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

District Court, D. Maryland·Decided October 15, 2025·No. 8:20-cv-00070·Unknown

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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

Kim Nolet, et al. v. APS Solutions, Inc., et al. (Kim Nolet, et al. v. APS Solutions, Inc., et al.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related