Case 2:21-cv-12811 Document 1 Filed 06/22/21 Page 1 of 13 PageID: 1
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`IBRAHIM AHMED LAW GROUP, P.C.
`Ibrahim Ahmed, Esq. (NJ ID No. 265622018)
`4105 US-1 South, Suite 2
`Monmouth Junction, New Jersey 08852
`Tel: (732) 800-0251
`Fax: (732) 982-2147
` Email: i.ahmed@ibrahimalaw.com / admin@ibrahimalaw.com
`Attorneys for Plaintiff, Geran Smith
`_____________________________
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`GERAN SMITH
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` Plaintiff,
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` v.
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`AMAZON.COM SERVICES,
`INC., AND JOHN DOES.
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` Defendants.
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` UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
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`
`DOCKET NO.:
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`CIVIL ACTION
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`VERIFIED COMPLAINT AND DOCUMENT
`PRODUCTION REQUEST
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`GERAN SMITH (“Plaintiff” and/or “Geran”) by way of Complaint against
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`AMAZON.COM SERVICES, INC, and JOHN DOES (“Defendants” and/or “Amazon”) states as
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`follows:
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`1.
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`2.
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`THE PARTIES
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`Plaintiff, Geran Smith, is a citizen of the State of New Jersey.
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`Defendant Amazon is a Delaware corporation with its principal place of business
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`in Seattle, Washington. Therefore, Amazon is a citizen of Delaware and Washington.
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`3.
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`Defendants John Does, currently unidentified, are individuals and/or entities who,
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`on the basis of their direct acts or on the basis of respondeat superior, are answerable to the Plaintiff
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`for the acts set forth herein.
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`1
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`IBRAHIM AHMED LAW GROUP, P.C.
`Ibrahim Ahmed, Esq. (NJ ID No. 265622018)
`4105 US-1 South, Suite 2
`Monmouth Junction, New Jersey 08852
`Tel: (732) 800-0251
`Fax: (732) 982-2147
` Email: i.ahmed@ibrahimalaw.com / admin@ibrahimalaw.com
`Attorneys for Plaintiff, Geran Smith
`_____________________________
`
`GERAN SMITH
`
` Plaintiff,
`
` v.
`
`AMAZON.COM SERVICES,
`INC., AND JOHN DOES.
`
` Defendants.
`
`
`
`
` UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`
`DOCKET NO.:
`
`CIVIL ACTION
`
`VERIFIED COMPLAINT AND DOCUMENT
`PRODUCTION REQUEST
`
`
`
`
`GERAN SMITH (“Plaintiff” and/or “Geran”) by way of Complaint against
`
`AMAZON.COM SERVICES, INC, and JOHN DOES (“Defendants” and/or “Amazon”) states as
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`follows:
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`1.
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`2.
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`THE PARTIES
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`Plaintiff, Geran Smith, is a citizen of the State of New Jersey.
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`Defendant Amazon is a Delaware corporation with its principal place of business
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`in Seattle, Washington. Therefore, Amazon is a citizen of Delaware and Washington.
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`3.
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`Defendants John Does, currently unidentified, are individuals and/or entities who,
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`on the basis of their direct acts or on the basis of respondeat superior, are answerable to the Plaintiff
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`for the acts set forth herein.
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`1
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`Case 2:21-cv-12811 Document 1 Filed 06/22/21 Page 2 of 13 PageID: 2
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`JURISDICTION AND VENUE
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`5.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(d).
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`because this action is between citizens of different states, and the matter in controversy exceeds
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`the sum or value of $300,000 exclusive of interest and costs.
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`6.
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`Venue is appropriate in this District pursuant to 28 USC § 1391(b)(2) because a
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`substantial part of the acts and omissions that gave rise to this Complaint occurred or emanated
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`from this District.
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`7.
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`This Court has personal jurisdiction over Amazon.com because it specifically
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`marketed, advertised, and made substantial sales in New Jersey. Further, it has sufficient Case
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`minimum contacts with the State of New Jersey and purposely availed itself of the forum states’
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`laws through promotion, sales, and marketing.
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`FACTUAL BACKGROUND
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` 8. Plaintiff worked as an Amazon Flex driver from July 2015 through September
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`2019.
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`9. During the time Plaintiff worked as an Amazon driver, Plaintiff signed a contract
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`that stated Plaintiff would receive a minimum of $17.50 per hour and would receive 100% of
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`customer tips Plaintiff received.
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`10. Amazon provides delivery service of a variety of consumer goods to its customers
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`on a nationwide basis, including in the State of New Jersey.
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`11. Amazon contracts directly with Amazon Flex drivers in the State of New Jersey
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`to conduct these deliveries.
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`12. Although classified as independent contractors, Amazon Flex Drivers are actually
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`employees within the meaning of the New Jersey Wage Payment Law and New Jersey Wage and
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`Hour Law.
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`13. Amazon Flex Drivers receive unpaid training regarding how to interact with
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`customers and how to handle issues they encounter while making deliveries. (see Exhibit A).
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`14. Amazon Flex Drivers must follow Amazon’s instructions regarding where to make
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`deliveries, orders, and which route to take.
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`15. Amazon Flex Drivers can be penalized or terminated for missing scheduled shifts.
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`16. Amazon Flex Drivers also must follow requirements and rules imposed on them
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`by Amazon and are subject termination, based on Amazon’s discretion."
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`17. Amazon Flex Drivers can be disciplined or terminated for their failure to adhere
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`to Amazon’s requirements including, but not limited to, rules regarding their conduct with
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`customers, their timeliness in making deliveries, their scanning of packages, and their conduct
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`when picking up or returning packages to the warehouse.
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`18. Amazon Flex Drivers provide their own vehicle, but are required to place an
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`Amazon sign on the vehicle.
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`19. Amazon Flex Drivers’ services are fully integrated with Amazons businesses.
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`20. Amazon Flex Drivers are told they will be paid by the hour; however, the Amazon
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`Flex Drivers are actually paid by the “block”.
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`21. Amazon Flex Drivers are given a predetermined amount of packages, determined
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`by Amazon, and those packages are supposed to be delivered within a two hour block of time.
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`22. Whether the drivers deliver the packages before the two hour block of time, or
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`after the two hour block, the drivers are paid the same amount of money.
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`23. During the time Plaintiff worked for Amazon, Plaintiff would arrive at the
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`warehouse to pick up his packages in a timely manner.
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`24.
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`Plaintiff performed said duties in a timely manner.
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`25. However, on numerous occasions, Amazon either failed to compensate Plaintiff
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`the amount that he was due, or failed to compensate Plaintiff at all for the additional hours he
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`worked.
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`26. Plaintiff was also told by customers on multiple occasions that they tipped Plaintiff
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`electronically.
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`27. However, Plaintiff was not given the tips by Amazon.
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`28. Upon information and belief, similarly situated employees were also denied tips.
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`29. Upon information and belief, similarly situated employees did not receive
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`compensation for all hours worked.
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`30. Plaintiff complained to Amazon about all of the problems listed in this complaint.
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`31. Plaintiff and other Amazon Flex Drivers were also not compensated for necessary
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`business expenses that they must pay such as gas and car maintenance.
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`32. On February 2021, the class action Defendants settled with the Federal Trade
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`Case 2:21-cv-12811 Document 1 Filed 06/22/21 Page 5 of 13 PageID: 5
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`Commission (“FTC”) $61.7 Million dollars in a class action suit in order to refund amazon flex
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`drivers unpaid tips. Similarly, Plaintiff is owed damages for unpaid tips. Plaintiff is demanding
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`his fair share from the FTC settlement.
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`33. As a result of the allegations set forth above, Plaintiff and the similar situated
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`members have been “made to suffer economic and non-economic harm."
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`COUNT I
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`Violation of the Wage Payment Law for Failure to Pay Minimum Wage
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`34. Plaintiff hereby repeats and realleges paragraphs 1 through 48, as though fully set
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`forth herein.
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` 35. In failing to pay Plaintiff for the full amount of hours worked and failing to ensure
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`that Plaintiff and other Amazon Flex Drivers who have worked in the State of New Jersey were
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`paid in compliance with the New Jersey State minimum wage, after accounting for expenses they
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`paid that were necessary to perform their job, Defendant failed to pay Plaintiff the minimum wage
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`in violation of New Jersey’s WPL.
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`WHEREFORE, Plaintiff, on behalf of himself, demands judgment against the Defendants
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`jointly, severally and in the alternative, together with due and unpaid minimum wage, liquidated
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`damages, punitive damages, interest, cost of suit, attorneys’ fees, enhanced attorneys’ fees, interest
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`and any other relief the Court deems equitable and just.
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`Case 2:21-cv-12811 Document 1 Filed 06/22/21 Page 6 of 13 PageID: 6
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`COUNT II
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`Failure to Pay Overtime Under the Wage and Hour Law
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`36. Plaintiff hereby repeats and realleges paragraphs 1 through 50, as though fully set
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`forth herein.
`37. Defendant has failed to pay Plaintiff and all others similarly situated time and one
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`half their regular hourly rate for hours worked in excess of forty per week, in violation of the New
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`Jersey Wage and Hour Law.
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`WHEREFORE, Plaintiff, on behalf of himself, demands judgment against the Defendants
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`jointly, severally and in the alternative, together with due and" "unpaid overtime, liquidated
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`damages, punitive damages, interest, cost of suit, attorneys’ fees, enhanced attorneys’ fees, interest
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`and any other relief the Court deems equitable and just.
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`COUNT III
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`Wage Theft Under the WPL
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`38. Plaintiff hereby repeats and realleges paragraphs 1 through 52, as though fully set
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`forth herein.
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`39. For the reasons set forth above, Defendant has violated the New Jersey Wage
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`Payment Law in failing to pay Plaintiff and all others similarly situated the agreed upon wage and
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`withholding tips paid by customers.
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`WHEREFORE, Plaintiff, on behalf of himself, demands judgment against the
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`Defendants jointly, severally and in the alternative, together with applicable compensatory
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`damages, economic damages including unpaid wages and unpaid tips, liquidated damages,
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`6
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`Case 2:21-cv-12811 Document 1 Filed 06/22/21 Page 7 of 13 PageID: 7
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`punitive damages, cost of suit, attorneys’ fees, enhanced attorneys’ fees, interest and any other
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`relief the Court deems equitable and just.
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`COUNT IV
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`Civil Conversion
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`40. Plaintiff hereby repeats and realleges paragraphs 1 through 54, as though
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`fully set forth herein.
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`41. For the reasons set forth above, the Defendant has violated New Jersey’s
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`common law civil conversion law by exercising dominion over the property of Plaintiff and all
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`others similarly situated, including but not limited to, wages and tips.
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`WHEREFORE, Plaintiff demands judgment against the Defendants jointly,
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`severally and in the alternative, together with applicable compensatory damages, economic
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`damages punitive", "damages, interest, exemplary damages, cost of suit, attorneys’ fees, enhanced
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`attorneys’ fees, interest and any other relief the Court deems equitable and just."
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`Dated: 1/10/2021
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`Respectfully submitted,
`IBRAHIM AHMED LAW GROUP, P.C.
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`/s/Ibrahim Ahmed
`IBRAHIM AHMED, ESQ.
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`7
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`Case 2:21-cv-12811 Document 1 Filed 06/22/21 Page 8 of 13 PageID: 8
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`DEMAND FOR DOCUMENTS
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`1.
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`Please provide true copies of the communications, reports, records, notes, and
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`other documents of any and all experts who have received any aspect of this case on behalf of the
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`Defendants who are proposed expert witnesses on behalf of Defendants in this matter. This
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`request includes, but is not limited to, true copies of any reports of tests and experiments
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`conducted for this case.
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`2. Provide copies of any written contract(s) or agreement (s).
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`3.
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`Provide a copy of any telephone tapes or other recordings regarding oral
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`communications between the parties.
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`4.
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` Any and all expert reports on the issues of damages or liability. The reports,
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`materials, items, and all other things created, examined, or reviewed with reference to the above-
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`referred incident, or any and all experts who have received any aspect of this case on behalf of
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`Defendants or Defendants’ attorneys and who are proposed expert witnesses on behalf of
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`Defendants in this matter and who have submitted a report to either Defendants or Defendants’
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`attorney. The original or copies of all articles, publications, or writings authored or co-authored
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`by the expert or toward which the expert contributed in any way. A list of all research resources
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`that the expert consulted or reviewed in reference to forming any opinion on the above-entitled
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`cause of action. The original or an exact copy of everything provided to the expert for this case
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`by anybody, especially the Defendant or the Defendant's attorney, agents, servants or assigns.
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`Every tangible thing that the expert has created, constructed, or experimented with or that was
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`employed in any way to assist the expert in creating or explaining any belief, opinion, testimony
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`Case 2:21-cv-12811 Document 1 Filed 06/22/21 Page 9 of 13 PageID: 9
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`or evidence that may be involved in this case. All billings, invoices, and timekeeping records for
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`all fees charges or to be charged in reference to this case, also, all fee agreements, arrangements,
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`or descriptions.
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`5.
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`Any and all statements taken of any party or witness to this suit, whether written
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`or oral (if oral, set forth the names and address of the witness making such statement).
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`6.
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`All documents between you and any party herein that discusses or in any other
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`way relates to the issues raised in this litigation regardless of whether such documents were
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`initiated by you or by such other party or parties.
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`7.
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`All documents between you and any other person that discusses or in any other
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`way related to the issues raised in this litigation regardless of whether such documents were
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`initiated by you or by such other person.
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`8.
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`All documents generated by you that discuss or in any other way are relevant to
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`the issues raised in this litigation.
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`9.
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`Copies of all contracts, invoices, and text messages relevant to the above-
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`referenced property and said work.
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`10.
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`11.
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`Any and all audio recordings between plaintiff and defendants.
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`Transcripts of any Court Proceedings.
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`Failure to provide the above within the thirty (30) day period required by Rule 4:18-1 will result
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`in counsel for defendant applying to the Court for the appropriate sanctions, including but not
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`9
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`Case 2:21-cv-12811 Document 1 Filed 06/22/21 Page 10 of 13 PageID: 10
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`limited to counsel fees and costs, precluding the use of any of the requested documents, as well
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`as an Order, barring Plaintiff’s demand and dismissing its complaint.
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`CERTIFICATION
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`I certify that there are no further actions pending or contemplated between the parties hereto
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`regarding the subject matter of this lawsuit, nor are there any other individuals or entities whose
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`joined as parties is necessary for a full and complete resolution of the matter herein.
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`CERTIFICATION PURSUANT TO N.J. Ct. R. 1:38-7(b)
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`I certify that confidential personal identifiers have been redacted from documents now
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`submitted to the Court and will be redacted from all documents submitted in the future in
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`accordance with N.J. Ct. R. 1:38-7(b).
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`Dated: 11/11/2020
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`/s/Ibrahim Ahmed
`IBRAHIM AHMED, ESQ.
`IBRAHIM AHMED LAW GROUP, P.C.
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`CERTIFICATION PURSUANT TO N.J. Ct. R. 4:5-1
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`I certify that the matters in controversy in this action are not the subject of any other action
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`pending in any other court or of a pending arbitration proceeding, and that no other action or
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`arbitration proceeding is contemplated..
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` /s/Ibrahim Ahmed
`10
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`Case 2:21-cv-12811 Document 1 Filed 06/22/21 Page 11 of 13 PageID: 11
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` IBRAHIM AHMED, ESQ.
` IBRAHIM AHMED LAW GROUP, P.C.
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`DATED: 11/11/2020
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`CERTIFICATION
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`1.
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`I hereby certify that the within Complaint will be served upon all parties within
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`the time allowed by the Rules of Court.
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`2.
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`I hereby certify that there are no other actions or arbitration proceedings pending
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`or contemplated to be commenced, which relate to the subject matter of this litigation, and that
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`no other parties should be joined
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`3.
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`I hereby further certify that the foregoing statements made by me are true. I am
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`aware that if any of the foregoing statements made by me are willfully false, I am subject to
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`punishment.
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` /s/Ibrahim Ahmed
` IBRAHIM AHMED, ESQ.
` IBRAHIM AHMED LAW GROUP, P.C.
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`11
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`Case 2:21-cv-12811 Document 1 Filed 06/22/21 Page 12 of 13 PageID: 12
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`IBRAHIM AHMED LAW GROUP, P.C.
`Ibrahim Ahmed, Esq. (NJ ID No. 265622018)
`4105 US-1 South, Suite 2
`Monmouth Junction, New Jersey 08852
`Tel: (732) 800-0251
`Fax: (732) 982-2147
` Email: i.ahmed@ibrahimalaw.com / admin@ibrahimalaw.com
`Attorneys for Plaintiff, Geran Smith
`_____________________________
`
`GERAN SMITH
`
` UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`
` Plaintiff,
`
` v.
`
`AMAZON.COM SERVICES,
`INC., AND JOHN DOES.
`
` Defendant.
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`
`
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`DOCKET NO.:
`
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`CIVIL ACTION – VERIFIED COMPLAINT
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`
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`I, Ibrahim Ahmed, Esq., of full age, hereby certify as follows:
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`1.
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`I am an attorney at law in the State of New Jersey, and an attorney with the law
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`firm of Ibrahim Ahmed Law Group, P.C., and am actively engaged in handling the above-entitled
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`matter on behalf of the Plaintiffs. I am fully familiar with the facts of this matter and am making
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`this certification in support of the attached Complaint.
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`2.
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`Exhibits “A” though “B” to Plaintiff’s verification are true copies of the originals.
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`I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing
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`statements made by me are willfully false, I am subject to punishment.
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` /s/Ibrahim Ahmed
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` IBRAHIM AHMED, ESQ.
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`12
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`Case 2:21-cv-12811 Document 1 Filed 06/22/21 Page 13 of 13 PageID: 13
`Case 2:21-cv-12811 Document 1 Filed 06/22/21 Page 13 of 13 PageID: 13
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` IBRAHIM AHMED LAW GROUP, P.C.
`IBRAHIM AHMED LAW GROUP, P.C.
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`DATED: 1/11/2020
`DATED: 1/11/2020
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`13
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