2) because
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`Defendant has substantial business contacts within the State of Kansas.
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`GENERAL CLASS AND COLLECTIVE ACTION ALLEGATIONS
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`143. This Complaint may be brought and maintained as an “opt-in” collective action
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`pursuant to Section 16 of the FLSA, 29 U.S.C. § 216(b); in that the claims of Plaintiffs are similar
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`to the claims of the Putative Plaintiffs.
`
`144. The Putative Plaintiffs/Class Members are those current and former hourly
`
`employees of Defendant who were suffered or permitted to work by Defendant while not being
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`paid overtime compensation for all hours worked in excess of 40 hours in a workweek.
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`145. At all relevant times, Defendant has had a policy and practice of failing and refusing
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`to compensate its hourly employees overtime compensation for all hours worked in excess of forty
`
`hours per week.
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`146. The Plaintiffs and all Putative Plaintiffs/Class Members were subject to
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`Defendant’s policies and practices of failing and refusing to compensate employees their regular
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`or statutorily required rate of pay for all hours worked.
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`147. Common questions of law and fact predominate in this action because the claims
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`of Plaintiffs, and all others similarly situated, are based on whether Defendant’s policy and practice
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`of failing and refusing to compensate its hourly workers proper overtime pay for all hours worked
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`in excess of 40 hours in a workweek, which violates the FLSA.
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`148. Plaintiffs will adequately represent the interests of the Putative Plaintiffs/Class
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`Members because they are similarly situated to the Putative Plaintiffs/Class Members and their
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`claims are typical of, and concurrent to, the claims of the other Putative Plaintiffs/Class Members.
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`
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`18
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 19 of 35
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`149. There are no known conflicts of interest between the Plaintiffs and the other
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`Putative Plaintiffs/Class Members.
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`150. The class and/or collective action mechanism is superior to any alternatives that
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`might exist for the fair and efficient adjudication of this cause of action.
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`151. Proceeding as a class and/or collective action would permit the potentially large
`
`number of injured parties to prosecute their common claims in a single forum simultaneously,
`
`efficiently, and without unnecessary duplication of evidence, effort, and judicial resources.
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`152. A collective action is the only practical way to avoid the potentially inconsistent
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`results that numerous individual trials are likely to generate.
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`153. Collective action treatment is the only realistic means by which Plaintiffs can
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`effectively litigate against a large, well-represented landscaping corporation such as Defendant.
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`154. Numerous repetitive individual actions would also place an enormous burden on
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`the courts as they would be forced to take duplicative evidence and decide the same issues relating
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`to Defendant’s conduct repeatedly.
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`155.
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`Individual joinder of all Putative Plaintiffs/Class Members is not practicable, and
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`questions of law and fact common to the Class predominate over any questions affecting only
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`individual members of the Class.
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`156. Each Putative Plaintiffs/Class Member has been damaged and is entitled to
`
`recovery by reason of Defendant’s illegal policies and/or practices of permitting, suffering and/or
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`failing to properly compensate employees for their regular or statutorily required rate of pay for
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`all hours worked.
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`19
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 20 of 35
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`157. Class and/or Collective action treatment will allow those similarly situated persons
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`to litigate their claims in the manner that is most efficient and economical for the parties and the
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`judicial system.
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`158. Plaintiffs, on behalf of themselves and all others similarly situated, sets forth
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`additional collective action allegations in the various counts set forth herein.
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`159. Plaintiffs were employed by the Defendant. During this time, Plaintiffs performed
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`work for Defendant as hourly workers.
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`160. Prior to and during Plaintiffs’ employment with Defendant, Defendant employed
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`numerous other individuals who had the same compensation structure as Plaintiffs (the Putative
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`Plaintiffs/Putative Representative Action Plaintiffs).
`
`161. Plaintiffs bring this Complaint as a collective action pursuant to Section 16(b) of
`
`the FLSA, 29 U.S.C. § 216(b), on behalf of all persons who were, are, or will be employed by the
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`Defendant as an hourly worker within three years from the commencement of this action, plus
`
`periods of agreed tolling, who have not been paid overtime compensation, at one-and-one-half
`
`times the regular rate of pay, for all work performed in excess of forty hours per week.
`
`162. This Complaint may be brought and maintained as an “opt-in” collective action
`
`pursuant to Section 16 of the FLSA, 29 U.S.C. § 216(b), for all claims asserted by the Putative
`
`Representative Action Plaintiffs because the claims of Plaintiffs are similar to the claims of the
`
`Putative Plaintiffs of the representative action.
`
`163. Plaintiffs and the Putative Representative Action Plaintiffs are similarly situated,
`
`have substantially similar job requirements and pay provisions, and are subject to Defendant’s
`
`common practice, policy, or plan of refusing to properly pay overtime compensation in violation
`
`of the FLSA.
`
`
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`20
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 21 of 35
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`164. At all relevant times, Defendant has been, and continues to be, an “employer”
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`within the meaning of the FLSA, 29 U.S.C. § 203.
`
`165. At all relevant times, Defendant has employed, and/or continues to employ,
`
`“employee[s],” including each of the putative members of the FLSA representative action.
`
`166. At all times relevant herein, Defendant has had gross operating revenues in excess
`
`of $500,000.00 (Five Hundred Thousand Dollars).
`
`167. The FLSA requires each covered employer, such as Defendant, to compensate all
`
`non-exempt employees overtime compensation, at a rate of not less than one-and-one-half the
`
`regular rate of pay, for work performed in excess of forty hours in a work week.
`
`168. Plaintiffs and the putative members of the FLSA representative action are not
`
`exempt from the right to receive overtime pay under the FLSA and are not exempt from the
`
`requirement that their employer pay them overtime compensation under the FLSA.
`
`169. Plaintiffs, and the putative members of the FLSA representative action, are entitled
`
`to be paid overtime compensation at a rate of 1.5 times their regular rate for all overtime hours
`
`worked.
`
`170. At all relevant times, Defendant has had a policy and practice of failing and refusing
`
`to pay its hourly workers overtime pay at a rate of not less than one-and-one-half the regular rate
`
`of pay for work performed in excess of forty hours in a work week. Rather than paying its
`
`employees overtime compensation, Defendant paid its employees the same straight time hourly
`
`rate for non-overtime hours as it did for overtime hours.
`
`171. Defendant’s failure to compensate Plaintiffs, and all others similarly situated,
`
`overtime compensation at a rate of not less than one-and-one half times the regular rate of pay for
`
`
`
`21
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 22 of 35
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`work performed in excess of forty hours in a work week constitutes a violation of the FLSA, 29
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`U.S.C. §§ 201, et seq., including 29 U.S.C. § 207(a)(1).
`
`172. Defendant’s violation of the FLSA is continual in nature; in that Defendant
`
`continues to pay its employees under the same unlawful policies and procedures that are set forth
`
`in detail herein.
`
`173. The foregoing conduct constitutes a willful violation of the FLSA within the
`
`meaning of 29 U.S.C. § 255(a).
`
`174.
`
`Plaintiffs, on behalf of themselves and all others similarly situated, seeks damages
`
`in the amount of all respective overtime compensation at a rate of one-and-one half times the
`
`regular rate of pay for work performed in excess of forty hours in a work week, plus liquidated
`
`damages, recovery of all attorneys’ fees, costs, and expenses incurred in this action, to be paid as
`
`provided by the FLSA, 29 U.S.C. § 216(b), and such other legal and equitable relief as the Court
`
`deems just and proper.
`
`175. All similarly situated employees are similarly situated in that they are all subject to
`
`Defendant’s same compensation policies, plans and/or procedures that require these employees to
`
`perform work without proper compensation. In turn, these practices deny similarly situated
`
`employees their compensation.
`
`176.
`
`Plaintiffs bring Count I (FLSA) as an “opt-in” collective action pursuant to 29
`
`U.S.C. § 216(b). Plaintiffs, individually and on behalf of other similarly situated employees, seek
`
`relief on a collective basis challenging Defendant’s practices of, as well as failing to pay Plaintiffs
`
`and other similarly situated employees for all minimum wages and overtime premiums for hours
`
`in excess of forty in a workweek. The class for the FLSA claims is defined as:
`
`
`
`22
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 23 of 35
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`All current and former hourly workers of Defendant who were not
`fully compensated at the applicable wage rates for all work
`performed.
`
`177. Pursuant to 29 U.S.C. § 216(b), FLSA claims may be pursued by those who opt-in
`
`to this case.
`
`178. Plaintiffs, individually and