Kim Nolet, et al. v. APS Solutions, Inc., et al.

CourtDistrict Court, D. Maryland
DecidedOctober 15, 2025
Docket8:20-cv-00070
StatusUnknown

This text of Kim Nolet, et al. v. APS Solutions, Inc., et al. (Kim Nolet, et al. v. APS Solutions, Inc., et al.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kim Nolet, et al. v. APS Solutions, Inc., et al., (D. Md. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

) KIM NOLET, et al., ) ) Plaintiffs, ) ) Civil Action No. 20-cv-00070-LKG v. ) ) Dated: October 15, 2025 APS SOLUTIONS, INC., et al., ) ) Defendants. ) )

MEMORANDUM OPINION I. INTRODUCTION The Plaintiffs in this civil action brought claims for violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201 et seq., the Maryland Wage and Hour Law (“MWHL”), Md. Code Ann., Lab. & Empl. §§ 3-401 et seq. and the Maryland Wage and Payment Collection Act (“MWPCA”), Md. Code Ann., Lab. & Emp. §§ 3-501 et seq., against the Defendants, APS Solutions, Inc. (“APS”), Vincent Caccamo and Stephanie Boldis-Caccamo, arising from their employment with APS. ECF No. 1. On September 30, 2021, the Court entered a default judgment (the “Default Judgment”) against the Defendants for these claims. ECF Nos. 15 and 16. The Defendants have filed motions to reopen the case and to dismiss and to vacate the Default Judgment, pursuant to Fed. R. Civ. P. 60(b) and 12(b)(2). ECF Nos. 43, 44 and 44-1. The motions are fully briefed. ECF Nos. 43, 44, 44-1, 45, 48 and 51. No hearing is necessary to resolve the motions. L.R. 105.6 (D. Md. 2025). For the reasons that follow, the Court: (1) GRANTS the Defendants’ motion to reopen the case (ECF No. 43) and (2) DENIES the Defendants’ motion to dismiss and to vacate default judgment (ECF No. 44). II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY1 A. Factual Background The Plaintiffs in this civil action brought claims for violations of the FLSA, MWHL and MWPCA against the Defendants, arising from their employment with APS. ECF No. 1. In the complaint, the Plaintiffs allege that the Defendants withheld certain wages owed for work that they performed during their employment at APS. ECF No. 1; ECF No. 13-2; at ¶ 10; ECF No. 13-3 at ¶ 10; ECF No. 13-4 at ¶ 11; ECF No. 13-5 at ¶ 11. The Defendants failed to answer, or otherwise respond to the complaint, following proper service of the complaint and summons. And so, on November 3, 2020, the Plaintiffs filed a motion for default judgment, which the Court granted on September 30, 2021. ECF Nos. 13-1, 15 and 16. On September 30, 2021, the Court entered a Default Judgment against the Defendants in the amount of $380,109.89, plus attorney’s fees and costs. ECF Nos. 15 and 16. On March 20, 2025, the Defendants filed a motion to reopen the case and a motion to dismiss and to vacate the Default Judgment, upon the grounds that the Court lacks personal jurisdiction over the Defendants. ECF Nos. 43 and 44. The Parties Plaintiff Kim Nolet is a resident of Anne Arundel County, Maryland and she was a non- exempt employee of APS from approximately August 20, 2018, to March 9, 2019. ECF No. 1 at ¶ 6. Plaintiff Deborah Fox is a resident of Prince George’s County, Maryland and she was a non-exempt employee of APS from approximately May 25, 2018, to March 8, 2019. Id. at ¶ 7. Plaintiff Yvette Hill is a resident of Prince George’s County, Maryland and she was a non-exempt employee of APS from approximately May 7, 2018, to June 12, 2019. Id. at ¶ 8.

1 The facts recited in this memorandum opinion are taken complaint; the Court’s memorandum opinion, dated September 30, 2021, entering default judgment against the Defendants; the Defendants’ motion to dismiss and to vacate default judgment and memorandum in support thereof; the Plaintiffs’ response in opposition thereto; the Defendants’ reply briefs; and the Plaintiffs’ sur-reply. ECF Nos. 1, 15, 43, 44, 44- 1, 45, 48 and 51. Plaintiff Gervon Fox is a resident of Prince George’s County, Maryland and he was a non-exempt employee of APS from approximately September 28, 2018, to March 8, 2019. Id. at ¶ 9. Defendant APS is a New York corporation that performs large-scale construction projects involving stadiums, amusement parks, sports venues and other venues in various locations throughout the United States. Id. at ¶¶ 10 and 13; ECF No. 13-2 at ¶ 2. Defendant Vincent Caccamo is a resident of Connecticut and he is the founder and chief operating officer of APS. ECF No. 44-1 at 2; ECF No. 1 at ¶ 11. Defendant Stephanie Boldis-Caccamo is a resident of Connecticut and she is the chief executive officer and co-owner of APS. ECF No. 44-1 at 2; ECF No. 1 at ¶ 12. The Defendants’ Alleged Contacts With Maryland The Plaintiffs maintain in this case that the Defendants transacted business and performed work in the State of Maryland and that these contacts with the State are sufficient to give rise to personal jurisdiction for several reasons. See ECF No. 1; ECF No. 45. First, the Plaintiffs maintain that Defendant APS hired them as employees to work in Maryland and to perform various administrative, financial and other services. ECF Nos. 45-1, 45-2, 45-3, 45-4, 45-8 and 48-9. In this regard, Plaintiff Hill states in her sworn Declaration that Defendant APS paid her and the other Plaintiffs as “W-2 employees” and withheld certain taxes that were paid to the State of Maryland. ECF No. 45-8 at ¶¶8-9. To support this claim, the Plaintiffs provide a copy of Plaintiff Hill’s 2018 W-2 form from APS. See ECF No. 45-14. The Plaintiffs also provide copies of certain mail matter that they represent was received at APS’s office in Beltsville, Maryland and that contains IRS notices, Maryland DLLR and other correspondence addressed to the Defendants. See ECF No. 45-15. Second, the Plaintiffs maintain that the Defendants established and used an office of APS located in Beltsville, Maryland (the “Beltsville Office”). In this regard, Plaintiff Hill states in her sworn Declaration that she worked for the Defendants from May 7, 2019, to June 12, 2019, and that she was the chief financial officer for the company. ECF No. 45-8 at ¶¶ 3-4. Plaintiff Hill also states that the Defendants “tasked [her] with establishing and opening the office at 4600 Powder Mill Road, Beltsville Maryland 20705. . . .” Id. at ¶ 6. In addition, Plaintiff Hill states that she had “rented office space for [her] private business, Verde Gold Holdings, International,” at this location, but “[a]fter [she] began working for APS, the office space that [she] rented became the Maryland office of APS.” ECF No. 45-3 at ¶ 22. Plaintiff Hill also states that the Beltsville Office “was an APS office, [that] was held out to third parties as an APS office and used by [herself] and [the] Co-Plaintiffs as an office from which [they] did APS work.” ECF No. 45-8 at ¶ 6. To support this claim, the Plaintiffs provide a copy of the third-party rent collection vendor statement from the company Cozy, which they maintain shows that the “rent paid [by Defendant APS] to Perfect Office Solutions for the Beltsville Office.” Id. at ¶ 12; ECF No. 45-16 at 3. Third, the Plaintiffs allege that the Defendants hired and used a Maryland-based insurance broker to help facilitate the insurance and bonding for large construction jobs, and to purchase group health benefits for APS employees. ECF No. 45 at 7 and 10. To support this claim, the Plaintiffs provide a certificate of liability insurance and an insurance summary by United Health Care showing Defendant APS as the insured, and listing Defendant APS as having a Beltsville, Maryland address. ECF No. 45-11 at 5. Fourth, the Plaintiffs contend that the Defendants conducted their construction business in Maryland. ECF No. 51 at 4-6. In this regard, Plaintiff Hill states in her sworn Declaration the Defendants “did engage in a business deal with the Washington Redskins related to flooring at Fed Ex Stadium in Hyattsville/ Largo, Maryland.” ECF No. 51-1 at 12, ¶ 8. To support this claim, the Plaintiffs have produced a copy of check from APS and signed by Vincent Caccamo in the amount of $150,000, made payable to the Washington Redskins.

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Kim Nolet, et al. v. APS Solutions, Inc., et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/kim-nolet-et-al-v-aps-solutions-inc-et-al-mdd-2025.