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IN THE TWENTIETH JUDICIAL CIRCmT COURT

IN AND FOR COLLIER COUNTY, FLORIDA

Case No.: 10-CA-5085

JOHN TIMOTHY ROBERTSON, &


STEVEN RAY FORREST CHAPLIN

Plaintiffs,
v.

cmSINE MANAGEMENT INC., a Florida corporation,


A.W. RIDGWAY, INC., a Florida corporation, d/b/a
RIDGWAY BAR & GRILL
ANTHONY RIDGWAY, an individual, &
SUZANNE HONEYCUTT, an individual

Defendants.
----------------------------~/
AMENDED COMPLAINT

Plaintiffs, John Timothy Robertson and Steven Ray Forrest Chaplin, sues Defendants,

Cuisine Management Inc., a Florida corporation, A.W. Ridgway, Inc., a Florida corporation d/b/a

Ridgway Bar & Grill, Anthony Ridgway, and Suzanne Honeycutt (collectively "Ridgway"), for

violating Sections 760.50 ("HIV Act") and 760.10 ("FCRA") of the of the Florida Statutes,

proscribing HIV/AIDS and disability discrimination, respectively.

Parties, Jurisdiction, Venue, Facts, Etc.

l. Plaintiffs are residents of Collier County, Florida, and were employed by the

Defendants. They are employees within the meaning of the HIV Act and FCRA.

2. Defendants are all employers within the meaning of the HIV Act and FCRA, both

individually and as joint-employers.

3. Cuisine Management Inc. is a Florida corporation that operates and does business

in Collier County, Florida.


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SARELSON LAW FIRM, P.A., 1401 Brickell Avenue, Suite 510, MiarrU, Florida 33131, 305-379-0305, 800-421-9954 (fax)
www.FloridaEmploymentLawyerBlog.com
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4. A.W. Ridgway, Inc. is a Florida corporation that operates and does business in

Collier County, Florida. It does business as Ridgway Bar & Grill.

5. Defendants are owned and controlled by Anthony Ridgway and Suzanne

Honeycutt. Mr. Ridgway is the controlling and managing agent of all of the Defendants and is

the person most responsible for violating the HIV Act and FCRA.

6. Jurisdiction is proper because this is an action at law in excess of $15,000.

7. Venueis proper because all of the facts and allegations that form the basis of this

Complaint occurred within Collier County, Florida.

8. Plaintiffs have retained counsel and are obligated to pay a fee for services

rendered.

9. Robertson was employed by the Defendants as Assistant General Manager.

10. Forrest was employed by the Defendants as a server.

11. Robertson began working for the Defendants on or about October 2009.

12. Forrest began working for the Defendants on or about January 2010.

13. Plaintiffs' bosses were Anthony Ridgway and Suzanne Honeycutt.

14. Plaintiffs were well qualified for their position and were exceptional employees.

They received numerous complimentary remarks from customers.

15. Plaintiffs are domestic partners.

16. On April 16,2010, Robertson informed Honeycutt he was HIV positive because

Honeycutt noticed that Robertson and Forrest had been sick and had several doctor's

appointments.

17. Honeycutt informed Ridgway of the concerns she may have regarding time off

due to doctor visits and wanted to know the effects the medications would have.
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www.SareJson.com
18. On May 20, 2010, the Plaintiffs started receiving letters about their performances

and had a meeting with Honeycutt.

19. On June 6, 2010, Honeycutt and Ridgway terminated Plaintiffs.

20. Defendants informed staff not to disclose the situation regarding the Plaintiffs

since that would definitely ruin the restaurant's reputation.

21. Plaintiffs have retained counsel and are obligated to pay a fee for services

rendered.

Count I - HIV Discrimination Pursuant to Fla. Stat. § 760.50

22. Plaintiffs incorporate paragraphs 1 - 21.

23. Plaintiffs were employees and the Defendants are employers within the meaning

of the HIV Act.

24. Plaintiffs are male and diagnosed with HIV/AIDS and related health issues.

25. Plaintiffs were qualified for their jobs and were performing well.

26. Plaintiffs suffered several adverse employment actions when the terms and

conditions of their employment were altered as a result of their diagnosis. Specifically, Plaintiffs

were terminated because oftheir HIV status.

27. Plaintiffs suffered an adverse employment action when they were terminated.

28. Plaintiffs suffered damages as a result of the Defendants' violation of the HIV

Act.

Count II - Disability Discrimination Pursuant to Fla. Stat. § 760.10


(Against the corporate Defendants only)

29. Plaintiffs incorporate paragraphs 1 - 21.

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30. Plaintiffs were employees and the corporate Defendants are employers within the

meaning of the FCRA.

31. Plaintiffs are male and diagnosed with HIVI AIDS and related health issues.

32. Plaintiffs were qualified for their jobs and were performing well.

33. The HIV Act guarantees Floridians diagnosed with HIV "every protection made

available to handicapped persons." Fla. Stat. § 760.50(2). Plaintiffs have a qualifying disability.

34. To the extent that it is determined that they do not have a qualifying disability,

then Plaintiffs allege, in the alternative, that they were regarded as having a disability within the

meaning of the FCRA.

35. Defendants knew of Plaintiffs' disability after Robertson told Honeycutt.

36. Plaintiffs suffered several adverse employment actions when the terms and

conditions of their employment were altered as a result of their disability. Specifically, Plaintiffs

were terminated because of their disability.

37. Defendants' motives for terminating Plaintiffs are s1.lpported by the difference in

treatment after the disability was disclosed, the timing of termination, and Defendants'

instructions to other employees to not divulge Plaintiffs' disability because it would hurt

business.

38. Plaintiffs suffered damages as a result of Defendants' violation of the FCRA.

39. Plaintiffs are aware that this Amended Complaint is being filed less than 180 days

after the filing of their respective FCRAlEEOC charges. The Plaintiffs' health is deteriorating

quickly. Equity demands that the Amended Complaint be filed now. The administrative process

is not jurisdictional.

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SARELSON LAW FIRM, P.A., 1401 Brickell Avenue, Suite 510, Miami, Florida 33131,305-379-0305,800-421-9954 (fax)
www.FloridaEmploymentLawyerBlog.com
www.Sarelson.com
Demand for Jury Trial

Plaintiffs demand a trial by jury on all issues so triable.

Prayer for Relief

Plaintiffs pray that this Court enter judgment in their favor against Defendants, Cuisine

Management Inc., A.W. Ridgway Inc., Anthony Ridgway, and Suzanne Honeycutt, jointly and

severally, and award monetary damages of no less than $1,000,000 for back pay, front pay,

economic and non-economic damages (including pain and suffering), reasonable attorneys' fees

and costs and any other relief this Court deems appropriate.

Dated: December_, 2010 /0


Respectfull
----....

tthew Seth Sarelson, Esq.


la. Bar No. 888281
Max M. Nelson, Esq.
Fla. Bar No. 84532
SARELSON LAW FIRM, P.A.
1401 Brickell Avenue, Suite 510
Miami, Florida 33131
305-379-0305
800-421-9954 (fax)
msarelson@sarelson.com
mnelson@sarelson.com
Counsel for Plaintiffs

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on Decembe/O, 2010, a copy of this document was served

via U.S. Mail and facsimile on Denise L. Wheeler, Esq., Fowler White Boggs, P.A., 2235 First

Street, Fort Meyers, Florida 33901 and (239) 334-3240 (fax).

<lA/ "' LL---_-,


9'x M. Nelson, Esq.
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SARELSON LAW FIRM, P.A., 1401 Brickell Avenue, Suite 510, Miami, Florida 33131, 305-379-0305, 800-421-9954 (fax)
www.FloridaEmpioymentLawyerBlog.com
www.Sarelson.com

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