Frequently Asked Questions
- Am I being sued?
- What is this lawsuit about?
- Who are the defendants?
- 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?
- What is the status of the case?
- How can I file a claim?
- My name has changed. Can I update my name on the claim?
- What happens if I do nothing?
- Am I being sued?
No.
Top - What is this lawsuit about?
The plaintiffs who brought this lawsuit claimed that entertainers at Spearmint Rhino-affiliated clubs were misclassified as “LLC Members” of the Clubs, and that they were actually employees entitled to protections under the wage laws. The clubs denied these claims and contended that pursuant to a prior court order the clubs were permitted to give all entertainers a choice between being an LLC member and being an employee and at all times paid their employees fairly and according to the law.
The Court overseeing this lawsuit approved a class action settlement on December 14, 2018. You should have previously received notice of this settlement in 2018, first by mail, then again by email. However, our records indicate that you did not opt out of the settlement or claim your share of the settlement funds prior to the original deadline. Because you failed to exclude yourself from the Settlement Class in response to the prior notice, and because the Court already approved this settlement, you have already been deemed to have waived your state law wage claims related to your alleged misclassification as an LLC member. This additional notice provides you with a third opportunity to obtain payment for your release of claims.
If you submit the enclosed Claim Form by April 4, 2020, you will receive a cash share from the Settlement Fund, based on the number of days that you performed at a Spearmint Rhino-affiliated club.
All Class Members who submit Claim Forms shall also be deemed to have opted in to the FLSA Settlement Class and shall be deemed to have released all claims relating to the FLSA.
Top - Who are the defendants?
Santa Barbara Hospitality Services, Inc., The Spearmint Rhino Companies Worldwide, Inc., Spearmint Rhino Consulting Worldwide, Inc., Santa Barbara Hospitality Services, LLC, DG Hospitality Van Nuys, LLC, Rouge Gentlemen’s Club, Inc., City of Industry Hospitality Venture, Inc., Farmdale Hospitality Services, Inc., High Expectations Hospitality, LLC, Inland Restaurant Venture I, Inc., Kentucky Hospitality Venture, LLC, L.C.M., LLC, Midnight Sun Enterprises, Inc., Nitelife, Inc., Olympic Avenue Venture, Inc., Wild Orchid, Inc., Rialto Pockets, Incorporated, Santa Barbara Hospitality Services, Inc., Santa Maria Restaurant Enterprises, Inc., Sarie’s Lounge, LLC, The Oxnard Hospitality Services, Inc., Washington Management, LLC, World Class Venues, LLC, W.P.B. Hospitality, LLC, City of Industry Hospitality Venture, LLC, Farmdale Hospitality Services, LLC, High Expectations 9 Hospitality Dallas, LLC, Inland Restaurant Venture I, LLC, Kentucky Hospitality Venture Lexington, LLC, LCM1, LLC, Midnight Sun Enterprises, LLC, Nitelife Minneapolis, LLC, Olympic Avenue Ventures, LLC, Rialto Pockets, LLC, Santa Barbara Hospitality Services, LLC, Santa Maria Restaurant Enterprises, LLC, The Oxnard Hospitality Services, LLC, Washington Management Los Angeles, LLC, Wild Orchid Portland, LLC, World Class Venues Iowa, LLC, and WPB Hospitality West Palm Beach, LLC.
Top - How do I know if I am part of the settlement?
You may be part of the settlement if you performed as an entertainer at any of the Clubs and falls within at least one of the following subclasses:
(1). “California Settlement Class”: the individuals who worked as entertainers and who have provided nude, semi-nude and/or bikini entertainment for customers at one or more of the Clubs owned by the following entities at some point during the period of time from February 3, 2013 up to and including the entry of the Preliminary Approval Order: City of Industry Hospitality Venture, Inc. (Spearmint Rhino – City of Industry, CA); Farmdale Hospitality Services, Inc. (Blue Zebra – North Hollywood, CA); Inland Restaurant Venture I, Inc. (Spearmint Rhino – Van Nuys, CA); Midnight Sun Enterprises, Inc. (Spearmint Rhino, Torrance, CA); Olympic Avenue Venture, Inc. (Spearmint Rhino, Los Angeles, CA); The Oxnard Hospitality Services, Inc. (Spearmint Rhino, Oxnard, CA); Rialto Pockets, Incorporated (Spearmint Rhino, Rialto, CA); Rouge Gentlemen’s Club, Inc. (Dames N Games, Van Nuys, CA); Santa Barbara Hospitality Services, Inc. (Spearmint Rhino, Santa Barbara, CA); Santa Maria Restaurant Enterprises, Inc. (Spearmint Rhino, Santa Maria, CA); and Washington Management, LLC (Dames N Games, Los Angeles, CA).
(2) “Florida Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by WPB Hospitality, LLC from February 3, 2012 to the entry of the Preliminary Approval Order.
(3) “Idaho Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by L.C.M., LLC from February 3, 2014 to the entry of the Preliminary Approval Order.
(4) “Iowa Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by Sarie’s Lounge, LLC and World Class Ventures, LLC from February 3, 2014 to the entry of the Preliminary Approval Order.
(5) “Kentucky Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by Kentucky Hospitality Venture, LLC from February 3, 2014 to the entry of the Preliminary Approval Order.
(6) “Minnesota Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by Nitelife, Inc. from February 3, 2014 to the entry of the Preliminary Approval Order.
(7) “Oregon Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by Wild Orchid, Inc. from February 3, 2014 to the entry of the Preliminary Approval Order.
(8) “Texas Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by High Expectations Hospitality Venture, LLC from May 3, 2014 to the entry of the Preliminary Approval Order.
(9) “FLSA Settlement Class”: the individuals who are members of the California, Idaho, Iowa, Florida, Kentucky, Minnesota, Oregon and Texas Settlement Classes who elect to participate in the Settlement and timely submit a Valid Claim Form.
(10) “Intervenor Class”: the individuals who currently perform as members of limited liability companies at any Existing Clubs and wish to perform and remain classified as Owners or LLC Members and not as employees.
Top - What can I get from the settlement?
If you submit the enclosed Claim Form, you will receive a settlement share worth approximately between $6.90 and $11.93 per dance day that you worked. You must complete and mail the Claim Form and W-9 Form (which is included with this class notice) to the Settlement Administrator at the address:
Lauren Byrne v. Santa Barbara Hospitality, Inc., et al. Jenetta L. Bracy v. DG Hospitality Van Nuys, LLC, et al.
Settlement Administrator
P.O. Box 6001
Larkspur, CA 94977-6001Phone: 866-644-9959
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:
Todd Slobin, Esq. Ricardo J. Prieto, Esq. Melinda Arbuckle, Esq.
SHELLIST | LAZARZ | SLOBIN LLP
11 Greenway Plaza, Suite 1515
Houston, TX 77046
Salvatore C. Badala, Esq. Paul B. Maslo, Esq. Napoli Shkolnik PLLC
360 Lexington Avenue
New York, NY 10017
Top - How do I get more information?
For more information, you may:
(a) 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.
(b) 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.
(c) Examine the full Settlement Agreement, the notice and the claim form maintained in the Case Documents section of the website
(d) Contact the Settlement Administrator in writing at:
Lauren Byrne v. Santa Barbara Hospitality, Inc., et al.
&
Jenetta L. Bracy v. DG Hospitality Van Nuys, LLC, et al.
Settlement Administrator
P.O. Box 6001
Larkspur, CA 94977-6001(e) Class Counsel can be contacted by writing to Todd Slobin, Esq. at the following address or calling him at the following toll free number:
Todd Slobin, Esq.
Ricardo J. Prieto, Esq.
SHELLIST | LAZARZ | SLOBIN LLP
11 Greenway Plaza, Suite 1515
Houston, Texas 77046
Tel: (713) 621-2277
Top - What is the status of the case?
There was a 3rd notice packet sent to class members who did not object, exclude or file a prior claim on March 5th, 2020. The claims filing deadline for this 3rd notice is April 4, 2020. This is the date the claim form must be postmarked by to be considered valid.
Top - How can I file a claim?
If you want to claim your share of the Settlement, you must complete and mail the Claim Form to the Settlement Administrator at:
Lauren Byrne v. Santa Barbara Hospitality, Inc., et al.
&
Jenetta L. Bracy v. DG Hospitality Van Nuys, LLC, et al.
Settlement Administrator
P.O. Box 6001
Larkspur, CA 94977-6001YOUR CLAIM MUST BE POSTMARKED ON OR BEFORE APRIL 4, 2020. The Claim Form must be sent by United States Postal Service first class mail or the equivalent. If a Claim Form is not received by APRIL 4, 2020 it will be accepted as long as it bears a postmark bearing that date.
Top - My name has changed. Can I update my name on the claim?
Send your request to:
Settlement Administrator:
Lauren Byrne v. Santa Barbara Hospitality, Inc., et al.
&
Jenetta L. Bracy v. DG Hospitality Van Nuys, LLC, et al.
Settlement Administrator
P.O. Box 6001
Larkspur, CA 94977-6001However, it may not be possible for your name to be changed in our records.
Top - What happens if I do nothing?
If you do not submit the Claim Form and W-9 Form, you will be bound by all the terms of the Settlement, including a full release of claims that will prevent you from suing Defendants, their employees, officers, directors, parent companies, or any other related persons or entities for the matters being settled in this Action. If you fail to file a valid and timely claim, you will receive nothing under the Settlement.
Top