Matt Cohen

Case 9:12-cv-80304-DMM Document 1 Entered on FLSD Docket 03/16/2012 Page 1 of 36
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
CARLY SINGER,
CASE NO.:
Plaintiff,
vs.
LATITUDE SOLUTIONS, INC., a foreign
profit corporation, and MATTHEW J.
COHEN, an individual,
Defendants.
_______________________________/
COMPLAINT
Plaintiff, CARLY SINGER (Plaintiff or SINGER), hereby sues Defendants,
LATITUDE SOLUTIONS, INC. (LATITUDE), a foreign profit corporation, and
MATTHEW J. COHEN (COHEN), an individual, and alleges:
NATURE OF ACTION
1.
This is an action for assault, battery, intentional infliction of emotional
distress, negligent infliction of emotional distress, negligent hiring, negligent retention,

negligent supervision and training, negligent misrepresentation, violation of the Florida
Private Whistleblowers Protection Act (WPA), Florida Statutes 448.101-105,
invasion of privacy, sexual harassment, and retaliation under the Florida Civil Rights
Act, (FCRA)Florida Statutes 760.01, et seq. and the Civil Rights Act of 1964, (Title
VII), 42 U.S.C. 2000 et seq.
JURISDICTION & VENUE
2.
This Court has jurisdiction over this action pursuant to 28 U.S.C. 1331,
1337 and 42 U.S.C. 2000e-5(f).
3.
Plaintiff invokes this Courts supplemental and pendant jurisdiction over all
of Plaintiffs state law claims, which arise out of the same nucleus of operative facts as
the federal claims alleged herein.
4.
Venue is proper in this Court under 28 U.S.C. 1331(b) because a
substantial part of the events or omissions giving rise to the claims occurred in this
district.
PARTIES
5.
At all times material hereto, Plaintiff SINGER was and is a resident of Palm
Beach County, Florida.

6.
At all times material hereto, Defendant COHEN was and is a resident of
Palm Beach County, Florida, and is sui juris.

7.
At all times material hereto, Defendant LATITUDE was and is a corporation
organized and existing under the laws of the State of Nevada, and is authorized to do
business in the State of Florida and was, in fact, engaged in business in Palm Beach
County, Florida.
GENERAL ALLEGATIONS
The Employer-Employee Relationship(s)
8.
At all times material hereto, Defendant LATITUDE employed at least 15
(15) individuals during the relevant time period of the statutes implicated in this
Complaint.
9.
At all times material hereto, SINGER was an employee of Defendant
LATITUDE as defined by Title VII, the FCRA and Fla. Stat. 448.101(2).
10.
At all times material hereto, Defendant LATITUDE was Plaintiff SINGERs
employer, as defined by Title VII, the FCRA and Fla. Stat. 448.101(3).
11.
At all times material hereto, Defendant COHEN was and is an employee of
Defendant LATITUDE, as defined by Title VII, the FCRA and Fla. Stat. 448.101(2).
12.
At all times material hereto, Defendant LATITUDE was and is Defendant
COHENs employer, as defined by Title VII, the FCRA and Fla. Stat. 448.101(3).
13.
At all times material, Defendant COHEN was the Chief Financial Officer
(CFO) of LATITUDE and had significant management responsibilities for the company.
The Sexual Harassment and Sexual Assault
14.
In the course of her employment with LATITUDE, SINGER was subjected
to quid pro quo sexual harassment and unwelcome sexual harassment, sexual
advances and other conduct of a sexual nature.
15.
The sexual harassment endured by SINGER was based on her female
gender.
16.
The unwelcome sexual harassment and sexual advances that SINGER
endured was sufficiently serious as to alter the terms and conditions of her employment
and ultimately resulted in her separation from employment with LATITUDE.
17.
A legal basis exists to hold LATITUDE liable for the sexual harassment that
SINGER endured.
18.
SINGER worked for LATITUDE as an Executive Assistant to Chief
Executive Officer, Harvey Kaye beginning in February 2011. However, SINGER was
also subordinate to COHEN as the CFO of the LATITUDE.
19.
SINGER is a single woman in sole support of herself, is a cancer survivor
and in need of continuity of employment to maintain her group medical benefits.

20.
On or about the middle of November, 2011, Defendant, COHEN, came into
SINGERs office and informed her that things were not going well financially for
LATITUDE. SINGER was concerned that she might lose her job as a result.
21.
After pronouncing the companys financial issues, COHEN then grabbed
the chair SINGER was sitting on and rolled it towards him and kissed SINGER.
22.
From that time until the late in November 2011, COHEN repeatedly sent
SINGER inappropriate texts during and after hours.
Said texts included distasteful
sexual advances (e.g., u wont get scared when 9 inches of steel is shoved down your
throat) and obscene nude pictures, including males and their penis. Most of the time,
SINGER did not respond. When she did respond, it was because she feared losing her
job if she ignored COHEN. She tried to make light of COHENs texts with humor and
specifically avoided his hideous and embarrassing remarks.
23.
At the end of November 2011, after almost everyone in at LATITUDE had
gone home, COHEN buzzed SINGER on the intercom to come into his office.
24.
When SINGER went into COHENs office, he told her to close the door;
COHEN came up behind SINGER and locked the door.

25.
COHEN unbelted his pants and pulled them down to reveal his penis.
26.
SINGER froze in complete fear of what would happen next.
27.
COHEN told SINGER that he would protect her job with LATITUDE and
then reached for his penis.

28.
COHEN put his arm on SINGERS shoulder, pushed SINGER to her knees,
and pushed her head down onto his penis.
29.
In panic for what COHEN might do, in fear of losing the job she so
desperately needed, and feeling she was left with no other choice, SINGER did as
COHEN forced her to do. She performed oral sex upon him.
30.
From that time forward on a weekly basis, COHEN would demand that
SINGER come to his office behind closed doors and perform oral sex upon him.
31.
Whenever it was quiet in the office and SINGER was alone in the kitchen,
COHEN would slap SINGER on her bottom, push her up against the kitchen counter
from behind and push his penis against her bottom; at times, he would grab her and
kiss her.
32.
COHEN also continued his unwanted and inappropriate texts and
repeatedly bragged to SINGER about his extra marital affairs.

33.
SINGER perceived COHENs conduct as sexual harassment, and this
perception is reasonable.
34.
SINGER did not encourage nor welcome the harassment described in
paragraphs above. Rather, SINGER felt her job was conditioned on her acquiescing to
COHENs sexual demands.
35.
SINGER was not aware of any sexual harassment policy of LATITUDE;
nor was she aware of any employee of LATITUDE to whom she could complain about
sex harassment. Upon information and belief, LATITUDE had no internal policies and
codes of conduct concerning sexual harassment in the workplace at all times material to
this Complaint.
Terminations Commence
36.
In or about the beginning of February 2012, SINGER learned that her
direct supervisor CEO, Mr. Kaye would be terminated.
Several employees were
terminated from LATITUDE, including SINGERs boss, Mr. Kaye.

37.
COHEN, however, assured SINGER that her job would not be eliminated;
that he would make sure he saved her, and even said that he told the Committee 1 that
they should keep SINGER because she is very good with men.
38.
COHEN informed SINGER that Human Resources Director Nancy Greco
(Greco), had voted to terminate her, and COHEN saved SINGERs job, but that
SINGER would have to take a twenty-five per cent (25%) decrease in pay to keep her
job.
39.
COHEN then told SINGER that he personally would pay her the difference
in her decrease in pay to subsidize her income so that she would not experience a
reduction in pay, with the expectation that SINGER would continue to perform oral sex
upon him.
40.
In or about February 4, 2012, SINGER approached COHEN about
receiving subsidized pay from him as he promised to pay.

41.
COHEN informed SINGER that he was not going to pay her what he had
promised and, thereafter, he began threatening to terminate her job.

The February 4, 2012 Proposed Meeting
42.
After all the fear, anguish, humiliation and embarrassment SINGER had
been subjected to during her seemingly endless months of sexual harassment and
abuse inflicted upon her by COHEN; SINGER now knowing that, in spite of all she had
endured in exchange for COHENs promises of job security and full pay, COHEN was
1
The Committee included New Chief Executive Officer Jeffrey A. Wohler, Director
Michael H. Gustin, and Independent Director John Paul DeJoria.
6
reneging on those promises, SINGER could no longer keep COHENs sexual

harassment to herself.
43.
On February 4, 2012, SINGER called the new CEO Jeffrey Wohler
(Wohler), who replaced Mr. Kaye, and gave LATITUDE formal notice that she had
been subjected to sexual harassment, battery and assault by COHEN; SINGER also
informed COHENs wife, Debbie Cohen.
44.
Wohler asked SINGER to attend a barbeque to meet with another Board
Member, Michael Gustin, to discuss everything that had happened to SINGER.

45.
When SINGER called back to schedule the time to meet, her call was not
answered nor ever returned by Wohler; SINGER then texted Wohler, but here too,
SINGER received no response.
46.
Instead Greco contacted SINGER and told SINGER that she had been
with Wohler and Gustin all day discussing the allegations. Greco accused SINGER of
being a fucking liar and told her not to come into the office on Monday for work.
SINGER was upset, angry and distraught by LATITUDEs failure to investigate her
formal complaint or to discuss the complaint with her, and based on the fact that she
had been told not to come to work SINGER believed that she had been terminated.
47.
SINGER believed that LATITUDE was retaliating against her for reporting
COHENs conduct to Wohler.

48.
Defendant LATITUDE failed and refused to take appropriate action
against COHEN after SINGER notified LATITUDE that COHEN sexually harassed and
assaulted and battered her.
The Police Reports

49.
Later that evening, upon information and belief, someone from LATITUDE
called the police relative to SINGER. At 2:30 a.m., SINGER awoke to her telephone
ringing; when she answered it was the City of Delray Beach Police Department, who
informed her that they were downstairs and asked to meet with her; SINGER was
Baker Acted, 2 placed in handcuffs and brought to South County Mental Health Center.
50.
SINGER was released just before noon on Sunday, February 5, 2012,
after passing a full mental examination and drug testing.

51.
Soon after SINGER returned home Mrs. Cohen began calling and texting
SINGER repeatedly. Mrs. Cohen was screaming on the phone and texting incessantly.
52.
Knowing no other way to stop Ms. Cohens unceasing calls and texts,
SINGER filed a harassment report with the Delray Beach Police Department.
53.
An hour later, the police showed up at SINGERs home and the officer
responding stated that the policed department received a similar harassment complaint
from Mrs. Cohen.
54.
After speaking with SINGER and reviewing the calls and texts she
received from Mrs. Cohen, the police officer responding to SINGERs home called Mrs.
Cohen several times but with negative results. He then left Mrs. Cohen a voicemail
advising her to stop texting SINGER. A copy of the Incident/Investigation Report is
attached hereto and marked as Exhibit 1.
The Baker Act is the Florida Mental Health Act. This legislation is in regards to
involuntary commitment of individuals to mental health institutions for evaluation.
8
The Meeting with LATITUDEs Legal Counsels Investigator

55.
Late in the afternoon of February 5, 2012, SINGER was contacted by
Karen Moss, an investigator hired by DLA Piper, the law firm which represents
Defendant LATITUDE. Ms. Moss requested a meeting to investigate SINGERs sexual
harassment allegations against COHEN.
56.
On Monday morning, February 6, 2012, Wohler contacted SINGER and
screamed at her that she had to speak with Ms. Moss; but, when SINGER called back,
the receptionist told her that she was not allowed to speak with SINGER and SINGER
could hear Wohler in the background saying is that her; just put the fucking phone
down.
57.
On Tuesday, February 7, 2012, Ms. Moss contacted SINGER and
informed SINGER that she still wanted to meet with SINGER but that she was leaving
town the next day. Hence, SINGER met with Ms. Moss that evening at 10:30 p.m. for
approximately two (2) hours. Because SINGER did not trust LATITUDE, she wanted to
memorialize the meeting with Ms. Moss. Ms. Moss agreed to and allowed the entire
conversation to be tape-recorded and SINGER shared all the facts and circumstances
of COHENs sexual harassment, including the various texts from COHEN.
58.
On Wednesday, February 8, Ms. Moss called SINGER. Wohler, Gustin
and Greco were also present for the conference call. SINGER, again, requested to tape
record the conference call because she did not trust LATITUDE. Everyone present for
the conference call agreed to be tape-recorded. During the conversation, Ms. Moss
stated that COHEN had admitted all of SINGERs allegations and that COHENs keys
had been taken away from him and that he was not allowed presently to work onsite at
LATITUDE.
59.
Although Ms. Moss told SINGER that she could come back to work at
LATITUDE, SINGER knew that it would be extremely difficult, if not impossible, for her
to return to LATITUDE under the circumstances. SINGER learned that Ms. Moss and
LATITUDEs assurance that COHEN would be punished was not truthful. Not only is
COHEN still employed by LATITUDE, but, he has been promoted to Chairman of the
Board of Directors of the company. Thus, SINGER could not return to work where
COHEN would still have control over her employment and she would be in a
subordinate position to him subject once again to his demands. No reasonable person
would have returned to work under those circumstances and SINGER believed she
was, therefore, constructively discharged by LATITUDE.
Representation of Counsel & Conditions Precedent
60.
Plaintiff has retained the undersigned attorneys and has agreed to pay a
reasonable fee in return for their services.

61.
On or about February 16, 2012, Plaintiff timely filed a Charge of
Discrimination with the Equal Employment Opportunity Commission (EEOC) for sexual
harassment, sex discrimination and retaliation, which was dually filed with the Florida
Commission on Human Relations (FCHR). A true and correct copy of the
aforementioned Charge of Discrimination is attached hereto and marked as Exhibit
2. The EEOC issued a Notice of Right to Sue on March 8, 2012 on the grounds that it
would not be able to investigate the allegations in 180 days. A true and correct copy of
the aforementioned Notice of Right to Sue is attached hereto and marked as Exhibit
3.
10
62.
FCHR has deferred the investigation to the EEOC who has since issued
the Notice of Right to Sue.

63.
Plaintiff has complied with all conditions precedent prior to bringing this
action.
COUNT I - ASSAULT
(AGAINST COHEN)
64.
This is an action by Plaintiff CARLY SINGER against Defendant COHEN
for the common law assault of SINGER. This cause of action is pled in alternative to
and in conjunction with all other counts in this Complaint.
65.
Plaintiff reincorporates and re-alleges the allegations of paragraphs 1
through 63 as if fully set forth herein.

66.
On or about the middle of November 2011 through the beginning of
February 2012, Defendant COHEN, while on and within the premises of Defendant
LATITUDE, willfully verbally and physically threatened and assaulted SINGER.
Specifically, the physical assault resulted in the unwanted touching of SINGERs bottom
in a sexual and inappropriate manner, the unwanted pushing of COHENS penis against
SINGERS bottom; and the forcing of COHEN on SINGER to perform oral sex upon
him.
67.
Defendant COHEN acted with the intent to either: (a) cause a harmful or
offensive contact with SINGERs person; or (b) cause SINGER to have an imminent
apprehension of such a contact.
68.
Defendant COHENs actions caused SINGER to actually have a
reasonable apprehension of immediate harmful or offensive contact to her person.
11
69.
Defendant COHEN had the apparent ability to effectuate such harmful or
offensive contact.
70.
SINGER did not welcome, encourage or consent to this touching of
SINGERs bottom in a sexual and inappropriate manner, unwanted pushing of

COHENS penis against SINGERS bottom, and forcing of COHEN on SINGER to
perform oral sex upon him.
71.
Defendant COHENs actions have caused SINGER to sustain severe,
grievous and permanent injuries, mental pain and suffering, grief, anguish, the inability
to lead normal life, loss of earnings and/or impairment of earnings capacity, and other
damages; said injuries are either permanent or continuing in nature and SINGER will
suffer such losses in the future.
WHEREFORE, Plaintiff CARLY SINGER prays for judgment against Defendant
COHEN, reserves the right to assert punitive damages, and requests an award of
damages; prejudgment interest; costs; and any other relief the Court deems just,
equitable, and proper.
COUNT II - VICARIOUS LIABILITY FOR ASSAULT
(AGAINST LATITUDE)
72.
This is an action by Plaintiff CARLY SINGER against Defendant
LATITUDE for the common law assault of SINGER based on the theory of vicarious
liability. This cause of action is pled in alternative to and in conjunction with all other
counts in this Complaint.
73.
Plaintiff reincorporates and re-alleges the allegations of Paragraphs 1
12
74.
LATITUDE willfully verbally and physically threatened and assaulted SINGER.
Specifically, the physical assault resulted in the unwanted touching of SINGERs bottom
in a sexual and inappropriate manner, the unwanted pushing of COHENS penis against
SINGERS bottom, and the forcing of COHEN on SINGER to perform oral sex upon
him.
75.
76.
Defendant COHEN acted with the intent to either: (a) cause a harmful or
offensive contact with SINGERs person; or (b) cause SINGER to have an imminent
apprehension of such a contact.
77.
Defendant COHENs actions caused SINGER to have a reasonable
apprehension of immediate harmful or offensive contact to her person.

78.
Defendant COHEN had the apparent ability to effectuate such harmful or
offensive contact.
79.
SINGER did not welcome, encourage or consent to this touching of
SINGERs bottom in a sexual and inappropriate manner, unwanted pushing of

COHENS penis against SINGERS bottom, and forcing of COHEN on SINGER to
perform oral sex upon him.
13
80.
At all times material, Defendant COHEN was an employee of Defendant
LATITUDE with supervisory authority over SINGER.

81.
COHEN used his supervisory authority to assault, molest and/or batter
SINGER.
82.
COHENs wrongful acts occurred within the scope of or incident to his
employment with LATITUDE at LATITUDEs place of business during normal working

hours.
83.
LATITUDE is vicariously liable for the assault of SINGER by COHEN, as
COHEN was assisted in the molestation of SINGER, by virtue of the employeremployee relationship.
84.
LATITUDEs fault contributed to SINGERs injuries in a foreseeable
manner.
LATITUDE, reserves the right to assert punitive damages and requests an award of
COUNT III - BATTERY
(AGAINST COHEN)
85.
This is an action by Plaintiff CARLY SINGER for common law battery
against Defendant COHEN.
This cause of action is pled in alternative to and in
conjunction with all other counts in this Complaint.

86.
through 63 as though fully set forth herein.
14
87.
LATITUDE, sexually battered SINGER by kissing her, touching her bottom in a sexual
and inappropriate manner, pushing his penis against SINGERS bottom, and forcing
SINGER to perform oral sex upon him.
88.
Defendant COHEN made an affirmative act with the intent to cause a
harmful or offensive contact upon SINGERs person.

89.
Defendant COHEN actually caused a harmful or offensive contact upon
SINGERs person.
90.
Defendant COHEN touched SINGERs person in a way that would be
harmful or offensive to a reasonable person.

91.
Defendant COHEN touched SINGER in a sexually inappropriate manner
and in so doing abused his authority as a supervisor at LATITUDE.

92.
SINGER did not welcome, encourage or consent to COHEN kissing her or
his touching of SINGERs bottom in a sexual and inappropriate manner, his unwanted
pushing of his penis against SINGERS bottom, and his forcing SINGER to perform oral
sex upon him.
93.
15

COHEN, reserves the right to assert punitive damages and requests an award of
COUNT IV - VICARIOUS LIABILITY FOR BATTERY
(AGAINST LATITUDE)
94.
This is an action by Plaintiff CARLY SINGER for common law battery
against Defendant LATITUDE based on the theory of vicarious liability. This cause of
action is pled in alternative to and in conjunction with all other counts in this Complaint.
95.

96.
At all times material, Defendant COHEN was an employee of Defendant
LATITUDE with supervisory authority over SINGER.

97.
LATITUDE and acting as a supervisor, willfully and wrongfully battered SINGER by
touching her bottom in a sexual and inappropriate manner, pushing his penis against
SINGERS bottom; and forcing SINGER to perform oral sex upon him.
98.
COHENs battery of SINGER occurred within the hours, space limits and
scope of COHENs employment with LATITUDE.

99.
Defendant COHEN made an affirmative act with the intent to cause a
harmful or offensive contact upon SINGERs person.

100.
Defendant COHEN actually caused a harmful or offensive contact upon
SINGERs person.
16
101.
Defendant COHEN touched SINGERs person in a way that would be
harmful or offensive to a reasonable person.

102.
Defendant COHEN touched SINGER in a sexually inappropriate manner
and in so doing abused his authority as a supervisor at LATITUDE.

103.
SINGER did not welcome, encourage or consent to COHEN kissing her,
this touching of SINGERs bottom in a sexual and inappropriate manner, unwanted

pushing of COHENS penis against SINGERS bottom, and forcing of COHEN on
SINGER to perform oral sex upon him.
104.
COHEN used his supervisory authority to assault, molest and/or batter
SINGER.
105.
COHENs wrongful acts occurred within the scope of or incident to his
employment with LATITUDE at LATITUDEs place of business during normal working

hours.
106.
LATITUDE is vicariously liable for the battery of SINGER by COHEN, as
COHEN was assisted in the molestation of SINGER, by virtue of the employeremployee relationship.
107.
manner.
108.
17

COUNT V - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(AGAINST COHEN)
109.
This is an action by Plaintiff CARLY SINGER against Defendant COHEN
for common law intentional infliction of emotional distress against Defendant COHEN.
This cause of action is pled in alternative to and in conjunction with all other counts in
this Complaint.
110.

111.
Defendant COHENs conduct was intentional or reckless; that is, he
intended his behavior when he knew or should have known that emotional distress
would likely result.
112.
Defendant COHENs conduct was outrageous and went beyond all
bounds of decency.
113.
Defendant COHENs conduct caused SINGER to suffer emotional
distress.
114.
The emotional distress suffered by SINGER was severe.
115.
18
116.
COHENs fault contributed to SINGERs injuries in a foreseeable manner.

COHEN, reserves the right to assert punitive damages and requests an award of
COUNT VI - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 3
(AGAINST LATITUDE)
117.
This is an action by Plaintiff LATITUDE for common law intentional
infliction of emotional distress against Defendant LATITUDE. This cause of action is

pled in alternative to and in conjunction with all other counts in this Complaint.
118.

119.
Defendant LATITUDE intentionally or recklessly mistreated SINGER, and
told her not to work in retaliation for her protected activities.

120.
LATITUDEs conduct violated anti-discrimination statutes of the State of
Florida and the United States.

121.
LATITUDEs management intended the behavior alleged against SINGER
when LATITUDE knew or should have known that emotional distress to SINGER would
likely result.
This count is based on the actions of LATITUDE employees which occurred after
SINGER notified LATITIUDE of COHENs inappropriate actions on or about the middle
of November 2011 through the beginning of February 2012.
19
122.
Defendant LATITUDEs conduct was outrageous and went beyond all
bounds of decency.
123.
Defendant LATITUDEs conduct caused SINGER to suffer emotional
distress.
124.
The emotional distress suffered by SINGER was severe.
125.
manner.
126.
Defendant LATITUDEs actions have caused SINGER to sustain severe,
COUNT VII - VIOLATION OF THE FLORIDA PRIVATE WHISTLEBLOWERS ACT
(AGAINST LATITUDE)
127.
This is an action by Plaintiff CARLY SINGER for damages against
Defendant LATITUDE based upon violation of the Florida Private Whistleblower

Protection Act (WPA), Fla. Stat. 448.101-105.
This cause of action is pled in
alternative to and in conjunction with all other counts in this Complaint.

128.
Plaintiff reincorporates and re-alleges the allegations of paragraphs 1

20
129.
The WPA, pursuant to 448.102(3), prohibits an employer from taking a
retaliatory personnel action against an employee because the employee has objected
to, or refused to participate in, any activity, policy or practice of the employer, which is in
violation of any law, rule or regulation.
130.
The conduct of LATITUDEs management, including but not limited to the
conduct of COHEN, WOHLER, GUSTIN, and GRECO, violated various laws, including
but not limited to Title VII; the FCRA, 760.01-11, Fla. Stat.; 784.001, Fla. Stat.; and
784.03, Fla. Stat.
131.
At all material times, SINGER was an employee of Defendant LATITUDE
as defined under the WPA.

132.
At all material times, Defendant LATITUDE was SINGERs employer as
defined under the WPA.

133.
SINGER engaged in statutorily protected conduct within the meaning of
the WPA by objecting to activities of LATITUDE management that violated laws, rules or
regulations.
134.
The mistreatment of SINGER, including LATITUDE informing SINGER
she should not continue to work and constructively discharging her employment, was an
adverse employment action taken by Defendant LATITUDE against SINGER and
constitutes retaliatory personnel action under section 448.101(5) of the WPA.
135.
SINGERs statutorily protected conduct under the WPA was casually
connected to Defendant LATITUDEs decision.

136.
LATITUDEs actions in instructing SINGER not to return to work; in having
her involuntarily committed and constructively discharging her violated SINGER's rights
21
under 448.102(2), Fla. Stat.

137.
As a result of Defendant LATITUDEs violation of the WPA, SINGER has
been damaged.
138.
Plaintiff is entitled to recover her attorneys fees under Section 448.104,
Florida Statutes.
LATITUDE, reserves the right to assert punitive damages, and requests an award of
damages, including lost wages, lost benefits, compensatory damages, front pay;
prejudgment interest; costs; attorneys fees pursuant to 448.104, Fla. Stat.; and any
other relief the Court deems just, equitable and proper.
COUNT VIII - NEGLIGENT SUPERVISION AND TRAINING
(AGAINST LATITUDE)
139.
This is an action by Plaintiff CARLY SINGER for common law negligent
supervision and training against Defendant LATITUDE. This cause of action is pled in
140.

141.
At all times material hereto, SINGER, COHEN, WOHLER, GUSTIN, and
GRECO were employees of Defendant LATITUDE.

142.
SINGER was injured as a result of the wrongful, intentional and tortious
conduct of COHEN, WOHLER, GUSTIN, and GRECO.

143.
In light of employer-employee relationship, Defendant LATITUDE owed a
duty to SINGER to exercise reasonable care in supervising and training its employees.
22
144.
Specifically, Defendant LATITUDE had a duty to control, supervise and
train its employees in order to prevent its employees from intentionally harming others.
145.
Defendant LATITUDE knew or should have known it was necessary to
control, supervise and train its employees in order to prevent its employees from
intentionally harming others.
146.
Defendant LATITUDE had the ability and opportunity to control, supervise
and train its employees in order to prevent its employees from intentionally harming
others.
147.
Defendant LATITUDE negligently breached its duty to supervise and train
its employees by, inter alia:

a.
Failing to ensure that the workplace was free from tortious and
illegal conduct;
b.
Failing
to
exercise
proper
supervision
and
control
over
subordinates and in allowing them to neglect their duties;

c.
Failing to hire qualified supervisory employees; failing to adequately
train its employees on anti-sexual harassment policies;

d.
failing to investigate allegations of employee misconduct, including
but not limited to violations of company policies and codes of conduct; failing to enforce
company policies and codes of conduct;
e.
failing to take disciplinary or remedial action upon learning that its
employees had engaged in conduct that was tortious, in violation of laws, rules or
regulations, or in violation of company policies or codes of conduct; and/or
23
f.
Failing to take remedial action when it was evident that one or more
of its employees was unfit.

148.
Defendant LATITUDEs breach of its duty to train and supervise
employees was the proximate and actual cause of SINGERs injuries.

149.
SINGER was in the foreseeable zone of risk of LATITUDEs negligent
supervision and training of COHEN, WOHLER, GUSTIN, and GRECO.

150.
Defendant LATITUDEs negligence directly and proximately caused
SINGER to sustain severe, grievous and permanent injuries, mental pain and suffering,
grief, anguish, the inability to lead normal life, loss of earnings and/or impairment of
earnings capacity, and other damages; said injuries are either permanent or continuing
in nature and SINGER will suffer such losses in the future.
LATITUDE and requests an award of damages; prejudgment interest; costs; attorneys
fees pursuant to, inter alia, section 57.105, Fla. Stat.; and any other relief the Court
deems just, equitable, and proper.
COUNT IX - NEGLIGENT RETENTION
(AGAINST LATITUDE)
151.
retention against Defendant LATITUDE. This cause of action is pled in alternative to

and in conjunction with all other counts in this Complaint.
152.

153.
At all times material hereto, SINGER and COHEN were employees of
Defendant LATITUDE.
24
154.
SINGER was injured as a result of the wrongful, intentional and tortious
conduct of COHEN.
155.
In light of the employer-employee relationship, Defendant LATITUDE had
a duty to SINGER to exercise reasonable care in the retention of its employees.

156.
Specifically, Defendant LATITUDE had a duty to take action such as
discharge, investigate, discipline, or reassign employees that LATITUDE knew or

should have known were unfit.
157.
During the course of COHENs employment, Defendant LATITUDE
became aware, or should have become aware, of problems with COHEN that indicated
a lack of fitness to wit that he engaged in sex harassment and assault and battery of
another employee, namely SINGER.
158.
It was unreasonable for Defendant LATITUDE not to take corrective action
to remedy the unfitness of COHEN to continue his employment and to promote him
rather than punish him for his actions.
159.
Defendant LATITUDE breached its duty by, inter alia, failing to take
corrective action to remedy the unfitness of COHEN.

160.
Defendant LATITUDEs breach of duty was the direct and proximate
cause of injuries incurred by SINGER.

161.
SINGER was in the foreseeable zone of risk of LATITUDEs negligent
retention of COHEN.
162.
25
LATITUDE and requests an award of damages; prejudgment interest; costs; and any
other relief the Court deems just, equitable, and proper.
COUNT X - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
(AGAINST LATITUDE)
163.
infliction of emotional distress against Defendant LATITUDE. This cause of action is

pled in alternative to and in conjunction with all other counts in this Complaint.
164.

165.
At all pertinent times, Defendant LATITUDE owed to SINGER the duty of
reasonable care with respect to her status as an employee.

166.
LATITUDE negligently failed to take reasonable care in punishing COHEN
for sexually harassing, assaulting and battering SINGER.
Such action was done
negligently and in violation of common law, statutory and contractual obligations owed
to SINGER by Defendant LATITUDE.
167.
LATITUDEs negligence contributed to SINGERs injuries in a foreseeable
manner.
168.
26
COUNT XI - NEGLIGENT MISREPRESENTATION
(AGAINST LATITUDE)
169.
misrepresentation against Defendant LATITUDE.
This cause of action is pled in

170.

171.
On or about February 4, 2012 SINGER gave LATITUDE formal notice that
she had been subjected to sexual harassment, battery and assault by COHEN.
LATITUDE misrepresented to SINGER that her status with Defendant LATITUDE was
not in jeopardy as a result of her reporting the adverse behavior inflicted upon SINGER
by COHEN.
172.
During the course of SINGERs employment with Defendant LATITUDE,
LATITUDE misrepresented to SINGER, both expressly and impliedly, that she would
not be disciplined without just cause.
173.
During the course of SINGERs employment with Defendant LATITUDE,
LATITUDE misrepresented to SINGER (1) that LATITUDE wanted to meet with her to
discuss her incidents of sexual harassment, battery and assault by COHEN, and (2) that
COHENs keys have been taken away from him and he will work offsite.
27
174.
In making such representations of fact, and in suppressing and failing to
disclose facts material to SINGERs employment relationship, Defendant LATITUDE

negligently misled SINGER about her prospects for job security. Defendant LATITUDE
knew or should have known that SINGER would rely on Defendant LATITUDEs
representations and failure to disclose facts material to SINGERs employment
relationship with LATITUDE.
175.
SINGER did rely on LATITUDEs misrepresentations and failure to
disclose material facts to SINGERs detriment.

176.
GRECO informed SINGER that she should not come to work, without
providing SINGER any further information or instructions; SINGER made the

reasonable assumption that she was terminated from LATITUDE.
177.
As a direct, foreseeable, and proximate result of Defendant LATITUDEs
negligent misrepresentations, SINGER has suffered, and continues to suffer severe,

COUNT XII - SINGERS INVASION OF PRIVACY CLAIM
(AGAINST COHEN)
178.

28
179.
The actions of COHEN in sexually harassing SINGER, touching her and
verbally abusing her more particularly described in the above paragraphs constitute an
unwelcome invasion of Plaintiffs privacy, i.e., an invasion of her physical solitude, by
Defendant COHEN.
180.
As a direct, proximate, natural and foreseeable result of the actions of
Defendant COHEN, SINGER has suffered damages, including but not limited to pain
and suffering and emotional distress, which injuries are continuing and permanent.
181.
The actions of Defendant COHEN, were willful and wanton and in such
disregard of the rights of SINGER as to entitle her to exemplary damages to punish

Defendant COHEN for his actions and to deter them, and others, from such actions in
the future.
WHEREFORE, Plaintiff CARLY SINGER respectfully requests that this Court
enter Judgment awarding her the following:
A.
Enter a judgment for her and against Defendant COHEN.
B.
Award Plaintiff any and all damages available to her including, but
not limited to compensatory and exemplary damages;

C.
The costs of this action and a reasonable award of attorneys fees;
D.
Other relief as this Court may deem proper.

COUNT XIII - SINGERS SEXUAL HARASSMENT
CLAIM PURSUANT TO FLA. STAT. 760
(AGAINST LATITUDE)
182.

183.
The acts more particularly alleged in paragraphs 1 through 63, constitute
29
hostile-environment and quid pro quo sexual harassment as proscribed by the Florida
Civil Rights Act of 1992, 760.10, Fla. Stat.
184.
The adverse treatment to which SINGER was subjected was based upon
her being female.

185.
The conduct of Defendant LATITUDE deprived SINGER of her statutory
rights under 760.10, Fla. Stat., i.e., SINGER, by being subjected to the adverse
treatment more particularly alleged above, suffered discrimination with respect to the
terms, conditions, or privileges of employment, because of her sex.
186.
The conduct was unwelcome and pervasive, and because of it, SINGERs
work place became hostile.

187.
As a direct, natural, proximate and foreseeable result of the actions of
Defendant LATITUDE, Plaintiff SINGER has suffered past and future pecuniary losses,
emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and
other nonpecuniary losses.
188.
The actions of Defendant LATITUDE were so malicious and in such
reckless indifference to the state protected rights of SINGER as to entitle her to receive
an award of punitive damages to punish Defendant LATITUDE and to deter them, and
others, from such conduct in the future.
WHEREFORE, Plaintiff CARLY SINGER prays that this court will:
A.
Issue a declaratory judgment that Defendant LATITUDE practices
toward Plaintiff SINGER are violative of her rights under The Florida Civil Rights Act of
1992, 760.01, et seq., Fla. Stat.
B.
Enjoin Defendant LATITUDE, by and through its agents and
30
employees, from continuing or maintaining the policy, practice, or custom of denying,

abridging, withholding, or conditioning the rights of employees on the basis of their sex,
rights against which behavior are secured by the Florida Civil Rights Act of 1992,
760.01, et seq., Fla. Stat.
C.
Enter a judgment for Plaintiff SINGER and against Defendant
LATITUDE for damages, including compensatory and punitive damages.

D.
Grant SINGER her costs and a reasonable award of attorneys fees
pursuant to 760.11(b)(5), Fla. Stat.

COUNT XIV - SINGERS CHAPTER 760 RETALIATION CLAIM
(AGAINST LATITUDE)
189.

190.
The act of constructively discharging SINGER constitutes retaliation as
proscribed by The Florida Civil Rights Act of 1992, 760.10(7), Fla. Stat.
191.
her opposition to an employment practice made illegal by the Florida Civil Rights Act of
1992. Defendant LATITUDE did not engage in similar conduct toward employees who
did not oppose employment practices made illegal by the Florida Civil Rights Act of
1992.
192.
rights under 760.10, Fla. Stat., i.e., SINGER, by being subjected to the adverse
treatment more particularly alleged above, suffered discrimination with respect to the
terms, conditions, or privileges of employment, because of her opposition to an
employment practice made illegal by the FCRA.
31
193.
194.
A.
Issue a declaratory judgment that Defendant LATITUDEs practices
toward her are violative of her rights under The Florida Civil Rights Act of 1992,
760.10(7), et seq., Fla. Stat.
B.

abridging, withholding, or conditioning the rights of employees on the basis of their
opposition to an employment practice made illegal by the Florida Civil Rights Act of
1992, rights against which behavior are secured by The Florida Civil Rights Act of 1992,
760.01, et seq., Fla. Stat.
C.
Enter a judgment for SINGER and against Defendant LATITUDE
for damages, including for compensatory and punitive damages.

D.
pursuant to 760.11(b)(5), Fla. Stat.
32
COUNT XV - SINGERS SEXUAL HARASSMENT

CLAIM PURSUANT TO TITLE VII
(AGAINST LATITUDE)
195.

196.
The acts more particularly alleged in paragraphs 1 through 63, constitute
hostile-environment and quid pro quo sexual harassment as proscribed by Title VII.
197.
her being female.

198.
rights under Title VII, i.e., SINGER, by being subjected to the adverse treatment more
particularly alleged above, suffered discrimination with respect to the terms, conditions,
or privileges of employment, because of her sex.
199.
The conduct was unwelcome and pervasive, and because of it, SINGERs
work place became hostile.

200.
201.
33
A.
Issue a declaratory judgment that Defendant LATITUDE practices
toward Plaintiff SINGER are violative of her rights under Title VII.
B.

abridging, withholding, or conditioning the rights of employees on the basis of their sex,
rights against which behavior are secured by Title VII.
C.
Enter a judgment for Plaintiff SINGER and against Defendant
LATITUDE for damages, including compensatory and punitive damages

D.
pursuant to Title VII.

COUNT XVI - SINGERS TITLE VII RETALIATION CLAIM
(AGAINST LATITUDE)
202.

203.
The act of constructively discharging SINGER constitutes retaliation as
proscribed by Title VII.

204.
her opposition to an employment practice made illegal by Title VII.
Defendant
LATITUDE did not engage in similar conduct toward employees who did not oppose
employment practices made illegal by Title VII.
205.
rights under Title VII, i.e., SINGER, by being subjected to the adverse treatment more
particularly alleged above, suffered discrimination with respect to the terms, conditions,
or privileges of employment, because of her opposition to an employment practice
34
made illegal by Title VII.

206.
207.
A.
Issue a declaratory judgment that Defendant LATITUDEs practices
toward her are violative of her rights under Title VII.

B.

abridging, withholding, or conditioning the rights of employees on the basis of their
opposition to an employment practice made illegal by Title VII as such rights against
which behavior are secured by Title VII.
C.
Enter a judgment for SINGER and against Defendant LATITUDE
for damages, including for compensatory and punitive damages.

D.
pursuant to Title VII.
35
DEMAND FOR JURY TRIAL

Plaintiff CARLY SINGER demands trial by jury for all issues so triable by right of
jury under state law.
Respectfully submitted,
DEUTSCH ROTBART & ASSOCIATES, P.A.
Counsel for Plaintiff
4755 Technology Way
Suite 106
Boca Raton, Florida 33431
Telephone: 561.361.8010
Facsimile: 561.361.8086
Email: edrotbart@dralawfirm.com
BY:
36
_______
Erika Deutsch Rotbart, Esq.
Florida Bar No.: 0047686

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Case 9:12-cv-80304-DMM Document 1 Entered on FLSD Docket 03/16/2012 Page 1 of 36

UNITED STATES DISTRICT COURT

This is an action for assault, battery, intentional infliction of emotional

distress, negligent infliction of emotional distress, negligent hiring, negligent retention,

1337 and 42 U.S.C. 2000e-5(f).

Case 9:12-cv-80304-DMM Document 1 Entered on FLSD Docket 03/16/2012 Page 2 of 36

Venue is proper in this Court under 28 U.S.C. 1331(b) because a

Beach County, Florida.

At all times material hereto, Defendant COHEN was and is a resident of

Palm Beach County, Florida, and is sui juris.

At all times material hereto, Defendant LATITUDE was and is a corporation

At all times material hereto, Defendant LATITUDE employed at least 15

At all times material hereto, SINGER was an employee of Defendant

Case 9:12-cv-80304-DMM Document 1 Entered on FLSD Docket 03/16/2012 Page 3 of 36

At all times material hereto, Defendant LATITUDE was Plaintiff SINGERs

At all times material hereto, Defendant COHEN was and is an employee of

At all times material hereto, Defendant LATITUDE was and is Defendant

In the course of her employment with LATITUDE, SINGER was subjected

The sexual harassment endured by SINGER was based on her female

The unwelcome sexual harassment and sexual advances that SINGER

SINGER worked for LATITUDE as an Executive Assistant to Chief

SINGER is a single woman in sole support of herself, is a cancer survivor

Case 9:12-cv-80304-DMM Document 1 Entered on FLSD Docket 03/16/2012 Page 4 of 36

and in need of continuity of employment to maintain her group medical benefits.

On or about the middle of November, 2011, Defendant, COHEN, came into

After pronouncing the companys financial issues, COHEN then grabbed

SINGER inappropriate texts during and after hours.

Said texts included distasteful

At the end of November 2011, after almost everyone in at LATITUDE had

COHEN came up behind SINGER and locked the door.

SINGER froze in complete fear of what would happen next.

then reached for his penis.

and pushed her head down onto his penis.

Case 9:12-cv-80304-DMM Document 1 Entered on FLSD Docket 03/16/2012 Page 5 of 36

COHEN also continued his unwanted and inappropriate texts and

repeatedly bragged to SINGER about his extra marital affairs.

SINGER perceived COHENs conduct as sexual harassment, and this

SINGER did not encourage nor welcome the harassment described in

SINGER was not aware of any sexual harassment policy of LATITUDE;

In or about the beginning of February 2012, SINGER learned that her

Case 9:12-cv-80304-DMM Document 1 Entered on FLSD Docket 03/16/2012 Page 6 of 36

direct supervisor CEO, Mr. Kaye would be terminated.

Several employees were

terminated from LATITUDE, including SINGERs boss, Mr. Kaye.

COHEN informed SINGER that Human Resources Director Nancy Greco

In or about February 4, 2012, SINGER approached COHEN about

receiving subsidized pay from him as he promised to pay.

promised and, thereafter, he began threatening to terminate her job.

Case 9:12-cv-80304-DMM Document 1 Entered on FLSD Docket 03/16/2012 Page 7 of 36

reneging on those promises, SINGER could no longer keep COHENs sexual

On February 4, 2012, SINGER called the new CEO Jeffrey Wohler

Wohler asked SINGER to attend a barbeque to meet with another Board

Member, Michael Gustin, to discuss everything that had happened to SINGER.

COHENs conduct to Wohler.

Defendant LATITUDE failed and refused to take appropriate action

Case 9:12-cv-80304-DMM Document 1 Entered on FLSD Docket 03/16/2012 Page 8 of 36

The Police Reports

SINGER was released just before noon on Sunday, February 5, 2012,

after passing a full mental examination and drug testing.