Frequently Asked Questions
- Am I being sued?
- What is this lawsuit about?
- How do I know if I am part of the settlement?
- What can I get from the settlement?
- Can I be retaliated against if I submit a claim?
- Do I have a lawyer in this settlement?
- How do I get more information?
- When and where will the Court decide whether to approve the settlement?
- Do I have to come to the hearing?
- Can I speak at the hearing?
- How can I file a claim?
- How do I get out of the settlement?
- How do I tell the Court if I don’t like the settlement?
- What’s the difference between objecting and excluding?
- What happens if I do nothing?
- I cannot log in to file a claim. What is my Claim ID and/or PIN code?
- Am I being sued?
No.
Top - What is this lawsuit about?
The Plaintiffs contend that exotic dancers performing for customers at the adult clubs in California affiliated with the Spearmint Rhino entity including Spearmint Rhino, Blue Zebra, Dames N Games and California Girls (“Clubs” or “Spearmint Rhino- affiliated Clubs”) should have been treated as employees of the clubs, rather than as “LLC Members” or “independent contractors” and as a result were entitled to but did not receive full payment of wages and receive benefits due under California and Federal law. Defendants in the Action dispute and deny any and all claims asserted in the Action. Defendants deny that they engaged in any wrongdoing, and deny that they are liable to the Class Members in any way.
The United States District Court for the Central District of California has not ruled on the merits of Plaintiffs’ claims.
On January 22, 2020, the Court granted preliminary approval of the proposed Settlement of this Action. The following Settlement Class has been certified: All individuals who performed as entertainers and in conjunction therewith have provided nude, semi-nude, and/or bikini entertainment for customers from October 30, 2017 through the date of entry of the Preliminary Approval Order as “LLC Members” or “independent contractors” during any portion of the foregoing time period at the Clubs.
The Class also includes those individuals who opted out and excluded themselves from a previous lawsuit against the clubs known as Byrne v. Santa Barbara Hospitality, Inc., et al., Case No. 5:17-CV-00527 JGB (KKx).
Top - How do I know if I am part of the settlement?
If you performed as an “LLC Member” or “independent contractor” at any Spearmint Rhino-affiliated club in California from October 30, 2017 to January 22, 2020, or if you worked for a Spearmint Rhino-affiliated club in California and excluded yourself from a previous settlement known as “Byrne,” your rights are affected by this Settlement. You must timely complete, sign and return the enclosed Claim Form and IRS W-9 Form to Kurtzman Carson Consultants, LLC (KCC, LLC), the Settlement Administrator, on or before January 22, 2020 if you wish to receive a portion of the Settlement funds in this case.
Top - What can I get from the settlement?
The Settlement provides for a Gross Cash Settlement Amount of $3,650,000.
Of the Gross Cash Settlement Amount, the Settlement proposes to pay $912,500, or 25% of the fund, to the attorneys for their work on the case. The attorneys will also request an additional amount of actual out-of-pocket litigation expenses. The Settlement also proposes to pay a total of $10,000 in “service payments” to the four named originating Plaintiffs who brought this Action, composed of four payments in the amount of $2,500. The Settlement also proposes to pay $100,000 for settlement of claims under the California Private Attorneys General Act ("PAGA"), 75% of which will be paid to the State of California.
Assuming the Court approves the final PAGA payment, service payments, and attorneys' fees and costs, the remaining funds in the Gross Cash Settlement Amount will be paid to Class Members who submit a valid Claim Form to participate in this Settlement, based on the number of days that they worked during the Class Period of October 30, 2017 to January 22, 2020 (in proportion to the days worked by all claiming Class Members). None of those funds will go back to Defendants and all remaining funds shall be distributed to the Class Members who submit valid Claim Forms.
The Settlement will be paid out to Class Members in four payments. The Parties estimate that the first payment will be in 2020, and the additional payments will be in 2021, 2022, and 2023.
Top - Can I be retaliated against if I submit a claim?
No.
Top - Do I have a lawyer in this settlement?
Yes,
Class Counsel are:
Shannon Liss-Riordan of Lichten & Liss-Riordan, P.C.
729 Boylston Street, Suite 2000 Boston, MA 02116
www.llrlaw.com (617) 994-5800 claims@llrlaw.com
Top - How do I get more information?
For more information, you may:
(a) Examine the full Settlement Agreement, the Notice and the Claim Form maintained online at www.CAExoticDancerFLSAsettlement.com;
(b) Contact the Settlement Administrator at 1-888-796-2489 or info@CAExoticDancerFLSAsettlement.com;
(c) Contact the lawyers representing the class at:
Shannon Liss-Riordan or Matthew Thomson of Lichten & Liss-Riordan, P.C.
729 Boylston Street, Suite 2000 Boston, MA 02116
www.llrlaw.com (617) 994-5800 claims@llrlaw.com
(d) Inspect the Court files at the United States District Court, Central District of California, located at 3470 Twelfth Street, Room 134, Riverside, CA 92501-3000, from 10:00 a.m. to 4:00 p.m. Monday through Friday, or log on to PACER at https://ecf.cacd.uscourts.gov/cgi-bin/login.pl using the case name and number listed on page 1 of this Notice to examine the pleadings in this action for minimal cost.
Top - When and where will the Court decide whether to approve the settlement?
The Final Hearing on the fairness and adequacy of the proposed Settlement, the plan of distribution, the service awards to the named class representatives, and Class Counsel’s request for attorneys’ fees and costs will be held on June 15, 2020 at 9:00 a.m., in Courtroom 1 of the United States District Court, Central District of California, located at 3470 Twelfth Street, Riverside, CA 92501-3000.
Top - Do I have to come to the hearing?
You are not required to attend the Final Approval Hearing, although any Settlement Class Member is welcome to attend the hearing.
Top - Can I speak at the hearing?
The purpose of this hearing is for the Court to determine whether to grant final approval to the Settlement. If there are objections, the Court will consider them. The Court will listen to people who have made a timely written request to speak at the hearing. This hearing may be rescheduled by the Court without further notice to you.
Top - How can I file a claim?
If you want to claim your share of the Settlement, you may
a) Submit your claim and W-9 electronically at www.CAExoticDancerFLSAsettlement.com, or
b) complete and mail the Claim Form and W-9 form to the Settlement Administrator at:
Adriana Ortega v. The Spearmint Rhino Companies Worldwide, Inc., et al.
Settlement Administrator
P.O. Box 43502
Providence, RI 02940-3502
c) email your Claim Form and W-9 form to info@CAExoticDancerFLSAsettlement.com
YOUR CLAIM MUST BE POSTMARKED ON OR BEFORE JUNE 3, 2020. If a Claim Form and W-9 is not received by June 3, 2020 it will be accepted as long as it bears a postmark bearing that date.
Top - How do I get out of the settlement?
If you do not wish to participate in the Settlement, you may exclude yourself by submitting a request for exclusion. If you wish to exclude yourself or “opt out,” you must mail to the Settlement Administrator a signed request for exclusion from the Settlement Classes, postmarked no later than June 3, 2020. In order to be valid, the request to opt out must clearly reference the Ortega matter, state unequivocally that the individual wishes to “opt out” or exclude himself or herself from the Settlement, and be signed by the Class Member.
If you submit a complete and timely request for exclusion, you shall no longer be a Member of the Settlement Classes, shall be barred from participating in any portion of the Settlement, and shall receive no benefits from the Settlement. You will retain whatever rights or claims you may have, if any, against Defendants or related persons or entities, and you will be free to pursue them on an individual basis, if you choose to do so.
The address for mailing an “opt-out” is:
Adriana Ortega v. The Spearmint Rhino Companies Worldwide, Inc., et al.
Settlement Administrator
P.O. Box 43502
Providence, RI 02940-3502
Top - How do I tell the Court if I don’t like the settlement?
If you believe the Settlement is unfair or inadequate in any respect, you may object to the Settlement by filing a written objection with the United States District Court for the Central District of California and mailing a copy of your objection to Class Counsel at the address listed below. Any objections must be filed and received on or before June 3, 2020.
If the Court approves the Settlement over your objection, you will be bound by a release of all wage-related claims that were asserted or could have been asserted in this lawsuit; however, you will receive payment under the Settlement only if you have also submitted a valid Claim Form and IRS Form W-9.
The address for mailing an “objection” is:
Shannon Liss-Riordan
Matthew Thomson
Lichten & Liss-Riordan, P.C.
729 Boylston Street
Boston, MA 02116
Top - What’s the difference between objecting and excluding?
Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement (“opting-out”) is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no entitlement to object because the case no longer affects you.
Top - What happens if I do nothing?
If you do not submit the Claim Form and W-9 Form, or if you do not exclude yourself from the Settlement, you will not receive any funds from the Settlement, but you will still be bound by all the terms of the Settlement, including the release described above.
Top - I cannot log in to file a claim. What is my Claim ID and/or PIN code?
Your Claim ID and PIN code were included in the written notice sent to you via regular mail and email. If you need to obtain your Claim ID or PIN code, please call 1-888-796-2489 to speak to an operator.
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