ExhibitA
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`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 1 of 10
`
`Exhibit A
`
`

`

`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 2 of 10
`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 2 of 10
`
`@nmmnntnealtb of filassarbuaetts
`garment Etatritt‘otnurt
`225 Main Street
`
`Worcester, MA 01608
`(508) 831-2010
`
`Sabriya Zaynab Silva.
`Plaintiff.
`
`V-
`Abbott Laboratories Inc. and Mondo International. LLC.
`Defendants.
`
`~~a~LIHLuIA\UI
`
`CIVIL No- at! 0L” 9 AV
`
`’l
`
`L‘ (D
`
`SUMIMONS
`
`.
`
`THIS SUMMONS IS DIRECTED TO
`
`Abbott Laboratories inc.
`
`(Defendant‘s name)
`
`—
`
`1. This Notice is to inform you that you are being sued. The person or business suing
`you is known as the Plaintifi. A copy of the Plaintiff's Complaint against you is attached and the
`original has been filed in the Worcester Division ofthe District Court Department. You must
`respond to this lawsuit in writing. If you do not respond, the Plaintiffmay obtain a court order
`requiring you to pay money or provide other relief.
`
`2. You must respond within 20 days to protect your rights. In order to protect your
`right to defend yourself in this lawsuit, you must deliver or mail a written response called an
`“Answer” to bo_th the “Clerk’s Office for Civil Business, Worcester District Court, 225 Main
`Street, Worcester, MA 01608” gd to the individual below:
`
`‘
`‘
`'
`Cohen Kinne Valicenti & Cook LLP
`— Michael A' Rka
`’ at ——-—23 North SL. 3rd Floor, Piusfield, MA 0|201
`(My \u. a. min U. 1 IMAM“ .1 Jimmy)
`
`Your Answer must be delivered or mailed within 20 days fiom the date the Summons was
`delivered to you. Ifyou need more time to respond, you may request an extension of time in
`writing from the Court.
`
`3. Your Answer must respond to each claim made by the Plaintiff. Your Answer is
`your written response to the statements made by the Plaintiff in the Complaint. In your Answer
`you must state whether you agree or disagree with each paragraph of the Complaint. You may
`agree with some of the things the Plaintiff says and disagree with other things. You may also say
`that you do not know whether one (or more) of the statements made in the Plaintiff’s Complaint
`is true. Ifyou want to have your case heard by a jury, you must specifically request a jury trial
`in your Answer. Even if you agree that you owe what is claimed, sending an Answer will
`provide you with an opportunity to participate and explain your circumstances.
`
`4. You must list any reason why you should not have to pay the Plaintiff what the
`Plaintiff asks for. If you have any reason(s) why the Plaintifi should not get what the Plaintiff
`asks for in the Complaint, you must write those reasons (or “defenses”) in your Answer.
`
`Rev. 9/20 1 5
`
`

`

`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 3 of 10
`Case 4:20-cv-11921-DHH, Document 1-1 Filed 10/26/20 Page 3 of 10
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`5. You may lose this case if you do not send an Answer to the Court and the
`Plaintiff. If you do not mail or deliver the Answer within 20 days, you may lose this case. You
`will hava no opportunity to tell your side of the story and the Court may order that the Plaintiff
`receive everything requested in the Complaint. The Court may allow a motion permitting the
`Plaintiff take your prOperly and/or wages. If you respond to the Complaint and appear at the
`hearing, you will get an impartial hearing by a judge. Even if you choose to discuss this matter
`with the Plaintiff (or the Plaintiffs lawyer), you should still send your Answer within 20 days.
`Even if you file an Answer, you can still reach an agreement with the Plaintiff.
`
`6. Legal Assistance. You may wish to get legal help from a lawyer. Ifyou cannot get
`legal help, you must still provide a written Answer to protect your rights or you may lose
`the case. You may also obtain information at www.massgov/courts/selflielp.
`
`7. You can also sue the Plaintiff. Ifyou believe the Plaintiff owes you money or has
`harmed you in some way related to the lawsuit, you must describe that in your Answer. If you
`do not include these claims (called “Counterclaims”) in your written reSponse, you may lose
`your ability to sue the Plaintiff about anything related to this lawsuit.
`
`8. You or your attorney must attend all court hearings. Ifyou send your Answer to
`the Court and the Plaintiff, you will protect your rights. The Court will send you a notice telling
`you the date, time, and place of an impartial hearing before a judge. The judge will hear both
`sides of any arguments and schedule any additional hearings.
`'
`
`9. The civil number appearing on the front of this notice is the case docket number and
`must appear on the front of your Answer.
`
`Witness Hon. David P. DeSpotOpulos, First Justice on
`
`(SEAL)
`
`Clerk-Magistrate
`Note: The number assigned to the Complaint by the Clerk-Magistrate at the begimhg
`offlie lawsuit should be indicated on the summons before it is served onthe Defendant
`
` RETURN OF SERVICE
`(for use by person making service)
`
`
`
`
`
`, I served a copy of the within summons, together with a copy of the
`, 20
`On
`Complaint in this case, upon the named defendant in the following manner:
`
`
`
`(Siam)
`
`(address)
`
`
`
`a Last and usual at (addressf
`
`
`(name and title)
`D Inth
`
`
`
`
`
`D Other:
`
`Please place date you make service in this box and on copy served on defendant and return
`
`*If service is made at the last and usual place of abode, the officer shall forthwith mail first class a copy of the summons to such last and usual
`place of abode, and shall set forth in the return the date of mailing and the address to which the summons was sent (G.L. c. 223, § 31).
`
`
`
`
`
`Rev. 9/2015
`
`

`

`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 4 of 10
`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 4 of 10
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`COM MONWEALTH OF MASSACH USETTS
`
`WORCESTER
`
`DISTRICT COURT DEPARTMENT
`CIVIL ACTION NO.: 10b? QAJ'TLl l-P
`
`SABRtt-A ZAYNAB SILVA.
`
`Plaintiff.
`
`‘i‘
`
`ABBOTT LABORATORIES INC and
`
`i
`
`MONDO INTERNATIONAL, LLC‘
`
`Defendants.
`
`COMPLAINT
`
`Introduction
`
`r-s')
`
`'
`
`If.
`
`Plaintiff. Sabriya Zaynab Silva l "Silva" or "Plaintiff“ ). brings this action against the Abbott
`
`Laboratories Inc ("Abbott") and Mondo International. l.l.(" (“Mtittdo”l (collectively. ”Employers"
`
`or "Det‘endants‘W for Violating the Massachusetts \K'age Act (the "Wage Act"). M.G.l- c. 14¢). §
`
`148. M.(3.L c. 149. § 148A. and M.(,i_l. c. l5]. §§ EA. 1. and 7 and Massachusetts common law
`
`l’laintil‘l‘ alleges Defendants failed to pat} her all due wages. including overtime hours. and liretl
`
`her one day after she insisted she should he paid subject to the Wage Act. a further violation ol' the
`
`Wage Act and Massachusetts common law.
`
`Parties
`
`l.
`
`Sabriya Zaynah Silva is an adult
`
`resident ol‘ 75 Nelson Street. Holden MA Uliltl.
`
`Worcester Count} .
`
`Abbott laboratories Inc is incorporated in Delaware with a principal place of business
`
`located at 100 Abbott Park Road. Abbott Park IL 60064.
`
`221m:
`
`1
`
`

`

`DJ
`
`'JI
`
`l0.
`
`11.
`
`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 5 of 10
`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 5 of 10
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`Mondo International. LIL‘ is a staffing agency incorporated in Delaware. with a principal
`
`place of business located at l03 Madison Avenue. 7th floor. New York NY 10016.
`
`Factual Allegations
`
`Defendants are employers for purposes of Mass. Gen. L. ch. 149.
`
`Employers hired Silva to work as a products engineer.
`
`Silva began work for Employers on May 37. 20l9.
`
`Employers paid Silva $30 per-hour-worked.
`
`Abbott managers.
`
`including Candice Cooper ("Cooper”l supervised Siiva's work and
`
`accepted her timecards reflecting her hours worked.
`
`In order to understand her assignment ol‘hours at the outset oi‘ her employment. Silva asked
`
`if she would be permitted to work beyond forty hours per-week. Abbott manager Thomas
`
`Gamble (“Gamble") answered in the affirmative.
`
`Silva later asked Gamble a second time to clarify whether she would be allowed to bill 12-
`
`hour day’s. Again. Gamble responded in the affirmative.
`
`Subject to Employer‘s prior approval. Silva consistently worked pre-approved overtime
`
`throughout her time working for the benefit of Employers.
`
`Much ol‘Silva's overtime was logged while working remotely on an Abbott-owned laptop.
`
`Employers were on notice of Silva‘s work outside of her typical hours because ta} they
`
`provided her with pre-approval. (bl she regularly submitted and was paid for overtime
`
`hours.
`
`in accordance with Employers' prior—approval. (c) she regularly submitted work
`
`product and exchanged substantive work entails with Abbott managers beyond typical
`
`work hours. and (d) the Abbott laptop and servers. which are in Abbott‘s control. can be
`
`audited to show the dates and time during which her company laptop was active and saving
`
`work documents to the company server beyond typical work hours.
`
`Ill l-W
`
`I.)
`
`

`

`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 6 of 10
`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 6 of 10
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`On September 3. 2010. Silva submitted her hours—worked for the week ol‘August 26. 201‘)
`
`through August 30. 2019 to Cooper.
`
`Silva billed 70.50 hours of work for the week of August 26. 2019 through August 30. 2010
`
`because it accuratel} reflected the time she pert'onned work for the benefit of Employers.
`
`On September 3. 3019. Cooper told Silva that she must reduce her reponed hours from the
`
`70.50 hours to 47.50.
`
`Despite protesting to Cooper that she did in fact work 70.5.0 hours. Cooper still forced her
`
`to reduce the number of hours she billed as hat ing worked.
`
`This event is memorialized in Silta‘s modified time sheet. shoeing:r that Silva submitted
`
`her time accurate!) before Cooper rejected the entry.
`
`Employers paid Silva for the value of—17.50 hours-worked despite knowing Silva worked
`
`70.50 hours.
`
`Just one day after Silva protested Cooper's demand that she reduce the numbers of hours
`
`she billed despite knowing those hours were in-faet worked. and forcing Silva to falsify
`
`her time sheet under protest. Cooper informed Silva that Employers terminated her
`
`employment based on "falsified time records."
`
`l’laintiffeomplied with all administrative prerequisites prior to tiling this Complaint.
`
`COENT i
`
`PAYMENT OF WAGES — Failure to Pav Wages
`(Mass. Gen. Laws, Ch. 149. §§ 148, 150]
`
`1-1.
`
`16.
`
`17.
`
`18.
`
`19.
`
`30.
`
`'3’}
`
`Plaintiff reasserts and incorporates herein each and ev er) allegation in the preceding
`
`paragraphs of this Complaint as ifset forth fully herein.
`
`Defendants failed to pay to Plaintiff the wages earned by Plaintiff within six to} da) s ol'
`
`the termination of the pay period during,1 which the wages were earned.
`
`24.
`
`Plaintiff was regularl} employed tive {St days in a calendar week by Defendant.
`
`I’ll—tn
`
`'JJ
`
`

`

`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 7 of 10
`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 7 of 10
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`‘3.
`
`Plaintiff is entitled to treble damages.
`
`we
`PAYMENT OF WAGES — Failure to Pay Due Overtime
`(Mass Gen. Laws, Ch. 151, § 1A and Mass. Gen. Laws, Ch. 149I § 1481
`
`26.
`
`Plaintiff reasscrts and incorporates herein each and e\'er_\' allegation in the preceding
`
`paragraphs ofthis Complaint as ifset forth full} in this count ofthe Complaint.
`
`27.
`
`Defendants employed Plaintiff for \\'Oi‘l\'\\'€€l\'5
`
`during which she worked longer than forty
`
`(40) hours.
`
`28.
`
`During the weeks where Plaintiff worked more than forty (5+0) hours. Plaintiff did not
`
`receive compensation for her employment in excess of fort} t-lll) hours at a rate not less
`
`than one and one—half times the regular rate at which she \\ as employed as required b}
`
`Massachusetts law.
`
`39.
`
`Plaintiff is entitled to treble damages.
`
`w
`RETALIATION
`
`lMass. Gen. L. e. 149 9" 148m
`
`30.
`
`Plaintiff reasserts and incotporates herein each and ever} allegation in the preceding
`
`paragraphs of this Complaint as if set forth fully herein.
`
`3i.
`
`Plaintiff asserted her rights under the u age act.
`
`32.
`
`As a direct result. Defendants penalized Plaintiff for exercising this right.
`
`33.
`
`Plaintiff suffered emotional distress as a result of Defendants" penalization and retaliator}
`
`action.
`
`34.
`
`Plaintiff is entitled to damages.
`
`I...) U1
`
`Plaintiff reasserts and incorporates herein each and men allegation in the preceding
`
`QUANTUM M ERUIT
`
`paragraphs of this Complaint as if set forth fully herein.
`
`slim
`
`4
`
`

`

`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 8 of 10
`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 8 of 10
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`36.
`
`Valuable services were rendered to Defendants by Plaintiff.
`
`37.
`
`The services were accepted. used and enjoyed by Defendant.
`
`38.
`
`A reasonable person would have expected to compensate Plaintiff for such use and
`
`enjoyment.
`
`39.
`
`Plaintiff had a reasonable expectation of receiving compensation for the services which
`
`were rendered.
`
`40.
`
`Plaintiff is entitled to damages.
`
`WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY
`
`COUNT V
`
`«ll.
`
`Plaintiff reasserts and incorporates herein each and ey-ery allegation in the preceding
`
`paragraphs of this Complaint as if set forth fully herein.
`
`42.
`
`Plaintiffengaged in protected activity by asserting her rights under the Wage Act. a matter
`
`of public policy.
`
`43.
`
`Plaintiff suffered adverse action at the hands of Defendants as a direct result of taking this
`
`protected action.
`
`44.
`
`Because Defendants terminated Plaintiff for the above stated reason. Defendants violated
`
`public policy and urongfully terminated Plaintiff.
`
`~15.
`
`Plaintiffis entitled to damages.
`
`WHEREFORE, Plaintiffrespectfully requests this Court:
`
`1.
`
`Determine the damages sustained by Plaintiff as a result of Defendants violations
`
`of Massachusetts Wage Act and Plaintiffs common lays claims. and award treble damages and
`
`emotional distress damages against Defendants and in favor ofsaid Plaintiff. and such interest as
`
`may be allowed by law:
`
`lel-I‘J
`
`‘JI
`
`

`

`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 9 of 10
`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 9 of 10
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`2.
`
`Award Plaintiff her costs and disbursements of this suit,
`
`including, without
`
`limitation. reasonable attomeys’, accountants‘ and experts“ fees and such interest as may be
`
`allowed by law; and
`
`3.
`
`Grant Plaintiff such other and further relief under Massachusetts law as the Court
`
`may deem just and proper.
`
`Plaintiff demands a trial by jury on all claims so triable.
`
`Respectfully submitted.
`
`Sabriya Zaynab Silva,
`By her attorney,
`
`/4/ MW A. Rel/loo»
`
`Michael A. Rivkin (BBO# 697737)
`COHEN KINNE VALICENT] & COOK LLP
`28 North Street, 3rd Floor
`Pittsfield. Massachusetts 01 201
`
`Phone: (413) 443-9399
`Facsimile: (413) 442-9399
`mrivkin@cohenkinne.com
`
`Dated: August 18, 2020
`
`22| 149
`
`6
`
`

`

`Case 4:20-cv-11921-DHH Document 1-1 Filed 10/26/20 Page 10 of 10
`STATEMENT .'
`‘I ‘
`‘
`'
`'
`
`DAMAGES
`
`G.L.c.218.§19A(a)
`
`1
`
`_
`
`_.
`
`Trial Court of Massachusetts M
`
`-. District Court Department
`
`A
`
`Plaintiff(s) and Defendant in Counterclaim
`
`Defendant(s) and Plaintiff in Counterclaim
`Abbott Laboratories Inc. and
`Mondo International LLC
`Sabriya Zaynab 5"“
`INSTRUCTIONS: THIS FORM MUST BE COMPLETED AND FILED WITH THE COMPLAINT OR OTHER INITIAL PLEADING IN ALL
`DISTRICT COURT CIVIL ACTIONS SEEKING MONEY DAMAGES.
`
`mm... mm-
`
`50 000.00
`
`S
`
`$
`
`5 $ S S
`
`Documented medical expenses to date:
`
`1. Total hospital expenses: ....................................................................
`
`2. Total doctor expenses: ......................................................................
`
`3. Total chiropractic expenses: ...............................................................
`
`4. Total physical therapy expenses: ........................................................
`
`5. Total other expenses (Describe):
`
`Emotional Distress
`
`SUBTOTAL for lines 1-5 above:
`
`Documented lost wages and compensation to date: ......................................
`
`Documented propeny damages to date: .....................................................
`Reasonable anticipated future medical and hospital expenses:
`
`Reasonably anticipated lost wages: ...........................................................
`
`Other documented items of damage (Describe):
`
`For the. form. disregard double or treble damage claims, indicate single damages only.
`
`H.
`
`Brief description of Plaintiffs injury. including nature and extent of injury
`
`(Describe):
`
`TOTAL TORT CLAIMS for lines B-G above:
`
`
`
`Provide a detailed description of claim(s):
`
`Plus interest. costs and
`
`Defendants violated the Massachusetts Wage Act by falling to gay Plaintiff all
`
`attorneys fees
`
`due wages. including overtime, and laminated Plaintiff for reguesting payment.
`
`For this form. disregard double or treble damage claims; indicate single
`damages only.
`
`TOTAL CONTRACT CLAIMS:
`
`3 1.03500 plus
`-
`
`ATTORNEY FOR PLAINTIFF (OR PRO SE PLAINTIFF):
`,r/f/"Z‘
`9/
`/Adj-M1 f‘L lid/An
`
`Signature:
`
`Type Name:
`
`Address:
`
`Michael A. Rivkin. Esguire
`COHEN KINNE VALICENTI 8000K LLP
`28 North Street. 3" Floor. Pittsfield. MA 01201
`
`Phone:
`
`B.B.O.#:
`
`413-443-9399
`
`MichaeI A. Rivkin — 697737
`
`Date:
`
`August 18. 2020
`
`DEFENDANT'S NAME AND ADDRESS 8 PHONE:
`
`(Abbott) 100 Abbott Park Road. Abbott Park, lL 60064
`
`{Mondot102 Madison Avenue, 7" Floor. New York. NY
`
`