Preview
FILED: NEW YORK COUNTY CLERK 03/15/2023 05:47 PM INDEX NO. 160513/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 03/15/2023
TO BE CIRCULATED IN ENGLISH AND SPANISH
Portuguese, Russian and Polish Translation Available Upon Request. Please Contact Class Counsel
(See Contact Information at Question 2 Below)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
LANGE CAMPBELL, individually and on behalf of all other persons
similarly situated, Index No.: 160513/2018
Plaintiffs,
THIS IS A COURT-APPROVED
-against- NOTICE AND NOT AN
ATTORNEY SOLICITATION
NEW YORK BOILER, INC., RICHARD, BERGER and DONALD
BERGER, PLEASE READ THIS NOTICE
Defendants. CAREFULLY
NOTICE OF SETTLEMENT OF CLASS ACTION LAWSUIT
TO: Each and every person who was an hourly-paid employee of NEW YORK BOILER, INC. (“NYB”) at any
time during the period November 13, 2012 through [APPROVAL ORDER DATE] who performed boiler
maintenance and repair work upon NYCHA projects for any length of time pursuant to contracts entered into
between the New York City Housing Authority (“NYCHA”) and NYB (the “Class”). The defined Class shall not
include any clerical, administrative, professional, or supervisory employees.
PLEASE READ THIS NOTICE CAREFULLY
This Notice relates to a proposed settlement of alleged unpaid wage claims by all individuals employed by NYB as an
hourly-paid employee within the state of New York at any time between November 13, 2012 through and including
[APPROVAL ORDER DATE] (the “Relevant Period”). This notice has been approved by the New York Supreme Court,
County of New York. It contains important information as to your right to receive a settlement payment, to object to the
settlement, or to elect not to be included in the settlement by withdrawing from the case (“opt-out”). Plaintiff Lange
Campbell brought this action on behalf of himself and the Class, seeking additional wages under the New York Labor
Law (“NYLL”), on November 13, 2018 in the Supreme Court of the State of New York, County of New York, Index No.
160513/2018 ( “Litigation”). In the Litigation, Mr. Campbell claims that NYB did not pay Class Members appropriate
prevailing wages and supplemental benefits and applicable overtime wages for work performed on the NYCHA Projects.
NYB and its principals have denied any wrongdoing and maintained that NYB has properly compensated its employees
at all times. To avoid further disputes and the inconvenience, expense, uncertainty and delays of litigation, NYB has
agreed to settle this Litigation. The Court has not decided who is right and who is wrong in this lawsuit. Your legal rights
may be affected, and you have a choice to make now. These rights and options are summarized below and are fully
explained in this Notice.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
PARTICIPATE As described more fully below, if you wish to participate in this settlement, you must submit a
properly completed Claim Form and W-9 Form enclosed with this Notice by no later than [INSERT
60 DAY BAR DATE]. You should receive your settlement check within 120 days after this
settlement is approved by the Court. The information provided on the Claim Form and W-9
Form and W-4 Form is strictly confidential and will only be used to prepare your settlement
check.
EXCLUDE If you wish to exclude yourself (“opt-out”) from the lawsuit, you must follow the directions outlined
YOURSELF in response to Question 6 below.
If you wish to object to the settlement, you must file a claim form and also write to us, at the address
OBJECT listed in response to Question 10 below, about why you object to the settlement, and must do so no
FILED: NEW YORK COUNTY CLERK 03/15/2023 05:47 PM INDEX NO. 160513/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 03/15/2023
later than [60 DAYS], 2023. If the Court rejects your objection, you will still be bound by the terms
of the settlement for claims under New York law unless you submit a valid and timely letter clearly
stating your intention to opt-out of this lawsuit and proceed on your own.
1. Why did I receive this notice?
You have received this notice because records indicate that you worked for NYB at one or more NYCHA Projects during
the Relevant Period.
2. Why is there a settlement?
The Named Plaintiff and his counsel, Virginia & Ambinder, LLP (“Class Counsel”), have analyzed and evaluated the merits
of the Class Claims made against NYB. The parties to this settlement have engaged in numerous settlement discussions
and telephonic calls, and also participated in mediation sessions with mediator Martin Scheinman, Esq. This proposed
settlement was entered into based upon Class Counsel’s analysis of the employment data, relevant law, and the substantial
risks of continued litigation, including the possibility that the litigation, if not settled now, might result in no recovery, a
recovery that is less favorable and/or that would not occur for several years.
Class Counsel
VIRGINIA & AMBINDER, LLP
40 Broad Street – 7th Floor
New York, N.Y. 10004
Telephone: 212 943 9080 Web: www.vandallp.com E-Mail: Lambinder@vandallp.com
3. How is the settlement amount calculated?
If you elect to participate in this settlement, you will be deemed a “Claimant.” Claimants shall receive an allocated share
of the Settlement Fund. Each Class member’s individual settlement allocation shall be computed according to the following
method: (i) determine the total number of hours worked by all Class Members on the NYCHA projects during the Relevant
Period (the “Denominator”); (ii) determine the total number of hours worked on the NYCHA projects by each individual
Class Member during the relevant period (the “Numerator”); (iii) the Numerator shall be divided by the Denominator to
determine each Class Member’s percentage share of reported hours worked; (v) multiply the Class Member’s percentage
share by the Net Settlement Amount to arrive at the Class Member’s Individual Allocation. Using this formula, each Class
Member’s Individual Allocation is subject to a minimum and maximum award as described in the Settlement Agreement.
If the aggregate of Claims, Fees and Costs should exceed $2,200,000 the parties shall meet with Mediator Scheinman in
order to discuss a negotiated solution. The negotiated solution may include a reduction in professional fees, as well as a
reduction in your allocated share of the settlement. You may return the completed Claim Form and W-9 form to the
Settlement Class Administrator by mail using the enclosed self-addressed stamped envelope, E-Mail, fax, or by accessing
the Settlement Claims Administrator’s web page for a fillable pdf Claim Form that will automatically be filed upon
completion.
Settlement Claims Administrator
________________, NY
Tel: _________ Fax: ________________ E-Mail: info@__________.com Website:______________________
RE: NYB Class Action
4. Procedures
If you wish to receive your settlement allocation you must complete, sign and submit the enclosed Claim Form in the
enclosed stamped self-addressed envelope along with the W-9 Form to the Settlement Claims Administrator. You may also
complete the Claim Form online at the following website [website]. You have a right to participate in this settlement
regardless of your immigration status. However, to participate you must provide a valid Social Security Number (“SSN”)
or Tax Identification Number (“TIN”) in order to receive a check. Your settlement payment will be delayed, and may
ultimately be rejected, if you submit a W-9 Form with incomplete or missing information. If you do not have a TIN or SSN,
you may still participate in the settlement so long as you obtain a TIN or SSN on or before [180 days from mailing date],
provided your Claim Form is submitted before [BAR DATE]. The information provided on the Claim Form W-9 Form
and W-4 Form is strictly confidential and will only be used to prepare your settlement check. You will be required to
deposit or cash your settlement check within 120 days from the date when payment was sent to you, otherwise the funds
FILED: NEW YORK COUNTY CLERK 03/15/2023 05:47 PM INDEX NO. 160513/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 03/15/2023
will be refunded to NYB. Class Counsel and NYB’s Counsel do not make any representations concerning the tax
consequences of this settlement, and you are advised to seek your own personal tax advice prior to acting in response to this
Notice.
5. Settlement Fund
The Settlement Fund is Four Million Three Hundred Thousand Dollars ($4,300,000.00) inclusive of all attorney costs and
fees, class administration costs, employer taxes and other withholdings, and service awards. The Net Settlement Amount
is the amount of the Settlement Fund remaining after the attorney costs and fees, class administration costs, employer share
of employment taxes and service awards (“Claims, Fees and Costs”) are deducted from the Settlement Fund. In the event
the aggregate of Claims, Fees and Costs should exceed $2,200,000 the parties shall meet with Mediator Scheinman in order
to discuss a negotiated solution. Plaintiffs and NYB shall each have the right to terminate this agreement in the event a
negotiated solution cannot be reached. If this should happen, the litigation will continue as if there had been no settlement
between the parties.
6. How do I exclude myself from the settlement?
You may withdraw from this settlement (“opt-out”) if you do not want to receive a settlement payment, but you want to
maintain your right to sue NYB on your own. To withdraw from this case, you must submit a written, signed statement to
Class Counsel clearly indicating your wish to opt out of the “NYB Class Action Settlement.” You must include your name,
address, and telephone number in your opt-out letter to Class Counsel. To be effective, your opt-out letter must be faxed,
E-Mailed or mailed via First Class Mail in the enclosed self-addressed stamped envelope, to the address below, and
delivered or postmarked by [60 DAYS], 2023. You may also withdraw by accessing the Settlement Claims Administrator’s
web page for a fillable pdf Opt-out Form that will automatically be filed upon completion.
Settlement Claims Administrator
________________, NY
Tel: _________ Fax: ________________ E-Mail: info@__________.com Website:__________________________
RE: NYB Class Action
7. What happens if I do not opt-out by [60 DAYS], 2023.
If you fail to opt-out by [60 DAYS], 2023 then you will automatically be part of this settlement. You will be entitled to
receive your allocated share of the settlement only if you file the enclosed Claim Form. If you do nothing, you will still
be part of the settlement, however, you will not receive anything. Your claim in this case against NYB for unpaid wages
will be dismissed with prejudice by the Court pursuant to the terms of the settlement agreement. This means that you and
all other Class Members who do not submit claim forms release all claims which were asserted in the Complaint in this
Litigation.
8. If I exclude myself (“opt-out”), can I get money from this settlement?
No. If you exclude yourself, you will not receive any money from this lawsuit.
9. How will the lawyers be paid?
Lloyd Ambinder, Esq. of Virginia & Ambinder, LLP, 40 Broad Street, 7th Floor, New York, New York 10004,
212.943.9080, www.vandallp.com represents you in this case. Class Counsel has asked the Court to approve a fee of no
more than Twenty-Nine Percent (29%) of the Settlement Fund. The Court-approved fee will pay Class Counsel for
investigating the facts, litigating the lawsuit, and negotiating and overseeing the settlement. The Court will ultimately decide
the amount that will be paid to Class Counsel. If you opt out of the Class and want to be represented by your own lawyer,
you may hire one at your own expense.
10. How do I tell the Court that I don’t like the settlement?
You can object to the settlement if you don't like any part of it. If you wish to object you must file a Claim Form and also
give reasons why you think the Court should not approve it. The Court will consider your views. If the Court rejects your
objection, you will still be bound by the terms of the settlement of your claims asserted in this lawsuit unless you have
submitted a valid and timely request for exclusion (“opt-out”). To object, you must submit the enclosed Claim Form and
must send a letter saying that you object to this proposed settlement. Your statement must include all reasons for the
objection and any supporting documentation. Your statement must also include your name, address, and telephone number.
If you wish to present your objection at the Fairness Hearing described below, you must state your intention to do so in
your written objection. Submit the objection via fax, E-Mail or First-Class Mail in the enclosed self-addressed stamped
FILED: NEW YORK COUNTY CLERK 03/15/2023 05:47 PM INDEX NO. 160513/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 03/15/2023
envelope to the address below. Your objection will not be heard unless it is received by the Settlement Claims Administrator
by [60 DAYS] 2023. Class Counsel will file your objection with the Court. You may also object to the settlement by
accessing the Settlement Claims Administrator’s web page for a fillable pdf Claim Form and Objection Form. The forms
will automatically be filed upon completion.
Settlement Claims Administrator
___________ ________________, NY
Tel: _________ Fax: ________________ E-Mail: info@__________.com Website:__________________________
RE: NYB Class Action
11. 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 file a
Claim Form. Excluding yourself (“opting-out”) means informing the Court that you do not want to be part of the Class and
this proposed settlement. You may not object to the settlement and also opt-out of this case. If you exclude yourself, you
have no basis to object because you will no longer remain a party to this action. If you do not opt-out of the settlement you
claim will be deemed to have released all claims asserted in the Complaint in this Litigation.
12. When and where will the Court decide whether to approve the settlement?
The Court will hold a Fairness Hearing on [_DATE_], 2023 at [TIME]. The Fairness Hearing will be held at the Supreme
Court of the State of New York, New York County, in Part 23, located at 71 Thomas Street Room 311, New York, New York
10013-3821.You must advise Class Counsel no later than [BAR DATE] if you wish to appear before the Court to make a
statement. At this hearing the Court will consider any objections and whether the terms of the settlement are fair, reasonable,
and adequate. After the hearing, the Court will decide whether to approve the settlement, including Class Counsels’ fee,
Plaintiffs’ application to award the Named Plaintiff and other members of the Settlement Class who assisted Class Counsel
in prosecution of this Action service awards of up to Forty Three Thousand Dollars collectively ($43,000.00) for the work
and services they provided to the members of the Class, and an application to pay the Settlement Class Administrator for its
services. We do not know how long these decisions will take. If there are no objections, the Court may cancel the fairness
hearing and the Court may enter an order approving the settlement.
YOU ARE NOT REQUIRED TO ATTEND ANY FAIRNESS HEARING
IF YOU DO NOT OBJECT TO THE SETTLEMENT
13. Are there more details about the settlement?
This notice summarizes the proposed settlement. More details are contained in the Settlement Agreement. You can review
the Settlement Agreement by asking for a copy by contacting the Settlement Claims Administrator or Class Counsel (see
contact information in Questions 2 and 3).
DO NOT CONTACT THE COURT WITH QUESTIONS
YOU MAY PARTICIPATE EVEN IF YOU ARE AN UNDOCUMENTED IMMIGRANT
TO PARTICIPATE YOU MUST SUBMIT A CLAIMS FORM WITH W-9 FORM BY [60 DAYS]
COMUNICATIONS WITH VIRGINIA AND AMBINDER ARE STRICTLY CONFIDENTIAL
PLEASE CONTACT VIRGINIA & AMBINDER IF YOU HAVE ANY QUESTIONS
Preview
FILED: NEW YORK COUNTY CLERK 03/15/2023 05:47 PM INDEX NO. 160513/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 03/15/2023 TO BE CIRCULATED IN ENGLISH AND SPANISH Portuguese, Russian and Polish Translation Available Upon Request. Please Contact Class Counsel (See Contact Information at Question 2 Below) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LANGE CAMPBELL, individually and on behalf of all other persons similarly situated, Index No.: 160513/2018 Plaintiffs, THIS IS A COURT-APPROVED -against- NOTICE AND NOT AN ATTORNEY SOLICITATION NEW YORK BOILER, INC., RICHARD, BERGER and DONALD BERGER, PLEASE READ THIS NOTICE Defendants. CAREFULLY NOTICE OF SETTLEMENT OF CLASS ACTION LAWSUIT TO: Each and every person who was an hourly-paid employee of NEW YORK BOILER, INC. (“NYB”) at any time during the period November 13, 2012 through [APPROVAL ORDER DATE] who performed boiler maintenance and repair work upon NYCHA projects for any length of time pursuant to contracts entered into between the New York City Housing Authority (“NYCHA”) and NYB (the “Class”). The defined Class shall not include any clerical, administrative, professional, or supervisory employees. PLEASE READ THIS NOTICE CAREFULLY This Notice relates to a proposed settlement of alleged unpaid wage claims by all individuals employed by NYB as an hourly-paid employee within the state of New York at any time between November 13, 2012 through and including [APPROVAL ORDER DATE] (the “Relevant Period”). This notice has been approved by the New York Supreme Court, County of New York. It contains important information as to your right to receive a settlement payment, to object to the settlement, or to elect not to be included in the settlement by withdrawing from the case (“opt-out”). Plaintiff Lange Campbell brought this action on behalf of himself and the Class, seeking additional wages under the New York Labor Law (“NYLL”), on November 13, 2018 in the Supreme Court of the State of New York, County of New York, Index No. 160513/2018 ( “Litigation”). In the Litigation, Mr. Campbell claims that NYB did not pay Class Members appropriate prevailing wages and supplemental benefits and applicable overtime wages for work performed on the NYCHA Projects. NYB and its principals have denied any wrongdoing and maintained that NYB has properly compensated its employees at all times. To avoid further disputes and the inconvenience, expense, uncertainty and delays of litigation, NYB has agreed to settle this Litigation. The Court has not decided who is right and who is wrong in this lawsuit. Your legal rights may be affected, and you have a choice to make now. These rights and options are summarized below and are fully explained in this Notice. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT PARTICIPATE As described more fully below, if you wish to participate in this settlement, you must submit a properly completed Claim Form and W-9 Form enclosed with this Notice by no later than [INSERT 60 DAY BAR DATE]. You should receive your settlement check within 120 days after this settlement is approved by the Court. The information provided on the Claim Form and W-9 Form and W-4 Form is strictly confidential and will only be used to prepare your settlement check. EXCLUDE If you wish to exclude yourself (“opt-out”) from the lawsuit, you must follow the directions outlined YOURSELF in response to Question 6 below. If you wish to object to the settlement, you must file a claim form and also write to us, at the address OBJECT listed in response to Question 10 below, about why you object to the settlement, and must do so no FILED: NEW YORK COUNTY CLERK 03/15/2023 05:47 PM INDEX NO. 160513/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 03/15/2023 later than [60 DAYS], 2023. If the Court rejects your objection, you will still be bound by the terms of the settlement for claims under New York law unless you submit a valid and timely letter clearly stating your intention to opt-out of this lawsuit and proceed on your own. 1. Why did I receive this notice? You have received this notice because records indicate that you worked for NYB at one or more NYCHA Projects during the Relevant Period. 2. Why is there a settlement? The Named Plaintiff and his counsel, Virginia & Ambinder, LLP (“Class Counsel”), have analyzed and evaluated the merits of the Class Claims made against NYB. The parties to this settlement have engaged in numerous settlement discussions and telephonic calls, and also participated in mediation sessions with mediator Martin Scheinman, Esq. This proposed settlement was entered into based upon Class Counsel’s analysis of the employment data, relevant law, and the substantial risks of continued litigation, including the possibility that the litigation, if not settled now, might result in no recovery, a recovery that is less favorable and/or that would not occur for several years. Class Counsel VIRGINIA & AMBINDER, LLP 40 Broad Street – 7th Floor New York, N.Y. 10004 Telephone: 212 943 9080 Web: www.vandallp.com E-Mail: Lambinder@vandallp.com 3. How is the settlement amount calculated? If you elect to participate in this settlement, you will be deemed a “Claimant.” Claimants shall receive an allocated share of the Settlement Fund. Each Class member’s individual settlement allocation shall be computed according to the following method: (i) determine the total number of hours worked by all Class Members on the NYCHA projects during the Relevant Period (the “Denominator”); (ii) determine the total number of hours worked on the NYCHA projects by each individual Class Member during the relevant period (the “Numerator”); (iii) the Numerator shall be divided by the Denominator to determine each Class Member’s percentage share of reported hours worked; (v) multiply the Class Member’s percentage share by the Net Settlement Amount to arrive at the Class Member’s Individual Allocation. Using this formula, each Class Member’s Individual Allocation is subject to a minimum and maximum award as described in the Settlement Agreement. If the aggregate of Claims, Fees and Costs should exceed $2,200,000 the parties shall meet with Mediator Scheinman in order to discuss a negotiated solution. The negotiated solution may include a reduction in professional fees, as well as a reduction in your allocated share of the settlement. You may return the completed Claim Form and W-9 form to the Settlement Class Administrator by mail using the enclosed self-addressed stamped envelope, E-Mail, fax, or by accessing the Settlement Claims Administrator’s web page for a fillable pdf Claim Form that will automatically be filed upon completion. Settlement Claims Administrator ________________, NY Tel: _________ Fax: ________________ E-Mail: info@__________.com Website:______________________ RE: NYB Class Action 4. Procedures If you wish to receive your settlement allocation you must complete, sign and submit the enclosed Claim Form in the enclosed stamped self-addressed envelope along with the W-9 Form to the Settlement Claims Administrator. You may also complete the Claim Form online at the following website [website]. You have a right to participate in this settlement regardless of your immigration status. However, to participate you must provide a valid Social Security Number (“SSN”) or Tax Identification Number (“TIN”) in order to receive a check. Your settlement payment will be delayed, and may ultimately be rejected, if you submit a W-9 Form with incomplete or missing information. If you do not have a TIN or SSN, you may still participate in the settlement so long as you obtain a TIN or SSN on or before [180 days from mailing date], provided your Claim Form is submitted before [BAR DATE]. The information provided on the Claim Form W-9 Form and W-4 Form is strictly confidential and will only be used to prepare your settlement check. You will be required to deposit or cash your settlement check within 120 days from the date when payment was sent to you, otherwise the funds FILED: NEW YORK COUNTY CLERK 03/15/2023 05:47 PM INDEX NO. 160513/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 03/15/2023 will be refunded to NYB. Class Counsel and NYB’s Counsel do not make any representations concerning the tax consequences of this settlement, and you are advised to seek your own personal tax advice prior to acting in response to this Notice. 5. Settlement Fund The Settlement Fund is Four Million Three Hundred Thousand Dollars ($4,300,000.00) inclusive of all attorney costs and fees, class administration costs, employer taxes and other withholdings, and service awards. The Net Settlement Amount is the amount of the Settlement Fund remaining after the attorney costs and fees, class administration costs, employer share of employment taxes and service awards (“Claims, Fees and Costs”) are deducted from the Settlement Fund. In the event the aggregate of Claims, Fees and Costs should exceed $2,200,000 the parties shall meet with Mediator Scheinman in order to discuss a negotiated solution. Plaintiffs and NYB shall each have the right to terminate this agreement in the event a negotiated solution cannot be reached. If this should happen, the litigation will continue as if there had been no settlement between the parties. 6. How do I exclude myself from the settlement? You may withdraw from this settlement (“opt-out”) if you do not want to receive a settlement payment, but you want to maintain your right to sue NYB on your own. To withdraw from this case, you must submit a written, signed statement to Class Counsel clearly indicating your wish to opt out of the “NYB Class Action Settlement.” You must include your name, address, and telephone number in your opt-out letter to Class Counsel. To be effective, your opt-out letter must be faxed, E-Mailed or mailed via First Class Mail in the enclosed self-addressed stamped envelope, to the address below, and delivered or postmarked by [60 DAYS], 2023. You may also withdraw by accessing the Settlement Claims Administrator’s web page for a fillable pdf Opt-out Form that will automatically be filed upon completion. Settlement Claims Administrator ________________, NY Tel: _________ Fax: ________________ E-Mail: info@__________.com Website:__________________________ RE: NYB Class Action 7. What happens if I do not opt-out by [60 DAYS], 2023. If you fail to opt-out by [60 DAYS], 2023 then you will automatically be part of this settlement. You will be entitled to receive your allocated share of the settlement only if you file the enclosed Claim Form. If you do nothing, you will still be part of the settlement, however, you will not receive anything. Your claim in this case against NYB for unpaid wages will be dismissed with prejudice by the Court pursuant to the terms of the settlement agreement. This means that you and all other Class Members who do not submit claim forms release all claims which were asserted in the Complaint in this Litigation. 8. If I exclude myself (“opt-out”), can I get money from this settlement? No. If you exclude yourself, you will not receive any money from this lawsuit. 9. How will the lawyers be paid? Lloyd Ambinder, Esq. of Virginia & Ambinder, LLP, 40 Broad Street, 7th Floor, New York, New York 10004, 212.943.9080, www.vandallp.com represents you in this case. Class Counsel has asked the Court to approve a fee of no more than Twenty-Nine Percent (29%) of the Settlement Fund. The Court-approved fee will pay Class Counsel for investigating the facts, litigating the lawsuit, and negotiating and overseeing the settlement. The Court will ultimately decide the amount that will be paid to Class Counsel. If you opt out of the Class and want to be represented by your own lawyer, you may hire one at your own expense. 10. How do I tell the Court that I don’t like the settlement? You can object to the settlement if you don't like any part of it. If you wish to object you must file a Claim Form and also give reasons why you think the Court should not approve it. The Court will consider your views. If the Court rejects your objection, you will still be bound by the terms of the settlement of your claims asserted in this lawsuit unless you have submitted a valid and timely request for exclusion (“opt-out”). To object, you must submit the enclosed Claim Form and must send a letter saying that you object to this proposed settlement. Your statement must include all reasons for the objection and any supporting documentation. Your statement must also include your name, address, and telephone number. If you wish to present your objection at the Fairness Hearing described below, you must state your intention to do so in your written objection. Submit the objection via fax, E-Mail or First-Class Mail in the enclosed self-addressed stamped FILED: NEW YORK COUNTY CLERK 03/15/2023 05:47 PM INDEX NO. 160513/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 03/15/2023 envelope to the address below. Your objection will not be heard unless it is received by the Settlement Claims Administrator by [60 DAYS] 2023. Class Counsel will file your objection with the Court. You may also object to the settlement by accessing the Settlement Claims Administrator’s web page for a fillable pdf Claim Form and Objection Form. The forms will automatically be filed upon completion. Settlement Claims Administrator ___________ ________________, NY Tel: _________ Fax: ________________ E-Mail: info@__________.com Website:__________________________ RE: NYB Class Action 11. 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 file a Claim Form. Excluding yourself (“opting-out”) means informing the Court that you do not want to be part of the Class and this proposed settlement. You may not object to the settlement and also opt-out of this case. If you exclude yourself, you have no basis to object because you will no longer remain a party to this action. If you do not opt-out of the settlement you claim will be deemed to have released all claims asserted in the Complaint in this Litigation. 12. When and where will the Court decide whether to approve the settlement? The Court will hold a Fairness Hearing on [_DATE_], 2023 at [TIME]. The Fairness Hearing will be held at the Supreme Court of the State of New York, New York County, in Part 23, located at 71 Thomas Street Room 311, New York, New York 10013-3821.You must advise Class Counsel no later than [BAR DATE] if you wish to appear before the Court to make a statement. At this hearing the Court will consider any objections and whether the terms of the settlement are fair, reasonable, and adequate. After the hearing, the Court will decide whether to approve the settlement, including Class Counsels’ fee, Plaintiffs’ application to award the Named Plaintiff and other members of the Settlement Class who assisted Class Counsel in prosecution of this Action service awards of up to Forty Three Thousand Dollars collectively ($43,000.00) for the work and services they provided to the members of the Class, and an application to pay the Settlement Class Administrator for its services. We do not know how long these decisions will take. If there are no objections, the Court may cancel the fairness hearing and the Court may enter an order approving the settlement. YOU ARE NOT REQUIRED TO ATTEND ANY FAIRNESS HEARING IF YOU DO NOT OBJECT TO THE SETTLEMENT 13. Are there more details about the settlement? This notice summarizes the proposed settlement. More details are contained in the Settlement Agreement. You can review the Settlement Agreement by asking for a copy by contacting the Settlement Claims Administrator or Class Counsel (see contact information in Questions 2 and 3). DO NOT CONTACT THE COURT WITH QUESTIONS YOU MAY PARTICIPATE EVEN IF YOU ARE AN UNDOCUMENTED IMMIGRANT TO PARTICIPATE YOU MUST SUBMIT A CLAIMS FORM WITH W-9 FORM BY [60 DAYS] COMUNICATIONS WITH VIRGINIA AND AMBINDER ARE STRICTLY CONFIDENTIAL PLEASE CONTACT VIRGINIA & AMBINDER IF YOU HAVE ANY QUESTIONS