To close out the section of this brief concerning trafficking, Signal presents a “no evidence” argument; Signal now “point[s] out” to this Court “that there is an absence of evidence same occurrence in which the claimant is the victim. (2) In this subsection, a ‘criminal action’ includes investigation and prosecution and is pending until final adjudication in the trial court.” Id. 53 See 18 U.S.C. § 1595 (Lexis 2014) (“§ 1595. Civil remedy (a) An individual who is a victim of a violation of this chapter [18 USCS §§ 1581 et seq.] may bring a civil action against the perpetrator (or whoever knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter [18 USCS §§ 1581 et seq.]) in an appropriate district court of the United States and may recover damages and reasonable attorneys fees. (b) (1) Any civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim.

2010) ................................................................................. 16 U.S. v. Veerapol 312 F.3d 1128 (9th Cir. 2002) .............................................................................. 11 Velez v. Sanchez 754 F.Supp.2d 488 (E.D.N.Y 2010) ............................................................... 19, 23 In re Wilshire Courtyard 729 F3d 1279 (9th Cir. 2013) ................................................................................. 4 Statutes 8 U.S.C. § 1101 ............................................................................................................ 7 8 U.S.C. § 1101(a) ....................................................................................................... 8 16 U.S.C. § 5502(7) ..................................................................................................... 8 18 U.S.C. § 1581 ............................................................................................... 6, 7, 14, 18 U.S.C. § 1581(a) ............................................................................................. 11, 17 18 U.S.C. § 1583 .......................................................................................................... 6 18 U.S.C. § 1584 .......................................................................................... 6, 7, 14, 15 Case 2:16-cv-04271-JFW-AS Document 40 Filed 08/10/16 Page 6 of 36 Page ID #:222 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 iv Case No. 2:16-cv-04271 SMRH:478648196.3 NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT 18 U.S.C. § 1584(a) ................................................................................................... 11 18 U.S.C. § 1589 .............................................................................. 6, 7, 12, 13, 14, 15 18 U.S.C. § 1590 .......................................................................................... 6, 7, 14, 15 18 U.S.C. § 1591 .......

| MOTION TO DISMISS COMES NOW, Defendant Richard Wayne Schair, hereinafter “Defendant”, by and through undersigned counsel, and pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, files this, his MOTION TO DISMISS. In support of said Motion, Defendant shows this Court the following: FACTUAL BACKGROUND On June 14, 2011, Plaintiffs initiated this action seeking damages for alleged violations of the William Wilberforce Trafficking Victims Protection Reauthorization Act, 18 U.S.C. §§ 1581-1597 (“TVPRA”), which is an amendment to the Victims of Trafficking and Violence Protection Act, 18 U.S.C. §§ 1581-1594 (2000) (“TVPA”). In their complaint (“Complaint”), Plaintiffs allege that Defendant and his co-defendant company, Wet-A-Line 2 L. DAVID WOLFE , P.C. • 101 MA R I E T T A S T . N.W. S U I T E 3325 • A T L A N T A , G E O R G I A 30303 T E L E P H O N E 404.

Section 1584 prohibits involuntary servitude and § 1590 prohibits “trafficking with respect to peonage, slavery, involuntary servitude, or forced labor.” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- MEMORANDUM IN OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS DM_US:22990350_1 Defendants appear unaware that 18 U.S.C. § 1595(a) explicitly provides private causes of action for violations of 18 U.S.C. §§ 1584 and 1590: An individual who is a victim of a violation of this chapter [18 USCS §§ 1581 et seq.] may bring a civil action against the perpetrator (or whoever knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter [18 USCS §§ 1581 et seq.]) in an appropriate district court of the United States and may recover damages and reasonable attorneys fees. 18 U.S.C. § 1595(a).

See Headley v. Church of Scientology Int’l, 687 F.3d 1173, 1180 (9th Cir. 2012) (rejecting forced labor claims where the alleged victims were able to leave at any time); Alvarado v. Universidad Carlos Albizu (Carlos Albizu Univ.), Inc., No. 10-22072-CIV, 2010 U.S. Dist. LEXIS 87662, at **5-10 (S.D. Fla. Aug. 25, 2010) (granting motion to dismiss, acknowledging that to accept plaintiff’s logic would mean 9 Turner involved the then-existing criminal statutes prohibiting peonage and involuntary servitude (18 U.S.C. §§ 1581 and 1583) which are substantively the same as today. The TVPA and TVPRA made limited changes to the peonage statute, increasing permissible jail time in 2000 and granting a private civil remedy in December 2008.

Her employment conditions over the next 10 months varied greatly from those promised in the negotiations and written contract. In her Second Amended Complaint, Ms. Sakala alleges claims under the Trafficking Victims Protection Reauthorization Act, 18 U.S.C. §§ 1581 et seq. (the "TVPRA"), the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. (the "FLSA"), the Maryland Wage and Hour Law 1363980.6 05/01/2017 Case 8:16-cv-00790-PWG Document 49-1 Filed 05/01/17 Page 1 of 17 ("MWHL"), the Maryland Wage Payment and Collection Law ("MWPCL"), and Maryland common law. The Milungas answered Ms. Sakala's Second Amended Complaint and simultaneously filed Counterclaims alleging civil conspiracy, fraud and misrepresentation, libel and slander (defamation), intentional infliction of emotional distress, assault and battery, and invasion of privacy.

Defendant brought Plaintiffs into the United States as guestworkers under the H-2B program to work at its facilities in Orange, Texas and Pascagoula, Mississippi. Plaintiffs sued Signal and the other co-Defendants for violations of the Trafficking Victims Protection Act (“TVPA” (18 U.S.C. § 1581, et seq.), the Racketeer Influenced and Corrupt 1 As used herein, “Signal” refers collectively to Signal International, L.L.C., Signal International, Inc., Signal International, G.P., and Signal International Texas L.P. 1 Organizations Act (“RICO”) (18 U.S.C. § 1961, et seq.), civil rights violations (42 U.S.C. §§ 1981 and 1985), fraud, negligent misrepresentation and breach of contract. Signal has now sought partial summary judgment as to “certain claims with respect to trial plaintiffs Abdullah Keepurath Maideen and Francis Sequira.”

The complaint alleges violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., Article X § 24 of the Florida Constitution, as implemented by the Florida Minimum Wage Act, Fla. Stat. § 448.110, the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. Case 3:12-cv-00449-WJC-TEM Document 42 Filed 02/14/13 Page 1 of 7 PageID 210 -2- § 1801 et seq., and the Trafficking Victims Protection Reauthorization Act, 18 U.S.C. § 1581. The Court already has under consideration a proposed settlement between plaintiffs and Bulls-Hit.

Plaintiffs brought this action to recover back wages and damages from defendants’ alleged violations of the minimum wage provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-219, Article X § 24 of the Florida Constitution, as implemented by the Florida Minimum Wage Act, Fla. Stat. § 448.110, the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. §§ 1801-1872, and the Trafficking Victims Protection Reauthorization Act, 18 U.S.C. §§ 1581-1596. Plaintiffs have entered into a settlement agreement with Lee and Bulls-Hit and the parties have jointly filed a motion seeking this Court’s approval of the settlement pursuant to Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982).

nship papers), section 1427 [18 USCS § 1427] (relating to the sale of naturalization or citizenship papers), sections 1461-1465 [18 USCS §§ 1461 through 1465] (relating to obscene matter), section 1503 [18 USCS § 1503] (relating to obstruction of justice), section 1510 [18 USCS § 1510] (relating to obstruction of criminal investigations), section 1511 [18 USCS § 1511] (relating to the obstruction of State or local law enforcement), section 1512 [18 USCS § 1512] (relating to tampering with a witness, victim, or an informant), section 1513 [18 USCS § 1513] (relating to retaliating against a witness, victim, or an informant), section 1542 [18 USCS § 1542] (relating to false statement in application and use of passport), section 1543 [18 USCS § 1543] (relating to forgery or false use of passport), section 1544 [18 USCS § 1544] (relating to misuse of passport), section 1546 [18 USCS § 1546] (relating to fraud and misuse of visas, permits, and other documents), sections 1581-1592 [18 USCS §§ 1581-1592] (relating to peonage, slavery, and trafficking in persons)[.], section 1951 [18 USCS § 1951] (relating to interference with commerce, robbery, or extortion), section 1952 [18 USCS § 1952] (relating to racketeering), section 1953 [18 USCS § 1953] (relating to interstate transportation of wagering paraphernalia), section 1954 [18 USCS § 1954] (relating to unlawful welfare fund payments), section 1955 [18 USCS § 1955] (relating to the prohibition of illegal gambling businesses), section 1956 [18 USCS § 1956] (relating to the laundering of monetary instruments), section 1957 [18 USCS § 1957] (relating to engaging in monetary Case 8:11-cv-00906-JFM Document 29 Filed 12/07/11 Page 12 of 18 13 Defendants made these misrepresentations for the purpose of obtaining unearned fees from each Plaintiff and each member of the class and for the purpose of obtaining commissions based on fraudulently conducted foreclosure sales, which such illegitimate commissions were passed on to