Case 1:10-cv-24520-AJ Document 1 Entered on FLSD Docket 12/17/2010 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

CASE NO. 1:1O-cv-24S20

MATIAS VERGARA,

Plaintiff,
vs.

SC COLLINS LLC, a Foreign Limited Liability

Company, MORGANS HOTEL GROUP
MANAGEMENT, LLC, a Foreign Limited Liability
Company, MORGANS GROUP, LLC, a Foreign
Company, and MIHAl GHIOCEL, Individually

Defendants
----------------------------------./

COMPLAINT

COMES NOW, Plaintiff, MATIAS VERGARA, by and through his undersigned counsel

and hereby sues the Defendants, SC COLLINS LLC (hereinafter SC COLLINS), MORGANS

HOTEL GROUP MANAGEMENT LLC and MORGANS GROUP LLC, (hereinafter

collectively referred to as MGH) and MIHAl GHIOCEL and alleges:

GENERAL ALLEGATIONS

1. This is an action for damages within the jurisdictional limits of this court. This court

has jurisdiction pursuant to Title VII of the Civil Rights Act of 1964, as amended, codified at 42

U.S.C. § 2000e et seq., and the Civil Rights Act of 1991 , for employment discrimination based

on race, color, religion, sex or national origin.

2. Plaintiff, MATIAS VERGARA, at all times material hereto was and is a resident

of Miami-Dade County, Florida and is otherwise sui juris.

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3. At all times material hereto Defendant, SC COLLINS, was and is a foreign

limited liability company doing business in Miami, Dade County, Florida.

4. At all times material hereto Defendant, MIHAl GHIOCEL, was and is a resident

of Miami, Dade County, Florida, and an employee of Defendant, SC COLLINS, and was

involved in sexually harassing MATIAS VERGARA which is the subject of this lawsuit.

5. At all times material hereto Defendants, MGH, were a foreign limited liability

company and a foreign corporation doing business in Miami, Dade County, Florida.

6. Venue is invoked pursuant to 28 U.S.C. § 1391.

7. The plaintiff is an employee within the meaning of 42 U.S.C. § 2000e(f).

8. The Defendants are an employer, employment agency, or labor organization

within the meaning of 42 U.S.C. § 2000e(b), (c), or (d).

9. The Defendants are engaged in commerce within the meaning of 42 U. S.C. §

2000e(g).

COUNT I -SEXUAL HARASSMENT

10. Plaintiff, MATIAS VERGARA, reavers and realleges paragraphs 1 through 9

as if fully set forth herein and further states.

11 . At all times material hereto Plaintiff, MATIAS VERGARA, was an employee of

Defendants, MGH and SC COLLINS LLC while performing the duty of Server at Blue Door at

Delano located in South Beach, Miami.

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12. All conditions precedent to the institution of this lawsuit have occurred or have

been waived. Specifically, any and all administrative requirements have been waived , satisfied ,

and/or are futile.

13. At all times material hereto Defendant, SC Collins LLC is the named party

indicated in plaintiff s earning statement.

13. At all times material hereto Defendants, MGH, operates and owns an interest in

Delano.

14. On or about November 1, 2008, Plaintiff, MA TIAS VERGARA, became

employed as a server for Blue Door Fish restaurant located at Delano, South Beach, Florida

under the Supervision of Defendant, MIHAl GHIOCEL.

15. Shortly thereafter, Defendant MIHAl GHIOCEL began to intentionally make

unwanted sexual advances towards the Plaintiff through the use of unwanted jokes, gestures, and

offensive words on clothing and unwelcome comments and repartee on a regular basis. In

addition, the Defendant, MIHAl GHIOCEL, intentionally created bodily contact with the

Plaintiff through touching, scratching, patting, grabbing and at times interfering with the

Plaintiffs ability to move. Moreover, there were repeated requests for dates which were turned

down and unwanted flirting.

16. The harassment was so severe or pervasive that Plaintiff could no longer perform

his duties without feeling anxious or defenseless which affected the terms and conditions of

Plaintiff s employment.

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17. On March 3, 2009, Plaintiff, MATIAS VERGARA, delivered a written

complaint to Chuck Collado from Management to inform him of the hostile environment caused

by the sexual harassment to which an investigation was ensued and the allegations were

confirmed. Please see attached Complaint Letter from Matias Vergara as Exhibit A and

Memorandum from Patrick Kemmache, Director of Food and Beverage as Exhibit B.

18. Upon the allegations being confirmed, suspended Defendant, MIAHI GHIOCEL,

for approximately a week and transferred him to the outside area of the restaurant. However, the

outside area is so remotely close in proximity to the restaurant that it did not shield Plaintiff,

MA TIAS VERGARA, from continuous contact with the Defendant and therefore continuous

exposure to sexual overtures, sexual comments and a hostile environment.

19. In August, 2009, Plaintiff, MATIAS VERGARA made a verbal complaint about

the hostile environment to Grace Sanchez, Human Resources Manager after complaining

numerous times to Patrick Kemmache. Even though he was advised that the problem would be

resolved, he continued to be exposed to the hostile environment and no action was taken by

management to protect the Plaintiff from this second complaint.

20. Plaintiff, MATIAS VERGARA, spoke to Grace, who conducted a harassment

course in September, 2009 and complained about his situation once again. The Plaintiff, was

advised that no further repercussions could be taken against the Defendant, MIHAl GHIOCEL,

because he was a Manager and there existed lack of management at the time in the hotel.

WHEREFORE, Plaintiff, MATIAS VERGARA, demands judgment against Defendant,

SC COLLINS LLC, MORGANS HOTEL GROUP MANAGEMENT LLC and MORGANS

GROUP LLC, and MIHAl GHIOCEL for compensatory damages, benefits due under the terms

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of his employment, interest on said benefits, plus costs and attorneys' fees and for such other

relief as this court deems legal, equitable and just.

COUNT II - RETALIATION

21. Plaintiff, MATIAS VERGARA, reavers and realleges paragraphs 1 through 20.

as fully set forth herein and further states.

27. This is an action for sexual harassment pursuant to Title VII of the Civil Rights

Act of 1964, as amended, codified at 42 U.S.C. § 2000e et seq., and the Civil Rights Act of 1991.

28. Defendants, MGH and SC COLLINS LLC, employed Plaintiff, MATIAS

VERGARA on November 1, 2008 and was placed under the supervision of Defendant, MIHAl

GHIOCEL.

29. From the inception of his employment, the Plaintiff was exposed to constant

unwanted sexual advances, unwanted sexual comments and unwanted sexual physical contact

from Defendant, MIHAl GHIOCEL.

30. Plaintiff, MATIAS VERGARA made numerous complaints about the hostile

environment to upper management, which included Human Resources as of March, 2009

through September, 2009. Shortly after attempting to make an additional complaint to Patrick

Kemmache in October, 2009, Plaintiff, MATIAS VERGARA, was suspended indefinitely

without an explanation by Grace Sanchez, the Human Resources Manager.

31 . The Plaintiff, called on a regular basis to confirm a date for his return and or to

gather an explanation as to what his suspension entailed but to no avail. Finally, he gathered that

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he was terminated as of November 1, 2009 and shortly thereafter filed for and was approved for

unemployment.

32. Plaintiff, MATIAS VERGARA, was unemployed for approximately seven (7)

months and as a result from the stress and burden imposed by the hostile work environment and

his employer' s retaliation, his personal life was negatively impacted and even though he sought

treatment, his marriage is still in the process of a divorce.

WHEREFORE, Plaintiff, MATIAS VERGARA, demands judgment SC COLLINS LLC,

MORGANS HOTEL GROUP MANAGEMENT LLC and MORGANS GROUP LLC, and

MIHAl GHIOCEL for compensatory damages, treble damages, costs, interest and attorneys' fees

and demands a trial by jury of all issues triable as a matter of right by jury

I declare under penalty of perjury that the foregoing is true and correct.

Dated: December 16, 2010

N dja A. rias
A orney r Plaintiff
Fl rida No. 60932
Cas .s & Prias, PLLC.
444 Brickell Avenue, Suite 721
Miami, FL 33131
(305) 722-8015 phone
(305) 722-8016 fax
Nadja@CasaisLaw.com

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